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HomeMy WebLinkAbout1984 Council MinutesVOLUME XLT_X January 9, 1984 1 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 9, 1984, at 8 :05 p.m., in the Council Chambers of City Hail. 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 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 DECEMBER 5, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales to approved the December 5, 1983 Council Minutes as published. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. MINUTES OF THE DECEMBER 12, 1983 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Hansen to approve the December 12, 1983 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. MINUTES OF THE DECEMBER .19, 1983. COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, .seconded by Councilman Hansen to approve,the December 19, 1983 . Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales; and Mayor Verbic. Nays: None. Abstained: Councilman Waters. COMMUNICATIONS Mayor Richard Verbic & Members of the City Council: I would like to speak out on the proposed Camp Hawthorn project with the Elgin Jaycees. At the time this project came before the Jaycee board, approximately 3 years ago, it was not a unanimous vote that carried it_. The reason it was passed was it was believed at the time not to cost the Jaycees "anything" to attempt it. It was my feeling at that time that there is no way this orga-nization could tak:e on such a long term project. I felt that the property should have,been sold at that time. 2 VOLUME XL. TX The Jaycees run Excellent "short term" projects such as the Circus, Ethnic Fest, and the Christmas Pageant, which 1 founded 3 years ago. As far as a long term project such as this would be, they do not have enough members, active one, to motovate for this. Roger Klemm has very good thoughts in mind with this project. One question i would ask is, when Roger would Rooster (be too old for the Jaycees) (which should be in 1 or 2 years) who will have the motovation to continue. As an ex- Jaycee And a City of Elgin Taxpayer PLEASE turn down this projected expenditure and the future HEADACHES it will bring. To all a Safe and Happy New Year, S i n c e re l y, Mark J. Leith Precinct 6 Committeeman 670 Jefferson Ave. Elgin CONTINUATION OF PUBLIC HEARING ON PETITION 3 REQUESTING ANNEXATION 13-.3 SERVICE BUSINESS DISTRICT AND M GENERAL MANU- FACTURING DISTRICT ZONING - ELGIN AIRPORT PROPERTY Councilman Waters made a motion, seconded by Councilman Hansen to continue this Public Hearing until the next regular scheduled meeting. Mr. Nelson: I talked to Charles Burnidge.at about ten to five this evening and he told me that the reason that they have not been back to us is the developer of the commercial center and the owners of the property have been meeting and they have revised the plans, which includes moving the center closer to Route 31. So it isn't that there is any lack of interest at all, there is a great deal of interest. He wanted to pass that on because he said it seems as though tabling it meeting after meeting would indicate there is no interest on anyone's part and that is simply not true. They are trying to work out a new and revised plan and he indicated they would probably be back in touch with us maybe as early as this week to go over the new plans. I talked to some people today and apparently there is some interest on the other side of Route 31 in the Elgin Oaks Industrial Park as a result of this project. So it seems like there is a lot of interest in the entire area. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XL.IX 3 PETITION 39-83 REQUESTING AN AMENDMENT TO CHAPTER 19.45 COMMUNITY GRAPHICS OF THE ELGIN MUNICIPAL CODE BY DELETING SECTION NONCONFORMING GRAPHICS POLICY DECLARATIO IN FIVE YEARS AND BY REVISING SECTION 19.45..ZbO NONCONFORMING CQADWiriz 75 1:CTPIrTInN - - - - -- APPRn11Fn Roger. Dahlstrom: The City Council adopted a comprehensive amendment to the Community Graphics Ordinance in 1976. The amendment" established new standards for the number, design, and installation of.signs, and a five year abatement provision for all signs rendered nonconforming by the ordinance. The abatement deadline for Nonconforming graphics was November 22, 1981. The abatement provis'ion has not been enforced to date. The proposed amendments not only delete the abatement provisions, but the policy declarations associated with the abatement provisions,.,and make a modification to Section 19.45.260, line (E), by adding that a nonconforming graphic may be moved to another located on. the same business premises, if said graphic in its existing location Js to be taken or condemned through the exercise of eminent domain by any public body. At its regular meeting of November 16, 1983, the Planning Co.mm,ittee recommended the approval of Petition 39-8'3 by a vote °of �+ yes and zero no. Councilman Schmidt: In the event that this was not approved they would have to put up a smaller sign that would still read McDonalds, is that correct. Roger Dahlstrom: The sign would have to measure no more than 80 square feet and no taller than 22 feet in height. Thesign that is there would have to be removed without the amendment to 260 line (E), which would require the removal of the nonconforming graphic, because right now there is a restriction that does not allow the movement on the site or to another site of a nonconforming graphic. Councilman Schmidt : Well if we would grant this petition we 'are going against our rules and regulations that have-been set by ordinance, Roger Dahlstrom: You would be changing the rules. The purpose of a nonconforming status of anything is the hope of its eventual removal or di.scontinuati`on,,but there would be very few instances where this amendment would have any effect on any existing graphics in the City. This leaves the only 'graphic on Larkin that would be effected by the expansion of Larkin. There are very few nonconforming graphics on Larkin Avenue,'this is one of the very few nonconforming graphics and yes, it would have to be smaller. 4 VOLUME XL'IX Attorney Peter Bazos: When i had come before you in a work session before to seek you guidance on how to suggest a change in the ordinance. one of the alternatives was to change the entire square footage areas so as to make it much larger.. The would have had a much broader impact on the City than what is being recommended. Another possible approach to this would have been to say, any sign that was in existence prior to 1976 could be changed, moved, anything, because it was there beforehand. That also would have been much broader in scope than what is being proposed here. The approach which was taken at your direction and what was considered by the Planning Commission, was a very narrow exception whereby only signs that were in existence before 1976, only those signs.which are threatened to be taken down by action of condemnation, could be moved and then only on the same business premises. None of the other restrictions governing their subsequent, meaning that if this sign were moved and then subsequently destroyed by wind it would have to stay down, but all we are talking about is a narrow exception of moving it instead of letting IDOT take it. It is as Roger points out the only sign on Larkin Avenue that is going to be effected by the widening so by definition the By -Pass 20 widening is -not going to bring any more of these matters before you. The other thing is and it was discussed somewhat before you but much more at length before the Planning Commission, it has been said here, it has been said by Mr. Dahlstrom's staff, many people fee.1 t'he entire sign ordinance needs to be reviewed and modified in some respects. It has not yet been undertaken by the city staff because of their other time commitments. I am not in a position to suggest to you comprehensive revisions in the whole ordinance, therefore what we have proposed to you is something in the very narrowest sense that will simply grant us the relief we need. Simply let us move our sign out of the way, keeping its nonconforming character and leaving to another day the decision by this Council as to what it wishes to do with nonconforming signs and we will still be subject to those restrictions. Councilwoman Shales: Although I would prefer that McDonald's had a conforming sign, in this case I am in-.favor of this petition because they are being requested by [DOT to move the sign and it is not of their own volition, and I feel that under those circum- stances this should be granted. Mayor Verbic: That is basically my feeling also and the second thing that I feel is very important is we have had a recessionary period.where we are slowly climbing out of the depths of recession and as you probably know we have not enforced any of the nondon_forming signs at this particular point, because it would definitely be an economic handicap to many small businesses who at this time do have nonconforming signs throughout the city. VOLUME XLI'X 5 Councilman Andersen made a motion, seconded by Councilman Hansen to approve Petition 39 -83. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 43 -83 REQUESTING AN AMENDMENT TO SPECIAL USE ORDINANCE NO. GI -63 FOR AN OPEN SALES LOT PROPERTY LOCATED-AT 3 DUNDEE AVENUE AND REQUESTING A B SERVICE BUSINESS DISTRICT SPECIAL USE FOR AN OPEN SALES LOT PROPERTY LOCATED AT 133-0 DUNDEE AVE. -- APPROVED Roger Dahlstrom: The City Council granted a special use for an open sales lot at 1384 Dundee Avenue on January 11, 1983. The petitioner desires to amend the existing special use and receive special use approval for the property located at 1380- Dundee Avenue, for the purpose of establishing one motor vehicle open sales lot on both properties. The- subject property is approximately 20,000 square feet'and is improved with two residential structures and two garages at the present time. At its regular meeting of December 5, 1983, the Land Use Committee recommended special use approval, subject to certain conditions, by a vote of six yes and zero no. The recommendation is subject to the following conditions: 1. Revisions to the Site Plan prepared by Burnid.ge, Cassell and Associates,. dated October 11, 1983: (a) A solid 6 foot wood fence is to be constructed along the residence district boundary. (b) The 8 foot landscaping setback along Dundee Avenue is to be extended to the north in front of the principal structure. (c) Conformance to the revised site plan. 2. No additional building construction is to be permitted on the premises. 3. No motor vehicles are to be displayed, parked or stored north or,east of the principal structure, excepting the two employee parking spaces depicted on the site plan. 4. No more than 30 motor vehicles are to be displayed or stored on the premises at any given time. 5. The Dundee Avenue approach is to be for employee access only. Appropriate signage is to be installed accordingly. 6. A minimum of 5 customer parking spaces are to be provided at all times. 6 VOLUME MIX 7. No motor vehicle repair or servicing is to be performed on the premises. 8. Light standards are to be of such a size and /or type so as not to reflect direct or indirect light onto adjacent property. 9. All site work .is to be completed prior to the issuance of a temporary or final occupancy permit. 10. Compliance with all other applicable codes and ordinances. 11. The provisions of Ordinance No. GI-83, passed January 10, 1983, are to remain in full force and effect, except to the extent that any provision of the ordinance is in conflict with the above conditions. Councilman Schmidt: This is the area where we approved it next to the bus station and at that time if I am not mistaken we were informed that he would have no more than 6 or 7 cars on that lot. Roger Dahlstrom: Four vehicles. Councilman Schmidt: Have you been by there lately. Roger Dahlstrom: Today. There were 10 or 11 cars and 5 - -or' 6 trucks. Councilman Schmidt: It has been that way ever since we granted that to:him for 4 vehicles. Roger Dahlstrom; We have been aware of that and there have been complaints voiced to the Bureau of Inspection Services and I believe the Bureau and Legal Department have talked with Mr. Mirandi about this problem. Frank Mirandi; When I negotiated with Mr. Puckett to rent the property my expectations were to do basically very little retailing and a lot of wholesaling. Due to conditions that I have run into working out of the one lot I could not comply and sustain myself working with only 4 cars in retail and trying to wholesale and get them off the premises. At the present time I have 42 vehicles and I am renting some other space in Elgin down off of Willard Street. I cannot sustain myself with the way economic conditions have been. I have since negotiated with Mr. Puckett to attempt to purchase both pieces of property so I can strip everything and develop it and put in a full use car lot so I can stay in business rather than having to close up. I have to depend more�on retail to stay in business, or I will be forced to close up. VOLUME X LIX I will spend the money to develop the property and make a legitimate full use car lot the way it should be. Councilwoman Shales: You havethe financing available to produce this plan. Mr. Mirandi: I have the money available to final:i:ze the purchase of the land and the money to go ahead an develop it: Councilwoman Shales made a to approve Petition 43 -83, made by the department and Councilmen Andersen, Hanse Nays; Councilman Waters. at 8:25 p.m. motion, se. subject to conditions n, Schmidt, Councilman ::onded by Councilman Hansen all the recommendations outlined herein. Yeas: Shales and Mayor Verbic. Gilliam left the meeting RESOLUTION ADOPTED APPOINTING FOX & COMPANY AS AUDITOR FOR THE CITY OF ELGIN, ILL. Mayor Verbic: Mrs. Shales I think you wanted to ask about the three_ year proposal. Mr. Nelson: I think the resolution captures your intent, which is one year. I think Fox & Company decided they wanted to offer you a one year and a three year, we did not solicit that, because you had expressed yourselves and wanted a one year agreement and that is what the resolution contemplates, not a three year. Mayor Verbic; Would it be in our interest to consider a three year at this time on the basis of what has been presented. Councilman Hansen: I think the intention of the Council at the last work session indicated that we only wanted to continue one more year with Fox and then consider getting a new firm at that time, at least proposals. One of two of us had some concerns about staying with the same firm forever. 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. 8 VOLUME X-L 1 X RESOLUTION APPOINTING FOX 4 COMPANY AS AUDITOR FOR THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has invited written proposals for the conduct of the 1983 audit of the City of Elgin as required by law; and WHEREAS, the City Council finds that the proposal of Fox & Company 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 it hereby appoints Fox 4 Company to conduct an audit of the City of Elgin for the year 1983 in accordance with the written proposal of Fox e Company for said services, a copy of which is attached hereto and made a part hereof by reference. s/ Richard La Verbic Richard L. Verbic, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: Y y s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE Councilman Hansen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and mayor Verbic. Nays: None. VOLUME XLiX 0i RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE WHEREAS, the City of Elgin has heretofore agreed to contribute a maximum of $20,500 for the support of the Visitors and Convention Bureau Program during 1984; 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 as invoiced by the Elgin Area Chamber of. Commerce for the support of the Visitors and Convention Bureau Program. s/ Richard Lo Verbic McHair7 L. Ve r ic, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays; None. 10 VOLUME XL.IX RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COURCE WHEREAS, the City of Elgin has heretofore agreed to contribute a maximum of $33;500 for the support of the Economic Development Commission during 1984; 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 as invoiced by the Elgin Area Chamber of Commerce for the support of the Economic Development Commission. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Yearm n Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING JOHN B. CANFIELD AS A MEMBER OF THE HUMAN RELATIONS COMMISSION Councilman Schmidt 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 XL'11 11 RESOLUTION APPOINTING JOHN B. CANFIELD AS A MEMBER OF THE HUMAN RELATIONS COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that John B. Canfield be and is hereby appointed as a member.of the Human Relations Commission to fill the unexpired term of Mary Camacho, for a term to expire May 1, 1984. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING LOUIS J. BACAK AS A MEMBER OF THE HUMAN RELATIONS COMMISSION Councilman Schmidt made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 12 VOLUME X.L I X RESOLUTION APPOINTING LOUIS J. BACAK AS A MEMBER OF THE fiumM RELATIONS COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Louis J. Bacak be and is hereby appointed as a member of the Human Relations Commission to fill tho unexpired term of Pam Shelby, for a term to expire May 1, 1985. S/ Richard L. Verbic la chard L. Verb yor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest- s/ Marie Year an Marie Yearman, City Cler RESOLUTION ADOPTED RE-APPOINTING EVERETT WOODS AS A MEMBER OF THE CIVIL SERVICE COMMISSION Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Nays; None. Mayor Verbic, VOLUME XL-.IX RESOLUTION REAPPOINTING EVERETT WOODS AS A MEMBER OF THE CIVIL SERVICE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Everett Woods be and is hereby reappointed as a member of the Civil Service Commission fora term to expire May 1, 1986. s/ Richard Lo Verbic Richard L. Ver ic, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/. Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING DOROTHY KRAMER. AS A MEMBER OF THE ELGIN BEAUTIFICATION COMMISSION Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. 13 14 RESOLUTION REAPPOINTING DOROTHY KRAMER AS A MEMBER OF THE ELGIN BEAUTIFICATION COMMISSION VOLUME XLIX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dorothy Kramer be and is hereby reappointed as a member of the Elgin Beautification Commission for a term to expire May 1, 1986. . s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie e�man Y Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING H I R:LEY _S I MON CATION COMMISSION Councilman Waters 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 X:L.1 X RESOLUTION REAPPOINTING SHIRLEY' SIMON AS A MEMBER OF THE ELGIN BEAUTIFICATION COMgISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Shirley Simon be and is hereby reappointed as a member of the Elgin Beautification Commission for a term to expire May 1, 1986. s/ Richard L. Verbic Echard L. Verbic, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING ROBERT MONTGOMERY AS A MEMBER OF THE ELGIN BEAUTIFICATION COMMISSION Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 15 16 VOLUME XeL I X RESOLUTION REAPPOINTING ROBERT MONTGOMERY AS A MEMBER OF THE ELGIN BEAUTIFICATION COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF TflE CITY OF ELGIN, ILLINOIS, that Robert Montgomery be and is hereby reappointed as a member of the Elgin Beautification Commission for a term to expire May 1, 1986 s./ Richard L. Verbic Richard Lo Verbic, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED REA.PPOINTINC WILLIAM YEARMAN AS A MEMBER OF THE BOARD OF STATIONARY ENGINEERS Councilman Hansen made a motion, seconded by Councilman Schmadt to adopt the afo.rementioned.resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME X11X 17 RESOLUTION REAPPOINTING WILLIAM YEARMAN AS A MFM13ER OF THE BOARD OF STATIONARY ENGINEERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that William Yearman be and is hereby reappointed as a member of the Board of Stationary Engineers for a term to expire May 1, 1985 s/ Richard L. Verbic Richard L. VeTSR, Mayor Presented: January 9, 1984 Adopted: January 9, 1984 Note: Yeas b Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE OFFI_CIA.L SALARY PLAN FOR THE CITY OF ELGIN AND ESTABLISHING EXEMPT MANAGEMENT POSITIONS 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 XU'X Ordinance Noe G1 -84 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLAN. FOR THE CITY OF ELGIN AND ESTABLISHING EXEMPT MANAGEMENT POSITIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance G5.2 -83 titled "An Ordinance Amending Article IV. Entitled "The Adoption and Administration of Position Classification and Pay Plans" of Chapter 6. of the City Code (Ordinance No. S -569, Passed December 23, 1955) as Pertains to the Compensation Plan to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended" is hereby amended as follows: A. That the position titled "Deputy Finance Director" is hereby deleted from Range 47A in Section I of said ordinance. B. That the position titled "Accounting Manager" is hereby deleted from Range 44B in Section 2 of said ordinances C. That the position titled "Assistant Fina'n'ce Director" is hereby established and placed in Range 45B of Section 2 of said ordinance. D. That the position titled "Accounting Supervisor" is hereby established and placed in Range 409 of Section 2 of said ordinance. Section 2. That Ordinance G51 -83 titled "An Ordinance Amending the Management Group Benefit Program" is hereby amended by deleting the position of "Deputy Finance Director "from Section 2 and the position of "Accounting Manager" from Section 3 of said ordinance and by adding both the positions of "Assistant Finance Director" and "Accounting Supervisor" to Section 3 of said ordinance. Section 3. That Ordinance G50 -83 titled "An Ordinance Establishing Exemptions from the Classified Service of the City of Elgin" is hereby amended by deleting: -the positions of "Deputy Finance Director" and "Accounting Manager" and adding the positions of "Assistant Finance Director' and "Accounting Supervisor" to Section 1 of said ordinance. Section 4. That this ordinance shall be in full force and effect December 25, 1983 in the manner provided by law. S/ Richard L. Verbec Richard L. Verbic, Mayor Presented: January 9, 1984 Passed: January 9, 1984 Vote: Yeas Nays 0 Recorded: Published: Angst: � s/ Mar° i e Yea an Marie Yearman., City Clerk VOLUME X'L I X AUTHORIZATION OF PAYMENT TO VARIOUS. VENDORS Chicago Title it Trust United Diesel Service Chicagoland Power Products Board of Education - U46 Illinois Municipal League Ruth Schmidt 921 Illinois Ave. 5117, $ 1,500000 Title searches for 10 parcels - South Grove Redevelopment project, 2,870.00 Bus #8082 transmission repair- 4,36.0.00 Repairs to Sanitation Truck #275;. 1,707.01 Rental for school facilities. 1,955 25 1984 Dues 1,853.12„ Reside.nti,al.Rebate Program Councilman Waters made a motion, seconded by ,Councilwoman Shales to approve the aforementioned payments, Yeas: Councilmen Andersen, Hansen, Schmidt, Shales,'Waters and Mayor Verbic, Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue for the month of September, 1983 Water Department Report for December, 1983 b Building Permit Report for December, 1983 Public Works Report for November, 1983 . Transportation Operations Report for November, 1983 Greater Downtown Elgin Commission Minutes 12/12/83 Mayor Verbic: I call your attention again to the sales tax that was received in December for the month of September, which is quite a change, quite a positive improvement and I would say that October, November and December should be very good months on the basis of the economy and what we have done in the last four months. So I think we are going to be starting out in 1984 in very good shape with sales tax revenue. Councilman Hansen made a motion, seconded by Councilman Andersen to place the aforementioned reports on file. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Chief Van De Voorde; You folks deserve some good news once in a while and I would like to say that during the past two or three weeks, particularly the week around Christmas it was extremely cold, and I had occasion to work with, observe and watch city employees at work, am thinking of policemen, firemen, public works, sanitation, but dearest to my heart is the Fire Department, and I observed people working for many hours out of doors under inhuman working conditions, never complaining and performing very excellent duties. I just hereby want to commend them in front of this group. Thank you. 20 ANNOUNCEMENTS VOLUME X:L..iX Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Andersen made a motion, seconded by Councilman Hansen to adjourn the Council Meeting to go into Executive Session. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at $ :45 p.m. Marie Yearm City C T er 150 DEXTER COURT CITY OF ELGIN, ILLINOIS SPECIAL COUNCIL MEETING TELEPHONE 312/695 -6500 ELGIN, ILLINOIS 60120 -5555 NOTICE IS HEREBY GIVEN that On January 16, 1984 at 5:00 P.M., in the City Council Conference Room in the Municipal Building, 150 Dexter Court, Elgin, Illinois, a special meeting of the Elgin City Council will be held. AGENDA FOR SPECIAL MEETING Call to Order Motion to adjourn to Executive Session for the purpose of discussing property acquisition. January 13, 1984 r Marie Yearm , City C er VOLUME XLIX January 23, 1984 21 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 23, 1984, 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 H'aTold Ross of the Calvary Luthe.ran..Church, and the Pledge of Alleglanoe was led by Chris Lembke " of the Daily Courier News. ROLL .CALL Roll call.was answered.by Councilmen Andersen, ,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. MINUTES OF THE JANUARY 9, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Hansen to approve the January 9, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Hansen, Schmidt.., Shales, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Mayor Verbic read the following letter: Mayor, City of Elgin Council Members, City of Elgin .Dear Sirs: The neighboring property owners of 143 and 147 South L "iberty Street owned by Lester Jones, request to be heard before the Elgin City Council at its January 23, 19.84.meeting. The .purpose of this request is.to petition the City Council to initiate proceedings to correct our perceived error of the 1972 City Council in granting a business zoning change to these two properties. It is our understanding that our not being the owners of these properties gives us no legal standing to initiate action on our own behalf. Our recourse is to appear before the Council and ask it to initiate these proceedings.. µ 1 have been asked to be"the spokesman for th.e property owners and will be presenting our petition to.the Council. Sincerely, 22 VOLUME XLiX s/ Donald W. Schaaf 112 South Liberty Street Elgin, 1.11. 6.0120 Councilman Andersen; I would ask that we get an opinion from our Corporation Counsel as to whether or not we could intercede in the question before us inasmuch as so much time has gone on. Counsel Jentsch. It is within the authority of the City Council 'to initiate amendments, that is to direct the Department of Community Development to file petitions for hearings before the Land Use Committee. There is no question you in theory have the right to reclassify. If you were to do that in a case like this the property would become what is called lawful non - conforming. That is it could not be expanded or if it were substantially damaged it could not be rebuilt.. It is within your overall authority to do that, whether you chose to exercise that authority is up to you. Councilman Andersen; I believe that I have heard-most of the arguments from both =sides and I would not care to make a`motion to re -open this because I believe that a council in the future could be asked to do.the same thing on perhaps dozens-of others for zoning changes that went on years ago, and while some of these cases have a great deal of merit, I beli..eve we could be compounding that error significantly. Donald Schaaf; As I spoke before yyou.on December 5th regarding the request for zoning change at 141 S. Liberty, I presented all of our arguments in which the Council saw favor in our position by voting down this request, but now as spokesman for the neighbors, I come with yet another request, and as I pointed out in December the neighbors felt strongly about this error in 1972 on these other two properties, at 143 and 147, and as I pointed out at that time this rezoning took place without any knowledge by any of us in the neighborhood. We only found out about it as we came before the Planning and Land Use Commission meeting of November, 1983. As our knowledge developed at that time and we found where these other two properties had been zoned that way, our concerns mounted.' Now we obtained copies of the 1972 Elgin Plan Commission meeting of January 10, and in these minutes we find where Jones was petitioning to rezone the properties at 143 and 147 as well as 4 lots on Laurel Street to B -4 Business. These minutes state 'that Jones requested this zoning change in order to b.e protected in case of a fire in the present non - conforming repair garage and to allow the .expansion and consolidation of his operation. The Plan Commission unanimously voted to deny the pet'itioner's request on a statement by Commissioner Chester Campbell, which he stated he would not like to see the encouragement of any type of B zoning in this area along Liberty Street.. Enforcenent officer James Spore concurred by saying the charactr of the area has not changed in the last 10 years and in his opinion it would VOLUME XLIX 23 be a disservice to the surrounding property owners and existing residentia'1 dwellings to introduce a business zoning into the area. one week later on January 17, 1972 it moved before the Zoning Board of Appeals and in the minutes of that we see the names of Paul and David Welch added to the petition, why this is we don't know. However, again Jones restated his position in front of the Zoning Board of Appeals, that,-his main objective in asking for the rezoning is to insure his invest - menu and to legally be able to expand his operation in the future. He further added he anticipated staying in business at least 30 years, provided he would be able to. update and /or enlarge the building. These minutes also take note there were no objectors present. Board Member Maher made a motion to deny the zoning change by stating that Mr. Jones knew the status of the property when he purchased it and did not feel that a change was justified. The Board voted by a 6 1 margin to deny this. We then move to the City Council meeting of February 9, 1972 and in these minutes we find them totally void of any discussion on the subject. We only find where the Council voted,5 -2 to approve the ordinance changing the zoning to these two properties. One can only speculate as to what took place. However, in the ordinance that was approved it does clearly state that he could continue, expand, and improve the existing non-conforming use as a public garage. Now lets move up to the present time when Lester Jones was requesting the zoning change to business for the third parcel of land and at the hearing that was conducted by the Planning and Land Use Commission on November 7, 1983, we again see the petitioner's.intent clearly documented.' For in this Commission's report,- under the section labeled considerations we read "the Petitioner proposes to demolish the twomfamily'res'idence at 143 S. Liberty Street to provide spaces for a 40 x 80 foot building and additional off - street parking to be constructed on the two parcels." This tells us that today Jones still intends to extend his present business in our residential neighborhood. We are concerned with the health of our neighborhood and fail to see where the demolition of an existing residence and a building of a large.structure would be in the best interest of all of us: If this were to be permitted it would open the way for future demolition creating a business strip along Liberty Street. We: strongly feel the health of 'our neighborhood is in jeopardy due to Jones' expansion ideas. We have learned to live with his garage, its been in business there always and even though we would desire to remove all business zoning from our neighborhood, we still must be realistic_ We acknowledge there would be great trauma generated if we were to ask for both of these properties to be reverted back to 24 VOLUME XLIX residential.. We also have no desire to interfere with Les Jones right to make a living and his ability to rebuild in the event of some major disaster, and I would like to repeat that statement in light of the article that appeared in yesterday's Courier News. We have no desire to interfere with Les Jones' right to make a living and his ability to rebuild his structure. we do however, have -a problem with why this two - family dwelling figures in any disaster re- building plans, it can only be for the purpose of future business expansion, and that word expansion appeared in every transaction up to this point regarding these properties. This is our only concern because if it remains this way we can only see reduced property values for ourselves in the future. We are respecting Jbnes' rights and all that we are asking from him in return is for him to respect our property rights. Therefore, we are asking this City Council to initiate action to restore the property at 143 S. Liberty Street to two- , baCK omits origins residential - status it held prior to the February 9, 1972 zoning change. We feel there is no justifiable reason why it should hold a B -3 classification. We are asking the Council to do this because we have no legal standing to,initi -at.e the action on our own behalf. At this time I would like to present our petition to the City Council. ONTINUA TION OF PUBLIC HEARING ON PETITION Councilman Andersen made'a motion, seconded by Councilman Hansen to continue this Public Hearing until the next regular scheduled meeting.. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. - PETITION 42 -83 REQUESTING A B-4 GENERAL SERVICE DISTRICT SPECIAL USE FOR A DAY CARE CENTER PROPERTY LOCATED AT 555 HIAWATHA DRIVE BY KINDER CARE LEARNING CENTERS INC. - - - - - -- APPROVED Roger Dahlstrom: Kinder Care Center is to be licensed for ninety -nine children, average enrollment is expected to be approximately seventy. The maximum number of employees to be at the center at any given time is eight. The subject property is approximately 30,000 square feet and is presently unimproved. VOLUME XL1X At its regular meeting of December 19, 1983, the Land Use Committee recommended special use approval by a vote of five yes and zero no. Councilman Waters made a motion, seconded by Councilman Andersen to approve Petition 42 -83. Yeas - Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays. Hone. PETITION 47 °83 R..EQUESTING A B-3 SERVICE BUSINESS D_ISTR.I.CT..SPECIAL USE FOR AN ELECTRONIC GAME._D.C.ENTER . PROPERTY LOCATED AT 28 T.Y.LER CREEK "PLAZA BY WIZARDS, ..,INC.-. --APPROVED Roger Dahlstrom: The :subject "property is approximately 3,000 square feet and is a, building unit of the Tyler C -reek Plaza Shopping Center. It is zoned Bm3 and the Center wi 1 1 feature an Eagle Food Store and a Revco Drug Store, At its regular meeting of December 19, 1983, the' "Land Use Committee recommended special use approval, subject to certain conditions, by a vote of five yes and zero no, Councilman Schmidt.. Is this building going to set by itself, or will there be stores on either side of it, and if so what type of stores. Roger Dahlstrom: It will be attached and have a common wall with the Eagle Food Store. Councilman Andersen: A couple of months ago when someone else came in for the approval.of an electr.onic game center, Mr. Minus was very vocal and very vigorous in his request that we deny that. Now he comes in with twenty-one pages of over -kill here, requesting that we approve one for 'him. I guess it all depends on who's ox i.s getting gored, think itsabout time that we addressed ourselves to the electronic game centers situation. Marlene ha.d�a request before the Council sometime ago, or some information for the Council, requesting that we take a longer look at the electronic game centers so that we don't go through this passel all the time. In addition, in reading over the transcript, I find that our licenses for electronic games are far lower, than they are elsewhere in the area. If we are going to p6tice these places I think we ought to -get some money for doing it. 25 Roger Dahlstrom: Councilwoman Shples' memo came to our department and per he-r request we are takingit through the Land Use Committee and. the Planning Committee, The Land Use Committee discussed her memorandum at their last meet,ing, last Monday night, and it Vs the consensus of that igroup that the control, if there is to be control, should-be a matter of licensing as: opposed to a matter of zoning. It is basically their feeling that they 26 VOLUME XLIX, should be permitted uses like any other business in B -2, B -3 and B-4 Districts, but under the guidance or control of some sort of a licensing that would license the owner and evaluate the responsible nature of that particular operator.. We will be taking it to the Planning Committee for their review also, and whatever comes out of those two groups will be brought before the Council, but that would appear to be the direction that the Committees are taking at this point. Councilwoman.-Shales: I am still looking forward to having some type of licensing and I would assume that people who are..a:I�eady•, °operatin.g in the City.of _Elgin would be grand - fathered in subject to re- licensing every year. Counsel Jentsch: If it is a licensing under everyone would have to qualify. Licenses ar for given periods of time,.such as annually, be applying, initial licenses and thereafter person who is in business would have to meet set in motion, whatever they turn out to be. police powers e typically issued so everyone would for renewals. That whatever standards Councilwoman Shales: As far as the location goes this is the type of location that I would like to see this type of amusement center located in. Its an area with a lot of parking and it doesn't spill over into residential areas, and that is why I am going to approve this one. Councilman Waters: I think a wrong was committed the last time and I see no basis for an objection so I would have to support this. Councilman Hansen: I am supporting this particular business venture operation. I would hope that the staff and the Land Use Committee would not build us a big bureaucracy to control and license these kind of operations. I am just visionalizing are we going to have an electronic game center commission like we have a liquor commission. Counsel Jentsch; Typically you adopt an ordinance which describes the qualifications for a license and it is ,merely a question of administering that, if you have the qualifications You get a license and if you don't have the qualifications you don't. There wouldn't be any discretion as to whoever was responsible for physically issuing the license. Councilman Hansen: So we could work that into our present bureaucracy then. I also agree that I think we have too many of these special uses attached to our B -3 and other zoning, such as the one we just passed for the Kinder Care, why is that a special use, its simply a matter that it is not on the list. By "having all of these special uses we can really delay people who want to begin a business in Elgin and I think we should look at all of these> things. VOLUME XL1X z 27 Councilwoman Shales made a motion, seconded by Councilman Hansen to approve Petition 47 ®83, subject: to the conditions outlined by the Planning Committee. Yeas: Councilmen Hansen, Shales and Waters. Nays: Councilman Schmidt and Mayor Verbic. Present: Councilman Andersen. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN"AGREENVENT WITH STETSON_ POOLS,-- - -INC. Councilman Andersen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STETSON POOLS, INC. VOLUME XLIX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager; and Marie Yearman, G hereby respectively authorized and directed to execute aneagreemen�aonre behalf of the City of Elgin with Stetson Pools, Inc., for the management Of Whig Park and Lords Park Pools, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic rNaCilard L. Ver ic, Mayor Presented: January '23, 1984: Adopted: January 23, 1984 Vote: Yeas 6 Nays 0 Recorded Attest: s/ Marie Ye man Malle Yearman, city Cler - RESOLUTION ADOPTED DESIGNATING THE ELGIN PLANNING COMMITTEE AS THE OFFICIAL HEARING $ODY FOR THE ELGIN MUN INIF I,C IIIeTQ IrT bi n.. 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, VOLUME X LIX RESOLUTION DESIGNATING THE ELGIN PLANNING CMITTEE AS THE OFFICIAL HEARING BODY FOR THE ELGIN BUSINESS DISTRICT PLAN WHEREAS, °the City of Elgin has determiend that it is appropriate and desirable to encourage the revitalization of the Central Business District; and WHEREAS, a Business District Plan should conform with a comprehensive plan of the municipality; and WHEREAS, the adoption of a Business District Plan must precede the programmatic use of federal funds under the Housing and Community Development Block Grant per Code of Federal Regulations, Title 24, Subtitle B, Chapter V, Part 570, Sections 570.301, 570.302 and 570.30:3; and WHEREAS, the adoption of a Business District Plan must precede the exercise of powers set forth at Section 11- 74.3 -3 of Chapter 24, Illinois Revised Statutes, 1981; and WHEREAS, Section 11-- 74.3 -2 of Chapter 24, Illinois Revised Statutes, 1981, requires one or more formal public hearings to be held previous to the adoption of a Business District Plan. NOW, THEREFORE, BE IT RESOLVED BY.THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the_ jg Planning Committee shall -be designated as the official hearing body for the Elgin Business District Plan. s/ Richard L. Verbic Ridiard L. Verbic, Mayor Presented: January 23 1984 Adopted: January �31 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie.Yea an Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF GLUTH BROS. CONSTRUCTION, INC. FOR REPAIR OF SANITARY SEWERS 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. W 30 VOLUME XLIX RESOLUTION AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF GLUTH BROS. CONSTRUCTION, INC. FOR REPAIR OF SANITARY SEWERS 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 G1uth Bros. Construction, Inc. for the repair of sanitary sewers in Center Street from Franklin Street to Kimball Street, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, RaYor Presented: January 23, 1984 Adopted: January 2.3; 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yrman Marie Yearman,, City Cler RESOLUTION ADOPTED AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF GLUTH BROS. CONSTRUCTION INC. FOR REPAIR OF SANITARY SEWERS Councilman Hansen made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution.... Yea.s.: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX RESOLUTION AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF GLUTH BROS. CONSTRUCTION, INC. FOR REPAIR OF SANITARY SEWERS 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 Gluth Bros. Construction, Inc. for the repair of sanitary sewers in Division Street from Liberty Street to Porter Street, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: January 23, 1984 Adopted: January 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING DONALD J . DORWALDT AS comet I SS I O . OF THE ELGIN HOUSING AUTHORITY councilman Hansen made a motion, seconded by councilman Waters to adopt the aforementioned resolution. Yeas: councilmen Andersen, Hansen, Schmidt,, Shales, Waters and Mayor erbic. Nays: None. ,f 31 32 VOLUME XLIX REAPPOINTING DONALD RESOLUTION TflE ELGIN HOUSING ALDT AS CQI�IISSIONER OF AU HORITY BE IT RESOLVED By CITY that Donald J. COUNCIL OF THE CITY OF ELGIN ILLINOIS, ng Auto be and is hereby reappointed as colmiissioner of the Elgin Housing Authority for a term to expire December 7, 1987. s/ Richard Lo Verbic Ric ar L. erbic, Mayor. Presented: January 23., 1984 Adopted: ,January 23, 1984 Vote: Yeas 6 Nays 0 Recorded: EAttes t: s / Ma r � e Yeman r�rie Yearman, Czty Cler RESOLUTION ADOPTED REAP.POlNTI:NG CARROLL WILL TAMS A,S A MEMBER OF THE BOARD OF HEALTH Councilwoman Shales made a to ado motion, seconded by Counc i lmars So h� i dt pt the Hansen, Schmjdned resolution, Yeas: Counci 1merB None. _t, Schmidt, Shales, Waters and Ma or None, Y Verb o e Nays: VOLUME XLIX 33 RESOLUTION REAPPOINTING CARROLL WILLIAMS AS A MEMBER OF THE BOARD OF HEALTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN., ILLINOIS, that Carroll-Williams be and is hereby reappointed as a member of the Board of Health for a term to expire.May 1, 1986. S/ Richard L. Verbic Iddiard L. er ic, Mayor Presented: January 23, 1984 Adopted: January 23, 198+ Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING DONALD PESCH AS A MEMBER OF THE BOARD OF HEALTH 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. 34 VOLUME XLIX RESOLUTION REAPPOINTING DONALD PESCH AS A MEMBER OF THE BOARD OF fEUTH BE IT RESOLVED BY,THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Donald Pesch be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 19864' S/ Richard L. Verbic RicharU L. er ic, yor Presented: January 23, 1984 Adopted: January 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: pa t r sue/ l \Mari e Ye rma n Marie Yearman, City Cler RESOLUTION ADOPTED REAPPOINTING HOWARD ;GERBER AS A MEMBER OF THE BOARD OF HEALTH 'Councilwoman Shales made a motion, seconded by Councilman Schmidt, to adopt the aforementioned 'resolution. Yea s• Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME X L I X 35 RESOLUTION REAPPOINTING HOWARD GERBER AS A MEMBER OF THE BOARD OF HEALTH BE IT RESOLVED BY THE 'CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Howard Gerber be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 23; 1984 Adopted: January 23, 1984 !Tote : Yeas 6 Na�rc 0 Recorded: Attest: s/ Marie Yea an rie Yearman, City Clem RESOLUTION ADOPTED REAPPOINTING PAUL ZUMKELLER AS A MEMBER.OF THE HEMMENS ADVISORY BOARD Councilman Andersen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas-. Councilmen Anderse "n, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 36 VOLUME XL1X RESOLUTION REAPPOINTING PAUL ZUMKELLFR AS A MEMBER OF THE HENS ADVISORY BOARD BE IT RESOLVED BY UIE CITY °COUNCIL OF THE CITY OF ELGIN, ,ILLINOIS, that Paul Zumkez; -be and is hereby reappointed as a member of the Hemmers Advisory Board for a term to expire May 1, 1`986 s/ Richard L. Verbic lUcHard L. Verbic, Mayor Presented: January 23, 1984 Adopted: January 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Cler _RESOLUTION ADOPTED REAPPOINTING MARIANNE NELSON AS A MEMBER OF THE HEMMENS ADM -ORY BOARD 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 XLIX KK RESOLUTION REAPPOINTING KAY MARTIN AS A MEMBER OF THE HaM+fNS ADVISORY BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kay Martin be and is hereby reappointed as a member of the Hen nens Advisory Board for a term to expire May 1, 1986. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 23, 1984 Adopted: January 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Maria Ye4rman Marie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS National League of Cities $2,387.00 Annual dues for 1984. U.S. Conference of Mayors Globe Ticket Co. Gromer Super Market 1,900.00 Annual dues for 1984. 1,559.96 Transfer t i ckets for City Bus Routes. 4,230.00 Christmas gift certificates for city employees. Councilman Waters made a motion, seconded by Councilman Hansen to approve the aforementioned payments. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue for October, 1983 Parking Lot Revenues 12/1/82 through 11/30/83 Councilman Hansen made a motion, seconded by Councilman Waters to place the above reports on file as published. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 40 VOLUME XEiX RECOGNIZE. PERSONS PRESENT Councilwoman S.hales=.. On ;behalf of the. Council I would like to commend the Elgin Police Department for the good end of the year report that they published. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilman And to adjourn the Council Meeting to 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 8:45 p,mo VOLUME XLIX February 13, 1984 41 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 13, 1984 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 Councilman Hansen, 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. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff MINUTES OF THE JANUARY 23, 1984. COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Schmidt to approve the January 23, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. BID AWARDED FOR POLICE SQUAD CARS Councilman Hansen made a motion, seconded by Councilman Schmidt to award the bid for eight vehicles to the overall, low, bidder, Biggers Chevrolet.lnc., for a total net bid price of $69,946.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TWO ADMINISTRATIVE SEDANS Councilman Gilliam made a motion, seconded by Councilwoman Shales to award the bid for two 1984 Chevrolet Impalas from Biggers Chevrolet for $17,945.00. This is a replacement purchase for the Police and Fire Chiefs. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. B I D AWARDED FOR REPAIRS TO THE YWCA ANNEX PROJECT Councilman Gilliam made a motion, seconded by Councilman Hansen to award the contract to the low bidder, Ron Baker Painting, far a total net bid price of $11,750.00. Yeas: Councilmen y. Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 42 VOLUME XLIX BID AWARDED FOR GOLF MAINTENANCE EQUIPMENT Councilman Waters made a motion, seconded by Councilman Gilliam to award this contract to the low responsive bidder, .Illinois Lawn Equipment Inc., for a total net bid price of $8,058.37. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. BID AWARDED FOR DREDGING CREEK AT S PARTAN MEADO S Councilman Hansen made a motion, seconded by Councilwoman Shales to award the contract to the low bidder, Turner Bros. Excavating Inc., for a total amount of $3,865.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and.M.ayor Verbic. Nays; None. CONTINUATION_ OF PUBLIC HEARING ON PETITION Councilman Gilliam made a motion, seconded by Councilman Hansen to continue the public .hearing to the CouncQl Meeting on February 27, 1984. Yeas.: Councilmen Andersen, Gil`iam, Hansen, Schmidt, Shales, Waters and,Mayor Verbic. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN ELECTRONIC GAME CENTER AT TYLER CREEK P LAZA Councilman Andersen: I would vote to approve this wththe provision that the yearly license fee per machine be raised to $75.00 per machine which is based on some of the figures from nearby towns and villages where they have these operations in place. Councilwoman Shales: I would' Iike to see us raise the license fee for everyone. Counsel Jentsch: You: should address this by.amendment to the existing license ordinance rather than this zoning ordinance. Mayor Verbic: This can be brought up at another meeting for further discussion. Councilwoman Shales made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: CourciImen Gilliam, Hansen, Shales and Waters. Nays: Councilmen And.e- r•sen, Schmidt and Mayor Verbic. -�� VOLUME XLIX Ordinance No. G2 -84 AN ORDINANCE GRANTING A SPECIAL- USE FOR AN ELECTRONIC GAME CENTER AT 28 TYLER CREEK PLAZA *]EREAS, written application has been made for a special use for the establishment, maintenance and.;.operation of an electronic game center at 28 Tyler Creek Plaza; and WMREA.S, 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-.E1g'm concurs in the findings and recommendations of the Land Use Committee. NOW,:THEREEFORE,: BE IT ORDAINED BY THE CITY COUNC °IL 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 28 Tyler Creek Plaza, Elgin,, Illinois, legally described as follows: A portion of Lot 6 in Tyler Creek Plaza Subdivision, being- a subdivision of part of the east half of the southwest quarter of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. 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. ba . 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 to June 15, excluding official school holidays. d. Adult staff is to be present on the premises during all hours of operation 43 44 VOLUME XLiX e. Hours of operation are to be limited as follows: September 1 through June 15 Monday through Thursday Friday Saturday Sunday June 16 through August 31 Monday through Thursday Friday and Saturday Sunday 12:00 P.M. - 10:00 P.M. 12 :00 P.M. - 11:00 P.M. 10:00 A.M. - 11:00 P.M. 12:00 P.M. - 9:00 P.M. 10:00 A.M. - 10:00 P_M. 10 :0.0 A.M. - 11:00 P.M.. 12:00 P.M. 9:00 PM, 2. A bicycle rack is to be installed. 3. 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. si Richard L. Verbic Ric ar E- er ic, Mayor Presented: February 13, 1.984 Passed: February l 1984 Vote: Yeas 4 Nays 3 Recorded: Published: Attest: s a r u e rma n Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A S-PEC IAL USE FOR A DAY CARE CENTER AT 555 HIAWATHA DR. 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. VOLUME X L9x Ordinance No. G3 -84 AN ORDINANCE GRANTING A SPECIAL USE FOR A DAY CARE CENTER AT 555 HIAWATHA DRIVE WHEREAS, written application has been made for a special use for the establishment, maintenance and.operation of a day care center at 555 Hiawatha Drive; 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 day care center at 555 Hiawatha Drive, Elgin, Illinois, legally described as follows; That part of the Southwest quarter of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows; Commencing at the intersection of the North line of Route 58 as dedicated by Document 11045854 and the East line of, property conveyed in deed filed for record June 28, 1950 as Docu- ment Number 14837621 in Cook County, Illinois; thence`North 1 degree 14 minutes East along the East line thereof 400.07 feet; thence North 89 degrees 1.5 minutes 30 seconds West, a distance of 284.50 feet for the Point of Beginning; thence continuing North 8.9 degrees 15 minutes .30 seconds West, a distance of 140.0 feet to a line 101.0 feet East of and parallel with the West line of property conveyed in deed recorded as Document Number 14837621 aforesaid; thence South 0 degrees 37 minutes West along said parallel line a distance of 100.0 feet; thence North 89 degrees 15 minutes 30 seconds West, a distance of 680.0 feet to a point on a line that is 33.0 feet Easterly of (measured at right angles thereto) and parallel with the West line of the property conveyed in deed recorded as Document Number 14837621 aforesaid; thence North 0 degrees 37 minutes East, along said parallel line, a distance of 210.0 feet; thence South 89 degrees 15 minutes 30 seconds East, .a distance of 208.0 feet..; thence South 0 degrees 37 minutes West a distance of 110.0 feet to the Point of Beginning. Being-s= ituated in the City. of Elgin, Cook County, Illinois and containing 0.681 Acre more or less. be and is hereby granted subject to the following conditions: 45 46 VOLUME XLIX 1. Conformance to the site plan prepared by Schaffer Bonavo -lonta Architects. 2. Conformance to all other applicable codes, ordinances and statutes. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law, s./ R i chard L. Verb i s Uchard L. Ver ic, or Presented; February 13, 1984 Passed: February 13, 1984 Vote Yeas 7 Nays O Recorded: Published: Attest: s/ Mare Yea man rie ea roman, City l.er RESOLUTION ADOPTED AUTHORIZING AGREEMENT FOR ARCHITECTURAL SERVICES Leo Nelson: The Suds Laundry and the Franklin School are the two buildings to be analyzed. Councilwoman Shales: Head Start is able to purchase either one of these buildings. Leo Nelson: I cannot speak for the Head Start people, they`bre both for sale and can be acquired, it is a question of overall which would be the most economical facility. Pat Andrews: Both of the buildings are for sale right now and in order to even negotiate or see if the buildings are feasible you need to know the cost of rehabilitation. Plus Inc,, will be well aware of the rehabilitation costs and any building negotiation will also consider the rehabilitation costs for the proposed use. Councilwoman Shales: The cost is purchase the building isn't out of sight already, ,I assume that it is possible. Pat Andrews: We have to have appraisals done. It appears that possibly. Where do you start on something like this. With Franklin School we can negotiate with a public body, we do not have to have appraisals done. So you need the analysis really to negotiate on Franklin School. If Suds Laundry on the other hand, appraisal comes in very reasonable and rehab costs are less then you are looking at exchange, trade -offs and what is going to be most cost effective and that is part of the purpose of this. VOLUME XLIX Councilman Waters: There was a time limit placed on the use of those monies. Pat Andrews: There was a ten month time limit the time could not start until the end of July when the funds were freed up on block grant. We couldn't do any work on the project until there. Actually the time limit would run out In March. This will slow it down but at the same time purchasing the building not knowing the rehab costs, I don't think the 30 days saved would really be money saved. Councilwoman Shales: Does the. cost of this come out of block grant funds. Pat Andrews: Right. It would be part of the acquisition of a facility for Head Start. Councilman Hansen: Is it Plus Inc. that heads up Head Start. Did they select these two possible sites or did we have a part in it at all. 47 Pat Andrews: Frank] in School was sugges' '&d'-to `'t=hem or i g i n'a_l 1 y. They looked at a number of facilities and the Suds Laundry was the other facility they thought would be most in line with their needs. It was their selection. Councilwoman Shales 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. S RESOLUTION AUTHORIZING AGREEMENT FOR ARCHITECTURAL SERVICES VOLUME XLIX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and.is hereby authorized and directed to execute a contract on behalf of the City of Elgin with Dahlquist and Lutzow, Architects, for the analysis of structures located at 37 South Geneva Street and 229 North Grave Avenue, Elgin, a copy of which is attached hereto and made a part hereof by reference.. 5/.Richard Lo Verbic RicFurd L. Verbic, Mayor Presented: February 13, 1984 Adopters February 13, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an rie Barman, City Clerk RESOLUTION ADOPTED "DESIGNATING.MEMBERS OF THE ELGIN CENTRAL. BUSIN'E'SS DISTRICT ECONOMIC DEVELOPMENT LOAN REVIEW COMMITTEE 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 XLIX 49 RESOLUTION DESIGNATING MEMBERS OF-THE ELGIN CENTRAL BUSINESS DISTRICT ECONOMIC DEVELOPMENT LOAN REVIEW CMITTEE WHEREAS, the City of Elgin has established a Central Business District Economic Development Demonstration Project; and WHEREAS, said project includes the formation of a Loan Review Committee; ". 90 WHEREAS, it shall be the task of the Loan Review Committee to refine proposed loan review criteria in order to maximize consistency with adopted city plans; and WHEREAS, the Loan Review Committee will recommend equitable programmatic loan review analysis methods so that it may accept and structure business loan assistance packages. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following individuals shall be designated as the Central Business District Economic Development Loan Review Committee: Walter Cordin Roger Dahlstrom Renard Jackson Presented: February 13, 1984 Adopted: February 13, 1984 Voter Yeas 7 Nays 0 Recorded: Attest: V" arse ,a( JUm an rie Yearman, City Clerrc Edward Kelly Richard McConnell. Leonard Rempert s/ Richard L. Verbic EcharU L. Ver ic, Mayor RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THERMOPLASTIC PAVEMENT MARKING 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. r . VOLUME XLIX RESOLUTION. AUTHORIZING AN AGREEMENT WITH THE: ILLINOIS DEPARTMENT OF TRANSPORTATION FOR TFIERMOPLASTIC PAVEMENT. MARKING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbie, Mayor, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for thermoplastic pavement marking, a copy of which is attached hereto - and made a part hereof by reference. s.I Richard La Verbic ar. L. er gc, ayor Presented: February 13, 1984 Adopted: February 13, 1984 Vote: Yeas 7 Nays 0 Recorded:. Attest: Mari e Yeal�man Marne Yearman, City Cler RESOLUTION ADOPTED IN LIEU OF "SURETY BOND FOR WORK DONE iN STATE OF ILLINOIS RIGHTS. OF WA Y Councilman Hansen made a motion", seconded by Councilman Sc:hrn 1 dt to adopt the aforementioned resolution." Yeas: Councilmen`;` Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays; None, VOLUME XLIX 51 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 1984, the location.., construction, operation and maintenance of driveways and street returns, watermains, sanitary and storm sewers, street lights:, traffic signals, sidewalks, landscaping, etc., on State highways, within the City of Elgin, which by law and /or agreement come under the jurisdic- tion and control of the Department of Transportation of the State -of Illinois; and WHEREAS, an individual working permit must be obtained from the Department of Transportation prior to any of the aforesaid installations being constructed either by the City of Elgin or by a private person or firm under contract and supervision of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby pledges its good faith and guarantees that all work shall be performed in accordance with the condi- tions of the permit to be granted by the Department of Transportation,, 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 KIMard L. Ve.r Tc, Mayor Presented: February 13 1384 Adopted: February 13, 1984 Mote : Yeas 7 Nays 0 Recorded:. Attest: s/ Marie Yea a an Marie Yearman., City Clerk RESOLUTION ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT kC01_ingbourne ropert 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. 52 AUTHORIZING FIRE PROTECTION SERVICE AGREEMIlVT (Collingbourne Property) VOLUME XL I x 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 re behalf of the C- Trust, for fire ty of Elgin, with The Agnes B. Coll.i.ngboux`ne protection service, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Rzc ar L. er.zc, Mayor Presented: February 13, j 9g4 Adopted: February I:�, 1984 Vote: Yeas 7 Nays.O Recorded: Attest: s/ Marie Yea an Marie Ycarman, City Cler RESOLUTION ADOPTED AUTHORIZING FIRE R POTECTION SERVICE AGREE T MENT e Or er o Ea es Councilwoman Shales made a Andersen to adopt the aforementionederesoludtiion. yeas. Councilmen Andersen, Gilliam, Waters and Mayor Verbic, Hansen, Schmidt, Shales, Hansen, None. VOLUME XLIX RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT (The Fraternal Order of Eagles) WHEREAS, The Fraternal Order of Eagles, a nonprofit corporation, is the owner of certain property located outside the corporate limits of the City of Elgin.; and WHEREAS, said Fraternal Order of Eagles has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute the attached agreement on behalf of the City of Elgin,•with The Fraternal Order of Eagles for fire protection serVi : s/ Richard L. Ver-bic Ric.ar- L. Ver ic, Mayor Presented: February 13, 1984 Adopted: February 13: , 1984 Note: Yeas 7 Nays„ 0 Recorded: Attest: s/ Marre Yearian rie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING.A FIRE PROTECTION AGREEMENT WITH LEEWARDS CREATIVE CRAFTS INC. Councilman Hansen 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. 53 54 RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH LEEWARDS CREATIVE CRAFTS, INC. VOLUME X L I X WEIEREAS, LeeWards Creative Crafts, Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi- tions. NOW, TIUREFORE, EE' IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with LeeWards Creative Crafts, Inc., for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Ric hard L. er ic, Mayor Presented: February 13, 1984 Adopted: February 13, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie le t Marie YeaFEH, city Cler RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT'WITH SHAKEPROOF DIVISION ILLINOIS TOOL WORKS INC. 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 XLIX 55 RESOLUTION AUTHORIZING A FIRE PROTECTION AGREH4EVT WITH SHAKEPROOF DIVISION, ILLINOIS TOOL WORKS, INC. WHEREAS, the Shakeproof Division, Illinois Tool Works, Inc., a corpora- tion, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute,. an agreement on behalf of the City of Elgin, with the Shakeproof Divi.sion', Illinois Tool Works, Inc., for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: February 13, 198+ Adopted: February 13, 198+ Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A FIRE-PROTECTION AGREEMENT WITH. DE S-0TO , INC. 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. F 56 RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH DESOTO, INC. VOLUME XLIX WHEREAS, the DeSoto, Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi- tions. NOW, THEREFORE, BE IT RESOLVED BY THE CZTY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with the DeSoto, Inc., for fare protection service, a.copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RiEiard L. Verbic, Myor Presented:, February 13, 1984 Adopted: February 13, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE AMENDING THE COMMUNITY GRAPHICS ORDINANCE OF THE CITY OF ELGIN Councilman Hansen 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. VOLUME XLiX Ordinance No. G4 -84 AN ORDINANCE AMENDING THE COMM[1NITY GRAPHICS ORDINANCE OF THE CITY OF ELGIN WHEREAS, written application has been made to amend the provisions of the community graphics Ordinance of the City of Elgin to provide for the relocation of existing non- conforming signs; and WHEREAS, after due notice the Planning Committee conducted a public hearing on the proposed amendment and has recommended approval; and WHEREAS, the City Council Of the City of Elgin concurs in the recom- mendations of the Planning Committee. NOW; T EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.45,6f :,Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting Section 19.45.250. Section 2. That Chapter 19.45 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting Section 19.45 280. Section 3,. That Chapter 19.45 of Title 19 of the Elgin Municipal: Code.,. 1976, as amended, be and is hereby further amended by amending Section 19.45.260E to read as follows: "E. Moved in whole or in part to another location unless said sign, and the use.thereof, is made to conform to all the regulations of this chapter; provided, however, that a non - conforming graphic may be moved to another location on the same business premises if the said graphic, in its existing location, is to be taken or condemned through the exercise of eminent domain by any public body." Section 4. 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 Lo Verbic EFiard L. Ver ic, Mayor Presented: February 13, 1984 Passed: - February 13, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: s/ Marie Ye man rie Yearman, City Clerk 57 S RESOLUTION ADOPTED FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICI- PALITY UNDER THE ILLINOIS HIGHWAY CODE - VOLUME XLIX .Councilman Hansen made a'motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Verbicen' Gyllialloneansen,.Schmidt, Shales, Waters and Mayor Nays: ACCEPTANCE OF UNDERGROUND UTILITIES 3oe suMMlr ffWET tl TRUE vALUE HARDWARE COMPLEX Councilman Hansen made a motion, seconded by Councilman Schmidt to have the City of Elgin accept the underground utilities ,a t 830 -850 Summit Street in the True Value Hardware Complex. Y w Councilmen Andersen p eas : _ and Mayor Verbic, Gilliam, Hansen; Schmidt, Shales Water s Nays: None. ORDINANCE PASSED AMENDING THE ALCOHOLIC LIQUOR DEALERS PROVISIONS OF THE ELGIN MUNICIPAL CODE, AS` AMENDED Councilman Gilliam made a motion, seconded b � le s to pass the aforementioned ordinance. Yeasty Councilwoman S h , Schmidt, Shales Councilmen Ande e--sens G i l l am, Hansen, , Waters and Mayor Verbic. NaYS= VOLUME XLIX Ordinance No. G5 -84 AN ORDINANCE AMENDING THE ALCOHOLIC LIQUOR DEALERS PROVISIONS OF THE ELGIN MUNICIPAL CODE, 19.76, 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 6.06.050K thereof to read as follows: "K. Class J. For the sale by service bar in restaurants, as defined in Article I, paragraph 2.23 of the Illinois Liquor Control Law, of beer and wine -for consumption on the premises. For the purpose of this - section sale by service bar shall mean those sales whereby the licensee or his employees serve beer or wine in conjunction with a meal to patrons who are seated at a table where the patrons consume said food, beer and wine. A Class J license shall be granted only to restaurants engaged primarily in the sale of food for consumption on the premises; it being the' intent and; purpose ::of .:this section to permit the sale of liquor only as an incident or accompaniment to the serving of meals in dining places of good repute. All liquor sold under this section shall be for consumption upon the premises in the restaurant only, and it shall bb unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. The license fee shall be seven hundred and fifty dollars." Section 2. That this ordinance shall be in full force and effect from and after its passage and publication in pamphlet form: Presented: February 13,`1984 Passed: February 13,-,1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie ye rman Marie Yearman,'City Clerk s s/ Richard L. Verbic Ta—cFard L. VeFGTE, , My--or 59 60 VOLUME XLIX AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Northeastern Ill.. Planning Commission $2,300,00 1984 membership dues. Gromer Super Market $1,515°00 Christmas gift certificates. Illinois Hydraulic $2,100.00 Storm sewer replacement. CCADA $2,499,99 Program Coordinator for Alcohol Safety ;Program. Schneider .Excavating $7,963.00 Continental Little-League baseball fields. Elgin Continental Little League. Reimbursement for funds paid $3,641.46 to'Schneider Excavating. Jimmy Diesel, Inc. $29,061.W8 City Bus repairs. Jeff Holmgren $3,942.74 Reimbursement under Residential Rebate Program. Councilman Gilliam made a motion, seconded by- Councilman Schmidt 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 Public Property and Recreation Board Minutes 1/24/84 City'Traffic Committee-Minutes 1/12/84 Cemetery Report for December, 19;83 Greater Downtown Elgin Commission Minutes 1%9/84 Water Department Report for January, 1984 B;uil'ding Permit Report for January, 1984 Public Works Report for December, 1983 Councilwoman Shales: Mr- Mayor, I would like to acknowledge the Gifford Park Association, in reading the; minutes of the Pubiic Property and Recreation Board .Minutes, they were commended by the Board and I would like to make it public in q6r meeting that all the work they did on the W i ngr, Park Clubhouse. I would also bring to public David Towner, who constructed a bell diamond in Century Oaks West. I would like,'to extend our appreciation to these people. Mayor Verbic: I also note that our sales tax revenue increased by 7% which is a good omen again. Councilman Waters: I read with interest the minutes of the Greater Downtown Elgin Commission and I thought the suggestions by Jim Knowles for the programming of downtown Elgin was consistent with my own beliefs. z -lam t a VOLUME XLIX 61 Councilman Waters 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 Councilwoman Shales made a motion, seconded by Councilman Hansen to adjourn the Council Meeting to 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 Yearman, City C er VOLUME XLIX February 27, 1984 62 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 27, 1984 . 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 Reverend Harold Humbert, Chaplain of the Elgin Mental Health Center, and the Pledge of Allegiance was led by Mike Bailey of the Daily Courier News. APPOINTMENT OF ACTING CITY CLERK Councilman Schmidt made a motion, seconded by Councilman Shales, to appoint Nancy Roll as Acting City Clerk. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Absent: Councilman Hansen. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, Acting City Clerk Nancy Roll and members of staff. MINUTES OF TIM FEBRUARY 13, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Shales made a motion, seconded by Councilman Waters, to approve the February 13, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR.CGIUNICATIONS SYSTEM Councilman Waters made a motion, seconded by Councilman Shales, to accept the bid of Motorola Communications and Electronics, Inca with the 15 items of deduction recommended by Sachs /Freeman Associates, Inc. and to reject the two alternate options recommended by Motorola Communications and Electronics, Inc. for a total bid price of $860,665. Councilman Gilliam stated, "I will vote no, against the communications system, not that I am opposed to it and not because I don't agree with the need for it, but in protest of Council, what I consider, wasting,,- money.;: I agreewe do•have.:a..better.system, we paid $87,000 for the better system and we paid $31,000 for that system, when I think in reality we could have done it at the same time and avoided the extra $31,000. My vote is in protest of the $31,000 that we are-going to spend that was unnecessary and not against the system itself." Mayor Verbic stated, "I am happy we went through the bidding process and I, like everyone else, did not realize that there were only two people capable of bidding for a communications system like Elgin is going to have and as Mr. Ebstein stated we have a more reliable system and it is less likely to 63 VOLUME XLIX" suffer problems in the future and it will provide a high quality communica- tions system. I am extremely satisfied with the changes that have taken place and, I think, for the betterment of the communications system it is going to serve the needs of our City very adequately." Yeas: Councilmen Andersen, Schmidt, Shales., Waters and Mayor Verbic, Nays: Councilman Gilliam. BID AWARDED FOR THE MICROPROCESSOR FOR THE PLANNIN DEPARTMENT Councilman Gilliam made a motion, seconded by Councilman Schmidt, to accept the bid of Farnsworth Computer Center in the amount of $4,530,66 for the microprocessor for the Plana ng Department. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, BID AWARDED FOR GOLF CARS FOR SPARTAN MEADOWS Councilman Gilliam made a motion, seconded by Councilman. Shales, to accept the bid of Nadler Golf Car Sales, Inc. in the amount of $12,000 for the golf cars for Spartan Meadows. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None CONTINUATION OF PUBLIC HEARING ON PETITION 31.83 Charles Burnidge, representing Elgin Airport Property Limited, appeared before the Council to discuss the status of the project, request some considerations, review the annexation agreement and the time frame, Mr. Burnidge stated that the original proposal showed a shopping center of 250,000 square feet. At that time Barton- Aschman did a fiscal impact study stating that the annual sales tax to the community would be $367,000 at the time the center was completed. Since the center has been increased from 250,000 square feet to 350,000 square feet, there is-also an increase in sales tax of $147,000 in additional dollars, increasing sales tax from $367,000 to $51411000 per year.. This does not include the hotel tax,. which was also part of the fiscal impact analysis. Mr. Burnidge stated that °Melvin.Simon reviewed the design standards, It was determined that there would be three points of variance with the existing ordinances. Those three points are the parking lot of the shopping center (Melvin Simon is requesting a six inch compacted base rather than the eight inch compacted base which is' part of the ordinance); a variance from the curb islands, and landscaping that are presently part of the ordinance and a possible variance on the size and the height of the signs that are part of the Melvin Simon shopping center. Regarding the parking lot variation, Mr. Burnidge stated that they are not asking for the elimination of landscaping and all curb islands, but.for changes from the existing ordinance. VOLUME XLIX 64 Mr. Burnidge discussed the improvements which deal with the intersection, the access road, the frontage road and River Road. The estimated cost is $1,750,000. This estimate includes sewer, water, paving, curb, gutter and sidewalks. It includes surveying and engineering, a temporary entrance, detention land costs, and landscaping as per City of Elgin ordinance. It does not include the cost of right of way acquisition. Mr. Burnidge stated that they are asking for 750 of the return of the sales tax per year to be used to reimburse the developer for a period of 20 years or until the developer has been reimbursed the full amount, whichever comes first. Mr. Burnidge presented a prototype of the Venture Store to be located on the site. He stated the signage for the Venture Store complies with City of Elgin ordinances,.however there are two signs for the development itself that would reed a variation from City ordinances. Mr. Burnidge stated that much of the information will be available on March 1, 1984. Councilman Waters suggested that the public hearing be delayed until refine- ments can be made to the annexation agreement. Councilman Gilliam made a motion, seconded by Councilman Shales, to continue the public hearing to the Council Meeting on March 12, 1984. . Yeas: Council- men Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. CONSIDERATION OF s AT 900 3-84 REQUESTING A JR. Roger Dahlstrom.: Petitioner desires to establish a motor vehicle sales business with an open sales lot on the subject property:. An automotive service station was located on the property for some time in the past. The property is approxi- mately 17,500 square feet and is improved with a commercial building and paved off - street parking. The area surrounding the subject property is zoned M -1 and is an example.:of mixed commercial and industrial pattern of development Locations for this mixed use pattern of development generally have a highway orientation or are associated with older commercial or industrial areas vnow in transition., At its regular meeting of February 6, 1984 the Land Use Committee recommended the approval of the proposed rezoning by a vote of 6 yeas and 0 no. The petitioner is represented by Attorney Warren Carbary if you have any questions of him. Councilman Waters made a motion, seconded by Councilman Schmidt, to approve Petition 3 -84. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSER AMENDING THE ELGIN HJNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilman Waters made a motion, seconded by Coun cilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 65 VOLUME XL IX Ordinance No. G6-84 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 Braeburn Drive must stop at Todd Farm Drive before crossing or entering the same. All vehicles being operated on Countryside Drive must stop at Todd Farm Drive before crossing or entering the same. All vehicles being operated on Fairwood Drive must stop at Todd Farm Drive before crossing or entering the same. All vehicles being operated on Lennoxshire Drive must stop at Todd Farm Drive before crossing or entering the same. All vehicles being operated on Mallard Drive must stop at Todd Farm Drive before crossing or entering the same. All vehicles being operated on Robinwood Drive must stop at Todd Farm Drive before crossing or entering the same. All vehicles being operated on Todd Farm Court must stop at Todd Farm Drive before crossing or entering the same. All vehicles being operated on May Street must stop at Grace Street before crossing or entering the same. All vehicles being- operated on Grace Street must stop at May Street before crossing or entering the same. Section 2. That:all. ordinances or parts of ordinances in conflict with the provis °ions of th s'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. sJ Richard L. Verbic EdiarU L. Ver ic, Mayor VOLUME XLIX Presented: February 27, 1984 Passed: February 27, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS IN THE CITY OF E IN .e Councilman Schmidt made: a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbica Nays: None. RE VOLUME XLIX Ordinance No. G7 -84 AN ORDINANCE AMENDING CERTAIN 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 11.36 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: Bluff City Boulevard, both sides thereof, from 150 feet west of the centerline of St. Charles Street easterly to 1S0 feet.e.ast of the centerline of South Liberty Street. St. Charles Street, both sides thereof, from 100 feet north of the centerline of Bluff City Boulevard southerly to 300 feet south of the centerline of Bluff City Boulevard. South Liberty Street, both sides thereof, from the center- line of Bluff City Boulevard to 100 feet south of the centerline of Bluff City Boulevard. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 27, 1984 Passed: February 27, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Acting City Cler RESOLUTION ADOPTED AUTHORIZING AN AGREDENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, FOR TRAFFIC CONTROL SI NALS Councilman Andersen made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XL,IX 68 RESOLUTION AUTHORIZING AN AGREHYRVT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, FOR � CONTROL SIGNALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L.. