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HomeMy WebLinkAbout1983 Council MinutesVOLUME XLVIII January 5, 1983 1 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT SPECIAL MEETING A special meeting of the Council of the City of Elgin, Illinois, was held on January 5, 1983,. at 5;18 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!, Schmidt, Waters and Mayor Verbic, Absent: None. Also present: Nelson, Yearman, Jentsch and members of staff. RESOLUTION ADOPTED DECLARING VACANCIES IN THE OFFICE OF COUNCILMAN Councilman Gilliam made a motion, seconded by Councilman Hansen to adopt with regret the aforementioned resolution, Yeas- Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None, 2 VOLUME XLVIII RESOLUTION' DECLARING VACANCIES IN THE OFFICE OF COUNCILMAN WHEREAS, on December 19, 1982 a vacancy was created in the office of councilman for the City of Elgin by reason of the death of Lucille Wise Nelson the duly elected holder of such office; and WHEREAS, James Kirkland has resigned from his office as councilman for the City of Elgin; and WHEREAS, Section 5 -2 -9 of Chapter 24 of the Illinois Revised Statutes provides that a vacancy occurs in the office of councilman by reason of the death or resignation of the holder of such office;. and WHEREAS. Section 5 -2 -12 of Chapter 24 of the Illinois Revised Statutes provides in relevant part that in the event that a vacancy occurs in the office of councilman, the remaining members of the City Council, within sixty days after the occurrence of the vacancy shall fill the vacancy by appointment: of some person to such office for the balance of the unexpired term. NOW;; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1< That #, hereby declares two vacancies in the office of councilman of the City of Elgin by reason of resignation and death as described above.` Section 2, That each of said offices shall be filled by appointment of the City Council for the balance of the unexpired terms. Presented: January 5, 1983 Adopted: January 5, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ s/ Mare Year an NNF e Yearman, City Clerk s/ Richard L, Verbic Richara L. Ver ic, Mayor ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilman Waters to adjourn the Special Council Meeting and go into Executive Session to discuss Acquisition of Property and the filling of vacancies on the Elgin City Council, Yeas: Councilmen Gilliam, Hansen, Schmidt, _E Waters and Mayor Verbic. Nays: None. The meeting was adjourned t. , t b 5:21 p.m. Marie Yearma City C erk 3 January 10, 1983 VOLUME XLVIII 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 10, 1983, at 8:00 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend George Johnson of St. Hugh of Lincoln Church and the Pledge of Allegiance was led by Council- man Schmidt. ROLL CALL Roll cal -1 was answered by Councilmen Hansen, Schmidt, Waters and Mayor Verbic. Absent: Councilman Gilliam. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE DECEMBER 22, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Schmidt to approve the December 22, 1983 Council Minutes as published. Yeas: Councilmen Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED APPOINTING WILLIAM RAUSCHENBERGER TO FILL A VACANCY IN THE OFFICE OF COUNCILMAN Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution: Yeas:Councilmen Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION APPOINTING WILLIAM RAUSCHENBERGER TO FILL A VACANCY IN THE OFFICE OF COUNCILMAN WHEREAS, Lucille Wise Nelson has vacated the office of councilman for the City of Elgin, Illinois; and WHEREAS, the City Council is authorized to fill any vacancy by appointment for the balance of the unexpired term and WHEREAS, less than sixty days have elapsed since the creation of the vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that William Rauschenberger be and is hereby appointed to the office of councilman of the City of Elgin, Illinois, for the balance of an unexpired term ending on April 30, 1983. s/ Richard L. Verbic Richard L Ver ic, Mayor Presented: January 10, 1983 Adopted: January 10, 1983 Voter Yeas 4 Nays 0 Recorded: Attest: s/ Marie Yeakhaan Marie Barman, City Clerk RESOLUTION ADOPTED APPOINTING GEORGE CASTI LO TO FILL VACANCY IN THE OFFICE OF COUNCILMANN 4 Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas. Councilmen Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. 5 VOLUME XLVIIi RESOLUTION APPOINTING GEORGE CASTILLO TO FILL A VACANCY IN THE OFFICE OF COUNCILMAN WHEREAS, James Kirkland has vacated the office of councilman for the City of Elgin, Illinois; and WHEREAS, the City Council is authorized to fill any vacancy by appointment for the balance of the unexpired term; and WHEREAS, less than sixty days have elapsed since the creation of the vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George Castillo be and is hereby appointed to the office of councilman of the City of Elgin, Illinois, for the balance of an unexpired term ending on April 30, 1983. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 10 1983 Adopted: January 1'0, 1983 Vote: Yeas 4 Nays 0 Recorded: Attest: S / Marie Yea&an Marie Yearman, City Clerk Mayor'Verbic: I did receive tonight a letter from Councilman Gilliam addressed to the Mayor and Council, which reads as follows: "Due to District U °46 School. Board holding their regular meeting tonight, i am unable to be in attendance. However, I would like to say that I wholeheartedly support the selection of Mr. William Rauschenberger and Mr. George Castillo to the City Council. If I were present they would most definitely receive my vote of support. Sincerely, Robert Gilliam" VOLUME XLVIII INDUCTION OF COUNCILMEN TO THE ELGI CITY CGUNCIL 0 Mayor Verbic administered the oath of office to William Rauschenberger and George Castillo. Mayor Verbic, I think it is a special privilege to welcome these two Councilmen as new members. We appreciate,both of you putting up your names to offer this service to the citizens of Elgin. RESOLUTION ADDPTEI):EXPRESSING APPRECIATION TO JAMES KIRKLAND Councilman Waters made a motion, seconded by Councilman Rauschenberge�, to adopt the aforementioned resolution. Yeas Councilmen Castello, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays None. 7 RESOLUTION EXPRESSING APPRECIATION TO JAMES KIRKLAND VOLUME XLVIII WHEREAS, James Kirkland was appointed to the City Council of the City of Elgin to fill a vacancy on May 24, 1978; WHEREAS, at the succeeding regular municipal election, James Kirkland was elected to the office of councilman for the City of Elgin; and WHEREAS, James Kirkland has contributed many hours on behalf of the residents of the City of Elgin as a member of the City Council of.the City of Elgin; and WHEREAS, at the last general election James Kirkland was elected as a member of the General Assembly of the State of Illinois.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TftE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to James Kirkland: for his dedicated public service as a member of the City Council of the City of Elgin. s/ Richard L. Verbic Richard er ac, Mayor Presented: January 10, 1983 Adopted: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded;' Attest: s/ Marie Yearbian Marie Yearman, City Clerk PETITION 29 -82 REQUESTING A B -3 SERVICE D IVyKin JIKCGI - - ArrKUVtU Roger Dahlstrom: The subject property is located on the northwest corner of North and Center. It is improved with a two story frame structure with commercial use downstairs and residential use up- stairs. It is located well within the B -3 zoning classification district. The Land Use Committee held a public hearing on the subject petition on December'6, 1982. They provided findings of fact at their next regular meeting on December 20, 1982. They received no written or verbal objections to the petition and on a vote of 7 -0 the Land Use Committee recommends approval of Petition 29 -82, VOLUME XLVIII n. Councilman Schmidt: Do you really feel that there is going to be ample parking next to that building, not only for cars, but for bicycles. Mr. Dahlstrom: At the present time there are six spaces and it is our feeling it is. Councilman Castillo: At the Land Use Committee meeting one of the members asked Mr. Deering what was meant by adult supervision. You said you thought it included somebody eighteen years old but you were going to look into it. Jerry Deering: Further on in the transcript I think that we pointed out that the legal age in the State of Illinois is eighteen and by saying adult that indeed meant eighteen. Mayor Verbic: As you will note the recommendation includes certain conditions and these department conditions include that the electronic game center is to be subject to the following operating rules and regulations: (a) No loitering is to be permitted on the premises. (b) No gambling on the outcome of games is to be permitted. (c) No persons under the age of 18 years are to be permitted on the premises during school hours unless accompanied by a parent or legal guardian. For the purposes of this condition school hours means between the hours of 8:00 A.M. and 3:00 P.,M., Monday through Friday, from September 1 until June 15. (d) Adult staff is to be present on the premises during all hours of operation. (e) Hours of operation are to be limited as follows: September 1 through June 15 Monday through Friday 11:00 a.m. - 8:30 p.m. Saturday 9:00 a.m. 10 :00 P.M. Sunday 1:00 P.M. 6:00 p.m. June 16 through August 31 Monday through Saturday 10:00 a.m. 10:00 P.M. Sunday 1 :00 P.M. 6:00 p.m. Parking lot is to be improved with a screening hedge and 6 striped parking spaces as required by the parking lot ordinance. A bicycle rack is to be installed on the premises. Compliance with all other applicable codes and ordinances. Councilman Schmidt: How do these operational hours compare with the two existing amusement centers. Jerry Deering: They are virtually identical. 9 VOLUME XLVIII Councilman Rauschenberger made a motion, seconded by Councilman Hansen to approve Petition 29 -82. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: Councilman Schmidt. ORDINANCE PASSED VACATFNG A PORTION OF GIFFORD'S . Councilman Rauschenberger: If you vacate this portion you absolutely make the rest of the area, outside of the sidewalk and street on that side of the street, useless to the City: Why was'nt the ordinance prepared to get rid of the whole strip. Attorney Hallock: I am here tonight on behalf of the petitioners, Mr, and Mrs. O'Day, This is a situation where the curb and sidewalk is down on the street and there is no treebank. The particular piece of property which is involved here is on the very corner of a lot, which happens to be the corner lot and the general use in the neighborhood is that everyone seems to consider a portion of the public right -of -way as their front yard because 'a number of fences come right down to the sidewalk which enclose part of the public right -of -way, and that is the reason for just including this small square, approximately 10 x 12 feet.. Mayor Verbic: Attorney Hallock when you discussed this with our legal staff was there any discussion about vacating the entire strip. Attorney Hallock: No Mr. Mayor, other than the fact that I thought it would be more palatable to the City Council when 1 first began this project approximately a year and a half ago, to ask just for what we actually needed to clear title to the property. We have no use for any more than that. Councilman Hansen made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and .Mayor Verbic. Nays: None. VOLUME XLV111 10 Ordinance No. G2 -83 -- AN ORDINANCE VACATING A PORTION OF GIFFORD STREET WHEREAS, the public interest will be served-by vacating a portion of Gifford Street in the City of Elgin, Kane County, Illinois, as shown on Exhibit "A" attached hereto; and WHEREAS, said property is'not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a portion of Gifford Street in the City of Elgin, Kane County, Illinois, legally described as follows: That part of the public right of way of Gifford Street in the City of Elgin, Illinois, described as commencing at a point on the Southeasterly line of Lot 4 in Block '4 of Railroad Addition to Elgin, 68.35 feet Southwesterly from the most Easterly corner of said lot; thence Southwesterly along said Southeasterly line, a distance of 1.65 feet for a point of beginning; thence Southeasterly at right angles to the ,last described line, 9.75 feet; thence Southwesterly, parallel to the Southeasterly line of said °lot 4, 12.75 feet; thence Northwesterly at right angles to the last described line, 9.75 feet to the Southeasterly line of said lot 4 ,thence Northeasterly along said line, 12.75 feet to'the point of beginning, in the City of Elgin, Kane County,. Illinois. be and the same is.hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Ver ic, Mayor VOLUME XLVIII Presented: January 10 1983 Passed: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearian Marie Yearman, City Clerk Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas.. Councilmen Castillo, Hansen, Rauschenberg;er, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME`XLVI�B Ordinance No. G1 -83 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED AT 1380 AND 1384 DUNDEE AVENUE FROM B -1, COUNIUNITY BUSINESS DISTRICT, TO B -3, SERVICE BUSINESS DISTRICT, AND GRANTING A SPECIAL USE FOR A MOTOR VEHICLE OPEN SALES LOT WHEREAS, written application has been made to reclassify certain property located at 1380 and 1384 Dundee Avenue from B -1, Community Business District, to B -3, Service Business District, and for a special use at 1384 Dundee Avenue for a motor vehicle open sales lot; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for a motor vehicle open sales lot be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations_ of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1996, 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's as amended, be and are hereby altered by excluding from B -1, Community Business District, and including in the B -3, Service Business District, the following described property: Lot 14 in Block 1 of Trout Park River Bluff Addition to Elgin, in the City of Elgin, Kane County, Illinois." subject to the condition that access to 1380 Dundee Avenue be limited to one approach °on._Glenwood Avenu @rand that no access be permitted to Dundee Avenue. Section 2. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from B -1, Community Business District, and including in the B -3, Service Business District, the following described property: Lot 13, except the Easterly 10.33 feet thereof, of Trout Park River Bluff Addition to Elgin, in the City of Elgin, Kane County, Illinois." 12 12 VOLUME XLVIII Section 3. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a motor vehicle open sales lot, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, on the following legally described property: Lot 13, except the Easterly 10.33 feet thereof, of Trout Park River Bluff Addition to Elgin, in the City of Elgin, Kane County, Illinois. subject to the following conditions: 1. Conformance to the site plan for 1384 Dundee Avenue dated November 10, 1982 including the provision of five (S) off- street parking spaces, paving, striping, setbacks, land- scaping, screening,- and the relocation of the existing driveway; Z. No additional building construction is to be permitted on the premises; 3. No more than four (4) motor vehicles are to be dis- played or stored on the premises at any given time; 4. No motor vehicle repair is to be performed on the premises; S. Existing trees are to be preserved and maintained wherever possible; 6. No lighting other than usual customary security light- ing is to be permitted after the daily closing of the business; and 7. Compliance 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. s/ Richard L. Verbic Richard L. Verbic, Iv1dvor Presented: January 10, 1983 Passed: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: , s/ Marie Yea an rie Yearman, City Cler VOLUME XLVlIi 13 Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution, Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays; None, )LUTION TABLED AUTHORIZING .A Councilman Hansen made a motion, seconded, by Councilman Waters to table the aforementioned resolution. Yeas, Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and .Mayor Verbic, Nays. None, RESOLUTION ADOPTED ACCEPTING GRANT OF EASEMENTS Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 14 RESOLUTION ACCEPTING GRANT OF EASEMENTS VOLUME XLVIII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of permanent and temporary easements from the New York Life Insurance Company for the construction, repair, replacement, maintenance and utilization, of a water transmission pipe and necessary appurtenances thereto, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council is hereby authorized and directed to cause the grant of easements hereby accepted to be recorded in the office of the Recorder of Deeds of Cook County,_ Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 10, 1983 Adopted: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: ilk s/ Marie Yeaian Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING ROBERT GILLIAM AS A MEMBER OF THE L7000R CONTROL COMMISSIO Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION APPOINTING ROBERT`GILLIAM AS A MEMBER OF THE LIQUOR CONTROL CCb1MISSI0N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert Gilliam be and is hereby appointed as a member of the Liquor Control Commission to fill the unexpired term of Lucille Wise Nelson. sl Richard L. Verbic Richard L. Verbic, Mayor Presented: January 10, 1983 Adopted: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year'an Marie Yearman, city Clerk WE 1ZING EXEC 15 Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 16 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH CLARKE OUTDOOR SPRAYING COMPANY, INC. VOLUME XLVIII WHEREAS, Clarke Outdoor Spraying Company, Inc. has °submitted its proposal for performing mosquito control services during the summers of 1983 and 1984; and WHEREAS, the City Council has reviewed said proposal and finds that it is in the best interest of the City, of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS; that Leo Nelson, City Manager, be and is hereby authorized and directed to enter into a written agreement by and in behalf of the City of Elgin with Clarke Outdoor Spraying Company, Inc. for mosquito control services for 1983 and 1984 in accordance with the proposal of Clarke Outdoor Spraying Company, Inc. at the unit prices established and in accordance with the written proposal attached hereto. s/ Richard L. Verbic Richard L. er ic, yor Presented: January 10, 1983 Adopted: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: iAltt�rtsest: ides <1�_5La_.e_,� s/ Marie Yearnan Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE Leo Nelson: Mr, Kelley brought to my attention that the amount we have in the budget which is $21,000 is $800.00 less than he had included in his letter. He wondered if it was your intention to meet the requested amount included in his letter which was $21;800, which would make the quarterly payments $5450;00, or whether we wanted to go with what is in the budget which is the $21,000. 1 am not sure why that happened and I don't think you intentionally reduced his request. Mayor Verbic: I think it was an oversight when we received the material and what I would suggest that we do is send the full $21,800. Let's have a motion to increase the payment to $5450.00 if that is in agreement with the Council members. Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution and amend the payment to $5450.00. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVIIi RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF CRCE WHEREAS, the City of Elgin has heretofore agreed to contribute the stun of $5,450 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 $5,450 for the support of the Visitors and Convention Bureau Program, s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: January 10, 1483 Adopted: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year`Man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE 'ELGIN AREA CHAMBER OF COMMERCE 17 Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 18 VOLUME XLVIII RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE WHEREAS, the City of Elgin has heretofore agreed to contribute the sum of ,$5,250 each quarter for the support of the Economic Development Commission; and WHEREAS, the efforts and activities of the Economic Development Commission contribute to the public welfare; and WHEREAS, the efforts and activities of the Economic Development. Commission promote the public purposes of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 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 $5,250 for the support of the Economic Development Commission. Presented: January 10 1983 Adopted: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: �1 s/ Marie Yearlhan Marie Yearman, City Clerk i s/ Richard L. Verbic Echard Lo Verbic, Mayor DING CERTA Councilman Hansen made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVIH Ordinance No. G4 -83 AN ORDINANCE AMENDING CERTAIN TRAFFIC AND PARKING RESTRICTIONS IN _ THE CITY OF ELGIN ""BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.20, Section 11.20.060C4(h) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following prohibition of right turns against a steady red signals Westbound on Summit Street (Ill. 58) turning north onto Dundee Avenue (Ill. 25). Section 2. That Title 11, Chapter 11.36, Section 11.36.050M of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following parking restriction: Bent Street, south side, from Villa Street to lower Wellington Avenue, from November lst to April 1st. Section 3. That Title 11, Chapter 11.36, Section 11.36.050M of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following parking restrictions: Bent Street, south side, from Villa Street to Arlington Avenue, from November lst to April 1st. Bent Street, south side, from Grace Street to lower, Wellington Avenue, from November lst to AEI 1 "st. Bent Street, south side, from Arlington Avenue-to Grace Street, from.November lst to April 1st, except on Sundays between the hours of nine a.m. and twelve noon. Section 4. That Title 11, Chapter 11.36, Section 11.36.050M of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following parking restriction: Jefferson Avenue, north side, from a point five hundred and thirty feet east of Preston Avenue to Liberty Street, from November lst to April 1st. Section 5. That Title 11, Chapter 11.36, Section 11.36.050M of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following parking restriction: Jefferson Avenue, north side, from a point five hundred and thirty feet east of Preston Avenue to Preston Avenue, from November lst to April 1st. Section 6. Than all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 19 ZO VOLUME XLVIII Section 7. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. Presented: January 10 1983 Passed: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: tAttest: s/ Marie Year an Marie Yearman, City Clerk RES s/ Richard L. Verbic Richard . Verbic, yor CUTION Councilman Waters made a motion, seconded by Councilman Rauschenberger to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME - XLVII RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND QUIT CLAIM DEED WITH WOODRUFF & EDWARDS, INC. 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 and quit claim deed on behalf of the City of Elgin with Woodruff & Edwards, Inc., for the transfer of certain riverfront property. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 10, 1983 Adopted: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk Councilman Hansen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas- Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Wagers and Mayor Verbic. Nays: None. 21 22 VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KANE COUNTY FOR SNOW AND ICE CONTROL ON BIG TIMBER ROAD BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an agreement with Kane County for snow and ice control on Big Timber Road, ,a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 10, 1983 Adopted: January 10, 1983 Vote; Yeas 6 Nays 0 Recorded: Attest: Lk t s/ Marie Yearrirhn Marie Yearman, City Clerk ORDINANCE PASSED ES Councilman Hansen made a motion, seconded by Councilman Castillo to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Waters and Mayor Verbic. .Nays: Councilman Schmidt. VOLUME XLVIII Ordinance No, G3 -83 AN ORDINANCE ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 1983 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 1983 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 1983 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 $290.00 $155;00 plus course fee $120.00 plus,course fee Adult (age: 16 and over) $155;00 Senior (62 years and over) $ 90.00 plus course fee Youth (high school student $ 60.00 plus course fee or age 1S and under) 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 18 Holes 9 Holes Twilight Adult (week days) $ 7.00 $ 4.25 $ 4.25 Youth $ Senior (week days) $ 6,00 $ 3,25 Adult, Youth and Senior (Sat., Sun., Holidays) $10.00 $ 6.50 League Rate (week days) $ 4.25 WING PARK 18 Holes 9 Holes Twilight Adult (week days) $ 4.25 Youth $ Senior (week - days) $ 5.50 $ 3.25 $ 4.25 Adult, Youth and Senior (Sat., Sun., Holidays) $ 5,50 $ 5.50 League Rate (weekdays) $ 3.50 Double Round Week Day Adult $ 6.50 Double Round Sat,, Sun,, Holidays $ 9.00 23 24 VOLUME XLVlll SCHOOL TEAM RATES School golf rate to be $300.00 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 statements 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 DISCOMS 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. Section 3. That the City shall stock and sell a lane 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. VOLUME XLVIII Section S. 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. Vbrbic, Mayor Presented: January 10, 1983 Passed: January 10, 1983 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Marie Yeahman Marie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS I1linois.Municipal League John ''s Elgin Market Gromer Super Market Elgin Electric Motor Wm. Cowan Electric School District U °46 Wilbert Meier 948 Ford Ave. Neighborhood Housing/ Phillip Johnson 159 N. Liberty St. Neighborhood Housing/ Mildred Long 458 Prospect $1,955.25 5,022.50 1,111.35 1,667.91 388.00 2,584.52 1,548.50 2,164.40 25 1983 Dues 410 employee Christmas gifts. Fruit Baskets Siren repairs Siren repairs Rental fees Residential Rebate Program. NHS Revolving Loan Fund Program. 10,621.00 NHS Revolving Loan Fund Program. Councilman Waters made a.motion, seconded by Councilman Schmidt to approve the aforementioned payments. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays, None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Reports for November and December, 1982 Transportation Operations Report for November, 1982 Public Works Report for November, 1982 Building Permit Report for November and December, 1982 Councilman Rauschenberger made a motion, seconded by Councilman Waters to place the aforementioned reports on file. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays None, 26 RECOGNIZE PERSONS PRESENT VOLUME XLVIII Mayor Verbic welcomed Boy Scout Troop Leader Ron Yohn and several members of Troop 9m ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings, ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilman Hansen to adjourn the Council Meeting. Yeas: Councilmen Castillo, Hansen, Rauschenberger,.Schmidt, Waters and Mayor Verbic® Nays: None, The meeting was adjourned at 8.40 p.m. arse Yearman, City Clerk VOLUME XLVIII January 24, 1983 27 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 24, 1983, at 8:15 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Dr. Charles C. Austin; of St. Paul's United Church of Christ and the Pledge of Allegiance was led by Councilman Hansen. ROLL CALL Roll call was answered by Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Absent: Councilman Gilliam. MINUTES OF THE 'JANUARY 5, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Schmidt to approve the January 5 1983 Council Minutes as published Yeas: Councilmen Castillo, Hansen, Rauschenberger; Schmidt,.Waters and Mayor Verbic. Nays, None. MINUTES OF THE JANUARY 10, 1983 COUNCIL MEETING PPRO ED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilman Rauschenberger to approve the January 10, 1983 Council Minutes as published. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Mayor Verbic: The Council and myself are very privileged tonight to present Certificates of Appreciation. As you all ma xy remember during the week of December 3rd through December 10, 1982, the City of Elgin in conjunction with the American Red Cross, conducted a conglomerate housing facility. The shelter was managed by an all volunteer staff of City employees and other volunteers who gave their time with no pay. This total volunteer staff under the direction of Mike Millikan took care of the.complete needs of 89 Elgin residents whose homes had been flooded and these people had to abandon their homes. want you to know that the spirit of volunteerism is alive in Elgin and I think it is only befitting that we pause this evening to honor those volunteers who gave many hours of work for this effort. VOLUME XLVIII Mayor Verbic proceeded to give Certificates of Appreciation to the following individuals- Reverend Walter Lunsford Robert L. Stark Robert.and °Melba Perry Larry Homfeldt Michael and Barbara Millikan Jim and Pat.Kennenberger Marvin Ishmael Wilma and Cindy Cash Robbie Ann Martin Terry Cox BID AWARDED FOR POLICE DEPARTMENT SAFETY SEDANS Councilman Hansen made a motion, seconded by Councilman Schmidt to award the bid for eight police squad cars to the low bidder, Schaumburg Dodge, for a total net bid price of $63,062.00. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR FIRE DEPARTMENT AMBULANCE Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for one ambulance to the low bidder, Mi -dwest Ambulance Sales, Inc., for a total net bid price of $40,979.02 Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None.. RESOLUTION ADOPTED REAPPOINTING JAMES "MUETTERTIES' AS A MEMBER OF THE ELGIN HOUSING AUTHORITY Councilman Rauschenberger made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 29 RESOLUTION REAPPOINTING JAMES MUETTERTIES AS A MEMBER OF THE ELGIN HOUSING AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James Muetterties be and is hereby reappointed as a member of the Elgin Housing Authority, for a term to expire January 1, 1988. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 24, 1983 Adopted: January 24, 1983 Vote: Yeas 6 Nays O Recorded. Attest: s/ Marie Yea�ma Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN ELECTRONIC GAME CENTER AT NORTH STREET Councilman Hansen made a motion, seconded by Councilman Rauschenberger to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: Councilman fchmidt. 30 VOLUME XLVIII Ordinance No. GS -83 AN ORDINANCE GRANTING A SPECIAL USE FOR AN ELECTRONIC GAME CENTER AT 228 NORTH STREET WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of an electronic game center at 228 North 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 is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an electronic game center at 228 North Street, Elgin, Illinois, legally described as follows: The East 66 feet of the South 109 feet of Lot 9 of P. J. Kimball Jr's. 2nd Addition in the City of Elgin, Kane County, i Illinois. l be and is hereby granted subject to the following conditions: 1. The electronic game center is to be subject to the following rules and regulations: a. No loitering is to be permitted on the premises; b. No gambling on the outcome of games is to be permitted; c. No persons under the age of 18 years are to be permitted on the premises during school hours unless accompanied by a parent or legal guardian. For the purposes of this condition school hours means between the hours of 8:00 A.M. and 3:00 P.M., Monday through Friday, from September 1 until June 15, except holidays; d. Adult supervising personnel shall be present on the premises during all hours of operation; e. Hours of operation shall be limited as follows: September 1 through June 15 Monday through Friday 11:00 A.M. - 8:30 P.M. Saturday 9:00 A.M. - 10:00 P.M. _ Sunday 1:00 P.M. - 6:00 P.M. June 16 through August 31 Monday through Saturday 10:00 P.M. - 10:00 P.M. Sunday 1:00 P.M. - 6:00 P.M. i VOLUME XLVIII 31 2. Parking lot shall be improved with a screening hedge and six (6) striped parking spaces as required by the parking lot ordinance; 3. A bicycle rack shall be installed on the premises; and 4. Compliance with all applicable statutes, codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. er ic, Mayor Presented: January 24, 1983 Passed: January 24, 1983 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Marie Ylgarman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A LEASE AGREEMENT WITH THE ELGIN CONTINENTAL LITTLE LEAGUE, INC. Councilman Waters made a motion, seconded by Councilman Castillo to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen', Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 32 RESOLUTION AUTHORIZING A LEASE AGREBENT WITH THE ELGIN CONTINENTAL LITTLE LEAGUE, INC. VOLUME XLVIRI 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 the Elgin Continental Little League, Inc, for park land, a copyof which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 24, 1983 Adopted: January 24, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH P. B. VERDICO, INC. FOR PHASE I OF ECC FOUNTAIN SQUARE CAMPUS 'PROJECT Councilman Hansen made a motion, seconded by Councilman Rauschenberger to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. Abstained: Councilman Waters. VOLUME XLVIII a RESOLUTION f.. APPROVING CHANGE ORDER NO. 4 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 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 author- ized 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 er ic, Mayor Presented: January 24, 1983 Adopted: January 24, 1983 Vote: Yeas 5 Nays 0 Abstained 1 Recorded: Attest: s/ Marie Year an Marie Yearman, City Cler RESOLUTION ADOPTED APPROVING CHANGE ORDER NO, 2 TO CONTRACT NO. _3 LIME RESIDUE DISPOSAL FACILITIES SECTION I1 - TRANSMISSION MAINS Councilman Waters made a motion, seconded by Councilman Castillo to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic Nays: None. 34 VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO, 2 T 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 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 Richard L. Verbic, Mayor Presented: January 24 1983 Adopted: January 24, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie YeaMnan.i Marie Ybarman, City Clerk RESOLUTION ADOPTED AUTHORIZING A LEASE AGREEMENT WITH AAA SINGLE PLY ROOFING SYSTEMS FOR 152-15 SOUTH GROVE AVENUE Councilman Waters made a motion, seconded by Councilman Hansen to adopt:t.he, aforementioned resolution. Yeas: Councilmen Castillo, Hansen; Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII mi RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH AAA SINGLE PLY ROOFING SYSTEMS FOR 152 -156 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 cold storage, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. er ic, Mayor Presented: January 24, 1983 Adopted: January 24, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING ACCEPTANCE OF A LICENSE AGREEMENT FROM THE,OHICAGO,AND NORTHWESTERN TRANSPORTATION COMPANY Councilman Rauschenberger made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 36 RESOLUTION AUTHORIZING ACCEPTANCE OF A LICENSE AGREEMENT FROM THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY VOLUME XLVIII 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 a license agreement from the Chicago and Northwestern Transportation Company for a license to install a 24 inch watermain under certain railroad tracks located near Slade Avenue Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s /.Riich-ard L. Verbic Richard L. Verbic, Mayor Presented: January 10, 1983 Adopted: January 10, 1983 Vote:- Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING PROPOSAL OF ACME VISIBLE RECORDS INC. FOR PHOTO IDENTIFICATION SYSTEM Councilman Castillo made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution.' Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Wagers and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION ACCEPTING PROPOSAL OF AGAE VISIBLE RECORDS, INC. FOR PHOTO IDENTIFICATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to accept the proposal of Acme Visible Records, Inc. for a photo identi- fication system for the police department, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 24 1983 Adopted: January 24, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year n Marie Yearman, "City Clerk RESOLUTION ADOPTED ESTABLISHING FEES FOR THE, USE OF THE,HEMMENS EMORIAL BUILDING Councilman Hansen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 37 38 VOLUME XLVTII RESOLUTION ESTABLISHING FEES FOR THE USE OF THE H94 ENS MEMORIAL BUILDING WHEREAS, the Hemmens Building Advisory Committee of the City of Elgin has recommended that the fees and charges heretofore established for the use of the Hemmens Memorial Building be revised; and WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the Hemmens Building Advisory Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That from and after January 24, 1983 fees and charges for the use of the Hemmens Memorial Building shall be in accordance with the following schedule: I. Auditorium Base rental for actual performance shall be $240.00 for three hours minimum and $40.00 per hour for each additional hour contracted for plus equipment fees and labor.- Any time beyond basic rental time contracted for, shall be charged at the rate of $75.00 per hour or any part thereof. Per- formance time shall include set changes, intermission(s) and curtain calls. The Auditorium Director shall make the final determination as to the time of a performance in the case of a disagreement. Included in base rental charge shall be: lobby, ticket booths, coat rooms, rest rooms, two dressing rooms, two meeting rooms, and custodial services.after the event.. A second performance in the same day shall be $85.00 with all of the above conditions applying. II. Exhibit Hall Base rental shall be $240.00 for six hours minimum, and $40.00 per hour for each additional hour plus equipment fees, (see equipment schedule). Base rental for half of hall shall be 50% of basic rental. Any time beyond base rental will be $75.00 per hour. Personnel working the event will be addi- tional. Base rental shall include lower coat rooms, rest rooms, and sound system. This also includes custodial services after the event. III. Rehearsal Room Base rental shall be $10.00 per hour plus equipment fees, if applicable. Base rental shall include custodial services, after theteventi xv shdil'rbe :,diminimum of three hours. IV. Meeting Room Base rental shall be $7.50 per hour plus equipment fees, if applicable. Base rental shall include custodial services. after:theevent. There shall be a minimum rental of three hours. V. Entire Building Rates for the rental of the entire building shall be $450.00 in six (6) hour blocks plus equipment fees and labor. Any time beyond base rental will be $75.00 per hour. VI. Rehearsal and Move- In/Out Charge Non - performance use of the Auditorium and /or Exhibit Hall such as moving -in /out, set -ups, or rehearsals will be at the rate of $17.00 per hour plus service and equipment fees incurred. If several performances or shows are given by the same lessee on consecutive days, the move- in/out charge of $17.00 per hour shall apply only to the initial move -in and the final move -out after the final performance or show. Any other labor charges incurred during the consecutive days on which performances or shows are held, shall be charged at the current labor rate. VII. Discounts Local /Non - Profit: A thirty -five (35) percent discount off the base rental and rehearsal or move -in /out charge for the auditorium and exhibition hall will be allowed to organi- zations evidencing compliance with the below standards: 1. The sponsoring organization must have resided within `. the corporate limits of the City of Elgin for at least six (6) months prior to the time of booking. 2. The sponsoring organization shall be incorporated in the State of Illinois as a not- for - profit corporation. Proceeds over and above the normal costs of operating said corporation shall be used for the general, social, health, cultural, educational, or recreational welfare of the citizens of Elgin. Included in the above defini- tion may be clubs, religious; charitable, civic, govern- mental and fraternal organizations. The above schedule is further supplemented by a list of equipment, service and feature charges. Estimates for special service require- ments, stage labor costs and production needs will be forwarded upon request. 4o VIII VOLUME XLVIII Charges for Equipment, Services and Special Building Features 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Accoustical Shells Chairs, Metal Folding Microphones (one included Mirror Shower Motion Picture Screen Music Stands Orchestra Pit Piano, Concert Grand Piano, Currier Piano, Upright (Storey Piano, Tuning Podium Projector, 16mm Sound Projector, slide Risers, Band Risers, Choral Spotlight Trouper Strobelight Tables, folding with reantal) $ Clark) Tables, folding (for rental purposes) Tape Recorder Recording Tapes Light Gels Industrial Truck Kitchen Technicians Reserve Security Regular Security American Scene Machine NOTE The above equipment rat( operator. Except where are on a per show basis. $ 2.50 $ .15 $ 6.00 $18.00 N/C N/C $25.00 $40.00 N/C $14.00 as per cost N/C $18.00 $ 5.50 $ -1.85 each $ .85 each $25.00 per use $12.00 per use $ .80 each $ 2.00 each $12.00 per use as per cost + 10% as per cost + 10% $ 3.50 per hour, no minimum $18.00 $ 7.50 per hour $10.00 per hour $14.50 per hour $17.00 s do not include the cost of the otherwise indicated, the rates Under normal use, clean up service is included in the base rental. However, at the discretion of the building manager, sponsoring organizations will be assessed for clean up service when the building is left unusually messy or dirty. s/ Richard L. Verbic Richard L. Verbic, NWor Presented: January 24, 1983 Adopted: January 24, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: �s/� Marie Yet Marie Yearman, City Clerk VOLUME XLVIII 41 MOTION TO APPROVE WATER TREATMENT PLANT CONTRACT NO. I CHANGE ORDER Councilman Hansen made a motion, seconded by Councilman Castillo to approve Change Order No. .6 for the New Water Treatment Plant. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. MOTION TO APPROVE SPRING STREET PARKING FACILITY CHANGE ORDER Councilman Rauschenberger made .a motion, seconded by Councilman Castillo to approve Change Order No. 8 for the Spring Street Parking Facility. Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS National League of Cities $2,121.00 1983 Dues Speer Financial, Inc. 2,00.00 Services /Sherman Hospital project. Victor Owen & Assoc. 3,535.00 Slide /sound presen- tation /Treatment Plant Cincinnati Time 2,485.00 Maintenance Program Marguerite Gilday 2,937.00 Residential Rebate Mark Ashner 1,755.55 Residential Rebate Councilman Waters made a motion, seconded by Councilman Hansen to approve the aforementioned payments. Yeas: Councilmen Castillo, Hanse, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Mayor Verbic: I am very happy to state that the sales tax revenue for October, which we received in January, represents a substantial increase. Now this is something that we have been looking forward to for a long period of time. We have had many months of decrease, we have had a point of stablization, but this is the first really really big increase that I have seen. I hope this is an omen of things to come, not only for our sales tax revenue, but for increased job opportunities for those who are unemployed in the City of Elgin. Hopefully this shall continue and the trend is a positive one. Councilman Waters: I did read with interest the report of the Hemmen's Advisory Board and I appreciate the initiative that they had taken, especially Mike McGrath, Marianne Nelson and Betsy Armenstad, in taking initiatives with the marketing of Hemmen's Auditorium. I think that is an encouraging note and I would like to be on record as having commended them for that initiative. 42 VOLUME XLVIII Councilman Rauschenberger made a motion, seconded by Councilman -.., Schmidt to place the following.reports on file :' Sales Tax Revenues for October, 1982 Parking Lot Revenues November 1 1981 through December 31, 1982 Hemmens Advisory Board Minutes of November '11, 1982 Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Waters made a motion, seconded by Councilman Hansen to adjourn the Council Meeting and reconvene the Committee of the Whole Meeting, Yeas: Councilmen Castillo, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None, The meeting was adjourned at 8 :45 p.m. Marie Yearman, City C er " VOLUME XLVIII February 14, 1983 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 14, 1983;- 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 Reverend LeRoy Koepke of Good Shepherd Lutheran Church and the Pledge of Allegiance was led by Councilman Rauschenberger. ROLL CALL Roll call was answered by Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Absent: Councilman Schmidt. MINUTES OF THE.JANUARY 24, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, to approve the January 24, 1983 Yeas: Councilmen Castillo, Gill Waters and Mayor Verbic. Nays: seconded by Councilman Castillo Council Minutes as published. iam, Hansen, Rauschenberger, None. BID AWARDED FOR PHASE II SEARS /ECC RENOVATIONS The proposal from the lowest bidder for the general contract work, PNL Construction Incorporation of Bloomingdale contained an error in their interpretation of the assignment fee . Their proposal included an assignment fee of .0792 %, which they have informed the staff was intended to be 7.92 %. PNL Construction requested that the city recognize their multiplier as intended or they would formally withdraw the entire proposal. 43 The staff and Burnidge, Cassell and Associates, architects for this project recommended that PNL Construction accept the contract as bid or withdraw their proposal. Councilman Rauschenberger made a motion, seconded by Councilman Hansen that the bid offered by PNL Construction be withdrawn without penalty. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger and Mayor Verbic. Nays; None. Abstained: Councilman Waters. Councilman Rauschenberger made a motion, seconded by Councilman Castillo to award the bid for the general contract work to the second lowest bidder, Irving Construction Company of DeKalb for $722,850.00. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger and Mayor Verbic. Nays: None. Abstained: Councilman Waters, Councilman Hansen made a motion, seconded by Councilman Rauschenberger to award the plumbing work to the F. J. Bero & Co., of Elgin, for 44 VOLUME XLVIII $23,590,00, Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger and Mayor Verbic. Nays; None. Abstained Councilman Waters. BID AWARDED FOR SOCCER SHIRTS - PARKS DEPT. Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for 500 soccer shirts to the low bidder, Silk Screen Creation, for a total amount of $3,006,25. Yeas, Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR POLICE DEPT. FILE FOLDERS Councilman Hansen made a motion, seconded by Councilman Rauschenberger to award the bird for 18,000 file folders to the low bidder, Wrona Brothers, Inc., for a total amount of $1,979.10. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays; None. BID AWARDED FOR GOLF CARS FOR SPARTAN MEADOWS Councilman Rauschenberger made a motion, seconded by Councilman Hansen to award the bid for four golf cars to the low bidder, Nadler Golf Car Sale Inc,, for a total amount of $7,540.00.. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR DREDGING AT SPARTAN MEADOWS Councilman Wagers made a motion, seconded by Councilman Rauschenberger to award the bid for dredging at Spartan Meadows to the low bidder, Schneider Excavating, Inc., for a total amount of $5,250.00. Yeas, Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR REPAIRS TO DEEP WELLS Councilman Hansen made a motion, seconded by Councilman Waters to award the bid for the repairs to deep wells 3A and 5A at the Airlite Street Water Treatment Plant to the low bidder, Layne - Western ` Company, for $31,938,00, plus all the necessary balling, surging, machining and materials for the repair of both wells. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. PETITION 32 -82 REQUESTING A RE Roger Dahlstrom advised the Council that the petitioner, Mr. William Owen, established a retail patio furniture business at the subject property in 1982. Because of the seasonal character of patio furniture sales, Mr. Owen now desires to establish a motor vehicle sales business with an open sales lot at the.subject property. VOLUME XLVIII 45 The Planning Department recommended approval of this Petition and the Land Use Committee recommended approval by a vote of 7 -0. Councilman Waters made a motion,-seconded by Councilman Gilliam to approve Petition 32 -82. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED_ACCEPTING PROPOSAL OF SANITARY DISTRLCT.:,DE ELG;I -N FOR WATER TESTING SERVICES Councilman Hansen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. 46 VOLUME XLVIII RESOLUTION ACCEPTING PROPOSAL OF SANITARY DISTRICT OF ELGIN FOR WATER TESTING SERVICES 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 the Sanitary District of Elgin for water testing services, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Ri ar L. Ver ac, Mayor Presented: February 14, 1983 Adopted: February 14, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING LEASE AGREEMENT WITH COMMUNITY COLLEGE DISTRICT NO, Councilman Gilliam made a motion, seconded by Councilman Castillo to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger and Mayor Verbic. Nays: None. Abstained: Councilman Waters. VOLUME XLVIII RESOLUTION AUTHORIZTNG A LEASE AGREIIKENT WITH COMMUNITY COLLEGE DISTRICT NO. 509 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 a lease agreement with Community College District No. 509 for the lease of parking spaces for students, faculty and staff attending the Fountain Square Campus of Elgin Community College, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 14, 1983 Adopted: February 14, 1983 Vote: Yeas 5 Nays 0 Abstained 1 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE CENTRAL ELGIN CORPORATION Councilman Gilliam made a motion, seconded by Councilman Waters to approve the aforementioned resolution. Yeas: Councilmen Gilliam, Rauschenberger, Waters and Mayor Verbic. Nays: Councilmen Castillo and Hansen. 47 Councilman Hansen requested that a status report reflecting the activities and financial records be furnished to the Council 48 VOLUME XLVI RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CENTRAL ELGIN CORPORATION l` WHEREAS, the Central Elgin Corporation conducts a civic program with respect to the development and improvement of trade, commerce, industry and residence within the City of Elgin and its adjacent trade area on a not- for - profit basis; and WHEREAS, the furtherance of the stated goals and purposes of the Central Elgin Corporation is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes and directs Leo Nelson, City Manager, to execute on behalf of the City of Elgin a contribution agree- ment with the Central Elgin Corporation, an Illinois not- for - profit corporation, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Echard L. Verbic, Mayor Presented: February 14, 1983 Adopted: February 14, 1983 Vote: Yeas 4 Nays 2 Recorded: Attest: s/ Marie Yea an Marie 7earman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN Councilman Gilliam made a motion, seconded by Councilman Castillo to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays- None. VOLUME XLVIII 49 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION WHEREAS,. the City of Elgin has in its employ certain personnel; and WHEREAS, said employees are and will be rendering valuable services to the City of "Elgin; and WHEREAS, the City of Elgin has considered the establishment of a Deferred Compensation Plan for the said employees made available to the City of Elgin and to said employees by the International City Management Association Retirement Corporation; and WHEREAS, said employees often are unable to acquire retirement security under other existing and available retirement plans due to the contingencies of employment mobility; and WHEREAS, the City of Elgin receives benefits under said plans by being able to assure reasonable retirement security to said employees, by being more able to attract competent personnel to its service, and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin establish said Deferred Compensation Plan for said employees and hereby authorizes Richard L. Verbic, Mayor, to execute the Deferred Compensation Plan with the International City Manage - ment Association Retirement Corporation, attached hereto as Appendix A; and BE IT FURTHER RESOLVED that Leo Nelson, City Manager, may, on behalf of the City of Elgin, execute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons participation in the Plan, an example of which appears at Appendix B, except that any Joinder Agreement for said designated official shall be executed by the Mayor. s/ Richaed L. Verbic Ri ar L. et �c, Mayor Presented: February 14, 1983 Adopted; February 14, 1983 Vote: Yeas 6 Nays 0 Recorded: At st: s/ Marie Yea an Marie Yearman, City Clerk LUTION AUTHORIZING A MENT Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. 50 RESOLUTION , AUTHORIZING A COOPERATIVE AGREEMENT WITH THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH FOR LEAD POISONING PREVENTION VOLUME'XLVIII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute on behalf of the City of Elgin a cooperative agreement with the Illinois Department of Public Health for the administration of a lead control program, a copy of which is attached hereto and made a part hereof by reference: s1 Richard L. Verbic Richard L. Verbic, Mayor Presented: February 14 1983 Adopted: February lk 1983 Vote: - Yeas 6 Nays O Recorded Attest: Marie Yea an Marie Yearman, City Clerk Councilman Hansen made a motion, seconded by Councilman Waters to direct the staff to make application to Kane County for funds to assist in making baseball diamonds available on land leased from Kane County for this purpose. Yeas: Councilmen Cas- tillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS 51 Layne- Western Co. $18,290.19 Wells repairs - Slade Avenue United,Diesel Service 1,659.49 Sanitation Truck Repairs U.S. Conference of Mayors 1,725.00 1983 Dues Jack Aiello 1,987.00 Residential Rebate Program 900 Lavoie Margaret Kelley 1,854.30 Residential Rebate Program 60 S. Aldine Councilman Gilliam made a motion, seconded by Councilman Castillo to approve the aforementioned payments. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Public Property and Recreation Board Minutes, January 25, 1983 Public Works Monthly Report for December, 1982 Water Department Accounts Receivable for January, 1983 Monthly Building Permit Report for January, 1983 Parking Lot Revenues for February 1, 1982 through January 31, 1983 Budget Summary Councilman Hansen noted the increase In past due water bills and requested that staff be directed to see if something could be done to improve this situation. Councilman Waters noted an increase in building permits and hoped this would continue throughout the year. Councilman Gilliam made a motion, seconded by Councilman Castillo to place the aforementioned reports on file. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Mayor Verbic introduced Kristen Jentsch and Elizabeth Cassell, students from Kimball Middle School, who attended the Council Meeting as part of a school project. Bob Edwards appeared before the Council and thanked them and the staff for their cooperation and assistance in obtaining the site for the Continental Little League Baseball Team. Mr. Louie Stowe] representing Curley's 24 Hour Towing Service appeared before the Council and stated that this firm has been licensed by the State of Illinois for safety lane testing of vehicles. Mr. Stowe] requested that his firm be given consideration for the testing of city vehicles. Mayor Verbic suggested that Mr. Stowel talk to Mike Sarro because if he had the facilities he was sure the city could consider using same. 52 VOLUME XLVIII ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Castillo to adjourn the Council Meeting. Yeas: Councilmen Castillo, Gilliam, Hansen„ Rausc.henberger, Waters_:and.Mayor Verbic, Nays: None. The meeting was adjourned at 9:05 pm. Marie Yearman, City Clerk VOLUME XLVIII February 28, 1983 53 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 28, 1983, 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 Councilman Castillo. ROLL CALL Roll call was answered by Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Absent: Councilman Waters. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE FEBRUARY 14, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilman Rauschenberger to approve the February 14, 1983 Council Minutes as published. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. COMMUNICATIONS LTS OF THE PRIMARY WHEREAS, a primary election for the nomination.of candidates for the offices of Mayor and three Councilmen to be elected at large of and for the City of Elgin, Kane and Cook Counties, Illinois, was held on the last Tuesday of February, 1983, being February 22, 1983; and WHEREAS, the election authorities of Kane and Cook Counties transmitted a tally sheet or certificate of results for each precinct in the City of Elgin; and WHEREAS, the Election Code of the State of Illinois provides that a canvassing board composed of the Mayor, City Attorney and City Clerk shall open and canvass the precinct returns, proclaim the results of the primary election and file its proclamation certificate with the appropriate election authorities; and WHEREAS, the canvassing board of the City of Elgin has canvassed the precinct returns as required by the Election Code of the State of Illinois. 54 VOLUME XLVIII NOW, THEREFORE, it is hereby proclaimed by the canvassing -- board of the City of Elgin that the following number of votes was cast for each candidate for the office of Mayor and Councilman for the City of Elgin: IT IS HEREBY PROCLAIMED that the following persons have been nominated for the office of Mayor, one of whom are to be elected at large at the regular election for Mayor and Councilman for the City of Elgin to be held on the second Tuesday of April, 1983: Richard L. Verbic Robert Gilliam IT IS HEREBY PROCLAIMED that the following persons have been nominated for the office of Councilman, three of whom are to be elected at large at the regular election for Mayor and Councilman for the City of Elgin to be held on the second Tuesday of April, 1983- Marlene Shales Don Waters Edgar A. "Pete" Andersen James C. Hallock William R. "Bill" Werst, Jr. J. Robert (Bob) Edwards This is to certify that the foregoing proclamation of results of the primary election for the office of Mayor and Councilmen for the City of Elgin is true and correct. Given under our hands this 25th day of February, 1983. s/ Richard L. Verbic mayor �. S/ Erwin Jentsch City Attorney s/ Marie Yearman City Cler Kane Cook County County Total Richard L. Verbic 4-0-4T— Robert Gilliam 2501 305 2806 Marlene Shales 2880 322 3202 Don Waters 2771 296 3017 Edgar A. "Pete" Andersen 2478 293 2771 James C. Hallock 2306 238 2544 William R. "Bill" Werst, Jr. 2024 246 2270 J. Robert (Bob) Edwards 1679 172 1851 Ron Beckmann 1186 137 1323 Alan J. Coulson 1186 132 1318 Bettie D. Alexander 827 125 952 Timothy J. Johnson 642 101 743 Teresa Ann Peters 520 75 595 IT IS HEREBY PROCLAIMED that the following persons have been nominated for the office of Mayor, one of whom are to be elected at large at the regular election for Mayor and Councilman for the City of Elgin to be held on the second Tuesday of April, 1983: Richard L. Verbic Robert Gilliam IT IS HEREBY PROCLAIMED that the following persons have been nominated for the office of Councilman, three of whom are to be elected at large at the regular election for Mayor and Councilman for the City of Elgin to be held on the second Tuesday of April, 1983- Marlene Shales Don Waters Edgar A. "Pete" Andersen James C. Hallock William R. "Bill" Werst, Jr. J. Robert (Bob) Edwards This is to certify that the foregoing proclamation of results of the primary election for the office of Mayor and Councilmen for the City of Elgin is true and correct. Given under our hands this 25th day of February, 1983. s/ Richard L. Verbic mayor �. S/ Erwin Jentsch City Attorney s/ Marie Yearman City Cler VOLUME XLVIII 55 PUBLIC HEARING DATE SET ON ELGIN'S PROPOSED COMPREHENSIVE PLAN Councilman Rauschenberger made a motion, seconded by Councilman Castillo to set March 16, 1983, at 7.00 p.m., as the Public Hearing date for the proposed Comprehensive Plan. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. BID AWARDED FOR STOCK PAPER Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid for stock paper to the low bidder, Elgin Paper Company, for a total net bid price of $3,041.92. Yeas: Council- men Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. BID AWARDED FOR PRINTING THE RECREATION NEWSLETTER Councilman Gilliam made a motion, seconded by Councilman Castillo to award the bid for printing the Recreation Newsletter to the low bidder, Free -Press Inc., for a total price of $3,050.00. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. ORDINANCE PASSED RECLASSIFYING PROPERTY AT A°;9 \ /II I A 2TRrFT rDr}M R_2 ¢rD \Iirr Councilman Gilliam made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. 56 VOLUME XLVIII Ordinance No. GS -83 AN ORDINANCE RECLASSIFYING PROPERTY AT 932 VILLA 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 932 Villa 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 Conmiittee 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: The Easterly 210 feet (measured. on Villa Street), the Westerly line of the premises herein described to be parallel to the Easterly line of the following described premises, to -wit: That part of Lot 9 of County Clerk's Division of unsubdivided lands in Section 19, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Northeast Comer of the Northwest quarter of said Section 19 (being also the Northeast corner of said Lot 9) thence South 15. minutes East 1345 feet; thence South 36 degrees 5 minutes West 732 feet to the North line of Villa Street; thence North 53 degrees 55 minutes West along the Northerly line of Villa Street, 133.4 feet to the place of beginning; thence continuing along said last described line 423.6 feet to the center of creek; thence following the center of said creek North 44 degrees 5 minutes East 143 feet; thence continuing along the center of said creek North 67 degrees 35 minutes East 85 feet; thence South 70 degrees 55 minutes East along center of said creek 419.7 feet more or less to a point of intersection with a line extending North 36 degrees 5 minutes East from the place of beginning; thence Southerly 36 degrees 5 minutes West to the place of beginning, in the City of Elgin, Cook County, Illinois." VOLUME XLVIII 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: February 28, 1983 Passed: February 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTH 9 emeter 57 Councilman Rauschenberger made a motion, seconded by Councilman Castillo to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None, 58 VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF SANITARY SEWER EASEMENTS (Gifford Road /Bluff City Cemetery) 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 construction, 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 RicharU Lm Ver ic, Mayor Presented: February 28, 1983 Adopted: February 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: ( �i s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED IN LIEU OF SURETY BOND FOR WORK DONE INSTATE OF ILLINOIS RIGHTS OF WAY Councilman Rauschenberger made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. VOLUME XLVIII a 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 1983, 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 installa- tions 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 provision 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. Ver5ic, My-or Presented: February 28, 1983 Adopted: February 2$, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STETSON POOLS, INC. Councilman Schmidt made a motion, seconded by Councilman Castillo to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic, Nays: None. No, RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STETSON POOLS,_ INC._ VOLUME XLVIII BE IT RESOLVED BY THE CITY COUNCIL OF TBE 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 Stetson Pools, Inc. for the management of Wing Park and Lords Park Pools, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic !=Y !=YU L. Verbic, Mayor Presented: February 28, 1983 Adopted: February 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year• n Marie Yearman, City Cler . RESOLUTION ADOPTED ACCEPTING THE PROPOSALS OF SOIL AND MATERIAL CONSULTANTS INC. Councilman Rauschenberger made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. .Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verblc. Nays None, VOLUME XLVIil 61 RESOLUTION ACCEPTING THE PROPOSALS OF SOIL AND MATERIAL CONSULTANTS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to accept the proposals of Soil and Material Consultants, Inc. for material testing of the Big Timber and National Street Commuter Parking Lots, copies of which are attached hereto and made a part hereof by reference. s/ Richard L. Verb,kc Richard er ic, Mayor Presented: February 28 1983 Adopted: February 2�, 1983 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING MANAGEMENT GROUP BENEFIT PROGRAM Councilman Rauschenberger made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger,.Schmidt and Mayor Verbic, Nays: None., 62 VOLUME Mill Ordinance No. G7 -83 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 4 of Ordinance G69 -82, passed December 22, 1982, authorizing the City Manager to prepare the appropriate benefit schedule, is hereby renumbered as Section 5 and a new Section 4 inserted to read as follows: "Section 4. That the Police Management positions of Police Chief under Section 1; Deputy Police Chief, Police Captain and Police Lieutenant II under Section 2; and Police Lieutenant I under Section 3, shall be covered by a revised sick leave program as follows: (1) Effective March 1, 1983 said employees shall receive full pay for the first five (5) eligible sick leave occurrences in the balance of the 1983 payroll year. (2) Said employee shall not be paid for the first (1st) day of a sixth (6th) or any other subse- quent sick leave occurrence in the 1983 payroll year. (3) For the purpose of definition, sick leave used for bereavement or on- the -job injuries shall not be charged as an occurrence. (4) Said employees shall have established a $150 sick leave occurrence bank for the balance of the 1983 payroll year. For each occurrence on or after March 1, 1983 of chargeable sick leave, $30.00 shall be deducted from the employee's individual bank. (5) Employees on the payroll at the end of the 1983 payroll year shall receive a voucher pay- ment equal to the balance remaining in their individual occurrence bank." Section 2. That Section 5 of Ordinance G69 -82, passed December 22, 1982 repealing all ordinances in conflict is hereby renumbered as Section 6. Section 3. That Section 6 of Ordinance G69 -82, passed December 22, 1982 is hereby amended and renumbered as Section 7 to read as follows: VOLUME XLVIII "Section 7. That this ordinance shall be in full force and effect as of February 28, 1983." s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 28, 1983 Paysed: February 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: to c� > tr-a s/ Marie Yean M arie Yearman, City Clerk 63 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Dealers Transmission Repairs to sanitation Exchange $1,563.03 truck ##285. Petra Rodriquez 418 Mill St.. $2,244.00 Residential Rebate Program David Baglayan, Jr. 61 Second St. $2,049.99 Residential Rebate Program Councilman Rauschenberger made a motion, seconded by Councilman Hansen to approve the above payments. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Transportation Operations Report for December, 1982 and January, 1983 Cemetery Report for December, 1982 and January, 1983 Budget Summary dated February 9, 1983 Councilman Rauschenberger made a motion, seconded by Councilman Schmidt to place the above reports on file. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. 64 VOLUME XLVI11 ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilman Rauschenberger to adjourn the Council meeting and return to the Commi'tte'e of the Whole. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None, The meeting was adjourned at 8:30 p.m, Marie Yearman, City Clerk VOLUME XLVI11 March 14, x1983 65 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 14, 1983, 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 Hansen and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call' was answered by Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Absent; None. Also present: Nelson, Yearman, Jentsch and members of staff.` MINUTES OF THE FEBRUARY 28,.1983 COUNCIL MEETING APPROVED As PUBLISHED Councilman Hansen made a motion, seconded by Councilman Rauschenberger to approve the February 28, 1983 Council Minutes as published. Yeasa Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmi -dt, and Mayor Verbic. Nays, None. Abstained: Councilman Waters. RESOLUTION ADOPTED FOR RECOGNITION OF WILLIAM A. HOFFER Mayor Verbic read and presented to William A. Hoffer the following resolution: Whereas, William A. Hoffer, a resident of the City of Elgin, is an outstanding golfer; and Whereas, William A. Hoffer was Elgin City Junior Golf Champion in 1964 and City Champion in 1968 and Illinois State Amateur Champion in 1969; and Whereas, while attending Purdue University in 1971 William A. Hoffer was selected first team All American in golf; and Whereas, William A. Hoffer qualified for the United States Amateur Championships in 1976 and 1977; and Whereas, William A. Hoffer was Club Champion of the Elgin Country Club in 1980 and 1982 and holds the course record of sixty -four thereon; and Whereas, William A. Hoffer won the 1982 United States Golf Association National Mid- Amateur Championship; and Whereas, William A. Hoffer has been selected as a member of the 1983 United States Walker Cup Team and will soon be competing in a tournament to be held in England for the prestigious Walker Cup„ 66 VOLUME XLVIII NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby commends and congratulates William A. Hoffer on his selection to the United States Walker Cup Team. The City of Elgin hereby recognizes Mr. Hoffer's record of outstanding achievements in amateur golf. s/ Richard L. Verbic Mayor Attest: s /Marie Yearman City Clerk Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic., Nays: None. CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING TO THE CITY OF ELGIN Mayor Verbic presented to James Bolerjack, City of Elgin Finance Director and David Jepson, Deputy Finance Director, a plaque inscribed with a.Certificate of Conformance In Financial Reporting presented to the City of Elgin for its Comprehensive Annual Financial Report for the fiscal year ending December 31, 1981, by the Municipal Financial officers Association of the United States and Canada. BID AWARDED FOR AIRLITE STREET WATER TREATMENT PLANT IMPROVEMENTS Councilman Gilliam made a motion., seconded by Councilman Waters to award the,bid for the Airlite Street Water Treatment Plant Improvements to the low bidder, Seagren Shales, Inc., in the amount of $757,000. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ADMINISTRATIVE SEDANS Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid for 1 administrative sedan and 1 station wagon for the Police Detective Bureau and 1 administrative sedan for the City Manager, -to the low bidder, Biggers Chevrolet Inc., for a total amount of $23,778.48. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI11 bill BID AWARDED FOR CEMETERY DUMP TRUCK Councilman Hansen made a motion, seconded by Councilman Schmidt to award the bid for 1 dump truck to the low bidder, Northwest Ford Truck Center, for a total amount of $12,545.00. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TURF MAINTENANCE E UIPMENT Councilman Rauschenberger made a motion, seconded by Councilman Gilliam to award the bids for turf maintenance equipment to the respective low bidders, subject to receipt of one year money back guarantee offered by Spraying Devices. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt Waters and Mayor Verbic. Nays: None ORDINANCE PASSED AMENDING CHAPTER. TO PERMIT FOUR HOUR PARKING AT CERTAIN MUNICIPAL LOT Councilman Waters made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None. -68 VOLUME XLVIII. Ordinance No. G8 -83 AN ORDINANCE AMENDING CHAPTER 11.44 TO PERMIT FOUR HOUR PARKING AT CERTAIN MUNICIPAL LOT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the two hour parking zone under Section 11.44.120 the following: Municipal Parking Lot on South Grove Avenue at Fulton Street and Prairie Street; Section 2. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding the following: "11.44.125 Four -Hour Parking Zones A. The following streets and areas shall be four hour parking zones: Municipal Parking Lot on South Grove Avenue at Fulton Street and Prairie Street. B. The maximum legal parking in the above described parking zones shall be limited to a period not to exceed four hours - C. The deposit of ten cents shall entitle the person parking his car in the above described parking zones to legally park.£or a period of one hour." 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. Presented: March 14, 1983 Passed: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Published: A-t st: e s/ /`Marie Y rman Marie Yearman, City Cler s/ Richard L. Verbic Richar-d L. Verbic, yor E PASSED AMENDING CHAPTER 11,36 TO t Idh UMID DAD VI kite nni n'I" nr nnevr - Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance Y as• Council Cas it o Gilliam Hansen, Rasuschenberger, Schmlcr1t, Waters anPF(a yor e rba�. Nays: done, VOLUME XLVIII Ordinance No. G9 -83 AN ORDINANCE AMENDING CHAPTER 11.36 TO PERMIT TWO HOUR PARKING ON RIVERSIDE DRIVE BE IT ORDAINED BY THE CITY COUNCIL OF THE CIrf OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the one hour parking zone under Section 11.36.083 the following: Municipal Parking Lot on Riverside Deck on Riverside Drive. Section 2. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the two hour parking zone under Section 11.36.084, the following: Municipal Parking Lot on Riverside Deck on Riverside Drive. 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 RicharU L. Verbic, Mayor Presented: March 14, 1983 Passed: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: �Ca.3�sv s/ Marie Yea man Marie 75arman, City Clerk ORDINANCE PASSED VACATING A PORTION OF CLIFFORD AVENUE Councilman Hansen made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None, 70 VOLUME XLVIII Ordinance No. Sl -83 AN ORDINANCE VACATING A PORTION OF CLIFFORD AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That it is in the public interest that a portion of Clifford Avenue in the City of Elgin, described as follows: That part of Clifford Avenue as platted in Sadler's Addi- tion to Elgin, being a subdivision of part of the North half of Section 11, Township 41 North, Range 8 East of the Third Principal Meridian. Being a 66 foot wide strip of land lying Southerly of the Southerly line extended of Frazier Avenue and lying Northerly of the Southerly line of said Sadler's Addition to Elgin being also the Southerly lines and Southerly lines extended of Blocks 18 and 19 in said Sadler's Addition to Elgin. Being situated in the City of Elgin, Kane County, Illinois'. be and the same is hereby vacated for street purposes. Section 2. That the City of Elgin does hereby reserve for itself and for any and all public utility companies owning any public service facilities in any part of said street vacated by this ordinance full right of ingress and egress through said street for the purpose of con- tinuing or extending public service facilities and for the further purpose of maintenance, renewal, extension or construction or reconstruction of any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of the public street vacated be filed with the Recorder of Deeds, Kane County,.Illinois. Section 4. That this ordinance shall be effective from and after its passage in the manner provided by law. s/ Richard L. Verbic ar L. er ac, Mayor Presented: March 14, 1983 Passed: March 14, 1983 Voter Yeas 7 Nays O Recorded: Published: At est: sMari0.�e Yeaan Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilman to pass the aforementioned ordinance, Yeas: Councilmen Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic< f Rauschenberger Castillo, Gilliam, Nays: None, VOLUME XLVIII 71 Ordinance No. G10 -83 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No; G23 -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 and to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended," as amended April 18, 1982, is hereby amended as follows: A. That a position titled "Code Enforcement Officer II" be and is hereby added to range 34S. B. That the positions titled "Building Inspector," "Electrical Inspector" and "Plumbing Inspector" are hereby deleted from range 30S. C. That the position titled "Code Enforcement Officer I" be and is hereby added to range 30S. Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Presented: March 14, 1983 Passed: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Published: uAttest: s/ Marie Yuman Marie Yearman, City Clerk s/ Richard L. Verbic Richard er 1c, Mayor ADOPTED ACCEPTING THE PR Councilman Rauschenberger made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 72 VOLUME XLVIII RESOLUTION ACCEPTING THE PROPOSAL OF BURNIDGE AND WESTPhAL, INC. FOR SURVEY OF THE TYLER CREEK DETENTION FACILITY 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 Burnidge and Westphal, Inc. for survey of the Tyler Creek Detention Facility, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 14, 1983 Adopted: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearinan, City Clerk RESOLUTION ADOPTED ACCEPTING EASEMENTS FOR SANITARY SEWER PURPOSES (Larksn Avenue, etween Ly —e-a—n-d A i r I i t e Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Castillo Gilliam, Hansen, Rasuchenberger, Schmidt, Waters and Mayor Verbic, Nays: None. VOLUME XLVIII 73. RESOLUTION ACCEPTING EASEMENTS FOR SANITARY SEWER PURPOSES (Larkin Avenue, between Lyle Avenue and Airlite Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts easements for sanitary sewer purposes from Raymond W. Young for the construction, repair, replacement, operation and maintenance of a sanitary sewer along Larkin Avenue, between Lyle Avenue and Airlite Street, a copy of which is attached hereto as Exhibit A., BE IT FURTHER RESOLVED that the City Council is hereby authorized and directed to cause the grant of easements hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbi "c Echard L. Verbic, Mayor Presented March 14, 1983 Adopted: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Y arrfdan Marie Yearman, City Cler RESOLUTION ADOPTED ACCEPTING EASEMENTS FOR SANITARY SEWER PURPOSES (Larkin Avenue, between Ly e an Airlite) Councilman Waters made a motion, seconded by Councilman Gilliam 'to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None. 74 RESOLUTION ACCEPTING EASEMENTS FOR SANITARY (Larkin Avenue, between Lyle Avenue VOLUME XLVIII SEWER PURPOSES and Airlite Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts easements for sanitary sewer purposes from The Union National Bank & Trust Co., as Trustee U /W /A dated November 27, 1968 and known as Trust No. 611 for the construction, repair, replace- ment, operation and maintenance of a sanitary sewer along Larkin Avenue, between Lyle Avenue and Airlite Street, a copy of which is attached hereto as Exhibit A. - BE IT FURTHER RESOLVED that the City Council is hereby authorized and directed to cause the grant of easements hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbic RicharU L. Verbic,_ ayor Presented: March 14, 1983 Adopted: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man rie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING EASEMENTS FOR SANITARY SEWER PURPOSES (Larkin Avenue, etween Ly e an AIrIIte) Councilman Rauschenberger made a motion, seconded by Councilman Schmidt;to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 7:5 RESOLUTION ACCEPTING EASEMENTS FOR SANITARY SEWER PURPOSES (Larkin Avenue, between Lyle Avenue and Airlite Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts easements for sanitary sewer purposes from John and Stella Paul for the construction, repair, replacement, operation and maintenance of a sanitary sewer along Larkin Avenue, between Lyle Avenue and Airlite Street;, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council is hereby authorized and directed to cause the grant of easements hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbic Richard er ic, Mayor Presented: March 14 1983 Adopted: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year�3an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING EASEMENTS FOR SANITARY SEWER PURPOSES (Larkin Avenue, between Lyle an Airlite) Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 76 VOLUME XLVIII RESOLUTION ACCEPTING EASEMENTS FOR SANITARY SEWER PURPOSES (Larkin Avenue, between Lyle Avenue and Airlite Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts easements for sanitary sewer purposes from The Union National Bank $ Trust Co., as Trustee, under W /T /A dated August 18, 1978, and known as Trust No. 1102 for the construction, repair, replace- ment, operation and maintenance of a sanitary sewer along Larkin Avenue, between Lyle Avenue and Airlite Street, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council is hereby authorized and directed to cause the grant of easements hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. S/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: March 14, 1983 Adopted: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ MarieAYear an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZI Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution.. Yeas: Councilmen Castillo, Gilliam; Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None. r VOLUME XLVIII . . : 77 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 er gc, Mayor Presented: March 14, 1983 Adopted: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded:_ Attest: s/ Marie Ye man Marie Yearman,'City Clerk ACCEPTANCE OF PROPOSAL FROM MOTOROLA. INC Councilman Gilliam made a motion, seconded by Councilman Castillo to award the 1983 radio equipment contract to:Motorola, Inc,, for a negotiated amount of $6,643.00, Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mavor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS United Diesel Service $1,987.77 Bus #8085 repairs General Motors $4,575.63 Misc. Bus parts for stock Globe Ticket Co. $1,557.69 Bus transfer tickets Blackstreet Puppet Theatre $1,540.00 Human Relations Commission Misc, Services. Dance Fashions, Inc. $1,906.60 Costumes for Mother's Day Recital. Technical Systems, Inc. $1,811.30 Hemmens floor repairs Fox Valley Fire & Safety $2,203.00 Alarm system for Finance Computer room. Councilman Gilliam made a motion, seconded by Councilman Rauschenberger to approve the aforementioned payments. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. 78 I VOLUME XLVIII REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for December, 1982 Parking Lot Revenues 3/1/82 through 2/28/83 City Traffic Committee Minutes 2/18/83 Public Works Report for January, 1983 Building Permit Report for February, 1983 Public Property and Recreation Board Minutes 2/22/83 Councilman Gilliam made a motion, seconded by Councilman Hansen to place the above reports on file. Yeas; Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None. RECOGNIZE PERSONS PRESENT Councilman Rauschenberger commended the Fire Department for their efforts and efficiency in putting the fire out at the Rauschenberger Furniture Store. 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 return to the Committee of the Whole Meeting. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None. The meeting was adjourned at 8: 45 p.m. Marie Yearman City C er VOLUME XLVII -I March 28, 1983 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of was held on.March 28, 1983, at 8:10 of City Hall. The meeting was calle Rauschenberger. The Invocation was Balzer of the Good Shepherd Lutheran Allegiance was led by Councilman Gil ROLL CALL 79 the City of Elgin, Illinois; p.m., in the Council Chambers d to order by Councilman given by Reverend Martin Church and the Pledge of Liam. Roll call was answered by Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Waters, Absent: -Mayor Verbic. APPOINTMENT OF MAYOR PRO TEM Councilman Gilliam made a motion, seconded by Councilman Schmidt to appoint Councilman Rauschenberger Mayor Pro Tem. Yeas: Councilmen Castillo_, Gilliam, Hansen, Schmidt and Waters. Nays: None. Abstained Councilman: Rauschenberger. MINUTES OF THE'MARCH.14, 1983 COUNCIL MEETING APPROVED AS PUBISHED i Councilman Waters made a motion, seconded by Councilman Hansen to approve the March 14, 1983 Council Minutes as published. Yeas: Councilmen Castillo, Gilliam,, Hansen, Schmidt, Waters and Mayor Pro.Tem Rauschenberger. Nays: None. COMMUNICATIONS Councilman Waters introduced his sister- in- law,.Mrs. Wilma Waters, his neice, Twyla Waters, who reside in Wanamaker, Indiana, ands german exchange student, Ulrike Wessling, who is staying with the Waters'.family. BID AWARDED FOR POOL CONCESSIONS Councilman Hansen made a motion, seconded by Councilman Castillo to award the pool concessions to the sole bidder, Circus Fun Foods, at a commission rate of 9% for 1983 and 10% for 1984. The commission rate is based upon gross receipts, less sales tax. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None. BID AWARDED FOR TWO POLICE VANS Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for two police vans to the low bidder, Biggers Chevrolet Inc., for a total net bid price of $13,466.00. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger, Nays: None. E BID AWARDED FOR TURF MAINTENANCE SUPPLIES VOLUME XLVIII Councilman Hansen made a motion, seconded by Councilman Gilliam - to award the; bid for turf maintenance supplies to the low bidder Schuh•Inc ®,. for :a total price of $6,240,00. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger, Nays: None, BID AWARDED FOR SOFTBALL SUPPLIES Councilman Gilliam made a motion, seconded by Councilman Waters to award the bid for softball supplies to the following low bidders`: Softbalas and pitching rubbers to Hayden's Sport Center for $3,06:.4.50; softballs to Al Randall's Team Goods for $585600, and base straps to Ned Singer Sport Supply for $15800® Yeas: Councilmen Castillo, Gilliam,_ Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger, Nays: None, Roger Dahlstrom, Acting Planning Director, advised the Council a petition has been filed by Mr. Victor Me LaPorte that requests an amendment to the zoning ordinance by adding "day care centers" to the special use lists of the Office, Bu'sin'ess and Manufacturing Districts, Day care centers are an appropriate accessory -type of use to business: -and manufacturing areas, providing convenient child care services within employment centers. However, because business and manufacturing districts are for "business and manufacturing ", because day care centers may have an unusual impact on nearby business or manufacturing uses, and because a nearby business or manufacturing use may have an unsafe impact on a day care center day care centers should be subject to individual review through the special use designation. The Planning Department recommends the approval of this petition and the Planning.Committee recommended the approval by a vote of 6 -o,, Councilman Gilliam made a motion, seconded by Councilman Waters to approve Petition 2 -83P - Yeas; Councilmen Castillo, Hansen, Waters and Mayor Pro Tem Rauschenberger® Nays: Councilman Schmidt VOLUME XLVIII $1 PETITION 3- 83.REQUESTING AN AMENDMENT TO CHAPTER OF THE MUNICIPAL CODE BY ADDING "MACHINE SHDPS, LIMITED JOBBING AND REPAIR` TO THE B-4 GENERAL DISTRICT PERMITTED USE LIST - APPROVED Roger Dahlstrom advised the Council that a petition was filed by Mr. Stephen L. Mato requesting an amendment to the zoning ordinance by adding "machine shop, limited to jobbing and repair" to the B -4 permitted use list. Presently machine shops are permitted only within the manufacturing districts. The addition of "machine shops, limited to jobbing and repair" to the B -4 permitted use list is appropriate for the `B -4 General Service District, as well as, consistent with the proposed comprehensive plan, The Planning Department recommends approval of Petition 3 -83 and the Planning Committee recommended approval by a vote of 5 -1. Councilman Gilliam made a motion, seconded by Councilman Castillo to approve Petition 3 -83. Yeas: Councilmen Castillo, Gilliam, Hansen, Waters and Mayor Pro Tem Rauschenberger. Nays: Councilman Schmidt. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADVENTURES UNLIMITED,.INC. Councilman Hansen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None. RE VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADVENTURES UNLIMITED, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement with Adventures Unlimited, Inc. for the operation of its classes:and programs, a copy of which is, attached hereto and made a part hereof by reference; s1 William Rauschenberqer - Mayor Pro Tem Presented: March 28 1983 Adopted: March 2i , 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye'Arman Marie Yearman, City -Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE MID - AMERICA CHAPTER OF THE AMERICAN NATIONAL RED CROSS Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution, Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nayso None. VOLUME XLVIII RE RESOLUTION AUTHORIZING EXECUTION OF AN AGREIIVIENT WITH THE MID - AMERICA CHAPTER OF THE AMERICAN NATIONAL RED CROSS 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 Mid - America Chapter of the American National Red Cross for disaster services, a copy of which is attached hereto and made a part hereof by reference. s/ William Rauschen_berger Mayor Pro Tem� Presented: March 28, 1983 Adopted: March 28, 1983 Vote: Yeas 6 Nays 0 Recorded: ,iAttest: s/ Marie Merman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None, 84 VOLUME XLVIII RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND CCMIMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Lloyd Salwolke be and is hereby appointed as a member of the Board of Examiners of Stationary Engineers, for a term to expire on May 1, 1987, BE IT FURTHER RESOLVED that Margaret Zawadzki be and is hereby appointed as a member of the Human Relations Commission, for a term to expire May 1, 1986, s/ William Rauschen_berger Mayor Pro Tem Presented: March 28 1983 Adopted: March 2A, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: tAAca.s� s/ Marie Yrman Marie Yearman, City Clerk RESOLUTION ADOPTED DESIGNATING MEMBERS FOR THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT HEARING COMMITTEE Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution, Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None. VOLUME XLVIII RESOLUTION DESIGNATING MEMBERS FOR THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT HEARING COMMITTEE 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 1983. 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 1983: Luis Cabrera Bruce Dahlquist Wilbert Daniel Margaret Krueger Edward Schock 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/ William Rauschenberger Mayor Pro Tem! Presented: March 28 1983 Adopted: March 2A, 1983 Vote: Yeas 6 Nays 0 Recorded: AV'M t: _ arie Y rman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE PARKING RESTRICTIONS ON NORTH SPRING STREET Councilman Gilliam made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tern Rauschenberger. Nays: None. 86 VOLUME XLV111 Ordinance No. Gll -83, f AN ORDINANCE AMENDING THE PARKING RESTRICTIONS ON NORTH SPRING STREET BE IT ORDAINED BY THE CITY COUNCIL Or THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the list of parking restrictions under Section 11.36.050M the following: North Spring Street, east side thereof, northerly to five hundred three feet north of the centerline of Slade Avenue. Section 2. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding to the list of parking restrictions under Section 11.36.050M the following: North Spring Street, east side thereof, from the center- line of Slade Avenue northerly to 149 feet north of the centerline of Slade Avenue. North Spring Street, east side thereof, from the center- line of Cooper Avenue southerly for a distance of 446 feet, for emergency room parking only. 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 in the manner provided by law and shall be published in pamphlet form by authority of the City Council. _.s/ W-iil.liam g uscbenberger Mayor Pro Tem Presented: March 28, 1983 Passed: March 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: t est. s/ Marie Ye rman' Marie Yearman, City Clerk RESOLUTION TO CLOSE A PORTION OF CENTER STREET ° TABLED Bill Kellenberger advised the Council that he had no prior word from the city that this was taking place and the reason therefor. Mr. Kellenberger stated he would have all of the children from the park on his property and he asked for the opportunity to discuss this with staff. Councilman Hansen made a motion, seconded by Councilman Castillo to table this matter for two weeks. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None. VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VENDORS Northeastern Ill. Planning Commission National League of Cities Kirwan Trane Agency United Diesel Service Northwest Ford Varda Co. IBM Neighborhood Housing Service $2,319.00 $2,121.00 $1,692.20 $4,526.32 $1,840.o0 $1,594.20 $5,243,00 $3,936.75 1983 Dues 1983 Dues Service to Trane water chillers City Hall /Hemmen� Repairs to Bus 8086 Repairs to Sanitation Truck 279 Silent radio alarm system Software programs Rehabilitation of new property. Councilman Gilliam made a motion, seconded by Councilman Waters to approve the above payments. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays, None. RESOLUTION ADOPTED APPROVING JOINT COUNTY -CITY OF ELGIN AGREEMENT FOR FOUR- LANING BIG TIMBER ROAD FROM RANDALL ROAD EASTERLY TO ILLINOIS ROUTE Councilman Hansen made a motion, seconded by Councilman Castillo to adopt the aforementioned resolution. Yeas. Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger> Nays: None. 88 VOLUME XLVIII RESOLUTION APPROVING JOINT COUNTY -CITY OF ELGIN AGREEMENT FOR FOUR- LANING BIG TII4BER ROAD FROM RANDALL ROAD EASTERLY TO ILLINOIS ROUTE 31 WHEREAS, the City of Elgin, in order to facilitate the free flow of traffic and to insure safety to the motoring public, is desirous of con - structing, improvements to Big Timber Road (County Highway No. 21) from Randall Road easterly to Illinois Route 31; and WHEREAS, the County Board of Kane County, Illinois is agreeable to jointly cause the improvements to be constructed and it will be necessary to enter into agreement embodying such provisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute such a joint agreement between the City of Elgin and County of Kane. s/ William Rausch_enberger kayos Pro` Teen - _ Presented: March 28, 1983 Adopted: March 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution, Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt and Mayor Pro Tem Rauschenberger. Nays: None. Abstained; Councilman Waters. r VOLUME XLViII RESOLUTION APPROVING CHANGE ORDER NO. 6 IN THE CONTRACT WITH P.B. VERDICO, INC. FOR CONSTRUCTION OF THE ECC- FOUNTAIN SQUARE CAMPUS PHASE I WHEREAS, the City of Elgin has heretofore entered into a contract with P.B. Verdico, Inc. for construction of the ECC - Fountain Square Campus Phase I; 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 authorized and directed to execute Change Order Number 6, a, copy of which is attached hereto and made a part hereof by reference. s/ William Rauschenber -ger Mayor -lyro- Tem -J Presented: March 28, 1983 Adopted: March 28, 1983 Vote: Yeas 5 Nays 0 Abstained Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Cler RESOLUTION ADOPTED ACCEPTING EASEMENTS FOR SANITARY SEWER AND STORM SEWER PURPOSES Mo ern T —ra--c-7--ffa-ch finer , Inc., DaVis Road) Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Naysa None. ., E VOLUME XLVIII RESOLUTION ACCEPTING EASEMENTS FOR SANITARY SEWER AND STORM SEWER PURPOSES (Modern Track Machinery, Inc., Davis Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts easements for sanitary sewer and storm sewer purposes from Modern Track Machinery, Inc.; a copy of which is attached hereto and made a part hereof by reference, for the repair, maintenance or removal of sanitary and storm sewer pipes on the following legally described property: Of that part of Lot 14 in the First Addition to Miller Davis Research and Industrial Center, being a subdivision of part of the Southeast quarter of Section 32 and part of the Southwest quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows: Easement No. l: An easement for the maintenance of an existing storm sewer over the Westerly 12.0 feet of said Lot 14 except the Northerly 30.0 feet thereof. Easement No. 2: An easement for the maintenance of an existing sanitary sewer over the Westerly 8.0 feet of the Easterly 13.0 feet of said Lot 14 except the Northerly 30.0 feet thereof and except the Southerly 17.5 feet thereof. Easement No. 3: An easement for the maintenance of an existing sanitary sewer over the Southerly 17.S feet of said Lot 14. All of the above being situated in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of easements hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ William Rauschenberger ^.._. ayor Pro.Tem Presented: March 28, 1983 Adopted: March 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest:, s/ Mawr e Y rman Marie Yearman, City Clerk VOLUME XLVIII 91 REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery Report for February, 1983 Public Works Report for February, 1983 Budget Summary dated March 9, 1983 Councilman Hansen made a motion, seconded by Councilman Castillo to place the above report on file. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None. RESOLUTION ADOPTED AUTHORIZING ACCEPTANCE OF VARIOUS WATERMAIN EASEMENTS Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None. 92 VOLUME XLVIII RESOLUTION =_ AUTTIORIZING ACCEPTANCE OF VARIOUS WATERMAIN EASEMENTS WHEREAS, the City of Elgin will be constructing a water trans- mission pipe; and WHEREAS, it is necessary and desirable to acquire easements over, across and upon certain real property to facilitate the construction, maintenance and repair of said water transmission pipes; and WHEREAS, the owners of said real property have agreed to grant to the City the necessary easements upon the payment of $300 and other good and valuable consideration. 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 to :execute the attached watermain easement grant and to take those steps necessary to secure and properly record the easements con- veyed therein, s/ William Rauschenberger Mayor ro'- ieiri Presented: March 28, 1983 Adopted: March 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: n s/ Marie Ye ' man Marie Yearman, city Cler ORDINANCE PASSED AMENDING THE ALCOHOLIC LIQUOR DEALERS PROVISIONS OF THE ELGIN MUNICIPAL CODE, AS AMENDED Councilman Hansen made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance, Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None. VOLUME XLVIII Ordinance No. G12 -83 AN ORDINANCE AMENDING THE ALCOHOLIC LIQUOR DEALERS PROVISIONS 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 6.06 of the Elgin Municipal Code, 1976, as amended, is hereby amended by amending Section 6.06.150B thereof to read as follows: "B. Sell alcoholic liquor between the hours of one a.m. and six a.m. of any day; provided, however, that-on Sundays such licensees shall only be permitted to sell such alcoholic liquors as their licenses permit between the hours of twelve noon of said day and one a.m. of the following Monday; provided further that such licensee on Friday and Saturday only shall be permitted to sell alcoholic liquors as his or her license permits between the hours of six a.m. of each Friday and Saturday and two a.m. on the next morning; expressly provided, however, that alcoholic liquors may be sold and served on licensed premises until five a.m. on January ist of each year; provided further that the hours of sale may be extended by the Liquor Control Commission for two hours, except on January 1, upon written application of any holder of a license who desires to engage in the sale of alcoholic liquor to members of a state or national convention organization in an area of the licensed premises closed to the general public. Applicants for late hour sales shall submit a written applica- tion to the Liquor Control Commission describing the organiza- tion holding the convention, the number of members estimated to attend and the date or dates of late hour service requested and shall be accompanied by a non - refundable application fee of $25.00." Section 2. That this ordinance shall be in full force and effect from and after its passage and publication in pamphlet form. S/ William Rauschenberger Presented: March 28 1983 Passed: March 2$, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: tt st: s/ Marne Y rman Marie Yearman, City Clerk 93 94 VOLUME XLVIII ORDINANCE PASSED AUTHORIZING THE ACQUION OF A CERTAIN TEMPORASi RV CONTiSTRUCTION AGREEMENT Councilman Gilliam made a motion, seconded by Councilman Castillo to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenbergero Nays: None. VOLUME XLVIII Ordinance No. G13 -83 AN ORDINANCE AUTHORIZING THE ACQUISITION OF A CERTAIN TEMPORARY CONSTRUCTION EASIMENT WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to install a watermain; and WHEREAS, in order to install said watermain it is necessary and desirable to obtain certain temporary construction easement; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government; and WHEREAS, the acquisition of temporary construction easements is within the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it is hereby determined that it is necessary and desirable that the City of Elgin, Kane and Cook Counties, Illinois, shall acquire a temporary construction easement over the following described property which temporary construction easement is necessary and required for the purpose of installing a watermain: A 10.0 foot temporary construction easement through part of Lord's Park Manor being a subdivision in part of the Southwest Quarter of Section 7, Township 41 North Range 9 East of the Third Principal Meridian described more fully as follows: Commencing at the point of intersection of the West Cook County line with the South line of Lord's Park Manor, Unit No. 2; thence East, along said South line, a distance of 10 feet for the place of beginning; thence continuing East, along the last described course, a distance of 10.0 feet; thence North, along a line parallel with and 10 feet equidistant to the West Cook County line, to the Southerly right - of -way line of Jefferson Avenue; thence Westerly, along said South- erly right -of -way line, a distance of 10.0 feet, more or less, to a point on said Southerly right -of -way line that is 10.0 feet, measured perpendicular to the West line of Cook County; thence South, along a line parallel with and 10 feet equidistant to the West line of.Cook County, to the place of beginning. Being situated in the City of Elgin, Hanover Township, Cook County, Illinois and containing 0.016 acres, more or less. Section 2. That the 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 owner of the above described properties for the granting thereon of a temporary construction easement to the City of Elgin. Section 3. That the City Manager be and is hereby authorized to offer the sum of $500.00 as and for compensation to the owner or owners of the above described property; said offer shall be in writing. W. VOLUME XLVIII Section 4. That the temporary construction easement shall exist for -- a term sufficient to construct said watermain. Section 5. That, upon completing installation of said watermain the City of Elgin shall, as much as reasonably possible, cause the temporary construction easement to be returned to substantially the same condition it was in prior to such construction. 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 for said easement in accordance with the provisions of this ordinance, then possession of said temporary easements 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 possession of said temporary easements for the City of Elgin in accordance with the eminent domain laws of the State of Illinois. s/ William Rauschenberger Presented: March 28, 1983 Passed: March 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED OF APPRECIATION TO MEMBERS OF THE PLANNING COMMITTEE Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Castello, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None. VOLUME XLVIII RESOLUTION OF APPRECIATION TO MEMBERS OF THE PLANNING CONNITTEE WHEREAS, the Planning Committee of the City of Elgin has worked since 1977 to develop a comprehensive plan for Elgin; and WHEREAS, past and present members of the Planning Committee have volunteered their time and expertise and have made significant contribu- tions to the residents of Elgin through the development of the comprehen- sive plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Elgin City Council hereby expresses its sincere appreciation on behalf of itself and the residents of the City of Elgin to the following past and present members of the Planning Committee: John Langum William Farley Leo Goldschmidt John Schmidtke Sigmund Ziejewski Janet Heinicke Kay Martin Presented: March 28, 1983 Adopted: March 28, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s Mai e man Marie Yearman, City Clerk Tom Ryan Renard Jackson Edward Schock Robert Hill Susan Moylan Raymond Dalton s/ William Rauschenberger 97 98 VOLUME XLVIII ANNOUNCEMENTS Mayor Pro Tem Rauschenberger made announcements relative to forthcoming meetings, ADJOURNMENT Councilman Waters made a motion, seconded by Councilman Hansen to adjourn the Council Meeting and return to the Committee of the Whole Meeting, Yeas; Councilmen Castillo, Gilliam, Hansen, Schmidt, Waters and Mayor Pro Tem Rauschenberger. Nays: None., The meeting was adjourned at 8:55 p.m. Marie Yea rma Cety C e--rlZ— r VOLUME XLVIII April 11, 1983 99 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 11, 1983, at 8 :25 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Charles Vital of the Elgin Evangelical Free Church and the Pledge of Allegiance was led by Councilman Castillo. ROLL CALL Roll call was answered by Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Absent: Councilman Schmidt. MINUTES OF THE MARCH 28, 1983 COUNGIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Hansen to approve the March 28, 1983 Council Minutes as published. Yeas Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verb1c. Nays: None. COMMUNICATIONS Recognition of Emergency Medical Services Week in the State of Illinois by the Illinois Department of Public Health and the Greater Elgin Area Mobile intensive Care Program. Mayor Verbic: We are very privileged to honor the Paramedics from the Elgin Fire Department, who have been recognized by the Illinois Department of Public Health for over five years of service to the public as Certified Paramedics, and I would like to read the following proclamation issued by the State of Illinois: "The important role of the State of Illinois as a leader i -n the provision of emergency medical services has been emphasized by our legislature. The coordination and integration of all state activities involving emergency medical services systems was established within the Illinois Department of Public Health. Illinois is working to ensure that emergency medical services are available to all its citizens. While many areas enjoy satisfactory care, some communities still require improved available services. In an effort to emphasize the necessity of improved emergency care in every community, 1, James R. Thompson, Governor of the State of Illinois, proclaim April 10-16, 1983, as Emergency Medical Services Week in Illinois. On behalf of the citizens of our state I commend those engaged in the emergency medical services for their contri- butions to the health and welfare of all Illinoisans. s/ James R. Thompson, Governor" i00 VOLUME XLVIII Mayor Verbic: The Council and many letters from grateful peo to have this type of dedicated those of us who have come into men, we have seen the scope of ,job description. Administration are aware of the ale in our City who are so thankful personnel serving our City. For contact with this fine; group of their work which is beyond any John Graham, Administrator of Sherman Hospital is here tonight and John has been in the forefront at all times making sure that you.men get the best qualified personnel to administer your training. We are very grateful to Sherman Hospital for their encouragement and their continued educational programs. Mayor Verbic passed out Certificates of Recognition to the following Paramedics: Gary Conner Jerry Marshall Leland Danhour Richard Porter Jerry Eadler Dean Rausch Craig Eadler Tom Rauschenberger Dennis Fischbach Jim Saletta Steve Frazier James Sanders William Freiberg Dean Schmidt William Grant Thomas Wolf Kurt Kramer David Zierk Richard Lundy BID AWARDED FOR ELEVATOR MAINTENANCE SERVICE CONTRACT Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for elevator maintenance to the low bidder, Long Elevator & Machine Company, for a total annual cost of $6622.31 for Year 1, Councilman Rauschenberger asked if this bid covered a one year period or three year. Mike Sarro, Purchasing Director, stated the staff was recommending that we accept Long's offer of no increase in the monthly or quarterly cost for Year 2 ending March 31, 1985 and of a maximum 8% increase in the monthly or quarterly cost for Year 3 ending March 31, 1986 (the actual increase for Year 3 will be negotiated during the last quarter of Year 2). Councilman Waters made a motion, seconded by Councilman Hansen to amend the prior motion to provide for a three year contract. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII BID AWARDED FOR LAWN MAINTENANCE E UIPMENT 101 Councilman Hansen made a motion, seconded by Councilman Rauschenberger to award the bid for two flail -type mowers for Park's.Maintenance to the low bidder, Chicago Toro Turf - Irrigation, Inc., for a total amount of $3,000.00, Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic, Nays: None, BID AWARDED FOR LAWN MAINTENANCE SUPPLIES Councilman Rauschenberger made a motion, seconded by Councilman Waters to award the bid for lawn maintenance supplies to the following low bidders: Turf Products, Ltd. $883,76; Lakeshore Equipment & Supply $3374,95; Lake -Cook Farm Supply $999°60, and Davis Turf Products $3562,50, Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic, Nays; None. FINAL P.U,D. PLAT APPROVAL FOR PHASE Roger Dahlstom advised the Council that Kenneth Kresmery has submitted a final plat for the third phase of the Kennington Square planned residential development. A staff review of the final plat for phase three revealed several platting errors involving the recorded final plat for the Resub- division of Kennington Square (Phase 1), the recorded final plat for the Kennington Square First Addition (Phase II), and the proposed final plat for the Kennington Square Second Addition (Phase 111), The Planning Department recommends final plat approval for phase three of Kennington Square, subject to the following conditions: 1. Submission of an original recorded sepia for the final plat of the Kennington Square First Addition (Phase 11) to the City Clerk; 2, Resolution of the platting errors involving the recorded final plats for phases one and two, and the proposed final plat for phase three prior to recording the final plat for phase three and prior to the issuance of a building permit for phase three, 3< Submission of a revised letter of credit to cover the cost of the two stormwater retention ponds. The expiration date should coincide with the completion of the entire Kennington Square project. 