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf . of the City of Elgin with the State of Illinois, Department of Transporta- tion, for the installation and coordination of traffic control signals at Route 25 and Liberty Street, Route 25 and Bluff:City Boulevard and Route 25 and St. Charles Street in the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 27, 1984 Adopted: February 27, 1984 Vote: Yeas 6 Nays 0 Recorded Attest: s/ Nancy Roll Nancy Roll, cting City Clerk RESOLUTION ADOPTED AUTHORIZING PLAN APPROVAL FOR BFI CONTROL SI S 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: None. M, RESOLUTION AUTHORIZING PLAN APPROVAL FOR TRAFFIC CONTROL SIGNALS VOLUME XLIX WHEREAS, it is in the best interest of the City of Elgin to facilitate the improvement at the intersections of Illinois Route 25 (Liberty Street); Illinois Route 25 (Bluff City Boulevard) and Illinois Route 25 (St. Charles Street) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the'City of Elgin hereby approves the plans and specifications submitted by the Illinois Department of Transportation for the proposed traffic signal installation and modernization at the said intersections, prepared by the Illinois Department of Transportation entitled Illinois 25 (Bluff City Boulevard., St. Charles Street, Liberty Street) and dated November 4, 1983. s/ Richard L. Verbic Richara L. Veirbic, Mayor Presented: February 27, 1984 Adopted: February 27, 1984 Vote: Yeas 6 Nays O Recorded:: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk RESOLUTION ADOPTED APPROPRIATING MOTOR FUEL TAX 7UNUSTROURITTYPIC CONTROL' SIGNALS Councilman Shales made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX :. U- SOLUTION APPROPRIATING 'MOTOR FUEL, TAX FUNDS FOR TRAFFIC CONTROL SIGNALS WHEREAS, the City of Elgin has entered into an Agreement with the State of Illinois for the installation of traffic control signals and coordination equipment at the intersection of Illinois Route 25 (Liberty Street) and Illinois Route 25 (Bluff City Boulevard) and for modernization of the traffic control signals and installation of coordination equipment and fire preemption equipment at the intersection of Illinois Route 25 (St. Charles Street) and Illinois 25 (Bluff City Boulevard), known as State Section 49TS -83 and as City Section 84- 00132 -OOTL; and WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the City to appropriate sufficient Motor Fuel Tax Fiords to pay its share of the cost of said traffic signal installation. NOW,.' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby appropriated the sutra of Twenty -Three Thousand and no /100 dollars ($23,000.00) or so much thereof as may be necessary, from any money now or hereinafter allotted to the City, under provisions of the Motor Fuel Tax Law, to pay for its share of the cost of this improvement as provided In this Agreement; and 70 BE IT FUR'T'HER RESOLVED that upon award of the contract for this improvement, the City will pay to the Department of Transportation of the State of Illinois, in a lump sum from any funds allotted to the City, under the Motor Fuel 'Tax Law, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to the said Department the remainder of its obligation (including any non - participating costs for FA projects) in. a lump sum, upon completion of the project based upon final costs; and BE IT FUR'T'HER RESOLVED that the City agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. s/ Richard L. Verbic Richard . Verbic, Nffyor Presented: February 27, 1984 Adopted=. February 27, 1984 Vote: '.Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Cler Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 71 VOLUME XLIX RESOLUTION AUTHORIZING RERGUR,SEMENT TO THE ELGIN AREA CHAMBER OF COMMERCE FOR COSTS INCURRED FOR MARKETING SERVICES FOR THE PROMOTION OF THE IIEMMENS MEMORIAL BUILDING WHEREAS, the Elgin Area Chamber of Commerce and the City of Elgin are desirous of promoting the increased use of the Hemmens Memorial Building., a public building; and WHEREAS, the Elgin Area Chamber of Commerce at the request and with the consent of the City of Elgin have entered into a contract with Dunham/ Nikolich Communications, Inc. for marketing services designed to promote the increased use of the Hemmens Memorial Building. NOW, THEREFORE,.BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Finance Director be and is hereby authorized and directed to disburse the sum of $500 per month to the Elgin Area Chamber of Commerce for the period commencing January 1, 19.84 and ending December 31, 1984. BE IT FURTHER. RESOLVED that the Finance Director is further authorized and directed to reimburse the Elgin Area Chamber of Commerce for expenses paid to Dunham /Nikolich Communications, Inc., upon verification thereof, in an amount not to exceed $5.00 for the period from January 1, 1984 through December 31, 1984. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 27, 1984 Adopted: February 27, 1984 Vote: Yeas 6 Nays • 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Cler RESOLUTION ADOPTED AUTHORIZING AMENDMENT NO. 1 !�7 INC. Councilman Shales made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX 72 RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO AN AGREEMENT 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 nec- essary for the improvement of South McLean Boulevard from Bowes Road to Hopp 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 and directed to execute Amendment. No.. 1 to an agreement for engineering 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. er ic, Mayor Presented: February 27, 1984 Adopted: February 27, 1984 Vote: Yeas b Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AG=UT WITH M CO Councilman Waters made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Anderson, Gilliam, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. 73 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KANE COUNTY VOLUME XLIX 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 Memorandum of Agreement with Kane County for the completion of the Phase I engineering for the improvement of South McLean Boulevard from Van Street to Hopp Road, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RIMER L. er ic, Mayor Presented: February 27, 1984 Adopted: February 27, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll ancy Roll, Acting City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 3 TO CONTRACT NO. , 3 LIME RESIDUE DISPOSAL FACILITIES SECTION I ILL AND DRY LA NS Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution.. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. t VOLUME XLIX RESOLUTION APPROVING CHANGE ORDER NO. 3 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 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. s/ Richard L. Verbic Richard L. Ver 1c, Mayor Presented: February 27, 1984 Adopted: February 27, 1984 Vote Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk 74 Councilman Shales made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 75 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION CWANY FOR DOUGLAS AVENUE PARK BTROVEMENTS VOLUME XL IX WHEREAS, the City of Elgin has heretofore entered into a contract with Illinois. Hydraulic Construction Company for the Douglas Avenue Park 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 TIM 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: February 27, 1984 Adopted: February 27, 1984 Vote: Yeas 6 Nays 0 Recnrded. Attest: sZ Nancy Rol_ _1___ Nancy Roll, Acting City.Clerk OF AN Councilman Gilliam made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XL IX 76 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT GRANT TO THE SANITARY DISTRICT OF ELGIN 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 easement grant to the Sanitary District of Elgin.for the West Dundee Interceptor Sewer, a copy of which is attached hereto and made a part hereof by reference. s /:Richard L. Verbic Richard L. Verbic, Mayor Presented: February 27, 1984 Adopted: February 27, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk ADOPTED AUTHORIZING OF A ELGIN Councilman Gilliam made a motion., seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters.and Mayor Verbic. Nays: None. i 77 VOLUME XL IX RESOLUTION AUTHORIZING EXECUTION OF A LAND USE PERMIT TO THE SANITARY DISTRICT OF ELGIN 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 land use permit to the Sanitary District of Elgin for the West Dundee Interceptor Sewer, a copy of which-is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richara E. Ver7ic, Mayor Presented: February 27, 1984 Adopted: February 27, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Speer Financial, Inc. $5,000.00 Industrial Revenue Bonds for Sherman Hospital Project Ella Jenkins $3,300.00 Performances at Hemmens Building Bruce Municipal Equipment $1,840.11 Repairs to Sanitation Truck Raymond D. Cook $2,200.00 Settlement of Cook F Haseltine -v- Giertz - Melahn and City of Elgin Councilman Gilliam made a motion, seconded by Councilman Waters, to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: Norge. REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery Report for January, 1984 Public Works Report for January, 1984 Budget Summary Councilman Shales made a motion, seconded by Councilman Gilliam, to place the aforementioned reports on file. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. } VOLUME XLIX 78 ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilman Shales, to adjourn the Council Meeting to return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. The meeting was adjourned at 9:50 p.m. Nan 011 Acting CiVj Clerk ►. VOLUME XLIX March 12, 1984 79 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVEPO M I REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on March 12, 1984 at 8:25 P.M., in the Council Chambers of City Hall. The meeting was called to order by Councilman Gilliam. The Invocation was given by Councilman Waters and the Pledge of Allegiance was led by Councilman Gilliam. APPOINTMENT OF MAYOR PRO TEM Councilman Schmidt made a motion, seconded by Councilman Waters, to appoint Robert Gilliam as Mayor Pro Tem. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Nays: None APPOINTMENT OF ACTING CITY CLERK Councilman Hansen made a motion, seconded by Councilman Schmidt, to appoint Nancy Roll as Acting City Clerk. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Absent: Mayor Verbic_ Also present: City. Manager Leo Nelson, Corporation Counsel Erwin Jentsch, Acting City Clerk Nancy Roll and members of staff. MINUTES OF THE FEBRUARY 27, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Shales made a motion, seconded by Councilman Hansen, to approve the February 27, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. Present: Councilman Hansen. BID AWARDED FOR MOWERS FOR SPARTAN MEADOWS Councilman Hansen made a motion, seconded by Councilman Waters, to award the contract to the low bidder Illinois Lawn Equipment, Inc. for a total bid price of $12,247.56. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. BID AWARDED FOR TRAFFIC SIGNS Councilman Waters made a motion, seconded by Councilman Schmidt, to award the bid to Hall Signs, Inca and Metrosign, Inc. as differentiated on the report. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem M Gilliam. Nays: None. 80 VOLUME XLIX BID AWARDED FOR PHOTOCOPY MACHINE FOR WATER DEPARTMENT Councilman Shales made a motion, seconded by Councilman Andersen, to award the bid to the low bidder Office Copy Products for a total bid price of $1,977.82. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. BID AWARDED FOR RECARPETING SPARTAN MEADOWS CLUBHOUSE Councilman Waters made a motion, seconded by Councilman Andersen, to award the bid to the low bidder Associated Contract Carpet for a total bid price of $3,167.00. Yeas: Councilmen Andersen; Hansen, Schmidt, Shales, Waters and Mayor Pro Tem. Gilliam. Nays: None. CONTINUATION OF PUBLIC HEARING ON PETITION 31 -83 ELGIN AIRPORT PROPE—RTY Barry Lindsay,.Vice President of Melvin Simon, stated that they were brought into this project about 12 months ago by Venture. At that time their desire was to have a store open as Quickly as possible. Since that time. we have been working with Venture to accomplish that fact. We would like to start construction sometime in the spring or early summer of this year in order to be able to deliver a shopping center open for business by late spring of 1985. I understand concern has been expressed regarding the sales tax dollars that would be coming into the City of Elgin, whether these would be a redistribution of existing sales tax dollars or whether this would be generating new tax dollars. We've developed approximately 120 retail shopping centers, most of which were enclosed malls similar to Spring Hill. We've also done approximately 45 neighborhood centers, such as we're proposing to develop here. It's been our experience that when we put in a new center the adage of business breeds business is true. When we develop a regional mall, within two to five years after the mall is open the surrounding areas are full of additional retail development. The same goes for neighborhood centers. When you put a neighbor- hood center into a community, it generates additional business that the community has not realized in the past. The general average is that there is 2.2 square feet of discount retail gross area per person in the trade area. Elgin's trade area has a per square footage of .5 per person. This is one of the reasons Venture wants to come to this trade area. There will be some degree of redistribution of sales dollars, they also will be bringing in business that is not shopping in Elgin now. The other tenants that we're looking to put into this neighborhood center are not currently located in Elgin, such as a.catalog showroom, a home improvement center, which would generate new dollars which are currently going outside of the trade area. Were putting together a complex which will serve many of the needs that are not found currently today. Charles Burnidge stated that one of the discussions they had with City staff this week was how the developer could be compensated for the improvements of the roadway. One of the proposals was that the City could borrow money at a lower rate than is possible for Dr. Sullivan to borrow it. That reduced interest would reduce the cost to the City. If it were possible to provide funds up front in that manner it would be possible to discount the $1,700,000 that we have currently in the estimate. If money was provided up front, we VOLUE XLI.X 81 discussed with staff how those monies might be disbursed, the timing for those disbursements, the procedures to verify the cost and how the City would then be guaranteed that this center was going to take place. One of the methods of guaranteeing that the project take place would be, to reimburse the City if the center wasn't developed within a period of time and then the denominator based on how many square feet are in the center to enable this to be a fair continuation of the monies. We are very anxious to proceed because the Melvin Simon people want to build this center, to have the property annexed -and zoned, and to have the property ready for them. We need from the Council some direction as to the compensa- tion to the developer so we may prepare the language for the annexation agreement. The annexation agreement does address the issue of disconnection because if the center does not go then there would be no cost to the City but we would then want this land to be unencumbered by annexation and zoning because the center itself is designed to fulfill the needs of the Melvin Simon and the Venture people. At this time we are pushing very, very hard to start this center. We need some indication from the City to proceed. We have offered three preliminary designs to the City on the proposed entrance; one being Church Road, another being existing Airport Road and the third winding its way around a current structure. The cost estimate is $500,000 for all of those intersections. Charles Burndge then asked what will be accomplished at the next City Council.•meeting. Leo Nelson stated that the Council has just now received much of this informa- Lion and they have to have an opportunity to talk to one another. That's what is going to happen at the next meeting. Hopefully at the next meeting the Council will reach some decision as to the level of participation of the City. When the Council tells us what they're prepared to do, we can then begin to.put the agreement into final form. Councilman Hansen stated that he is very supportive of the project and the Council is looking for what is fair to the taxpayers and also what is fair to the developer. The principle of what we owe you as a City and when we can provide that to you in a timely fashion is what I hope we can arrive at at the next meeting. Councilman Waters made a motion, seconded by Councilman Shales, to close the public hearing on Petition 31 -83. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. CONSIDERATION OF PETITION 49 -83 BY THE PLANNING DEPARTMENT TO AMEND CHAPTER 19.44 OFF- STREET PARKING/OFF-STREET LOADING OF THE ELGIN MUNICI AL CODE Roger Dahlstrom stated that the Planning Department has assembled an amended text for the off - street parking chapter of the City zoning ordinance. The most significant changes between this document and the one we have in opera- tion at present is the reduction of perimeter curb requirements in general, the elimination of perimeter curb requirements within manufacturing districts, the elimination of curb island requirements, the reduction of perimeter land- scaping requirements and the establishment of interior parking lot landscaping requirements. Councilman Andersen asked what the parking lot requirements were for the Tyler Creek Plaza under the present ordinance and what would they be under the proposed ordinance. 82 VOLUME XLIX Jerry Deering stated that the proposal before the Council tonight is to eliminate specific curb island requirements and replace that with interior landscaping requirements. The concept would allow the developer to place the curb islands in a.flexible manner. There are some guidelines specified in the proposal that the interior landscaped areas do have curb around them, that they be used to break up the expanse of pavement, that they can be used at the ends of parking rows and along driveways. Mr. Dahlstrom stated that most of the complaints by developers has been regarding line -site vision for the facades of the buildings and snow removal. The ability to group the interior landscaping into larger sections and the elimination of some of the individual islands would cut down on the snow removal cost and the developing cost Councilman Hansen stated that he would like to see some ways that this would be applied to parking lots. Mr. Dahlstrom stated that he could bring.some drawings to the next Council meeting which would show what 5% or 10% of interior landscape looks like. Councilman Hansen asked what the changes were regarding the M -1 requirements? Mr. Dahlstrom stated that the proposal deletes all curb requirements in manu- facturing districts, but includes curb requirements on driveway approaches with more than 13 parking spaces. Councilman Hansen suggested a change in the ordinance regarding depressed curbs to state that reasonable depressed curbing will be permitted in parking lots for snow removal. Councilman Hansen asked why there was not a sidewalk along Big Timber Road. Mr. Dahlstrom.stated that the plans for the Tyler Creek Plaza do show a sidewalk along Big Timber Road. Councilman Waters asked for clarification regarding the requirements, for landscaping of the service areas or loading docks of industrial lots. Mr. Dahlstrom stated that this is not covered in the parking lot ordinance. Councilman Waters stated that he would like to see this issue addressed as many times a loading dock may be more objectionable than a parking lot. Councilman Andersen made.a motion, seconded by Councilman Waters, to table Petition 49 -83 until the next Council meeting. Jim Nazarowski, 1385 Century Oaks Drive, stated that he did not want the off - street parking ordinance changed as it relates to curb islands and land- scaping. After meeting with the City staff they came up with some compromise recommendations which are good, however there was an error that I would like read into the public record that they told us 5% would be the appropriate number for interior landscaping to roughly be equal to the present curb island ordinance, and what they really meant was 10 %. I ask that all the documents associated with the staff's recommendation be changed to reflect the 10 %. He continued by stating that Schaumburg has taken advantage of the demand for shopping and pointed out that Schaumburg has at least as strict, if not more strict, parking lot ordinances. Schaumburg,- with very tough zoning and very VOLUME XLIX 83 tough landscaping requirements and parking lot ordinances, has attracted all kinds of businesses without lowering its standards for the citizens of Schaumburg to accommodate the industrial and commercial developers, but instead they have a very tough ordinance. He suggested that there is no need for Elgin to lower its standards to attract commerce and industry. He asked for rigid enforcement of the City's existing ordinances. Phil Jensen, 1116 Forest Drive, presented some additional pages of petitions from people living in the Century Oaks area who are concerned with the quality of life in Elgin. In recent years there has been an improvement in the visual landscape in Elgin with the parking ordinance as it now exists which requires curb islands and perimeterlandscaping, such as the Taylor YMCA, the Jane Shover Easter Seal Society, the churches, a number of doctors offices. Our concern is that you would throw out any requirements for curb islands and landscaping which would lead us back to where we were before with places such as the Zayre shopping center, K -Mart and Jewel, which promotes cars darting in every direction compromising safety. We would put our support behind the concept of landscaped and well- guided traffic that the new ordinance would propose. Norm Klemm, 1225 Lennoxshire, stated that he was pleased with the proposed ordinance. He asked if sidewalks will be included on North McLean Boulevard. Mr. Dahlstrom stated that McLean Boulevard will have sidewalks to the northerly limit of the Tyler Creek Plaza project. Norm Klemm asked that the Council consider having sidewalks installed along North McLean Boulevard. Judy Nazarowski, 1385 Century Oaks Drive, requested that the Council keep in mind what Councilman Waters said regarding industrial parking areas adjacent to residential areas. A 100 foot buffer area is required, but there are no requirements for that buffer area to be landscaped. She asked that the storage areas be screened by the industries. Councilman Shales stated that she was pleased with what the Planning Department came up with by giving some flexibility to the parking lot ordinance without losing the desirable aspects of the old ordinance. Councilman Shales made a motion, seconded by Councilman Andersen, to table Petition 49 -83 to the Council meeting of April 9, 1984 and for discussion at the Committee of the Whole Meeting on March 26, 1984. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. ORDINANCE PASSED RECLASSIFYING PROPERTY AT 900 NORTH LIBERTY STREET FROM M -1 LIMITED MANUFACTURING DISTRICT TO B -4 GENERAL SERVICE DISTRICT Councilman Shales made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. 84 VOLUME XLIX _ Ordinance No. G8 -84 AN ORDINANCE RECLASSIFYING PROPERTY AT 900 NORTH LIBERTY STREET FRCM M -1 LIMITED MANUFACTURING DISTRICT TO 5--4 GENERAL SERVICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 900 North Liberty Street, Elgin, Illinois, from M -1 Limited Manufacturing District to 504, General Service District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its report and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020,. entitled "Zoning District Map'} of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the `Zoning District Map', as amended, be and are hereby altered by excluding from the M -1 Limited Manufacturing District and including in the B -4 General Service District, the follow - ing described property: Lots 16 and 17 .in Block 2 of Industrial Addition of 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/ Robert - Gilliam Robert -Gilliam}:._)oz`.� em Presented: March 12,- 1984 Passed March 12,.1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, . ty Actsng `Ci °Cl xk ORDINANCE PASSED AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR STORM WATER CONTROL PWOSES (OTTER CREEK) Councilman Andersen made a motion, seconded by Councilman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. VOLUME XLIX 85 Ordinance No. G9 -84 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR STORM WATER CONTROL PURPOSES (OTTER CREEK) WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to construct and maintain storm water control and detention areas over and upon certain property; and WHEREAS, in order to construct and maintain said storm water detention areas it is necessary to acquire certain properties hereinafter described; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the construction and maintenance of storm water control and detention areas is, 'thin the government.and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF- ELGIN, ILLINOIS: Section 1. That it_ -.is hereby determined that certain properties in the City of Elgin, Kane County, Illinois, hereinafter described, be acquired for the purpose of constructing and maintaining s -torm water control and detention areas-for the beh6fit of the public. Section 2. That it is hereby determined that it is. necessary and desirable that the City of E19in shall acquire title to and possession of the following described real property, which property is necessary required and needed for the purpose of constructing and maintaining storm water control and detention areas, lying wholly within the limits of the City of Elgin, to -wit: PARCEL 1 The East 50 feet of Lot 5 in Fox River Hills, Map 6, in the City of Elgin, Kane County, Illinois. PARCEL 2 Lot 73 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21' and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois.. PARCEL 3 Lot 72 in Block 1 of the Walter G. McIntosh Company's Fox Raver Gardens, being a subdivision of part of Sections 15; 16, 21 and 22'. Township 41 North, Range'8 East of the Third Principal Meridian,:in the City of Elgin, Kane County,.Illinois. .. VOLUME xLlx PARCEL 4 Lot 71 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41, Rare 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 5 Lot 70 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41. North, Range 8 East of the'Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL. 6 Lot 69 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, PARCEL 7 Lot 68 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens; being a subdivision of part of Sections 15, 16, 21 and 22,- Township 41 North, Range 8 East of the Third Principal Meridian., in the City of Elgin, Kane County, Illinois. PARCEL 8 Lot 67 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections 15, 16, 21 and "22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 9 Lot 66 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, beiiig'a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range a East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 10 Lot 65 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections l5, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 11 Lot 64 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, being a subdivision of part of Sections .15, .16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, in the Township of Elgin, Kane County, Illinois. VOLUME XLIX PARCEL 12 Lot 39 in Block 1 in the Walter G. McIntosh Company's Fox River Gardens, in the City of Elgin, Kane County, Illinois. PARCEL 13 Lot '38 in Block 1 in Walter G. McIntosh Company's Fox River Gardens, in the City of Elgin, Kane County, Illinois.. PARCEL 14 Lot 18 in Map No. 4 Fox River Hills, Elgin Township, in the City of Elgin, Kane County, Illinois. PARCEL 15 That part of Lot 1 in Block 5 of the Walter G. McIntosh Company's. Fox River Acres, described as follows: Beginning at the North East corner of said lot; thence. West along the North line of said lot, 177.52 feet; thence Southeasterly to a point on the East line of said lot which is 84.36 feet South of the North East corner of said lot; thence North along said East line, 84.36 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. PARCEL 16 The Southerly 100 feet of Lot 4 in Block 4 in the Walter G. McIntosh Company's Fox River Acres, being a subdivision of part of Sections 16 and 21, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 17 Lot 19 in Map No. 5 Fox River Hills, Elgin Township,. Kane County, Illinois, in the City of Elgin, Kane County, Illinois. PARCEL 18 The East 50 feet of Lot 7 in Fox River Hills, Map 6, in the City of Elgin, Kane County, Illinois. PARCEL 19 Lot 14 in Map No. 4, Fox River Hills, Elgin Township, in the City of Elgin, Kane County, Illinois. PARCEL 20 Lot 15 in Map No. 4, Fox River Hills, Elgin Township, in the City of Elgin, Kane County, Illinois. 87 M VOLUME XLIX PARCEL 21 Lot 16 in Map. No. 4, Fox River Hills, Elgin Township, in the City of Elgin, Kane County, Illinois. PARCEL 22 Lot 17 in Map Nom 4, Fox River Halls, Elgin Township,. in the City of Elgin, Kane County, Illinois. PARCEL 23 The Frasterly 50 feet of Lot 8 in Fox River Hills, Map 6, in the City'of Elgin, Kane County, Illinois. PARCEL 24 Lot 36 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, in the City of Elgin, Kane County, Illinois. PARCEL 2:5 Lot 37 in.Block 1 of the Walter G. McIntosh Company's Fox Raver Gardens, Township of Elgin, in the City of Elgin, Kane County, Illinois. PARCEL 26 Lot 40 in Block 1 of.the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, in the City of Elgin, Kane County, Illinois. PARCEL 27 Lot 41 in Block 1 of the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, in the City of Elgin, Kane County, Illinois. PARCEL 28 Lot 63 in Block fin the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, being a subdivision of part of Sections 1.5, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, according to plat thereof recorded June 19, 1930 in Book 26 of Plats, Page 32, as Document 336425, in the City of Elgin, Kane County, Illinois. PARCEL 29 Lot 62 in Block 1 in the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, according to plat thereof recorded June 19, 1930 in Book 26 of Plats, Page 32, as Document 336425, in the City of Elgin, Kane County, Illinois. VOLUME XLlx PARCEL 30 Lot 61 in Block 1 in the Walter G. McIntosh Company's Fox River Gardens, Township of Elgin, being a subdivision of part of Sections 15, 16, 21 and 22, Township 41 North, Range 8 East of the Third Principal Meridian, according to plat thereof recorded June 19, 1930 in Book 26 of Plats, Page 32, as Document 336425, in the City of Elgin, Kane County, Illinois PARCEL 31 The East 50 feet of Lot 6 in Fox Raver Halls, Map 6, in the City of Elgin, Kane County, Illinois. ., Section 3. That Leo Nelson, City Manager of the City of Elgin, be and is hereby authorized, empowered and directed to negotiate for and on behalf of the City of Elgin with the owner or owners of the above described real properties for the purchase of the real property described by the City of Elgin. Section 4. That the City Manager be and is hereby authorized to offer the following suns as and for compensation to the owner or owners of the above - described property; said offer shall be in writing: Parcel as Described.Above Authorized Sun Parcel 1 $ 900.00 Parcels 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 as a group $191000.00 Parcels 12, 13 and 14 as a group $12,000.00 Parcel 15 $ 1,873.00 Parcel 16 $15,000.00 Parcel 17 $11,880.00 Parcel 18 $ 1,0.00.00 Parcel 19 $ 9,300.00 Parcel 20 $ 9,300.00 Parcel 21 $ 8,370.00 Parcel 22 $ 4,650.00 Parcel 23 $ 1,000.00 Parcel 24 .$ 2,287.00 Parcel 25 $ 2,287.00 Parcel 26 $ 2,287.00 Parcel 27 $ 2,287.00 Parcel 28 $ 1,143.00 Parcel 29 $ 1,143.00 Parcel 30 $ 1,829.00 Parcel 31 $ 1,000.00 Section 5. In the event that the City Manager is unable to agree with the owner or owners of said property as to compensation to be paid therefor, in accordance with the provisions of this ordinance, then title to and possession of said property shall be acquired by the City of Elgin in accordance with the laws of eminent domain of the State of Illinois, and the .e VOLUME XLIX Corporation Counsel is hereby authorized, empowered and directed to institute appropriate proceedings in any court of competent jurisdiction to acquire title to and possession of said property for the City of Elgin in accordance with the eminent domain laws of the State of Illinois. s/ Robert Gilliam o ert illiam, Mayor Pro Tem Presented: March 12, 1984 Passed: March 12, 1984 Vote: Yeas 5 Nays: 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk ORDINANCE PASSED PROVIDING FOR MEMBERSHIP ON THE GREATER DOWNTOWN ELGIN COMMISSION Councilman Waters made a motion, seconded by Councilman . Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. VOLUME XLIX Ordinance No. G10-84 AN ORDINANCE PROVIDING. FOR MEMBERSHIP ON THE GREATER DOWNTOWN ELGIN COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.28.020 of the Elgin Municipal Code, 1976, as amended, is hereby further amended -to read as follows: "3.28.020 Members -- Appointment. The commission shall consist of twelve members to be appointed by the city council. One commissioner shall be owner or repre- sentative of an owner of real property in the central business district, but not within Special Service Area Number 1; one commis- sioner shall be an owner or representative of an owner of real property in the central business district; two commissioners shall be businessmen or merchants doing business in Special Service Area Number 1; one rommissioner shall be a consumers' representative chosen at large from the city; one commissioner shall be a.;repre= sentative of the Elgin Area Chamber of Commerce; one commissioner shall be a representative of the Elgin Community College; one commissioner shall be a representative of the In- Downtown Elgin Association; and the following persons shall be ex officio members of the commission; a member of the city council, the city engineer, the director of public property and recreation, and the executive vice- president cf the Elgin Area Chamber of Commerce." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. sJ; Robert Gram - _* t Gilliam;' Mayor Pro Tem Presented: March 12, 1984 Passed March 12, 1984 Vote. Yeas 6 Nays 0 Recorded: Published: Attest: S/ Natrty�'ffa R, Nancy Roll, Acting City -Clerk RESOLUTION ADOPTED APPOINTING ERIC LARSON AS A MUSER OF TER DOWNTOWN ELGIN MT=ON 91 Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor. Pro Tem Gilliam. Nays: None. 92 VOLUME XL IX RESOLUTION APPOINTING ERIC LARSON AS A MEMBER OF THE GREATER DOWNTOWN ELGIN CQMISS ION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Eric Larson be and'is hereby appointed as a member of the Greater Downtown Elgin Commission for a term to expire May 1, 1985. Presented: March 12, 1984 Adopted: March 12, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk s/ Robert Gilliam Robert Gilliam,, Mayor Pro Tem THE Councilman Shales made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. VOLUME XLIX 93 RESOLUTION DESIGNATING THE PLANNING COMMITTEE AS THE COMM[TNITY DEVELOPMENT 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 Coma ttee will conduct hearings and ;sake recommendations for the program- ming of Housing and Community Development Block Grant funds for fiscal year 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Elgin. Planning Committee be and i5 hereby designated as the Community Development Hearing Committee for the purpose of conducting hearings and making recommendations for the distribution of Community Development Block.Grant Funds for 1984. s/ Robert Gilliam a x 1; , T w 0577 ' Tem Presented: March 12, 1984 Adopted: March 12, 1984 Vote. Yeas 6 Nays 0 Recorded: Attest: s/ Nanc Rolf Nancy Rahl,, Acting Get. Cltrk . RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH SEAGREN SHALES, INC. OR WEST SIDE PLANT IMPROVEMENTS Councilman Waters made a motion, seconded by Councilman Schmidt, to adopt'the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Waters and Mayor Pro Tem Gilliam.: Nays: None. Abstain: Councilman Shales. 94 VOLUME XLTX RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH SEAGREN /SHALES, INC. FOR WEST SIDE PLANT IMPROVEV.[E,NTS 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 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/ Robert Gilliam Robert Gilliam, Mayor Pro Tom Presented: March 12, 1984 Adopted: March 12, 1984 Vote: Yeas 5 Nays 0 Abstain: l Recorded: Attest: s/ Nance Roll Nancy Rn11- - Act -izW,- Gaty Clerk T RESOLUTION ADOPTED AUTHORIZING AN AGREEME'N'T' FOR ENGINEERING SERVICES WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PHASE II OF WING STREET IMPROVII4ENTS Councilman Schmidt made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Councilman Schmidt asked if.the plans for Phase II will be brought to the Council. Gary Miller stated that the plans will be brought to the next City Council meeting. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. VOLUME XLIX 95 RESOLUTION AUTHORIZING AN AGREEMENT FOR ENGINEERING SERVICES WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PHASE II OF WING STREET IMPROVEMENTS 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 Weston Avenue to Route 31. 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 engineer- ing services with Hampton, Lenzini and Renwick, Inc. for Phase II of Wing Street improvements, a full and complete copy of which is attached hereto and made a part hereof by reference. s / .Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: March 12, 1984 Adopted: March 12, 1984 Vote: Yeas b Nays: 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk RESOLUTION ADOPTED ACCEPTING REVIEW APPRAISAL OF PROPERTY LOCATED AT 107 - 109 CHAPEL STREET Councilman Waters made a motion, seconded by Councilman Shales, to adopt the aforementioned resolution. Councilman Hansen questioned why the City was purchasing this property. Pat Andrews stated that this particular property has been identified as problem property by the Neighborhood Housing Services. The Department of Conservation has approved it because it is within the historic district. Councilman Hansen asked why the City doesn't condemn the property and have it torn down at the owner's expense. Roger Dahlstrom stated if condemnation proceedings are initiated, the owner will.generally make enough improvements to satisfy the court, then the house will lapse into disrepair again. This house is in a very high density area and demolition will open up the block and encourage the owners of the adjacent houses to improve their properties. Upon demolition the property will be put out for bid. Yeas: Councilmen Andersen, Hanson, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. 96 VOLUME XLlx RESOLUTION ACCEPTING REVIEW APPRAISAL OF PROPERTY LOCATED AT 107 - 109 CHAPEL STREET WHEREAS, the City of Elgin on May 9, 1983, made an official deter- mination to acquire certain propertyaith`in the City of Elgin pursuant to Housing and-Community Development Grant Number B- 83-•MC -17- 0011; and WHEREAS, the City of Elgin has" caused the subject property to be appro `by; Tames Coleman; and i'James Coleman has submitted his written appraisal of the s'ubj ect prc rty; and .. WHEREAS, said appraisal indicates that the fair market value of the property is $32,500; and WHEREAS, said appraisal has been reviewed by city staff; and WHERS, said review appraisal has established just compensation and fair mark value of the property as $31,500; and WHEREAS, it is in the best interest of the City of Elgin to acquire said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGINO �,LLINOIS, that it hereby resolves that $3.1,500 is just compensation and fair market value of the property described below. BE IT FURTHER RESOLVED that Durwood R. Cain, Jr. is the owner of said property which is located at 107- 10.9 Chapel Street and legally described as follows: That part of Lot 6 in James T. Gifford's Addition to Elgin described as follows: Commencing at the Southwest corner of Lot 6; thence North 40 feet more or less, thence East 90 degrees a distance of 78 feet more or less; thence South 90 degrees a distance of 40 feet more or lass; thence West 78 feet more or less to the place of beginning located in the Southwest quarter of Sec- tion 13, Township 41 North, Range 8 East, Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City of Elgin proceed to acquire the fee simple title to the aforesaid property. BE IT FURTHER RESOLVED that the appraisal of the subject property has been performed in a competent manner in accordance with applicable state law, Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the policies and requirements of the Department of Housing and Urban Development. sl Robert Gilliam Robert Gilliam, Mayor Pro Tem VOLUME XLIX Presented: March 12, 1984 Adopted: March 12, 1984 Vote:: Yeas 5 Nays: 0 Recorded: Attest: s/ Nancy. Roll Nancy Roll, Acting City Clerk RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR THE NO Councilman Waters made a motion, seconded by Councilman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tom Gilliam. Nays: None. O VOLUME XLIX RESOLUTION ALTMORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY (107- 109 Chapel Street) WHEREAS, the City of Elgin desires to acquire certain property for public purposes located within the Township of Elgin, Kane County, Illinois; and WHEREAS, the owners of said property and the agents of the City of Elgin have reached an agreement for the sale of said property to the City of Elgin; and WHEREAS, the acquisition of said property is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract for certain property legally described as follows: That part of Lot 6 in James T. Gifford`s Addition to Elgin described as follows: Coimnencing.at the Southwest corner of Lot 6; thence North 40 feet more or less, thence East 90,degrees a distance of 78 feet more or less; thence South 90 degrees a distance of 4.0 feet more or less;. thence West 78 feet more or less to the place of beginning located in the Southwest quarter of Sec- tion 13, Township 41 North, Range 8 East, Elgin, Kane County, Illinois. in accordance with the terms and conditions of a'proposed Real Estate Sales Contract, a copy of which is attached hereto and made a part hereof by reference, for a purchase price of $31,500. s/ Robert Gilliam Robert iMam,.,Mayor Pro Tem Presented: March 12, 1984 Adopted: March 12, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk RESOLUTION ADOPTED AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF SOIL AND MATERIAL CONSULTANTS, INC. Councilman Waters made a motion, seconded by Council Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tam Gilliam. Nays: None. VOLUME XLIX RESOLUTION AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF SOIL AND MATERIAL CONSULTANTS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, TLLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to accept the proposal of Soil- and Material Consultants, Inc. to provide a subsurface soil condition analysis for the proposed access road to the Elgin Softball Complex, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Robert fj'T, ialf, .. ayor 7L o Presented: March 12, 1984 Adopted: March 12, 1984 . Vote: Yeas b Nays 0 Recorded:. Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk t SUPPLEMENTAL RESOLUTION FOR MAINTENANCE OF _STREETS AND HIGHW S 13-Y MUNICIPALITY, UND THE ILLINOIS HIGHWAY CODE Councilman Hansen made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION ADOPTED AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY Councilman Hansen made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Councilman Hansen asked to be informed at its next meeting of how much the City paid for this property originally. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem. Gilliam. Nays: None. 100 VOLUME XLIX RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY WHEREAS, the City of Elgin, a municipal corporation, is the owner of the following described real property: That part of the South West Quarter of fractional Section 2 Township 41 North, Range 8 East of the Third Principal Meridian, . described as follows; Commencing at the South East corner of Century Oaks, being a subdivision of part of fractional Sec- tions 2 and 3, Township and Range aforesaid, said corner being also a point on the South line of the South West Quarter of said fractional Section 2; thence Northerly, along the Easterly line of said Century Oaks, 328°38 feet for the point of beginning; thence continuing Northerly, along said Easterly line of Century Oaks, 273.92 feet to the South West corner of Morningside Estates, being a subdivision of part of the South. West Quarter of said fractional Section 2; thence Northeasterly, along the Southerly line of Morningside Estates, 661.16 feet to the South East corner thereof; thence Southerly; along the Easterly line of Morningside Estates., extended Southerly 313.87 feet; thence Westerly, parallel with the South line of the South West Quarter of fractional Sec- tion 2, as aforesaid, 202.0 feet; thence Southerly, parallel with the Easterly line :, extended Southerly, of said Morningside Estates, 162.67 feet; thence Westerly, along a line which forms- an angle of 091 degrees, 44 minutes, 16 seconds to the right with the prolonga- tion of the last described course, 434.49 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. which property is generally located on the east side of Morningside Drive and north of Fire Station No.. 2 consisting of 4.721 acres, Elgin, Kane -. County, Illinois; and WHEREAS, the City Council hereby determines that it is no longer . necessary, appropriate or in the best interest of the City of Elgin that it retain title to said real estate and that said real estate is not required for the use of or profitable to the City of Elgin; and WHEREAS, Section 11 -76 -2 of the Illinois Municipal Code authorizes the corporate authorities of a city to sell. real property which is no longer necessary or useful to the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Clerk be and is hereby authorized and directed to cause a notice of the proposed sale of the above described property to be published in the Daily Courier -News for three'(3) consecu- tive weeks. Said notice shall be in substantially the following form: NOTICE OF SALH OF PROPERTY OWNED BY THE CITY OF ELGIN AND INVITATION TO BID THEREOF Please take notice that the City Council of the City of Elgin will receive sealed bids for the purchase, under the successful bid, of the fee simply interest in the following described real property; VOLUME XLIX That part of the South West Quarter of fractional Sec - tion 2, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the South East corner of Century Oaks, being a subdivision of part of frac- tional Sections 2 and 3, Township and Range aforesaid, said corner being.also a point on the South line of the South West Quarter of said fractional Section 2; thence Northerly, along the Easterly line of said Century Oaks, 328.38 feet for the point of beginning; thence continuing Northerly, along said Easterly line of Century Oaks, 273.92 feet to the South West corner of Morningside Estates, being a subdivision of part of the South West Quarter of said fractional Section 2; thence Northeasterly, along the Southerly line of Morningside Estates, 661.16 feet to the South East corner thereof; thence Southerly, along the Easterly line of Morningside Estates, extended Southerly 313.87 feet; thence Westerly, parallel with the South line of the South West Quarter of fractional Section 2, as aforesaid, 202.0 feet; thence Southerly, parallel with the Easterly line, extended Southerly, of said Morningside Estates, 162.67 feet; thence Westerly, along a line which forms an angle of 091 degrees, 44 minutes 16 seconds to the right with the prolongation of the last described course, 434.49 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. 101 which property is generally located on the east side of Morningside Drive and north of Fire Station No. 2 consisting of 4.721 acres, Elgin., Kane County, Illinois. Bids for the purchase of the aforesaid interest in the above described property are hereby invited and will be received by the City Clerk at the Municipal Building, 150 Dexter Court, Elgin, Illinois 60120 between the hours of 8 :00 a.m. and 5. :00 p.m. until 5:00 p.m. on the date specified below for the opening of bids. Bids may be submitted on the entire above described property. Said proposal shall be addressed to: City Council, City of Elgin c/o City Clerk 150 Dexter Court Elgin, IL 60120 -5555 and shall bear the legend 'PROPOSAL- -SALE OF 4.721 ACRES EAST OF MORNINGSIDE DRIVE AND NORTH OF FIRE STATION NO. 2' and the name and address of the bidder. All bids received will be publicly opened and read aloud at the regular meeting of the City Council of the City of Elgin at 8:00 p.m. on April 23, 1984. No bid less than $55,000 for the entire parcel shall be accepted. A contract may be awarded to the highest bidder whose bid is found to be in the best interest of the City of Elgin. The City Council reserves the right to reject any and all bids and to waive any informalities or irregularities in the bidding. The City Council further reserves the right to review and study any and all bids and to make a contract awarded within thirty (30) days after the bids have been opened and publicly read. 102 VOLUME XLIX Copies of the bidding document may be obtained at the office of the City Clerk. s/ Marie Yearman Marie earman, City Clerk" s/ Robert Gilliam Robert Gilli , Mayor Pro Tem Presented: March 12, 1984 Adopted: March 12, 1984 Vote: Yeas 6 Nays: u" Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk RESOLUTION ADOPTED SUPPORTING THE RETENTION OF INDUSTRIAL DEVEL-OTENT REVENUE BONDS AS A MEANS FOR ECONOMIC DEVELOPMENT — Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. VOLUME XLIX RESOLUTION SUPPORTING THE RETENTION OF INDUSTRIAL DEVELOPMENT REVENUE BONDS AS A MEANS FOR ECONOMIC DEVELOPMENT WHEREAS, the City of Elgin has greatly benefitted from the issuance of Industrial Development Revenue Bonds in that numerous jobs have been created in the City and.many projects which would not otherwise have been undertaken but for such bonds have succeeded; and WHEREAS, the City of Elgin has been able to promote the industrial and commercial development of the City by making these bonds available to business and industry; and 103 W1HEREAS, the issuance of said bonds has been without cost to the residents of Elgin as the obligation for payment of said bonds rests solely with the applicants; and WHEREAS, the City of Elgin is aware of the various legislative proposals which seek to restrict and ultimately eliminate Industrial Development Revenue Bonds as a means of financing industrial and commercial growth; and WHEREAS, the elimination or restriction of the issuance of said bonds will have a severe negative effect on the industrial and commercial develop- ment within the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that federal and state legislative representatives be urged to vote in favor of the retention of Industrial Development Revenue Bonds and that they be urged to vote against quotas, limits or other restrictions in the issuance of said bands. s/ Robert Gilliam o ert lliam, Mayox Pro Tem Presented: March 12, 1984 Adopted: March 12, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy. ,Ro'll. Nancy TWJ., Acting City C1erk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Speer Financial, Inc. $2,500.00 Industrial Revenue Bonds for the Grayline Housewares Project Illinois Radio Equipment $1,800.00 Leasing of radios for RTA buses General Motors $3,967.98 Miscellaneous parts for RTA buses Councilman Waters made a motion, seconded by Councilman Hansen, to approve the aforementioned payments. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tern Gilliam. Nays: None. 104 VOLUME XLIX REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Reports for February, 1984 Parking Lot Revenues 1/1/83 through 12/31/83 Parking Lot Revenues 1/1/84 through 1/31/84 Building Permit Report for February, 1984 Transportation Operations Report for December, 1983 Transportation Operations Report for January, :1984 City Traffic Committee Minutes for February 16, 1984 Greater Downtown Elgin Commission Minutes for February 6, 1984 Councilman Andersen made a motion, seconded by Councilman Waters, to place the aforementioned reports on file. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. RECOGNIZE PERSONS PRESENT Phil Jensen'from Century Oaks presented a petition to the City Council requesting that sidewalks be installed on North McLean Boulevard from the north boundary of the Tyler Creek Plaza shopping center to Davis Road using funds from the capital improvement budget or available federal funds. Councilman Hansen stated that he agreed with the concerns of the residents who walk along North McLean Boulevard. ANNOUNCEMENTS Mayor Pro Tem Gilliam made announcements relative to forthcoming meetings. Councilman_ Waters made a motion, seconded by Councilman Shales, to adjourn the Council Meeting to return to the °Committee of the Whole Meeting. Yeas: Council- men Andersen, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. The meeting was adjourned at 10:40 p.m. Nan R , Acting City Clerk VOLUME XLIX March 21, 1984 105 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCiL- MANAGER FORM OF GOVERNMENT SPECIAL MEETING A special meeting of the Council of the City of Elgin, Illinois, was held on March 21, 19842 at 7.15 p.m., in the Council Conference Room of City Hall. The meeting was called to order by Councilman Gilliam. APPOINTMENT OF MAYOR PRO TEM Councilman Andersen made a_,- motion, seconded by Councilwoman Shales, to appoint Councilman Gilliam as Mayor Pro Tem. Yeas: Councilmen Councilmen Andersen, Gilliam, Hansen, Shales and Waters. Nays: None. ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Shales, Waters and Mayor Pro Tem Gilliam. Absent: Councilman Schmidt and.-Mayor Verbic. .A] -,so present: City Mana.ger'%Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman and members of staff. FURTHER DISCUSSION OF -PETI T'I ON 31-83 REQUESTING AN] NIP )CA T I nki Re C� rr -rr. uric rurcc °ni c.To t r r A Kin The Council reviewed information prepared by the Planning Department which refined the Development Incentive Policy as it may apply generally to commercial development and specifically to the referenced development. This form of commercial incentive can be applied in an extremely f4exible manner due to its simpli- city of application. A fixed public subsidy factor of virtually any amount can be provided based upon square footage of occupied commercial space. The Development incentive Policy must be established with some basic guidelines so that it may be applied in a uniform fashion. The Development Incentive Policy could be established only in association with annexation of new areas. This approach would serve to minimize public costs for the development of commercial areas already within the city by virtue of existing annexation agreements. However, the inducement for newly annexed commercial areas could adversely affect any commercial redefelopment efforts. A minimum size threshold can be attached to the Development Incentive Policy. This would encourage larger more consolidated commercial areas which are more desirable from both a fiscal and planning perspective. Since neighborhood commercial centers will 106 VOLUME XLIX appear at certain spatial intervals in response to market demands, area centers (250,000 square feet and above) might represent a logical threshold. Since the rationale for developing a Development incentive Policy is based upon the generation of sales tax revenues, restrictions on its use could apply to multiple point businesses. This means that in order for commercial footage to be applied toward participation in Development Incentive Policy benefits the subject enterprise much collect a.nd report its sales tax at the point of origin. The Development Incentive Policy could be applied only to the Elgin O'Hare Business Center site, or could become an ongoing policy. The former would be difficult to defend. Generally forms of development incentives are reserved for areas with marginal development potential. Since the Elgin O'Hare Business Center must be regarded.as one of the prime development sites in the Elgin area, it is doubtful that a qualitative or quantitive justification could be formed for providing an incentive to this site alone. The Council was also provided with a set of. figures produced by the Finance Department regarding possible sales tax revenue for the Elgin O'Hare Business Center site. This chart illustrates a hypothetical set of circumstances based on sales volumes of $150.00 per square foot for the Venture store. and $100.00 per square foot for the remaining 250,000 square feet of commercial 'l space. This is somewhat below the estimates contained in the Elgin O'Hare Business Center Fiscal Impact Analysis, but perhaps in excess of many other types of 'Commercial uses. Leo Nelson stated that he, Mel Dahl and-Gary-Miller had met with IDOT and they have - indicated there would be a need for additional right-of-way. They do not know what this will amount to and they will notknow this until the developer furnished them with a complete analysis, and then it would take IDOT about two weeks to make any decision. Me:1 Dahl advised the Council that IDOT was not pleased with an intersection design.thaa.aligned the development entrance to Church Road, bringingg the - intersection further south and closer to the Northwest To] way exit. This design would cause a major revision of the entrance to Elgin Oaks and the Churches in that area, and would require that the main throughfare be a one -way street around the complex. Mayor I'r:o:Tem l l ` ; i am stated that perhaps the E l g i n Oaks people should be brought in and advised as to the proposed traffic development plans. Councilman Hansen stated that he was concerned that the State will not participate in the acquisition of the right -of -way Route 31 1 needs improvement, but now they are saying that they will not help with the extension of Route 31. Mel Dahl stated that without this development IDOT would need to purchase the right of way in order to improve Route 31 to four lanes. VOLUME XLIX 107 Mr. Nelson stated that perhaps after the developer has furnished IODT with the final anaylsis we could have the IDOT people meet with the Council to explain their position. Gary.M.iller called to Council's attention to the fact that the present annexation agreement provides for four detention areas and there is no central detention area for storm water, each lot owner will be required to provide his own detention as the project developes which would mean more inspection and review work for the city and less cost to the developer. Dr:Ben Huey-stated he was concerned with the subsidy being tendered by the City for this project and that the City should only be burdened with off - site. ;improvement costs. Dr. Huey also stated the city should receive 34% of the tax revenue for 10 years instead of 75% for 20 years. Councilman Waters made a motion, seconded by Councilwoman Shales, to recess the Committee of the Whole Meeting to go into Executive Session to discuss land acquisition. Yeas; Councilmen Andersen, Hansen, Shales, Waters and.Mayor Pro Tem Gilliam. Nays: None. The Committee of the Whole Meeting reconvened at 10:05 p.m. Councilman Andersen asked if the individual was present tonight who could give a yes or no answer to any offer initiated by the Council. Charles Burnidge stated that Dr. Sullivan was present and a decision could be arrived at. Councilman Andersen made a motion, seconded by Councilman Waters, that the City give the developer the following: Standard participation in the intersection improvement or 75% of the cost thereof. $ 375,000 Development Incentive money. Frontage road extension. 700,000. 40 , 000 $1,115,000 Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. Dr. Sullivan stated that several investors owned the property, but they were not backed by any big money. He said that during the past several years the owners have put several million dollars into the property in taxes, engineering costs, legal fees and debt services. Dr. Sullivan and Charles Burnidge indicated that they could not proceed with the project unless the City would provide the $1.5 million. VOLUME XLIX Charles Burnidge stated that a clause be left in the agreement that would allow the development to be de- annexed if the commercial portion of it fell through. Mayor Pro Tem Gilliam stated that he did not feel that anything further could be accomplished tonight and he suggested that two members of the Council meet with city staff and the developers to continue negotiations. Councilman Hansen stated that the developers had engaged in free enterprise and that they knew there were risks involved. The developer had to recognize that this was a private enterprise that the taxpayers were being asked subsidizes Councilman Hansen further stated that as a steward of the taxpayers he felt, it would be difficult for him to explain why taxpayers were being asked to absorb a developer's costs because of an unfavorable real estate market. Councilman Hansen made a motion, seconded by Councilman Andersen, to have two members of the Council meet with the staff and the developers to further negotiate this project. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Pro Tem Gilliam. Nays: None. Mayor Pro Tem Gilliam asked Councilmen Hansen and Waters if they would represent the Council at said meeting to be held on Friday, March 23, 1984, at 9:00 a.m. Councilman Hansen and Waters indicated they would represent the Council, and the developers indicated their availability to attend said meeting.. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Waters, to adjourn the Council Meeting. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Pro Tem Gilliam. The meeting was adjourned at 11 :25 p.m. ,Marie Yearma , City C er VOLUME XLIX March 26, 1984 109 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 26, 1984 at 8:20 p.m., in the Council Chambers of City Hall. The meeting was called to order by Councilman Schmidt. The Invocation was given by Reverend Arlene Christopherson of the Faith United Methodist Church and the Pledge of Allegiance was led by Councilwoman Shales. APPOINTMENT OF MAYOR PRO TEM Councilman Gilliam made a motion, seconded by Councilman Andersen, to appoint Erwin Schmidt as Mayor Pro Tem. Yeas- Councilmen Andersen, Gilliam, Hansen, Schrni.dt, Shales and Waters. Nays- None. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Absent: Mayor Verbic. Also present: City Manager Leo Nelson,:Corporation Counsel Erwin Jentsch, City Clerk_Marie Year°man and members of staff. MINUTES OF THE MARCH 12, 1984 COUNCIL MEET "1'NG APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilman Gilliam, to approve the March 12, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and.Mayor Pro Tem Schmidt. Nays: None. BID AWARDED FOR BITUMINOUS PATCHING MIXTURES Councilwoman Shales made a motion, seconded by Councilman Gilliam, to award the bid for bituminous patching mixtures to the low bidder, Giertz Melahn Asphalt Company, for a total bid price of $37,087.00. Yeas:. Councilmen Andersen, Gilliam, Hansen, S1,a,1es: Waters and Mayor Pro Tem Schmidt. Nayse None. BID AWARDED FOR REPAIRS TO DEEP WELLS Councilman Gilliam made a motion, seconded by Councilman Hansen, to award the bid for repairs to deep wells to the low bidder, Layne- Western Company, for a total bid price of $30,951.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and.Mayor Pro Tem Schmidt. Nays: None. 111r el BID AWARDED FOR ENVELOPES XLIX Councilman Hansen made a motion, seconded by Councilman Andersen, to award the bid for envelopes to the low bidder, Illinois Envelope Inc., for a total bid price of $1,642.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. PETITION 2 -84 REQUESTING A REZONING FROM R-3 TWO FAMILY RESIDENCE DISTRICT AND R-4 GENERAL RESIDENCE DISTRICT TO B-17 GENERAL SERVICE DISTRICT, PROPERTY LOCATED AT 1325 E. CHICAGO ST. - APPROVED Roger Dahlstrom, Planning Director: The Petitioner proposes to use the subject property.for the expansion of the Biggers Chevrolet Dealership. The property is approximately 5.8 acres and is presently undeveloped. Poplar Creek traverses through the south- west corner of the property. At its regular meeting of February 20, 1984, the Land Use Committee recommended the approval of the proposed rezoning by a vote of 6 yes and 0 no. Attorney William Ketcham: The area involved is 5.8 acres, approximately all would front on Route 19 and would adjoin the existing Biggers Chevrolet property. There would be no new access driveways or roads involved onto this rezoned portion, it would all come in from the existki)g Biggers Chevrolet property. By just using this portion, the 5.8 acres, for the rezoning it is in keeping with the overall comprehensive plans of the City for a mixed industrial and commercial area. Also the concerns of the residents of the Parkwood 11 development have been satisfied. In fact at the Land Use Committee meeting those people who were originally very much concerned about it did get up and after the the petition was modified just to involve the acreage on Route 19 and not that that runs back towards Parkwood, indicated that they did not have objections, there would be a natural buffer zone and that would remain the residential as it now exists. We have modified the original petition to bring ourselves within the spirit of the comprehensive plan of the City and to alleviate the concerns of the people in Parkwood, and I think the petition as now presented would be beneficial to all concerned, and I think that was the feeling of the staff and the Land Use Committee. Councilwoman Shales made a motion, seconded by Councilman Hansen, to approve Petition 2 -84. Yeas; Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. VOLUME XLIX PETITION 4 -84 REQUESTING AN AMENDMENT TO CHAPTER 19.28-030 OF THE MUNICIPAL T SPEC ESS M11 Roger Dahlstrom: Presently Community f=acilities are provided for as a. special use only in residence districts. This petition requests an ordinance text amendment that will effect all business districts and is not necessarily associated with any specific property. At its regular meeting of February 15, 1984,. the Planning Committee recommended the approval of the proposed text amendment by a vote of 6 yes and 0 no, Councilman Waters: After having read this I am convinced that this is in the best interest of the City and I would move that this Petition be approved. Councilman Andersen; 1 will second that Mr. Mayor. Councilwoman Shales: Are you a. resident of Elgin. Ray Christensen: No. Councilwoman Shales Where do you live. Ray Christensen: I am living in Downers Grove right now. Councilwoman Shales: What is your interest in th -ts : Petition. Ray Christensen: I am in the process of opening up a community service facility that will be dealing with some of the under- privileged families in this -area and as a result of this I will be moving to the area and establishing a business located within the community and work with those who are in need in many different areas, dealing with drug cases, alcohol, some emotional problems, and some housing, and clothing problems. Councilwoman Shales: So you are interested in having s residence type facility. Ray Christensen: Yes. Councilwoman Shales: The definition of a community service facility, what does a community service facility mean, that definition was not very clear to me. 112 VOLUME X LIX Roger Dahlstrom: There-are a number of uses that would qualify as community service facilities. Examples would include Fox Valley Mental Health, Community Crisis Center. Again there is a variety of uses all within that general format of social service, community service, presently they are allowed as special uses.&n'ly in residential districts. In the past we have had inquiries from various community service facility providers about locations that were in business c.65si- fica Lions. Particularly some community service facilities are considered somewhat sensitive in certain neighborhoods, conse- quently we as the staff have been asked if there are locations which we would d cons i der less seas . "' -4 had � 4ide aisu we have sidd �i.igge5teu to us some use of the areas along Dundee Avenue might be used for these types of facilities. Councilman Hansen. I -can see where this kind of facility could possibly be as harmful or more harmful "in a business district " than in a residential district. For instance if you had a facility that housed people in a living setting in certain business districts that situation, or a small neighborhood strip shopping center, where it would impinge detrimentally to businesses that were already there. It could be a fire hazard, a security risk, etc., and I guess I could have as big a problem in a business district or bigger in a residential district. don't know if there is a specific piece of property that this gentleman is looking at, but a certain kind of business neighborhood' area, call it what you may, maybe could not handle something like this. Roger Dahlstrom: I think these are some of the same concerns that we heard voiced about allowing day care centers in business and industrial classifications, and indeed it is a synthesis situation. The special use designation is to protect the City, through the City Council, from that sort of a situation. You will evaluate again any of these uses at any location, or any circumstances because they are all special uses, but certainly there are situations where they would not be appropriate. Councilman Hansen: Except that the day care centers are a very specific narrow definition of an activity or enterprise. This is a very broad definition. In other words we know that day care centers traditionally operate during business hours and they house children.. Those are very specific conditions and I have no problem with allowing those into a business district, but a very broad range use such as this I have a problem with. Roger Dahlstrom: I would like to remind you of two things. We have gotten some comments from some neighborhood groups and they feel this sort of thing might be a good idea because it would take some of the direction of community service facilities out of the neigbb rhoods and put them into other zoning classifications....__.) VOLUME XLIX 113 Additionally, I think it is important to remember that this particular petition is not associated with any piece of property, it is strictly conceptual. Councilman Gilliam: Would the Douglas Hotel fit under this type of service. Ray Christensen: We right now have been looking at about four different locations. Roger Dahlstrom: It is located in a B -2 classification, but yes it would be covered by this. As a business classification it would fall under this text amendment and it would be eligible for use for community service facility as a special use. We are talking about all business classifications here. Its a bit misleading because when it says B -1 it really means all business classifications, because the special use list starts with B -1 and in B -2 it says all those included in B -1 plus a few others and it moves cumulatively un -til it gets to B -4. . Councilman Hansen: Councilman Gilliam's question raises a question in my mind. These would be permitted in the downtown area as a special use. Roger Dahlstrom: The downtown is the only area in the City that is zoned B- 2,.but under this amendment it would be covered because it is a business classification. Councilman Andersen: The Council would still have a handle on any one of these because every case would have to come here for approval and if in you opinion at that time it did not fit we would have the option to change it. Councilman Waters: The definition that is provided for community service facilities is the current definition under residential. Roger Dahlstrom: Yes. Councilman Waters: So what we are really doing, independent of the source of the request, what we are doing is permitting the some kind of special use petition in a business classification as is now permitted in a residential classification, if this were approved. Roger Dahlstrom: That is correct. Councilman Waters: To do this would perhaps provide some flexibility in our community that we don't currently have and I would concur with Councilman Andersen that as a special use petition the Council has the ultimate decision as to whether or not to approve it on a one by one basis, and I think that regardless of what concerns we may have for specific projects that may have initiated this request, I think it does provide us some flexibility in districts that may be more 114 desirable than residential. VOLUME XLIX Councilwoman Shales: I am going to vote against this for the reasons that I think the definition of community service facility is too opened ended, too non- specific, I think that some of the uses that we could conceive of are not appropriate in either the B -1 or B -2 business districts. I do not care to add at this time to the list of special uses that we must consider here. Councilman Hansen: I share some of Councilwoman Shales' concerns. I can remember this Council when th-e Douglas Hotel was brought pup and frankly was taking a lot of heat to get rid of a community service operation there. Now we are saying that we can put this heat right back on. I would like to get the flexibility that Councilman Waters' puts in here, but neighborhoods can respond very quickly and emotionally and in numbers, the business community often can't respond that way. First of all, if you are going to consider this in the midst of a business district there might be only two or three neighboring enterprises that might even show up to object. Some of them might not want to object because of public perception, disposure, or whatever, and we are putting a lot of burden on our business district. I agree that the special use is a vehicle to individually consider these, but I am uncomfortable with the broad paint brush that this has been painted with so I am going to vote against it too. Councilman Gilliam: I can appreciate where Councilmen Hansen and Waters are coming from, but on the other hand I think it would relieve a little pressure because right now the only place that a center can go is in the neighborhoods and I think our neighborhoods are being saturated with that type of facility and this way it kind of broadens it out and takes the pressure or the heat off the neighborhoods. I would support it because it takes the pressure off the neigborhoods, and in reference to Councilman Andersen's statement we still have control on it, so I will support it with some doubt. Councilman Andersen: I don't think the Douglas Hotel proposition ever had an opportunity to come before this Council, and if a like situation ever occurred again, and it would, under this amendment here, the Council would have the ultimate say so over whatever facility or organization wanted to locate wherever they wanted to locate. You would have the final judgment as opposed to the emotions that are generated in neighborhoods. VOLUME X L I X 115 Roger Dahlstrom: This is a technical point that the staff would like to point out. Because of some of the concepts of the Council discussing that would be more restrictive, based on our publication it would be possible for the Council to approve this petition for B -3 and B -4, omitting 8-1 and 9-2 classifications. Mayor Pro Tem Schmidt: Mr. Christensen, you said.you were looking at four parcels of property, are any of them located in B -1 or B -2. Mr. Christensen: I would have to look at the locations. I have been looking at the sizes. of the buildings first of all because I am thinking about anywhere between 30,000 to 40,000 square feet, which is what we need and you don't.have some like that in a residential. Because we have programs that would more tend to go along with the business, such as our.skill and training programs and our resale stores, it would all be part of business atmosphere more than a residential. Plus we would have a distribution center that would deal with goods that would be extended out to churches and missions and other organizations that would be in need of such items that would perhaps go to some of the low income families and those families in need. We have about six different areas within our organization that would tend. to lean more to be suited to the business district than in a residential. Mayor Pro Tem Schmidt: Are any one of the four locations that you have in mind located in our downtown area. Mr. Christensen: One of them is, :another near the outskirts and then some out a little bit further. Councilman Hansen: How is your not - for- profit organization funded. Mr..Christensen: Only through volunteers, churches or organizations. We have no local, state or federal funding. Councilwoman Shales: I would like to amend the motion to include on the B -3 and the B -4 community business district in this requested action or text..amendment. Councilman Hansen: I will second that motion Mr. Mayor. Mayor Pro Tem Schmidt: We will now vote on the amendment,will the Clerk call the roll. Yeas- ;: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. Mayor Pro Tem Schmidt: At this time I would like to have the Clerk call the roll for the original motion as amended. Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. 1 P VOLUME XLIX PETITION 5 -84 REQUESTING A REZONING FROM R RINGLE FAMILY RESIDENCE DISTRICT TO LOCATED AT 41 K. Mc LEAN BOU: EV-ARD BY THOMAS R. PUKLIN - - - - -- APPROVED Roger Dahlstrom: The Petitioner has offered to purchase the property subject to rezoning and use it as offices for his law firm. The subject property is approximately 19,535 square feet and is presently improved with a single family residence and a swimming pool. At its reaular meeting of February 20, 1984, the Land Use Committee recommended denial of the proposed rezoning by a vote of three yes and three no. Councilwoman Shales:. My question would be for the staff to go over the basic reasons for the denial by the Land Use Committee, Attorney Tom''Puklin; May I interject orb comment before we get into that. I saw a couple of eyebrows raised when they mentioned swimming pool. There is no swimming pool on the property. The two owners back had an above ground pool which was on a survey that was used at the Land Use Committee meeting to show the location of the house within the lot line and these was a reference to the swim —ing pool on that drawing, but I had mentioned at that meeting that there was no pool there. Roger Dahlstrom: I would like to point out that the Planning Department does not generally walk around homes when they are being used as residences to check for swimming pools, so we apologize. I think the primary concern of the staff and of those members of the Land Use Committee who voiced some concerns about this petition is that with additional commercial type uses we are likely going to see more intense traffic utilization in and out of the approaches, the access points to an individual piece of property. The properties in general along McLean Boulevard, and I might add this one is somewhat of an exception, in general they do not have substantial amount of frontage and really would not support the number of curb cuts that we might see with that type of intensity over a long period of time in somewhat of a commercial use. Our concern is with the ability of McLean Boulevard to remain an accessible corridor of traffic in the City. Again, this particular piece of property is less of a concern than I believe a number of others would be. The concern with this one is that this one would set a precedent for additional rezonings to office or commerical classifications in that portion of McLean Boulevard between Highland Avenue to the north and Larkin on the south. VOLUME XLIX 117 ? So its really a concern with the ability of North McLean Boulevard to carry traffic in an efficient manner, and again I might point out this particular piece.of property is not as troublesome as some other properties might be. We have to remember that these properties were platted and zoned and developed with residential uses. At the time they were laid out and visioned good access for large numbers of motor vehicles and I believe the Land Use Committee was somewhat torn on this one and I believe that their position as a Committee was that again this is a somewhat unique piece of property, but we certainly have to consider the precedent it would set in that particular segment of North McLean Boulevard. Councilman Andersen: I toured that area several times over the last few days and looked at other properties in the area and it is apparent the land along McLean Boulevard is going this way, if not by leaps and bounds, its a slow creep in any event and there is office useage within a stone's through of this place. I believe the circular drive lends itself to good ingress and egress out of the property. I would not believe that there would be any more traffic than there would be with a family of four youngsters, if each one of them had a car, so I would be in favor of the proposition. Councilman Hansen: I guess one of the reasons that office use j has been suggested along McLean Boulevard is that it does generally generate less activity than a lot of B uses and I can't see where this law office would over -load the street with traffic. Mayor Jro Tem Schmidt: I would prefer to see the ingress and egress, the two entrances, remain instead of putting in ,just one that they were discussing in the Land Use meeting. Councilman Hansen made a motion, seconded by Councilman Andersen, to approve Petition 5 -84. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. ORDINANCE PASSED AMENDING CHAPTER 16.28 ENTITLED "FIRE PREVENTION CODE" BY ADOPTING BY REFERENCE THE BOCA BASIC FIRE PREVENTION CODE Councilman Andersen made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. lib VOLUME XLIX Ordinance No. Gll -84 AN ORDINANCE AMENDING CHAPTER 16.28 ENTITLED "FIRE PREVENTION CODE" BY ADOPTING BY REFERENCE THE BOCA BASIC FIRE PREVENTION CODE /1981 WHEREAS, the City of Elgin may adopt certain codes and public ordinances, by reference, pursuant to the provisions of Division 3 of Article 1 of the Illinois Municipal Code (Ill. Rev. Stat., 1983, Ch. 24, Sec. 1 -3 -2, et seq.); and WHEREAS, the BOCA Basic Fire Prevention Code, 1981; as "been on file in the +afficE of the City Clerk for more than', thirty (30) days preceding the passage of this ordinance; and WHEREAS, the City Council of the City of Elgin has determined that.it is necessary and desirable to adopt the BOCA Basic Fire Prevention Code /1981, as published by the Building Officials F Code Administrators International, Inc., and as further amended herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.28 entitled "Fire Prevention Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended as follows: 16.28.010 Adoption of Fire Prevention Code There is hereby adopted by the city for the purpose of pre- scribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the BOCA Basic Fire Prevention Code published by the Building Officials & Code Administrators International,. Inc., being particularly the 1981 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the jurisdiction of the city. 16.28.020 Bureau of Inspection Services A. The Fire Prevention Code shall be enforced by the bureau of inspection services in the fire department of the city, which is hereby established and which shall be operated under the super- vision of the chief of the fire department.. B. The deputy chief in charge of the bureau of inspection services shall be assigned by the chief of the fire department on the basis of his qualifications. C. The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors. VOLUME XLIX D. A report of the bureau of inspection services shall be made annually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this code, with such statistics as the chief of the fire department may wish to include_ therein. the chief of the fire department shall also recommend any amendments to the code which, in his judgment, shall be desirable. 16.28.030 Definitions A. Wherever the word "municipality" is used in the Fire Pre- vention Code, it shall be held to mean the city of Elgin, Illinois. B. Wherever the term "corporation counsel" is used in the Fire Prevention Code, it shall be held to mean the corporation counsel or such assistant as may be.assigried by the.corporation counsel. C. Wherever the "chief of bureau of.inspection services" is mentioned in the Fire Prevention Code it shall mean the deputy chief in charge of the bureau of inspection services. 16.28.040 Establishment of limits of districts in which storage of explosives and blasting agents is prohibited The limits referred to in Section F- 2701.2 of the Fire Prevention Code, in which storage or manufacturing of explosives and blasting agents is prohibited, are established as follows: within the corporate limits of the city. 16.28.050 Establishment of limits of districts in which storage of flammable liquids in outside aboveground tanks is prohibited m A. Amend Section F- 2903.1 of the Fire Prevention Code to read as follows: The storage of flammable or combustible liquids in outside aboveground tanks is prohibited within the corporate limits of the city. (Except for those facilities approved and existing at the effective date of the ordinance codified in this chapter and temporary storage at construction sites as permitted in Section .16.28.055). B. Amend Section F- 2902.1 of the Fire Prevention Code to read as follows: New bulk plants, refineries and all tanks and equipment used for storage or refining of flammable or combustible liquids is prohibited within the corporate limits of the city. C. Amend Section F- 290303 of the Fire Prevention Code to read as follows: Fuel oil tanks used for supplying oil burning heating equipment approved and existing at the effective date of the ordinance codified in this chapter shall remain in service. When oil tanks are no longer in use, they shall be.abandoned as required in Section F- 2904.6 of the Fare Prevention Code. 16.28.060 Establishment of limits in which bulk storage of liquified petroleum gas is restricted Amend and add to Section F- 3101.0 Tank Container Systems of the Fire Prevention Code to read as follows: 120 VOLUME XLIX F- 3101.1 Above ground liquified petroleum gas tank containers, other than cylinder or bottle gas, shall be allowed only in M -1 ana M -2 manufacturing districts. Above ground storage facilities shall be limited to 4000 gallon aggregate.water capacity. F- 3101.2 All above ground tank container systems other than cylinder or bottled gas shall be located with respect to the nearest important building, group of buildings, or line of adjoining property which may be built upon as specified in Table F -3101. F- 3101.3 Above ground tank installations of 40.00 gallon aggregate water capacity or 'Less Shall not be located closer than 500 feet to the nearest residential or assembly type occupancy property line. F- 3101.4 Storage facilities with more than 4000 gallon aggregate water capacity shall be installed -under ground in M -1 and M -2 manufacturing districts. F"3101.5 Installation of all LP gas storage containers shall conform to NFPA pamphlet 58 listed in Appendix A of the Fire Pre- vention Code. F- 3101.6 The bureau of inspection services shall be notified twenty- four (24) hours in advance of any installation or abandon- ment of tank installations to witness same. F- 3101.7 Any temporary LP gas installations shall be approved by the bureau of inspection services and must comply with NFPA pamphlet 58 regarding temporary installations. F- 3101.8 Plans for fixed or permanent installations shall be sub- mitted to the office of the State Fire Marshall and bureau of inspection services before construction when utilizing storage containers. of over 2000 gallon individual water capacity or when the aggregate water capacity exceeds 4000 gallons, and of container filling plants regardless of tank capacity. 16.28.062 Gontainer.Storage Delete Section F- 3102.0 Container Storage in its entirety. 16.28.064 Fire Safety Requirements Amend Section F- 3104.4 Terminals, plants, refiners and tank farms to read as follows: Terminals, bulk plants and refineries and tank farms. Terminals -, bulk plants, refineries and tank farms are prohibited within the corporate limits of the city (except those approved and existing installations at the effective date of the ordinance codified in this chapter). 16.28.070 Establishment of motor vehicle routes for vehicles trans- porting explosives and blasting agents The routes referred to in Section F-- 2704.9.1 of the Fire Prevention Code for vehicles transporting explosives and blasting agents are estab- lished as follows: A. Route 2S, north and south; B. Randall Road, north and south; C. Illinois Tollway, east and west; De Route 20 Bypass, east and west. 16.25.080 Establishment of motor vehicle routes for vehicles trans- porting hazardous chemicals or other dangerous articles The routes for vehicles transporting hazardous chemicals and other dangerous articles are established as follows: those routes defined in Section 1602800702 with the exception of necessary deliveries, not otherwise prohibited by law,: which may be made from said routes to establishments or locations within the corporate limits of the city. 16.28.090 Establishment of fire lanes on private property The fire lanes referred to in Section F -311.1 of the Fire Prevention Code are established as follows: those locations and areas as designated and determined by the fire chief of the city who shall immediately upon making such determination give written notice to the property owner of such determination. 16,28.100 Modifications to Fire Prevention Code The chief of the bureau of inspection services shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done The particulars of such modification when granted or allowed and the decision of the chief of the bureau of inspection services thereon shall be entered upon the_re,cords_ of the department and a signed copy shall be furnished the applicant. 16.28.110 Appeals 121 Whenever the chief of the bureau of inspection services shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the bureau of inspection services to the city manager within thirty days from the date of the decision appealed. 16.28.120 New materials, processes or occupancies which may require permits The city manager, the chief of the fire department and the chief of the bureau of inspection services shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code. The chief of the bureau of inspection services shall post such list in a conspicuous place in his office, and distribute copies thereof to in'tprACtprl n,- -rcnnc 122 VOLUME XLIX Secti -on 2e That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law, s /Erwin Schmidt Mayor Pro Tem Presented: March 26 1984 Passed: March 2 , 1984 Vote: Yeas 6 Nays O Recorded: Published: Attest- s/,Marie Ye rman rte Barman, City Clerk RESOLUTION ADOPTED AUTHORIZING A CONTRACT ELGIN Councilman Hansen made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam,,Hansen, Shales, Waters and Mayor Pro Tem Schmidt, Nays: None, VOLUME XLIX RESOLUTION AUTHORIZING A CONTRACT FOR THE PURCHASE OF CERTAIN PROPERTY LOCATED NEAR OTTER CREEK IN THE CITY OF ELGIN WHEREAS, it is necessary and desirable to acquire certain real property located near Otter Creek for the purpose of storm water control. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute a contract of sale with Sidney Bruce Burnidge and William F. Burnidge, a copy of which is attached hereto and made a part hereof by reference. S/ Erwin Schmidt r mayor , r6- em= Presented: March 2b, 1984 Adopted: March 26, 1984 Vote: Yews 6 Nays 0 Recorded: Attest: sMa r i ee Yea an Marie Yearman, City Cher RESOLUTION ADOPTED ACCEPTING PROPOSAL OF BELL AND GUSTUS INC. TO SUPPLY CONTROLLER INTERCONNECTIONS Councilman Gilliam made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, waters and Mayor Pro Tem Schmidt. Nays: None. 123 124 VOLUME XLIX RESOLUTION ACCEPTING PROPOSAL OF BELL AND GUSTUS, INC. TO SUPPLY CONTROLLER INTERCONNECTIONS 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 Bell and Gustus, Inc. for controller inter- connections at Illinois Route 31 and Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Erwin Schmidt Mayor Pro Tem �. Presented: March 26 1984 Adopted: March 24, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Ybannan, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH JACOBS AND ASSOCIATES FOR A TELEPHONE COMMUNICATIONS STUDY Councilman Waters made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters -and Mayor Pro Tem SLbmidt. Nays: None. VOLUME XLIX RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH JACOBS AND ASSOCIATES' FOR A TELEPHONE CU KWICATIONS STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF'ELG'IN, 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 Jacobs- and Associates for a telephone communications study, a copy of which is attached hereto and made a part hereof by reference. s/ Erwin Schmidt -71.pyp r . r'o M, Presented: March 26 1984 Adopted: March 26, 1984 Voter Yeas b Nays 0 Recorded: Attest. a �e�m Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A FARM LEASE WITH COLLINS BROTHERS Councilman Hansen: 1 think we suggested at our work session meeting that possibly next year we might bid this lease. 125 Councilman Gilliam made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution, Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tern Schmidt. Nays: None, 126 VOLUME XLIX RESOLUTION AUTHORIZING EXECUTION OF A FARM LEASE WITH COLLINS BR0THERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a farm lease with Collins Brothers, a partnership, a copy of which is attached hereto and made a part hereof by reference. s/ Erwin Schmidt Presented: March 26 1984 Adopted: March 24, 1984 Vote: Yeas 6 Nays 0 Recorded: A- hest: w s/ Marie ek-man Marie Yeannan, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION Councilman Andersen made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None, VOLUME XLIX 127 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KALTENBACH AND FERENC FOR ARCHITECTURAL SERVICES BE IT RESOLVED BY THE CITY COUNCILOF 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 Kaltenbach and Ferenc for architectural services for the relocation of the communica- tions center, a copy of which is attached - hereto and made :a part hereof by reference. s/ Erwin Schmidt Yor Presented: March 26, 1.984 Adopted: March 26, 1984 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED FOR INTENTION TO ISSUE Councilman Gilliam made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Sh ⩽,Waiers ipnd Mayor Pro Tem Schmidt. Nays: None. am VOLUME XLIX RESOLUTION OF INTENTION TO ISSUE APPROXIMATELY $1,000,000 INDUSTRIAL, DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR THE APOSTOLIC CHRISTIAN RESTHAVEN AND AUTHORIZING THE EXECUTION OF A MEMORANDUN OF AGRER4ENT BETWEEN THE APOSTOLIC CHRISTIAN RESTHAVEN 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 use as a home for the infirm, sick and aged (the "Project ") to be owned and operated by The Apostolic Christian Resthaven an Illinois not - for- profit corporation (the "Corpora- tion"), 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 Corporation 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 Corporation will promote and further the purposes of the Act; and WHEREAS, a form of agreement, designated as a '7Iemorandum of Agreement" has been prepared under which the Corporation has stated its willingness to enter into an agreement with,the Issuer under which the Corporation 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: 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. VOLUME XLIX 129 Section 2. That the Memorandum of Agreement by and between the Corpora - tion 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 execution 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. That this resolution shall be effective immediately. s/ Erwin Schmidt Mayor Pr6,'T6 m - -; Presented: March 26, 1984 Adopted: March 26, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: qS } a r j e rma n Marie Yearman, City Clex AUTHORIZATION OF SCAVENGER LICENSES FOR 1984 Councilman Hansen made a motion, seconder! by Councilman Andersen, to approve the following scavenger licenses: . Monarch Disposal Co. Browning-Ferris Miedema Scavenger Service Willow Lake Estates Arc Disposal Co. Inc. Joe Billups Richard "Dick" Schrieber Ray Schrieber Disposal Co. Laidlaw Waste Systems Inc. Elgin Wayne Disposal Yeas: Councilmen.Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. 130 VOLUME XLIX AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Grand Stage Lighting $2,486.49 Stock replenishment for Hemmens Auditorium. Kirwan - Trane Agency $1,797.80 Annual P.M. service to Trane Water Chillers. Baltimore Aircoil Co. $1,701.00 Materials to replace water pipes in cooling tower. Atlas Boiler & yye l d l ing $2,265.00 Repairs to Vac-All Truck. Councilwoman Shales made a motion, seconded by Councilman Hansen, to approve the aforementioned payments. Yeas; Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for December, 1983 Public Property & Recreation Board Minutes for 2/28/84 Hemmens Auditorium Monthly Report for January & February, 1984 Public Works Report for February, 1984 Transportation Operations Report for February, 1984 Cemetery Report for February, 1984 Budget Summary dated March 7, 1984 Councilman Hansen made a motion, seconded by Councilman Gilliam, to place the aforementioned reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. Councilman Hansen made a motion, seconded by Councilman Gilliam, to place the aforementioned reports on file. yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. AUTHORIZATION TO SET PUBLIC HEARING Councilwoman Shales made a motion, seconded by Councilman Andersen, to set a Public Hearing on April 23, 1984, at 8-,00 P.M., for the purpose of reviewing a request by the Apostolic Christian Resthaven Corporation to amend their current Annexation Agreement with the City of Elgin, Illinois. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. VOLUME XLRX ANNOUNCE -MENTS Mayor Pro Tem Schmidt announced that a special meeting of the Elgin City Council would be held on April 2, 1984, at 5:00 p.m., a Committee of the Whole Meeting on April 9, 1984, at 6:30 p.m.,,and a regular Council Meeting on April 9, 19849 at 8:00 p.m. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Andersen, to adjourn the Council Meeting to return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt. Nays: None. The meeting was adjourned at 9:10 p.m. Marie Yearman,; ,Ci ty C er 131 VOLUME XLIX April 2, 1984 132 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 April .2, 1984 at 5:08 p.m., in the Council Conference Room of City Hall. The meeting was called to order by Councilman Hansen. APPOINTMENT OF MAYOR PRO TEM Councilman Schmidt made a motion, seconded by Councilman Gilliam, to appoint Councilman Hansen as Mayor Pro Tem. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales and Waters. Nays: None. ROLL CALL Roll call was answered by Councilmen Gilliam, Schmidt, Shales, Waters and Mayor Pro Tem. Hansen. Absent:' Councilman Andersen and Mayor Verbic. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. RESOLUTION ADOPTED AUTHORIZING EXECUTION Councilman Waters stated the present annexation agreement is consistent with the terms of agreement reached between the Council, Staff and the developers at their meeting last week. Mayor Pro Tem Hansen stated the present annexation agreement embodies the items that were agreed upon. Councilman Schmidt asked if the annexation agreement met with the approval of the Legal Department. Counsel Jentsch stated he was satisfied the agreement reflects what the Council directed. Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Schmidt, Shales, Waters and Mayor Pro Tem Hansen. Nays: None. 133 VOLUME XLIX RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Elgin Airport Property) 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 a.s 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/ Elmer Hansen ayo.r r-o,.Tem, Presented: Apr i 1 2, 1984 Adopted: April 2, 1984 Vote: Yeas 5 Nays :O Recorded: At est: . � s/ Marie Ylman Marie Yearman, City Cl � erk � VOLUME XLiX ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN—(.'ELGIN AIRPORT PROPERTY AND ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY ELGIN AIRPORT PROPERTY -- TABLED Counsel Jentsch stated that due to the number of investors needed to sign the annexation agreement, the developers were unable to have a fully executed annexation agreement available for tonight's meeting. Dr. Suilivaiand Charles Burnidge stated a fully executed annexation agreement would be available for the April 9th Council Meeting and Counsel Jentsch suggested that the aforementioned Ordinances be tabled to April 9th. Councilwoman Shales made a motion, seconded by Councilman Gilliam, to table the aforementioned ordinances to April 9, 1984. Yeas: Councilmen Gilliam, Schmidt, Shales, Waters and Mayor Pro Tem Hansen. Nays: None. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Waters made a motion, seconded by Councilman Gilliam, to adjourn the meeting. Yeas: Councilmen Gilliam, Schmidt, Shales, Waters and Mayor Pro Tem Hansen. Nays: None. The meeting was adjourned at 5:15 p.m. Marie Yearma City C er 134 VOLUME XLIX April 9, 1984 135 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 9, 1984 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 of the Church of the Brethren and the Pledge of Allegiance was led by Councilman Andersen. 11911WITAIN 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 MARCH 21,.1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Gilliam, to approve the March 21, 1984 Council Minutes as published. Yeas- Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. MINUTES- OF THE MARCH 26, 1.984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilman Schmidt, to approve the March 26, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. MINUTES OF THE APRIL 2, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilwoman:Shales, to approve the April 2, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. BID AWARDED FOR WORD PROCESSING EQUIPMENT Councilman Gilliam made a motion, seconded by Councilman Hansen, to award the bid to the low bidder, NBI, Inc., for their System #2 at a total cost of $21,884 together with their monthly service maintenance agreement of $169.00 ($845,00 for the period August - December, 1984). Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 136 VOLUME XLIX BID AWARDED FOR FERTILIZER FOR GOLF COURSES Councilman Gilliam made a motion,.seconded by Councilman Waters, to award the bid for fertilizer to the low bidder Lake -Cook Farm Supply Company,for a total price of $6,786.88. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR COPPER TUBING FOR WATER SERVICES Councilman Waters made a motion, seconded by Councilman Gilliam, to award the bid for copper tubing for water services to the I ow bidder interstate Manufacturing & Supply for a total price of $2,260.86. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. CHLORINATION SYSTEM FOR SWIMMING POOLS TABLED Councilman Gilliam made a motion, seconded by Councilwoman Shales to table the aforementioned bid. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt Shales, Waters and Mayor Verbic. Nays: None. PETITION 8 -84 REQUESTING A REZONING FROM B -1 rnMMIINITY RININFCC nICT Ir'T Tn P-4 rTMTPPA1 SURREY COURT -- Roger Dahlstrom: It is the petitioner's desire to construct a two and one -half story tht ty unit apartment building north- east of the existing twenty -four unit apartment building located on the subject property. Borth the existing building and the proposed building are to be under one planned unit development. The subject,property is approximately 98,206 square feet and is improved with a twenty -four unit masonry apartment building and off- street parking. Over one-half of the property is currently undeveloped. At its regular meeting of March 5, 1984 the Land Use Committee recommended the approval of Petition 8 -84 by a vote of 4 yes, 1 no and 1 abstention. There were objectors at the hearing and Mr. Boose and Mr. Fitzsimmons are here tonight representing the petitioner. Attorney Boose: Su -rrey Court has been developed in size to handle 1400 cars per day according to staff's calculations, based upon the existing traffic flow we will be adding with 30 additional units approximately 183 trips per day to that, which will still leave Surripy -`Court under 50% used. in other words there are 1400 trips daily capacity, we have 790 excess. So we will be using approximately 43% of the useage of Surrey Court. VOLUME XLIX 137 The area of Surrey Court here is generally populated by a number of apartment buildings. There are a total from the staff report of 70 units located in that particular area for an average density consistent with the density that we are proposing here. This will provide a transition from the B -1 zoning on the property at the present time from the single family to the north, to multi- family in this location, to business zoning to the south. As you are well aware the B -1 zoning would allow a number of things, among them a hotel that could be built upon this premises without any zoning change at ail. Mr. Fitzsimmons feels that a quality 30 unit apartment building, with a cost in excess, of a million dollars, all to be privately financed by Mr. Fitzsimmons, will be a quality addition to the very fine residential area on the west side of Elgin. We also feel it is the highest and best use for this particular piece.of property. All questions of the staff have been satisfied, additionally we have provided for, at the request of the Fire Department, a fire lane which would give access to Larkin Avenue in cases of emergency for emergency and.fire department vehicles only. We have proposed and submitted a second draft to staff of a proposed easement which would run along the west side of the Golden Bear Restaurant and provide access to the rear for emergency purposes. We would-propose to construct that and to assign that for no parking - fire lane useage, although it would be allowed to be used for ingress and egress for the purpose of the business area there, but that would be signed and the City would be given permission to ticket violators for the use of the fire lane useage. That would be the only access to Larkin Avenue and it would not further congest and abuse that particular area. Deputy Chief Knuste The City will have the right to tow anyone parked in this lane. That will be a fire lane that is by ordinance and the police will have the authority to tow any vehicle that is within the fire lane. Councilwoman Shales: That may or may not happen when you need to get through. Councilman Andersen: We don't tow anybody off the snow routes. If you have a fire back there.and you have a couple of cars parked there are you going to wait for a tow truck. No,.you will back out and go around the block and come through Surrey Court and hope that the people who are in trouble back there are not in worse trouble then they were when they called. 138 VOLUME XLIX Councilman Waters: I went out this past week and walked off the property and one of the things that struck me in looking at what is proposed here and what 1 saw in the existing development, as you enter into the parking lot off of Surrey Drive where those first new sets of parking spaces are, there is a fully developed, mature tree standing right in the middle of those parking spaces. If we are going to require extensive landscaping to this whole project, it does•n't make sense that we would cut down a fully matured tree to put in a parking space there. I would like to see an exception made so that we could preserve that tree. Mr, Fitzsimmons: We would certainly agree to that. Councilwoman Shales: 'If this property were developed as it is now zoned what would the access to it be. is it land- locked or is it not. ,Jerry Deering: Right now there is one lot which is zoned B -1. The lot is L shaped and fronts on Larkin Avenue. The proposal is to rezone it to R -4. Mr. Boose is going to sell the back portion off to Mr. Fitzsimmons and then the lot Will become landlocked. Currently the B -1 lot has frontage on Larkin Avenue Councilwoman Shales: But we cannot have access on Larkin Avenue if this back part of the property is sold. Attorney Boose: Only for the fire lane. Mayor Verbic: Well why couldn't he buy all of it with the access to Larkin Avenue, Attorney Boose: It is not for sale. Mayor Verbic: Then you put the City Council in the position by changing the zoning from B -1 to R-4-and you make a lot of people in the neighborhood unhappy. With the density on a little over one acre of land and putting in 30 units and I am sure you are adding some additional parking but you are adding a lot of traffic on Surrey Lane over to Maple Lane. I know the difficulty over there because I was over there today and you could ease the situation considerably if you allowed entrance and exit off of Larkin Avenue with the combined Surrey Lane entrance and exit. Is there a,spokesman for the neighborhood group. Would you please _st.ep forward. Mary Kungie, 51 Surrey Court: Council Members, What can I tell you that you d.ongt know about Petition 8 -84, You are sware that the petitioners are.influential attorneys and businessmen from St. Charles to West Dundee. That they have VOLUME X L I X 139 acquired an easement for ambulatory and fire protection purposes only. That they propose to erect a 30 unit - building on a landlocked parcel. That ingress and egress are to be through existing parking lot onto Surrey Court. We know that many of the Council members have taken time to examine the area. This action tells us that you are also concerned and wish to make a decision which is beneficial to Elgin and equitable to the petitioners and the objectors. In researching material to address the Council I have come across the following facts that I would like to•share with you: From January, 1982 through March 13, 1984, 19 reported incidents in•which the police were call, and not all incidents are reported, took place on Surrey Court. of those 19 17 occurred at 39'Surrey Court, which is the existing 24 unit owned by Trust 16.5, Valley State.Bank. In the same time frame 5 ambulatory and 5 fire calls were made to the same address. of the 5 fire calls 2::were of a very serious nature. Since we draw on experience for guidance the above facts are.quite alarming and to subject the community to additional j stress and hazards is a potential calamity.` I am going to digress here a moment and tell you of my experience on Saturday April 7, 1984. 1 walked the ,3 floors .of 39 Surrey Court. I rang 24 doorbells and spoke to 14 tenants,.as all were not home, and I acquired 9 signatures in opposition to Petition 8 -84. 1 witnessed first hand the frustations of these people. I judge not lease I be judged, bu this must be said and since I've taken the responsibility who better to say it than me. The disrepair of 39 Surrey Court is appauling. What I saw was not ordinary wear and tear, it was management disregard for the comfort and safety of those occupying 39 Surrey Court. Can we consciously p'u't 30 more families into an environment such as that. I believe we have been vocal in our objections, however, 1 would like to reiterate them. The petition is a departure from zoning and subdivision regulations in terms of standard R -4 permitted density and the definition of a lot Standard density is 14.5 units per acre and the definition of a lot is that all lots much have frontage on a.public right -of -way. These regulations under the heading of PUD have been stretched to the limits and in some areas, exceed what the community can tolerate. Access to public right -of -way is of primary concern as proper land use by definition is proper use so as to promote public health, safety, comfort, morals and welfare. 140 VOLUME XLIX The parcel involved is landlocked with proposed ingress and egress onto Surrey Court which is a cul -de -sac. Planning has calculated that traffic will increase 43% and that Surrey Court can handle 1400 trips per day. Therefore, the"additional traffic would create an increase of 183 trips. I would like to point out that we are no longer a society of one car families and that these firgures are deceiving. They are based on 30 additional vehicles. Water problems already exist and will be heightened by the extensive parking area. Green areas are to be sacrificed and open space is out of the question. As a matter of fact the southwest green area of 39 Surrey Court will be lost to 8 parking spaces. The ambience and esthetics of the area will fall into decay along with the property values. This petition for PUD is not ordinance, is not necessary and it is not reasonable. It is a willful rape of the community. I will close with a plea on behalf of Elginites and besiege you to deny the request for Petition 8 -84. If I may I have a few signatures if I may present them. Councilman Gilliam: I understand that you are opposed to the development,: are-you opposed to any development, what would you like to see there, because something has to go there eventually. Mary Kungie; Well the ideal situation might be that the Y has adjoining property. Who.is to say that the Y would not benefit from extending their running track or installing tennis courts or whatever. However, being a- property owner buying the particular lot I knew it was B -1 and so did the rest of us. We were not prepared for a totally new concept, we adjus.ted.ourselves that yes"this is B- I,.but"we are not faced with that any longer. Councilman Gilliam: I think that Roger indicated that B -1 has about 76 uses, would you prefer that type of us. Mary Kungie: Legally we would not have a leg to stand on, because it is already zoned B -1. Councilman Gilliam: I guess what I am trying to say is that it might be more detrimental to put something in that might be fast food or a business type establishment there rather than something that would be more "in the residential area. Mary Kungie: It would not be a wise business decision. It is an unusal piece of property. It has been divided so as to take best advantage of Larkin Avenue. I can see the petitioner's point of view to use the back end to their advantage but it is not to Elgin's advantage. j VOLUME XLIX 141 Attorney Boose: By way of rebuttal we would indicate to you that Mr. Fitzsimmons has owned the property for some time and he is in the process of some extensive repairs, including new porches and other items. He has spent over $6,000 and is involved further. There was extensive comment made about the fact that the property is landlocked, it really is not, the question is how big is a Burnham Mill, how big is any given lot. It can be as small as 100 x 100, or smaller, or it can be as large as 4 or 5 acres. This particular property as the plan is proposed would be 2.25 acres and that does not seem to me to be unreasonable. In terms of the water problems that were addressed, as you well know :,,/e are prevented from, causing any furtl;er mater problems. We have made adequate provision for detention or retention on the area to take care of the 100 year flood and we would be prevented from causing any problems in that regard. As far as the green area is concerned we have tried to address this in terms of bringing the building itself as close to the remaining commercial area as possible, keeping it away from the single family homes, going through an extens -i°,e landscaping plan to try and provide as much green space as possible. Property value decrease, we don't think so, I think anytime you have an opportunity to plan a given area you would plan it as passing from single family to multi-family to business use. It seems to me that we are interposing on a business use a multi - family situation which would in fact improve the values of the single family homes and be the highest and best use in the area as opposed to the 76 business uses that could be put on the property. As a matter of fact a hotel could be constructed on the property of approximately 20,000 square feet and that would be a permitted use. Finally, let me say to you a.s the owner of the property for'some seven years, I personally have called representatives of the YMCA, at least once, if not twice, over the years to inquire if they had any interest in the property. I made that offer several years ago, was contacted more recently inquiring as to what was happening at this time and told them that I had entered into a contract with Mr. Fitzsimmons and his group. I was told that the people at the Y did not have the money to purchase the property, even if this contract did not go. They have always had an interest but they never had the money to purchase it, so it was offered to 'them in the very first instance and they refused it. Mr. Fitzsimmons: I take heed with the people that are already there, the neighbors. I probably on the block of Surrey have the largest investment. I am the only one with a 24 -unit and my only point is I have the largest investment, I have the.most to gain or lose by putting in something that is going to be bad for Surrey. So if it is bad for Surrey I lose in both directions. I would not propose this plan if I did not think it was good and would improve my own property, which I have been improving and 1 have spent a lot of money on it. 142 VOLUME XLIX The landscaping along just on my property with our landscaping plan is going to cost me in excess of $10,000, just to landscape to conform with the planned unit development. I am going to buy the property one way or the other, if the B -1 zoning is offensive or is not ,offensive I would certainly be happy to build something in the B -1 zoning and not have to be confronted by the Council. In the PUD it certainly gives almost total control to the staff and to the city by going with the PUD, and incorporating my building into it, and I think I have done something in respect to incorporating my own building into something that I believe in. Mayor Verbic: These 24 units are they two- 5edroom. Mr. Fitzsimmons: I have 1$ two - bedroom and 6 efficiencies. Mayor Verbic: what would you rent those for. Mr. Fitzslmm n§ They are $375.00 and $400000. Rick Haas,. Manager of apartments, 39 Surrey Drive: 1 went and made a foolish move by renting Larkin Home an apartment for three children. I was doing them a favor because it is a development for the kids to start growing on their own. Larkin sponsors them, etc. Not all of the apartments were run badly by.Larkin Home, they have been pretty responsive and so on. 1 do still have one apartment that is rented by Larkin Home, which I would like to keep, we have a very good tenant in there. That is why most of the complaints and so on. We have had two fires at Surrey Drive in the 5tor ge rooms. In fact I am going to take a polygraph. myself with Detective Ufland to p -rove that there is nothing with me. There are other people under investi- gation who have lived at 39 Surrey, which we have moved out. Councilwoman Shales: I don't have a problem with rezoning this property to R -4, I think it is,a. lower;= and better use than the B -`1. However, l have objections to this particular project. One is the fire access, I am not happy with it, I don't think that will work. I can see the fire truck backing up and going around. I am not happy with the density. I realize that it does fit in with the density of the other project, but 1 really think it is a very high density for that spot and 1 am not happy With the access through the parking lot of the other residence. Those are my objections to this petition. . Councilman Hansen: I have a question of the staff. A good share of the objections from the neighboring residents is the fact that the access is through Surrey. As long as you have the fire access over to Larkin why is not the developer permitted to have access for this new'unit onto to Larkin. Roger Dahlstrom: It was our feeling that Surrey is underutilized at present based upon standard design perimeters and Larkin is quite crowded by anybody's standards. It could have been designed the other way, its not set up that way now. Our feeling was that since Surrey was being underutilized and Larkin has been over- VOLUME X LIX 143 utilized that it might be more desirable to approach it in that way, and we suggested that to the developer along with the many other suggestions. Councilman Hansen: Are you telling me that from a staff point of view that 183 more trips onto Larkin is going to make a difference on a road that carries 2.0,000 cars. Roger Dahlstrom: The point of access will add additional traffic onto Larkin, Larkin is being improved, its being improved because it is not adequate as it presently is. Councilman Hansen: Would it increase any curb cuts. Roger Dahlstrom: Yes, there is one already there and there would have to be an agreement for shared access that might have to go beyond the present easement. The present easement is, drafted strictly for fire entrance. I don't know what position the petitioner would take on a,permanent entrance easement that would have to be up to them. Mayor Verbic: You know if you had a B -1 you would have to come off Larkin Avenue and if you had any kind of a business over there you would generate a lot mire traffic than you would with what you have right now and 183 movements of vehicles is.minuscuie compared to what you have over there right now.. Councilman Andersen: I have taken a ride out there several times most recently yesterday afternoon and there were either 32 or 37 cars parked on Surrey. It was like running an obstacle course to get around there. Then I pulled into the proposed inlet and outlet for the new apartment complex. There is a small parking lot there, there were I believe 18 cars in there and one boat. Going in and out of that little alley there with a 183 more cars per day, I wo.n't buy that no way unless they went out on Larkin Avenue. I Can see the apartment building going up there but not coming out on Surrey, and Surrey isn't the only problem, you get out on Surrey you have to go on Maple and there are people out there on Maple too. Attorney Boose: For the record there has never been nor is there now an objection on the part of myself as a residual owner, nor the other owners of the property, from giving access to,Larkin Avenue for this particular project. We have gone along with staff proposals and if that is the only concern that the Council has we do not have a problem in granting a permanent easement for access to this particular piece of property. Mayor Verbic: I personally would be in favor of this if the density was reduced and if entrance and exit off of Surrey and Larkin Avenue was done in conjunction with the down - grading of the number of units. 1 think for this 1 acre of land that you have here, you have a parking lot a few shrubs, and 30 units is a little bit too much for just exit and entrance off of Surrey. 144 VOLUME XLIX Lillian Juby, 1500 Maple Lane: I would like to know how the people are going to get off of Maple Lane onto to McLean. I can go up there sometime and wait 15 minutes and I would like to know how we are all going to get around. What is a cul -de sac supposed to be in the first place. I thought it was a quiet circle in town where people could live. I don't know why you are trying to change it. When we have a decent neighborhood why doesn't Elgin want to keep it that way. We have all spent a lot of money to have the homes that we have there and as far as $10,000 for some shrubbery, I have probably $3,000 in my own yard, I don't think that is any attribute. Councilman Hansen: If access was given on Larkin and used by this new structure would that eliminate a lot of your objections. Lillian Juby: Not a great deal. I think we have enough apartments down on,Maple Lane and on Surrey-Drive. We are in a residential district, we pay high taxes. A think it is very unfair that somebody wants to come in and ruin our property. I think there should be some advantage to buying a good piece of property and try to keep it up. Councilman Hansen: I think you will have to agree that we are saddled with the task of trying to decide what the best use of this property is. Lillian Juby. If I buy a piece of property that is hard to get in and out of that is not my neighbors fault nor that is not the city's fault Chats my fault. Councilman Andersen: I would move that Petition 8 -84 be denied at this time. Councilwoman Shales: I would second that motion. Councilman Waters: As I have indicated I walked the property off with the drawing.to get a better feel because i realize there is a great . deal of sensitivity to this issue. In my-own-J udgment don't think it is a particularly good project, I don't think that I would be willing to pay the rent that is expected for this project personally, but i also realize that we have ordinances that we have to follow. We have precedent, we have our own rules and regulations which we have imposed upon developers and in my estimation if we were to deny this petition it would an arbitrary and capricious denial. Councilman Hansen: If this is denied right now that puts it out of the box for one year. Counsel Jentsch: According to the zoning ordinance you cannot re =apply for a period of one year after denial. Councilman Hansen: What is the concept were changes in either number of units or access on Larkin, would that be a change that would permit a new application. Counsel Jentsch: We would have to look at the particulars to see VOLUME XLIX 145 how different it was. Is just a change in just a couple of numbers or a totally new proposition. I don't think.] can an«wer in the abstract, but if it were changed in some way, some changes are clearly different, some are merely minor. Mayor Verbic The person who is petitioning for this does have the opportunity at this time to ask that this be tabled and then come back with specific changes. Mr. Fitzsimmons: I would like to comment that no I do not want it tabled, I am spending a million dollars on this project. 1 have already spent a lot of money, I am on my seventh drawing from the architect now. I would like an answer now, I am going to buy the property, if they would prefer to have a hotel up there, 1-have already spent my money, I am already committed, I thought I was doing something that was for the betterment of the city and something that could be of great value because there is a need for apartments in Elgin. No, .l am not looking for a table, if there is a rejection I would like to.know it. Councilwoman Shales: You want it voted on as it is right now, you don't want to consider any kind of changes. Mr. Fitzsimmons: If you want to make a change we are talking about my building a road that is 20 foot wide to Larkin Avenue., We have no objection whatsoever to putting traffic onto that road. If you would like to incorporate that into a motion, we have already committed that we will give you that access. As far.as density we are not going to change that. Its under your code, you. wrote the code and I am following it to the tee. Councilman Gilliam: I think I have heard the Council indicate there is a concern about access, Mr. Fitzsimmons has indicated that there is a question about density and I -think he has indicated that he has followed the Council rules. If that is the case with the density and he -s willing to empty onto larkin, which he said he is willing to do, but our staff said no we prefer you to go to Surrey, which l can understand, what other reason are we having to deny the petition, besides political pressure from the•audience out there, which I understand is out there. What other reasons can we use to deny the petition. Councilman Schmidt: My concern is this ingress and egress off of Larkin Avenue. I cannot understand why staff did not give them the same option for the ingress and egress for this particular project, but if it were a business then they would have it. Roger Dahlstrom: It was the staff's feeling that this would be residential development, generating.a residential traffic, so we felt it should be incorporated into the residential neighborhood. Certainly we wound not disagree that this development would generate less traffic than a B -1 use. As far as the specifics of that proposal I don't believe any members of 'the staff have any heavy difficulty with the traffic going ..out onto Larkin. 146 VOLUME XLIiX Gary Miller: The question of traffic on cul -de. -sacs has been discussed by staff, our department supplied some numbers which would indicate that a:cul- de- sac .such as Surrey Drive could handle in the neighborhood of 1400 vehicles per day. I would point out that we have cul -de -sacs in the city that are longer and have more traffic volumn and'they work relatively well and I make reference to Timber Drive, Grandstand Place and Ceresa Drive. If we were looking at a Surrey Drive that was at capacity and we had a lot of problems on Surrey Drive I don't think our recommendation would be the same as it is today. We don't think there is a.problem at Surrey Drive, we think that adding another 183 turning movements onto Larkin could present a problem. Traffic can leave Surrey Drive it can go east or west on Maple, that traffic can then split and go in three different directi -ans at Jane Drive and so you have a distribution as compared with the concentration of Larkin Avenue. Councilman Schmidt: If this were granted as far as having an ingress and egress on Larkin would you and your people feel much better towards that, or are you against the whole project. Mary Kungie; In the beginning we were not against the whole project, circumstances have changed since that time. Since that time many of you have examined the area and we have also examined the,area and cannot honestly say that the building next door is in such disrepair even though the gentlemen testified that they were. updating it and Mr. Fitzsimmons told me himself that he has owned it for six years. If this is what we are looking at for six years what can we expect from a 30 -unit. Yes, at one time we were willing to compromise, but now what can I tell you. Councilman Gilliam: Mr" Mayor, there seem to be some further explanations as to questions that we need to have answered and I would like to make a motion that we table the petition until the May 14th Council Meeting. Councilman Schmidt: I will second the mot >on. Yeas: Councilmen Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilmen Andersen and Hansen. PETITION 10 -84 REQUESTING AN AMENDMENT TO SPECIAL USE ORDINANCE G25-81, FOR AN ELECTRONIC GAME CENTER Roger Dahlstrom: This amendment would allow the use of soft drink and snack vending machines on the premises located in the Big Oak Shopping Center. This special use was granted in 1981 and at that time it was the prototypical ordinance special use approval for an electronic game center. There were a.number of rules and regulations that were self - imposed, self suggested by Mr. Minus at that time to demonstrate his sincerity in running a well organized, clean establishment. One of these was the prohibition of the use of any snack or vending type machines on the premises. Since that time VOLUME XLIX 147 we have not included that requirement generally in the prototypical requirements for other special uses of this nature and Mr. Minus now requests that this restriction be removed from his establishment which would render his consistent with other uses of this type in the city. At its regular meeting of March 5, 1984 the Land Use Committee recommended approval of the amendment of special use Ordinance No. G25 -81, subject to the special use conditions on a vote of 5 yes and 0 no. Councilman Andersen made a motion, seconded by Councilman Hansen, to approve Petition No. 10 -84. Yeas: Councilmen Andersen, Gilliam, Hansen,,' Schmid -ft, Shales, Waters and Mayor Verbic. Nays-. PETITION 49 -83 REQUESTING AN AMENDMENT TO CHAPTER T7.44.11, OFF - STREET PARKING X Mayor Verbic: I think that during the Committee of the Whole Meeting we voted on some specific changes. Councilman Hansen: I believe I was in the midst of making that final motion and I will make it one more time. f would move that we strike the last sentence from Pharagraph A, Section 19.44.270 of that proposed .page dated. March 20, 1984. Councilman Waters: Mr. Mayor, I would abject and ask for a ruling. I think our ordinance indicates that if a motion is defeated there must be a motion to reconsider that motion and that motion for reconsideration must be made by someone on the prevailing side. Mr. Hansen was not on the prevailing side. Councilman Gilliam: 1 think it would be appropriate that to make any changes we should give the people in,the community a chance to come-back to hear the changes we are making and get their imput, because there has been a great deal of concern at the different meetings regarding the changes in the ordinance and there was a large meeting here the last time with individuals who were concerned about it, and we said that before we made-any changes we would have another hearing to give them a chance to discuss that. I hope that we can postpone this until the next meeting and have a chance to resolve it. Councilman Schmidt: At the time the vote was taken in the Committee of the Whole I had just walked in after getting off a plane and abstained, can I make the motion for reconsideration. Counsel Jentsch: An Abstention is normally considered to count with the prevailing side. So you can take the position that since he voted with the prevailing side Mr. Schmidt could make the motion to reconsider. i Councilman Schmidt made a motion, seconded by Councilman Andersen, to reconsider Councilman Hansen's motion. Mayor Verbic: A motion for reconsideration has been made by VOLUME XLiX Councilman Schmidt, seconded by Councilman.Andersen, regarding Exhibit.A, Paragraph A to strike the last sentence with regard to interior landscaping which shall be located in such a manner as to divide and break up the expanse of paving and to define aisles and driveways. Dim Nazaeowski, 1385 Century Oaks Drive: My question is directed to the Corporation Counsel, isn't an.abstention -- how is it vote for the side against. It seems to me that he abstained from the vote and therefore was not a part of the voting. Counsel ,lentsch: The motion failed because of a tie vote and his vote goes with that side that prevails because it was not an affirmative vote. Jim Nazawowski: In that case I would suggest that the citizens of Elgin through the process of attending meetings with the Planning Council and in working with the staff and presented to the Council and to the Pl °anning Council numerous documents signed by the citizens of Elgin that indicated that they want the kind of parking lot ordinance that does control traffic. Councilman Hansen was kind enough to reveal his motive to us in the working meeting and.said that he is concerned With snow removal and he doesn't like any kind of obstruction in his parking lot nor would he like those obstructions in anyone else's parking lot, and I suggest that we understand his personal point of view, and he certainly has aright to it, but as a representative of the Council we would like him and all of you to represent the wishes of the citizens.-of Elgin., and the citizens of Elgin have gone through the process of attending numerous meeting after meeting only to have further and further corrupted our wishes through legalities that seem beyond us. We•don.'t want the parking lot ordinances downgraded. We don't want that sentence dropped. There has been no motion from any person,.the taxpayers and the voters of this town to direct you toward removing that other than the fact that one of the Councilmen might like to have it easier to remove snow. I suggest that the City of Elgin does -not revolve around how easy it is to remove snow from'a parking lot and hope that is not the kind of considerations that could sway this body of enlightened people just because it is easy to remove snow. Councilman Hansen was even kind enough to demonstrate how you could draw diagonal line from entrance to exit.of a.parking lot with no control of traffic. Councilman Hansen: Correction. I demonstrated that on three different proposals here one of which is the present ordinance, one of which is the proposed ordinance and one is without-anydurb , islands, and the problem is the same. VOLUME X L I X 149 Jim Nazaeowski: The members of the staff suggested that they would have the final say on the proposal that anyone putting in a parking lot and they would be able to :direct that person to construct the parking lot in such a way that it would provide for the control of traffic, and 1 ask that the Council not remove that sentence from the proposal. In the Planning Council numerous citizens came by and expressed their concern about people racing up and down in the parking lots, about bicycles driving around in the parking lot, and that if you remove any restriction, as you suggest Councilman Hansen, you endanger the very people who will be shopping in that center. Mayor Verbic: If there are no further comments I am going to have the Clerk call the,roll on this one change. Yeas: Councilmen Andersen, Hansen, Schmidt, and:.M.ayor Verbic. Nays: Councilmen Gilliam, Shales and Waters. Councilwoman Shales: May I ask one questions Its about the 100% screening of the parking lots and dock areas, we decided to include dock areas with parking lots in the ordinance. That they be required when the business abuts a residential district, or when it abuts a required setback from a residential,district. 1 want to be,sure that is clear that the required setback, if there is one, from an industrial use to a residential use that will not negate the necessity to provide a 100% landscaping around the per�i0.phery. Also I would like to clear whether a residential district across the street would be considered as abutting and therefore be included in the 100 %. Roger Dahlstrom: A district line knows no streets, if we are across the street from a residential district the district line would be in the center of the street. As far as your comment about tK buffer zone, a buffer zone is a setback requirement that is a setback on the manufacturing property. In other words it is not required unless it abuts a residential classification, so it would automatically be covered. Councilwoman Shales: So they could not say I don't really abut the residential district. Roger Dahlstrom: No. It would be determined by zoning .district limes. Councilwoman Shales: And if their commercial use was on one side of the street and a residential district on. the other side street, then the 100% screening would prevail. Roger Dahlstrom: That is our understanding and our wishes at this point. 150 VOLUME xLIX Councilman Hansen: 1 think Councilwoman Shales' concern is the 100 foot buffer zone between Miller Davis and the residents of Forest Drive and that property is not owned by the industrial park or by the individual property owners, it is owned by Ni-Gas, but that may be a unique situation. Roger Dahlstrom: All property within the city is zoned some classification there would still be a line and it would be zoned whatever the adjacent zoning was, in this case I believe it is zoned manufacturing. Councilman Hansen: But then that could not require, as these folks would like, .a requirement for screening on the backend of the Miller Davis property owners on the south side of Davi's Road. Ni -Gas is just open land. So these folks have a legitimate complaint, the buffer zone was never installed, per the agreement made with the developer and I think that was wrong and I am not in opposition to their concern about that and I wonder how that would effect them. The other point that I would like to need for purposes of safety to still on the screening for safety purposes 1007. would be 100% except for visual screening at a curb -cut. I think th hazard. make is that I think we give this 30 foot relief at the curb -cut only. So safety elimination of the at is a definite safety Roger Dahlstrom: Does the 30 foot setback of plantings around access drives part of the perimeter landscaping. Councilman Hansen: No it does not. Part of one of my moti=ons covered this. City Clerk: This was discussed but was not'put -in the'form of a motion Councilman Hansen: I will make a,motion that we exempt the 30 foot /feet on each side of a curb -cut for ingress and egress to an 11011, IIMII, or "B" lot for purposes of safety. Screening requirements from 30 feet of the curb -cuts. Jerry Deering: You don't want to include resident district lots. Councilman Hansen: Make it for everything then. The 30 foot is an arbitrary figure on my part. Roger Dahlstrom: We generally- review each site plan and try to determine whether any plantings are going to obstruct vision in and out of any point of ingress and egress, that would be-part of a,site plan review and is already done. If you desire to have some footage, whatever it is, of area around approaches not screened that is up to you. VOLUME XLIX 151 Councilwoman Shales: Can we word it so that it would be more flexible than just 30 feet. Roger Dahlstrom: Those kind of considerations are already incorporated in the site plan, the question is not so much, the volume of traffic and the speed of traffic would be part of that analysis, so we can already do that. We don't as a staff require any kind of setback off of approaches, it would make no difference to us, we already look at that, whether you have the requirement or not. Councilman Hansen: I think the advantage of having it in the ordinance is that then people know that they should have it for purposes of safety. I don't disagree with what you are saying, but I know there have been many parking lots installed in recent years where there has been no elimination,of screening at a curb -cut and I am sure they are a safety hazard. Roger Dahlstrom: Improper maintainance of the materials can always be hazardous. Councilman Hansen: If they are not there they don't have to be maintained, and if it is in the ordinance the architects and landscapers certainly will know that is what we want, we want ,safe ingress and egress;` - ::Lets just make this to parking lots that fall under the parking lot ordinance. Councilman Hansen made a motion to eliminate perimeter landscaping to a 30 foot screen setback at curb -cuts to eliminate safety hazards. Councilman Waters: You are talking about just the perimeter parking that the amendment would go into the ordinance.in. the section dealing with the perimeter parking.,' Councilman Hansen: Thats right. Councilman Andersen: I will second the motion. Yeas: Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays: Councilmen Gilliam, Shales and Waters. Mayor Verbic: Now we need a motion to approve Petition 49 -83. Councilman Andersen: I make a motion to approve Petiton 49 -83 as amended. Councilman Hansen: I will second the motion. Councilman Waters: I am going to have to vote against Petition 49 -83 and I am very sorry that the situation has arised the way it has forcing me to do this. I was opposed to the direction given the staff originally, I was very pleased with the discussion that occurred between the Planning Commission and the citizens of Elgin who petitioned the Planning Commission, I thought there were some very effective compromises that were made. I felt that 152 VOLUME XLIX compromises were arrived at that were satisfactory to the body that advises this Council as well as the citizens of Elgin who been concerned enough to petition to the Planning Commission and with,the amendments that have now been made to the proposed amendments to the ordinance, the good faith effort that was attempted between the Planning Commission and those citizens has been violated and the effect of those amendments are such that I cannot vote in good conscious for this petition. Mayor Verbic: I think that over the years I have received nothing but complaints from the people who have come into Elgin, complaining about the costs of off - street parking lot development and it has bothered me and I have asked for this many times as far as changes are concernedy to ease the costs as far as developers are concerned, keep the esthetics and keep a lot of the things which we still have included in our changes,. but try to keep`the impact of development down to a point where it will not hurt as far as new developments are concerned. One of the things that has bothered rile is those parking lots which were completed to ordinance have never been kept up in a great many cases and we have ended up with a worse looking situation than what we had previously. The curbing, the plantings were not keep up and I think what we are striving for is something which is going to be feasible as far as the use in the future of having esthetics and also eliminate some of the high cost factors associated with development of a parking lot. !'feel the changes are not going to detract that much and it is going to help the developer in the future. Councilman Andersen: I think this whole parking lot situation was initiated by Executive Director of the Chamber of Commerce some 8 or 9 months a.go and I think we are merely following his suggestions and he voiced the same concerns that you have just addressed yourself to and right now I would call for the question. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays; Councilmen Gilliam and Waters. CONSIDERATION OF VACATION PLAT AND FINAL PLAT APPROVAL OF PF1AS III OF KENNINGTON SQUARE Roger Dahlstrom: Kennington Square was annexed and zoned R -4 planned unit development in 1977. The project features 189 residential residential condominiums to be developed in five phases. The vacation plat and the new final plat for Phase III of the project correct several previous platting errors. At its regular meeting of December 19, 1983, the Land Use Committee recommended vacation plat and final plat approval by a vote of five.yes and zero no. VOLUME XLIX 153 Councilman Gilliam made a motion, seconded by Councilman Schmidt, to approve the Vacation Plat and Final Plat. Councilman Waters: I guess I don't understand fully what is being petitioned to the Council. I drove out to this property and these buildings have already been built. Why are we being petitioned at this point to approve it. Roger Dahlstrom: About a year ago when Mr. Kresmery petitioned for a final plat we found a number of errors, this plat is being brought before you, to be filed with the County Clerk, to correct some of those errors. At that time the Council allowed Mr. Kresmery to go ahead and build some of the buildings while we con- currently repaired some of the errors in platting. Ken Kresmery: According to Statute I have to file and record a plat prior to issuance of a building permit. When I do that the buildings are platted on the document, I then take and have it recorded and t.h,en I build my buildings. My title company can request to have a survey of the lot- and actually,Measure. where these buildings are on this plat. They are never built on the exact same dimensions as the plat calls for. So -every plat that I do I have to vacate and re- record. Yeas_: Councilmen Andersen, Gilliam, Hansen,.Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN ELG1.N AIRPORT PROPERTY Tyrst Anderson, 620 Enterprise: My one question about annexing this last, I would like to know why when we are annexing land into the City, and I did ask this when the comprehensive plan was being reviewed in public hearinggs, why the city doesn't also go in conjunction with District U -46 and get that property that is being annxed into the city also into U -46. We will be providing city services that the city taxpayers have developed over the past 50 years, water, police and fire, and District 300, which will have no investment in that, the City of Elgin will have one million plus investment to begin with, and District 300 will take all the tax dollars for the schools and U -46 will not get anything out of the deal. 154 VOLUME XL1X Counsel Jentsch: District 300 would have to have the authority to make that decision and they are aware of the same facts that we are aware of. Mayor Verbic: We were faced with this same situation about three or four years ago and when we tried to do something about it, it was' to no avail because as the Corporation Counsel just stated what another school district would do when they are going to get the fin -n -ial ren�°e3eration from something. Certainly we would like to have it in U -46. Councilwoman Shales: There is not then a State wide higher body we could appeal >to. Counsel Jentsch: That school district has the last word as long as they can make any:plausible argument that the loss of that property would substantially undercut their tax base.. Obviously this is a substantial area and they could make that argument. Mayor Verbic Bartlett tried to de -annex from U °46 and the School Board said no. Councilman'Andersen 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. - VOLUME XLIX Ordinance No. S1 -84 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Elgin Airport Property) 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territories and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of Section 34,. Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast quarter of said Section 34• thence North 89 degrees 27 minutes 18 seconds West, along the North" line of said Southeast quarter, a distance of 660.00 feet for the -,' point of beginning (this point hereinafter referred to as Point 'V'; thence South 89 degrees 27 minutes 18 seconds East, along said North line, a distance of 660.0 feet to the East line of said Southeast quarter; thence South 0.0 degrees 17 minutes 38 seconds East., along said East line, a distance of 1823.74 feet to a point that is 830'.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of 576.00 feet along a -line that is parallel with a line drawn Westerly (this line hereafter referred to as Line "A ') from a point on the East line of said Southeast quarter that is 74.30 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter to a point (this point hereafter referred to as Point "B'') on the West line extended Northerly of the Northwest quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly, of (as measured along said West line extended Northerly) the Northwest corner of said Northwest quarter; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast quarter of Section 34,:a distance of 756.29 feet to the aforesaid Line "A!'; thence North 89 degrees 17 minutes 42 seconds West, along said Line 'rA ", a distance of 939.48 feet to the aforesaid Point "B "; 155 1.56 VOLUME XLIX thence North 89 degrees 26 minutes 37 seconds West, a distance of 966.65 feet to a point that is 78.93 feet Northerly of a point on the South line of said Southeast quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast quarter; thence North 83 degrees 33 minutes 33 seconds West, a distance of 1S4.85 feet to an existing iron stake, as per Document No. 847720, that is 94.93 feet North- erly of the Southwest corner of said Southeast quarter, as measured: along a line (this. line and it's Northerly extension thereof here- after referred to as Line "C ") that bears North 04 degrees 05 minutes 00 seconds East from said Southwest corner; thence North 57 degrees 02 minutes 39 seconds West, a distance of 364.15 feet to an existing iron stake, per Document No. 847720; thence North 34 degrees 40 minutes 50 seconds West, a distance of 503.57 feet to an existing iron stake, per Document.No. 847720; thence North 25 degrees 19 minutes 30 seconds West, a distance of 634.80 feet to an existing iron stake, per Document No. 847720; thence North 07 degrees 53 minutes 59 seconds East, a distance of 875.68 feet to the Southwest corner of Lot 5 of Miller's Hangars, being a subdivision of part of said Sec- tion 34; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said Lot 5, a distance of 300.0 feet to the South- east corner of said Lot 5; thence North 07 degrees 53 minutes 59 seconds East, along the East line of said Lot 5, a distance of 200.0 feet to the Southeast corner of Lot 4 of said Miller's Hangars; thence North 89 degrees 21 minutes 30 seconds West, along the South line of said 4, a distance of 300.0 feet to the Southwest corner of said Lot 4; thence North 07 degrees 53 minutes 59 seconds East, along the West line of said Lot 4, a distance of 150.0 feet to`the Northwest ) corner of said Lot 4; thence South 89 degrees 21 minutes 30 seconds East, along the North line of said Lot 4 and along the�South line of a private road as .shown on the plat of said Miller's Hangars, a distance of 490.86 feet to the Northwest corner of the taxi strip easement as shown on said plat of Miller's Hangars; thence. South 04 degrees 05 minutes 00 seconds West, along the West line of said ease- ment, a distance of 70.13 feet to the Southwest corner of said ease- ment; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said easement, a distance of 375.0 feet to the Southeast corner of said easement, said corner being on the aforesaid Line "C" and at a distance of 2421.22 feet (record being North 04 degrees 05 minutes 00 seconds East 2421.44 feet) from the Southwest corner of said Southeast quarter of Section 34; thence North 04 degrees 05 minutes 00 seconds East, along the aforesaid Line "C" and being along the East line of said easement and along the East line of Lot 1 of said Miller's Hangars and along said East line extended Northerly of Lot 1, a distance of 559.16 feet to a point on .a line that forms an. angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast quarter of Section 34, measured from West to North at the point of beginning; thence South 79' degrees 08 minutes 07 seconds East, .along said described line, a distance of 1789.25 feet to the point of beginning, excepting therefrom that part lying Easterly and.Southerly of a line .described as follows: Commencing at the Southwest corner of the Southeast quarter of Section 34; Township 42 North, Range 8 East of the Third Principal Meridian; thence North 04 degrees OS minutes 00 -' seconds East, along aforesaid Line "C", a distance of 94.93 feet for VOLUME XLIX 157 the point of beginning of said described line; thence North 04 degrees 05 minutes 00 seconds East, along said line "C ", a distance of 668.0 feet; thence North 6.5 degrees 16 minutes 21 seconds East, a distance of 798.89 feet; thence South 56 degrees 33 minutes 32 seconds East, a distance of 91.79 feet; thence North 31 degrees, 00 minutes 40 seconds East, a distance of 353.31 feet; thence North.04 degrees 56 minutes 46 seconds West, a distance of 1497.16 feet to a point on a line that forms an angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast quarter of Section 34, measured from West to North at aforesaid Point "D" for the terminus of said described line. Being situated in Dundee Township, Kane County, Illinois and containing 76.07'acres more or less. ALSO That part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast quarter of said Section 34; thence North 89 degrees 27 minutes 18 seconds West, along the North line of said Southeast quarter, a distance of 660.00 feet fur the point -of beginning (this point hereinafter referred to as Point "D"; thence South 89 degrees 27 minutes 18 seconds East, along said North line, a distance of 660.0 feet to the East line of said Southeast quarter thence South 00 degrees 17 minutes 38 seconds East, along said East line, a distance of 1.823.74 feet to a point that is 830.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of 576.00 feet along a line that is parallel with a line drawn..Westerly (this line hereafter referred to as Line "ASE) from a point on the East line of said Southeast quarter that is 74•.30 feet Northerly of (as measured along said East. line) the Southeast corner of said Southeast quarter to a point (this point hereafter referred to as Point "B ") on the West line extended Northerly of the Northwest quarter of Section 1, Township 41 North, Range 8 East of the Third.Principal Meridian that is 78.60 feet Northerly of (as measured along said West line extended Northerly) the Northwest corner of said Northwest quarter; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast quarter of Section 34, a distance of 756.29 feet to the aforesaid Line "A "; thence North 89 degrees 17 minutes 42 seconds West, along said Line "A ", a distance of 939.48 feet to the aforesaid Pol;! "B-E; thence North 89 degrees 26 minutes 37 seconds West, a distance of 966.65 feet to a point that is 78.93 feet Northerly of a point on the South line of said Southeast quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast quarter; thence North 83 degrees 33 minutes 33 seconds West, a distance of 154.85 feet to an existing iron stake, as per Document No. 847720, that is 94.93 feet Northerly of the Southwest corner of said Southeast quarter, as measured along a line (this line and it's Northerly extension thereof hereafter referred to as Line "C ") that bears North 04 degrees 05 minutes 00 seconds East from said South- west corner; thence North 57 degrees 02 minutes 39 seconds West, a distance of 364.15 feet to an existing iron stake, per Document No. 847720; thence North 34 degrees 40 minutes 50 seconds West, a distance of 5x3.57 feet to an existing iron stake, per Document No. 847720; MIS VOLUME XLIX thence North 25 degrees 19 minutes 30 seconds West, a distance of 634.8.0 feet to an existing iron stake,.per Document No. 8.47720; thence North 07 degrees 53 minutes 59 seconds East, a distance of 875.68 feet to the Southwest corner of Lot 5 of Miller's Hangars, being a subdivision of part of said Section 34; thence South 89 degrees 2.1 minutes .30 seconds East, along the South line of said Lot 5, a distance of 300.0 feet to the Southeast corner of said Lot 5; thence North 07 degrees 53 minutes 59 seconds East, along the East line of said Lot 5, a distance of 200.0 feet to the South- east comer of Lot 4 of said Miller's Hangars; thence North 89 degrees 21 minutes 30 seconds West, along the South line of said Lot 4, a distance of 300.0 feet to the Southwest corner of said Lot 4; thence North 07 degrees 53 minutes 59 seconds East, along the West lane of said L;mot 4, a distance of 150.0 feet to tie North- west corner of said Lot 4; thence South 89 degrees 21 minutes 30 seconds East, along the North line of said Lot 4 and along the South line of.a private road as shown on the plat of said Miller's Hangars, a distance of 490.86 feet to the Northwest corner of the taxi strip easement as shown on said plat of Miller's Hangars; thence South 04 degrees 05 minutes 00 seconds West, along the West line of said easement, a distance of 70.13 feet to the Southwest cosier of said easement; thence South 89 degrees 2.1 minutes 30 seconds East, along the South line of said easement, a distance of 375.0 feet to the Southeast corner of said easement, said corner being on the aforesaid Line "C" and at a distance of 2421.22 feet (record being North 04 degrees 05 minutes 00 seconds East - 2421.44 feet) from the Southwest cornier of said Southeast quarter of Sec- tion 34; thence North 04 degrees 05 minutes 00 seconds East, along ) the aforesaid Line "C" and being along the East line of said ease- ment and along the East line of'Lot l of said Miller's Hangars and along said East line extended Northerly of Lot 1, a distance of 559.16 feet to a point on a line that forms an angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast quarter of Section 34,, measured from West to North at the point of beginning; thence South 79 degrees 08 minutes 07 seconds East, along said described line, a distance of 1789.25 feet to the point of beginning, excepting therefrom that part lying Westerly and Northerly of aline described as follows: Commencing at the Southwest corner of the Southeast quarter of Sec- tion 34, Township 42 North, Range 8 East of the Third Principal Meridian; thence North 04 degrees 05 minutes 00 seconds East, along aforesaid Line "C ", a distance of 94.93 feet for the point of beginning of said described line; thence North 04 degrees 05 minutes 00 seconds East, along said Line "C ", a distance of 668.0 feet; thence North 65 degrees 16 minutes 21 seconds East, a distance of 798.89 feet; thence South 56 degrees 33 minutes 32 seconds East, a distance of 91.79 feet; thence North 31 degrees 00 minutes 40 seconds East, a distance of 353.31 feet; thence North 04 degrees 56 minutes 46 seconds West, a distance of 1497.16 feet to a point on a line that forms an angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast quarter of Sec- tion 34, measured from West to North at aforesaid Point 119' for the terminus of said described line, being situated in Dundee Township,. Kane County, Illinois and containing 109.54 acres more or less. VOLUME XLIX 159 Section Z. 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/ Richard L. Verbic Richard er ic, Mayor Presented: April 9, 1984 Passed: A p r i l 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie yea an Marie Yearman, City Cler ORDINANCE .PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY ELGIN AIRPORT PROPERTY Councilman Waters 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. 160 VOLUME XLIX Ordinance No. G12 -84 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Elgin Airport 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 heari nb, ha re bean conduct6d 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 TIIE 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 B -3 Service Business District the follow- ing described property: That part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast quarter of said Section 34; thence North 89 degrees 27 minutes 18 seconds West, along the North line of said Southeast quarter, a distance of 660.00 feet for the point of beginning (this point hereinafter referred to as Point "D"; thence South 89 degrees 27 minutes 18 seconds East, along said North line, a distance of 660.0 feet to the East line of said Southeast quarter; thence South 00 degrees 17 minutes 38 seconds East, along said East line, a distance of 1823.74 feet to a point that is 830.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of 576.00 feet along a line that is parallel with a line drawn Westerly (this line hereafter referred to as Line "A ") from a point on the East line of said Southeast quarter that is 74.30 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter to a point (this point hereafter referred to as Point "B ") on the West line extended Northerly of the Northwest quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly of (as measured along said West line extended Northerly) the Northwest corner of said Northwest quarter; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast quarter of Section 34, a distance of 756.29 feet to the aforesaid Line "A'; thence North 89 degrees 17 minutes 42 seconds West, along said Line "A", a distance of 939.48 feet to the aforesaid Point "B "; VOLUME XLEX 161 thence North 89 degrees 26 minutes 37 seconds West, a distance of 966.65 feet to a point that is 78.93 feet Northerly of a point on the South line of said Southeast quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast quarter; thence North 83 degrees 33 minutes 3.3 seconds West, a distance of 154.85 feet to an existing iron stake, as per Document No. 847720, that is 94.93 feet North- erly of the Southwest corner of said Southeast quarter., as measured along a line (this line and it's Northerly extension thereof here- after referred to as Line "C ") that bears North 04 degrees 05 minutes 00 seconds East from said Southwest corner; thence North 57 degrees 02 minutes 39 seconds West, a distance of 364.15 feet to an existing iron stake, per Document No. 847720; thence North 34 degrees 40 minutes 50 seconds West, a distance of 503.57 feet to an existing iron stake, per Document No. 8477120; thence North 25 degrees 19 minutes 30 seconds West, a distance of 634.80 feet to an existing iron stake, per Document No. 847720; thence North 07 degrees 53 minutes 59 seconds East, a distance of 875.68 feet to the Southwest corner of Lot 5 of Miller's Hangars, being a subdivision of part of said Sec- tion 34; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said Lot 5, a distance of 300.0 feet to the South- east corner of said Lot 5; thence North 07 degrees 53 minutes 59 seconds East, along the East line of said Lot 5, a distance of 200.0 feet to the Southeast corner of Lot 4 of said Miller's Hangars; thence North 89 degrees 21 minutes 30 seconds West, along the South line of said Lot 4, a distance of 300.0 feet to the Southwest corner of said Lot 4; thence North 07 degrees 53 minutes 59 seconds East, along the f West line of said Lot 4, a distance of 150.0 feet to the Northwest corner of said Lot 4; thence South 89 degrees 21 minutes 30 seconds East, along the North line of said Lot 4 and along the South line of a private road as shoum on the plat of said Miller's Hangars, a distance of 490.86 feet to the Northwest corner of the taxi strip easement as shown on said plat of Miller's Hangars; thence South 04 degrees 05 minutes 00 seconds West, along the West line of said ease- ment, a distance of 70.13 feet to the Southwest corner of said ease- ment; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said easement, a distance of 375.0 feet to the Southeast corner of said easement, said corner being on the aforesaid Line ''C" and at a distance of 2421.22 feet (record being North 04 degrees 05 minutes 00 seconds East - 2421.44 feet) from the Southwest corner of said Southeast quarter of Section 34; thence North 04 degrees 05 minutes 00 seconds East, along the aforesaid Line "C" and being along the East line of said easement and along the East line of Lot 1 of said IN-filler's Hangars and along said East line extended Northerly of Lot 1, a distance of 559.16 feet to a point on a line that forms an angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast quarter of Section 34, measured from West to North at the point of beginning; thence South 79 degrees 08 minutes 07 seconds East, along said described line, a distance of 1789.25 feet to the point of beginning, excepting therefrom that part lying Easterly and Southerly of a line described as follows: Commencing at the Southwest corner of the Southeast quarter of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian; thence North 04 degrees 05 minutes 00 seconds East, along aforesaid Line "C ", a distance of 94.93 feet for 162 VOLUME XL 1 X the point of beginning of said described line; thence North 04 degrees 05 minutes 00 seconds East, along said line "C ", a distance of 668.0 feet; thence North 65 degrees 16 minute. 21 seconds East, a distance of 798.89 feet; thence South 56 degrees 33 minutes 32 seconds East, a distance of 91.7.9 feet; thence North 31 degrees 0.0 minutes 40 seconds East, a distance of 353.31 feet; thence North 04 degrees 56 minutes 46 seconds West, a distance of 1497.16 feet to a point on a line that forms an angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast quarter of Section 34, measured from West to North at aforesaid Point "D" for the terminus of said described line. Being situated in Dundee Township, Kane County, Illinois and containing 76,07 acres more or less," 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 the M-2 General Manufacturing District the following described property: That part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast quarter of said Section 3.4; thence North 89 degrees 27 minutes 18 seconds West, along the North line of said Southeast quarter, a distance of 660.00 feet for the point of beginning (this point hereinafter referred to as Point "D "; thence South 89 degrees 27 minutes 18 seconds East, along said North line, a distance of 660.0 feet to the East line of said Southeast quarter; thence South 00 degrees 17 minutes 38 seconds East, along said East line, a distance of 1.823.74 feet to a point that is 830.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of 576,00 feet along a line that is parallel with a line drawn Westerly (this line hereafter referred to as Line "A") from a point on the East line of said Southeast quarter that is 74.30 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter to a point .(this point hereafter referred to as Point "B ") on the West line extended Northerly of the Northwest quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly of (as measured along said West line extended Northerly) the Northwest corner of said Northwest quarter; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast quarter of Section 34, a distance of 756.29 feet to the aforesaid Line "A "; thence North 89 degrees 17 minutes 42 seconds West, along said Line "A', a distance of 939.48 feet to the aforesaid Point "B "; thence North 89 degrees 26 minutes 37 seconds West, a distance of 9.66.65 feet to a point that is 78.93 feet Northerly of a point on the South line of said Southeast quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast quarter; thence North 83 degrees 33 minutes 33 seconds West, a distance of 154.85 feet to an existing iron stake, as per VOLUME XLIX 763 Document No. 847720, that is 94.93 feet Northerly of the Southwest corner of said Southeast quarter, as measured along a line (this line and it's Northerly extension thereof hereafter referred to as Line "C ") that bears North 04 degrees 05 minutes 00 seconds East from said South- west corner; thence North 57 degrees 02 minutes 39 seconds West, a distance of 364.15 feet to an existing iron stake, per Document No. 847720; thence North 34 degrees 40 minutes 50 seconds West, a distance of 503.5', feet to an existing iron stake, per Document No. 847720; thence North 25 degrees 19 minutes 30 seconds West, a distance of 634.80 feet to an existing iron stake, per Document No. 847720; thence North 07 degrees 53 minutes 59 seconds East, a distance of 875.68 feet to the Southwest corner of Lot 5 of Miller's Hangars, being a subdivision of part of said Section 34; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said Lot 5, a distance of 300.0 feet to the Southeast corner of said Lot 5; thence North 07 degrees 53 minutes 59 seconds East, along the East line of said Lot 5, a distance of 200.0 feet to the South- east corner of Lot 4 of said Miller's Hangars; thence North 89 degrees 21 minutes 30 seconds West, along the South line of said Lot 4, a distance of 300.0 feet to the Southwest corner of said Lot 4; thence North 07 degrees 53 minutes 59 seconds East, along the West line of said Lot 4, a distance of 150.0 feet to the North - west corner of said Lot 4; thence South 89 degrees 21 minutes 30 seconds East, along the North line of said Lot 4 and along the South line of a private road as shown on the plat of said Miller's Hangars, a distance of 490.86 feet to the Northwest corner of the taxi strip easement as shoism on said plat of Miller's Hangars; thence South 04 degrees 05 minutes 00 seconds West, along the West line of said easement, a distance of 70.13 feet to the Southwest" corner of said easement; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said easement, a distance of 375.0 feet to the Southeast corner of said easement, said corner being on the aforesaid Line "C" and at a distance of 2421.22 feet (record being North 04 degrees 05 minutes 00 seconds East - 2421.44 feet) from the Southwest corner of said Southeast quarter of Sec- tion 34; thence North 04 degrees 05 minutes 00 seconds East, along the aforesaid Line "C" and being along the East line of said ease- ment and along the East line of Lot 1 of said Miller's Hangars and along said East line extended Northerly of Lot 1, a distance of 559.16 feet to a point on a line that forms an angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast quarter of Section 34, measured from West to North at the point of beginning; thence South 79 degrees 08 minutes 07 seconds East, along said described line, a distance of 1789.25 feet to the point of beginning, excepting therefrom that part lying Westerly and Northerly of a line described as follows: Commencing at the Southwest corner of the Southeast quarter of Sec- tion 34, Township 42 North, Range 8 East of the Third Principal Meridian; thence North 04 degrees 05 minutes 00 seconds East, along aforesaid Line "C ", a distance of 94.93 feet for the point of beginning of said described line; thence North 04 degrees 05 minutes 00 seconds East, along said Line "C ", a distance of 668.0 feet; thence North 65 degrees 16 minutes 21 seconds East, a distance of 798.89 feet; thence South 56 degrees 33 minutes 32 seconds East, a distance of 91.79 feet; 164 VOLUME XLIX thence North 31 degrees 00 minutes 40 seconds East, a distance of 353.31 feet; thence North 04 degrees 56 minutes 46 seconds West, a distance of 1497.16 feet to a point on a line that forms an angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast quarter of Sec- tion 34, measured from West to North at aforesaid Point "D" for the terminus of said described line, being situated in Dundee Township, Kane County, Illinois and containing 109.54 acres more or less." Section 3. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Conunittee and a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 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: A p r i l 9, 1984 Passed: April 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest:, s,/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 1325 EAST CHICAGO STREET FROM R TW FAMI 1 Y RFC ( nFm p ni cTR PT AM R,. rFnIFR Councilman Hansen made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Nays: None. Abstained: Mayor Verbic. Mayor Verbic: I am abstaining because I was not here for the prior discussion of same. VOLUME XLIX Ordinance No. G14 -84 AN ORDINANCE RECLASSIFYING PROPERTY AT 1325 EAST CHICAGO STREET FROM R -3 Two FAMILY RESIDENCE DISTRICT AND R--4 GENERAL RESIDENCE DISTRICT B -4 GENERAL SERVICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 1325 East Chicago Street, Elgin, Illinois, from R -3 Two Family Residence District and R -4 General Residence District to B -4 General Service District; and WHEREAS, the Land Use Conmittee has conducted a public hearing after due notice and submitted its written findings 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 f Map', as amended, be and are hereby altered by excluding from the R-3 Two Family Residence District and R -4 General Residence District, and including in the B -4 General Service District, the following described property: That part of the Northwest Quarter of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: beginning at the intersection of the South line of State Route 19 with the center line of Lovell Road; thence South . 7 degrees 20 minutes West along said center line a distance of 1292..0 feet to an angle in said.center line, thence South 4 degrees 00 minutes West along center line a distance of 22.9.51 feet; thence North 86 degrees 33 minutes West a distance of 1001.22 feet; thence North 7 degrees 13 minutes East a distance of 1433.02 feet to the South line of State Route 19 thence Easterly along said South line a distance of 531.58 feet being along a curve to the left; thence North 83 degrees, 32 minutes East along said,South lane 475.75 feet to the place of beginning. Containing 33.0 acres more or less and being situated in Hanover Township, Cook County, Illinois, excluding that portion of the above property described as follows: that part of the Northwest Quarter of Section 20, Township 41 North Range 9 East of the Third Principal Meridian, described as follows: Begin- ning at the intersection of the South line of State Route 19 with the center line of Lovell Road; thence South 7 degrees 20 minutes West along said center line; a distance of 1023.36 feet; thence North 82 degrees 40 minutes West, a distance of 151.97 feet; thence Northwesterly and Northerly along a curve to the right having a radius of 348.00 feet and being tangent to the last described course, a distance of 571.57 feet; thence Northerly and Northwesterly along a 165 166 VOLUME XLIX curve to the left having a radius of 2003.0 feet and being tangent to the.last described curve, a distance of S2S.00 feet to the Southerly right of way line of State Route 19; thence Northeasterly along said Southerly right of way line,.being along a curve to the left having a radius of 1795.23 feet, a distance of 90.89 feet; thence North 83 degrees 32 minutes East along said Southerly right of way line, a distance of 4S4.S1 feet to the place of beginning. Being situated in Hanover Township, Cook County,. Illinois and containing 10.485 acres more or less.°' 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 he published s ed i n panp let form by author.i I ^ f the City 'ci1. Presented: April 9, 1984 Passed: April 9, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk S/ Richard L. Verbic EEETrd L. Verbic, yor Abstained ORDINANCE PASSED IMPOSING A MUNICIPAL REPLACEMENT VEHICLE TAX Councilman Waters made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Ind -: aters..; Nays: None. Abstained: Mayor Verbic. VOLUME XLIX 167 Ordinance No. T1 -84 AN ORDINANCE IMPOSING A MUNICIPAL REPLACEMENT VEHICLE TAX BE IT ORDAINED BY THE CITY- COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. A tax is hereby imposed upon each vehicle, as defined in Section.1- 146 of The Illinois Vehicle Code, purchased in the City of Elgin by or on behalf of an insurance company to replace a vehicle of an insured person in settlement of a total loss claim. The tax shall be in the amount of Fifty Dollars ($50.0.0) per vehicle purchased. Section 2. Every such insurance company that purchases a replacement vehicle as defined herein shall complete and file with the Illinois Depart- ment of Revenue a replacement vehicle certificate (Form RVT -7). Section 3.. At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed. Section 4. The City Clerk is hereby directed to transmit to the State Department of Revenue a certified copy of this ordinance not later than thirty (30) days after the effective date of this ordinance. Section 5. This ordinance shall be published within ten days of its enactment as provided in Section 1 -2 -4 of the Illinois Municipal Code and shall be effective from and after the first day of May, 1984. Presented: April Passed; A p r i l Vote: Yeas 6 Recorded: Published: s/ Richard L. Verbic Richard L. Verbic, Mayor 9, 1984 9, 198+ Nays 0 Abstained Attest: arse eman Marie Year=, City Clerk ORDINANC.E_PASSED AMENDING THE PROVISIONS Councilwoman Shales made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Nays: None. Abstained: Mayor Verbic. 168 VOLUME XLIX Ordinance No. G15 -84 AN ORDINANCE AMENDING THE PROVISIONS OF LICENSES FOR PEDDLERS AND SOLICITORS IN FOUNTAIN SQUARE PLAZA MALL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 6.46, Chapter 6.46.050B, of the Elgin Municipal Code, .1976, as amended,.be and is hereby further amended to read as foIlows: Be There shall be one twelve -month license for the sale of food products including nonalcoholic beverages. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard L. Verbic Richard L. er ic, Mayor Presented: April 9, 1984 Passed: April 9, 1984 Vote -: Yeas 6 Nays 0 Abstained I Recorded: Published: Attest: T s/ Marie Ye man rie Yearman, City Clerk RESOLUTION ADOPTED REGARDING PARTICIPATION IN THE HOME TOWN AWARDS PROGRAM ^� 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 XLIX RESOLUTION REGARDING PARTICIPATION IN THE HIE TOWN AWARDS PROGRAM WHEREAS, it is the goal of every municipal,official in Illinois to improve the Quality of life in his or her community; and WHEPENS, the residents of the City of Elgin take pride in being counted among the industrious and innovative citizenry of Illinois; and WHEREAS, community needs and problems can best be determined and solved through a cooperative effort between elected officials and those citizens they represent; and WHEREAS, the purposes and plans of Illinois, Inc. are designed to identify and harness the efforts of Illinois' individual citizens, govern- ments, businesses, labor organizations, and other organized groups in promoting the economic and social well being of all Illinois' residents; and WHEREAS, Illinois, Inc. through the Home Town Awards Program provides an opportunity for'`the City of Elgin to provide a means to recognize community improvement efforts in our community. NOW, THEREFORE, BE' IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin does hereby go on record to support the concept of Illinois, Inc. which is designed to promote the benefits of living, working and visiting our community by formally enter- ing into the Home Town Awards Program for fiscal year 1984. s/ Richard L. Verbic. Richard L. Verbic, Mayor Presented: April 9, 1984 Adopted: A p r i l 9, 1984 3 Voter Yeas ] Nays 0 Recorded: A st: s/ Marie Ye 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 20 FOR ANNUAL LOYALTY DAY PARADE 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. 170 VOLUME XLIX 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 6, 1984 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 L. Verbic Richard . Verbic, Mayor Presented: April 9, 1984 Adopted: April 9, 198+ Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yuan Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A GRANT OF NON - EXCLUSIVE LICENSE FOR ELECTRIC AND TELEPHONE LINE 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 XLIX 171 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF NON - EXCLUSIVE LICENSE FOR ELECTRIC AND TELEPHONE LINE 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 a Grant of Non - Exclusive License for Electric and Telephone Line on behalf of the City of Elgin with the Commonwealth Edison Company and Illinois Bell Telephone Company, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic _ -1 aar - L. . erbic, Mayor Presented: April 9, 1984 Adopted: April 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: sI Marie Yea an rie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER N0. IN THE CONTRACT WITH 1RVING CONSTRUCTION COMPANY INC. FOR THE HEADQUARTERS FIRE STATION PROJECT Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and.Mayor Verb i c. Nays; None. 172 RESOLUTION APPROVING CHANGE ORDER. NO. 1 IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY, INC. FOR THE HEADQUARTERS FIRE STATION PROJECT VOLUME XLIX WHEREAS, the City of Elgin has heretofore entered into a contract with Irving Construction Company, Inc. for the Headquarters Fire Station 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 RREard L. Verbic, Mayor Presented: April 9, 1984 Adopted: Apri 1 93" Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City C1er RESOLUTION 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. q VOLUME X LIX 173 AUTHORIZING RESOLUTION EXECUTION OF A GRANT OF UTILITY EASEMENT (Fire Station/Summit Street) 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 utility easement to the COmmonwealth Edison Company and Illinois Bell Telephone Company for the installation, maintenance, operation, reloca- tion and removal of underground cables, a copy of which is attached hereto and made a part hereof by reference. si Richard L. Verbic RiEHard L. cr ic, Mayor Presented: April 9, 1984 Adopted.: April 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Atest: _�U s/ 'Mare e Yemen Marie Yearman, City Clerk RESOLUTION ADOPTED DESIGNATING DEPOSITORIES FOR.FUNDS OF THE CITY OF ELGIN Councilman Hansen made a motion, seconded by'CounciIwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 174 VOLUME XLIX RESOLUTION DESIGNATING DEPOSITORIES FOR FUNDS OF THE CITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following banks are hereby designated as depositories for the funds of the City of Elgin: The First National Bank of Elgin 6 Fountain Square Plaza Elgin National Bank Continental Illinois National Bank and Trust of Chicago The First National Trust Company of Evanston The First National Bank of Chicago Citibank, NA Presented: April 9, 1984 Adopted: April 9, 1984 Vote: Yeas 7 Nays 0 Recorded: At est: _ s /Marie Ye man Marie Yearman, City Clerk 24 East Chicago Street 231 South LaSalle Street, Chicago 800 Davis Street, Evanston One First National Plaza, Chicago 399 Park Avenue, New York, New York S/ Richard L.'"V "e'rbic RicharU L. Vtrbic, Mayor RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT Councilman Hansen 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 XLIX RESOLUTION AUTHORIZING P4 AGREEMENT FOR ENGINEERING SERVICES WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PHASE III OF NORTH MCLEAN BOULEVARD IMPROVEMENT WHEREAS, the City of Elgin desires to retain the services of Hampton, Lenzini and Renwick, Inc. to perform certain engineering services necessary for the improvement of North McLean Boulevard from Royal Boulevard to the Chicago and Northwestern Railroad 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 engineer- ing services with Hampton, Lenzini and Remaick, Inc. for Phase III of North McLean Boulevard improvements, a full and complete copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RichaYU L. er ic, Mayor Presented: April 9, 1984 Adopted:. April 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Mari e eahman Y Marie Yearman, City Clem RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT "WITH TITE STATE QF ILLINOIS, DEPARTMENT OF TRANSPORTATION—FOR L Mc LEAN Councilman Waters 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. 175 176 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, FOR McLEAN BOULEVARD IMPROVEMENT VOLUME XLIX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, be and is hereby authorized and directed to execute: an agreement on behalf of the City of Elgin with the State of Illinois, Department of Transportation, for the improvement of McLean Boulevard from Royal Boulevard to the Chicago and Northwestern Railroad Tracks, a copy of'which is attached hereto and made a part hereof by reference. s./ Richard L. Verbic Ri ar L. er 3,c, Mayor Presented: April 99 1984 Adopted: April 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PASSED ADDING TO THE LIST OF SPECIAL Councilman Waters made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas. Councilmen Andersen, Gilliam, Hansen,'_Schmidt, Shales and Waters. Nays: None. Abstained: Mayor Verbic. VOLUME XLiX Ordinance No. G16 -84 AN ORDINANCE ADDING TO THE LIST OF SPECIAL USES IN THE B -3 SERVICE BUSINESS DISTRICT TO PERMIT Ca4d NITY SERVICE FACILITIES 177 WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to permit commmty service facilities as an additional special use in the B -3 Service Business District; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and NT]ERE S, tiie Elgin Piaiin -Lng Cone- raittee iicu Subri -fitted its — fatten 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, except that it finds that such uses are not appropriate in the B-1 Community Business District and B -2 Central Business District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.32.030 of Chapter 19.34 of the Elgin Municipal Code, 1976,' as amended, be amended by adding the following: "8. Community service facilities." Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: April 9, 1984 Passed: A p r i l 9, 1984 Vote: Yeas 6 Nays 0 Abstained Recorded: Published: At st: IS—A Ma r i e Ye lma n Marie Yearman, City Cler ORDINANCE PASSED RECLASSIFYING PROPERTY AT NORTH MCLEAN BOULEVARD FROM R -Z SINGLE FAMILY RESIDENCE DISTRICT TO 0 LIMITED OFFICE DISTRICT Councilman Andersen made a motion, seconded by Councilman Hansen, f to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Nays: None. Abstained: Mayor Verbic. 178 VOLUME XLIX Ordinance No. G13 -84 AN ORDINANCE RECLASSIFYING PROPERTY AT 41 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 41 North McLean Boulevard, Elgin, Illinois, 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 written findings and recommendations to the City Council; and WHEREAS, the City Council of the City of Elgin has reviewed the findings and recommendations of the Land Use Committee. NOW, THEREFORE, BE. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the R -2 Single Family Residence District and including in -the 0 Limited Office District the follow- ing described property: Lots 10 and 11 and the South.20.97 feet of Lot 9 and the North 22.61 feet of Lot,12 (excepting the Westerly 3 feet of all of said Lots) in Block 8 of Theo. F. Swan's Subdivision of part of the East Half of Section 15; Town- ship 41 North Range 8 East of the Third Principal Meridian, in the City. of Elgin, Kane County`, Illinois ", Section 2. That this ordinance shall . be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard Le Verbic Richard L. Ver ic,.Mayor Presented: April 9 19'84 Passed: April �, 1984 Vote: Yeas 6 Nays 0 Abstained Recorded: Published: A tt st: 0 s/ Mara e Yeanar� . Marie Yearman, City Cler VOLUME XLIX 179 SUPPLEMENTAL RESOLUTION ADOPTED FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUN l'C- PAL I TY UNDER THE ILLINOIS HIGHWAY CODE 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. RESOLUTION ADOPTED AGREEING TO AN EXTENSION OF THE TERMS OF THE MEMORANDUM- -OF AGRFEMENT DATED APRIL -BETWEEN THE CITY OF ELGIN AND UNIVERSAL CHEMICAL COATINGS, INC. AND WAIVING THE REQUIREMENT THAT TFfE LETTER OF CREDIT PROV I'DED FOR i Na PARAGRAPH e OF SUCH AGREEMENT BE ISSUED ONLY BY FIRST WCSCONSIN NATIONAL BANK OF MILWAUKEE 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. l VOLUME X L I X RESOLUTION AGREEING TO AN EXTENSION OF THE TERMS OF THE MEMORANDUM OF AGREEMENT DATED APRIL 14, 1983, BETWEEN THE CITY OF ELGIN AND UNIVERSAL CHEMICAL & COATINGS, INC. AND WAIVING THE REQUIRE1,nT THAT THE LETTER OF CREDIT PROVIDED FOR IN PARAGRAPH 1 (c) OF SUCH AGREEMENT BE ISSUED ONLY BY FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE WHEREAS, pursuant to a resolution entitled "A Resolution Authorizing the Execution of a Memorandum of Agreement (Universal Chemical & Coatings, Inc. Project)," the City of Elgin has entered into a Memorandum of Agree - ment dated April 14, 1983 (the "Agreement "), with Universal Chemical & Coatings, Inc. (the "Borrower"); and WHEREAS, the Borrower has requested that the City of Elgin extend the time set forth in the Agreement within which to agree upon mutually acceptable terms and conditions relating to the issuance of the Bonds as defined therein; and WHEREA-S, the Borrower has further requested that the City of Elgin waive the requirement that the unconditional letter of credit provided for in paragraph 1(c) of the Agreement be issued-only by First Wisconsin Bank of Milwaukee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City does hereby agree to extend the time set forth in paragraph 4 of the Agreement within which to agree upon mutually acceptable terms and conditions relating to the issuance of the Bonds, as defined therein, to July 15, 1984, and does hereby waive the require- ment that the unconditional letter-of credit provided for in paragraph 1(c) of the Agreement be issued only by First Wisconsin National Bank of Milwaukee. BE IT FURTHER RESOLVED that the Mayor of the City of Elgin is hereby authorized to execute on behalf of the City any and all documents necessary to effectuate the terms of this resolution. s/ Richard Lo Verbic Pd chard L. er !c, Mayor Presented: April 9, 1984 Adopted: April 19, 1984 Vote: Yeas 7 Nays 0 Recorded: Ast: s/ Marie! Ye rman Marie Yearman, City Clerk VOLUME XLIX In AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS CBD Landscaping $3,000.00 Purchase of used tractor. Jimmy Diesel, Inc. $6,525.74 Engine repairs to Bus #8077. Turner Bros. Excavating $5,865.00 Dredging creeks at Spartan Meadows Golf Course. Triad Business Forms $1,679018 Reprinting of water billing forms. Ace Hardware J32.91 Misc. equ i pi-nent and materials for conversion of Fire Dept. emergency truck to a Hazardous Materials Unit. Councilman Hansen 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. REPORTS RECEIVED AND ORDERED PLACED ON FILE Parking Lot Revenues 3/1/83 through 2/29/84 Monthly Building Report for March, 1984 City Traffic Committee Minutes of 3/15/84 Greater Downtown Elgin Commission Minutes of 3/6/84 Elgin Fire Department Annual Report for 1983. Councilman Waters: I would move that we place these reports on file and that the Council be on record as expressing appreciation to the Elgin Fire Department for their excellent work with their annual report. Councilwoman Shales:` I would second that Mr. Mayor, and I would also second the excellent work report. Mayor Verbic: I enjoyed reading the report and it was very well done. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic.. Nays: None.. RECOGNIZE PERSONS PRESENT Barbara Nic.hois, 1675 Mulberry Lane: This is a petition we would like to give to the Council regarding the pool in this apartment complex. Deputy Knust: I have been in contact with the residents out there and the pool has been abandoned since approximately 1976. During 1976 a young girl was in the pool, in March, cold weather, the paramedics took her out of the pool and revived her. Last year in.March another child got into the pool, his mother got in the pool and got him out, the child and mother were taken to the hospital and treated for exposure. IM VOLUME X LIX This past February Angel Miranda got into the pool and drown.. We have had the pool periodically drained, we told the owners to drain the pool. During the winter it filled up with water and it was full of debris this Spring, there were swing sets, child's big wheel in there, I think that possibly what enticed the young child to get in there. The junk has been removed out of the pool, we had the pool pumped, but it is now filling back up again and the residents out there would like your help and your support in getting this pool abandoned, filled or removed. Councilman Gilliam: Is there anything we can do legally. Deputy Knust: I have written the owners two letters, the last letter that I got back they are :going to, excuse me it wasn't the owners, it was the people who control the property, Country Oaks, Inc., their last response was they will be having a meeting with the owners on April lath to decide what they want to do with the pool. Mayor Verbic: I think something should be addressed to this and Deputy Knust I would appreciate your following through on this. Ladies thank you for coming tonight and bringing this to our attention. Mike Whelmei, 13 S. Clifton: I have been in this city now for quite a few years and have noticed the slowness in the city to react to the certain needs of our obvious, like the north end bridge. I think something has to be done with it, we just cannot keep on sitting on our hands and there is a need for another bridge. I think something should be-done real quick about it. Mayor Verbic: We haven't postponed anything. We have been very active in trying to obtain the financing and so forth. When you are dealing with, government agencies we have worked hard to get a bridge completed. We have worked on this for a great period of time and it has been frustrating for all of us. When you are tied up with red tape and,,-you have a potential cost of $11 million dollars, you don't take that out of the taxpayers pocket and we have been trying to get money through the federal aid urban program, the County and other agencies. VOLUME UME X i 1( ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Waters to adjourn the Council Meeting to 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 11:05 p.m. Marie Yearman, City Clerk 183 VOLUME XLIX April 23, 1984 184 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 23, 1984 at 8:30 p.m,, in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The invocation wa s given by Mayorlferb i c and the Pledge of Allegiance was led by Councilman Andersen. ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Schmidt, Shales, Wagers and Mayor Verbic. Absent: 'Councilman Gilliam. Also present: City Manager Leo Nelson, Corporation Counsel Erwin Jentsch, City Clerk Mai "te Yearman and members of staff. M1.NUTES ,OF -THE APR'I L. 9, . 1.984 COUNCII7 MEETING PPRO ED. "AS-PUBLISHED Councilman Waters made a motion, seconded'by Councilman Andersen, to approve the April 9, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED F'OR SALE-OF FIRE STATION PROPERTY LOCATED ON MORNINGSIDE DR. Mayor Verbic: The City has received one sealed bid for the sale of the subject property. This bid is for the entire parcel consisting of 4.721 acres is from David R. Lewis and Arthur A. Funk in the amount of $65,021. Said bid is accompanied with a -cashier °s check in the amount of $7,000. The minimum bid on this sale was $55,000. Councilman Hansen made a motion, seconded by Councilman Waters, to accept the sole bid for the sale of the Fire Department property on Morningside Drive. Yeas: Councilmen Andersen, Hansen,.Schmidt, Shales, Waters and Mayor Verbic. Nays: None.. BID AWARDED FOR WATER SERVICE MATERIALS Councilman Hansen made a motion, seconded by Councilman Schmidt, to award the bid for water service materials to the low bidder Water Products Company for a total net J°t-ice of $11,955.23. Yeas: Councilmen.Andersen, Hansen, Schmidt, Shales, Waters and.Mayor Verbic. Nays: None. 185 BID AWARDED "F "OR BARRICADES VOLUME XLIX Councilwoman Shales made a motion, seconded I Councilman Andersen to award the bid for 60 barricades, 0 flasher units and 320 batteries, to the low bidder Decker Supply Company for a total amount of $2323.00. Yeas: Councilmen Andersen, Ha.nsen,.Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TURF-MAINTENANCE PRODUCTS Councilman Waters made a motions seconded by Councilman Hansen, to award the contracts as per the recommendation from staff to Arthur Clesen,.$2,555a26; Lesco, Inc., $1,1+7.20, and Illinois Lawn Equipment, $220.00, Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. B I D AWARDED FOrR' SOUND SY'TEM F;OR HEMMENS Councilman Waters made a motion, seconded by C.ounci.Iman Schmidt, to award the bid for a,�;atnd,r inforcement and recording console to the low bidder, Full Compass Systems for a total amount of. $1696.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shale's, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR AUTOMATIC:: CHLORINATION SYSTEMS FOR, SWIMMING POOLS Councilwoman Shales made a motion,'seconded - by. Councilman Hansen, to award the bid for the swimming pool chlorination systems to the low bidder, Everclear Fools for a total amount of $4050,00. Yeas. Councilmen Andersen., Hansen, Schmidt, Shales, Waters and.Mayor Verbic. Nays: None. BID AWARDED FOR BACKSTOP FOR WING PARK HARDBALL DIAMOND Councilman Waters made a motion, seconded by Councilman Hansen, to award the bid for a backstop for the Wing Park Hardball Diamond to the low bidder, Fox Valley Fence and Supply for a total amount of $3851,00, with the authority to increase that amount by $352.00 should staff decide to consider the option of increasing the pipe size of the support posts. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters,and Mayor Verbic, Nays: None. VOLUME XLIX FINAL PLAT AL FOR RAYMOND W. YOUNG'S ERTY LOCATED ON LARKIN AVE. Roger Dahlstrom: The proposed subdivision is actually a re- subdivision of a previously platted lot and accordingly there are no proposed public improvements. The subject property is approximately 32 acres and is improved with a single family residence, an office and warehouse building. At its regular meeting of March 19, 1984, the Land Use Committee recommended approval of the preliminary and final plat approval subject to the following conditions: 1. Revisions to the final plat to include the City of Elgin and Centel Cable Television of Illinois within easement provisions; and 2. Compliance with all other applicable codes and ordinances, by a vote of 6 yes and 0 no. Mr. Young is here tonight if you have any'questions of him as the petitioner. Counsel Jentsch: That recommendation was subject to a an easement for a Gabel television and that doesn't appear to be on the copy that was furnished, so they will have to amend their plat to show that easement. The subdivision ordinance now requires that all new plats of subdivision include an easement for Gabel television, apparently that was overlooked when this was p.r°epared.� Councilman Andersen made a motion; seconded by Councilman Schmidt to approve the Final Plat, subject to the staff's conditions and the specified easement for cabel television. Yeas: Councilmen.Andersen, Hansen, Schmidt, Shales, Waters and.Mayor Verbic. Nays; None. PRELIMINARY PLAN APPROVAL FOR THE ELGIN 0' HARE BUSINESS C NT R. PROP R Y LOCATED AT Roger Dahlstrom: The proposed subdI'vision features approximately 40 lots to be developed with a shopping center, hotel, office, research and manufacturing uses. The property is approximately 185 acres. At its regular meeting of March 19, 1984, the Land Use Committee recommended preliminary plan approval, subject to the following conditions: 1. Revisions to the Preliminary Engineering Plans per the Engineering Division's letter of March 7, 1984; 187 VOLUME XLIX 2. Revisions to street names per the Bureau of Inspection Services; 3. Submission of a final plat or plats that are in substantial conformance to the revised preliminary plan, by a vote of 6 yes and O no. Mayor Verbic: I am sure that at this time Mr. Burnidge you cannot tell us too much about the detention areas. Charles B °urn i dge: Cary M 1 1 °r and the engineers for the project, we all met a week ago Monday and we discussed detention and some of the directions on that. So we are making good progress on all of the elements that still remain to be finalized. We are making progress and looking for final engineering sometime in May and at that time we will have the final plans on the detention basin. Mayor Verbic: This would be predicated on soil boring tests. Mr. Burnidge: Soil Borings and some of the direction that the water would be going in. We thought more of it would be going in an easterly direction,.so it is predicated on how the buildings are.designed and some of those areas that we are looking at too, but we are all on top of it and I look forward to a good solution. I don't see a problem. Counsel Jentsch: They will have to meet the ordinance at the time they apply for building permits, or change it when they come in with the final plan. Mayor Verbic: We don't have the cart before the horse at this particular time because when you read over the transcript they talk about it an address it, but there is nothing here that you can put your hat on as far as where you are at. I don't know if you are going to have two detention areas or whether you are going to have twenty -five. Mr. Burnidge: In the annexation agreement we did discuss that to a great extent and it is spelled out in the annexation agree- ment, which deals with this property. Counsel Jentsch: The annexation agreement simply provides that you are going to meet the ordinance, it doesn't say anything about where the detention areas are. You could have one in every lot, or you may have detention basins to serve several lots, we don't know that tonight apparently. Mayor Verbic: We don't have any obligation to service these. Counsel Jentsch: As it stands they would be private. They are not shown as dedicated on the preliminary plat. VOLUME XLIX Councilman Hansen: I believe from a cost standpoint to the city it would be to our advantage to have as few dedicated to the city as is necessary. They are expensive items for the city to maintain and if they can adhere to the ordinance and have those privately maintained, I think it would be to our advantage. Councilman Waters: I would . move that we approve the preliminary plan, subject to the conditions recommended by the Planning Department. Councilman Hansen: Mr. Mayor, 1 will second that motion. Yeas: Councilmen. Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION. 6 -84 'R'EQUESTI lilt - A REZONING FROM R. C1 AIM �7 17AM 19 v DFC II`ME-Air 'C Ric Ts i C: Tn Roger•Dahlstrom: The Planning aepartment­ received an inquiry on behalf of several of the owners of the subject properties regard- ing a rezoning from R -2 to B -3. The department determined that in view of the land use and zoning to the west and north, the subject properties and those located at 420 and 4.50 Waverly Drive should all be rezoned. The owners of all the parcels were invited to participate ln.a petition to rezone their property. The owners of 420 and 450-Waverly Drive declined the invitation. Collectively, the remaining subject properties occupy approxi- mately "5.3 acres and at present all four parcels are improved with single family residences. The-trend of development in the area of the subject properties is toward commercial and office use, the most recent development of that nature being the construction of the True Value Plaza. At its regular meeting of March 19, 1984, the Land Use Committee recommended approval of the proposed rezoning subject to the following additional c.onditions- 1. 895 Summit Street one point of access; 2. 927 Summit Street one point of access; 3. 939 Summit Street and 957 Summit Street will share a common point of access; by a vote of four yes and two no. Mrs. Irma Holfeld, 450 Waver1-y Drive This is residential and I am not in favor. I feel`it would be a devaluation of property as far as I am concerned. I am bordered on all sides, I don't know what kind of businesses would go in there and what they would back up to my yard with and I am not in favor of this. New VOLUME XL1X Mayor Verbic: We have your letter Mrs. Homfeldt, and I know exactly where you live and 1 can see why you feel the way you do. Mr. Fackles, 957 Summit St.: I am in favor of it. As long as the farm has gone and they figure on the three houses in front I am in favor of it. Mayor Verbic: You are one of the petitioners and you live on the corner of Waverly and Summit. Who initiated this petition.. Roger Dahlstrom: Originally we were contacted by the property owner of Sys Summit, owner of the larger parcel, the 4 acre parcel, and then due to his interest and the interest of the individual on the corner we felt that those two individuals were interested in rezoning and we could try to assemble a cohesive piece of property for 8-3 zoning rather than just have a spot here and there, that is the reason that we became involved in it. Councilwoman Shales: There didn't seem to be any plans for this property, someone mentioned they might like to use one of the homes for a hair salon, but that use could be done with an office zoning type of use which would keep the residential flavor and not disturb the residences around it. .1 am just wondering why the B -3 request. Mr. Fackles: Well, the riddle one Mr. Hillcrest, was the one that started it and then he came to me and then he went to Schaeffers, and they decided they would take the three pieces in the front and that is all 1 know. Dennis Jessien, P.O. Box 704, Elgin: I have been helping Mrs. Homfeldt with her yard and house for about the last three years, and I am against this particular zoning. If this were for a beauthy shop or real estate office where they would leave the residences there I don't think there would be any objection, but think the biggest objection in this particular area is the traffic. You cannot back out of the driveway onto Waverl ,,,Drive and i-t is even worse onto to`Summit. You have Lord's Park School there and you have many children walking along there a6&,,th &i,e are no sidewalks so they walk on the street in the winter time. If the parents of the - children were involved in this decision they would be here too. I have to critic.tze the way some of these ordinances are buried back in the back of the paper. If you are invo1,ued in a decision many people do not even see this notice and I think a lot more people would be here if they knew about it. Mayor Verbic: One of the big discussions at the Land Use Commission meeting was access onto to Summit Street. I notice there were some complaints on the one exit and entrance. I think it is pretty hard at this particular time to even think in terms of access depending upon what and who would be applying for the B -3 at the time they decided to come in and build on it. VOLUME XLIX scan think that during the years I have favored taking one piece at a time rather than going into four pieces because I don't think that we can see that far as far as access because we just don't know the type,of business that will go in there. Roger Dahlstrom: Our concern was more that interim type businesses that would operate out of a home wod1d not begin to open up a great many driveway approaches. Certainly if a specific site plan were before us for a specific business, we would evaluate that on a one on one basis. So we are a little more concerned about the interim use and access limitations as they would effect interim use than a particularly long term use. Mayor Verbic: Was there any discussion with your department regarding 0 zoning here, rather than B -3. Roger Dahlstrom: There was not, because there did not seem to be any indication from any of the owners that they were interested in 0 zoning and again the only specific proposal associated with this would not be allowed in 0 zoning classification, and would require a minimum B -1. Additionally, this entire area is an area that was identified in the Comprehensive Plan as an area center. One that could expand in a commercial fashion to serve a rather large segment.of the city, and consequently we would be looking toward a greater variety of uses at this location, one a variety that would probably be requiring a B -3 classification. if you look at the map this area is in the midst of a rather large B -3 zoning classification. Certainly we understand Mrs. Homfeldt's concerns about.. screening and we would like to remind her that a business classification here would be required to install six foot screening fence:between their use and hers, and also the off- street parking ordinance would have to be followed regarding whatever considerations there are for landscaping and things of that nature. Mayor Verbic: In other words staff feels that when you have a piece of property like this you felt it was best to go with the big parcel and rezone the other three small pieces. Roger Dahlstrom: Again, the non- cohesive nature of the original request, or interests expressed, led us to suggest to the owners that they try to contact the intervening owners and assemble a cohesive piece of property for rezoning. Councilman Andersen: If in the future all of these plots are assembled together for some venture I might take a look at it then, but right now I would make a motion that this petition be denied. (This motion died for lack of a second) Councilman Waters: I would make a motion that this petition be approved. Councilwoman Shales: I will second it so that we can vote on it. l a l VOLUME X L l X Councilman Waters: This Council voted without any hesitation to approve O zoning to parcels on South McLean Boulevard without having any projects in mind. The proposal here before us is in compliance with the Comprehensive Plan and I think the staff and the Planning Commission is leading us in a proper direction. I think that the possibility of assembling these parcels into a common - zoning and a facilitating development is consistent with and supported by our Comprehensive Plan as the-high-est and best use for this area and thus I am supportive of the petition. Mayor Verbic; One think i think Mrs. Holfeldt should be aware of and that is the fact that eighty - three or eighty -four hundred square feet is not going to cause any offensive surroundings. Joyce Fountain, 341 Longford: I assume some responsibility for being negligent and ignorant on the subject, but in,just listening to the discussion I as a homeowner in the area and also the mother of two children that do attend the Lord's -Park School, I have some concerns at this point to the rezoning with no specific project in mind. I don't know that if at a later date when you do have a prospective, if we will have the option of coming again and rezoning it because we don't feel they are an adequate business that we want in the neighborhood. I am also concerned with that would have on the c Council approved ahotfier not necessarily a reason this at this point and I little bit more and come they approve it. the increased traffic and the effect hildren in the area. The fact that the rezoning without a project in mind is to do it again. I am also opposed to wish the Council would pursue it a up with more concrete plans before Mrs. Holmfeldt: I called the Courier News and I put an ad in the paper, "Notice to Parkwood Residents ", this was so lost in the paper I couldn't even find it and I called and complained about it. I went through the paper four times before I found it and this was in regard to this meeting tonight. Councilwoman Sha'lesa I am going to vote for this with some trepidation, but I do believe that Summit Street i.s a busy street, it is not a residential street any more, it is a business street, and the B zoning does follow what I believe Summit Street has become, and it is not fit for residential use at this point. Yeas: Councilmen Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Andersen. VOLUME XLIX PETITION 9 ®84 REQUESTING A REZONING FROM R- 7 0, 1MMF PAM Il'v 4 "RrCI91FTC!rF' TllCTR1f T TC1 192 Roger Dahlstrom: The Planning Department received an inquiry from an owner of one of the subject properties regarding a rezoning from R -2 to B -3. The department determined that in view of the surrounding land use and zoning, the adjacent parcels, also zoned R -2, should all be rezoned to B -30 The owners of all the properties were invited to participate in the petition and all agreed to do so. Collectively, the subject properties occupy approximately 1.6 acres and are improved with single family residences. At its regular meeting of March 19, 1984, the Land Use Committee recommended approval of the proposed rezoning, subject to the following additional conditions: 1. tots 4 (1861 Larkin) share a common point 2. Lots 6 (1837 Larkir) share a common point by a vote of five's and one and 5 (1849 Larkin) will of access. and 7 (1835 Larkin) will of access, no Councilman Hansen: My question is that when you restrict parts of access, which certainly is correct in theory, how are you going to handle the possibility of one of these parcels being developed. If he has the B zoning he can certainly put a B use in there. Roger Dahlstrom: Again it would be our feeling that in the best interest of the city these properties would best serve the city if they could be assembled into a cohesive unit for a future commercial use. The restriction of access points would encourage that. Additionally, I think there would be some obvious traffic flow difficuly if we were to have four access points of a commercial nature, this close to one another, the lots are relatively n8rrow, especially for commercial use, and we would just be concerned about the crossing of traffic lanes making lefts and rights out of so many points of access within such a short distance. Councilman Hansen: I can appreciate your concern and I share them. My next question would be were all of the property owners aware of this restriction when they decided to be in favor of this rezoning. Roger Dahlstrom: Yes, they all attended the meeting. Councilman Hansen: So they all were aware of the fact that the sale ability of their property might be affected by the require- ments of access. 193 VOLUME X L I X Roger Dahlstrom: I don't know why they wouldn't be. Councilman Waters: Mr. Mayor,.I would move that Petition 9 -84 be approved subject to the additional recommendations of the Planning Department. Councilman Schmidt: I will second that motion. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, PETITION 13 -84 REQUESTING A REZONING FROM 5- 7 cz -Hi r-I PI K r--AM I I V DT7C °f nrrirr nic°rnir r rn Roger Dahlstrom: The subject properties were reserved by the developer during the final plat approval for Unit la'of Lord's Park. Manor, for a future fire station to serve the northeast section of the city. The city pruchased the four parcels in 1975. Last year, it was decided to locate the new fire station on Summit Street. As a result, the subject properties are no longer needed and will be offered for sale. The eight lots adjacent to the subject property were rezoned from R -2 to R -3 in 1974 in an attempt to buffer the single family residences from the site of the future fire station.. At i is regu l,ar meeting of. March 19, 1984, 1984, 'the Land Use ,Committee recommended approval of the proposed.rezoning on a vote of six yes and zero no. Councilman Hansen: Are these surrounding lots developed and are there two family houses on them now. Roger. Dahlstrom: They are developed with a;dup°>ex on all of t h em,.' Councilwoman Shales made a motion, seconded by Councilman Waters, to approve Petition 13 -84. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and.Mayor Verbic. Nays: None. PETITION 1484 REQUESTING A B -3 SERVICE BUSI NESS DISTRICT SPECIAL USE FOR AN OPEN SALES LOT, PROPERTY LOCATED AT 1358 DUNDE Roger Dahlstrom: Mr. James Healy desires to establish a motor vehicle open sales lot on the subject property. The subject property is improved with a commercial structure and a garage. The lot area immediately north of the commercial structure is paved. VOLUME.XLIX At its regular.meeting of April 2, 1984, the recommended approval of the proposed special following additional conditions: 1. Revisions to the site plan submitte a. Remove the easterly approach on and seed or sod. 194 Land Use Committee use subject to the d by the petitioner: Glenwood Avenue b. Remove the'existing garage. c. A solid six foot wood fence is to be constructed along the residence dis dct uoundary d. Compliance with Chapter 19.44:Off- Street Parking.. e. Substantial conformance to the revised site plan. 2. No motor vehicle repair or servicing is to be performed on the premises. Motor vehicle detailing /preparation for resale is to be permitted. 3. Compliance with all other applicable codes and ordinances. by a vote of four yes and zero no. Mr. Healy is here tonight and he is represented by Attorney Jerry Boose. Attorney Boose: This is Iocated on the west side of Dundee Avenue and it is immediately across the street from an open sales used car lot, which is located just south of Stewart and.Dundee. At the end of Stewart there is an open car sales lot which is.presently located in that particular area. The property is presently zoned B -3 and we are asking for this special use. Councilwoman Shales: Is Mr. Healy willing to go along with the conditions the Planning Department is recommending. Attorney Boose: Yes he is. Councilman Waters: The access for this project is on Glenwood and the drawings indicate that aibo. There are no restrictions in the department's recommendations regarding access to Dundee and I am.just wondering if that is appropriate. If this development were changed in anyway and access to Dundee were requested in the future could that be done automatically.. Roger Dahlstrom: We would interpret substantial conformance to this site plan as eliminating that possibility. Attorney Boose: If it would ease your mind Councilman, the petitioner is well aware of the fact that he is giving that right up and his access will be on Glenwood Avenue, so we can put that into the record. 195 VOLUME XLIX Councilman Waters: Jerry, my concern is not with this project as it is being presented to us tonight, -Mayor Verbic: What is happening is that South Grove is going up to Dundee Avenue, how many car lots do we have going from Congdon north up to Trout Park Boulevard. I can count four. Mayor Verbic: From Kimball to Trout Park Boulevard is there anything zoned R -2. Roger Dahlstrom: I don't believe there is any R -2 zoning remaining on Dundee Avenue. There is an over - abundance of commercial zoning on Dundee, most of the homes that are on Dundee Avenue are there because they were the result of premature and inconsistent zoning policies. Councilman Waters: I would make a motion that Petition 41 -84 be approved subject to the recommendations of the Planning Department, Councilwoman Shales: 1 will second that motion. Yeas: Councilmen Hansen, Shales, Waters and.Mayor Verbic. Nays; Councilmen Andersen and Schmidt. FINAL PLAT APPROVAL FOR WILLIAMSBURG COMMONS UN I T NO. I I ' 'PR0PERTY LOCATED SOUTH OF WEST H I GRHEL ND ' AVENUE ON NORTH LYLE AVENUE - - APPROVED Roger Dahlstrom: Williamsburg Commons features 90 single family lots and an approximately.9 acre parcel reserved for multiple family residences. At its regular meeting of April 16, 1984, the Land Use Committee recommended final plat approval subject to the following: 1. A school site cash contribution in the amount of $1,495.20 is to be paid prior to the issuance of a building permit; 2. A park site cash contribution in the amount of $2,150.64 is to be paid prior to the issuance of a building permit; 3. Approval of final engineering plans and specifications per the Engineering Division, and submission and approval of a subdivision completion bond per the Legal Department; 4. Compliance with all other applicable codes and ordinances; by a vote of five yes and zero no. Councilman Andersen made a motion, seconded by Councilman Hansen, to approve the final plat subject to staff's recommendations: VOLUME XLIX 196 Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. ORDINANCE PASSED-PROHIBITING PARKING ON CERTAIN:STREETS IN THE CITY OF,ELGIN Councilwoman Shales: Does the State ever approve limited kinds of parking, like on Sundays and Holidays, or evenings, or is it strictly no parking. F.am addressing Royal Boulevard and McLean, which is basically residential and when you remove parking from residential streets we really destroy, their residential use, or we make it very difficult for the people living there. Leo Nelson: I think that most of you realize that this is an IDOT requirement. If we are going to spend federal and state.money then we have to comply with their request and in this case it is,for no parking on McLean. I think the bigger problem might be on Royal, because it certainly does not carry the traffic that North.McLean does. I think it is just a matter of time, even if North.Mc,Lean would not warrant four lanes at this point, when Tyler Creek Plaza opens and if the other corner is also developed commercially you are really going to-generate much more traffic and it. is a.matter of time until McLean will have to become a four lane roadway, but Royal would be a different matter. Chief Van De Voorde: I live on the corner of McLean and Royal and I can justify the no parking on McLean, but there is not that amount of traffic on Royal to warrant no parking. This will cause a hardship on the residents living on Royal. Mayor Verbic: I suggest that Mel Dahl call the IDOT engineer to re-examine Royale Leo Nelson: I would suggest that you pass this ordinance and lets appeal, we can do it that way. If you don't -pass this ordinance they will not bid this project and it is up for May l9th. if you want to lose the project do ahead and table the ordinance. Mayor Verbic: Well then lets pass the ordinance and appeal the restriction. Councilman Waters made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 197 VOLUME XLix Ordinance No. G18 -84 AN ORDINANCE PROHIBITING PARKING ON CERTAIN STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36.05OM of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following parking restrictions: North McLean Boulevard, east side thereof, from a point 500 feet south of Royal Boulevard to Abbott Drive. North McLean Boulevard, west side thereof, from a point 500 feet south of Royal Boulevard to Mildred Avenue. North McLean Boulevard, both sides thereof, from Wing Street to a point 500 feet south of Royal Boulevard. Royal Boulevard, both sides thereof, between Scott Drive and North McLean Boulevard. Royal Boulevard, both sides thereof, from North McLean Boulevard easterly for a distance of 250 feet. 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. s,/ Richard L e Ve rb i c, Richard L. Ver71c, Mayor Presented: April 23, 1984 Passed: April 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Published- Aest: s/ Marie Y rman Marie Yearman, City Clerk VOLUME XLIX AUTHORIZA T1ON'TO SET PUBLIC HEARING FOR AMENDMENT TID XENN'I NGTON SQUARE ANNEXATION AGREEMEN=T Im Counciirnan Hansen made a motion,. seconded by Councilman Schmidt, to set May 29, J984, at 8 :00 p.m., for a Public Hearing on a proposed amendment to the Kennington Square Annexation Agreement. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF Councilman Hansen made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Councilman Waters: Mr. Mayor, may 1 ask Councilman Hansen if he would accept a friendly amendment to this resolution simply to go on record stating the': Council appreciat[,Qn to the Planning Commission for the work that they have done in preparing this recommendation and sending a copy of that to each of the members of the Commission. Councilman Hansen: I have no objection to that, please add that to the motion. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. Abstained: Councilman Waters. 199 VOLUME XLIX RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND Ca MJNITY 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 -nay 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 Twenty - Five Thousand Dollars C$825,000). 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 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. Ver ic, Mayor Presented: April 23,, 1984 Adopted: Apr i 1 23, 1984 Vote: Yeas 5 Nays 0 Abstained: Recorded: Attest: s/ Mara an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NO. G ?5 -81 TO PERMIT THE USE GF SOFT DRINK AND SNACK�� VENDING MACHINES Councilman Hansen made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None VOLUME XLIX Ordinance No. G17 -84 AN ORDINANCE AMENDING ORDINANCE NO. G25 -81 TO PERMIT THE USE OF SOFT DRINK AND SNACK VENDING MACHINES 200 WHEREAS, written application has been made to amend Ordinance No. G25 -81 entitled "An Ordinance Reclassifying Property Located at 722 -750 West Chicago Street, From M -1, Limited Manufacturing District, to the B -3, Service Busi- ness District, and Granting a Special Use for an Amusement Establishment" to permit the use.of soft drink and snack vending machines on the premises; and WHEREAS, the Land Use Committee has conducted a public hearing follow- ing notice by publication as required by law, and has submitted its written findings and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Elgin Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference. Section 2. That Section 3 of Ordinance No. G25 -81 be and is hereby amended to read as follows: "Section 3. That a special use for an amusement establishment be and is hereby granted subject to the following conditions: 1. 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 to June 15, excluding official school holidays. d. Adult staff is to be present on the premises during all hours of operation. 2. A bicycle rack is to be installed. 3. Compliance with all other applicable codes .and ordinances." 201 VOLUME XLIX Section 3. That all parts of Ordinance No. G25 -81 in conflict with this ordinance are repealed. Section 4.. That, except as amended herein, Ordinance No. G25 -81 remains in full force and effect. Section 5. That this ordinance shall be in frill force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Ver ic, yor Presented: April 23, 1984 Passed: April 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s /Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED AC'CE1'TI N'G : THE _PROPOSAL OF DONOHUE .& ASSOCIATES. 1N'C. FOR C-LEANING 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 XLIX 202 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 March 2, 1984 for cleaning and television inspection of sewers and to authorize such services at the rate specified but for not greater total cost than the sum of $18,000. s/ Ruchard L. Verbic Richard L. Verde, Mayor,,-_ Presented: April 23, 1984 Adopted: Apr; 1 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City-Clerk RESOLUTION ADOPTED ACCEPTING-THE PRO'PIISAL OF DONOHUE g ASSOCIATES. INC. FOR PRO- COMBINATION SEWER REHABILITAT!frN Councilman Andersen made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 203 VOLUME XL1X RESOLUTION ACCEPTING THE PROPOSAL OF DONOHUE $ ASSOCIATES, INC. FOR PROFESSIONAL SERVICES FOR CHICAGO STREET COMBINATION SEWER REHABILITATION 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 Donohue $ Associates, Inc. dated March 27, 1984 for professional services in the examination of the Chicago Street combination sewer, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. VeHic, Mayor Presented: April 23, 1984 Adopted: April 23, 1984 Vote Yeas 6 Nays 0 Recorded: Attest: LA s/ Marie Ye rman rie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING PROPOSAL OF UALI TY AST RANCE TESTING Councilman Water's 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 XLIX 204 RESOLUTION ACCEPTING PROPOSAL OF QUALITY ASSURANCE TESTING 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 proposal of Quality Assurance Testing for the material testing of the east side water transmission main, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Ve—rTic, Mayor Presented: April 23, 1984 Adopted: Apr i 1 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED- REQUESTING PERMIT FROM STATE DEPARTMENT OF 'PUBLIC - WORKS AND BUILDINGS TO CLOSE PORTIONS OF FOOTHILL ROAD AND HIGHLAND AVENUE FOR ANNUAL PARADE Councilman Hansen made a motion, seconded by Councilman'Schm`idt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 205 VOLUME XLIX RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE PORTIONS OF FOOTHILL ROAD AND HIGHLAND AVENUE FOR ANNUAL PARADE WHEREAS, the Elgin Board of Realtors desires to hold their annual Realtor's Run on Foothill Road and Highland Avenue on Sunday, April 2.9, 1984 at 2 :00 p.m.; and WHEREAS, said parade will require the closing of a portion of Foothill Road from Brookside to Airlite Street and Highland Avenue from Randall Road to St. Thomas More Drive; 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 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.L, Verbic Richard L. Verbic, Mayor Presented: April 23, 1984 Adopted: April 23, 19`84 Vote: Yeas 6 Nays 0 Recorded: At est: s/ Marie Yea. man Marie Yearman; City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM 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 XLIX 206 RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF WELD ROAD FOR ANNUAL BIKE- A -THON WHEREAS, the American Diabetes Association desires to hold its annual Bike- a -Thon on Weld Road on Sunday, May 20,.1984 at 9:00 a.m.; and WHEREAS, said Bike- a -Thon will require the closing of a portion of Weld Road from Second Street to South 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./ R i chard L. Verb i c r L. er ic, Mayor Presented: April 23,.1984 Adopted: April 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest- s/ Marire ye4man Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING' PERMIT Councilman Andersen made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. 207 VOLUME XLIX 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 marathon race within the city limits of Elgin, on Monday, May 2.8, 1984, from 8:00 a.m. until 12:00 p.m., conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to close portions of State Route 20, Route 19, Route 58, Route 31 and Route 25 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes, It.is further agreed that an efficient and all weather detour will be maintained and conspicuously marked for the benefit of traffic diverted from the state -routes. s/ Richard.L. Verbic R1 ar: L. Vieibic, Mayor Presented: April 23, 1984 Adopted: April 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO.CLOSE A PORTION OF FOOTHILL ROAD FOR B I KE- A-TH_O'N 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 XLIX RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF FOOTHILL .ROAD FOR BIKE- A -THON WHEREAS, the American Cancer Society desires to hold a Bike- a -Thon on Foothill Road on Sunday, May 20, 1984 at.11:00 a.m.; and WHEREAS, said Bike- a-Thon will require the closing of a portion of Foothill Road from Brookside Drive to Airlite 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 try 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 Lo Verbic Richard L. Verbic, Mayor Presented: April 23, 1984 Adopted: Ap r i 1 23, 1984 Vote: Yeas b Nays 0 Recorded- Attest: ea man Y Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE VILLAGE OF BARTLETT W. 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. 209 VOLUME XLiX RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THTE VILLAGE OF BARTLETT 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 the Village of Bartlett to permit the use of radio facilities, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic RicharJ L. Verbic, My—or Presented: April 23, 1984 Adopted: April 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Aest: s/ Marie Y rman Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING EXECUTION Councilman Andersen 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 XLIX 210 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN HOUSING AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement with the Elgin Housing Authority to permit -6he use of radio facilities, a copy of which is attached hereto and made a part hereof by reference. s/ Richard Lo Verbic Richard L. Verbic, Mayor Presented: April 23, 1984 Adopted: April 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man rie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION 21 Councilwoman Shales: What is the Bluff City Tower Corporation. Leo "Nelson: It is a private corporation th'at'mainta. ins a.radio tower on Bluff City Boulevard. I don't know what business they conduct. Deputy; :H6 ne. Its a private corporation it happens to be owned by one of our police officers, Richard Tucker, and he has chosen to put a tower on his property at 1010 Bluff City. I think in the future he intends to :operate various communication types of businesses there, pagers and so forth, It just so happens that his tower is perfectly suited for our new communications system and hence the agreement. 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. 211 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BLUFF CITY TOWER CORPORATION VOLUME XLiX BE IT RESOLVED BY TIE 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 di- rected to execute an agreement with the Bluff City Tower Corporation to permit the use of radio facilities, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbjc Riaiard L. Ver ic, Mayor Presented: April 23, 1984 Adopted: Apr i 1 23, 19$4 Vote: Yeas 6 Nays 0 Recorded: Attest: "I s/ Mari e Ye man Ririe Yearman, City Clerk RESOLUTION . ADO.PTE D .AUT'HOR I Z l NG EXECUTION Councilman Andersen 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 XLiX RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY BE TT 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 the Illinois State Toll Highway Authority to pert the use of radio facilities, a copy of which is attached hereto and made a part hereof by reference. y� s./ Richard L. Verbic Richard L. Ver ic, Mayor Presented: April 23, 1984 Adopted: April 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest; s/ Marie Yea an rie Yearman,, City Clerk 212 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Bruce Municipal Equipment $21852.05 Reparfs to Sanitation Truck #275. United Diesel Service $7,889,00 Repairs to Bus ##8093. Mary Kay Martensen $1 , 544,4.0 ..,-Herschel-, G l er n Case — Court Reporter Transcript fee. CCADA $2,800,88 Alcohol Safety program Councilwaman Shales made a motion, seconded by Councilman Schmidt, to approve the aforementioned payments. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays; None. 213 VOLUME XLIX REPORTS RECEIVED ,AND ORDERED PLACED ON FILE Water Department Report Cemetery.Department Rep. Board of .Health Minutes Elgin Police.De.partment Public Works Re ort for Budget Summary /9/84 for March, 1984 art for March, 1984 1/9/84 lst Quarter 1984 Crime Report 1984 Councilman Hansen made a motion, seconded by Councilman Schmidt, to place the above mentioned reports on file. Yeas: Councilmen Andersen, 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 to• 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 10 :00 P.M. Marie Yearm.anV City Clerk VOLUME XLIX May 14, 1984 214 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 14, 1984 at 8 :40 p.m., in the Council Chambers of City Hall. The meeting was called to order by- Mayor Verbic. The Invocation was given by Reverend Martin W. Balzer of the Good Shepherd Lutheran Church, and the Pledge of Allegiance was led by Councilwoman Shales. ROLL CALL Roll call was answered by Councilmen Anders-eh, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. MI NUTES .O.F THE AP .J I_ . 23, 1984 COUNCIL ET1NG APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Counc H woman Shales, to approve the April 23, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, COMMUNICATIONS Annual Police Department Awards Mayor Verbic, Chief Baird and Deputy Police Chief Heine presented the following awards: Officer Robert Bj orkl and Officer Robert Christ Captain David Copher De- tective James Lamkin Senior Patrolman John Panzloff Captain Allan Piske Officer Terrence Sterricker Detective Edward Ufland Meritorious Service Award Meritorious Service Award Meritorious Service Award American Legion, Policeman of the Year - 1983 Meritorious:Service Award Meritorious.Service Award American Legion, .Policeman of the Year - 1983 Meritorious Service Award Petitions resented to Council from residents living east of E in on Berner Drive ana. Dale Road regardinq the proposea annexation of t is ro ert Hoffman Estates. Ed Schmidt, Berner Road: I guess you are well aware of what is happening with our neighbor Hoffman. Estates and we are not too happy about it. We were hoping that Elgin would have taken it in sometime ago and would go out to Route 59a We have a petition here, the text of which reads: We would like to bring to your attention the recent move made by the Village of Hoffman Estates to annex and rezone the area surrounding our homes on Berner and Shoe Factory Roads. 215 VOLUME XLIX It has long been our expectation that we would eventually be annexed to Elgin, Illinois, which it was and is our desire. We hope that you would take every means to stop Hoffman Estates from their immediate intent and proceed to annex us to Elgin. We have the signatures of over ninety per cent of the people out there in that area. Mayor Verbic: We are happy to have you come to us tonight and 1 am sure our Corporation Counsel, Mr. Jentsch, will look into this matter and give us a legal opinion, Councilwoman Shales: How close can Hoffman Estates come to Elgin. Counsel Jentsch: To any territory that is not already incorporated. I will call Mr. Schmidt and get all of.the details® Councilman Hansen: Do we have any boundary agreement with Hoffman Estates, Council Jentsch: No. BID AWARDED FOR SPARTAN MEADOWS PARKING LOT REHABILI ATION Councilman Waters made a motion, seconded by Councilman Hansen, to award the bid for the parking lot rehabilitation to the low bidder, Curran Contracting Company, for an amount not to exceed $11,995,00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. BID AWARDED FOR THREE COMPACT CARS Councilwoman Shales made a motion, seconded by Councilman Schmidt, to award the bid for three Chevrolet Cavaliers for the Water, Fire and Bureau of Inspection Services Departments to the low bidder, Biggers Chevrolet, for a total 'net price of $18,440000, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TWO PICK -UP TRUCKS Councilman Gilliam made a motion, seconded by Councilman Schmidt, :to award the bid for two pick -up trucks for the Public Works Garage and the Parks Maintenance Division to the low bidder, Biggers Chevrolet, for a total net bid price of $15,205.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX BID AWARDED FOR PIANO FOR HEMMENS BUILDING 216 Mayor Verbic: Six bids were received for the piano and Ed Spurr who is the manager of Hemmens requested the bid on a Yamaha. He pxqferred this p.Fano because internally it has a metal action rail, rest rail, and pedal rods which he felt will hold up better than Wurlitzer wooden parts in our extremely dry building and can take the abuse of going in and out of the orchestra pit. Mr. Spurr further advised the piano we buy for the Hemmens Auditorium must take an extreme amount of wear and tear going from upsta -irs to downstairs and into the orchestra pit and up on risers. This same piano must also sound as though it has been just sitting in a room being tuned regularly. The low bidder for this type piano is from Hendricks Music for a total net price of $2,110.92. Councilwoman Shales made ,a motion, seconded by Councilman Gilliam, to award the bid to Hendricks Music for the purchase of a Yamaha piano for a total of $2,110,92, Councilman Schmidt: Is there anyone riho is really familiar with these different pianos, Mike Sarro: We have a letter from Daniel Maki, Director of the ECC Conservatory, who did some research into this. We received the letter at 4:30 Friday afternoon, which was too late for the Council's packet. The letter attempts to explain the relative merits on one piano over the other. (Subject letter was passed out to the Council) Dick Morford from Bell- Morford: I don't agree with what has been said about the specifications of the Yamaha piano being a better piano, that is a matter of opinion. This metal main rail that they are talking about is an inconsequential part in the piano. Wur-Ittzer uses hard rock maple, they have for a hundred years, they unconditionally guarantee that action for ten full years, including all parts, all labor, all transportation, you don't have to send it back to Japan. The Yamaha is a higher priced piano that does not necessarily mean it is a better piano. Elgin Community College has purchased our Wurlitzer pianos and has been very satisfied with them. Northern University has also purchased our Wurlitzers and have been very satisfied with them. We are a local dealer and we will take care of the piano if something does happen to it. We have a qualified technician right in town and I feel for the difference in the money that the City of Elgin would be getting a better buy by a Wurlitzer. By spending more money does not necessarily mean that you are getting a better piano, that is merely somebody.'s opinion. Mayor Verbic: We have a motion and second to purchase the Yamaha, and if there is no further discussion I will ask the Clerk to call the roll. 217 VOLUME X L I X Yeas: Councilmen Gilliam and Shales. Nays: Councilmen Andersen, Hansen, Schmidt, Waters and Mayor Verbic, Councilman Andersen made a motion, seconded by Councilman Schmidt, to award the bid for a Wurlitzer piano to the low bidder, Bell - Morford for $1895.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: Councilman Gilliam. BID AWARDED FOR PETROLEUM PRODUCTS Councilman Gilliam made a motion, seconded by Councilman Hansen, to award the bid to the low bidder, Boncosky Oil Company, for $3,640.05. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic; Nays; None. PETITION 8 -84 REQUESTING A REZ'C K I NO FROM B-1 COMMUNITY BUSINESS.DISTRICT Mayor Verbic We need a motion to take this matter off the table. councilwoman Shales made a motion, seconded by Councilman Gilliam, to remove this matter from the table for further discussion. Yeas Councilmen Andersen, Gilliam, Hansen, Schmidt,.Shaies, Waters and Mayor Verbic. Mayor Verbic; We do have a motion on the floor at the present time to deny the•Petition, which was made at the April 9th Council meeting by Councilman;Andersen and seconded by Council- woman Shales. Councilman Andersen: l will make a motion 'o withdraw my motion for denial. Councilwoman Shales: I will second that motion. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, Attorney Boose: The last timewe were before you the concern was that we had additional traffi -c on Surrey Court. That was the major issue, the one of the traffic. We are proposing to you to put an island in here, which would not delete any parking spaces, which would stop any traffic coming from the existing apartment building on Surrey Court into the new proposed building and to provide access through an easement and exit onto Larkin from that 30 -unit apartment building. The major problem if you will recall was ingress and .egress. We would propose that as an alternate and leave it to your discretion. VOLUME XLIX 218 We would remind you that we have improved the congestion over here at the end of Surrey Court by adding an additional 22 spaces to this particular plan for the existing building over on Surrey Court. So we now will meet all existing parking ordinances 4na-the City of Elgin. The second concern of the group at the time was the indication of density and we would remind you that the density, as per staff, on the area to the west, which is the Surrey Court area, is exactly the same as we are proposing, which is exactly°,what your ordinance calls for, one unit for 1800 square feet. We are providing one unit for 1819 square feet. Additionally, we would remind you that we have worked out all problems in terms of the fire department in terms of the fire lane. Finally we would say to you that without any additional cost and improvements to the City, we would hopefully bring a quality building to the City of Elgin and an addition to the tax rolls which we would hope that you would consider. We feel that the amount of additional taxes per year for all of the taxing districts will be approximately $20,000 or more, just from the addition of this additional building. Mayor Verbic: Did I understand you to say that you are going to have the exit and entrance using the fire lane to Larkin Avenue. Attorney Boose: No, the proposal is that the people from the proposed building would park here and they would have ingress and egress if that is the Council's desire. The fire lane would be along the ingress and egress route. For the old building what we are doing is we are continuing to use the Surrey, but we are adding 22 additional parking.spacesa Councilman Waters: Has the staff had a chance to evaluate this new proposal, Attorney Boose: It is our understanding that Mr. Fitzsimmons talked with the staff about this particular location and the dividing of the parking lot and he was told by Mr. Deering that it is really what the Council wants. We are prepared to offer two alternatives, we could go out on Surrey, we could go out on Larkin or you could divide the two in half. Mary Kungie: If we are taking this now as two separate parcels, we are looking at something else again, we are no longer looking at a PUD, or so- called PUD.. Mayor. *Verbi.Q: 1 think that is a very interesting observation and I concur with what you are saying. Mary Kungie: At the April 9th Council Meeting the following question was asked. What reasons can we use to deny the request other than political reasons. I propose the following question, 219 VOLUME XLIX what reason can the Council use for approval. Today with the help of the Research Department at Northeastern Illinois Planning Commission 1 have comp! :led the following: According to the 1980 United States Census and the 1982 report issued by Northeastern Illinois Planning Commission, there are in Elgin 24,892 housing units, of which 9,644 are renter occupied* and 13,819 owner occupied. This translates�Lhttto a 6% vacancy rate at any given time, so need is not the basic reason to rezone, The medium income level in Elgin is $19,888 per year before taxes, so a demand for a $500,00 per month rental unit doesn't wash. Its a known fact that single and multiple unit residents consume more services than is recovered through taxes, therefore the City budget would face a greater negative fiscal impact, so tax base is not .a sound reason to approve rezoning. The City staff's comprehensive plan for"I fill projects is commendable. However, is with many ideas and plans there are exceptions and we argue that this is one of those exceptions. If projections are accurate and we are to grow is it good planning to rezone the landlocked parcel with easement onto Larkin. We already know the City staff's position on dumping traffic onto Larkin Avenue. The clear and simple truth as we see it is that a decision was made to take advantage of Larkin Avenue frontage, leaving a white elephant to be disposed of, please we do not need another white elephant; Let our legacy be that of wise planning, something we can all be proud of; Councilman Hansen. I have one question of the staff. Does the proposed development meet the PUD requirements in any one of the three modes that Attorney Boose just delineated for us. Roger Dahlstrom: This project has been conceived as a planned unit development for two reasons. One is that it calls for a density in excess of standard R -4 density numbers and it does not have any specific street frontage. Those are the only two departures that requirement the development to be a planned unit development. The provision of more than one access point is not relevant to the planned unit development criteria in Elgin's ordinance. Councilman Hansen: My question really is does it meet the criteria of a PUD. Roger Dahlstrom: It meets the basic criteria, but as all special uses it has to be evaluated on a one by one basis, that is why all planned unit developments come before this body, but yes it does meet the basic criteria. VOLUME XLIX Mayor Verbico You have 30 units in a little over an acre and you are going to use shrubbery rather than have any open space. The other apartment does have youngsters where do you suggest there will be open space for these youngsters We talk about open space all of the time, when developers come in with projects we are always looking at open space. Here we are putting 30 units on a little bit more than an acre right next to another crowded apartment building. I read in the transcript that in a period of 18 months over 19 police problems, fires and so forth and now you are adding to the complication over- density in that small area with no open space, Roger Dahlstrom; Police and fire considerations the nature of which have been reported at this site are not necessarily land use considerations. We cannot consider them a land use consideration. Likewise the standard in the City's zoning ordinance allows for 24 units per acre in a planned unit development. It is a standard that exists and if the standards can be met the staff must take certain positions,based on existing standards in the ordinance. As a special use it comes before this body for your consideration on more of a conceptual basis. I would also like to mention that the figures that were given for number of units and vacancy figures are four years old. Councilwoman Shales: This is not only rezoning, but it is a special use approval. Soecial use as outlined in our zoning book, Chapter 19.48 by definition a special use must be considered in each case in light of the impact upon the neighboring lands and the public need for that particular use in that particular location. The standards which a. special use must meet are (a) that it is necessary for the public convenience at that location; (b) that it is so designed and located, and proposed to be operated that the public health, safety and welfare will be protected, and (c) that it will not cause substantial injury to the value of other property in the neighborhoods in which it is located. In this particular request for special use approval I feel the neighborhood is being asked to pay the penalty for poor land planning and development practices and for inflated land prices, and therefore I will be voting against this particular special use request. 220 Councilman Andersen made a motion, seconded by Councilman Hansen, to approve Petition 8 -84. Councilwoman Shales: Does that include the exit onto Larkin or the way it was proposed two weeks ago. Councilman Andersen, A motion for the petition as it is stated here. 221 VOLUME XLIX Mayor Verbic: Would this motion include ingress and egress onto Larkin Avenue. Councilman Andersen: Well they just threw that at us tonight and am addressing myself to the material in tonight's agenda.. Councilman Hansen: I would move that we amend the motion to include the roadway connecting Larkin to the new structure, or PUD. Councilman Gilliam: Second. Yeas: Councilmen Gilliam, Hansen and Schmidt. Nays; Councilmen Andei sen Shales `� J Ma YYaterS and Mayor Verbic. Mayor Verbic: The amendment on the entrance and exit. to Larkin Avenue was defeated. Now we have a motion on the floor for the approval of the petition. Clerk will call the roll. Yeas: Councilmen Gilliam, Hansen, Schmidt. Nays: Councilmen Andersen, Shales, Waters and Mayor Verbic. ORD I'NANC-E ` PASSE`D AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES,AND BURIAL SERVICES Councilman Hansen made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen,..Schmidt, Shales, Waters an.d Mayor Verbic. Nays.- None. VOLUME XLlx Ordinance No. G19 -84 AN ORDINANCE AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1.. That Section 2.24.200 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "2.24.200 Lot or grave space -- Purchase price. A. The cost of lots is established at the rate of two hundred ninety dollars per grave space; of this amount one hundred fifty dollars shall be credited to the general fund and one hundred dollars to the perpetual care fund. However, if the sinking fund is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. B: The cost of single grave spaces (in the single grave sec- tion) is established at one hundred eighty -five dollars; of this amount one hundred ten dollars shall be credited to the general fund and fifty dollars shall be credited to the perpetual care fund. C. The cost of infant grave spaces is established at seventy dollars. The cost of infant grave spaces in the adult section is established at two hundred ninety dollars. D. The cost of lots in Section 2 -A is established at the rate of three hundred seventy dollars per grave space; of this amount, two hundred dollars shall be credited to the general fund and one hundred twenty -five dollars to the perpetual care fund. However, if the sinking fund is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. E. The cost of lots in the memorial sections is established at the rate of two hundred sixty -five dollars per grave space; of this amount one hundred fifty dollars shall be credited to the general fund and seventy --five dollars to the perpetual care fund. However, if the sinking fund is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. F. On January 1, 1985 all grave spaces in A shall increase twenty dollars; all grave spaces in B shall increase ten dollars; all grave spaces in C shall increase five dollars and twenty dollars respectively; all grave spaces in D shall increase twenty -five dollars and all grave spaces in E shall increase fifteen dollars, to be credited to the general fund." 222 223 VOLUME XLIX Section 2.. That Section 2.24.030 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "2.24.230 Fees for burial services- The superintendent shall demand and shall receive the following fees in advance.. Fees charged to the account of local undertakers shall be paid within twenty days after services furnished. Effective Effective Services 1/1/84 1/1/85 A. Burials 1. Adults, including tent Weekdays, 8:00 AM - 4:00 PM $ 320 $ 340' Weekdays, after 4:00 PM 375 425 Saturdays, 9:00 AM - 1 :00 PM 400 5.00 Saturdays, after 1:00 PM 475 575 Sundays and Holidays 475 575 2. Infants (48" grave box and below) Weekdays, 8:00 AM - 4:00 PM 75 80 Weekdays, after 4 :00 PM 130 140 Saturdays, 8 :00 AM - 1:00 PM 150 160 Saturdays, after 1:00 PM 200 225 Sundays and Holidays 200 225 3. Public Aid (grave, grave box and burial) (State of Illinois to pay $200; funeral home to pay $g8) Weekdays, 8:00 AM - 3:00 PM only 298 298 4. Disinter /Reinter Adult disinter, weekdays, 8:00 AM - 3:00 PM only 345 365 Adult reinter, weekdays approval of Cemetery 8:00 AM - 3:00 PM only 295 315 Infant disinter, weekdays, 8:00 AM - 3:00 PM only 110 115 Infant reinter, weekdays, on the grounds) 8:00 AM - 3:.00 PM only 75 80 5. Cremations (Permanent container required, subject to approval of Cemetery Director) (Cremains shall not be scattered on the grounds) Weekdays, 8:00 AM - 3:00 PM 85 90 Saturdays, 9:00 AM - 1 :00 PM 140 150 Saturdays, after 1:00 PM 240 250 Sundays and Holidays 240 250 VOLUME XLIX Effective Effective 224 Services 1/1/84 1/1/85 6. Place Casket in Mausoleum Weekdays, 8:00 AM - 3:00 PM $ 160 $ 170 Weekdays, after 3:00 PM 215 225 Saturdays, 9 :00 AM - 1 :00 PM 295 305 Saturdays, after 1:00 PM 370 380 Sundays and Holidays 370 380 B. Vault Setting 100 110 C. Grave Box Setti_a 100 110 (Except for Public Aid. Public Aid shall be 50% of normal fee) D. Grave Box 110 120 (Except for Public Aid. Public Aid boxes sold at current cost plus 100) E. Cremation Grave Box 55 60 F. Tent (Other than adult burials) 35 40 G. Sodding or Resodding 1. Adult Grave 30 35 2. Infant Grave 30 35 H. Care of Vases or Urns, Each 20 30 1. Foundation Charge 20 25 J. Deed Transfer 15 20 K. Seasonal Care 1. Single Grave Lot 10 15 2. Two Grave Lot 13 18 3. In excess of two grave.spaces, each additional grave space 3 5 L. Perpetual Care 1. First Grave Space 100 110 2. Each Additional Grave Space 100 100 (Perpetual care shall be paid on entire lot prior to setting or engraving headstones or monuments on any portion thereof)" 224 225 VOLUME X LIX Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard Lo Verbic Richard L. Verbic, Myer Presented: May 14, 1984 Passed: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: S / Marie Yedrman Marie Yearman, City Cler ORDINANCE PAS'S'ED AMENDING THE 1983 BUDGET ORDINANCE Councilman Hansen: I presume that this is just to get the books in balance, am I correct. Counsel Jentsch: This is designed to 'provide the basis for the auditor's opinion regarding these funds. It is a form of what you have in fact done, Councilman Gilliam made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbico Nays: None. VOLUME XLIX 226 Ordinance No. T2 -84 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: CITY OF ELGIN 1983 BUDGET AMENENIENTS s/ Richard L. Verbic Richard-77. Ver ic, Mayor APPROVED AMENDED 1983 1983 INCREASE FUND AND DEPARTMENT BUDGET BUDGET (DECREASE) 330 - Spring St. Parking Construction Expenditures: 912 Transfer for Financing (Debt) $ - $300,000 $ 300,000 990 New Construction 380,000 80,000 (300,000) $380,000 $380,000 $ - 455 -- Spring St. Parking Oper. Fund Means of Financing: t 662 Transfer for Financing (Debt) $ - $300,000 $ 3002000 6641 Transfer From SSA II (Debt) 2642170 39,025 (225,145) 698 To Be Provided Other Sources 74,855 - 74,855) $339,025 $339,025 $ - 630 - Risk Management Fund Means of Financing: 6505 Insurance Charges - Medical .$634,865 $738,330 $ 103,465 6506 Insurance Charges - Life 16,575 20,665 4,090 6507 Insurance Charges - Unemploy. - 40,640 .40,640 $651,440 $799,635 $ 148,195 Expenditures: 871 Medical Insurance $ 70,745 $174,210 $ 103,465 872 Life Insurance 16,595 20,685 4,090 873 Unemployment Insurance - 40,640 40,640 $ 87,340 $2.35,535 $ 148,195 Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ Richard L. Verbic Richard-77. Ver ic, Mayor 227 Presented: May 14, 1984 Passed: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest.: s/ Marie Ye &man Marie Yearman, City Clerk VOLUME XLIX ORDINANCE GRANTING A SPECIAL USE FOR AN OPEN SALES LOT AT UNDEE AVENUE - TABLED Councilman Gilliam: Rather than vote against this, which I think I would do, I would rather table it until the staff brings back some type of recommendation of what they are going to do, because if we approve it and then turn right around a month from .now and tell that person that we don't want it there it would seem like we are confusing that individual. Roger Dahlstrom: This lot would have to be consistent with the City's present off - street parking ordinance, which would provide for screening and site development. Hopefully it takes a different form than some of the ones we saw earlier tonight. Councilman Schmidt: Could we include a new curb and gutter out in front of this place of business and removing the asphalt out on the treebank, putting that into a green area, or are we too late for that. Roger Dahlstrom: As I recall in this particular instance we may not have the ability to do that and make this a useable lot for that purpose. I am sorry I did not know .this was going to come up and I do not have the site plan with me. Councilman Schmidt: It was only brought up because of the pictures we saw earlier this evening. Councilman Hansen: To get this off dead center I will make a motion that we approve this ordinance. Councilwoman Shales: I will second that.. Councilman Waters: ,lust to test where we are I am going to move that this.motion be tabled and that the staff review this in light of our conversation this evening to make certain that the plan that is being presented is consistent with what seems to be the intent of the Council expressed earlier this evening. Councilman Schmidt: I will second that. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. (Nays: None. VOLUME XLIX 228 ORDINANCE REC LASS I FY I NG 'PROPERTY AT 895, 927, 939 AND 957 SUMMIT STREET FR -OM R-7 SINGLE FAMILY RESIDENCE DIST —R 7 T TO B-3 SERVICE BUSINESS DISTRICT -- TABLED Councilman Gilliam made a motion, seconded by Councilwoman Shales, to table the forementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Maters and Mayor Verbic. Nays: None. ORDINANCE PASSED RECLASSIFYING PROPERTY, Councilman Maters 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. 229 VOLUME XLIX Ordinance No. G22 -84 AN ORDINANCE RECLASSIFYING PROPERTY AT 1083 AND 1097 HIAWATHA DRIVE AND 1084 AND 1098 IROQUOIS DRIVE FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT R -3 TWO FAMILY RESIDENCE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 1083 and 1097 Hiawatha Drive and 1084 and 1098 Iroquois Drive, Elgin, Illinois, from R -2 Single Family Residence District to R -3 Two Family Residence District; and WHEREAS, the Land Use Committee has conducted a public hearing after due no-" -ce and sub„ tted its written findings 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 CI'T'Y 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 -3 Two Family Residence District, the following described property; Lot 371 of Unit No. 10 of Lord's Park Manor Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. ALSO Lot 370 in Unit No. 10 of Lord's Park Manor Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. ALSO Lot 368 of Unit No. 10 of Lord's Park Manor, Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. ALSO Lot 369 of Unit No. 10 of Lord's Park Manor, Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois." VOLUME XLIX Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. Presented: May 14 1984 Passed: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk RM s./ Richard.L. Verbic Rich ar d L. Verbic, yor C LASS i FY 1 NG PROPERTY 230 Councilman Waters made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 231 VOLUME XLIX Ordinance No. G23 -84 AN ORDINANCE RECLASSIFYING PROPERTY AT 1835, 18371 1849 AND 1861 LARKIN AVENUE FRCI R--2 SINGLE FAMILY RESIDENCE DISTRICT TO B -3 SERVICE BUSINESS DISTRICT WHEREAS, written application has been made to reclassify certain property located at 1835, 1837, 1849 and 1861 Larkin Avenue, Elgin, Illinois, from R -2 Single Family Residence District to B--3 Service Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; ar�u 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 B--3 Service Business District, the following described property: Lot 4 in Map No. 4 Fox River Hills, Elgin Township, 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,Courcil. s/ Richard Le Verbic Richaril L. Verbic, mayor Presented: May 14, 1984 Passed: May I4, 198+ Vote: Yeas 7 Nays 0 Recorded: Published: Attest: S / Marie Yea an Marie Yearman, City Clerk VOLUME XLIX RESOLUTION ADOPTED REGARDING THE 1984 ETHNIC FEST Tyrst Anderson: Once again the Elgin Jaycees are proud to be a sponsoring organization for the Elgin Ethnic Fest. 1 know a couple of years ago we came before the City Council and asked for some support and endorsement and the City has backed us for the first couple of years. The first year I had coupon books for the Council people to go down and enjoy the food, this year we are offering all sales on a cash basis, we won't be dealing with the coupons, but tonight we would like to make a presentation to Betsy Armistead, a staff person who has done a whole lot of work with the Jaycees in promoting the Elgin Ethnic Fest. (Mr. Anderson presented Mrs. Armistead with a plaque of appreciation) 232 We would like to give the entire City Council a plaque, each one of you. However, our budget was a little thin and we are going to make a presentation to the Mayor for his,support and endorsement of the Elgin Ethnic Fest. Once again we will be running this event in the•Mall, May 26th and May 27th. We are doing a lot of promotion and publicity and hopefully it will again be as good as it has been in the past in bringing a crowd down into the Mall. I think we have achieved that goal. Mayor Verbic: Thank you Tyrst and all you fellow Jaycees for the work that I know they are going to put in for this event and we hope that the people of Elgin will provide the support so necessary for this event. 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. 233 RESOLUTION REGARDING THE 1984 ELGIN ETHNIC FEST VOLUME XLIX WHEREAS, it is the goal of every municipal official in Illinois to strive to improve the quality of life in his or her community; and WHEREAS, community needs and problems can best be determined and solved through cooperative effort between elected officials and those citizens they represent; and WHEREAS, the purposes and plans of the Elgin Ethnic Fest are designed to identify and celebrate the diversity of Elgin's ethnic heritage; and WHEREAS, the Elgin Jaycees has provided an opportunity for the City of Elgin to again celebrate the ethnic heritage of the City by sponsoring the 1984 Elgin Ethnic Fest; and WHEREAS, this young men's organization has successfully brought thousands of people into Fountain Square Plaza to celebrate the first two Ethnic Fests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin does hereby go on record to support the 1984 Elgin Ethnic Fest which is designed`to promote the benefits of living, working and visiting our community by staging a celebration in Fountain Square Plaza May 26 -27. s/ Richard Lo Verbic RiETiard L. Verbic, Mayor Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 7 ' Nays 0 Recorded Attest: 4 Mbrie Yea4kman Marie Tearman, City Cle-r RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT FOR PARATRANSIT SERVICE PROCEDURES Councilman Waters made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays! Node. VOLUME XLIX 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 La Verbic Richard orbit, Mayor Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER N0. I TO THE CONTRACT WITH ABBOTT CONTRACTORS INC. FOR THE EASTSIDE WATER TRANSMISSION MAIN Councilman Hansen made a motion, seconded by Councilman Gilliam, to adopt the Iforement i'aned i°esotut i on. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, "Shales, Waters and Mayor Verbico Nays: None. 234 235 VOLUME XLIX RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH ABBOTT CONTRACTORS, INC. FOR THE EASTSIDE WATER TRANSMISSION MAIN WHEREAS, the City of Elgin has heretofore entered into a written contract with Abbott Contractors, Inc. for the construction of the Eastside Water Transmission Main; 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 to the contract with Abbott Contractors, 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: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest- s/ Marie Yeaq= Marie Yearman, City C1er" RESOLUTION ADOPTED APPROVING CHANGE ORDER N0. iN THE CONTRACT WITH ILLINOIS HYDRAULIC Councilwoman Shales 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 XLIX RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION COWANY FOR RYERSON PARK IMPROVEMENTS 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 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 is a copy of which is attached .hereto and made a part hereof by reference. s/ Richard Lo Verbic Richard L. Ver ic, Mayor Presented: May 14, 1984 Adopted: May 14, . 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk y RESOLUTION ADOPTED AUTHORIZING AMENDMENT NO. I TO AN. AGREEMENT WITH HAMPTON, LENZ I N AND RENWICK INC. FOR--CONSULTING SERVICES 236 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, 237 VOLUME XLIX RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR CONSULTING SERVICES WHEREAS, the City of Elgin has heretofore entered into an agreement with Hampton, Lenzini and Renwick, Inca for the performance of certain consulting services necessary for the improvement of Wing Street from North State Street to Weston Avenue; and WHEREAS, it is in the best interest of the City of Elgin to amend said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLI N o IS, mat Richard L. Verbic, Mayor, and Marie Yedrmn, City Clerk, be and are hereby authorized and directed to execute Amendment No. 1 to an agreement with Hampton, Lenzini and Renwick, Inc. for con- sulting services for the Wing Street improvement, a copy of which is attached hereto.and made a part hereof by reference. s/ Richard Lo Verbic TUchard L. Verbic, Mayor Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT-WITH ` CHICAGO RAWHIDE Councilwoman Shales 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 XLIX RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHICAGO RAWHIDE MANUFACTURING COMPANY 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 the Chicago Rawhide Manufacturing Company to permit the use of radio facilities, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Richard Le Verbic, Mayor Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie a an Mare Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A r Councilman Hansen made a motion, seconded_ by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Gilliam. 239 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CENTEL CABLE TELEVISION CCIMPANY OF ILLINOIS VOLUME XLIX 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 the Centel Cable Television Company of Illinois to permit the use of radio facilities, a copy of which is attached hereto and made a part hereof by reference. s/ Richard Le Verbic Richard L. Vereic, Mayor Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 6 Nays I Recorded: Attest: VYL-k_­' s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH NOVAK, DEMPSEY AND ASSOCIATES, INC. 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. VOLUME XLIX 240 RESOLUTION E AUTHORIZING AN AGREEMENT WITH NOVAK, DEMPSEY AND ASSOCIATES, INC. WHEREAS, Novak, Dempsey and Associates, Inc., professional engineers, have submitted their written proposal for the necessary professional engineering services in conducting a pavement evaluation program; and WHEREAS, it is necessary and desirable to cause a program for pavement evaluation to be conducted within the City of Elgin. 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, and Marie Yearman, City Clerk, respectively, to execute a contract for engineering services with Novak, Dempsey and Associates, Inc., on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas % Nays 0 Recorded: ,Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR THE SALE OF WATER TO THE VILLAGE OF Assistant Corporation Counsel Blohd-n: The agreement is substantially as you reviewed it the last time, the on -ly change is a change dealing with the connections. Under the proposed agreement there were. to be three connections between the City of Elgin and the Village of Bartlett, Connections one and two were primarily to be done first, but once connection three was done, one and two would be closed and they would be used for emergency purposes only. That was to permit Bartlett to hook on as quickly as possible. The Village of Bartlett wants to option, in the event it would be possible to connect directly to connection point three and eliminate points ore and two. We see ro problem with this as far as our water system goes, the only purposes of one and two initially were to allow them as quick as possible connection ors. Councilman Waters made a motion, seconded by Councilman Hansen, to approve the amendment to the agreement and adopt the resolution. } Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, Absent for this vote: Councilman Gilliam. 241 VOLUME XLIX RESOLUTION AUTHORIZING A CONTRACT FOR THE SALE OF WATER TO THE VILLAGE OF BARTLETT WHEREAS, the Village of Bartlett, an Illinois municipal corporation, desires to purchase water from the City of Elgin for distribution and sale within the Village of Bartlett; and WHEREAS, the City of Elgin is willing to furnish water for such purposes to the Village of Bartlett. 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, e;� behalf of the City of Elgin, a contract for the sale of water to the Village of Bartlett, a copy of which is attached hereto and made a part hereof by reference. s/ Richard La Verbic Richard L. Ver ic, Mayor Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION A -DOPTED AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY Mayor Verbic: I wish they would really let us know where these are, we did talk about this many times, because nobody can tell from this legal description, Leo Nelson: You are right. Its the property needed for the right- of-way easemen,.t on the By -Pass /Randall Road intersection, but you are right it'would be better to identify it better than it is by the legal. Councilwoman Shales 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 XLIX RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY WHEREAS, the City of Elgin, an Illinois municipal corporation, is the owner of certain real property legally described as follows: PARCEL 1 That part of the Northwest quarter of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, more particularly described as follows: Commencing at the Southwest corner of the Northwest quarter of said Section 16; thence South 89 degrees 48 minutes 04 seconds East (bearings assumed for description purposes only) along the South line of said Northwest quarter, a distance of 125.15 feet to the Easterly right of way line of Randall Road, as established by Instrument dated February 18, 1955 and recorded March 29, 1955 in Book 1734, page 163, as Docu- ment No. 77.5997 in the Kane County Recorders Office; thence North- westerly, along said Easterly right of way line, being along a curve to the right having a radius of 14.68.06 feet, a distance of 83.75 feet to the North line of a Public Road previously dedicated by Instrument dated October 26, 1959 and recorded November 10, 1959 as Document No. 905359 in the Kane County Recorders Office for the Point of Beginning; From the Point of Beginning thence continuing Northwesterly, along the Easterly right of way line of Randall Road, as aforesaid, being along a continuation of the last described curve, a distance of 421.05 feet; thence North 00 degrees 59 minutes 15 seconds East, tangent to the last described curve and along said Easterly right of way of Randall Road, a distance of 823.56 feet; thence South 85 degrees 40 minutes 45 seconds East, a distance of 20.04 feet to an Illinois Department of Transportation, Division of Highways survey marker on a line 20.0 feet Easterly of (measured at right angles thereto) and parallel with the Easterly right of way line of Randall Road, as aforesaid; thence South 00 degrees 59 minutes 15 seconds West, along said parallel line, a distance of 718.16 feet to an Illinois Department of Transportation, Division of Highways survey marker; thence South 02 degrees 58 minutes 27 seconds East, a distance of 323.69 feet to an Illinois Department of Transportation, Division of Highways survey marker; thence South 19 degrees 32 minutes 13 seconds East, a distance of 209.10 feet to an Illinois Department of Transportation, Division of Highways survey marker on the North line of the Public Road estab- lished by Document No. 905359, as aforesaid; thence North 89 degrees 48 minutes 04 seconds West;`along said North line, a distance of 55.72 feet to the Point of Beginning. PARCEL 2 That part of the Southwest quarter of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, more particularly described as follows: Commencing at the Northwest corner of the Southwest quarter of said Section 16; thence South 89 degrees 48 minutes 04 seconds East (bearings assumed for descrip- tion purposes only) along the North line of said Southwest quarter, a distance of 125.15 feet to the Easterly right of way line of Randall Road, as established by Instrument dated February 18, 1955 and recorded March 29, 1955 in Book 1734, page 163, as Document No. 775997 in the Kane County Recorders Office, for the Point of Beginning; 242 243 VOLUME XLIX From the Point of Beginning thence continuing South 89 degrees 48 minutes 04 seconds East, along the North line of said Southwest quarter, a distance of 59.54 feet to an Illinois Department of Transportation, Division of Highways survey marker; thence South 19 degrees 32 minutes 13 seconds East, a distance of 116.67 feet to an Illinois Department of Transportation, Division of Highways survey marker; thence South 32 .degrees 31 minutes 51 seconds East, a distance of 259.74 feet to an Illinois Department of Transporta- tion, Division of Highways survey marker on the Northeasterly right of way line, as monumented of the U.S. Route 20 Bypass (Federal Aid Route 426) by Instrument recorded April 12, 1961 . as Document No. 945858 in the Kane County Recorders Office; thence North 71 degrees 57 minutes 22 seconds East, along said Northeasterly right of way line and along said Northeasterly right of way line, extended Northeasterly, a distance of 274.28 feet to an Illinois Department of Transportation, Division of Highways survey marker; thence South 20 degrees 05 minutes 08 seconds East, a distance of 629.46 feet to an Illinois Department of Transportation, Division of Highways survey marker on the Easterly right of way line of Randall Road by Document No. 775997, as aforesaid; thence North 58 degrees 24 minutes 41 seconds West, along the Easterly right of way line of Randall Road, a distance of 102.81 feet; thence Northwesterly, along said Easterly right of way line, being along a curve to the right having a radius of 1468.06 feet and being tangent to the last described course, a distance of 1023.44 feet to the Point of Beginning. and WHEREAS, the State of Illinois desires to acquire the above described property for highway purposes and has made an offer of $1100.00 for Parcel 1 and $2700.00 for Parcel 2; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to accept the purchase offer of the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby directed and authorized to sell the above described parcels to the State of Illinois for the above offered sum. BE IT FURTHER RESOLVED that the City Manager and City Clerk be and are hereby authorized, empowered and directed to execute and deliver such documents as may be necessary to convey the above described property. s/ Richard Lo Verbic Richard L. er ac, Mayor VOLUME XI_IX Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea"rman Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS D'PAR TRENT OF TRANSPORTATION FOR THE POPLAR CREEK LEVEE PROJECT - -- TABLED Councilman Gilliam made a motion, seconded by Councilman Hansen, to table the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Ve.rbic. Nays: None. RESOLUTION ADOPTED ACCEPTING A GRANT OF PERMANENT FACFMFAIT 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. 244 245 RESOLUTION ACCEPTING A GRANT OF PERMANENT EASEMENT VOLUME XLIX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of permanent easement from Peggy A. Dahlquist for the construction and maintenance of roadway improvements, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of permanent easement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Richard Lo Ver°bic Ricliard L. Ver ic, Mayor Presented: May 14, 1984 Adopted: May 14, .1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman rie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A GRANT ®� OF EASEMENT Councilwoman Shales made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas-. Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbice Nays-. None. VOLUME XLIX 246 RESOLUTION ACCEPTING A GRANT OF PERMANENT EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of permanent easement from Chicago Title and Trust Company, as Trustee under Trust No. 1081747 for the construc- tion and maintenance of roadway improvements, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of permanent easement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ :Richard .Lv...Varbic Richar_d L. VeTrEic, My-or Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman rie Yearman, City Cler RESOLUTION ADOPTED ACCEPTING A GRANT OF EASEMENT Councilwoman Shales made a motion, seconded by Counc'il-man Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen,.Schmidt, Shales, Waters and Mayor Verbice Nays: None, 247 VOLUME XLIX RESOLUTION ACCEPTING A GRANT OF PERMANENT EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of permanent easement from Fred W. Schuhknecht and Maiylouise Schuhknecht for the construction and maintenance of roadway improvements, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of permanent easement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 14, 1984 Adopted: May l4, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Cler RESOLUTION ADOPTED CONCURRING 'IN THE AWARD OF THE FORTH McLEAN ROULEVARD PROJECT 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 XLEX RESOLUTION CONCURRING IN THE AWARD OF THE NORTH McLEAN BCULEVARD PROTECT WHEREAS, the City of Elgin has entered into an Agreement with the Department of Transportation, State of Illinois for the improvement of North McLean Boulevard from Royal Boulevard to the Chicago F Northwestern Railroad designated as MFT Section 83- 00130-- 00 -RS, State Section 1983-133 - RS, FAU Project M- S293C1S); and WHEREAS, pursuant to this agreement, the Department of Transportation accepted bids for this project on May 11, 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the LILY Of Elgin concurs with the Department of Transportation, State of Illinois in the award of this contract to the low bidder, Alliance Contractors Incorporated of Woodstock in the amount of $391,681.94. s/ Richard Lo Verbic EMard L. Wrbic, Mayor Presented: May 14, 1984 Adopted: May 14, 1984 Vote: Yeas % Nays 0 Recorded: Attest: S / Marie Ye rmari Marie Yearman, City Clerk 248 249 VOLUME XLIX AUTHORIZATION OF PAYMENT TO VARIOUS,VENDORS Speer Financial, Inca $2,500,00 Services rendered in connection with the issuance of Industrial Revenue Bonds for the Apostolic Christian Church project. Chancellor DataCom $2,970.00 Rental charges for LEADS terminal equipment in Police Communications Room. Councilman Gilliam made a motion, seconded by 'Councilman Waters to approve the ' 'aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hasen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. REPORTS RECEIVED AND ORDERED PLACED-ON FILE Sales Tax Report for February, 1984 Building Permit Report for April, 1984 Public Property and Recreation Board Minutes 4/24/84 Water Department Report for April, 1984 Greater Downtown Elgin Commission Minutes 4/2/84 Hemmens Advisory Board Minutes 3/8/84 Traffic Committee Minutes 4/12/84 Budget Summary dated May 4, 1984 Councilman Gilliam made a motion, seconded by Councilwoman Shales, to place the "above.mentioned reports on file, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shal'es,'Waters and Mayor Verbic. Nays: None. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Schmidt to adjourn the Council Meeting to 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 10:05 p.m. Marie Yearma.n C i ty C er VOLUME X L I X May 17, 1984 249 (a i 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 17, 1984 at 5:05 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 Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: Corporation Counsel Jentsch and City Clerk Marie Yearman. Counsel Jentsch stated that the meeting scheduled for tonight called for an executive session only and that the newspaper was in error when they indicated there would be a public hearing. Counsel Jentsch suggested that a motion be made for the Council to go into Executive Session. Councilman Andersen made a motion, seconded by Councilman Hansen for the Council to go into Executive Session to discuss personnel. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 5 :07 p.m. Marie Yearmany City Clerk VOLUME XLIX May 21, 1984 250 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'21, 1984 at 7.32 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Father Russell Johnson, and the Pledge of Allegiance was led by the City Clerk. 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 Jentsch, City Clerk Marie Yearman, and members of staff. RESOLUTION ADOPTED TERMINATING CONTRACT OF EMP'LOYMENT'WITH LEO 1. 'NELSON Councilman Hansen: Mr. Mayor, I move the resolution be approved. Councilman Andersen: Mr. Mayor, I second that motion. Mayor Verbic: I would like to make a statement to this effect at the present time. Since public comment on the question before this Council has been given wide coverage in the media, with such comments being for''and against the proposed action to be taken by the Council tonight, it is the ruli -ng of this chair that further comment from other than those covered by Section 5.8.5. can only create personal or degrading comments, or attack the motives of the members of this Council'.. and therefore this Chair shall recognize those membeirs of the Council that wish to address the meeting, subject to the limits set forth in Section 5.8.9. Councilman Gilliam: Mr. Mayor, my first protest is that in the past on this Council, and 'I have been -on it as long as you have, we have never denied the public the chance to speak. Mr. Mayor, I think as a Council if we are willing to make decisions in executive session and other sessions, 1 think that we should be man enough,.woman enough, to stand up and hear the complaints of the citizens. I will use a quote from one of the Councilmen - I represent the constituency, represent the voters. These are the voters, and another phrase - taxpayers. I have had that run down my throat time and time again by certain Councilmen. Here they are, they demand the right to speak. I think they should be heard and like you said onetime before when I asked you to please 251 VOLUME XLIX control the meeting, you said let them talk, let them air it out, when they are in your favor. Now they are not, they should have.the right to talk Mr. Mayor. Councilwoman Shales: May I also adk you to reconsider your ruling. I think it is a very unwise ruling, I want you to change your mind, I urge you to.change your mind. Councilman Waters: Mr. Mayor, I would move to over -rule the ruling of the Chair and ask that there be public comment on this motion. Councilwoman Shales: I will second that motion. Mayor Verbic: A motion has been made by Councilman Waters, seconded by Councilwoman Shales that public discussion be permitted. Councilman G.11.iam: I hope that one of the four of you would please have the common decency to let these people speak. To do what we have.done and not give an explanation, not give a reason, we haven't even given a reason to the other three Councilmen and to sit here and deny these people a chance to at least express their feelings I think is a disgrace to the democratic process. Councilman Schmidt: Would it be possible to limit the number of people to speak. Mayors V-erh i s :,,r',. I f this motion is passed I would think, in terms of fairness to both sides, that three members be chosen from those for and three chosen for those against and limit the conversation to five minutes. Mayor Verbic: If there is no further discussion on the floor I will have.th;e Clerk call the roll.. Yeas: Councilmen Gilliam, Shales and Waters. Nays; Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Councilman Gilliam: Me':.�k -,Mayor, since apparen -tly you have done your homework and you have lined up your troops, I would like to make one comment. I think this Council and the City are being run by four people. I think in the future meetings what the public will see will be four people coming to the Council .meeting, executive session with an agenda that has already been decided upon, voted upon and approved upon by the four people and you are going to ask the three of us to approve that agenda, I think that from now on the responsibility of this City, good or bad, will li..e with the four of you, who will continue to make your decisions in executive sessions, secret sessions, or what ever sessions that you have used before, and 1 want the citizens VOLUME XLIX 252 to know it will be your responsibility, because you are making the decisions now, the three of us are just along for the ride, like the other people in the audience. Councilwoman Shales: Before we throw Leo out, on behalf of the people of Elgin, I want to thank you for a wonderful job for the last eleven and a half years. You have been a fantastic City Manager, you are an excellent manager, I thank you for what you have done above and beyond the call of duty. I thank you for being apart of our community, I hope you will continue to be a part of that. ! apologize for the Shabby treatment that you have Ceceived at the end of your career here in Elgin, but please know that most of us really appreciate you and love you Leo. Father Johnson: Mayor, where is the democracy here. I think this is a disgrace. Sitting up there sma"rtalecked and I think it is a disgrace when a group of people like this come out and they are not allowed to speak and you sit back there'. Are you afraid to, hear these things. Are you so unsure of yourself. Councilman Waters: Mr. Mayor, Ladies and Gentlemen who are here, I have a statement that 1 would like to read. Much of what I am going to say has been said this past week, but for the record l am going to say it again. As this scene is being played out, I have pleaded for reason, I have pleaded for some understanding. through dialogue, I have offered a middle ground for consideration. In every instance, my initiatives were rebuked, as were the initiatives of Councilwoman Shales and Councilman Gilliam. The decision to fire Leo Nelson is obviously not a popular decision, nor does it represent a consensus of either the City Council or the community. A decision of such.magnitude should be -based upon reason, reason that can be understood and supported by a consensu -s of the community leadership, not just one vote. I don't disavow the lack of confidence expressed by the four, I only asked that they give Leo an honorable opportunity to respond to their concerns.. I asked that they give us all an opportunity to understand the basis for the lack of confidence, as mature people, and to give Leo the opportunity to decide if he could or desired to change the behavior they disagreed with. I asked that he be given fair play. And now, the actors must play out their parts and complete the end of this scene. Thus, I turn my comments, not to the four Council members carrying the one vote majority, for they have cast their own fate and seemingly will not alter their roles, rather, I address my comments to the record, to.Leo Nelson, and to my community. 253 VOLUME XLIX I am proud and honored to call Leo Nelson my friend and look forward to the continuation of that friendship, even though he must now seek another community to serve. It is a friendship that 1 have enjoyed personally and professionally, and it is a friendship that has allowed me to disagree, to argue for opposite points of view, and to make decisions contrary to his counsel. Such times have always been bolstered by a mutual respect and a common understanding that we were attempting to seek the best for our community in our own different ways. Leo has been an excellent city manager, one of the most respected professionals in the State of Illinois. He has not sought readlines or tried to usurp the role of the Council as a public servant; rather, he has quietly, efficiently, and effectively gone about making Elgin a good place to live. He has assembled a team of very competent department heads and has kept their morale high, even during very difficult times. They, in tur- n,.hay.e been recognized by their respective "peer groups for their leadership and competency, and nearly every one of them ,has been officer of his.own state association during the "time I have been on the Council. Leo has been an achiever, and, when you recall the many significant accomplishments during his tenure, you have -to say, nice job Leo. He has been a community man,., setting an example for others who care about Elgin and working for those who are less fortunate. Whether it was the YMCA, the United Way, the Boy Scouts, or whatever, Leo has been in-there lending his talents for the betterment of Elgin. He has been'a family man and "a strong supporter of his church.. He is a man of Christian principles and his administration has stood for high integrity. Even his detractors have had to say he is an honest man. He "has sought the path that was. best for Elgin or was dictated by, "his Council, and he.has never become a party to a special interest group seeking favors,I For the record he has kept this councilman well informed and has always been responsive to my calls and.my inquiries for additional information. He has been open and candid with ` h i s , i- nf'ormat i on, and h i s counsel has been valued.. Jt has not been an easy ask for Leo to set a course with a divided Counsel, especially when individuals on the Council have felt their - requests were more valid than the actions of the Council as a whole. And yet, he has not played politics; he has not become embroiled in the differences within the Council; rather, he has sou "g'ht to professionally administer the policies set by the Council as a whole. I find it ironic that, on the very week""Leo was to have been elected president of the Illinois State City Managers Association, an honor this community should be proud of, the majority of one on this Council has chosen to fire him without a reason given. find it ironic that the very people who ran for election as businessmen, and.who criticized the educators on the Council, violated the very basic tenets of good personnel management practices in their decision to fire Leo. Even when the other members of the Council pleaded for an opportunity to discuss VOLUME XLIX 254 their differences with Leo before making a final decision, the majority of one refused and hid behind the excuse, It is time for a change. I am confident that, if Leo so chooses, he will become a city manager somewhere else and that city will be a better community as a result, and Elgin will be the lesser. I am also confident that we will find a capable replacement for Leo, and hopefully that new person can start with a unified Council a year from now. This City will be the lesser because we will have become a divided community, with a demoralized staff, with a further loss of key professionals, and with major projects put on hold until the organization is stabilized once again. Good luck., Leo, and leave knowning that this community did appreciate your leadership, your contributions, your staff and your family, despite the majority of,one. To the community, I ask for patience, for dialogue and for a long memory. The.majority of one have demonstrated their contempt for the electorate and their lack of respect for Councilwoman Shales, Councilman Gilliam and myself. They have forgotten that we, too, were elected by the people,. to represent the people, and to share in the decision making of the Council. And so be it : I accept with full commitment the challenge of supporting people seeking election to this Council who will work for mutual respect and independent judgment. I sha.l 1 seek not vindication, but justice. I shall seek not people who will follow block voting blindly, but people who will work together in solving the problems of our community, rather than creating them. I will not seek negative people who-attempt to gain stature by degrading others, rather will seek people who are positive and who see the.good °in others and the community and who want to help that good become something even better.. To those who are angry and outraged at the actions of the majority of one, don't despair on your community. Let your anger and your frustration, and your feeling of helplessness, be directed to a positive, constructive involvement in your community. Stand up and ask to be represented, and challenge those who seek to represent you to make certain they are the kind of persons I have described. This scene `is about to be p.layed out, but the play is not over. There are other scenes, and we have the opportunity to influence the script for the future scenes and the actors in the playa Mike Bailey, as he often does, has captured eloquently the sentiments of this community in yesterday's column. I shall not read his writing but I include his column in my remarks so that it may become a part of the permanent record. May what happens this evening be not forgotten, and, Leo, may you know that your legacy of example, of achievement, "and of honest administration shall remain untarnished even after the majority of one have completed their arrogant, self- serving deed. Leave your office, Leo, with your head high, knowing _that a majority of the responsible, respected; reasonable people'in our community hold.you in high esteem and shall always be indebted to you for your service to Elgin. Thank you. 255 VOLUME XLIX "Arrogance, it is by Mike Bailey" "Arrogant was the word Elgin City Councilman Elmer Hansen searched for momentarily during an interview Tuesday afternoon. Arrogant was how he said he didn't want to sound with his statement that he knew best what was right for this city. - Arrogance in their minds at least - may not enter into-the decision by Hansen,-Mayor Richard.Verbic and Councilmen Pete Andersen and Erwin Schmidt to fire City Manager Leo Nelson. Indeed,, their voting records and accomplishments leave them little. to be arrogant about. But what other word can describe ignoring thousands of-voices beseeching their reconsideration of Nelson's dismisal ? Perhaps arrogance does not motivate their contemptuous disregard for those they claim to represent. But rather, a belief that they -rule by divine province. How else would one explain Hansen's statement that the public does not have a right to question the actions of public officials ? 'I did not recognize.many of the names in that ad,'said Schmidt about the 800 -plus names that appeared in Thursday's Daily Courier - News in support of Nelson. Read them again Mr. Schmidt, a little closer- this time. They are the people that elected. you and the people whose support you will seek when you run again next spring. You may not recognize their names, but they will never forget yours. truly believe that in the-small minds of the council majority, Leo Nelson had become bigger than life in his power omnipotent and omnipresent, the Great Satan, on whose shoulders all blamed could be laid. The..question everyone is asking is why ?"Why did they choose to fire a man with whom the only fault they could find was that he was too loyal to ,hi.s staff ? 'Knowledge is sometimes perceived as- power'. Councilwoman Shales said Tuesday. Nelson was a very knowledgeable'man. More than anything else,, this council was frustrated with Nelson because it viewed him as an obstructionist. Once he is .gone, they may well find that he only protected them from themselves. For this is a Council majority that says it wants to lower taxes, but in fact will indebt its electorate more than any council in the past .2.0 years. It is headed by ,a mayor who willing to'spend $l million majority that thinks municil from private developers but airport development. It is closed meetings but who now discussions from there. thinks downtown Elgin is dead but is for a road there. It is a council :al - governments should remain aloof just donated $1.15 million to the a majority whose members chastised criticize the news media for reporting VOLUME XLIX 256 The question is not really why does this council want to get rid of Nelson, but how did Nelson tolerate this-council as long as he did? Why, some have asked,; did.the• council wait so long? Simple. It was not, as they claim to give themselves a chance to view his performance. His performance was never an issue, despite all the assurances in the primary - most notably from Andersen - that it was never their intention to fire the city manager. The reason they waited until now was so as to not hurt the congressional chances of Verbic who would be politically ruined if he had a hand in firing someone as popular as Nelson. After his political aspirations perished in a last - minute frenzy of patricidal actions and self - flagellation, Verbic indeed has nothing more to lose. And that signaled the call to >fulfill what` has obviously been a promise to those whose bidding these four were entrusted to do. ..For that reason, their recent criticism of those 'anonymous people working behind- the scenes' on behalf of Nelson was ludicrous if not humorous, j The only real question which remains to be "answered is who will they blame now? Who must shoulder the responsibility for the faults of the city, now that they have purged themselves of Nelson? Their roles will change from the hunter -to the-hunted, from the hammer to the nail and how they will handle that reversal will indeed be interesting. For in the past, it was they who picked at and crit -ized the state of the city, who found the potholes and -the unplowed streets, the awning poles that didn't form up to specs, the garbage that wasn't picked up. It.was they who found fault and who readily pointed to a sad state °of affairs not of their making. But from this day forward, it will indeed be their city and one fashioned in their image and perception of how a city should run. It is they who will face the scrutiny of an entire city, -sans the handy excuse of merely poiniing..to who is in, power. Now and for at least the next 11 months, they will have both the opportunity and the vehicle with which to change this city to what they have said it. should be. Let them move forward and begin and let us now judge them under the "same criterion with which they judged him. This group drew their power not from the people who voted them into office, but from the ones who did not choose to vote at all. The public display of affection for Nelson was indeed touching, albeit quite late. 257 VOLUME XLIX But those who are outraged need only to look at themselves for the source of the blame. Their opportunity to change the course of events did not lie with 11th hour telephone call, but in elections a year ago. Indeed the council majority was correct when it told the public to get involved or be forever silenced. As -a great man once said, the dogs may bark, but the caravan moves on. All the supplications in this city_can muster will not save Leo Nelson's job. But this action will.'not disgrace him for he will forever be remembered as a fine, decent man who would have pleased the council, if only the council could have decided what it expected f rom h im. Leo Nelson is not a god nor is he the only man who can run this city. And it is not to say that everyone under him was perfect. He just happened to have done a damn fine job and he deserved better than this shoddy low class act. Hw would not be naive enough to take the credit for-'all things his colleagues have claimed as his accomplishments. He who takes the credit for °the sun.-.shining must ;take the blame when it rains. To praise Nelson for -every positive achievement in-this city would be to also blame hi- m.f._or every shortcoming. In the final analysis Nelson will be remembered as a fine honest man who was felled by people who ultimately proved the.�paraphrased adage, 'a little power is a dangerous thing'. Perhaps there will be hundreds of people at City Hall Monday night to support and comfort this man who the council victimized with its small mindedness. I sincerely hope the direction in which they now take the city is for the better. They won't be forgiven if it isn't... And when their last day in public life is at hand, they may wish for evidence -of the :honor and respect :Nel,son has,earned. May they be treated better than they chose to treat him.,, Councilman.G..i_11iam: Mr. Mayor, before you call - the roll I would like to announce to .members of the Council, the p reams and the people here. in the future when there is an executive session and we are discussing personnel, the City.Ma.nager's position or other items of concern, I will take it upon.myself personaTly to hold a -press conference, with the press, and talk to the public, so that. .we can expose the deals and the wheeling and dealing that is going to go on in executive session. - Robert Hoffer: I want to thank all of you that started at 6;03 Tuesday morning that have given me the support and Jack the support that you have - demonstrated tonight by your attendance and by your kind words and by all of the thoughts that you have presented to me in this rather tumultuous situation. VOLUME X L i X 258 I think that al.] of us can be concerned about the things that have occurred, but realize that tomorrow the sun will rise, Elgin will continue and we are all going to keep going. Those of us who love Elgin like we do won't let this particular concern of ours, the thing that we couldn't avoid tonight, deter us from that which is good and that which is right. We feel so sorry for the things which have occurred and we love Marilyn and love Danny, and Leslie, because they will feel the brunt of the things that happen tonight. We know what we all think of Leo and we think personnel of the city must carry -on and I appreciate sir to say these words. Mayor Verbic: I would like to have the Clerk call the roll please, Yeas: Councilmen Andersen, Hansen, Schmidt and Mayor.Verbic. Nays: Councilmen Gilliam, Shales and Waters. 259 RESOLUTION TERMINATING CONTRACT OF EMPLOYMENT WITH LEO I. NELSON VOLUME X-L I X WHEREAS, the City of Elgin has heretofore employed Leo I. Nelson as its City Manager pursuant to a written employment agreement; and WHEREAS, the City of Elgin desires to terminate the employment agreement with Leo I. Nelson., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF .ELGIN, ILLINOIS, that the employment contract by and between the City of Elgin and Leo I. Nelson dated February 27, 1976 be and is hereby terminated. BE IT FURTHER RESOLVED that in accordance with the termination provisions of the employment contract with Leo I. Nelson, there shall be paid to Leo I. Nelson such lawful compensation and benefits as are provided in said employment agreement. BE IT FURTHER RESOLVED that Leo I. Nelson be and is hereby employed as a consultant to the City Manager for a period to and including May 31, 1984 for the sum of $1,600. s/ Richard L. Verbic Richa-rJ L. Verbic, Mayor Presented: May 21, 1984 Adopted: May 21, 1984 Vote: Yeas 4 Nays 3 Recorded: Attest: s/ Marie Yeaan rie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING ROBERT O..MALM AS INTERIM CITY MANAGER Councilman Andersen: i will make a motion for approval of this resolution, appointing Acting City Manager, Robert 0. Malm, for the City of Elgin, Illinois. Councilman Schmidt: I will second that motion. Councilman Gilliam: Just to take some of the pressure off of Bob:Malm, Bob Malm is fine mars, he was recommended by Leo, he will not be a puppet of the four, if he is I will be on him too, but I think the puppet won't come until we look for a new city manager. He is a good man and will do a good job, if the four-let him. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and .Mayor Verb i c.. Nays-- None. lfaI zLWX1VIA 26o RESOLUTION APPOINTING ROBERT 0. MAIM AS INTERIM CITY MANAGER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm be and is hereby appointed Interim City Manager with authority to exercise all the powers and to carry out to the best of his ability all the duties imposed upon him as City Manager by the statutes of the State of Illinois and the ordinances of the City of Elgin. BE IT FURTHER RESOLVED that the salary of Robert 0. Malm as Interim City Manager shall be in the sum of $3,581 per month. s Richard L. Vey bic ar L. er ic, yor Presented: May 21, 1984 Adopted: May 21, 1984 Vote: Yeas % Nays 0 Recorded: Attest: s. Marie a man Fin rie Yearman, City Clerk ADJOURNMENT Councilman Andersen made a motion, seconded by Councilman Hansen, to adjourn.the meeting. Yeas: Councilmen Andersen, Hansen, Schmidt and Mayor Verbic® Nays: Councilmen Gilliam, Shales and Waters. The meeting was adjourned at 8 :05 p.m. Marie YearmarY, City Clerk VOLUME XLIX May 29, 1984 261 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the was held on May 29, 1984 . of City Hall. The meeti The Invocation was given Evangelical Free Church, by Councilman Schmidt. Council of the City of Elgin, Illinois, at 8:23 p.m., in the Council Chambers ng was called to order by .Mayor Verbic. by Reverend Charles Vital of the Elgin and the Pledge of Allegiance was led ROLL CALL Roll call was answered by councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Also present: Acting City Manager Bob Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman,,and members of staff. MINUTES_ OF THE MAY 1,4; 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilman Gilliam, to approve the May 14, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters, and Mayor Verbic. Nays: None. MINUTES OF THE MAY 21, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Schmidt, to approve the May 21, 1984 Council Minutes as published. Yeas; Councilmen Andersen, Gilliam, Hansen', Schmidt, Shales, Waters, and Mayor Verbic. Nays: None. COMMUNICATIONS Mayor Verbic: We have a petition for the City to aid in investigating the appa..l.ling conditions and continual disturbances by owners, occupants and visitors of the property commonly known as 472 Division Street. Robert Gray, 471 Division Street: On behalf of the area residents I would like to offer a few comments with respect to the petition that is before you this evening. Being born in the neighborhood and having spent the majority of my life there, have watched the neighborhood deteriorate over the last few years and not as fast as over the last two years. It once was a quite neighborhood and now it is common occurrence to wake up at all hours o.f the night with fireworks going off, loud cars, screaming, yelling, fights, to the point where myself, my family, the area residents. 262 VOLUME X I ! X We have tolerated this for over two years in hopes that in dealing with the Police Department, the office of Health & Housing, that we could resolve these concerns and restore this community in which we live to a peaceful area where we can raise our children. Last Saturday the Police Department was again requested on three or four different occasions to come up, i personally was out in the street at 1:30 discussing the situation with the Police. We have loud music, we have people urinating on lawns, motors running, we have had fights, we have had nine squad cars, a paddy wagon, and ambulance on one occasion when a youth wielding a machete injured somebody at a party. We have had another fight in our driveway, or a fight married ire our driveway 1 ago ono r�veway as6., a neighbor's yard and the next morning we had to wash blood off the cars, off the driveway, off garage doors. on some occasions there are forty youths up there. This is a good.neighborhood and we would like to preserve it. We have discussed the situation with the Police and they have been responding. However, we feel that there is something wrong with enforcement or there is something wrong with the city ordinances to do something about this. We have had officers who have explained to us that the vehicle stickers that are absent on the majority of the cars that they cannot do anything until the occupant is in the vehicle. With the loud mufflers they.can't cite anybody until they actually hear the vehicle. Health and Housing informs us that as far as the garbage problem, that first of all they send a warning notice out,.after a week if the garbage is still there, there is a second warning, following that week there is a third warning, then they write a citation and if it is cleaned up when it gets to court there is no offense. We have been tolerating this for over two-years and we are not really getting the results that we would like to achieve through staff and therefore are appealing to you to take notice on this and .perhaps something legally can be done. We would really like to stay in Elgin, one officer has indicated that one way to resolve the problem is to do what he did and that is move. Another officer informed us that well you have read in the paper what they did down south, implying vigilant efforts. We fend - neither of those acceptable, we would like to stay in this community and we would like to preserve this historical district in which we reside, and we are appealing for some type of relief in the way of enforcement or stronger legislation, whichever we can do. Councilwoman Shales: I don't believe that any neighborhood should have to put up with this kind of behavior, what can we legally do. Deputy Chief Police Danielson: 9 have had the opportunity to talk with Mr. Gray on several different occasions. We totally sympathize with the problem based on what Mr. Gray has indicated is going on, 1 think they have an extremely legitimate complaint. our options are: (1) we have directed our personnel that any calls that we do VOLUME XL I X receive in that area, I.have indicated the officers will make a'- complete reports on it, if complaints can be signed that evening, we are encouraging our officers to have those complaints signed, if it is a situation that we have to refer an occupant or tenant to the State's Attorneys Office the following day, we have encouraged our officers to do that. We do have a court case coming up this Friday where a complaint has been signed, the State's Attorneys Office is aware of the problems up there, the court is aware of.t.he problem, hopefully our court situation on Friday will help alleviate the problem with some strong action by the court system. The comments made to Mr. Gray by several officers I do not agree with, I think the complaints being generated out in,-.that-area are totally legitimate. I have concerns, I think the department has concerns about it. Our Watch Commanders are aware of it, the afternoon and evening shift are totally aware, our officers recognize the address by the number of calls that we have had up there. We are dealing with a group of people that have no respect for people living in the neighborhood, the law, the court system, its a difficult situation to deal with, but I think that with our cooperation in working with the community that we can hopefully get some action started this Spring and get it taken care of before it gets out of hand. Councilman Gilliam: Are these tenants or are these owners of the property. Warren Danielson: The house is being rented to a number of young people. We are bringing them into court and that is why I have encouraged our officers to get reports started and to get complaints signed, if we can get complaints initiated that night. We have to have someone sign a complaint, I think in the past there has been some reluctance, not on every occasion, but some reluctance for people to get involved, come forward and get the matter into court. 263 Councilman Waters: I first of all want to respond to Mr. Gray and those who have signed the petition. I think you have taken a very responsible initiative and I think you are to be congratulated, I understand that you are doing that out of frustration and I am sorry for the frustration you have experienced, but I think you are taking the right approach and I commend you for that. would like to see this Council direct, not just the city police to this problem, but our city staff, I think this.is the kind of thing that there are many arms of the city government that can approach this problem and I would like to see this being directed by the city staff and not just the police department. 264 VOLUME XLIX would also urge, perhaps this would be at the level City Manager,.a meeting called of the people who have petition so that when Warren talks about signing a coi understand what he is talking about and you know what are, and that gives us an opportunity to explain what what your protections are and it gives us a change of what Warren has said this.evening. of our Acting signed this nplaint, you your alternatives that process is, reinenforcing Thirdly I would suggest that this be placed back on the agenda at our second meeting in June and that we have a progress report at the meeting, this could be accomplished at our Committee of the Whole Meeting. Councilman Hansen: I would suggest that we include the Health and Inspection Department appropriate staff personnel to also attend the 'meeting so that we can attack this situation from all sides. Bob Malm: I will see that this is put on the Committee of'the Whole Meeting agenda for the second meeting in June. We will have staff meetings in the meantime to consider zoning or any other violations and if additional legislation is needed we will bring that back to you. Mayor Verbic; The second item under Communications tonight is an invitation to attend Elgin Softball Association raffle drawing. B I D AWARDED FOR FIRE HYDRANT'S Councilwoman Shales made a motion, seconded by Councilman Hansen to award the bid as follows: Sidener Supply Company for a total net bid price of $10,760.40 for 20 Waterous Model WB -67 fire hydrants; E & H Utility Sales, Inc. for a total net bid price of $2,105.59 for miscellaneous gate valves, reducers and cut -in sleeves; and Ziebell Water Service.Products for a{total net bid price of $440.02 for miscellaneous couplings. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX 265 BID AWARDED FOR AIR -MASKS FOR HAZARDOUS MATERIALS UNIT Councilman Hansen made a motion, seconded by Councilman Schmidt, to award the bid for Air Masks to the low bidder, Coal Belt Fire Equipment Company, for a total amount of $3,280.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. B I D FOR CONSTRUCTION OF 'SHELTER BUILDING FOR COMMUNICATION E UIPMENT TABLED Councilman Andersen made a motion, seconded by Councilwoman Shales, to table the bid for construction of a shelter building for communication equipment. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 18 -84 REQUES-TING AMENDMENTS TO T Roger Dahlstrom: Kennington Square was annexed and zoned PUD R -4 in 1977. The project features 189 residential townhouses to be developed in five phases. The Petitioner is requesting the following 3 changes to the Kennington Square preliminary plan: Relocation of one housing unit from Phase III and two housing units from Phase V to Phase IV. Relocation of off - street parking. Provisions for optional garages. At its regular meeting of April 16, 1984 the Land Use Committee approved the amendment:s•:to the Kennington Square Annexation Agreement PUD Ordinance No. G33 -77, and preliminary plan and final plat approval by a vote of 3 yes and 2 no. Councilman Waters: In the transcript of these proceedings there were a number of problems that were cited that were to be resolved before this was to be presented before the Council tonight, can we have an update on that. Roger Dahlstrom: The Committee was concerned with the eight conditions that the department recommended for approval and I am advised by staff members of various departments that all of these items, except for 5 and 6 have been fully resolved. 5 and 6 are items that relate to platting problems in past phases, Our concern was and continues to be one of documenting a secure ownership for the owners, those who-, have purchased the dwelling units. However, we are advised by the petitioner that such documentation has been obtained. Councilman Waters: Did you actually see the documentation. 266 VOLUME XLIX Roger Dahlstrom: We do not have the documentation at this time. However, the ordinance would come before this body at a future meeting, this is the petition. So the ordinance would have to be considered on the llth of June. Jim Hengtgen of Hengtgen it Minehart: We have been doing the surveying and engineering for Mr. Kresme'ry recently and we have been trying to correct all the survey problems and we have been doing that as late as today, the Title Company has requested six additional prints, but all of the survey problems to my knowledge, and to Mr. Kresmery and to his attorneys, have now been taken care of and we should see smooth sailing as far as title problems go from . here on, Councilman Hansen made a motion, seconded by Councilman Andersen, to approve Petition 18 -84, subject to th-e'Planning Department's recommendations. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic, Nays: Councilman Waters. KANE COU.NTY-PETI.TION 27'22 'REQUESTING A R.FZONING FROM F FARMING DISTRICT' TO E- ONE FAMILY RESIDENCE Roger Dahlstrom: The petitioner desires to zone a'nd's'ubdivide the subject property for two single family residential lots. The proposed lots are each 40,000 square feet. At its regular meeting of May lb, 1984 the 'Planning Committee recommended approval of the rezoning and preliminary and final plat approval by a vote of 4 yes and 4 no. At its regular . meeting of May 21, 1984 the Land Use Committee recommended approval of the rezoning and preliminary and final plat approval by a vote of 4 yes and 0 no. Councilman Hansen: I do not have any objection to this petition,s- but now that we have our comprehensive plan does the County have a comprehensive plan. Roger Dahlstrom: Yes, they do. Councilman Hansen: With the proposed intersection on Randall and the Tollway, I would view that the intersection of Big Timber and Randall down the pike is going to be of some importance and what are the plans for that intersection as far as proposed zoning, comprehensive plan, etc., from both gonernmenta'l" bodies. Roger Dahlstrom: I think it is likely that we will see some level of commercial development, to what extent is difficult to say. It would probably be determined by the southward expansion of the industrial development that we would likely see in the Tollway- corridor. VOLUME XLIX 267 Councilman Hansen: How are the two governmental units going to direct that to happen. Roger Dahlstrom: Our comprehensive plan and the Counties are pretty much identical in that area. Actually there are only a few areas in which there are any significant differences between our projected land uses and the Counties, this does not happen to be one of those areas. Councilman Hansen: What do we propose for the land-immediately to the west of Randall Road near the Big Timber-intersection. Roger Dahlstrom: That entire area is designated urban residential on our land use plan, and our only concern as the staff with this type of subdivision is that if it were a subdivision of any type of magnitude, including any number of homes, I think it could effectively, at some time in the future, if it were large enough, effectively block the expansion of the city. We are obviously looking many years down the line, but estate type development, large lot estate type, effectively blocks urban expansion because it makes it very expensive to extend sewer and water facilities to them, or past them. So it can act in a sense as a growth limiter. One of the purposes in designating this area urban residential was to prohibit the city from sometime in the future reaching an artificial limitation due to an expansion of estate type residential dwellings. Frankly, the staff had no-choice but to recommend denial because of the form of the comprehensive plan, it is a matter of policy which we feel is stated and we should not take a position in contrary to, but I think that both of the hearing bodies recognized the fact that we have one individual who is building one home for his son and has no plans to develop the rest of the property in any extensive estate residential fashion. Councilwoman Shales made a motion, seconded by Councilman Schmidt, to approve Kane County Petition 2722. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nay's: None. AUTHORIZATION TO SET PUBLIC HEARING FOR PROPOSED THIRD AMENDMENT TO VALLEY CREEK ANNEXATION AGREE- ON JUNE S, 19b4 AT :00 P..R. Counsel Jentsch: Before you entertain a motion -on that, are they going to go back for a rezoning on the property in this petition. Jerry Deering: I talked with Attorney Heimburg today and he wants to go ahead with the annexation hearing, he feels he can give you some language that will satisfy you that a rezoning is not necessary. Counsel Jentsch: Then that is a different petition that has to be filed with the Clerk. The petition that is filed now seeks a third amendment that in part requires reclassification of certain property, RIM VOLUME XLIX and in shat form it requires the Land Use Committee to hold a public hearing and make a recommendation to the City Council, and it does not seem possible that they can do that by June 25th. Jerry'Deering: No, that.would be impossible. Counsel Jentsch: If he has a different amendment he has to get it into the hands of the Clerk so that when she publishes she has one available for the public to look at. Jerry Deering: I thought that possibly since she has the original proposed amendment on f i l e this would be -Just o revision of tliat ame n dme'n t . Counsel Jentsch. But the idea is the public has to know what is being proposed before she publishes it. If you want to set it for that date and it turns out that the Clerk does not have enough time to publish you will be faced with another public hearing date in July. Jerry Deering: Attorney Heimburg understands that and I am sure he will give you the language. Mayor Verbic: We could go ahead and set,the hearing date and if a change is necessary we can change it at the need meeting. Councilman Hansen made a motion, seconded by Councilman Andersen,, to authorize the public hearing for June 25, 1984 at 8 :On p.m. Yeas: Councilmen Andersen,.Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays None. RES.OLUT I ON A.NOPTE D CLOSING A PORTION OF CHAPEL ST. Mary Cama.cho, Executive ,Director Neighbo- r'hood Housing: This is a recommendation made by the Neighborhood Housing 'Services; Neighborhood Pl.ann.ing Committee. There was some dissention the last time if you recall and since that time representatives from the Planning Department and from .Nei,ghbo.rhood Housing Services, volunteers have met with those people that.we:re. dissenters and what we did was show , them.the -new drawings that were made by the Engineering Department and allayed their fears as far as parking and other things were concerned. Those people are with us again this evening and they do fully agree with what we are proposing.. VOLUME X! I X Mayor Verbic: You mean the people who opposed it are now for it. Mary Camacho: Yes.they are. Mike Lullie, 1.61.S. Chapel: We were strictly opposed to this, my wife and 1, but we were informed around that it would -not devaluate our property, so we got to9ether with my next door neighbor and we decided that it would maybe .be a good thing if they did block that street off. As long as they eliminate public parking on the west side of`the street. We don't want the Courier News parking in there because they take up all the parking space and when we''have company they have no place to park. On that one-condition it would be a good idea. So they agreed to that and if they want-to go`;th'rough with it, it is fine with us. Mayor Verbic: How about Mrs..Pratt who has called me two or three times. Mary Camacho: We did meet with he -r this morning, her daughter is here and she did meet' with-us also and her - concern was also the parking, because there are friends that cannot drive there and walk very far so that was..her concern too. If-we can provide parking for the Lul i es and ;for -Mrs. Pratt on the one side of the street, 'which would be the east side of the street where both residences are located that they wou'1d be satisfied and they would go along with it. We have.also told them that there is going to;be, additional 1 i ght i ng in Davidson Pay kk which i.s right them also. Mayor Verbic: Ha.s that been proposed. with HCD funding. Mary.C_amacho: Yes. ?69 Mayor Verbic: I am always concerned about shutting off a street like that especially when you,have a rough winter like we had in 1978. 1 know the complaints I received throughout the city where these cul -de -sacs are, one you have that accummulation' and it is extremely difficult to get them cleaned. You had to have end - loaders come in and these people were really paralyzed for a good period of time. Mary Camacho: We have been assured by all_the departments .that none of the services will be discontinued. Mayor Verbic: I am just stating some -of the - problems which experienced when we had the big snow and that is my problem with shutting off the street. Councilman Gilliam made a motion, seconded by.Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and.Waters. Nays: Mayor Verbic. 270 VOLUME XLOX RESOLUTION CLOSING A PORTION OF CHAPEL STREET BE IT RESOLVED BY THE CITY COUNCIL OF TITB CITY OF ELGIN, ILLINOIS, that that portion of Chapel Street in the City of Elgin, from Villa Street to that point 30 feet north, shall be closed effective June 12, 1984. BE IT FURTHER RESOLVED that street maps be amended accordingly. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: May 29, 1984 . Adopted: May 29, 1984 Vote: Yeas 6 Nays l Recorded: Attest: s/ Marie YeArman Marie Yearman, =City Clerk ORD 9 NANCE PAS-S € "D A'DO`FI i NG A CENTRAL BUS l 9ESS DISTRICT PLAN 'FOR `THE C 1 TY OF -ELG 1 N 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 X LIX Ordinance No. G24 -84 AN ORDINANCE ADOPTING A CENTRAL BUSINESS DISTRICT PLAN FOR THE CITY OF ELGIN WHEREAS, the City of Elgin has determined that it is appropriate and desirable to encourage the revitalization of the Central Business District; and WHEREAS, a Business District Plan must conform with the comprehensive plan of the municipality; and WHEREAS, the Planning Committee of the City of Elgin has heretofore submitted its recommendation for a Central Business District Plan for the City of Elgin; and WHEREAS, on March 7, 1984 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 plan were heard at said public hearing; and WHEREAS, the corporate authorities of the.City of'E1gin have considered the Central Business District Plan for the City of Elgin and.the statements of persons appearing at the public hearing heretofore described; and WHEREAS, the adoption of a Business District Plan must precede the exercise of powers set forth at Section 11- 74.3 -3 of Chapter 24, Illinois Revised Statutes, 1981; and WHEREAS, the corporate authorities of the City of Elgin find and deter- mine that it is in the best interest of the City of Elgin to adopt a Central Business District 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 Central Business District Plan for the City of Elgin recommended by the Planning Committee of the City of Elgin, 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 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 $5.00. Section 3. 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. 271 272 VOLUME XLIX Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Ver°bic MHard L. Ver ic, Mayor Presented: May 29; 1984 Passed: May-.29, 1.9.84 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Cler ORDINANCE PASSED AMENDING AN ORDINANCE RECLASSIFYING PROPER-TY AT M35, lb37., , AND LARKIN AVENUE Councilman Gilliam made a motion, seconded by Councilwoman Shales to pass the aforeme- n-tioned ordinance. Yeas Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX 273 Ordinance No. G25 -84 AN ORDINANCE AMENDING AN ORDINANCE RECLASSIFYING PROPERTY AT 1835, 1837, 1849 AND 1861 LARKIN AVENUE WHEREAS, on May 14, 1984 the City Council of the City of Elgin tabled Ordinance No. G23 -84 entitled "An Ordinance Reclassifying Property at 1835, 1837, 1849 and 1861 Larkin Avenue from R -2 Single Family Residence District to B -3 Service Business District "; and WHEREAS, said ordinance reclassified certain property at 1835, 1837, 1849 and 1861 Larkin Avenue but inadvertently contained an erroneous legal description. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section l of Ordinance G23 -84 entitled, "An Ordinance Reclassifying Property at 1835, 1837, 1849 and 1861 Larkin Avenue from R -2 Single Family Residence District to B -3 Service Business District" passed May 14, 1984, be and is hereby amended to read as follows: "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 B -3 Service Business District, the following described property: Lots 4, 5, 6 and 7 in Map No. 4 Fox River Hills, Elgin Town- ship in the City of Elgin, Kane County, Illinois." Section 2. That Section 2 be and is hereby added to read as follows: Lots 4 and 5 in Map No. 4 Fox River Hills, Elgin Township in the City of Elgin, Kane County, Illinois, shall be limited to one common vehicular access approach on Larkin Avenue and Lots 6 and 7 in Map No. 4 Fox River Hills, Elgin Township in the City of Elgin, Kane County, Illinois, shall be limited to one common vehicular access approach on Larkin Avenue. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard Lo Verbic RicharU L. Ver ic, Mayor 274 Presented: May 29, 1984 Passed: May 29, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s /Marie Ye rman Marie Yearman, City Clerk VOLUME XLIX RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH PYRO-MANIA FIREWORKS_ 1NFn-RPnR4LTFn Councilma.n,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 X L!X RESOLUTION AUTHORIZING AN AGREEMENT WITH PYRO -MANIA FIREWORKS, INCORPORATED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Pyro -Mania Fireworks, Incorporated, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RiEflard L. Ver ic, Mayor Presented: May 29, 1984 Adopted: May 29, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION RENAMING POST OFFICE PARK Councilman Schmidt made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbicm Nays: None, 275 276 VOLUME XLiX RESOLUTION RENAMING POST OFFICE PARK WHEREAS, it is fitting and appropriate to rename the property Legally described below, formerly known as Post Office Park, Carleton Rogers Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following property located within the City of Elgin, County of Kane: Lot 4 and Lot 5 in Block 9 of J. T. Gifford's Plat of Elgin in the City of Elgin, Elgin Township, Kane County, Illinois. be and is hereby renamed Carleton Rogers Park and that all maps be revised to designate such property as Carleton Rogers Park. S/ Richard Lo Verbic Richard L. Vefbic, ayor Presented: May 29, 1984 Adopted: May 29, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea'rma n Marie Yearman, City Clerk RESOLUTION D AUTHORIZING EXECUTION i TH ELG °@ N SWEEPER COMPANY Councilman Andersen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Ande:rsen., Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX 277 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELGIN SWEEPER COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Mahn, Acting City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Sweeper Company for the testing of a Diesel Pelican Hydrostatic sweeper, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic dchard L. der ic, Mayor Presented: May 29, 1984 Adopted: May 29, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED C10 -SING A PORTION OF GENEVA S"TREE"T Mary Camacho: This was also one of the recommendations made by Neighborhood Housing Services. We feel there have-been a lot of complaints by the -residents living there because of the way Geneva Street is made, people don't have to slow down to come around that corner and their concerns about parking. Councilwoman Shales: Are there any objectors left to closing Geneva Street. Mary Camacho: On Geneva there is one and it happens to be a gentleman that has his house for sale. Dennis Schoenbeck, 107 S. Geneva_: I do object to having the street closed. I have never found any trouble with the street being open the way it is now. There are three children who live on that street, two of which are mine. I don't feet they are going to be any more safe or secure by closing the street. We are still close to Villa and I wouldn'.t let my children play out in my front yard whether it was opened or closed. As far as the street being closed for a selling point for or against my house, I don't think that makes any difference. I have talked 280 VOLUME XLIX with my reaItor and he has talked with other° real tors and it doesn't seem tor-really make a difference. I just can't see any point to closing the street.- i see a problem with parking in front of my house. I also see a problem with getting into my driveway. I have a very narrow driveway. I get into my driveway from Villa Street, if I have to go down Geneva Street and make a tight turn I am going to have -a very-difficult time. ratricla Sage, 109 S. Geneva St.-. We are totally in favor.of this street being closed off, mainly because of the safety factor. They come _off of Villa Street at dangerously high speeds and when there are cars parked it is even more dangerous to see who is coming at'that speed. The people from the Turners also--'block 'our driveway regularly so we can't get in or out unless you go across the street and get these people to come. Access to our dr-i eway. would be difficult if they closed off the'street. However,, I- have driven a 1977 LTD going the °wrong way on South Geneva Street so that I could see how well we could or could not get into our driveway and every t me I made it without any trouble at all. We plan on living there and retireing there and it is just definitely an improvement and I would appreciate it if you could. see it my way. Councilman Schmidt made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Andersen,,.Giiliam, Hansen, Schmidt, Shales and Waters. Nays: Mayor Verbic. Mayor Verbic: I voted no for the same reasons as stated before. VOLUME XLIX RESOLUTION 3 CLOSING A PORTION OF GENEVA STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that that portion of Geneva Street in the City of Elgin, from Villa Street to that point 37 feet north, shall be closed effective June 1122 1984. BE IT FURTHER RESOLVED that street maps be amended accordingly. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 29, 1984 Adopted: May 29, 1984 Vote: Yeas 6 Nays l Recorded: Attest: "ICJ s/ Marie Yea man Marie Yearman, City Clerk 279 AUTHORIZATION OF PAYMENT TO.VARIOU,S VENDORS University of- Illinois $1,985 ®00 Tuition fees for one new police officer - basic law course. Board of Education $3,652.62 Rental of various school facilities. Councilwoman Shales 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. e VOLUME XLIX REPORTS RECEIVED AND ORDERED PLACED ON FILE Elgin Fire Department Fs_st Quarter Statistics Cemetery Report for Apri1, 1984 Transportation Operations Report for April, 1984 Public Works Report for April, 1984 - City'Traffic.Committee_Minutes - 5/10/84 Councilman Gilliam made a motion, seconded by Councilman Hansen to place the aforemen'ti -oned reports on file. Yeas: Counci 1men Andersen, G', 11 iam,` Itansell', Schmidt, Shales, Waters and Mayor Verbic. Nays;, None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJO- URNMENT Councilman Andersen made'a m-o- t'ron,-`secended by Councilman Gilliam to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, GilIiam,'Hansen, Schmidt, S.ha'les, Waters and Mayor Verb.ic. Nays: None. The meeting was adjourned at 9:20 p.m. t - j ___� J== Mar o e 1(earman C i ty Clerk VOLUME XL.IX June 11, 1984 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 11, 1984 at 8 :05 p.m., in the Council Chambers of City H.a.11. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Arlene Christopherson of the Faith United Methodist Church, and the Pledge of Allegiance was led by Councilwoman Shales. ROLL CALL Roll call was answered by Councilmen Anders'en,' Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: Acting City Manager Bob Malm, Corporation Counsel Erwin Jentsch, City Clerk Maike`.Yearman, and members of staff. MINUTES OF THE MAC! 29, 1984 COUNCIL. MEETING APPROVED' AS PUBLISHED Councilman Waters made a motion, seconded by todncilwoman Shales to approve the May 29, 1984 Council Minutes as published. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Governor's Home Town Award Mayor Verbic: i would like to read the following Letter which was sent to me by Mary Comacho, Executive Director of the Neighborhood Housing Services of Elgin, Inc.: To Mayor Richard Verbic and the Elgin City Council We are proud to report that Elgin has been awarded First Place in the Governor's Home Twon Awards under Category VI (Population 43,001 and over). On April l5th, I submitted three projects - our Neighborhood Housing Services Program combined with the restoration of the NHS office, the Historic District and the ElginWater Treatment Plant. The judges immediately advised that:the Water Treatment Plant was not related to the other projects so it was disqualified.' On May 23, 1984, the NHS hosted the judges, providing additional information through slides and documentation At that time, we were advised that we had been selected as one of the five finalists and were invited to attend the Home Town Awards banquet on June 6, 1984. The final decisions were to be announced at that time. On June 6th, Councilwoman.Marlene Shales and I represented Elgin at the Presentation Banquet for the Governor's Home Town Awards. We are happy to say that the First Place has been awarded to Elgin for the establishment of the Neighborhood Housing Services Program. 282 VOLUME XLIX This coming Monday, June 11`, 1984, the NHS will be presenting the street sign to the City Council and will be giving recognition to the NHS corporate members and sponsors for their work. The NHS is quite proud of this award and of what it means to the City of Elgin. Sincerely yours, s/ Mary Go Camacho Executive Director Mayor Verbic: Thank you Mary for this very fine letter and on behalf of all the people in Elgin 1 would like to commend those who have given of their time and participated actively making it possible for Elgin to obtain this award, Mary Camacho: Thank you Mayor, 1 would like Marlene to help us with the presentation and to tell you a little bit about the competition we were up against. Councilwoman Shales: Mr. Mayor, Members of the City Council and members of the audience, I would jus't.like to say a few words about the Governor's Home Town Awards Program. It is a.program designed to assist communities in tfie'ir improvement efforts by giving State - Wide recognition to those efforts. All incorporated communities, municipalities in the State are eligible to participate. From all . the applicants that are received 30 communit.ie.s are chosen. There are 5 communities chosen in each of the six population categories. When you are chosen and asked to come to the Governor's dinner in Springfield, you know that you are going to get some award, so we went to Springfield knowing that we would get at least one of the two honorable mention, or either third, second, or first prize. The points are given based on local need, community participation, the results of the project and the continuity of the project. They are most interested that the project will continue, In our.category, which is category VI, the largest cities category we were up against Naperville, who received honorable mention. Skokie also received honorable mention in ourcatagory. Schaumburg received third place in our category. Second place went to Springfield and by this time we . were the last on the program and we were really excited because we knew that we were going to get first place. We were last on the program and I was so excited to be there, I did not do any of the work but i got to reap the glory', and I thank you, Mary Camacho: I want to add that Elgin, and specifically NHS was selected as a first place winner because of the need for this type of program, because of the volunteerism, the success and th.e continuity. This criteria best expresses the feelings of all the people who have been involved in the NHS program and I would like to introduce my staff, members of our Board of Directors and Committees. We have approximately 100 volunteers involved on all the committees for the NHS and this really makes me feel great. VOLUME XLIX 283 I am very proud to present this street Sign and we can get more for the entryways of the city, and also the plaque for first place. BBD AWARDED FOR TWO SANITATION TRUCK..CHASSIS Councilman Hansen made a motion, seconded by Councilman Schmidt to award the bid for two sanitation truck chassis to the low bidder, Northwest Ford Truck Center, for total price of $80,572.72. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt Shales, Waters and Mayor Verbic. Nays: Done. B I D AWARDED FOR TWO_ PACKER BODIES Councilman Waters made a to award the bid for two Municipal Equipment, for in this net price is the Councilmen Andersen, Gil and Mayor Verbic. Nays: motion," seconded by Councilwoman Shal 'es packer bodies to the sole bidder, Bruce a total price of $37,144.00. Included trade -in allowance of $62.50.00. Yeas: liam, Hansen,' Schmidt,.Shales, Waters None. B I D AWARDED FOR TWO '-- DUM'h '-FRUCKS FOR `PUBLIC WORKS Councilwoman Shales made a motion, seconded by Councnlman Hansen to award the bid for two dump trucks to the low bidder, Schmerler Ford, Inc., for a total price of $57,593.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt; Shales, Waters and Mayor Verbic. Nays: None. B I D AWARDED FOR C ONSTR`UCT FON" 'OF A "COMMUNICATION .EQUIPMENT 'SHELTER BUILDING Councilman Waters made a motion, second' 'by'Counci'lman Gilliam to award the bid for construction of a communications equipment shelter building to the low bidder, Irving' Construction, for a total price of $8,649.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and .Mayor Verbic. Nays: None. BID AWARDED FOR HISTORIC DISTRICT SIGNS Councilman Gilliam made a motion, seconded by CouncT-1man Hansen to award the bid for Historic District signs to the sole bidder,. Weaver & Associates, for a total amount of $10,252.50. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, SI-hales,.Waters and Mayor Verbic. Nays: None. BID AWARDED FOR CHAPEL & GENEVA STREET CLOSURES Councilman Gilliam made a motion, seconded by Councilman Andersen to award the bid to the low bidder, Alliance Contractors, Inc., for a total price of $26,247.40. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 284 VOLUME XEIX PETITION 22 -84 REQUESTING A-N AMENDMENT TO CHAPTER T9—.—r4 —.0 O BY ADDING " 1 DAY CAF CTMTFPgII T TNP P-9 QUESTING ANA ND" , f T .,,TO = AST R . bI B ETING "DAY CAR .;C -T... F.'r:i r Jerry Deering: The approval ``of this text amendment would add day care centers to the 'R -2; R -3 and R -4 residence districts special use list. I wanted to note that'because it is a cummulative aspect of the special use list in the residence districts. Currently day care centers are`lts-- ted`'as "a special uses in the R -4 district, all business districts and all manufacturing districts. This would add it to the R -2, R -3 and R -4. Councilman Schmidt: I would like to know why you are making this into an R -2 when we already have R -3 and R -4 for day care centers. Would it not have been simpl'e`r just to make it an R -3 or R -4, why go through the whole process of R -2 around the whole city. Jerry Deering: It was felt that in some situations a location could be suitable for a day care center but it may not be suitable for R -4 zoning, any one of the business classifications or manu- facturing classifications as the underlying zoning. If the city were to add day care centers as a special use to the R -2 and R -3 districts the city could, in certain specific locations have more control over the underlying zoning classification. You have to remember that when a property is granted a special use, say for a day care center, that special use can be abandoned at any time and the property can be developed and zoned the underlying zoning classification. By allowing it within are R -2 district as a special use the City Council would have to act on that specific location and by allowing it in the R -2 and R -3 district there would be greater control over the underlying zoning classification. Councilman Hansen: What was your rational for going this .way rather than just rezoning this property to an R -4. Jerry Deering: It was the Planning Department's feeling that the city would have greater control if the property remained R -2. Joseph A. Byrnes, 85 N. Aldine: I have been requested to speak before this Council on behalf of a group of property owners residing in Elgin, who are present with me tonight. Our main concern tonight is with Petition 23 -.84, which is second on the agenda,.but we feel as concerned residents of Elgin we must speak out on Petition 22 -84. We totally agree that with today's economy day care centers are a necessity. We find that more and more parents, both husband and wife, must work to keep their heads above water or even to get ahead of the game. So what better place is there to send their VOLUME XLIX 285 children but to a day right for the City of centers into a single it is not right. Day established to make a should not be allowed disrupting the lifest care center, but our questioih "i's, 'is th i s Elgin and its residents to allow day care family residential neighborhood. We feel care centers are a business, a business profit, profitable or non- profitable businesses into a single family residential - .neighborhood, yles of the current residents. If this petition is approved what is to stop a--homeowner from converting his house into a day care center. We realize that they will still have to petition the city requesting a special use for a day care center under the R -2 ordinance, but we feel. that the city would be swamped with such requests, also there would be a strong possibility of saturation of day care centers within.a given neighborhood. In summarizing we feel that this change is not in the best interest of the city. Attorney Bazos: If we were to accept the argument just proposed what the. city would besetting up would be a distinction that a not- for - profit day care center could be- operated because of the fact that it is not for profit, whereas ,"a profit day care center of the exact same configurations could not be operated there. Zoning is a question of land use and land use is certainly not effected by whether the party operating that use is making a profit or not. So I suggest to you that unless the Council feels that the existing special uses are inappropriate that this is a natural extension of them and also as Mr. Deering indicated it does give the city more control. Dr. Ben Hewie, 151 Brookside Drive: I happen to have a two year old son, 1 happen to be a working man, my wife is also in a working class and wer- therefore need day -care. 1 don't want my son shuttled off -to some manufacturing district or some factory area,wiiich is apparently what.Mr. Byrnes would like to have. Quite frankly, a residential neighborhood is where my -son should grow up so I live in one. would suggest to this Council that perhaps we consider raising children is a.residential function and as long as there are certain limits placed on the density, the number and perhaps the hours of operation,, a day care center fits very well into an R -2, R -3, R -4 or an R -1 zone, and I would suggest that the petition of the Planning Department be approved for that reason. Barbara Pampel, 428 Fulton: I am a working mother, I have had my daughter at the Learning Tree for two years, she has made remarkable progress during that time because of the type of care that she has received. What really annoys me is Mr. Byrnes' remarks that none of these people want a day care center, or a profit making center in that area. I would like to point out that Yaney's Chicken place is several places down, I believe they: -try to make a profit, there is a car repair place, no one is concerned about too many churches in the area, but profit making is out of the question. R VOLUME xLix Geraldine Krider, 1101 Birchdale Dr. 1 am addressing you as a parent, teacher and an active concerned citizen of Elgin about an issue that was brought before you concerning the Learning Tree Day Care Center on North Aldine. Recently the owner, Hannel.ls, came before the Council requesting permission to expand their facilities to accommodate their growing after school program and other programs there. They were met by citizens of the neighborhood who expressed their unfounded negative opinions of the school and the parents of the children who attend the school. As a parent of one of the students of the Center 1 would like to express my view of the .Day Care Center from a first hand observation. My daughter has been an active, learning student at the Learning Tree since she was two years old. Now she is five and will be involved in the after school program in the Fall. As a very observing mother and teacher 1 felt that my daughter's needs have been met and the staff has helped to bring out her best and the best abilities of all the students who attend. 1 would hope that the Learning Tree will be given permission to expand their facilities., thus provide more of the quality day care service that is sorely needed is Elgin. Those who choose to cast a negative light on the Learning Tree -may need to come within the doors and learn what quality day care is all about. Christine Dorwas, 100 N. Aldine: We are not complaining about Learning Tree, its fine, it does a good job, they have been cooperative. We do.not need another one. It is not adjacent to it, it is a separate location. We just do not want to have two in one block. Sue Rux, 954 Koshare Trail: Day care'services are needed for all people within communities. As the need for national child care grows so does the need for child care in the City of Elgin. B believe it is to the advantage of the taxpayers in the City of Elgin to have a well run day care center in the city, such as the Learning Tree. Schools are built in communities to serve the residents, should.not our day care centers be also built in those communities. We would not consider sending our elementary school children to a district other than a residential district for school therefore ! recommend that day care centers be also included in those types of communities and situations. When you grant special use to places like the Learning Tree, they in turn pay additional taxes for their residential use. Those taxes are returned to the city. l also believe that since the two people who are requesting this rezoning are lifetime citizens of Elgin and are trying to do a community service for the City of Elgin and for its residents they deserve that opportunity. . VOLUME XLIX Councilman Andersen: In order to get this matter on the table I would make a motion to approve Petition 22 -84. Councilwoman Shales: I will second that. Mayor Verbic: If there is no further discussion I will have the City Clerk call the roll. Yeas: Councilmen Anderse.n,.Shales and Mayor Verbic. Nays: Councilmen Gilliam,'Hansen, Schmidt and'Waters. PETITION 25 -84 REQUESTING A B -2 CENTRAL BUS I NESS DI STRICT SPE- CI.A-L TS'E FOR' A CHURCH PROPERTY L0C . T -S AVENUE BY .THE NEW LIFE -°B'i PTI'ST C URCH APPROVED Jerry Deering: This pe ifion concerns the property located at the northeast corner of Highland and Douglas, immediately across from the Civic Center parking lot. At i•ts regular meeting of May 7, 1984, the Land'Use Committee recommended denial of the requested special use for a church. Reverend Dennis Hill: I am the pastor and organizer. of -the New Life Baptist Church. The congregation of this church consists of about 30 to 35 active members,�predominately black, who have j been asked to vacate their present worship place and who are faced now with no place to go. Within the black community we have about 7,000 strong and that is approximately 10% of the Elgin population. To serve our community there are only four predominately black church congregations owning their own building. If you would allow us tonight to proceed with the opportunity to buy 51 Douglas we would be the fifth. 287 The building that we are interested in is next to a video arcade who has obtained a special use permit from you and whose owners express no objection to the church. We realize that the city is planned and from time to time has to be. revised for the betterment of the community. However, _1 point out that the race, color and creed of the city residents should not be planned, but when the city is planned these things should be taken into consideration, and adju.stments to any and all plans should be made on behalf of the community. We are also aware of the financial status that retail business gives to a city, especially in a downtown area and the concern of 51 Douglas being taken off the tax roll. However, we believe that our members, friends and visitors, .by their presence downtown will increase activity downtown and thus generate more revenue for the city. It has taken us five years to obtain and try to possess-our first owned building and we believe it will take us another five years .. .. VOLUME X L I X to move on and leave that building in such a fashion that the value will have increased in such a way that any retail or any other business can move in and use 51 Douglas. Cynthia Hill, 214 Ann Ste: our response to the special use standards are as follows: Special Use Standard (a) it is deemed necessary for the public covenience at the location, we judge 51 Douglas necessary because there was no other place available. Location of said area convenient for Elgin citizens, substantial parking is nearby, 51 Douglas is relatively close to other well established churches. (b) It is so designed, located and proposed to be operated that the public, health, safety and welfare will he protected. The design of the building could easily bevremodeled without damaging said property, leaving it easy to be remodeled again for a future owner or business. Paul Zumkeller, 2660 Flagpole C`t::- 1_'am President of Ackemann's which is just to the east of this subject property. I would like to enter my objection to the petition for two reasons. Use of the property at 51 Douglas would remove it from the tax rolls, Ackemann's is already paying a larger than expected share of the tax in the Special Assessment District and does not want another increase. We would prefer that the property be used for a retail oriented business in keeping with its neighbors. Councilman Gilliam: I read the recommendations from the staff and I also read part of the transcript and I think there are some key issues that we should be concerned about. One, downtown is vacant, there are a lot of vacant places downtown. This building has been vacant for three years, I think that was indicated.. A.iso Reverend Hill indicated in his statement that they are not going to be there forever. I think he indicated that he hoped that the congregation would grow_ so that in five years they would move on and the building could go,back on the tax rolls. He also indicated that with the church being there that it would bring additional people downtown and [ think that is a key also. [ understand staff's concern that it is not a proper use for downtown, but right now it is a vacant building. I mean the building is vacant, there is nobody there and it is not being used." The person that is there is probably paying taxes, but at least it would bring some life downtown. There are other stores that are also downtown that are vacant that could be used for retail or for other uses and I also am concerned that it is only a five year period. We know that we are struggling with downtown and it is going to take us'-probably another three to five years before we do anything with the downtown and by that time the church will move on. So I think that one church there is not going to disrupt the downtown plans which may be for a five year period. I would like to make a motion for approval. VOLUME X LIX 289 Councilman Andersen: I will second the mot1on. Councilwoman Shales: I wish this building were anywhere but in the central downtown core. I really would like to see this group obtain a church and a church near the downtown area.' I don't wish them any ill will, but I have made a commitment to try to keep the central downtown area' retail or at lease a related commercial or support kind of area and I really feel that I cannot approve this use of that building. Councilman Gilliam: In response to Councilwoman Shakes' comments. I don't think that one church is going to destroy or alter our plans for downtown. It.is not like people are fighting to get to the buildings that aee vacant downtown. I really feel that one church in downtown is not going to destroy our plans. am not being negative, I am just saying there is room for retail toccome in, there is room for other stores to come in and it is very difficult for a church to locate anywhere in the City of Elgin because you have the parking problem and the further you get out from the city the more expensive it gets. I think on a temporary basis and that is what I think it will be, temporary, for a five year period and I think that gives us time in downtown to get our act together and you will find that more than likely the church will be gone and,, 'you will not find a lot of churches coming downtown. I think that by us supporting this it will not be detrimental to the long range plans for downtown. Councilman Hansen: This petition as submitted would not be for a five year plan, or is that even possible. Counsel Jentsch; I think it is doubtful] that you could require that in the absence of showing that the duration is required to protect the public interest. Councilwoman Shales: If the special use is granted for that building, say they leave in three years, could it be turned over to another church.-.-without coming back to the Council. Counsel Jentsch: It could if the use is the same. It is not the identity of the user that controls the use of the land. Councilman Schmidt: Do you intend to do any alterations to the building. Reverend Hill: Yes we do, we plan to paint and in talking to Lamp Construction one of the things we plan to do is enlarge the bathrooms. Councilman Schmidt: I think I am more concerned with the outside walls. 290 VOLUME XLIX Reverend Hill: We do plan to paint it, but as far as any major changes, no. Councilman Hansen: If in fact this property were to be taken off the tax rolls would the assessments in the special district on the remaining tax paying parcels increase. Counsel Jentsch: It depends on the value of the property in special service area. Each year the taxes aga:inst each individual property can differ depending upon their value. Obviously if you reduce the total assessed value inthe special service area that burden is going to have to be shared by the others. Councilman Andersen: Inasmuch as l have some property in this special service area down there I will have to abstain from voting on this proposition. It gives the appearance of conflict of interest and,I will abstain. Attorney Steffen: I was listening as a bystander.and I also am a property owner at 17 Douglas Avenue and I for one would welcome these people as ne- ighbons four doors away and we would be more than.happy to pay any additional tax that would result in. Mayor Verbic: If there is no further discussion, will the Clerk call for the vote. Yeas: Councilmen Gilliam, Hansen,-Schmidt, Waters and Mayor Verbic, Nays Councilwoman Shales. Abstained; Councilman Andersen. PETITION 21-84 REQUESTING AN R -4 GENERAL i UFN ANUAV'uU14L u[.VtLur1'itlVl AYYKUVtU Jerry .Deering: The proposed' coi m' n,i ty service fat i l i ty is more specifically a group home for a maximum of eight developmentally disabled adults. The subject property is Iocated on the east side of Douglas between Seneca and Cherry. At its regular meeting of May 7, 1984, the Land Use Committee recommended the approval of this request for a special use, subject to the three conditions outlined in their findings of fact,. Roger Franzen, Attorney for Individual Development: At your request we would again present or re- present any of the facts, if not we will let Council consider our request as reflected in the transcript and findings of fact. Councilman Gilliam: I would like to get the matter on the floor and I move for approval of Petition 21-84. Councilman Waters: I will second that. i VOLUME XLIX 291 Attorney Steffen,.-Attorney representing objectors Attorney Franzen: Mr. Steffen was not at the public hearing and I assume his objectors who are set forth on these petitions are here and I trust that we will have the opportunity to_present our case again. They were all notified of the public hearing, the transcript indicates a couple of objectors there and we feel that is the case: upon which this Council should decide the issue. I think we have 90 individuals who the contiguous property to the 413 facility necessary for the public Will it protect the public health, it cause substantial injury to the property. are immediate residents of Douglas location . Is this convenience at that location. safety and welfare and will value of the neighboring Obviously I cannot argue against the type of facility. What I am here to do tonight is to argue-against this particular location and the best argument that I'have is the 90 signatures that you will find;on this petition and I ask that-you consider very carefully b-efo -re granting this petition.. Attorney Franzen: First of all we don't know anything at all about the people who have signed this petition.. Of these 90 4 of them seem sufficiently. concerned `to appear tonight. If those in favor of our-petition would stand, we did not make any attempt to pack the crowd, these are-people with genuine interest. The Association for Individual Development sent letters to over 40 adjacent homeowners, explaining the program and the - residential use and asked :fo:r responses and comment's. Not one neighbor called the Association and asked for a rep- re- re to come out and explain the kind of use'that is before this Council. Mayor Verbic: Have you had any police reports on disturbances in that particular area. From reading the transcript there was an indication of .problems in this particular area .I also read where these disabled individuals would be taught how to take a bus and I just worry about wh(:ther or not that site area is suitable. Attorney Franzen: We have not asked the.police to give us reports on problems in that area. There are a number of children who live in that area, if the neighborhood is safe for residents and children we feel it is equally safe for the use we propose. Gregory Clark, 904 Brook Ave.: I am the owner of 413 Douglas. A year ago my wife and I relocated to Elgin from the New York City area. We were filled with reservations about coming to Elgin, to be honest we had a lot of people say negative things about it. We came to Elgin and put an investment into Elgin. 292 VQLUME XLIX We lived in this property until about three weeks ago unfortunatel," my wife was unable to adjust to the home and we had to relocate. If it were not for that we would still be at 413 Douglas. As a concerned Elgin citizen I am 1007. behind this purchase and this use. I think that people who are in this situation need as much of a qualify homelife as we enjoy and I think they should be given it. Norma Perez, 420 Douglas AvenueF I have been informed that this area is considered a high risk area, I guess my main concern is if these people are easily influenced, take advantage, I don't see why we would want to put these individuals in a high risk area, if we are sacrificing their safety. If there is no other facility should we wait for a facility where their safety is not in danger. Another point that I want to make was the Coud.sel had stated that nobody had called in to ask questions, '-In talking to all of my neighbors, I think that many of discussed this intelligently, we did understand the information that was distributed to us. have been a social worker going on five years now, working in the area and we work with these people on a daily basis. I am aware of their needs, I am aware that there is a residence needed. However, I don'tthink that we should jeopardize their safety beca'us.e this is the only home in the Elgin area that is available and meets these codes.. I think if the families of these people were aware of the type of neighborhood and the way it is classified, I think they would be concerned also. Attorney Franzen: If in fact there is a crime problem in that area. If in fact the residents of that home are the victims of crime in a disproportionate manner, I am sure the Association would deem that location to be inappropriate and would terminate its use and sell the property. Mayor Verbic I am still worried about the site I think there are other areas in the city which would be more adaptable for this purpose.. If there is no further di- scussion will the Clerk please call the roll. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales and Waters. Nays: Councilman Andersen and Mayor Verbic. PETITION 27 °0 REQUESTING AN R -3 C IAL OPERTY ,ferry Deering; This petition concerns the property located at the southwest corner of Perry and Locust. This property is improved with a structure which was formerly used as the High School's Convent. The petitioner proposes to convert the convent into a maximum of four classrooms, one chapel, one office and one faculty lounge. At its regular meeting of May 21st, 1984, VOLUME XL1X 293 The Land Use Committee recommended the special use approval, subject to the conditions outlined in the Committee's Findings of Fact. Attorney Theodore N. Schnell, representing St. Edward's High School: A neighbor who lives at the corner of Crosby and Elm has offered her home for sale, which would be ideal for the use of a convent, and she has offered it at a very reasonable price the school feels. Mr. Warski, the principal and Father Harlan Clapsaddle are here from the school and 1 would ask Mr. Warski to tell you what their plans are for this building. Mr . 'Y,arski.- ,ply iii-nmediate plainss fo,r tdie bui idIng at 100 Perry Street would be to install two small classrooms, one chapel for student use, an office for religious pastoral counseling and a lounge for the use of our teachers. As Mr. Deering had stated in his presentation there would be the potential for four classrooms in the building eventually. The immediate plans call for just two small class- rooms. if you approve this petition you will be making a.statement in favor of quality, private education in the Elgin area and you will be giving St. Edward High School an opportunity to greatly enhance their educational programs by the additional facilities that would be provided. Father Clapsaddle; At the present time we have to use a combi- nation classroom and chapel with a portable alter for daily Mass.. I also for the six years that I have been in Elgin have done a lot of youth ministry work and counseling for young people throughout the Elgin area. Not just Catholic, but all demoninations, and at the present time my office is inadequate. Councilman Schmidt: Mr. Schnell, by small classrooms how many students do you anticipate. Attorney Schnell: Twenty to twenty -five. Councilman Andersen made a motion, seconded by Councilman Hansen to approve Petition 27 -84. Councilwoman Shales.- I believe we have two different sets of recommendations and I would like to know which set of recommendations are being included, the Land Use Committee's or the Planning Department's, Mayor Verbic: Well they removed number 2 and 3 and voted to approve the petition with staff recommendations 1, 1 -A.and 4. Do you want to address this recommendation in your motion. Councilman Andersen: I would include this in my motion. Mayor Verbic: Will the Clerk read the motion as amended. 294 VOLUME XLIX Clerk: To approve Petition 27. -84, sub'ect to the Land Use Committeeis recommendations 1, 1A and 4, as reflected in the public hearing transcript. Councilman Hansen: I will seconded the amended motion. Councilman Waters: I intend to vote in favor of the petition, however, in reading through the transcript, for the record I have to say that I think our staff took some undue criticism and think they expressed some legitimate concern at an appropriate time for that concern,.and it would be my hope that St. Edward's High School would find its appropriate to consider the development of off- street parking as has been indicated as a desire of the community through the ordinances. I think it would be an appropriate development for the High School and I personally thought that the staff chose this vehicle as an appropriate time to raise that issue, because there are no other occasions with which to do that. So I would indicate again that I intend to vote for this petition, but I would hope also that the High School would seriously consider what options it might have to the development of off - street parking. Mayor Verbic: I know that since I have been here we have addressed that problem quite often, but 1 don't believe there have been any recent complaints. I know it is a problem in a very crowded a.r.ea and there is no question about it. Your attempt over the years to acquire property has been one where you have had a financial problem as far as the acquisition and 1 think the transcript pointed out very adequately the need, but the reason that you are making the present change is because you have an opportunity to buy a house at a low cost. Attorney Schnell: That:is right. Mayor Verbic: If there is no further discussion I will have the Clerk call the roll. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 26 -84 REQUESTING AN AMENDMENT TO CHAPTER 19.2/.uiu RY Annmr. un mrF T FARWELL AND THE PLANNING DEPARTMENT APPROVED Jerry Deering: The approval of this pefition will add dance studio to the special use list of the office district. Currently dance studio is a permitted use in any of the business districts. At its regular meeting of May 16, 1984, the Planning Committee recommended the approval of the proposed zoning ordinance text amendment. VOLUME XLBX Councilman Gilliam made a motion, seconded by Councilman Schmidt to approve Petition 26 -84. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. PETITION 28-84-REQUESTING A REZONING FROM P ­,1NMF F ❑M11Y"R'1 °C1i1Fll1'f -' n]CTRI!'T Tn n Jerry Deering: The subject property is located at the south- east corner of Larkin and McLean. The Land Use Committee at its reguiar.meeting or May 21, 1984, recommended the approval of both the rezoning and the special use subject to the conditions outlined in the Findings of Fact. 295 Councilman Schmidt made a motion, seconded by Councilman Gilliam to approve Petition 28 -84. Mayor Verbic. I think this property. Councilwoman Shales: Again recommendations of the Land Department are a little bit Committee's conditions that approval. is a good use for that piece of in the Findings of Fact the Use Committee and the Planning different. Is it the Land Use we are recommending in our The Department had recommended operating hours for the dance studio be limited to a maximum of four days per week, whereas the Land Use Committee did not recommend that, so I just wanted to clarify the fact that we are voting on the Land Use Committee's recommendations. Councilman Schmidt: Let my motion stand as made with -no restrictions, as recommended by the Land Use Committee. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 20 -84 REQUESTING AN AMENDMENT TO SPECIAL USE ORDINANCE G42___82 FOR A SANITARIUM PROPERTY LOCATED AT 600 VILLA ST., BY MARK S_ MAGIER DI'B /A LOVELLTON -- APPROVED Jerry Deering: The subject property is located at the northeast corner of Liberty and Villa. Lovellton desires to add two new programs, one being non- residential and one being residential. At its regular meeting of May 7, 1984, the Land Use Committee recommended approval of the special use amendment, subject to certain conditions that are identified in their Findings of Fact. 296 VOLUME XLIX Councilman Gilliam made a motion, seconded by Councilman Schmidt to approve Petition 20-84. Mayor Verbic: I am on the Lovellton Board of Directors so I will abstain from this vote. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Nays: None. Abstain: 'Mayor Verbic. PETITION 16 -84 REQUESTING AN R -4 GENERAL 3E.S I DENCE DI STR`I CT SPL "C IAI I'MF FnR nFF_ • � 1� I L J I . The subject property is located immediately north of the Americana Healthcare Center on North State Street. It is for off- street parking, adding additional 29 spaces for a total of 49 spaces. At its regular meeting of May 7, 1984, the Land Use Committee recommended the approval of the requested special use for an off- street parking lot. Councilman.G,.illi.am made a motion, seconded by Councilman Schmidt to approve Petition 16 -84. Yeas: Councilmen Andersen, Gilliam Hansen, Schmidt, Shales, Waters and Mayor-Verbic. Nays: None. , RESOLUTION ADOPTED AUTHORiZiNG EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT Kennington Square 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 XLiX 297 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT (Kennington Square) WHEREAS, on July 7, 1977, the City of Elgin entered into an annexa- tion agreement with the owners of record of certain real estate described in Exhibit A which is attached hereto and made a part hereof by reference; and WHEREAS, the parties find it necessary and desirable to amend said annexation agreement; and WHEREAS, a public hearing has been conducted concerning the proposed ameend,ment to the above described annexation agr eemient; and WHEREAS, all hearings required by law have been held concerning the subject matter of the proposed amendment to the annexation agreement; and WHEREAS, the City Council of the City of Elgin finds that the proposed amendment to the annexation agreement described above is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute a Third Amendment to Annexation Agreement heretofore made by and between the City of Elgin and the Bank of Ravenswood, Trustee under Trust Nos. 2177, 2279 and 2280, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 111 1984 Adopted: June 11, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE 'PASSED AMENDING THE'SPECiAL USE HERETOFORE GRANTED BY ORDINANCE NO. G33 -77 Councilman Gilliam 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. 298 VOLUME XL1X Ordinance No. G26 -84 AN ORDINANCE AMENDING THE SPECIAL USE HERETOFORE GRANTED BY ORDINANCE NO. G33 -77 FOR THE PROPERTY CCvIONLY KNOWN AS KENNINGTON SQUARE WHEREAS, the territory herein described has heretofore been annexed by the terms of an annexation agreement; and WHEREAS, said annexation agreement provided for the granting of a special use for development of the territory described as a planned unit development; and WiERr,AS, the parties have agreed to amend the annexation agreement so as to substitue revised land plan; and WHEREAS, all required public hearings have been conducted after due notice as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the special use heretofore granted for the property hereinafter legally described by Ordinance No. G33 -77 be and is hereby amended by substituting the land plan attached hereto and identified as Exhibit B3 for Exhibit B referred to in Section 2 of Ordinance No. G33 -77. 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 Riiffiard L. Verbic, mayor Presented: June 11, 1984 Passed: Jane 11; 1984 Vote: Yeas % Nays 0 Recorded: Published: Attest: s✓ Marie Year n Marie Yearman, City Clerk ORDINANCE "PASSED AMEND I 'NG THE' PR'OV I S I ONS PROGRAM Councilman Hansen made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XL�X Ordinance No. G27 -84 AN ORDINANCE AMENDING THE PROVISIONS OF THE RESIDENTIAL REHABILITATION GRANT PROGRAM WHEREAS, the City of Elgin has heretofore established a residential rehabilitation grant program to encourage the rehabilitation of older housing units which are in disrepair or deterioration; and WHEREAS, the City of Elgin desires to expand the residential 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 L m i t sfri t hi—n the meaning of the Constitution of the State of Illinois and is authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, it is within the government and affairs of the City of Elgin and in the interest of the public health, safety and welfare to 'promote the rehabilitation of the deteriorating residential buildings in the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 5 of Ordinance No. G42 -77, as amended by Ordinance Nos. G28 -78, G28 -79, G45-79 and G27 -83, be and is hereby amended to read as follows: "Grants. A. Individuals within the neighborhood strategy area. The amount of any grant for owner- occupied dwelling units shall be determined by the Department of Community Development in accordance with the current grant reimbursement chart. The amount of any grant for non - occupant owners shall be 15 percent rebate; limited to a maximum rebate of $1,500 per structure, or the rebate percentage as it applies to a maximum of $10,000 construction costs. The minimum grant percentage shall be 25 percent rebate; limited to a maximum rebate of $2,500 per structure, for any owner of rental property that can document that at least 51 percent of the rental occupants meet low and moderate income guidelines. Non- occupant owners shall be limited to two (2) structures actively participating in the rebate program. Any owner -- occupant of a 2, 3 or 4 unit residential structure or any non - occupant owners must provide tenant's names and addresses and agree to maintain current rents for one (1) year from the date of completion. Any landlord, regardless of occupant status, will be eligible for a minimum 40 percent rebate provided they participate in the Department of Housing and Urban Development Section 8 Rehabilitation Programs upon written agreement to continue participation in such a program for a period of five (5) years. Owner- occupant landlords will receive 40 to 50 percent depending on eligible percentage, non- owner occupant landlords will receive a flat 40 percent rebate. Rebate shall be restricted to rehabilitation costs of dwelling units certified for Section 8 rehabilitation participation and common areas and systems of buildings containing such units." 299 300 VOLUME XLIX 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. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 11, 1984 Passed: June 1 1 , 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s / Mari e Yuma n Marie Yearman, City Clerk ORD I'NANCE :PASSED AMENDING THE EL.GI.N MUNFCITAL CODE -8Y ADDING TO THE LIST OF STOP INTERSECTIONS Councilwoman Shales made a' motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX Ordinance No. G28 -84 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, 1975, 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 Ryerson Avenue must stop at ha-s.' Street before cr rssi-lig .'fir er�tering the smile. All vehicles being operated on Washburn Street must stop at Ryerson Avenue 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 ton days after its passage and publication in pamphlet form by authority of the City Council. s/ Richard L. Verbic RY ar Lm Ve-r 7c, Mayor Presented: June 11, 1984 Passed: June 1 1 , 1984 Vote: Yeas 7 Nays 0 Recorded: Published: kt Aest : saroe ea man Marie Yearman, City Clerk RESOLUTI-O'N ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE 'RGGERS & HAMMERSTE_IN THEATRE LIBRARY__.. Councilman Gilliarn"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. 301 302 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGRE94ENT WITH THE RODGERS & HANAERSTEIN THEATRE LIBRARY VOLUME XLIX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to execute a license agreement with The Rodgers $ Hammerstein Theatre Library for the right to present the play Annie Get Your Gun, a copy of which is attached hereto and made a part hereof by reference. s./ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 11, 1984 Adopted: June 1 1 , 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea-man Marie Yearman, City Clerk "R'E'SOLUTION ADOPTED ACCE`PTING THE PROPOSAL OF CHAR -LES H. SCH ADER & ASSOCIATES 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 XLIX 303 RESOLUTION ACCEPTING THE PROPOSAL OF CHARLES H. SCHRADER & ASSOCIATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Ma]m, Acting City Manager, be and is hereby authorized and directed to accept the proposal of Charles H. Schrader & Associates for grant consulting services, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Ver 1c, Mayor Presented: :;me ll, 1984 Adopted.: ,tune 1 1 , 1984 Vote: Yeas % Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUT'IDN AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF PAUL A. REAUME ASSOCIATES.DENIED Councilman Andersen made a motion, seconded °by Councilwoman Shales to adopt the aforementioned resolution. Councilman Waters: I would move to amend this motion by adding to the resolution the following: Recognizing the value of shared insight and community participation in the decision making which effects the citizens of Elgin, the Elgin City Council hereby incorporates into, .,,the agreement with Paul A. Reaume Associates the inclusion of a provision whereby" a panel of civic leaders will participate in the interview process for candidates for the position of city manager and will submit to the Council a confidential assessment of each candidate. Councilman Gilliam: I will second the motion. Mayor Verbic: I personally feel that the Council is going to work with the city manager and I feel they are fully qualified on a meeting to meeting basis to exercise their authority as far as selection. Councilman Hansen: I would like to state that I believe we are charged by law to employ by law to employ the city manager. I believe that this Uody have all individually, and collectively, spent hundreds of hours in city government, working with the staff and I think that this body is the one that should select the new city manager. 304 VOLUME XLIX Councilman Gilliam: I think it should just be a body that would not select the city manager, but just have a chance to review the finalfew candidates and act in essence as other boards do, just to make comments. Not recommendations, and not prioritize, but just say here is how we feel about the five candidates.. Councilman Hansen: What purpose is there is they are not going to make a recommendation. If they make a recommendation, I would be sorry to see, it will be a devasive counter productive exercise. Councilman Gilliam; I agree with you up to a point, that they should no.t make. a recommendation. All they should do is say here is how we see the individuals working with our group and the City of Elgin period. The process still comes to us, but at least they have had the opportunity to of least talk to the individuals. Mayor Verbic: If there is no further discussion 1 will have the Clerk call for the vote on the amendment. Yeas: Councilmen Gilliam, Shales and W 'te°rs. Nays: Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Mayor Verbic: Now we will vote on the resolution. Yeas: Councilwoman Shales. Nays: Councilmen Andersen, Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. VOLUME XLIX RESOLUTION AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF PAUL A. RF.AUM E ASSOCIATES BE IT RESOLVED $Y THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, be and is hereby authorized and directed to accept the proposal of Paul A. Reaume Associates for the executive search and recruitment services for a city manager, a copy of which is attached hereto and made a part hereof by reference. Richard L. Verbic, Mayor Presented: Jule 11, 1984 Adopted: Vote: Yeas l Nays 6 Recorded: Attest: s/ Marie Yeman rie Yearman, City Clerk ESOLUTI ON ADOFTED �AUT'HOR I Z I NG ACCEPTANCE L 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. 305 306 VOLUME X L I X RESOLUTION AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF KORN /FERRY INTERNATIONAL 3 BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, be and is hereby authorized and directed to accept the proposal of Korn/Ferry. International for the executive search and recruitment services for a city manager, a copy of which is attached hereto and made a part hereof by reference. s/ Richard Le Verbic Richard L. Verbic, Mayor aresen -ed: .Tu-ie 11, 1584 Adopted: June 1 1 , 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year nTan Marie Yearman, City Clerk ORDINAMCE TA'S"SED CORRECTING AN ORDINANCE AMEN01NG JFIE '-SCtfrDUCE OF FEES FOR CEMETERY LOT SALES AND .BURIAL S "ERVICES 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 XLIX 307 Ordinance No. G29 -84 AN ORDINANCE CORRECTING AN ORDINANCE AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES WHEREAS, on May 14, 1984 the City Council of the City of Elgin passed Ordinance G19 -84 entitled "An Ordinance Amending the Schedule of 'Fees for Cemetery Lot Sales and Burial Services "; and WHEREAS, after passage it was determined that Ordinance G19 -84 was inaccurate in several respects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance G19 -84 entitled "An Ordinance Amending the Schedule of Fees for Cemetery Lot Sales and Burial Services" is hereby repealed. Section 2. That Section 2.24.200 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: 112.24.200 Lot or grave space -- Purchase price. A. The cost of lots is established at the rate of two hundred ninety dollars per grave space; of this amount one hundred ninety dollars -shall be credited to the general fund and one hundred dollars to the perpetual care find. However, if the sinking fund is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. B. The cost of infant grave spaces is established at seventy dollars. The cost of infant grave spaces in the adult section is established at two hundred ninety dollars. C. The cost of lots in Section 2 -A is established at the rate of three hundred seventy dollars per grave space; of this amount, two hundred forty -five dollars shall be credited to the general fund and one hundred twenty -five dollars to the perpetual care fund. However, if the sinking find is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. D. The cost of lots in the memorial sections is established at the rate of two hundred sixty -five dollars per grave space; of this amount one hundred ninety dollars shall be credited to the general fund and seventy -five dollars to the perpetual care fund. However, if the sinking fund-is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. E. On January 1, 1985 all grave spaces in A shall increase twenty dollars; all grave spaces in B shall increase five dollars and twenty dollars respectively; all grave spaces in C shall increase twenty -five dollars and all grave spaces in D shall increase fifteen dollars, to be credited to the general fund." f: VOLUME XLiX Section 2. That Section 2.24.230 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "2.24.230 Fees for burial services. The superintendent shall demand and shall receive the following fees in advance. Fees charged to the account of local Undertakers shall be paid within twenty days after services furnished.. Effective Effective Services 1/1/84 1/1/8.5 A. Burials 1. Adults, including tent Weekdays, 8:00 AM - 4 :00 PM $ 320 $ 340 Weekdays, after 4:00 PM 375 425 Saturdays, 9:00 AM - 1:00 PM 400 500 Saturdays, after 1:00 PM 475 575 Sundays and Holidays 475 575 2. Infants (48" grave box and below) Weekdays, 8:00 AM - 4:00 PM 75 80 Weekdays, after 4 :00 PM 1.3.0 140 Saturdays, 8:00 AM - 1 :00 PM 150 150 Saturdays, after 1:00 PM 200 225 Sundays and Holidays 200 2.25 3. Public Aid (grave, grave box and burial) (State of_Illinois to pay $200; funeral home to pay $98) Weekdays, 8:00 AM - 3 :00 PM only 298 298 4. Disinter /Reinter Adult disinter, weekdays, 8:00 AM - 3:00 PM only 345 365 Adult reinter, weekdays 8 :00 AM - 3:00 PM only 295 315 Infant disinter, weekdays, 8:00 AM - 3:00 PM only 110 115' Infant reinter, weekdays, 8:00 AM - 3:00 PM only 75 80 S. Cremations (Permanent container required, . subject to approval of Cemetery Director) (Cremains shall not be scattered on the grounds) Weekdays, 8:00 AM - 3 :00 PM 85 90 Saturdays, 9:00 AM - 1:00 PM 140 150 Saturdays, after 1:00 PM 240 250 Sundays and Holidays 240 250 VOLUME XLIX Services 6. Place Casket in Mausoleum Weekdays, 8:00 AM - 3:00 PM Weekdays, after 3:00 PM Saturdays, 9:00 AM - 1:00 PM Saturdays, after 1:00 PM Sundays and Holidays B. Vault Setting C. Grave Box Setting (Except for Aid. Public Aid shall be 50% of normal fee) D. , Grave Box (Except for.Public Aid. Public Aid boxes sold at current cost plus 10 %) E. Cremation Grave Box F. Tent (Other than adult burials) G. Sodding or Resodding 1. Adult Grave 2. Infant Grave H. Care of Vases and Urns, Each I. Foundation Charge J. Deed Transfer K. Seasonal Care 1. Single Grave Lot 2. Two Grave Lot 3. In excess of two grave spaces, each additional grave space L. Perpetual Care 1. First Grave Space 2. Each Additional Grave Space (Perpetual care shall be paid on entire lot prior to setting or engraving headstones or monuments on any portion thereof) Effective 1/1/84 $ 160 215 295 370 370 tiDD, i Iill 110 55 35 30 30 20 20 1s 10 13 3 100 100 Effective 1/1/85 $ 170 225 305 380 380 not( iio 120 60 40 35 35 30 25 20 15 18 5 110 100 309 310 VOLUME XLIX Effective Effective Services 1/1/84 1/1/85 M. For Receiving and Discharging Body from Receiving Vault: 1. Adult $ 20 $ 20 2. Child 10 10 N. For Storage in City Vault Each Month or Part Thereof: i . Adult 10 10 2. Child 5 5,r Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s./ Richard L. Verbic Ri&a-rd L. Ver,ic, Mayor Presented: June 11, 1984 Passed: June 1 1 , 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: S / Marie Yea an Marie Yearman, City Cler VOLUME XLIX AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Wayne E. Zimmerman Utility Equipment Co. Dealers Transmission Exchange Jimmy Diesel Inc. Thompson Elevator Arthur Styles 652 Keep Ave. 311 $5,354.00 Concrete steps and sidewalk at Lord's Park Pavilion. $2,550.44 Repairs to Aerial Bucket Truck $1,669.16 Transmission for Sanitation Truck #283. $3,149.50 Transmission repairs Bus 8093 $1,518.00 69 semi- annual elevator inspections. $1,800.00 Residential Rebate Program Councilman Gilliam made a motion, seconded by Councilman Schmidt to approve the aforementioned - payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND -ORDER'ED -PLACED ON FILE Comprehensive Annual Financial Report For 1983 Water Department Report for May, 1984 Greater Downtown Elgin Commission Minutes 5/7/84 Parking Lot Revenue 4/i/83 Parking Lot Revenue 5/1/83 Public Property and Recreation Board Minutes 5/22/84 Councilman Gilliam made a motion, seconded by Councilman Hansen to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Water's 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 to return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The tm6ee i ng was adjourned at 9:30 p.m. Marie Yearman City C er VOLUME XLIX June 25, 1984 312 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 25, 1984 at 8:05 p.m., in the Council Chambers of City Hallo The meeting was called to order by Councilman Andersen. The Invocation was given by Reverend George Schiffmayer, and the Pledge of Allegiance was led by Councilman Hansen. ROLL CAL!_ Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Absent: Mayor Verbic. MINUTES OF THE JUNE 11, 1984 COUNC I..L MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Waters to approve the_Uune 11, 1.984 Council Minutes as pub1i5hede Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Nays: None, APPOINTMENT OF MAYOR 'PRO TEM Councilman Gilliam made a motion, seconded by Councilman Hansen to appoint Councilman Andersen Mayor Pro Tem, Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and'Waterso Nays: None. BID AWARDED -FOR TYPEWRITER MAINTENANCE CONTRACT Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid to the low bidder, B & D'Office_Mach'ine Company, for a total net price of $1350.61, Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None, PUBLIC HEARING ON PROPOSEDJHIRD AMENDMENT TO THE VALLEY CREEK ANNEXATION AGREMENT Attorney Richard Heimburg, representing Valley Creek: The annexation agreement originally adopted included a recitation of some density in some of the single family duplex areas and several years ago a second amendment to the annexation agreement was adopted shifting some of the density from some of the single family areas and duplex, and at the same time a resubdivision plat was adopted, part of Unit 1, changing the lot configurations of those areas, some single family to be part of the duplex area. That plat was never recorded and the market conditions in the meantime have changed and we are now basically amending the ag�eemant to go back to where we were when we first started. li 313 VOLUME XLIX Counsel Jentsc.h: As Mr. Heimburg stated their proposed amendment simply shifts some of the density between certain areas of the subdivision, it does not change the zoning, there would be no'. changes required in the zoning ordinance, all that would be . required is a resolution authorizing the Mayor to sign the Third Amendment to the Agreement. Councilman Waters: I would move that we close this Public Hearing and d °erect the Corporation Counsel to present a resolution to this agreement. Councilman Hansen: I will second that motion, Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen, Nays: None. CONS I DFRAT I ON , OF FINAL PLA -T A- F''PROVAL FOR THE ELGIN 0 HARE BUSINESS CENTER UNIT "2 PROPERTY LOCATED AT THE NORTHEAS T CORNER OF STATE "`ROU7`E ' ' °AN'D THE NORTHWEST TOLLWAY BY ELGIN A-iRPORT'PROP'ERTY Roger Dahlstrom: The proposed subdivision features 22 lots to be developed with a shopping center and office, research and manu- facturing uses. At its regular meeting of ,tune 18, 1984 the Land Use Committee recommended final plat approval, subject to the''Planning Department's four conditions, by a vote of four yes and zero no. Charles Burnidge: They are moving earth at this time, Pepper Construction is the contractor and they have been working out there for about one week and a half. The first store that will be constructed will be the Venture store, which is a 100,000 square feet., followed up with the balance of the Center. They are proposing to build the entire Center at this time consi•ttiingof 300,000 square feet. . am meeting Wednesday in Chicago with Harry Lindsey on an additional 62 acres which the Melvin Simon people are interested in. It would be just south of the Center on Lot 5, and if those negotiations go as we would like to have them go, we will be back to the Council in the near future to ask for a B -3 zoning on additiQna.1 acreages. When they went out into the market to sell the Center, and they do this on a national basis, they found that they had a greater market than they anticipated. Our bids for construction of all of the underground, etc., are due July 3rd and soon after that we would like to start construction and most likely we will be under construction with streets and improvements for Phase l by the end of July, There are areas that we are working diligently ono The final drawings for the Route 31 improvement are proceeding, they are not completed yet, but we did get an IDOT approval about two weeks ago on the preliminary phase to the intersection. Negotiations with the Tollway are continuing. The bread store is being relocated and we have an agreement with the bread store people to relocate VOLUME XLIX 314 their store. We will be constructing a new building and then they will be moving from that site. We have some very tight schedules that we must meet because the Venture store anticipates opening March 25th of next year and we have to have the parking lot in place at that time. So We are under very rigid time schedules, but it is very exciting and I feel this will be a large plus for Elgin. Councilwoman Shales: How are you working out the problems with Church Road. Charles Burnidge: This is the preliminary plan that I brought to you in our earlier negotiations and at that time our road was located here at the Church Road location, and that is one of the few changes in the plans. One of IDOT's rather rigid stipulations pertains to distance and they have a distance in which off - coming automobiles from that location to the first intersection, and at the Church Road intersection we did not meet that distance. We felt that they were rather rigid in their stance on the distance that is needed there and rather than buck that regulation, because we were under heavy require- ments to have this in place, we moved it back to the,present intersecti -on. Some of the areas that we still have to °deal with are- right -of- ways for both Route 31 and this entrance and both of these of still in negotiations. The preliminary approval on IDOT accepted the 83 feet that we have in this location. There will be 6 lanes leading into the Shopping Center so it is a major intersection. We have talked with IDOT upon their improve- ment on Route 31 and I think that it behooves municipalities, Elgin, Dundee, whoever, to talk to the State about the needs, or what we feel are the needs for our highways that surround our communities because I think that Route 31 from Elgin to Dundee should be a high priority for that.improvement. Councilman Gilliam made a motion, seconded by'Councilman Hansen to approve the final plat;..for F—T in O'Hare Business Center. Yeas: Councilmen ,Shales, Waters and Mayor Pro Tem Andersen. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR A CHURCH FOR THE PROPERTY LOCATED AT DOUGLAS AVENUE, ELGIN, ILLINOIS Councilman Gilliam made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None, 315 VOLUME XLIX Ordinance Nog G30 -84 AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH FOR THE PROPERTY LOCATED AT 51 DOUGLAS AVENUE, ELGIN, ILLINOIS WHEREAS, written application has been made requesting the granting of a special use permit for a church for the property located at 51 Douglas Avenue, Elgin, Illinois; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council of the City of Elgin has reviewed the findings and recommendations of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section L.. That the City Council hereby finds and determines that the Proposed special use for a church at 51 Douglas Avenue, Elgin, Illinois, is deemed necessary for the public convenience in that there are limited properties available and that the specific location is convenient and accessible to the citizens of the.City of Elgin and that there-is substantial parking in close proximity and that further said property is relatively close to other well - established churches. That the City Council further finds and determines that the proposed special use is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected in that the interior design of the building is capable of being remodeled to permit the property to be used for retail business activity, if desired., at some point in the future, and that the property in question is already designed for the public safety and that there is adequate and substantial parking inclose proximity to the subject property. That the City Council further finds and determines that the proposed special use will not cause substantial injury to the property or to the property in the neighborhood in which it is located in that said special use will generate activity in the downtown area by members and visitors of the congregation and in that a now vacant structure will be occupied and used. Section 20 That a special use is hereby granted to the New Life Baptist Church for a church at 51 Douglas Avenue, Elgin, Illinois, subject to compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect after its passage in a manner provided by laws s/ Edgar A. Andersen Mayor Pro Tern VOLUME XL1X 316 Presented: June 25, 1984 Passed: June 25 , 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Year +n rie Yearman, City Clerk ORDINANCE PASSED ADDING TQ TF . LIST _OF_ UEC IAL USES IN THE 0 LIMITED _ OFFI'C'E DISTRICT TO ALLOW DANCE STUDIOS Councilman Gilliam made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None. 317 VOLUME XLIX Ordinance No. G31 -84 AN ORDINANCE ADDING TO THE LIST OF SPECIAL USES IN THE 0 LIMITED OFFICE DISTRICT TO ALLOW DANCE STUDIOS WHEREAS, written application has been made to amend the zoning ordinance of the City of Elgin by adding dance studios to the last of special uses in the 0 Limited Office District;,and WHEREAS, after due notice as provided by law the Planning Committee conducted a public hearing and recommended that the zoning ordinance be amended as requested; and WHEREAS, the City Council of the City of Elgin concurs in the recom- mendation 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: "6. Dance studios." Section 2. That Section 19.27.030 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by redesignating existing numbers 6 through 8 as numbers 7 through 9. Section 3. That this ordinance shall be,in full force and effect from and after its passage in the manner provided by law. S/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Passed: dine 25, 1984 Voter Yeas 6 Nays 0 Recorded: Published: Attest: sAt_r i e year are Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT LARKI N AVFNIIF F°RnM R.. , o KiM F EAKA I r v TRICT Councilman Hansen made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None, VOLUME XLIX Ordinance Noe G32 -84 AN ORDINANCE RECLASSIFYING PROPERTY AT 1325 LARKIN AVENUE FROM R -2 SINGLE FAMILY RESIDENCE DISTRICT TO 0 LIMITED OFFICE DISTRICT AND GRANTING A SPECIAL USE FOR A DANCE STUDIO WHEREAS, written application has been made to reclassify certain property located at 1325 Larkin Avenue from R -2 Single Family Residence District to 0 Limited Office District and for a special use for a dance studio; 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 dance studio 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 to 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 0 Limited Office District, the following described property: Lot 1 of Gubbins and Funk's Subdivision, being a sub- division of part of the Southeast Quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois." 