102 VOLUME. XLVIII The stormwater retention ponds are to be completed to specification prior to recording the final plat for phase three and prior to the issuance of a building permit for phase three, 4. Submission and approval of final engineering plans and specifications, and submission of the required completion bond for phase three; and 5. Compliance with the terms and conditions of the Kennington square annexation agreement, and compliance with all other applicable codes and ordinances. The Land Use Committee recommended the denial of final plat approval, for phase three of Kennington Square. On a motion to recommend_f.Inal plat approval, the vote was one yes and five no. Mr. Dahlstrom stated that Mr. Kresmery had met all of the foregoing conditions, with the exception of No. 2- and 'in order to do this the platting errors would have to be corrected by recording the-plat for phase three. Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the final P.U.D. Plat for Phase Three of Kennington Square, subject to the conditions set forth in No. 2 of the staff's recommendations. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING THE PARKING RESTRICTIONS ON DIVISION STREET Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas, Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. G14 -83 AN ORDINANCE AMENDING THE PARKING RESTRICTIONS ON DIVISION STREET BE IT ORDAlNED,BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That.Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the list of ten -hour parking zones under Section 11.44.150 the following: Division Street, north and south side thereof, from Center Street to Tennyson Court. Section 2. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding to the list of ten - hour parking zones under Section 11.44.150 the following: Division Street, north side thereof, from Center Street to Tennyson Court, except the easterly four:spaces. Division Street, south side thereof, from Center Street to Tennyson Court, except the easterly one space. Section 3. That all ordinances or parts of ordinances in conflict with the proviAions 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 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 11 1983 Passed: April 11, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea man rie Yearman, City Clerk ORDINANCE PASSED ADDING TO THE LIST OF SPECIAL 103 Councilman Rauschenberger made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. 104 VOLUME XLVIII Ordinance No. G15 -83 -.. i AN ORDINANCE ADDING TO THE LIST OF SPECIAL USES IN THE OFFICE, BUSINESS AND MANUFACTURING DISTRICTS TO PERMIT DAY CARE CENTERS WHEREAS, written application has been made to amend the provisions of the zoning ordinance sous to permit days care centers as a special use in the office, business and manufacturing districts', and WHEREAS, the Elgin Planning Committee held a public hearing concern- ing the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF - ELGIN, ILLINOIS: Section 1. That Section 19.27.030 of Chapter 19.27 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: "7. Day care centers." Section 2. That Section 19.27.030 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by redesignating existing numbers 7 and 8 as numbers 8 and 9 respectively. Section 3. That Section 19.28.030 of Chapter 19.28 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: "16. Day care centers." Section 4. That Section 19.38.020 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding the following: "12. Day care centers." Section S. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. sl Richard Lo Verblc Richard L. Ver ac, Mayor i VOLUME XLVIII IQ Presented: April 11, 1983' Passed: April 11, 1983 Vote Yeas 6 Nays 0 Recorded: Published: Attest: !..%� c—' fie o s C L. s/ Marie Yea +man Marie Yearman, City Clerk IN THE B -4 GENERAL SERVICE DISTRICT. Councilman Gilliam made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberg ®r, Waters and Mayor Verbic, Nays- None. 106 VOLUME XLVIII Ordinance No. G16 -83 r -. AN ORDINANCE ADDING TO THE LIST OF PERMITTED USES IN THE B -4 GENERAL SERVICE DISTRICT TO PERMIT MACHINE SHOPS, LIMITED TO JOBBING AND REPAIR WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to permit machine shops, limited-to-jobbing, and repair, as an additional permitted use in the B -4, General Service District; and WHEREAS, the Elgin Planning Committee held a public hearing concern- ing the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.34.020 of Chapter 19.34 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: "13. Machine shops, limited to jobbing and repair." Section 2. That Section 19.34.020 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by redesignating existing numbers 13 through 24 as numbers 14 through 25 respectively. 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: April 11, 1983 Passed: April ll, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Att st: s/ Marie Ye rman Marie Yearman, City Cler ORDINANCE PASSED AMENDING CHAPTER 3012 OF THE Councilman Waters made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas- Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic, Nays- None. VOLUME XLVI91 AMENDING CHAPTER 3 ENTITLED AN ORDINANCE 12 OF THE ELGIN HUMAN RELATIONS Ordinance No. G17 -83 MUNICIPAL CODE, 1976 COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.12.050(C) of Chapter 3.12 of the Elgin MunicipaL.Code, 1976, as amended, is hereby amended to read as follows: "C. The commission shall cooperate with state and federal agencies and may, with the approval of the City Council, enter into cooperative agreements with state and federal agencies whenever it deems such actions appropriate in effectuating the policy of this chapter." Section 2. That Section 3.12.080(A) of Chapter 3.12 of the Elgin Municipal Code, 1976; as amended, is hereby amended to read as follows: "A. It is unlawful and an unfair housing practice for any owner of real estate, lessee, sublessee, real estate broker or salesman, lender, financial institution, advertiser or agent of any of the foregoing: 1. To make any distinction, discrimination or restric- tion against or to refuse to negotiate with any person in the price, terms, conditions or privileges of any kind relating to the sale, rental, lease or occupancy of any real estate in the city or in the furnishing of any facilities or services in connec- tion therewith, predicated upon the race, color, religion, national origin, ancestry, sex or physical handicap of the prospective or actual buyer or tenant thereof, or because of the race, color, religion, national origin, ancestry, sex or physical handicap of the friends or associates of such person; 2. To publish, circulate, issue or display, or cause to be published; - circulated, issued or displayed, any communica- tion, notice, advertisement, sign or other writing of any kind relating to the sale, rental, or leasing of any real estate within the city, which will indicate or express any limitation or dis- crimination in the sale, rental or leasing of such real estate, predicated upon the race, color, religion, national origin, ancestry, sex or physical handicap of any prospective buyer, lessee or renter of such property; 3. To refuse to sell, lease or rent or to refuse to negotiate the sale, lease or rental of any real estate within the city because of the race, color, religion, national origin, ancestry, sex or physical handicap of the proposed buyer or renter; 4. To discriminate or to participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real estate in the city because of race, color, religion, national origin, ancestry, sex or physical handicap; 107 M VOLUME XLVIII S. To discriminate in price against any person for the sale or rental of real estate because of race, color, religion, national origin, ancestry, sex or physical handicap; 6. To solicit for sale, lease or listing for sale or lease, real estate within the city on the ground of loss of value due to the present or prospective entry into any neighborhood of any person or persons of any particular color, race, religion or national origin or ancestry; 7. To distribute or cause to be distributed written material or statements designed to induce any owner of real estate in the city to sell or lease his property because of any present or prospective change in the race, color, religion, national origin, ancestry, sex or physical handicap of persons in the neighborhood; 8. To refuse examination of copies of any listing of real estate to any financially qualified person of race, color, religion, national origin; ancestry, sex or physical handicap; 9. To enter into a listing agreement which prohibits the sale or rental of real estate to any person because of race, color, creed, religion, national origin, ancestry, sex or physical handicap; 10. To act or to undertake to act with respect to any real estate the disposition of which is prohibited to any person because of race, color, religion, national origin, ancestry, sex or physical handicap; 11. To falsely represent that a dwelling is not available for inspection, sale or rental or to make a dwelling unavailable for inspection, sale or rental because of a person's race, color, religion, national origin, ancestry, sex or physical handicap." Section 8. That Section 3.12.090(A) of.Chapter 3.12 of the Elgin Municipal Code, 1976; as amended, is hereby amended to read as follows: "A. Any person aggrieved in any manner by a violation of any provision of this chapter may file with the human relations coordinator a written or oral complaint. The complaint shall state: 1. The name and address of the complainant; 2. The name and address of the person or persons against whom the complaint is brought (respondent), if known to the complainant; and 3. The facts surrounding the alleged violation of this chapter. Such complaint shall state the name and address of all persons believed to have knowledge concerning the alleged violation. The complaint shall be barred from consideration unless it is filed VOLUME XLVIII 109 with the human relations coordinator within 180 days after the alleged violation. Except when acting pursuant to a cooperative agreement for dual filing of complaints, no complaint shall be processed if a similar complaint is filed before any state or federal agency." Section 9. That Section 3.12.090(E) of Chapter 3.12 of the Elgin Municipal Code -, 1976, as amended, is hereby amended to read as follows: "E. Hearings shall be conducted by the chairperson or another member designated by him. Hearings shall be held at the next scheduled meeting after the investigation is completed. Hearings to conciliate complaints of unfair housing practices may be conducted at closed meetings provided no recommendation by the commission shall be made except at a meeting open to the public. Written notice to all parties of the time, date and location of the hearing shall be given at least forty - eight hours prior to the hearing by certified mail. All respondents shall be provided full opportunity to present evidence, cross- examine persons giving testimony and may be represented by counsel. All testimony shall be given under oath and of record unless the commission by majority vote decides to proceed informally; however, no findings and recommendation shall be made to the mayor and city council as a result of any informal hearing." Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby revealed. Section 6. That this amendatory ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ Richard Lo Verbic Richard L. Verbic, Mayor Presented: April 11, 1983 Passed: April 11, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: AS9ttpest: s/ Marie Yea man Marie Yearman, City Clerk TION ADOPTED AUTHORIZING Councilman Gilliam made a motion, seconded by Councilman Rauschenberger to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic, Nays- None. 110 VOLUME XLVIII RESOLUTION AUTHORIZING THE EXECUTION OF A MPMORANDUM OF AGREEMENT (UNIVERSAL CHEMICAL AND COATINGS, INC. PROJECT) WHEREAS, Universal Chemical and Coatings, Inc., a Delaware corpora- tion (the "Borrower ") wishes to finance the acquisition of a site for and construction of an industrial facility and wishes to have the City of Elgin, Illinois (the "Issuer ") issue its revenue bonds to finance such acquisition and construction; and WHEREAS, a Memorandum of Agreement has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to issue its revenue bonds to finance such acquisition and construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS; Section 1 That the Mayor of the Issuer is hereby authorized to execute, and the Clerk of the.Issuer is hereby authorized to attest a Memorandum of Agreement with the Borrower in substantially the form of such agreement appended to this Resolution as Exhibit A. Section 2. 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 purposes of the Memorandum of Agreement as executed and to issue not to exceed $4,000,000 of its revenue bonds upon the terms and conditions stated in such,Memorandum of Agreement for the purpose of defraying the cost of acquiring and constructing the Project (as defined in the Memorandum of Agreement) and that the same is declared to be for a public purpose and to be a matter pertaining to the government and affairs of the Issuer° Section 3e That this resolution shall be in full force and effect upon its passage and approval, Presented: April 11, 1983 Adopted: April 11, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye man Marne Yearman, City Clerk s/ Richard L. Verbic Richard Lo Ver ic, Mayor ING CHANGE ORDER NO, 1 TO Councilman Rauschenberger made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 111 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT NO. 3 LIME RESIDUE DISPOSAL FACILITIES SECTION I FILL AND DRY LAGOONS WHEREAS, the City of Elgin has heretofore entered into a written contract with Ryan Inc. of Wisconsin for the construction of certain water works improvements known as Contract No. 3 Lime Residue Disposal Facilities Section I - Fill and Dry Lagoons; 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 RiEErd L. Verbic, Mayor Presented: April 11, 1983 Adopted: April 11, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie YeaHman Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays; None. I■o VOLUME XLVIII 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, Inc., Veterans of Foreign Wars, a Patriotic Organization of this City, desires to hold its annual Loyalty Day Parade on Routes 19 and 20 on Sunday, May 1, 1983 at 2:00 p.m.; and WHEREAS, said parade will require the closing of a portion of Route 19 and Route 20; 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 routes, BE IT FURTHER RESOLVED 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 Lo Verblc Richard Lo Ver izc, Mayor Presented: April 11, 1983 Adopted: April 11, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie YeaIrman �t Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FILING OF AGREEMENT FOR LUMF SUM DRAWDOWN UNDER THE HOUSING AND COMMUNITY DEVELOP - MENT ACT OF Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verblc. Nays: None, VOLUME XLV[ll RESOLUTION AUTHORIZING FILING OF AGREEMENT FOR LUMP SUM DRAWDOWN UNDER THE HOUSING AND CU\tIUNITY 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 housing rehabilitation in order that beneficial solutions to the problems of slum and blight, and housing and neighborhood deterioration may be determined; and WHEREAS, Title 24, Part 570, Subpart J, Section 570.513 provides for lump sum drawdown of Housing and Community Development Block Grant funds for the purpose of, financing the rehabilitation of privately owned properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That submission of an agreement be made to the Department of Housing and Urban Development for a lump stun drawdown in the amount of Two Hundred Thirty -Six Thousand Nine Hundred and Fifty -Eight Dollars ($236,958)• Section 2. That the City Manager is hereby authorized and directed to execute and file such agreement with the Department of Housing and Urban Development and to provide additional information and furnish such docu- ments as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ Richard L. Verbic Richard er ac, Mayor Presented: April 11, 1983 Adopted: April 11, 1983 Vote: Yeas 6 Nay@ Recorded: ss/ Marra mars rie Yearman, City Clerk 113 s 114 VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VENDORS Board of Education School District U -46 $ 4,337.70 Rental of school facilities Eastman Kodak Co. 111. Radio Equipment Neighborhood Housing Services and Darryl & Pam Bethany 445 Fulton CCADA Elgin, Ill. 4,920.00 Annual Maintenance Program 1,800.00 Leasing of radios for Buses 5,210.00 NHS Revolving Loan Fund 3,333.32 Alcohol Safety Program Councilman made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Depaetmenr Report for March, 1983 City - Traffic Committee Minutes - March 24, 1983 Building Permit Report for March, 1983 Public Property and Recreation Board Minutes March 22, 1983 Councilman Gilliam made a motion, seconded by Councilman Hansen to place the above reports on file. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays: None; ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Rauschenberger to adjourn the Council Meeting and go into Executive Session; Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic, The meeting was adjourned at 8:56 p.m. Marie Yearman City Clem VOLUME XLVIII April 25, 1983 115 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 25, 1983, at 8:28 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 Councilmen Castillo and Rauschenberger. ROLL CALL Roll call was answered by Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE APRIL 11, 1983 COUNCIL MEETING APPROVED T S PUBLISHED Councilman Waters made a motion, seconded by Councilman Rauschenberger to approve the April 11, 1983 Council Minutes as published. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Waters and Mayor Verbic. Nays. None. Abstained: Councilman Schmidt. ABSTRAC CANDIDATES WHEREAS, an election of candidates for the offices of Mayor and three Councilmen to be elected at large of and for the City of Elgin, Kane and Cook Counties, Illinois, was held on the second Tuesday of April, 1983, being April 12, 1983; and WHEREAS, the election authorities of Kane and Cook Counties have transmitted a tally sheet or certificate of results for each precinct in the City of Elgin; and WHEREAS, the Election Code of the State of Illinois provides that a canvassing board composed of the Mayor, City Attorney and City Clerk shall open and canvass the precinct returns and prepare an abstract of votes received by candidates for each political sub - division office; and WHEREAS, the canvassing board of the City of Elgin has canvassed the precinct returns as required by the Election Code of the State of Illinois. NOW, THEREFORE, it is hereby proclaimed by the canvassing board of the City of Elgin that the following number of votes was cast for each candidate for the offices of Mayor and Councilman for the City of Elgin: 116 VOLUME XLVIII Kane Cook County County Total F Richard L. Verbic 5895 624 6519 Robert Gilliam 2624 292 2916 Marlene Shales 4939 527 5466 Don Waters 4335 407 4742 Edgar A. "Pete" Andersen 5034 537 5571 James C. Hallock 3570 398 3968 William R. "Bill" Werst, Jr. 2808 336 3144 J. Robert (Bob) Edwards 2478 268 2746 IT IS HEREBY PROCLAIMED that the following person has been elected to the office of Mayor for the City of Elgin: Richard L. Verbic IT IS HEREBY FURTHER PROCLAIMED that the following persons have been elected to the office of Councilman for the City of Elgin; Marlene Shales Don Waters Edgar A. "Pete" Andersen The City Clerk is hereby authorized and directed to transmit a duplicate or signed copy of this abstract of votes to the Clerks of the Counties of Kane and Cook and to the State Board of Elections. This is to certify that the foregoing abstract and proclamation of results of the election for the offices of 'Mayor and Councilman for the City of Elgin is true and correct. Given under 0ur hands this 19th day of April, 1983. s/ Richard L. Verbic Mayor s/ Erwin Jentsch City Attorney s/ Marie Yearman City C er BID AWARDED FOR SPRING Du PAGE AND FULTON STREETSCAPING Councilman Rauschenberger made a motion, seconded by Councilman Gilliam to award the bid for Spring, DuPage and Fulton Streetscaping to the low bidder, Wayne Zimmerman Construction, for a total amount of $276,250.67. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 117 BID AWARDED FOR BITUMINOUS PATCHING ' MIXTURES Councilman Rauschenberger made a motion, seconded by Councilman Schmidt to award the bid for bituminous patching mixtures to the low bidder, Giertz Melahn Aspalt Company, for a total amount of $44,506,00. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays; None® BID AWARDED FOR MATERIALS FOR TRAFFIC CONTROL Councilman Hansen .made a motion, seconded by Councilman Rauschenberger to award the bid for materials for traffic control to the following low bidders: Warning Lites of Illinois for a total amount of $2420.00, E & H Utility Sales for a total amount of $685.00, and Premier Sales Corporation for a total amount of $1926000, Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR COMPUTER SYSTEM FOR RIVERSIDE WATER PLANT Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for a computer system for the Riverside Water Plant to the low bidder, CompuShop, for a total amount of $6215,85° Yeas, Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None, RESOLUTION ADOPTED ESTABLISHING FEES FOR THE USE OF SWIMM'ING'POOLS OF THE CITY OF ELGIN Councilman Hansen made a motion, seconded by Councilman Rauschenberger to adopt the aforementioned resolution, Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays; None, 118 VOLUME XLVIII 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, that the fees for the use of City of Elgin swimming pools be and are hereby established as follows: 10 SWIM 20 SWIM DAILY COUPON BOOK COUPON BOOK Children (2 years through $1.50 $ 6.2S $12.50 high school) Adults $2.00 $10.00 $20.00 Family Rates - $60.00 s/ Richard L. Verbic Rzc ar L. Ver ic, Mayor Presented: April 25 1983 Adopted: April 2�, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea'�man Marge Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MAL WILLIAMS AS A MEMBER OF THE HUMAN RELATIONS COMMISSION Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. r VOLUME XLVIII 119 RESOLUTION APPOINTING MAL WILLIAMS AS A MEMBER OF THE HUMAN RELATIONS CMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Mal Williams be and is hereby appointed as a member of the Human Relations Commission to fill the unexpired term of Lee Plasmier, for a term to expire May 1, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 25, 1983 Adopted: April 25, 1983 Vote: Yeas 7 Nays 0 Recorded: aAttest: l�C:es.�v --ate s/ Marie Ye :man Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE ROUTES , AND FOR VALLEY TROT Councilman Gilliam made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic, Nays: None. 120 VOLUME XLVIII 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) mile marathan race within the city limits of Elgin, on Monday, May 30, 1983, 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, Rotate 19, Route 58, Route 31 and Route 25 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes. It is further agreed that an efficient and all weather detour will be maintained and conspicuously marked for the benefit of traffic diverted from the state routes. S/ Richard L. Verbic Richard L. Ver,ic, Mayor Presented: April 25, 1983 Adopted: April 25; 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Cler- OLUTION ADOPTED AUTHORIZING AN Councilman Waters made a motion,geconded by Councilman Rauschenberger to adopt the aforementioned resolution, Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. i. VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREEMENT WITH HAMPTON, LENZINI AND REMICK, INC. FOR CONSULTING SERVICES WHEREAS, the City of Elgin desires to retain the service of Hampton, Lenzini and Renwick, Inc. to perform certain engineering services necessary for the improvement of McLean Boulevard from Van Street to Bowes Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor,and Marie Yearman, City Clerk, be and are hereby authorized to execute an agreement for consultant services on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc., a full and complete copy of which is attached hereto and made a part hereof by reference. s/ Richard Le Verbic Richard L. Vierbic, Mayor Presented: April 2S, 1983 Adopted: April 25, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeaan Marie Yearman, City Clerk Councilman Rauschenberger made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Castillo; Gilliam, Hansen, Rauschenberger, Schmidt Waters and Mayor Verbic, Nays: None. 121 122 VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREEP4ENP WITH HAMPTON, LENZINI AND RENWICK, INC. FOR CONSULTING SERVICES WHEREAS, the City of Elgin desires to retain the service of Hampton, Lenzini and Renwick, Inc. to perform certain engineering services necessary for the improvement of McLean Boulevard from Royal Boulevard to the Chicago and Northwestern Transportation Company tracks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized to execute an agreement for con- sultant services on:; behalf of the.City of Elgin with Hampton, Lenzini and Renwick, Inc., a full and complete copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 25, 19 83 Adopted: April 25, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: I s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED ESTABLISHING A PARK AND RECLAMATION COMMISSION Councilman Gilliam made ,a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt., Waters and Mayor Verbic. Nays: None, r VOLUME XLVIII Ordinance No. G18 -83 AN ORDINANCE ESTABLISHING A PARK AND RECLAMATION COMMISSION WHEREAS, the City of Elgin is a Home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City of Elgin recently acquired from the Illinois Depart- ment of Mental Health and Developmental Disabilities certain property located in the southwest part of the City consisting of approximately 350 acres; and WHEREAS, the City of Elgin has entered into an intergovernmental agree- ment with said department which agreement provides for the ultimate develop- ment of said property for park purposes; and WHEREAS, it has been determined that said property contains valuable gravel resources, the sale of which could aid in the financing of said park development; and WHEREAS, there has been developed a comprehensive plan coordinating the gravel mining operation and park development on said property; and I` WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to create a special advisory commission to assist and advise the City Council regarding development of the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 'Section 1. That there is hereby created the Park and Reclamation Commis- sion for the purpose of advising, assisting and recommending policy guidelines to the City Council for the reclamation and development as parkland of the property consisting of approximately 350 acres and which was formerly part of the Elgin Mental Health Center facility. Section 2. The Park and Reclamation Commission shall be composed of eight members and shall include the mayor, who shall act as chairman of the Commission, and seven persons appointed by the mayor with the advice and consent of the City Council. Each appointed member shall serve for a term of three years; except that the terms of the initial appointees 'under this section shall be staggered in such a manner so that the terms of two members shall expire on the first Monday of May, 1984, the term of two other members shall expire on the first Monday of May, 1985 and three member's terms shall expire on the first Monday of May, 1986. All members of the Commission shall continue in such capacity until their successor has been duly appointed and is acting. Any member appointed to fill a vacancy prior to expiration of the term for which his predecessor was appointed shall serve the remainder of such term. All members shall serve without compensation. The City, from time to time, in its discretion, shall make available the services of its professional staff, to aid and cooperate with the Commission in carrying out its responsi- bilities, as provided in this chapter. 123 124 VOLUME XLVIII Section 3. Following the appointment of members the Park and Reclama- tion Commission shall meet and shall establish regular meeting dates which shall be not less than once a month. The Commission may establish rules regarding the conduct of its meetings and where not otherwise provided, Roberts Rules of Order shall apply. Minutes shall be taken of all meetings. All meetings shall be conducted in accordance with the Open Meetings Act. Section 4. The Park and Reclamation Commission shall have the following powers and duties, in addition to any other which may from time to time be granted by the City Council. A. To evaluate the responses to the request for proposals for the gravel operation and to recommend an operator to the City Council. B. To review, monitor and advise the City Council regarding all aspects of the site reclamation and redevelopment including: 1) Gravel Producer's operations and compliance with their contract with the City. Z) Reclamation progress, including recommending acceptance of areas that have been reclaimed, and recommending approval of current and future reclamation plans. 3) Master plan and specifications including recommendations for changes within the framework of City's contracts with the mining operator and State of Illinois. C. To develop a financial feasibility plan which outlines antici- pated revenues and expenditures associated with the project. D. To enlist volunteers to aid in the construction of designed park improvements and perform other work associated with the reclama- tion of the site and construction of park improvements thereon. E. To solicit donations to be applied toward reclamation of the site, construction of park improvements and park maintenance. F. To create and staff various ad hoc .committees to assist the Commission in carrying out its responsibilities. G. To work with and coordinate activities with the Parks..and Recreation Board of the City of Elgin. H. To provide the City Council with an annual report of the Commission's activities, recommendations and comments regarding the park site development. Section 5. 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. Verblc Richard Z. er ic, Mayor VOLUME XLVIII 125 Presented: April 25, 1983 Passed: April 25, 1983 Vote: Yeas 7 Nays 0 Recorded: Published: ,Attest: - s/ Marie YeaYman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE" ORDER NO. I IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY INC. FOR PHASE OF LUC — FOUNTAIN SQUARE CAMPUS Councilman Rauschenberger made a motion, seconded by Councilman Castillo to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt and Mayor Verbic. Nays: None, Abstained: Councilman Waters'. 126 VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY, INC. FOR PHASE II OF ECC - FOUNTAIN SQUARE CAMPUS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Irving Construction Company, Inc. for Phase II 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 TUchard L. Verbic, Mayor Presented: April 25 1983 Adopted: April 2�, 1983 Vote: Yeas 6 Nays 0 Abstained Recorded: Attest: s Marie Yea an rie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO THE PARK AND RECLAMATION COMMISSION Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. i VOLUME XLVIII RESOLUTION APPOINTING MEMBERS TO THE PARK AND RECLAMATION COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Manuel Barbosa be and is hereby appointed as a member of the Park and Reclamation Commission for a term to expire on May 7, 1984. BE IT FURTHER RESOLVED that Charles Burnidge be and is hereby appointed as a member of the Park and Reclamation Commission for a term to expire on May 7, 1984, BE IT FURTHER RESOLVED that Renard Jackson be and is hereby appointed as a member of the Park and Reclamation Commission for a term to expire on May 6, 1985. BE IT FURTHER RESOLVED that Dr. George Burger be and is hereby appointed as a member of the Park and Reclamation Commission for a term to expire on May 6, 1985. BE IT FURTHER RESOLVED that Robert Hoffer be and is hereby appointed as a member of the Park and Reclamation Commission for a term to expire on May 5, 1986. BE IT FURTHER RESOLVED that Harry Seigle be and is hereby appointed as a member of the Park and Reclamation Commission for a term to expire on May 5, 1986. BE IT FURTHER RESOLVED that Jack Shales be and is hereby appointed as a member of the Park and Reclamation Commission for a term to expire on May 5, 1986. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: April 25, 1983 Adopted: April 25, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest:, s/ Marie rman rie earman, City Clerk 127 128 VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VENDORS Julia Perez 135 S. Liberty $4,944.10 Residential Rehab, Program Monica Lopez 413 Mill St. $4,787.00 Harry Westlake 620 Algona Ave. $2,319.50 Gilmartin, Hollenbeck, Schroeder & Hacker Ltd, Chicago, Ill. $62,549.61 Police Consultants Hillside, Ill. $2,150.00 Wilson Sporting Goods $5,626.30 NHS /Mary Carrington Residential Rehab. Program Residential Rehab. Program Balance of funds held by city for Carrizo contract/construc- tion of water transmission main=_ Testing 43 Lieutenant applicants Golf Supplies 357 N. Gifford $5,589.03 NHS Revolving Loan Fund Program Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the aforementioned payments. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenues for the month of January, 1983 Public Property & Recreation Board. Minutes - 4/5/83 Bluff City Cemetery Report for March, 1983 Budget Summary dated 4/8/83 Councilman Hansen made a motion, seconded by Councilman Rauschenberger to place the above reports on file. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None, ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Hansen to adjourn the Council Meeting. Yeas: Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8:45 p.m. VOLUME XLVIII 129 INDUCTION OF COUNCILMEN AND MAYOR The Honorable Barry Puklin administered the Oath of Office to Mayor Verbic, Councilmen Pete Andersen, Marlene Shales and Donald Waters. Mayor Verbic delivered the following address to those present in the Council Chambers, ''Members of the Council and Fellow Citizens I desire to express my appreciation of the honor conferred upon me; and to say that my every effort will be to the end that the interests of the whole community may be enhanced. Our community is progressive, enterprising and intelligent, and as such, worthy of the best service at the hands of its servants. This it should have, and so far as it is in my power, it will have, have not accepted honor at your hands without giving a thought to the responsibilities accompanying 'it, and I am ready to meet those responsibilities. My time and attention will be devoted to the duties of my office. I solicit your aid in making this administration beneficial as well as creditable to the people of this community. The words 1 have just read are not mine. They were spoken a hundred years ago, in 1883, by David F. Barclay, who was about to take: the oath of office as Mayor of Elgin. Although a century has passed since they were heard in the Elgin City Council chamber, l believe they,express my sentiments upon entering my third term as your Mayor, The Elgin over which David Barclay was to preside had a population of less than 9,000. Its problems were simpler than those we face, but they were of as great concern to the citizens of that time as our problems are to us. As was appropriate, Mr. Barclay devoted the greater part of his inaugural address to the concerns of his time. Some of them have a familiar ring. He discussed the condition of the city's streets. He questioned the desirability of increasing the size of the municipal waterworks. He called for the construction of another bridge across the Fox River. The bridge of which he spoke was finally built, but only after much controversy. It spanned the river at Kimball Street, Since 1975 another controversial bridge proposal has been considered by the Elgin City Council, I have expressed my support of the project in the past. I believe it would prove to be as valuable to the city as the Kimball Street Bridge has been. In this matter, 1 hope we 130 VOLUME XLVIII show the same wisdom and foresight in our decision as our predecessors - displayed, so many years ago. Our predecessors showed more than wisdom and foresight. In addition to those qualities, they demonstrated they had prudence and courage and patience. They manifested their prudence by giving careful consideration to the city's needs. They devised well- thought out and affordable plans to meet those needs. They had the courage to refuse to act until their plans were fully formulated. Finally, once they were convinced of the 'rightness of their 'course, they had the patience to see their projects through to this completion. They did not always display those qualities. They sometimes failed, just as we do.. Most of the time, they did not. The city in which we live is evidence-of that. During the next four years, we will be given an opportunity to demonstrate the extent to which we possess our predecessors' strengths. We will be challenged in many areas. If I may, I would like to take a few minutes to identify them. (1) We are emerging from a recession of over 30 months with a current unemployment rate of over 14%. The City and the Elgin Area Chamber of Commerce must continue to develop an economic strategy which is conducive to promoting and attracting new businesses and industry. When possible, we must help those businesses and -- industries in our city and help and encourage those that wish to expand by the use of a variety of financial incentives. We have to maintain an attractive level of city services to promote the desirability of our city as a new location for commercial "and industrial investment. (2) The Comprehensive Plan for our city will be a reality within the next few months. It will guide and help us make decisions for the next 20 years regarding growth and the physical and economic well -being of our residents. It will help us to establish city jurisdictional boundary agreements with bordering communities. (3) Continued enlargement of our successful Residential Rehabilitation Assistance Program and our Neighboring Housing Service Program should be continued to combat housing problems in our city where over 56% of our homes were built before 1939. We have to continue to improve the quality and residential character or our existing neighborhoods. (4) We are aware faster than the cost Elgin citizens spend It is estimated that in 1982. Economists that energy prices in our city have increased of living. Approximately 85% of every dollar on energy leaves the local economy immediately. over $105 million was lost to the lost economy expect electricity charges to increase at least L VOLUME XLVIII 131 15% each year and the cost of natural gas to increase over 3000/, between 1983.and 1990.. 1 would hope that a community -wide conservation energy task force could be formed to develop a strategy which would benefit homeowners, industry and business`. (5) A group of citizens have volunteered to assist in the initial development of the city -owned 400 acres located at the Rt. 20 By- Pass and McLean Blvd. We should encourage this volunteerism and assist in "these endeavors as.a cost - effective measure to develop this park. I feel that the council should address future park developments as the responsibility of the residents and the developer. (6) 1 pledge to continue to work with the RTA and city staff on our many transportation projects. I plan to continue to work actively on behalf of our city as Vice - Chairman of the Kane County Council of Mayors and as one of the 30 Vice - Presidents of the Illinois Municipal League. (7) Housing, In 1982 only 8% of families in our city could afford a median price home; this has been reduced from the 39% that could buy or build a home in 1973. We must devise a plan to reduce all unnecessary regulations in the areas of zoning, subdivision regulations and building codes to make quality housing available for those priced out of the residential market. (8) Elgin-0-Hare. Cooperation of our city with the State Transportation Department, state legislators and county and local officials to plan for the construction of the Elgin-0-Hare Tollway or Freeway should be a high priority. 1 am convinced this connection to O'Hare Field will open the South -East part of our city to new businesses, industrial expansion and residential development. (9) Our city will be celebrating our Sesquicentennial in 1985. 1 feel it is appropriate to use this occasion for a series of community events to honor our 150th year as an incorporated city. A goal of obtaining easements to our land acquisitions on the Fox River along with the beautification of these land areas can be a realization by 1985. (10) Our Beautification Commission, established in 1975, during my first term as mayor, has made great contibutions city -wide; This Commission continues to work on new projects in the interest of enhancing and improving our city. (11) Population changes in our city during the past 15 years have brought significant changes in our socio- economic base. We must recognize these changes and work toward a change in programs and policies to improve the quality of life for everyone. (12) Downtown. I have been a strong proponent of the Enterprise Zone Concept. I hope, that if we receive this designation from the State of Illinois, we can fully utilize this concept with a joint private - public partnership for strengthening and redevelopment of the central business district. 132 VOLUME XLVIII k I am sure there are man other y problems that will come before the elected officials that we are not aware of at this time or which I have not addressed this evening. Some of the problems I have discussed will be resolved during the next four years. On the others, we will be able only to make a good beginning. It will fall to those who follow us to finish some of our tasks. But however much we accomplish, let us hope our successors will be able to say we did not flinch or turn aside from the challenges of our time. Marie Yearman; Cites y�C —erl t i' VOLUME XLVIII May 4, 1983 133 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 May 4, 1983, at 7:10 p.m.,, in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. CONSIDERATION OF BLOCK GRANT APPLICATIONS Mayor Verbic: The members of the Council have had the opportunity to read over all the information received from the hearings which were held by the Committee appointed to hear the requests of the various groups and agencies that came in with proposals. We have had the opportunity to evaluate this so I am going to ask that the Council members only ask questions relative to each one of these items. Acquisition of a Building for Head Start Mayor Verbic: You have all had the opportunity to read over the data which we received on the Head Start Program, are there any questions of the Council people in regard to this. Councilman Shales: When the application was made they stated that they were being asked to leave the U -46 building that they are in, I believe that is not true and I am wondering if the fact that it is not true and the fact that a lot of money was,. put into those rooms to prepare them for the Head >, Start program, if that has changed the thinking of the Plus Incorporated people, Melvin Jones, Executive Director of Plus incorporated: It is true some time ago we were asked to leave the facility because the School District was anticipating using the facility for adminis- trative offices. However, if we continue our Head Start program from the facility it will no longer be licensable by the Illinois Department of Children and Family Services. would have to differ with you in terms of the amount of dollars spent to make those rooms licensable, l don't think the school district spent any money to make the rooms licensable for the Head Start program. In fact we use the rooms basically as they were with Little or no funds from the school district going into any kind of renovations to the facilities. Councilman Shales: I was really thinking that you used your funds to renovate the facilities. Mr, Jones: No, when we moved in several years ago there were no Head Start funds or federal funds used to bring that facility up 134 VOLUME XLVIII to licensing requirements. We are using a portion of one classroom to serve food to our youngsters. Because it is of a temporary nature the Department of Children and Family Services is going along with that arrangement. However, they will not license a facility if we are to continue providing lunch to the children from the classrooms. In fact we have a refrigerator in one of the classrooms, our cook is preparing the meals that are brought from a particular classroom. In fact there is no hot water to wash the dishes. We are mandated by the federal government to serve family style meals to our youngsters and that entails washing the dishes and other things that the youngsters use. We recently had a sanitation inspection by the City Sanitation Department and one of the deficiencies, if you will, is that there is no hot water to clean the dishes, so that is another problem there and they need to find a facility that will adequately serve our needs. Mayor Verbic; How many years have you been at U -46. Mr. Jones: We have been in the old Elgin High School since 1980 -81. Mayor Verbic: And you say that there have been no capital expendit- ures for the rehabilitation of this site at all and you just use it as is. Mr. Jones: That is correct. When we initally spoke with the school district, they were going to place us in a section of the building without a sprinkler system and of course as you well know your City ordinance mandates that there are sprinkler systems in facilities with day care, and therefore we negotiated for space in the building in which there was a sprinkler system and there were very little funds needed for renovations'. Councilman Schmidt: Do you have a piece of property in mind that you would like to acquire, or is this just to give you some funds to look for some place, -Mr. Jones: We have looked at several as the proposal indicates, several facilities, we do feel however, that we would be able to purchase for the amount indicated as opposed to the $200,000 for Columbia School. We do feel that the $85,000 that we are requesting would enable us to locate a facility to amply fill our needs because the federal government or health and human services is our funding source and they have indicated to us that any facility that we locate, and that facility needs renovation to meet the licensing code, then they will supply us with those funds necessary to meet those licensing requirements. Councilman Hansen: Looking at those facts, if U -46 would give you a longer term lease would they also be willing to spend money in that building to bring it up to code so that you could occupy it for a while. r VOLUME XLVIII 135 Councilman Gilliam: U -46 is in the process of tearing down and renovating their entire structure of their administrative offices for the buildings that are located on Gifford Street and Chicago Street® Eventually that will house all of the offices in the district and on that floor and the second and third floors will be offices, Councilman Hansen: You are going to occupy the entire building for offices. Councilman Gilliam: There will be a combination of offices, adult education, also we will be involved in the media center, which is located out on McLean Blvd,, that will come into the old high school, bilingual, payroll, which is all part of a program to renovate and consolidate all the main offices for the district. Councilman Hansen: My other question sir would be, you just mentioned that you are funded right now.by the federal government, is that correct. Mr. Jones: That is correct. Councilman Hansen: My next question would be if they want the program and want it operational are they not willing to fund it. Mr. Jones: Not to purchase facilities, that would mean that the federal government would own the facility and they will not purchase facilities. They will give us funds to renovate providing there is a long term lease, but -they will not give us funds to to purchase any facilities. Councilman Andersen: I talked to Harvey Eisner today and Bill Farley and they said there is no problem continuing the balance of this school year and also for the entire 83 -84 school year. They could not definitely foresee anything beyond that but they had no reason to believe that they would not be able to use it in the 84 -85 school years so they are not about to be. evicted forthwith, Mr. Jones: You ask the question do we have to move and I guess we will have to look at it from two ways. Technically, if Mr'. Farley is absolutely right, when we look at it from Mr. Farley's perspec- tive, secondly, however, when we look at it from the Department .of Children and Family Services perspective and the other licensing agencies, the facility will not be licensed. No running water, no hot water, we are preparing meals from classrooms and we will not be licensed by the Department of Children and Family Services for that reasons So is Mr. Farley correct, will we be able to stay, will we be licensed and that is why we are in need of a-- permanent facility. Councilman Gilliam: Could we get someone from staff to answer if we would license a health facility to serve food under the conditions that this place is under now; Mr. Nelson: We don't license these facilities, 136 VOLUME XLVIII Councilman Gilliam: We must have sanitary guidelines that would f say would we permit this type of thing to go on; In places serving food in Elgin we have certain guidelines and regulations, would this place, by being located here, would they meet those guidelines. I know other places which have not meet the guidelines have been closed down, does the same apply to this organization. Mr. Jones: I think that when we are doing the overall licensing process someone from your Fire Department will come over and assess the facility, someone from your Health and Sanitation Department, and we firmly believe that if someone came over today I do not think that program would continue there, because it is of a temporary nature it is being allowed. Mayor Verbic. What is your budget for one year's time for this program. Mr. Jones: The total Head start program'ssbudget is $600,000. We don't have a budget just for the City of Elgin, we are serving 120 youngsters and our per child cost is about $2,100, that includes administrative costs, personnel costs, the monies to operate the bus service, the teaching staff and all the materials we provide to the youngsters. Councilman Waters: The facility that you are in right now, yyou say that you have a commitment through 1983 -84 and possibly 84- 85, but U -46 is not willing to say that the space that you are in right now is yours for as long as you need it or for a certain Tength of time beyond five years lets say. Is that correct. Mr. Jones: No. I have heard that U -46 is saying that we have until 1985. We have nothing in writing from U -46 that we are in deed able to continue our program there and 1 am still under the impression that we must leave until I hear otherwise. If we were to receive written documentation or confirmation from U -46 we would still have the problem of getting the facility licensed for another few years. Councilman Waters: It seems to me that it might cost much less to do the renovation in the present facility than it would be to purchase a whole new building and renovate. You are asking for $85,000 of block grant funds and block grant funds if I am not mistaken have been used for renovation for other projects, so it might be possible that block grant funds could be used to renovate the present facility assuming that the facility was available and that might be a whole lot less than the purchase,of another facility for renovation. Councilman Hansen: I understand that you can get federal funds to renovate a facility. Mr. Jones: Yes, we can get federal funds to renovate providing we get a long term lease. It cannot be a one or two year lease as I am hearing the school district is willing to do. VOLUME XLV I I 137 Councilman Shales: If a building were purchased with community development block grant funds who would own it. Who would be responsible for the maintenance, not the day to day particularly, but if the furnace went out. Roger Dahlstrom: If the city purchases any facility with block grant funds; the city can retain ownership of the building, the city can dispose of the building through donation. Generally, when the latter is followed the city donates the building with strings. In other words should the group disappear, for some reason not be able to maintain the building property, the building reverts to the City of Elgin. Councilman Hansen: My big concern with this is that we are going to open up the door to probably hundreds of similar requests to get into the real estate business for our social agencies and our governmental agencies. Apparently the federal government does not feel comfortable in purchasing your real estate for you and have a problem allocating precious HCD' funds for large'capital improvements. What would really solve your problem would be if you could find a facility with a ten year •lease and have the federal government come in and renovate it for you and then you would not need any HCD funds. Councilman Gilliam: Have or have we not given monies to agencies that are serving so called human needs and I -would use the Crisis Center for one. Roger Dahlstrom: The City of Elgin used block grant funds to rehabilitate that structure. The City of Elgin did purchase the Greater Elgin Senior Citizen Center for rehabilitation. Councilman Gilliam: So for us to say to this organization this is something that we have not done or it is unique, I think is wrong, because we have done that before and we have helped social agencies before as a city. Councilman Schmidt: Is it possible that we could reduce this amount that they are asking for and maybe that would help them get hot water to the room where they want to serve the meals, and then let them stay there at least another year or two. There certainly must be hot water in that building that could be brought over to that room, which would be much cheaper, because I feel we have more urgent areas for this money. Councilman Gilliam: I would like to take exception to that and say this. We are looking at $816,000 allocation and at $85,000 which is about ten per cent for something that is going to go for kids, 129 kids it is going to serve, if you have read your information regarding Head Start it has been a very 'important program for kids that have been deprived and those kids that have been served by Head Start have improved educationally, emotionally and socially, 138 VOLUME XLVIII I sit and look at us look at $61,000 for Old Main for an elevator 1-, which will serve probably no body in the city. That is a structur€ that we gave $61,000 to last year, we are looking at $61,000 this year and I see us saying are kid's needs, people's needs more important for us to take away from and then maybe possibly grant or give something to a structure that will serve a museum that no body really wants; We have poured tons of money into that place and it has served no one, the Old Main is a nothing. Mayor Verbic: I have gone through the list like everyone else and for example there is the Poplar Creek flooding project in which 102 homes and 23 businesses are involved, and the cost benefit factor is a much better return of $400,000 from the State and I think this is a very high priority item and is extremely important. Head Start has a place at the present time and I would feel very - comfortable in looking at this again in the future and hopefully maybe the Job Program from the State may provide eligibility as far as money is concerned. Councilman Gilliam: Apparently we are here,unlike in the past, because we have decided that we don't like the decisions that have been made by the committee that held the hearings and we feel that there are other items that are more important. I guess what I would like to know is how much money are we trying to cut out to serve those programs which we as a Council feel are important. You made mentioned of Poplar Creek and I am sure there may be some other ones that we either had budgeted or we had planned to get approved. So I think that what the Council is trying to say is that we want to do some cutting and I am saying lets pull the agenda out and see how much money we have to cut. I look at $61,000 for Old Main that -I believe could not or would not be used, you talk about accessibility, accessibility . to what. don't see much going on, there is the possibility that the funds may not be there, I look at that as something that.could, possibly be reduced or cut. Councilman Hansen: I think that you are forgetting Councilman Gilliam that the City in past Council meetings, which I was not • part of, has made a commitment to Old Main and once you start • program you have to commit yourself -to complete it. That is why I am in favor of long term capital financing plans, but at any rate I don't think you can say we can just drop Old Main now because everyone contributed, what are you going to do just give the dollar back to all of the kids that contributed to it. It is a difficult project to drop in midstream and that commitment was made by a Council several years ago. Councilman Gilliam: To use a phase that I heard the Mayor state,, I don't see Old Main getting off the ground this fiscal year and he made the statement to Head Start well if you have a home why don't you just stay where you are at and we will get you next year and I am just saying that Old Main does'nt seem to be VOLUME XLVIII 139 getting off the ground or things rolling with Old Main this year, and why don't we look at that funding next year. We gave $61,000 last year, the money has not been used yet and.we are going to turn around and give $61,,000 this year which will be $1.22,000 sitting there drawing dust or collecting interest and I am saying in that being prudent.. Councilman Hansen: In my mind it is, because sometime you have to save a little money down in-,the sox to build something you want in the.futurea. I think we have all done that in our personal lives and I think we have to find the mechanism to do that in the city. Councilman Gilliam: All I am saying is rather than have the money sit there and not be used, why not put the money where it can be used for this year and then next year if it can be used then re- allocate it again next year, Mayor Verbic: I met with the officers of the Historical Society, have been concerned with the fund raising program getting started to the point where they realistically start with the rehabilitation of the first floor. In speaking with the officers they assured me with the fund raising program which began last January 2nd, that big headways have been made up to this point and they have a contract whereby this Fall if funding is not available and that would include the funding for the money allocated tonight that they would not go along with the programs They feel very confident and would like to have this included because this is part of the $350,000 which is necessary. They have received pledges from people throughout the city and they assured me that if they do not complete their funding by the Fall monies will be returned to our programs in City Hall. Councilman Waters: With the direction that the discussion seems to be going lam ready to go on record at this point in favor of supporting the Head Start program, but I have my concerns and before I give my final vote l think we need to have some more conversation with U -46, because I am not convinced that this is our only ,option, and I am not sure that the properties that are identified for acquisition:, first of all can be acquired for the $85,000, nor that they necessarily have to be purchased.. I don't think there are any priorities any higher than the type of program that we are sponsoring here. I am just not comfortable at this point with this being our only alternative. Councilman Hansen: I will echo Councilman Schmidt's statement that we are not going to stop the Head Start program in Elgin whether we pass this allocation or not. The Head Start program is goi- ng, -to continue in Elgin because they have a $600,000 budget from the federal government and I am not convinced at all that purchasing a piece of property and renovating it is the cost effective way to deliver their services; I would like to see them explore spending a few thousand dollars getting up to code compliance in their present facility. 140 VOLUME XLVIII Councilman Gilliam: This Council has set aside $225,000 in our budget and the purpose of this meeting is to cut programs to get what we want and I think the sad thing about it is we should have told the hearing committee we want $235,000 and you should set that aside for us and then you can set your priorities® We should have done that to begin with but we did it backwards and now we have an agenda to cut $235,000. Councilman Waters: The general procedure with Robert's Rules is that if you are not in the prevailing side of a motion, you can not ask for reconsideration and l guess what I am asking is that in this process that it not be a formal Robert's Rule of Order Process, that there be reconsideration after we have.gone through the whole process and if there are other factors that come up between now and Monday night, we have an opportunity for some reconsideration, that is what I am after, Councilman Shales: What bothers me if this is yes or no them we don't have any alternatives and i think there are some alternatives. It is either not staying at U -46 or buying a building and I think there are some other alternatives. Councilman Hansen: I do not have the 1983 budget committed to memory could someone from staff refresh my memory and tell me where these items were budgeted® Roger Dahlstrom: The Council for many years has participated in the block grant hearing process by submitting a memo that comes from your budgetary process and this indicates what items, what programs, during the budget process you determine should or could be allocated to the block grant program. In the past that list has been complied with totally, in part and not at all by the hearing committees. There has only been one other time in the past nine years that the City Council has reconsidered the budget submitted to them by the hearing committee and that was 1977. The three that were included this year were the Poplar Creek Dike Acquisition at $85,000, a street resurfacing program, which was initiated two years ago with block grant programs in the neighborhood strategy area, that was budgeted for $210,000, and an accessibility ramp for the Hemmens Auditorium for $5,000.00. Those were the Council's suggestions per a memo submitted on April 4th to the Block Grant Hearing Committee, Councilman Hansen: I will make a motion that we deny the acquisition of the Head Start Building. Councilman Andersen: I will second that. Yeas: Councilmen Andersen, Hansen, Schmidt and .Mayor Verbi.c Councilmen Gilliam, Shales and Waters. Nays: VOLUME XLVIII 141 Emergency Housing Leased Building Councilman Gilliam: I will make a motion to approve this recommendation. (Motion died for lack of a second) Councilman Gilliam: I will make a reverse motion to deny this just to get it on the tables Councilman Shales: I" will second that. Yeas: Councilmen Anderson, Hansen, Schmidt, Shales and Mayor Verbic. -, Nays: Councilmen Gilliam and Waters. YWCA Annex Rehabilitation Councilman Hansen made a motion, seconded by Councilman Waters to approve this recommendation. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Acquisition and Demolition of Substandard Structures Mayor Verbic: Here the recommendation has been made by staff that time would only allow for one structure in a year's time, thereby reducing this program from $147,000 to $49,000. Councilman Schmidt made, a motion, seconded by Councilman Andersen to approve the recommendation for the reduced amount of $49,000. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Curb, Gutter, Sidewalk and Di vea A roc n Reconstruction ° oto e targeted to t e NHS Moe B k area Councilman Waters made a motion, seconded by Councilman Schmidt to approve this recommendation, Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Gilliam. Old Main Handicap Accessibilitv Councilman Gilliam: I think that I have made my position known from the start with Old Main. I have not supported it, except for the buck that I gave, my votes have been no basically and my votes will probably continue to be no. Arno Garbrecht: As President of the Elgin Historical Society I have indicated to the Mayor and City. Manager that the Society is still committed to this project. The mere fact that the Society is committed to the project will not make the project work, but we have joined with the City of Elgin because the City of Elgin felt and we still strongly feel that Old Main is a symbol of this community and will continue to be a symbol of this community. 142 VOLUME XLVII A decision will have to be made by the community as a whole within the next six months and they are going to have to search in their own heart and soul and come up with money. They are going to have to decide do we want a museum in this community. History is an educational tool, it is a mandatory requirement in all educational systems in this country and in Europe. We learn from history, history is reality. The children of this community deserve to know the roots of this community; they deserve to know our heritage and why Elgin is a great community, made the commitment to the Mayor today, we are under a lease to the city. The Society basically has to fish or cut bait along with the community and raise the necessary funds to get this off the ground by the first of next year. if we don't do it obviously vie want to see that the block grant funds that are committed be appropriated to an area that is best suited for those funds. Councilman Hansen made a motion, to approve this recommendation. Hansen, Schmidt, Shales and Mayor Gilliam and Wagers. Drake Field Improvements seconded by Councilman Shales Yeas: Councilmen Andersen, Verbic. Nays: Councilmen Councilman Waters made a motion, seconded by Councilman Schmidt to approve this recommendation. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Hemmens Auditorium Handicap Accessibility Councilman Hansen made a motion, seconded by Councilman Andersen to approve this recommendation. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Residential Rehabilitation Rebate Progr to include energy conservation Code Enforcement (NSA) P armnta Management atiAdminis on Contingency (Expand eligible work Councilman Waters made a motion, seconded by Councilman Shales to approve the above recommendations. Yeas- Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. o_ VOLUME XLV111 143 Mayor Verbic: Now according to my figures we have $220,000 left and l have given you my suggestions and I would appreciate your coming forth at this point with yours. The three of them which I mentioned were the flooding control by use of the Poplar Creek property, the business rehabilitation loan program and'the business interest subsidy loan program. Are there any other thoughts or ideas that you would like to present this evening. Councilman Hansen: You mentioned two items for business rehab and business interest subsidy and I would like to know if there has been any desire on the part of the business community for this, Roger Dahlstrom: These two programs are elements of the city's enterprise zone applications submitted sometime back and at that time we indicated these programs could not exist without that, but all of the individual organizations which supported the enterprise zone program realized that they were supporting these programs, one and the same, and this includes the entire Chamber of Commerce. Councilman Gilliam: What are we going to rehabilitate. Mayor Verbic: Any one of the stores who wish to come in for rehabilitation of their store fronts, appearance, etc., would be eligible to come in for a loan. Several cities have done this, 1. know Aurora recently used block grant funds for this purpose. If a new business wanted to come into town and in order to open they would have an opportunity to get a low cost loan and their payment would be repaid to the program. It is just basically a low cost loan program to get a business started. Councilman Waters: I would like to see the rehabilitation of the exterior of the NSH office included in that discussion. Councilman Schmidt: I would like to see the south east streets resurfacing discussed also. I feel a little uncomfortable about the business rehabilitation loan program and the business interest subsidy program. Mr. Nelson: This is not for your consideration this evening, but as you know you have $278,000 that you are going to have to allocate probably in the next 30-60 days,' That money is coming out of the Job's Bill and for you that means that money is going to have to be spent quickly, within at least 12 months, no longer than 12 months. Some of these items that are included here that we are not funding lend themselves to that kind of accelerated program, and street resurfacing' is one. In other words if you wanted to put $210,000 of that $278,000 that you are going to deal with, we could spend that this year. So although':you are not dealing with the $278,000 tonight, think about that as you look at these other items because you will be dealing with it in the next month of two. Councilman Hansen: 1 share some of Councilman Schmidt's concerns, I would like to see one or then other of those $75,000 business help programs in there, if we do get the enterprise zoning 1 would think we would want to include these. 144 VOLUME XLVIII Roger Dahlstrom: If our application is successful and we are offered an enterprise zone, we would be offered it on the basis of an application that included both of those programs. Councilman Hansen: I woul.d like to suggest that we split these two business loan programs in half and offer $37,500 on each one and then we would be funded up for at least the enterprise zone, and we would still have $75,000 left. I would make that a motion. Councilman Andersen: I will second that. Councilwoman Shales: Would those be adequate funds to do anything at all or would they be not much better than having nothing. Roger Dahlstrom: The staff is of the opinion that any expenditure would be made late in this fiscal year because we would go through a period of development, so that $37,500 would not be a problem. Mr'. Nelson:.There is another item you might want to look at and don't try to earmark your contingency fund, but you do have $71,000 in there as a contingency for the entire program, so if you happen to go over you could use that. Councilwoman Shales: Do we need to split that money, or make that decision now, we are going to spend $220,000, do we need to split that money. Councilman Hansen I think Councilwoman Shales has a good point and I inay have made my motion a little early, maybe she would like to discuss the other items that have been mentioned before we do any voting on any of these fill in projects. If she would like to do that I withdraw my motion, Councilwoman Shales: I wondered what the necessity at this point was for dividing that money up. Councilman Hansen: on that basis I am willing to withdraw my motion, and get some more discussion on some other items. Councilman Andersen: I will withdraw my second to the motion.: Mayor Verbic: Now is there a motion from anyone of the Councilmen with regard to the additional monies which have been left for expenditures, _Councilman Hansen made a motion, seconded by Councilman Waters to approve the Poplar Creek Dike Land Acquisition to control flooding, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor V'erbic. Nays: None. Joan Blackmon, Elgin Housing Authority: It appears that the Council is somewhat groping for places to use the remaining funds that have not yet been allocated and I would ask that you go back and re- consider your options. Reconsider an application that was ranked second in priority by the participation committee because of it's importance in providing a vital need in this community. Elgin does have homeless people and that something has to be done to VOLUME XLVIII 145 eliminate this problem. I guess last week there was quite a bit of discussion about the lateness of the Housing Authority application and matters of that nature and I think we lost sight of what we really intended to do here. I do know an extension was given to another group that had intent to make an application very similar to the Housing Authority, but withdrew when they learned of our application. I ask that you reconsider i community development block letter that was sent to all stipulates that the primary development of viable urban suitable living environment for low and moderate income i light of the primary purposes of grant funds that was stipulated in the of us by the City of Elgin that purpose for these funds is for the communities that include decent housing, and economic opportunities primarily people. The Housing Authority of Elgin traditionally has been the agency that has dealt with the problem of homelessness, and I do not have the housing so we must look for alternatives and I ask you to consider that. After further discussion by the Council, Councilman Hansen made a motion, seconded by Councilman Andersen to allocate the remaining funds as follows: Rehabilitation Business Loan Program $37,500 Business Interest Subside Loan Program 37,500 Rehabilitation of Exterior of Neighborhood Housing Services Office 25,000 Street Resurfacing 35,000 Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: Councilmen Gilliam and Waters. Councilwoman Shales: In the future we should inform the hearing committee as to what has been budgeted from these funds and we should allow public service agencies to apply for ten per cent of the funds received, Mayor Verbic: This would be a policy that the Council.would have to decide and vote on. Councilman Waters: I would appreciate it if the City staff could be involved with individuals trying to arranger for emergency housing. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Hansen to adjourn the Council Meeting to go into Executive Session. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, The meeting was adjourned at 9:15 p.m. Marie Yearmahl, City Clerk VOLUME XLVIII May 9, 1983 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 9, 1983, at 8:12 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, Chaplain at the Elgin, Mental Health Center, and the Pledge of Allegiance was led by Councilwoman Shales. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None, MINUTES OF THE APRIL 25, 1983 COUNCIL MEETING APPROVED AS PUBLISHED 146 Councilman Waters made a motion, seconded by Councilman Gilliam to approve the April 25, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS 1983 Police Awards Presentations Mayor Verbic: This is the second annual awards presentation for the Elgin Police Department and I call on Chief Baird to make these awards. Chief Baird: The awards being presented this evening have been earned over an :extended period of time. One can easily see they are difficult to earn and are meaningful to those who receive them. We have three types of awards that non- departmental ribbon recognizes award from an outside organization award would be the American Legion the third catagory would be the se County Officer of the Year. are being presented tonight, the officers for having received an or agency, another non - departmental Officer of the Year award, and lection of an officer as Kane The second award is the Meritorious Service Award, which recognizes sustained high performance. The last catagory of awards this evening is the Distinguished Service Commendation, which recognizes out- standing individual acts of performance. Mayor Verbic and Chief Baird presented awards to the following officers: Mark Brictson Scott Davis `' -- Harold Johns Paul McCurtain Terry Sterricker Bruce Zweig David Copher Brad Entler Eric Isom Allan Piske Richard Tucker 147 VOLUME XLVIII Mayor Verbic: I am very proud of you gentlemen and I hope that the citizens of Elgin are aware of what you have done to receive these awards. I want to thank you for what you have done in the past and may the future be one where you shall continue to perform in the manner that you have up to this date. Petition submitted by the residents on Sioux Drive Mrs. Harold Holtz: This is my second trip up to this microphone within the last few years. It seems I,am up here about the same thing except just a little bit different. I represent the residents of Sioux Drive in Blackhawk Manor, who have signed the petition you have in front of you. My husband and I happen to be one of the victims of a break.1nto our home. We took all of the precautions that we were supposed to take. Sioux Drive is only one long block with only two lights, one at the intersection of Algonquin Drive and one at the intersection of Indian Drive, nothing in between. I will say this, since these burglaries have occurred I have had a very nice letter from Chief Baird, I have had a;ni.ce telephone call from Captain John Lawrence, a telephone call from an Officer Buck about crime prevention and we residents on Sioux Drive are very aware of what we should be doing. What we would like to know is exactly what, if anything, is the f° City of Elgin going to do about Blackhawk Manor, which -I believe is at the end of the stick, for patrolling, lighting and everything else. Mayor Verbic: We thank you for bringing this to our attention and I am aware of the fact that Chief Baird has written you and I know that they are concerned as are the Council members and myself. We are fully aware of the need for additional lighting and I have talked to the City Manager about this and one of the first things that we are going to approach on the basis of money availability is the lighting situation. BID AWARDED FOR REPAIRS TO FLOOR SUPPORT AT FIRE STATION Councilman Gilliam made a motion, seconded by Councilman Waters to award the bid for repairs to the floor support at Fire Station #5 to the low bidder, Erwin Scholl for a total amount of $5,496.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FIRE DEPARTMENT MONITORING SYSTEM Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for a Fire Department monitoring system to the low bidder, Continental Telephone of Illinois for a total amount of $6,022.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Councilman.Hansen to award the bid to the low bidder amount of $6,571. Schmidt, Shales, 148 BID AWARDED FOR CONSTRUCTION OF PARKING AREA ON WATCH COURT made a motion, seconded by Councilman Gilliam for construction of a parking area on Watch Court Wayne E. Zimmerman Construction for a total 10. Yeas: Councilmen Andersen, Gilliam, Hansen, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TREES ON FULTON STREET Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for trees on Fulton Street to the low bidder, Charles Klehm & Son Nursery for a total amount of $4,193.00. Yeas: Councilmen Andersen,.Gilliam, Hansen,.Schmidt, Shales, Waters and Mayor Verbic. Nays None. BID AWARDED FOR WATERMAIN PIPE AND RELATED MATERIALS Councilman Hansen made a motion, seconded by Councilman Gilliam to award the bid for watermain pipe and related materials to the low bidders, U.S. Pipe & Foundry for $68,437.89 and to Sidener Supply Company for $4,074.413. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Wagers and.Mayor Verbic. Nays: None. PETITION 5 -83 REQl1ESTING AN R -2 SINGLE FAMILY RESIDENCE DISTRICT SPECIAL USE Roger Dahlstrom: The subject property is located immediately north of and adjacent to the District's north plant. The Sanitary District proposes to increase the plant capacity of the north plant and that is the purpose of this petition. The Sanitary District must secure zoning approval prior to completing and submitting it's.application to the State for expansion of the plant. Specific site and building plans cannot be prepared prior to State funding approval. Subse- quent to zoning and funding approval, specific site and building plans will be prepared and prior to construction the Elgin City Council must conduct a public hearing regarding the proposed plant expansion, as required by State Statute. The subject property is approximately three acres and is unimproved at-this time. This petition should be viewed as an expansion of the existing facility and provision of additional treatment capacity within the north plant service area will become critical to the future growth and development of Elgin. At it's regular meeting of March 21st, 1983, the Land Use Committee recommended the approval of Petition 5 -83, subject to additional conditions by a vote of 6 -0. 149 VOLUME XLVIII Attorney Lyle Brown, representing the Elgin Sanitary District: The plant as it exists is constructed on a rating of 24.4 MGD capacity, that's the tankage and that is the way it was designed. However, because of the effective operations the Illinois EPA has increased the rating capacity to 3.5 MGD. This is because the tanks are any bigger or that the facilities are any bigger, it is because of the operating efficiencies that have been achieved at that plant. Councilman Schmidt: In reading this over I noticed that you are talking about the increased growth of Elgin in the northwest area, I also noticed that you had mentioned bringing in the waste water treatment for West Dundee. Is this being planned now or will it be incorporated at a future date. Attorney Brown: The total project that would be involved in increasing the Elgin northeast treatment plant, the pipeline costs and some refurbishing, which Dundee is required to do to eliminate inflow and infiltration, would amount to about $13 million dollars in grant funds and that would be roughly 75% of the projected total cost of the project. With the situation from Washington on down it looks more doubtful that the entire project would be funded. By combining this with Dundee we would take their priority number as opposed to ours, which is considerably lower than ours which i.n fact means higher. This would move our project into a position to qualify for 75% funds and we are very certain that if it is not combi:ned.wl'th Dundee we would not qualify for more than 55% funding. Dundee has passed a bond issue which would cover 'their local share. They have moved forward to the point where they have been offered, under certain conditions a grant. Dundee was faced and is faced with the possibility of a plant redesign if the plant is not regionalized with Elgin'. Councilman Waters made a motion, seconded by Councilman Schmidt to approve Petition 5-83. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 8 -83 REQUESTING A REZONING FROM Roger Dahlstrom: This property is located on Melrose Avenue and is comprised of two lots. The northerly 12' lots are owned by Mr. Chester Bowser, the southerly '-z lots are owned by the Larkin Avenue Baptist Church and the property on Aldine-'is owned by' Mrs. Pasholk. The Larkin Avenue Baptist Church has joined in this petition in order to maintain zoning boundaries. VOLUME XLVIII 150 Mr. Bowser desires to construct a three unit apartment on this property on Melrose.- A successful rezoning would also permit Mr's. Pasholk to convert each of her two existing single family residences to two residences, for a total of a possible seven dwelling units on the sites. At it's regular meeting of April 4, 1983, the Land Use Committee recommended the approval of Petition 8 -83 by a vote of 5-0. Councilwoman Shales made a motion, seconded by Councilman Schmidt to approve Petition 8 -83. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 10 -83 REQUESTING A'REZONING FROM B-1 COMMUNITY BUSINESS DISTRICT TO B-3 SERVICE BUSINESS DISTRICT, PROPERTY LOCATED AT 1016-1046 NORTH LIBERT(STREET; AND RE UESTING SPECIAL USE FOR AN ELECTRONIC GAME CENTER AT 1046 LIBERTY 7-7:7-DENIED Roger Dahlstrom: A petition was filed by Mr. Bruse Minus and Mr. Lambert Soto, that requests a rezoning from B -1 to B -3 and a special use for an electronic game center. The subject property is located at 1016 -1046 N. Liberty and 571 -575 Keep Avenue. The proposed electronic gamecenter is to be located at 1046 N. Liberty. At it's regular meeting of April 18, 1983, the Land Use Committee recommended rezoning approval and special use approval subject to certain conditions by a vote of 5 -0. Jerry Kerley of 911 Alma Avenue: I would like to present petit.ions opposing 'a game room at this location. (Petitions contained 78 signatures). Kay Hitzman, 1219 Sherwood Avenue: There is no parking up there at all, so please don't put this on the north end people. Mayor Verbic: I know the Police Department, in reading the transcript, they expressed their concerns about the traffic and Mr. Deering also remarked in the transcript about the parking problems. I travel this road each day and I am well aware of the problem with parking in the area and also when you are coming off of Dundee into Liberty. Bruce Minus, 322 Hamilton.. I am the President of Wizards, Inc., here in Elgin. We run Wizards at 728 W. Chicago Street in Elgin. We have been in business for two years, 1 believe that the synopsis of our operation in letters of recommendation submitted to the Board is a proven testimonial of how we operate.our business. We have become a household word, not only do we attract children, but we have the parents of the children and a strong adult clientel. The location we are looking at, first of all, the safety of the children, Congdon Avenue is a couple of hundred feet away, any children coming from Larsen School do not have to cross Liberty 151 VOLUME XLVIII or Dundee. I have been there several mornings and children are €" constantly crossing that street going to and from school. Ryburn Records was there, there were records and games at that point, Sotos TV has game cartridges and Beef Villa, children frequent all of these businesses presently. For the parking problem, I don't believe this is going to be a problem, basically because the type of clientel we have is usually later in the day when normal retail business is closing. We feel there is going to be ample parking, when you go there after the businesses are closed there are a good 20 parking spaces available for our use. I feel our record in the community, we want to expand our operation in order to sustain this type of activity in the community, we feel that there are many people that can use our type of services, we have excellent programs not only for the kids, but we participate in many of the other city organizations, f feel there might be a slight problem with the safety, but I think you have that any where you have children and I for one am not going to put a child in a position where he is going to be endangering himself. Citizen: I live in that area and I work for the City of Elgin as bus driver, that is a very dangerous area.- We have problems already with the kids, they have those game machines at the ice cream place and I am begging you not to put that game center there. Councilman Schmidt: in this petition there is a statement saying they were going to put in a bicycle rack on the property and I would like to know just where on the property that would be located. Mre- Minus: Just outside the door, which is on Keep Avenue, there is a section that is not stripped for parking, it is off the street and that is where we will situate the bicycle rack. Mayor Verbic: There is absolutely no room: there for a bicycle rack. Councilman Schmidt: It says it is going to be located on the property, that is not`on the property. Mr. Minus:. That is on the parkway right in front of the sidewalk. Councilman Gilliam: I feel that we have approved other game centers throughout the city, in other areas that have been just as,hazardous and I guess I would ask how you would expect someone to get to downtown Elgin if they did not ride a bus, they would have to walk or ride a bicycle to the one downtown. We approved one in Big Oaks Shopping Center., we approved one on North Street, and people have to walk to get there. I guess I am saying that I don't know how else you can get around in Elgin, if you are a kid and you don't have a bicycle, but you have to cross a street, and I assume that most kids have crossed a street before in their lives to get to school or get downtown and I don't see this as being any different. VOLUME XLVIJ11 152 feel it is an appropriate use for that intersection and I feel the excuse for kids crossing or it being busy is not appropriate. Councilman Schmidt I would like to call it to the Council's attention that it does say that a bicycle rack is to be installed on the premises. This is the way the petition reads. Mr. Minus: When you have parking facilities they are usually considered common grounds and we don't have the bicycle rack premises but we have had no problems with that. We have been operating in the city for two years and I have never had a complaint. If you want to talk about petitions I could have put up one that would make any petition look small, just with adults and parents, as to how we run our operation. Councilman Hansen: Is it legal to put a bicycle rack on a public sidewalk. `Attorney Blondin: We could permit it on the parkway, the Director of , Public Works can authorize it. Councilman Gilliam made a motion, seconded by Councilman Waters to approve. Petition 10 -83. Yeas_ Councilmen Gilliam, Shales and Waters; Nays: Councilmen Andersen, Hansen, Schmidt and Mayor Verb i c. Roger Dahlstrom, Mr. Anthony A. Bonavolonta has submitted a preliminary plan and final plat for the proposed Tyler Creek Plaza Subdivision. The subdivision is intended to facilitate property ownership for the future occupants of the proposed Tyler Creek Plaza shopping center. It should be noted Business District. developed with any requirements of th developed within a land that the subject property is zoned B -3 Service Accordingly, the subject property can be of the B -3 permitted uses, subject to the e B -3 district. A shopping center can be B-3 district with or without a subdivision of It should be further noted that while the proposed subdivision is directly related to a specific shopping center site plan,. the approval of the proposed subdivision does not necessarily guarantee conformance to the shopping center site plan.. The approval of the proposed subdivision can only guarantee the configuration of lots and the location of access points. At the time this petition came before the Land Use Committee there were some staff concerns, both by the Planning Department and the Engineering Division of the Public Works Department, concerning 153 VOLUME XLVIII proposed access points, the number of and specifically the location of those access points, both on Big Timber and North McLean Blvd. Our concerns were not just for the traffic but for the location of those access points in what we felt was a bad position relative to the turning lanes and the five lanes of traffic that stack up at that intersection, Mr. Bill Carter, Superintendent of Highways for Kane County, shared those concerns with us. However, in the interim, since the Land Use Committee reviewed this particular plan, we have met with the petitioner and the 'petitioner has also met with Mr. Carter, and we are all of the opinion that the access point problems have been resolved to everyone's mutual satisfaction. At it's regular meeting of April 18, 1983, the Land Use Commi',ttee recommended preliminary plan and final plat approval for the ',Tyler Creek Plaza Subdivision by a vote of 5 -0. Mr. Bonavolonta: I represent Interstate Shopping Centers of California which will develop the shopping center that you have before you. We have revised the plan, we have met with the Kane County Highway Commissionor and your staff and we feel that we have overcome any of the problems that we had before regarding our plan. We are now 345 feet east of the intersection of Big Timber and 'North McLean, so we are entirely out of the stacking lane. The plan does work out much better than what we originally had. Councilman Waters made a motion, seconded by Councilman Hansen to approve this petition. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and,Mayor Verbic._ Nays: None. RESOLUTION ADOPTED AUTHORIZING FILING APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilman Hansen made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Councilman Gilliam: I believe that from the feedback that l have had that there has been some discussion with the School District regarding the facility and I would like to be privy to that discussion. Mayor Verbic: Nothing was finalized but preliminary discussions will be forthcoming with U -46 and I had spoken with the City Manager with regard to the possibility of negotiations and discussions as far as Franklin School is concerned; The second thing that I have been aware of is on Wing Street where the rehabilitation place is, I "believe there are 23,000 square feet and this might be an excellent place for the Head Start program. This may a site that has been overlooked and I bring it to your attention as a possibility of it being used for that purpose. I do know that there is a firm lease with U -46 until June, 1984, but we are also going to be discussing with U -46 officials the possibility of Franklin School. VOLUME XLVIII 154 Councilman Gilliam: Even though we are in the process of discussing with U -46 the possible lease or the use of 'Franklin School, would the Council entertain a suggestion or a motion that in case that would fail that we would be willing to allocate $85,000 for this year that would be necessary to help Head Start to purchase a building. Mayor Verbic: I spent a lot of time looking , ovei -,the; last eight .years of this program. and the City of Elgin at the inception of this program, going back to 1974, we have allocated a tremendous amount of money, for example, Lincoln School, Clifford / Owasco, St. Francis, Ryerson Park, Watch Court, Grolich Park, Observatory Park, Clifford/ Frazier and the Wing Street Tot Lot Playground, you are talking about almost $800,000. We have allocated money for curb, gutters and sidewalks,, and we are mandated by the Act to use this money In the low and moderate income areas of the City. We have given the Neighborhood Housing Services with over $300,000 in the last four years in establishing their program. The low cost rehabilitation program, which effects everyone in the City of Elgin, we have allocated $820,000 in a period of five years. What we have tried to do rather than raise city taxes is to use this money for capital expenditures and if we did not allocate the money as we have been doing for the last eight,years in any of these programs which I have just mentioned, the money would have had to come out of the taxpayers. Some cities have allocated their -money to social services and they have had to raise their taxes. Councilman Gilliam: I think your comments a in the past show our wisdom and our guidance the community by allocating this money, that been enlightened and had the foresight to do taking a step backwards into darkness by not Head Start. :)out,what.we have done that we have given shows that we have that. Now I see us giving ; this, money `to Joan Taylor-of 1066 Highland Avenue: I am proud to be here as a private citizen on behalf of some 858 petitioners to present these petitions to the Council tonight. One caring woman became concerned about what she saw as an inequity in the Community Development Block Grant planning last week, when the Head Start funding was omitted, and she started this petition. Some twenty people spent part of Mother's Day distributing this and many were signed in our City's churches. Had we had another week obviously there would have been hundreds more and there will be more sent to you; The Head Start program provides an opportunity for three year olds and four year olds to feel from low income families to find out that society cares about them by enriching their lives with supportive atmosphere. 155 1 VO "LUME•XLVIII I would like to read the petition: We the undersigned residents f' of the City of Elgin do request that Mayor'Verbic and the other members of the Elgin City Council reconsider their priorities on the disbursement of the federal block grant funds. We believe the children are our most precious asset and hope for the future. With this consideration in mind, we request that Mayor Verbic and the other dissenting members of the Elgin City Council reverse their pr -ior decision, support the development of human potential, and release the necessary $85,000 for purchase of a building for Operation Head Start. Doretta Williams;+ President of the League of Women Voters: Because of the abbreviated nature of the HUD hearings thi's year various civic groups did not have a change to correlate their various proposals and have a change to hear what each others proposals were. The League has always ° supported funding that benefits human services, such as Head Start and the Emergency Housing Service that has been requested by the Housing Authority. 'We feel that HUD block in spirit was meant to support these kinds of social services; because funding has not gone into it in the past does not mean that those children are not still there and they still need the funding and the help from the HUD block funds. 'Counci'lman Waters: If we are to reconsider the resolution is the only vehicle we have to get to the reconsideration of the budget.. I don't see any other way to get before the Council a reconsideration of the budget except to attach it 'to this motion to approve this resolution. Attorney Blondin You could make a motion to amend the budget at this time. Councilman Hansen: I would view that as being unfair to the other applicants =. We,have had a public hearing, at which time - proper notice was given to all the participants and I don't'think' that would be fair to them unless they were present to speak in favor of their part:i.cu'lar items. - Councilman Gilliam: You have had people from the League of Women voters voice a concern. You have had people from the educational system express a concern, ministers from the community express a concern, about the needs that are being neglected and "I think you have had a.voice from the community saying that we are not addressing the needs that are very important. Councilman Waters: I would like to give us something to consider and I would like to make a motion and after 1 have made the motion I would like the opportunity to explain why I have done this. I would make the motion to amend the motion to approve the resolution by reinstating in the budget for the HCD Funds $85,000 for the Head Start program and I would do this by dropping $35,000 from the south east street resurfacing, $25,000 from the NHS Office Exterior Rehabilitation, and $25,000 from the Old Main Handicap Accessibility. VOLUME XLVIII 156 I would include in that motion that these funds be allocated for a period of six months and if not obligated within the six months period, the priorities originally stated be reinstated. Councilman Gilliam: I second that motion. Councilman Waters: I have worked with United Way in a variety of capacities. One of the privileges that I have had in working with United Way was working through a process of trying to establish additional child care centers in the City of Elgin, which was a priority of United Way.` The efforts which we initiated at that time were unsuccessful and the funds that had been dedicated to that were reallocated to other agencies when we were unsuccessful in reaching our goal in our campaign that year.' That priority still exists, there still exists a need within this community for additional child care programs. Head Start is not a baby sitting program, Head Start is breaking a lock step cycle for low income families and it is giving children a chance that they have not had before. We are not 'building by purchasing a building, we are not building in a continued subsidy of the Head Start program, we are building in a one time allocation of funds, it will not be returning to the City for continued subsidizat.i.on in the future and thus higher taxes. In the public hearing we heard that we have an additional $278,000 to be allocated and that $278,000 are funds that have to have immediate allocation and utilization. The south east street resurfacing and the NHS office exterior rehabilitation were projects identified that could very easily be spent in the time period that we had described to us for these additional funds. That is the reason I have chosen to drop the funding from this budget with the thought that they could be reinstated with the additional funds. Roger Dahlstrom: The six month time frame will be very difficult. We will not have environmental clearance of funds that we apply for immediately. Additionally, no one has an idea of where this site is yet, consequently it may take a little bit of looking. To purchase property with federal funds, property of this expenditure level, we would have to g6f at"lea5f two independent appraisals and we would have to spend a little time in negotiations. If you are going to include it I would suggest a somewhat longer time period, otherwise you will be making it very difficult to achieve at all. Councilman Waters: Before the question is put to the body I will change that motion to ten months if that is more acceptable than six. Yeas: Councilmen Gilliam, Schmidt, Shales and Waters; Nays: Councilmen Andersen, Hansen and Mayor Verbic. Mayor Verbic called for the vote on the resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. 157 - VOLUME XLVIII RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND CUAvIUNITY 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 Eight Hundred - Sixteen Thousand Six Hundred and Forty Dollars ($816,640). 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 corre- spondent of the City of Elgin, s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 9, 1983 Adopted May 9, 1983 Vote: Yeas 7 Nays. 0 Recorded: Attest: jam@ ca%� -c A s/ Marie Year n rie Yearman, City Clerk ION ADOPTED REAPPOINTING JAMES H Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas, Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and.Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION REAPPOINTING JAMES H. BOLERJACK, JR. AS CITY TREASURER OF THE CITY OF ELGIN, ILLINOIS WHEREAS, James H. Bolerjack, Jr. has heretofore been appointed City Treasurer of the City of Elgin, Illinois; and WHEREAS, the Mayor and members of the City Council concur in the. reappointment of James H. Bolerjack, Jr. as City Treasurer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James H. Bolerjack, Jr. be and is hereby reappointed to the office of City Treasurer of the City of Elgin with all power, authority and duty of the office as City Treasurer, as established by the statutes of the State of Illinois and ordinances of the City of Elgin. s/ Richard L. Verbic Richard L. er ac, Mayor Presented: May 9, 1983 Adopted: May 9, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION REAPPOINTING MARIE YEARMAN AS.CITY CLERK OF THE CITY OF ELGIN Councilman Schmidt made a motion, seconded by Councilman Hansen to approve the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 158 159 VOLUME XLVIII RESOLUTION �- REAPPOINTING MARIE YEARMAN AS CITY CLERK OF THE CITY OF ELGIN, ILLINOIS WHEREAS, Marie Yearman has heretofore been appointed City Clerk of the City of Elgin, Illinois; and WHEREAS, the Mayor and members of the City Council concur in the reappointment of Marie Yearman as City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Marie Yearman be and is hereby reappointed to the office of City Clerk of the City of Elgin with all power, authority and duty of the office as City Clerk, as established by ordinances of the City of Elgin. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 9, 1983 Adopted: May 9, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: Y1 M �ar ire Yqr Marie Yearman, City Clerk TION ADOPTED AUTHORIZING EXECUTION Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. f VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF A FARM LEASE WITH COLLINS BROTHERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectfully authorized and directed to execute a farm lease with Collins Brothers, a partnership, a copy of which is attached hereto and made a part hereof by reference. Presented: Adopted: Vote: Yeas Recorded: Attest: May 4,; 1983 May 9, 1983 7 Nays 0 ac"_ � s/ Marie Yearman Marie Yearman, City Clerk 7� s/ Richard L. Verbic Richard L. Verbic, Mayor THORIZING EXECUTION Councilman Gilliam made 'a motion, seconded by Councilman Waters to adopt the aforementioned resolution. .Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, "Waters and Mayor Verbic. Nays: None. 160 161 VOLUME XLVI11 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH LEISURE CONCEPTS AND DESIGN FOR PROFESSIONAL SERVICES 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 directed to execute on behalf of the City of Elgin an agreement with Leisure Concepts and Design for professional services for the design and construction of baseball diamonds, a copy of which agreement is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 9, 1983 Adopted: May 9, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AMENDING THE U. S. CONFERENCE OF MAYORS DEFERRED COMPEN- SATION PROGRAM HERETOFORE ADOPTED AS A DEFERRED COMPENSATION PROGRAM FOR EMPLOYEES.OF THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLV111 RESOLUTION AMENDING THE U.S. CONFERENCE OF MAYORS DEFERRED CO�TENSATION PROGRAM HERETOFORE ADOPTED AS A DEFERRED CWENSATION PROGRAM FOR EMPLOYEES OF THE CITY OF ELGIN WHEREAS, the City of Elgin has heretofore adopted the U.S. Conference of Mayors Deferred Compensation Program as a deferred compensation program for participating employees; and WHEREAS, the City of Elgin has also heretofore adopted the I.C.M.A. Retirement Corporation Deferred Compensation Program as an alternative deferred compensation program for participating employees; and WHEREAS, certain participants in the U.S. Conference of Mayors Deferred Compensation Program have requested that compensation deferred under said program be transferred to the I.C.M.A. Retirement Corporation Deferred Compensation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the U.S. Conference of Mayors Deferred Compensation Program heretofore adopted by the City of Elgin be amended.by adding the following: "8.01 Any funds deferred by any participant in the U.S. Conference of Mayors Deferred Compensation Program as adopted by the City of Elgin may be transferred to any other plan ( established by the City of Elgin upon written notice to the Administrator and the City of Elgin directing such a transfer." BE IT FURTHER RESOLVED that a certified copy of this resolution be mailed to the Administrator of the U.S. Conference of Mayors Deferred Compensation Program adopted by the City of Elgin. s/ Richard L. Verblc Ric a—rd L. Ver,ac, Mayor Presented: May 9, 1983 Adopted: May 9, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: sari`e�Y- arMan Marie Yearman, City Clerk 162 163 VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VENDORS Layne - Western Co. $42,180.29 Northwest Ford 2,707.48 Alfreda Sowers 2,530.00 653 Wing St. NHS and Richard Ward 577 Raymond St. 5,8.17.00 NHS and Carol Johnston Repairs to deep wells Repairs to Sanitation Truck Residential Rebate Program NHS Revolving Loan Fund Program 604 Margaret Place 4,346.00 NHS Revolving Loan Fund Program Councilman Gilliam made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Elgin Fire Department 1982 Annual Report Public Property and Recreation Board.Minutes 4/26/83 Parking Lot Revenues 4/1/82 through 3/31/82 Building Permit Report for April, 1983 Public Works Report for March, 1983 Councilman Wagers stated that he would like to commend the Fire Department for the excellent annual report that was prepared. Councilman Gilliam made a motion, seconded by Councilman Waters to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ANNOUNCMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Andersen to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 10:40 p.m. Marie YearmaN City Clerk r VOLUME XLVIII May 23, 1983 164 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 23, 1983, 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 the Mayor and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic; Absent: None. Also present: Nelson, yearman, Jentsch, -and members of staff. MINUTES OF THE MAY 4, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Hansen to approve the May 4, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. MINUTES OF THE MAY 9, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Schmidt to approve the May 9, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Chicago Home Builders Association of Greater Chicago. Mayor Verbic: We have a report tonight from the Chicago Home Builders Association of Greater Chicago and representing this group is`Ed Sorenson, who has been active in the home building industry in Elgin for the past twelve years. Ed Sorenson: I am here tonight as President of the Greater Chicago - land Housing Foundation and I want to thank you Mayor Verbic and the rest of the Council for allowing us to take a look at Elgin's building codes, zoning ordinances and subdivision regulations. The Fundation turned to the Technical Committees of the Home Builders Association of Greater Chicago for help in this assignment and their people put in a lot of work in bring this report to you. I have asked several of them to come here tonight and help present this report. Since you have not had a chance to read it, I have asked them not to discuss the findings of the report, but merely to tell you how it was prepared and what they did in preparing it. I am certain that they would be very pleased to come back at an appropriate time and meet with whoever you might designate from the City to discuss the a; 165 VOLUME XLVIII recommendations in the report. If l may I would like to introduce �... Arleen Struck, who headed up this particular report. Arleen is construction superintendent for KRSS Development Corporation and she is also Chairman of the Techn1cal Codes Committee of the Home Builders Association. Arlene Struck:- On behalf of the Home Builders Association of Greater Chicago I would like to thank you for giv -ing us the opportunity to open the lines of communication between your municipality and our organization. We are pleased that you felt that we had people with the kind of expertise that you felt might be of some value to your efforts here in the City of Elgin. Primarily our report is broken down into two parts.