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 dance studio, a copy of which is attached hereto as Exhibit A and incorporated herein•`by reference, subject to the following conditions: 1. The dance studio /office building shall be constructed in substantial conformance to the Site Plan and Building Eleva- tion for 1325 Larkin Avenue. 2. The dance studio shall be limited to one of the four office units within the building. 3. Compliance with all other applicable codes and ordinances. S 319 VOLUME XLIX Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Passed: June 25, 1984 Vote: Yeas 6 Nays O Recorded: Published: Attest: 6 s/ Marie Yea an Marie Yearman, City Cler ORDINANCE PASSED GRANTING A SPECIAL USE FOR A COMMUN lTY SERRVI °CE 'FACILITY D UG'LAS AVENUE Councilman Gilliam made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None. VOLUME XLIX Ordinance No. G33 -84 AN ORDINANCE GRAN'T'ING A SPECIAL USE FOR A COMMUNITY SERVICE FACILITY WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a community service facility at 413 Douglas 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 community service facility at 413 Douglas Avenue, Elgin, Illinois, legally described as follows: The North 4 rods of the South 12 rods of the West 1S9 feet of Lot 1, Block 17 of P. J. Kimball Jrs. Third Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. The number of adults residing in the group home shall be limited to six. 2. Conformance to the Illinois Department of Mental Health and Development Disability's minimum standards for licensure of community residential alternatives (group home). 3. Conformance to all applicable city 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/ Edgar A. Andersen Mayor Pro,Tem ._ 320 321 Presented: June 25, 1984 Passed: June 25 , 19$4 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: ,r r s/ Marie Ye mqn M—arie earman, City Clerk VOLUME XLIX ORDINANCE PA&SED AMENDING A SPECIAL USE ORDINANCE FOR A SANITARIUM AT 600 VILLA Councilman Gilliam made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and.Mayor Pro Tem Andersen. Nays: None. VOLUME XL�X 322 ,f Ordinance No. G34 -84 AN ORDINANCE AMENDING A SPECIAL USE ORDINANCE FOR A SANITARIUM AT 600 VILLA STREET WHEREAS, by Ordinance No. G10 -81 passed February 25, 1981 a special use permit was granted for the establishment, operation and maintenance of an alcoholic treatment sanitarium at the premises cowonlyy known­a's. 60.0, Villa" Street, Elgin, Illinois, and legally described hereafter; and` WHEREAS, by Ordinance No. G42 -82 passed August 11, 1982 a special use permit granted by Ordinance No. G10 -81 was amended to include non- hospital medical detoxification and an adolescent pr:Lmary alcoholic -rehabilitation program including related substance abuse treatment as permitted activities under the special use granted for the establishment; and WHEREAS, written application has been made to again amend the special use permit granted by said ordinances as amended so as to permit a residential treatment center and therapeutic school program and a day treatment and school program to be conducted; and AREAS, the Land Use Committee conducted a public hearing on said proposed amendment and has submitted its findings of fact and recommended approval of the amendment; and WHEREAS, the City Council of the City of Elgin has reviewed the findings of fact and recommendations of the Land Use Committee and the transcript of the hearing held by the Land Use Committee; and WHEREAS, the City Council of the City of Elgin finds that it is in the best interest of the City of Elgin to grant the requested amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1® That the special use permit heretofore granted by Ordinance No. G10 -81 passed February 25, 1981 and amended by Ordinance G42 -82 passed August 11, 1982 be and is hereby amended by including a residential treat- ment center and therapeutic school program and a day treatment and school program as permitted activities under the special use granted for the estab- lishment, operation and maintenance of an alcoholic treatment sanitarium at 600 Villa Street, legally described as follows: Lots 1, 2, 3, 4, 5, 6 and the Southerly three feet of Lots 7 and 8 and Lots 9 and 10 in Block 1 of Edward C. Lovell's Addition to Elgin in the City of Elgin, Kane County, Illinois° subject to compliance with the conditions of Ordinance Nom G10 -81 passed February 25, 1981 as amended by Ordinance Nom G42 -82 passed August 11, 1982. Section 20 That this ordinance shall be in full force and effect from and after its passage. s/ Edig,ac A. Andersen 323 Presented: June 25, 1984 Adopted: ,dune 25, 1984 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Yea are Ra—rie Yearman, City Clerk VOLUME XLIX ORDINANCE' PASSED GRANTING A SPECIAL USE FOR A PRIVATE HIGH SCHOOL AT TOO —PERRY ST. Councilman Gilliam made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Gilliam_, Hansen, Schmidt, Shales, Waters and Mayor Pro Tern Andersen. Nays: None. VOLUME XLIX Ordinance No. G3S -84 324 AN ORDINANCE GRANTING A SPECIAL USE FOR A PRIVATE HIGH SCHOOL AT 100 PERRY STREET WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a private high.school at 100 Perry 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 a private high school at 100 Perry Street, Elgin, Illinois, legally described as follows: That part of Lots Seventeen (17) and Eighteen (18) of Samuel J. Kimball's Addition to Elgin, lying North of Chisholm's Addition to Elgin, and South East of Locust Street and known as Lot Seventy -Six (LX)CVI) of County Clerk's Subdivision, City of Elgin, described as follows: Commencing at the North Easterly corner of said Lot 18; thence South Westerly along the Southerly line of Locust Street and the Northerly line of said lot to a point four and one -half (42) rods Westerly from the Westerly line of Perry Street; thence South Easterly parallel with the Easterly line of said lot to the North line of Chisholm's Addi- tion; thence South eighty -six and one -half (862) degrees East along the North line of said Addition to the Easterly line of said Lot 18; thence North Westerly along said Easterly line of said Lot 18 to the point of beginning, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. The existing structure is not to be expanded nor shall there be any additional building construction. 2. The school is to be limited to a maximum of four classrooms, one chapel, one office and one faculty lounge. 3. Compliance with all other applicable codes and ordinances. 325 VOLUME XLIX Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. S/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Passed: June 25, 1984 Vote: Yeas 6 Nays O Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORD I NANCE'' °PASSED GRANTING A 'S-PECIAL USE PERMIT FOR OFF - STREET PARKING AT 18U SOUTH ST. E STREET Councilman Hansen made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None. VOLUME XLIX 326 Ordinance No. G36 -84 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR OFF - STREET PARKING AT 180 SOUTH STATE STREET WHEREAS, written application has been made for a special use for off- street parking for the property located at 180 South State Street, Elgin, Illinois; 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 permit for off - street parking at 180 South State Street, Elgin, Illinois, legally described as follows: Lot 8 of William C. Kimball's Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Passed: June 25, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: S / Marie Yea r° n rie Yearman,, City Cler RESOLUTION ADOPTED APPOINTING CHARLES SCHURING AS A MEMBER OF THE PARK AND RECLAMATION COMMISSION Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None, 327 VOLUME XLIX .RESOLUTION APPOINTING CHARLES SCHURING AS A MWER OF THE PARK AND RECLAMATION COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Charles Schuring be and is hereby appointed as a member of the Park and Reclamation Commission to fill the unexpired terra of Robert Hoffer for a term to expire on May 5, 19860 s/ Edgar A. Andersen Mayor Pro Tem Presented: June 25. 1984 Adopted.. June 25, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: sue/ Marie Yea4matn Marie Yearm.n, City Cler RESOLUTION ADOPTED REAPPOINTING CHARLES BURNIDGE AS A MEMBER OF THE PARK AND RECLAMATION COMMISSION Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None. VOLUME XLIX 328 RESOLUTION REAPPOINTING CHARLES BURNIl7GE AS A MEMBER OF THE PARK AND RECLAMATION COMMISSION BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Charles Burnidge be and is hereby reappointed as a member of the Park and Reclamation Commission for a term to expire on May 4, 1987. s/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Adopted: vare 25, 198 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTIQN- ADOPTED "`R -EAI?POINT9NG MANUEL BARBOSA AS "A ''MEMBER OF THE PARK AND RECLAMATION COMMISSION Councilman, Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None. 329 VOLUME XLIX.: RESOLUTION REAPPOINTING MANUEL BARBOSA AS A MEMBER OF THE PARK AND RECLAMATION CG AMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Manuel Barbosa be and is hereby reappointed as a member of the Park and Reclamation Comission for a term to expire on May 4, 1987. s/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Adopted: June 25, 1,984 Vote: Yeas 6 Nays 0 Recorded: Attest: P 1ih-� s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ai10'i`'TED °APPOINTING CHARLES ASP AS A .MEMBER OF THE 'PARKS AND RECREATION Councilman Gilliam made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution, Yeas; Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and.Mayor Pro Tem Andersen, Nays: None. i VOLUME XLIX 330 RESOLUTION APPOINTING CHARLES ASP AS A MEMBER OF THE PARKS AND RECREATION BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Charles Asp be and is hereby appointed as a member of the Parks and Recreation Board to fill the unexpired term of Gary L. Ki�tina for a term to expire on May 1, 1985. Presented: June 25, 1984 Adopted: June 25 ; 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year n Marie Yearman, City Clerk s/ Edgar A..Andersen Mayor Pro Tem RESOLUTION ADDPTED AP`P`OINTING ROBERT EDWARDS AS A MEMBER 'OF THE PARKS AND RECREATION BOARD Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor 'Pro` fiery Andersen. Nays: None. 331 VOLUME XLIX RESOLUTION APPOINTING ROBERT EDWARDS AS A MEMBER OF THE PARKS AND RECREATION BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert Edwards be and is hereby appointed as a member of the Parks and Recreation Board to fill the unexpired term of Mary Waterman for a term to expire on May 1, 1985. S/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Adopted: June 25, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORD I NA'NCE -PAS -SI=D 7PROH I B I'TI NG °PA'RK I NG ON A CERTAIN PORTION OF l+Jl NG STREET IN THE CITY OF ELGIN, WE Councilman Gilliam made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem. Andersen. Nays: None, VOLUME XLIX Ordinance No. G37 -84 AN ORDINANCE PROHIBITING PARKING ON A CERTAIN PORTION OF WING STREET IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36.050M of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following parking restrictions: Wing Street, south side thereof, from Crystal Avenue to North McLean Boulevard. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. s/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Passed: June 25, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s �Mai rUn Marie Yearman, City Clerk SOLUTION ADOPTED AUTHORIZING EXECUTION AN AGREEMENT WITH THE STATE OF ILLINOIS 332 Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the af6rementioned resolution as amended. Yeas: Councilmen Giil'li°am;,Hansen, Schmidt, Shales, Waters and Mayor Pro Tem.Andersen. Nays: None. 333 VOLUME XLIX RESOLUTION AiPTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF CONSERVATION WHEREAS, the City of Elgin hereby signifies that it will appropriate 100% of the funds necessary to complete the pending LWCF project within the timeline for project administration imposed by the Illinois Department of Conservation (IDOC), (100% funding includes cash and value of donated land); and WHEREAS, failure to adhere to the timeline or withdrawal of the project because of insufficient funds will be cause for termination of the project and result in the ineligibility of the local project sponsor to submit LWCF applications for the next two (2) consecutive grant cycles. AAcc uisition Projects I am aware that I have six (6) months following project approval to acquire the subject property (condemnation cases: petition filed, court date) and eight (8) months to submit a final reimbursement billing request to IDOC (excluding condemna- tion cases). Failure to meet this timeline will be cause for project termination by IDOC. Development Projects I am aware that I have six (6) months following project approval to initiate project development and eighteen (18) months to complete said development with a Final Billing request submitted to IDOC within one (1) month following completion. Failure to meet this timeline will be cause for project termination by IDOC. BE IT RESOLVED BY TEED CITY COUNCIL OF TBE CITY OF ELGIN, ILLINOIS, that the City of Elgin will comply with (1) the Land & Water Conservation Fund Act of 1965 (PL 88 -578), (2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91 -646), (3) Title VI of the Civil Rights Act of 1964 (PL 83 -352) and (4) all applicable State and Federal regulations; and will maintain the project area in an attractive and safe condition, keep the facilities open to the general public during reason- able hours consistent with the type of facility, and obtain from IDOC written approval for any change or conversion of planned outdoor recreation use of the project site prior to initiating the usage change or conversion. BE IT FURTHER RESOLVED that the City of Elgin certifies the data provided within the attached LWCF application is true and correct to the best of the applicant's knowledge. BE IT FURTHER RESOLVED that this resolution shall take effect upon passage of the 1985 Budget Ordinance in December, 1984. s/ Edgar A. Andersen Mayor Pro Tem VOLUME XLIX 334 Presented: June 25, 1984 Adopted: June 25 , 19$4 Vote: Yeas 6 Nays 0 Recorded: Attest: r s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER NO. 2 TO CONTRACT WI TH -T' & 'W EDMI ER CORPORATION FOR PHASE ONE DEVELOPMENT OF-THE ELGIN SOFTBALL COMPLEX Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tern Andersen. Nays: None. 335 RESOLUTION AUTHORIZING CHANGE ORDER NO, 2 TO CONTRACT WITH T & W EfMIER CORPORATION FOR PHASE ONE DEVELOPMENT OF THE ELGIN SOFTBALL CaeLEX VOLUME X LIX 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. 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. S/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Adopted: June 25 , 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: f s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOP °TED "AU"TFIO'R I Z I NG AN AGREEMENT WI TH_THE STATE OF 1 LLI N01S7 DEPARTMENT OF Councilwoman Shales made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution, Yeas; Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays; None. VOLUME XLIX 336 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, FOR THE LARKIN AVENUE IMPROVEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the State of Illinois, Department of Transporta- tion, for the Larkin Avenue,iRprovement, a copy of which is attached hereto and made a part hereof by reference. s/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Adopted: June 25, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: qjMarie Year an rie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING PLAN APPROVAL FOR THE LARKI N..AVENUE — - IMPROVEMENT Councilman Hansen made a.motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor,Pro,Tem Andersen. Nays; None, 337 VOLUME XLIX RESOLUTION AUTHORIZING PLAN APPROVAL FOR THE LARKIN AVENUE D PROVEMENT WHEREAS, it is in the best interest of the City of Elgin to facilitate the improvement of Larkin Avenue (formerly U.S. Business Route 20) (F.A.P. Route 557, State Section 8WRS- 1(82). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby approves the plans and specifications submitted by the Illinois Department of Transportation for the proposed Larkin Avenue improvement. S/ Edgar A. Andersen Mayor Pro Tem Presented: June 25, 1984 Adopted: June 25, 1984 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Year an Wile Yearman, City Clerk RESOLUTION ADOPTED APPROPRIATING MOTOR FUEL TAX FUNDS `F'0R THE LARKIN AVENUE IMPROVEMENT Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None, VOLUME XLIX 338 RESOLUTION APPROPRIATING MOTOR FUEL TAX FUNDS FOR THE LARKIN AVENUE IMPROVEMENT WHEREAS, the City of Elgin has entered into an agreement with the State of Illinois for the improvement of Larkin Avenue (formerly U.S. Business Route 20) known as F.A.P. Route 557, State Section 8WRS- 1(82), City Section 84- 00133- 00 -TL; and WHEREAS, in compliance with the aforementioned agreement, it is necessary for the City to.appropriate Motor Fuel Tax finds to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby appropriated tie sum of Sixteen Thousand Six Hundred Twenty Five and No /100 Dollars ($16,625°00), or so much thereof as may be necessary, from any money now or hereafter allotted to the City under the provisions of the Motor Fuel Tax Law, to pay its share of the cost of this improvement as provided in the agreement. S/-Edgar . Andersen Mayor Pro Tem Presented: June 25, 1984 Adopted: June 25, 1984 Vote: Yeas 6 Nays o Recorded: Attest: F s/ Marie Yea man Marie Yearman, City Cler ORDINANCE PASSED REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays- None. 339 VOLUME XLIX Ordinance No. G38 -84 AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY -OF ELGIN, KANE COUNTY, ILLINOIS WHEREAS, the City of Elgin, hereinafter known as the City, and the State of Illinois, acting by and through its Department of Transportation, Division of Highways, have entered into an agreement relative to the improvement of Larkin, Avenue (formerly U.S. Business Route 20) known as F.A.P. Route 557, State Section 8WRS- 1(82), City Section 84- 00133- 00 -TL; and WHEREAS, in order to facilitate said improvement it is necessary for the City to adopt an ordinance regulating encroachments on the right of way for said improvement in accordance with the following definitions: Roadway Right of Way is defined as those areas existing or acquired by dedication or by fee sample for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect. Project Right of Way is defined as those areas within the project right ot way lines established jointly by the City and the State which will be free of encroachments except as hereinafter defined. Encroachment is defined as any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right of way or the roadway right of way where no project right of way line has been established. Permissible Encroachment is defined as any existing awning, marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the-highway; the permissive retention of overhanging signs is not to be con- strued as being applicable to those signs supported from poles constructed outside the project right of way line and not confined by adjacent buildings. Construction Easement Area is defined as that area lying between the project right o way limits and the platted street limits within which the City, by concurrence in the establishment of the project right of way lines, will permit the State to enter to perform all necessary construction operations. and WHEREAS, representatives of the City and the State have, by visual inspection, cooperatively established project right of way lines and have mutually determined the disposition of encroachments. VOLUME XLIX NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment (hereinabove defined) within the limits of the project right of way or roadway right of way where no project Tight of way lines have been established. Section 2. No revocable permits have been issued for the temporary retention of the following permissible encroachments (hereinabove defined). Section 3. This ordinance is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 4. Any person, firm or corporation violating this ordinance shall be fined not less than twenty -five dollars ($25,00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. 340 Section 5. This ordinance shall be published in pamphlet form by authority of the City Council and shall be in full force and effect after its passage, publication and approval as provided by law. S/ ELar _A Andersen Mayor Pro Tem Presented: June 25, 1984 Passed: June 25 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yeaian Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING 'PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution, Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None. 341 VOLUME XLIX RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, Illinois Revised.Statutes, 1983, 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/ Edgar A. Andersen Mayor Pro Tem VOLUME XLIX 342 Presented: June 25, 1984 Adopted: June 25, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yeat�nan Marie Yearman, City Clerk RESOLUT 1 ON A`DOP'TED APPROVING CHANGE ORDER NO. 2 TO THE CONTRACT WITH ABBOTT CONTRACTORS, INC. FOR THE EASTSIDE WATER TRANSMISSION MAIN Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, .Waters and -- .Mayor Pro Tem Andersen. Nays: None. 343 VOLUME IME XLL I X RESOLUTION APPROVING CHANGE ORDER NO. 2 TO THE CONTRACT WITTY ABBOTT CONTRACTORS, INC. FOR THE EASTSIDE WATER TRANSMISSION MAIN WHEREAS, the City of Elgin has heretofore entered into a written contract with Abbott Contractors, Inc. for the construction of the Eastside Water Transmission Main; 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 Robert 0. Maim, Acting City Manager, be and is hereby authorized and directed to execute Change Order Number 2 to the contract with Abbott Contractors, Inc., a copy of which is attached hereto and made a part hereof by reference. S/ Edgar A. Andersen Mayor Pro Tem June 25, 1984 Adopted: June 25, 1984 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Year an rie Yearman, City Clef VOLUME XLIX 344 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Layne- Western Co. $20,371.65 Repairs to deep well #5. Eastman Kodak Co. Thompson Elevator Inspection Service. Century Business Forms 5,090.00 Maintenance Program filming system in Police Records. 2,002.00 91 semi - annual elevator inspections 2,510.40 Reprinting 70,000 bus schedules Great Lakes Fire Equipment2,945.25 155 gallons of Foam used in connection with gasoline leak at Hendee St., and Fox River. Vivian Sexton 857 Ste Charles St. 1,539.00 Residential Rebate Program Sandy Cortez 1,534.76 Residential Rebate Program Counsel Jentsch stated that the Legal Department was flnvestigating the possible reimbursement of the $2,945,25 for material used in the gasoline leak on June 9th, with the insurance carrier for the subject premises. Counsel Jentsch will report back to the Council. Councilman Gilliam made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for March, 1984 . Hemmens Auditorium Report for April it May, 1984 Transportation Operation Report for May, 1984 Councilman Gilliam made a motion, seconded by Councilman Hansen to place the above reports on file. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Pro Tem Andersen. Nays: None. RECOGNIZE PERSONS PRESENT Councilwoman Shales stated that she would like to commend the three Elgin bus drivers who took top honors Sunday in a test of driving skill put do by the Regional Transportation Authority. a� VOLUME XL1X ANNOUNCEMENTS Mayor Pro Tem Andersen 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 Gilliam, Hansen, Schmidt, Shales, Waters and.Mayor Pro Tem Andersen.. The meeting was adjourned at 8:45 Pin, Ma r e Yea rma n C E ty C e r VOLUME XLIX July 9, 1984 346 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 9, 1984 at 8 :05 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Councilman Hansen, and the Pledge of Allegiance was led by Councilman Andersen. Roil call was answered by Councilmen Andersen, Gilliam; Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman and members of staff. MINUTES OF THE JUNE 25, 1984. COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilwoman Shales to approve the Une 25, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR RENOVATIONS FOR THE COMMUNICATIONS CENTER Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for renovations for the Communications Center to the sole bidder, Irving Construction Company. Such bid to include alternates 1, 2 and 3, for an amount not to exceed $88,232. Councilman Andersen: I will not vote on any proposition where there is only a single bidder. I would certainly life something to compare with. Mayor Verbic. Unfortunately, from reading the newspapers and material which has crossed my desk, we are running into the problem where during the recession many of the contractors took Chapter 11 when they were just not able to make it. Those who have survived have hit a point, with the economy picking up, that they are so busy with projects to bid on that they are picking and choosing. We in the cities and many other firms are having the same problem. I know we have a completion date on this project and we must move rapidly. I would agree with you that we would like to see some comparison bidding, but we have run into a situation where we do not have any control and it is the times which have caused this. If there is no other discussion I will have the Clerk call the roll. 3Y7 VOLUME XL I Y Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Andersen. Citizen: Mr. Mayor, can there be a vote against Irving Construction until a future meeting. Mayor Verbic: Well you should have come up and discussed this before we voted. Citizen: I tried but nobody saw me. Mayor Verbic: I did not see you hand and 1 am very sorry. We have already awarded the bid to Irving. Councilman Andersen: Point of clarification Mr. Mayor. This is Mr. Barth. He is a subcontractor on the fire station project and he has had discussion or problems with Irving Construction. It may or may not be the fault of Irving Construction or Mr. Barth, but it seems that several subcontractors are somewhat unhappy. That was not my reason for voting no, I just like to see comparative bids. Councilman Gilliam: If it is serious enough we should maybe hear something, nothing is carved in stone. Mr. Barth: I would like to see the problems at the fire station resolved before any future bids are given. Especially one bad situation before they give it to a certain contractor. Mike Sarro: Mr. Barth is the concrete subcontractor on the fire station project and we have run into some problems with his portion of the subcontract which is a concrete facia over the overhead doors. if you have driven down #58 recently you will see that big concrete facia piece, it looks like a soffit. If you look at it, it appears to be cracked. If it ls'nt cracked its some kind of a shadow imperfection through the sandblasting and grinding technique. Right now that is still unacceptable, Doug and Irving Construction are trying to correct that situation to make it acceptable to the city, to the architect and to them- selves. Doug is the first one to admit that it does not look good yet either. Mr. Malm: Is'nt there also a problem in that he has not been paid and payment is being withheld until the job is corrected. Mike Sarro: He has not been paid for that particular portion of the work. He has received payments on other portions of concrete work. That particular problem I don't see has any bearing on this particular bid that you are awarding this evening other than we have the same general contractor. 1 0 LMIE ;;L l n 348 V Although he is the sole bidder on the job we are convinced that the prices are reasonable, and in fact, in discussions with the other people who took out the bids and then failed to submit prices at the bid opening, have indicated that those are good prices and they would not be able to meet them anyway. I met with Doug this afternoon and I met with Irving last week and we are trying to resolve the issue of the soffit. Councilman Schmidt: What is the architect's reaction to this situation. Mike Sarro; Well i think the architect, the city, the general contractor, and in fact Mr. Barth, feel the facia piece does not look as it should look, and that is why Doug, in fact, is bringing in another company who specializes in this type of sandblasting to achieve the appearance that they are looking for, and so hopefully the whole issue will be resolved by the weekend. BID REJECTED FOR ASBESTOS REMOVAL AND FIREPROOFING COMMUNICATION CENTER Kaltenbach and Ferenc, architects for this project, advised the Council of the following: Notices were published and bids were directly sought from five asbestos removal contractors. Twenty hours before the bids were due a telephone poll indicated that three contractors confirmed that they would submit proposals. Only one bid was actually submitted at the bid due time. The one bid of Brand Asbestos Control Company in the amount of $44,790 was received. The original estimate established for this work was $15,000 to $20,000. We recommend that the bid of Brand Asbestos Control be rejected. We are continuing to explore alternatives. Councilwoman Shales made a motion, seconded by Councilman Schmidt to reject the bid of Brand Asbestos Control Company. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Mr. Malm: Could we have some direction from the Council as to how you want us to proceed, whether we should rebid this item, or would you want to authorize us to negotiate with the three people who took out plans, or what sort of direction would the Council like to give us. Councilman Waters made a motion, seconded by Councilwoman Shales to direct the staff to negotiate with the three parties who have taken out requests for proposals and just make the statement 349 VOLUME XLIX that we already have one bid, so to rebid would not be a productive process against that public bid, Councilman Hansen: The only reason that I am going to vote for this negotiated bid is that I do not want to delay the million dollar radio system that we are awaiting for the city. Other wise I think I would want to rebid. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR NEIGHBORHOOD HOUSING SERVICES OFFICE Councilman Gilliam made a motion, seconded by Councilwoman Shales to award the bid to the sole bidder, Bero's Plumbery, for a total amount of $2,050, for the removal and replacement of the hot water boiler. Councilman Hansen: The funds for this will be block grant contingency funds, is that correct. Roger Dahlstrom: In order for it to come out of block grant funds, it would have had to have budgeted in some past block grant year and it was not. We would have to gain environmental clearance through normal block grant procedures, and generally an item this small is not a good block grant project. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. B I D AWARDED FOR A I R COMPRESSOR Councilman Hansen made a motion, seconded by Councilman Gilliam to award the bid to the low bidder, Portable Tool Sales & Service, for a total price of $10,218. Yeas: Councilmen Andersen, Gilliam, . Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 29 -84 REQUESTING A R-2 SINGLE FAMILY RESIDENCE DISTRICT SPECIAL USE FOR A COMMUNITY BLVD. BY THE FOUNDATION FOR THE HANDICAPPED APPRnVFrI Roger Dahlstrom: The Foundation for the Handicapped desires to establish a Community Residential Alternative, or group home. A community residential alternative is defined as a goup home for eight or fewer developmentally disabled adults who are unable to live independently, but are capable of community living if provided with an appropriate level of supervision, assistance and support services. VOLUME XLIX 350 At its regular meeting of June 4, 1984, the Land Use Committee recommended approval of the proposed special use by a vote of 4 yes, 0 no and 1 abstention. I don't believe the petitioner is here tonight the staff will answer whatever questions we can. Councilwoman Shales: Do you know whether they are still having a school there too or is the whole old motel going to be a residential facility. Roger Dahlstrom: The whole facility will be used by these people for this purpose. I believe this property was originally developed for a motel, so it lends itself for this use very nicely. Councilwoman Shales made a motion, seconded by Councilman Hansen to approve Petition 29 -84. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt., Shales, Waters and Mayor Verbic. Nays; None. ORDINANCE PASSED VACATING A PORTION OF A PUBLIC ALLEY WEST OF -ILLINOIS AVENUE Councilman Gilliam 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. 351 VOLUME XLIX Ordinance No. S2 -84 AN ORDINANCE VACATING A PORTION OF A PUBLIC ALLEY WEST OF ILLINOIS AVENUE WHEREAS, the public interest will be served by vacating a portion of a public alley in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and WHEREAS, said.property is not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a portion of a public alley in the City of Elgin, Kane County, Illinois, legally described as follows: That part of E. C. Lovell's Addition being a subdivision in part of the Southeast Quarter of Section 13, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Beginning at the Southeast Corner of Lot 3, Block 2 of E. C.. Lovell's Addition; thence Northerly along the East lot lines of Lots 3, 4, 5 and 6, for a distance of 200 feet, more or less, to the Northeast Corner of said Lot 6; thence Easterly, along a straight line for a distance of 16 feet, more or less, to the Northwest Corner of Lot 15; thence Southerly along the West lot lines of Lots 15, 16, 17 and 18, for a distance of 200 feet, more or less, to the Southwest Corner of said Lot 18; thence Westerly, along a straight line for a distance of 16 feet, more or less, to the place of beginning. be and the same is hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX Presented: July 9, 1984 Passed: July 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk 352 RESOLUTION ADOPTED COMMENDING TIANA F LENTGE, ALONZO LEWIS AND ALWIN F. LACKOWSKI Mayor Verbic: I happen to be a member of the Suburban Bus Board and all of the members were talking about Elgin and the capable bus drivers we have. When you take one, two and three it shows that you have some excellent training and you know how to handle the buses. Two of the judges were at the last meeting and they commended the three of you specifically for the fine job which you. did. 1 think that in the last few years we have won the majority of the awards in divisions within the six county areas and this takes in a lot of bus drivers and we certainly should be proud of your accomplishments. 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. 353 VOLUME XLIX RESOLUTION COMMENDING TIANA FLENTGE, ALONZO LEWIS AND ALWIN F. LACKOWSKI WHEREAS, Ticino Flentge, Alonzo Lewis and Alwin F. Lackowski are employed by the City of Elgin as bus drivers; and WHEREAS, the Regional Transportation Authority conducted a Bus Roadeo on June 24, 1984; and WHEREAS, Ticino Flentge, Alonzo Lewis and Alwin F. Lackowski participated in the RTA Bus Roadeo which included judging participant- on personal oppearance, rules of the road, bus inspections, and bus operations; and WHEREAS, Tiana Flentge was judged the winner; Alonzo Lewis, second, and Alwin F. Lackowski, third, in the 35 foot bus class; and WHEREAS, Tiana Flentge; Alonzo Lewis and Alwin F. Lockowski's performances area credit to the Transportation Department of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby commends Tiana Flentge, Alonzo Lewis and Alwin F. Lackowski on the occasion of their winning performances in the Regional Transportation Authority Bus Roadeo, and expresses its appreciation to Tiana Flentge, Alonzo Lewis and Alwin F. Lackowski for the favorable publicity received by the City of Elgin as a result of their performances. t s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Adopted: July 9, 19$4 Vote: Yeas % Nays 0 Recorded- Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH VALLEY CREEK OF ELGIN, INC. Councilman Hansen 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 XLIX 354 RESOLUTION AUTHORIZING EXECUTION OF THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH VALLEY CREEK OF ELGIN, INC. WHEREAS, the owners of certain property .commonly known as Valley Creek have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed third amendment to the annexation agreement with Valley Creek of Elgin, Inc. is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, are hereby authorized and directed to execute, on behalf of the City of Elgin, the Third Amendment to Annexation Agreement with Valley Creek of Elgin, Inc., a copy of which is attached hereto. s./ Richard L. Verbic Richard L. Verbic, Moyor Presented: July 9, 1984 Adopted: j u l y 9, 1984 Vote: Yeas ] Nays O Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. IN THE CONTRACT WITH SEAGREN SHALES, INC. FOR WEST SIDE PLANT IMPROVEMENTS Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. Abstained: Councilwoman Shales. 355 VOLUME XLIX RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH SEAGREN /SHALES, 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 No. 3, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. 3, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Adopted: July 9, 1984 Vote: Yeas 6 Nays 0 Abstained Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPART- MENT OF TRANSPORTATION FOR THE POPLAR CREEK LEVEE PROJECT 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 XLlx 356 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE POPLAR CREEK LEVEE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the Poplar Creek Levee project, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Adopted: July 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PASSED CREATING THE ELGIN HERITAGE COMMISSION 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. 357 VOLUME XLIX Ordinance No. G40 -84 AN ORDINANCE CREATING THE ELGIN HERITAGE COMMISSION WHEREAS, the City of Elgin is one of the earliest settlements in Northern Illinois and contains many structures in neighborhoods of both historical and architectural significance; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to preserve the historical and architectural sig ^ificance of these structures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN: Section 1. That there is hereby created the Elgin Heritage Commission of the City of Elgin which commission shall be composed of nine residents or property owners of the City of Elgin. The commission members shall include one licensed architect, one local historian, one licensed real estate agent, one licensed attorney, one representative of the Elgin Area Historical Society and four other members interested in the preservation, of the heritage of the City of Elgin. In addition to the foregoing the Planning Director of the City of Elgin, or his designee, shall serve as ex- officio non- voting member of the Elgin Heritage Commission and shall act as secretary for the commission. Members of the commission shall be appointed by the Mayor with the consent of the City Council. The terms for all members of the Elgin Heritage Commission . shall be for a period of one year. Section 2. The Elgin Heritage Commission shall meet not less than once a month and may adopt rules and by -laws governing the procedure of their meetings. No business shall be conducted by the commission without the presence of a quorum of five or more voting members. All meetings of the Elgin Heritage Commission shall be subject to the provisions of the Illinois Open Meetings Act. Section 3. The duties and responsibilities of the Elgin Heritage Commission shall include the following: (1) To draft a preservation ordinance in compliance with the Illinois Department of Conservation Guidelines for review by the City Council. Such preservation ordinance shall include provisions for the continuation of the Elgin Heritage Commission to administer the provisions of the preservation ordinance. (2) To promote the education of property owners, local governmental agencies and the public at large regarding the protection, maintenance and preservation of architectural, historic and cultural resources. (3) To explore funding, grant sources and tax incentives related to the preservation of Elgin's urban environment. (4) To stabilize and improve property values and enhance the investment climate in older areas of the City. VOLUME XLIX 358 (5) To cooperate with agencies of local, regional, state and federal governments in terms of planning policy and governmental action. (b) To review and recommend structures or areas for the National Register of Historic Places. (7) To have regular meetings and call special meetings as required. (8) To perform such other duties as may from time to time be designated by the City Council of the City of Elgin. Section 4. That this ordinance shall be in full force and effect from and after its passage and publl4lJllon in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Passed: J u l y 9, 198+ Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea rra n Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 3.28 OF THE ri r,im miimiriRAi rnnF7 I q7k Ac AmFmn�n Ppn- ION Councilman Waters; This calls for a meeting once annually and an annual report to the City Council, and I think - - - -- Counsel Jentsch: You are correct that is an error. I recall changing that to reflect your desire that there be more frequent meetings and as I recall monthly reports to the Council. So it would be appropriate to amend that to monthly. Mayor Verbic: You may have a problem with a commission such as this meeting monthly and giving a report to the Council because 1 don't know if that much activity will occur. I would say quarterly, but monthly may be too much. Councilman Waters; I would move that the ordinance be amended to read "The Commission shall meet at lease once bimonthly and shall submit a bimonthly written report to the City Council concerning its activities ", and that said amended ordinance be passed. Councilman Gilliam: I will second that motion. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. 359 VOLUME XLIX Ordinance No. G41-84 AN ORDINANCE AMENDING CHAPTER 3.28 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, PROVIDING FOR THE GREATER DOWNTOWN ELGIN COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 3.28.020 of the Elgin Municipal Code, 1976, as amended, is further amended to read as follows: "3,28.020 Members -- Apppointment The commission shall consist of sixteen members to be appointed by the city council. One commissioner shall be an owner or representative of an owner of real property in the central business district, but not within Special Service Area Number 1; one commissioner shall be an owner or representative of an owner of real property in the central business district; two commissioners shall be businessmen or merchants doing business in Special Service Area Number 1; one commissioner shall be a consumers' representative chosen at large from the city; one commissioner shall be a representative of the Elgin Area Chamber of Commerce; one commissioner shall be a representative of the Elgin Community College; one commissioner shall be .a representative of the In- Downtown Elgin Association; one commissioner shall be a member of the department of community development; three commissioners shall be recognized community leaders without a direct pecuniary or property interest in the central business district; and the following persons shall be ex officio members of the commission; a member of the city council, the city engineer, the director of public property and recreation, and the executive vice- president of the Elgin Area Chamber of Commerce." Section 2. That Section 3.28.030 of the Elgin Municipal Code, 1 976, as amended,is further amended to read as follows: 113.28.030 Members -- Terms The terms of members shall be for a two year period. In the event that a commissioner is no longer eligible, resigns or is unable to Oct as a commissioner, such commissioner's office shall become vacant and a successor appointed for the unexpired portion of the term of the vacant office." Section 3. That Section 3.28.040 of the Elgin Municipal Code, 1976, as amended, is further amended to read as follows: "3.28,040 Meetings The commission shall meet at least once bimonthly and shall make a bimonthly written report to the city council concerning its activities." VOLUME XLIX 360 Section 4. That Section 3.28.050 of the Elgin Municipal Code, 1976, as amended, is further amended by adding the following: "F. To advise and recommend appropriate action by the city council concerning the implementation of the Central Business District Plan." Section 5. That this ordinance shall be effective upon passage. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 111/184 Passed: July 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearrnan, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A CENTRAL BUSINESS DISTRICT ECONOMIC DEVELOPMENT PROGRAM 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. 361 VOLUME 1XLIX RESOLUTION AUTHORIZING THE EXECUTION OF A CENTRAL BUSINESS DISTRICT ECONOMIC DEVELOPMENT PROGRAM 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 develops -ent program will further 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 Business District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIIL OF THE CITY OF ELGIN, ILLINOIS, that the Acting 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 Program. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Adopted: July 9, 1984 Vote: Yeas % Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING LICENSE AGREEMENT FOR USE OF FOUNTAIN SQUARE PLAZA 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. VOLUME XLIX 362 RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR USE OF FOUNTAIN SQUARE PLAZA 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 license agreements., copies of which are attached, with the following persons: John Schalz, d /b /a John's Meat Market W. Alan Berg, d /b /a AI's Cafe and Creamery Judith Colletti- Digison, d /b /a No Name Deli and Ice Cream Parlor S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Adopted: J u 1 y 9, 1984 Vote: Yeas 7 Nays O Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING THE CITY OF ELGIN TO ADOPT AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING A MOBILE TEAM IN- SERVICE TRAINING UNIT Councilwoman Shales 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. 363 VOLUME XLIX RESOLUTION AUTHORIZING THE CITY OF ELGIN TO ADOPT AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING A MOBILE TEAM IN- SERVICE TRAINING UNIT WHEREAS, the General Assembly of the State of Illinois had enacted the "Intergovernmental Law Enforcement Officer's In- service Training Act" (hereinafter "the Act "), (Public Act 83 -20 approved and effective July 18, 1984); and WHEREAS, on April 15, 1983 the Village of Addison, DuPage County, Illinois, a municipal corporation, and Kendall County, a body oolitic and corporate, State of Minoiss entered into an Intergovernmental Agreement pursuant to authority vested in them by Article VII, Section 10 of the Constitution of the State of Illinois and the Inter - governmental Cooperation Act (Ch. 127, Sec. 741., et.seq., Illinois Revised Statutes), which agreement was amended on the l5th day of May, 1983 and extended on the 8th day of May, 1984; and WHEREAS, the participants in such a mobile team would provide and deliver in- service traininng to law enforcement officers and employees of the Police Department of the City of Elgin, at scheduled times and selected sites in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS; Section 1. That the Mayor and Clerk of the City of Elgin are. hereby authorized to execute an adoption of the Intergovernmental Agreement between the Village of Addison and Kendall County, Illinois, entered into on April 151 1983, and as amended on May 15, 1983, and as extended on May 8, 1984, establishing a Mobile Team pursuant to the Intergovernmental Law Enforcement Officer's In- service Training Act. Section 2. That the Chief of Police is hereby authorized to serve on the Advisory Board of the Mobile Team and to otherwise participate with the Mobile Team which is authorized pursuant to the Act. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Adopted: J u l y 9, 1984 Vote: Yeas T Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk VOLUME XLIX ACCEPTANCE OF STREET IMPROVEMENTS CENTURY OAKS WEST, UNITS 364 Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the acceptance of the street improvements in Century Oaks West, Units 6 & 7. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH GLUTH CONSTRUCTION,__INC., FOR THE CENTER STREET SANITARY SEWED 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. 365 VOLilmr XL1X RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH GLUTH BROS. CONSTRUCTION, INC., FOR THE CENTER STREET SANITARY SEWER WHEREAS, the City of Elgin has heretofore entered into a contract with Gluth Bros. Construction, Inc., for the Center Street sanitary sewer; 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 Robert O. Maim, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. I, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: .July 9, 1984 Adopted: J u l y 9, 1984 Vote: Yeas 7 Nays n Recorded: Attest: s/ Mari�eYea4Ztn Marie Yearman, City Clerk RESOLUTION ADOPTED AGREEING TO AN EXTENSION OF THE TERMS OF THE MEMORANDUM OF AGREEMENT DATED APRIL 14. 1983. BFTWFFN THE C 177 nF ELGIN AND UNIVERSAL CHEMICAL AND COATINGS 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 XLIX 366 RESOLUTION AGREEING TO AN EXTENSION OF THE TERMS OF THE MEMORANDUM OF AGREEMENT DATED APRIL 14, 1983, BETWEEN THE CITY OF ELGIN AND UNIVERSAL CHEMICAL AND COATINGS, INC. WHEREAS, pursuant to a resolution entitled "A Resolution Authorizing the Execution of a Memorandum of Agreement (Universal Chemical & Coatings, Inc. Project)," the City of Elgin has entered into a Memorandum of Agreement dated April 14, 1983 (the "Agreement "), with Universal Chemical & Coatings, Inc. (the "Borrower "); and WHEREAS, pursuant to a resolution entitled "A Resolution Agreeing to An Extension of the Terms of the :"emm,�orae dum�� of Aag.ree�m�en�t DGted April I4, i�i83, BcirVccn the City of Elgin and Universal Chemical & Coatings, Inc. and Waiving the Requirement that the Letter of Credit Provided for in Paragraph I (c) of such Agreement be Issued Only by First Wisconsin National Bank of Milwaukee," the City of Elgin extended the time set forth in the Agreement within which to agree upon mutually acceptable terms and conditions relating to the issuance of the Bond, as defined therein, to July 15, 1984; and WHEREAS, the Borrower has requested that the City of Elgin further extend the time set forth in the Agreement within which to agree upon mutually acceptable terms and conditions relating to the issuance of the Bonds as defined therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City does hereby agree to extend the time set forth in paragraph 4 of the Agreement as extended by prior Resolution within which to agree upon mutually acceptable terms and conditions relating to the issuance of the Bonds, as defined therein, to August 15, 1984. BE IT FURTHER RESOLVED that the Mayor of the City of Elgin is hereby authorized to execute on behalf of the City any and all documents necessary to effectuate the terms of this resolution. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Adopted: July 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeman Marie Yearman, City Clerk 367 VOLUME X L I X AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS CCADA, Elgin $2,800.88 Program Coordinator for Alcohol Safety Program. Valley Trucking Co. $3,600.00 Augering under Big Timber Road for 8" water service for Safety Kleen Corp. Cincinnati Time $2,781.00 1984 maintenance program for computerized equipment in Spring Street Parking Deck. Ray O'Herron Co. $2,469.25 Ten sets Concealable Body Armor Suits. 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. ORDINANCE PASSED ESTABLISHING A SCHEDULE OF FEES FOR COPIES OF PUBLIC RECORDS Councilman Gilliam made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME X.LIX Ordinance No. G39 -84 368 AN ORDINANCE ESTABLISHING A SCHEDULE OF FEES FOR COPIES OF PUBLIC RECORDS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of fees for copies of public records: A. Category I: Records capable of reproduction by photocopy. a) I - 5 pages -- no charge. .b) 6 - 15 pages -- $.10 per page. c) 16 pages or more -- $.10 per page for each page copied including page I - 5 and an administrative fee of $.90. B. Category II: Records stored b electronic data processing: $.10 per page and an operators and equipment fee of �.55 per minute or fraction thereof. C. Category III: Records stored on microfilm: $.20 per page and an operators and equipment fee of $.90 for every five minutes or fraction thereof. D. Category IV: Photographs: $6.50 for the first photograph and $1.00 for each additional photograph included in the same request. Section 2. That the schedule herein of fees for copies of public records shall not be construed to create any right to a public record not otherwise created by statute. _ Section 3. That all ordinances or resolutions in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be effective upon passage. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 9, 1984 Passed: J u l y 9, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearinan Marie Yearman, City Cleric 369 VOLUME XLIX REPORTS RECEIVED AND ORDERED PLACED ON FILE Building Permit Report for May, 1984 Greater Downtown Elgin Commission Minutes 6 /4/84 Cemetery report for May, 1984 Parking Lot Revenues 6/l/83 through 5/31/84 Public Works report for May, 1984 Traffic Committee Minutes 6/15/84 Illinois Department of Corrections Inspection Report Counc11man G111,am made a motion seconded by r •lwoman Shales to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Mary Camacho I just want to thank the Council for the street closures on Geneva and Chapel, they are completed now and they really look nice. We have had a lot. of comments from the residents and they are pleased with the results. I do want to remind you that we have the dedication of the office this Saturday and the House Walk will be on Sunday, and those of you who can make it we would be happy to have you. Ed Schmitz am from out in the Berner Woods area and we are wondering if anything has been done about the proposed annexation to Elgin. Mayor Verbic: We will be discussing this matter when we return to the Committee of the Whole Meeting. Bob Corcoran - 1057 Bellevue Avenue On June Zlst I had eight inches of raw sewerage in my basement and mfr family and I cannot put up with this situation. Mayor Verbic: I have dealt with this problem and I called Mel Dahl and that same day he went over to your place and talked with your wife. Mr. Dahl called me back after examining the problem and he said that if you followed the instructions there should never be a future problem. VOLUME XLIX 370 Mr. Corcoran: He suggested putting in some kind of valve, but with that there is no guarantee that it is going to work and there is no guarantee that the sewer line is going to work or will not brake and I will be responsible for fixing the sewer line. Mayor Verbic: Have you talked with Mr. Dahl. Mr. Corcoran: In past years I have. Mayor Verbic: Mr. Corcoran, we will send up staff to look at this specifically because we don't want th ii s problem happening. Mr. Corcoran: I would appreciate that. 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 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 9:05 p.m. Marie Yearman, City Clerk VOLUME XLIX July 23, 1984 371 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 23, 1984 at 8:40 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Harold Ross of the Calvary Lutheran Church, and the Pledge of Allegiance was led by Councilman Schmidt. ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: Councilman Gilliam. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE JULY 9, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Andersen to approve the July 9, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Councilman Waters: I have one item that I would like to include under communications. I would like to read into the record tonight a letter to the Editor of the Daily Courier News from Sandie Crawford. I will only reference part of this because it is germane to the purpose of my including it in the record. In the first part of her letter she mentions an award that she and her husband received, but then she notes -- "We hear and read so much about what Elgin doesn't have, but used to, and so much is said about our city being in a downhill slide that I think it is important to note that not only Jerry and 1, but many Elgin people have truly excelled in their field. Maybe we should begin building on the pluses instead of dwelling on our deficits." I would like to have this read into the record BID AWARDED FOR HEMMENS AUDITORIUM RECARPETING Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for the Hemmens Auditorium Recarpeting, including alternates I and 2, to the low bidder, Associated Contract Carpet Company, for an amount not to exceed $29,956.50. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 372 VOLUME XLIX BID AWARDED FOR DEMOLITION OF 152 - SOUTH GROVE AVENUE Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for the demolition of 152 -156 S. Grove Avenue to the low bidder, Turner Brothers Excavating, for a total amount not to exceed $9,788.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR WESTON AVENUE STREET ! MPRO VEMEMTC Councilman Hansen made a motion, seconded by Councilman Waters to award the bid for the Weston Avenue Street Improvements to the low bidder, Tim's Excavating of Woodstock, for a total amount not to exceed $73,170.35. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ASBESTOS REMOVAL FOR COMMUNICATION CENTER Councilwoman Shales made a motion, seconded by Councilman Hansen to award the bid for Asbestos removal for the Communication Center to the low bidder, J. F. Walton Company, for a total amount not to exceed $18,200.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR FORMS FOR THE WATER DEPARTMENT Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for the Water Department forms to the sole bidder, Uarco Inc., for a total amount not to exceed $3,708.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING THE OFF - STREET PARKING PROVISIONS OF THE ELGIN ZONING ORDINANCE AS AMENDED Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XL I X 373 Ordinance No. G42 -84 AN ORDINANCE AMENDING THE OFF - STREET PARKING PROVISIONS OF THE ELGIN ZONING ORDINANCE, AS AMENDED WHEREAS, written application has been made to amend the provisions of the Elgin Zoning Ordinance relating to off - street parking requirements; and WHEREAS, after due notice all public hearing as required by law have been held; and WHEREAS, the Planning Committee has recommended amendment of the off - street parking provisions of the Elgin Zoning Ordinance; and WHEREAS, it is in the best interest of the City of Elgin to amend the provisions of the Elgin Zoning Ordinance relating to off- street parking requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Division 11 of Chapter 19.44 of Title 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: 11. OFF -- STREET PARKING 1'Q !1R nQn D. r i., 0,,u 1 urpose of provisions A. This chapter provides for the minimum acceptable number of off - street parking spaces required in connection with any building or structure which is to be established, erected, extended, enlarged, substantially remodeled, or changed from one principal use to another and the location thereof. B. This chapter further provides for the review of all proposed parking facilities to determine that such facilities are so designed so as to: I. Function safely and efficiently. 2. Be constructed according to standards which promote a reasonable life expectancy. 3. Be adequately surfaced so as to prevent the generation of dust. 4. Minimize the area of impervious paving by efficient lot design and prevent damage to surrounding property, private and public, by the unregulated discharge of increased stormwater runoff. 5. Assure compatibility with adjacent properties by the presence of screening where required by this chapter to control the dispersion of vehicle light and noise. 6. Be an attractive asset to the neighborhood in which the use, building or structure is located is protective of surrounding property values through the use of appropriate landscaping. 374 VOLUME XLIX C. Any off- street parking space proposed in conjunction with a new use, building or structure or serving existing uses shall not be constructed, removed, enlarged, or altered except in conformance with the requirements of this title. 19.44.100 Location A. All off - street parking spaces, open sales lots, and storage yards shall meet the locational requirements of this chapter. B. Accessory off - street parking spaces required for all uses established after March 8, 1962 shall be located on the same lot as the principal use served. Property separated by a public right -of -way and located directly across the right -of -way from the principal use served may be used for off - street parking. Off - street parking spaces not located on the some lot as the principal use served shall be located within 400 feet of the principal use served. C. Uses located within the B -2 Central Business District shall not be required to provide off - street parking. Uses contained within a B -1, B -3, or B-4 district, and located within 800 feet of the B -2 district and a public parking lot shall not be required to provide off - street parking provided that it is not physically possible to construct a surface parking lot on the premises of the principal use. D. Off - street parking spaces shall not be located within a required front yard of property located in an R-4 residence district. 19.44.110 Use A. Off- street parking spaces accessory to uses listed in this title shall be used exclusively for the parking of passenger vehicles or other vehicles necessary for the use served. B. Open sales lots, as provided in this title, shall be subject to all of the applicable requirements of this chapter.. C. Storage yards, as provided in this title, shall be subject to all of the applicable requirements of this chapter. 19.44.120 Collective facilities Off - street parking facilities for separate uses may be provided collectively, if the total number of spaces so provided is not less than the sum of the separate requirements of each such use, if all regulations governing the location of accessory parking spaces in relation to the use served are observed. Parking facilities or portions thereof may serve as the required spaces for more than one use, provided that it is clearly demonstrated to the land use administrator that time differences in the activity patterns or peak demand periods of the several uses do not exceed the total number of available spaces. In such cases the land use administrator shall authorize the collective use of the parking facility as requested and shall cause a copy of such authorization with any restrictions to be filed in the office of the Recorder of Deeds at the expense of the property owner. VOLUME XLIX 375 19.44.130 Site plan and construction permit A. No work shall be performed on off- street parking facilities, open sales lots, or storage yards prior to the issuance of a construction permit. B. For off - street parking facilities, open sales lots, and storage yards containing five or more parking spaces, or an equivalent surface area, a site plan specifying all proposed and required improvements shall be submitted in duplicate to the Bureau of Inspection Services. The site plan shall be approved by city engineer and the land use administrator prior to the issuance of a construction permit. The site plan shall document conformity with applicable requirements of this chapter. Additionally, the site plan shall specify n mini[? urn scale of one inch ngiinle fifty feet; a earth arrow; and on- site and adjoining site conditions including zoning classifications, property boundaries, r ight -of -ways, utilities (inverts and sizes), street improvements, site improvements, and vegetation (size and type). 19.44.140 Occupancy permit A. An occupancy permit shall be issued by the Bureau of Inspection Services prior to the occupancy and use of any facility. B. An occupancy permit shall not be issued until all work on the off - street parking facility, open sales lot, or storage yard specified in the approved plans has been completed. C. in the event that material shortages, labor strikes, and seasonal limitations prevent the completion of work required by this chapter although all other required work has been completed; or for the phased occupancy of a multiple unit development with collective parking facilities providing surfacing requirements in support of the unit to be occupied have been met, a request for a temporary occupancy permit may be submitted by the owner of the facility to the building official together with a performance bond, cash bond or construction escrow approved by the corporation counsel in an amount equal to one hundred and twenty -five percent of the estimated cost of the remaining work. If the building official finds that required work can not be completed due to material shortages, labor strikes, seasonal limitations., or phased occupancy .he shall issue a temporary occupancy permit for a period not to exceed twelve months. 19.44.150 Design standards -- Applicability This section sets forth applicable design standards for off - street parking facilities, open sales lots, and storage yards. The design standards include required spaces, access, aisles and stalls, setbacks, perimeter curb, surfacing, stormwater control, landscaping, lighting, striping and markings, and signs. A. New Construction. 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, full compliance with this chapter is required including the minimum number of parking spaces, access, aisles and stalls, setbacks, perimeter curb, surfacing, stormwater control, landscaping, lighting, striping and markings, and signs. B. Change in Use or Occupancy. For a change in use or occupancy of an existing building with an existing parking lot, partial compliance with this chapter is required 376 VOLUME xi_Ix including the minimum number of required parking spaces, access on -site, lighting, striping and markings where there is a concrete or asphaltic surface, and signs. C. Structural Expansion. For the structural expansion of an existing building, where cumulative expansion after August b, 1984 exceeds twenty -five percent of the gross floor area, partial compliance with this chapter is required including the minimum number of required parking spaces, access, aisles and stalls, setbacks, surfacing, stormwater control, landscaping, striping and markings, lighting, and signs. D. Parking Expansion. For the expansion of an existing parking lot due to a change in use or occupancy, or due to the structural expansion of an existing building, or if additional parking is desired by the property owner or the occupant: I. For the expansion of an existing parking facility, when the cumulative total number of parking spaces is less than thirteen, or an equivalent surface area, partial compliance with this chapter is required for both the existing parking lot and the expansion including the minimum number of required parking spaces, access, aisles and stalls, setbacks, surfacing, stormwater control, landscaping, lighting, striping and markings, and signs. 2. For the expansion of an existing parking facility, when the cumulative total number of parking spaces is thirteen or more, or an equivalent surface area, full compliance with this chapter is required for both the existing parking lot and the expansion, including the required number of parking spaces, access, aisles and stalls, setbacks, perimeter curb, surfacing, stormwater control, landscaping, lighting, striping and markings and signs. E. Substandard Parking -- Zoning Change. 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, full compliance with this chapter shall be required, -prior to its use if the zoning classification of the property is changed, including the minimum number of required parking spaces, access, aisles and stalls, setbacks, perimeter curb, surfacing, stormwater control, landscaping, lighting, striping and markings, and signs. F. Substandard Parking -- Public Nuisance. 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 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. The city shall require provisions for required spaces, access, aisles and stalls, setbacks, perimeter curb, surfacing, stormwater control, landscaping, lighting, striping and markings, and signs. A public nuisance shall include but is not limited to the generation of dust effecting the public health, safety and welfare, stormwater runoff onto adjoining property, erosion onto sidewalks, streets, or adjoining property, vehicular access which is unsafe or which has inadequate vehicular circulation, or vehicular encroachment onto adjoining property. G. Exceptions. Off- street parking facilities, open sales lots, and storage yards shall be subject to all of the requirements of this section with the following exceptions: I. For parking facilities and open sales lots containing four or less parking spaces, or an equivalent surface area, partial compliance with this chapter is required VOLUME XLIX 377 including the minimum number of required spaces, access off -site, aisles and stalls, setbacks, surfacing, stormwater control, lighting, and signs. 2. For storage yards, partial compliance with this chapter is required, including provisions for access, surfacing, stormwater control, landscaping, lighting, and signs. 3. For all parking facilities located within parks or golf courses, partial compliance with this chapter is required including provisions for required spaces, access, aisles and stalls, setbacks, surfacing, stormwater control, lighting, striping and markings, and signs. 1`9.44.160 Desian Standards -- Generally The design and construction of parking lots shall be in substantial conformity with the standards contained in the Transportation and Traffic Engineering Handbook, latest edition, published by the Institute of Traffic Engineers. 19.44;170 Parking calculations A. If the required number of off - street parking spaces is determined through square - footage calculations, the following definition of gross floor area shall be used: "Floor area," for the purpose of determining off - street parking, means the sum of the gross horizontal areas of the floor or several floors of the building, or portion thereof, devoted to a use requiring off - street parking. This area shall include accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for purposes of determining off- street parking spaces and off - street loading spaces shall not include floor area devoted primarily to storage purposes or floor area devoted to common halls, balconies, off- street parking or loading facilities, including ramps, aisles, and maneuvering space, or any other use that does not require off - street parking. B. When determination of the number of off - street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of one -half or less may be disregarded•, while a fraction in excess of one -half shall be counted as one parking space. 9.44.180 Required spaces A. The required number of off - street parking spaces shall be provided for all uses fisted in this title, prior to the issuance of an occupancy permit. Where there is more than one use as listed in this section located within a building, the required number of off - street parking spaces shall be provided for each use. B. The number of required off - street parking spaces shall be provided as follows: I. Single - family Dwellings. At least two parking spaces for each dwelling, plus one additional approved and surfaced parking space for each two roomers or lodgers accommodated. 2. Two - family Dwellings. At least two parking spaces for each dwelling. 378 VOLUME xLlx 3. Multiple- family Dwelling. At least two parking spaces per dwelling unit, excluding efficiency units, 4. Multiple- family Dwelling- Efficiency. At least one and one -half parking spaces per dwelling unit. S. Roominghouses. At least two spaces, plus one space for each two persons for whom living accommodations are provided. 6. Private Clubs and Lodges. At least four spaces plus one space for each five seats in the meeting hall and spaces as may be required in this chapter for affiliated uses such as restaurants. 7. Motels, Hotels, Tourist Homes, or Tourist Courts. At least one space for each dwelling or lodging room, plus one space for each two employees, and spaces as may be required in this chapter for affiliated uses such as restaurants. 8. School — Nursery, Elementary, or High -- Public or Private. At least one space for each faculty member and full -time employee, plus at least one space for each ten seats, or one hundred eighty inches of seating space, in the main auditorium or assembly hall of high schools. 9. Church and Institutional .Auditoriums. At least one space for each person employed on the premises and one additional space for each five seats, or ninety inches of seating space, in the main auditorium or assembly hall. 10. Theaters. At least one space for each two employees and one additional . space for each four seats in the theater, plus as may be required herein for affiliated uses such as restaurants. 11. Hospitals. At least two spaces for each hospital bed. 12. Sanitariums, Convalescent Homes, and Nursing Homes. At least one space for each three beds, plus one space for each employee on duty. 13. Museums and Libraries. At least one space for each two hundred fifty square feet of floor area. 14. Recreational Buildings and Community Centers. At least one space for each one hundred square feet. I S. Medical and Dental Clinics. At least two spaces for each examining or treatment room, plus one space for each doctor and employee in the building. 16. Public Utility and Public Service Uses. At least one space for each one and one -half employees plus spaces as determined by the land use administrator to serve the visiting public. 17. Restaurants. Sale and consumption of food and refreshment on the premises. At least one space for each sixty square feet of floor area. 18. Restaurants. Sale and consumption of food and refreshment with carry out service. At .least one space for each forty -five square feet of floor area. VOLUME XLIX 379 19. Bowling Alleys. At least seven spaces for each alley, plus additional spaces as may be required in this chapter for affiliated uses such as restaurants. 20. Banks, Business, and Professional Offices or Public Administration. At least one space for each two hundred fifty square feet of floor area. 21. Automobile Service Stations. At least one space for each employee, plus two additional spaces for each service stall. 22. Furniture and Appliance Stores, Wholesale Stores, Household Equipment or furniture Repair shops. One space per three hundred square feet. 23. Motor Vehicle Sales or Machinery Sales. At least one space for each three hundred square feet of floor space, plus parking spaces required in this chapter for repair facilities. 24. Undertaking Establishments and Funeral Parlors. At least ten spaces for each chapel or parlor plus one space for each funeral vehicle maintained on the premises and one space for each employee. 25. Retail Stores --- Other. At least one space for each two hundred square feet. 26. Manufacturing, Warehouse, and Storage Establishments. At least one space for each one and one -half employees based on the maximum number of employees on the premises during any working period or at least one space for each one thouand square feet of gross floor area, whichever is greater. 27. Elderly Public Housing. There shall be a minimum of one off - street parking space for each two dwelling units. In the event that any such property is no longer used for such purposes, then the minimum number of parking spaces otherwise required shall be provided. A convenant agreeing to the above requirements suitable for recording shall be executed and submitted to the land use administrator prior to the issuance of a building permit. 28. Other Uses. Parking spaces on the some basis as required in this chapter for the most similar uses as determined by the land use.administra.tor. 1.9.44.190 Access off -site A. The number, location, and design of approaches and driveways across public property shall be subject to the provisions and requirements of Chapter 13.08. B. All off - street parking facilities shall be provided with an appropriate means of vehicular access on a concrete approach and on a concrete or asphalt driveway to an improved alley or street. Asphalt approaches shall be provided to an unimproved alley or street as determined by the city engineer. For parking facilities containing thirteen or more parking spaces, the approach and driveway shall be defined with a barrier curb, as required by this chapter, from the property line to an improved alley or street. 19.44.200 Access on -site A. Off- street parking lots containing five or more parking spaces shall be designed so as to require egress from the facility to a street by forward motion of the vehicle. 3$0 VOLUME XL I X B. Cross aisles and parking spaces shall not open directly on an entrance aisle within the property lines for a distance which affords safety and efficiency. Twenty feet of protected entrance aisle length shall. be provided within the property lines for each fifty parking spaces contained within a parking lot, or an equivalent entrance aisle vehicle stacking capability. C. Cross aisles within a parking lot shall align as practicable. Entrance aisles shall align with the entrance approaches, excepting where adequate vehicle stacking space is provided in the entrance aisles. D. Each off - street parking space shall open directly on are aisle of such width and design as to provide safe and efficient means o' f vehicular access to such parking space. 19.44.210 Aisles and stalls Aisles shall be a minimum of twenty -four feet in width. Parking stall dimensions shall be a minimum of nine feet by eighteen and one -half feet. Aisle and stall dimensions may be reduced for downsized or compact motor vehicles. The number of compact parking stalls shall not exceed forty percent of the total number of parking stalls provided. Compact parking stalls shall be clearly marked as such. Handicap stalls shall be subject to the provisions and requirements of Chapter 16.04. 19.44.220 Setbacks A. Setbacks shall be required on each side of any parking area except in an area immediately adjoining the building which the parking serves. Where any parking area directly adjoins a building, approved barriers shall be installed to prevent a vehicle from striking the building. B. Setbacks shall be a minimum of eight feet in width when located adjacent to lot lines adjoining any right -of -way, and six feet in width when located adjacent to all other lot lines. 19.44.230 Perimeter curb A. Off- street parking lots accessory to uses located within residence and business districts, and containing thirteen or more parking spaces shall be defined with six inch by eighteen inch P.C. Concrete .reinforced curb or an equivalent in design and function approved by the city engineer. The curb shall be placed a minimum of eight feet inside lot lines adjoining any street and a minimum of six feet inside all other lot lines so that no part of any vehicle within the parking facility projects over the lot lines into adjoining properties or rights -of -way. Sections of depressed curb shall be approved for the purpose of snow removal. B. Whenever a curb is not required, the subbase material shall be extended one foot beyond the edge of pavement as a means of preventing deterioration of the pavement, and authorized barriers may be installed as a means of preventing vehicular encroachment into adjoining properties and into public rights -of -way. VOLUME XLIX 19.44.240 Surfacing 381 A. Open off - street parking lots and open sales lots shall be improved with a minimum eight inch compacted gravel base and a two inch asphaltic concrete surface,or approved equivalent. B. Parking facilities located within parks or golf courses and storage yards shall be improved with a minimum eight inch compacted gravel base and a type A3 seal coat surface, or an approved equivalent. .19.44.250 Stormwater control Stormwater control for off - street parking facilities shall be subject to the provisions and requirements of Chapter 18.36. Surface water shall be discharged into an adequate storm sewer system, -or alternate drainage system if storm sewer is not available. Drainage shall not be permitted to flow directly across sidewalks. The intent of this section is to provide for the collection of stormwater within the parking lot versus overland flow into the public rights -of -way. The city engineer may require that the facilities be designed with stormwater detention capabilities where the existing storm sewer system has insufficient capacity to serve the facilities. 