- The building code analysis was assigned to a special sub-committee, it was spearheaded by Mike Harkins, who is an associate architect with W. E. Nelson and Associates. The subdivision regulations and zoning ordinances were assigned.to the Land Development and Zoning Committee and that was spearheaded by Michael Ives, Land Planner and Landscaper Architect. At this time l would like to call these men forward to-give their explanation of the analysis. Mike Harkins_: I- and my committee have reviewed the building codes and building regulations that you currently now have in force in the City of Elgin. When we reviewed your codes we basically reviewed them as to content and the basic amount of up to date codes that were, in force at this time. Items that go past the intent of codes were looked at and seemed at the time not to be as relevant as they were when they were originally written. We went basica;iiy to many different federal agencies, also the President's commission on housing this year in Chapter 16 has addressed just exactly what we are trying to do with your City's codes, and basically at this ,point that is what we have used for a basis for the report. Many of the recommendations that are addressed in that report have been used by ourselves also.. We also were in touch with BOCA International_, which is headquartered in Chicago and have used many items that they have ,helped us with also in this code review. I would like to make sure that you realize that the code review recommendations are just recommendations at this point. Any ideas that you have, any questions that you have on our recommendations we.would like to have a part of your review of those recommendations and possibly the implementation of the recommendations. Mike Ives: We have been working on this project for about six months and we had a concerted, coordinated effort with two committees of Home Builders Associati.on,of Greater Chicago. The ranks of that combined committee is about 42 members, We have about 20 .builders, 12 architects, engineers, planners, attorneys that are well vested in municipal type governmental work and we have other allied professionals We believe that we have been able to simulate a group of professionals that are highly qualified, probably the most qualifed in the Chicagoland area and we are basically very proud of our work and we hope that we can sit down and talk with the City staff of Elgin and other members that you so duly appoint, to review some of our ideas and concerns that we have made mention of VOLUME XLVIII We have spent hundreds of hours in reviewing the Elgin codes and reporting our ideas to you. We believe this ,is a.fantist.ic idea on behalf of the City of Elgin, from the standpoint of Elgin's recent amendments to the comprehensive plan. We believe that the building code, the zoning ordinances and subdivision regulations are basically the implementation arm of the comprehensive plan. Unless you have something, that is current, practicable,_ workable, you are not going to go anywhere. We have some new planning concepts, engineering concepts, such as TRD (transfer development rights) or performance type zoning, rather than a standard in a zoning just for the sake of having a standard, without having any purpose. We have provided what we feel to be recommendations of the zoning -a'nd subdivision regulations to provide the needed housing in an affordable. manner, As Mike Harkins and Mr. Sorenson stated we welcome the opportunity to sit down with the planning staff and go over our recommendations. Mayor Verbic: We will take the opportunity to look this material over and then put it on a Committee of the Whole Meeting for discussion. We appreciate your time and effort. BID AWARDED FOR LIQUOR CONCESSION AT THE HEMMENS- BUILDING- Councilman Schmidt made a motion, seconded by Councilman Hansen to award the bid for the liquor concession at the Hemmens Building to the sole bidder, Liquorland Enterprises Inc., at the commission rate of 15.5% of gross receipts, excluding sales tax, for the next two years. Yeas: Coucilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None, BID TABLED FOR 19" HAND MOWERS Councilman Hansen made a to table the bid for 19" Gilliam, Hansen, Schmidt, None. motion,,seconded by Councilwoman :Shales Hand Mowers. Yeas: Councilmen Andersen, Shales, Waters and Mayor Verbic; Nays: Roger Dahlstrom: The subject property is approximately 12,,000 square feet. The property is improved with a one story masonry structure and a gravel parking lot. The floor area of the structure is approximately 2250 square feet. The subject property is located within the Dundee Avenue/ Summit Street commercial area. This area is zoned B -1 and B -3, land use includes various B -1 and B -3 uses and residential uses. 167 At its regular meeting of April 18, 1983, recommended the approval of Petition 6 -83, to all applicable codes and ordinances, by abstention, VOLUME XLV111 the Land Use _Committee subject to, compliance a vote of 4 -O and one Rob Kramer, Attorney for the Petitioner: The church is the purchaser of this property under an agreement which calls for contract payments over a period of time. in February, 1981 the property was zoned B -1 and innocently the church has been in existence acting under what it thought was a permitted use as a B -1. So when that particular question had come to the attention of the church we filed our petition to bring it In line with'the construction that the staff and Corporation Counsel has given to the use of churches. I might point out that there is no special catagory for churches in Elgin, so every church presently is in existence is a special use in some zoning catagory. 'Councilman Waters In'the Public Hearing there was a question about the inspection of the property and whether or not the church had received information about what was going to be required in terms of bringing the property up to specifications, and apparently that was never communicated. Roger Dahlstrom: They were advised of th.e requirements for off - street parking, are you - referring to the specifics of the building. Councilman Water's: Yes. Rob Kramer: I was at the meeting and one of the ,Fire inspectors during his routine inspections did have an opportunity to walk through the facility with Reverend Marks and I think we have correspondence indicating the types of updating that was necessary to bring it within compliance. It is my understanding, and 1 think it is accurate, that those were not any major improvements that were going to require any substantial expenditure..,To answer your question we have an awareness of what has to be done'. Councilman Waters: I am wondering if that should be part of the approval. of the petition, if there are requirements to be fulfilled. Roger Dahlstrom: This approval would be subject to all applicable codes and ordinances. Councilman' Gilliam made a motion, seconded by Councilman Waters to approve Petition 6 -83. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. "Nays; None, Roger Dahlstrom: Petition 11 -83 has been filed by Attorney Richard L. Heimberg on behalf of Lamp Inc., requesting preliminary VOLUME XLVIII plan approval and final plat approval The subject property is located at the and Garden Crescent Drive. for a planned unit development. northwest corner of Wing Street The proposed Garden Court project features seventeen townhouse condominiums to be contained within three structures. The gross density of the proposed Garden Court project is 7.8 units per acre. At its regular meeting of April 18, 1983 the ,Land.Use Committee recommended planned unit development, preliminary plan approval, subject to certain conditions by a vote of 5 -0. At its regular meeting of May 2, 1983, the Land Use Committee recommended final plat approval for the Garden Court project, subject to the following conditions by a vote of 5 -0: 1. Submission -and approval of final engineering plans and specifications, and the required completion bond; and 2. Compliance with all other applicable codes and ordinances. Councilman Gilliam made a motion, seconded by Councilman Waters to approve Petition 11 -83. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PASSED RECLASSIFYING PROPERTY Councilman Hansen made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. o VOLUME XLV111 Ordinance No..G19 -83 AN ORDINANCE RECLASSIFYING PROPERTY AT 59 NORTH MELROSE AVENUE AND 64 AND 68 NORTH ALDINE STREET FROM R -2, SINGLE FAMILY RESIDENCE DISTRICT, TO R -4, GENERAL RESIDENCE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 59 North Melrose Avenue and 64 and 68 North Aldine Street, Elgin, Illinois, from R -2, Single 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 -2, Single Family Residence District, and including in the R -4, General Residence District, the following described property: Lots 18 and 19 and Lots 8 and 9 in Block 2 of Pleasant Home Addition in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. S/ Richard L. Verblc Richard Z. Verbic, Mayor Presented: May 23, 1983 Passed: May 23, 1983 Vote: Yeas 7 Nays 0 Recorded: " Published: est: , s/ Marcie Yeaffnan Marie Yearman, City Clerk VOLUME XLVI11 AUTHORIZATION OF PAYMENT TO VENDORS 170 United Diesel Service $1,994.86 Engine repairs to Bus 8083 Councilman Gilliam made a motion', seconded by Councilman Hansen to authorize the aforementioned payment. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED APPOINTING EDGAR A. ANDERSEN AND MARLENE SHA-LES'AS MEMBERS OF THE LIQUOR CONTROL COMMISSION Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays; None. Abstained: Councilmen Andersen and Shales. 171 VOLUME XLVIII RESOLUTION APPOINTING EDGAR A. ANDERSEN AND MARLENE SHALES AS MEMBERS OF THE LIQUOR CONTROL COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Edgar A. Andersen be and is hereby appointed as a member of the Liquor Control Commission for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Marlene Shales be and is hereby appointed as a member of the Liquor Control Commission for a term to expire May 1, 1984. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: May 23, 1983 Adopted: May 23, 1983 Vote: Yeas 5 Nays 0 Abstained 2 Recorded: At�est: s/ Marie �Y a°rMan Mare Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT FOR THE MAINTEN- ANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None, VOLUME XLVI11 172 RESOLUTION AUTHORIZING AN AGREEMENT FOR THE MAINTENANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement with the Illinois Department of Transportation for the maintenance of streets for ther period commencing July 1, 1983 through June 30, 1984, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 23, 1983 Adopted: May 23, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Marie Yearman, City Clerk SOLUTION ADOPTED AUTHORIZING AN AGREE VV:IVJVLI II4V 3r MV IUL3 Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 173 VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR CONSULTING SERVICES WHEREAS, the City of Elgin desires to retain the service of Hampton, Lenzini and Renwick, Inc. to perform certain engineering services necessary for the improvement of Big Timber Road from North State Street to Randall Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized to execute an agreement for con- sultant services on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc., a full and complete copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 23, 1983 Adopted: May 23, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s"/ Ma r ama n Marie Yearman, Caty Clerk RESOLUTION ADOPTED .IZING AN AG Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nay -s: None. i VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR CONSULTING SERVICES WHEREAS, the City of Elgin desires to retain the service of Hampton, Lenzini and Renwick, Inc, to perform certain engineering' services necessary for the improvement of Wing Street from-North State Street to Weston Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized to execute an agreement for con -' sultant services on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc,, a full and complete copy of which is attached hereto and made a part hereof by reference. Presented: May 23, 1983 Adopted: May 23, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeaan Marie Yearman, City Clerk E s/ Richard L. Verbic Richard L. Verbic, Mayor AUTHORIZING 174 Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 175 VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREEMENT WITH PROFESSIONAL SERVICE INDUSTRIES, INC. WHEREAS, it is necessary and desirable to provide for certain inspec- tion and testing of materials used in the Spring, Dupage and Fulton Street - scaping project; and WHEREAS, Professional Service Industries, Inc. has submitted its written proposal to perform necessary inspection and testing services; and WHEREAS, it is in the best interest of the City of Elgin to accept said proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute acceptance of the written proposal of Professional Service Industries, Inc., a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard Verbic, Mayor Presented: May 23, 1983 Adopted: May 23, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie earman, City Cier RESOLUTION ADOPTED AUTHORIZING EXECUTI Councilman Schmidt made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Waters and Mayor Verbic. Nays: Councilmen Hansen and Shales. f VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF AN AGREE1qENT WITH CHARLES H. SCHRADER $ ASSOCIATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an agreement with Charles H. Schrader & Associates for grant research services for the City of Elgin Park Department, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 23, 1983 Adopted: May 23, 1983 Vote: Yeas 5 Nays 2 Recorded: Attest: C.�lcL3�.1L3 " s/ Marie Yea an Marie Yearman, City Clerk Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and.Mayor Verbic. Nays: None. 176 177 VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS PROPERTY OWNERS TO PROVIDE FOR LOCAL IMPROVEMENT ON SPRING, DuPAGE AND' "FULTON STREETS, ELGIN, ILLINOIS WHEREAS, it has been determined by the City Council of the City of Elgin that it is necessary and desirable to make certain local improvements along and upon the west side of 'Spring Street between DuPage Street and Fulton Street and along and upon the south side of Fulton Street east from Spring Street to the Chicago and Northwestern Railroad tracks in the City of Elgin, Illinois, consisting of street resurfacing, curb, gutter and side- walk replacement, tree and light installations and the closing of existing underground vaults; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining 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 assessmelnt would be levied: Name W. Alan Berg Al's Ice Cream Parlor Harold T. Seigle The Difference Address 43 Fountain Square Plaza 61 Fountain Square Plaza Harold T. Seigle 61 & 65 Fountain Square Plaza The Difference No Name Deli & Ice Cream Parlor John P. Schalz 67 T, 69 Fountain Square Plaza Johns Meat Market Hair Attractions John P. Schalz Beer Brat Deli Porfirio Salamanca Porfi's Restaurant Victor Sarro Elgin Shoe Shine Parlor Bettie Schoenholtz -- Director Greater Elgin Senior Center Marshall Schneider Schneider's Recreation H. T. Seigle $ J. M. Roth 71 Fountain Square Plaza 73 Fountain Square Plaza 79 Fountain Square Plaza 101 South Grove Avenue 113 South Grove Avenue Parking Lot on South Side of Fulton, East of Schneider's VOLUME XLVIII WHEREAS, said owners have agreed to participate in the financing of said local improvements upon the terms and conditions contained in the agreements 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. 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 the City Clerk shall cause these agreements tobe recorded in the Office of the Recorder of Deeds of Kane County. BE IT FURTHER RESOLVED that these agreements shall constitute a lien upon the real property described in each agreement until the sums indicated in paragraph 4 of the agreements are paid in full. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 23, 1983 Adopted: May 23, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING EXECUTION Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. um 179 VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF A FIRST SUPPLEMENTAL AGREEMENT WITH H.W. LOCHNER, INC. FOR THE NORTH END BRIDGE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a First Supplemental- Agreement for consultant services with H.W. Lochner, Inc. for professional services in connection with the North End Bridge Project, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Richard Verbic, Mayor Presented :: May 23, 1983 Adopted:: May 23, 1983 Vote: Yeas 7 Nays 0 Recorded:' Attest: s/ Marie' Yea an Marie Yearman, City Cler - ORDINANCE PASSED GRANTING A SPECIAL USE FOR A SANITARY TREATMENT FACILITY AT CLIFFORD FRAZIER AVENUES Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. r VOLUME XLVIII Ordinance No. G20 -83 AN ORDINANCE GRANTING A SPECIAL USE FOR A SANITARY TREATMENT FACILITY AT CLIFFORD AVENUE /FRAZIER AVENUE WHEREAS, written application has been made for a special use for the expansion of a sanitary treatment facility at Clifford Avenue /Frazier Avenue; 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 is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for the expansion of a sanitary treat- ment facility at Clifford Avenue /Frazier Avenue, Elgin, Illinois, legally described as follows: Lots 1 through 5 in Block 18, Lots l through 5 in Block 19 Outlot 6 lying South of Frazier Avenue; and vacated Clifford Street lying South of the South line of Frazier Avenue, all in Sadler's Addition to the City of Elgin, Kane County, Illinois. be and is 'hereby granted subject to compliance with all applicable statutes, ordinances and codes. 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: May 23, 1983 Passed: May 23, 1983 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: S Marries YeatEinan Marie Yearman, City Clerk :e REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenues for the month of February, 1984. City Traffic Committee Minutes 4/28/83. Parking Lot Revenues 5/1/82 through 4/30/83. Budget Summary dated,, May 9, 1983. VOLUME XLVIII Councilman Gilliam made a motion, seconded by Councilwoman Shales to place the above reports on file. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Jim Hallock, representing the Elgin Jaycees: I am here tonight to remind the Council that this weekend is our Ethnic Fest, Saturday and Sunday, and also to ask the Council's approval that in the'event that we are not blessed with good weather that we be given permission to transfer our activities and our project to the Riverside Parking Deck, so that we will be under the cover of the deck above. Much the same as the request and permission was granted last year. Councilman Hansen: I make a motion that we give the Jaycees permission to use the Riverside Parking Deck, if necessary, for the Ethnic Fest. Councilman Andersen: I will second that. Mayor Verbic: I want to thank the Elgin Jaycees and all of those involved for all the work,, because you have a wonderful program laid out and I know that you are going to have a tremendous crowd, and successful event. I wish you nothing but good luck and good weather. Jim Hallock.: Thank, you Mayor. I would also like to inform the Council that at 10:00 a.m., Saturday morning we will have the official opening of the EthnicFest and we are inviting all Council members to attend. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters: and Mayor Verbic. Nays: None. Evelyn Rose, 452.E. Chicago Street I have been trying to get some kind of a consideration for property at 452 East Chicago Street. With a lot of 66 x 125 it has been used for three apartments, but not legally, and now they tell me that the code will not allow me to have that for three apartments, because of lack of parking space. 1 have sent diagrams, I have sent letters, showing that there is ample room to park six cars in back, there is a two car garage and 1 am asking for consideration of a variation of that code. VOLUME XLVIII 182 Mayor Verbic: I received your letter and I have talked with Mr. Deering and he is preparing a response to my questions regarding this matter, 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 return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays None. The meeting was adjourned at 9:00 p.m. P� Marie Yearman City Clerk VOLUME XLVIII June 6, 1983 183 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the held on June 6, 1983, at Hall. The meeting was c was given by Reverend E Methodist Church and the Hansen. Council of the City of Elgin, Illinois, was 8:25 p.m., in the Council Chambers of City tilled to order by Mayor Verbic, The Invocation Dale Kleinschmidt of the Faith United Pledge of Allegiance was led by Councilman ROLL CALL Roll call was answered by Councilmen Andersen, Hansen; Schmidt, Shales, Waters and Mayor Verbic. Absent: Councilman. Gilliam.: Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE MAY 23, 1983" COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales to approve the May 23, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Hansen," Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR.WATER TREATMENT CHEMICALS Councilman Hansen made a motion, seconded by Councilman Schmidt to award the bid for water treatment chemicals to the following low, responsive bidders: American Cyanamid, K.A. Steed Chemicals, Fisher - Calo Chemicals and Hellers Carbonic. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None, BID AWARDED FOR WATER TREATMENT CHEMICALS Councilwoman Shales made a motion, seconded by Councilman Hansen to award the bid for water treatment chemicals to the following low, responsive bidders: K.A. Steel Chemicals, Alexander Chemical Corp., and Linwood Stone. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR HAND MOWERS. Councilman Waters: I move to authorize the purchase of nine 19" Snapper commercial mowers from Wilb's Fix -It Shop for a total amount not to exceed $2097.00. Councilman Andersen: I will second that motion. Leo Nelson: You might want to clarify that motion. You are really reject.iing the bids and you are accepting a negotiated low price. 184 VOLUME XLVIII Councilman Schmidt: What was the negotiation that took place. Was >. Wilb's too high and you negotiated with him and not the others. Leo Nelson: The reason we did not discuss it with the other bidders is because they were not selling a Snapper mower at that price. They were offering other type mowers which we recommended that you reject. If you want to reject this and bid it over again we will do that. Councilman Waters: I would point out that this is a local bidder and we are in the season when these are needed. Leo Nelson: If you accept the bid, he is the low bidder. Councilman Waters: In my motion I did state authorization to purchase and l should have included in that motion the rejection of the bids and I' would like to amend the motion to include the rejection of the bids and the authorization of the purchase. Councilman Hansen: I will second that amendment. Yeas: Councilmen Andersen; Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 12 -83 REQUESTING A B -3 SERVICE "BUSINESS DISTRICT SPECIAL USE FOR A TRANSPORTATION FACILITY,' PROPERTY LOCATED AT 100 WEST CHICAGO ST'REET'BY THE RTA - APPROVED Roger Dahlstrom: This petition has been filed by the Regional Transportation Authority, requesting a B -3 Special Use for °a transportation °faclli -ty, mainly a bus terminal, on' property located at 100 West Chicago Street: - The subject property is approximately 21,000 square feet and is presently improved with a gravel parking lot. The general area of the subject property is zoned B -3 and at it's regular meeting of May 2, 1983, the Land Use Committee recommended the approval of Petition 12 -83, subject to certain conditions, by a vote of Bill Werst, 2245 South Street: I like the proposed design of the bus facility, but I am concerned about the fact that the station is designed for the westbank of the river when the main part of the downtown is on the eastbank of the river. All of the buses coming into the downtown would circulate through the commuter bus station Many people now that are utilizing buses get off on Grove Avenue, in the heart of the downtown, and unless we arrange some special transportation to get them from that bus facility across the river in the winter time, or in the rainy 1 think we are going to defeat our purpose in trying to attract people to come downtown and shop, if they have to use the RTA. Another thought, are we as residents of the City of Elgin dictating \ what will be done with our town or are we letting someone in Chicago come in and tell us they are going to build a bus facility on the westbank of our river, which will not be as well utilized by the VOLUME XLVIII 185 people of our community, if they have to walk back and forth across the bridge. I realize there have been many other discussions prior to this, I know that it has been several years in the working, but in light of things that are coming about in the City these days, with this, with the bus garage out by the State. Hospital, the train stations, the commuter parking lots, can we not consolidate a few of these facilities as well. I would like to see the Council address some of the concerns of the total RTA package as mentioned in the Comprehensive Plan, which you are also going to consider. Mayor Verbic: We have worked on this particular project since 1976 and there really is not a good site in downtown Elgin and this particular site was the City's selection for a bus facility. We have also discussed in the past a covered walk from the bus facility to the downtown area and this is _a possibility that may be addressed in the future. Ray Moller: Anyone who would ride the bus from the eastside would get off the bus in the downtown area before it would go to the terminal facility. Individuals using the system on the westside could use the free transfer policy and get on another bus that is going to the eastside and get off in the downtown area. This is not a problem, and operationally it is going to be a great asset for us. Councilman Hansen: We always seem to need parking downtown, or have in the past, what would it cost to include in the facility parking accomodations and would it be cheaper now, and how could we get the RTA to pay -for it. Ray Moller: At this stage it would not be a very wise thing to do and it would probably just put this project off that -much further. Councilman Waters made a motion, seconded by Councilman Andersen to approve Petition 12 -83. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED GRANTING A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS GARDEN COURT Councilwoman Shales made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 186 VOLUME XLVIII Ordinance No. G23 -83 AN ORDINANCE GRANTING A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS GARDEN COURT WHEREAS, written application has been made for a residential planned unit development in an R -4, general residence district, located on the northwest corner of Wing Street and Garden Crescent Drive _in the City of Elgin, Illinois; on property legally described hereinafter; and WHEREAS, the Land Use Committee conducted a public hearing after due notice in the manner required by law and recommended granting a planned unit development as requested upon certain terms and conditions; and WHEREAS, the City Council of the City of Elgin has reviewed the recommendations of the Land Use Committee and concurs'in said recommenda- tions. 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 is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a residential planned unit development is hereby granted to Lamp Incorporated, its successors and assigns, to develop a townhouse /condominium residential project upon the following legally described territory: Lot "E" and that part of Lot "F" described as follows: Commencing at the most Easterly corner of said Lot "F" thence Northerly along the Northeasterly line thereof for an arc dis- tance of 24.736 feet; thence West 167.34 feet; thence North 72 degrees 28' West 57.52 feet; thence South 18 degrees 23' West, 73.8 feet to a point on the Southeasterly line of said Lot "F ", bearing North 54 degrees 42' 05" East; thence North 54 degrees 42' 05" East, 44.12 feet; thence East 210.0 feet to the point of beginning, all in Ladd's Elgin Garden Quarter, in the City of Elgin, Kane County, Illinois. subject to the following conditions: 1. The Garden Court project is to be constructed in substantial conformance to the Preliminary Plan prepared by Lamp Incorporated. 2. On- street parking is to be prohibited on Garden Crescent Place. "No parking" signs, as approved by the City of Elgin, are to be installed at the expense of the developer. 3. Existing healthy vegetation is to be maintained and preserved, excepting that existing vegetation in conflict with building sites or in conflict with the location of site improvements. t VOLUME XLVIII 187 4. A park site cash contribution in the amount of $3,112.63 payable in three equal installments prior to the issuance of a building permit for each phase. S. A school site cash contribution in the amount of $555.90 payable in three equal installments prior to the issuance of a building permit for each phase. 6. Submission and approval of final engineering plans and specifications, and the required completion bond. 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. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 6, 1983 Passed: June 6, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea "rman Marie Yearman, City Clerk D ADOPTING A COMPREHE Councilman Waters: I would move that we pass the ordinance adopting a Comprehensive Plan for the City of Elgin, and I would include in that motion a request that the records show appreciation on behalf of the Council to the Community Development Planning Staff and to the Planning Commission members for their efforts in bringing this about. Councilwoman Shales: I -will second that motion. Councilman Hansen: I think that the record should show that we are adopting a Comprehensive Plan.as- amended by the City Council by deleting the words City -Wide from the systematic housing inspection program, described on Page 6 of said Plan. I don't think the Planning Committee went back and submitted that as amended and I think the record should show that as amended, Councilman Waters: I would agree to incorporate that in my motion. would like to suggest with the adoption of the Comprehensive Plan I think we need to direct our City staff to begin working with the Economic Development Commission, including our Planning Staff, and looking at the boundaries around the community and begin to take aggressivesteps towards our planning in that direction. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and 188 VOLUME XLVIII Ordinance No. G21 -83 AN ORDINANCE ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF ELGIN WHEREAS, the Planning Committee of the City of Elgin has heretofore submitted its recommendation for a comprehensive plan for the City of Elgin; and WHEREAS, on March 16, 1983 the Planning Committee of the City of Elgin conducted a public hearing on said plan after due notice in the manner provided by law; and WHEREAS, all persons appearing and desiring to be heard concerning said proposal were heard at said public hearing; and WHEREAS, the corporate authorities of the City of Elgin have con- sidered the comprehensive plan for the City of Elgin and the statements of persons appearing at the public hearing heretofore described; and WHEREAS, the corporate authorities of the City of Elgin find and determine that it is in the best interest of the City of Elgin to adopt the proposed comprehensive plan for the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it hereby approves and adopts a comprehensive plan for the City of Elgin recommended by the Planning'Committee of the City of Elgin as amended by the City Council, a copy of which is attached hereto and made a part hereof by reference, including therein the,maps and technical appendices appended to said plan. Section 2. That said plan shall include as a part thereof the provi- sions of the subdivision ordinance of the City of Elgin, as amended from time to time, Elgin Municipal Code, 1976, Title 18. Section 3. That this ordinance, including the plan, maps and technical appendices attached thereto, shall be placed on file with the City Clerk and shall be available at all times during business hours for public inspec- tion upon reasonable notice and copies thereof shall be made available to all interested parties upon payment of the sum of $40.00. Section 4. That the plan, maps and technical appendices adopted herein shall be reviewed in the manner provided by law not more than five years following its adoption but the failure to review or amend the plan shall not operate to cause a repeal of this ordinance or to otherwise invalidate the provisions of the plan adopted hereby; such review is hereby declared to be directory only. Section S. 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 a ar L. er ac, Mayor VOLUME XLVIII 189 Presented: June 6, 1983 Passed: June 6 1983 Vote: Yeas 6 Nays 0 Recorded: Published; - Attest: s/ Marie Yea+an Marie Yeannan, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH MIDWEST DISPLAY FIREWORKS, INC. Councilman Schmidt made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution., Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbie, Nays: None. Igo VOLUME XLV111 RESOLUTION AUTHORIZING AN AGREEMENT WITH MIDWEST DISPLAY FIREWORKS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Midwest Display Fireworks Company, Inc., a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: June 6, 1983 Adopted: ,tune 6, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Mares eY ea man Marie Yearman, City Cler RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH E.M. MELAHN CONSTRUCTION FOR THE WIDENING OF Mc LEAN BOULEVARD Councilman Hansen made a motion., seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas. Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor ' - Verbic. Nayse None, VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 2'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 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 oaf which is attached hereto and made a part hereof by reference. S/ Richard L. Verbe Richard L er ic, Mayor Presented: June 6, 1983 Adopted: June 6, 1983 Vote: Yeas 6 Nays 0 . Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL nF A S HANCFN Mr FnP AN AFTHADIA] Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 191 192 VOLUME XLVIII RESOLUTION ACCEPTING THE PROPOSAL OF A. S. HANSEN,, INC. FOR AN ACTUARIAL VALUATION OF THE POLICE PENSION FUND WHEREAS, it is necessary and desirable to cause an actuarial valua- tion of the Police Pension Fund to be performed; and WHEREAS, A. S. Hansen, Inc. has submitted its written proposal to perform an actuarial valuation and assumption study of the City of Elgin Police Pension Fund; and WHEREAS, it is in the best interest of the City of Elgin to accept said proposal., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to accept on behalf of the City of Elgin the proposal of A. S. Hansen, Inc. for an actuarial valuation of the Police Pension Fund, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Vergic, Mayor Presented: June 6, 1983 Adopted: June 6, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearmap, City Clerk ORDINANCE PASSED AMENDING CHAPTER 11.12 OF THE ELGIN MUNICIPAL CODE -TO REQUIRE OBEDIENCE TO SCHOOL CROSSING GUARDS Councilman Waters made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. G25 -83 AN ORDINANCE AMENDING CHAPTER 11.12 OF THE ELGIN MUNICIPAL CODE TO REQUIRE OBEDIENCE TO SCHOOL CROSSING GUARDS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.12.030 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official or uniformed adult school crossing guard appointed by the Chief of Police to direct, control or regulate traffic." 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 fll force and effect ten days after its passage and publication in pamphlet form in the manner provided by law, S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 6, 1983 Passed: June 6, 1983 Vote: Yeas 6 Nays 0 - Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk 193 Councilman Waters made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, 194 VOLUME XLVIII Ordinance No. G24 -83 AN ORDINANCE AMIIVDING CHAPTER '11.36 OF THE ELGIN MUNICIPAL CODE PROHIBITING UNAUTHORIZED USE OF PARKIN PLACES RESERVED FOR HANDICAPPED PERSONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.36.155 of Title 11.36 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "11.36.155 Unauthorized use of parking places reserved for . handicapped persons. No person shall park any motor vehicle which is not bearing registration plates or decals issued to a physically handicapped person or disabled veteran pursuant to Section 3 -616, or 11- 1301.2 or 3 -609 of the Illinois Vehicle Code or handicapped motorist decal or device issued by a local governing authority, in any parking place, including any private or public off - street parking' facility specifically reserved, by posting of an official sign,'. for motor vehicles bearing such registration plate or decals. Any person violating the provisions of this section shall be fined $10.00 for each offense." 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 - ten days after its passage and publication in pamphlet form in the manner provided by law. Presented: June 6, 1983 Passed: June 6, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: e,�.tCJr/rl2- Gtt� --� s/ Marie Ye rman Marie earman,' City Clerk DINANCE PASSED s/ Richard L. Verbic Echard L. Verbic, Mayor CIAL USE FOR A Councilman Hansen made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance G22 -83 AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH AT 458 DUNDEE AVENUE, ELGIN, ILLINOIS WHEREAS, written application has been made for a special use for a church at 458 Dundee Avenue; 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 is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a church at 458 Dundee Avenue, Elgin, Illinois, legally described as follows: Lot 3 of Babbitt's Addition in the City of Elgin,,Kane County, Illinois, be and is hereby granted subject to conformance -with all applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 6, 1983 Passed: June 6, 1983 Voter Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Ye man Marie Yearman, City Clerk 195 196 VOLUME XLVIli AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS", United Diesel Service $13,740°63 Repair of Bus 8089 Allen's Corner Garage 2,580.00 Towing services re train /bus accident. T -Shirt Maker 3,010,00 1400 T- Shirts for Fox Trot Board of Education Rental for various school School District U -46 4,035.23 facilities for Recreational Programs. Thompson Elevator 2,090.00 Semi - annual inspections Computer Leasing Inc. 2,400.00 3 Computer terminals and keyboards, Councilwoman Shales made a motion, seconded by Councilman'Hansen to authorize the aforementioned payments. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None, REPORTS RECEIVED AND ORDERED PLACED ON FILE Hemmens Advisory Board Minutes - 3/10/83 Water Department Report for April, 1983 Cemetery Report for April, 1983 Public Works report for April, 1983 Public Property and Recreation Board Minutes - 5/24/83" Councilman Hansen made a "motion, seconded by Councilman "Schmidt to place the above reports on file. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None,. PUB tIC'HEARING DATE DESIGNATED FOR PUBLIC HEARING ON ADDITIONAL HCD FUNDS UNDER THE JOBS BILL Councilman Hansen made a motion, seconded by Councilman Andersen for the Council to act as the Hearing Body for the Public Hearing on Wednesday, June 22, 1983, at 5:00 p.m. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. RECOGNIZE PERSONS PRESENT Attorney James Hallock: I am here for two reasons this evening. First of all I would like to thank the Council and the City staff for your participation and cooperation with our Ethenic Fest. I feel it was a great success and the Jaycees feel it was a great success. 1_ My second reason for being here is to inform the Council that the Jaycees would like to undertake a project this coming August, either VOLUME XLVIII 197 the second or third Sunday, in the nature of a Corn Boil, very similar to the Corn Boil put on by the Fire Department in Sugar Grove. We would like to hold this in Wing Park and right now we are faced with one technical problem. Although we can qualify as a non- profit group for a license to sell beer, unfortunately beer is not permitted in Wing Park. We would like to take advantage of the Park setting as well as the bandshell for some entertainment during the afternoon and I am here on behalf of the Jaycees to ask if there is a way that the City could amend the particular ordinance to allow this type of activity to take place. Councilman Schmidt made a motion, seconded by Councilman Waters for this matter to be referred to the Elgin Liquor Commission for their recommendation. Yeas: Councilmen Hansen, Schmidt and Waters. Nays: None. Abstained: Councilmen Andersen, Shales and Mayor Verbic. Mayor Verbic, The abstaining is a vote for the majority. Counsel Jentsch: The question is whether that is a sufficient majority. If you will give me time I will find out for you. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilwoman Shales to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:10 p.m. U Marie Year man , T :ty C er June 22, 1983 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT PUBLIC HEARING A Public Hearing by the Council of the City of Elgin, Illinois, was held on June 22, 1983, at 5:10 p.m., in the Council Chambers of City Hall. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Shales and Mayor Verbic. Absent: Councilmen Schmidt and Waters. Also present: Nelson, Yearman, Jentsch, and members of staff. JOBS BILL H.C.D. ALLOCATION The Council reviewed the following staff recommendation: 1. Southeast Street Resurfacing - This project is located in a portion of the Neighborhood Strategy Area (NSA) where only limited H.C.D. funds have been expended. The plans and specifications for this project are prepared thus, this project could be initiated and completed quickly. Also, because of the project cost, staff feels that the contract document can contain provisions for hiring unemployed persons as part of the work force without undue cost to either the contractor of the city. Estimated Cost - $150,000. 2. Exterior Rehabilitation of the Neighborhood Housing Services Office - This proposed project is for the rehabilitation of the exterior of the NHS office located at 326 East Chicago Street. Additionally, NHS has applied for matching funds from the Illinois Department of Conservation. If successful in obtaining matching funds this project would become a restoration project. This structure is owned by the city and is leased to the NHS. Estimated Cost - $25,000. 3. Transitional Area Parking Lots Improvement - The city parking lots located on Dundee /Center /Villa and Geneva streets are highly visible to motorists (as elements of a major entryway) and to neighborhood residents (as elements of the transition from commercial to residential land use). The existing parking lots have no landscaping and little screening. The proposed project is to provide screening and landscaping to as many of these parking lots as possible with the remaining Jobs Bill funding. The parking lot that would have first priority for improvement is located of the northwest corner of Villa and Fulton streets adjacent to the Yankee Doodle. Improvement of this parking lot would link the ECC and Spring Street Projects to Geneva Street). The remaining parking lots would be evaluated on visibility, potential impact and other factors Public Hearing June 22, 1983 Page 2 to determine priority. Estimated Cost - $65,000. Recommended budget for Jobs Bill Funding Southeast Street Resurfacing $150,000 NHS Office Exterior Rehabilitation 25,000 Transitional Area Parking Lots 65,000 Administration 13,000 Contingency 25,000 $278,000 All the above suggested projects are eligible for H.C.D. funding and are consistent with the city's comprehensive plan. Councilman Gilliam made a motion, seconded by Councilwoman Shales, to accept the staff's recommendations. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales and Mayor Verbic. Nays: None. Adjournment Councilman Gilliam made a motion, seconded by Councilman Hansen, to adjourn the Public Hearing. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales and Mayor Verbic. Nays: None. The Hearing was adjourned at 5:45 p.m. Lt.3t.-i.i� � O Marie Yearm�a ,City Clerk VOLUME XLVIII June 27, 1983 198 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 27, 1983, at 8,20 p.m., in the 'Council Chambers of City Hall. The meeting was called to order by Mayor VeIrbic. The Invocation was given by the Reverend Father George F. Schiffmayer and the Pledge of Allegiance was led by Councilman Andersen. ROLL CALL Roll- Call was answered by Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Absent: Councilmen Gilliam and Waters. Also present: Nelson, Yearman, Jentsch and members of staff.. MINUTES OF THE JUNE" 1983 COUNCIL MEETING APPROVED -AS PUBLISHED" Councilman Andersen made a motion, seconded by Councilman Hansen to approve the May 23, 1983 Council Minutes as published., Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. COMMUNICATIONS Correspondence from Dr. Walter E. Gasser, 300 N. McLean B.Ivd..: "I am Chairman of the Building Committee for the Apostolic Christian Resthaven Intermediate Care ,Home. We would like to, build a 49 'bed intermediate -care home with attached unlicensed congregate living apartments on Highland Avenue west of Randall Road. I am writing to you specifically to obtain your endorsement of this project for purposes of the Certificate of Need._ The Apostolic Christian Church is committed to caring for its sick and elderly individuals and many years ago they were left with a will which commissioned them to build such a facility. The shelter care home at 971 Bode Road was built for that purpose. However, since that only accepts individuals who qualify for shelter care, most of the individuals, both friends and members of the Apostolic Christian Church, do not qualify for that Home. Traditionally their philosophy was_to remain in their own homes or family's homes until they were totally disabled or incapacitated and in need,of intermediate nursing care. For that reason the Church would like to expand its facilities and provide for such a home. By building a 49 bed home, the needs of the members and friends would be met and room would be available for additional people from'the community who share the same philosophy as far as health care is concerned. 199 VOLUME XLVIII We believe this will offer something unique to the Elgin area for Y`_ those individuals who are interested in residing in a church affiliated home: We would like to proceed with this as expediti- ously as possible and anticipate that the Certificate of Need could be acquired within four months; For that reason, your endorsement of this project will be greatly appreciated, Councilman Hansen made a motion, seconded by Councilman Schmidt to have a letter of approval for this project executed by the Council. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. Correspondence from Bruce Minus, President of Wizards, Inc,: "'Wizards, Inc., requests that it be allowed to address the City Council at the June 27th, 1983 Council Meeting, to discuss and appeal for the motioning to reconsider and approve - 'Petition 10-83 of the May 9, 1983 meeting." Bruce Minus: I am here,,-tonight to ask the Council to reconsider Petition 10 -83 which was denied at your May 9th meeting. understand that one of the Councilmen who voted no must make the motion to reconsider. I am going to be taking an empty building and occupying -i't: There will be extra revenue to the City, also I will be adding fulltime and partime employees, who are residents of the City of Elgin. 1 now employ 16 people. I have children coming to my establishments from all over Elgin, some 22 miles away, and I say that another place would decrease the travel and eliminate any potential danger. I will attract people to Elgin, as l have done already. Plato Center, Hampshire and South Elgin people come to my facilities because of the programs I have for the children. would also like to submit a petition with 460 signatures and I would like to read it: Wizards of 728 West Chicago Street has proven to be an asset to the community. Wizards' has always positively interacted with our youth in providing a place that is safe, supervised and enjoyable. We the undersigned firmly believe that Wizards should be allowed to expand its operation to 1046 North Liberty Street in Elgin.. Again I am requesting a motion, because I feel that I have answered some of the questions and concerns that you had. Counsel Jentsch: Mayor, although your rules do allow you to reconsider a matter, the rules also limit you to reconsider this at the same meeting at which the vote is taken, or at the next regular meeting. if I understand the gentleman the.vo:te was taken on May 9th, therefore a reconsideration would have been required at the regular meeting on May 23rd. VOLUME XLVIII 200 Under the rules you have lost the power to reconsider this even with the motion coming from someone on the prevailing side. Councilman Shales: I would like to know what the next step for Mr. Minus is. Counsel Jentsch The ordinance restricts the refil.ing for one year. Another recourse would be judicial, a suit challenging your decision. Mr. Minus: No one told me about this rule and I do not feel that I have been treated fairly. BID AWARDED FOR BLUFF CITY BOULEVARD WATERMAIN EXTENSION - POPLAR CREEK CROSSING Councilman Shales made a motion, seconded by Councilman Andersen to award the bid for Bluff City Boulevard Watermain Extension - Poplar Creek Crossing to the low bidder, Gluth Brothers for a total amount of $17,060.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. BID AWARDED FOR 1983 RESURFACING IMPROVEMENT Councilman Hansen made a motion, seconded to award the bid for the 1983 resurfacing bidder, Gierty- Melahn Asphalt .Company for $222,747:15. Yeas: Councilmen Andersen, and Mayor Verbic. Nays: -None. BID AWARDED FOR AIR MASKS FIRE .DEPARTMENT by Councilman Schmidt improvement to the low a total amount of Hansen, Schmidt, Shales FOR THE Councilman Schmidt made a motion, seconded by Councilman Andersen to award the bid for Ail- Masks for the Fire Department to the low bidder, Universal Safety Equipment Company for a total amount of $11,351.55. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. BID AWARDED FOR AIR HAMMER FOR CONSTRUCTION DIVISION Councilman Hansen made a motion, seconded by Councilmai'Andersen to award to bid for a Air Hammer for the Construction Division to the low bidder, Case Power & Equipment for a total amountof $6,104,96. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 201 BID AWARDED FOR WATER TREATMENT CHEMICALS VOLUME XLVIII Councilman Hansen made a motion, seconded by Councilman Shales to award the bid for Water Treatment Chemicals to the low bidder, McKesson Chemical Corporation, for a total estimated cost of $67,600 based on an estimated quantity of 200,000 'lbs. and a unit price of $.338/lb. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None.. BID AWARDED FOR TREES AND SHRUBS Councilman Schmidt made a motion, seconded by Councilman Shales to award the bid for trees and shrubs to the low bidder, Wilson Nurseries for a total bid price of $21,248.85. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. PETITION 13 -83 REQUESTING AN R -4 :SPECIAL USE FOR OFF- STREET PARKING PROPERTY LOCATED SOUTH OF 145--SUMMIT STREET - - `APPROVED Roger Dahlstrom; Planning Director: A petition has been filed by Attorney Ben Rifkin on behalf of Manor Enterprises, that requests an R -4 special use for an off - street parking lot. The subject property is located south of 415 Summit Street. The petitioner desires to establish a restaurant at 415 Summit Street_ Required off= - street parking for the existing restaurant building is approximately 27 spaces. The "rquested special use for accessory off - street parking would provide an additional 22 parking spaces for an approximate total of 30 parking spaces to serve the existing restaurant building. The subject property is approximately 6,500 square feet and is unimproved. At its regular meeting of June 6, 1983, the Land Use Committee recommended approval of Petition 13 -83 subject to certain conditions by a vote of 5 to 0. Councilman Andersen: Mr. Rifken, have all of the City's requests been complied with. Attorney Rifken: I believe you have before you the Committee's recommendation-and on Page two they say thetoff -"tr eet.yparking lot is to be developed in substantial conformance to the Site Plan prepared by the Planning Department, and compliance with all other applicable codes and ordinances. Councilman Andersen made a motion, seconded by Councilman Schmidt to approved Petition 13 -83. Yeas, Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIII 202 PETITION 16 -83 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO 0 LIMITED OFFICE DISTRICT, PROPERTY LOCATED - AT 523 NORTH McLEAN - - APPROVED Roger Dahlstrom: The intended us for this property is 'a dental office. The property is approximately 14,250 square feet and is improved with a single family residence. Directly north of the subject property is the Calvary Lutheran Church which is zoned R-2 special use. The area located east of the property is zoned R -2 and developed with single family residences. There are 3 single.family residences, zoned R- 2,_;and a duplex zoned R -3., located south of the property. Schock's Greenhouse and ,a residence, zoned B -3 are located west of the subject property across the street. At its regular meeting of June 6, 1983, the Land Use Committee recommended approval of Petition 1 6 - 83. On a motion to deny the petition, the vote was 2 yes and 3 no. Attorney Flanagan, representing the petitioner: 1 would like ' to point out the,,street.we are talking about is McLean Boulevard, The trend in development in that area for the last 12 years has been a commercial development. I have heard and read the staff recommendation, using the word piece meal zoning and 1 would ;point out that 80% of McLean Boulevard. from Kimball School to Wing Street is now used in uses other than "res,idential uses. The request that'we have made is for 0 zoning use, Walter Bartels,, West, Dundee, representing Calvary Lutheran Church presented a letter to the Council protesting the rezoning of this property. Councilman` Shales: Has the Council set any kind of precedence for this type of request. it looks like what I consider spot zoning or is this just considered ohe by one as they come along. Mayor Verb -ic: I don't feel there has been a policy established for this since we passed the initial 0 zoning concept and we have had applicants come in for different areas requesting 0 zoning. Councilman Schmidt: I am going to vote no on this request because of the recommendation of the Planning staff and also l feel that if the neighbors to the south of them would want the 0 zoning` they would petition to say they were in approval of it and this we do not have, so I still feel it -is -a spot zoning in that one block, 203 VOLUME XLVIII Councilman Hansen made a motion, seconded by Councilman Andersen to approve Petition 16 -83. Yeas: Councilmen Andersen, Hansen, and Mayor Verbic. Nays: Councilmen" Shales and Schmidt. Counsel Jentschd Mr. Mayor, when the ordinance is before you at least four votes will be required. Mayor Verbic: Attorney Flanagan, this is just the petition and you'will need four votes when the ordinance is presented. ORDINANCE PASSED AMENDING THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN ILL. Councilman Hansen : - This ordinance does not really state anything about the fact that the Corporation Counsel position would become a fulltime position and it does not address his duties or responsi- bilities in any depth. This has been discussed-in a work session, should that be included in this ordinance. Mayor Verbic: I think we have directed to the Manager that the special assessments, bonds and the industrial revenue issues shall be included under the duties of a fulltime corporation counsel and -there would be no extra fees. associated with this position on a fulltime basis. Leo Nelson: Salary plans typically don't describe the duties and responsibilities of any officeholder. This is simply -an amendment to`the salary plan. i think you are correct, it's generally under- stood that this is a fulltime position and the incumbent would receive no additional fees. This is simply a- standard amendment to a salary ordinance, if you want something else it might be appropriate to put it somewhere el -se, but not in-the salary ordinance. Councilman Shales: When do we address how the Legal Department is going to structured, when we have a fulltime corporation counsel do we then also have a fulltime assistant, do we have a part= t+me_:assistant, when is that addressed and who addresses that. - Mayor Verbic: I think that what we are addressing tonight is the ordinance before us and I don't think there has been any consideration of the city attorney full or partritime. Councilman Hansen: I don't have my work session minutes with me, but think we were specific on the scope of work that we Wanted this job to include. I think it would be in order that we possibly consider a job description. Mayor Verbic: As Mr. Nelson mentioned this is amending the official salary plan to include the position Corporation Counsel to Section 1 of the ordinance, and I don't think that would address what you are asking for. VOLUME XLVIII 204 Councilman Hansen: I thought we asked for that to be addressed at the last Council Meeting in a work session. I thought a motion was made and passed to create the job of a fulltime corporation counsel and that we were going to deliberate and vote on an ordinance to that effect!; Leo Nelson: i think you are dealing with two separate issues here. This ordinance simply sets forth the compensation for a fulltime corporation counsel. The duties and responsibilities for a corporation counsel, or any ocher position in the City is found in the position plan which is maintained in the personnel office. Councilman Hansen: Since our last meeting I have thought about this a little bit more and I notices that one of the things that we will be creating with this salary range is the probability that at some time the corporation counsel will be making more than his boss, and would like to throw that open to my fellow Councilmen for their consideration. Leo Nelson: The boss is not intimidated or offended, managers very often make less than the ball players. Councilman Andersen: In order not to make anybody to unhappy at the manager's level, why don't we pare this down to some of the earlier figures that we had. I came up with something rather fast, if we modified the first position to $3333.00 per month and then go up to $4375.00 per month, at the other end of the scale, that would seem to be not too much above the City Manager's salary. Councilman Shales: I really think we need to plan for this move and I really think that establishing the salary range before we even have a good idea of what kind of a person we want to hire; are we going to include outside counsel from time to time, or do we expect this man to be able to do everything. I really would like to see some better planning go into this decision and 1 think the salary is one of the last things to be decided, not one of the first things. You can make a salary range but the education and background that you want this person to possess also will indicate what kind of salary you are going to have to pay him and that is what I think the salary comes after you decide what you want the person to do. Councilman Andersen: In any event that is not a decision of ours to make, who gets hired, or his qualifications, background, experience, or whatever. We are making a decision tonight on wether or not that person should be fulltime and how much they should be paid. Herb Gross: I understand that the City of Elgin is self - insured up to a certain amount in terms of law suits. I would just hope - -® discussing the salary, the salary proposed, any of them so far is far more than I make, so I have no hesitation in saying that I think it should be more because I don't think you can hire a competent attorney for the amount that I make. 205 VOLUME XLVIII I think that if there is such a large sum that the city will have to pay out if it loses a law suit, you might well consider who you are going to attract at whatever figure you set. Ron Janes, President of Elgin Precision and Glass: I was here to see the proceedings tonight as it pertained to this issue for the purpose of addressing the question of whether or not there is to be a fulltime legal person with the.city and that is not quite what is being addressed here, so I will not comment too much on that. am for the City putting on -a legal counsel and as far as a question of payscale, yes, there is nothing in stone as Councilman Andersen said, it could be amended in the future, but I think you should start the ball rolling and set a payiscale.- Councilman Andersen made a.motion, seconded by Councilman Schmidt to adopt the aforementioned ordinance and amend the pay scale in Step 1 to $3333.00 per month, ascending on graduating scale to $4375.00 per month in Step V1. Yeas; Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays: Councilman Shales. VOLUME XLVEii Ordinance No. G26 -83 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G68 -82 entitled "An Ordinance Amending Article IV. Entitled 'The Adoption and Administration of Position Classifi- cations 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 ", is hereby amended as follows; That the position titled "Corporation Counsel' be and is hereby added to Section 1 -, "Official - Management "A" Group Salary. Plan" as follows: Salary . Range Position I II, III IV V VI 65A Corporation Counsel 3333 . 3519 3716 3924 4143 4375 Section 2. That Ordinance No. G69 -82 entitled "An Ordinance Amending the Management Group Benefit Program" is hereby amended by adding'the posi- tion of "Corporation Counsel" to bection 1 of said ordinance. Section 3. That this ordinance shall be in full force and effect as of September 4,1983,in .the:.manner. provided by.law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 27, 1983 Passed: June 27, 1983 Vote: Yeas 4 Nays 1 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk Councilman Hansen made a motion, seconded by Councilman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 206 207 VOLUME XLVIII RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE EMERGENCY JOBS APPROPRIATIONS BILL OF 1983 WHEREAS, Title I of the Emergency Jobs Appropriations Bill of 1983 assigns additional funds under the Community Development Block Grant (CDBG) Program authorized by Title I of the Housing and Community Develop- ment Act of 1974 for the purpose of providing for worthwhile and necessary projects which will result in productive jobs in the community; 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 Two Hundred Seventy- Eight Thousand Dollars ($278,000). 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 ana 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 corre- spondent of the City of Elgin, Presented: June 27, 1983 Adopted: June 27, 1983 Vote: Yeas 5 Nays O Recorded: p�Attest: ( � s/ Marie Year%an Marie Yearman, City Clerk RESOLUTION A s/ Richard Le Verbic Richard L. Ver ic, Mayor IZING FIRE PROTECTION Councilman Schmidt made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbico Nays: None, r VOLUME XLVIII RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT ( Collingbourne Property) WHEREAS, The Agnes B. Collingbourne Trust is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said trustee has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement.. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with The Agnes B. Collingbourne Trust, for fire protection service, a copy of which is attached hereto and made a part hereof by reference. Presented: June 27, 1983 Adopted: June 27, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: j. s/ Marie Ye man Marie Yearman, City Clerk F11 s/ Richard L. Verbic Richard L. Verbic, ayor THE PROVISIONS 208 Councilman Hansen made a` motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays, None. 209 VOLUME XLVIII Ordinance No. G27 -83 AN ORDINANCE AMENDING THE PROVISIONS OF 1HE RESIDENTIAL REHABILITATION GRANT PROGRAM WHEREAS, the City of Elgin has heretofore established a residential rehabilitation grant program to encourage the rehabilitation of older housing units which are in disrepair or deterioration; and WHEREAS, the City of Elgin desires to expand the residential rehabilita- tion program to allow grants for those individuals who own dwelling units which the Building Official determines to be unfit for human occupancy; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of the State of Illinois and is authorized to exercise any power and perform any function relating to its goverment ana affairs; and WHEREAS, it is within the government and affairs of the City of Elgin and in the interest of the public health, safety and welfare to promote the rehabilitation of the deteriorating residential buildings in the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section S of Ordinance No. G42 -77, as amended by Ordinance No. G28 -78, as amended by Ordinance G287791, as amended by Ordi- nance No. G45 -79, be and is hereby amended to read as follows: "Grants. E. Individuals within the corporate limits of the City of Elgin. The amount of any grant for owner - occupied dwelling units shall be one hundred percent of eligible repairs up to specified maximums per the following: a. Households at 81 to 100 percent of Section 8 very low income limits, $1,000.00. b. Households at 61 to 80 percent of Section 8 very low income limits, $2,000.00. c. Households at 60 percent and below Section 8 very low income limits, $3,000.00. For eligible repairs over specified maximums the individual shall receive a grant in accordance with the current grant reimbursement chart." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME XLVIII 210 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 d i�d Le 44TE, Mayor Presented: June 27, 1983 Passed: June 27, 1983 Vote: Yeas _5 Nays 0 Recorded: Published: Attest: s/ Marie Yem Marie Yearman, City Clerk i ORDINANCE PASSED GRANTING A SPECIAL USE FOR A TRANSPORTATION FACILITY Councilman Shales made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance., Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbi'c. Nays: None. I 211 Ordinance No. G28 -83 VOLUME XLVI 11 AN ORDINANCE , GRANTING A SPECIAL USE FOR A TRANSPORTATION FACILITY WHEREAS, a written application has been filed requesting a special use for a transportation facility located at 100 West Chicago Street, 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 located at 100 West Chicago Street, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Section Z. That a special use be and is hereby granted for the operation and maintenance of a transportation facility on the property `. commonly known as 100 West Chicago Street, Elgin, Illinois, and legally described as follows: Parcel #1. That part of Lots 3 and '4 in Block 23 of the original town of Elgin on the west side of the Fox River described as follows: commencing at the intersection of the southerly line of said Lot 3 with the easterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Co., thence northwesterly along the east- erly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Co. being along a line 30 feet easterly of, as measured at right angles thereto, and parallel with the center line of the easterly track of said Chicago, Milwaukee, St. Paul and Pacific Railroad Co., 22 feet to the northerly line of the southerly 1 /3rd of said Lot 3, for the point of beginning thence northeasterly along said northerly line 105.54 feet to the westerly bank of the Fox River thence northwesterly along said westerly bank, 87 feet more or less to the southerly right of way line of West Highland Avenue, as now established, thence southwesterly along said south- erly right of way line 82.78 feet to the said easterly right of way line of the C.M.St.P. $ P. Railroad Co., thence southeasterly along said easterly right of way line 85.04 feet to the point of beginning in the City of Elgin, Kane County, Illinois. Parcel #2 That part of Block 23 of the original town of Elgin, as plotted by William C. Kimball on the west side of the Fox River, described VOLUME XLVIll as follows: beginning at a point of intersection of the north line of West Chicago Street with the east line of the right of way of the C.M.S.P. &,P, Railroad Coo, thence northerly along the easterly line of said right of way to the south line of Lot 3 in said Block 23, thence easterly along said south line of said Lot 3 to the sect line of Fox River; thence southerly along saia west line of said Fox Kiver to said north line of West Chicago Street thence westerly along said north line of West Chicago Street to the point of beginning. Also the South 1 /3rd of that part of said Lot 3 in said Block 23 lying east of the said right of way of the Chicago, Milwaukee, St; Paul and Pacific Railroad Co., in the City of Elgin, Kane County, Illinois> subject to the following conditions: 1. Conformance to the site plan and building elevations; and 2. Compliance with all other applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from andafter its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: June 27, 1983 Passed: ,tune 27, 1983 Vote: Yeas 5 Nays O Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk PPROVING CHANGE ORD Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 212 213 RESOLUTION APPROVING CHANGE ORDER NO. 7 IN THE CONTRACT WITH P.B. VERDICO, INC. FOR CONSTRUCTION OF THE ECC- FOUNTAIN SQUARE CAMPUS PHASE I VOLUME XLVIII WHEREAS, the City of Elgin has heretofore entered into a contract with P.B. Verdico, Inc. for construction'' of the ECC - Fountain Square Campus Phase I; 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 authorized 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: June 27, 1983 Adopted: June 27, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk Councilman Shales made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIiI 214 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY, INC. FOR PHASE YI OF ECC- FOUNTAIN SQUARE CAWS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Irving Construction Company, Inc. for Phase II 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 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. s./ Richard L. Verbic Richard L. Verbic, Mayor Presented; June 27, 1953 Adopted: ,tune 27, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk _RESOLUTION ADOPTED APPROVING NO. 3 IN THE CONTRACT WITH I COMPANY FOR PHASE TT OF ECC CAMPHr PRn,iF.. ION Councilman Hansen made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 215 VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY, INC. FOR PHASE Ii OF ECC- FOUNTAIN SQUARE CAMPUS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Irving Construction Company, Inc. for Phase II 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 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 author- ized and directed to execute Change Order Number- 3, a.copy of which is attached hereto and made a part hereof by reference. - Presented: June 27, 1983 Adopted: June 27, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Mariep Yea r q Marie earman, City Clerk s/ Richard L. Verbic Richard L. Verbic, Mayor TION ADOPTED APPR IN THE CONTRACT W Councilman Andersen made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY, INC. FOR PHASE II OF ECC- FOUNTAIN SQUARE .CAMPUS PROJECT WHEREAS, the City of Elgin, has heretofore entered into a contract with Irving Construction Company, Inc, for Phase.II 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 4, attached hereto, NOW, THEREFORE, BE IT RESOLVED BY THE CITY CUUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo 'Nelson; City Manager, be and is hereby author- ized 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 ar• L. Verbic, Mayor Presented: June 27, 1983 Adopted: June 27, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING. MODIFICATION OF A CONTRACT WITH GUILLOU & UECKER, INC. FOR ENGINEERING SERVICES Councilman Shales made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 216 217 RESOLUTION AUTHORIZING MODIFICATION OF A CONTRACT WITH GUILLOU $ UECKER, INC. FOR ENGINEERING SERVICES VOLUME XLVIII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, laity Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a modification to a contract dated June 11, 1980 for engineering services for the Tyler' Detention Project, a copy of which is attached hereto and made a part hereof by reference, s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 27, 1983 Aaopted: ,tune 27, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City ler RESOLUTION ADOPTED AUTHORIZLNG AffAGREEMENT WITH THE EL "GT'N "' PUBLIC MUSEUM Councilman Schmidt made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None, VOLUME XLVIII 218 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ELGIN PUBLIC MUSEUM 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 Elgin Public Museum for the administra- tion, operation, development and expansion of the Museum, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 27, 1983 Adopted: June 27, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING PAUL BROTZMAN -AS A MEMBER OF THE BOARD OF FIRE AND POLICE COMMISSIONERS Councilman Hansen made a motion, seconded by Councilman Andersen`. to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 219 VOLUME XLVIII RESOLUTION r , REAPPOINTING PAUL BROTZMAN AS A FIBER OF THE BOARD OF FIRE AND POLICE COMMISSIONERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Paul Brotzman be and is hereby reappointed as a member of the Board of Fire and Police Commissioners for a term to expire May 1, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 27, 1983 Adopted: ,tune 27, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Councilman Hansen made a motion, seconded by Councilman Andersen to approve the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic: Nays: None. t VOLUME XLV111 RESOLUTION ESTABLISHING PREVAILING.WAGE.RATES ON PUBLIC WORKS CONTRACTS WHEREAS, Illinois Revised Statutes, 1981, Chapter 48, §39s -1, et seq. entitled, "AN ACT regulating the wages of laborers, mechanics, and other workmen employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defined herein shall ascertain the general prevailing hourly rate of 'wages for employees engaged in such work; and WHEREAS, said act further provides -that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to ascertain the general` prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has determined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and made a part hereof by reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to_the effect that not less than the prevailing rate of wages as found by the-Department of Labor shall be paid to all laborers; workmen and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as estab- lished 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/ Richard Lo Verbic Richard L. Ver ic, Mayor Presented: June 27, 1983 Adopted: June 27, 1983 Vote : Yeas 5 Nays 0 Recorded: Attest: 6%—._ s Mari e Y Y e ea marl Marie Yearman, City Clerk 220 221 RESOLUTION ADOPTED FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNI- CIPALITY UNDER THE ILLINOIS HIGHWAY CODE VOLUME XLVIII Councilman Schmidt made a motion, seconded by Councilman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Thompson Elevator Inspection Service. $1,738.00 Semi - annual inspections. Cincinnati Time Recorder $1840,o0 Maintenance Program. Layne Western Co. $2,970.00 Repair to spare pump assembly. Coleman Land Co. Appraisals for 31 parcels $2,500.00 within Otter Creek Project, United Diesel Service $2,175.64 Repair of bus transmission. General Motors $1,929.78 Misc. bus stock parts. ; Councilman Schmidt made 'a motion, seconded by Councilman Shales to authorize the aforementioned payments. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays; None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for March, 1983 Greater Downtown Elgin Commission Minutes 5/2/83 Water Department Report for May, 1983 Building Permit Report for May, 1983 City Traffic Committee Minutes 5/26/83 Parking Lot Revenues 6/1/82 through 5/31/83 Public Works Department Report for May, 1983 Budget Summary 6/3/83 Councilman Hansen made a motion, seconded by Councilman Andersen to place the above reports on file. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Herb Gross, 833 Prospect: I wanted to speak tonight about the City pools, where I have been taking my family for the last 8 or 9 years, and which I think is one of the best things the City has going for it during the summer. We had an unfortunate accident earlier. I sincerely hope that accident will not cause any disruptions in the use of the pools VOLUME XLVIII 222 or any changes in allowing people to swim there because this accident did occur. I think it was unusual,. I don't expect things like that to happen again; I would like to suggest that if there is a concern for preventing these in the future then perhaps it might be considered to lengthen family swim where there would be parents who could give supervision to kids and eliminate some possibility of things like that occurring, but I would hope that pools and use of pools would not be curtailed because of this unfortunate accident. Catherine Lange, 1122 Century Oaks Drive; I would like to ask the Council to please change their decision on when the City was able to sell season family passes. There was a two day limit, I think Saturdays only, and I .just don't think that was enough time for families to get their season passes. If I have to use the coupon system the rest of the summer it will cost me about $160.00, 1 think that is rather unreasonable. I don't really object to the $60.00 family swim pass, but two days was not much of an opportunity to buy the pass. There were'a lot of people who were not able to get the passes in these two days, so what I am asking is could you please reconsider and open it up so that people can buy a pass. I understand that with the photo identification you don't have the camera available, but if we could do like they did last year, which was to bring a small photo down and have it laminated on t "o the family I.D. pass, that was suitable with Parks and Recreation last year and I think that would be suitable now for. anyone who wants to get a season pass. If I can't get the season pass I won't be using the pool as frequently. Leo Nelson: I have talked with Mrs. Lange several times on the phone and I told her that the only way the policy could be changed would be by your action. Your motion was specifically only to sell season passes on those two Saturdays and at no other time. After that Saturday we had 10 or 12 people who called to see if they could buy season passes and they were turned down, because that was your limitation. I believe the season passes have dropped from about 700 last year to about 170 this year, but coupons are selling quite well. Councilman Shales, Would it be possible to establish additional time, are there any problems. Leo Nelson: I would suggest that if you are going to do that as Mrs. Lange suggested bringing in their own pictures because we cannot set that camera equipment up, it is used by the Transportation Department. It would be better if they brought in their own pictures, we could have them laminated down there and then sell them the season pass during regular business hours. 223 VOLUME XLVIII Councilman Hansen: I would be willing to be a little more flexible here without creating a burden on the Park's Department, will make a motion that we sell season passes to residents who bring in their own picture and get their own card laminated two mornings a week for four hours. The days can be picked by the Park's staff, to commence tomorrow and continue for four weeks. Councilman Schmidt: I will second that motion. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilman Shales to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays; None. The meeting was adjourned at 10:10 P.M. Ma iee Ye a ,llCitry Clerk ° c r' VOLUME XLVIII July 11, 1983 224 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 11, 1983, at 8:50 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic The Invocation was given by The Reverend Martin W. Balzer and the Pledge of Allegiance was led by Councilman Hansen. ROLL CALL Roll Call was answered by Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Absent: Councilmen Gilliam and Schmidt. APPOINTME NT OF ACTING CITY CLERK Councilman Andersen made a motion, seconded by Councilman Shales, to appoint Nancy Roll as the Acting City Clerk. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. MINUTES OF THE JUNE 27, 1983 COUN IL TIN APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilman Shales, to approve the June 27, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Hansen, Shales and Mayor Verbic. Nays: None, Abstain: Councilman Waters. I: 1 ° �'1 1 ♦• • � •�', I I "1/111 \1 . Councilman Shales made a motion, seconded by Councilman Waters, to award the bid for the Ryerson Park Improvements to the low bidder, Illinois Hydraulic Construction Company for a total amount of $35,782.00.. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. Kjj Diftlyffil 1 R11MIUM 1-111191 �. a •i •. Councilman Waters made a motion, seconded by Councilman Andersen, to award the bid for the Douglas Avenue Park to the low bidder, Illinois Hydraulic Construc- tion Company for a total amount of $20,795..00. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ALFRED- DEMMOND STREET IMPROVEMENTS Councilman Waters made a motion, seconded by Councilman Shales, to award the bid for the Alfred- Demmond Street Improvements to the low bidder, E. M. Melahn Construction Company for a total amount of $125,836.45. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. BID TABLED FOR CONSTRUCTION OF 24" WATERMAIN ON ELGIN'S EAST SIDE Councilman Waters made a motion, seconded by Councilman Andersen, to table the bid for a 241' watermain on Elgin's east side. Yeas: Councilmen' Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. 225 BID AWARDED FOR PRINTING OF COMPREHENSIVE PLAN VOLUME XLVIII Councilman Hansen made a motion, seconded by Councilman Waters, to award the bid for the printing of the Comprehensive Plan to the low bidder, Twin Arts Printing for a total amount of $4,912.50. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. Roger Dahlstrom, Acting Planning Director: A petition has been filed by Clarence Burnidge that requests rezoning from R -2 Single Family Residence District to 0 Limited Office District. The subject property is located at 213, 217, 225, 229 and 233 North McLean Boulevard. Five individual property, owners have jointly filed this petition. The subject property is approximately 1.3 acres and is comprised of 8.5 lots and is improved with five residential structures. Seven of the lots are each 6600 square feet and the remaining lot and a half comprises 10,494 square feet. The surrounding land use and zoning:; The area located east, south and west of the subject property is located R -2 and developed with single family residences -. The area located northwest of the subject property is zoned 0 and is developed with offices and residences. The area located north of the subject property is zoned 0 and B -3. This area is developed with a residence and an automotive service station. At its regular meeting of June 20, 1983 the Land Use Committee recommended rezoning approval by a vote of five yes, one no and one present. Councilman Waters: I am correct in the understanding that there is not currently a project designed for this parcel? Roger Dahlstrom: That is correct. There is no specific proposal before us at this time. This is simply a request for the rezoninz of the acreage_ Councilman Andersen made a motion, seconded by Councilman Hansen; to approve Petition 17 -83. Yeas: Councilmen Andersen, Hansen, Shales, Mayor Verbic. Nays: Councilman Waters. PETITION 18 -83 REQUESTING A REZONING FROM 3 SERVICE BUS NRSS nT.T17T!'T TO D -n Roger Dahlstrom, Acting Planning Director: The petitioner is proposing to return the subject property to a residential use as it was originally platted and developed many years ago. The subject property is approximately 24,000 square feet. The parcel at 322 W. Highland Avenue is approximately 9,400 square feet and 330 W. Highland Avenue comprises approximately 14,500 square feet. At its regular meeting of June 20, 1983 the Land Use Committee recommended rezoning approval by a vote of seven yes and zero no. Mr. Timke was unable to attend tonight's meeting. Councilman Waters made a motion, seconded by Councilman Andersen, to approve Petition 18 -83. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 226 PETITION 19 -83 REQUESTING A B -3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR AN OPEN SALES LOT, PRO ERT LOCATED AT 57 PAGE STREET Roger Dahlstrom, Acting Planning Director: Mr. Bates proposes to establish a motor vehicle open sales lot office and detail shop on the property in support of vehicle sales operation nearby which he occupies. The subject property is approximately 6,600 square feet. At present there are no improvements on the property. At its regular meeting of June 20, 1983 the Land Use Committee recommended special use approval subject to compliance with all applicable codes and ordinances by a vote of seven yes and zero no. Councilman Andersen made a motion, seconded by Councilman Hansen, to approve Petition 19 -83. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED RECLASSIFYING PROPERTY AT 523 NORTH MCLEAN BOULEVARD FROM R -2, SINGLE FAMILY RESIDENCE DISTRICT. Councilman Andersen made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Shales and Mayor Verbic. Nays: Councilman Waters. 227 VOLUME XLVIII Ordinance No. G29 -83 AN ORDINANCE RECLASSIFYING PROPERTY AT 523 NORTH MCLEAN BOULEVARD FROM R -2, SINGLE FAMILY RESIDENCE DISTRICT, TO 0- LIMITED OFFICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 523 North McLean Boulevard, Elgin, Illinois, from R -2, Single Family Residence District, to 0- Limited Office District; and WHEREAS, teesr public hearing notice submitdits report and recomnendatinsto 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, IZLINOIS: 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 b6undaries.1ereihbefore 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 0- Limited Office District, the following described property: Lot 12 in Block 5 of Wing Park Manor Addition to 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 �ulard L. Verbic, mayor Presented: July 11, 1983 Passed: July 11, 1983 Vote: Yeas 4 Nays 1 Recorded: Published: At est: sa j, L s/ Nancy Nancy Ro11,i ACE ang- City Cler ORDINANCE PASSED GRANTING A SPECIAL USE PERMIT FOR OFF- STREET PARKING Al 415 SUMMIT STREET Councilman Hansen made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 228 Ordinance No. G30 -83 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR OFF- STREET PARKING AT 415 SUMMIT STREET WHEREAS, written application has been made for a special use permit for off- street parking for the property located at 415 Summit Street, Elgin, Illinois; and WHEREAS, the Land Use Committee conducted a public hearing on said request after due notice in the 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 OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a special use permit be and is hereby granted for the purpose of off- street parking at 415 Summit Street, Elgin, Illinois, and legally described as follows: That part of Lot 16 of T. Schoonhoven's Addition to Elgin described as follows: Beginning at the Southwest corner of said Lot 16; thence North 0 degrees 30 minutes West along the West line of said Lot, 231 feet to the South- erly line of Lot 11 of Charlotte S. Magden's Addition to Elgin; thence East along said Southerly line to the East line of the West 62.92 feet, measured along the South line of said Lot 16; thence South 0 degrees 30 minutes East parallel with the West line of said Lot, 231 feet to the South line of said Lot; thence South 89 degrees West along said South line 62.92 feet to the point of beginning, (except the Southerly 118 feet, as measured along the Easterly and Westerly line thereof) in the City of Elgin, Kane County, Illinois. subject to the following conditions: 1. The off- street parking lot shall be developed in substantial conformance to the Site Plan prepared by the Planning Department, dated May 31, 1983. 2. Compliance with all other applicable codes and ordinances. Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Ri ar L. Ver ic, Mayor 229 Presented: July 11, 1983 Passed: July 11, 1983 Vote: Yeas S Nays 0 Recorded: Published: Attest: s/ Nancy Roll V Nancy K014, ctUT -City 71er VOLUME XLVIII Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 230 RESOLUTION OF INTENTION TO ISSUE APPROXIMATELY $1,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR HINCKLEY $ SCHMITT,.INC, AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN HINCKLEY $ SCHMITT, INC. AND THE CITY OF ELGIN, ILLINOIS WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "Issuer ") is authorized by Ordinance S2 -80, as amended, (the 'Act "), to issue revenue bonds for the purposes set forth in the Act and to expend the proceeds thereof to finance, among other things, the cost of acquiring, constructing and improving certain projects as defined in the Act, and to sell such revenue bonds to others and WHEREAS, in furtherance of the purposes set forth in the Act, the Issuer proposes to finance all or a portion of the costs of acquiring constructing and equipping a new facility for the processing and distribu- tion of bottled water (the "Project ") to be used by Hinckley $ Schmitt, Inc., an Illinois corporation (the "Company "), by means of the sale and issuance of its revenue bonds, and to authorize such actions as might be required to implement such stated intention; and WHEREAS, it is considered essential that the construction of the Project be commenced at the earliest practicable date, but the Company . wishes to commence acquisition, construction and equipping of the Project only after satisfactory assurances from the Issuer that the proceeds of the sale of the revenue bonds of the Issuer will be made available in an amount necessary to finance the costs of the Project; and WHEREAS, the Issuer considers that the financing of the Project by the Issuer for the Company will promote and further the purposes of the Act; and WHEREAS, a form of agreement, designated as a 'Memorandum of Agreement" has been prepared under which the Company has stated its willingness to enter into an agreement with the Issuer under which the Company will be obligated to pay amounts sufficient to pay the principal of, interest on and redemption premium, if any, on the revenue bonds as and when the same,, shall become due and payable; and WHEREAS, it is considered wise, expedient, necessary and desirable and in the best interests of the Issuer that said Memorandum of Agreement be executed for and on behalf of the Issuer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. That in order to assure the acquisition, construction and equipping of the Project, with the resulting public benefits which will flow from the operation thereof, it is deemed wise, expedient, necessary and advisable that the Memorandum of Agreement (hereinafter referred to) be approved and executed for and on behalf of the Issuer and that the Issuer issue its revenue bonds as provided therein in an amount of approximately $1,000,000 or such other amount as may be necessary to finance the Project. 231 VOLUME XLVIII Section 2. That the Memorandum of Agreement by and between the Company" and the Issuer, in substantially the form and with the contents set forth in Exhibit A attached hereto, be and the same is hereby approved and the execu- tion thereof is hereby authorized. Section 3. That the Mayor of the Issuer is hereby authorized and directed to execute said Memorandum of Agreement, said Memorandum of Agree- ment which constitutes and is hereby made a part of this resolution to be in substantially the form, text and _containing the provisions set forth in Exhibit A attached hereto. Section 4. That all orders and resolutions or parts thereof conflicting herewith be and they are hereby repealed. Section S. This Resolution shall be effective immediately. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas S Nays 0 Recorded: _ Attest: s/ Nancy Roll U Nancy Roll, Acting City Cler Councilman Shales made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 232 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS PROPERTY OWNERS TO PROVIDE FOR LOCAL IMPROVEMENT ON ALFRED AND DEDMOND STREETS WHEREAS, it has been determined by the City Council of the City of Elgin that it is necessary and desirable to make certain local improvements along and upon the public right of way known as North Alfred Street from Wing Street to a point 361 + feet south of Demnond Street and Demmond Street from Wing Park Boulevard to North Aldine Street in the City of Elgin, County of Kane, Illinois; WHEREAS, said local improvement will consist of street resurfacing and pavement, along with storm sewers, curb and gutter installation; 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 Martha Grimes Walter and Dorothy Schock Betty Peabody Dorothy Schock Elgin Bible Church James D. Battista Robert W. Zeman Robert W. Hoke Nancy Curran Anne Fohrman Jeffrey L. Meyer Lois S. Rakow Phyllis J., Peter and Robert C. Gehrig John F. and Ruth W. Riley Alta L. Scholl Gladys M. Unruh Jacqueline M. Grant Address 439 North Alfred Street 443 North Alfred Street 444 North Alfred Street 447 North Alfred Street 451 North Alfred Street 454 North Alfred Street 503 North Alfred Street 504 North Alfred Street 505 North Alfred Street 506 North Alfred Street 507 North Alfred Street 508 North Alfred Street 509 North Alfred Street 510 North Alfred Street 511 North Alfred Street S12 North Alfred Street 514 North Alfred Street 233 Joseph M. Gleeson Nanat Alimousri Joseph E. Tillmore Margaret C. Doherty Garner Walter and Lucille Rosborough Gary Fisher George Konstonetinsdy Arthur L. and Mary B. Krambeer Myron L. Hanson Dale C. Simpson Elgin Bible Church Brenda J. and Billy R. Hulsey Walter Shales Vendla Badger Frank W. Hopp Walter J. Reed Walter Shales Walter Shales Walter Shales V011ME XLVIII 515 North Alfred Street 516 North Alfred Street 519 North Alfred Street 521 North Alfred Street 546 North Alfred Street 551 North Alfred Street 552 North Alfred Street 562 North Alfred Street 501 North Aldine Street 1070 Demmond Street 1071 Demmond Street 1104 Demmond Street 1105 Demmond Street 1073 Wing Street 470 Wing Park Boulevard 480 Wing Park Boulevard Vacant Parcel on Demmond Street Vacant Parcel on Alfred Street Vacant Parcel on Alfred Street WHEREAS, said owners have agreed to participate in the financing of said local improvements upon the terms and conditions contained in the agreements 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. VOLUME XLVIII 234 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 the City Clerk shall cause these agree- ments to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois. BE IT FURTHER RESOLVED that these agreements shall constitute a lien upon the real property described in each agreement until the sums indicated in paragraph 4 of the agreements are paid in full. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas S Nays 0 Recorded: Attest: j e3 hA�2�1.1�- Z:auLJi✓V� -�1�� s/ Nancy Roll V Nancy Roll:, cting.City_Cler ORDINANCE PASSED LIMITING THE WEIGHT OF VEHICLES PERMITTED ON CERTAIN STREETS IN THE CITY OF ELGIN Councilman Hansen made a motion, seconded by Council Waters, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. 235 VOLUME XLVIII Ordinance No. G32 -83 AN ORDINANCE LIMITING THE WEIGHT OF VEHICLES PERMITTED ON CERTAIN STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11 of Chapter 11.24 of Section 11.24.410 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read - as -follows: A. It is unlawful for any person to operate any motor vehicle on, upon or over the following streets when such vehicle, with or without load, exceeds ten thousand pounds: Lawrence Avenue from McLean Boulevard to State Street (Illinois Route 31); McClure Avenue from Highland Avenue to Wing Street; Bent Street from Liberty Street to Villa Street. B. The city traffic engineer shall cause signs indicating the foregoing weight limit to be erected and maintained to and upon the approaches to the foregoing streets. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 11, 1983 Passed: July 11, 1983 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: Hancy Roll Nancy Roll, cting,Ti Cler RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER NO. 1JO CONTRACT WITH MCKEEVER CONSTRUCTION COMPANY FOR' NATIONAL STREET CRY= PARKING LOT -- Councilman Waters made a motion, seconded by Councilman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVITI 236 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT WITH McKEEVER CONSTRUCTION COMPANY FOR NATIONAL STREET COMMUTER PARKING LOT WHEREAS, the City of Elgin has heretofore entered into a written contract with McKeever Construction Company for the construction of the National Street Commuter Parking Lot; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 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 No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Ra 'ar L. Ver ic, Mayor Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas S Nays 0 Recorded: Attest: t, s/ Nancy Roll Nancy Roll, - ctar�,' City _Cler RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER NO. 1 Councilman Waters made a motion, seconded by Councilman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic, Nays: None. 237 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT WITH HARRY W. KUHN CONSTRUCTION COMPANY, INC. FOR BIG TIMBER C014UTER PARKING LOT VOLUME XLVIII WHEREAS, the City of Elgin has heretofore entered into a written contract with Harry W. Kuhn Construction Company, Inc. for the construc- tion of the Big Timber Commuter Parking Lot; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 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 No. 1, a copy of which is attached hereto and made a part hereof by reference. Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas S Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Cler 1I s/ Richard L. Verbic Richara L. Verbic, Mayor Councilman Shales made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. G31 -83 AN ORDINANCE AMENDING THE TRAFFIC RESTRICTIONS ON WEST HIGHLAND AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 238 Section 1. That Title 11, Chapter 11,24 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the list of restricted turns under Section 11.24.040B the following: No left turn onto Crystal Avenue from westbound Highland Avenue. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard,L. Verbic Ric and L. Ver iC, Mayor Presented: July 11, 1983 Passed: July 11; 19.83 Vote: Yeas S Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Actang:'City'Cler ION ADOPTED AUTHORIZING AN AGREEMENT WITH M Councilman Hansen made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic, Nays: None. 239 VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREEMENT WITH THE PERFORMING ARTS REPERTORY THEATRE 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 Performing Arts Repertory Theatre 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 L. Verbic, Mayor Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas 5 Nays 0' Recorded: Attest: s/ Nancy Roll Nancy Rolsl,: Acting.City-Cler Councilman Waters made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREHvIENT WITH PRODUCERS ASSOCIATION FOR YOUNG AMERICA 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 Producers Association for Young America Inc. for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas S Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, :Acting City,-Clerk THE s/ Richard L. Verbic Richard L. Verbic, Mayor AN AGREEMENT WITH 'S FOR YOUR PEOPLE SERIES 240 Councilman Hansen made a motion, seconded by Councilman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. 241 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE BROQUE OPERA CO. FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES VOLUME XLVIII 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 Broque Opera Co. for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas S Nays 0 Recorded: ,Attest: s/ Nancy Roll v Nancy Roll,. Acting - Ci,ty er ' - s/ Richard L. Verbic KICRara L. Verbic, Mayor CONTRACT Councilman Waters made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 242 RESOLUTION AUTHORIZING A CONTRACT FOR THE PURCHASE OF CERTAIN PROPERTY LOCATED ON SUMMIT STREET WHEREAS, it is necessary and desirable to acquire certain real property located on the north side of Summit Street 198 + feet east of Hill Avenue, Elgin, Kane County, Illinois for the purpose of-a fire station. 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 Wilbur Bell, a copy of which is attached hereto and made a part hereof by reference, on behalf of the City of Elgin. Vr' Ra ar L. Ver ic, Mayor Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas S Nays 0 Recorded: Attest: s/ Nancy Roll .Nancy Roll,,, eta , Uty ' er " �. , RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH JOHN A. WABICH FOR ARCHITECTURAL AND ENGINEERING SERVICES Councilman Hansen made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. 243 VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH JOHN A. WABICH FOR ARCHITECTURAL AND ENGINEERING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement with John A. Wabich for architectural and engineering services for the fire station, a copy of which is attached hereto and made a part hereof by reference, Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas S Nays 0 Recorded: �Attest: V�iGi�JU. -ems u=- ��./�.�6!�•GL__✓ S/ Nancy Roll Nancy Roll, Acting City Clerk s/ Richard L. Verbic Richard L. Verbic, yor M "11 Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales,,Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 244 RESOLUTION REQUESTING THE KANE COUNTY BOARD TO APPROVE PROPOSED REGIONAL POLLUTION CONTROL FACILITY WHEREAS, the Sanitary District of Elgin which serves the City of Elgin, Illinois, has undertaken an extensive study to evaluate the present and future sludge management needs of the District's users; and WHEREAS, the District's engineers, geologists and soils engineers have have evaluated the various solutions to such management program and a facility therefor; and WHEREAS, the following favorable results have been found applicable to a site located South of the Illinois Central Railroad at the intersection of Route 31 and McLean Boulevard for such a facility, namely: (a) the facility is necessary to accommodate the waste needs of the area it is intended to serve; (b) the facility will be so designed, located and proposed to be operated that the public health, safety and welfare will be protected; (c) the facility will be located so as to minimize incom- putability with the character of the surrounding area and to minimize the effect on the value of the surrounding property; (d) the facility will be located outside the boundary of the 100 year flood plain as determined by the Illinois Depart- ment of Transportation; (e) the proposed plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents; and (f) the traffic patterns to or from the facilities will be less than existing traffic flows. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council hereby urges the County Board of Kane County, Illinois, to grant its approval to the Sanitary District of Elgin, Illinois, for the operation of a new regional pollution control facility upon the site hereinabove described for such facility. Richard Ver Le Verbic Ri ar L. ic, Mayor Presented: July 11, 1983 Adopted: July 11, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Nancy R Nancy Roll, Acting City Clerk 245 APPROVAL OF EXECUTIVE COMMITTEE MINUTES FOR 1982 VOLUME XLVIII Councilman Hansen made a motion, seconded by Councilman Andersen, to approve the Executive Committee Minutes for 1982. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Layne- Western Co. $17,870.41 Repair of pump and motor in Slade Avenue deep well #6 Grumman Flxible Corp. $ 4,761.60 Chicago Toro $ 1,840.19 Acushnet Company $ 2,350.50 Neighborhood Housing $14,205.00 Services and Paul Lubinski Neighborhood Housing $ 6,648.00 Services and Ruperto Acevedo Misc. bus stock parts Repair of Toro Sand Pro for Spartan Meadows Golf supplies for clubhouse operations -] l abilitation of 485 Mary Place Rehabilitation of 702 Grace Street Councilman Waters made a motion, seconded by Councilman Shales, to authorize the aforementioned payments. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. AUTHORIZATION FOR ISSUANCE OF SCAVENGER LICENSES Monarch Disposal Richard Schrieber Willow Lake Estates Ray Schrieber Browning- Ferris Ind. Laidlaw Waste Systems Councilman Hansen made a motion, seconded by Councilman Andersen, to authorize the aforementioned scavenger licenses. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACID ON FILE Public Property and Recreation Board Minutes - June 6, 1983 City Traffic Committee Minutes - May 12, 1983 Bluff City Cemetery Monthly Report for May, 1983 Building Permit Report for Month of June, 1983 Spring Street Parking Deck Income and Expense Summary for May, 1983 Civic Center Parking Income and Expense Summary for May, 1983 Councilman Andersen made a motion, seconded by Councilman Hansen, to place the above reports on file. VOLUME XLVIII 246 Glenn Traub objected to the traffic committee minutes which advocates the vacating of a portion of Center Street. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic: Nays: None. PUBLIC HEARING SET FOR AUGUST 8, 1983 Councilman Waters made a motion, seconded by Councilman Andersen, to set August 8, 1983 at 8:00 p.m. for a public hearing to consider the petition of Apostolic Christian Church by Alice Burnidge, Clarence Burnidge and Luella Burnidge, to annex property to the City of Elgin located on Highland Avenue, west of Randall Road in Elgin Township, Kane County, Illinois. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Councilman Gilliam arrived - 9:30 p.m. is- ON Roger Dahlstrom, Acting Planning Director: A petition has been filed by J. W. Spencer of American Medical Buildings and John A. Graham on behalf of Sherman Hospital that requests an amendment to Planned Unit Development Ordinance No. G24 -80. The proposed amendment provides for a three story medical office` building to be located on the northeast corner of Slade Avenue and Center Street. The expansion of the existing surface parking lot located south of Slade Avenue and west of Center Street and the replacement and expansion of the existing oxygen storage area located on Spring Street. The proposed expansion of the existing surface parking lot would require the vacation of the westerly 14, feet of the Center Street right of way between Slade Avenue on the north and Lincoln Avenue on the south. The subject property is approximately 11 acres. The property is improved with a 418 bed hospital and 983 off- street parking spaces. The surrounding land use and zoning is primarily residential. The areas located to the south, west, north and northeast of the subject property are zoned R -2 single family; the area located southeast of the subject property is zoned R -3 two unit. The surrounding land use is predominately single family interspersed with some two family residences. At the special meeting of May 31, 1983 on a motion to approve the Land Use Committee recommended the denial of Petition 15 -83 by a vote of three yes and four no. Sherman Hospital is represented by legal counsel, Mr. Leo Flanagan, and members of the Northeast Neighborhood Association are also present. Jane Cook, member of the Northeast Neighborhood Association: I will limit my remarks to the findings of fact that were given to you dated July 5. They are a summation of the Land Use Committee series of hearings and I would like to point out that there are some inaccuracies in this summation, specifically under Departures from Zoning and Subdivision Regulations, the majority of the Land Use Committee has found that the requested departures from the zoning and subdivision regulations to be in the public interest. Rather than delineating each of these specific responses that are listed here, I would like to point out that in reading the transcript you will find all of these findings are not accurate. The Land Use Committee did respond in their final vote of four votes against and three in approval of the petition in denying this and I'm concerned that you should read these findings you may be misled as to what was actually occurring at the Land Use hearing. 247 VOLUME XLVIII Hank Rozycki, member of the Northeast Neighborhood Association: We have had hundreds of hours of conversation regarding this application with Sherman Hospital and City staff. You've seen the testimony from the hearings and there is not much more that can be said, but I would like to emphasize that the Northeast Neighbors are not against Sherman Hospital. Our concern is that this is a commercial building, doctors are an integral part of health care, but at the same time there are other doctors office buildings, there is land in the City itself and on Route 25 and in other areas where this doctors office could be located. If these 30 doctors have their office there because it is better for their patient care, then why shouldn't all the doctors be clustered within a couple block area of the hospital, and where does something like this stop. If this was a request being submitted by the doctors and they were going to be buying the property, then the reaction of everyone would be a lot different. This is a commercial building, it is for the doctors, and it is not for improved health care. The applica- tion that was submitted to the City Council is dramatically different than the application that was submitted to HSA. In the HSA application it was worded quite strongly that this is a commercial venture, that it is primarily for the benefit of the doctors and that Sherman Hospital will get some benefit from this, but it is for the benefit of the doctors. We brought up the ownership issue, which the hospital counsel says is a non- issue. It is an issue, whether people like using the word ownership or not, our suggestion is rather than the counsel for the hospital determining ownership the issue should be directed to the counsel for the City and the ownership issue and how it complies with the PUD ordinance should be determined by counsel for the City, which I would hope would be impartial. The application also includes a long range plan. There are 147 foot towers included in the long range plan, which might be the maximum height these buildings could be, and they have minimum setbacks, like 10 feet away from the right of way, which is much too close. They have to be laid out that way according to the hospital because the layout of the current surgical wing would comply in that area. The surgical wing was built without any approval from the City, which is how we got into this entire PUD process, If we had gone through the proper procedures when that surgical wing was being built, tiaen- everything could have dramatically. changed. If the application, as submitted with the long range plan, is approved, our concern is that there will be an assumption by Sherman Hospital that in the future that although they have to go through the Land Use Committee that they can assume this Council has recognized that those 147 foot towers, two of them in the middle of a residential area without proper setbacks, are basically being approved also. We've said if this were.an emergency ward; a °neonatal center, a new heart care center;or.:something like that, that we would not be opposing it. Next time, what's going to happen is that you said you wouldn't oppose these projects, but it's going to be the 147 foot towers that we are going to be accused by the papers again of being a mindless opposition to the growth and future developments of the City. The northeast neighborhood, if you drive through it, there is a lot of improve- ment going on, there is a lot of pride in the neighborhood. We have other strong neighborhood organizations like the Gifford Park Association, The strength of Elgin is going to be in its neighborhoods. I agree and understand fully that we need industry and that we need jobs in Elgin, but if we don't have strong neighborhoods, you're not going to have anyone shopping in those stores in Elgin either, or the proper types of people that you want to work in those different locations. This is not an area that requires any redevelop- ment, it is a strong neighborhood. VOLUME XLVIII 248 I would suggest that if you have not had enough opportunity to go through all the transcripts which were provided to you in detail, rather than just going through the summary reports that were provided, that the discussion be delayed until such time as you have all had enough time to review this. This is an important issue, and, of course, we do request denial. Councilman Gilliam: Are you saying that you're against the whole concept; is this a yes or no proposition, it's either this or nothing, or is there some happy medium that would satisfy you and your neighbors. Hank Rozycki: We have had negotiations with the hospital for about seven months. We provided the Land Use Committee with all documentation between Sherman Hospital and the Association. The only change that has taken place from that first plan that was put in the newspaper was the hospital dropped the retirement village concept and we did come up with a long range boundary. Those were about the only two changes. We requested on numerous occasions that they reconsider the ownership issue, that the hospital own the land as well as the building, which in everything the land use department has put together has said that the hospital has represented to counsel and them that they will own both the property and the building. We requested that, that at least the hospital would have control of the building. Once they issue leases and they have the doctors in there, they really do not have, according to what counsel has told us, the lessee is the one who has control of the building in that case. We have requested also that if they were going to go ahead with,the medical office building that they restrict it to the super specialists, the doctors who have most of the patient care in the hospital. They see fewer patients, there would be less of a traffic impact, less .parking required and the hospital would get. -,th s e types of patients who need that type of facility that the hospital would be able to offer. Both of those suggestions have con- sistently been turned down by the hospital for any number of reasons, including the tax benefits which could accrue for the doctors if they own the building. My question is, if it is better health care; wouldn't it be as good economically in one case as in the other case. Councilman Gilliam: The way I understand it, the hospital owns or leases to - doctors and by doing that, that puts it on the tax rolls. Hank Rozycki: Mr. Flanagan, as counsel for the hospital, in his testimony to the Land Use Committee said that it could go on the tax roll in either case. Councilman Waters: Rather than just being the ownership issue, from a neighbor- hood organization and the impact on the surrounding neighborhood, what is your concern about the ownership, whether it is hospital or doctor? Hank Rozycki: There are a lot of very large homes in the area and at some point those homes may become more difficult to sell and the doctors may start looking at that and assume since there is a doctors office building a block away, why can't I buy this home in the middle of a neighborhood or on another convenient corner and set up practice in one of those homes, and /or if a home is torn down or there is another property convenient to the hospital but that the doctors buy personally, once you establish the precedence for doctors office buildings in the neighborhood, that precedence will probably stand,, within reason. Councilman Waters: The ownership of the building that is being proposed, whether it's owned by the hospital or owned by the doctors, would not be establishing a precedent for the scenario that you're presenting to me. 249 VOLUME XLVIII Hank Rozycki: If the doctors own the medical building, it will be a building owned by a not -for- profit organization, which really is completely different{ from any other real commercial venture. Councilman Shales: I understand that one of the problems you have is that the long range plan is attached to the PUD ordinance. Hank Rozycki: The long range plan is part of the application which is in front of you this evening. Councilman Shales: You're afraid that if this is approved, that that will also appear to give approval to the long range plan. Hank Rozycki: Correct. Councilman Shales: I can understand that concern. Can that be spelled out somehow in the ordinance? Attorney Jentsch: Although action on the petition would not constitute approval of the plan, it would in the future be persuasive in determining whether other parts of the plan should be approved. That is, if you are aware of what is being planned and permitted part of the implementation`at this time and nothing changed between now and the time of the next step of implementation was presented to you, I think the City would be hard pressed to deny approval at that time. The corollary to that is the hospital having taken the position that that is their long range plan would similarly find themselves in a difficult position to proceed in a different manner, unless some circumstance developed that we're not aware of at this time. " Councilman Shales: The issue of the unified control of the PUD, as I read it unified control can be a group of people, so I think the ordinance would have to spell out what the use of the medical office building is limited to. Attorney Jentsch: The zoning ordinance tells us that unified control can be more than one owner, as is the case here. Owners of different tracts can combine to have a planned unit development. The issue of the Council is whether it can structure an ordinance that will protect the integrity of the medical complex, that it will be a single integrated use and not a combination of different uses. The application meets the requirements of the 'zoning ordinance in that it is a site under single ownership and control as it is presented to the City Council. The question then becomes within the plans of the hospital will their future plans act in such a way as to interrupt its continued unified control. That is something you have to determine from the application, from the transcript and from any questions and answers that you may hear tonight. Councilman Shales: I'm not clear on whether the building is going to be leased or whether parts of it will be sold. John Graham: We appreciate the opportunity to explain Sherman Hospital's planned unit develpoment amendment application. An on- campus medical office building will result in the improved effectiveness of Sherman Hospital's health care delivery system for the citizenry of Elgin and surrounding communities and is required for several reasons. VOLUME XLVIII 250 Because the primary purpose of both the hospital and the physicians is to care for the patient, we will begin with the advantages to the patient as the most important reasons for this project. (1) Improved care for in- patients as the hospitalized patient benefits from the geographic proximity of the physician because the campus based physician is only seconds away from his critical patients and is better able to provide treatment, more frequent rounds and closer supervision of patient care, (2) Improved care for emergency department and intensive care patients as critically ill or injured patients can benefit by the immediate avail- ability of physician specialists for the emergency department and other trauma center activities in time of community need or disaster. (3) Expanding medical knowledge has led to the development of sophisticated treatment techniques and expensive diagnostic equipment which are only available- to physicians through a hospital. This arrangement also permits cost containment by avoiding duplication of expensive diagnostic equipment and therapeutic services that would otherwise have to be purchased and provided by physicians remote from the hospital. (4) Greater specialization of physicians to treat the different parts of the, body for diseases requires physicians to work closely together on the hospital campus for the most effective patient referral consultation from one medical specialist to another. f (5) The growing emphasis on ambulatory health care or out - patient care requires the proximity of both the hospital and physician which facilitates efficient, convenient referral of private office patients and also prevents the fragmentation of the health care delivery system by centralizing all of these resources on,one campus. (6) The clustering of physicians on the hospital campus improves communica- tion between the hospital and physician and insures greater participation in the hospital's educational program. (7) Sherman Hospital will be assured of a more stabilized patient census through support of its on- campus physicians which will contribute to the financial viability of the hospital. (8) Sherman Hospital will be able to recruit physicians by having an attrac- tive, convenient, accessible medical office building as the need arises in the community due to retirement, death and relocation of existing physicians. (9) The medical office building represents a major investment of at least 3.7 million dollars in the Elgin community that will enhance economic development, maintain as well as create jobs and provide an additional form of revenue in the form of real estate taxes for the City of Elgin. We have reviewed all of these reasons on at least twelve different occasions over a six -month period with representatives from the Northeast Neighborhood Association and the City Planning Department staff and have asked for their input and have responded to their questions and concerns. The purpose of these numerous neighborhood meetings was to foster understanding of this project by reviewing all studies and materials and to incorporate their suggestions and concerns, where feasible, in the final plans that are submitted 251 VOLUME XLVIII tonight for your consideration, We believe our application respects the residential character and integrity of the neighborhood surrounding the hospital and will be a positive addition to the northeast end of Elgin as well as the entire City. Specifically, Sherman Hospital's current project reflects this participative planning process which has resulted in a com- promised and balanced plan with the neighborhood, with the City and with the hospital as follows: The building in its design and scale is sensitive to the nearby residences and is located in the primary development area north of Slade Avenue. Another compromise to this planning process was improved off- street parking, without razing any hospital -owned homes, and thirdly, the elimination of the retirement life care center from our long range concept plan and finally the establishment of a buffer zone of hospital -owned homes and a neighborhood park in the secondary development area south of Slade Avenue. What about the medical office building being an appropriate use? As you have read in the transcripts, on- campus medical office buildings are'considered appropriate as well as reasonable uses to a hospital. This judgment is supported by the City Planning Department staff, the Land Use Committee, the Kane, Lake and McHenry County Health Systems Agency and the Illinois Depart - ment of Public Health Planning Board. Studies evidenced that on- campus hospital medical office buildings are a nationwide trend and currently more than half of all of the hospitals in the country have developed or are in the process of developing such facilities and programs on their campuses. All comparable hospitals located to the east of Elgin have medical office buildings and it is necessary for us to remain competitive. A certificate of need has been issued by the federal and state health planning and regulatory agencies for this project addressing not only the germane health care aspects, but the additional parking needs as well. The manner in which off - street parking needs will be met and will be provided is by restriping and expanding by 141-i feet the existing surface parking lot south of Slade Avenue. This respects the neighborhood and City Planning Department's attitude regarding the razing of homes at this time. The parking plan alternative was also cost- effective and does not compromise the convenience or functional capacity of Center Street between Slade Avenue and Lincoln Avenue. This parking plan is con- sistent with our long range concept plan boundaries and land uses. The hospital is committed to providing adequate off- street parking facilities and does not desire to return to the on- street parking problems that we had in front of private residents homes that preceded the development of the parking deck in 1981.. You have just heard the opinion that such a medical office building is a commercial venture and therefore may be an inappropriate use in a residential neighborhood and is unacceptable as an enterprise associated with Sherman Hospital. It should be noted, however, that the Land Use Commission and the City Planning Department considered a medical office building an appropriate accessory use for our hospital. Some people seem to overlook that a hospital itself could be considered a "commercial venture" because it permits physicians the opportunity to earn a portion of their living by rendering care to their hospitalized patients. In addition, there are many physicians who are categorized as hospital -based physicians who earn all of their income treating patients in an out - patient or inpatient capacity at the hospital. Examples of such physicians are emergency medical specialists, pathologists, radiologists and anesthesiologists. Furthermore, other commercial enterprises also legally exist in the northeast neighborhood, and such examples are D.C. Cook Publishing Company, medical and dental offices and retail outlets, as long as they comply with the zoning code as the medical office building project does. The United States Hospital System, since its inception, has been built upon a partnership VOLUME XLVIII 252 between the private practice of medicine and the not- for - profit voluntary hospital system and is predicated upon the free enterprise system which we are all so proud of as one of the major strengths of our economy. We, therefore, have great difficulty in understanding the logic of the allegation of propriety and commercialism and feel it represents a dispute based upon emotional opinion rather than substantiated by facto A medical office build - ing and the patient care activities that take place within its walls are no different than the patient care activities that go on within the walls of Sherman Hospital. A medical office building is indeed a logical extension of the hospital's out - patient services as well as being compatible and well related to customary hospital use. The City Planning Department and the Land Use Commission have also documented that this zoning application conforms to the standards in the PUD ordinances. The approach with which this project is being developed and financed will yield economic benefit for the entire Elgin community and help to assure the financial stability and viability and independence of Sherman Hospital which is a major contributor to the economic and employment base of the Elgin area. It is worth mentioning at this point that a hospital is like any other business, it must progress and it must move forward or it will stagnate and become a liability to the community. It must also be emphasized that the ultimate benefit of locating physicians on campus is what it will do to improve patient care and health care services in general. Shorter patient days, subsequent lower costs, less duplication, more consultation, more frequent patient visitation, better supervised patient care all testify to the positive effects for the patient. Broader, more an -depth coverage of hospital services, improved educational programs, increased efficiency of the hospital and the greater availability of the physicians and services all ultimately contribute to the health and well -being of the people of the Elgin community. We respectfully request that you favorably consider our zoning amendment. TAe also will be happy, if the Council requests, to further describe this project using the plans and diagrams we've brought with us this evening. Councilman Shales: Do you plan to lease the building to doctors or do you intend to sell space. Attorney Flanagan: It is not a condominium development; It will be leased. At the conclusion of the lease the building will revert, just as any lease, to the landlord, which will be the hospital. Councilman Gilliam: How long is the term? Attorney Flanagan: It has not been decided, but it will be long term, 30 to 40 years. The doctor will be permitted to sublet, however, there will be restrictions in the lease to the extent that the hospital will insist that the use be a compatible use. The hospital is only interested in providing the services that doctors can provide. John Graham: I can assure you that we will in the covenants of the land lease that we provide to the physician partnership restrict the use to medical office buildings because we are very concerned about how the building is maintained and operated and rented and that is the only purpose for the medical office building is to keep it as a medical office building for doctors who are in good standing on Sherman Hospital's medical staff. 253 VOLUME XLVIII Councilman Waters: When you permit doctors to sublease their space, how will Sherman Hospital maintain control over the mix of specialties? Will you be able to? John Graham: Yes. The control over the types of physicians that are in the building are very important to make sure it becomes an effective and efficient building. We will maintain a balance of doctors. They will have to come to us because we are the coordinator of the development of this building. Councilman Andersen: I could support this project with one glaring exception, and that is the vacating of 142 feet of right of way on Center Street. If that is not done I would have to vote no to delete that portion of it. I don't believe that we should continue a precedent that has been established and that is vacating streets for thisor any other kind of enterprise with the exception of perhaps a governmental body wanting to vacate a street or a portion of it and I would be willing to. support this with a variation in the parking requirements and the stipulation that the lot on Center Street and south of Slade Avenue be restriped to accommodate the present day smaller cars and let the hospital go with their existing surface parking down there. Councilman Waters: Regarding the mix of specialists, has the hospital estab- lished an ideal mix in your covenants which you will address and maintain throughout the term of the lease or whether that mix is happenstance by persons who have expressed an initial interest on a first come first serve basis. John Graham: We control the people who are going into the building. Councilman Waters: Will your covenants maintain that control even though the physician can sublet the parcel that he initially controlled? John Graham: We will control that through the covenants in the lease as some practices of medicine would do a disservice to the whole function of the medical office building. Councilman Waters: My concern is not so much with those that you would prohibit because of their specialization and not being applicable to the hospital as much as concentration of specialization. In maintaining your mix rather than having a concentration of specialists develop over the years. John Graham: That would not be an advantage or benefit to have it become imbalanced when the ideal function of the building is to maintain proper balance of specialists so we can get full utilization of our ancillary services and hospital use and have different specialists available to the emergency department and other services of the hospital. That would be con - trolled through the covenants, Mr. Spencer from American Medical, Inc.: The precise form of control has not yet been determined, but there would be a control mechanism built into the landlease which would give the hospital something like the first right of refusal in the event empty space were to be released to another physician. So they,would have a maintaining ability to control the mix so it would be beneficial to everybody. Councilman Waters: The only motivation for not maintaining that mix may be that there is vacant space and you may have a person who is ready to come in and has the money up front, but is not a part of that mix. VOLUME XLVIII 254 John Graham: In that case, we would go back to the hospital's right of first refusal and we would buy that space so that we could control it until we got the proper doctors in the building and that would be maintaining. Councilman Gilliam: If this is approved, what is to stop the hospital from coming back and saying if we can't expand and take more homes, then we want to go up and built a 147 foot tower? How can that be avoided? The office building is a nice concept, but what's going to stop it from being a highrise facility that stands out above everything else in a residential neighborhood? John Graham: If the office building is there or isn't there is not going to make a difference on the heights of the building. Basically, because we have limited ourselves to the primary development of the hospital we imposed limita- tions four years ago that we would only build hospital facilities in the two square block area bounded by Spring, Cooper, Prospect and Slade. What we have is the ability to replace the existing hospital as it becomes physically and functionally obsolete to the east. The surgical wing is Phase I of our master development plan. We have a plan that shows the total hospital fully developed to its maximum potential with the expansion of the medical office building. These buildings have been laid out with effectiveness and efficiency in mind in the operation of a hospital and the configurations of the building are almost predetermined right now because of the surgical building being in place with the underground facilities, mechanical equipment that are in place already, we are locked in in where we can develop the lines of the building. Councilman Gilliam: If you try to prioritize your needs over the next few years, would it be more beneficial to put some other medical facility where you're going to put the medical office building? John Graham: No. Where the medical office building is located, it will not interfere with the replacement of Sherman Hospital nor will it give us any space to limit the height of the buildings. Councilman Hansen: The thing that I'm most concerned about is the street vacation. How much parking is gained by giving up the street, and I under- stand none of the parking facilities are full and if that is the case, why are we vacating the street prematurely? John Graham: Right now we have 983 spaces. With the restriping and vacating we will have 1108 parking spaces for the hospital. What it does is put us in compliance with Ordinance No. G24 -80 which forces the hospital to provide 928 parking spaces, which is 2.22 stalls per bed at an 85% occupancy and fulfills the 180 additional spaces which we need for the office building. Councilman Hansen: How many spaces would you get in the south lot if you just restriped it? John Graham: If we just restriped that-lot we would get 393, that's an addi- tion of 118 spaces. The vacation would aad 43 spaces. Mr. Beebe, who did a parking study in 1980, stated that the 2.22 factor was developed with the staff of the Planning Department to provide a realistic parking supply for Sherman based on an 85% occupancy level. That was a compromise figure based on the generally accepted 2.35 spaces per bed in urban area hospitals and the 2.0 which was then and still is the base number in the Elgin zoning ordinance. It was done because of the extensive curbside parking in the neighborhoods 255 VOLUME XLVIII Councilman Shales: I believe it's been some time since you have had an 85% occupancy leve, what does it run now? John Graham: Approximately 72 %. Councilman Shales: I have a problem with vacating a portion of a street for parking spaces that I really don't see a need for. Councilman Hansen: I believe without the street vacation the hospital would meet the City requirements for parking, is that correct? Roger Dahlstrom: It's part of Ordinance No. G24 -80. I believe it was estab- lished in deference to the neighborhood concerns about parking on the streets by people utilizing Sherman Hospital. The planning staff has not had an opportunity to review any alternative parking plan for the area south of Slade so we cannot comment on whether or not only 43 spaces would be lost. In addition, I would like to state that one of the reasons for the development of a medical office building is to increase the census at the hospital, so perhaps there is parking available in abundance now, it may not be true with the medical office building in place. Councilman Waters: I would like for Roger to respond also to the suggestion that the vacating of Center Street establishes a precedent that would be used by others in the community. Roger Dahlstrom: I don't know that it would set a precedent in that those decisions are always your decisions and they could always be evaluated on a case by case basis., Councilman Gilliam: My question is if we eliminate the 43 spaces, will we then have the neighbors coming back to us saying the hospital people are parking in front of my house and on the side streets. Roger Dahlstrom: One of the concerns of the Northeast Neighbors is parking on the streets, which is why we have even contingent plans beyond the present recommended required parking. Councilman Gilliam: As a compromise, could we say that we would not vacate the street but leave that option open if parking should become a problem. Roger Dahlstrom: That is up to the hospital, if they will accept that. It should be considered that they will be developing the parking lot with curb cuts and islands which can be expensive to change. John Graham: We feel this medical office building project is so important that we would be willing to move ahead without the partial vacation of Center Street, if everyone understands that should the patient activity increase and we get into a parking problem in the future, that we will work with the Planning Department and Traffic Committee and put a petition in front of you for either a vacation or the razing of three homes to provide a 40 to 45 space lot in this area. Councilman Gilliam: Can we get some feedback from the Northeast Neighbors? _. Hank Rozycki: We would like to avoid the destruction of more homes. If other alternatives are not available at this time, our preference is the vacation of the 142 feet of Center Street versus tearing down more homes in the neighborhood. VOLUME XLVIII 256 Councilman Gilliam: Would you be willing to accept our waiting before vacating the street? Hank Rozycki: I cannot answer for the entire organization, Harriet Akemann of 262 Lincoln: We own three properties and we strongly object to the narrowing of Center Street which is already a narrow street and with snow removal it could create a problem later. I would like to stress that we have suggested to Mr. Graham that they relocate the medical office building to an area where they would have perimeter parking then build another parking structure east of the existing parking structure. I do not favor tabling the possibility of vacating Center Street to a later date, because I think that would eventually happen if a medical office building goes in. Jane Cook: It is not appropriate to be vacating any of Center Street since the hospital does not at this time own all the homes on Center Street. Councilman Andersen made a motion that the request be granted with the excep- tion of the vacating of 14Z feet on Center Street and to give the hospital a variation in the parking ordinance, seconded by Councilman Hansen, Councilman Shales: Will the ordinance clearly state the limits of the use of the office building? Attorney Jentsch: The ordinance will include the 20 plus conditions that were recommended and among them is the condition that it will be used for medical office purposes only. Councilman Waters: I speak in opposition to the motion as it has been made. It seems the Council is taking the position of opposition to the vacating of that street on the basis of principle and not on the basis of need or the determination of need and I'm not convinced in my own mind that that being a precedent for others is valid. I don't think the vacating of the street for this project establishes a precedent for anyone else and I think, in fact, it is compatible with the intent of the total project. I would speak against the motion as it has been stated. Councilman Gilliam: Are we saying that we will never vacate it or that the option is there? The motion stated that that would be out of the petition. Mayor Verbic: That could be addressed in another petition, Attorney Jentsch: You would not be in a position to restrict a future council from taking such action as it might determine at that time, it can always be vacated at a later date. Hank Rozycki: My personal opinion is that I would rather have the project go ahead with the vacation of that portion of Center Street based on the avail- ability of parking, Councilman Hansen: I'm going to support this motion as sometimes these things have a natural progression and the vacation of the street on the next phase of the hospital's progress may be a moot question. I appreciate the fact that the hospital is willing to compromise here to satisfy this request, 257 VOLLM XLVIII Jane Cook: Our concern is with the neighborhood as an entity. It's one thing to talk about going down the road and looking at things in the future. Our concern as a neighborhood group is the well being of the neighborhood. It can become a mushrooming problem, if there are parking problems the desireability of the neighborhood as aplace to buy into will be affected and is something that needs to be provided for ahead of time, you cannot constantly be making up for the parking needs. Mayor Verbic: The legal counsel has looked over my aspect as far as voting and they see no reason according to the laws of the State of Illinois that I am not allowed to vote as I have absolutely no pecuniary return as far as my involvement on this particular issue. Councilman Waters I find myself forced to vote against this motion because of the vacation of the street. I'm supportive of the medical office building, but find myself having to vote against the project because of the vacating of the streets Yeas: Councilmen Andersen, Gilliam, Hansen, Shales and Mayor Verbic. Nays: Councilman Waters. MD et ' yl OR Councilman Hansen made a motion, seconded by Councilman Andersen, to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 11 :25 p.m. Nanc ll Ac` ting City Cierk VOLUME XLVIII August 8, 1983 258 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 8, 1983, 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 George Schiffmayer and the Pledge of Allegiance was led by Councilwoman Shales. ROLL CALL Roll Call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Councilman Gilliam left the Council Meeting to attend a School Board Meeting at 9 :55 p.m., and returned at 10 :50 p.m. Also present: City Manager, Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE JULY 11, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Gilliam, to approve the July 11, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. Abstained: Councilman Schmidt. BIDS REJECTED FOR 24" EASTSIDE WATERMAIN Mayor Verbic: We discussed this and it was decided that all bids would be put out for re- bid. Councilman Hansen made a motion, all the bids for the 24" Eastsid be re -bid. Councilmen Andersen, Waters and Mayor Verbic. Nays: at the Committee of the Whole Meeting would be rejected and the project seconded by Councilman Andersen, that e Watermain be rejected and the project Gilliam, Hansen, Schmidt, Shales, None. BID AWARDED FOR THE M.F.T. MAINTENANCE - 1982 Councilman Waters made a motion, seconded by Councilman Schmidt, to award the bid for the M.F.T. Maintenance to the low bidder, Curran Contracting for a total amount of $43,947.20. Yeas: Councilmen Andersen, Gilliam., Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE WATER BILLING FORMS' Councilman Waters made a motion, seconded seconded by Councilwoman Shales, to award the bid for Water Billing Forms to the low bidder, Triad Business Forms, Inc., for a total amount of $1564.80. 259 VOLUME XLVIII Councilman Waters: I would just like to take this opportunity to mention an interest that I have with this billing form. A year ago when we revised this form so that information could be disseminated to the community on the billing form. We also established a process whereby the community could feedback information to the staff as an assessment, and to my knowledge that process has not been used. It has been used for disseminating information, but I don't believe that we have done anything in terms of obtaining feedback from the community, and I would like to personally encourage the staff to consider that. Leo Nelson: We have from time to time asked you if you wanted us to query the public on a particular issue and we have never received any clear direction on that. You are right, the provision is there to do it and we have used it for publicizing events and doing certain things, but we have not asked any questions, but mainly we have been waiting to find out if the Council as a whole is interested in getting a response to a particular question. Yeas: Councilman Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR 1983 VEHICLE LICENSE APPLICATIONS Mayor Verbic: We had a low bidder who was involved in an automobile accident on Route 20 and 59. The bid for the license applications was to be here by 11:00 A.M., this bidder called and stated the fact that he was involved in the car accident and we do have the State Police Report, which is included with the bid. This gentleman did not reach City Hall until 11:40 and his bid is approximately $700.00 less than the next highest bidder and I really feel this low bidder, Uarco Sales should be considered, if he had not had the accident he would have been here on time. Councilwoman Shales: How do we stand legally in this instance, is there any excuse in being late to a bidding. Mayor Verbic: In Section 4 it recites that Section 1 of the Instruction to Bidders reads "The City of Elgin reserves the right to reject any or all bids, or any part thereof, or to waive any informalities in any bid, deemed to be in the best interest of the City." So we have the right in this particular case to accept the low bidder if we so desire. Councilman Andersen: Mr. Mayor, do we have a legal problem. Counsel Jentsch: If you determine that the competitive bidding process was not affected, I think it would be within your discretion to award to the low bidder. However, you do have the problem of finding yourself judging every case where there is a low bidder in the future, as you have done in this case. VOLUME XLVIII 260 Councilman Hansen; Mr. Sarro, you are sure that the integrity of the bidding system was in tact. Mr. Sarro; In this particular circumstance sure, there would be no way for him to have known, we received no phone calls from the time the bids were opened until the time that he walked in. Councilman Hansen made a motion, seconded by Councilwoman Shales, to award the bid for the 1983 Vehicle License Applications to the low bidder Uarco for a total amount of $2,972.19. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt,Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE 1984 VEHICLE STICKERS Councilman Gilliam made a motion, seconded by Councilman Schmidt, to award the bid for the 1984 Vehicle Stickers to the low bidder, R,ydin Sign & Decal Company, for a total amount of $1,497.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays None. Councilman Gilliam made a motion, seconded by Councilman Andersen, to remove Petition 25 -82 from the table. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Roger Dahlstrom: This Petition has been filed by Robert E. Schroeder, which requests a rezoning from M -1 to R -4 /M -1 P.U.D. and preliminary plan approval for a mobile home park. The subject property is approxi- mately 60 acres, of which approximately 16 acres are located within the Poplar Creek Flood Plain. At it's regular meeting of October 18, 1982, the Land Use Committee recommended the approval of Petition 25 -82 by a vote of 4 yes and 2 no. The petitioners are present tonight to answer any questions about their petition. Attorney William R. Ketcham, representing the Petitioner: I don't want to go into detail because I think you have the transcript of the Land Use Committee along with all the recommendations of the staff, plus other memorandums. The proposal is for a 255 units for a mobile home park. The matter has been pending for approximately two years. In an effort to comply with all of the requirements and desires of the staff and the City, Mr. Schroeder has been working with the staff,and in an effort to alleviate objections by adjacent property owners, he has been working with the staff. 261 VOLUME XLVIII As most of you know the Schroeder family resides in Elgin, they are businessmen in Elgin, the existing Schroeder Mobile Park has been in existence I believe approximately 26 years. it is now going into the third generation of ownership. The new project will be under the same ownership, the Schroeder family. The existing Schroeder Mobile Home Park has approximately 220 units on 24 acres: This is a stable community, there are some families that have been there for more than 20 years, so you have a stable community development. We propose that will be what the new project will be also. The Schroeder family has had all these years of experience in maintaining the mobile park, they have done a good job, and they are proud of their park, and there is every reason to believe that the same will be true in the operation, maintenance and carrying on of the day to day activities on the new project. We propose to provide afforable housing of an alternate type to your apartment or condominium living and that is what this project will provide. It will provide decent places for people to live. It will provide residences for the elderly, the retired and the younger people who are attempting to get a start in their first home. The proposal provides for fifty per -cent minimum adult occupancy only, and fifty per -cent maximum family occupancy, or with children. f' By way of general benefits to the residents who would live in the project. In addition to the availability of the housing itself, you have the reception, the recreation building, which is included in the plan. You also have the park area and the outside recreational area for the benefit of the people in the park. You also have provided by the developer the street snowplowing, the garbage pickup and storage facilities. With regard to benefits to the City and I think there are benefits to the City. You will have the water loop, you will have some 255 separate meter hook -ups, which will provide that many minimum water bills for the City, that produces revenue for the City and the City has the water to sell. With regard to general revenue for the City and other related bodies know you have an interest in the Elgin Sanitary District. With regard to sales tax, the initial sale of the average unit for the mobile park will produce some $76,500 in sales tax. With regard to the real estate tax, the existing park that Mr. Schroeder operates has about 24 acres with 200 units and rounding the figures off they have about $60,000 in real estate taxes, including the office building in the existing park. You have a net acreage, after setting aside the detention area and the open space, about 47 acres, so the same tax formula would apply and you have about $120,000 in real estate taxes. VOLUME XLV111 262 With regard to the Sanitary District there would be some $51,000 revenue to them by reason of the hook -ups. Also there would be a $9,000 cash donation to the School District as a part of the project and as I mentioned earlier it would serve to create an attractive, needed community development on this acreage. Finally with regard to the roads, the storm water and sewerage systems, they are privately owned, privately maintained and would be at the expense of the developers and not at the expense of the City. The key issue here is whether or not the proposal is good for the City of Elgin and good for the residents of the City of Elgin. I think you will find that it is in fact good for the City and good for the residents, and I think the proposal and project should be accepted and should go forth. Attorney Paul Smith, representing Tony Ceresa: We filed a petition with the Clerk of the Council on August 4th, which I think everyone has a copy of those objections. The First National Bank of Elgin, as Trustee, is the owner of the property, to which Tony Ceresa is the beneficiary. Mr. Ceresa owns twenty per -,cent of the land fronting the property which is here before you for rezoning. Our objection is strictly based on the Illinois Revised Statute which provides in essence that in the case of a written protest against any proposed amendment to the regulations or districts, signed and acknowledged by the owners of twenty per -cent of the frontage proposed to be altered, or by the owners of twenty per -cent of the frontage immediately adjoining, or across an alley therefrom, or by twenty per -cent of the owners of the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the Municipality, 'the amendment shall not be passed except by favorable vote of two - thirds of the Aldermen or Trustees of the Municipality then holding office. We own more than twenty per -cent of the property and we are filing this objection on the basis of any zoning of any type. We predicate the fact that the trailer park does not upgrade a community. A mobile park is something that is high density and I think the City of Elgin should be concerned because for the simple reason that instead of having high density you try to upgrade your area. When you talk abou real estate taxes. have a mobile unit improvement and on is a piece of real be assessed. t trailer parks, trailer parks in itself donot pay People are under the impression that because you that you are paying real estate taxes on the the vacant land. The only thing you are getting estate with a slab on it on the ground which will 1 am concerned that the School District is not in force here this evening, complaining simply for the reason they are enjoining a school district. A mobile park is not going to support a high school, '` or a grammer school. 263 VOLUME XLVIII What sort of people do you get in a mobile home park. Either you get transientions or somebody that is going to come in and buy a trailer, if they can't make it they can walk away. What does the developer do, he rents it out to anybody that comes along, so that he is generating cash. He is not concerned about the surrounding communities, the homes that have been established, the people who have been living here for years. I think it is the concern of any City Council, do we want to look at more density. At the present time Mr. Schroeder on his 220 mobile park unit was assessed $71,772 for the last several years, Mr. Schroeder has appealed to the Cook County Board of Tax Appeals and in 1980 his $71,772 real estate tax bill was reduced to $45,000, or a reduction of 37 %. Presently Mr. Schroeder is paying 53% of the 1980 tax bill of $45,000 to School District 46. We can talk about affordable type homes, I think there are enough affordable type homes, we have Poplar Creek and probably other units totalling 200 or 300 that people can afford. I don't think there is a big demand for mobile type homes in the City of Elgin. They can say that the first fifty units are going to be strictly dedicated to senior citizens or people who have no children. Are you or anyone else going to control whether or not those people have children. They have the right to whatever they want. Lets suppose they have an average of two children per trailer, you have yourself over 500 students going to school, now how are you going to support those children and the schools are constantly complaining about their shortage of money. At the time the application was made to the City, a year ago or more, there is a notation stating that the property owners are Robert and James Schroeder and Checker Oil Company, tow, mobile home parks are good business, you will always have the vacancies occupied, that is low cost. Most of your communities will not accept mobile home parks because of the burden upon the tax dollar is against the school districts and the public services that are rendered. Many areas have refused to even consider the fact because there is no real estate dollars coming out of the thing, except on vacant property. On behalf of Mr. Ceresa we are making our objections to any rezoning of the property for a mobile park. Tony Ceresa: My attorney took some pictures of the existing park this spring and as you can see there is a bunch of debris, wrecked cars. Also I would like to bring to the attention of the Council, this property was sold by Zeman Realty for two million dollars and the property which they are trying, to rezone tonight was included in the package, this was brought out at the last meeting. This is a tax burden on the community. Your property, your traffic counts, by the estimates of the City staff you have a highway of 9600 vehicles and you have over 11,000 traffic counts now and by their calculations you are going over 15,000 when this is fully developed. VOLUME XLVIII 264 I say this property has been sold, I don't believe the developer intends to go through with it and develop it himself and by the pictures that you see here of his present park it is a hell of a shambles and a disgrace to the community. Attorney Ketcham: With regard to the comment that Mr. Ceresa made about this property being a package to sell, I defy him to produce anything because it is a total falsehood. Here is a letter from Zeman Real Estate stating this property is not for sale. Mr. Schroeder will take an oath and testify to this, if necessary. The pictures that are being circulated you will recall in my comments I said that being vacant property people are want to run in there and dump and that is not within the mobile park. A number of those pictures are not even on Mr. Schroeder's property. Ina Duewes: I am a resident in the Poplar Creek Subdivision and am speaking for myself and several of the other people living in the area. The traffic in that area is very congested, I am not speaking about something that I have read about, I am speaking about something that I have to deal with daily. We also find in that area if you add 200 more areas of units there we have no playgrounds in the area. In the Poplar Creek area we have over 100 vacancies. It is a low cost Co -op Housing area and not low income as most people wish to say. I feel there is no need for this trailer park and there is no advantage to the City of Elgin whatsoever. Louie Bacak: I live at 875 Nancy Ann ,Lane in Schroeder's Mobile Home Court. We are a community of people that have lived out there for many, many years, probably more years than some people . have lived in Elgin. We all own our homes, I have a home that cost me $26,000 and it is considered one of the better homes on the market today. My home is paid for so I am no transit or bum. Ed Warren: I have petitions signed by 600 people from all parts of the City of Elgin who object to this particular development. I will grant that approximately 10% of those signatures are from people in the Sherwood Oaks area which is outside the City, although: we do consider the City of Elgin our City and that is where most of us work and that is where most of us spend our dollars. I note in the attorney for the petitioner's remarks he referred to the Land Use Committee's 4 to 2 vote. However, he neglected to indicate to you that the Elgin Plan Commission voted 7 to 0 against this program, as a matter of fact against any residential deveopment in that area. Obviously your Plan Commission has no thoughts or any ideas that this type of thing should be going on in that particular area. We talk about the City of Elgin, we talk about it's image, we talk about appeal to industry, appeal to people. You come in on Route 19 from the east and you look coming up that hill and you are going to look at a 266 units sitting up on a hill that cannot and will not '` be hid by any row of trees because it sits right on top of the hill. 265 VOLUME XLVIII will back Ina's assessment of the traffic problem because ► travel that route a minimum of four times a day and there is no question in my mind that if you throw another 600 cars a day that you are going to create a traffic hazard, it's bad enough now. You have that entrance coming out of Poplar Creek and just above it you have the entrance coming out on Ceresa Drive, you have a crest of a hill, they are blind no matter which way you come and if there is one car making a left turn that you cannot see coming over that hill, you are going to have any one of the typical accidents that happens at that particular junction and it can only be worse in the future if something like this goes through. Just think about the safety of the kids that live over there on the north side of the street. They have to get across that street to go to school, then you have even a worse problem with any type of event over at the high school where you really have a traffic jam. If we are talking about what is good for the City of Elgin, would'nt it be a lot better to see a development such as Burnidge is putting in on Big Timber Road. A nice M -1 planned unit development. On 60 acres you could put in a lot of nice factories, factory office type buildings which would be permanent taxpayers. They would not be a drain on the economy, they would be feeding this economy, they would be providing jobs by their existence. Richard Small, Chairman of Checker Oil Co.: 1 would like to clarify one thing. Never at any time has our 38 acres been listed with a r realtor for sale. I don't know who Zeman Realty is and I don't know where they are located. We have 38 of the approximately 68 acres involved and never once did we discuss sale of that with anyone. Roger Dahlstrom: I would just like to clarify one technical point. The Elgin Planning Committee does not commonly review petitions such as this. Their review and their 7 to 0 vote was on a text amendment which would have eliminated the 100 foot setback requirement that manufacturing districts have to maintain when they abut a residential district. The specifics of this proposal did not appear before the Elgin Planning Committee. Mayor Verbic; Will the City of Elgin receive the 162- acres, will that be dedicated to our City. Roger Dahlstrom: As the proposal stands presently that is correct, it would be dedicated and we have discussed this matter with the Engineering Division and we are told that they would support that for reasons other than just open space. Apparently it is very much adjacent to or might be required for the construction of the Poplar Creek Dike project. Consequently our ownership of that 16 acres would be to our advantage should there have to be some movement of the Dike from the proposed location. Mayor Verbic: When you look at the map I can see 16 acres which I am sure is unbuildable property and I have been on record many times in the last five years that the City of Elgin is taking the responsi- bility of maintenance of all these areas which we are taking from the developers, which are unbuildable. I think this is unfair to the taxpayers because we have the responsibility of maintaining and taking VOLUME XLVIII 266 care of this and in the meantime it is taken off the tax rolls. We have the responsibility of maintenance and to me this does not seem fair to the other citizens in our city. have called for this on many occasions in the past because I think it is unfair that we have this responsibility. 1 think that the developer should be the one who is responsible for maintaining that 162 acres. Roger Dahlstrom: Our department would concur with the burden factor, particularly in this instance and in addition in this instance we would have the control to force this property to remain in open space, whether it be in public ownership or private ownership because this is a planned unit development. If you would like us to re- evaluate that part of the proposal and come back with a suggestion on how we might get the open space without the dedication, or in part the dedication, we will be willing to take a look at that. Attorney Ketcham: We intend to maintain that area, not the city. Mayor Verbic, You are going to dedicate the 16 acres or are you going to keep the 16 acres. Attorney Ketcham: Whatever it takes and however you want it. leave that to Mr. ,lentsch, whether a contract can be drawn or whether in the P.U.D. conditions it can be set up. When I say what ever has to be done it is with the premise that Mr. Schroeder will maintain that and I represented that to this Council that would be one of the advantages and it would not be a burden on the taxpayers. Mayor Verbic: It will be taken off the tax rolls. Attorney Ketcham: I imagine it will if it is dedicated. Mayor Verbic: I have brought this up in the past and that is the fact that I did not like the idea for the taxpayers to be paying for something which has been dedicated to them, and it is unbuildable or it can't be used for any other purpose. In the meantime the developer takes it off his tax bills because he has given it to the City. Attorney Ketcham: If it can be kept on the tax rolls, we as the developers have no objection and we will maintain it. What the mechanics are and how it can be worked out is up to the Corporation Counsel. Robert Balsamo: I am Secretary of the Elgin Rifle Club and one of the objectors to the proposed P.U.D. As a neighbor we find Mr. Schroeder to be less than our most desireable neighbor. The piece of property that you have been discussing is a complete in consequence. I have attended the Poplar Creek Flood Abatement meetings for the last five years. The piece of property has no value in the Flood Abatement Program. The burm which is proposed to be built exists almost in total upon property that is owned by Mr. Barney Cavitt. Therefore a dedication of the property in the flood plain in the proposed P.U.D. would be only getting rid of something that is of no value whatsoever. 267 VOLUME XLVIII Councilwoman Shales: I would like to ask a question of one of the Schroeders. I am confused about the ownership of the land and also want to know directly, are you going to develop., do you plan to develop and operate this mobile home park, or do you have plans to sell it at some stage. Bob Schroder: Jim and I own our existing mobile home park. The proposed mobile home park is owned jointly by Jim Schroeder, Bob Schroeder and Checker Oil Company. We expect to develop it, we expect to live here in Elgin and maintain it and we have a management contract for five years after it's completion. Councilwoman Shales: Have you ever considered using the M -1 zoning that you already have and developing a manufacturing park. Bob Schroeder: We have given it some thought, one of the biggest drawbacks in Cook County is the prohibitive tax rates for commercial and industrial property. Councilman Waters: I guess I resented some of the comments that Attorney Smith made to us tonight, although I think I had pretty much decided through my own reading and what I had assessed from the material given us how my vote would go this evening. I would just state for the record that I lived in a mobile home for a year, had some very good neighbors and I even planted some flowers around my mobile home. I would move that we approve this Petition and that we isolate the issue of this dedicated land and separate that from the Petition and have our legal counsel and the Planning Department talk with Mr. Schroeder about what possibilities there are for a better use of that. Councilman Gilliam: I will second that. Councilman Andersen: I would have several concerns, primarily the traffic problem at the intersection of Ceresa Drive. Our own staff indicates that the street now has greater amounts of traffic on it than it was built for. In addition to the concerns over traffic, I see in staff requirements here there wound be no parking on several of the streets within the mobile home area there. This would be for purposes of our fire trucks or emergency vehicles getting down there I would presume. We can't even enforce parking on our downtown streets where our police officers are on duty twenty -four hours a day. would hope that the fire truck would never have to go out there if cars were parked on both sides of the street which are narrow. In addition to that I would question the validity of someone's crystal ball figure on how many children are going to be generated and where. To say that we are only going to get 43 children out of there, maybe he knows something that I don't.. Councilman Hansen: I would ask our Corporation Counsel if in fact this item of business can be acted upon in a partial way. Counsel Jentsch: There is nothing to act on tonight, there is no ordinance prepared. I presume that by the time the ordinance is VOLUME XLVIII addressed by you, you will have made a decision as to these 16 acres. Councilwoman Shales: I am leaning toward the feeling that perhaps the City of Elgin would better be served if this were developed as M -1 property. I also feel that at this time we have a great concentration of high density housing in one area now and perhaps we don't need to add to that. Yeas: Councilmen Gilliam and Waters. Nays: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. PUBLIC HEARING ON PETITION 24 -83 REQUESTING AMMPYAT1nm P -7 QIAICIr rAMIIV RGCI nr Airr Roger Dahlstrom: This petition has been filed by the Burnidge Farms and the Apostolic Christian Church, requestingg annexation, R -2 single family residence district zoning, and R -4 general residence district zoning with a special use for a church and a nursing home. The Apostolic Christian Church desires to construct congregate apartments, and intermediate care nursing home:, and _a church on approximately 16 acres of land located on West Highland Avenue. The Burnidges have no specific development proposal for the approximately 40 acres of land located on both West Highland Avenue and Randall Road. The Planning Committee and the Land Use Committee all expressed some concern about this petition, initially due to some conflicts with the Comprehensive Plan. However, for various reasons which are explained in detail in the material that you have and also in the transcripts, they felt those adverse conditions could be properly mitigated. At it's regular meeting of July 18, 1983, the Land Use Committee recommended the approval of Petition 24 -83 by a vote of 4 yes and 0 no. At it's regular meeting of July 20, 1983, the Planning Committee recommended approval by a vote of 5 yes and 0 no. Councilman Schmidt: Is this to be built in one phase or will it be in steps. Mel Schrock: We pplan to complete it in one phase. The nursing care facility will be 49 beds of intermediate care and the proposal is now for 24 congregate living apartments behind the nursing care facility. Councilman Schmidt: Will this be federally funded or individual pledges. Mel Schrock: No this will be privately financed. 269 VOLUME XLVIII Councilwoman Shales: In reading over the transcripts no one had any objection to the development itself and I think the only objection" that I could find were the site being out of the city limits and not contingent to services. Did you look at any other land within the city. Nate Steffen The church has voted to support this project without federal funding amongst our own congregation, which will be about two million dollars. It will provide work for local people building it. It will provide work for people staffing it. In searching for property we felt, and we had a land committee, and looked at many pieces of property. We considered the area where our people lived, by age, where the younger people lived, we considered various things and looked diligently for property. We looked at 6 or 7 pieces of property, including looking at adding on to our present home on Bode Road. Dr. Gasser: I personally believe that the home which is proposed would greatly enhance nursing home medical care in this city. Dr. Ben Huie, 151 Brookside: I would like to go on record as saying do not oppose the development in principal. The care facility as outlined is a very beneficial development for the City, if it were in the City, but it is not. At this point in time I don't think the City is ready to build past Randall Road. There is a large amount of land east of Randall Road that is undeveloped, both in the City of Elgin and not within the City of Elgin, i would suggest to this Council that we very strongly consider the fate of that land first, finish what we are going to do with that-land, finish our developing, before we go west of Randall Road. Councilman Waters: I would move that we close the public hearing and direct the staff to draw up a petition for approval of this project. Councilman Hansen: I will second that motion. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic -. Nays: None. PETITION 23 -83 REQUESTING A REZONING Roger Dahlstrom: The subject property is approximately 32,000 square feet and it is improved with a frame structure, a fence and a gravel lot. The property is located within the Willow Creek floodplain. The easterly portion of the subject property and all of the property immediately to the east is located within the floodway. At it's regular meeting of July 18, 1983, the Land Use Committee recommended the approval of Petition 23 -83 by a vote of 5 yes and 0 no. VOLUME XLVIII 270' Councilwoman Shales made a motion, seconded by Councilman Andersen to approve Petition 23 -83. Yeast Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING THE SPECIAL USE Henry Rozycki: The petition that was submitted by Sherman Hospital was substantially amended during the last Council Meeting by deleting the parking. The amendment as was ruled on last week was an amendment where no public notice was given on the action regarding the parking, which is a substantial issue, it was not an issue that was evaluated by the Land Use Committee, was not voted on by the Land Use Committee, it also completely disregarded the expert testimony of the Hospital consultants, many hours of effort that were put in by the City Staff, as,well as the neighborhood organization meeting with the Hospital. It is our opinion that the application was basically re- written and at that point voted upon. Thus we were denied due process, it amounts to special legislation and contract zoning, and legislation which is in conflict with the zoning ordinances of Elgin and the long range plan. We feel this action exceeds the authority granted to the Council and it could be arguably illegal. Councilman Schmidt: Counsel Jentsch is this correct, or is he in error. Counsel Jentsch I don't agree with the conclusions exDressed in the letter. The Council initiated the changes, I don't believe there was any bargaining, there was no contract element involved, there was no more special legislation than any particular zoning ordinance would be. 1 believe it was within the discretion of the Council to consider all of the facts as adduced at the public hearing and then make a determination as to the extent of the necessary parking. I prepared the ordinance in accordance with the Council's direction and not as the result of any contract with Sherman Hospital. Councilman Waters: I would just make the comment for the record have not seen sufficient evidence presented to me of why the amendment to the petition was necessary. When the Neighborhood Assosication and the Hospital both indicated that they were in support, I failed to see the logic of the amendment to the motion, but because 1 support the project I am going to be forced to vote in favor even though I think the amendment should not be a part of that. Councilman Hansen: I think what Corporation Counsel Jentsch is really indicating in layman's terms is that the buck stops here and I think that is essentially it. You can call it compromise or whatever you want to, it is something that's possible a majority of the elected officials are in favor of, so I am going to vote for it. 271 VOLUME XLVIII Councilman Schmidt: As you know I was not present last month when this was all discussed and I have read it all over very carefully and I am in full agreement of this. Mayor Verbic: I would like to call your attention to the third page of the ordinance , Section 8 (j). It has been suggested that four words be added and the paragraph read as follows: "No more than thirty (30) physicians shall practice medicine in the medical office building at any given time." The reasoning for this is that many physicians today may have two offices and a great many times they may only spend two days in one office and three days in the other office and sometime they sublet the office space to another physician. In that particular case that physician is not present in his suite. What it does is it does not change the number of doctors in the medical complex, but if you went into the arcade and looked at the list you would see more than 30 doctors listed, and what it does is show that there is some sublet - ing of space and it does not pertain to the fact that there are more than 30 offices in the building, but you do sublet the office for other doctors. Councilwoman Shales: I would like to move that Section 8 (j) of the proposed ordinance be amended to read as follows: "No more than thirty (30) physicians shall practice medicine in the medical office building at any given time." I am in favor of this change because I believe it will serve to attract the super type of specialist that we are interested in _getting into that office building. Councilman Schmidt: Second. Henry Rozycki: We had a concern about the number of doctors that were going to be in the building, they contribute when we talk about the amount of parking thats required and the amount of traffic that would be generated. The number of doctors in the building would have some bearing on that. One of the arguments presented by Sherman Hospital is with the doctors in the office building, all of the doctors will not be there at any given time, therefore they will not need as many parking spaces and there will not be as much traffic. in this case if they are going to be subleting it then all of a sudden the traffic estimates, patient estimates and parking estimates are greatly increased. This was a concern of ours, earlier in our conversations we asked the hospital about this a number of times and in the meeting of the Land Use Committee, on May 16th, I personally asked the question, in your application you state the medical office building is for 30 physicians, is that 30 physicians or 30 practices, and Mr. Spencer answered that it is for 30 physicians. VOLUME XLVIII 272 Councilman Hansen: If I would have had my durothers I would have much rather that the hospital, and I am going to criticize right now even, though I am voting for this project, I would have much rather seen them bring in their whole long range plan in one P.U.D. at this meeting, then we would be done with it. Some future Council is going to have to go through this again and I criticize the hospital for not making a better effort to do that and I think that would have solved a lot of the neighbor's complaints and I think the parking problem would have been better addressed. As a consequence of this think the hospital has made a commitment to build parking whenever it is needed. I heard them say that at our last meeting and they made a commitment to that and I think we have to, as a community, hold them to that. Councilman Waters: I think I may have heard something a little different, because what I heard was they would come back before the Council and request the space on Center Street that had been denied with the amendment, if in fact the additional parking was needed. did not hear any reference to an additional parking building. Mayor Verbic: If there are no further questions we will vote on the amendment. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Councilman Hansen made a motion, seconded by Councilman Andersen,, to pass the aforementioned ordinance, as amended. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 273 VOLUME XLVIII Ordinance No. G33 -83 AN ORDINANCE AMENDING THE SPECIAL USE GRANTED TO SHERMAN HOSPITAL WHEREAS, on March 12, 1980, Ordinance G24 -80 was passed granting a special use for a planned unit development for a medical complex on property located within the City of Elgin and bounded by Cooper Avenue, Prospect Boulevard, Slade Avenue and Spring Street, together with certain property lying south of Slade Avenue, west of Center Street, all of which is legally described below; and WHEREAS, written application has been made to amend the special use for a planned unit development granted by Ordinance G24 -80 so as to permit the addition of a medical office building, the replacement and expansion of the exygen storage area, and the expansion of surface parking; and WHEREAS, the Land Use Committee of the Planning and Land Use Commission conducted a series of public hearings on the application for amendment, after due notice in the manner provided by law; and WHEREAS, the Land Use Committee has submitted its written findings and recommended denial of the amendment; and WHEREAS, the City Council of the City of Elgin has reviewed the findings and recommendations of the Land Use Committee together with the written transcript of the proceedings conducted by the Land Use Committee; and WHEREAS, the City Council finds and determines that the application for amendment of the planned unit development should be granted with certain alterations and revisions thereto and upon certain conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That the City Council of the City of Elgin hereby finds and deter- mines that the orderly expansion of the medical complex located upon the subject property is necessary for the public convenience in continuing the established provision of necessary medical services to the community in accordance with the developing needs of the community for medical services. 2. That a long range concept plan has been developed and submitted in support of the application for amendment to the planned unit development for a medical complex and that said plan is consistent with the anticipated needs and demands of the community; the Sherman Hospital Long Range Concept Plan prepared by Sherman Hospital and Schmidt, Garden $ Erikson, dated July 11, 1983, is hereby acknowledged, referenced, and attached hereto as Exhibit D. 3. That the establishment of a medical office building in close Proximity to the hospital is in the public interest and convenience in providing a nearby source of qualified medical personnel in the event of community disaster, locating physicians in close proximity to critically ill patients, provide physician patients with close access to diagnostic equipment and promote efficiency in the delivery of medical services. VOLUME XLVIII 274 4. That the replacement and expansion of the oxygen system is necessary and convenient for the public in continuing and improving the condition and capacity of the system. 5. That the expansion of surface parking is necessary and convenient for the public to provide adequate off - street parking for the proposed medical office building. 6. That the proposed amendment to the planned unit development for a medical complex will not cause substantial injury to the value of surrounding property as the essential character of the neighborhood will remain the same and existing streets have sufficient capacity to accommodate anticipated increases in motor vehicle traffic. 7. That the proposed amendment to the planned unit development for a medical complex is so designed, located and proposed to be operated that the public health, safety and welfare will be protected in that traffic movements to and from the medical office building shall be limited to entrance and exit at the main entrance on Center Street and exit only on Prospect Boulevard, the establishment of a car pooling program, a limitation upon the number of physicians occupying offices in the medical office building, and set backs and landscaping provided so as to minimize the effect upon the surrounding area. That the special use for a medical complex at the following location: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Block I and Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block II and that part of vacated North Center Street lying Westerly of that adjoining said Lots 1 through 8 in Block II, all in Slade's Addition to Elgin, in the City of Elgin, Kane County, Illinois. ALSO Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block IV of Congdon's 2nd Addition to Elgin, in the City of Elgin, Kane County, Illinois. ALSO Lots 11, 12, 13, 14 and 15 of Block I, Grote and Waldron's 2nd Addition to Elgin, in the City of Elgin, Kane County, Illinois. ALSO Lots 16, 17, 18, 19 and 20 in Block I of Grote and Waldron's Second Addition to Elgin in the City of Elgin, Kane County, Illinois. heretofore granted be and is hereby amended so as to permit the construction, operation and maintenance of a medical office building, the replacement and expansion of the oxygen supply system and the expansion of surface parking subject to the following conditions: a. That the amended planned unit development shall be substantially in accordance with the proposed Sherman Hospital.Site Plan prepared by American Medical Buildings, dated July 11, 1983, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. b. That the medical office building shall be substantially as shown in the Medical Office Building Elevation prepared by American Medical Buildings, a copy of which is attached hereto and incorporated by reference as Exhibit B. c. That the amended planned unit development shall be substantially in accord with the preliminary engineering plans prepared by American Medical Buildings, dated July 11, 1983, copies :)f which are attached hereto and incorporated by reference as Exhibit C. 275 VOLUME XLVIII d. The Sherman Hospital Long Range Concept Plan prepared by Sherman Hospital and Schmidt, Garden $ Erikson, dated July 11, 1983, is hereby acknowledged, referenced, and attached hereto as Exhibit D. e. Approximately forty -five (45) additional parking spaces shall be provided at the southeast corner of Slade Avenue and Center Street (Lot 1 and the Easterly 51.1 feet of Lot 2 of Block 3 of Grote and Waldron's Second Addition in the City of Elgin, Kane County, Illinois) in the event that the proposed parking is insufficient to meet actual demand. f. The location and spatial relationship of all structures and site improvements are to be in substantial conformance with the Sherman Hospital Site Plan prepared by American Medical Buildings, dated July 11, 1983. g. Oxygen tank expansion and replacement is to be in substantial conformance with Oxygen Tank Expansion and Replacement Site Plan prepared by American, Medical Buildings, dated April 22, 1983, a copy of which is attached hereto and incorporated herein by reference as Exhibit E. h. No structural additions shall be permitted except a 36,000 square foot, 39 feet in height medical office building, and the oxygen tank expansion and replacement, except that the medical office building may also include a basement for mechanical equipment and storage. i. Any remodeling of existing structures shall be confined and designed strictly for accessory uses and shall not include physicians offices and related examination- treatment rooms for private practice and consultation. j. No more than thirty (30); physicians shall practice medicine in the medical office building at any given time. k. Site improvements and the parking stall layout shall be constructed in substantial conformity with the Preliminary Engineering Plans prepared by American Medical Buildings, dated July 11, 1983. I. Final engineering plans and specifications shall be filed in substantial conformity with the Preliminary Engineering Plans prepared by American Medical Buildings, dated July 11, 1983, and shall be reviewed and approved prior to or concurrently with the submission of building plans for the medical office building. m. The southeast surface parking lot located north of Slade Avenue shall be used as accessory parking for the medical office building. The approach to the southeast parking lot via the Center Street drive shall be used as an entrance and an exit. The Prospect Boulevard approach shall be used as an exit only. Appropriate signs and pavement markings are to be installed accordingly. n. The Center Street drive shall be widened to the south to improve westbound vehicular access to the parking structure and the southeast surface parking lot. o. All compact car parking stalls, 7.5 stall width, shall be clearly identified as such with appropriate signs and pavement markings. VOLUME XLVIIL 276 P. All site improvements and the restriping of the south surface parking lot located south of Slade Avenue shall be completed prior to the t commencement of any construction work on the medical office building. All remaining surface parking lot improvements and restriping shall be completed prior to the issuance of any occupancy permit for the medical office building. q. The existing southeast parking lot located north of Slade Avenue shall be used exclusively for the construction of the medical office building, the storage of construction materials and equipment, and the parking of construction workers' automobiles from the commencement of any construction work on the medical office building until the issuance of the first occupancy permit for the medical office building. Construction materials and equipment shall not be stored and construction workers' automobiles are not to be parked within any other hospital parking facility or in or upon the public right -of -ways. r. Upon completion of all site improvements, the restriping of all surface parking lots, and construction of the medical office building, there shall be 845 parking spaces for the hospital (2.14 parking spaces per bed) and 180 parking spaces for the medical office building (6 parking spaces per physician) for a total of 1,075 off - street parking spaces. s. Not later than the conclusion of the first construction season following the termination of the Life Estate of Grace Root on Lot 5, Block 4 of Congdon's Second Addition and the East 49.5 feet of Lots 4, 5 and 6 in Block 2 of Slade's Addition in the City of Elgin, Kane County, Illinois, commonly known as 926 prospect Boulevard, Elgin, Illinois, the residence and related buildings located thereon shall be demolished and the subject property improved for the parking purposes in accordance with applicable ordinances of the City of Elgin. t. A car pooling program in cooperation with the Chicago Area Transportation Study, and a mass transportation program in cooperation with the Elgin Transportation Department and the Regional Transportation Department and the Regional Transportation Authority as approved by City of Elgin shall be established within sixty (60) days after passage of this amendatory ordinance. u. Compliance with all other applicable codes and ordinances. 9. That the provisions of Ordinance G24 -80 passed March 12, 1980 shall remain in full force and effect, except to the extent that any provision of said ordinance in conflict with the provisions of this amendatory ordinance it is hereby repealed. 10. This ordinance shall be published in pamphlet form and shall be in full force and effect ten days after its passage and publication. S/ Richard L. Verbic Richard L. Verbic, Mayor 277 VOLUME XLVIII Presented: August 8, 1983 Passed: August 8, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: a s/ Marie Yea man Mare Yearman, City Clerk Councilman Waters made a motion, seconded by Councilman Andersen, to adopt the aforementioned reso- lution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 4 VOLUME XLVIII RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF ELGIN, ILLINOIS, AND SHERMAN HOSPITAL ASSOCIATION, AN ILLINOIS NOT FOR PROFIT CORPORATION, PROVIDING FOR THE ISSUANCE BY SAID CITY OF REVENUE BONDS PURSUANT TO ORDINANCE N0. S2 -80 WHEREAS, the City of Elgin, Illinois (hereinafter called the "City "), . recognizes that it is necessary and in the best interests of the City to relieve conditions of unemployment, and to encourage economic development within and near the City, thereby reducing the evils attendant upon unemployment, and to provide for the increased welfare and prosperity of the residents of the City; and WHEREAS, the City is a home rule unit of local government authorized under the provisions of Article VII, Section 6, of the Illinois Constitution of 1970, and Ordinance No. S2 -80, adopted on February 13, 1980 (hereinafter called the "Enabling Ordinance "), to acquire, construct and finance economic development projects, to lease, sell or finance the same to or for any person, and to provide for the issuance of revenue bonds in conjunction therewith; and WHEREAS, in order to implement the public purposes enumerated in the Enabling Ordinance and in furtherance thereof to induce Sherman Hospital Association, an Illinois not for profit corporation (hereinafter called the "Hospital "), to construct or cause the construction of a medical office building (hereinafter called the "Project ") within the corporate limits of the City, the City has indicated its intent to issue its revenue bonds under and pursuant to the provisions of said Enabling Ordinance and to apply the proceeds therefrom to the payment of the costs of constructing the Project; and WHEREAS, the Hospital, in reliance upon the intent of the City to finance the construction of the Project through the issuance of revenue bonds under the provisions of said Enabling Ordinance, has determined to locate the Project within the corporate limits of the City; and WHEREAS, it is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Intent by and between the City and the Hospital (the "Memorandum of Intent "), which Memorandum of Intent expresses formally and in writing the understanding heretofore informally agreed upon by the City and the Hospital; and WHEREAS, the form of the Memorandum of Intent has been prepared and presented to this meeting of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The form, terms and provisions of the Memorandum of Intent are hereby approved. The Mayor is hereby authorized and directed to execute the Memorandum of Intent and the City Clerk is hereby authorized and directed 278 279 VOLUME XLVIII to affix the seal of the City thereto and to attest the same; and said Mayor and'City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, and accepted and executed by, the Hospital. The Memorandum of Intent, as executed and delivered by the Mayor and the City Clerk, shall be in substantially the form presented to this meeting and hereby approved, or with such changes therein as shall be approved by said Mayor and City Clerk; their execution thereof to con- stitute conclusive approval of any and all changes to the form of the Memorandum of Intent presented to this meeting. Section 2. All resolutions and orders, or parts thereof, in conflict with the provisions of this resolution, are, to the extent of such conflict, hereby repealed, and this resolution shall be in immediate effect from and after its adoption. S/ Richard L. Verbic Ric-hard Ric-hard L. verbic, Mayor Presented: August 8, 1983 Adopted: August 8, 1983 Vote:. Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTE' AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 280 RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION 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 an Extension 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. Verbic, Mayor Presented: August 8, 1983 Adopted: August 8, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s arie an Marie Yearman, City Cler OLUTION ADOPTED A Councilman Hansen made a motion, seconded to adopt the aforementioned resolution. Gilliam, Hansen, Schmidt, Shales, Waters None. ORDER NO. by Councilman Schmidt, Yeas: Councilmen Andersen, and Mayor Verbic. Nays: 281 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH WAYNE ZB4 ERMAN CONSTRUCTION FOR THE SPRING, DUPAGE AND FULTON STREETSCAPE PROJECT VOLUME XLVIII WHEREAS, the City of Elgin has heretofore entered into a contract with Wayne Zimmerman Construction for the Spring, DuPage and Fulton Streetscape 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 Ri -'ar L. Ver ic, Mayor Presented: August 8, 1983 Adopted: August 8, 1983 Vote: Yeas ,7 Nays 0 Recorded: Attest: s/ Marie Yea a n Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A GRANT OF TEMPORARY EASEMENT Councilman Waters made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. r _ VOLUME XLVIII RESOLUTION ACCEPTING A GRANT OF TEMPORARY EASEMENT WHEREAS, it is necessary and desirable to obtain a temporary access easement across certain property located to the east side of the Willard Detention Area; and WHEREAS, the owner of the property to be burdened by said easement is willing to grant said easement upon certain terms and conditions; and WHEREAS, it is in the best interest of the City of Elgin to accept said temporary access easement upon such conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an acceptance of a temporary access easement from Leo McGrath, a copy of which is attached hereto and made a part hereof by reference, and the City Clerk is further authorized and directed to execute said agreement and affix the city seal thereto. S/ Richard L. Verbic Ric ar L. Verbic, Mayor Presented: August 8, 1983 Adopted: August 8, 1983 Vote: Yeas 7 Nays 0 Recorded: A�pttt-'e�`st: � (� s/ Marie - arm "an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL 282 Councilwoman Shales made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 283 VOLUME XLVIII RESOLUTION ACCEPTING THE PROPOSAL OF DONOHUE & ASSOCIATES, INC. FOR CLEANING AND TELEVISING OF SANITARY AND STORM SEWERS WHEREAS, proposals for cleaning and televising sanitary and storm sewers in the various locations throughout the City have been solicited; and WHEREAS, Donohue & Associates, Inc. had submitted its written proposal to perform sewer cleaning and televising at unit prices of $0.200 per foot and $0.345 per foot respectively; and WHEREAS, it is in the best interest of the City of Elgin to accept the proposal of Donohue & Associates, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized to accept the written proposal of Donohue $ Associates, Inc. dated July Z0, 1983 for cleaning and television inspection of sewers and to authorize such services at the rate specified but for no greater total cost than the sum of $24,000. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 8, 1983 Adopted: August 8, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: a cV� A S/ Marie Year rf n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH LEEWARDS CREATIVE CRAFTS, INC. Councilman Waters made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH LEEWARDS CREATIVE CRAFTS, INC. WHEREAS, LeeWards Creative Crafts, Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi tions. r: NOW, THEREFORE, BE IT RESOLVED RY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with LeeWards Creative Crafts, Inc., for fire protection, service, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented. August 8, 1983 Adopted: August 8, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/�Marir�ey ariltn Marie Yearman, City Clerk E PASSED RECLASSIFYING PROPER Councilman Hansen made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: Councilman Waters. 285 VOLUME XLVIII Ordinance No. G34 -83 AN ORDINANCE t RECLASSIFYING PROPERTY ON NORTH MCLEAN BOULEVARD FROM R -2, SINGLE FAMILY RESIDENCE DISTRICT, TO O LIMITED OFFICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 213, 217, 225, 229 and 233 North McLean Boulevard from R -2, Single 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 including in the 0 Limited Office District, the following described property: Lots 13, 14, 15, 16, 17, 18, 19 and 20 in Block 5 of Highland Addition 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: August 8, 1983 Passed: August 8, 1983 Vote: Yeas 5 Nays 1 Recorded: Published: Attest, S arie c�kman Marie Yearman, City Clerk VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Giertz - Melahn $43,650.45 Resurfacing W. Highland Ave. from Larkin to Wing Park Blvd. E.M. Melahn $ 2,650.00 Order ¢#2 to McLean /Eagle /Oakley street improvements. General Motors $ 1,761.34 Misc. stock for RTA buses. Grand Stage Lighting $ 1,673.06 Misc. electrical supplies for Hemmens Auditorium. Tams - Witmark David Baglayan, Jr 61- Second St. Ruby Grote 421 Bowen Ct. $1,742.15 Royalties and book rentals for presentation of Hello Dolly. $2,074.78 Residential Rebate Program Funds. $2,842.31 Residential Rebate Program Funds. Allen's Corner Garage $1,500.00 Repair Vehicle #12 Public Works Dump Truck. Councilman Waters made a motion, seconded by Councilwoman Shales, to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN OPEN SALES LOT AT 57b PAGE AVENUE ELGIN, ILLINOIS Councilman Andersen made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance,. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays, None. 287 VOLUME XLVIII Ordinance No. G36 -83 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OPEN SALES LOT AT 576 PAGE AVENUE ELGIN, ILLINOIS WHEREAS, written application has been made for a special use for an open sales lot at 576 Page Avenue; 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 is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an open sales lot at 576 Page Avenue, Elgin, Illinois, legally described as follows: Lot 12 in Block 12 of Ludlow's Addition to Elgin in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to conformance with all applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. S/ Richard L. Verbic Richard L. Verbic, ayor Presented: August 8 1983 Passed: August 8, 1983' Vote: Yeas 7 Nays 0 Recorded: Published: Attest: 5 Mar ea nan Marie Yearman, City Clerk VOLUME XLVIII REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue for April, 1983. Minutes of Hemmens Advisory Board 5/12/83. Water Department Report for June, 1983. Greater Downtown Elgin Commission Minutes 6/13/83. Cemetery Report for June, 1983. Parking Lot Revenue 7/1/82 through 6/30/83. Traffic Committee Minutes 7/7/83. Public Property and Recreation Board Minutes 6 /28/83 Public Property and Recreation Board Minutes 7/26/83 Building Permit Report for July, 1983. .. Councilman Gilliam made a motion, seconded by Councilman Schmidt, to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED RECLASSIFYING PROPERTY AT Councilwoman Shales made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. I - AN ORDINANCE RECLASSIFYING PROPERTY AT 322 AND 330 B -3, SERVICE BUSINESS DISTRICT, TO R -4, VOLUME XLVIII Ordinance No. G35 -83 WEST HIGHLAND AVENUE FROM GENERAL RESIDENCE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 322 and 330 West Highland Avenue, Elgin, Illinois, from B -3, Service Business 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 B -3, Service Business District, and including in the R -4, General Residence District, the following described property: Lots I and 2 and the Westerly half of Lot 5 (except the Easterly 16'z feet of said Westerly half of Lot 5) in Block 35 of the Original Town of Elgin, on the West side of the Fox River, 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: August 8, 1983 Passed: August 8, 1983 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk i 4 �►L�II1JZNW%W111 MOTION TO - FINAL 290 Councilman Hansen made a motion, seconded by Councilman Gilliam, to approve Change Order No. 3 for the River Intake Structure and to pay a total increase of $5,122.24 in the contract amount to William Zeigler & Son, Inc. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Councilman Schmidt: Mr. Mayor, Councilman Gilliam and myself are wondering if it would be possible, since there are five Mondays in the month of August, if we could move the August 22nd Meeting up to the last Monday, which would be August 29th. Mayor Verbic: I don't really see any reason why we could not do that if we have concurrence of the rest of the Council. Councilman Schmidt made a motion, seconded by Councilman Gilliam, to re- schedule the August 22, 1983 Council Meeting to August 29, 1983, with the Committee of the Whole Meeting commencing at 5:00 p.m. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilwoman Shales to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The Council Meeting was adjourned at 11:00 p.m. Marie Yearman, City Clerk VOLUME XLVIII August 29, 1983 291 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT RE-SCHEDULED MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on August 29, 1983, 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 Councilman Hansen and the Pledge of Allegiance was led by Councilman Waters. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE AUGUST 8, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Andersen, to approve the August 8, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ELGIN SOFTBALL COMPLEX PHASE ONE DEVELOPMENT Councilman Hansen: Could I get an approximate breakdown from Phil on the source of the funds for this project. Phil Bennett: The City has received a grant of approximately $202,000 from the federal government under the land and water conservation funds. The remainder would come from local sources. Councilman Hansen: Do you have any idea of the approximate commitment from the community to -date. Phil Bennett: We received a $3500.00 donation from the Hoffer Foundation, and to my knowledge that it is to -date. Councilman Hansen: We are committed for the other funds locally and that can be in the form of volunteer labor, etc., if I remember correctly. The matching funds can be in kind services. Phil Bennett: Yes, in kind services, materials, labor, etc. Councilman Waters made a motion, seconded by Councilman Gilliam, to award the bid to the low bidder, T & W Edmier Corporation, for $375,592. 292 VOLUME XLVIII Councilman Schmidt: In these ball diamonds, will the gravel € processing be started beforehand, where does this fit into paying for th5spark. Leo Nelson: Hopefully, when we get around to bidding the mining aspect of this total project, the royalties that we hope to receive would go toward offsetting some of our costs. Of course as you know this is Phase one of the project, which involves the construction of the ten diamonds. That is minus the lighting, minus the roadway, minus the parking lot and minus the concession stand. We have the basic tenndiamonds with the fencing. I think we are hopeful that we are going into Phase Two. The application for additional grant monies is already filed, of course we have no assurances that we will receive that money, but to get to your basic question, hopefully when we get around to letting the bids for the gravel mining that money will then also be reinvested. Councilman Schmidt: I think my basic question, is when do we intend to let the bids for the gravel mining. Leo Nelson: As soon as we receive approval from IHDA, which is the State agency which holds the mortgage on the Burnham Development, we can probably go ahead and put together our final specifications for that bid. We are waiting for the present owner, Burnham Development Company, to approve the burming plan which the new Park and Reclamation Commission has presented to it, and when we receive his approval, we believe that IHDA will probably approve the burming plan. In other words the way IHDA has always looked at it, if the Burnham Development Company is satisfied with the burming and landscaping plan around the apartment buildings, they are satisfied. The Park and Reclamation Commission have been meeting with Mr. Guidwitz, who is the owner of the Burnham Development Company, to get his approval for the burming and lands - taping so that we can get on with the bids. We are prepared to go to bids I would think in a matter of weeks, once we receive that approval. Councilman Hansen, I would like one statement clarified. I am assuming that the ball diamonds can be built without the gravel being mined. Leo Nelson: Absolutely, the area where the ball diamonds will be built is not an area to be mined, and the access to it, including the parking lot, is not to be mined, Councilwoman Shales: This is for the entire ball diamond complex, Leo Nelson: Ten diamonds. VOLUME XLVIII 293 Councilwoman Shales: But this is not using any volunteer forces. Leo Nelson: As Phil mentioned, we could, I don't think it was anticipated we would use much voluntary help in Phase One. I think as we moved into Phase Two there might be opportunities and if you recall the Parks and Reclamation Commission has asked Mr. Hurst to come up with a gift booklet whereby the sponsors of teams and others might want to donate something to Phase Two. We were not looking for a great deal of assistance in Phase One simply because the project does not lend itself to it. Councilman Schmidt: Does this include lighting. Leo Nelson: No, it does not include lighting. Councilman Schmidt: With the construction of the ball fields that would not hinder the lighting from ,going in later. Leo Nelson: No. The conduit would go around the perimeter and you would not be cutting through a -new ball diamond. Councilman Hansen: I guess I have to get a little clarification on where the local funds coming from. Is that going to be In your budget for 1984 Phil as an additional capital request, over and above your normal request. Phil Bennett: Yes. Leo Nelson: That money will be- encumbere earlier we had identified $1- 05,000, which present 1983 budget :for:conversi;on of the budget committee in preparing the figures has already identified an amount of money the federal money that we are getting for will be encumbered this year, it will not J this year and I think is a line item in the fleet, and I think the for the end of the year•: to be set aside to match_ Phase One So the money be budgeted for next year, Now Phase Two would be a different matter. Mayor Verbic: if there are no further questions, will the Clerk call the roll. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbie.. Nays: None. FOR REPLACEMENT OF CURB & GU Councilman Andersen made a motion, seconded by Councilman Hansen, to award the bid to the low bidder, Lake Park Construction, and to extend the work to the $75,000 limit as recommended by staff. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic; Nays: None. BID AWARDED T OF CURB VOLUME XLVIII Councilman Waters made a motion, seconded by Councilman Schmidt, to award the bid to the low bidder, Lake Park Construction for the amount of $11,635.27. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. BID AWARDED FOR SODA ASH FOR TREATMENT PLANT Councilman Hansen made a motion, seconded by Councilman Gilliam, to award the bid to the low bidder, Allied Chemical Corporation for a firm delivered price of $129.25 per ton. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. NS Councilwoman Shales made a motion, seconded by Councilman Gilliam, to award the bid to the low bidder, Landgraf's Ltd., for a total amount of $1466.00. Yeas: Councilmen Andersen, Gilliam, Hansen; Schmidt, Shales, Wate,rs,and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING EXECUTION TION Leo Nelson; We were just advised that we have not received the final agreement or any of the attachments. Dan Blondin We met with these people late last week and we discussed some concerns that the City still had. Late Friday afternoon we received a copy of the most recent re -draft of the agreement, plus some, but not all of the exhibits. -Gary Miller of Engineering and ,ferry Deering of Planning have just received those today and have not had the opportunity to review those exhibits, plus we donot have all of the exhibi "ts. In addition there is still some minor language problems with the agreement itself. At this time I think it would be premature to approve the agreement. t Councilman Gilliam made a motion, seconded by Councilman Waters, to table the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Councilwoman Shales made a motion, seconded by Councilman'Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLV111 Ordinance No. G37-83 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED AT 709 LAUREL STREET FROM R -2, SINGLE. FAMILY RESIDENCE DISTRICT, TO B -4, GENERAL SERVICE DISTRICT, AND GRANTING A SPECIAL USE FOR A CONTRACTOR'S SHOP WITH OUTSIDE STORAGE WHEREAS, written application has been made to reclassify certain property located at 709 Laurel Street from R -2, Single Family Residence District, to B -4, General Service District, and for a special use for a contractor's shop with outside storage; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be recassified and a special use for a contractor's shop with outside storage'be granted; and 295 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. z NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from R -2, Single Family Residence District, and including in the B -4, General Service District, the following described property: Part of Lot 26 of County Clerk's Subdivision of the South West Quarter of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian bounded and described as follows, to -wit: Commencing at an iron stake on the south line of Laurel Street, 16.5 feet East of the dividing lane between Kane and Cook Counties; thence South parallel with said dividing line 378.5 feet to an iron stake; thence East 84.76 feet to an iron stake; thence North 378.5 feet to an iron stake on the South line of said Laurel Street; thence West 84.4 feet to the place of beginning, except the Southerly one -half thereof, located in the City of Elgin, Cook County, Illinois." Section 2. That the City Council of-,the City of Elgif hereby adopts the findings of fact I made ly the Land Use 'Committee granting a special use for a contractor's shop with outside storage, a copy:of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions. 296 VOLUME XLVIII 1. A permit must be obtained from the Illinois Department of Transportation, Division of Water Resources for any development within the Willow Creek floodway; and 2. 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: August 29, 1983 Passed: August 29, 1983 Vote: Yeas 7' Nays 0 Recorded: Published: Attest: s/ Marie Ye an rie Yearman, City Clerk RESOLUTION ADOPTED "PROCLAIMING ENERGY CONSERVATION MONTH AND AMERICAN ENERGY AWARENESS WEEK IN ELGIN Councilman Waters made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION PROCLAIMING ENERGY CONSERVATION MONTH AND AMERICAN ENERGY AWARENESS WEEK IN ELGIN WHEREAS, the wise use of energy and energy producing resources is the foundation of future economic prosperity for our society; and WHEREAS, to ameliorate the burden institutions, government, business and cooperate to achieve meaningful savings and of rapidly rising costs of energy, individual citizens alike must in both energy use and dollars; WHEREAS, while a concensus regarding proper use is not easily reached, all involved agree that the efficient use of conventional energy resources and the practice of conservation is most desirable and beneficial; and WHEREAS, realization of any long -term gains depends to a great extent on the awareness of institutions, government, business and individual citizens of the social and economic benefits resulting from conservation and a balanced development of our resources and the scientific and technological advances of the last decade. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that October, 1983 is proclaimed as Energy Conservation Month in Elgin, with special emphasis on the week of October 23 through the 29th, which is proclaimed American Energy Awareness Week in Elgin because it is vital that all citizens are made aware of the necessity of conserving energy for our mutual benefit. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented- August 29, 1983 Adopted: August 29, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: &1 ems. 3 s/ Marie Yea' an Marie Yearman, City Clerk' 297 Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays, None. M, VOLUME XLVIII 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 105% 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 1983 tax levy is less than 105% of the 1982 property tax levy as extended; and WHEREAS, the City Council of the City of Elgin has reviewed the 1982 property.tax levy as extended and the 1983 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 1982 property tax levy excluding debt serviceas "extended was $6,369,050 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 1983 is 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 1983 is not in excess of 105% of the amount of property tax extended for the year 1982 against taxable property in the City of Elgin. s/ Richard L— Verbic Rgc r er ic, Mayor Presented: August 29, 1983 Adopted: August 29, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an rie Yearman, City Clerk RESOLUTION ADOPTED NG CHANGE ORDER PFF RFSSrnrF nic_ f Councilman Gilliam made a motion, seconded by Councilman Waters,, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, -' Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 2 TO CONTRACT NO, 3 LIME RESIDUE DISPOSAL FACILITIES SECTION I' FILL AND DRY LAGOONS WHEREAS, the City of Elgin has heretofore entered into a written contract with Ryan Inc; of Wisconsin for the construction of certain water works improvements known as Contract No. 3 Lime Residue Disposal Facilities Section I - Fill and Dry Lagoons; 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, s/ Ri chard L. Verbic Richard L. Ver ic, Mayor Presented: August 29, 1983 Adopted: August 29, 1983 Vote. 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTIO Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Hansen. 300 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERNATIONAL SYSTEMS, INC. VOLUME XLVIII 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 Ra ar L. Ver ic, Mayor Presented: August 29, 1983 Adopted: August 29, 1983 Vote: Yeas 6 Nays 1 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Cler RESOLUTION ADOPTED ABANDONING WHATEVER RIGHTS THE'CITY OF ELGIN MAY HAVE IN A CERTAIN SANITARY SEWER EASEMENT Councilman Hansen made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. r" VOLUME XLVIII RESOLUTION ABANDONING WHATEVER RIGHTS THE CITY OF ELGIN MAY HAVE IN A CERTAIN SANITARY SEWER EASEMENT WHEREAS, certain property in the City of Elgin is to be developed to create a shopping area known as Tyler Creek Plaza, and 301 WHEREAS, there is located on said property a certain sanitary sewer which has not been used for several years due to the fact that an alternative sanitary sewer system is currently serving the area, and WHEREAS, it is unclear who owns the sanitary sewer or the easement upon which said sewer is located, and WHEREAS, the Developers of said Tyler Creek Plaza have requested that the City of Elgin abandon and vacate whatever interest, if any, Elgin may have in said sanitary sewer and easement, and WHEREAS, the City Council of the City of Elgin has determined that said sanitary sewer is not necessary due to the fact that an alternative system has been installed and is currently serving the area and will serve the area for the foreseeable future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN that the City of Elgin hereby releases and abandons whatever rights, if any, it has to the easement for sanitary sewers located on Lot l of Big Timber Corner, Unit 1, as shown on Document #1196196 as filed in the Kane County Recorder's Office on July 6, 1971. s/. Richard'L. Verbic Richard L. Verbic, Mayor Presented: August 29, 1983 Adopted: August 29, 1983 Vote: Yeas: 7 Nays: 0 Recorded: 6A`tt�est: - i1Vi..ct.3� S/ Marie Yearn Marie Yearman, City Clerk RESOLUTION AUTHORIZING PARTICIPATION IN AN EMPLOYEE ASSISTANCE PROGRAM Leo Nelson: We are going to ask you to table this, we do not have all the information that you wanted from us. Councilman Schmidt made a motion, seconded by Councilman Waters, to table the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, 302 VOLUME XLVIII r- AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Speer Financial Inc. $2,500.00 Services re Industrial Bonds for Hinckley & Schmitt project. Carl Holmes & Assoc. Zabel Auto Rebuilders Aqua Pressure Cleaning $2,500.00 Seminar on Effective Management Fire Service. $2,015.00 Misc. parts for RTA Buses. $1,873.50 Purchase of portable high pressure washer for Bus Garage. Illinois Radio Equipment $1,800..00 Neighborhood Housing Service/ '- Carol Johnston - 604 Margaret Place. $1,588.00 Leasing of 12 radios for leased RTA buses. NHS,Revolving Loan Fund Program. Councilman Waters made a motion, seconded by Councilman Gilliam, to approve the aforementioned payments,. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. AUTHORIZATION TO SET PUBLIC HEARING Councilman Gilliam made to set a public hearing consider annexation and property located at 472 Andersen, Gilliam, Hans Nays: None. a motion, seconded by Councilman Hansen, on September 26, 1983, at 8:00 p.m.., to 0 Limited Office District Zoning for North McLean Boulevard. Yeas: Councilmen sn, Schmidt, Shales, Waters and Mayor Verbic. AUTHORIZATION TO SET PUBLIC HEARING Councilman Hansen made a motion, seconded by Councilman Andersen, to set a public hearing on September 26, 1983, at 8 :00 p',m., to consider annexation and B -3 Service Business District Zoning and M -2 General Manufacturing District Zoning for property located and commonly known as The Elgin Airport property. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for the month of May, 1983. Fire Departmenr Report Water Department Report for July, 1983 _- Cemetery Report for July, 1983 VOLUME XLVIII 303 Public Works Report for June, 1983 Police Department Report Traffic Committee Minutes, 8/5/83 Parking Lot Revenues, 8/1/82 through 7/31/83 Budget Summary dated August 5, 1983 Councilman Gilliam made a motion, seconded by Councilman Schmidt, to place the above reports on file, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilman Andersen, to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:00 p.m. Marie Yea rman,\!C ity C en kXq -. VOLUME XLVIII September 12, 1983 304 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on September 12, 1983, 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 LeRoy R. Koepke of Good Shepherd Lutheran Church, and the Pledge of Allegiance was led by Councilman Andersen. ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Councilman Gilliam arrived at 9:55 p.m. Absent: None. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE AUGUST 29, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilman Waters, to approve the August 29, 1983 Council Minutes as published. Yeas: Councilman Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TWO DUMP TRUCKS FOR PUBLIC WORKS Councilman Waters made a motion, seconded by Councilwoman Shales, to award the bid to the low bidder, Northwest Ford Truck Center, for a total amount of $57,578.97. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID REJECTED FOR EXTERIOR SIDING FOR FIRE STATION Councilman Schmidt made a motion, seconded by Councilman Hansen, to reject the bid for =exterior siding. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR RECARPETING ELGIN CITY HALL Councilman Hansen made a motion, seconded by Councilman Waters, to award the bid to the low bidder, Associated Contract Carpet Company, for a total amount of $14,206.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 305 VOLUME XLVIII BID TABLED FOR SOUTHEAST AREA RESURFACING Councilwoman Shales made a motion, seconded by Councilman Schmidt, to table the bid for the Southeast Area Resurfacing. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Roger Dahlstrom: The nursing home was constructed on the subject property during the late fifties. The property was annexed to the City and zoned R -3 Two Family Residence District Special Use for a Nursing Home in 1959. The residential section of the Zoning Ordinance was amended in 1976 to permit nursing homes as a special use only within the R -4 classification. This amendment rendered the Mary Margaret Manor Nursing Home a lawful non - conforming use. The purpose of the Zoning Ordinance text amendment was to afford the City greater control for the location of nursing homes and to provide for nursing homes within a zoning classification that would have reinforced consistency and compatibility of land use. Basically the thought was that nursing, , homes, should they become defunct, would be more readily useable, or adaptable as apartments then any other specific type of residential use. As it Is the nursing home cannot expand in its present configuration as a non - conforming use and a petition has been filed in order to eliminate the lawful non - conforming status of the property. The property is approximately five acres and is improved with a masonry structure. At its regular meeting of August 15, 1983, the Land Use Committee recommended the rezoning and special use approval subject to compliance with the aforementioned conditions by a vote of 3 yes and l no. 1 would specifically call you attention to condition No. 1 wherein the staff, with.the concurrence of the Land Use Committee, recommends a change in the legal description regarding this petition, basically to eliminate that section of the land in question that is adjacent to Highland Avenue. This change in the boundaries is acceptable to the petitioner. Councilwoman Shales: We are talking only about the land that Mary Margaret Manor is on, we are not talking about the piece that extends to Highland, Roger Dahlstrom: It is not just the site that the building is on, there is also an area immediately to the west which is the subject of this petition, but the petition as recommended by the staff and the Land Use Committee excludes that northerly portion that does extend up to Highland. Councilwoman Shales: That would remain R -2 and the nursing home could not be expanded onto that land. VOLUME XLVIII Roger Dahlstrom Not without a rezoning. 306 Councilwoman Shales: The other thing I want to know, does Mary Margaret Manor own the lot on the corner of McLean and Easy Street. Roger Dahlstrom: I believe there is a piece of land they own, but that is not in question here either. That would remain R -2. Councilman Schmidt: Then we are just talking about the land that goes west behind Mary Margaret, not to the north and not to the south. If we go to the west with this rezoning how does that infringe on property along Highland Avenue. Roger Dahlstrom: This area is surrounded by R -2 at present. Councilman Schmidt: What will be the accessability to this part of the building. Roger Dahlstrom: That's really a question I think we may have to put to the Legal Department, concerning whether or not there can be access for a use through another zoning classification. To the best of my knowledge there is no limitation -- in other words a driveway could be put through the property simply because it is - allowable. There is no restriction for a driveway access that I am aware of. They do own the property - the northern piece of the property that was part of the initial petition. The area that extends from the parcel behind the building up to the north to Highland Avenue, they do own that and that is not now a part of their rezoning petition, but they do own that property. The nursing home representatives have not represented to us any specific plan for an access drive. Councilman Hansen: If this is granted I presume that if something ever happened to the Mary Margaret Manor Nursing Home that then we could have multiple family dwellings erected on the site and what would the density of those be. Roger Dahlstrom:, The underline zoning would be R -4 so apartments could be built on the site if the nursing home were not there. The maximum for density is 14 per acre under our zoning classification. Councilman Hansen: So you could have 70 units on there. One of my concerns is - -- Jerry Deering: The subject property is about 2'-z acres and under the R -4 zoning classification only one building could be constructed without a subdivision or planned unit development approval. Councilman Hansen: The only problem that I have with the proposal is that we don't see a planned expansion or a need for an exppansion, and we do have the possibility that you could end up with R -4 multiple family housing there, with a substantial density. 307 VOLUME XLVIII Jerry Deering: They did not have a specific expansion plan at this time. The Planning Department and the Land Use Committee have recommended some specific conditions that would regulate future additions, but you are correct that if zoned R -4 and as long as it remains zoned R -4 it can be developed. Councilman Hansen: Why could'nt the City Council then permit an expansion here with a special use and maintain some control that perhaps the neighbors might want. Roger Dahlstrom: The petition is for R -4 special use. Councilman Hansen: I know he has to have that, but if something happens to the nursing home then the special use is a mute point, and you have more of a control over this property permitting there under special use than you are granting them the zoning. I don't have a problem with the Zoning Ordinance, and I don't have a problem with Mary Margaret Manor expanding, but I do have a problem with giving them more than they need. What is it right now, is it R -2. Roger Dahlstrom: It is R -3, but the problem is that nursing homes are no longer, even a special use in an R -3, they can only be permitted as a special use in an R -4. That was changed in 1976. Councilman Hansen: A lot of changes were made then and I am not sure that I agree with all of them. I am just saying that we are permitting, in my view, more than the present occupant of the land needs for the successful operation of his business, and why should we expose the neighbors, which is R -2 housing, to something that they did'nt plan on when they built their property, just to conform to a zoning law that might in my mind be suspicious right now. Roger Dahlstrom: One option that is always available would be to petition for text amendment to allow nursing homes, again as a special use, in an R -3 and that could be done, but the difficulty is that should the nursing home then become defunct, the structure itself could then only be used for two family residence. So in order to reuse the building for any constructive use, should the nursing home become defunct, there would still be a petition involved for an R -4 use to use the structure for something else. We did explain to the petitioner that one of their options was to petition for a text amendment to allow nursing homes as a special use in an R -3 classification. Leo Nelson: I think that part of the discussion in 1976 was that if you were faced with a petitioner who wanted to build a new nursing home, they could put them in an R -3 district with a special use and people in R -3 districts did'nt think that a nursing home belonged in an R -3 district. VOLUME XLVIII ME guess they never thought that if you made it a special use in R -3 only, that people who lived in R -3 did'nt want a nursing home because it was more of an R -4 type of use than it was an R -3. Roger Dahlstrom- in terms of it's density of use. Councilman Hansen: You can turn that right around and say if that's true then certainly it's not an appropriate use in an R -2. Roger Dahlstrom: That is why they are seeking R -4. Councilman Hansen: I know you are seeking that, but you are also changing the zoning classification of property that surrounds other people's land and I have a problem with giving them more than they need to upgrade their business. Councilman Schmidt: This would then become R -4 and according to their petition it says "while the Mary Margaret Manor has no expansion plans at this time ", supposing they say we are not even going to do it then they could go ahead and put other things or a building that would take R -4, is that correct. Roger Dahlstrom: Well they could'nt put another principal building on the site, not without a resubdivision or a planned unit development, that would have to come before this body. Councilman Hansen: one of the things that the Comprehensive Plan addresses is they recognize that McLean Boulevard is an 0 zoned transitional area for an arterial road, and I guess everyone has accepted that. If I owned property there I would object less to an 0 zoning than I would an R -4, then if the property was no longer suitable for a nursing home it could be turned into an office. Councilwoman Shales: What is the advantage to having R -4 zoning at this time. Roger Dahlstrom: The advantage for Mary Margaret Manor is that they would become conforming use as opposed to a non - conforming use. Mayor Verbic: Why did Mr. Bowes initiate this. Mr. Bowes: The simple fact is we are not allowed under our current zoning to do anything such as paving gravel areas, any sort of building application we are not allowed to do. Be it so small as a tool shed or so large as an extra wing we are not allowed to do it, unlike every other business in the City which is allowed to go through the legal procedure of a building application we can't seem to get to that point with the City. We are strangled at the point that we are not allowed to go there we have to go to a zoning petition and zoning procedure, which we are going through now trying to end that particular position. 309 VOLUME XLVIII Councilman Hansen: From my point of view I think we have a problem with the Zoning Ordinance and not a problem with the rezoning or a special use here. The problem here is we are applying a current zoning law to a facility that was built 20 or 30 years ago. Mr. Bowes: I should point out that if the City had kept up with it's clerical duties in 1976, when the zoning was chang9ed from R -3 to R -4, we would have automatically been changed town R -4 and I would not now have to be in front of you." It's simply because a mistake was cited when I orginally came for a building permit for an addition to a dining room which we never were able to accomplish that this whole situation cropped up. Up to that point I assumed that we were like every other piece of property in the City of Elgin. John Washburn, 1460 Easy Street: Part of the problem here I believe that some of the neighbors have is this last public hearing about the rezoning. A couple -of years ago a petition was started and at that time the Land Use Committee suggested that there be just a public informational meeting for the neighbors at which time a site plan was shown to us and there were some problems with that site plan. We have no problem with the nursing home that currently exists and we feel that they should be able to conduct their business. We are concerned about the expansion and what would happen on that property that goes west of the current brick structure. I don't know why this history and background about this rezoning was'nt given by the staff in the handout that we got at the last public hearing. It's just as if our comments and concerns were considered insignificant. The site plan that the staff put together is nothing more than lined diagram, signifying absolutely nothing. The areas they show as set- backs and what they allow in the setbacks are some of the concerns that we have, that is parking and driveways. Also in the findings they had public convenience and that the property had adequate space for safe and efficient off - street parking. Now this is not being demonstrated by use of the R -2 lot at the corner of McLean and Easy Street in parking by the staff. The staff considers to be sufficient a hedge three feet in height for screening, what is a three foot hedge going to screen. Mayor Verbic: I think that one of the things which initiated this zoning change is adding on to the dining room and in order to do this you have to have the R -4. Some of the Council has expressed concerns about using the site for apartments, but I think primarily this business is for a nursing home and that's it. Councilman Waters made a motion, seconded by Councilwoman Shales, to approve Petition 26 -83, subject to the exclusion of the adjacent property to Highland Avenue. VOLUME XLVIiI 310 Councilwoman Shales: I would be for this petition because apparently this nursing home should have had the R -4 zoning 1976, if I am right about the other property. I would like to see the other problems addressed, I am not sure how we would do that tonight, but apparently parking is a problem and I would like that problem addressed. Mayor Verbic: I am in favor of this petition, I feel that if he wants to add on to the dining room this is the only way relief can be granted, Yeas: Councilmen Andersen, Shales, Waters and Mayor Verbic. Nays: Councilmen Hansen and Schmidt. ORDINANCE PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 13, 1983 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES,ILL. Councilman Hansen: This ordinance I understand cannot be exceeded but it can be abated. Is that correct. Jim Bolerjack: That is correct. Councilman Hansen: So we can reduce it at budget time, therefore I will vote for it. Councilman Waters made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 311 VOLUME XLVIII TAX LEVY ORDINANCE CITY OF ELGIN Kane and Cook Counties, Illinois For the Fiscal Year Beginning January 1, 1983 and Ending December 31, 1983 ORDINANCE NO. T1 -83 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983 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, 1982 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, 1983, the amount of which is ascertained to be the agregate sum of $40,662,440. 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 it's government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: SECTION 1. That there be and there is hereby levied upon all taxable property within the coporate limits of said City, subject to taxation for the year 1983, the total sum of $6,922,017 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 here- tofore named being included herein by being placed in a separate column under the heading "To Be Raised By Taxation" which appears over the same, the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: Estimated Amount Receipts From TO Be Raised Appropriated Other Sources By Taxation GENERAL CORPORATE PURPOSES In accordance with provisions of the 1970 Constitution of Illinois, Art. 7 011 Mayor & City Council $ 30,920 $ 30,920 $ - 012 Office of the City Manager 137,630 137,630 - 013 Purchasing & Research 79,295 79,295 - 014 Personnel & Admin. Services 108,865 108,865 - 015 Legal Department 113,200 113,200 - 018 Human Relations Commission 39,035 39,035 - 019 Boards & Commissions 49,500 49,500 - 020 Finance Department 703,610 703,610 - 030 Department of Buildings 286,600 286,600 - 040 Community Development Dept. 349,005 349,005 - 050 Police Department 5,180,655 2;388,655 2,592,000 059 Civil Defense 2,230 2,230 - 060 Fire Department 3,466,315 1,466,315 2,000,000 061 Fire Department - B'.I.S. 344,120 344,120 - 071 Public Works - Administration 100,810 100,810 - 072 Engineering Division 427,775 427,775 - 074 Electrical Division 439,595 439,595 - 075 Sanitation Division 711,115 711,115 - 076 Streets Division 857,480 857,480 - 077 Sewers Division 308,945 308,945 - 079 Construction Division 66,025 66,025 - 081 Public Prop. & Recrea. - Admin. 74,335 74,335 - E. 082 Recreation Division 356,325 356,325 - 087 Mall Coordinator 47,935 47,935 - 088 Parks Maintenance 567,280 567,280 - 089 Hemmens Building 174,265 174,265 - 190 Non - Departmental 1,547,165 1,647,165 - TOTAL - GENERAL CORPORATE PURPOSES $16-,670,030 $12,078,030 $4,592,000 Adds 1% for Loss of Collection 46,384 Total Amount To Be Raised By Taxation $4,638,384 SPECIAL CORPORATE PURPOSES 200 Public Benefit Tax $ 325,850 $ 100,850 $ 225,000 210 Road and Bridge Fund - In accordance with the 1970 Constitution of Illinois, Article 7 217,500 217,500 - 230 Community Development Grant 1,604,890 1,604,890 - 270 Federal Revenue Sharing Fund 787,850 787,850 - 280 Ill. Municipal Retirement Fund In accordance with the 1970 Constitution of Illinois, Article 7 1,301,545 726,545 575,000 290 Motor Fuel Tax Fund 818,500 818,500 - 300 Corporate Bond Fund - Principal and Interest on Corporate Bonds - In accordance with provisions of Section 6, Article 7 of the Constitution of Illinois. 1,112,175 358,378 753,797 SPECIAL CORPORATE PURPOSES 330 Spring Street Parking Const. 340 Park Development Fund 350 Downtown Redevelopment Fund 375 Capital Imprv. - Otter Creek 377 Capital Imprv. - Old Main 378 Capital Imprv. - Tyler Creek 379 Capital Imprv. - Sears Bldg. 385 Capital Improvements Fund 390 Water Bonds - Project Fund 400 Water Operating Fund 410 Water Improvement Fund 450 Parking Operating Fund 455 Spring St. Parking Oper. 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 - Ann St. 705 Municipal Garage - Crystal St TOTAL SPECIAL CORPORATE PURPOSES Estimated Amount Receipts From Appropriated Other Sources $ 380,000 71,000 39,100 (City) 60,000 29,000 186,905 606,710 2,335,000 485,755 5,230,675 450,000 181,825 397,385 216,325 379,900 54,575 1,777,015 1,625,400 1,764,600 598,040 407,630 547,260 Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation For Special Corporate Purposes $23,992,410 Grand Total - Appropriation - All Purposes $40,662,440 Total Receipts From Sources Other Than Taxation Total To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation $ 380,000 71,000 39,100 60,000 29,000 186,905 606,710 2,335,000 485,755 5,230,675 450,000 181,825 397,385 216,325 379,900 54,575 1,777,015 1,418,400 1,264,600 598,040 407,630 547,260 $21,731,613 $33,809,643 To Be Raised By Taxation 207,000 500,000 $2,260,797 22,836 $2,283,633 $6,852,797 69,220 6,922,017 The total amount of $40,662,440 levied by this ordinance for all funds is herein itemized as follows: (Itemized amounts on the pages that follow) CITY OF ELGIN APPROPRIATION AND MEANS OF FINANCING BUDGET FOR THE YEAR 1983 Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1983 Taxation Taxation General Corporate Purposes: 011 - Mayor and City Council 700 Salaries and Wages $ 91000 $ 91000 $ - 7054 Pension Contributions - FICA 605 605 707 Other Employee Costs 220 220 710 Office Supplies 1,065 1,065 - 720 General Operating Supplies 120 120 - 795 Miscellaneous Supplies 100 100 - 820 Office Services 7,880 7,880 - 825 Postage and Telephone 365 365 - 830 Transportation, Conferences 11,565 11,565 - 850 Total 30,920 30,920 $ 012 - Office of the City Manaqer 700 Salaries and Wages $ 104,490 $ 104,490 $ - 7051 Pension Contributions - IMRF 11,420 11,420 - 707 Other Employee Costs 5,275 5,275 - 710 Office Supplies 2,045 2,045 - 720 General Operating Supplies 680 680 - r' 820 Office Services 1.345 1,345 - 825 Postage and Telephone 1,530 1,530 - 830 Transportation, Conferences 2,755 2,755 - 835 Training Expense 450 450 - 850 Repair and Maintenance Services 695 695 - 860 Rentals 50 50 - 882 Automobile Insurance 395 395 - 960 Capital Replacements 6,500 6,500 - Total 137,630 137,630 $ 013 - Purchasing and Research 700 Salaries and Wages $ 60,655 $ 60,655 $ - 7051 Pension Contributions - IMRF 7,660 7,660 - 707 Other Employee Costs 4,835 4,835 - 710 Office Supplies 1,495 1,495 - 820 Office Services 1,955 1,955 - 825 Postage and Telephone 1,535 1,535 - 830 Transportation, Conferences 700 700 - 835 Training Expense 400 400 - 850 Repair and Maintenance Service 60 60 - Total 79,295 79,295 014 - Personnel and Administrative Services 700 Salaries and Wages 75,635 $ 75,635 $ - 7051 Pension Contributions - IMRF 9,060 9,060 - 7054 Pension Contributions - FICA 320 320 - 707 Other Employee Costs 6,630 6,630 - 710 Office Supplies 2,745 2,745 - 795 Miscellaneous Supplies 80 80 - 019 - Boards and Commissions 9532 Economic Development Comm. $ 21,000 Estimated 9533 Beautification Commission 500 500 - From Sources To Be Code 20,500 - Appropriation Other Than Raised By Number Expenditure Classification 1983 Taxation Taxation F General Corporate Purposes: 700 014 - Personnel and Administrative - Services - cont. $ 437,575 $ - 7051 800 Professional Services 5,000 $ 5,000 $ - 820 Office Services 3,775 3,775 - 825 Postage and Telephone 2,075 2,075 - 830 Transportation, Conferences 800 800 - 835 Training Expense 1,850 1,850 - 850 Repair and Maintenance Services 120 120 - 886 Surety Bonds 25 25 - 959 Unclassified Expenditures 750 750 - Total 108,865 108,865 - 015 - Legal Department 700 Wages and Salaries $ 65,605 $ 65,605 $ - 7051 Pension Contributions - IMRF 8,360 8,360 - 707 Other Employee Costs 6,410 6,410 - 710 Office Supplies 4,925 4,925 - 800 Professional Services 22,400 22,400 - 820 Office Services 1,150 1,150 - 825 Postage and Telephone 1,250 1,250 - 830 Transportation, Conferences 2,300 2,300 - 835 Training Expense 550 550 - 850 Repair and Maintenance Services 250 250 - Total 113,200 113,200 -_ 018 - Human Relations Commission 700 Salaries and Wages $ 26,825 $ 26,825 $ - 7051 Pension Contributions - IMRF 3,405 3,405 - 707 Other Employee Costs 2,220 2,220 - 710 Office Supplies 975 975 - 820 Office Services 915 915 - 825 Postage and Telephone 765 765 - 830 Transportation, Conferences 1,520 1,520 - 835 Training Expense 1,000 11000 - 860 Rentals 360 360 - 870 Miscellaneous Services 1,050 1„050 - Total 39,035 39,035 019 - Boards and Commissions 9532 Economic Development Comm. $ 21,000 $ 21,000 $ - 9533 Beautification Commission 500 500 - 9534 Chamber of Commerce 20,500 20,500 - 9536 Central Elgin Corporation 7,500 7,500 - Total 49,500 49,500 $ - 020 - Finance Department 700 Salaries and Wages $ 437,575 $ 437,575 $ - 7051 Pension Contributions - IMRF 54,465 54,465 - 7054 Pension Contributions - FICA 445 445 - 707 Other Employee Costs 41,865 41,865 - 710 Office Supplies 20,050 20,050 - 720 General Operating Supplies 1,050 1,050 - 740 Repair and Maintenance Supplies 125 125 - 770 Materials For Resale 400 400 - 780 Regulatory Supplies 2,750 2,750 - Estimated Receipts Code Number Appropriation From Sources Other Than To Be Raised By Expenditure Classification 1983 Taxation Taxation General Corporate Purposes: 020 - Finance Department - cont 800 Professional Services $ 22,100 $ 22,100 $ 820 Office Services 22,900 22,900 825 Postage and Telephone 42,050 42,060 830 Transportation Conferences 2,050 2,050 835 Training Expense 2,100 2,100 850 Repairs and Maintenance Services 3,450 3,450 860 Rentals 35,275 35,275 - 870 Miscellaneous Services 1,200 1,200 886 Surety Bonds 50 50 - 959 Unclassified Expenditures 100 100 970 Capital Additions 13,600 13,600 Total 703,610 703,610 $- _030 - Department of Buildings 700 Salaries and Wages $ 168,310 $ 168,310 $ - 7051 Pension Contributions - IMRF 20,565 20,565 - 7054 Pension Contributions - FICA 345 345 707 Other Employee Costs 17,370 17,370 - 709 Personal Services Recovered (13,000) (13,000) - 710 Office Supplies 430 430 - 720 General Operating Supplies 8,950 8,950 - 740 Repair and Maintenance Supplies 17,000 17,000 - 799 Material Costs Recovered (850) (850) - 820 Office Services 325 325 825 Postage and Telephone 1,285 1,285 - 830 Transportation, Conferences 755 755 835 Training Expense 440 440 840 Utilities 33,225 33,225 - 850 Repair and Maintenance Services 17,275 17,275 860 Rentals 210 210 870 Miscellaneous Services 1,965 1,965 - 970 Capital Additions 51000 5,000 - 980 Major Repairs 7,000 7,000 - 286,600 286,600 -- 040 - Community Development Department 700 Salaries and Wages $ 253,730 $ 253,730 $ - 7051 Pension Contributions - IMRF 32,145 32,145 707 Other Employee Costs 21,965 21,965 - 710 Office Supplies 8,205 8,205 - 720 General Operating Supplies 11900 1,900 - 740 Repair and Maintenance Supplies 10 10 - 770 Materials For Resale 1,250 1,250 - 800 Professional Services 6,500 6,500 820 Office Services 7,850 7,850 - 825 Postage and Telephone 4,055 4,055 - 830 Transportation, Conferences 1,775 1,775 - 835 Training Expense 450 450 - 850 Repair and Maintenance Services 2,190 2,190 - 860 Rentals 125 125 - 882 Automobile Insurance 1,055 1,055 - 960 Capital Replacements 5,800 5,800 - Total $ 349,005 $ 349,005 $ - Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1983 Taxation Taxation General Corporate Purposes: 050 - Police Department 700 Salaries and Wages $ 3,622,195 $ 1,030,195 $ 2,592,000 7051 Pension Contributions - IMRF 75,725 75,725 - 7052 Pension Contributions - Police 552,900 552,900 - 7054 Pension Contributions - FICA 375 375 - 707 Other Employee Costs 416,850 416,850 - 710 Office Supplies 23,385 23,385 - 720 General Operating Supplies 152,155 152,155 - 740 Repair and Maintenance Supplies 1,965 1,965 - 780 Regulatory Supplies 1,200 1,200 - 795 Miscellaneous Supplies 11100 11100 - 800 Professional Services 1,100 1,100 - 820 Office Services 7,165 7,165 - 825 Postage and Telephone 29,200 29,200 - 830 Transportation, Conferences 3,300 3,300 - 835 Tranining Expense 15,270 15,270 - 840 Utilities 11180 1,180 - 850 Repair and Maintenance Services 112,370 112,370 - 860 Rentals 760 760 - 870 Miscellaneous Services 13,950 13,950 - 882 Automobile Insurance 25,065 25,065 - 959 Unclassified Expenditures 51000 51000 - 950 Capital Replacements 115,880 115,880 - 970 Capital Additions 2,565 2,565 - Total 5,180,655 $ 2,588,655 $ 2,592,000 059 - Civil Defense Division 820 Office Services $ 20 $ 20 $ - 825 Postage and Telephone 1,555 1,555 - 830 Transportation, Conferences 200 200 - 835 Training Expense 100 100 - 840 Utilities 280 280 - 850 Repair and Maintenance Services 75 75 Total 2,230 2,230 - 050 - Fire Department 700 Salaries and Wages $ 2,380,530 $ 380,530 $ 2,000,000 7051 Pension Contributions - IMRF 2,140 2,140 - 7053 Pension Contributions- Fire 718,400 718,400 - 707 Other Employee Costs 267,750 267,750 - 709 Personal Services Recovered (66,525) (66,525) - 710 Office Supplies 5,190 5,190 - 720 General Operating Supplies 38,910 38,910 - 740 Repair and Maintenance.Supplies 13,810 13,810 - 820 Office Services 1,100 1,100 - 825 Postage and Telephone 8,425 8,425 - 830 Transportation, Conferences 2,505 2,505 - 835 Training Expense 12,990 12,990 - 840 Utilities 16,370 16,370 - 850 Repair and Maintenance Services 13,360 13,360 - " -- 860 Rentals 485 485 - 870 Miscellaneous Services 3,300 3,300 - 879 Contractual Costs Recovered (3,700) (3,700) - To Be Raised By Taxation c $ 21000,000 Estimated Receipts Code From Sources Number Expenditure Classification Appropriation 1983 Other Than Taxation General Corporate Purposes: 060 - Fire Department - cont 882 Automobile Insurance $ 4,355 $ 4,355 960 Capital Replacements 24,900 24,900 970 Capital Additions 625 625 980 Major Repairs 21,395 21,395 Total 3,466,315 $ 1,466,315 061 - Fire Department - B:I S 700 Salaries and Wages $ 183,865 $ 183,865 7051 Pension Contributions - IMRF 23,580 23,580 707 Other Employee Costs 22,610 22,610 708 Employee Transfer Charges 66,525 66,525 710 Office Supplies 2,805 2,805 720 General Operating Supplies 4,025 4,025 800 Professional Services 8,375 8,375 820 Office Services 860 860 825 Postage and Telephone 2,690 2,690 830 Transportation, Conferences 740 740 835 Training Expense 1,715 1,715 850 Repair and Maintenance Services 3,180 3,180 870 Miscellaneous Services 20,085 20,085 882 Automobile Insurance 2,705 2,705 970 Capital Additions 360 360 Total 344,120 344,120 070 - Public Works - Administration 760 Salaries and Wages $ 77,325 $ 77,325 7051 Pension Contributions - IMRF 91055 9,055 707 Other Employee Casts 6,725 6,725 710 Office Supplies 775 775 720 General Operating Supplies 825 825 820 Office Services 265 265 825 Postage and Telephone 2,610 2,610 830 Transportation, Conferences 1,615 1,615 835 Training Expense 250 250 850 Repair and Maintenance Services 970 970 882 Automobile Insurance 395 395 Total 100,810 100,810 0_72 - Engineering Division 700 Salaries and Wages $ 313,895 $ 313,895 7051 Pension Contributions,- IMRF 38,915 38,915 7054 Pension Contributions - FICA 270 270 707 Other Employee Costs 34,405 34,405 710 Office Supplies 2,825 2,825 720 General Operating Supplies 6,740 6,740 740 Repair and Maintenance Supplies 675 675 800 Professional Services 2,500 2,500 820 Office Services 985 985 825 Postage and Telephone 3,080 3,080 830 Transportation, Conferences 1,540 1,540 To Be Raised By Taxation c $ 21000,000 Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By ' Number Expenditure Classification 1983 Taxation Taxation General Corporate Purposes: 072 - Engineering Division - cont. 835 Training Expense $ 175 $ 175 $ - 840 Utilities 5,000 5,000 - 850 Repair and Maintenance Services 6,445 6,445 - 870 Miscellaneous Services 150 150 - 882 Automobile Insurance 2,375 2,375 - 960 Capital Replacements 7,800 7,800 - Total 427,775 427,775 074 - Electrical Division 700 Salaries and Wages $ 120,655 $ 120,655 $ - 7051 Pension Contributions - IMRF 14,895 14,895 - 7054 Pension Contributions - FICA 310 310 - 707 Other Employee Costs 12,925 12,925 - 709 Personal Services Recovered (12,000) (12,000) - 710 Office: Supplies 40 40 - 720 General Operating Supplies 51105 5,105 - 740 Repair and Maintenance Supplies 22,775 22,775 - 770 Materials For Resale 10,620 10,620 - 799 Material Costs Recovered (2,000) (2,000) - 820 Office Services 50 50 - 825 Postage and Telephone 505 505 - 835 Training Expense 250 250 - Y 840 Utilities 257,840 257,840 - 850 Repair and Maintenance Services 4,535 4,535 - 860 Rentals 300 300 - 870 Miscellaneous Services 85 85 - 882 Automobile Insurance 1,055 1,055 - 960 Capital Replacements 1,650 1,650 - Total 439,595 439,595 075 - Sanitation Division 700 Salaries and Wages $ 321,740 $ 321,740 $ - 7051 Pension Contributions - IMRF 40,650 40,650 - 7054 Pension Contributions - FICA 330 330 - 707 Other Employee Costs 50,980 50,980 - 720 General Operating Supplies 31,050 31,050 - 740 Repair and Maintenance Supplies 5 5 - 820 Office Services 140 140 - 825 Postage and Telephone 480 480 - 840 Utilities 162,500 162,500 - 850 Repair and Maintenance Services 96,820 96,820 - 870 Miscellaneous Services 360 360 - 882 Automobile Insurance 3,760 3,760 - 960 Capital Replacements 800 800 - 970 Capital Additions 1,500 1,500 - Total 711,115 711,115 - 076 - Streets Division 700 Salaries and Wages $ 487,195 $ 487,195 $ - 7051 Pension Contributions - IMRF 61,275 61,275 - 7054 Pension Contributions - FICA 770 770 - Code Appropriation Number Expenditure Classification 1983 General Corporate Purposes: 076 - Streets Division - Cont. 107 Other Employee Costs $ 61,495 709 Personal Services Recovered (21,500) 720 General Operating Supplies 38,390 740 Repair and Maintenance Supplies 60,425 799 Material Costs Recovered (11000) 800 Professional Services 800 820 Office Services 220 825 Postage and Telephone 775 830 Transportation, Conferences 1,845 835 Training Expense 100 840 Utilities 14,150 850 Repair and Maintenance Services 96,700 860 Rentals 11090 870 Miscellaneous Services 1,405 882 Automobile Insurance 6,730 960 Capital Replacements 2,115 970 Capital Additions 4,500 980 Major Repairs 40,000 Total 857,480 077 - Sewers Division 700 Salaries and Wages $ 162,435 7051 Pension Contributions - IMRF 20,525 7054 Pension Contributions - FICA 165 707 Other Employee Costs 18,840 709 Personal Services Recovered (2,000) 720 General Operating Supplies 17,790 740 Repair and Maintenance Supplies 10,800 800 Professional Services 24,000 820 Office Services 340 825 Postage and Telephone 165 840 Utilities 6,560 850 Repair and Maintenance Services 25,850 860 Rentals 50 870 Miscellaneous Services 1,250 882 Automobile Insurance 2,175 980 Major Repairs 20,000 Total 308,945 079 - Construction Division 700 Salaries and Wages 7051 Pension Contributions - IMRF 707 Other Employee Costs 709 Personal Services Recovered 720 General Operating Supplies 740 Repair and Maintenance Supplies 799 Material Costs Recovered 820 Office Services 830 Transportation, Conferences 840 Utilities 850 Repair and Maintenance Services 225,800 28,735 23,875 (236,650) 24,750 1,870 (22,625) 35 15 5,095 42,550 Estimated Receipts From Sources Other Than Taxation $ 61,495 (21,500) 38,390 60,425 (1,000) 800 220 775 1,845 100 14,150 96,700 1,090 1,405 6,730 2,115 4,500 40.,000 857,480 $ 162,435 20,525 165 18,840 (2,000) 17,790 10,800 24,000 340 165 6,560 25,850 50 1,250 2,175 20,000 308,945 225,800 28,735 23,875 (236,650) 24,750 1,870 (22,625) 35 15 5,095 42,550 To Be Raised By Taxation 087 - Mall Coordinator 700 Salaries and Wages $ 26,680 Estimated 7051 Pension Contributions - IMRF 3,405 Receipts Code Pension Contributions - FICA 10 From Sources 707 Other Employee Costs Appropriation Other Than Number Expenditure Classification 1983 Taxation General Corporate Purposes: Personal Services Recovered (10,715) 079 - Construction Division - cont. 860 Rentals $ 50 $ 50 870 Miscellaneous Services 160 160 879 Contractual Costs Recovered (40,720) (40,720) 882 Automobile Insurance 3,165 3,165 960 Capital Replacements 2,020 2,020 970 Capital Additions 7,900 7,900 Total 66,025 66,025 081 - Public Pro ert and Recreation - Administration 760 Salaries and Wages 56,745 $ 56,745 7051 Pension Contributions - IMRF 6,720 6,720 707 Other Employee Costs 4,510 4,510 710 Office Supplies 1,420 1,420 720 General Operating Supplies 680 680 820 Office Services 355 355 825 Postage and Telephone 1,035 1,035 830 Transportation, Conferences 915 915 835 Training Expense 400 400 850 Repair and Maintenance Services 1,005 1,005 882 Automobile Insurance 395 395 970 Capital Additions 155 155 Total 74,335 74,335 082 - Recreation Division 700. Salaries and Wages $ 191,550 $ 191,550 7051 Pension Contributions - IMRF 10,480 10,480 7054 Pension Contributions - FICA 7,235 7,235 707 Other Employee Costs 11,375 11,375 709 Personal Services Recovered (750) (750) 710 Office Supplies 2,340 2,340 720 General Operating Supplies 33,650 33,650 740 Repair and Maintenance Supplies 4,040 4,040 770 Materials For Resale 790 790 820 Office Services 4,325 4,325 825 Postage and Telephone 9,745 9,745 830 Transportation, Conferences 1,555 1,555 840 Utilities 51,950 51,950 850 Repair and Maintenance Services 5,660 5,660' 860 Rentals 9,790 9,790 870 Miscellaneous Services 5,450 6,450 882 Automobile Insurance 790 790 960 Capital Replacements 350 350 980 Major Repairs 5,000 5,000 Total 356,325 356,325 087 - Mall Coordinator 700 Salaries and Wages $ 26,680 $ 26,680 7051 Pension Contributions - IMRF 3,405 3,405 7054 Pension Contributions - FICA 10 10 707 Other Employee Costs 2,225 2,225 708 Employee Transfer Charges 4,515 4,515 709 Personal Services Recovered (10,715) (10,715) To Be Raised By Taxation To Be Raised By Taxation Estimated Receipts From Sources Code Appropriation Other Than Number Expenditure Classification 1983 Taxation General Corporate Purposes: 087 - Mall Coordinator - cont. 710 Office Supplies $ 500 $ 500 720 General Operating Supplies 960 960 740 Repair and Maintenance Supplies 160 160 820 Office Services 12,510 12,510 825 Postage and Telephone 750 750 830 Transportation, Conferences 275 275 835 Training Expense 150 150 850 Repair and Maintenance Services 180 180 860 Rentals 150 150 870 Miscellaneous Services 6,180 6,180 Total 47,935 47,935 088 - Parks Maintenance 700 Salaries and Wages $ 392,120 $ 392,120 7051 Pension Contributions - IMRF 48,075 48,075 7054 Pension Contributions - FICA 1,170 1,170 707 Other Employee Costs 36,730 36,730 709 Personal Services Recovered (28,170) (28,170) 710 Office Supplies 115 115 720 General Operating Supplies 46,835 46,835 740 Repair and Maintenance Supplies 11,600 11,600 780 Regulatory Supplies 10 10 800 Professional Services 200 200 820 Office Services 280 28`0 825 Postage and Telephone 2,090 2,090' 830 Transportation, Conferences 1,020 1,020 835 Training 885 885 840 Utilities 17,860 17,860 850 Repair and Maintenance Services 20,800 20,800 860 Rentals 200 200 870 Miscellaneous Services 3,350 3,350 882 Automobile Insurance 3,890 3,890 960 Capital Replacements 2,800 2,800- 970 Capital Additions 5,420 5,420 Total 567,280 567,280 089 - Public Pro and Recreation - Hemmens Bld . 700 Salaries and Wages 96,465 $ 96,465 7051 Pension Contributions - IMRF 9,235 9,235 7054 Pension Contributions - FICA 1,595 1,595 707 Other Employee Costs 9,050 9,050 708 Employee Transfer Charges 10,715 10,715 709 Personal Services Recovered (4,515) (4,515) 710 Office Supplies 1,155 1,155 720 General Operating Supplies 3,980 3,980 740 Repair and Maintenance Supplies 5,110 5,110 770 Materials For Resale 1,000 1,000 820 Office Services 1,155 1,155 825 Postage and Telephone 4,025 4,025 830 Transportation, Conferences 790 790 835 Training Expense 545 545 840 Utilities 25,670 25,670 To Be Raised By Taxation Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By umber Expenditure Classification 1983 Taxation Taxation U89 - Public Prop. & Recrea. - Hemmens Bld . - Cont. 850 Repair & Maintenance Services 765 $ 765 $ - 860 Rentals 100 100 - 870 Miscellaneous Services 5,275 5,275 - 960 Capital Replacements 850 850 - 970 Capital Additions 1,300 1,300 - Total 174,265 74,265 $ 190 - Non - Departmental 710 Office Supplies $ 1,650 $ 1,650 $ - 720 General Operating Supplies 11,380 11,380 - 800 Professional Services 24,000 24,000 - 825 Postage and Telephone 23,270 23;270 - 830 Transportation, Conferences 300 300 - 850 Repair and Maintenance Services 1,200 1,200 - 870 Miscellaneous Services 2,500 2,500 - 882 Automobile Insurance 725 725 - 887 Inland Marine Insurance 2,580 2,580 - 888 Property Insurance 27,545 27,545 - 890 Boiler Insurance 2,165 2,165 - 913 Transfer to Improvement Fund 240,000 240,000 - 9197 Transfer to Cemetery Fund 7,000 7,000 - 950 Real Estate Taxes 500 500 - 953 Contributions 1,050 1,050 - 9551 Working Cash Requirement ,301,300 1,647,165 1,301,300 - Total 1 1,647,165 Total Appropriation $16;670,030 Total Estimated Revenue From Sources Other Than Taxation $12,078,030 Amount To Be Raised By Taxation $ 4,592,000 Add: 1% For Loss of Collection 46,384 Total Amount To Be Raised By Taxation General Corporate Purposes $ 4,638,384 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 -85 $ 11901 $ - $ 11901 Elgin No. 12 due on 1 -2 -85 1,774 - 1,774 76 -TX -3225 due on 1 -2 -85 1,609 - 1,609 77 TX -2747 due on 1 -2 -85 320,566 100,850 219,716 Total 325,850 100,850 225,000 Total Appropriation $ 325,850 Total Revenue From Sources Other Than Taxation $ 100,850 Code Number Expenditure Classification Special Corporate Purposes: 200 c! al Benefit Fund - cont. Amount To Be Raised By Taxation Add: 1% For Loss of Collection Appropriation 1983 Estimated Receipts From Sources Other Than Taxation To Be Raised By Taxation $ 225,000 290 Motor Fuel Tax Fund 761 Total Amount To Be Raised By Taxation For $ 50,000 $ 50;000 $ 764 Public Benefit Purposes 65,000 65,000 - $$ 227,273 210 - Road and Bride Fund 55,000 - 859 Traffic Signals 22,000 Transfer for Street & Bridge Total $ 192,000 $ 192,000 $ - Repairs Total $ 217,500 $ 217,500 217,500 217,500 $ _- 230 - Communit Development Grant 919 Miscellaneous Transfers $ 159,500 $ 159,500 $ 9191 Transfer to General Fund 40,000 40,000 952 Rehabilitation Loans or Grants 223,790 223,790 9521 N.H.S. Loans 240,920 240,920 9703 3rd Year Grant Projects 1,130 1,130 9704 4th Year Grant Projects 2,230 2 230 9705 5th Year Grant Projects 5,220 5,220 9706 6th Year Grant Projects 20,405 20,405 9707 7th Year Grant Projects 110,365 110,365 9708 8th Year Grant Projects 236,215 236,215 9709 9th Year Grant Projects 565,115 565,115 Total 1,604,890 1,604,890 270 - Federal Revenue Sharing Fund' 9194 Transfer to Capital Imprv. Fd. $ 775,000 $ 775,000 $ 955 Contingencies 12,850 12,850 Total $ 787,850 787,850 $ 280 - Illinois Munici al Retirement Fund A11 such monies as the law provides that shall be paid to Municipal Re- tirement Fund $ 1,301,545 $ 726,545 $ 575,000 Total Appropriation $ 1,301,545 Total Revenues From Sources.Other Than Taxation $ 726,545 Amount To Be Raised By Taxation $ 575,000 Add: 1% For Loss of Collection 5 -,808 Total Amount To Be Raised By Taxation For Municipal Retirement Fund $ 580,808 290 Motor Fuel Tax Fund 761 Premix $ 50,000 $ 50;000 $ 764 Salt 65,000 65,000 - 855 Seal Coating 55,000 55,000 - 859 Traffic Signals 22,000 22,000 - Total $ 192,000 $ 192,000 $ - Code Number Expenditure Classification Special Corporate Purposes: Fu 290 - Motor el Tax - cont. Interfund Transfers 920 Catch Basins 922 Premix Patching 923 Snow and Ice Control 924 Storm Sewers 925 Street Sweeping 926 Tree Trimming 927 Maintenance Engineering 928 Traffic Markings 929 Traffic Lights - Energy 930 Traffic Lights - Labor 937 Curbs and Gutters Total Other Charges 955 Contingencies Total Motor Fuel Tax 300 - Corporate Bond Fund 901 Principal Payment 902 Interest Payment Total Total Appropriation Total Revenue From Sources Other Than Taxation Appropriation 1983 $ 20,000 110,000 140,000 8,000 135,000 55,000 15,000 8,000 51,000 39,000 10,000 591,000 $ 35,500 $ 818,500 $ 550,000 562,175 1,112,175 $ 1.112.175 Amount To Be Raised By Taxation Less: Estimated Property Tax Replacement Add: 1;. For Loss of Collection Total Amount To Be Raised By Taxation For Corporate Bond Purposes 330 - Spring Street Parking Construction 990 New Construction $ 380,000 340 - Park Development Fund 800 Professional Services 990 New Construction Total 350 - Downtown Redeveloament Estimated Receipts From Sources Other Than Taxation $ 20,000 110,000 140,000 8,000 135,000 55,000 15,000 8,000 51,000 39,000 10,000 591,000 $ 35,500 $ 818,500 $ 130,000 187 -WA 3$ 1L 578 $ 317.57R $ 380,000 $ 11000 $ 11000 70,000 70,000 71,000 71,000 800 Professional Services $ 850 840 Utilities 11000 850 Repair and Maintenance Services 250 9194 Transfer to Cap. Imprv. Fund 30,000 950 Real Estate Taxes 7,000 Total 39,100 $ 850 1,000 250 30,000 7,000 39,106 To Be Raised By Taxation $ 420,000 374.5Q7 $ 794,F97 $ 794,597 40 800 T-77-5i- ,797 7,614 $ ' "761,411 Code Appropriation Number Expenditure Classification 1983 Special Corporate Purposes: 375 - Capital Improvements Otter Creek Cit 990 New Construction an nnn 377 - Capital Improvements - Old Main 980 Mayor Repairs $ 29,000 378 - Capital Improvements - Tyler Creek 800 Professional Services $ 50,000 990 New Construction 136,905 Total 186,905 Estimated Receipts From Sources Other Than Taxation E 60,000 $ 29,000 $ 50,000 136,905 186,905 379 - Ca ital Im rovements - Sears Buildin 9141 Transfer to Corporate Bond 85,700 $ 85,700 955 Contingencies 105,710 105,710 980 Major Repairs 415,300 415,300 Total 606,710 606,710 385 - Capital Improvements Fund 955 Contingencies $ 115,985 960 Capital Replacements 345,590 970 Capital Additions 131,000 980 Major Repairs 624,525 990 New Construction 1,117,900 720 Total 2,335,000 390 - Water Bonds - Project Fund Repair and Maintenance Supplies 9161 Transfer to Water Fund $ 450,000 955 Contingencies 35,755 26,850 Total 485,755 400 - WatjerOperating Fund 700 Salaries and Wages $ 689,065 7051 Pension Contributions - IMRF 84,430 7054 Pension Contributions - FICA 1,770 707 Other Employee Costs 67,005 710 Office Supplies 2,685 720 General Operating Supplies 489,340 740 Repair and Maintenance Supplies 60,140 770 Materials For Resale 11000 800 Professional Services 26,850 820 Office Services 1,420 825 Postage and Telephone g 985 830 Transportation, Conferences 3,630 835 Training Expense 2,000 840 Utilities 553,730 850 Repair and Maintenance Services 294,370 860 Rentals 300 870 Miscellaneous Services 20,880 882 Automobile Insurance 3,230 887 Inland Marine Insurance 4,565 888 Property Insurance 15,135 890 Boiler Insurance . 470 Total 2,331,000 $ 115,985 345,590 131,000 624,525 1,117,900 2,335,000 $ 450,000 35,755 485,755 $ 689,065 84,430 1,770 67,005 2,685' 489,340 60,140 1,000 26,850 1,420 8,985 3,630 2,000 553,730 294,370 300 20,880 3,230 4,565 15,135 470 2,331,000 To Be Raised By Taxation / Code Number Expenditure Classification Special Corporate Purposes: 400 - Water Operating Fund - cont. Bonds and Interest 9031 G.O. Principal - 1976 Water 9032 G.O. Principal - 1980 Water 9036 G.Q. Interest - 1976 Water 9037 G.O. Interest - 1980 Water Total Estimated. Receipts From Sources To Be Appropriation Other Than Raised By 1983 Taxation Taxation $ 75,000 $ 75,000 $ - 400,000 400,000 - 43,475 43,475 - 1,189,500 11189,500 - $ 1,707,975 $ 1,707,975 $ 450 - Parking Operatinq Fund 700 Interfund Transfers 90,275 $ 90,275 $ - 7051 906 Transfer = Admin. Costs $ 116,500 $ 116,500 $ - 913 Transfer to Improvement Fund 48,000 48,000 - 917 Transfer in Lieu of Taxes 230,000 230,000 240 - 720 Total 394,500 394,500 $_ -_- Repair and Maintenance Supplies Other Charges 2,015 - 820 Office Services 955 Contingencies $ 36,605 $ 36,605 $ - 9559 Provision For Debt Service 600,000 600,000 - 850 Total 636,605 636,605 $ Rentals- Capital Expenditures 4,500 - 882 Automobile Insurance 960 Capital Replacements $ 13,225 $ 13,225 $ - 970 Capital Additions 30,875 30,875 - 980 Major Repairs 104,000 104,000 - 990 New Construction 12,495 12,495 - Total 160,595 160,595 Total - Water Operating Fund $ 5,230,675 $ 5,230,675 $ - 410 - Water Improvement Fund 955 Contingencies $ 400,000 $ 400,000 $ - 990 New Construction 50,000 50,000 - Total 450,000 450,000 $ - 450 - Parking Operatinq Fund 700 Salaries and Wages $ 90,275 $ 90,275 $ - 7051 Pension Contributions - IMRF 11,585 11,585 - 707 Other Employee Costs 8,245 8,245 - 709 Personal Services Recovered (22,000) (22,000) - 710 Office Supplies 240 240 - 720 General Operating Supplies 11900 1,900 - 740 Repair and Maintenance Supplies 2,015 2,015 - 820 Office Services 1,700 1,700 - 825 Postage and Telephone 680 680 - 840 Utilities 13,305 13,305 - 850 Repair and Maintenance: Services 14,660 14,660 - 860 Rentals- 4,500 4,500 - 882 Automobile Insurance 595 595 - Total 127;700 $127,700 Interfund Transfers 906 Transfer - Admin. Costs $ 14,150 $ 14,150 $ - Estimated Receipts Code From Sources To Be Number Appropriation Expenditure Classification 1983 Other Than Taxation Raised By �ecial Corporate Purposes- Taxation 450 - Parking Operating Fund - cont. Other Charges 955 Contingencies $ 39,975 $ 39,975 $ - Total - Parking Operating $ 181,825 $ 181,825 $ - 4_55 - Spring Street Parking Operating Fund 700 Salaries and Wages $ 22,065 $ 22,065 $ - 7051 Pension Contributions - IMRF 2,205 2,205 - 7054 Pension Contributions - FICA 330 330 707 Other Employee Costs 530 530 708 Employee Transfer Charges 22,000 22,000 710 Office Supplies 120 120 - 720 General Operating Supplies 1,020 1,020 - 740 Repairs and Maintenance Supplies 1,250 1,250 820 Office Services 500 500 - 825 Postage and Telephone 670 670 - 840 Utilities 16,920 16,920 - 850 Repair and Maintenance Services 7,850 - 870 Miscellaneous Services 300 .7,850 300 - Total 75,760 75,760 - Bonds and Interest 9033 G.O. Principal - 1980 Parking $ 100,000 $ 100,000 $ - 9038 G.O. Interest - 1980 Parking 217,625 217,625 - Total 317,625 317,625 - Interfund Transfers 906 Transfer - Admin. Costs $ 4,000 $ 4,000 $ - Total - Spring St. Parking Operating Fund $ 397,385 $ 397,385 $ - 500 - Cemetery Operatin Fund 700 Salaries and Wages $ 96,255 $ 96,255 $ - 7051 Pension Contributions - IMRF 11,470 11,470 - 7054 Pension Contributions - FICA 460' 460 - 707 Other Employee Costs 9,305 9,305 - 708 Employee Transfer Charges 10,155 10,155 - 710 Office Supplies 365 365 - 720 General Operating Supplies 9,310 9,310 - 740 Repair and Maintenance Supplies 3,200 3,200 - 820 Office Services 1,160 1,160 - 825 Postage and Telephone 905 905 - 830 Transportation, Conferences 675 675 - 840 Utilities 8,855 8,855 - 850 Repair and Maintenance Services 5,010 51010 - 860 Rentals 100 100 - 870 Miscellaneous Services 4,065 4,065 - 882 Automobile Insurance 395 395 - 887 Inland Marine Insurance 85 85 - 888 Property Insurance 265 265 - Total 162,035 162,035 $ - 540 - Golf Operating Fund 700 Salaries and Wages $ 166,165 Estimated $ - 7051 Pension Contributions - IMRF 17,990 Receipts - 7054 Pension Contributions - FICA 1,740 From Sources To Be Code Other Employee Costs Appropriation Other Than Raised By Number Expenditure Classification 1983 Taxation Taxation Special Corporate Purposes: General Operating Supplies 25,710 25,710 500 - Cemetery Operating Fund - cont. 740 Repair and Maintenance Supplies 10,690 10,690 - Interfund Transfers Miscellaneous Supplies 150 150 906 Transfers - Admin. Costs $ 7,700 $ 7,700 $ - - Other Charges Postage and Telephone 3,165 3,165 955 Contingencies $ 27,965 $ 27,965 $ - - Capital Expenditures Training Expense 60 60 960 Capital Replacements $ 14,850 $ 14,850 $ - 970 Capital Additions 2,575 2,575 - 980 Major Repairs 800 800 - 990 New Construction 400 400 - 882 Total 18,625 18,625 $ -- 883 Total - Cemetery Operating $ 2161325 $ 216,325 $ - 540 - Golf Operating Fund 700 Salaries and Wages $ 166,165 $ 166,165 $ - 7051 Pension Contributions - IMRF 17,990 17,990 - 7054 Pension Contributions - FICA 1,740 1,740 - 707 Other Employee Costs 14,400 14,400 - 710 Office Supplies 130 130 - 720 General Operating Supplies 25,710 25,710 - 740 Repair and Maintenance Supplies 10,690 10,690 - 795 Miscellaneous Supplies 150 150 - 820 Office Services 1,665 1,665 - 825 Postage and Telephone 3,165 3,165 830 Transportation, Conferences 950 950 - 835 Training Expense 60 60 - 840 Utilities 19,495 19,495 - 850 Repair and Maintenance Services 5,050 5,050 - 860 Rentals 495 495 - 870 Miscellaneous Services 775 775 - 882 Automobile Insurance 530 530 - 883 Liability Insurance 1,000 1,000 - 887 Ir`<cnd Marine Insurance 285 285 - 888 Property Insurance 485 485 - 890 Boiler Insurance 250 250 - Total 271,180 271,180 $ Interfund Transfers 906 Transfers - Admin. Costs $ 12,300 $ 12,300 $ - 919 Miscellaneous Transfers 47,000 47,000 - Total 59,300 59,300 Other Charges 951 Illinois State Sales Tax $ 4,100 $ 4,100 $ - 955 Contingencies 5,320 5.,320 - 9559 Provision For Debt Service 40,000 40,000 - Total 49,420 49,420 $ - Total - Golf Operating $ 379,900 $ 379,900 $ - Estimated Receipts Code From Sources To Be Appropriation Other Than Raised By Number Expenditure Classification 1983 Taxation Taxation §eecial Corporate Purposes: 543 - Golf Improvement Fund Other Charges 955 Contingencies $ 25,780 $ 25,780 $ - Capital Expenditures 960 Capital Replacements $ 22,840 $ 22,840 $ - 970 Capital Additions 1,955 1,955 - 980 Major Repairs 4,000 4,000 - Total 28,795 28,795 $ Total - Golf Improvement $ 54,575 $ 54,575 $ - 570 - Transportation Operating Fund 700 Salaries and Wages $ 894,015 $ 894,015 $ - 7051 Pension Contributions - IMRF 113,035 113,035 - 7054 Pension Contributions - FICA 790 790 - 707 Other Employee Costs 103,850 103,850 - 710 Office Supplies 2,150 2,150 - 720 General Operating Supplies 4,200 4,200 - 740 Repair and Maintenance Supplies 530 530 - 800 Professional Services 2,150 2,150 - 820 Office Services 19,075 19,075 - 825 Postage and Telephone 4,330 4,330 - 830 Transportation, Conferences 1,280 1,280 - 835 Training Expense 200 200 - 840 Utilities 25,600 25,600 - 850 Repair and Maintenance Services 544,505 544,505 - 860 Rentals 9;460 9,460 - 870 Miscellaneous Services 4,070 4,070 - 882 Automobile Insurance 530 530 - 887 Inland Marine Insurance 10 10 - 888 Property Insurance 525 525 - 889 Boiler Insurance 250 250 - Total 1,730,555 1,730,555 $ Interfund Transfers 906 Transfer - dmin. Costs $ 40;000 $° 40,000 $ Capital Expenditures 960 Capita Ry- eplacements $ 6,460 $ 6,460 $ - Total - Transportation Operating $ 1,777,015 $ 1,777,015 $ - 600 - Police Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 1,625,400 $ 1,418,400 $ 207,000 Total Appropriation $ 1,625,400 Total Revenues From Sources Other Than Taxation $ 1,418,400 Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1983 Taxation Taxation Special Corporate Purposes: 600 - Police Pension Fund - cont. Amount To Be Raised By Taxation $ 207,000 Add: 1% For Loss of Collection 2,091 Total Amount To Be Raised By Taxation For Police Pension Purposes $ 209,091 610 - Fire Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 1,764,600 $ 1,264,600 $ 500,000 Total Appropriation $ 1,764,600 Total Revenues From Sources Other Than Taxation $ 1,264,600 Amount To Be Raised By Taxation $ 500,000 Add: 1% For Loss of Collection 5,050 Total Amount To Be Raised By Taxation For Firemen's Pension Purposes $ 505,050 r - 630 - Risk Management Fund 800 Professional Services $ 53,400 $ 53,400 $ - 850 Repair and Maintenance Services 20,000 20,000 - 880 Public Official Liability 91150 9,150 - 881 Workers Compensation Insurance 43,675 43;675 - 882 Automobile Insurance 10,700 10,700 - 883 Liability Insurance 56,875 56,875 - 884 Umbrella Liability Insurance 24,600 24,600 - 885 Self Insurance Bond 750 750 886 Surety Bonds 75 75 - 887 Inland Marine Insurance 16,400 16,400 - 888 Property Insurance 36,850 36,850 - 889 Crime and Faithful Performance 1,575 1,575 - 890 Boiler Insurance 2,525 2,525 - 891 Workmens Compensation Claims 220,000 220,000 - 892 General Liability Claims 30,000 30,000 - 893 Auto Liability - Bodily Injury 12,500 12,500 - 894 Auto Liability - Property Damage 20,000 20,000 - 896 Auto - Physical Damage 5,000 5,000 - 897 Miscellaneous Insurance Claims 5,000 5,000 - Total 569,075 569,075 $ Other Charges 955 Contingencies $ 28,965 $ 28,965 $ - Total - Risk Management $ 598,040 $ 598,040 $ - Estimated Receipts Code From Sources To Be Number Appropriation Expenditure Classification 1983 Other Than Raised By Special Corporate Purposes: Taxation Taxation �< 700 - Mum cipal Garage Fund - Ann Street 700 Salaries and Wages $ 165,685 $ 165,685 $ - 7051 Pension Contributions - IMRF 21,340 21,340 - 707 Other Employee Costs 17,885 17,885 - 709 Personal Services Recovered (27,670) (27,670) _ 710 Office Supplies 450 450 - 720 General Operating Supplies 12,775 12,775 - 740 Repair and Maintenance Supplies 95,450 95,450 820 Office Services 725 725 - 825 Postage and Telephone 1,070 1,070 - 830 Transportation, Conferences 710 710 835 Training Expense 300 300 - 840 Utilities 2,220 2,220 - 850 Repair and Maintenance Services 73,310 73,310 860 Rentals 400 400 870 Miscellaneous Services 2,480 2,480 - 882 Automobile Insurance 660 660 887 Inland Marine Insurance 85 85 888 Property Insurance 45 45 Total $- E7 q ?0 $ -67 QP0 $ - -- Interfund Transfers 906 Transfer '-Admin. Costs $ 8,850 $ 8,850 $ - 9191 Transfer To General Fund 12,900 12,900 - Total 21,750 21,750 $ Other Charges 955 Contingencies $ 17,960 $ 17,960 $ - Total - Municipal Garage - Ann Street $ 407,630 $ 407,630 $ - 705 - Munici al Gara e Fund - Crystal Street 760 Salaries and Wages 188,830 $ 188,830 $ - 7051 Pension Contributions - IMRF 23,990 23,990 - 707 Other Employee Costs 21,215 21,215 - 708 Employee Transfer Charges 27,670 27,670 - 710 Office Supplies 45 45 720 General Operating Supplies 28,325 28,325 - 740 Repair and Maintenance Supplies 113,600 113,600 - 820 Office Services 140 140 825 Postage and Telephone 1,290 1,290 - 830 Transportation, Conferences 50 50 - 850 Repair and Maintenance Services 110,600 110,600 860 Rentals 100 100 - 870 Miscellaneous Services 4,200 4,200 - 882 Automobile Insurance 990 990 - 887 Inland Marine Insurance 90 90 - Total 521,135 521,135 $ - Interfund Transfers 906 Transfer --Admin. Costs $ 8,850 $ 8,850 $ - 9191 Transfer To General Fund 5,700 5,700 - Total ,55 4, 50 Code Number Expenditure Classificatior �ecial Corporate Purposes: 705 - Municipal Garaoe Fund - Crystal Other Charges 955 Contingencies Total - Municipal Garage - Crystal Street Appropriation 1983 St. - cont. $ 11,575 $ 547,260 Estimated Receipts From Sources Other Than Taxation 11,575 $ 547,260 To Be Raised By Taxation 335 VOLUME XLVIII SECTION 2. 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 12th of September, 1983 Passed: September 12, 1983 Vote: yeas: 6 Nays: 0 Recorded: Published: s/ Richard L. Verbic Richard L. Verbic, Mayor Q.��t..4i to �ij� Attest: s/ Marie Ye an Marie Yearman, City Clerk ORDINANCE PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER il. 1 Z5.3 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO Councilman Andersen: Mr. Mayor, I own property in this area and I will not vote. Councilman Waters made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Present: Councilman Andersen. VOLUME XLVIII 336 Ordinance No. 172 -83 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1983 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 1983, the total sum of $151,515 for the following purposes: Estimated Receipts From Sources To Be x 1983 Other Than Raised By Appropriation Taxation Taxation Debt Services- repayment of loan from City of Elgin for the con- struction of parking facility $264,170 $114,170 $150,000 Total Appropriation $264,170 Total Revenues From Sources Other Than Taxation $114,170 Amount To Be Raised By Taxation $150,000 Add: 1% For Loss of Collection 1,515 Total Amount To Be Raised By Taxation For Special Service Area Number Two Purposes $151,515 Section 3. The tax levied herein is pursuant to the provisions of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to Public Act 78 -901 and to an ordinance establishing City of Elgin Special Service Area Number Two, Section 4. That it is hereby certified to the County Clerk of Kane County, 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 Clerk of the County of Kane on or before the time required by law a certified copy of this ordinance. 337 VOLUME XLVIII 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 Passed: September Vote: Yeas 5 Nays 0 Recorded: Published: Attest: 12, 1983 12, 1983 Present 1 S/ Marie Yea man Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA DENIED Councilwoman Shales: I would like to move that we accept the proposed Motorola contract. Councilman Waters: I will second that. Councilman Andersen: I fail to see where we have explored all the possibilities for a communications center from other suppliers. I would believe that there are others in the field and that Motorola doesn't have the only ball game in town. I would like to see this put out for either bid or some offers from some other companies. Councilman Schmidt: Were there any to get them from other companies. heard about this in the Council was Meeting and at that time we only he wondering if we should perhaps hear could make a similar proposal. other proposals secured or effort I mean, the first that I really at the Committee of the Whole 3rd from one company and I am from some other companies that Leo Nelson: Well Mayor and Council members several meetings ago we approached you with two basic ideas. One was to go back to our consultant or somebody else who was prepared to draft the specifications in preparation for a bid to secure competitive bids, or to continue our discussions and to try to reach an agreement with Motorola. I don't have those minutes in front of me but at that time I think the majority of you, if not all of you, directed us to continue our negotiations with Motorola to see if we could reach an agreement, mainly because Motorola was the only supplier in industry that could give us a total system as opposed to bidding out the project and having another bidder, perhaps bring bids in with types of equipment from different suppliers and try to fit it. The other reason was we VOLUME XLVIII 338 could certainly assure ourselves of delivery of this equipment if Z'., we reached an agreement with Motorola quicker, and there was some urgency, certainly by the Police Department and the Firemen, those especially on the street, who believe that the system that we have is certainly not working to their satisfaction and it isn't, but we can. But I felt that we had settled that issue at least a month ago. You are not obligated to accept this contract but I thought we had settled the issue of do we competitively bid it or do we try to reach an agreement with Motorola and it was at least, I believe most of us thought at that time, Mike or anybody that was involved in that process correct me, I thought we were directed to try to negotiate a final contract with Motorola. Councilman Schmidt: I appreciate your comments Mr. Nelson, but since that month has elapsed I have heard other things, for instance Kane County, they have a communications center that they are very happy with, and there are other towns that have other communications centers that don't have Motorola and I feel that it is our responsibility to at least try to get competitive bids for something like that. Leo Nelson: We will do anything you want us to do. I am just simply suggesting we thought we had settled that matter before, and in terms of Kane County, I know the Mayor raised that issue with us during this past week and Mike Sarro had a conversation with the gentleman who heads up their communications system. In that instance, and I am sure Mike can respond to that, they only bid out their console, not their equipment, not their field equipment. I believe that is Motorola and Mike can talk about that, but we will do whatever you want us to do. As I say, you are not under any obligation, but certainly we thought we were headed in the right direction. If you want to change your mind or your position on that, you certainly can do that and it is not too late to do that, but you will delay by some months now buying any equipment if we do to competitive bids because first of all we are going to have to get somebody who can come in and draft the specifications, then we will have to take the bids and award the bids and we may be faced with a several month delay. Councilman Schmidt: Mr. Mayor, as long as we are having this several month delay; we are having a several month delay in getting a location to put this communications center, so I don't think that is a good reason. Leo Nelson: Mr. Schmidt, we are prepared and the Fire Department is prepared to vocate this space that they have where we believe this communications center will go. We would expect to hear back from Polson Architects in a matter of 90 days as to where the center can go and we won't even have the equipment by that time. Councilman Schmidt: I would say by 90 days we should be able to have some other bids. Leo Nelson: That could be if that is what you want us to do. It is certainly not too late. Mayor Verbic: Mike, would you be kind enough to explain the total system price which you sent us off the memorandum on Friday. 339 VOLUME XLVIII Mike Sarro: Basically, it is just a follow up to our discussions and the options that were presented just two weeks ago by Motorola at the presentation downstairs. At that time, if you recall that memo, we had outlined a basic system and a couple of options. Bernie Schaeffer from Motorola explained those in some detail. Basically, nothing has changed with that. At that time we had given an estimated cost of $761,000. We continued negotiations based on your direction two weeks ago. We modified option 2, we achieved the purchase of two additional radios, two additional portables for the Police Department from the 90 to 92, which is a better number for them. We spent most of our time with respect to the payment terms which we expect to achieve with the payment terms in the contract, probably about $50,000 worth of interest income from the bond issue. Also some contract language with respect to warranties and things of that nature. Other than that, that is all I can say is we brought in the proposal last week at $761,000. 1 was certainly under the impression we were supposed to continue negotiations with Motorola and come to a quick agreement. I thought time was of the essence, certainly I did not hear any discussion that I was supposed to secure an alternate proposal. I missed that if that was there. Councilman Schmidt: Well, why did you just bring one company to us in Motorola and not have another company. Mike Sarro: Again, two months ago we presented a proposal to you. We thought the direction was to pursue that. Councilman Schmidt Did you tell us that there are other companies. Mike Sarro; I think we told you that last meeting. We certainly could bid the system but the other system would probably be a piecemeal system, not a complete system from one manufacturer and I thought that was of some interest or some importance to the Council. It certainly was to the staff. I guess I am a little bewildered here. Mayor Verbic: I think you are correct Mike. When Mr. Schaeffer was here there was no question that the Council members, all of them, agreed to go ahead with continued negotiations. There is no doubt. Mike Sarro; I did have a conversation with Sergeant Schrieber from Kane County - Sheriff's Office a week ago last Friday with respect to their system.. Their system is not like ours at all. We are proposing an 800 megaherts system. Theirs is a more conventional system similar to the one that we have today. Also, the bid at that time was strictly for the in -house equipment, no field equipment and a few antennas. So the system really wasn't the same. They did, in fact bid it. They did, in fact, wind up with a piecemeal system and did encounter some installation problems. It is working now though, however, and that is not to say that if we did the same thing, every- thing could go well. You could encounter again those same problems. Again, we thought that was of some importance. That's the reason that we didn't secure any alternate proposals. I never got the direction that I was supposed to. VOLUME XLVIII 34o Mayor Verbic: Mike, let me ask you a question. If alternate proposals were put out, how many different companies would have to be asked to bid on a project of this type. Mike Sarro: As far as I know, the only other persons or company that has been active in that is GE and they would bring back a piecemeal system. In Kane County they had a firm from California, Com Center Corporation of Van Nuys, California that actually ended up with the bid for the console, so that would be another company that we obviously could investigate. I am not familiar with them at all. The only other one that I would know would be GE, but again both of those - -- Mayor Verbic: You are not aware of any large company that - -- Mike Sarro: I don't know even if this Com Center Corporation can furnish an 800 megahurt. I am just not familiar with them, but there is no question they would bring in a piecemeal system also. If is not to say that it won't work, but I am not so sure that it will work as quickly as nine months from now, which is what we are saying we will have the Motorola system in place. Councilwoman Shales: I just want to say that I two weeks ago was in favor of going ahead with Motorola. I am still in favor tonight because they are a reputable company, they have a good reputation in their field and they do furnish the whole system and not just parts of a system. I think that is very important. Councilman Waters: I concur with the understanding that we have reached and 1 am a little dismayed that it would take this course of conversation this evening. I think we are putting Motorola at an unfair advantage should the majority of the Council at this point, disadvantage, excuse me, should the Council decide to go out on a bid basis, because they have negotiated in good faith and have given us the best price and now if we go out and ask for competitive bids, we are asking for the competitors to bid against a known price. Mike Sarro: If we were to obviously of bidding again price. It would be a new Councilman Waters: But my with you in good faith and best price. do that Motorola would have the option the same price, lower price or higher procurement. point is, Mike, they have negotiated we have to assume that we have their Mike Sarro: We have spent a lot of time on this, but you know, whatever your pleasure is. Chief Van De Voorde; I have a little background in radios. I can remember when the City bought off brands. We got some good buys and we had nothing but problems with the radios. The direction that we have gotten from the Council for the past ten or twelve years in boying radios and replacement is to negotiate with Motorola, and so that has kind of been the stance we have had in all purchases. When we looked into the new communications center, obviously we wanted to buy the fi.nes.t . eaui.D.ment ava.ilnbla_. In my hi.im67a nnin: M,,.+.....1 341 VOLUME XLVIII produces and sells not necessarily the finest radios, individually, but I am also looking at a system. We are not just buying radios, we are buying a whole new system. The system is going to be so effective that formerly areas that we could not get with five watt radios we will be able to get now with two watt radios. This system will be guaranteed by Motorola, the one supplier. There is no question that you can go out to bids and have a package assembled. You may have one type of console and one type of radio and one type of tower radios and you can assemble all of these things, but then you have to be very careful and write very exacting specs. That can be done. It does take time and then another problem is you have to determine if the system isn't working, who is going to make it work. I make no apologies for recommending Motorola. I believe they are the finest equipment in systems manfuactured and I would, I am very comfortable with my recommendation for Motorola. I would be happy to answer any questions on that but Erv, we feel they are the leaders in the field and some of the units, the individual units, we would be getting to the best of my knowledge we can't get all of those components from say, GE. There are a number of radio manufacturers out there that I am unaware of, but if we are going to open up the shop and do it, certainly we can do that. We are going to have a good set of specs and you are going to have to know a lot more than I do. Admittedly, I rely on Motorola as a systems and radio manufacturer that I have confidence and trust in and they have worked very hard and long with us in trying to develop this system and have not received one cent and we really don't owe them anything, but on the other hand, I can't help but be impressed with the help they have given us and this has been for several years. This is not just the past few years. Councilman Andersen: George, did or did not Motorola sell us an obsolete system the last time it was replaced. Chief Van De Voorde: I think any time you buy a. radio system you are buying an obsolete system. As a matter of fact, just in this last negotiation, there has been a change in the console concept, and I am a poor one to explain it, but yes it is kind of like making airplanes, you know, when we built war planes the ones they were building were obsolete. I think we had a very good system. Motorola Made one bad radio, an MX at one time, but they have corrected that. Operationally they had some problem with that, but that is true of all radios. would like to say one other thing, something that we didn't bring to the Council because I thought the decision was made from what I heard when I was gone and before. I do have a letter signed by the steering committee of our union, and a petition signed with the majority of the members in my office recommending that we do get the new communications center and that we buy Motorola. For what it is worth, I think the troops are behind that concept too, but I would be dishonest if I said you can't go out to bids and assembled,i a package. You can, but if that package isn't working right, who makes it work right. VOLUME XLVIII 342 Councilman Andersen: 1 don't want to belabor my earlier point in that Motorola did sell us an obsolete system, but at the same time they also sold all of the on hand parts to that system at that time to another outfit, so our present system was not able to be serviced by Motorola, is that true. It was serviced by Radco. Chief Van De Voorde: Radco, is, we have a contract with them. It has nothing to do with obsolence that I am aware of. Councilman Andersen: I am aware of that. Motorola sold all of their parts to Radco and disassociated themselves with the service of the present system. Is that true. Chief Van De Voorde: I cannot answer that question. I have no knowledge of anything. Somebody else can answer that, I can't. Leo Nelson: Radco has been maintaining our system for years and based upon some years ago on a competitive bid Radco may very well buy their parts from Motorola. I don't know that their arrangements are, but that wouldn't be unusual. I am sure Radco buys GE parts from GE, because they are a service company that maintains all types of equipment, not just-for Motorola. They would for other manufacturers. i am not aware of any problem that the City ever had with Motorola. As long as I have been here it has been Radco that has been maintaining the system. Jim Bolerjack: We had Motorola in the 1950's, but they have not maintained our equipment since then. Councilman Andersen: This is just some of the feedback 1 have had and I didn't want the City to be caught short again with another system that could tend to be obsolete and have the service farmed out to somebody else again, and so I thought the more feet you have in the door, the more competitive and the sharper the pencils become. Leo Nelson: Well, that could be and we certainly believe in competitive bidding when that is the best way to go, but I believe in terms of the system that we have talked about and negotiated with Motorola, if we were to put it out for bids I believe Motorola is the only company that can supply the system, the total system, including the 800 megahurt radios. If we were going something different, if we were staying with VHF, perhaps GE could supply that, but I understand GE and no other manufacturer can supply the 800 megahurts mobile and portable equipment. Now correct me if I am wrong. Or the total system more accurately. wasn't aware of the Chief's petition from the Firefighters. I know there is a similar petition from the Policemen and the Communication Operators that have urged us to replace the system. I don't know that they have gone so far as to suggest that it be Motorola, but I know they are interested not necessarily in the low bid. They are out there every day, they want a reliable radio total system that they can depend upon and i think you brought that point out two weeks ago. 343 VOLUME XLVIII Councilman Andersen: I would certainly agree with that. Leo Nelson: And I think that is the problem. Remember when we talked about this we were talking about Motorola as the only company that can deliver the whole system and they will warranty, and that is important, the system, because if we go with somebody else, GE or Van Nuys, California, they will warranty each piece of equipment, but they will not necessarily warranty that the total system will work, and then you have to sit there and piece it together. 1 don't want to sound like we are trying to push it. Chief Van De Voorde: To the best of my knowledge it is true, but there are a lot of companies out there, out west. I would like to say though, Pete, as far as obsolesence, bust the time that we have been dealing with Motorola now, about four or five of the components that we originally looked at are obsolete and have been upgraded and replaced. That doesn' mean that the units we have bought weren't serviceable, but 1 think they are always improving their product. The other thing, as far as the maintenenace contract, I think we just go to the best competitive people to maintain our radios, quality -wise and price -wise, and I think that is why Radco, to the best of my knowledge, does the work today. Councilman Hansen: I have just a brief comment and then l have a question. My comment is that from my perspective we are elected here to very carefully and to the best of our ability spend our constituer" ' money and when I spend three - quarters of a million dollars I want to be very careful and I think in the past we are. This is a rather unusual thing and I got to the meeting two weeks ago late, after this had been discussed, but 1 can't remember any other expenditure this size that has been done on a negotiated bid, and I am not saying it is wrong to do it, but it is unusual. When we build a new water treatment plant we do it on competitive bids. If we repair the Airlite water treatment plant, it is done on competitive bids and this is about the same abount of money, so I don't think anyone can fault us for being very careful when we spend our constituents',money. The other question that I have that has bothered me during this whole discussion is that when I first got elected to this body, we had just spent $27,000 for a consulting study for a communications system for our Police and Fire Departments and I don't know, for that kind of money I would have liked to have gotten some specific recommendations about what this program should include and I just haven't heard anything about that. I looked for my copy of that over the weekend and I couldn't find it so I am at a disadvantage. What was the result of that study. Didn't they tell us anything. We all knew we needed the equipment. For $27,000 1 would think that we would get a little more information. We could have asked six patrolmen and five fire- fighters and they could have told us that we needed the equipment prior to the study and if that is all we got for $27,000 1 am a little disappointed. I would hope that there would be more specific information in there. For that kind of money, they would have written the specs right on the spot for us. VOLUME XLVIII Leo Nelson: First of all, I don't think About half that, do you recall, $16,000 was to write the specifications, and if contract we probably would suggest that go back to to write the specs. 344 the full $27,000 was spent. and part of that contract you reject the Motorola would be one firm we would Very candidly, if you know the industry at all, they tend to go to the suppliers to develop their own specifications, very frankly, and that is saying it just the way it is. I am not going to kid you about that, but for sure, there is nobody in our departments, at least unless we have gained somebody in the last year or so that I am not aware of, nobody has volunteered their services to come forwarc and try to write the specifications for the system that we need. So it was clear in our minds then and it is now I think that nobody in either the Police or Fire Department is prepared to write the specifications to take competitive bids, and I know Mike is not ready to do that. If you do reject this, we will have to come back to you with somebody who can write those specs, be it Sachs /Freeman, and that was the firm Elmer, to finish that work that they started or somebody else. I don't know if there is anybody else out there or not. I assume there is, but somebody is going to have to do that to get competitive bids. Chief Baird: Mr. Mayor and members of the Council, Chief Van De Voorde did a thorough job of outling the reasons why he believes he should go with Motorola, and I would echo his comments. With respect to you, Councilman Andersen, I heard in the hallway some two weeks ago from one of our people, one of the police types, that when Motorola sold us this system back in about 1968 that it was outmoded. I have been with the department llZ years and that was the first time that I had ever heard a comment of that nature and I am familiar with the type of system that is presently operating in Elgin. A similar system was in operation when I left Wisconsin and they were purchased at about the same time and at the time they were purchased they were considered to be state of the art radio communications. So, in my opinion, there wouldn't really be any foundation or substance to that remark that apparently both you and I heard. As far as Radco's servicing, Radco has done an excellent job of servicing this equipment. The equipment we have, and I am not going to be redundant, is 16 years old and it has long outlived its usefulness. The projected lifespan of readio equipment is eight to ten years. You can go beyond that and we have. Our system is so deteriorated that the Elgin Police Dpeartment is now broadcasting on citizens band radio because we are being jammed and cut out by other frequencies, and the FCC has been unsuccessful in eliminating this. We have written our Congressmen for the last six years in attempting to do it, to eliminate the problem which there really isn °t any control over, because there is a shortage of frequencies and that is what compels us to go to the 800 megahurts and the value of 800 megahurts is that it is a pure frequency. No more frequencies can be allocated, therefore, we will have no problem from neighboring jurisdictions. 345 VOLUME XLVIII We had an officer that was injured in July and it can be partially attributed to the fact that he was unsuccessful in getting through ' on radio communications. This happens on a daily basis and I think that I agree with Councilman Hansen that we are spending $750,000 and if I were in your chair I would want to make a very proper and prudent and rational decision and I can assure you that I can with a clear conscience recommend to you, from my experience, that l highly recommend that we go sole bidder in this instance for the reasons that have been previously outlined to you, and if I were a Councilperson I would in clear conscience be able to vote we go for Motorola. Thank you. Mayor Verbic Is there anyone that has any questions to direct to any of those who spoke, or are there any further questions for clarification. Councilman Waters: Mr. Mayor, I am prepared to vote. Councilman Hansen: Mr. Mayor, I do have a question. What is the time frame for bidding. I never heard that nailed down. Leo Nelson: If we were to go to bid on this. Well, the first problem would be to develop specifications and I don't know how long that would take. Councilman Hansen: Aren't they by and large laid out in this guy's study. Leo Nelson: He had started some specs for bidding, so we are talking two to three months. Councilman Hansen: So we are saying, if I heard all of the statements here from all the people, someone said that it would take g0 days for the architect to tell us where the equipment was going to go anyway. I think that was a question that Mr. Schmidt had and now you say we can get the bids in 90 days. Leo Nelson: It doesn't mean you are going to get the equipment. Councilman Hansen: What is the lead time on this Motorola equipment. Leo Nelson: Under this contract. Mike Sarro: 150 days. Councilman Hansen: So we are talking about a long time anyway. Leo Nelson: But that is if you were to order it. If we were to bid this system out that we are looking at, this 800 megahurts total system, can abybody else that we know of bid it. In other words are we going out for bids with only one bidder that can come in and meet the specifications, Mike Sarro: It is a possibility. In Joliet the only one that did bid was GE and they were, ► believe, If I am not mistaken, about $150,000 higher than Motorola. VOLUME XLVIII Leo Nelson: Was it an 800 megahurts system. Mike Sarro: Yes.. 346 Leo Nelson: All I am suggesting is, and we can do this, there is no problem with going out for bids. I just want to suggest to you that I don't want you to believe that we are necessarily going to get a competitive bid when we open them in three months, that is all. Because they may be the only competitive bidder. I mean to really, truly meet the specifications. Councilman Hansen: I have a basic question. Does every community of our approximate size that has a combined communications system that is used by both the Police and Fire Department, only use Motorola. I find that hard to believe. You know, American isn't that way. There is a little more competition out there than that. Dennis Ahrens: I should leave this up to the chiefs, but part of your question, Councilman Hansen. I was reading an article on the Phoenix Fire Department, just the Fire Department got a new system, computer aided dispatch, radio system, etc. It took them over two years to write specs and let it out for bids.. 1, myself, know feel is quite a bit about a computer aided dispatch system and I could not write the specs for a system, I couldn't do it. There are too many loopholes. If we put it out for bids and got one, two, three other bids in regards to just the CAD system, I would not be able to read the bids to tell you if the system would work right, whereas I know Motorola and have seen the Motorola systems out in the field and they do work. So, if we even got the specs written, I couldn't tell you if the specs were going to be written right or not, that is the problem. Mayor Verbi,c: Well, from what I have read as far as the Council and the discussions we have had here tonight, we are spending $750,000 for this total system and naturally when you are spending this kind of money people are always thinking in terms of the possibility of savings with competitive bidding. Administrative staff speaks very highly of Motorola and its capabilities and there is one thing, which I look at too and that is the fact that I just can't imagine with 700 cities over 50,000 in population in our country that this would not be a viable field for anyone to get into. When I read over the data which was presented to us initially I realized it is very difficult for someone not trained in electronics to even understand. I am thinking in terms of the fact, and maybe I am wrong, but I would like to get the best buck for the taxpayer. know it is going to be detaining us a little but it may be worthwhile to at least explore that possibility and satisfy the doubt which may exist as far as cost. Councilman Waters: If we are going to get the best buck for the dollar, we should have directed the staff two months ago to do that and not let them get this far down the line in negotiations with Motorola and now pull the rug out from under them and tell them we want to go to bids. 347 VOLUME XLVIII Mayor Verbic: Does anyone else have anything to say. If not, will have the Clerk call the roll. Yeas; Councilmen Shales and Waters. Nays: Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Mayor Verbic: What we are directing is competitive bidding on the communications Center. RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT Aposto is Christian C 'urc Burnidge) TABLED s Mayor Verbic: We are looking to table this matter since all of the data is not available. Councilman Hansen made a motion, seconded by Councilman Schmidt, to table the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters, Mayor Verbic. Nays: None. f` RESOLUTION ADOPTED ACCEPTING THE " PROPOSAL OF POLSON ARCHITECTS Councilman Schmidt: Inasmuch as the other resolution was defeated don't you think it would be wise for us to wait for this since we don't know what the specs are or how much room it will take when they come in with their bid. Leo Nelson: I wouldn't recommend it because we still need to know where in this building we can and should put, not only the communi- cations system, but also the reordering and restructuring of the building for the other police activities and operations. Councilman Hansen: I do recall that the communications study did have some information in that about the space required for the equipment and the operators. Councilman Hansen made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, VOLUME XLVIII 348 RESOLUTION ACCEPTING THE PROPOSAL OF POLSON ARCHITECTS 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 Polson Architects for a needs assessment and reuse of space of Fire Station #1 for the Police Department, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: Lxaj� kan s/ Marie Yea Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF A FINANCIAL ASSISTANCE GRANT AGREEMENT WITH THE REGiONAL TRANSPORTATION AUTHORITY Councilman Hansen made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 349 VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF A FINANCIAL ASSISTANCE GRANT AGREEMENT E 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 AIC11ard L. verbic, mayor Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: S/ Marie Yrman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN ENCUMBRANCE AGAINST CERTAIN PROPERTY LOCATED AT 101 SOUTH GROVE AVENUE Councilman Andersen made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 350 RESOLUTION AUTHORIZING AN ENCUMBRANCE AGAINST CERTAIN PROPERTY LOCATED AT 101 SOUTH GROVE AVENUE WHEREAS, the Greater Elgin Senior Center, Inc., an Illinois not-for- profit corporation, has heretofore acquired certain property located at 101 South Grove Avenue, Elgin, Illinois, and legally described as follows: That part of Lots 8 and 19 in Block 13 of the Original Town of Elgin on the East side of the Fox River, described as follows: Beginning at the point of intersection of the East line of Spring Street with the South line of Fulton Street; thence East along the South line of Fulton Street (being the North line of said Lots 19 and 8), 97.6 feet to a point 36 feet West of the Northeast corner of said Lot 8; thence South parallel with the East line of said Lot 8, 44.86 feet; thence West parallel with the South line of said Fulton Street to the Easterly line of Grove Avenue; thence Northerly along said Easterly line to the East line of said Spring, Street; thence North along said East line of Spring Street, 44 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. and WHEREAS, the acquisition of said property was made with funds trans- ferred by the City of Elgin, a municipal corporation, from federal funds received through the Housing and Community Development Block Grant; and WHEREAS, the transfer of funds was conditioned upon the Greater Elgin Senior Center, Inc., an Illinois not-for-profit corporation, coveting not to mortgage, refinance or allow any lien or encumbrance or, the premises at said location without the express written approval of the City of Elgin, a municipal corporation; and WHEREAS, the Greater Elgin Senior Center, Inc., an Illinois not -for- profit corporation, has requested the consent of the City of Elgin to a mortgage lien to secure a loan of $30,000 by the First National Bank of Elgin to make certain improvements; and WHEREAS, the improvements to be financed are necessary and desirable for use of the premises as a senior citizens center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorized and consents to the recordation of a lien to secure a loan in the sum of $30,000 from the First National Bank of Elgin to the Greater Elgin Senior Center, Inc., an Illinois not -for- profit corporation, against the property commonly known as 101 South Grove Avenue, Elgin, Illinois. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to deliver a certified copy of this resolution to the Greater Elgin Senior Center, Inc., an Illinois not- for - profit corporation. s/ Richard I Verbic Richard h. Verbic, Mayor 351 VOLUME XLVIII Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: Marie e Yeelrman Marie Yea an, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Hansen made a motion, seconded by Councilwoman Shales, to approve the following payments 1. Richter Awning Co. $5,226.00 Purchase and installation of awnings for ECC Fountain Square Campus. 2. Curran Contracting Co. $3,685.55 Seal coating gravel road River- side Water Treatment Plant. 3. Jimmy Diesel, Inc, $3,929.00 Engine repairs to Bus 8404. 4. American Public Transit Association. $1,933.00 Membership dues for 1983 5. NHS and Wilhelm Kuestner NHS' Revolving Loan Fund Program. 302 & 304 -310 Fulton $5,000.00 6. NHS and Patricia Ryan 111 N. Porter $2,305.00 NHS Revolving Loan Fund Program. Councilman Andersen: I would recommend that the payment to the Richter Awning Company be gabled indefinitely. A cover letter from the Architect admits this item was installed at less than specifications and I would suggest that payment be withheld until we obtain specific performance from the vendor. Charles Cassell: The only additional information I have that was not sent in the letter to Mr. Nelson, we did do a construction analysis of the structural load carrying capacity of the awnings built with the 3/4" pipe and determined that according to our analysis with a push depth of snow the awnings would be able to support such a load. Leo Nelson: Could you be specific about the specification sheet that your firm prepared. Did it specify inside or outside diameter pipe, or did it just say l" pipe. Charles Cassell: It just said 1" pipe. VOLUME XLVIII 352 Councilman Schmidt: How is pipe usually measured. X Charles Cassell: For plumbing purposes it is measured on an inside diameter. For awning purposes I really can't answer that question. I don't have any standardized literature which would indicate this one way or the other. Councilman Andersen: I personally have no quarrel with 3/4" pipe, if it does in fact do the job, if this man was proud of his work at the beginning why did he have to be asked for a one year guarantee. He did not include that and perhaps it wasn't asked for but he could have put it up with bamboo poles as far as I am concerned and it should have lasted a year. I don't think a year guarantee is sufficient for allowing him to deviate from the specifications. Mayor Verbic: I think we have an obligation here and perhaps the legal counsel would address this situation with regard to our payment to this contractor. Counsel Jentsch: I don't have the contract in front of me, but the architect is usually the owner's representative for determining whether a contractor has substantially complied. If I understand his letter correctly technically you could deduct $158.16 from the contractor's consideration of the pipe and he could demand something like $975.00 for materials supplied but not specifically specified. Councilman Waters: This was a part of the Phase I project and he encumbered the material for this project and then we delayed it and put it into Phase II because the decision was made to change the windows on the second floor and the - thought was we shouldn't put "those awnings up until that Phase Il project was completed. So this man has been waiting over a year for payment for something in good faith he thought was to be completed last fall. Charles Cassell: He was paid for the materials last winter. The labor for the installation was deferred for the reasons that you mentioned as well as the streetscape work. Leo Nelson: Originally it was part of Phase I. We did not take specific bids on an awning, it was bid to the general contractor and we didn't really know what the bid was until it was deleted from Phase I and moved to what we thought was going to be Phase II, but then we didn't put it in Phase il, we then directly contracted with him to complete the work because we thought there was no sense in putting it in Phase II and have to incur the overhead and profit that the Phase II contractor would add to that. Councilman Hansen: i would like to amend my motion to approve payment of items 2,3,4,5 & 6 and to table item l until we can find out specifically whether this vendor met the performance of the purchase order. 353 VOLUME XLVIII Councilman Andersen: I will second that Mr. Mayor Mayor Verbic: There is an amendment to the original motion, which ;F we will vote on first. Councilman Waters; Lets assume that we find that the gentlemen did not meet the specifications. I would like to hear from the Councilmen who have supported this what their intent would be with what this vendor has provided that exceeded the specifications. Councilman Andersen: As of Groh Awnings, he said be end panels on these a, included the end panels. certainly he proposed to would stay up. it has been indicated to me by Mr. Hunt that the drawings indicated there would Nnings as well and in his figure he had He included a 5 year guarantee and install all of the awnings so that they What do I propose to do about it, I don't propose to do anything. I raised this question because we could be opening up a can of worms for everybody who wanted to build something for the City of Elgin at less than specifications. If you let this person get away with it, the next one thinks he is going to get away with it. Now either he got away with building something to less than, specifications or the architect was derelict in his duty in not writing specifications clear enough -so they could be understood. What do I propose to do about it, I did what I propose to do and thats table the man's payment until somebody settles it. We asked for 1" pipe, we should be paying for 1" pipe and not 3/4's. Councilman Waters:; I think we retained an architect to provide supervision for this project and in other phases of the project we have considered his judgment in making changes as the construction proceeded and I have confidence in his assessment that the City got it's moneys worth in this one. Mayor Verbic: If there is no further discussion I would call for a vote on the amendment. Yeas: Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays: Councilmen Shales and Waters. Mayor Verbic: Now we will vote on the original authorization for payment. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED ACCEPTING PROPOSAL OF A.S. HANSEN INC. FOR AN ACTUARIAL VALUATION OF THE FIREMEN S PENSION FUND Councilwoman Shales made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 354 RESOLUTION ACCEPTING THE PROPOSAL OF A.S. HANSEN, INC. FOR AN ACTUARIAL VALUATION OF THE FIREMEN'S PENSI"ON FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to accept the proposal of A.S. Hansen, Inc. for an actuarial valuation of the Firemen's Pension, Fund, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yuman Marie Yearman, City Clerk— RESOLUTION ADOPTED APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD Councilman Waters made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 355 VOLUME XLVIII RESOLUTION APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dr. Barry M. Burren be and is hereby appointed as a member of the Parks and Recreation Board for a term to expire May 1, 1986. BE IT FURTHER RESOLVED that Wilbur Daniel be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1986. BE IT FURTHER RESOLVED that David Martin be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1986. s/ Richard L.'Verbic Richard L. verbic, Mayor Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Y rman Marie Yearman, City Cler ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilman Hansen made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. G38 -83 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 -. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of stop inter- sections under Section 11.28.020 the following: All vehicles being operated on Blackhawk Drive must stop at Ford Avenue before crossing or entering the same. All vehicles being operated on Blackhawk Drive must stop at Stewart Avenue before crossing or entering the same. All vehicles being operated on Ford Avenue must stop at Blackhawk Drive before crossing or entering the same. All vehicles being operated on Stewart Avenue must stop at Blackhawk Drive before crossing or entering the same. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, yo Mr Presented: September 12 1983 Passed: September f2, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: S/ Marie Ye man Marie Yearman, City Clerk 356 357 VOLUME XLVIII CE PASSED AMENDING THE ELGIN Councilman Andersen: This I take it is by Home Federal. 1 have had several policemen ask me what we were thinking of in approving parking over there. Many of our bus drivers can't get through that area,when there is a compact car parked along the curbing there is exactly 85" to the centerline of the street. A city bus, a UPS truck, any vehicle of any size can't get through there. It limits the traffic in that area,- if you were to allow parking there. If they want to restore the curb line back to where it was, or should be, I would give them parking, but not under the present circumstances. Mayor Verbic: Do they have the same problem on Chicago Street. Councilman Andersen: No, because Chicago Street only in a couple of spots has been narrowed down with that four foot extension of the curb line, but where the curbs are still substantially in their former place, there is no problem. Councilman Hansen: Do they allow parking on Chicago Street on those curb protrusions. Councilman Andersen, No, they don't. Mayor Verbic: Actually the centerline can be moved over to facilitate this parking on the south side. I think this is a convenience and very important to the business downtown and if the centerline was moved over it would help the buses and trucks. think this is just one of the things_ to help ease the burden of a business and we should try to help them out anyway we can. Councilman Andersen: I have no quarrel with that at all except the problem has been addressed to me by members of the Police Department and also bus drivers. Councilman Hansen: It seems that we have come around full circle now to where street traffic and parking is highly advantageous to a business to survive. Is this going to be restricted during the rush hour. Leo Nelson: Not unless you amend this ordinance„ it will be 15 minute parking. Councilman Hansen: I have a problem with this in a rush hour situation where we will have two very narrow lanes or one comfortable lane. I just wish that we had never narrowed the street down there.;' Councilwoman Shales made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilmen Andersen and Hansen. VOLUME XLVI'I:I Ordinance No. G39 -83 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF FIFTEEN- MINUTE PARKING ZONES 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 fifteen- minute parking zones under Section 11.36.081 the following: Highland Avenue, south side thereof, from 20 feet west of the west right of way line of Spring Street westerly to 120 feet west of the west right of way line of Spring Street. Section Z. 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 12, 1983 Passed: September 12, 1983 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: s� . r=9t R s/ Marie Ye man Marie Yearman, City Clerk s/ Richard L. Verbic RicNa-rd L. Verbic, Mayor ADOPTED APPROVING CHANGE 358 Councilman Andersen made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. Present: Councilman Waters. F 359 VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH AUT(14ATTC FIRE SYSTEMS, INC. FOR A SPRINKLER SYSTEM FOR " ECC- FOUNTAIN SQUARE CAMPUS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Automatic Fire Systems, Inc. for a sprinkler system for the 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/ RichaEd__L. Verbic Richard L. Ver ic, Mayor Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 6 NaysO Present 1 Recorded: Attest: s/ Marie Y rman Marie Yearman, city Clerk RESOLUTION ADOPTED APPROVING CHANGE OR Councilman Andersen made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. Present: Councilman Waters. VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 6 IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY, INC. FOR PHASE II OF ECC- FOUNTAIN SQUARE CAMPUS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Irving Construction Company, Inc. for Phase II 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 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/ Richard L. Verbic Richara L. Verbic, Mayor Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 6 Nays 0 Present 1 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk 360 Councilman Hansen made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. Present: Councilwoman Shales. 361 VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH SEAGREN /SRUES,INC. FOR WEST SIDE PLANT IMPROVEMENTS WHEREAS, the City of Elgin has heretofore entered into a contract with Seagren/Shales,Inc. for west side plant improvements; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 1, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. 'er ic, Mayor Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 6 Nays 0 Present I Recorded: Attest: s/ Marie arman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING THE EXECUTION Councilwoman Shales made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. R VOLUME XLVIII RESOLUTION AUTHORIZING THE EXECUTION OF A CENTRAL BUSINESS DISTRICT ECONOMIC DEVELOPMENT DEMONSTRATION PROTECT WHEREAS, the City of Elgin has determined that it is appropriate to encourage the revitalization of the Central Business District; and WHEREAS, the City of Elgin has provided an allocation of Housing and Community Development Block Grant funds for Central Business District revitalization purposes; and WHEREAS, the execution of a Central Business District economic development demonstration project will further the formulation of an economic development program assisting such revitalization; and WHEREAS, the City of Elgin is a home rule unit within the meaning' of the Constitution of the State of Illinois and is authorized to exercise any power and perform any function relative to its government affairs; and WHEREAS, it is within the government affairs of the City of Elgin and in the interest of the public health, safety and welfare to promote the revitalization of the Elgin Central Business District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager is hereby authorized and directed to execute and file such instruments and documents as may be required to implement a Central Business District Economic Development Demonstration Project. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: September 12, 1983 Adopted: September 12, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: S/ Marie Y6arman rye icarman, City Clerk 362 363 VOLUME ILVI I I APPROVAL OF SCAVENGER LICENSE TO BE ISSUED TO MIEDEMA SCAVENGER SERVICE Councilman Hansen made a motion, seconded by Councilman Andersen, to approve a scavenger license for Miedema Scagenger Service. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report for August, 1983 Building Permit Report for August, 1983 Public Works Report for July, 1983 Councilman Gilliam made a motion, seconded by Councilman Hansen, to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Shales made a motion, seconded by Councilman Andersen, to adjourn the Council Meeting and reconvene the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansenn,, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 10 :05 p.m. Marie Yearman, City clerk VOLUME XLVIII September 19, 1983 364 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 19, 1983, at 7:05 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. ROLL CALL Roll call was answered by Councilmen Gilliam, Shales, Waters and Mayor Verbic. Absent Councilmen Andersen, Hansen and Schmidt. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, Acting City Clerk Nancy Roll and members of staff. CONSIDERATION OF NEW COMMUNICATIONS CENTER FOR THE POLICE AND FIRE DEPARTMENTS Councilman Gilliam: I would like to make a statement that I did request this meeting regarding the communications center. I would like to apologize first to the people here in the audience who took the time to come down for such an important matter and to have three councilmen who voted against the communications canter not show up: is a. disgrace and I am embar- rassed by it. I have always felt that as councilmen we would always stand up and be counted and take a stand whether it was right or wrong or who was for or against and apparently the three gentlemen felt it was not important enough nor were the people here concerned enough for them to come and at least stand ,up and tell the individuals here why they voted against the communications center. That irritates me, I'm embarrassed, I'm upset by it and I'm ashamed of it that three gentlemen who are elected by the public would not take the time or have the respect for the citizens of Elgin not to come to the meeting. I can't think of anything more of a disgrace to this council in the ten years that I have served and I hope that that will never happen again. Realizing that we can't make a motion because three gentlemen thought that it was not important to be here, the reason I called the meeting is I feel that by postponing the communications center you will add a 90 -day delay to the center, in addition to the 90 days,it takes 234 days for the implementa- tion by Motorola, so we are looking at a year. This is the second time this has been postponed. Last year three gentlemen voted against this communica- tions center, they were Councilman Hansen, Councilman Schmidt and Mayor Verbic; They delayed it last year with a three /three tie. I believe it was on the 15th of March, 1982. It was delayed last year for one more year and looks like again the same three people with the addition of Mr. Andersen will delay this again. I wish that there was someone here who could defend and say why these gentlemen want to delay it. My other concern is the current system is not able to function, it is not able to perform satisfactorily and I hope some of the gentlemen in the audience would be able to address that and tell you, Mr. Mayor, since you did have the respect to come here, and explain why they feel that the system should be implemented as soon as possible. 365 VOLUME nvlii A third concern is there has been a recommendation by the staff, fire, police, after long negotiations and discussion, they support the Motorola Communica- tions Center because they feel it is the best and I think that is evident by the number of people in the audience. Another concern, if you put it out to bid and we bid it in sections, I think if you read the article that was in the Courier News in reference to the Sheriff's Office, I believe Sheriff Kramer made the comment that no one would guarantee the entire system as a whole, they would only guarantee their part. I think also that Sheriff Kramer made it clear in the article that he's sorry that he went to the bidding process, it's like taking low bid on something that is very serious. If someone was going to have brain surgery, you wouldn't go for low bid, you would want the best that there is available. I think we're asking now that we get the best and Motorola is the best company. They are the only company that is capable of bidding the entire system. They are the Cadillac of the industry. They are the only company that is capable of guaranteeing the whole system in its entirety and guarantee that it will work. My last statement, and I'll say this since there is no one here, the other three gentlemen are not here to defend themselves, there has been insinua- tions by certain councilmen who are not present today who have challenged the credibility, the integrity of the staff, they have done it on a con- sistent basis and I challenge them to come out of the closet, to pull the sheets off and stand up and be counted and make the accusations. I have heard accusations against the Chief of Police, the Fire Chief and the city staff and I think it is time these individuals quit running around playing hide - and -seek and stand up and be counted and I hope they will do that at the next council meeting. To challenge the credibility of the staff, fire, police and the men in this audience is a disgrace and I hope that these individuals will make their accusations and stand up and be counted. I was going to say in my last closing statement before the gentlemen didn't- show up; that I was going to appeal to their sense of justice and community, but I feel they have shown that they have a lack of concern and a lack of interest in the community by their absence. Councilman Shales: I have made a brief outline of the events leading to the present situation. On August 13, 1980 a contract was given to Sachs /Freeman Associates to be implemented in phases. Sachs /Freeman Associates would design the system based on local needs, prepare specifications for bidding, and oversee installation of the system by the successful bidder. The first phase of the Sachs /Freeman report submitted to the City Council in April of 1981 included system alternatives and was not specific to Elgin. On September 11, 1981 a memorandum was received from Sachs /Freeman Associates making the recommendations clear, however not specific enough. In December of 1981 Sachs /Freeman Associates Communications Summary Report was received by the staff. Again, not specific to Elgin's particular needs. In January, 1982 separate Sachs/Freeman Associates reports were received pertaining to 1) the cost comparisons relative to microwave and leased line; 2) space requirements and 3) use of cable TV lines as opposed to microwave and leased lines. VOLUME XLVIII 366 In April of 1982 Sachs /Freeman Associates submitted a draft specification manual. This draft 1) contained pages taken from specification manuals for other cities; 2) contained at least 19 empty pages; 3) was for a complete computor aided dispatch system estimated to cost one million dollars; 4) did not reflect the fire department's desires to use a UHF system; and 5) was not complete enough to submit to the council. In July of 1982 Police and Fire Executive Summaries regarding the communica- tion system were drawn up and costs were estimated from them. In December of 1982 a proposed budget item of $1,090,000 had been submitted by the staff to the budget. This request was rejected by the council for the 1983 budget. In the spring of 1983 police and fire personnel began taking directly to Motorola in an effort to design a good system at less cost. On July 11, 1983 the council was given a status report. The council directed the staff to invite Motorola to the August 8, 1983 council meeting for a review of the proposed system. On August 8, 1983 the council was given another status report and was informed that the date of the meeting with Motorola had been changed to August 29, 1983 and that the staff was seeking a negotiated cost. On August 29, 1983 the council heard Motorola's proposal, accepted the system as outlined and authorized the staff to continue negotiations in order to bring in a firm contract in September. On September 19, 1983 Motorola submitted their total system price of $756,230 which was rejected in favor of competitive bidding. In light of the history leading up to the September 12, 1983 vote, those of us who were acting and negotiating in good faith were stunned by the sudden reversal of position by the council majority. We were appalled that Motorola was allowed to make their price public before the staff was directed to prepare for competitive bidding. I believe that our original reasons for going ahead with a negotiated contract with Motorola are still valid. I. Motorola is the only company who can produce, design and install the complete system and guarantee that it will all work. In order for the com- petitive bid system to work there has to be two or more bidders who can produce the same results. There is no competition comparable to Motorola because a) Motorola is the recognized leader in the field of Police and Fire Communication systems; b) no other company makes all the components of the agreed upon system; c) no other company will guarantee more than its own portion of the system and none will be responsible for seeing that all components of the system work together; d) if Sachs /Freeman designs and oversees the installation of the system they will not guarantee that the finished product will work together and on pages 1 -8 and 1 -9 of their draft proposal that is made very clear; and e) Motorola can be held absolutely responsible for the performance of the finished product. 367 VOLUME XLVIII 2. In the interest of public safety we must proceed as quickly as possible. The present police and fire communication system is outdated, a situation which makes it merely inconvenient. However, it is also dangerous, a situation caused by the fact that the frequencies used are often jammed with other users making local communication impossible at times. The need for a new communications system has been recognized for at least the last three years. I do not want to continue to take responsibility for a dangerous system any longer than absolutely necessary. Putting the system out for bids at this late date would serve to greatly delay the whole project because a complete set of specifications for the system accepted by the police and fire departments would have to be drawn up and the bid process itself would add months of further delay after the specifications were completed. 3. The negotiated prices from Motorola are fair. They compare favorably with Joliets winning bid from Motorola in all similar areas and Mike Sarro had drawn up a cost comparison matrix on September 12, 1983 that showed this favorable comparison. The Motorola negotiated prices are considerably less than the original prices given to the staff when talks began, such as $2,862 for a mobile radio as compared to the negotiated price of $1,638 per radio. Hiring Sachs /Freeman to draw up specifications and oversee the installation will add $10,000 to the cost that is not necessary if Motorola is the winning bidder. In the interest of the public health and safety and my own personal responsi- bility, I want the best system possible for the least amount of money. I believe we can accomplish that goal with Motorola without the additional time delay of bidding, without the additional cost of drawing up specifica- tions, and without the risk of ending up with a system for which no one will ultimately be responsible. Councilman Waters: I, too, share with my fellow council members an embar- rassment this evening and apologize for those who are present who came to participate in discussion. The action taken by the City Council last Monday came as a complete surprise to most people, including Councilwoman Shales, Councilman Gilliam and myself. It came as a surprise because the council had given clear and unanimous direction to the staff to proceed with their nego- tiations with Motorola and never was there any indication that any individual council member might not be in complete agreement with that directive. Suddenly four council members reverse themselves. The limited discussion preceding the action last Monday, coupled with the surprise of the action, would leave one to speculate that not all of the discussion had been conducted in the open or shared with all council members. The fact that the reasons given for the action were either refuted or were not in my opinion weighty enough to warrant the action taken, would also lead one to conclude that there must have been other reasons. Some of the reasons for the action which were not discussed last Monday but have been expressed by individual council members since that time have also been either refuted or are not worthy, again in my opinion, of credible consideration. Therefore, I too, asked that the matter be reconsidered and that those council members who supported the council action be provided the opportunity to share with and illuminate for the rest of us the reasons for their support. Perhaps we, too, can be persuaded by the logic of their reasoning. Their lack of attendance this evening does not diminish that request and it would be my hope that when the whole council can convene that there can be a reconsideration of the issue at the earliest possible time. VOLUME XLVIII 368 Councilman Gilliam: Mr. Mayor, since you are the only one from the four who made a vote against, I would like to know why you made your vote of no. A year ago you supported the three to block it, a couple of weeks ago you made a vote to support it, then you turned around and made a vote to block it. Could you explain to me your logic, and like Councilman Waters, if there is a logic maybe you can convince me to change my mind. Mayor Verbic: I think it's fairly simple to recognize the fact that the first time it was blocked it was done on the basis of the budget, at that particular time with the thought in mind that this was being given the highest priority. When this did become a feasible situation, this was authorized by unanimous vote of the council feeling that it would be the best time to go ahead with the communications center. The meeting of approximately three weeks ago left me with a feeling of I really would like to have competitive bidding on some- thing of this nature. Anytime you're spending three /quarters of a million dollars and if there is an opportunity to save the people of the City of Elgin money, that fact is one of the things that remained uppermost in my mind, feeling that at least I would be more satisfied with competitive bidding and if Motorola was the winner on this at least I would feel more satisfied there was at least more than one company bidding for a project almost running into three /quarters of a million dollars, which it is. That, in my estimation, is the reasoning behind my thoughts as far as the communications center. I feel that the people of Elgin deserve every opportunity as far as bidding, I think the timing sequence here is not that much as far as time is concerned. I don't feel that with competitive bidding it is going to put us that far behind as far as a new communications center. I do know that I voted for the archi- tectural services and so forth which I feel is very important when the fire department vacates their present site and I think that from talking with a few people myself, I know the City of Phoenix, the City of Los Angeles, went out on competitive bidding and I know Cook County did, and Motorola did not happen to be the winner in these particular biddings. I do know from talking with various people at Los Angeles, Cook County and also Phoenix they are very satisfied with the bid they had from Comm - Center of Van Nuys, California. I think that this process is one that I feel will be for the best interest of the taxpayers and this is the way I have looked at it in my own mind, not denying the policemen or firemen a new communications center which I have agreed with is very much needed, but one which I feel competitive bidding is in order with the thought in mind of the possibility of money to be saved to the taxpayers. Councilman Gilliam: I think we read in an article in the paper by Sheriff Kramer that he had low bid_and that he had four components. No one would assure the product, they only would assure their part of it. I hope that we don't get to low bid to save a few thousand dollars and end up getting 'a piece of machinery that won't function, but we can go back to the citizens and say, guess what, I saved you X amount of dollars, now the piece of equipment isn't worth a damn, but I saved you a lot of money and end up being sorry that we did that. I think what's going to happen is we're going to get low bid, because there is four votes out there to go for low bid, we're going to take what I consider second best and we're going to save a few thousand dollars and have a piece of equipment that we're going to be sorry that we ever purchased, just like the county. I see the county headed in that direction and they're sorry. I hope that we can gain some experience, but apparently we're not going to, and anytime that you get four parts and put it together and no one is going to guarantee that it will work as a whole, I think we're crazy. We have a company, Motorola, that is the Cadillac of the 369 VOLUME XLVIII industry, we've said and indicated in Councilman Shales' article there that their bid is competitive and when you talk about it's not going to be a { short period of time„ if you talk to staff, they have indicated that it's going to be an additional 90 days and if Motorola had the parts and they have the component, it would take 234 days to implement the equipment and have it running properly. Two- hundred thirty -four days, now you add 90 days on top of that and you've stalled the process another year. For another year we're going to be with antiquated, outdated, outmoded, unsafe, and unreliable equipment and each time an officer or a fireman will go out there he'll wonder if it's going to work and what I'm afraid of is who's going to be responsible if something goes wrong with that equipment because we delayed as a council and didn't take on the responsibility. If one of these gentlemen is hurt or some citizen is hurt because the equipment didn't work, who is it going to fall on, the three who didn't come to the meeting? Are they going to run and hide then? That's my concern and I see that happening. You can't tell me, and I've talked to staff here and I'm sure they'll get up there and say 90 days. You've got police officers and firemen who will get up there and tell you how scary it has been to work with that unreliable equipment and we're going to mess around for another year before we have something. We delayed it last year and no one said competitive bidding then, we knew about it this year, we voted and changed. What are we going to end up with if someone gets seriously hurt and it's going to be the council's responsibility. Mayor Verbic: I happened to see Sheriff Kramer last night and he'll tell You if you talk to him that he's got probably one of the finest operating communications centers that money can buy and one of the reasons why he made the statement is because they never did call Sachs /Freeman in and double check what had been done. I will tell you another thing, Councilman Gilliam, and that is the fact, and this is one of the things that motivated me to competitive bidding, that there are 700 cities in the United States over 50,000 and of these cities not all of them have Motorola. A lot of them, like I gave you examples, have other companies. The truth of the matter is that most of these bids are anywhere from 20 to 40 percent below the level of what you'll get from one bidder. I'm willing to save $200,000 for the City of Elgin and I'm willing to wait three months for bids because I think this is the way to go, and that's my story. Councilman Shales: Mr. Mayor, I just want to say again that I am appalled though that this was not said before and that Motorola was allowed to go ahead and in good faith bring in their price and then we go to competitive bidding. If we had been talking about competitive bidding all along I think that's fine, but we weren't. It came as a complete surprise after Motorola was allowed to bring in their price. I really think that was unfair to all of us who thought we were negotiating in good faith. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Shales, to adjourn the Council Meeting. Yeas: Councilmen Gilliam, Shales, Waters and Mayor Verbic. Nays: None. The Council meeting was adjourned at 7:30 p.m. 1�j Nancy Roll, Acting City Cler VOLUME XLVIII September 26, 1983 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING 370 A regular meeting of the Council of the City of Elgin, Illinois, was held on September 26, 1983, at 8;25 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Sam Flora, Highland Avenue Church of the Brethren and the Pledge of Allegiance was led by Glen Moberg of Centel Television. ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Councilman Gilliam arrived at 9:05 p.m. Absent: None. BID AWARDED FOR COMPACT ADMINISTRATIVE SEDAN FOR WATER DEPARTMENT Councilman Waters made a motion, seconded by Councilman Schmidt, to award the bid for one administrative sedan to the low bidder, Cotton -Kean Ford, for a total net bid price of $5,972.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None.. BID AWARDED FOR SOUTHEAST AREA STREET RESURFACING Councilman Hansen made a motion, seconded by Councilwoman Shales, to award the bid for the southeast area street resurfacing to the low bidder, Milburn Brothers, for a total net bid price of $132,233.40. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING TO CONSIDER ANNEXATION AND "0" LIMITED OFFICE DISTRICT ZONING, PROPERTY LOCATED AT 472 NORTH MCLEAN Roger Dahlstrom: The petitioner desires to construct an office building on the subject property. The property is approximately 1.4 acres and is improved presently with a single family residence, and features numerous mature trees and shrubs. At it's regular meeting of August 15, 1983, The Land Use Committee recommended the approval of Petition 28 -83, subject to the additional conditions, by a vote of 4 yes and 0 no. The petitioner is represented tonight by Attorney Roger Franzen and architect Bruce Dahlquist. 371 VOLUME XLVIII Roger Franzen: The property, we feel, is a natural addition to the City of Elgin, lying on McLean Boulevard and the 110" Limited f Office is the most logical use of that property, and is consistent with the Comprehensive Plan. We have been working with staff and have submitted a proposed Annexation Agreement and I believe that was included in your agenda material, Mr. Bruce Dahlquist is here and he has some drawings showing how they intend to improve the property and at this time I will let him speak to his proposed plans and thereafter we will be very happy to address any questions you may have.. Bruce Dahlquist: Our intention is to develop an office condominium building, about 13,000 square feet. Basically the intent is to have a structure that responds to the existing landscaping, rather than just having a flat site and then building the landscaping around it. (Mr. Dahlquist displayed exhibits of the proposed building to the Council). Councilman Schmidt: The home that is presently located on the property, is that going to be demolished, or will that become an office building also. Bruce Dahlquist: No. The intent is to move that home to an adjacent lot and to use it as a home. Mayor Verbic: Is there anyone here who would like to speak for or against this petition. If not, I would entertain a motion to close the public hearing. Councilman Andersen made a motion, seconded by Councilman Hansen, to close the public hearing. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Councilwoman Shales made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Shales, Waters and'Mayor Verbic. Nays: Councilmen Hansen and Schmidt. Present: Councilman Andersen. VOLUME XLVIII Ordinance No. G40 -83 AN ORDINANCE RECLASSIFYING PROPERTY AT 134 NORTH MCLEAN BOULEVARD FROM R -2, SINGLE FAMILY RESIDENCE DISTRICT, AND R -3, TWO FAMILY RESIDENCE DISTRICT, TO R -4, GENERAL RESIDENCE DISTRICT, AND GRANTING A SPECIAL USE FOR A NURSING HOME WHEREAS, written application has been made to reclassify certain property located at 134 North McLean Boulevard from R -2, Single Family Residence District, and R -3, Two Family Residence District, to R -4, General Residence District, and for a special use for a nursing home; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for a nursing home be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map`, as amended, be and are hereby altered by excluding from R -2, Single Family Residence District, and R -3, Two Family Residence District, and including in the R -4, General Residence District, the following described property: That part of the Northwest Quarter of Section 15, Town- ship 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the East line Of the West Half of Section 15, aforesaid, 1184.5 feet North of the Northerly line of Larkin Avenue; thence North along said East line 231.05 feet; thence Westerly along a line making an angle of 83 degrees 25 minutes to the left, with said East line, 563.1 feet to a point in the East line extended South of Burney's Subdivision, Elgin; then South along said extended East line 313.4 feet to a line drawn West, parallel with the South line of said Northwest Quarter from the point of beginning; thence East along said parallel line 558.6 feet to the point of beginning, in the City of Elgin, Kane County, - Illinois. ALSO That part of the Northwest Quarter of Sec- tion 15, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the East line of the West half of Section 15 aforesaid, 1415.55 feet North of the Northerly line of Larkin Avenue; thence Westerly along a line making an angle of 83 degrees 25 minutes 372 373 VOLUME XLVIII to the left of said East line, 563.1 feet to a point in the East line extended South of Burney's Subdivision, Elgin; thence North along said extended East line, 25 feet to a point in the South line extended Westerly of property con- veyed by Mary M. Bowes, a widow, to the First National Bank of Elgin, as Trustee Under the Provisions of a Trust Agree- ment dated April 24, 1972, known as Trust No. 2236 by Deed in Trust recorded April 26, 1972 as Document 1224176; thence Easterly along said extended South line, 563.1 feet to the East line of said Northwest Quarter; thence South along said East line 25 feet to the point of beginning, in the City of Elgin, Kane County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a nursing home, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: I. Conformance to the building setbacks specified on the Mary Margaret Manor site plan prepared by the Planning Department, dated August 10, 1983. The setback areas are to be used exclusively for parking, driveways, screening and landscaping. The buildable area may be used for parking, driveways, screening, landscaping, building additions and accessory buildings. 2. Building additions are to be substantially similar in appearance to the existing building. Building additions are not to exceed the height of the roof line of the existing building. 3. Landscaping is to include the installation of a minimum five (5) foot screening hedge along the northerly, westerly and southerly property lines, excepting within the thirty (30) foot front setback area, the screening hedge is not to exceed three (3) feet in height. This landscaping is to be installed con- currently with the first building addition. 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 lucnara L. verbic, Mayor Presented: September 26, 1983 Passed: September 26, 1983 Vote: Yeas 3 Nays 2 Present; 1 Recorded: Published: Attest: sa ri e y am�w� Mari e Yearman, City Clerk VOLUME XLVIII ACCEPTANCE OF STREETS IN COLLEGE PARK SUBDIVISION, UNIT NO. 374 Mayor Verbic: The staff has recommended that the streets in College Park Subdivision, Unit No. 5 be accepted by the City of Elgin for future maintenance. All` necessary repairs were made to the existing pavement and the final lift of bituminous surface was recently added to complete the project per City of Elgin pavement design specifications. The streets include Notre Dame Lane and Gale Lane, between South Street and Gale Street. Councilman Schmidt made a motion, seconded by to approve the acceptance of the above -named Councilmen Andersen, Hansen, Schmidt, Shales, Nays: None. RESOLUTION ADOPTED APPROVING ACQUISITION OF LAND BY THE FOREST PRESERVE DISTRICT OF KANE COUNTY Councilman Andersen, streets. Yeas: Waters and Mayor Verbic. Councilwoman Shales made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 375 VOLUME XLVIII RESOLUTION APPROVING ACQUISITION OF LAND BY THE FOREST PRESERVE DISTRICT OF KANE COUNTY WHEREAS, the Forest Preserve District of Kane County has adopted a resolution authorizing the acquisition of the real estate described in Exhibit "A" attached hereto and made part hereof; and WHEREAS, Chapter 96'2, §6309 requires that the municipality in which the real estate to be acquired is located approve said acquisition by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the acquisition by the Forest Preserve District of Kane County of the real estate described in Exhibit "A" be, and hereby is, approved. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED WITH RESPECT TO THE DESTRUCTION OF A CIVILIAN AIRLINER BY THE USSR Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ti VOLUME XLVIII 376 RESOLUTION WITH RESPECT TO THE DESTRUCTION OF A CIVILIAN AIRLINER BY THE USSR WHEREAS, the entire world depends on mutual trust among nations in the conduct of civilian affairs; and WHEREAS, civilian airline passengers are particularly vulnerable to uncivilized terrorist actions by any group or renegade nation; and WHEREAS, on August 31st a Korean civilian airliner with 269 passengers aboard was destroyed by the Soviet Union. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that we express our outrage at this uncivilized and inhumane action by the government of the Soviet Union. BE IT FURTHER RESOLVED that we express our sympathy to the families of the victims of this assault on humanity. BE IT FURTHER RESOLVED that we the government of the City of Elgin express our support and the support of the people of our city to our national government, the President and the Congress as they represent our individual and national interest in this tragic situation. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH CENTRAL ELGIN CORPORATION Councilman Waters made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilmen Andersen and Hansen. 377 VOLUME XLVI11 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 WHEREAS, the furtherance of the stated goals and purposes of the Central Elgin Corporation is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes and directs Leo Nelson, City Manager, to execute on behalf of the City of Elgin a contribution agree- ment with the Central Elgin Corporation, an Illinois not- for - profit corporation, a copy of which is attached hereto and made a part hereof by reference. k/ chard VercnRi ara t. ver _ bic c Mayor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 4 Nays 2 Recorded: Attest: s/ Marie Y&brman Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING JEROME MEGILL AS Q MEMBER OF THE POLICE PENSION BOARD Councilwoman Shales made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. f, VOLUME XLVIII 378 RESOLUTION REAPPOINTING JEROME MCGILL AS A MEMBER OF THE POLICE PENSION BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jerome McGill be and is hereby reappointed as a member of the Police Pension Board for a term to expire May 1, 1985. s!/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Cler RESOLUTION ADOPTED APPOINTING EDWARD SCHOCK AS A MEMBER OE THE LAND USE COMMITTEE Councilman Waters made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Hansen. 379 VOLUME XLVIII RESOLUTION APPOINTING EDWARD SCHOCK AS A MEMBER OF THE LAND USE COMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Edward Schock be and is hereby appointed as a member of the Land Use Committee for a term to expire July 1, 1986. s/ Richar L: Verbic ca . L. d Ver ic, Mayor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 5 Nays 1 Recorded: Attest: S/ Marie Y arman Marie'Yearman, City Clerk RESOLUTION ADOPTED APPOINTING JAMES HALLOCK AS A MEMBER OF THE LAND USE COMMITTEE Councilman Andersen made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: Councilman Waters. VOLUME XLVIII 380 RESOLUTION APPOINTING JAMES HALLOCK AS A MEMBER OF THE LAND USE COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James Hallock be and is hereby appointed as a member of the Land Use Committee for a term to expire July 1, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 5 Nays 1 Recorded: Attest: : sue/ Marie Yuman Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING MARGARET KRUEGER AS A MEMBER OF, THE LAND USE COMMITTEE Councilwoman Shales made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 4 381 VOLUME XLVIII RESOLUTION REAPPOINTING MARGARET KRUEGER AS A MEMBER OF THE LAND USE COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Margaret Krueger be and is hereby reappointed as a member of the Land Use Committee for a term to expire July 1, 1986. s/ Richard L. Verbic Richar L. Verbic, Mayor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 6 Nays O Recorded: Attest: �rmans/ Marie Ye Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING CHARLES A. NELSON AS A "MEMBER OF THE PLANNING COMMITTEE Councilman Hansen made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. {F VOLUME XLVIII 382 RESOLUTION APPOINTING CHARLES A. NELSON AS A MEMBER OF THE PLANNING CMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Charles A. Nelson be and is hereby appointed as a member of the Planning Committee for a term to expire July 1, 1986. Richard L, Verbic Ric and L derbic�i yor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest; s/ Marie Yealdman _._,.. Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING BARBARA CHARLES AS A MEMBER OF THE HUMAN RELATIONS COMMISSION Councilman Waters made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 383 VOLUME XLVIII RESOLUTION APPOINTING BARBARA CHARLES AS A MEMBER OF THE HUMAN RELATIONS COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Barbara Charles be and is hereby appointed as a member of the Human Relations Commission for a term to expire May 1, 1986. s/ Richard L. Verbic Kichard L. verbic, Mayor Presented: September 26 1983 Adopted: September k, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: I Marie Yuman Mare Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXTENSION OF THE MEMORANDUM OF AGREEMENT WITH TOPEKA INN MANAGEMENT, INC. FOR ISSUANCE OF REVENUE BONDS Councilman Hansen made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION AUTHORIZING EXTENSION OF THE MEMORANDUM OF AGREEMENT WITH TOPEKA INN MANAGEMENT, INC., FOR ISSUANCE OF REVENUE BONDS WHEREAS, Brock Hotel Corporation (the "Company "), under its former name of Topeka Inn Management, Inc., requested the City of Elgin, Illinois (the "Issuer ") to issue revenue bonds to finance the acquisition and con- struction 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 `Memorandum 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 resolutions of the Issuer adopted on August 26, 1981 and on November 10, 1982; 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: Section 1. 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). Section 2. 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_ { rd I \/e rh i c- Ri ar L. Ver C yor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s / Max f� e e P�" Marie ea— 1 rman, City Clerk 384 385 VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS F Wilson Nurseries $3,010.00 Purchase of 50 trees for Spartan Meadows. Automatic Fire Systems $12,914.00 Sprinkler work in ECC - Fountain Square Campus. Angel Rodriquez $2,000.00 Residential Rebate Program 951 S. Liberty Councilman Waters made a motion, seconded by Councilman Andersen, to approve the aforementioned payments. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING RECEIPT OF PAYMENT OF CITY WATER BILLS BY HOME FEDERAL SAVINGS OF ELGIN Councilman Waters made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 386 RESOLUTION AUTHORIZING THE RECEIPT OF PAYMENT OF CITY WATER BILLS BY HOME FEDERAL SAVINGS OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Home Federal Savings of Elgin be and is hereby authorized to receive and accept payment for City water bills, to charge a service fee therefor not to exceed 10¢ per transaction. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 26 1983 Adopted: September k, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City -Cler RESOLUTION ADOPTED AUTHORIZING Councilman Hansen made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 387 VOLUME XLVI11 RESOLUTION AUTHORIZING THE CITY OF ELGIN TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF COOK, ILLINOIS, WITH RESPECT TO THE ISSUANCE OF CERTAIN BONDS FOR HOUSING PURPOSES BY THE COIJNPY OF COOK 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 of Elgin, Cook and Kane Counties, Illinois (the "Municipality ") and to the financial well -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 therefore author- ized 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 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 provisions 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 agreement with the County whereby the Municipality allocates to the County all of its 1983 authority to issue "qualified mortgage bonds" (as defined in the Act). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, COOK AND KANT COUNTIES, ILLINOIS: Section 1. That the Mayor and Clerk of the City of Elgin 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. Section 2. That the officials of the Municipality are hereby author - ized and directed to take all necessary or advisable actions in connection with the execution and implementation of the agreement in order to facil- itate the issuance of such bonds by the County. Section 3. That this resolution shall be in full force and effect upon its passage and approval. S/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLVIII Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 6 Nays O Recorded: Attest: ne ,,,, s/ Marie Yea an Marie Yearman, City Clerk .., Councilwoman Shales made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. Abstain: Councilman Waters. 0.10 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH WAYNE ZININIERMAN CONSTRUCTION FOR THE SPRING, DuPAGE AND FULTON STREETSCAPE PROJECT VOLUME XLVIII WHEREAS, the City of Elgin has heretofore entered into a contract with Wayne Zimmerman Construction for the Spring, DuPage and Fulton Streetscape Project; 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. s/ i L. Verbic nLc_nara L chard . Ver ic, Mayor Presented: September 26, 1983 Adopted: September 26, 1983 Vote: Yeas 5 Nays 0 Abstain: Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN Aposto is Church) Councilman Schmidt made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. S2 -83 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Apostolic Church) 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 in the manner provided by law. NOW, THEREFORE, BE IT ORDAI.NED 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': Parcel No. 1 That part of Sections 8 and 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the North- east corner of said Section 8; thence North 89 degrees 41 minutes 46 seconds West along the North line of said Section 8, a distance of 1134.97 feet (record being 1139.38 feet); thence South 00 degrees 02 minutes SO seconds West, along a line that if extended Southerly would intersect the South line of said Section 8 at a point that is 1067.26 feet (record being 1065.24 feet) Westerly of, as measured along said South line, the Southeast corner of said Section 8, (this line hereafter referred to as "line A "), a distance of 370.0 feet; thence North 49 degrees 44 minutes 45 seconds West, • distance of 410.0 feet; thence North 40 degrees 15 minutes 15 seconds East, • distance of 50.0 feet; thence North 49 degrees 44 minutes 45 seconds West, • distance of 200.0 feet; thence North 18 degrees 15 minutes 15 seconds East, a distance of 360.0 feet; thence North 78 degrees 44 minutes 45 seconds West, a distance of 310.0 feet; thence South 34 degrees 15 minutes 15 seconds West, a distance of 310.0 feet; thence South 00 degrees 18 minutes 14 seconds West, a distance of 204.24 feet to the South line of the Southeast quarter of Section 5, Township and Range aforesaid; thence South 89 degrees 41 minutes 46 seconds East, along said South line, a distance of 360.40 feet to a point that is 440.0 feet Westerly of "Line A ", as measured along the South line of said Section 5; thence South 00 degrees 02 minutes 50 seconds West, parallel with said "Line A ", a distance of 884.95 feet; thence South 89 degrees 57 minutes 10 seconds East, a distance of 407.0 feet to a point on a line that is 33.0 feet Westerly of, as measured at right angles and parallel with said "Line A "; thence South 00 degrees 02 minutes 50 seconds West, along said parallel line, a distance of 386.51 feet for the point of beginning; thence 390 391 VOLUME XLVIII continuing South 00 degrees 02 minutes 50 seconds West, along said parallel . line, a distance of 1400.00 feet to the center line of Highland Avenue Road as platted on West Highland acres, being a subdivision of part of said Sec- tion 8; thence South 44 degrees 19 minutes 17 seconds East, along said center line, a distance of 47.19 feet; thence South 44 degrees 36 minutes 23 seconds East, along the center line of Highland Avenue Road as platted on the Third Addition to Almora Heights, being a subdivision of part of Section 8 and 17, a distance of 311.25 feet; thence Southerly along said center line, being along a curve to the left having a radius of 8040.94 feet and being tangent to the last described course, a distance of 319.57 feet to a line drawn Southwesterly, forming an angle of 99 degrees 24 minutes 00 seconds with the South line of the Northeast quarter of said Section 8, measured clockwise from the East, from a point on said South line of the Northeast quarter that is 586.10 feet Westerly of, as measured along said South line, the Southeast corner of said Northeast quarter; thence North 08 degrees 56 minutes 11 seconds East, along said line, a distance of 476.94 feet to said point on the South line of the Northeast' quarter; thence North 89 degrees 32 minutes 11 seconds East, along said South line, a distance of 576.99 feet to the Westerly right of way line of Randall Road; thence Northerly, along said Westerly right of way line, being along a curve to the right, having a radius of 2361.83 feet, a distance of 380.11 feet; thence North 22 degrees 59 minutes 59 seconds East, along said Westerly right of way line, tangent to the last described curve, a distance of 133.22 feet; thence Northeasterly, along said Westerly right of way line, being along a curve to the left having a radius of 15,556.13 feet and being tangent to the last described course, a distance of 547.28 feet; thence North 74 degrees 42 minutes 18 seconds West, a distance of 1562.43 feet to the point of beginning, being situated, in Elgin Township, Kane County, Illinois and containing 40.00 acres more or less. Parcel No. 2 The South half of Highland Avenue lying adjacent to the above described property. ALSO Parcel No. 1 That part of the East half of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the South- east corner of said Section 8; thence North 89 degrees 54 minutes West along the South line of said Section 1065,24 feet; thence North 875.82 feet to the Northeasterly corner of Lot 14 in Block 3 of Third Addition to Almora Heights; thence North 74 degrees 06 minutes West 2114.2 feet; thence North 13 degrees 22 minutes East 2443.7 feet to the center line of Highland Avenue Road; thence Southeasterly along said center line 71.56 feet; thence North 1 degree 33 minutes East to the North line of the Northeast quarter of said Section 8; thence South 89 degrees 48 minutes 19 seconds East along said North line 917.52 feet; thence South 0 degrees 04 minutes 31 seconds East 884.74 feet; thence North 89 degrees 55 minutes 02 seconds East 406.81 feet for the point of beginning; thence South 89 degrees 55 minutes 02 seconds West 439.81 feet; thence South 0 degrees 04 minutes 38 seconds East, 1343.04 feet to the center line of Highland Avenue Road; thence South 45 degrees 48 minutes 56 seconds - -- East along the center line of Highland Road 75.49 feet to an angle in said center line; thence South 44 degrees 41 minutes 27 seconds East, along the center line of Highland Avenue Road, 549.25 feet to a line drawn South 0 VOLUME XLVIII degrees 04 minutes 38 seconds East from the point of beginning; thence North 0 degrees 04 minutes 38 seconds West 1786.76 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois and containing 15.791 Acres more or less. Parcel No. 2 The South half of Highland Avenue lying adjacent to Parcel No. 1 Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect from and after its passage as provided by law. s r d f. ffic ar Richa L. er ic, Verbic ayor Presented: September 26, 1983 Passed: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Mare Ye &Irman Mare :earman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREE MENT Aposto is Christian C urch Burni ge 392 Councilman Hansen made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. r 393 VOLUME XLVIII RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGRF,06M (Apostolic Christian Church /Burnidge) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, 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 agreer:?_nt 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 B and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. Richard L Verbc Richar L. Ver ic, Mayor Presented: August 29, 1983 Adopted: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s ar'i e Ye�j'm�a~n�� Marie Yearman, City Clerk I VOLUME XLVIII AUTHORIZATION TO SET PUBLIC HEARING 394 Councilwoman Shales made a motion, seconded by Councilman Andersen, to set a public hearing on October 24, 1983, at 8:00 p.m., to consider annexation and B -3 Service Business District Zoning and M -2 General Manufacturing District Zoning, property commonly known as The Elgin Airport property. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNED TERRITORY AND GRANTING A SPECIAL USE FOR A CHURCH AND NURSING HOME - - -- (Apostolic C hurch) Councilwoman Shales made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmid*_, Shales, Waters and Mayor Verbic. Nays: None. 395 VOLUME XLV111 Ordinance No. G41 -83 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A CHURCH AND NURSING HCME (Apostolic Church) 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 -4y General Residence District, the following described property: Parcel No. 1 T at part of the East half of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Southeast corner of said Section 8; thence North 89 degrees 54 minutes West along the South line of said Section 1065.24 feet; thence North 875.82 feet to the Northeasterly corner of Lot 14 in Block 3 of Third Addition to Almora Heights; thence North 74 degrees 06 minutes West.2114.2 feet; thence North 13 degrees 22 minutes East 2443.7 feet to the center line of Highland Avenue Road; thence South- easterly along said center line 71.56 feet; thence North 1 degree 33 minutes East to the North line of the Northeast quarter of said Sec- tion 8; thence South 89 degrees 48 minutes 19 seconds East along said North line 917.52 feet; thence South 0 degrees 04 minutes 31 seconds East 884.74 feet; thence North 89 degrees 55 minutes 02 seconds East 406.81 feet for the point of beginning; thence South 89 degrees S5 minutes 02 seconds West 439.81 feet; thence South 0 degrees 04 minutes 38 seconds East, 1343.04 feet to the center line of Highland Avenue Road; thence South 45 degrees 48 minutes 56 seconds East along the center line of Highland Road 75.49 feet to an angle in said center line; thence South 44 degrees 41 minutes 27 seconds East, along the center line of Highland Avenue Road, 549.25 feet to a line drawn South 0 degrees 04 minutes 38 seconds East from the point of beginning; thence North 0 degrees 04 minutes 38 seconds West 1786.76 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois and containing 15.791 Acres more or less. VOLUME XLVIII 396 Parcel No. 2 The outh half of Highland Avenue lying adjacent to Parcel No. 1." 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 church and nursing home is hereby granted subject to the terms and conditions of the agreement for the 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, and subject to the special use conditions as specified in Exhibit A. 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: September 26, 1983 Passed: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: p'Atj�test: s/ Marie Yealrman Mare Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY Burns e Councilwoman Shales made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Abstained: Councilman Gilliam 397 VOLUME X,LVI11 Ordinance No. G42 -83 AN ORDINANCE A CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Burni.dge Property) WHEREAS, the territory herein described has been annexed to the City of Elgin pursuant to the terms of an annexation agreement between the City of Elgin and the owners of record of said territory; and WHEREAS, the annexation agreement concerning said territory provides that the City of Elgin shall proceed to classify the territory in accordance with its terms; and WHEREAS, all required public hearings have been conducted and all notices required to be given by law have been given. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in R -2, Single Family Residence'District, the following described property: Parcel No. 1 Tat part of Sections 8 and 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Co Rercing at the Northeast corner of said Section 8; thence North 89 degrees 41 minutes 46 seconds West along the North line of said Section 8, a distance of 1134.97 feet (record being 1139.38 feet); thence South 00 degrees 02 minutes 50 seconds West, along a line that if extended Southerly would intersect the South line of said Section 8 at a point that is 1067.26 feet (record being 1065.24 feet) Westerly of, as measured along said South line, the Southeast corner of said Section 8, (this line hereafter referred to as "line A "), a distance of 370.0 feet; thence North 49 degrees 44 minutes 45 seconds West, a distance of 410.0 feet; thence North 40 degrees 1S minutes 15 seconds East, a distance of 50.0 feet; thence North 49 degrees 44 minutes 45 seconds West, a distance of 200.0 feet; thence North 18 degrees 15 minutes 15 seconds East, a distance of 360.0 feet; thence North 78 degrees 44 minutes 45 seconds West, a distance of 310.0 feet; thence South 34 degrees 15 minutes 15 seconds West, a distance of 310.0 feet; thence South 00 degrees 18 minutes 14 seconds West, a distance of 204.24 feet to the South line of the Southeast quarter of Section 5, Township and Range aforesaid; thence South 89 degrees 41 minutes 46 seconds East, along said South line, a distance of 360.40 feet to a point that is 440.0 feet Westerly of "Line A ", as measured along the South line of said Section 5; thence South 00 degrees 02 minutes 50 seconds West, parallel with said "Line A ", a distance of 884.95 feet; thence South 89 degrees 57 minutes 10 seconds East, a distance of 407.0 feet to a point on a line that is 33.0 feet Westerly of, as measured at right angles and parallel with said "Line A "; thence South 00 degrees 02 minutes 50 seconds West, VOLUME XLVIII along said parallel line, a distance of 386.S1 feet for the point of beginning; thence continuing South 00 degrees 02 minutes 50 seconds West, along said parallel line, a distance of 1400.00 feet to the center line of Highland Avenue Road as platted on West Highland acres, being a subdivision of part of said Section 8; then South 44 degrees 19 minutes 17 seconds East, along said center line, a distance of 47.19 feet; thence South 44 degrees 36 minutes 23 seconds East, along the center line of Highland Avenue Road as platted on the Third Addition to Almora Heights, being a subdivision of part of Section 8 and 17, a distance of 311.2S feet; thence Southerly along said center line, being along a curve to the left having a radius of 8040.94 feet and being tangent to the last described course, a distance of 319.57 feet to a line drawn South- westerly, forming an angle of 99 degrees 24 minutes 00 seconds with the South line of the Northeast quarter of said Section 8, measured clockwise from the East, from a point on said South line of the Northeast quarter that is S86.10 feet Westerly of, as measured along said South line, the Southeast corner of said North- east quarter; thence North 08 degrees 56 minutes 11 seconds East, along said line, a distance of 476.94 feet to said point on the South line of the Northeast quarter; thence North 89 degrees 32 minutes 11 seconds East, along said South line, a distance of 576.99 feet to the Westerly right of way line of Randall Road; thence Northerly, along said Westerly right of way line, being along a curve to the right, having a radius of 2361.83 feet, a distance of 380.11 feet; thence North 22 degrees 58 minutes 59 seconds East, along said Westerly right of way line, tangent to the last described curve, a distance of 133.22 feet; thence Northeasterly, along said Westerly right of way line, being along a curve to the left having a radius of 15,S56.13 feet and being tangent to the last described course, a distance of 547.28 feet; thence North 74 degrees 42 minutes 18 seconds West, a distance of 1562.43 feet to the point of beginning, being situated in Elgin Township, Kane County, Illinois and containing 40.00 acres more or less. Parcel No. 2 The South half of Highland Avenue lying adjacent to the above described property." Section 2. That this ordinance shall be in full force and effect after its passage, approval and publication as provided by law. 1 ichard I . Verbic Ric ar 1 . g er ic, Mayor Presented; September 26 1983 Passed: September 26, 1983 Vote: Yeas 6 Nays 0 Recorded: Published; Att st: i , s ar�ie Ye rman Marie Yearman, City Clerk .• 399 VOLUME XLVI11 REPORTS RECEIVED AND ORDERED PLACED ON FILE r Sales Tax Revenue report for June, 1983 Public Property and Recreation Board Minutes, August 23, 1983 Public Works report for August, 1983 City Traffic Committee Minutes, September 9, 1983 Parking Lot Revenues 9/l/82 through 8/31/83 Budget Summary dated September 6, 1983 Councilman Gilliam made a motion, seconded by Councilman Hansen, to place the aforementioned reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS' Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Andersen, to adjourn the Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. The meeting was adjourned at 9:10 p.m. Marie Yearm , City Clerk VOLUME XLVIII October 10, 1983 400 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 10, 1983, at 8:10 p.m., in the Council Chambers of City Hall, The meeting was called to order by Mayor Verbic. The Invocation was given by Pastor Martin Balzer of the Good Shepherd Lutheran Church, and the Pledge of Allegiance was led by Roger Dahlstrom. ROLL CALL Roll call was answered by Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic, Absent; Councilmen Gilliam and Hansen. Also present: Assistant City Manager Jim Aydt, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE SEPTEMBER 12, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales, to approve the September 12, 1983 Council Minutes as published, Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, MINUTES OF THE SEPTEMBER 19, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales, to approve the September 19, 1983 Council Minutes as published, Yeas: Councilmen Andersen, Shales, Waters and Mayor Verbic, Nays: None. Present: One, MINUTES OF THE SEPTEMBER 26, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Schmidt, to approve the September 26, 1983 Council Minutes as published, Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR COMPUTER STOCK PAPER Councilwoman Shales made a motion, seconded by Councilman Waters, to award the bid for computer stock paper as follows: J & J Data Supplies for a total amount of $4,694,95 and Moore Business Forms for a total amount of $355 =32. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. 401 VOLUME XLVIII PETITION 30-83 REQUESTING A B °3 SERVICE BUS INESS SPECIAL USE FDR AN ELECTRONIC GAME CENTER PROPERTY LOCATED AT BLUFF CITY BOULEVARD ------- DENIED Roger Dahlstrom: Electronic game centers and amusement establish- ments are permitted only as a special use within the B -2, B -3 and B -4 zoning districts. The subject property is located on the southwest corner of St. Charles Street and Bluff City Boulevard. The property is improved with a two -story masonry structure and off - street parking facilities. There are two vacant commercial units and four apartments in the building. Recently the building was occupied by a pharamacy and real estate office. At its regular meeting of September 6, 1983, the Land Use Committee recommended special use approval, subject to certain conditions as outlined above, by a vote of 5 yes and 0 no. Mayor Verbic: Do we have a traffic survey on St. Charles or Bluff City Blvd. Roger Dahlstrom: It is our understanding that the most recent traffic analysis is there are about 9300 vehicles on St. Charles north of Bluff City Boulevard and approximately 11,000 south. We don't have an available figure on Bluff City at this time. It is a controlled lighted intersection. Mayor Verbic: I do have some petitions that have been presented this evening and I would like the Council members to take a look at them. Councilman Schmidt: On one page here it says a bicycle rack is to be installed on the premises. Just where on the premises do they intend to install a bicycle rack. Roger Dahlstrom: I don't know that we specified a specific location for it. Councilman Schmidt: Do you mean inside the building because the lot line is right up to the sidewalk. Jerry Deering: It would have to be somewhere associated with the parking lot. Roger Dahlstrom: There is no other place it could be other than on public property, on the sidewalk, so it would almost have to be somewhere in the parking lot area. Mayor Verbic: I would like the people who are here tonight to know that we have a considerable amount of material which we have received on this proposed special use and all of the testimony from the Land Use Commission hearing has been transcribed and provided to us. So we have all had the opportunity to read this over and apprise ourselves of what happened at the Land Use Commission hearing. VOLUME XLVili So if you think that we are not this matter now, it is because the data that we received. 402 asking a lot of questions concerning a lot of them have been answered in I did receive a telegram today and some forty or fifty letters. The telegram is from the Principal of Garfield School, Ann Jones. This was sent to the Council and stated "the staff and parents of Garfield School are deeply committed to accelerating educational opportunities. An arcade on Bluff City Boulevard would be counter - productive to the needs and desires of our fine community," Councilman Waters: It seems to me as I read through the transcripts, and as I read the letters and discussed the matter with various individuals on the telephone, one of the prevailing arguments, perhaps the single most valid argument that has been presented is the fact that there are not enough parking spaces in compliance with the City Code. As I read the analysis by the city staff I thought they made a very cogent point and that is that regardless of what goes into that facility I don't think anybody has any desire to see that being a boarded -up empty facility. Regardless of what goes in there the same issue is going to be there. You can't put a drug store in there. You can't put an attorney's office in there. You can't put a real estate office in there. I don't care what might else go into that facility the parking problem is still going to be there, that is not going to go away. I still stand on that position. I think we are faced with a situation there where the parking problem is going to be present with us regardless of what goes into that facility. I personally also have a problem with the fact that we have allowed the same type of a center in other places in the city with similar restric- tions, and I think it.puts the Council in a rather awkward position of being asked to say no to this petition simply because the neighbors in that area have no desire to have it located in their particular part of the community. If the Council is going to accept the concept of game centers in the community and in the zoning ordinances we restrict where those are to be located and somebody comes in with a petition that is in compliance with that zoning ordinance, I see little argument that can sway me at this point that we should deny this petition. Councilman Andersen: As an old southender, having lived down there for about thirty years, I saw the building when Mr. Burns had a thriving drug; store there that entertained some three to four hundred customers a day and a grocery store next to him. There was considerably more traffic those days in and out of that building than I anticipate would go in and out of there now if a game center were in there. 403 VOLUME XLVIII I cannot see how we can deprive a man who owns a building the right to use it. I am as much of a southender as a lot of these people out here, but you still have to face the fact that a man is wanting to operate a legitimate business, in a building that he owns, that is zoned property, and it has been recommended to us by the Land Use and Planning Committee that it be approved. I cannot see how we can vote otherwise. To constantly overturn their decisions is to make a mockery out of anybody that we put on those committees and ask them to serve. Mayor Verbic: I take a different viewpoint on it. I know the specifics regarding the Bm3 zoning, but I am particularly worried about the trend and the problems which I have been receiving by way of school principals, teachers, etc, in regards to the youngsters participating in some of these game centers throughout the city. I also think that the nine to eleven thousand traffic count, which Mr. Dahlstrom mentioned, is going to compound the problems with this type of facility. I don't feel this type of operation is conducive to this location. Councilwoman Shales: I feel a great frustration in-dealing with this type of question. I feel the same frustration that Land Use Committee members voiced in their minutes. I would like to see the Council, the Land Use and Planning Commissions, and the Planning Department, sit down and draw up some better guidelines for this kind of enterprise. It is a very emotional issue and when the neighbors say to me would you like one in your neighborhood, and if i am honest, would have to say no. It is not because I believe they are a -den of evil, or there is something wrong with them, but I really would not like one in my neighborhood,and I think that is a legitimate concern of these neighbors, and that is where my frustration comes in dealing with this. I am going to vote no because we set a precedent, we denied Mr. Minus the same kind of an establishment in the north end, I think this Council set a precedent by that vote and therefore I would continue that precedent by voting no on this one. Pat Isabue, 561 Raymond St.: I would just like to know if the Land Use transcript is available for us to read also, or is it just for the Council members. Mayor Verbic: It is public record, the City Clerk would have thoseavailable for you. Bruce Minus: My petition was rejected and denied on the basis of certain facts or information. One was the safety, or the traffic. I have here with me from the Illinois Department of Transportation, Division of Traffic Safety, an Urban reference report showing the amount of accidents and injuries occurring at St. Charles and Bluff City Boulevard, from 1980 through May, 1983. VOLUME XLVIII 404 Out of 3Z yearn they have had an accumulation of 40 accidents with 20 injuries. In respect to what I submitted and respect to this, this is probably a two - hundred fold increase in injuries and a three times the amount of traffic incidents occurring at this intersection as opposed to the one I was denied. All I am saying is that if I was denied the petition, based on an intersection that had no ,injuries for 5 years, then feel it is only fair that as a businessman that these be taken under consideration. Carol Braun, 858 St. Charles: Our own son was hit by a car 6 years ago, luckily he was not hurt and it was because of the no turn on red, the cars are allowed to turn and the traffic is worse now than it was then. Willie Spates, Raymond 'Street: I think the parents and the.. Principal of Garfield School has the burden of proof of showing us how this can make the juveniles be more delinquent. There is no studies, there is no documented proof whatsoever that proves that these kids are going to be delinquents simply because there is an arcade center in the area. I think it is only fair to say there are other businesses in the area. You have a tatoo business there on the south end, you got Smitty's Tap, another liquor store across the street and Stop n' Go with other arcade machines. I think that is what fair for one should be fair for all. I would like to say that Mr. Stewart should have the business and if he can't maybe we need to take another look at it and maybe the City Council and the Land Review Committee should get some kind of uniform code and let that be established right away so that Mr. Stewart and this other gentleman will not have to go through this and talk about bicycle racks and traffic when we know that the issue is whether we want the arcade or not. Councilman Waters made a motion, seconded by Councilman Andersen, to approve Petition 30 -83. Yeas: Councilmen Andersen and Waters. Nays: Councilmen Schmidt and Shales and Mayor Verbic. PETITION 25 -83 REQUESTING AN AMENDMENT Roger Dahlstrom: Petition 25 -83 requesting an amendment to Chapter 19.44.11 "Off Street Parking" of the Elgin Municipal Code. Without going into great detail basically this amend- ment effects two sections of the parking lot ordinance. Those dealing with the retroactive full compliance of this section for gravel lots in commercial and industrial areas based on a change in use or vacancy. Full compliance now would only be associated with structural expansion exceeding 25 %. Floor 405 VOLUME XLVIII area expansion of existing parking area, change in zoning classification, the declaration of a public nuisance, or the paving or reconstruction of an existing parking lot. Mayor Verbic: This is the initial beginning of the revision of the ordinance. Roger Dahlstrom: That is right. We are in complete comprehensive review of amendments parking ordinance at this time. This was a dealt with what we felt was the most urgent community, the retroactive requirement and of gravel lots. the process of a to the off- street first step and concern to the Full compliance Councilman Schmidt: Does this effect any of the improvements on any existing lots. For instance, if a person has part of his parking lot that abuts right up to a sidewalk, with a fence, say Chats the grandfather part of it and then he put in a new lot next to it, but had to stay five feet away from the sidewalk. Can he now blacktop that five feet and make it all uniform, or do we have to wait for that to come yet. Roger Dahlstrom: That would depend on the extent of the new lot. If it was a lot required because of a greater than 25% expansion of the floor area then it would have to be in full compliance as it is written now. That particular section of the ordinance was not effected. Councilman Schmidt: Say there is a five foot green area, ninety feet long, can that be blacktopped or does that have to stay green, if you want_ to resurface, Roger Dahlstrom: If it were part of .a required setback it would have to remain green. Councilman Andersen: I don't see it all in this one, but there was a magic phrase'in: there, if the space is available there seems to be a tone running through there all the time, if the space is available. Another thing here is the 180 days, is there something magic about 180 days a piece of property being vacant. Roger Dahlstrom: The 180 day requirement is the vacancy requirement which has been excluded from the ordinance as it is now written. The proposed amendment would eliminate that and the space is available basically relates to situations where there are certain topographical or physical restraints, sometime in a river city we encounter those. Councilman Waters: I plan to vote in favor of this amendment and I guess in all honesty I would have to say it probably is against my better judgment. I would like to commend first of all the Planning Commission. In reading through the transcript VOLUME XLVIII 406 it was obvious that they anguished over this issue and I think it is one of the most thorough discussions that I have read from the Planning Commission. I was particularly struck by how they anguished over this and there was not a clear cut issue, a clear cut consensus, I was particularly struck by the comment of Ray Dalton where he talked of it in terms of a balancing between that of relaxing the standards versus the standard of empty buildings and think that is really what we are having to deal with. As I said I am going to support it and it's probably against my better judgment, but I think we have to do that under these times and these conditions, or else that balance is going to sway the wrong way, Mayor Verbic: Why is it against your better judgment. Councilman Waters: Because my better judgment says that I think the standards are appropriate and that knowing where that line is, knowing where that point of demarcation is, I don't have that kind of wisdom. I would like to see those buildings full and in 'total compliance with the standards the way they are.. That is not reality and how far you go in order to maintain the standards before you jeopardize that point of having those buildings full I don't know, and I guess this is one time that we have to make the effort to meet partway. Mayor Verbic: Here is a city 150 years old and I think you have to look at It more realistically than what you just said, because if you have a city in this age catagory you have a lot of businesses which occuplied'bui'ldings many years ago. As these businesses became successful they have gone on to occupy new space and therefore the old buildings become vacant. If you were the owner of one of the buildings that was built many years ago and you had to bring it up to compliance, considering the cost factor, I think you would look at it differently. You have to look at how much a young businessman, and these are the people we look to occupying these old buildings because of the rent factor, he does not have the money to put up front to get into it initially. To look at it realistically we must support the new businesses coming into town, who will provide jobs, Councilwoman Shales: I appreciate the work that has gone into this by the Planning Department, the Planning Committee and the Chamber of Commerce and i think we have come up with a good compromise, and I would like to move that we approve Petition 25 -83. Councilman Waters: I will second that. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. 407 RESOLUTION TABLED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT N. McLean VOLUME XLVIII Councilman Waters made a motion, seconded by Councilwoman Shales to table the aforementioned resolution. Yeas: Councilmen Andersen, Shales, Waters and Mayor Verbic. Nays: None. Present: Councilman Schmidt. Councilman Waters made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII MM Ordinance No. G43 -83 AN ORDINANCE AMENDING ORDINANCE NO. G34 -83, RECLASSIFYING CERTAIN PROPERTY ON NORTH MCLEAN BOULEVARD FROM R -2, SINGLE FAMILY RESIDENCE DISTRICT, TO 0 LIMITED OFFICE DISTRICT, BY CORRECTING THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY WHEREAS, on August 8, 1983, Ordinance No. G34 -83 was passed reclassify - ing certain property located at 213, 217, 225, 229 and 233 North McLean Boulevard from R -2, Single Family Residence District, to 0 Limited Office District; and WHEREAS, the legal description of the subject property was incorrectly recited in Ordinance No; G34 -83. NOW, THEREFORE, BE IT ORDAIN BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the legal description set out in Section 1 of Ordi- nance No. G34 -83 passed August 8, 1983 be and is hereby amended to read as follows: Lots 14 (excepting the Easterly half), 15, 16, 17, 18, 19, 20, 21 and 22 in Block 5 of the Highland Addition 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: October 10, 1983 Passed: October 10, 1983 Vote: Yeas 5 Nays- 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE Councilman Waters made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 409 RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE (Travis Medical Center) VOLUME XLVIII WHEREAS, inspections of the structure located on the property herein- after described have been made by inspectors of the Bureau of Inspection Services of the City of Elgin; and WHEREAS, said structure consists of an uncompleted medical office center; and WHEREAS, said structure is in a state of disrepair, open, littered with various debris and constitutes a fire hazard; and WHEREAS, construction of said structure was begun sometime in the late 1970'x, but was never completed; and WHEREAS, no construction has taken place on said structure for a period of two years; and WHEREAS, said structure, in its open and uncompleted state, is dangerous and unsafe and constitutes a threat to the public health, safety and welfare of the residents of the City of Elgin, Illinois; and WHEREAS, the owners of said structure have failed to comply with notices to appear. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS; Section 1. That the building located on the property legally described as: Lots 15, 16 and 17 in Block 4 of Walter G. McIntosh and Companies Fox River Farms in the City of Elgin, Elgin Township, Kane County, Illinois, and commonly known as 35 North Airlite Street, Elgin, Illinois, is hereby declared to be a public nuisance. Section 2. That the owners or persons in control of said premises are hereby directed to abate said public nuisance by completing or demolishing the structure located upon the above described property within thirty (30) days after receipt of a copy of this resolution. Section 3. That the City Clerk is hereby directed to mail certified copies of this resolution to the owners of record and lienholders of record. Section 4. That upon failure of the owner or lienholders of record to abate the public nuisance described herein, the Corporation Counsel be and is hereby directed to apply to the Circuit Court of Kane County for an order authorizing the demolition of the structure described above in accordance with the provisions of Section 11 -30 -1 of Chapter 24 of the Illinois Revised Statutes. s /Ruchar°d L. Verbic RiERard L. Ver ac, Mayor VOLUME XLVIII Presented: October 10, 1983 Adopted: October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION 410 Councilman Schmidt made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 411 VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION WHEREAS, the City of Elgin maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation (the "Administrator "); and WHEREAS, the Administrator has recommended changes in the plan document to comply with recent federal legislation and Internal Revenue Service Regula- tions governing said plans; and WHEREAS, the Internal Revenue Service has issued a private letter ruling approving said plan document as complying with Section 457 of the Internal Revenue Code; and WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred compensation plans; and WHEREAS, said Trust is a salutary development which further advances the quality of administration for plans administered by the ICMA Retirement Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby adopts the deferred compensa- tion plan, attached hereto as Appendix A, as an amendment and restatement of its present deferred compensation plan administered by the ICMA Retire- ment Corporation, which shall continue to act as Administrator of said plan; BE IT FURTHER RESOLVED that the City of Elgin hereby executes the ICMA Retirement Trust, attached hereto as Appendix B. BE IT FURTHER RESOLVED that the City of Elgin hereby adopts the trust agreement with the ICMA Retirement Corporation, as appears at Appendix C hereto, as an amendment and restatement of its existing trust agreement with the ICMA Retirement Corporation, and directs the ICMA Retirement Cor- poration, as Trustee, to invest all funds held under the deferred compensa- tion plan through the ICMA Retirement Trust as soon as is practicable. BE IT FURTHER RESOLVED that the City Manager shall be the coordinator for this program and shall receive necessary reports, notices, etc_ from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the City of Elgin, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. S/ Richard L. Verbic Richard L. Ver ic, Mayor VOLUME XLVIII 412 Presented: October 10, 1983 Adopted: October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yeaeman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AMENDMENT TO A CONTRACT WITH SACHS FREEMAN ASSOCIATES INC. FOR PROFESSIONAL SERVICES Councilman Waters made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas, Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 413 VOLUME XLV111 RESOLUTION AUTHORIZING AN AMENDMENT TO A CONTRACT WITH SACHS /FREEMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES WHEREAS, on September 22, 1980, the City of Elgin, a municipal corporation, entered into a certain written agreement with Sachs/ Freeman Associates, Inc. for professional services with respect to a public safety communication center; and WHEREAS, the parties desire to amend the payment schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Section 5 of the above described contract be amended to read as follows: S. Payment Schedule The City shall pay to the Consultant, for all work and services provided hereunder, including all miscellaneous and reimbursable expenses, a sum of Thirty -Ome Thousand Two Hundred and Eleven Dollars ($31,211.00) Payments shall be made according to the following schedule: Payments made shall be for 90% of the full amount shown, the 10% retainage to be paid:to,the Consultant upon satisfactory com- pletion of the contract, along with the final payment shown - AMOUNT PAYMENT FULL LESS 10% NO. DUE DATE AMOUNT RETAINAGE 1. Two months from date of signature $ 5,000 $ 4,500 2. Submission of Implementation Plan 5,000 4,500 3. Submission of Technical Specifications 7,000 6,300 4. Issuance of Request for Proposal 3,580 3,222 S. Submission of Bid Evaluation 3,580 3,222 6. Six Months after Award of System Contract 3,580 3,222 7. Project Completion 3,471 3,124 plus retain - TOTAL $31,211 age of 3,121 TOTAL $31,211 VOLUME XLVIII 414 BE IT FURTHER RESOLVED that Leo Nelson, City Manager, be and is hereby authorized and directed to accept on behalf of the City of Elgin the written revised payment schedule proposed set forth in the written proposal of Sachs /Freeman Associates, Inc., a copy of which is attached hereto and incorporated herein by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 10, 1983 Adopted: October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO PARTIALLY CLOSE ROUTE FOR ANNUAL PARADE Councilman Waters made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Schmidt, Shales; Waters and Mayor Verbic. Nays, None. 415 VOLUME XLVIII 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 state its 1983 Homecoming Parade between the hours of 11:00 a.m. and noon on Saturday, October 15, 1983, 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: October 10, 1983 Adopted: October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yeal}nan Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO PARTIALLY CLOSE ROUTE 2G FOR ANNUAL PARADE Councilman Waters made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 416 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 1983 Homecoming Parade between the hours of 3 :00 p.m. and 5:00 p.m. on Friday, October 28, 1983, conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois', to partially close Business Route 20 and restrict traffic into two lanes for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified, and be it further resolved by the City Council of the City of Elgin that the City assume full responsi- bility during the time the restriction is in effect, and all liabilities for damage of any kind occasioned by the partial closing of the State Route. s/ Richard L.'Verbic ar L, er gc, Mayor Presented: October 10, 1983 Adopted: October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea'dman Marie Yearman, City Clerk RESOLUTION APPROVING CHANGE ORDER N0. IN THE CONTRACT WITH E. M. MELAHN CONSTRUCTION CO. FOR THE ALFRED DEMMOND STREET STREET IMPROVEMENTS Councilman Waters made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. 417 VOLUME XLV'1I.1 RESOLUTION,, APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH E.M. MELAHN CONSTRUCTION CO. FOR THE ALFRED /DBNOND STREET IMPROVEMENTS WHEREAS, the City of Elgin has heretofore entered into a contract with E.M. Melahn for the Alfred /Demmond Street improvements; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINLOIS, 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 RiETEr-d L. Verbic, Mayor Presented: October 10, 1983 Adopted: October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea*man Marie Yearman, City Cler RESOLUTION ADOPTED APPROVING CHANGE ORDER Councilwoman Shales made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, VOLUME XLVIll 418 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH GLUTH BROTHERS CONSTRUCTION, INC. FOR THE BLUFF CITY AND DIXON WATERMAIN EXTENSION WHEREAS, the City of Elgin has heretofore entered into -a contract'' with Gluth Brothers Construction, Inc. for the Bluff City and Dixon watermain extension; 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. Verblc RicharU L. Ver ic, Mayor Presented: October 10, 1983 Adopted: October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: ,�Attest: / g s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION CO. FOR RYERSON PARK IMPROVMENTS Councilman Waters made a motion, seconded by Councilwoman "Shales, to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verblc. Nays: None.` 419 VOLUME XLVIII RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION COWANY FOR RYERSON PARK IMPROVHvMS WHEREAS, the City of Elgin has heretofore entered into a contract with Illinois Hydraulic Construction Company for Ryerson Park improve- ments; 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. V®r ac, Mayor Presented: October 10, 1983 : Adopted October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s% Marie a man Marie Yearman, City Clerk 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 Waters made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None, VOLUME XLViii 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 'Friday,, November 11, 1983 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. Ver ic, Mayor Presented: October 10, 1983 Adopted: October 10, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea mare Marie Yearman, City Clerk 420 421 VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS C ", Mayor Verbic; There is one item to be added to the list of vendors and that is Richter Awning Company for a total amount of $2976.00. Layne - Western Co. Chicago Title Insurance Co. United Diesel Service CCADA, Elgin Larson- Becker Co. $16,261,40 Repair of deep well motor. 7,650,00 Title searches /Otter Creek Detention and South Grove Redevelopment projects. 3,060.00 Rebuilding bus transmission. 2,499,99 Alcohol Safety Program 5,198;00 Storm sewer replacement on Lyle Avenue. Richter Awning Co. 2,976.00 Awnings and fittings for ECC Fountain Square Campus. Councilman Waters: I make a motion that payment be approved as enumerated in the report with the addition of Item 6, Councilwoman Shales, I will second that. Councilman Andersen: I will offer an amendment to that motion, to split the authorization payment for payments here into the first five- items, and then the sixth item by itself. Mayor Verbic: The motion dies for lack of a seconds and we will proceed with the original motion. Yeas: Councilmen Schmidt, Shales, Waters and Mayor Verbic, Nays: None. Present: Councilman Andersen, AUTHORIZATION TO SET A PUBLIC HEARING ON OCTOBER 24, , FOR THE HINCKLEY - SCHMITT INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1963 Councilman Waters made a motion, seconded by Councilman Schmidt, to set the aforesaid Public Hearing. Yeas; Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery report for therwnth of August, 1983 Greater Downtown Elgin Commission Minutes, September 12, 1983 Councilwoman Shales made a motion, seconded by Councilman Schmidt, to place the aforementioned reports on file, Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII ANNOUNCEMENTS 422 Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Andersen made a motion, seconded by Councilwoman Shales, to adjourn the Council Meeting to go into Executive Session to discuss land acquisition, litigation and boards and commissions. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:05 p.m. = Marie Yearma N City clerk VOLUME XLVIII October 24, 1983 423 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 24, 1983, 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 C. Lee Gilbertson of the Church of the Redeemer, and the Pledge of Allegiance was led by Ken Kosek of WRMN. I:i�lft17e�1� Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Absent: None. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE OCTOBER 10, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales, to approve the October 10, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Mayor Verbic read the following letter from the President of the Senior Class at Larkin High School: "I would like to direct your attention to the ordinance restricting bonfires. Larkin High School is planning to have a bonfire in an attempt to infuse the student body with a dose of school spirit in conjunction with the homecoming week. We request that you waive this ordinance. The bonfire is scheduled to take place on October 27 at Memorial Field on Route 19. It will begin at 7:00 p.m. and end at 8:00 p.m. We do not anticipate any compli- cations because this will be a well supervised, properly conducted event. s /Jeff Abbott President - Senior Class'' Councilman Waters made a motion, seconded by Councilman Hansen, to approve the request for a bonfire. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 424 VOLUME XLVIII Statement read by Councilman Andersen "I would like to respond to a statement read by a councilman at the October 10th meeting of the Elgin City Council. Although he directed his comments to the council as a whole, I believe they were intended for me. The question at issue was the size of pipe used on the awnings installed at the Fountain Square Campus of Elgin Community College. The specifications for the project called for one inch pipe, but three - quarter inch pipe had been used. Because the specifications were not met, and because I do not think specifications for city projects should be treated casually, had opposed payment of the full bill for the work. I had contended the City of Elgin should receive some kind of reduction in the bill, to account for the difference in pipe size. The statement declared that we members of the council had cheapened ourselves in the eyes of others by debating the matter. It said we had sullied the reputation of the proprietor of the Richter Awning Company. It also reproached us for not praising, thanking and commending the project's architect, Charles Cassell; the project's contractors; and Leo Nelson, the city manager and his staff for what was called their "vision and innovation." The statement sullied the reputation of one of the other bidders by alleging he had provided spurious figures and accusations. think it would be useful to review the history of my involvement in the pipe matter. Howard Hunt of the Groh Awning Company made a mistake on his bid. He recognized it when it was too late to correct it. As a consequence, and by his own admission, he would not have received the bid. However, he could not see how the Richter Awning Company could turn a profit on the project with the bid that company had offered. He shared his convictions with the city manager, Leo Nelson. The city manager suggested to Mr. Hunt that if he saw anything wrong with the way the awnings were installed, he should advise the city manager of that. Mr. Hunt observed the difference in pipe sizes and told the city manager. After a time Mr. Hunt was called by Charles Cassell, the project's architect, who said he had authorized Mr. Richter to use the smaller pipe. Mr. Hunt told Mr. Cassell he believed he had the grounds for a law suit against the City of Elgin because he was not given the opportunity to rebid the project using the lesser pipe size. Mr. Cassell replied Mr. Hunt might well be correct, and asked if Mr. Hunt did plan to bring suit. Mr. Hunt declined to answer. Mr. Cassell told Mr. Hunt he would be talking to him in the near future, but Mr. Hunt heard nothing more. After a time Mr. Hunt came to me with the matter and I raised VOLUME XLVIII 425 the issue at a council work session. Now, if Mr. Richter's reputation has been sullied, he has only himself and Mr. Cassell to blame. The city council did not ask the architect for a change in specification. It did not authorize Mr. Cassell to grant such a change. I see nothing "visionary" or "innovative" about what Mr. Richter and Mr. Cassell did. I see nothing for which they should be praised, thanked or commended. Further, while the city manager did encourage Mr. Hunt to share his concerns with him, and while he was responsible for the one meeting between Mr. Hunt and Mr. Cassell, he did not pursue the matter, nor did he tell the council about it. I see nothing for which to praise, thank or commend the city manager. Praise, thanks and commendation should be reserved for those occasions when performance is of an extraordinarily good quality. I cannot believe anyone could seriously contend that was the case here. have found it interesting that Councilman Waters should have seen fit to throw himself headlong into this controversy. Mr. Waters is employed by District 509 as an administrator of sorts at Elgin Community College. In times past, Mr. Waters has abstained from matters relating to the expenditure of money on the Sears building, fearing a possible conflict of interest. In the awning matter, he not only voted on the motion to pay the Richter bill in full, he himself made the motion. In addition to his administrative duties, Mr. Waters serves the District 509 board of trustees as its secretary. For his services, he is paid an additional three thousand dollars per year, over and above his regular salary, which is .a further apparent conflict of interest. I have been criticized by the father of one prominent members of the District 509 board me publicly, not once, but three times, and for my questions about the awnings at the S just goes to prove,, you can't buy me with a bution. Obviously, I ruffled more than Mr. of the most who has approached has condemned me gars building. It campaign contri- Waters' feathers. There are those who never join the pursuit of excellence. There are those to whom mediocrity is good enough. There are those who feel that to short - change the city is of small consequence. During the remainder of my term on this council, I shall continue to ferret out and to speak out against 'these practices." 426 VOLUME XLVIII BID AWARDED FOR IMPROVEMENTS TO BARCLAY PARK Councilman Waters made a Shales, to award the bid to the low bidder Larson amount of $7,683.92. Ye Hansen, Schmidt, Shales, None. motion, seconded by Councilwoman for the Barclay Park improvements Landscape Company for the total 3s: Councilmen Andersen, Gilliam, Waters and Mayor Verbic. Nays: BID AWARDED FOR LANDSCAPING OF GROLICH PARK Councilman Waters made a motion, seconded by Councilman Gilliam, to award the bid for landscaping of Grolich Park to the low bidder Tree & Land, Inc., for a total amount of $11,240.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING OF PETITION 31 -83 REQUESTING ANNEXATION B SERVICE BUSINESS DISTRICT AND M-Z GENERAL MANUFACTURING DISTRICT ZONING - ELGIN AIRPORT PROPERTY Roger Dahlstrom: The subject property is approximately 185 acres of which 70 acres of the subject property is proposed for B -3 zoning, and approximately 109 acres for M -2 zoning. The proposed use of the subject property includes a commercial shopping center, a hotel, and office, research, and manufacturing. should be noted that the petitioner is not requesting subdivision approval at this time, and that the petitioner may return in the future to adjust the location of the B -3 zoning district boundary. It is our understanding that an adjustment would probably be down to an area of approximately 30 acres in total. The corridor formed by the Northwest Tollway has provided adjacent properties with a high level of regional accessi- bility and visibility. The has resulted in the develop- ment of office, research, and manufacturing areas straddling the tollway east from Chicago. At its regular meeting of September 6, 1983, the Land Use Committee recommended annexation and zoning approval by a vote of 5 yes and 0 no. Attorney Heimberg: As you know this annexation agreement was filed in August and since that time the whole project has evolved somewhat differently than was originally con- templated and because of that we would request that tonight's hearing not result in a vote, but rather be continued until an additional date so that revisions to the annexation agreement, based on staff comments and also evolution of VOLUME XLVIII 427 the project can be made an submitted to you at an early date for your review. Charles Burnidge: Most of the material we covered last Thursday evening, but I would like to cover it again tonight for the public record. The drawing that you are looking at at this time is a drawing that we submitted at the time of the annexation on August 14th. This drawing shows the acreage that is proposed for the B -3 zoning and the acreage that is proposed for the M-2 zoning in that area. At the time this was submitted we did not have a plan worked out that made sense of this. Since that time we have a plan which incorporates the shopping center and the proposed road system, as well as the light industrial and research and development useage -. The only change on this drawing from the August 14th submittal, at that time we were con- templating that it.may be possible to use the 10 acres that is located in this area for detention purposes. Since that time we are no longer pursuing that idea and we are proposing that the detention take place in different areas. So our earlier annexation agreement and the one that is being revised and submitted this week you will see changes which will address areas such as detention; Also in our presentation on Thursday evening, we talked about three requests that the developer, Dr; Sullivan, is requesting and we are talking about the improvements of this intersection, we are talking about the improvements of this road, as well as a different type of improvement of the roadway that continues here, under the Tollway to the present improvements and West River Road. Then we are talking about the improvements of Route 31 north to the Chateau Louise. We discussed last Thursday the cost of those improvements and the manner in which my client is proposing that the city could act in partnership with my client, Dr. Sullivan, and that is the Doctor and his group of investors will front the cost of this intersection, which is in the range of $400,000 to $700,000. Front the costs of the improvement of this road and the continuation of this road, which is in the range of $1.2 million to $1.4 million and a total of$1.6 to $2.1 million on the entire improvements, and to act with the State on the improvements of Route 31. We are asking that the developer be reimbursed for those improvements through sales tax generated by the shopping center and last week I requested that 100% of those reimbursements come from the shopping center and we had some discussion on that. This evening I would propose that we would be willing to discuss that less than 100% at one time be spread over a number of years for 100% participation in those improvements, not at one time. 428 VOLUME XLVIII The reasons that we felt this was a fair proposal is that the developer is promoting the city on a national level, developments are being offered incentives in other communities, it will help reduce the cost of the land of the development to make this area competitive with other areas, and the Doctor is not a large corporation, but a group of local investors and that he is in need of having these dollars and these participations to make the project go. When we came to the city last week we have met with the staff and Mayor Verbic on Wednesday afternoon and the Mayor had asked us to come back with three things for the Thursday evening meeting. He asked what were the costs up front for the city, what improvements were we asking for and in what dollar amounts. So we came that evening prepared to say that there would be no costs up front for the city, that the developer would front all of these costs. What improvements, the three that I have covered and what dollar amounts, the $1.6 million to $2.1 mi ll ion. Attorney Heimberg; I believe you have all received the September l6th letter from Jerry Deering in which there were five pages and twenty -five separate paragraphs outling staff's concerns and while I don't wish to minimize any of those comments, many of them have to do with language procedures and virtually all of them are acceptable to our client. Our goal tonight is to highlight some of the maior areas of concern as have been presented to us by staff. First of all there was a concern stated that the language in paragraph 3 (c) as written led you to believe that we were attempting to circumvent the:'hezoning procedures, which are prescribed by Statute, in order to adjust the zoning boundaries between the actual uses, as finally evolved. That was never our intention and Paragraph 3 (c) will be expanded upon or redrafted so that concern is eliminated. Paragraph 7 and 12 both relate to the 10 acre parcel which Charles referred to earlier as not being part of our present property, but that we hope to be able to acquire and incorporate in the storm water detention, because we have given up the hope of acquiring that property and incorprating it into the project those two paragraphs will be substantially altered so that those concerns that were brought up in Jerry's letter will not be a problem anymore. Paragraphs 8 (a) through 8 (c) basically describe the areas where the city's participation is being requested. There were legal questions brought up by those paragraphs and they will be substantially changed to conform to the final agreement that is arrived at. VOLUME XLVIII 429 Paragraph 10 dealing with a freeze of real estate taxes will be deleted. Paragraph 13 discussed off - street parking changes, these are things that staff assures us are being addressed in their concept and redrafts of that section of the zoning ordinance and in fact they indicate that most of the areas that we addressed in our annexation agreement suggested paragraph 13 will be covered by the new ordinance, unhappily_ that ordinance is not ready yet, so that is one area that will have to be left open for further discussion. We would like to insert an entire new paragraph regarding the possibility of special service area financing, which is somewhat similar to Paragraph 14 that is in the agreement and pertains to special assessment financing. Charles earlier alluded to the subject matter of Paragraph 15 of the original draft which had to do with a rebate to the developer of sales, hotel /motel room rental taxes and we wi.11 be addressing new language and working with the Corporation Counsel on that subject matter. Paragraph 29 which had to do with increases in fees not being applicable for a 60 day period, is just being dropped, we agree with the staff that it is an impractical request so we are withdrawing that particular paragraph. As I said earlier many of the other paragraphs will be revised in form, but not particularly in content, to conform with the September 16th letter. We hope to have a redraft of the agreement to you in the next few days so there will be sufficient time to review it in advance of the next hearing, Charles Bvrnidge; I think one of the areas that the meeting last Thursday brought to mind for me dealt with the changes that have taken place in the annexation agreement since we wrote it and presented it on August 14th, and why those changes have taken place. We would hope to be working for a final answer on this by your November 14th meeting. We talked to Pepper Construction today concerning concerns of the Melvin Simon people for occupancy in the Fall of 1984 for a portion of the shopping center and of course they stated to me that they should be under construction at this time for that type of date. We have the pressures of time upon us and we are hopeful that between now and the 14th that we can reach an agreement. We are talking about the project in phases, although the Melvin Simon people are requesting that these roads and the intersection improvement be in place at the time the center opens. Many items still need to be resolved concerning the intersection improvements and while we are under a lot of time constraints that those items can be resolved. 430 VOLUME XLVIII Councilwoman Shales: You said that the reimbursing for the improvements would come from the sales tax from the shopping center, strictly. Charles Burnidge: No, I'm sorry I said that, from the sales tax from the project. We are proposing a shopping center here of 30 acres, but there could also be commercial in this area that would also have some sales tax. Councilwoman Shales: Sales tax from the project where ever it comes in the project. Say the improvements are made but no sales tax, or very little sales tax is ever generated, would we be liable for the improvements if there didn't happen to be any sales tax. Counsel Jentsch: My understanding was if there are no revenues generated there would be no reimbursement by the city. Councilwoman Shales: So that the developer is really committing himself up front to a great deal of money that he may not be reimbursed for if he does not complete his project. I am impressed now by the commitment that the developer is prepared to make and I feel much better about this proposal than I did about the first one where I felt the city was making all the commitments and that the developer was not making any. Charles Burnidge: This was an area that was stressed by the staff and the Mayor that we share in that responsibility and that was one of the reasons it was turned around to put that burden on us. We are still asking to be reimbursed, but we are providing the funds to do that reimbursement. Councilwoman Shales: Yes, but the commitment is that you are - -- in order to be reimbursed something is going to have to happen, and I like that. Councilman Waters: I understand also from the comments last Thursday night and this evening, that you are limiting that reimbursement to the sales tax. Yet any increased benefit that the city might derive from an increase in the assessed valuation of that property, because of that project, the city would be the beneficiary of. Charles Burnidge: That is correct. The area that we had in the annexation agreement that dealt with that will be deleted, so we are nolonger discussing increased value of the property and the tax that is associated with that. Councilman Andersen: Charlie, would you entertain a notion that we pay back not more than 50% of our sales tax revenue in any given year, and take a maximum of twenty years to pay it back. VOLUME XLVIII 431 Charles Burnidge: As I mentioned the other evening I think that we have some flexibility there. I stated that at the meeting and afterwards we met with Dr. Sullivan to discuss that as an item. Could we have flexibility and he said yes on that, so we would certainly entertain that be a percent- age and a longer period of time. Now, whether it be 50% or not we would have to discuss that and .respond back to the Council. Councilman Andersen: I say 50% because the city will undoubtedly have to provide many services for that area and that will all cost money, and certainly some of that sales tax money would be useful. Charles Burnidge: Of course the increased property site tax would go to the city so their is some compensation in that area also. Mayor Verbic: You stated in the fourth year you would anticipate $400,000 in sales tax revenue. Charles Burnidge: In looking at the shopping center people we had asked that question of the,Melvin Simon Company concerning sales tax and they said at a mature, when the center is mature, in its fourth and fifth year, it should generate approximately $400,000 in sales tax. Now the first year a portion of the center would be built, only about 120,000 square feet. In the second year the second portion of the center would be built. The maximum that they are proposing sai,es tax revenue to the city based on the shopping center is $367,000 as opposed to $400,000, that is what is suggested. Mayor Verbic: The maximum in the fourth and fifth year. Charles Burnidge: In 1985 $105,000, in 1986 $333,000, in 1987 $367,000 and then the estimate remains constant from that year on and then other areas that are entering in are the sales tax generating from other areas of the center bringing it up to $400,000 in 1990. Councilman Hansen: I think there is an enormous amount of competition for these kind of developments. We are not in the good old days anymore where we can just fall into these so I have said before and I will restate that I think we have to do some cooperating and make a commitment to furnish the roads that will give these people access to the project. think that is why governmental units were formed and that is one of our tasks and I can appreciate the fact that these people want these improvements put in when they want.to attract their customers and not five years hence. I think it would also behoove us to really put the pressure on the State DOT to get some participation from them for the Route 31 improvements that are involved. That is a State route and regardless of the posture that they may 432 VOLUME XLVIII to take they have a responsibility to provide the roads and arterials that the citizens need. so I think that while this is still a concept, I can embrace the principal that it is based on. Councilman Gilliam: Are you saying that we should partici- pate 100% or we should negotiate. Councilman Hansen: Well I think Councilman Andersen's approach, while I have not thought it through entirely, is realistic, it would still leave us part of the sales tax revenue and still do the job. One way to look at that is if that were developed as pure office research and manufacturing we would not get any sales tax out of it, or very little at least. So I view the sales tax as a kind of a plum any way, and I bike Pete's idea for a starter. Councilman Gilliam: I hate to see us as a Council and I see this danger that we are seven people trying to negotiate with one individual and .Charles has his hand pretty well covered up and we seem to expose ours and we seem to negotiate at a disadvantage. I would hope that we would direct staff to negotiate it and not have seven individuals exposing our hand and maybe giving the ship away when we don't have to. Mayor Verbic: You are absolutely correct and I think brought that out last week. I have discussed several alternatives here such as the intersection improvement and the level of the street improvements up to the point of where the sales tax revenue would be generated. in other words you would not continue the improvement beyond the commercial business that would be the responsibility of the developer. Councilman Hansen: Maybe I could explain my position by citing an example. Recently the city and maybe some other local governmental units improved the intersection of Big Timber and McLean. Who did that benefit, that really benefited the increasing number of residents in West Century Oaks, Miller Davis Industrial complex and that was an intersection improvement that the governmental units felt that they needed to move people to their destinations and places of business. I view this as the same situation, the big difference here is that they would like to put the improvements in when they need them, not three years hence when we get around to heavy traffic jams and then decide we need them. That is the rational I use for supporting this kind of thing. Mayor Verbic: i don't think the Council at this particular point is willing to assume 100% reimbursement for the road improvements discussed this evening. Councilman Waters: Mr. Mayor, I would like to challenge that, I am not sure that we have a poll, I don't know that we have any vote, or any indication of that. We talk about '100% VOLUME XLVIII and we are talking about it on two different levels. One is a 100% reimbursement with a cost of those improvements The other is a percentage of sales tax applied each year to that 100% reimbursement. I think we ought not to confuse those two issues because I think we start throwing around 100% we are going to get those two intermingled. I am not sure that we have a consenus either way of the Council at' this point. Mayor Verbic: I think that any discussion right now is premature. I would like to see the staff dicuss with the developers the possibility of other alternatives which can be approached and I would like to have their recommendation also. Councilman Gilliam: Mr. Mayor, 1 would support that before we end up giving something away. I make a motion that we table this discussion and continue the Public Hearing to November 14th. Councilwoman Shales: I will second that. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING FOR THE HINCKLEY - SCHMITT INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES, City Clerk: The propose of the meeting is to hold a public hearing with regard to proposed financing on behalf of Hinckley & Schmitt, Notice of a public hearing on the proposed financing of industrial development facilities has, according to law, been duly given by publication of appropriate notice in the Daily Courier News on October 5, 1983. Mayor Verbic: This being the time and place specified in said notice for the conduct of a public hearing on the proposed financing of economic development facilities for` use by Hinckley & Schmitt, any resident, taxpayer or other interested person attending the hearing will now be given an opportunity to express his views for or against said proposed financing and the proposal for the City (a) to issue Industrial Development Revenue Bonds of the City in the principal amount of $1,000,000 for the purpose of financing the cost of such industrial development facilities, (b) to lend the bond proceeds to Hinckley & Schmitt for payment of the costs of acquisition and construction of such economic development facilities, (c) to secure the bonds by the execution of any indenture of trust with American National Bank and Trust Company of Chicago, as Trustee, and (d) to sell the Bonds to American National Bank and Trust Company of Chicago, as purchaser. Is there anyone in the audience who wishes to address this public hearing. 433 434 VOLUME XLVIII f Are there any questions from anyone on the Council, if not, I would like to call for a motion to close the public hearing, Councilman Gilliam made a motion, seconded by Councilman Waters, to close the public hearing, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, Councilman Gilliam made a motion, seconded by Councilman Hansen, that the aforementioned ordinance be passed. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 435 ORDINANCE NO. S4 -H- AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, OF AN INDUSTRIAL PROJECT CONSISTING OF LAND, BUILDINGS, IMPROVEMENTS, EQUIPMENT AND RELATED PROPERTY IN ORDER THAT HINCKLEY & SCHMITT MAY BE PROVIDED WITH FACILITIES TO RELIEVE CONDITIONS OF UNEMPLOYMENT WITHIN THE CITY THEREBY REDUCING THE EVILS ATTENDANT UPON UNEMPLOYMENT; AUTHORIZING THE ISSUANCE OF $1,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (HINCKLEY & SCHMITT PROJECT), SERIES 1983 IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS AND HINCKLEY & SCHMITT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST SECURING SAID BONDS; AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF SAID BONDS TO THE PURCHASER THEREOF AND RELATED MATTERS. WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "Issuer "), a municipality duly organized and validly existing under the Constitution and laws of the State of Illinois is a home rule unit of government pursuant to Section 6(a) of Article VII of the 1970 constitution of the State of Illinois; and WHEREAS, the Issuer is authorized by Ordinance No. S2 -80, as amended (the "Act ") to issue its revenue bonds to finance the costs of industrial projects to the end that the Issuer may be able to relieve conditions of unemployment, to maintain existing levels of employment and to encourage the increase of industry and commerce within the State of Illinois, thereby reducing the evils attendant upon unemployment and provide for the public safety, benefit and welfare of the residents of the State of Illinois; and WHEREAS, as a result of negotiations among the Issuer and Hinckley & Schmitt (the "Company ") and in reliance upon a resolution duly adopted by the City Council of the Issuer on July 11, 1983, and in reliance upon a Memorandum of Agreement between the Issuer and the Company dated July 11, 1983, the Company has entered into contracts for the acquisition, construction and installation of certain facilities for the processing and distribution of bottled water (hereinafter referred to as the "Project "), which will be of the character and accomplish the purposes provided by the Act, and the Issuer is willing to issue its revenue bonds to finance the cost of the Project and to enter into a loan agreement with the Company upon terms which will produce revenues and receipts sufficient to provide for the prompt payment at maturity of the principal, interest and redemption premiums, if any, on such revenue bonds, all as set forth in the details and provisions of the Loan Agreement hereinafter identified; and WHEREAS, it is necessary and proper for the interests and convenience of the Issuer and its inhabitants to authorize the financing of the Project; and WHEREAS, it is necessary to authorize the execution of a Loan Agreement between the Issuer, and the Company under the terms of which the Issuer will loan the proceeds of the sale of the revenue bonds to the Company to enable it to acquire, construct and install the Project for use as a facility for processing and distributing bottled water to be located within the corporate boundaries of the Issuer, the payments to be paid by the Company to the Issuer in repayment of the loan to be sufficient to pay at maturity the principal, interest and redemption premiums, if any, on the revenue bonds hereinafter authorized; and -2- WHEREAS, it is necessary for the Issuer to authorize, execute and deliver an Indenture of Trust to American National Bank and Trust Company of Chicago, Trustee (the "Trustee ") for the bond- holders pursuant to which the said revenue bonds will be issued; and WHEREAS, it is necessary to authorize the sale of said revenue bonds and to execute a Bond Purchase Agreement in connection therewith; and WHEREAS, the Issuer has caused to be prepared and presented to this meeting the following documents, which the Issuer proposes to enter into: I. The Loan Agreement dated as of September 15, 1983, between the Issuer and the Company (the "Loan Agreement "); 2. The Indenture of Trust dated as of September 15, 1983 (the "Indenture "), between the Issuer and the Trustee, setting forth terms, conditions and security requirements for the proposed bond issue to finance the Project and containing the form of the Issuer's Industrial Development Revenue Bonds (Hinckley & Schmitt Project), Series 1983 (the "Bonds ") to be issued in the aggregate principal amount of $1,000,00.0; and 3. The Bond Purchase Agreement to be dated as of the date hereof (the "Bond Purchase Agreement "), among the Issuer, the Company and American National Bank and Trust Company of Chicago, as Purchaser (the "Purchaser "); 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 form, terms and provisions of the proposed Loan Agreement and Indenture be, and they hereby are, —3— in all respects approved, and that the Mayor and the City Clerk of the Issuer be, and they are hereby authorized, empowered and directed to execute and deliver such instruments in the name and on behalf of the Issuer, to cause the Loan Agreement to be delivered to the Company and to cause the Indenture to be delivered to the Trustee; that the Indenture shall constitute a lien for the security of the t Bonds and upon all right, title and interest of the Issuer in and to the Loan Agreement (except for certain rights of the Issuer to indemnification and payment of expenses), the promissory note of the Company (the "Note ") delivered pursuant thereto, and in and to the payments, revenues and receipts payable to the Issuer pursuant thereto, and said revenues are hereby and in the Indenture pledged for such purpose; that the Loan Agreement and the Indenture are to be in substantially the respective forms thereof submitted to this meeting and hereby approved, with such changes therein as shall be approved by the officials of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the forms of the Loan Agreement and the Indenture hereby approved; and that from and after the execution and delivery of such instruments, the officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of such instruments as executed. The Issuer recognizes that the Bonds are further secured by a Mortgage and Security Agreement dated as of September 15, 1983 from the Company to the Trustee, creating a mortgage lien on and security interest in the Project. Err Section 2. That the form, terms and provisions of the proposed Bond Purchase Agreement, a copy of which is before this meeting, be, and it hereby is, in all respects approved, and that the Mayor and the City Clerk of the Issuer be, and they hereby are, authorized, empowered and directed to execute the Bond Purchase Agreement in the name and on behalf of the Issuer and thereupon to cause the Bond Purchase Agreement to be delivered to the Purchaser; that the Bond Purchase Agreement is to be in substantially the form thereof submitted to this meeting and hereby approved, with such changes therein as shall be approved by the officials of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions there- in from the form of such instrument hereby approved; that the Bond Purchase Agreement shall be entered into with such Purchaser as is approved by the Company by its execution of such Bond Purchase Agreement; and that from and after the execution and delivery of such instrument, the officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things necessary to carry out and comply with the provisions of such instrument as executed. Section 3. That the Mayor or the City Clerk of the Issuer be and are hereby authorized, empowered and directed to cause to be prepared an issue of $1,000,000 aggregate principal amount of the Bonds of the Issuer, bearing interest on the principal amount of the Bonds from time to time unpaid at a rate, except in the circum- stances hereinafter provided, equal to 71% (the "Applicable Percentage ") of the Prime Rate (as defined below) but not less than J%-per -5- annum nor greater than 11% per annum. In the event that the max- imum marginal federal income tax bracket for or as applied to corpo- rations pursuant to the Internal Revenue Code of 1954, as amended, or any future United States internal revenue or similar law applic- able to corporations (hereinafter, the "Tax Rate ") is more than or less than 46 %, the Applicable Percentage to be applied to the Prime Rate in order to determine the interest rate on the Bonds will be arrived at by multiplying the difference between 100% and the then applicable Tax Rate by 1.3148% (said Applicable Percentage fluctuating accordingly with changes from time to time in the Tax Rate). In the event there shall be a Determination of Taxability (as defined in the Loan Agreement), the Bonds shall bear interest at a rate equal to the Prime Rate plus 2% per annum, such increased interest rate to become effective on the date of the Event of Taxability. Installments of principal of and interest on the Bonds which are overdue shall bear interest (to the extent such interest shall be legally enforce- able) until paid, at a rate per annum equal to the Prime Rate plus 1% per annum, and after a declaration of default and an acceleration of the Bonds pursuant to the Indenture, at a rate per annum equal to the Prime Rate plus 2% per annum. The principal of the Bonds is pay- able in fifty -seven consecutive quarterly installments each in the amount of $17,241.37, commencing on July 1, 1984, and on each October 1, January 1, April 1 and July 1 thereafter to and including July 1, 1998, and a fifty- eighth and final installment of $17,241.91 due and payable on October 1, 1998. Interest on the Bonds shall be payable quarterly on each January 1, April 1, July 1 and October 1, commencing January 1, 1984, to and including aCtober 1, 1998. "Prime Rate" shall mean the rate announced from time to time by American National Bank and Trust Company of Chicago at its principal office in Chicago,.Illinois, as its prime rate. The Bonds shall be subject to mandatory and optional redemption as set forth in the Indenture, as executed. The Bonds shall be in such form and shall have the other terms and provisions specified in said Indenture (as executed and delivered); the Bonds shall be executed and attested in the name of the Issuer with the manual signature of the Mayor and the manual signature of the City Clerk of the Issuer; the seal of the Issuer shall be affixed thereto or imprinted thereon; the Mayor Mayor or City Clerk of the Issuer shall cause the Bonds, as so exe- cuted and attested, to be delivered to the Trustee for authentication and the Trustee is hereby requested to authenticate $1,000,000 aggre- gate principal amount of the Bonds; and the form of the Bonds submitted to this meeting as the same appears in the Indenture, subject to appropriate insertion and revision in order to comply with the provi- sions of said Indenture be, and the same hereby is, approved, and when the same shall be executed on behalf of the Issuer in the manner contemplated by the Indenture and this Ordinance in the aggregate principal amount of $1,000,000, they shall represent the approved form of the Bonds of the Issuer. Section 4. That the Mayor or City Clerk of the Issuer be and are hereby authorized, empowered and directed to issue and sell to the Purchaser $1,000,000 principal amount of the Bonds, at a price of 100% of the principal amount thereof, as provided in the Bond Purchase Agreement. Section 5. That the Bonds are a limited obligation of the Issuer payable solely from payments of principal, premium, if any, -7- and interest made by the Company on the Note in substantially the form attached to the Loan Agreement, except to the extent that the principal of, premium, if any, and interest on the Bonds may be paid out of money attributable to Bond proceeds or from temporary investments, or from other moneys, if any, accruing to the Trustee for the benefit of the holders of the Bonds; that the Bonds do not and shall never constitute an indebtedness of the Issuer or a charge against the taxing power of the Issuer; that it shall be stated on the face of the Bonds that they have been issued under the provisions of the Act and that they do not constitute an indebtedness of the Issuer nor a loan of credit thereof within the meaning of any consti- tutional or statutory provision; and that by the Indenture, the Issuer will assign or pledge to the Trustee certain of the Issuer's rights under the Loan Agreement, including the right of the Issuer to receive , payments under the Note, all as security for the payment of the Bonds. Section 5. That from and after the execution and delivery of said documents, the proper officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of said documents as executed and to further the purposes and intent of this Ordinance, including the preamble hereto. Section 7. That all acts and doings of the officials of the Issuer which are in conformity with the purposes and intent of this Ordinance and in furtherance of the issuance and sale of the Bond in the aggregate principal amount of $1,000,000 and -the financ- ing of the Project to that amount be, and the same hereby are, in -- VOLUME XLVIII all respects, approved and confirmed. 443 Section 8. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision shall, for any reason, be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 9. That all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed, and this Resolution shall be effective immediately upon its adoption and approval as provided by law. Introduced and filed with City Clerk: October 24 , 1983. Passed: October 24 1983.. ATTEST: s/ Marie Year an City Clerk APPROVED: s/ Richard L. Verbic Mayor 444 VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Fox Valley Fence $13,363.00 Fencing for 2 ball fields. Suburban Trim & Glass 1,526.20 Board -up services to 156 S. Grove after fire. United Diesel Service 7,271.66 Engine and transmission repairs to several buses. Speer Financial, Inc. 2,500.00 Issuance of IRB for the Flexicon Company. Ruperto Acevedo 702 Grace St. 3,118.00 Residential Rebate Program. Idamae Montgomery 34 N. Worth 1,657.57 Residential Rebate Program.. Councilman Gilliam made a motion, seconded by Councilman Andersen, to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING CHAPTER 19.44 OF THE ELGIN MUNICIPAL CODE ENTITLED OFF- STREET PARKING/OFF-STREET LOADING Councilman Gilliam: Is this being done for some particular reason or particular company. Leo Nelson: It was initiated by the Chamber of Commerce asking for certain consideration to amend the parking lots as applied to existing parking lots. It does not apply to new lots. The matter was then brought by the staff after you agreed at a Committee of the Whole Meeting to have that matter brought to the Planning Commission and it now back to you for your approval. Councilwoman Shales made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. G45 -83 AN ORDINANCE AMENDING CHAPTER 19.44 OF THE ELGIN MUNICIPAL CODE ENTITLED OFF- STREET PARKING /OFF- STREET LOADING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.44.150 of Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "19.44.150 Applicability 445 A. For new parking lot construction on a developed or undeveloped site, for new building construction on an undeveloped site, or for the complete redevelopment of a site, the city shall require full compliance with this chapter. The city shall require the submission and approval of a site plan that shall include provisions for access, surfacing, curbing where applicable, drainage, setbacks, screening and landscaping where applicable, striping, and required spaces. The parking lot shall be constructed to the specifications of the approved site plan. B. For one or more structural expansions of an existing use, where the expansion(s) exceed(s) twenty -five percent of the gross floor area, the city shall require partial compliance with this chapter. The city shall require the submission and approval of a site plan that shall include provisions for access, surfacing, drainage, setbacks providing the space is available, screening and landscaping where applicable and providing the space is available, striping, and required spaces. The parking lot shall be constructed to the specifications of the approved site plan. C. If a required expansion to an existing parking, area occurs due to a change in use or occupancy, due to the structural expansion of an existing use, or if additional parking is desired by the property owner or the occupant, the city shall require the following: 1. For an expansion of less than fifty percent of the existing number of parking spaces, the city shall require partial compliance with this chapter. The city shall require the submission and approval of a site plan that shall include provisions for access, surfacing, drainage, setbacks providing the,space is available, screening and landscaping where applicable, striping, and required spaces. The parking lot shall be constructed to the specifications of the approved site plan. 2. For an expansion of more than fifty percent of the existing number of parking spaces, the city shall require that both the existing parking area and the additional parking area be constructed in full com- pliance with this chapter. The city shall require the submission and approval of a site plan that shall include provisions for access, sur- facing, curbing where applicable, drainage, setbacks providing the space is available, screening and landscaping where applicable and providing the space is available, striping, and required spaces. The parking lot shall be constructed to the specifications of the approved site plan. D. For all existing substandard parking areas established prior to June 27, 1973 and not in compliance with the applicable standards t in effect prior to June 27, 1973, namely access, paving, screening for parking areas adjacent to a residence district, striping, and required spaces; the city shall require full compliance with this chapter, prior to its use if the zoning classification of the property is changed. The city shall require the submission and approval of a site plan that shall include provisions for access, surfacing, curbing where applicable and providing the space is available, drainage, set- backs providing the space is available, screening and landscaping where applicable and providing the space is available, striping, and required parking spaces providing the space is available. E. For all existing substandard parking areas established prior to June 27, 1973 and not in compliance with the applicable standards in effect prior to June 27, 1973, if the existing parking area is determined to be a public nuisance by the land use administrator and the city engineer, or if the property owner or occupant desires to pave or substantially reconstruct the existing parking area; the city shall require full compliance with this chapter, prior to its use if the zoning classification of the property is changed The city shall require the submission and approval of a site plan that shall include provisions for access, surfacing, curbing where applicable and providing space is available, drainage, setbacks providing the space is available, screening and landscaping where applicable and providing the space is available, striping, and required parking spaces providing the space is available. A public nuisance shall include the generation of dust, storm - water runoff onto adjoining property, erosion onto sidewalks, streets or adjoining property, spill -over of 'light onto adjoining property, vehicular access which is unsafe or constructed with inadequate vehicular circula- tion, or vehicular' encroachment onto adjoining property. F. For all municipally owned and /or operated parking areas located within parks or golf courses, the city shall require partial compliance with this chapter. The city shall require the submission and approval of a site plan that shall include provisions for access, surfacing, drainage, setbacks, striping, and required spaces. The parking lot shall be constructed to the specifications of the approved site plan." 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/ Richa rd Lo Verbic Richard L: Verbic, Mayor VOLUME XLVIII Presented: October 24, 1983 Passed: October 24, 1983 Vote: Yeas 7 Nays 0 Recorded:- Attest: � s/ Marie Ye man � Marie Yearman, City Clerk-- ORDINANCE PASSED AMENDING ORDINANCE S2-83 ENTITLED "AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF EEG-IN (Apostolic C urc Councilman Waters made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 447 448 VOLUME XLVIII Ordinance No. S3 -83 AN ORDINANCE A1v1ENDING ORDINANCE S2 -83 ENTITLED "AN ORDINANCE ANNaING CERTAIN TERRITORY IO THE CITY OF ELGIN (Apostolic Church)" W11ER£AS, on September 26, 1983 the City Council of the City of Elgin annexed certain property to the City of Elgin; and WHEREAS, the annexing ordinance contained an incorrect legal descrip- tion; and WHEREAS, all other legal prerequisites to the annexation have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance S2 -83 entitled "An Ordinance Annexing Certain Territory to the City of Elgin (Apostolic Church)" be and is hereby repealed. Section 2. 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 Lie corporate boundaries of the City of Elgin said territory: PARCEL NO. 1 That part of Sections 8 and 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Section 8; thence North 89 degrees 41 minutes 46 seconds West along the North line of said Section 8, a distance of 1134.97 feet (record being 1139.38 feet); thence South 00 degrees 02 minutes 50 seconds west, along a line that if extended Southerly would intersect the South line of said Section 8 at a point that is 1067.26 feet (record being 1065.24 feet) Westerly of, as measured along said South line, the Southeast corner of said Section 8, (this line hereafter referred to as "line A "), a distance of 370.0 feet; thence North 49 degrees 44 minutes 45 seconds West, a distance of 410.0 feet; thence North 40 degrees 15 minutes 15 seconds East, a distance of 50.0 feet; thence North 49 degrees 44 minutes 45 seconds West, a distance of 200.0 feet; thence North 18 degrees 15 minutes 15 seconds East, a distance of 360.0 feet; thence North 78 degrees 44 minutes 45 seconds West, a distance of 310.0 feet; thence South 34 degrees 15 minutes 15 seconds [,lest, a distance of 310.0 feet; thence South 00 degrees 18 minutes 14 seconds West, a distance of 204.24 feet to the South line of the Southeast quarter of Section 5, Township and Range aforesaid; thence South 89 degrees 41 minutes 46 seconds East, along said South line, a distance of 360.40 feet to a point that is 440.0 feet Westerly of "Line A ", as measured along the South line of said Section 5;;thence South 00 degrees 02 minutes 50 seconds West, parallel with said "Line A ", a distance of 884.95 feet; thence South 89 degrees 57 minutes 10 seconds East, a distance of 407.0 feet to a point on a line that is 33.0 feet Westerly of, as measured at right angles and parallel with said "Line A "; thence South 00 degrees 01 minutes 50 seconds West, along said parallel line, a distance of 386.51 feet for the point of beginning; thence continuing South 00 degrees 02 minutes 50 seconds West, along said parallel line, a distance of 1400.00 feet to the center fine of Highland Avenue Road as platted on West Highland acres, being a subdivision of part of said Section 8; thence South 44 degrees 19 minutes 17 seconds East, along said center line, a distance of 47.19 feet; thence South 44 degrees 36 minutes 23 seconds East, -2- along the center line of Highland Avenue Road as platted on the Third Addition to Almora Heights, being a subdivision of part of Section 8 and 17, a distance of 311.25 feet; thence Southerly, along said center line, being along a curve to the left having a radius of 8040.94 feet and being tangent to the last described course, a distance of 310.03 feet to a line drawn Southwesterly, forming an angle of 100 degrees, 21 minutes 32 seconds with the South line of the Northeast quarter of said Section 8, measured clockwise from the East, from a point on said South line of the Northeast quarter that is 586.10 feet Westerly of, as measured along said South line, the South East corner of said Northeast quarter; thence North 09 degrees 53 minutes 43 seconds East, along said line, a distance of 471.64 feet to said point on the South line of the Northeast quarter; thence North 89 degrees 32 minutes 11 seconds East, along said South line, a distance of 576.99 feet to the Westerly right of wav line of Randall Road; thence Northerly, along said Westerly right of way line, being along a curve to the right, having a radius of 2361.83 feet, a distance of 380.11 feet; thence North 22 degrees 59 minutes 59 seconds East, along said Westerly right of way line, tangent to the last described curve, a distance of 133.22 feet; thence Northeasterly, along said Westerly right of way line, being along a curve to the left having a radius of 15,556.13 feet and being tangent to the last described course, a distance of 547.28 feet; thence North 74 degrees 42 minutes 18 seconds West, a distance -3- of 1562.43 feet to the point of beginning, being situated in Elgin Township, Kane County, Illinois and containing 40.00 acres, more or less. PARCEL NO. 2: The South half of Highland Avenue lying adjacent to the above described property. PARCEL NO. 3: That part of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian lying Easterly of and adjacent to the above described Parcel No. 1 and lying between the old westerly right of way line of Randall Road and the new Westerly right of way line of Randall Road, Being situated in Elgin Township, Kane County, Illinois. Section 3. 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: Parcel No. 1 That part of the East half of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the South- east corner of said Section 8; thence North 89 degrees 54 minutes West along the South line of said Section 1065.24 feet; thence North 875.82 feet to the Northeasterly corner of Lot 14 in Block 3 of Third Addition to Almora Heights; thence North 74 degrees 06 minutes West 2114.2 feet; thence North 13 degrees 22 minutes East 2443.7 feet to the center line of Highland Avenue Road; thence Southeasterly along said center line 71.56 feet; thence North 1 degree 33 minutes East to the North line of the Northeast quarter of said Section 8; thence South 89 degrees 48 minutes 19 seconds East along said North line 917.52 feet; thence South 0 degrees 04 minutes 31 seconds East 884.74 feet; thence North 89 degrees 55 minutes 02 seconds East 406.81 feet for the point of beginning; thence South 89 degrees 55 minutes 02 seconds West 439.81 feet; thence South 0 degrees 04 minutes 38 seconds East, 1343.04 feet to the center line of Highland Avenue Road; thence South 45 degrees 48 minutes 56 seconds East along the center line of Highland Road 75.49 feet to an angle in said center line; thence South 44 degrees 41 minutes 27 seconds East, along the center line of Highland Avenue Road, 549,25 feet to a line drawn South 0 degrees 04 minutes 38 seconds East from the point of beginning; the North 0 degrees 04 minutes 38 seconds West 1786.76 feet to tTie point of beginning, in the Township of Elgin, Kane County, Illinois and containing 15.791 Acres more or less. -4- 452 VOLUME XLVIII Parcel No. 2 The South half of Highland Avenue lying adjacent to Parcel No. 1 Section 3. 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 4. That this ordinance shall be in full force and effect from and after its passage as provided by law. s/ Richard L. Verbic ar L. er ic, Mayor Presented: October 24, 1983 Passed: October 24, 1983 Vote: Yeas 7 Nays 0 Recorded: Published Attest: s/ Marie Yea an Marie Yearman, City Cler- ORDINANCE PASSED AMENDING AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY Burni ge Property Councilman Andersen made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. -5- VOLUME XLVII{ 453 Ordinance No. G46 -83 AN ORDINANCE AMENDING AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Burnidge Property) WHEREAS, on September 26, 1983 the City Council of the City of Elgin passed Ordinance No. G42 -83 entitled An Ordinance Classifying Certain Newly Annexed Territory (Burnidge Property) ; and WHEREAS, said ordinance inadvertently included an erroneous legal description. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance G42 -83 entitled An Ordinance Classifying Certain Newly Annexed Territory (Burnidge Property) be and is hereby repealed. Section 2. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in R -2, Single Family Residence District, the following described property: PARCEL NO. 1 That part of Sections 8 and 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Section 8; thence North 89 degrees 41 minutes 46 seconds West along the North line of said Section 8, a distance of 1134.97 feet (record being 1139.38 feet); thence South 00 degrees 02 minutes 50 seconds West, along a line that if extended Southerly would intersect the South line of said Section 8 at a point that is 1067.26 feet (record being 1065.24 feet) Westerly of, as measured along said South line, the Southeast corner of said Section 8, (this line hereafter referred -fo as "line A "), a distance of 370.0 feet; thence North 49 degrees 44 minutes 45 seconds West, a distance of 410.0 feet; thence North 40 degrees 15 minutes 15 seconds East, a distance of 50.0 feet; thence North 49 degrees 44 minutes 45 seconds West, a distance of 200.0 feet; thence North 18 degrees 15 minutes 15 seconds East, a distance of 360.0 feet; thence North 78 degrees 44 minutes 45 seconds West, a distance of 310.0 feet; thence South 34 degrees 15 minutes 15 seconds West, a distance of 310.0 feet; thence South 00 degrees 18 minutes 14 seconds West, a distance of 204.24 feet to the South line of the Southeast quarter of Section 5, Township and Range aforesaid; thence South 89 degrees 41 minutes 46 seconds East, along said South line, a distance of 360.40 feet to a point that is 440.0 feet Westerly of "Line A ", as measured along the South line of said Section 5;thence South 00 degrees 02 minutes 50 seconds West, parallel with said "Line A ", a distance of 884.95 feet; thence South 69 degrees 57 minutes 10 seconds East, a distance of 407.0 feet to a point on a line that is 33.0 feet Westerly of, as measured at right angles and parallel with said "Line A "; thence South 00 degrees 01 minutes 50 seconds Pest, along said parallel line, a distance of 386.51 feet for the point of beginning; thence continuing South 00 degrees 02 minutes 50 seconds West, along said parallel line, a distance of 1400.00 feet to the center lane of Highland Avenue Road as platted on West Highland acres, being a subdivision of part of said Section 8; thence South 44 degrees 19 minutes 17 seconds East, along said center line, a distance of 47.19 -2- feet; thence South 44 degrees 36 minutes 23 seconds East, along the center line of Highland Avenue Road as platted on the Third Addition to Almora Heights, being a subdivision of part of Section 8 and 17, a distance of 311.25 feet; thence Southerly, along said center line, being along a curve to the left having a radius of 8040.94 feet and being tangent to the last described course, a distance of 310.03 feet to a line drawn Southwesterly, forming an angle of 100 degrees, 21 minutes 32 seconds with the South line of the Northeast quarter of said Section 8, measured clockwise from the East, from a point on said South line of the Northeast quarter that is 586.10 feet Westerly of, as measured along said South line, the South East corner of said Northeast quarter; thence North 09 degrees 53 minutes 43 seconds East, along said line, a distance of 471.64 feet to said point on the South line of the Northeast quarter; thence North 89 degrees 32 minutes 11 seconds East, along said South line, a distance of 576.99 feet to the Westerly right of way line of Randall Road; thence Northerly, along said Westerly right of way line, being along a curve to the right, having a radius of 2361.83 feet, a distance of 380.11 feet; thence North 22 degrees 59 minutes 59 seconds East, along said Westerly right of way line, tangent to the last described curve, a distance of 133.22 feet; thence Northeasterly, along said Westerly right of way line, being along a curve to the left having a radius of 15,556.13 feet and being tangent to the last described course, a distance of 547.28 feet; thence North 74 degrees 42 minutes 18 seconds West, a distance -3- 456 VOLUME XLVIII of 1562.43 feet to the point of beginning, being situated in Elgin Township, Kane County, Illinois and containing 40.00 acres, more or less. PARCEL NO. 3: That part of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian lying Easterly of and adjacent to the above described Parcel No. 1 and lying between the old Westerly right of way line of Randall Road and the new Westerly right of way line of Randall Road. Being situated in Elgin Township, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 24, 1933 Passed: October 24, 1983 Vote: Yeas 7 iQays 0 Recorded: Publisned: Attest: s/ Marie Yea an Marie Yearman, City Clem ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE PERTAINING TO FINAL PLATS Councilwoman Shales made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance; Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 457 Ordinance No. G44 -83 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE PERTAINING TO FINAL PLATS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 18,20, Section 18.20.040B entitled "Mortgagee's Certificate" be and is hereby amended to read as follows: "MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS ) COUNTY OF ) ss CITY OF ELUTN ) This is to certify that the undersigned is the mortgagee of the land described in the annexed plat, and consents to the sub- division of the said land as shown on this plat. Address Dated this day of 19.11 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 ten days after passage and publication in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: October 24, 1983 Passed: October 24, 1983 Vote: Yeas 7 Nays 0 Recorded: Published: tt st: s/ Marie Year i Marie Yearman, City Clerk 458 VOLUME XLVIII ACCEPTANCE OF UNDERGROUND UTILITIES IN PHASES I AND TOF KENNINGTO _SQUARE Councilman Schmidt made a motion, seconded by Councilman Hansen, to accept the underground utilities in Phases 1 and 2 of Kennington Square. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. AUTHORIZATION TO SET PUBLIC HEARING ON OCTOBER 31 AT Pam. FOR THE SHERMAN HOSPITAL INDUSTRIAL REVENUE BOND PROJECT Councilman Gilliam made a motion, seconded by Councilman Schmidt, to set a public hearing on October 31, 1983, at 7:00 p.m.,; to consider the Sherman Hospital Industrial Revenue Bond project. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF FLUID CIONSERVATION SYSTEMS CORPORATION Councilman Andersen made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 459 RESOLUTION ACCEPTING THE PROPOSAL OF FLUID CONSERVATION SYSTEMS CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to accept the proposal of Fluid Conservation System Corporation for a water leak survey, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: October 24, 1983 Adopted: October 24, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING GERALDINE C. CRIDER AS A MEMBER OF THE HUMAN RELATIONS COMMISSION Councilman Gilliam made a motion, seconded by Councilman Schmidt,, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Han en, Schmidt, Shales, Waters and Mayor Verbic, Nays: None, 460 RESOLUTION APPOINTING GERALDINE C. CRIDER AS A MEMBER OF THE HUMAN RELATIONS COMISSION VOLUME XLVl1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Geraldine C. Crider be and is hereby appointed as a member of the Human Relations Commission to fill the unexpired term of John Blackman, for a term to expire May 1, 1984. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 24, 1983 Adopted: October 24, 1983 Vote: Yeas j Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING OLUFEMI 0. FOLARIN AS A MEMBER OF THE HUMAN RELATIONS COMMISSION Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII ANNOUNCEMENTS 483 Mayor Verbic made announcements relative to forthcoming meetings, ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Gilliam, to adjourn the Council meeting and reconvene the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen; Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:40 p.m. Marie Yearmai,, City Clerk VOLUME XLVIII 461 RESOLUTION APPOINTING OLUFEMI 0. FOLARIN AS A M1MER OF THE HUMAN RELATIONS COMMISSION BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi 0. Folarin be and is hereby appointed as a member of the Human Relations Commission to fill the unexpired term of Lee Muller, for a term to expire May 1, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 24, 1983 Adopted: October 24, 1983 Vote: Yeas 7 Nays 0 Recorded: t AAtt�est: S/ Marie Year an Marie Yearman, City Clerk Councilman Gilliam made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 462 VOLUME XLVIII ORDINANCE NO. SS -83 AN ORDINANCE providing for borrowing money and issuing bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the amount of $2,180,000 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. G22 -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. 64 -80 adopted on October 8, 1980 and by Ordinance No. G39 -82 adopted on July 28, 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 purchase land and construct a new fire station; purchase equipment for a communication center, make alterations to existing police and fire buildings, construct street improvements and purchase fire equipment, all in accord with the plans prepared by John A. waoicn and the City E,igineering Department and now on file in the office of the Purchasing-- Officer and available for public inspection (the "Project "), all at an estimated cost of $ 2,180,000 , 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 $2,180,000 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 $2,180,000 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. Findings. That the City Council of the City hereby finds and determines that the borrowing of $2,180,000 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. Authorization. That in order to raise the sum of $2,180,000 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 $2,180,000 and to evidence said loan the bonds of the City be issued. Each of the Bonds shall be designated "Corporate Purpose Bond, Series 19$3," and become due serially on'January l of each of the years, in the amounts and bear interest annually at the rates as follows: Year of Principal Rate of Maturity Amount Interest 1985 $105,000 8.30% 1986 175,000 8.30 % 1987 175,000 8.30% 1988 200,000 8.30% 1989 200,000 8.30% 1990 225,000 7,75 % 1991 250,000 7.90 % 1992 275,000 8.10% 1993 275,000 8.30% 1994 300,000 8.30% -3- The Bonds shall be dated November 1, 1983, and shall also bear the date of authentication, shall be in fully registered form, shall be in denominations of $5,000 each and authorized integral multiples thereof (but no single Bond shall represent installments of principal maturing on more than one date) and shall be numbered 1 and upward. The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of the Bonds is paid, such interest (computed upon the basis of a 360 -day year of twelve 30 -day months) being payable on the first day of July, 1984 and semi- annually.therea£ter on each January 1 and July 1. Interest on each Bond shall be paid by check or draft of Continental Illinois National Bank and Trust Company of Chicago, Chicago, Illinois (the "Bond Registrar "), payable upon presentation in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the 15th day of the month next preceding the interest payment date. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation at the corporate trust office of the Bond Registrar in Chicago, Illinois. The Bonds shall be signed by the facsimile signatures of the Mayor and Clerk of the City, and shall have affixed thereto or imprinted thereon the seal of the City and in case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall ti -4- nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authen- tication substantially in the form hereinafter set forth duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by the Bond Registrar if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authenti- cation on all of the Bonds issued hereunder. Section 3. Registration of Bonds; Persons Treated as Owners. The City shall cause books (the "Bond Register ") for the registration and for the transfer of the Bonds as provided in this ordinance to be kept at the corporate trust office of the Bond Registrar in Chicago, Illinois, which is hereby constituted and appointed the registrar of the City. The City is authorized to pre- pare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Upon surrender for transfer of any Bond at the corporate trust office of the Bond Registrar in Chicago, Illinois, duly en- -5- dorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Bond Registrar and duly executed by, the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity of authorized denominations, for a like aggregate principal amount., Any fully registered Bond or Bonds may be exchanged at said office of the Bond Registrar for a like aggregate principal amount of Bond or Bonds of the same maturity of other authorized denominations. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond, provided, however, the principal amount of outstanding Bonds of each maturity authenticated by the Bond Registrar shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange any Bond following the close of business on the 15th day of the month next preceding any interest payment date on such Bond. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. M No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 4. Form of Bond. The Bonds shall be prepared in compliance with the National Standard Specifications for Fully Registered Municipal Securities prepared by the American National Standards Institute and shall be in substantially the following form; provided, however, that if the text of the Bond is to be printed in its entirety on the front side of the Bond, then paragraph [2] and the legend, "See Reverse Side for Additional Provisions ", shall be omitted and paragraphs [6] through [9] F shall be inserted immediately after paragraph [1]: -7- N REGISTERED NO. (Form of Bond - Front Side) UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTIES OF KANE AND COOK CITY OF ELGIN CORPORATE PURPOSE BOND, SERIES 1983 :See Reverse Side: :for Additional :Provisions Interest Maturity Rate: % Date: January 1, Registered Owner: Principal Amount: REGISTERED Dated Date: November 1, 1983 CUSIP [1] KNOW ALL MEN BY THESE PRESENTS, that the City of Elgin, Kane and Cook Counties, Illinois (the "City "), hereby acknow- ledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter`provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360 -day year of twelve 30 -day months) on such Principal Amount from the date of this Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum set forth above on July 1, 1984 and semi- annually thereafter on each "J anuary 1 and July 1 until said fi Principal Amount is paid. The principal of this Bond is payable in lawful money of the United States of America at the corporate trust office of Continental Illinois National Bank and Trust Company of Chicago, in Chicago, Illinois, as bond registrar and paying agent (the "Bond Registrar "). Payment of the installments of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the 15th day of the month next preceding each interest payment date and shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. For the prompt payment Of this Bond, both principal and interest at maturity, the full faith, credit and resources of the City are hereby irrevocably pledged. [2] Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof and such further provisions shall for all purposes have the same effect as if set forth at this place. [3] 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 6� 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. [4] This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. [51 IN WITNESS WHEREOF, the City of Elgin, Kane and Cook Counties, Illinois, by its City Council, has caused the City seal to be affixed hereto or imprinted hereon and this Bond to be signed by the duly authorized facsimile signatures of the Mayor and Clerk of the City, all as of the Dated Date identified above. (SEAL) -10- (Facsimile Signature) Mavnn (Facsimile Signature) City Clerk Date of Authentication: CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Bond Ordinance and is one of the Corporate Purpose Bonds, Series 1983 of the City of Elgin Kane and Cook Counties, Illinois. Continental Illinois National Bank and Trust Company of Chicago as Bond Registrar By (Manual Signature) Authorized Officer Bond Registrar and Paying Agent: Continental Illinois National Bank and Trust Company of Chicago [Form of Bond - Reverse Side] City of Elgin Kane and Cook Counties, Illinois Corporate Purpose Bond, Series 1983 [6] This Bond is one of a series of Bonds issued by the City for the purpose of paying the cost of acquiring and constructing Public improvements in and for 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 (the "Bond Ordinance "). -11- [7] This Bond is transferable by the registered holder hereof in person or by his attorney duly authorized in writing at the corporate trust office of the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. [8] The Bonds are issued in fully registered form in the denomination of $5,000 each or authorized integral multiples thereof. This Bond may be exchanged at the corporate trust office of the Bond Registrar in Chicago, Illinois for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth, in the Bond Ordinance. [9] The City and the Bond Registrar may deem and treat the registered holder hereof as the absolute owner hereof for the purpose of receiving payment of or on account of prin- cipal hereof and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. -12- (ASSIGNMENT) FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Name and Address of Assignee the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registra- tion thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 5. Tax Levy. 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 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 1983 $ 312,844.58 for interest and principal up to and including J anuary 1, 1985 1984 $ 344,437.50 for interest and principal 1985 $ 329,912.50 for interest and principal 1986 $ 340,387.50 for interest and principal 1987 $ 323,787.50 for interest and principal 1988 $ 332,187.50 for interest and principal 1989 $ 339,750.00 for interest and principal 1990 $ 345,000.00 for interest and principal 1991 $ 322,725.00 for interest and principal 1992 $ 324,900.00 for interest and principal -1 3_ 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. Filing of Ordinance. That forthwith as soon as this ordinance becomes effective, a copy hereof certified by the Clerk of the City, shall be filed with the County Clerks of Kane and Cook Counties, Illinois, and said County Clerks shall, in and for each of the years 1983 to 1992, 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 collection 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. -14- Section 7. Sale of Bonds. That forthwith after this ordinance has become effective as provided by law, the Bonds shall be executed and delivered to the Treasurer of the City and be by Cbnt rental Illinois National Bank and him delivered to Trust Ccnpanv of Chicago , 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 $ 6.09 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 appoint- ment, 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. Section 8. Project Fund; Bond Fund. From the amounts received upon the sale of the Bonds, principal proceeds in the amount of $2,180,000 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, in- cluding 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, 1984 and, to that end, is hereby ordered deposited into the "Corporate Purpose -15- Bonds, Series 1983 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 9. Non- Arbitrage. 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 of $ 1,980,000 , such sum being not less than 2 -1/2% of that portion of the Project to be financed with proceeds of the Bonds. (b) Over $ 2,180,000 of the money derived from the sale of the Bonds and deposited in the Project Fund will be expended on or before October 15 , 1.9'86, 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 "I p-.rtion. of the acquisitions u[' improve- " 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. -16- (f) The City will receive par plus accrued interest and $ premium from the sale of the Bonds. "Accrued interest and premium are to be deposited in the Bond Fund to pay interest coming due on the Bonds up to and including 'July 1, 1984. (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 then current 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 one year period beginning on the date of receipt. (h) The foregoing statements of expectation are based upon the following facts and estimates: (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 antcipated'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 John Wabicn, the city purchasing agent and city engineer 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 and the expectations hereinabove set out are reasonable. (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. —17— 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 bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and any lawful regulations promulgated thereunder, including Treas. Reg. §$1.103 -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. Registered Form. The City recognizes that Section 103(,1) of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. -Is- Section 11. List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the holders of all Bonds and upon any transfer shall add the name and address of the new Bondholder and eliminate the name and address of the transferor Bondholder. Section 12. Duties of Bond Registrar. If requested by the Bond Registrar, the Mayor and Clerk of the City are authorized to execute the Bond Registrar's standard form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar hereunder which may include the following: (a) to act as bond registrar, authenticating agent, paying agent and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential; (c) to cancel and /or destroy Bonds which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Bonds cancelled and /or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. Section 13. Publication. 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 14. Repeal; Effective Date. That all Ordinances, resolutions and orders, or parts thereof, in conflict herewith, are to the extent of such conflict, hereby repealed and this VOLUME XLVIII 481 ordinance shall be in full force and effect upon its passage, approval and publication thereof as provided by law. Adopted" October 24, 1983 Approved: s/ Richard L. Verbic Mayor, City of Elgin, Kane and Cook Counties, Illinois s/ Marie Yea4 City Clerk, City of Elgin, Kane and Cook Counties, Illinois -20- 482 VOLUME XLVI11 e l' REPORTS RECEIVED AND ORDERED PLACED ON FILE - Sales Tax Revenue Report for July, 1983 Public Property and Recreation Board Minutes 9/27/83 Water Department Report for September, 1983 Cemetery Report for September, 1983 Board of Health Minutes 7/11/83 Building Permit Report for September, 1983 Budget Summary dated October 7, 1983 Councilman Gilliam made a motion, seconded by Councilwoman Shales, to place the aforementioned reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Michael Williams, 827 Orange Street: l would like to bring to the attention of the Council about an ordinance that I think needs to be passed. That is the sales of martial arts weapons in the city limits of Elgin. These are known as steel throwing stars and when thrown by anybody it will stick into almost anything, very easily the body of a person. These particular items here were sold to my oldest boy who is 14 years old by Master Kim's Karate School in downtown Elgin. All of the weapons that he sells and all of the weapons are silent and very dangerous, just as dangerous as any gun. Councilman Schmidt: I feel that this citizen has a very valid complaint here and I like to make a recommendation that we have our legal staff look into this a little further to see if an ordinance is possible to prohibit this sort of thing. Chief Baird: We are aware of the information that Mr. Williams brings to your attention. The statutes donot preclude the selling of this type of weapon or the possession to either a juvenile or adult. We are in contact with our legal staff, Mr. Blondin, and he is in the process of checking to see if the city could pass an ordinance that would preclude the sale of this type of weapon to persons ender the age of seventeen. Pat Isabue, 561 Raymond St.: My son is a junior at Elgin High School and he does see these weapons in the High School. I think that maybe the school personnel should be talked to about this problem. VOLUME XLVIII October 31, 1983 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 October 31, 1983, at 7:05 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 A- ndersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: Councilman Gilliam. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. BIDS TABLED FOR NEW FIRE STATION ON SUMMIT STREET Mike Sa'ri".o: The summary of the to i4 have received indicates quite a bi to the architect's estimate. The process of evaluation to determine $200,000 overage and they are not detail this evening because there to be looked at. 484 w responsive bids you t of overage in comparasion staff is still in the the reason for the prepared to go into are a number of alternatives The staff would like to have the bids tabled for two weeks in order to give them the opportunity to further investigate the bids, possible changes in the type of fill material used, a change in the type of brick, and the possibility of not finishing the basement. Councilman Hansen asked if there was any response from the architect. Mike Sarro: He was able to identify half of the overage, but he missed badly in estimating the excavation and site work. Councilman Water made a motion, seconded by Councilwoman Shales to table the bids for two weeks. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 485 VOLUME XLVIII PUBLIC HEARING FOR THE SHERMAN HOSPITAL/ SLADE AVENUE PARTNERSHIP INDUSTRIAL DEVELOPMENT REVENUE BONDS City Clerk: Notice is hereby given that a public hearing wil be held by the City Council of the City of Elgin, Illinois (the City) at 7:00 p.m., on Monday, October 31, 1983, in the Council Chambers at the Municipal Building, 150 Dexter Court, Elgin, Illinois 60120, regarding the proposed issuance by the City of its Economic Development Revenue Bonds, Series 1983 (Slade Avenue Partnership Project) (the Series 1983 Bonds) in an amount not exceeding $3,500,000 in order to provide funds to finance a portion of the costs of constructing a 3 -story medical office building (the project), to pay a portion of the interest on the Series 1963 Bonds during the construction of the Project, to fund a Debt Service Reserve Fund for the benefit of said Series 1983 Bonds and to pay costs incidental to the foregoing and to the issuance of the Series 1983 Bonds. The Project will be located at the northeast corner of Center Street and Slade Avenue, Elgin, Illinois 60120. Said land will be leased by Sherman Hospital Association, an Illinois not - for - profit corporation, to Slade Avenue Partnership, an Illinois general partnership. Slade Avenue Partnership will be the operator and manager of the Project and will lease the offices therein to members of the Tedical staff of Sherman Hospital Association. The Series 1983 Bonds and the interest thereon will not be general obligations of the City, but will be limited obligations of the City payable from certain revenues to be derived by -the City pursuant to a Loan Agreement by and between the City and Slade Avenue Partnership. Neither the full faith and credit nor the tax power of the City, the State of Illinois or any political subdivision of the State of Illinois will be pledged to the payment of the principal of, premium, if any, or interest on the Series 1983 Bonds. An opportunity for interested persons to comment on the Series 1983 Bonds and the nature and location of the Project will be provided at the public hearing. In addition, written comments may be submitted to Marie Yearman, City Clerk, at the Municipal Building, 150 Dexter Court, Elgin, Illinois 60120. Such written material must reach Marie Yearman, City Clerk, no later than 5;00 p.m., October 31, 1983. The public hearing and this notice are required by Section 103 (k) of the Internal Revenue Code of 1954, as amended. Subsequent to the public hearing the City Council will meet to consider approving the issuance of the Series 1983 Bonds. Dated at Elgin, Illinois this 13th day of October, 1983. s/ Marie Yearman City Clerk No written comments have been received. VOLUME XLVIII Mayor Verbic: This being the time and place specified in said notice for the conduct of a public hearing on the proposed financing of economic development facilities for use by Sherman Hospital and Slade Avenue Partnership, any resident, taxpayer or other interested person attending the hearing will now be given an opportunity express his views for or against said proposed financing and the proposal for the City (a) to issue Economic Development Revenue Bonds of the City in the principal amount of $3,500,000 for the purpose of financing a portion of the cost of such economic development facilities, (b) to lend the bond proceeds to Slade Avenue Partnership for payment of a portion of the costs of construction of such economic development facilities, (c) to secure the bonds by the execution of an indenture of trust with Continental Illinois National Bank and Trust Company of Chicago, as Trustee, and (d) to sell the Bonds to Kidder Peabody & Company, Incorporated, as purchaser. Is there anyone present or any member of the Council who wish to address this matter. If not I would entertain a motion to close the Public Hearing. Councilman Andersen made a motion, seconded by Councilman Hansen, to close the Public Hearing. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Councilman Andersen made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 487 VOLUME XLVIiI The City Council of the City of Elgin, Illinois, met in public session at its regular meeting place in the Municipal Building at 150 Dexter Court in the City of Elgin, at 7,:00 p.m. on October 31, 1983, and the following Councilmen were present: Councilman Edgar Andersen, Elmer Hansen, Erwin Schmidt, Marlene Shales, Donald Waters and Mayor Richard L. Verbic. Absent: Councilman Robert Gilliam (Other Business) The following Ordinance was introduced in written form. Councilman Andersen made a motion to adopt said Ordinance. Motion seconded by Councilman Schmidt. The Ordinance was adopted by the following vote: Aye: Councilmen Edgar Andersen, Elmer Hansen, Erwin Schmidt, Marlene Shakes, Donald Waters and Mayor Richard Verbic. Nay: None The Ordinance is as follows: f Ordinance No. S6 -83 An Ordinance authorizing the issuance of $3,500,000 aggre- gate principal amount Economic Development Revenue Bonds, Series 1983 (Slade Avenue Partnership Project), the lending of the proceeds of said Bonds to Slade Avenue Partnership and the execution and delivery of a Loan Agreement, a Trust Indenture and a Bond Purchase Agreement; ratifying the distribution of a Preliminary Official Statement; authoriz- ing the distribution of a Final Official Statement; approving the sale of said Bonds; and prescribing other matters relat- ing thereto. WHEREAS the City of Elgin, Illinois (the "Issuer ") is a home rule unit of local government authorized under the provisions of Article VII, Section 6(a) of the 1970 Illinois Constitution and Ordinance No. 52 -80, adopted on February 13, 1980 (the "Enabling Ordinance "), to acquire, construct and finance economic development projects,, to lease, sell or finance the same to or for any person, and to provide for the issuance of revenue bonds in connection therewith; and WHEREAS the Issuer proposes to issue $3,500,000 aggregate principal amount Economic Development Revenue Bonds, Series 1983 (Slade Avenue Partnership Project) (the "Series 1983 Bonds "), pursuant to a Trust Indenture (the "Indenture "), by and between the Issuer and Continental Illinois National Bank and Trust Company of Chicago, Chicago, Illinois, as Trustee (the "Trustee "); and WHEREAS pursuant to a Loan Agreement (the "Loan Agreement "), by and between the Issuer and Slade Avenue Partnership, an Illinois general partnership (the "Borrower "), the Issuer proposes to lend ` the net proceeds from the sale of the Series 1983 Bonds to the Borrower in order to provide funds to finance a portion of the costs of constructing a medical office building (the "Project "), to pay interest on the Series 1983 Bonds during the construction of the Project, to fund a Debt Service Reserve Fund created pursuant to the Indenture in an amount equal to the Maximum Annual Debt Service on the Series 1983 Bonds (as such term is defined in the Indenture), and to pay costs incidental thereto and to the issuance of the Series 1983 Bonds; and WHEREAS pursuant to the Indenture, as security for the Series 1983 Bonds, the Issuer will assign to the Trustee all of the Issuer's right, title and interest in, under and to the Loan Agreement (except the rights of the Issuer to issue Additional Bonds under the Indenture, to execute and deliver supplements or amendments to the Loan Agreement and to be held harmless, reimbursed and indemnified, which rights are herein collectively referred to as the "Unassigned Rights "); and WHEREAS the Project will be located at 934 Center Street, Elgin, Illinois, and said land will be leased by Sherman Hospital Association, an Illinois not- for - profit corporation, to the Borrower; and WHEREAS the Borrower will be the operator and manager of the Project and will lease the offices therein to members of the medical staff of Sherman Hospital Association; and WHEREAS the Series 1983 Bonds will be sold to Kidder, Peabody & Co., Incorporated (the "Underwriter "), pursuant to a Bond Purchase Agreement by and among the Issuer, the Borrower and the Underwriter; and WHEREAS forms of the Loan Agreement, the Indenture and the Bond Purchase Agreement, the Preliminary Official Statement, relating to the Series 1983 Bonds (the "Preliminary Official Statement ") and the form of the Final Official Statement relating to the Series 1983 Bonds (the "Final Official Statement ") have been prepared and presented to this meeting; NOW TBEREFORE, Be It Ordained By the City Council of the City of Elgin, Illinois, as follows: Section 1. The construction of the Project, the payment of interest on the Series 1983 Bonds during the construction of the Project, the funding of the Debt Service Reserve Fund and the payment of costs incidental thereto and to the issuance of the Series 1983 Bonds, all as aforesaid, are hereby authorized and determined to be in the public interest and in furtherance of the public purposes contemplated by the Enabling Ordinance. Section 2. (a) In order to provide funds to carry out the public purposes set forth in Section 1. hereof, there are hereby authorized to be issued the revenue bonds of the Issuer in the maximum, aggregate principal sum of $3,500,000, which bonds shall be designated Economic Development Revenue Bonds, Series 1983 (Slade Avenue Partnership Project) (the "Series 1983 Bonds "). (b) The Series 1983 Bonds shall be issuable as fully registered bonds without coupons in the denomination of $5,000 or any integral multiple thereof and shall be dated, authenticated and executed in the manner set forth in the Indenture. (c) The Series 1983 Bonds shall bear interest at the rate of ten and one -half per cent (10 -1/2 %) per annum and shall be issued as term bonds stated to mature on November 1, 2014, subject to mandatory redemption in accordance with sinking fund requirements on November 1 of each of the years and in the princi- pal amounts set forth below, at a redemption price of 100% of the principal amount thereof plus accrued interest to the redemption date: (d) The Series 1983 Bonds and the interest thereon shall be limited obligations of the Issuer, payable from the income and revenues to be derived by the Issuer from the Project pursuant to the Loan Agreement (except such income and revenues as may be derived by the Issuer pursuant to the Unassigned Rights). Principal Year Amount 1985 $ 20,000 1986 20,000 1987 25,000 1988 25,000 1989 30,000 1990 30,000 1991 35,000 1992 40,000 1993 45,000 1994 50,000 1995 55,000 1996 60,000 1997 65,000 1998 70,000 1999 80,000 2000 85,000 2001- 95,000 2002 105,000 2003 115,000 2004 130,000 2005 145,000 2006 155,000 2007 175,000 2008 190,000 2009 210,000 2010 235,000 2011 260,000 2012 285,000 2013 315,000 2014 350,000 (final maturity) (d) The Series 1983 Bonds and the interest thereon shall be limited obligations of the Issuer, payable from the income and revenues to be derived by the Issuer from the Project pursuant to the Loan Agreement (except such income and revenues as may be derived by the Issuer pursuant to the Unassigned Rights). The Series 1983 Bonds and the interest thereon shall never consti- tute an obligation or commitment by the Issuer to expend any of its funds other than (i) the proceeds of the sale of the series 1983 Bonds, (ii) the income and revenues derived by the Issuer from the Project pursuant to the Loan; Agreement, and (iii) any money arising out of the investment or reinvestment of said proceeds, income, revenues or receipts. Section 3. The Series 1983 Bonds shall be issued pursuant to and in compliance with the provisions of the Enabling Ordinance, this Ordinance and the Indenture and the foregoing shall be stated on the face of the Series 1983 Bonds. Section 4. The forms, terms and provisions of the proposed Loan Agreement, Indenture and Bond Purchase Agreement (collectively, the "Instruments ") are hereby in all respects approved, and the Mayor and City Clerk are hereby authorized, empowered and directed to execute and deliver the Instruments in the name and on behalf of the Issuer. The Instruments, as executed and delivered, shall be in substantially the forms now before this meeting and hereby approved or with such changes therein as shall be approved by the officers of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the forms of the Instruments now before this meeting; and from and after the execution and delivery of the Instruments the officers, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things an d to execute all such documents as may be necessary to carry out the intent and accomplish the purposes of this Ordinance and to comply with and make effective the provisions of the Instruments as executed. Section 5. The prior distribution of the Preliminary Official Statement by the Underwriter is hereby authorized, ratified and approved in all respects. The form of the Final Official Statement is hereby approved and the Mayor is hereby authorized and directed to execute and deliver the Final Official Statement with such changes therein as shall be approved by him, his execution of the Final official Statement to constitute conclusive evidence of his approval of such changes. The printing and distribution of the Final Official Statement are hereby approved and authorized. Section 6. The sale of the Series 1983 Bonds to Kidder, Peabody & Co., Incorporated pursuant to the Bond Purchase Agreement, at a price of 98% of the principal amount thereof plus accrued interest to the date of delivery, is hereby approved. Section 7. The Issuer hereby elects to have the provi- sions as to the $10,000,000 limit in Section 103(b)('6)(D) of the Internal Revenue Code of 1954, as amended, applied to the Series 1983 Bonds; and the Mayor and City Clerk of the Issuer are hereby authorized, empowered and directed to take any and all further action which may be required to implement and effectuate such election, including, without limitation, the preparation and filing of such statement or statements or other document or documents as may be deemed by them to be necessary or advisable in order to comply with the procedure set forth in Section 1.103- 10(b)(2)(vi) of the Income Tax Regulations (26 CFR Part l) under Section 103 of the Internal Revenue Code of 1954, as amended; and all acts heretofore taken by them in this connection are hereby ratified and confirmed. Section 8. Pursuant to Section 103(k) of the Internal Revenue Code of 1954, as amended, this City Council, as an "appli- cable elected representative" of the Issuer within the meaning of said Section, hereby approves the issuance of the Series 1983 Bonds. Section 9. The provisions of this Ordinance are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared by a court of competent juris- diction to be invalid or unenforceable, such declaration shall not affect the validity or enforceability of the remainder of the sections, phrases and provisions hereof. Section 10. All ordinances, orders and resolutions and parts thereof in conflict herewith are to the extent of such conflict hereby repealed, and this Ordinance shall take effect and be in full force immediately upon its adoption. Adopted October 31-, 1983. (SEAL) AttQ� test: �� sJ Marie Yea a City Clerk Approved October 31 1983. s/ Richard L. Verbic Mayor (other Business) Pursuant to motion duly made and seconded, the City Council adjourned. (SEAL) Attest: S/ Marie Year an City G erk s/ Richard L. Verbic Mayor VOLUME XLV111 495 STATE OF ILLINOIS ) 'COLTNTIES OF KANE AND COOK) I, Marie Yearman , hereby certify that I am the duly qualified and acting City Clerk of the City of Elgin, Illinois (the "Issuer "); that attached hereto is a copy of excerpts from the minutes of the meeting of the City Council of the Issuer held on October 31 , 1983; that I have compared said copy with the original minute record of said meeting in my official custody; and that said copy is a true, correct and complete transcript from said original minute record insofar as said original record relates to the adoption of an Ordinance authorizing the issuance of $3,500,000 aggregate principal amount of Economic Development Revenue Bonds, Series 1983 (Slade Avenue Partnership Project) of the Issuer. WITNESS my official signature and the seal of the Issuer this � day of &o LA o s, ) , 1983. (SEAL) yClerk 496 ADJOURNMENT Councilman Hansen made a motion, seconded by Shales to adjourn the Council Meeting. Yeas: Andersen, Hansen, Schmidt, Shales, Waters and Nays: None. The meeting was adjourned at 7: � tie -%c!v ticQ -— Marie Yearman; City C er VOLUME XLVIII Councilwoman Councilmen Mayor Verbic. 30 p.m. VOLUME XLVIII November 14, 1983 497 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 14, 1983, 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 Dale Kleinschmidt of the Faith United Methodist Church, and the Pledge of Allegiance was led by Chris Lembke of the Daily Courier News. ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Absent. Councilmen Gilliam and Schmidt. Also present, City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE OCTOBER 24, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Hansen, to approve the October 24, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic; MINUTES OF THE OCTOBER 31, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Andersen, to approve the October 31, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Hansen, Shales,. Waters and Mayor Verbic. Nays: None. BID AWARDED FOR EASTSIDE WATER TRANSMISSION MAIN Councilman Waters made a motion, seconded by Councilwoman Shales, to award this contract to Abbott Contractors, Inc., with the ductile iron pipe option for $1,022,673.20. R. E. Lewis, representing GA Lock Joint Pipe, concrete pipe suppliers: As you probably know on this bid for the Eastside Water Transmission Main, there were two equal products specified. Alternate A was ductile iron pipe. Alternate B was prestressed concrete cylinder pipe. We have in all good faith bid this job, bid it with Abbott and all the contractors who have turned bids into you. Abbott, was low by approximately $25,000 with prestressed concrete cylinder, pipe. I cannot understand when there are approximately fifty million 498 VOLUME XLVIII feet of prestressed concrete cylinder pipe in service in this { country, how the City of Elgin can afford to just disregard that and throw away $25,000. The City of Elgin already has prestressed concrete cylinder pipe in their system and I ask you how anybody in good faith can then throw away $25,000 and turn down a product that you already have in your system. We are the only pressure pipe manufacturer still located in the State of Illinois. We have about three - hundred people in our plant, we pay taxes in the State of Illinois, our truckers are from the State of Illinois and I certainly think it behooves you, with that in mind, plus the fact of throwing away $25,000 for a product that is proven not to be any better product. Harry Brenner, GA Lock Joint Pipe: What Dick is telling you is pretty much the truth. What we faced here is a re -bid of a project of about two or three months ago when ductile iron only was a specified material on this particular project. The bids at that time came in at about $1,080,000. The bids were rejected for whatever reason at that particular time by the City Council. A re -bid was made just recently with the incorporation of prestressed concrete cylinder pipe as an equal material. The alternative was being accepted on a prestressed bid,versus as a ductile iron bid. The contractor is a very reputable firm in the State of Illinois and throughout the country and he has bid ductile iron low in some cases, he has bid concrete low in some cases. In this particular case he evaluated the entire job and he failed to add the prestressed concrete cylinder pipe was worth the savings to pass on to the City of Elgin. Councilwoman Shales: You feel that the ductile iron and the concrete pipe -are equal in durability and strength. Mr. Brenner: That is correct. We say in equal material in our case we supply a completely different type of structure than ductile iron, but it acts as a carrier pipe to deliver water, or any other kind of medium to a particular system. Councilwoman Shales: What about when the concrete pipe is cut, are you able to cut it. Mr. Brenner: The contractor does not have to cut the prestressed concrete pipe. We provide a piece description of a project from beginning to end. The contractor does nothing in the field. We give him a completely engineered product. Roderick O'Conner, representing Claw Pipe Company: As you get into larger sizes of pipe you need a means of transportation. The difference referred to, as reflected in the bid, there was a difference of $40,000 between ductile iron pipe and concrete. Ductile iron pipe was $40,000 more expensive. The contractor only reflected $25,000 of that because he recognized the problems of putting ductile iron pipe in. I don't refute VOLUME XLVIFI the point that the gentlemen make about the installation of concrete pipe, they do an excellent job of putting it together and they send it out like an erector set. In the case of the ductline pipe - -- before I go into that. After the contractor has left you people are going to have to live with the pipe that has been installed. Now, as it has been installed, you have to make cuts in it, you have to make side cuts, you may have to make provisions for future extensions of the main. The big difference in the two pipes, which has not been brought out, you are just going to get more water with the ductile pipe. The hole in the pipe is bigger with iron as compared to concrete. We have talked with the people in your municipality that are directly connected with making this choice, the problem of maintaining it and apparently they do believe what we have told them. In the case of ductline pipe we have hundreds of cases with over a hundred years of service so the question of long life with cast iron pipe, which is ductline pipe,, is not questioned and concrete has a long way to go before they can approach that reputation. 499 Mel Dahl: I am not going to respond to their remarks. I am going to tell you why I recommended the ductile. our experience is nil on concrete pipe. The concrete pipe that we have is in the new water treatment plant and we anticipate no taping of that line at all. The engineering we did out in the field is not to clockwork dimensions, I mean it is not that type. The contractor himself is going to have to do a lot of measuring and he is going to have to order those pieces as he goes. I am concerned about what we are going to afterwards. We have no experience with concrete pipe and we do have considerable experience with ductile iron and with cast iron. In the past five or six years we have specified nothing but ductile iron. Councilman Hansen: 1 am going to stick with the staff's recommendation. I like the ductile iron pipe and I am going to vote for it. Mayor Verbic, If there are no further questions of the Council, will the Clerk call for the vote. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. BID FOR EXTERIOR RESTORATION OF THE NEIGHBORHOOD HOUSING SERVICE OFFICE REJECTED Councilman Hansen: I make a motion that we reject the sole bid that we received for the restoration of the NHS office and that we permit the Purchasing Department to solicit proposals for this restoration project. 500 VOLUME XLVIII Councilman Waters: I would second that Mr. Mayor. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR STOCK PAPER Councilman Andersen made a motion, seconded by Councilwoman Shales to award the bid for stock paper to the low bidder, Elgin Paper Company, for a total amount of $3,518.40. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR RECARPETING ENGINEERING OFFICES Councilman Hansen made a motion, seconded by Councilman Waters to award the bid, Alternate ##2, for recarpeting_in the Engineering Offices to the low bidder, Tidy Carpets & Floor Coverings, for a total amount of $2,111.00. Yeas:. Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. BI.D AWARDED FOR LIME RESIDUE REMOVAL Councilman Waters made a motion, seconded by Councilwoman Shales to award the bid for lime sludge removal to the low bidder, Plote, Inc., at a unit price of $6.20 per cubic yard (estimated total price of $31,000). Yeas:. Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. TION OF PUBLIC HEARING ON PETITIO Leo Nelson: A revised annexation agreement was submitted today and will be distributed to the Council tonight, but said agreement does not detail costs to the city for the proposed project. Mayor Verbic: We should continue this matter until there is a full Council present in order to comply with the petitioners' request. Attorney Jentsch: I suggest that you continue it to the next regular meeting. Mayor Verbic; I would like a motion to continue this matter to the next regular scheduled meeting, which will be November 28th. VOLUME XLVIII 501 Councilwoman Shales: Mr, Mayor, I would make that motion. Councilman Waters: I will second that; Mr, Mayor. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None, Leo Nelson: The problem is that the November 28th meeting will only have four Council members present and that is one of the issues you have to deal with, are you going to meet on the 28th. That is why the Corporation Counsel suggested that your motion be at the next regular meeting, which may be the 28th or another date. Councilwoman Shales: I will amend my motion for continuance to the next regular scheduled meeting, Councilman Waters: I will second that. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED PLACING VARIOUS CODE REGULATIONS ON FILE Fare an d Mec aneca Councilwoman Shales made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. 502 VOLUME XLVIII RESOLUTION PLACING VARIOUS CODE REGULATIONS ON FILE (Fire and Mechanical) WHEREAS, the City of Elgin is considering adopting by reference the B.O.C.A. Basic Mechanical Code /1981 and the B.O.C.A. Basic Fire Prevention Code /1981'as the building regulations for the City of Elgin; and WHEREAS, these rules and regulations have been published by the Build- ing Officials and Code Administrators International, Inc., Homewood, Illinois; and WHEREAS, Chapter 24, Section 1 -3 -2 of the Illinois Revised Statutes, 1981, authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that three copies of such regula- tions or public records are filed with the City Clerk for a period of thirty days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that three copies of the B.O.C.A. Basic Mechanical Code/ 1981 and the B.O.C.A. Basic Fire Prevention Code /1981 be and are hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty days. s/ Richard L. Verbic Richard er ic, Mayor Presented: November 14, 1983 Adopted: November 14, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Ye7a an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilwoman Shales made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 503 Ordinance No. G47 -83 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED.BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of stop inter- sections under Section 11.28.020 the following: All vehicles being operated on Jamestown Lane must stop at North Lyle Avenue before crossing or entering the same. All vehicles being operated on Waverly Drive, westerly extension, must stop at Waverly Drive before crossing or entering the same. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 14, 1983 Passed: November 14, 1983 Vote: Yeas 5 Nays 0 Recorded: Published: Attest,: s/ Marie^YearMan Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KANE COUNTY FOR SNOW AND ICE CONTROL ON BIG TIMBER ROAD Councilmen Andersen made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas :;Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None.. ME RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KANE COUNTY FOR SNOW AND ICE CONTROL ON BIG TIMBER ROAD VOLUME XLVIII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an agreement with Kane County for snow and ice control on Big Timber Road; a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Ri and L. Verbic, Mayor Presented: November 14, 1983 Adopted: November 14 1983 Vote: Yeas 5 Nays 0 Recorded: Attest � s/ Marie � Yeaan Marie Yearman, City Clerk RESOLUTION ADOPTED Thomas Glowacki, Plant Manager; Our plans are for growth, to make Greyline a larger corporation, to employee more.individuals, to be a prosperous corporation. Mayor Verbic; That is exactly what we wanted to hear because we are interested in the growth and that is why industrial revenue bonds are made so readily available by the City of Elgin. Councilman Hansen: I presume that you will be adding on to your facility. Mr. Glowacki: Well, the intention first of all is to get the internal mechanisms, the new equipment, the modernization of the plant, and absolutely the addition of a 32,000 square foot facility, but that is at a later date. Councilman Waters: I had the pleasure of touring Greyline and Tom was gracious enough to explain the plans that he has that are involved in this bond issue. It is an exciting proposal for modernization and I think it will be a real boom to their industry and to our community in turn'. Mr. Glowacki: If I can speak for Mr. Arthur Meyer, our President of Greyline, in saying you are all welcome to come to our facility and tour our plant. Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas; Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays; None. VOLUME XLVIII 505 RESOLUTION AUTHORIZING MEMORANDUM OF AGREEMENT FOR INTERNATIONAL METALS & MACHINES, INC. WHEREAS, International Metals $ Machines, Inc.; a corporation duly organized and validly existing under the laws of the State of Delaware (the "Company "), wishes to finance the construction of certain building improvements and the acquisition and installation of certain equipment at the existing manufacturing plant of Grayling Housewares, a division of Ludlow Industries, Inc., a Delaware corporation and a wholly owned subsidiary of the Company, located in the City of Elgin, Illinois, and wishes to have said City of Elgin, Kane and Cook Counties, Illinois (the "Issuer ") issue its revenue bonds to provide for the construction of said building improvements and the acquisition and installation of said equipment; and WHEREAS, a Memorandum of Agreement has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such agreement, to issue its revenue bonds to pay the costs of such building improvements and said equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: 1. That the Mayor of the Issuer. is hereby authorized to execute and the City Clerk is authorized to attest and to affix the seal of the Issuer to a Memorandum of Agreement with the Company in substantially the form of such agreement as was presented to this meeting or with such changes therein as shall be approved by the officers executing the same. 2. That the officers and employees of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purpose of the Memorandum of Agreement as executed and to cause not to exceed $1,000,000 of its revenue bonds to be issued upon the terms and conditions stated in such Memorandum of Agreement with respect to the construction of the building improvements and the acquisi- tion and installation of the equipment described in the Memorandum of Agreement, which Memorandum of Agreement is hereby made a part of this Resolution. 3< That this resolution constitutes 'official action" by the Issuer under the Internal Revenue Code of 1954, as amended, and any applicable regulations promulgated thereunder. 4. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law, s/ Richard L. Verbic Richard L. Ver ac, Mayor 506 VOLUME XLVIII Presented: November 14, 1983 Adopted: November 14, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: ki s/ Marie aran rie Yearman, City Clerk SOLUTION ADOPTED Councilman Hansen made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic; Nays: None. VOLUME XLVIII RESOLUTION AUTHORIZING AMENDMENT OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH DEALING WITH THE LEAD POISONING PREVENTION ACT WHEREAS, on February 15, 1983 the City of Elgin entered into an agreement with the Illinois Department of Public Health entitled "Revised Cooperative Agreement for the Administration of the Illinois Lead Poison- ing Act and Rules and Regulations" hereafter Agreement; and WHEREAS, pursuant to paragraph 1 of said Agreement the City agreed to perform inspections and investigations under the Illinois Lead Poison- ing Prevention Act; and WHEREAS, the City has been unable to perform all the inspections desired due to the unavailability of an x -ray fluorescence portable lead paint analyzer necessary for said inspection; and WHEREAS, the parties have agreed to amend the Agreement to make said device available for the City's exclusive use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 507 Section 1. That it is necessary and desirable to amend the Agreement previously entered into between the City of Elgin and the Illinois Depart- ment of Public Health as described above. Section 2. That the City Manager and City Clerk be and are hereby authorized, empowered and directed to execute the document entitled "Amendment to Prior Agreement Regarding Participation in the Lead Poisoning Prevention Act" a copy of which is attached hereto, s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 14, 1983 Adopted: November 14, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT ( 72 N. McLean) Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. M RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (472 North McLean Boulevard) VOLUME XLVI11 WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, 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, at least fifty -one percent of the electors residing on the subject property have joined in such petition for annexation; 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 B and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: October 10, 1983 Adopted: November 14, 1983 Vote: Yeas 5 Nays 0 Recorded: l�tt,gst: (� s// Marie an Marie Yearman, City Clerk VOLUME XLVIII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Northwest Ford Truck Center Stanton Equipment Co. Jimmy Diesel Graham Brake & Diesel Louise Ford 962 Cookane Mae Bowman 177 Mallery 509 Replacement of engine in Ford $4,250.00 Sanitation Truck, $2,929°23 Engine repairs to Sweeper ##1 -13. $3,394=00 Engine repairs to Bus ##8103. $1,832,64 Engine and transmission repairs to several buses. $2,4504.00 Residential Rebate.Program. $2,225.,00 Residential Rebate Program, Councilwoman Shales made a motion,.seconded by Councilman Hansen, to approve the aforementioned payments, Yeas: Councilmen Andersen, . Hansen, Shales, Waters and Mayor Verbicn Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Councilman Hansen I have one question. l think we seem to be seeing a rising water delinquency, not only in dollar amounts, but just in percentage of delinquent customers, and if I am reading this report correctly, we have 2600 delinquent bills out of 8900 regular bills, Jim Bolerjack: I think we are sending out more delinquent bills but that doesn't mean they don't pay the bill, I don't think that the overall number has increased that much in other words the individual who was delinquent last month may not be delinquent this month; Councilman Hansen: If you compare it to a year ago it is a substantially larger nunber of delinquent bills„ In 1982 we had 1800 delinquent bills, 8600 regular bills and now this year we have 2600 delinquent bills and 8900 regular bills, which is a much larger percentage. Mayor Verbic: I think that can be answered on the basis of the economy for the last two -half years. A lot of people who have lost their jobs have not been recalled at this particular point, A lot of people who have been unemployed have been living on unemployment compensation. A lot of this has run out and one of the things which are usually left unpaid are utility bills. As the economy improves and a lot of these people who are unemployed return to work you will see that this figure should lessen as time goes on, but that is my own evaluation of this, 510 VOLUME XLVIII Jim Bolerjack: We do put a lien on the property and then try to collect, but there is no doubt it is a slow process. Councilman Hansen: Thank you Jim, I move that the following reports be placed on file, Councilwoman Shales I second that Mr. Mayor; Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. Parking Lot Revenues 10/1/82 through 9/30/83. Traffic Committee Minutes 10/13/83. Public Property and Recreation Board Minutes 10/25/83. Building Permit Report for October, 1983. Water Department Report for November, 1983. Public Works Report for September, 1983. Police Department Crime Report. ANNOUNCEMENTS Mayor Verbic: We need to make a decision in regards to our next meeting. The next regular scheduled meeting is on November 28th, but there will be three members absent. In regards to the annexation agreement for the Airport property we will receive the agreement tonight, but apparently Mr. Burnidge has informed Mr. Nelson that December 5th would be alright, which is the following Monday, and we could then, have a'full Council present. Corporation Counsel, could we move the November 28th meeting to December 5th. Counsel Jentsch: You can schedule the regular meeting of November 28th to December 5th, The draft of the annexation agreement that you referred to is not necessarily the applicant's final proposal. It is a proposal prepared locally which has to be reviewed by others who may ulti -mately develop the property, and we don't know when that review would be completed. So don't read that particular version with the view that is the one the City is expected to respond to. There may be other revisions that I can't suggest to you because there are third.parties involved that we are not dealing with directly. Mayor Verbic: Under those circumstances we would probably receive another annexation agreement before the 5th. Counsel Jentsch: I sure there will be another version or revision of the existing one. I have read the current one and I know it is not the final proposal so we have not responded yet. VOLUME XLVIII 511 Councilwoman Shales made a motion, seconded by Councilman Waters, to change the next regular scheduled Council Meeting from November 28th to December 5, 1983. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. ADJOURNMENT Councilman Waters made a motion, seconded by Councilwoman Shales, to adjourn the Council Meeting and reconvene the Committee of the Whole Meeting, Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:10 p.m. Marie Yearman; City Clerk VOLUME XLV111 November 21, 1983 512 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 November 21, 1983, at 8:20 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Absent: Councilmen Gilliam and Schmidt. Also present: City Manager Leo Nelson, Assistant Corporation Counsel Blondin, City Clerk Marie Yearman, and members of staff. BID AWARDED FOR NEIGHBORHOOD HOUSING SERVICES OFFICE EXTERIOR REHABILITATION Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for the Neighborhood Housing Services Office exterior rehabilitation to the low bidder, Hunt Construction of Elgin, for a not to exceed figure of $46,965.00, as outlined in the Burnidge, Cassell and Associates' Memorandum of November 21, 1983. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. Roger Dahlstrom: A petition has been filed by Mr. Art Woodall that requests an amendment to the zoning ordinance by adding Autombile accessory store, but not including the assembly, repair service, installation, machining or manufacture of such articles to the B -1 permitted use list. Presently, automobile accessory stores are permitted only within the B -3 and B -4 Districts. Mr. Woodall desires to locate an automobile accessory store within a B -1 Community Business District. 513 VOLUME XLVIII Among the list of permitted uses in the B -1 district are hardware stores and department stores which may include in their product inventory, automobile accessories. At its regular meeting of October 19, 1983, the Planning Committee recommended approval of Petition 34 -83 by a vote of 4 yes and 0 no. Councilman Waters made a motion, seconded by Councilman Andersen, to approve Petition 34 -83. Yeas; Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH FIRST NATIONAL BANK OF ELGIN Dan Blondin: This agreement provides that the Bank may construct above and within the 20 foot public utility easement located along the west side of Lot 2 of the Tyler Creek Sub- division, certain support columns and other improvements related to the construction of a building on Lot 2 in conform- ance with the plans and specifications prepared by Schaffer Bonavolonta Architects. The Bank shall be liable for and shall promptly reimburse Elgin for repairing or shall itself repair any damage or injury to Elgin's storm sewer due to the installation, maintenance or existence of the this improvement. Councilman Andersen made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 514 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH FIRST NATIONAL BANK OF ELGIN 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 First National Bank of Elgin to permit a permanent structure in a public utility easement, a copy of which agreement is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 21, 1983 Adopted: November 21, 1983 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk _. ADJOURNMENT Councilwoman Shales made a motion, seconded by Councilman Hansen, to adjourn the Council meeting and reconvene the Budget meeting. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8 :35 p.m. Marie Yearm , City Clerk VOLUME XLVIII December 5, 1983 515 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT RE- SCHEDULED MEETING A re- scheduled meeting of the Council of the City of Elgin, Illinois was held on December 5, 1983, at 8 :50 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 Allegi- ance was led by Councilman Andersen. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: Nelson, Jentsch, Yearman, and members of staff. MINUTES OF THE NOVEMBER 14, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a' motion, seconded by Councilman Waters, to approve the November 14, 1983 Council Meeting Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. MINUTES OF THE NOVEMBER 21, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales, to approve the November 21, 1983 Council'Meeting Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. COMMUNICATIONS Bob Urban, 30 North Gifford: I am representing a Junior Achieve- ment Company sponsored by Centel. Our company's name is called Holiday Productions and I am propos1ng_ our prdduct�to,;you the Council of the City of Elgin. Our product is a thirty second video Christmas card, The message that could be would be the Elgin City Council wishes you a very Merry Christmas, Mayor Verbic: You say the cost of one of these is $90.00. Bob Urban: One package is $90.00 and it airs ten times. Councilman Andersen: As my present to the City of Elgin I will buy that package. 516 VOLUME XLVIII BID. AWARDED FOR ENERGY IMPROVEMENTS r._ AT THE GREATER ELGIN SENIOR CENTER Councilman Waters made a motion, seconded by -Councilman Gilliam, to award the bid for upgrading of the heating and air condition- ing at the Greater Elgin Senior Center to the low bidder, F. J. Bero & Company, for a total amount of $15,370.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR FIRE HOSE Councilman Hansen made a motion, seconded by Councilman Schmidt, to award the bid for fire hose to the low bidder, GFE, Inc., for a total net price of $6,810.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR CONSTRUCTION OF FIRE STATION Councilman Gilliam: I will make a motion that we go with the original bid, plus the building of the unfinished' basement and I don't have the total figures on that. Mayor Verbic: $923,932.60. Councilwoman Shales: I will second that motion. Mayor Verbic: We have a motion and second for the construction of the new fire station #1 and that it be awarded to the low bidder, Irving Construction Company, for a total amount of $923,932.60. Councilman Hansen: I would like the record to show that I am opposed to the block construction and prefer brick construction as we debated this in the Committee of the Whole Meeting, for reasons of quality. Councilman Andersen: I would like to go on record as being opposed to the construction of this fire station at all. The plans and negotiations for a new fire station were well advanced when I was elected to this Council. I had some personal reser- vations about the site selected and purchased, but assumed that the staff had sone extensive research, and that all was well. My earlier concern that this land was marginal at best, has been confirmed. My recollection that portions of this site was used as a dumping ground has been recalled by at least one other city official. The extensive and expensive amounts of excavation and fill which add nearly a quarter million to this project convenience me that this site should be abandoned, and we should not continue to compound an error. VOLUME XLVIII 517 Further, I do not buy the statement that this project will cut down on overtime. Elgin will continue to grow and in the future more fire personnel will be needed rather than less. Additionally, removel of all fire apparatus from the No. 1 fire district, and placing it an additional 212 minutes further away, is a distinct jeopardy to the health, safety and welfare of Elgin citizens. An additional 2 or more minutes to serve the homes and hospital in the northeast section of Elgin, places those citizens and homes in those areas at a distinct disadvantage. If an additional 2 minutes is of no consequence then all the arguments for sprinkler systems and smoke detectors, have no validity. Were this project to change our fire rating from 4 to 3 it would have some merit, but this is not the case, and in fact could jeopardize our 4 rating. To vacate the present fire department area in City Hall to supposedly create room for the new communications center, is a sudden change from the previous plan to locate the center in the seldom used civil defense center. I wonder if this whole project is just a ploy to separate the Police and Fire Departments and their administrations as far apart as possible. The citizen comment that 1 have received so far would indicate that we haven't sold the citizens on this idea either. Councilman Gilliam: I would not want to dissect the letter that Mr. Andersen read for the sake of time, but I think there is one serious accusation that I would like to have the Chief respond to and that is if we build this fire station that our fire rating will go down or is in jeopardy. Councilman Andersen: I did not say that it would go down, but it could be in jeopardy. Councilman Gilliam: I would like to the Chief to respond because I think that is a pretty serious statement. Councilman Andersen: The Chief is not in a position to make that statement, the Underwriting Board is the one that makes that decision. Councilman Gilliam: He is as qualified as you are. Councilman Andersen: That's right and neither one of us are. 518 VOLUME XLVIII Chief Van De Voorde, If you would like I will try to answer the question. The first people that we visited as a part of our study, as an economy move to cut overtime costs, and whether you believe it or not it will be cut, as long as I am here. The first people we talked to were the insurance underwriters and we went in there with our plan, which I would like some day to explain to you Councilman Andersen, I have not had the opportunity yet, but they assured us that it would not jeopardize our fire rating at all and further I would like to say. that ISO, which are the insurance underwriters, are going to stop the classifi- cation of number one fire zone downtown anyway. I have tried to point out that Elgin has many high value districts. am not to sure that the Gromer Shopping District wouldn't be considered one. Certainly out on Summit Street where we will be much closer to will be one, and as far as the soil conditions are, we did take soil borings on the property and the reason that the dirt is being brought in is not because of the soil conditions, it is to raise it up to the level of the streets. I would be happy to go over the whole plan with you at our convenience and listen to all of your concerns, but the concern of downtown, I think we also have to be concerned about the folks out in Parkwood. In this new location we will save money and it will give better protection to some of those people. Admittedly, it will not give the level of protection to the downtown that it presently gets, although studies find that it is more convenient to come into a downtown district than to try to leave from one because of the conjestion. We did undertake this and we presented it to the Council and to many various groups within the City, the North End businessmen who were vitally concerned with it and we got their almost complete endorsement of the plan. We would not have proceeded unless this Council had agreed to it and told us to proceed. Councilman Andersen; Thank you George. I would agree with your statement that the prior Council had approved it, I am just voicing my opinion, I will live with my statement, I hope that you can live with yours. Chief Van De Voorde: My statement I will live with and I think Elgin will grow and we will add men and we will add stations, we are talking about today's Elgin, but if we build a new station some day it won't be building station #6, it will be building station #5. Mayor Verbic: Is there any other discussion. If not, I will call for a vote. Yeas: Councilmen Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Hansen. Present: Councilman Andersen. VOLUME XLVIII 519 CONTINUATION OF PUBLIC HEARING ON PETITION 31-83 REQUESTING ANNEXATION, B-3 SERVICE BUSINESS DISTRICT, AND M-2 GENERAL MANUFACTURING DISTRICT ZONING - ELGIN AIRPORT PROPERTY Roger Dahlstrom: The petitioner has asked me to request a continuance of this hearing to another date. Councilman Waters made a motion, seconded by Councilwoman Shales, to continue the aforementioned matter to the next regular scheduled meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 38 -83 REQUESTING A REZONING FROM R -2 _SINGLE FAMILY RESIDENCE DISTRI.CT.TO B-3 SERVICE BUSINESS DISTRICT PROPERTY— LOCATED AT 305 SOUTH CLIFTON AVE, DENIED Roger Dahlstrom: The petitioners have operated a plumbing contractor's establishment on the 'premises for over 25 years. The property was annexed to the City and zoned R -2 Single Family Residence District in 1963, rendering the contractor's establish- ment a lawful non - conforming use. As a non - conforming use the plumbing contractor's establishment may continue indefinitely, subject to the requirements of Chapter 19.46 of the Elgin Municipal Code, which regulates such uses. In general the plumbing contractor's establishment cannot expand as a non- conforming use. The subject property is approximately 13,200 square feet and is imroved with two masonry structures. The subject property is located west of a neighborhood commercial area zoned B -1. The areas located north, west and south of the subject property are zoned R -2 and are developed with single family residences. At its regular meeting of November 7, 1983, the Land Use Committee recommended the denial of the proposed rezoning by a vote of 6 yes and 1 no. Attorney Willard Widerberg: I represent Ralph and Louise Day and they own the property at 305 S. Clifton Avenue, which we seek to have rezoned from R -2 to B -3. Mr. Day has operated a plumbing establishment out of these premises since 1957 and this property was annexed into the City in 1963. It is our belief that the Days should not be punished because they did not come and present their petition for rezoning in 1963, when they were annexed into the City, through no fault of their own. We are petitioning for the rezoning at this time because Mr. Day is ill and part of those rules on legal non - conforming use indicate that if Mr. Day should cease operating a plumbing establishment at these premises, we could conceivably lose our non - conforming use, 520 VOLUME XLVIII if a specific period of time passes and I, believe the period of time is six months. There is also the possibility that if we cannot get the necessary Bm3 zoning so we can continue to protect the economical value of this property, that Mrs. Day could be put in a position to be forced to sell the premises just to protect the economic value of the property, or she could be forced into a quick sale of the premises. Ruth Strofsner, 283 S. Clifton: Did you say that they are still in business. Attorney Widerberg: I not only said they were still in business, they are still in business. Ruth Strofsner: Will you show me a business phone number in this telephone book for Ralph Day. Attorney Widerberg: There is no question that due to Mr. Day's physical condition he is not soliciting any new customers. We have accountants and we do continue to operate the business. Ruth Strofsner: If they still are in business there is no phone number in the black or yellow pages. Attorney Widerberg: Mrs. Day tells me that although what I represented to the Council is basically true it happens that the Day's advertisement was deleted in error by the phone company and they had requested that it be put in. Councilman Gilliam: What are the other uses for B -3. Roger Dahlstrom: Where would you like me to start. Auction rooms, automobile accessory stores, blue printing , photocopy, catering, clubs lodges, etc. Councilwoman Shales, There was some question at the Land Use Commission's meeting since apparently the Days have been nearly out of busAness, if not out of business, would this legal non- conforming use be able to continue, could they sell the property as a contractor's and remain legal non - conforming, even though they apparently have not been using it. Counsel Jentsch: You could sell it to someone else to continue the use. The test that the ordinance applies is 180 days of abandonment of use. Councilwoman Shales: So it could be sold now and continue with it's legal non-conforming use even after it is sold. Therefore, I will vote against this. I believe they are protected, they will be able to continue their legal non- conforming use. I think the B -3 District opens up a can of worms for that neighborhood that I would not like to see opened up. VOLUME XLVIII 521 George Lueck, 314 S. Clifton: The thing that disturbs us is not continuation as a contractor's shop, but the fact that it opens up a can of worms as the young lady was saying. A Taco Bell or anything else can go in there once it is zoned a B -3. Councilman Hansen: If the premises remained unoccupied for one year, but no other establishment was started there and it was then sold to a contractor as a contractor's whatever, in your opinion that would be a conforming use. Counsel Jentsch: During that one year if there were active efforts to sell it I don't think the non- forming use would be lost. Councilman Andersen: I hes >i!tate to pull the rug out from under anybody who is faced with this situation which is not of his own making. He didn't ask to be brought into the City without that zoning change at that time and he certainly could have asked for it and now it looks like he is being penalized. I certainly don't want to see him lose his years of hard work, However, I do believe we have had an opinion that his interest will be safeguarded and reluctantly I would have to go along with the decision of the Land Use Committee and Zoning Board, Councilman Hansen, The reason that I asked that is hopefully after many years of hard work Mr. Day might want to spend all or a good share of his time in the sunny climate now, and his premises could be unoccupied and I would not want him to lose his grandfather clause. Councilman Waters made a motion, seconded by Councilman Gilliam, to deny Petition 38 -83. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 37-83 REQUESTING A REZONING FROM R -3 TWO FAMILY RESIDENCE DISTRICT TO B SERVICE BUSINESS DISTRICT AT TT9­T`N­ff­TT1 S. LIBERTY ST. -- DENIED Roger Dahlstrom: The petitioner is the owner /operator of Les Jones Automotive and desires to expand his automobile service and repair business onto the subject property and onto the property located at 143 S. Liberty. The property at 143 S. Liberty is already zoned B -3 and is improved wi -th a °:two, ,-family residence. The petitioner proposes to demolish the two family residence to provide spaces for forty by eighty foot building and additional off- street parking. The subject property is a regularly shaped lot of approximately 3200 square feet. It is undeveloped and there is a grade change of approximately 10 feet from the Liberty Street right -of -way on the west and the adjacent property on the north of the subject property. With the exception of Mr. Jones' property the immediate area is zoned for R -2 and R -3 uses. 522 At its regular meeting of November Commission recommended rezoning ap I no and 1 present. Objectors did time and Mr. Jones is here tonight of him. VOLUME XLVIII 7, 1983, the Land Use 3roval by a vote of 5 yes, appear and testify at that if you have any questions Councilman Gilliam: I see something very similar. One place the staff and Land Use Commission are saying that they want to vote it down and on the other side they want to support it. Both of them are residential neighborhoods and there are more business uses in Mr. Day's area than there are on Liberty St. Roger Dahlstrom: I would like to point out that if this were a request by Mr. Jones for rezoning of a non - conforming use, such as Mr. Day, a non- conforming use that would have been a new spot zoned, which Mr. Jones' property is, our recommendation would have been for denial. Councilman Gilliam_, But what you are saying is that you are encouraging expans`oon of spot zoning, is that what you are saying. Roger Dahlstrom, The question wasn't put to us as to whether or not that zoning should have been there to start with. Councilman Gilliam: You have admitted that it is spot zoning, you have admitted that all the houses around there are residential,(„ and I am saying that by this recommendation the Committee is saying that we encouraged spot zoning to go there by the fact that they approved, or the staff has recommended approval of this. Roger Dahlstrom: If you will look at the drawing of the area, what we have is a situation where most of the property that Mr. Jones owns, by enlarge all of it except for this small piece, is presently zoned B-3 and is useable by Mr. Jones for any eligible uses under B -3, so his ability to expand at this site already exists because of the amount of property that he owns. The building that Mr. Jones operates is not suitable for any other purpose, it was built originally as a service station, or garage. it has existed at that location for a long time in that form of use. The subject property in this petition is a very small piece that just forms a regular zoning boundary at this B-3 location. The purpose of a non - conforming use is the assumption that some day it will disappear through some means, either through destruc- tion, lack of use, or some discontinuation of use for some purpose. Again, if this existed at present as a non - conforming use, inconsistent with the zoning classification, our VOLUME XLVIII 523 recommendation would have been for denial. In this instance we felt that due to the unusal topographical situation that additional use by Mr. Jones at this location would not have any additional impact on the neighborhood because it is ten feet below the grade level; He does have the right and ability - to demolish the home at 143 because he does own that and it is presently zoned B -3. Frankly this was a real close one on our part as the staff. It was a tough decision, but our feeling was that a viable business use at this location reinforced to this very small extent to remain viable probably serves the neighborhood and the city better than what might become a marginal use simply because it would not fit Mr. Jones' need. Councilman Andersen: Frankly, I think we are trying to correct a mistake that was made some twenty years ago in zoning that duplex next to it B -3 then, and that was a grave error as far as I am concerned. Now you want to further compound it by jumping over another lot. The traffic count that I get is that on Lillian Street there are 11,000 cars a day, on Liberty Street there is 25,000. Now how can you deny one petition where there less than half as many cars and approve the other one. Les Jones, 147 S. Liberty St.: To clarify our situation here first of all in 1970 when I purchased the property from Haumiller, Haumiller built the building in 1926, 1 have run the business since 1971. 1 petitioned for rezoning in January of 1972. My reason for rezoning then, and I would like to say right now that I was unanimously turned down by the Planning and Zoning Board back in 1972, and I was reversed in Council because I specifically was trying to cover my investment in 1971, when I purchased the building. My understanding when I bought it was very clear to me and at the time the corporate counsel of Elgin even questioned my reason, but I explained my reason and the City Council did approve it. The reason that I am asking for it now, because whether 1 get this zoning or not I still under the City requirements can build a building down there. I don't have any direct plans right now, but if I want to build a building on my B -3 property, which I have there I can do it under City requirements. The property which I am trying to rezone is forty feet frontage on Liberty Street by 78 feet deep. , It is not rebuildable and cannot build a building on that piece of property so under the circumstances, I can't use it as a parking lot, if you look at the property from the street it virtually starts dropping off, so it is an unbuildable piece of property that I have. Whether or not you ok this I can still build within city requirements so it is not a big factor other than the fact that the property would be compatible with all the B -3 and is not even close to what Ralph Day's situation is as far as trying to rezone a piece of property. 524 VOLUME XLVIII Councilman Gilliam: You stated that you talked to staff and that you couldn't build on it, then why are you rezoning it if you can't build on it. Les Jones: The city requirements require more square footage to build single residence on there, this is to make it compatible with the property that is already B -3 surrounding it on the south 79 feet and the east 40 feet. To square off a piece of property that I own. Donald Schaaf, 112 S. Liberty: I appear before you tonight not only as a neighbor opposing the proposed zoning, but also as spokesman for property pwners within the block in which this zoning request is located. We are asking you to seriously asking you to consider this request and we further ask you no to let it take place. I have a petition signed which is representative of all the property owners within the block and I would like permission to give this petition to the Council. Our opposition to this proposed change in zoning stems from our belief that a serious mistake was made in February, 1972. This was the date that the then City Council saw fit to grant a B -3 zoning change for the property located at 147 and 143 S. Liberty. They did this over the recommendation for denial from the Plan Commission and Zoning Board of Appeals. We regard this as a clear cut case of spot zoning and now you are being asked to commit a second mistake and extend this business zoning classi- fication to yet a third lot. No where else in our block is there another piece of property zoned business, we are a residential neighborhood. In fact Liberty Street going from the American Legion home on Chester all the way south down to Hammond Avenue there is not another business zoned property on Liberty Street, except what was rezoned back in 1972. You may ask where the neighbors were in 1972 when this rezoning took place. I can assure you we were in the dark. We were totally unaware that the property at 147 and 143 had been indeed rezoned in 1972. This came to our attention only at the Planning and Land Use Commission meeting of November 7th of this year. Needless to,say we were totally shocked. I have lived in this neighborhood all my life and I was under the belief that this was nonconforming use at 147,and 143 was a residence. At the Commission hearing Renard Jackson informed the Commission that this zoning change is not compatible with the Just completed comprehensive plan. As property owners we feel this expansion must be stopped before Liberty Street becomes another business strip. We the property owners of South Liberty Street do respectfully ask you Council members to give this request your thoughtful consideration and ask you to deny the petitioner's request. VOLUME XLVIII 525 Councilwoman Shales, I agree with Mr. Schaaf that probably a mistake was made in 1972, but I can't do anything about that. There is B -3 zoning there now and I cannot see how this one little piece of land zoned B -3 could make much difference or change anything in that neighborhood. Councilman Hansen: What was the zoning on the 147 and 143 property. Roger Dahlstrom: Well, I believe the whole area was zoned R -3. Councilman Hansen: So essentially we have had a business located there since 1926 that was a non - conforming use., until 1972, and from 72 on it has been legally zoned. Councilman Waters made a motion, seconded by Councilwoman Shales to approve Petition 37 -83. Yeas: Councilmen Shales, Waters and Mayor Verbic. Nays: Councilmen Andersen, Gilliam, Hansen and Schmidt. PETITION 35 -83 REOUESTING AN A Roger Dahlstrom: The Century Oaks Manor Homes planned unit _ development was approved by the City Council in June, 1980. It features 152 townhouse condominiums contained within twenty structures to be developed over three phases. Phase 1 of the project has been completed and Phase 2 is under construction. Petitioner desires to vacate the phase 3 portion of the approved plan unit development, replace the approved 32 townhouse units contained within 4 eight unit structures with a proposed total of 28 townbouses. We are changing from 4 eight unit structures to 2 unit structures. It is our view that this is simply a marketing consideration, it actually serves to bring down the total number of units and therefore the overall density in the development. The site plan has been approved with certain conditions and at its regular meeting of November 7th, the Land Use Commission recommended the approval of an amendment to planned unit development Ordinance No. G46 -80, the preliminary plan and final plat approval, subject-to certain conditions by a vote of 6 yes and 0 no. 526 VOLUME XLVIII Councilman Gilliam made a motion, seconded by Councilman Waters, to approve Petition 35-83. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Councilman Andersen made a motion, seconded by Councilman Gilliam, to set said Public Hearing on December 12, 1983. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING THE ZONING ORDINANCE TO PROVIDE FOR AUTOMOBILE ACCESSORY STORES Councilman Hansen made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. G48 -83 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO PROVIDE FOR AUTOMOBILE ACCESSORY STORES WHEREAS, written application has been made to amend the provisions of the zoning ordinance of the City of Elgin to provide for automobile accessory stores in B -1 Community Business Districts; and WHEREAS, after due notice the Planning Committee conducted a public hearing on October 19, 1983 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 19.28 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to Section 19.28.020 the following: "Automobile Accessory Stores, but not including the assembly, repair, service, installation, machining or manufacture of such articles." Section 2. That this ordinance shall be published in pamphlet form and 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: December 5, 1983 Passed: December 5, 1983 Vote: Yeas 7 Nays 0 Recorded: Published: 527 Attest: , s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF THIRTY- MINUTE PARKING ZONES Councilman Gilliam made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: Councilman Waters. 528 VOLUME XLVIII Ordinance No, G49 -83 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE. BY ADDING TO THE LIST OF THIRTY- MINUTE PARKING ZONES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the one -hour parking zones under Section 11.36,083 the following: South Spring Street, east side thereof, from DuPage Street to Fulton Street. , South Spring Street, west side thereof, from DuPage Street to East Chicago Street, Section 2. That Title 11, Chapter 11,36 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding to the thirty - minute parking zones under Section 11,36.082 the following:. South Spring Street, east side thereof, from the Chicago and Northwestern Railway tracks to Prairie Street. South Spring Street, west side thereof, from 155 feet north of the centerline of DuPage Street to Fulton Street. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. S/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: December 5, 1983 Passed: December 5, 1983 Vote: Yeas 6 Mays 1 Recorded: Published: A� hest: r � s/ Marie Yeai`Finan Marie Yearinan, City Clerk r fit:__ VOLUME XLVIII 529 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Wayne E. Zimmerman Replacement of concrete pad covering Huntley, Ill. $4,490.00 fuel storage tanks at Bus Garage. General Motors Parts Division $1,857.77 Miscellaneous bus parts for stock. Ruth Schmidt 921 Illinois Ave. $3,000.00 Residential Rebate Program Councilman Gilliam made a motion, seconded by Councilman Hansen, to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. RESOLUTION ADOPTED AUTHORIZING PARTICIPATION IN AN EMPLOYEE ASSISTANCE PROGRAM Councilwoman Shales made a motion to adopt the aforementioned resolution. Councilman Gilliam: I will second that motion to get it on the floor, but that does not mean that I support this. Mayor Verbic: This has been discussed and approved in the Committee of the Whole Meeting, and the total amount of money involved is $5800.00. Councilman Hansen: This program was initially started last year under a State Grant, so we started it using free money and then continue them with our taxpayers money. I have some concerns because there is really no way that we can demand any accountability on this program, or really monitor it, at least not to my satisfaction, The goals and aims of the program are just fine, but we have a lot of social agencies in the community that are supported county -wide that would provide these kind of services, so I am going to vote against it. Councilwoman Shales: I think that the reason it passed through the Committee of the Whole Meeting was the feeling that perhaps one more year needed to pass before we could make a judgement on whether this program was worthwhile or not. Yeas: Councilmen Andersen, Shales, Waters and Mayor Verbic. Nays: Councilmen Gilliam, Hansen and Schmidt. 530 VOLUME XLVIII 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 perfopmance 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, Tom Skiles and Associates has performed such a service to the City of Elgin; and WHEREAS, Tom Skiles and Associates has submitted its written proposal to continue to provide employee assistance programs for a fee 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 Tom 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. BE IT FURTHER RESOLVED that 'Leo Nelson, City Manager, be and is hereby authorized and directed to °eXecute:an!agreement with Tom Skiles andiAssociates foran'omp3oyee:'ass st18=*�pragramforg,eperibdof�a =year, a'popy of;wbkh is attacned nereto and made 'a part hereof by reference. s/ Richard L. Verbic Ric ar er i.c, ayor Presented: August 29, 1983 Adopted: December 5, 1983 Vote: Yeas 4 Nays 3 Recorded: Attest: szMarie Yea nan Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH HA,PTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES Councilman Gilliam made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 531 RESOLUTION AUTHORIZING AN AGRES14ENT WITH HAMPTON, LENZINI AND RENWICK INC. FOR ENGINEERING SERVICES WHEREAS, the City of Elgin desires to retain the service of Hampton, Lenzini and Renwick, Inc. to perform certain engineering services necessary for the improvement of North McLean Boulevard from Royal Boulevard northerly to the Chicago and Northwestern Transportation Company tracks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized to execute an agreement for consultant services on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc., a full and complete copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 5, 1983 Adopted: December 5, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie eakman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS OF THE POLICE RESERVE CORPS Councilman Gilliam made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. 532 VOLUME XLVIII RESOLUTION APPOINTING MEMBERS OF THE POLICE RESERVE CORPS WHEREAS, Section 2:56.010 of Chapter 2.56 of Title 2 of the Elgin Municipal Code, 1976, as amended, provides that reserve policemen may be appointed from time to time as the corporate authorities may deem necessary; and WHEREAS, the Police Reserve Corps is presently at less than full strength; and WHEREAS, applicants for membership in the Elgin Reserve Police Corps have been interviewed and examined and recommended by the Chief of Police. NOW,: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following persons are hereby appointed to the office of Reserve Policeman, City of Elgin: William Thomas Linder Elizabeth Rivers Presented: December 5, 1983 Adopted: December 5, 1983 Vote: Yeas 7 Nays 0 Recorded: `Attest: s/ Marie Yearman, City Clerk RESOLU S/ Richard L. Verbic Richar L. Ver ic, Mayor M ORDER Councilman Gilliam made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. Abstained: Councilman Waters. VOLUME XLVIII 533 RESOLUTION APPROVING CHANGE ORDER NO. 7 IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY, INC. FOR PHASE II OF ECC- FOUNTAIN SQUARE CAMPUS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Irving Construction Company, Inc. for Phase II 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 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: December 5, 1983 Adopted: December 5, 1983 Vote: Yeas 6 Nays 0 Abstained 1 Recorded: Attest: s/ Marie YearMan Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTI Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, 534 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS VOLUME XLVIII 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 Illinois Department of Human Rights for cooperative worksharing, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 5, 1983 Adopted: December 5, 1983 Vote: Yeas 7 Nays 0 Recorded: Attests -,� s/ Marie Yea man Mare Yearman, City Cier Councilman Gilliam made a motion,-seconded-by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII 535 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA 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 Elgin Symphony Orchestra 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 RicTiard L. Verbic, Mayor Presented: December S, 1983 Adopted: December 5, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ s/ Marie Yeal'*an Marie Yearman, City Clerk OLUTION ADOPTED Councilwoman Shales made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 536 VOLUME XLVIII RESOLUTION AUTHORIZING AN AGREEMENT WITH JOAN BALLENGER $ ASSOCIATES, 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 Joan Ballenger $ Associates, 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 L. Verbic, Mayor Presented: December 5, 1983 Adopted: December 5, 1983 Vote: Yeas 7 Nays 0 Recorded: ,Attest: sue% Marie Yea an Marie Yearman, City Clerk Councilman Gilliam made a motion, seconded by Councilmar Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Norge. VOLUME XLVIII 537 RESOLUTION ADTHORIZING AN AGREEMENT WITH PRODUCERS FOUNDATION, LTD. FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY that it hereby authorizes Betsy execute an agreement with Produ c arts for young people series, a made a part hereof by reference. Presented: December S, 1983 Adopted: December 5, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Cler COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Armistead, Program Coordinator, to ers Foundation, Ltd. for performing copy of which is attached hereto and s/ Richard L. Verbic Richard L. Ver ic, Mayor RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH T. DANIEL FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Hansen made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None, 538 RESOLUTION AUTHORIZING AN AGREEMENT WITH T. DANIEL FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES VOLUME XLV111 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 T. Daniel 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 L. Verbic, Mayor Presented; December 5, 1983 Adopted: December 5, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea`Finan Marie Yearman, City Clew° AUTHORIZATION -OF PAYMENT TO VENDORS PARTICIPATING IN DOWNTOWN DEMONSTRA- TION PROJECT Al Berg and Schweppe &Sons $25,471.56 Kitchen and Fountain equipment. AI Berg & Kelly Turner Al Berg and Mike Joy Al Berg Al Berg and Association for Individual Development 19,525.00 Carpentry work. 275.00 Painting. 915.00 SDE and city permits.. 596.75 For cleaning. Councilwoman Shales made a motion, seconded by Councilman Gilliam, to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII REPORTS RECEIVED AND ORDERED PLACED ON FILE 539 Parking Lot Revenues 11/1/82 through 10/31/83. Transportation Operations Report, October, 1983:. Public Works RepaIrt, October, 1983• Budget Summary, November 4, 1983 Councilman Gilliam made a motion, seconded by Councilman Andersen, to place the aforementioned reports on file, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings ADJOURNMENT Councilman Andersen made a motion, seconded by Councilman Hansen, to adjourn the Council Meeting and return to the Committee of the Whole Meeting.: Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. The meeting was adjourned at 10:35 p.,m, Marie YearmaK, City Cier I VOLUME XLVIII December 12, 1983 540 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 12, 1983, 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 Reverend Harold Humbert of the Elgin Mental Health Center, and the Pledge of Allegiance was led by Cindy Linardos of Centel Television. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. COMMUNICATIONS Correspondence received from L. A. Goldschmidt Associates relative to the purchase of the property behind Fire Station on Big Timber Road, which is owned by the City of Elgin. Councilman Waters: We also received tonight a memorandum from Chief Van De Voorde, and I don't know if this is the appropriate time to say it, but I think the Council should be on record commending the City Staff for their support of the United Way Campaign this year. I think they have done an extremely commendable job in their - solicitation and support this year. Mayor Verbic: Mr. Goldschmidt, do you have anything to add to your letter which you have addressed to the Council. Leo Goldschmidt: Nothing specific except to answer any questions you might have. Also I have talked to Art Funk, who is a resident and homeowner on Morningside Drive and in the past has been a spokesman for the people who live on Morningside Drive and he said he would see to it there would be no objection to the proposal as I have outlined it. Leo Nelson- As I read Mr. Goldschmidt's letter and in conver- sations that I have had with him, I think that what he is really asking you to do is to change your method of disposing of surplus property by negotiating with him directly rather than to follow the State law, which as you know is to advertise the land for sealed bids. Leo, am I correct about that, isn't this what you are really asking, Leo Goldschmidt: That would be the preferred, my preferred manner of proceeding. Another way might be to ask for bids, but consider not only the offered price, but also the development proposal for the property. 541 VOLUME XLVIII Mayor Verbic: I don't think that when we accept sealed bids there is anything else which would be.included in that, outside the bid for the property. Leo Nelson: Well normally we just sell the property, but your other problem as I understand your development Mr. Goldschmidt, it involves a clustering of twelve single family residences on a piece of property that's about 4.73 acres, which is over the density of R-1. I don't think you can sell it on that basis because you would still have to go through the hearing to change that zoning from R -1 to whatever, R -2, PUD, whatever it happened to be, so I don't think you can sell it on that basis. Mayor Verbic: As I remember'par°t of the property is unbuildab'le. Counsel ,lentsch I am sure you have read this letter and what would be your suggestion at this point. Counsel Jentsch: I think you have to make a basic decision as,; to how you want to invite proposals. As a Home Rule Unit you could negotiate with Mr. Goldschmidt and ignore the State procedure, which is sealed bids, you could do something as Mr. Goldschmidt suggested, soliciting bids and plans for development, but you have to make the determination of what route you want to take. Historically it has been simply sold to the high bidder by sealed bid. Leo•Nelson: I think too, and you are aware of it, we have all received a letter from one party who is interested, other than Mr. Goldschmidt. I think I have informed you that I have talked to one person and I have now talked to two people who have expressed an interest in this land so I don't -`want you to think there are no other interested parties. I think they are concerned about what kind of a development is going to take place there and that has triggered their interest, -I get the feeling they might to interested in buying the property in order to control it, and I suggested to Leo that maybe the best thing to do is talk to the people, especially on Morning ide. because that is where the interest is coming from, they are concerned about how that land may be developed. Councilwoman Shales: It seems that if we put it up for bid under it's R -1 zoning that whoever bid on it would understand if they were going to develop in any way that needed a different kind of - zoning, they would have to appear before us with their plan, and I think that is the only way we can safeguard what is happening in that area, is to put it out for bids, I think we could get into a can of worms the other way, if we try to ask for plans and then judge one plan or another. Mayor Verbic: I see your point, this is R -1 at the present time. So under the circumstances Mr. Goldschmidt you would still have to come in to get it rezoned to R -2, so the developed plan that you submit with you bid would not actually be a factor because the fair way - would. -.be as 'Mrs.- ,Shades has suggested. VOLUME XLVIII 542 Councilman Hansen: My biggest concern regarding this property is that we protect the neighboring property owners. I presume that we acquired this property by condemnation or threat of it, and I think we have a responsibility to the neighbors that might even go beyond the letter of the law. I think the spirit of our previous procedures. I think they have a very important stake in this and I don't know if it is legally possible or advisable, but I would almost hike to see our staff people °have a little informal meeting with the neighbors and see if 'hey.eould -get a concensus from the neighbors as to what kind of development they would like to see out there. One of the things I do know is that Mr. Goldschmidt has a proven track record with those nelgiibors out there and he sold them on that track record with his Tyler Bluff development. I would like to make maybe a little exception if we can and get some neighbor imput on how they feel about it. I think our staff should be prepared to present to them alternative uses under the various zonings and PUB 'concepts that we would or could permit. Councilman. Gilliam: Why don't we treat this just like we would any other piece of property that we own, put the thing up for bid. Why are we making all the rules, adjustments, put it on the market, let free enterprise work, the highest bidder gets it. They still have to come back to us anyway. Mayor Verbic: I would agree that we go ahead an put this under sealed bid. Councilman Gilliam 'made a motion, seconded by Councilman Andersen, that the approximate 4.7 acres on Big Timber Road behind the Fire Department, be advertised for sale to the highest bidder. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt Shales, Waters and Mayor Verbic. Nays: None, PUBLIC HEARING ON THE TENTATIVE ANNUAL BUDGET FOR 1984 AND THE USE OF FEDERAL REVENUE SHARING FUNDS TO BE EXPENDED DURING Mayor Verbic: is there anyone here in the audience who would like to address any question to the Council or Staff in regard to the annual budget. Seeing none I would like to know if there is anyone in the audience who would like to address any question to the Council or Staff in regard to the expenditure of federal revenue sharing funds. Seeing none I would call for a motion to call the Public Hearing to a close. Councilman Gilliam made a motion, seconded by Councilman Waters, to close the Public Hearing. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 543 VOLUME XLVIII BID AWARDED FOR PARKING TICKET DELINOUE Councilman Gilliam made a motion, seconded by Councilwoman Shales, to award the bid for parking ticket delinquent notice forms to the low bidder, Data -Com Graphics, for a total price of $2,587.50, less a 1% - 10 day prompt payment discount. Yeas. Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR INSULATION AT HEMMENS BUILDING Councilwoman Shales made a motion, seconded by Councilman Gilliam, to award the bid for insulation at the Hemmens Building to the low bidder, Larry Koesche Builders, for the alternate bid price of $16,841.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic; Nays, None, Councilman Waters made a motion, seconded by Councilman Gilliam; to continue this Public Hearing to the next scheduled regular Council meeting. Councilman Schmidt: At the time when they first appeared here with this airport rezoning it was rush, rush and time was of essence and now all of a sadden we are postponing it from one meeting to another. What is the object of this. Leo Nelson: There is nothing we can do and I appreciate your frustration, we are equally frustrated,. Roger Dahlstrom: It is just a matter that there is a multi -party agreement that is being worked out on this annexation agreement and involves developers, owners of property, potential utlimate users and it is a very complex procedure which is taking a long time, and I think they under estimated the amount of time it would take, Councilman Schmidt: I think it proves just one thing and that is don't let architects push the Council.' Yeas: Councilmen Andersen, Gilliam, Hansen; Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII Roger Dahlstrom: The petitioner desires to lease a portion of his premises for the purpose of establishing an auction room while continuing to lease space for storage use. Auction rooms and storage are permitted uses in the B -4 district. The subject property is approximately 44,616 square feet and is improved with a masonry building. The areas to the north and east of the subject property are zoned B -4, and the areas south and west of the subject property are part of the civic center complex. At its regular meeting of November 21, 1983, the Land Use Committee recommended approval of the requested rezoning by a vote of 6-.'-yes and 0 no. 544 Councilman Hansen: I am certainly in favor of this rezoning -, but 1 think it might point up a case where one of the proposals that`the ^staff has talked about, but has never really implemented, the mixed use the zoning might have applied,.because I think you are still going to have some manufacturing' activities in there. My point would be if now we have an M use thing, that is why I that is an area to o have to be flexible, flexible„ the market place would in there we might have don't object to this, zcupy some of these old and a mixed use`mgjning come back and say to do the same am just saying ar structures you would be more Roger Dahlstrom: I think we need to look at the performance aspect of the uses and their effect on each other rather than strict codes. Councilman Schmidt made a motion, seconded by Councilman Hansen, to approve Petition 36 -83 =Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED ACCEPTING AMENDMENTS TO UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION`PLAN Councilman Andersen made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmid-t,- $ales, Waters and Mayor Verbic. Nays: None. 545 VOLUME XLVIII RESOLUTION ACCEPTING AMENDMENTS TO UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PLAN 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 on behalf of the City of Elgin, an acknowledgement and acceptance of: 1. United States Conference of Mayors Deferred Compensation Program Restated Plan Document 2. United States Conference of Mayors Deferred Compensation Program Administrative Agreement 3. Group Fixed Fund Retirement Contract - Life 322A 4. Group Flexible Fund Retirement Contract. - Life 321 a written copy of which is attached hereto and incorporated herein. s/ Richard L. Verbic Ri ar L. Verbic, Mayor Presented: December 12, 1983 Adopted: December 12, 11983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ s/ Marie Yeaan Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER NO, I TO CONTRACT WITH GIERTZm MELAHN ASPHALT COMPANY INC. FOR WILCOX AVENUE RESURFACING Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. e VOLUME XLVIII 546 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT WITH GIERTZ- MELAHN ASPHALT COMPANY, INC. FOR WILCOX AVENUE RESURFACING WHEREAS, the City of Elgin has heretofore entered into a written contract with Giertz- Melahn Asphalt Company, Inc. for the resurfacing of Wilcox Avenue; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is. described in Change Order No. 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 No. 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 12 1983 Adopted: December 12, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year' an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT WITH T & W EDMIER CORPORATION FOR PHASE ONE DEVELOPMENT OF THE ELGIN SOFTBALL COMPLEX Mayor Verbic, The topographic survey, taken from Sidwell Aerial photographs, is incorrect in that it shows the ground to be 2 feet higher than it actually is in the field. Also, the original soil borings for the proposed gravel mining operation indicated a topsoil depth of 3 feet. The actual average depth of topsoil is 1 foot. Both of these factors make the original contract quantities too low to handle the earth work necessary to complete the work. Councilman Andersen: Who took the soil borings on this one, Claude Rogers, Leisure Concepts given to us and they were taken operations. & Design: The soil borings were as a part of the gravel mining Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Councilman Hansen: Who was the outside consultant that made these errors in the topol, was it the outfit from Canada. 547 VOLUME XLVIII Leo Nelson: The topol map is at'two. foot contour intervals and apparently those aerial photos were flown back in 1973 or 1974. Gary Miller: There have been occasions on projects throughout the city where we have experienced discrepancies on aerial photographs, it just so happens that in this area there was a 2 foot discrepancy, but it has happened in other projects and is not unusal. The soil borings was done as a part of the gravel mining operation and we were not really involved. Councilman Hansen: My question was did the outfit from Canada do the soil borings. Gary Miller; No, it was a sub- contractor, a testing outfit and I don't remember the name of the testing outfit and he did this work for the consultant. Councilman :.Schmidt: What is the alternative to this if this should not pass. Do you think it is about time that we negotiate with some of these mistakes. Leo Nelson: Well you can't hold the people who designed it and the contractor, they are not responsible for it. Either we are going to get the ball diamonds built correctly or we are going to have a problem with the elevations. You might go back to the people who did the soil borings or the people who did the aerial photos, but not the people ve are dealing with on this change order, Councilman Schmidt. What recourse do we have on something like this. Counsel Jentsch: I am not prepared to tell you thls. evening without reviewing what:ha &e ned." I don't have an independent recollection of when that contract was:let or who it was with and I will have to look at those things first. We can review it to determine if there is any avenue of recovery available. Councilman Andersen: I can't see where we can hold these people up, they have ,a legitimate request here for the additional money. Because somebody else fouled up the situation it is no fault of theirs, but we have had some mighty bad work in the past that we have never been able to come back on. I get sick of these constant change orders and constant revisions of everything because somebody else in the past dropped the ball. VOLUME XLVI11 548 Councilman Hansen: I share Councilmen Schmidt's and Andersen's concern and 'I have for a long time. We have to find the key to demand and expect and receive accountability from consultants and people who deliver outside services to us. This is one of the reasons that I pushed so long to pursue the resurfacing problem with the Spiess deck. We spent $265,000 on that deck for basically a lack of accountability somewhere along the line. So I share their concerns, but on the other hand these people have a legitimate claim so I would propose that we maybe pursue this guy one more time per Councidman Schmidt's suggestion and see who really did screw up here. Mayor Verbic: Did they come to you with the error before the work was completed. Claude Rogers: The error was uncovered before the contractor executed too much of his work. We felt to go into a complete redesign at that point would jeopardize the project. We felt at that point in time that we could achieve a balance of materials on the site within the parameters that this project called for. However, as the work progressed we did not achieve a b &,lance of the earthwork.on the ballfields. Mayor Verbic: I can understand the frustration of the Council when you look at these contracts when It is always; an add order and they wonder why because it is very seldom they are on the downside its always on the upside and I don't blame them for questioning this because it is a big change order. The error is not to the City's benefit, its a taxpayers loss. Councilman Waters: May I suggest that we go ahead and vote on this motion and then if the Councilmen have a motion to make to direct the staff it would be appropriate to do that after this motion has cleared. Yeas: Councilmen Andersen, Gi "lliam, Hansen, Shales, Waters and Mayor Verbic. Nays: Councilman Schmidt. Councilman Schmidt: I would like to make a motion at this time to have Corporation Counsel investigate to see what recourse the City would have with this error. Councilman Hansen: I -will second the motion. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 549 VOLUME XLVIII RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT WITH T $ W EDMIER CORPORATION FOR PHASE ONE DEVELOPMENT OF THE ELGIN SOFTBALL COMPLEX WHEREAS, the City of Elgin has heretofore entered into a written contract with T & W Edmier Corporation for the Phase One Development of the Elgin Softball Complex; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 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 No. 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 12, 1983 Adopted: December 12, 1983 Vote Yeas 6 Nays 1 Recorded: Attest: s/ Marie Yea man Marie Warman, City Clerk RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER NO. 2 TO CONTRACT WITH MCKEEVER CONSTRUCTION COMPANY FOR NATIONAL ST. COMMUTER PARKING LOT Councilman Gilliam made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO CONTRACT WITH MCKEEVER CONSTRUCTION COMPANY FOR NATIONAL STREET COMMUTER PARKING LOT WHEREAS, the City of Elgin has heretofore entered into a written contract with McKeever Construction Company for the construction of the National Street Commuter Parking Lot; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 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 No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: December 12, 1983 Adopted: December 12, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Thompson Elevator Speer Financial Inc. Speer Financial Inc. Chapman & Cutler Moody's Investor Service Northern Bank Note Co. Brown Ink 550 $3,036.00 Elevator inspections. 2,500,00 IRB for Hinckley & Schmitt 6,884.86 GOB issue for $2,180,000 5,000.00 GOB issue for $2,180,000 2,000.00 GOB issue for $2,180,000 1,920.92 GOB issue for $2,180,000 1,620.00 GOB issue for $2,180,000 Councilwoman Shales made a motion, seconded by Councilman Gilliam, to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 551 VOLUME XLVIII REPORTS- VED AND ORDERED 'PLACED ON FILE Sales Tax Revenue for August, 1983 Water Departmenr Report for November, 1983 Building Permit Reportfor November, 1983 Cemetery Report for October, 1983 Councilman Gilliam made a motion, seconded by Councilman Andersen, to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays, None. ANNOUNCEMENTS Mayor Verbic made announcements relative to- forthcoming meetings. ADJOURNMENT Councilman Andersen made a motion,.seconded by Councilman Gilliam, to adjourn the Council meeting and return to the Committee of the Whole meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:20 p.m. Marie Yearma , City Clerk r VOLUME XLVIII December 19, 1983 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT RE- SCHEDULED MEETING A re- scheduled meeting of the Council of the City of Elgin, Illinois, was held on December 19, 1983, at 8 :10 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The invocation was given by Mayor Verbic, and the Pledge of Allegiance was led by Glen Moberg of Centel Television. ROLL CALL 552 Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Absent: Councilman Waters. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff BID AWARDED FOR EPDXY PENETRATING SEALER Councilman Gilliam made a motion, seconded by Councilman Hansen, to award the bid for epoxy penetrating sealer to low, responsive bidder, Missouri Paint & Varnish, for a net bid price of 52,727.10. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays BID AWARDED FOR SALE OF SURPLUS VEHICLES the tota None. Councilman Gilliam made a motion, seconded by Councilwoman Shales, to award the bid for the sale of vehicles to the highest bidders as follows: (1) 1976 Plymouth Valiant to Lawrence Knickman for $332.00; (2) 1975 Dodge Darts and (1) 1973 Pontiac to Frank Kruszyna for $565.00; (1) 1972 Chevrolet Nova to Linda Schramm for $403.33; and (1) 197 Chevrolet Truck to Michael Mulroney for $2,000.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING THE 1983 BU Councilman Gilliam made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 553 VOLUME XLVIII Ordinance No. T3 -83 AN ORDINANCE AMENDING THE 1983 BUDGET ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 1983 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the following schedule: N CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1983 APPROVED AMENDED 1983 1983 INCREASE FUND AND DEPARTMENT BUDGET BUDGET (DECREASE) GENERAL FUND 011 Mayor and City Council $ 30,920 $ 30,920 $ - 012 Office of the City Manager 137,630 137,630 - 013 Purchasing and Research 79,295 79,295 - 014 Personnel and Admin. Services 108,865 108,.865 - 015 Legal Department 113,200 113,200 - 018 Human Relations Commission 39,035 39,035 - 019 Boards and Commission 49,500 49,500 - 020 Finance Department 703,610 703,6.10 - 030 Department of Buildings 286,600 286,600 - 040 Community Development Department 349,005 349,005 - 050 Police Department 5,180,655 5,180,655 - 059 Civil Defense Division 2,230 2,230 - 060 Fire Department 3,466,315 3,466,315 - 061 Bureau of Inspection Services 344,12.0 344,120 - 071 Public Works Administration 100,810 100,810 - 072 Engineering Division 427,775 42.7,775 - 074 Electrical Division 439,595 439,595 - 075 Sanitation Division. 711,115 711,115 - 076 Streets Division 857,480 857,480 - 077 Sewers Division 308,945 308,945 - 079 Construction Division 66,025 66,025 - 081 Parks and Recreation Administration 74,335 74,335 - 082 Recreation Division 356,325 356,325 - 087 Mall Coordinator 47,935 47,935 - 088 Parks Maintenance 567,280 567,280 - 089 Hemmens Auditorium 174,265 174,265 - 190 Non - Departmental Expenses 1,647,165 1,647,165 - Total - General Fund $16,670,030 - $16,670,030 $ - SPECIAL REVENUE 200 Public Benefits Fund $ 32.5,850 $ 483,910 $158,060 210 Road and Bridge Fund 217,500 217,500 - 220 Grant Fund - 64,150 64,150 230 Community Development Grant 1,604,890 1,604,890 - 240 Spring Street Parking District 264,170 264,170 - 245 Riverbluff Street Lighting 2,140 3,100. 960 270 Federal Revenue Sharing Fund 787,850 787,850 _ 280 I.M.R.F. Fund 1,301,545 1,301,545 - 290 Motor Fuel Tax Fund 818,500 818,500 - Total - Special Revenue $ 5,322,445 $ 5,545,615 $223,170 DEBT SERVICE 300 Corporate Bond Fund - $ 1,112,175 $ 1,112,175 $ - CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1983 APPROVED AMENDED 1983 1983 INCREASE FUND AND DEPARTMENT BUDGET BUDGET (DECREASE) CAPITAL IMPROVEMENTS 330 Spring Street Parking Const. $ 380,000 $ 380,000 $ - 340 Park Development Fund 71,000 461,.300 390,300 350 Downtown Redevelopment Fund 39,100 234,980 195,880 375 Capital Improvement - Otter Creek 60,000 82,840 22,840 377 Capital Improvement - Old Main 29,000 29,000 - 378 Capital Improvement - Tyler Creek 186,905 186,905 - 379 Capital Improvement - Sears Bldg. 606,710 1,917,125 1,310,415 380 Capital Improv. - 1983 Bond Issue - 2,199,000 2,199,000 385 Capital Improvement Fund 2,335,000 696,145 (1,638,855) 390 Water Bonds - Project Fund 485,755 3,249,170 .2,763,415 Total - Capital Improvements $ 4,193,470 $ 9,436.,.465 $ 5,242,995 MUNICIPAL ENTERPRISE 400 Water Operating Fund $ 5,230,675 $ 5,230,675 $ - 410 Water Improvement Fund 450,000 450,000 - 450 Parking Operating Fund 181,825 181,825 - 455 Spring St. Parking Operating 397,385 397,385 - 490 Parking Construction Fund - 497,400 497,400 500 Cemetery Operating Fund 216,325 216,325 - f 540 Golf Operating Fund 379,900 379,900. - 1 -- 543 Golf Improvement Fund 54,575 54,575 - 570 Transportation Operating Fund 1,777,015 1,777,015 - Total - Municipal Enterprise $.8,687,700 $ 9,18.5.,100 $ 497,400 TRUST AND AGENCY 600 Police Pension Fund $ 1,625,400 $ 1,625,400 $ - 610 Fire Pension Fund 1,764,600 1,764,600 - Total - Trust and Agency $ 3,390,000 $ 3,390,000 $ - INTERGOVERMENTAL SERVICE 630 Risk Management Fund. $ 598,040 $ 1,292,380 $ 694,340 700 Municipal Garage Fund - Ann St. 407,630 407,630 - 705 Municipal Garage Fd. - Crystal St. 547,260 547,260 - Total - Intergovernmental Serv. $ 1,552,930 $ 2,247,270 $. 694,340 Total - Gross Expenditures $40,928,750 $47,.586,655 $ 6,657,905 Less Interfund Transfers 5,247,005 5,180,110 66,895 Net Expenditures $35,681,745 $42,406,545 $ 6,724,800 CITY OF ELGIN 1983 BUDGET AMENDMENTS Expenditures: 700 Salaries and Wages $ - APPROVED $ 14,105 AMENDED Pension Contrib. - IMRF. - 545 545 7054 1983 715 1983 707 INCREASE 645 645 BUDGET Personal Services Recovered - BUDGET (DECREASE) 200 PUBLIC BENEFIT FUND General. Operating Supplies - 24,665 24,665 830 Transportation, Conferences - 65 Means of Financing: 990 New Construction - 24,665 24,665 $ - 672 Investment Income $ 27,500 $ 41,600 $ 14,100 6803 Contrib. From Fund Balance 73,.350 217,310 143,960 $ 100,850 $ 258,910 $ 158,060 Expenditures: 901 Principal Payment $ 210,155 $ 358,325 $ 148,170 902 Interest Payment 115,695 125,585 9,890 - $ 325,850 $ 483,910 $ 158,060 22.0 GRANT FUND Means of Financing: 494 State Grant - Trees & Shrubs ;$. - $ 39,250 $ 39,250 541 County Grant - 24,200 24,200 672 investment income - 700 700 $ - $ 64,150 $ 64,150 Expenditures: 700 Salaries and Wages $ - $ 14,105 $ 14,105 7051 Pension Contrib. - IMRF. - 545 545 7054 Pension Contrib. - FICA - 715 715 707 Insurance Charges - 645 645 709 Personal Services Recovered - (1,255) (1,255) 720 General. Operating Supplies - 24,665 24,665 830 Transportation, Conferences - 65 65 990 New Construction - 24,665 24,665 $ - $ 64,150 $ 64,150 245 RIVER13LUFF STREET LIGHTING DISTRICT Means of Financing: Unencumbered Cash Balance $ - $ 900 $ 900 672 Investment Income _ - 60 60 $ - $ 960 $ 960 Expenditures: 916 Transfer To General Fund $ - $ 960 $ 960 CITY OF ELGIN 1983 BUDGET AMENDMENTS 340 PARK DEVELOPMENT FUND Means of Financing: Unencumbered Cash 493 State Grant - Lagoon 644 Miscellanous Commodities 6692 Trans. From Revenue Sharing 6695 Trans. From General Fund 672 Investment Income 680 Donations 688 Royalties Expenditures: 800 Professional Services 990 New Construction 350 DOWNTOWN REDEVELOPMENT FUND Means of Financing:. Unencumbered Cash Balance 584 Parking - Non Metered Lots 595 Rental of Building & Land 645 Recovery of Costs 6692 Trans. From Revenue Sharing 672 Investment Income Expenditures: 800 Professional Services 840 Utilities 850 Repair & Maintenance Services 870 Miscellaneous Services 890 Boiler Insurance 9011 Principal Payment 902 Interest Payment 9194 Trans. To Capital Imprv. Fund 950 Real Estate Taxes 955 Contingencies 990 New Construction APPROVED 1983 BUDGET $ (4,700) 200 50,000 $ 45,5 $ 1,000 70,000 $ 71,000 12,000 27,000 100 $ 39,100 850 1,000 250 30,000 7,000 AMENDED 1983 BUDGET $ (1,220) 199,050 385 105,000 129,035 50 3,500 S 435,800 $ 11,300 450,000 $ 461,300 $ 18,405 8,000 36,250 92,325 79,500 500 $ 234,980 $ 5,000 2,045 400 3,500 200 105,000 12,900 4,275 51,660 50,000 $ 234,980 INCREASE (DECREASE) $ 3,480 199,050 385 105,000 129,035 (150) 3,500 (50,000) $ 390,300 $ 10,300 380,000 $ 390,300 $ 18,405 (4,000) 9,250 92,325 79,500 400 $ 195,880 $ 5,000 1,195 (600) 3,250 200 105,000 12,900 (30,000) (2,725) 51,660 50,000 $ 195,880 t CITY OF ELGIN 1983 BUDGET AMENDMENTS Expenditures: 870 APPROVED $ AMENDED $ 6,300 $ 6,300 990 1983 1983 76,540 INCREASE BUDGET $ BUDGET (DECREASE) $ 22,840 270 FEDERAL REVENUE SHARING FUND Expenditures: of Financing: 9131 Transfer To Park Development $ - $ 105,000 $ 105,000 9194 Transfer To Capital Imprv. Fund 725,000 509,305 15,305 (215,695) 9195 Transfer To Otter Creek Fund 50,000 50,000 113,500 - 9199 Transfer To Downtown Redev. - $ 79,500 $1,917.,125 79,500 955 Contingencies 12,850 44,045 31,195 $ 787,850 $ - 787,850 $ - 375 OTTER CREEK CAPITAL IMPROVEMENT FUND Contingencies 105,710 489,875 384,165 980 Means of Financing: 415,300 318,825 (96,475) 990 Unencumbered Cash $ 9,325 $ 31,040 $ 21,715 672 Investment Income 675 606,710 1,800 $1,310,415 1,125 $ 10,000 $ 32,840 $ 22,840 Expenditures: 870 Miscellaneous Services $ - $ 6,300 $ 6,300 990 New Construction 60,000 76,540 16,540 $ 60,000 $ 82,840 $ 22,840 379 SEARS BUILDING CAPITAL PROJECT Means of Financing: Unencumbered Cash Balance $ 566,710 $1,788.,320 $1,221,610 645 Recovery of Costs - 15,305 15,305 672 Investment Income 40,000 113,500 73,500 $ 606,710 $1,917.,125 $1.,310,415 Expenditures: 9141 Transfer To Corporate Bonds $ 85,700 $ 80,000 $ (5,700) 955 Contingencies 105,710 489,875 384,165 980 Major Repairs 415,300 318,825 (96,475) 990 New Construction - 1,028,425 1,028,425 $ 606,710 $1,917,125 $1,310,415 380 1983 BOND ISSUE CAPITAL IMPROVEMENT Means of Financing: 672 Investment Income $ - $ 19,000 $ 19,000 696 Sale of Bonds - 2,180,000 2,180,000 $ - $2,199,000 $2,199,000 CITY OF ELGIN 1983 BUDGET AMENDMENTS 385 CAPITAL IMPROVEMENTS FUND Means of Financing: 525 Federal Grant - FAU $ - $ 70,875 APPROVED AMENDED County Grant - Bridge 1983 1983 INCREASE 6692 BUDGET BUDGET (DECREASE). 380 1983 BOND ISSUE CAPITAL IMPROVEMENT 6693 Transfer From Downtown Redev. Expenditures: - (30,.000) 800 Professional Services $ - $ 20,000. $ 20,000 955 Contingencies - 1,027,265 1,027,265 960 Capital Replacements - 95,735 95,735 980 Major Repairs - 140,000 140,000 990 New Construction - 916,000 916,000 $ - $2,199,000 $ 2,199,000 385 CAPITAL IMPROVEMENTS FUND Means of Financing: 525 Federal Grant - FAU $ - $ 70,875 $ 70,875 542 County Grant - Bridge - 5,000 5,000 6692 Transfer From Fed. Rev. Sharing 725,000 509,305 (215,695) 6693 Transfer From Downtown Redev. 30,000 - (30,.000) 6695 Transfer From General Fund 240,000 110,965 (129,035) 696 Sale of Bonds 1,340,000 - (1,340,000) $2,335,000 $ ,696,145 $(1,638,855)(" Expenditures: 955 Contingencies $ 115,985 $ 82,740 960 Capital Replacements 345,590 232,480 970 Capital Additions 131,000 - 980 Major Repairs 624,525 291,325 990 New Construction 1,117.,900 89,600 $ 35,755 $2,799,170 $2,335,000 $ 696,145 390 WATER CONSTRUCTION Means of Financing: Unencumbered Cash $ 420,755 $2,973,980 645 Recovery of Costs - 190 672 Investment Income 65,000 275,000 $ 485,755 $3,249,170 Expenditures: 820 Office Services $ - $ 3,325 955 Contingencies 35,755 526,255 960 Capital Replacements - 840 970 Capital Additions - 17,735 980 Major Repairs - 858,745 990 New Construction - 1,392,270 $ 35,755 $2,799,170 $ (33,245) (113,.110) (13';000) (333,200) (1,028,300) $(1,638,855) $ 2,553,225 190 210,000 $ 2,763,415 $ 3,325 490,500 840 17,735 858,745 1,392,270 $ 2,763,415 CITY OF ELGIN 1983 BUDGET AMENDMENTS APPROVED AMENDED 1983 1983 INCREASE BUDGET BUDGET (DECREASE) 490 PARKING CONSTRUCTION FUND Means of Financing: Unencumbered Cash Balance $ - $ 1,020 $ 1,020 510 Commuter Parking Grant - 396,080 396,080 512 RTA Capital Grant - 70,000 70,000 698 To Be Provided Other Sources - 30,300 30,300 $ - $ 497,400 $ 497,400 Expenditures: 990 New Construction $ - $ 497,400 $ 497,400 630 RISK MANAGEMENT FUND Means of Financing: Unencumbered Cash $ (8,125) $ 19,385 $ 27,510 645 Recovery of Costs 5,000 5,500 500 6501 Insurance Charges - W/C 316,470 335,3.30 18,860 6502 Insurance Charges - Auto 65,960 64,440 (1,520) 6503 Insurance Charges - Liability 138,900 122,850 (16,050) 6505 Insurance Charges - Medical - 634,865 634,865 6506 Insurance Charges - Life - 16,575 16,575 672 Investment Income 25,000 38,000 13,000 673 Interest Income - 600 600 $ 543,205 $1,237,545 $ 694,340 Expenditures: 800- Professional Services $ 53,400 $ 53,585 $ 185 850 Repair & Maintenance Services 20,000 16,000 (4,000) 871 Medical Insurance - 70,745 70,745 872 Life Insurance - 16,595 16,595 880 Public Official Libility 9,150 8,930 (220) 881 Workers Compensation Insurance 43,675 42,935 (740) 882 Automobile Insurance 10,700 10,550 (150) 883 Liability Insurance 56,875 54,025 (2,850) 884 Umbrella Liability Insurance 24,600 22,925 .(1,675) 886 Surety Bonds 75 300 225 887 Inland Marine Insurance 16,400 16,335 (65) 888 Property Insurance 36,850 42,625 5,775 889 Crime & Faithful Performance 1,575 1,535 (40) 890 Boiler Insurance 2,525 6,085 3,560 891 Workers Compensation Claims 220,000 175,000 (45,000.) 893 Auto Liability - Bodily Injury 12,500 7,500 (5,000) 894 Auto Liability - Property Damage 20,000 10,000 (10,000) 897 Miscellaneous Insurance Claims 5,000 10,000 5,000 898 Medical Claims - 589,070 589,070 955 Contingencies 28,965 101,890 72,925 $ 562,290 $1,256,630 $ 694,340 561 VOLUME XLVIII Section 2. That this ordinance shall be in full force and effect from f and after its passage. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19, 1983 Passed: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED REDUCING THE 1983 TAX - LEVY ORDINANCE Councilwoman Shales made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance.No. T4 -83 AN ORDINANCE REDUCING THE 1983 TAX LEVY ORDINANCE 562 WHEREAS, on September 12, 1983 the City Council of the City of Elgin passed an 'Ordinance No. T1 -83 entitledarR dinance for the Levy and Assess- ment of TAxes for the Fiscal Year BegiH 'ng January 1, 1983 and Ending December 31,1'1983 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 1983, the total sum of $6,922,017.00 for all purposes of the City of Elgin and WHEREAS, said tax levy ordinance included a levy of $4,638,384.00 for general corporate purposes; and WHEREAS, said levy for general corporate purposes includes $4,592,000.00 as the amount tb4be raised by taxation for general corporate purposes plus an additional $46`384.00 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 f'or general corporate purposes is $4,343,740.00 plus an additional $43,87 ;.00 to cover loss of collection. NOW, THEREFORE, BE IT ORDAINED BY THE CITY tOUNCIL OF THE CITY OF ELGIN, ILLINW* Section 1. That the County Clerks of Kane and Cook Counties; are hereby authorized and directed to abate a portion of the tax of $4,638,384.00 for general corporate purposes for the year 1983 as provided and levied in the tax levy ordinance T1 -83 providing for the general levy upon all taxable property within the corporate limits of the City of Elgin, subject to taxa- tion for the year 1983, passed September 12, 1983, a copy of which was filed with.each of said county clerks; said tax shall be abated by reducing said sum .$ 168'Weand extending a tax for general corporate purposes for the year'1983 in the amount of $4,387,616.00 against all property within the corporate limits o City of Elgin, Kane and Cook Counties, and subject to taxation for the year 1983. Section 2. That stion 1 of the tax levy ordinance T1 -83 passed September 12, 1983 is`)iereby amended to read as follows: "That there be and there is hereby levied upgn all taxable property within the corporate limits of the City,t-Subject to ,ell- t on for the year 1983, the total sum of $6,671 249.00 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in '* specific amounts levied for the various pruposes herPtoforr named being included 'herein by being placed in a separatewcoidh# under the heading "To Be Raised By Taxation which aprs over the same, 563 VOLUME XLVIII the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said° ,*taax evy, 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, 1983.- 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: December 19, 1983 Passed: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: S/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1983 FOR GENERAL OBLIGATION WATER BONDS', SERIES Councilman Hansen made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. TS -83 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1983 FOR GENERAL OBLIGATION WATER BONDS, SERIES 1980 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S1 -80, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook. Counties, Illinois, to the Amount of $18,900,000 for Paying the Cost of Constructing Public Improvements in said City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of Said Bonds; and WHEREAS, the levy of the tax for the year 1983 provided in the ordi- nance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 564 Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $1,663,500 for the year 1983 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, 1983. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. sL Richard L. Verbic Richard E. Verbic, Mayor . Presented: December 19, 1983 Passed :' December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: A, test: s� /j`Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1983 FOR GENERAL OBLIGATION PARKING PARKING BONDS, SERIES 1960A Councilman Gilliam made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, and Mayor Verbic. Nays: None. Present: Councilman Andersen. 565 VOLUME XLVIII Ordinance No. T6 -83 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1983 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 1983 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 $308,625 for the year 1983 as provided and levied in the ordinance providing for the issuance of $2,600,000 General Obligation Parking Bonds, Series 1980A, passed October 22, 1980, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the-County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1983. 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 19, 1983 Passed: December 19, 1983 Vote: Yeas 5 Nays 0 Present Recorded: Published.: Attest: �( s Marie Ye�lman Marie earman, City clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR l9b3 FOR 'RECREATION CENTER BONDS Councilwoman Shales made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIII Ordinance No. T7 -83 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1983 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 for the Purpose of Paying the Cost of Equipping Certain Land Heretofore Dedicated and Set Apart for Use as a Recreation Center by Necessary Grading, Draining, Planting and Landscaping and Including Constructing thereon a Golf Course, Shelter House, Parking Area and Other Appurtenant Improvements, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of Said Bonds;. and WHEREAS,,.the levy of the tax for the year 1983 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 $53,075 for the year 1983 as provided and levied in the ordinance providing for the issuance of $550,000 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, 1983. 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 19 1983 Passed: December l -, 1983 Vote: Yeas 6 Nays 0 Recorded:. Published: Attest: SMarie Yea an _ ._.. .. Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX 566 Councilman Gilliam made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas, Councilmen Andersen,, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None; 567 VOLUME .'XLVI I Ordinance No. T8 -83 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1983 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1975 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance 'SS -7S, 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 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 1983 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 $128,300 for the year 1983 as provided and levied in the ordinance providing for the issuance of $3,300,000 General Obligation Corporate Purpose Bonds, Series 197S, passed June 11, 1975, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1983. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law; Presented: December 19, 1983 Passed: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Cler s/ Richard L. Verbic Richard L. Verbic, Mayor E PASSED ABATING A PORTION OF THE Councilman Gilliam made a motion, seconded by Councilman Hansen., to pass the aforementioned ordinance. Yeas: Councilmen Andersen Gilliam, Hansen, Schmidt, Shales, and Mayor Verbic. Nays: None,,. , VOLUME XLVIII Ordinance No. T9 -83 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1983 FOR STREET IMPROVEMENT BONDS 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 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 Resurfacingi 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 1983 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 $144,577 for the year 1983 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 1983 in the amount of $69,577 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, 1983. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Presented: December 19, 1983 Passed: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: , s/ Mares ie YYeea an Marie Yearman, City Clerk ORDINANCE s/ Richard L. Verbic Richard L. Verbic, Mayor D ABATING A PORTION OF THE 0- -j Councilman Gilliam made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 569 Ordinance No. T10 -83 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1983 FOR CORPORATE PURPOSE BONDS, SERIES 1976 VOLUME XLVIII 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 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 total of the levy of the tax for the year 1983 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 $361,275 for the year 1983 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 $139,950 and extending a tax for the year 1983 in the amount of $221,325 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, 1983. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Presented: December 19, 1983 Passed: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: c� s/ Marie Ye rmLr Marie Yearman, City Cler s/ Richard L. Verbic Richard L. Verbic, Mayor ABATING A PORTION OF THE Councilman Hansen made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIIfl 570 Ordinance No. Tll -83 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1983 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 T5 -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 Interest of the Bonds; and - WHEREAS, the total of the levy of the tax for the year 1983 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILL'INOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $438,625 for the year 1983 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 he abated by reducing said sum $90,430 and extending a tax for the year 1983 in the amount of $348,195 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, 1983. 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 19 1983 Passed: December 1 §, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: At ae st � � s/ Marie Ye marti Marie Yearman, City Clerk ORDINANCE PASSED ADOPTING THE 1984 BUDGET Councilman Gilliam made a motion., seconded by Councilwoman Shales, to pass the aforementioned ordinance, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None, 571 VOLUME XLVIl1 Ordinance No. T12 -83 F AN ORDINANCE ADOPTING THE 1984 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 1984; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least ten days; and WHEREAS, the City Council of the City of Elgin, Illinois has con- ducted a public hearing on the tentative annual budget; and WHEREAS, the City Council of the- -City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget director and placed on file as required by the statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropria- tion ordinance for fiscal year 1984 with the following amendments: Proposed Amended Increase Budget Budget (Decrdase) 010 - GENERAL FUND Means of Financing: Unencumbered Cash Balance $2,032,740 $2,052,740 $ 20,000 4019 Current Property Tax Receipts 4,592,000 4,343,740 248,260) $6,624,740 $6,396,480 1 (228,260) Expenditures: 011 Mayor and City Council 707 Insurance Charges $ 385 $ 14,700 $ 14,315 830 Transportation, Conferences -11,050 .,__ 14,410. _ 3,360 014 Personnel and Administrative Services 700 Salaries and Wages $ 79,;510 $ 79,495 $ ( 15) 015 Legal Department 700 Salaries and Wages $ 100,455 $ 100,450 $ ( 5) Proposed Amended Increase Budget Budget (Decrease) 019 Boards and Comissions 9532 Economic Development Commission $ 21,000 $ 33,500 $ 12,500 9534 Chamber of Commerce 20,500 28,000 7,500 9535 Central Elgin Corp. 10,000 -0- ( 10,000) 020 Finance Department 700 Salaries and Wages $ 479,.890 $ 479,865 ${ 25) 970 Capital Additions 6,950 26,950 20,000 030 Department of Buildings 700 Salaries and Wages $ 180,045 $ 179,590 $( 455) 7051 Pension Contributions - DARF 23,020 22,960 ( 60) 707 Insurance Charges 20,240 20,210 { 30) 980 Major Repairs 33,705 26,345 ( 7,360) 050 Police Department 700 Salaries and Wages $3,774,485 $3,762,735 $( 11,750) 700 Insurance Charges 465,330 464,505 ( 825) 060 Fire Department - Fire Operations 700 Salaries and Wages $2,501,585 $2,493,795 $( 7,790) 707 Insurance Charges 299,025 298,440 ( 585) 061 Fire Department - Bureau of Inspection Services 700 Salaries and Wages $ 208,525 $ 208,520 $( 5) 071 Public Works - Administration 700 Salaries and Wages $ 80,965 $ 80,945 $( 20) 072 Public Works - Engineering Division 700 Salaries and Wages $ 303,125 $ 302,960 $( 16S) 7051 Pension Contributions - IMRF 38,500 38,480 ( 20) 707 Insurance Charges 35,755 35,740 ( 15). 074 Public Works - Electrical Division 700 Salaries and Wages $ 126,305 $ 125,680 $( 625) 7051 Pension Contributions - EARF 16,190 16,105 ( 85) 707 Insurance Charges 14,770 14,720 ( 50) 075 Public Works - Sanitation Division 700 Salaries and Wages $ 337,095 $ 336,330 $( 765) 7051 Pension. Contributions - DIRF 44,180 44,080 ( 100) 707 Insurance Charges 57,500 57,420 ( 80) Proposed Budget 076 Public Works - Street 190) 70,530 ( Division 25,800 ( 700 Salaries and Wages $ 502,900 20,000) 7051 Pension Contributions 5,000) - Parks Maintenance - FARF 64,950 707 Insurance Charges 70,650 406,310 800 Professional Services 63,800 850 Repair and Maintenance 51,670 707 Insurance Charges Services 102,600 44,405 980 Major Repairs 64,000 077 Public Works - Sewer Division 700 Salaries and Wages $ 169,500 7051 Pension Contributions 105,345 $ 105,230 - EARF 22,240 707 Insurance Charges 21,575 800 Professional Services 25,000 980 Major Repairs 20,000 079 Public Works - Construction Division 700 Salaries and Wages $ 231,540 7051 Pension Contributions - IMRF 30,490 707 Insurance Charges 26,985 082 Public Property and Recreation - Recreation Division 700 Salaries and Wages $ 128,230 7051 Pension Contributions - FARF 8,425 087 Public Property and Recreation Amended Increase Budget (Decrease) $ 501,485 $( 1,415) 64,760 ( 190) 70,530 ( 120) 25,800 ( 38,000) 82,600 ( 20,000) 59,000 ( 5,000) $ 168,390 $( 1,110) 22,090 ( 150) 21,485 ( 90) 18,000 ( 7,000) -0- (" 20,000) $ 230,350 $( 1,190) 30,330 ( 160) 26,910 ( 75) $ 128,200 $( 8,420 - Mall Coordinator 820 Office Services $ 13,530 $' 12,530 870 Miscellaneous Services 8,345 6,345 088 Public Property and Recreation - Parks Maintenance 700 Salaries and Wages $ 407,260 $ 406,310 7051 Pension Contributions - IlKRF 51,795 51,670 707 Insurance Charges 44,465 44,405 970 Capital Additions 10,065 13,765 089 Public Property and Recreation - Hemmens Bldg. 700 Salaries and Wages $ 105,345 $ 105,230 7051 Pension Contributions - IIdRF 11,695 11,680 707 Insurance Charges 12,765 12,760 30) 5) $( 1,000) ( 2,000) $( 950) ( 125) ( 60) 3,700 $( 115) ( 15) ( 5) Proposed Amended Increase Budget Budget (Decrease) 190 Non - Departmental 913 Transfer to Improvement Fund 384,000 $, 234,000 $( 150,000) $11;892,235 111,663,975 $( 228,260) 385 - CAPITAL IMPROVEMENTS D Means of e Unencumbered Cash Balance $ 82,740 $ 147,740 $ 65,000 542 Transfer from General Fund $ 917,770 $ 384,000 234,000 ( 150,000) $ 466,740 $ 381,740 $( 85,000) Expenditures: ­Y60 Capital Replacements $ 174,750 $ 239,750 $ 65;000 980, I jdr aegaar 2, U&J5A t 2_ 4 s - 150;044 v 2;299000 850'00)' 400 - WATER OPERATING FUND Expenditures: 700 Salaries and Wages 7051 Pension Contributions Dw 707 Insurance Charges 955 Contingencies 450 - PARKING OPERATING FUND Expenditures: 700 Salaries and Wages 7051 Pension Contributions - IMRF 707 Insurance Charges 955 Contingencies 500 - CEMETERY OPERATING FUND Expenditures: 700 Salaries and Wages 7051 Pension Contributions - IMRF 955 Contingencies $ 699,615 $ 698,570 89,640 89,500 76,840 76,775 51,675 52,925 $ 917,770 $ 917,770 $( 1,045) ( 140) ( 65) 1,250 $ -0e $ 92,780 $ 92,505 $( 275) 12,340 12,305 ( 35) 10,095 10,075 ( 20) 330 660 330 $ 115,545 $ 115,545 -D- $ 102,855 $ 102,825 $( 30) 12,970 12,965 ( 5) 31,115 31,150 35 $ 146,940 $ 146,940 $ -0- 540 - GOLF OPERATING FUND Expenditures: 700 Salaries and Wages 7051 Pension Contributions - FARF 707 Insurance Charges 955 Contingencies 570 - TRANSPORTATION OPERATI% FUND Means of Financing: 511 RTA Grant Expenditures: 700 Salaries and Wages 7051 Pension Contributions - IMRF 707 Insurance Charges 700 - MUNICIPAL GARAGE FUND - ANN ST. Expenditures: 700 Salaries and Wages 7051`Pension Contributions Proposed Amended Increase Budget Budget (Decrease) $ 174,015 $ 173,745 $( 270) 19,450 19,415 ( 35) 17,425 17,410 ( 15) 7,425 7,745 320 $ 218,315 $ 218,315 -0- $ 1,368,830 $ 1,363,305 $( 5,525) $ 967,895 $ 963,280 $( 4,615) 127,680 127,065 ( 615) 120,440 120,145 ( 295) $ 1,216,015 $ 1,210,490 $( 5;525) $ 176,100 $ 176,005 $( 95) - IMRF 23,360 23,350 (- 10) 707 Insurance Charges 20,610 20,605 ( 5)r 955 Contingencies 5,345 5,455 110 $ 225,415 $ 225,415 $ -0 705 - MUNICIPAL GARAGE FOND - CRYSTAL ST. Expenditures: 700 Salaries and Wages 7051 Pension Contributions - IMRF 707 Insurance Charges 955 Contingencies $ 215,745 $ 215,450- $( 295). 28,695 28,655 ( 40) 27,180 27,160. ( 20). 2,620 2,975 355 $ 274,240 $ 274,240 $ -0- r VOLUME XLVIII 576 Section 20 That the budget director is hereby authorized and directed to cause to be prepared and published the 1984 annual budget with the afore- mentioned amendments. Section 3, That this ordinance shall be in full force and effect from and after January 1, 1984, s/ Richard L. Verb =ic RicharJ Le V ®r ic, Mayor Presented:_ December 19, 1983 Passed: December 19, 1983 Vote: Yeas 6 Nays O }Recorded: Published: Attest: s Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED ESTABLISHING EXEMPTIONS Councilman Gilliam made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None, 577 VOLUME XLVIII Ordinance No; G -50 -83 AN ORDINANCE ESTABLISHING EXEMPTIONS FROM THE CLASSIFIED CIVIL SERVICE OF THE CITY OF ELGIN WHEREAS, the City of Elgin has previously adopted the provisions of Division 1 of Article 10 of Chapter 24 of the Illinois Revised Statutes, 1977, providing for Civil Service in cities; and WHEREAS, the City of Elgin pursuant to the Constitution of 1970 is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, it is' necessary and desirable to exempt certain management, professional and supervisory positions from the classified civil service of the City of Elgin in order to promote the professional recruitment and selection of qualified candidates for said positions; and WHEREAS, because of the confidentiality of certain clerical positions, it is desirable that said positions be appointive in nature. - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS; Section 1. That Section 3.04.040 be and is hereby added to Chapter 3.04 of the Elgin Municipal Code, 1976, as amended, to read as follows: "3.04.040 Exemptions from Classified Service. That in addition to the exemptions from the classified civil service described in Section 10 -1 -17 of Division 1 of Article 10 of Chapter 24 of the Illinois Revised Statutes, 1977; the following positions shall also be exempt from the classified, civil service: Water Operations Director, Engineering Director, Deputy Finance Director, Engineering Supervisor, Civil Engineer II, Parks Superintendent, Public Works Superintendent, Water Operations Engineer, Accounting Manager, Purchasing Agent, Senior Planner, Senior Planner /Land Use Administrator, Data Processing Supervisor, Electrical Superintendent, Garage Manager, Greens Superintendent, Recreation Director, Construction Superintendent, Crime Analyst /Records, Associate Planner, Public Health Officer, Auditorium Operations Manager, Chief Water Plant Operator, Sewer Supervisor, Transit Supervisor, Assistant Public Works Superintendent, Chief Engineering Inspector, Civil Engineer I, Accountant, Analyst Programmer, City Clerk, Planner, Assistant Building Maintenance Superintendent, Parks Maintenance Supervisor, Water Meter Supervisor, Garage Supervisor, Human Relations Coordinator, Program Coordinator, Parking Meter Supervisor, Water Laboratory Chemist, Program Analyst, Programmer, Recreation Supervisor, Executive Secretary, Personnel Assistant, Legal Secretary, Police Secretary and Clerk Typist - Personnel. VOLUME XLVIII That any person appointed either by the Civil Service Commission or have been reclassified while maintaining their Civil Service status to any of the above- described positions prior to the effective date of this ordinance shall continue to be a member of the classified civil service of the City of Elgin until separated from said service of the City of Elgin.until separated from said civil service in the manner provided by laws 578 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19 1983 Passed: December 0. 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE MANAGEMENT GROUP BENEFIT PROGRAM Councilman Gilliam made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 579 VOLUME XLVIII Ordinance No. G51 -83 AN ORDINANCE - AMENDING THE MANAGEMENT GROUP BENEFIT PROGRAM WHEREAS, the City Council of the City of Elgin authorized on December 23, 1973, 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 there is hereby established a benefit program for the position of Mayor and City Councilpersons as,follows; (1) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents. (2) Life Insurance $20,000 term group coverage. (3) Physical Exam - $50 reimbursement for annual. physical or health maintenance examination. Section 2. That there is hereby established a benefit program for the position of City Manager, Police Chief, Public Works Director, Fire Chief, Finance Director, Public Property and Recreation Director, Water Operations Director, Assistant to the City Manager, Engineering Director, Planning Director, Building Maintenance Director, Transit Director, Deputy Finance. Director and Corporation Counsel 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, plus annual accrual. (3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependent with employee option to continue upon retirement until age 65, after twenty (20) years service with payment of premium by retiree. (4) Life Insurance - $20,000 group term coverage. (5) Physical Exam- $50 reimbursement for annual physical or health maintenance 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 administratively by the City Manager. (7) Uniform Allowances — Fifty Dollars ($50) uniform allowance differential for Fire and Police management personnel above the authorized annual employee allowances for Fire and Police employee groups. Section 3. That there is hereby established the benefit program for the positions of Deputy Police Chief, Deputy Fire Chief, Police Captain, Engineering Supervisor, Police Lieutenant II, Civil Engineer II, Parks Superintendent, Public Works Superintendent, Water Operations Engineer, Accounting Manager, Purchasing Agent, Senior Planner, Land Use Administrator, Data Processing Supervisor, Electrical Superintendent, Garage Manager, Greens Superintendent, Recreation Director, Construction Superintendent and Assistant Corporation Counsel as follows: (1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service - 3 weeks 12 years and over - 4 weeks (2) Sick Leave - Thirty (30) days placed on account upon commencement of employment plus annual accrual. (3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependent with employee option to continue upon retirement until age 65, after twenty (20) years of service with payment of premium by retiree. (4) Life Insurance - $17,500 group term coverage. (5) Physical Exam - $50 reimbursement for annual physical or health maintenance examrnation.e (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 administratively 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 4. That there is hereby established a benefit program for the positions of Fire Captain, Police Lieutenant I, Crime Analyst /Records, Associate Planner, Public Health Officer, Auditorium Operations Manager, Chief Plant Operator, Sewer Supervisor, Transit Supervisor, Assistant Public Works Superintendent, Chief Engineering Inspector, Civil Engineer 1, Accountant, Analyst /Programmer, City Clerk, Planner, Assistant Building Maintenance' Superintendent, Parks Maintenance Supervisor, Water Meter °Supervisor, Garage Supervisor, Human. Relations Coordinator, Program Coordinator, Parking Meter Supervisor, Water Laboratory Chemist, Program 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 74 years and over 4 weeks. (2) Sick Leave - Fifteen (15) days placed on account upon commencement of employment plus annual accrual. (3) Medical Insurance - Comprehensive Major Medical Insurance for employee and dependents with employee option to continue upon retirement until- age 65, after twenty (20) years of service with payment of premium by retiree. (4) Life Insurance - $15,000 group term coverage. (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 administratively 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 personnel above the authorized annual employee allowances for the Fire 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 5. That the Police Management positions of Police Chief, Deputy Police Chief, Police Captain, Police Lieutenant II and Police Lieutenant I shall be included in a sick leave occurrence program as follows: (1) Said employees shall receive full pay for the first six (6) sick leave occurrences in a payroll year. (2) Said employee shall not be paid for the first (lst) day of a seventh (7th), or any other subsequent stick leave occurrences in a payroll year. (3) For the purpose of definition, only situations of sick leave used for bereavement or on- the -job injuries shall not be charged as an occurrence. (4) Said employees shall have established a $150 sick leave occurrence bank each payroll year. For each occurrence during the payroll year, $30.00 shall be deducted from the employee's individual bank. (5) Employees on the payroll at the end of each payroll, year shall receive a voucher payment equal to the balance remaining in their individual occurrence bank. VOLUME XLVIII 582 Section 6. 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 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 effective as of December 25, 1983. s/ Richard L. Verbic Richard L. Verbic, Mayor Present: December 19, 1983 Passed: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ARTICLE IV. ENTITLED Councilman Gilliam made a motion, seconded.by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: ,Councilmen Andersen, Gilliam, Hansen, Schmidt; Shales, and Mayor Verbic. Nays: None. 583 VOLUME XLVIII Ordinance Noe G -52 -83 AN ORDINANCE AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINI "STRATION 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 Noe S -569, passed December 23, 1955), as amended, the folTowing 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 4805 65 A Corporation Counsel 3466 3660 3865 4081 4309 4550 58 A Police Chief 3149 3293 °♦3429 3581 3735 3895 Fire Chief Public Works_ Director City, Engineer 55 A Finance Director 2954 3086 3217 3357 3503 3657 52 A Public Property and 2767 2890 3019 31.49 3293 3429 Recreation Director Water Operations Director 50 A Assistant to City Manager 2652 2767 2890 3019 3149 3293' Engineering Director Planning Director 47 A Building Maintenance Director 2491 2597 2709 2829 2954 3086 Deputy Finance Director 46 A Transit Director 2440 2543 2652 2767 2890 301.9 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 3154 3288 49 B2 Deputy Fire Chief 3084 3221 48 B1 Police Captain 2909 3023 3154 48 B Engineering Supervisor 2541 26.52 2770 2885 3007 3138 46 B3 Police Lieutenant Ii 2909 3023 46 B Civil Engineer 11 2443 2541 2652 2770 2885 3007 Parks Superintendent Public Works Superintendent Water Operations Engineer 44 B Accounting Manager 2340 2443 2541 2652 2770 2885 Purchasing Agent `'Senior Planner Senior Planner /Land Use Administrator 43 B Data Processing Supervisor 2295 2390 2493 2596 2711 2827 41 B Electrical Superintendent 2202 2295 2390 2493 2596 2711 Garage Manager Greens Superintendent Recreation Director 37 B Construction Supervisor 2020 2105 2202 2295 2390 2493 34 B Assistant Corporation Counsel 1908 1991 2065 2151 2250 2340 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 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 2830 2959 2772 2894 2605 2714 2830 2295 2390 2493 2596 2703 - 2819 Salary Range Position I II III IV V VI ;- 40 C Associate Planner 2151 2250 2340 2443 2541 2652 Public Health Officer 38 C Auditorium Operations Manager 2065 2151, 2250 2340 2443 2541 Chief Plant Operator Sewer Supervisor Transit Supervisor 37 C Assistant Public Works 2027 2115 2202 2295 2390 2493 Superintendent Chief Engineering Inspector Civil Engineer I 35 C Accountant 1949 2027 2115 2202 2295 2390 Analyst /Programmer City Clerk Planner 34 C Assistant Building Maintenance 1908 1991 2065 2151 2250 2340 Superintendent Parks Maintenance Supervisor Water Meter Supervisor C1 Assistant Garage Manager 33 C Human Relations Coordinator 1858 19A9 2027 211x5 2202 2295 Program Coordinator 32 Cl Parking Meter Supervisor 1821 1908 1991 2065 2151 2250 31 C Water Laboratory Chemist 1783 1858 1949 2027 211:5 2202 29 C Program Analyst 1711 1783 1858 1949 2027 21T5 Programmer Recreation Supervisor 24 C6 Executive Secretary 1541 1607 1674 1746 1821 19D8 Personnel Assistant 15 C6 Legal Secretary 1278 1333 ,1389 1449 1510 1574 6 C6 Clerk- Typist - Personnel 1061 1106 1151 1201 1252 1305 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, VOLUME XLVIII 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 25, 1983. s/ Richard L. Verbic Richard L. Verbic; Mayor Presented: December 19, 1983 Adopted: December 19, 1983 Vote: Yeas ,6 NaysO Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 200 BROOK STREET FROM M-1 LIMITED MANUFACTURING DISTRICT TO B-4 GENERAL SERVICE DISTRICT ME Councilman Schmidt made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays : None. 587 VOLUME XLVIII Ordinance No. G53 -83 AN ORDINANCE RECLASSIFYING PROPERTY AT 200 BROOK STREET FROM M -1 LIMITED MANUFACTURING DISTRICT TO B -4 GENERAL SERVICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 200 Brook Street, Elgin, Illinois, from 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 hereinbe£ ore 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 District, the following described property: Lots 79 80, 81, 82 and 83 and the vacated Westerly 8 feet of that part of Brook Street lying Easterly of and adjoining said Lot 83 of Phineas J. Kimball's Jr. 2nd 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. Ver ac, Mayor Presented: December 19 1983 Passed: December f9, 1983 Vote: Yeas 6 Nays 0 Recorded: Published: Att s„ t: s/ Marie Yea man Marie Yearman, City Clerk VOLUME XLVIII 588 CONTINUATION OF PUBLIC HEARING ON PETITION 11-81 RRn11PCTI1%1r. AAIA11:- YATTnK1 R --4 CFR\ /IrP Councilman Gilliam made a motion, seconded by`Councilman Schmidt, to continue the Public Hearing on Petition 31 -83 to the next regular Council Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays; None. ORDINANCE PASSED AMENDING AN:ORDINANCE GRANTING A SPECIAL USE FOR A LANNED UNIT DEVELOPMENT AT E._A -rl AND-DEVONSHIRE COURT Councilman Hansen made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 589 VOLUME XLVI11 Ordinance No. G54 -83 AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT AT NORTH LYLE AVENUE AND DEVONSHIRE COURT WHEREAS, Ordinance No. G46 -80, passed June 25, 1980, granted a special use for a residential planned unit development to develop a townhouse /condominium residential project upon certain property legally described below; and WHEREAS, written application has been made to amend the special use for a residential planned unit development granted with respect to Phase III of said development; and WHEREAS, the Land Use Commnittee conducted a public hearing after due notice in the manner required by law and has recommended granting the amendment requested; and WHEREAS, the City Council of the City of Elgin has reviewed the findings and recommendations of the Land Use Committee and concurs in the amendment of the, special use as requested. NOW, THFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, IIU -WIS-. Section 1. That Ordinance No. G46 -80, passed June 25, 1980, granting a special use for a residential planned unit development for a townhouse /condominium residential project upon the following legally described territory: Of that part of the Southeast quarter of Section 32, Town- ship 42 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southwest corner of said Southeast quarter of Section 32; thence Northerly along the West line of said Southeast quarter, a distance of 741.06 feet to the Northerly line, extended Westerly, of Century Oaks West Unit No. 2, being a subdivision of part of Fractional Section 3, Township 41. North, and part of Section 32, Township 42 North, all Range 8 East of the Third Principal Meridian; thence Easterly, along the Northerly line, extended Westerly of Century Oaks West Unit No. 2, a distance of 1050.96 feet to the Northwest corner of Lot 83 in said Century Oaks West Unit No. 2; thence Southerly, along the Westerly lines of Lots 83, 84 and 85 in said Century Oaks West Unit No. 2, a distance of 260.0 feet to an angle in the Westerly line of said Lot 85; thence Southeasterly, along the Westerly line of said Lot 85, a distance of 116.0 feet to the most Southerly corner of said Lot 85, being also the Northwesterly corner of Lot 160 in Century Oaks West. Unit No. 3, being a subdivision of part of Section 3 and 32, as aforesaid; thence Southerly, along the Westerly lines of Lots 160 and 161 in said Century Oaks West Unit No. 3, a distance of 187.95 feet to the South- west corner of said Lot 161, being also a point on the Northerly lane of Lot 256 in Century Oaks West Unit No. 5, being a subdivision of part of Fractional Sections 3 and 4, Township 41 North, and part of Section 32, Township 42 North, all Range 8 East of the Third Principal Meridian; thence Westerly, along the Northerly lines of Lots 256, 257, 258, 259, 260 and 261 in said Century Oaks West Unit No. 5, a distance of 364.70 feet to the Northwest corner of said Lot 261, being also the Northeast corner of Lot 262 in said Century Oaks West Unit No. 5; t thence Northwesterly, along the Northerly lines of Lots 262, 263 and 264 in said Century Oaks West Unit No. 5, a distance of 271.20 feet to the most Northerly corner of said Lot 264, being also the Northeasterly corner of Lot 272 in said Century Oaks West Unit No. 5; thence South- westerly, along the Northerly line of said Lot 272, and along said Northerly line, extended Southwesterly, a distance of 191.17 feet to the Westerly line of North Lyle Avenue, as platted in said Century Oaks West Unit No. 5; thence Southerly, along the Westerly line of North Lyle Avenue, being along a curve to the right-and having a,radius of 294.72 feet, a distance of 105.0 feet, thence Southerly, along the Westerly line of North Lyle Avenue; being along a curve to the right having a radius of 670.0 feet and being tangent to the last described curve, a distance of 168.07 feet to the South line of Southeast quarter of Section 32; Township and Range aforesaid; thence Westerly, along said South line, a distance of 339.95 feet to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois, and con- taining 14.943 Acres more or less. is hereby amended as follows: A. That Phase III of the development shall be substantially in accordance with the revised planned unit development plat for Phase III prepared by Howard A. Meadows, an Illinois Land Surveyor, dated October 28, 1983, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. B. That the amendment herein granted shall be subject to submission and approval of final engineering plans and specifications which shall be substantially in accordance with the preliminary engineering plans prepared by Everett- Scheflow Engineers, dated December 7, 1983, a copy of which is attached hereto -and made a part hereof by reference as Exhibit B, and submission and approval of a subdivision performance bond prior to the issuance of any building permits. C. That landscaping for Phase III shall be provided substantially in accordance with the plan prepared by the Windsor Development Corpora- tion, a copy of which is attached hereto and made a part hereof by reference -'as Exhibit C. D. That all two unit structures shall be constructed substantially in accordance with the building elevation prepared by the Windsor Development Corporation, a copy of which is attached hereto and made a part hereof by reference as Exhibit D. E. Compliance with all other applicable codes and ordinances. Section 2. That the provisions of Ordinance No. G46 -80, passed June 25, 1980, be and are hereby modified with respect to Phase III of the planned unit development authorized herein as provided above. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the 'manner provided by lay.`' s/ Richard L. Verboc Richard L. Ver ic, Mayor 591 Presented: Passed: Vote: Yeas Recorded: Published: VOLUME XLVIII December 19, 1983 December 19, 1983 6 Nays O Attest: s arie Ye man Marie Yearman, City Clerk Councilman Hansen made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales and Mayor Verb'ic. Nays: Councilman Schmidt. VOLUME XLVIII 592 Ordinance No. GSS -83 AN ORDINANCE ESTABLISHING FEES-AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 1984 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 1984 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 1984 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) $310.00 $165.00 plus course fee $130.00 plus course fee $165.00 $ 95.00 plus course fee $.65.00 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 $1.50.. 'After Labor Day no course fee required for youth and senior pass play on Saturday, Sunday or holidays. DAILY FEE SPARTAN MEADOWS Adult (week days) Youth $ Senior (week days) Adult, Youth and Senior (Sat;, Sun., Holidays) League Rate (week days) WING PARK Adult (week days) Youth & Senior (week days) Adult, Youth and Senior (Sat., Sun., Holidays) League Rate (week days) Double Round Week Day Adult Double Round Sat., Sun., Holidays 18 Holes 9 Holes Twilight $ 7.50 $ 4.50 $ 4.50 $ 6.25 $ 3.50 $11.00 $ 7.00 $ 4.50 18 Holes 9 Holes Twilight - $ 4.50 $ 6.00 $ 3.50 $ 4.50 $ 6.00 $ 6.00 $ 3.75 $ 7.00 $10.00 SCHOOL TEAM RATES rt School golf rate to be $300.00 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 I. 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 statements 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, 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. VOLUME XLVIII 594 Section S. 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: December 19, 1983 Passed: December 19, 1983 Vote: Yeas 5 Nays 1 Recorded: Published; Attest: LA CL � s/ Marie Yea�t Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING FEES FOR THE USE OF THE HEMMENS MEMORIAL BUILDING Councilman Gilliam made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 595 VOLUME XLVIII RESOLUTION ESTABLISHING FEES FOR THE USE OF THE HEMMENS MEMORIAL. BUILDING WHEREAS, the Hemmens Building Advisory Committee of the City of Elgin has recommended that the fees and charges heretofore established for the use of the Hemmens Memorial Building be revised; and WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the Hemmens Building Advisory Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That from and after January 1, 1984 fees and charges for the use of the Hemmens Memorial Building shall be in accordance with the following schedule: I. Auditorium Base rental for actual performance shall be as follows: 1984 Show Time (Mon.- Thurs.) $240 Show Time (Fri.- Sun.) $260 (3 -Hour Block of Time) Additional Time shall be pro- rated. Second Performance (Mon.- Thurs.) $ 85 Second Performance (Fri. - Sun.) $ 90' 1985 $250 $280 $ 90 $100 Performance time shall include set changes, intermission(s) and curtain calls. The Auditorium. Director shall make the final determination as to the time of a performance in the case of a disagreement. Included in base rental charge shall be: lobby, ticket booths, coat rooms, rest rooms, two dressing rooms, two meeting rooms, and custodial services after the event. II. Exhibition Hall Base rental shall be as follows: 1984 1985 Show Time (Mon.- Thurs.) $240 $250 Show Time (Fri.- Sun.) $260 $280 (6 -Hour Block of Time) Additional Time shall be pro- rated. One /Half of Exhibition Hall Show Time a Full Hall Full Hall Personnel working the event shall be additional. Base rental shall include lower coat rooms, rest rooms, and sound system and also includes custodial services after the event. III. Rehearsal Room Base rental shall be as follows: Rehearsal Room (Mon.- Thurs.) Rehearsal Room (Fri.- Sun.) .;, $ 10 hr. $ 15 hr. 1985 $ 12 hr. $ 18 hr. Base rental shall include custodial services after the event. There shall be a minimum of three hours. IV. Meeting Room Base rental shall be $7.50 per hour plus equipment fees, if applicable. Base rental shall include custodial services after the event. There shall be a minimum rental of three hours. V. Entire Building Rates for the rental of the entire building shall be as follows: Show Time (Mon.- Thurs.) Show Time (Fri.- Sun.) (6 -Hour Block of Time) 1984 1985 $450 $475 $475 $500 Any time beyond base rental will be $75.00 per hour. VI: Rehearsal and Move -In /Out Charge Non - performance use of the Auditorium and /or Exhibition Hall such as moving - in/out, set -ups, or rehearsals shall,be -as follows: 1984 1985 Rehearsal Time (Mon.- Thurs.) $ 17 hr. $ 18 hr. Rehearsal Time (Fri.- Sun.) $ 18 hr. $ 20 hr. (Includes Move -In, Move -Out) If several performances or shows are given by the same lessee on consecutive days, the move - in/out charge shall apply only to the initial move -in and the final move -out after the final performance or show. Any other labor charges incurred during the consecutive days on which performances or shows are held, shall be charged at the current labor rate. VII. Discounts Local /Non- Profit: A thirty -five (35) percent discount off the base rental and rehearsal or move- in/out charge for the auditorium and exhibition hall will be allowed to organizations evidencing compliance with the below standards: The sponsoring organization the corporate limits of the six (6) months prior to the must have resided within City of Elgin for at least time of booking. The sponsoring organization shall be incorporated in the State of Illinois as a not- for - profit corporation_ Proceeds over and above the normal costs of operating said corpora- tion shall be used for the general, social, health, cultural, educational, or recreational welfare of the citizens of Elgin. Included in the above definition may be clubs, religious, charitable, civic, governmental and fraternal organizations. The above schedule is further supplemented by a list of equipment, service and feature charges. Estimates for special service require- ments, stage labor costs and production needs will be forwarded upon request. VIII. Charges for Equipment, Services and Special Building Features 1984 1985 1. Accoustical Shells $ 2.75 $ 3.00 2. Chairs, Metal Folding $ .20 $ .25 3. Microphones (1 Incl. w /Rental) $ 7.00 $ 8.00 4. Mirror Shower or Scene Machine $19.00 $20.00 5. Motion Picture Screen N/C N/C 6. Music Stands N/C N/C 7. Orchestra Pit $28.00 $30.00 8. Piano - Concert Grand $45.00 $50.00 9. Piano - Spinet N/C N/C 10. Piano - Upright $16.00 $20.00 11. Piano Tuning Per Cost Per Cost 12. Podium N/C N/C 13. Projector (16MM Sound) $19.00 $20.00 14. Projector (Slide) $ 6.00 $ 7.00 15. Risers (Band) $ 2.00 $ 2.25 16. Risers (Choral) $ 1.00 $ 1.20 17. Spotlights Trouper $28.00 $30.00 18. Strobelight $14.00 $15.00 19. Folding Tables $ 1.00 $ 1.25 20. Folding Tables (for rental purposes) $ 2.25 $ 2.50 21. Tape Recorder $14.00 $15.00 22. Memorex Tapes Per Cost + 10% Per Cost + 10% 23. Light Gels Per Cost + 10% Per Cost + 10% 24. Industrial Truck $ 3.75 $ 4.00 25. Kitchen $20.00 $20.00 26. Technicians $ 9.00 hr. $10.00 hr. 27. Reserve Security Cost Cost 28. Regular Security Cost Cost NOTE: The above equipment rates do not include the cost of the operator. Except where otherwise indicated, the rates are on a per show basis. VOLUME XLVIII Under normal use, clean up service is included in the base rental. However, at the discretion of the building manager, sponsoring organizations will be assessed for clean up service when the building is left unusually messy or dirty. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19, 1983 Adopted December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Mares e Yea1°man Marie Yearman, City Clerk' RESOLUTION ADOPTED AMENDING CERTAIN PROVISIONS OF VARIOUS AGREEMENTS ENTITLED "AGREEMENT IN LIEU OF SPECIAL ASSESSMENT" Councilman Gilliam made a motion, seconded`by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays; None. 599 VOLUME XLVIII RESOLUTION AMENDING CERTAIN PROVISIONS OF VARIOUS AGREEMENTS ENTITLED "AGREEMENT IN LIEU OF SPECIAL ASSESSMENT" WHEREAS, the City of Elgin entered into various agreements with the adjoining property owners along and upon the public right of way known as North Alfred Street from Wing Street to a point 361 + feet south of Demmond Street and Demmond Street from Wing Park Boulevard to North Aldine Street in the City of Elgin, Kane County, Illinois; and WHEREAS, pursuant to said agreement the City of Elgin agreed to cause the construction of certain public improvements along the above described stretches of Alfred and - Demmond Streets consisting of street resurfacing and pavement along with storm sewers, curb and gutter installation; and WHEREAS, each adjoining property owner agreed to pay a stated and fixed amount as'specified in said agreements; and WHEREAS, the final cost of the above described improvement is lower than originally estimated when the property owners, obligations were fixed; and WHEREAS, the City Council of the City of Elgin has determined that it is fair and desirable to reduce the adjoining property owners, obligations pursuant to said agreement; and WHEREAS, collection of the amount due from each adjoining property owner was delayed until final costs of the improvements were ascertained; and WHEREAS, pursuant to said agreement interest on said adjoining property owners obligations has been accruing during 1983; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to abate said interest obligations until January 1, 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the amount to be paid by adjoining property owners pursuant to various agreements entitled "Agreement in Lieu of Special Assessment" previously entered into between the City and''said property owners shall be reduced from the amounts specified in said agreements to the following amount: Adjoining Property Owner and Address of Property Involved Ms. Martha Grimes 439 North Alfred Street Contract Payment Revised Payment $ 3,467.69 $ 2,676.17 Mr. $ Mrs. Walter Schock 443 & 447 North Alfred Street 6,935.38 4,875.86 Adjoining Property Owner and Address of Property Involved Contract Payment Revised Payment Ms. Betty Peabody 444 North Alfred Street 3,654.56 2,714.54 Elgin Bible Church 451 North Alfred Street and 1071 Demnond Street 9,611.36 7,315.31 Mr. James Battista 454 North Alfred Street 4,332.73 3,218.16 Mr. Robert W. Zeman 503 North Alfred Street 4,635.76 3,428.64 Mr. Robert W. Hoke 504 North Alfred Street 4,450.39 3,318.42 Nis. Nancy Curran 505 North Alfred Street 4,604.87 3,362.43 Ms. Anne Fohrman 506 North Alfred Street 4,450.39 3,313.48 Mr. Jeffery L. Meyer 507 North Alfred Street 4,573.97 3,383.36 Lois S. Rakow 508 North Alfred Street 4,944.70 3,752.34 Ms.. Phyllis J. Gehrig 509 North Alfred Street 4,573.97 3,352.98 Mr. & Mrs. John Riley 510 North Alfred Street 4,450.39 3,455.40 Ms. Alta L. Scholl 511 North Alfred Street 4,604.87 3,385.23 Ms. Gladys M. Unruh 512 North Alfred Street 4,944.70 3,749.37 Jacquelin M. Grant 514 North Alfred Street 4,882.91 3,761.53 Mr. Joseph M. Gleeson 51S North Alfred Street 4,697.54 3,444:68 Mr. Navzat Alimovsks 516 North Alfred Street 4,913.81 3,730.13 Mr. Joseph E. Tillmore S19 North Alfred Street 4,573.97 3,337.21 Adjoining Property Owner and Address of Property Involved Contract Payment Revised Payment Ms. Margaret C. Doherty Garner 521 North Alfred Street Mr. F, Mrs. Walter J. Rosborough 546 North Alfred Street Mr. $ Mrs. Gary Fisher 551 North Alfred Street Mr. George Konstantinidis 552 North Alfred Street Mr. $ Mrs. Arthur L. Krambeer 562 North Alfred Street Mr. $ Mrs. Myron L. Hanson 501 North Aldine Street Mr. Dale C. Simpson 1070 Deimnond Street Mr. $ Mrs. Billy R. Hulsey 1104 Deimnond Street Mr. Walter Schales 1105 Demmond Street Tax Number: 06 -15- 470 =.001 06 -10 -470 -002 06 -10- 470 -007 Mrs. Fendla Badger 1093 Wing Street Mr. Frank W. Hopp 470 Wing Park Boulevard Mr. Walter J. Reed 480 Wing Park Boulevard 4,573.97 3,329.93 4,913.81 3,797.26 4,381.64 2,946.01 4,975.60 3,825.19 4,947.54 3,738.36 3,467.69 2,437.93 3,467.69 2,437.93 3,467.69 2,437.93 13,870.76 9,751.72 5,665.68 4,104.95 5,130.08 4,028.32 3,467.69 2,437.93 Section 2. That the Finance Director of the City of Elgin be and is hereby arized, empowered and directed to assess and collect the above specified revised payment in lieu of the payment specified in the above titled agreements. Section 3. That all interest to be paid by the above described adjoining property owners be and is hereby abated until January 1, 1984 at which time said interest shall begin accruing pursuant to the terms of said agreement. r VOLUME XLVIII 602 Section 4. Except as provided herein the agreements entitled "Agreement in Lieu of Special Assessment" previously entered into between the City of Elgin and the above described property owners shall remain in full force and effect. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: December 19, 1983 Adopted: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: jAttest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED - AMENDING CERTAIN PROVISIONS OF VAR.LQUS- AGREEMENTS ENTITLED "AGREEMENT IN LIEU OF SPECIAL ASSESSMENT" Councilwoman Shales made a motion, seconded by Councilman Gilliam, to adept the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 603 VOLUME XLVIII RESOLUTION, AMENDING CERTAIN PROVISIONS OF VARIOUS AGREEMENTS ENTITLED "AGREEMENT IN LIEU OF SPECIAL ASSESSMENT" WHEREAS, the City of Elgin entered into various agreements with the adjoining property owners upon the westerly side of McLean Boulevard between 310 North McLean Boulevard and 532 North McLean Boulevard; and WHEREAS, pursuant to said agreement the City of Elgin agreed to cause the construction of certain public improvements along the above described stretch of McLean Boulevard consisting of street resurfacing and pavement along with curb, gutter and sidewalk installation; and WHEREAS, each adjoining property owner agreed to pay a stated and fixed amount as specified in said agreements; and WHEREAS, the final cost of the above described improvement is lower than originally estimated when the property owners' obligations were fixed; and WHEREAS, the City Council of the City of Elgin has determined that it is fair and desirable to reduce the adjoining property owners' obligations pursuant to said agreement; and WHEREAS, collection of the amount due from each adjoining property owner was delayed until final costs of the improvements were ascertained; and WHEREAS, pursuant to said agreement interest on said adjoining property owners' obligations has been accruing since January 1, 1983; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to abate said interest obligations until January 1, 1984. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the amount to be paid by adjoining property owners pursuant to various agreements entitled "Agreement in Lieu of Special Assessment" previously entered into between the City and said property owners shall be reduced from the amounts specified in said agreements to the following amount: Adjoining Property Owner and Address of Property Involved Contract Payment. Revised Payment Charles P. and Ella Mae Karsten 310 N. McLean Boulevard $ 1,212.68 $ 1,084.16 John M. Peacock 320 N. McLean Boulevard 7,220.45 6,221.25 1st National Bank of Elgin Trust 2739, c/o Robert D. Gillman 374 N. McLean Boulevard 2,490.15 2,121.25 Adjoining Property Owner and Address of Property Involved lst National Bank of Elgin Trust 2739,`c/o Robert D. Gillman 400 N. McLean Boulevard lst National Bank of Elgin Trust 2739, c/o Robert D. Gillman 452 N. McLean Boulevard Fred Schuhknecht 462 N. McLean Boulevard Peggy Taylor Dahlquist 472 N. McLean Boulevard George & Sharon Bracke lst Federal Savings a Loan 482 N. McLean . Boulevard Albert Schambach 500 N. McLean Boulevard Elgin National Bank Trust 1186, c/o Richard Schock. 508 -516 N. McLean Boulevard Elgin National Bank Trust 1186, c/o Richard Schock 522 N. McLean Boulevard Flashner Medical Corp. 530 N. McLean Boulevard Contract Payment Revised Payment 3,007.05 2,477.40 7,035.20 5,850.24 5,475.35 4,493.78 5,475:35 4,493.78 5,747.92 5,009.93 5,477.83 4,898.09 16,206.59 14,065.16 2,722.20 2,385.47 3,819.84 3,324.00 Section 2. That the Finance Director of the City of Elgin be and is hereby authorized, empowered and directed to assess and collect the above specified revised payment in lieu of the payment specified in the above titled agreements. Section 3. That all interest to be paid by the above described adjoining property owners be and is hereby abated until January 1, 1984 at which time said interest shall begin accruing pursuant to the terms of said agreement. Section 4. Except as provided herein the agreements entitled "Agreement in Lieu of Special Assessment" previously entered into between the City of Elgin and the above described property owners shall remain in full force and effect. Richard L. Verbic Richard L. Verbic, yor M.,■ VOLUME XLVIII Presented: December 19 1983 Adopted: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, city Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTIOW OF A LEASE AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY Councilman G- illiam made a motion 'seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIII 606 RESOLUTION AUTHORIZING EXECUTION OF A LEASE 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 lease agreement on behalf of the City of Elgin with the Regional Transporta- tion Authority for the National Street Commuter Parking Fatality, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19, ::Ms Adopted: December 19, 1983 Vote: Yeas 6 Nays. 0 Recorded: Attest: s/ Marie Year`inan Marie Yearman, City Cler RESOLUTION ADOPTED AMENDING THE CITY PERSONNEL RUL S AND REGULATIONS Councilman Hansen made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 607 VOLUME XLVIII RESOLUTION AMENDING THE CITY PERSONNEL RULES AND REGULATIONS WHEREAS, in the considered opinion of the City Council of the City of Elgin, Illinois, it is fit and proper and in the best interest of the community that the Personnel Rules and Regulations, identifying personnel practices and policies, be, from time to time reviewed and amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 1984 the following policies be revised: Rule XI, Section 6. Auto Allowances. That the reimbursed allowance be established at the rate o 20¢ mile. Rule XI, Section 7. Professional Conference Attendance. That the reimbursed per diem meal allowance e est lase at 20.00. Section 2. That all resolutions or parts thereof in conflict with the provisions of this resolution are hereby repealed. Section 3. That the City Manager is hereby authorized and directed to have all references revised on the Personnel Rules and Regulations. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19, 1983 Adopted: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: J s/ MarPe Y�rman Marie Yearman, City Clerk RESOLUTION ADOPTED DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE 3 -3 Fu ton Street Councilman Gilliam made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. r VOLUME XLVVii 6o8 RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE (359 -361 Fulton Street) WHEREAS, inspections of a structure located on the property herein- after described have been made by inspectors of the'Bureau of Inspection Services of the City of Elgin; and WHEREAS, said structure consists of a barnlike garage at the rear of the property; and WHEREAS, said structure is in a state of disrepair, open, littered with various debris and constitutes a fire hazard; and WHEREAS, said structure, in its dilapidated state, is dangerous and unsafe and constitutes a threat to the public health, safety and welfare of the residents of the City of Elgin, Illinois; and WHEREAS, the owner of said structure has refused, despite repeated demands,_to repair or demolish the structure; and WHEREAS, the owner of said structure has failed to comply with notices to appear. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the barnlike structure located at the rear of the property legally described as: The Westerly 33 feet of Lot 5 and the Easterly 21 feet of Lot 6 of J. T. Gifford's Addition to Elgin being a subdivision of part of the Southwest Quarter of Section 13, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois. is hereby declared to be a public nuisance. Section 2. That the owners or persons in control of said premises are hereby directed to abate said public nuisance by demolishing or repairing the structure located upon the above described property within thirty (30) days after receipt of a copy of this resolution. Section 3. That the City Clerk is hereby directed to mail certified copies of this resolution to the owners of record and lienholders of record. Section 4. That upon failure of the owner or lienholders of record to abate the public nuisance described herein, the Corporation Counsel be and is hereby directed to apply to the Circuit Court of Kane County for an order authorizing the demolition of the structure described above in accordance with the provisions of Section 11 -30 -1 of Chapter 24 of the Illinois Revised Statutes. s/ Richard L. Verbic RicFa—rd L. Verbic, Mayor .a• VOLUME XLVIII Presented: December 19, 1983 Adopted: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: �'�tX--Ct}C�VYP s/ Marie Yea man Marie Yeannan, City Clerk RESOLUTION ADOPTED APPOINTING JOHN GRADY AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMMISSION Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIIQ 610 RESOLUTION APPOINTING JOHN GRADY AS A MEMBER OF THE GREATER DOWNTOWN ELGIN CaWISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 'OF ELGIN, ILLINOIS, that John Grady be and is hereby appointed as a member of the Greater Downtown Elgin Commission for a term to expire May 1, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19, 1983 Adopted: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MARK.HERZOG AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMMISSION Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas, Councilmen Andersen; Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 611 RESOLUTION APPOINTING MARK HERZOG AS A M MER OF THE GREATER DOWNTOWN ELGIN COMMISSION VOLUME XLVIII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Mark Herzog be and is hereby appointed as a member of the Greater Downtown Elgin Commission for a term to expire May 1, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19, 1983 Adopted: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ oarie Yea`hman Marie Yearman, City Clerk RESOLUTION ADOPTED'REAPPOINTING RON K I LGORE AS A ME?✓1BER OF THE GREATER DOWNTOWN ELGIN COMMISSION Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution.. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIII 612 RESOLUTION REAPPOINTING RON KILGORE AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ron Kilgore be and is hereby reappointed as a- member of the Greater Downtown Elgin Commission for a term to expire May 1, 1985. S/ Richard L. Verbic Richard Lo Verbic, Mayor Presented: December 19 1983 Adopted: December 19, 1983 Voter Yeas 6 Nays 0 Recorded: Attest: cr�weJ� -j� s/ Marie YearrAan Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING HOWARD MILLER AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMMISSION Councilman Gilliam .made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 613 RESOLUTION APPOINTING HOWARD MILLER AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMISSION VOLUME XLVIII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Howard Miller be and is hereby appointed as a member of the Greater Downtown Elgin Commission for a term to expire May 1, 1986; s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19, 1983 Adopted: December 19, 1983 Voter Yeas 6 Nays 0 Recorded. Attest: s/ Mariee e.r1-man Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING JIM KNOWLES AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMMISSION Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLVIII RESOLUTION REAPPOINTING JIM KNOWLES AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jim Knowles be and is hereby reappointed as a member of the Greater Downtown Elgin Commission for a term to expire May 1, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 19, 1983 Adopted: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk 614 RESOLUTION ADOPTED REAPPOINTING ROBERT SHOPPE AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMMISSION Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 615 VOLUME XLVIII RESOLUTION REAPPOINTING ROBERT SHOPPE AS A MEMBER OF THE GREATER DOWNTOWN ELGIN COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert Shoppe be and is hereby reappointed as a'member of the Greater Downtown Elgin Commission for a term to expire May 1, 1985. Presented: December 19, 1983 Adopted: December 19, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk s/ Richard L. Verbic IuCnard L. Verbic, Mayor b RESOLUTION TABLED AUTHORIZING EXECUTION OF AN.AGREEMENT WITH STETSON POOLS IRC. Councilman Gilliam made a motion, seconded by Councilwoman Shales, to table the aforementioned resolution until the January 9, 1984 Council Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. Councilman Hansen made a motion, seconded by Councilman Gilliam, to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. t�� AUTHORIZATION OF PAYMENT FOR VARIOUS OPTIONS FOR THE-PURCHASE OF CERTAIN REAL PROPERTY ON SOUTH GROVE AVENUE First National Bank, Trust No. 3536 $ 5,500.00 Mrs. Helen Bennorth 2,900.00 Mrs. Dora Rowe 21500.00 First National Bank, Trustee of the Elmer Schick Residuary Trust 15,400.00 Councilman Hansen made a motion, seconded by Councilman Gilliam, to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. t�� VOLUME XLVIII REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery Report for November, 1983 Public Property and Recreation Board Minutes - 12/6/83 Greater Downtown Elgin Commission Minutes - 11/8/83 Budget Summary, December 6, 1983 Councilman Gilliam made a motion, seconded by Councilman Schmidt, to place the aforementioned reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt Shales and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcomr 'rng meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adjourn the Council Meeting to go into Executive Session to discuss Acquisition of Property, Appointments to Boards and Commissions, Litigation, and Personnel. Yea's: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and.Mayor Verbic. Nays: None. The meeting was adjourned at 8 :40 p.m. Marie YearmEiA, City Clerk 616