19.44.260 Landscaping -- Generally A. A landscaping plan shall be submitted as a component of the required site plan. The landscaping plan shall be approved prior to the issuance of a construction permit as required by this chapter. At no time shall required trees and screening be permitted to constitute a traffic hazard. B. Existing vegetation that does not restrict the development of the property, being a size, type, and good health such that they would be an asset rather than detrimental to the site development, shall be retained as determined by the land use administrator. C. Required trees shall be of an approved type and shall measure not less than two inches in diameter nor less than ten feet in height. The following trees shall not be permitted: American elms, Chinese elms, cottonwood, box elders, silver maples, poplars in variety, willows in variety, or other similar fast growing brittle -wood species. D. Required shrubs shall be of an approved type and shall be maintained at not less than two feet in height at any location and not more than three feet in height within any required front yard. Required earth - mounded berms, garden walls, and fencing shall be constructed at not less than two feet in height at any location and not more than three feet in height within any required front yard. In certain unique circumstances such as the topography of a site, the land use administrator may require that shrubs, earth - mounded berms, garden walls, and fencing be constructed or maintained at greater heights. E. Open sales lots shall not be required to install perimeter screening within a required setback located between the open sales lot and a public street. Storage yards shall not be required to install perimeter trees or interior landscaping. Storage yards shall be effectively screened on all sides, excepting any side immediately adjoining the building which the storage yard serves by a minimum six foot solid fence as provided in this title. 382 VOLUME XLIX F. Within manufacturing districts, a parking facility or any portion thereof which is located behind the wall of the principal building facing a street right -of -way shall not be required to install interior landscaping or perimeter landscaping, except on any side of a parking facility which is adjacent to a street right -of -way, or a business or residence district. G. Within office, business and manufacturing districts, a parking facility or any other vehicle use areas including building service areas and off - street loading areas shall be subject to the perimeter landscaping requirements along one hundred percent of each side adjoining a residence district. 19.44.270 Landscaping — Perimeter A. Trees shall be planted within the required setbacks. The number of trees shall be calculated by dividing the total lineal footage on all sides of the parking area by fifty feet, but shall not be less than two trees for each side. That part of any side of a parking area immediately adjoining the building which the parking serves shall not be included in the calculation. Required trees may be clustered. B. Off - street parking lots shall be effectively screened along fifty percent of each side, excepting that part of any side immediately adjoining the building which the parking serves. Screening shall be comprised of any combination of plant material, earth - mounded berms, garden walls, or fencing. If plant material is used, three shrubs shall be required for each ten feet of a perimeter. Plant material may be clustered. Those portions of the landscaped areas containing no screening shall be landscaped with grass or other suitable ground .cover. Perimeter landscaped areas shall be maintained free of litter and weeds, and all dead and unsightly plant material shall be replaced. 19.44.280 Landscaping -- Interior A. For off -- street parking lots containing more than two parking rows, interior landscaping shall be required. The amount of square footage to be given to interior landscaping shall be determined by multiplying the number of unprotected or exposed parking row ends by one hundred eleven square feet. Ends of parking rows that abut a required setback or a building shall not be included in the calculation. B. Interior landscaped areas shall be defined by a perimeter six inch by eighteen inch P.C. Concrete reinforced curb. Interior landscaping areas shall be a minimum of one hundred eleven square feet in area and a minimum of six feet in width. C. Within each interior landscaped area, one tree and four shrubs shall be planted for each two hundred fifty square feet of landscaped area, but no less than one tree and two shrubs shall be planted in each area. Trees and shrubs may be clustered. Those portions of the landscaped area containing no trees or shrubs shall be landscaped with grass or other suitable ground cover. 19.44.290 Lighting Lighting shall not be required, however any lighting used to illuminate off - street parking lots shall be so arranged as to direct the light away from adjoining property and streets. VOLUME XLIX 383 1 9.44.300 Striping and markings Parking lots containing five or more spaces shall be striped and marked. 19.44.310 Signs Traffic control signs shall be required. Other informational signs directing and guiding automotive or pedestrian traffic or parking on private property may be installed in conjunction with a parking lot as provided in Chapter 19.45. Such signs shall not exceed four feet in height and shall not exceed eight square feet in surface area. There shall not be more than one entrance or exit sign for each entrance or exit. 19.44.320 Variations The land use administrator may grant certain variations to the requirements of this chapter. A variation shall not be granted unless it can be demonstrated that a parking lot cannot be developed to meet the requirements of this chapter due to the unique size, shape, or topography of the site. Any variation granted shall be the minimum adjustment necessary for the reasonable use of the land. Variations shall be granted only in the following specific instances: A. Reduction of the required number of parking spaces up to a maximum of twenty percent. B. Size of parking stall and aisles. C. Size and location of setbacks. D. Location of curb. E. Size and location of striped islands. 19.44.330 Appeals Any interpretation or decision regarding the requirements of this chapter may be appealed to the zoning and subdivision hearing examiner pursuant to Chapters 19.56 and 19.58. 19.44.340 Administration and Enforcement The :provisions of this chapter shall be administered by the Bureau of Inspection Services. Section 2. That this ordinance shall be published in pamphlet form and shall be effective ten days after its passage and publication. s/ Richard L. Verbic Richard L. Verbic, Mayor 384 Presented: July 23, 198+ Passed: July 23, 198+ Vote: Yeas 6 Nays 0 Recorded- Published: Attest: YS. Marie Y Va r -ie—y e man Marie Yearman, City Clerk VOLUME XLIX ORDINANCE PASSED INCREASING THE AUTHORIZED STRENGTH OF THE FIRE DEPARTMENT Councilman Schmidt: I would just like to bring to your attention the authorized strength of five members to the rank of Deputy Chief is a misprint and it should have been four. Acting Chief Sphatt: That is right. Presently we have three Deputy Chiefs and a Chief's position. With this change there would be four Deputy Chiefs available and the Chief's position. The fourth position would only be filled if I had to be sent back to the Deputy Chief's position. If I were to retire or if any other of the Deputy Chiefs were made Chief, then that position would be deleted. Councilman Schmidt: Mr. Mayor, this is not spelled out in the ordinance before us tonight. Mayor Verbic: The number of Deput Chiefs should be four not five. Councilman Schmidt: If Acting Chief Sphatt does not get the Chief's appointment he automatically would come back to this fourth position. In the event that he should be appointed Chief then this fourth Deputy Chief position would be eliminated. Counsel Jentsch: That is correct, you would have to pass another ordinance deleting this position. Councilman Schmidt: I would like to move that this ordinance increasing the strength of the Fire Department read four Deputy Chiefs. Acting Chief Sphatt: But that position will not be filled now, at this time. I would like to make that clear. Councilman Hansen: I understand the intention is to keep the actual authorized strength of the Fire Department at 76 men. Councilman Schmidt made a motion, seconded by Councilman Waters to pass the aforementioned ordinance, as amended. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME KLIK Ordinance No. G43 -84 AN ORDINANCE INCREASING THE AUTHORIZED STRENGTH OF THE FIRE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the authorized strength of the Elgin Fire Department shall hereafter be seventy -seven (77) members, of which one member shall be chief, no more than four (4) members shall hold the rank of deputy chief, no more than seven (7) members shall hold the rank of captain, no more than nineteen (19) members shall hold the rank of lieutenant, and the balance of said members shall be of firefighter rank. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 23, 1984 Passed: J u l y 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea*rman Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR A COMMUNITY SERVICE FACILITY Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 386 V n LLrME Y L I X Ordinance No. G44 -B4 AN ORDINANCE GRANTING A SPECIAL USE FOR A COMMUNITY SERVICE FACILITY WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a community service facility at 1300 Bluff City Boulevard; 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 community service facility at 1300 Bluff City Boulevard, Elgin, Illinois, legally described as follows: Part of the Southwest Quarter of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point in the center line of State Road (Illinois State Route 20) North 71 degrees 45 minutes West, 440.58 feet distance as measured along the center line of said State Road from the East line of the West Half of the Southwest Quarter of Section 20; thence South 5 degrees 21 minutes West, a distance of 60.00 feet from the center line of said State Road for a point of beginning; thence continuing South along the last described course a distance of 254.00 feet to a point that is North 72 degrees 39 minutes West, 470.60 feet from a point on the East line of the West Half of the Southwest Quarter of said Section 20; thence North 72 degrees 39 minutes West, 277.99 feet; thence Northerly along a straight line parallel to the Easterly boundary line of premises herein described 279.55 feet more or less to the Southerly right -of -way line of said State Road; thence Southeasterly along the Southerly right -of -way line of said State Road to a point which is North 71 degrees 45 minutes West, a distance of 120.00 feet from a paint in the Easterly boundary line extended of said premises; thence Southeasterly 128.00 feet to the point of beginning, being situated in the City of Elgin, Cook County, Illinois. be and is hereby granted. 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 VOLUME XEIX Presented: July 23, 1984 Passed: J u 1 y 231 1984 Vote: Yeas 6 Nays 0 Recorded: P ubI ished: Attest: e S/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING WILLIAM LOVELL AS A MEMBER OF THE CIVIL SERVICE COMMISSION Councilman Andersen made a motion, seconded by to adopt the aforementioned resolution. Yeas: Andersen, Hansen, Schmidt, Shales, Waters and None. 387 Councilman Schmidt Councilmen Mayor Verbic. Nays: M2 VOLUME X LIX RESOLUTION APPOINTING WILLIAM LOVELL AS A MEMBER OF THE CIVIL SERVICE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that William Lovell be and is hereby appointed as a member of the Civil Service Commission for a term to expire May 1, 1987. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 23, 1984 Adopted: J u l y 23, 1984 Vote: Yeas b Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF ILLINOIS BELL FOR THE USE OF CERTAIN PUBLIC PROPERTY Councilman Waters made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Bays: None. VOLUME XLIX RESOLUTION ACCEPTING THE PROPOSAL OF ILLINOIS BELL FOR THE USE OF CERTAIN PUBLIC PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Maim, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an acceptance of the proposal of Illinois Bell for the use of certain public property for the installation of an Elgin Historic District sign, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verb'-c, Mayor Presented: July 23, 1984 Adopted: July 23, 1984 Vote: Yeas 6 Nays 0 Recorded: A ttest: P s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT FOR ENGINEERING SERVICES WITH HAMPTON. LENZINI Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Ve'rbic. Nays: None. 340 VOLUME XLIX RESOLUTION AUTHORIZING AN AGREEMENT FOR ENGINEERING SERVICES WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PHASE III OF WING STREET IMPROVEMENTS WHEREAS, the City of Elgin desires to retain the services of Hampton, Lenzini and Renwick, Inc. to perform certain engineering services necessary for the improvement of Wing Street from Weston Avenue to Route 31. 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 engineering services with Hampton, Lenzini and Renwick, Inc. for Phase III of Wing Street improvements, 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: July 23, 1984 Adopted: J u I y 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea and Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN EXTENSION OF AN AGREEMENT FOR THE MAINTENANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION 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. VOLUME XLIX 391 RESOLUTION AUTHORIZING AN EXTENSION OF 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 extend an agreement with the Illinois Department of Transportation for the maintenance of streets for the period commencing July 1, 1984 through June 30, 1985, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 23, 1984 Adopted: July 23, 1984 Vote: Yeas 6 Nays 0 Recorded: A ttest: �A s/ Ma�eYe man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR WING Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Maters and Mayor Verbic. Nays: None. 392 VOLUME XLIX RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, FOR WING STREET IMPROVEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the State of Illinois, Department of Transportation, for the improvement of Wing Street from Weston Avenue to Route 31, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 23, 19$4 Adopted: July 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: S1 Axx-r% Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING THE CITY C Councilman Hansen made a motion, seconded to adopt the aforementioned resolution. Andersen, Hansen, Schmidt, Shales, Waters None. T G by Councilwoman Shales Yeas. Councilmen and Mayor Verbic. Nays: VOLUME XLIX 393 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 COUNTY 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 County, 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 Munnicipality 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 governnment under Article VII of the 1974 Constitution of Illinois and is therefore authorized to engage in a home mortgage loan program and to issue its bonds for such purposes; 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 1 970 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 Section 103A of the Internal Revenue Code of 1954, as amended (including the provisions of H.R. 4170, when passed into law) (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 1984 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, KANE AND COOK COUNTIES, ILLINOIS: Section I. That the Mayor and Clerk of the Municipality are hereby authorized, empowered and directed to enter into an agreement with the County in substantially the form attached to this resolution. Section 2. That the appropriate officers of the City of Elgin are hereby authorized and directed to take all necessary or advisable actions in connection with the execution and implementation of the agreement in order to facilitate the issuance of such bonds by the County. 394 VOLUME XLIX Section 3. This resolution shall be in full force and effect upon its passage and approval. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 23, 1984 Adopted: J u l y 23, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF DONOHUE & ASSOCIATES. x 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. 'i VOLUME XLIX 395 RESOLUTION AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF DONOHUE & ASSOCIATES, INC. FOR THE CHICAGO STREET COMBINATION SEWER REHABILITATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Maim, Acting City Manager, be and is hereby authorized to accept the proposal of Donohue & Associates, Inc.. for the design and inspection of the Chicago Street Combination Sewer Rehabilitation, a copy of which is attached hereto and made a part hereof by reference. s/ REchard L. Verbic Richard L. Verbic, Mayor Presented: July 23, 1984 Adopted: July 23 , 1 984 Vote: Yeas 6 Nays p Recorded: Attest: sI Marie Yea an Marie Yearman, City Clerk 396 VOLUME XL1X AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS NTN Corporation Kane County Forest Preserve Commission. Layne - Western Co. Jimmy Diesel $15,000.00 Relocating storm sewer. $ 6,750.00 Design services for Prairie Path. $34,791.73 Repairs to deep well #4A. $ 3,019.00 Repair to Bus #1040. !united Diesel Service $ 1,780.00 Repair to Bus ##285 MPH Industries $ 1,795.00 Replace of 1 police radar unit. H & H Lawn Service $ 2,329.50 Weed cutting services. Councilman Waters made a motion, seconded by Councilwoman Shales to approve the above payments. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for April, 1984 Water Department Report for June, 1984 Building Permit Report for June, 1984 Parking Lot Revenues 7/1/83 through 6/30/84 Cemetery Report for June, 1984 Public Works & Engineering Report for June, 1984 Budget Summary dated July 10, 1984 Councilman Hansen made a motion, seconded by Councilwoman Shales to place the above reports on file. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. VOLUME XLIX ADJOURNMENT 397 Councilwoman Shales made a motion, seconded by Councilman Andersen 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 9:00 p.m. Marie Yearma , City Clerk VOLUME XLIX August 13, 1984 398 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 13, 1984 at 8:40 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 Ken Kosek of WRMN. FIXIT�,1111111111 Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Absent: Councilman Waters. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE JULY 23, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Andersen made a motion, seconded by Councilwoman Shales to approve the July 23, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. BID AWARDED FOR CABINET WORK FOR NEW FIRE STATION Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid for the cabinet work and countertops at the new fire station to the low bidder, Kitchen Wholesalers, for a total amount of $5,128.81. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. BID TABLED FOR VETERINARY SERVICES Mayor Verbic: We had bids solicited from five local animal hospitals and two proposals were received. One was from the Animal Hospital of Elgin and the other one was from the Anderson Animal Shelter in South Elgin. The recommendation of the staff is to award the contract to the evaluated low bidder, which was the Animal Hospital of Elgin at a cost of $40.00 per dog for the base period, November 1, 1984 to October 31, 1986, and the further recommended that two additional years be awarded at a cost of $45.00 a dog for the period November 1, 1986 to October 31, 1988. Is there anyone here representing the Anderson Animal Shelter. 399 VOLUME XLIX Leslie Smith, Director, Anderson Animal Shelter: I would just like to add that there are a few other things to take into consideration other than the costs. As I understand it we came in with the same bid as Dr. Rocke, $40.00 per unredeemed dog. I assume the staff is saying his is a lower bid because of the difference in travel from the Police Station to Dr. Rocke vs. Anderson Shelter. Mayor Verbic: Yes, about $1.90 per trip. Leslie Smith; We feel that we have a lot more to offer to the dog owners in Elgin. Mostly the fact that dogs would be put up for adoption. We are planning to add a new wing this Fall or Winter, although even before we build the new wing we can accommodate the Elgin strays. So we would like you to take into consideration that they would get this opportunity to be adopted when they are not redeemed and as you know about 60% of the strays are not redeemed. In addition to that we have a lot more advantages. All of our dogs are in big outdoor, indoor runs, which is easier on the dog and the remain housebroken. We consistently receive top grades from the Department of Agriculture Inspectors. We run a clean facility and we are proud of it. Last month we adopted 60% of the dogs which we had. in addition there is a lot of confusion about where the stray dog contract is now. We have the contracts with all the cities surrounding Elgin. West Dundee, Carpentersville, South Elgin, St. Charles and unincorporated Kane County, so the other strays do come to the shelter even though the Elgin strays don't. Consequently people very often bring the Elgin strays to us and they are told that they have to take them back up to Dr. Rocke, or they do not do that and they dump them on the front lawn then we either have to take them or call Elgin to come and get them. So there is a lot of confusion and ill - feelings among the citizens. I think we are open more hours. We are open six days a week, nine to four or nine to five and strays are brought in 24 hours • day. People can come in to redeem their dogs all day, six days • week. We also furnish educational material to tell people why dogs become strays and 'how to prevent their dogs from becoming strays and we try to reduce the number of strays, thereby reducing the cost to the citizens. We hope that you will take these things into consideration, there are just not costs to consider there is an emotional factor. Dog owners would be happy to know that their dogs would have a second chance. VOLUME XLIX 400 Herb Born, 212 Perry St.: The reason I am here is that 1 am deeply interested in a situation that concerns animals. The Anderson Animal Shelter has been in operation for many years, and its existence and continued operation is due to the many volunteers you see here tonight. This is above an beyond an animal shelter where we take strays, we also find them place- ment. We offer an opportunity to get animals placed and placed properly. We do have the veterinaries behind us, they volunteer all of their services. We would like to have you come down and visit us and just see what facilities we have to offer. William Cutter, Wayne, Ill. : I am the Vice- President of this organization and I would like to make the suggestion that you not make a decision until you look at both places. I ask that is it wise to sign a contract for years on end without looking at what you are doing. We are not that far away and we don't need prior notice. After you have looked at both places then decide what is best for the citizens of Elgin. Councilman Gilliam: I am willing to take a look at both facilities. Mayor Verbic: I agree with you Councilman Gilliam. I have been to both of them actually, but this was several years ago and I would still be willing to look at both of them again, even though after reading all the material and visiting both facilities I still prefer the South Elgin facility. If the rest of the Council would like to take the time to visit both facilities we could table this for two weeks time. Councilman Hansen: I notice that this organization took exception to two parts of the bid proposal and the one that concerns me is your policy, which is in the ordinance and in the bid regarding bitten animals, why can't you comply with that part of the quotation, we have it in our ordinance and we have to deal with it some way. Leslie Smith: According to Illinois State Law when a dog bites and breaks the skin it has to be impounded for 10 days by a veterinary and has to be observed on the first and tenth. day by a veterinary. We don't do that with our other stray contracts, but the numbers are so few that we just work it out with a veterinary in the area. Mr. Cutter: This requires a veterinary to do this and we are not a veterinary, we are an animal shelter. We have volunteer veterinary services and the dog must be under their care. We could work out a cooperative agreement as we do with Carpentersville and some of the other cities. Councilman Hansen: I would appreciate your working that out with the members of the staff that have to formulate the contract. Councilman Andersen made a motion, seconded by Councilman Gilliam to table this bid until the next Council meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Days: J None. 40! VOLUME XLIX BID AWARDED FOR HEMMEN "S BUILDING ACCESSIBILITY RAMP Councilman Hansen made a motion, seconded by Councilman Schmidt to award the bid for the Hemmen's Accessibility Ramp to the low bidder, Larry Koesche Builders, for a total amount of $6,125.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. BID AWARDED FOR TWO MOWERS FOR BLUFF CITY CEMETERY Councilman Schmidt: 1 notice that between the bids of Rowland's and Ralph Helm, Inc., of Elgin, there is only $6.90 difference and for $6.90 1 would like to see it stay here in Elgin, but would we be setting a precedent by taking the next to the lowest bid. Mayor Verbic Can we have that addressed by Mr. Sarro: Mike Sarro: I would say yes. There just is no mechanism that I am aware of in my nine years with the City to do this. Councilman Hansen: If you tamper too much with the bidding process you stand a good change of people not having enough confidence in our system to bid in good faith. Councilman Gilliam made a motion, seconded by Councilwoman Shales to award the bid for two mowers to Rowland's Equipment, Inc., for a total amount of $3,821.40. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales and Mayor Verbic. Nays: None. BID AWARDED FOR 1985 VEHICLE STICKERS Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid for the 1985 Vehcile Stickers to the low bidder, Rydin Sign & Decal Co., for a total amount of $1,462.76; Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. BID AWARDED FOR VEHICLE LICENSE APPLICATION FORMS Councilman Gilliam made a motion, seconded by Councilman Schmidt to award the bid for Vehicle License Application Forms to the low bidder, Uarco Inc., for a total amount of $3,010.35. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLIX PRELIMINARY PLAN AND FINAL PLAT APPROVAL FOR THE WINDSOR ADDITION TO CENTURY OAKS 402 Roger Dahlstrom: The property is zoned R -2 Single Family Residence. The proposed subdivision features thirty -five lots on approximately nine acres. At its regular meeting of August 9, 10,8 4, the Land Use Comm l ttee recommended approval of the Preliminary Plan and Final Plat for the Windsor Addition to Century Oaks West subject to the following conditions, by a vote of four yes and zero no: (1) A school site cash contribution in the amount of $5,124.00 is to be paid prior to the issuance of a building permit. (2) A park site cash contibution in the amount of $7,450.34 is to be paid prior to the issuance of a building permit. (3) Submission and approval of final engineering plans and specifications per Engineering Division., and submission and approval of a subdivision completion bond per the Legal Department. (4) Approval of the plat of subdivision per the Planning Department, Engineering Division and Legal Department. (5) Compliance with all other applicable codes and ordinances. Councilman Hansen made a motion, seconded by Councilman Gilliam to approve the Preliminary Plan and Final Plat for the Windsor Addition to Century Oaks West. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. ORDINANCE PROHIBITING OPEN BURNING OF LEAVES DENIED Barry Vecchio, 226 Wing Park Blvd.: We have 21 leaf bearing trees and in the past we have always observed the rules set down by the City for the burning of leaves. In deference to those who have a problem with smoke, which I sure can under- stand, I am just hoping that you will consider that Fall comes every year and we don't look forward to raking them, but we will look forward less to raking and bagging them, and then hauling them out to the sidewalk. 403 VOLUME XL1x We are asking that you reconsider not prohibiting the burning of leaves for at least the Fall. Councilwoman Shales: I originally brought this up and-my original proposal was not to ban burning, but to try and cut down at least in half the amount of smoke that is produced at any one time by the citizens of Elgin because the last two years have been pretty dreadful. It is not healthy for any of us let alone those people with lung diseases. My original thought was to perhaps allow one side of Elgin to burn one week, the other side to burn the next week for perhaps 2z months of the Fall. There were people who did not think that would be a workable solution and that the people of Elgin would be able to work with that. How would you feel about restrictions like that. Mr. Vecchio: Personally I would be happy to cooperate with anything where I could go ahead and burn. Councilwoman Shales: From a health standpoint I would prefer no burning, but my real interest is in cutting down the smoke and I think everyone has to admit it has been pretty bad. Councilman Andersen: This problem has surfaced before and the Public Works Department in the past has run some very good figures on it, the last batch of figures came out a couple of years ago. If Public Works collects leaves on the street, if people are kind enough to put them out in the gutter its only going to cost the City, and these are figures from a couple of years ago, $119,200, which is no small piece of change. if everyone puts them in bags its only going to cost us $61,000. Burning only costs us $39,200. Given the health consideration I can understand the emotional turmoil, but they have lived with it the last couple of years and I think they could live with it some more and for $119,000 1 think the citizens of Elgin would be much happier not spending that kind of money. Councilman Hansen: This is at least the second or third time we have addressed this issue and i wish it would go away and I think we should really investigate whether our citizens are willing to pay $4.00 per year to not burn leaves and not bag them, and that is where I stand right now. Bob Feurhaken, 225 Wing Park Blvd.: I share some of the same. problems as Barry. I have written two letters to the Council and its pretty much the same thing that Barry has said. I believe that controlled burning is the only thing that could ever be accepted, and I look at it weighing the benefits against the effects. VOLUME xE I x 404 believe that when you have the burning program and if everyone uses it properly, the City of Elgin benefits in the beauty of the City itself. When they don't burn the leaves are blown all over the City and it's a messy situation. Councilman Hansen, I can appreciate what you are saying when you talk about $4.00 as to whether or not that is worthwhile for the homeowner to pay to have the leaves picked up. If you took that on every item and had to have ever body determine whether or not they wanted to pay the $..00 there are some people who have no leaves who would not wart to and some who have a lot who would. You could go to every item down the line that involves the City and on that basis I could say that I don't play golf, I should'nt be involved with anything in parks. I think you have to look at it as a full benefit to the City itself. Councilwoman Shales: What kind of a controlled burning program would you be willing to participate in. Mr. Feuerhaken: 1 would participate in any program that the City found satisfactory, such as you suggested, eastside, westside, controlled hours, anything that would help us at least in the Fall of the year. Dr. Ben Huie, 151 Brookside Drive: As a professional chemist currently working in air quality and air pollution abatement I have a different prospective for air quality and smog. There are serious health effects to leaf burning. Many people move to outlying cities, such as Elgin, rather than living in Arlington Heights because the air quality here is superior. We should not trample upon the breathing rights of these people. I have received a preliminary opinion that if the air quality here in Elgin does not meet the Federal EPA guidelines, we can find ourselves under mandated programs by the EPA. it is the responsibility of this Council to protect the environmental quality in the city and to protect the health of the servants. Councilman Andersen: Mr. Fred Carlson of our Health Department had some comments regarding the quality of air with respect to total suspended particles. This is the most common pollutant associated with leaf burning affecting the general air quality. The data summaries compare leaf burning months during 1979 through 1981 with comparable months prior to 1979, however, Elgin's annual air quality with respect to total suspended particulate has been within state and federal standards since 1972. 405 VOLUME XLIX It would appear that we are not that unhealthy after all. One of the other considerations is that Elgin's adult population is getting much older. We are now, I think, in excess of 30% coming within the senior citizen catagory and it is labor intensive for those people and extremely difficult for them to get down and bag leaves and then carry them out to the curbing. The bulk of the calls that I have received have been from senior citizens and we can't forget that they are voters also. Roy Gellerman, 312 Slade: I have seen where people push the leaves in the curb, it goes down into the manhole and the first thing you know in the Fall of the year you can't get rid of the water and it must cost a lot of money to send out a man to clean out each one of those manholes. I think that if you control this, such as the eastside and westside and hours, I don't think there would be any problem. I am a senior citizen and I have about 35 trees, can you imagine me trying to get those leaves into a bag. Councilwoman Shales: I would like to move that we table this item and have the staff look into a controlled burning program. Councilman Schmidt: Second. Yeas: Councilmen Hansen, Schmidt and Shales. Nays: Councilmen Andersen, Gilliam and Mayor Verbic. Mayor Verbic: The table fails. Councilman Gilliam: It is my feeling that we have gone through this and I think we worked out a compromise where there is a limited amount of time to burn and it is nice to say that you can go half the city or alternate days, but you are making a law that nobody can enforce, because most people won't know what day it is, what side they are on, I am saying that most people will not read the newspaper to find out what day they are to burn and I think you are making a law that cannot be enforced. Councilwoman Shales: I think you are misjudging the intelligence of most of the people. Councilman Gilliam: It is not a matter of intelligence it's that most people will not pay attention to that type of detail. I guess I am frustrated because I have gone through this for the last three or four years and we always come back to the same thing, a compromise, and it's going to be the same thing again. Mayor Verbic: From my experience there are more and more cities who are banning leaf burning and I think the medical hazards of leaf burning are very apparent to anyone who practices allergy. I think the people here tonight who are not represented are the medical people who are probably cheering the fact that we initially two or three weeks ago stated that we were going to have an ordinance which would ban leaf burning. VOLUME X L I X 4nW6 Now we are changing in the middle of the stream and I like Councilman Gilliam have been involved many times over the years where we have changed and made rules, passed ordinances, all of which have proved to be of no avail as far as accomplishing what we are after. I think that health -wise for the benefit of all the people of Elgin I would opt for this ordinance myself. Councilman Hansen: I don't like all the smoke and smog either, but 1 think that if we are going to ban the burning of leaves then we have to make it possible to dispose of them and I guess I am to the point where 1 have to quote a little saying that 1 made in the last campaign "the government should only do for the people what they can't do for themselves ''. This is something that we can't eliminate without the help of the city financially. If you ban burning it is going to cost $60,000 to pick up the bags. If we ban the burning then we have to assist our citizens and make it possible to ban. voted against a lot of tax increases but this is one item here where I think I would be willing to vote for the cost of picking the leaves up. Councilman Gilliam: We talked about the health hazards, what about the person who has to rake all those leaves. Councilman Hansen: He has to do that anyway. Councilman Gilliam: I will make a motion that we approve the ordinance approving the prohibiting of burning of leaves. Councilman Andersen: I will second that. Councilman Gilliam: I am going to vote against this but I just wanted to put it on as a positive motion. Councilman Hansen: Because we have not enabled the feasible implementation of this ordinance by funding it I am going to vote against it. Yeas: Councilmen Schmidt, Shales and Mayor Verbic. Nays: Councilmen Andersen, Gilliam and Hansen. Councilman Gilliam: I make a motion that we table this for two weeks with the opportunity for the staff to provide some figures on the proposition that Councilman Hansen talked about. Councilman Andersen: How can we table a motion that did not pass. Mayor Verbic: We will have to start all over again and someone voting against it will have to bring it up. Councilman Hansen: I don't have a problem with bringing it up, which I could do next week. 407 VOLUME X L I X ACCEPTANCE OF STORM SEWER ALONG HOLMES ROAD AND NORTH McLEAN BOULEVARD FOR MAINTENANCE BY THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilman Schmidt to approve the acceptance of the aforementioned storm sewer. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilman Schmidt made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLIX Ordinance No. G46 -84 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 intersections under Sec- tion 1 1.28.020 the following: Jewett Street. All vehicles being operated on Jewett Street m, ust stop at Standish Street before crossing or entering the same. 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 by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13, 1984 Passed: August 13, i 984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yuman Marie Yearman, City Clerk RESOLUTION ADOPTED EXPRESSING APPRECIATION TO GLADYS LARSON 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. 409 VOLUME XLIX RESOLUTION EXPRESSING APPRECIATION TO GLADYS LARSON WHEREAS, Gladys Larson has donated 37 years of dedicated service to the residents of Elgin by helping to provide a multitude of services through the Elgin Daily Courier -News; and WHEREAS, Gladys Larson has been involved in the V.I.P. Council of Illinois since shortly after its inception and has coordinated the Elgin efforts for ten years. Under her direction, membership in the Elgin chapter has grown from 17200 members in 1974 to 11,000 today; and WHEREAS, Gladys Larson has been an untiring worker and senior citizen advocate since 1974. She has coordinated numerous programs, including dinners, Christmas programs, shows and entertainment as well as general meetings; and WHEREAS, Gladys Larson organized the V.I.P. Rules of the Road program, aimed at helping senior citizens to prepare for driver's tests. More than 4,000 seniors have graduated from this unique program; and WHEREAS, Gladys Larson has devoted much of her time working with the Elgin Citizens Against Crime, the Elgin Business and Professional Women's Club, the Elgin Women's Republican Club, the Ladies of the Elks, is an honorary member of the Valley Bells., has chaired the National Business Women's Week activities, and received service awards from the United Way and Elgin Civic Association. Further, in 1975 she received the first Fox Valley Kiwanis Club Distinquished Service Award, and in 1977 was named the Altrusa Woman of the Year. She also found time to serve on the steering committee for Elgin's bicentennial activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its sincere appreciation on behalf of itself and the residents of the City of Elgin to Gladys Larson. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13, 1984 Adopted: August 13, 1 984 Vote: Yeas b Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk VOLUME XLIX 410 ORDINANCE ESTABLISHING AN EARLY RET I REiiENT PRuURAM WITH LIMITED ENROLLMENT PERIOD Councilman Andersen: Why not continue this policy or have an ongoing program. What is the advantage to the City to have a limited enrollment. It is my opinion that you force certain people to make a decision, which given the benefit of an extended period of time they may not wisely do. What are the advantages of limiting the enrollment period. Robert Malm: The concept that was explained to the City Council within the last month or so was that the limited enrollment feature would actually be a test to see whether or not the figures that we have generated and estimated are really in fact true. We showed a substantial benefit to the City in terms of an early retirement program, in terms of a dollar savings. think that before we want to have this as an ongoing program we wanted a test so that we could verify that the program is a success as we described it to you. Councilman Andersen: I can see your point however, this is an ordinance and once an ordinance is on the books it comes off awfully hard. Mr. Malm: I think we would re- evaluate the program once it is in place and then perhaps extend another enrollment period in the future, if it is as we described to you. This would'nt mean that this is the only time for ever and ever, but certainly it would be a time until we could evaluate it. Councilman Andersen: You know an early retirement program either has validity or it doesn't have. There are thousands of corporations who have early retirement programs and there are studies which have proven the validity of such programs and I don't think the City of Elgin has to go into a test program. Early retirement is great but don't limit the enrollment period that is the only problem I have. As time goes on and if it is not working out your can always pass another ordinance replealing the early retirement program, but I am very against putting a time limit on it. Councilman Hansen: I would entertain an amendment to this ordinance that would eliminate the temporary nature of it. Counsel jentsch: It would be pretty difficult to amend the ordinance by voice vote. Councilman Hansen: Why don't I make a motion that we table this and direct the Corporation Counsel to re —draw the ordinance to 411 VOLUME XLIX have it eliminate the temporary enrollment period and to include the early retirement for those employees under 60 years of age with 20 years of employment with the City. Councilmen Andersen: I will second that motion. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. RESOLUTION ADOPTED APPOINTING JACK HUBBARD AS A MEMBER OF THE PARK AND RECLAMATION COMMISSION Councilwoman Shales made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLIX 412 RESOLUTION APPOINTING JACK HUBBARD AS A MEMBER OF THE PARK AND RECLAMATION COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jack Hubbard be and is hereby appointed as a member of the Park and Reclamation Commission for a term to expire May 5, 1986. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13 19$4 Adopted: Au ust 13, 19$4 Vote: Yeas Nays 0 Recorded: A� tt(ej st: "cv, . s/ Marie Year n Marie Yearman, City Clerk RESOLUTION ADOPTED SUPPORTING THE WIDENING OF ROUTE 31 BETWEEN THE CITY OF ELGIN AND VILLAGE OF WEST DUNDEE Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 413 VOLUME XLIX RESOLUTION SUPPORTING THE WIDENING OF ROUTE 31 BETWEEN THE CITY OF ELGIN AND VILLAGE OF WEST DUNDEE WHEREAS, a section of Illinois State Route 31 is a two lane north -south highway between the City of Elgin and the Village of West Dundee; and WHEREAS, said section of Route 31 is a major thoroughfare between the City of Elgin and the Village of West Dundee traveled by an estimated 20,000 vehicles a day including passenger cars and trucks; and WHEREAS, the area surrounding said section of Route 31 is and will continue to experience continued development and expansion including, but not limited to the Elgin -- O'Hare Business Center; and WHEREAS, the aforementioned development and expansion will cause increased traffic volume, increased burdens on the above described section of Route 31; and WHEREAS, failure to improve and widen said section of Route 31 will inhibit said development and expansion causing a loss of jobs and income to the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFELGIN, ILLINOIS: Section 1. That it is necessary and desirable that the section of Illinois State Route 31 between the City of Elgin and the Village of West Dundee be improved and widened from a two lane to :a four lane highway. Section 2. That the City of Elgin supports and encourages said widening of Route 31 to facilitate current and future development and expansion in the Elgin- -West Dundee corridor. Section 3. That the City of Elgin calls upon the State of Illinois and the 11.1inois Department of Transportation to cause said widening to be constructed at the earliest possible date. Section 4. That the City of Elgin promises to work .and cooperate with surrounding communities, civic and business organizations and the State of Illinois to achieve said widening. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX 414 Presented: August 13, 1984 Adopted: August 13, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year m rr Marie Yearman, City Clerk RESOLUTION ADOPTED DETERMINING M. CE AREA NUMBER TWO CITY OF ELGIN TO BE RAISED BY TAXATION UPON TAXABLE Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Schmidt, Shales and .Mayor Verbic. Nays_ Councilman Hansen. 415 VOLUME XLIX RESOLUTION DETERMINING THAT AMOUNTS OF MONEY ESTIMATED TO BE NECESSARY BY SPECIAL SERVICE AREA NUMBER TWO, CITY OF ELGIN TO BE RAISED BY TAXATION UPON TAXABLE PROPERTY IN SPECIAL SERVICE AREA NUMBER TWO WHEREAS, the Truth in Taxation Act, 111. Rev. Stat., 1981, Ch. 120, par, 861, et seq., provides that if the ad valorem property tax levy for the current year is estimated to exceed 105% of the extension of ad valorem property tax for the prior year a public hearing shall be held after notice in the manner required by the Act; and WHEREAS, Special Service Area Number Two, City of Elgin, is a taxing district within the meaning of the Truth in Taxation Act of 1981; and WHEREAS, the City Council of the City of Elgin is the governing body of Special Service Area Number Two; and WHEREAS, the City Council of the City of Elgin has reviewed the 1983 ad valorem property tax levy as extended and the 1984 property tax as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: I. That it hereby finds and determines that the 1983 ad valorem property tax levy as extended was $151,518 against taxable property in Special Service Area Number Two. 2. That it hereby finds and determines that the amount of money extended estimated to be necessary to be raised by taxation upon taxable property in Special Service Area Number Two for the year 1984 is $202,020 and that said amount in in excess of 105° of the amount extended upon the levy for 1983. 3. That pursuant to the provisions of the Truth in Taxation Act there shall be a public hearing on the estimated tax levy of $202,020 for Special Service Area Number Two on. August 27, 1984 at 8:00 p.m. in the City Council Chambers located at 150 Dexter Court, Elgin, Illinois. 4. That the City Clerk of the City of Elgin is hereby directed to publish notice of said public hearing in the manner prescribed by the Truth in Taxation Act. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13, 1984 Adopted: August 13, 1984 Vote: Yeas 5 Nays 1 Recorded: Attest: wl� s/ Marie Ye rman Marie Yearman, City Clerk VOLUME XLIX 416 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS General Motors United Diesel Tessendorf Mechanical Elgin Broadcasting Laura Brunsch6n 941 Ford Avenue $2,248.16 Misc. parts for RTA buses. $2,033.62 Replacement transmission for Sanitation Truck #276. $1,998.00 Repairs to air conditioner in computer room. $1,713.00 Advertising Flea Market Event and Brown Bag Concerts. $5,210.51 Residential Rebate Program Councilman Gilliam made a motion, seconded by Councilman Andersen to approve the aforementioned payments. Yeas; Cou.ncilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. RESOLUTION ADOPTED DETERMING THAT AMOUNTS OF MONEY ESTIMATED TO BE NECESSARY TO BE RAISED BY TAXATION UPON TAXABLE PROPERTY IN THE CITY OF ELGIN 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. 417 VOLUME XLIX 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 Trust in Taxation Act provides that if the ad valorem 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 proposed 1984 tax levy is less than 105% of the 1983 property tax levy as extended; and WHEREAS, the City Council of the City of Elgin has reviewed the 1983 property tax levy as extended and the 1984 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 1983 ad valorem property tax levy excluding debt services as extended was $5,910,876 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 ad valorem taxation upon taxable property in the City of Elgin excluding debt service for the year 1984 is $6,200,561. 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 1984 is not in excess of 105% of the amount of ad valorem property tax extended for the year 1983 against taxable property in the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13, 1984 Adopted: August 13; 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s! Marie Year Mn Marie Yearman, City Clerk RESOLUTION ADOPTED CONCURRING IN THE AWARD OF THE WING STREET PROJECT 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. VOLUME XLIX 418 RESOLUTION CONCURRING IN THE AWARD OF THE WING STREET PROJECT WHEREAS, the City of Elgin has entered into an Agreement with the Department of Transportation, State of Illinois, for the improvement of Wing Street from Illnois Route 31 to Weston avenue designated as MFT Section 83- 00126- 00 -RS, State Section 1 983- 060 -RS, FAU Project M- 5293(14); and WHEREAS, pursuant to this agreement, the Department of Transportation accepted bids for this project on August 3, 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY'COUNCI! OF THE CITY OF ELGIN; ILL INOIS, that the City of Elgin concurs with the Department of Transportation, State of Illinois in the award of this contract to the low bidder, E. M. Mel.ahn Construc- tion Company of Algonquin in the amount of $620,185.93. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13, 1984 Adopted: August 13, 1984 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Yeman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH WEAVER & ASSOCIATES FOR THE HISTORIC DISTRICT SIGNS 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. 419 VOLUME XLIX RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH WEAVER & ASSOCIATES FOR THE HISTORIC DISTRICT SIGNS WHEREAS, the City of Elgin has heretofore entered into a contract with Weaver & Associates for the Historic District Signs; 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 Robert O. Maim, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13, 1984 Adopted: August 13, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye4rman ;Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen; Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME X L I X x+20 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY WHEREAS, the City of Elgin, a municipal corporation, is the owner of the following described real property: Lot 368 of Unit No. 10 of Lord's Park Manor, Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. Lot 369 of Unit No. 10 of Lord's Park Manor, Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. Lot 370 in Unit No. 10 of Lord's Park Manor Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois.. Lot 371 of Unit No. 10 of Lord's Park Manor Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. which property is generally located at 1083 Hiawatha Drive, 1097 Hiawatha Drive, 1098 Iroquois Drive and 1084 Iroquois Drive, Elgin, Cook County, Illinois. WHEREAS, the City Council hereby determines that it is no longer necessary, 13 \= appropriate or in the best interest of the City of Elgin that it retain title to said real estate and that said real estate is not required for the use of or profitable to the City of Elgin; and WHEREAS, Section 11-76-2 of the Illinois Municipal Code authorizes the corporate authorities of a city to sell real property which is no longer necessary or useful to the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Clerk be and is hereby authorized and directed to cause a notice of the proposed sale of the above described property to be published in the Daily Courier -News for three (3) consecutive weeks. Said notice shall be in substantially the following form: "NOTICE OF SALE OF PROPERTY OWNED BY THE CITY OF ELGIN AND INVITATION TO BID THEREON Please take notice that the City Council of the City of Elgin will receive sealed bids for the purchase, under the successful bid, of the fee simple interest in the following described real property: Lot 368 of Unit No. 10 of Lord's Park Manor, Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. Lot 369 of Unit No. 10 of Lord's Park Manor, Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. 421 VOLUME XLIX Lot 370 in Unit No. 10 of Lord's Park Manor Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. Lot 371 of Unit No. 10 of Lord's Park Manor Northwest Quarter Section 07, Township 41 North Range 9 East; Third Principal Meridian, Elgin, Cook County, Illinois. which property is generally located at 1083 Hiawatha Drive, 1097 Hiawatha Drive, 1098 Iroquois Drive and 1084 Iroquois Drive, Elgin, Cook County, Illinois. Bids for the purchase of the aforesaid interest in the above described property are hereby invited and will be received by the City Clerk at the Municipal Building, 150 Dexter Court, Elgin, Illinois 60120 between the hours of 8:00 a.m. and 5:00 p.m. until 8:00 p.m. on the date specified below for the opening of bids. Said proposal shall be addressed to: City Council, City of Elgin c/o City Clerk 150 Dexter Court Elgin, IL 60120 and shall bear the legend 'PROPOSAL-SALE OF 1083 Hiawatha Drive; 1097 Hiawatha Drive; 1.098 Iroquois Drive or 1084 Iroquois Drive' and the name and address of the bidder. All bids received will be publicly opened and read aloud at the regular meeting of the City Council of the Cit of Elgin at 8:00 p.m. on September 24, 1984. No bid less than 21,000 per lot shall be accepted. A contract may be awarded to the highest bidder whose bid is found to be in the best interest of the City of Elgin. The City Council reserves the right to reject any and all bids and to waive any informalities or irregularities in the bidding. The City Council further reserves the right to review and study any and all bids and to make a contract awarded within thirty (30) days after the bids have been opened and publicly read. Copies of the bidding document may be obtained at the Office of the City Clerk. s_/ Marie yearman it City Clerk s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX Presented: August 1.3, 1984 Adopted: August 13, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Years an Marie Yearman, City Clerk x+22 RESOLUTION ADOPTED AGREEING TO AN EXTENSION OF THE TERMS OF THE MEMORANDUM OF AGREEMENT DATED APRIL 14, 1983, BETWEEN THE CITY OF ELGIN AND UNIVERSAL CHEMICAL AND COATINGS Councilman Hansen made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. 4 �3 VOLUME X L I X RESOLUTION AGREEING TO AN EXTENSION OF THE TERMS OF THE MEMORANDUM OF AGREEMENT DATED APRIL 14, 1983, BETWEEN THE CITY OF ELGIN AND UNIVERSAL CHEMICAL AND COATINGS, INC. WHEREAS, pursuant to a resolution entitled "A Resolution Authorizing the Execution of a Memorandum of Agreement (Universal Chemical and Coatings, Inc. Project)," the City of Elgin has entered into a Memorandum of Agreement dated April 141 1983 (the "Agreement "), with Universal Chemical and Coatings, Inc. (the 'Borrower "); and WHEREAS, the Borrower has requested that the City of Elgin extend the time set forth in the Agreement within which to agree upon mutually acceptable terms and conditions relating to the issuance of the Bonds as defined therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City does hereby agree to extend the time set forth in paragraph 4 of the Agreement within which to agree upon mutually acceptable terms and conditions relating to the issuance of the Bonds, as defined therein, to September 15 1984. J. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13, 1984 .Adopted: August 13, 1984 Vote: Yeas. 6 Nays 0 Recorded: Attest: s/ Marie yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FORM OF OFFICIAL E Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. VOLUME XLIX 424 RESOLUTION APPROVING FORM OF OFFICIAL STATEMENT FOR SALE OF $15,925,000 CORPORATE PURPOSE BONDS, SERIES 1984 WHEREAS, the City of Elgin intends to sell $119251000 Corporate Purpose Bonds, Series 1 984; and WHEREAS, Speer Financial, Inc. has prepared a proposed form of official statement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the official statement prepared by Speer Financial, Inc., a copy of which is attached hereto, be and is hereby approved. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 13, 1984 Adopted. AU a s t 13, 1984 Vote: Yeas Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk 425 VOLUME XLIX REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report for July, 1984 Building Report for July, 1984 Public Property & Recreation Board Minutes 7/24/84 City Traffic Committee Minutes 7/13/84 Councilman Gilliam made a motion, seconded by Councilman Schmidt to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Schmidt to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt Shales and Mayor Verbic. Nays: None. The meeting was adjourned at 10:25 p.m. arse Yearmany City Clerk VOLUME XLIX August 27, 1984 426 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 27, 1984 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 Andersen. R01 1 CAI 1 Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman and members of staff. COMMUNICATIONS Request from Judson College Student Senate to have two bonfires in Se tem er on their campus. Councilman Schmidt made a motion, seconded by Councilman Gilliam to grant permission to Judson College to have two bonfire events on their campus, one on September 4th and one on September 28th. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays, None. Presentation of donation by the Elgin Softball Association Mr. Jack Dahlman and Mr. Kenneth R. Volkening, Co- Chairman of the Elgin Softball Association made the following presentation. Jack Dahlman: .I would like to present to you a check for $40,000 from our current fund raising raffle. This is a token of our commitment to the softball complex. The softball players of Elgin appreciate your past and continued commitment to this project and we will continue with additional fund railings and volunteerism in hopes of playing on these fields in the summer of 1985. Mayor Verbic: Thank you very much. It takes people like these two members who represent the Softball Association, who are three thousand members strong, showing what they are interested in by their contribution and the work that they did to get this $40,000 contribution. I wish you would convey to the members of the Softball Association 1 that we are extremely happy with what they have done. I know they have an ongoing project hoping to raise another $20,000 and its a group like this that is really dedicated to the future of Elgin. On behalf of the City Council and myself I would like to thank you as representatives of the Softball Association. 427 VOLi;EiE nLln Ken Brown - 558 Miller Drive The problem that some of us have had is will the softball diamonds, which undoubtedly are the best in Northern Illinois, run beyond 10 700 or 10:30 at night, along with amplification that would probably go with it. There is a second problem that has surfaced right now that is of major importance in that with the snowfall of several years ago the fences that border on Route 20 nolonger are fences, indeed they are piles of junk and we have preschoolers playing on the Route 20 By -Pass. With the ballfields we can imagine people parking along the Sunset Park area rather than coming up to one measly exit that they apparently think is going to take care of all the traffic according to the traffic survey engineer that they had for that. What we would like to do are several things. One of them is to have a cut off date for the lighting and amplification, after a certain period of time, say 10 :00 or 10 :30, at least during the weekdays when most of us have to go to work. The second thing is a more immediate thing is to get the fences along Route 20 fixed so that no body is killed or hurt. In the next year or so there is going to be Halley's Comet coming and on behalf of some of the local astronomy clubs I have been asked to see whether or not there could be a possibility of the reduction of some of the lights in the City during the period of increased comet activity since most of us won't be around when this comet comes around the next time. Mayor Verbic: I am sure we can direct the staff to look into the State Highway fencing and I appreciate your concern. BID AWARDED FOR VETERINARY SERVICES Councilman Gilliam: Since I made the motion at the last meeting to table this bid in order that we could view the Animal Shelter, and Councilman Schmidt and I did go out there and observe it, but in making a response to a statement by Councilman Hansen that we should award the low bid and if we start to violate that process think we would disrupt the whole bidding process and with that I think we should go along with the low bid in order to continue our practice and therefore 1 would make a motion to award the bid to the low bidder. Councilwoman Shales: Does that include the extra years, the two additional years or just the one year. Councilman Hansen: To get the motion on the table l will second it. VOLUME XLIX 428 Councilwoman Shales: I would like to clarify this, it says the base period is November 1, 1984 to October 31., 1986, and two additional years at a cost of 5.00 per dog for the period November 1, 1986 to October 31, 19$ $4Did you wish to include all of that in your motion. Councilman Gilliam: I would not want to tie this up for four years. I do not want four years and I am willing to discuss one or two years, two years is fine. Councilman Hansen: My second will go along with that Bob. Mayor Verbic: In other words your motion is to award the contract for a two -year period. Councilman Gilliam: yes. Dr. Ronald Rocke of the Animal Hospital of Elgin: Because of the indecision at the last meeting I thought it well to present myself and some of the reasons why I feel that you should accept my bid. Number one I did have the lowest bid. Number two 1 bid on all five years on the contract as requested in the proposal. 1 included a certificate of insurance as requested. l made no exceptions in the bid proposal and I have made no attempts to modify or alter that bid since it was a sealed bid. I currently have the contract with the City of Elgin and I have had it for four and one -half years. I have provided service in a more than satisfactory manner for that period of time. There have been no complaints from the Elgin Police Department or from any of the City personnel. am properly licensed with the State of Illinois. Approximately 10 to 20% of the dogs which are brought in have some type of illness or injury. I feel it is wise for a veterinarian to be on the premises to make the decision whether an animal is ill enough to be treated or whether it is ill enough to be destroyed, or whether the illness can wait until the owner, if there is an owner, can be contacted. The City of Elgin benefits directly from the property tax that I pay at the Animal Hospital of Elgin. The Purchasing Department has recommended that you accept my bid and for these reasons I would urge you to accept the bid that I proposed to you. Leslie Smith, Director of Anderson Animal Shelter: As you know our bids were equal excluding the mileage and we are talking about pennies there. There is an emotional factor here, people do want their dogs to go to the best facilities and most important to get a second chance. We can give them that second chance to be adopted. 429 VOLUME XLIX Herb Born, 212 Perry St.: I happen to be one of the many people from Elgin who helped establish the Shelter. We feel that we offer the opportunity for the animals to go on and this is probably one of the things that is most important, the opportunity for the animal to be adopted and live on. Mary Shallow, 432 S. Liberty: I recently received a puppy from the Animal Shelter and I am happy that I was able to give this dog a second chance. I hope that all of you realize the importance of giving that second chance. Councilman Hansen: I am going to vote for this motion because we have a tradition of voting and awarding the bids to the low bidders,. especially in view of the fact that the low bidder is an Elgin business and I think that if we start tampering with the bidding procedure we are going to be in deep troubles. Councilman Waters: I am going to have to vote against this motion. am personnaly convinced that we are talking about a different kind of service being provided and I think the case has been very well made by the presenters tonight. I understand the bid process, I understand the dilemma that has been presented to the Council, but I personally feel that we are talking a different kind of service and I am convinced that the Anderson Animal Shelter is preferable for me. Mayor Verbic: I stated several weeks ago that I concurred with Anderson Animal Shelter and I agree with Councilman waters that we are talking about a different type of contract here, which means a lot where animals are concerned. I feel very strongly from my observation and dealings with the Anderson Animal Shelter, like their concepts, I liked what I heard and I know from previous experience that what has been stated tonight is exactly what has happened in the past. Councilwoman Shales: I think the most logical place to care for animals is the Animal Shelter. I think it is unfortunate that we have only the money to evaluate this bid by. I would suggest that in the future we use more than money in a bid process like this. Councilman Gilliam: I think the law states the lowest qualified bid so that is taken into consideration. Councilman Waters: The point is being made that this decision is being made on a financial comparison and what Councilman Shales is suggesting and what I am suggesting is that we are talking about two different kinds of service and unfortunately those two kinds of services are being compared as one on the same financial basis. VOLUME XLIX Councilman Andersen: There is addressed and that is running a limits of Elgin to deliver the vehicles belong within the city jeopardize them moving them out has been frowned upon since day 430 one other aspect that no one has city vehicle out of the city animal to South Elgin. Our city limits of Elgin and to further of the city limits periodically one. In addition to the Animal Control Officer being out of the city with the city vehicle the difference in mileage is also there and I would just have to go along with the lowest bidder. Mayor Verbic: 1 would like to call for the vote. Yeas: Councilmen Andersen,, Gilliam, Hansen, Schmidt. Nays: Councilmen Shales, Waters and Mayor Verbic. BID AWARDED FOR STREET LIGHTS AND POLES Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid for street lights and poles to the low bidder, Fox Electric Supply Company, for a total amount of $8,803.98. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR 1984 M.F.T. RESURFACING \ Councilman Hansen made a motion, seconded by Councilman Gilliam to award the bid for the 1984 M.F.T. Resurfacing to the low bidder, Giertz- Mehahn Asphalt Company, for a total amount of $434,881.80. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR CENTRAL BUSINESS DISTRICT PARKING LOT MODIFICATIONS Councilman Waters made a motion, seconded by Councilwoman Shales to award the bid for the parking lot modifications to the low bidder, Illinois Hydraulic of Elgin, for a total amount of $46 :248.75. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. BID AWARDED FOR WATERMAIN FOR SOFTBALL COMPLEX Mayor Verbic: As we discussed in the Committee of the Whole Meeting our Purchasing Agent is going to check with the low bidder to see if he confirms the cost of Item 5 (Three 4E Diameter Manhole w /Frame - $360.00), where he apparently he is far below the other bidders. 431 VOLUME XLIX I would like to address a question to the Corporation Counsel. Can we award this bid to the low bidder and if he does not meet the specifications of Item 5 then the second low bidder would receive the bid. Counsel Jentsch: Well, in two weeks I would ratify whatever the Purchasing Department tells you turned out to be the case, because when you leave here today nobody is going to know what bid was approved. I understand what you are saying that you are awarding to the apparent low bidder subject to his confir- mation of the questionable price and if he does not confirm it then we go to the next low bidder. What I am concerned about is that at some time the record shows that the City Council did approve a particular bid. If in two weeks the Purchasing Agent could return and tell you what the results of your direction a re . Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for the watermain for the softball complex to the low bidder, Ziebell Water Service, for a total amount of $14,418.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. PUBLIC HEARING ON THE ESTIMATED TAX LEVY FOR SPECIAL SERVICE AREA NUMBER TWO James Bolerjack: The purpose of this public hearing is to discuss the projected property tax which would be increased from $150,000 to $200,0.0, which is a 3.3% increase. The primary reason for this is the debt service. For the past two years we have been able to abate a portion of this from bond issues. One of the major problems that we had was the bonds that are to be approved this evening that there was some question on this, if we did'nt continue with this for at least the present time, until a later date, until after the monies became available. There is some question and it puts the bond issue that we currently have in suspect because basically for the past several years and also this year we had included in the debt, the general obligation debt, stating that the amount to be paid from property taxes was $8,920,000. If the financing is not provided for this then it would increase the amount of debt to be paid from property taxes, it would increase it 28% to $11,420,000. So at lease for the time being I would certainly recommend that the tax levy be established at $200,000. At a later date when the parking and the other things are being considered, of course then this can be reconsidered by the Council. We will get delivery of the money on these bonds hopefully by the first week in October. We know we need the money by October 12th for the Elgin O'Hare Business Center. VOLUME XLIX 432 Councilman Hansen: I would like to ask Mr. Bolerjack if he has checked with Bond Counsel and if they have in fact stated that this would impinge the credibility of the City. Mr. Bolerjack: As a matter of fact I discussed this today and at the bid opening that we had on these bonds and there was just one question that the timing is very bad to change the numbers that you are replacing, particulary when you are increasing the debt to be paid from taxes by 28%. Councilman Hansen: Don't they take into consideration that we are fiscally sound and financially solid. Mr. Bolerjack: No, it is beyond that it is what you have told the bond buyers. In other words you got this on the street, you are bidding it on that basis. Now it says that it can be, at some future time, changed. So it is not locked in concrete at this point, but its just a question and the problem is that you would not want to get to the bond sale, or get near it, and then someone say hey you have to cancel the bond issue and this has happened to the city in the past, on one occasion at least. Mayor Verbic: Corporation Counsel do you feel that we are protecting our bond indebtedness by following this procedure that Mr. Bolerjack just talked about. Counsel Jentsch: Insofar as there may be a question, I'm not sure it is a serious question, but if there is a question obviously it is prudent not to invite that question to be raised. I would remind you that all you are holding is a public hearing tonight, you are not leving any taxes. All you are doing tonight is addressing the proposed budget for the Special Service Area Number Two, because the law says that it is proposed that it is in excess of 105% of last year's budget and you must have a public hearing. All you are hearing tonight is why there is a possibility of a tax in excess of 105% of last year's levy and hearing anybody who has any interest in that, and at a later date using that information to extend the taxes by way of a levy. That would not happen until the second Monday of September Council meeting. So these other considerations are really not relevant to what you are doing tonight. Councilman Hansen: I would like to enter one more observation into the record at least and that is that this year you are still using $175,000 left in the construction fund. Mr. Bolerjack: We were still leaving $70,000 that is contributing to this yes. $70,000 for 1984 right. 433 VOLUME XLIX Councilman Hansen: So really the full impact of the shortfall will not be seen until next year. Mr. Bolerjack: And that is when we will be getting the money that we are talking about tonight. We will not get $200,000 this year, so we will be only getting $150,000 this year. Councilman Hansen: But the $200,000 will not really cover the shortfall in the operation of the structure. Mr. Bolerjack: That is correct, it will not. Councilman Hansen: So the pigeons have come home to roost. Mr. Bolerjack: Correct. Councilman Andersen: If the timing of this is off and we do it after the bonds have been sold could they not later accuse us of bad faith in doing something afterwards that we knew all along was going to happen or was contemplated. Mr. Bolerjack: I did discuss that with Bond Counsel and he did`nt see any problem at a later point. It was just in the process of while you are getting the money because first of all you have to sign off saying the facts that are stated here are still true and if you are changing things in the meantime that becomes the question, but later on then there is no problem. Councilman Andersen: How much later is later on. Mr. Bolerjack: After you get the money. Gunnar Carlson: I wish to take this opportunity to commend you for considering the righting of a grievous wrong against a group of taxpayers of the City of Elgin, namely, the property owners in Service Area Number Two of the City. The Service Area Two taxing district was established in 1977 for the purpose of financing what has now become known as the Spring Street. Parking Deck. The world will little note nor long remember what you say and do here tonight, but the oppressed few taxpayers in this district will be ever grateful if you lift the burden from their shoulders and spread it over the properties of the entire city, as has been proposed. VOLUME XLIX 434 It is my belief that a project conceived and completed under one set of expected circumstances and considitions can and may be changed by those responsible at a later date, if there are major changes and conditions. That is not a reason for condemning or accusing those previously in charge for acting in good faith on erroneous forecasts, or failing to anticipate negatively changing conditions for the entire concept. It is my hope and prayer that you are considering this action in a calm manner that will be a credit to the conscience of Elgin. Many dams have flowed over the water- resistant table of the City Council, and pounds and pounds of reading material given to you in the last year I know, but I was suprised to discover two eeks ago that you scarcely remembered the letter and review that I delivered to each of you at your home and to the City Manager's secretary. A copy was also furnished to the radio station and to the Daily Courier News. In that presentation recommended the abolishment of the Service Area Two Taxing District and obtaining the requirements for meeting the financial needs of the facility by general taxation. The City has taken a number of steps during recent months to attempt to help businesses in the area to facilitate the movement and parking for patrons in the area. Most of these actions tend to reduce revenues of the Spring Street Parking Facility which had been planned. In addition, the First National Bank of Elgin, The First Federal Savings & Loan Association, and Elgin Federal Financial Center of Elgin have recently constructed on the outskirts of Elgin substantial facilities for their patrons. This was done for sound business reasons by their very capable boards of directors, members of which are prominent and respected businessmen in Elgin. The very concept under the law is that a special levy of taxes for a special service must result in benefits to the payer of such. Following is a condition where this is not true. At the $4.00 per hundred of assessed valuation rate that is now necessary and proposed, The Illinois Bell Telephone Company will be paying $30,000 a year on the levy of Service Area Two. Right now there is absolutely nothing that a subscriber of the Bell Company could do at its front door on Chicago Street. :z c� VULUf"tE X ALI I have confirmed this. About a week ago our neighbor found that her telephone was not working and she could not find a neighbor home so she drove to the company to report her phone was out of order. She had to spend 25� to use the pay telephone in front of the building to talk to someone on the inside of the .building. It is not even possible to pay a bill there. As the saying goes, I could go on and on. I respectfully beseech the Council to consider these facts and make the levy formerly made on the Service Area Two property owners against all property in the entire City of Elgin. i do have some questions about Mr. Bolerjack's definition of bonds. I understand that these bonds that are having to be retired are general levy bonds of the City and they were scheduled to be paid by taxes. its obvious that they are not expected to be paid by excess revenues from the parking lot. Ernest Akemann: Five of the present Board Members were not members of the Board when this matter went through and I don't know if they have iinvestigated'it enough to know why some of us now are coming forward to make these objections to it and ask that it be eliminated entirely. The original Carl Walker report to you suggested that the Area Two was sufficient to raise $25,00:0 per -year. Now for the seven years that this matter has gone on that would mean that Area Two payers would have paid $175,000. They will in fact have paid through this year $780,000. The schedule that was printed in the Courier News, which was given to you Mr. Mayor at your request from Mr. Nelson suggested a rate that would now be in the neighborhood of $325.00, .325 not 4. on this the seventh year. We have at this seventh year just made the first payment of principal on that bonded indebted- ness. I don't think that there is any question that if this matter continues these payers in Area Two will not pay 100% of what was suggested in that schedule, they will not pay 200 %, they will not pay 300%, they will pay in excess of 500% of the amount of money set forth in that schedule in the Courier News. I hope that this sort of a thing keeps those of you to take an interest in this matter and not at this time to increase the levy but to at least hold it no larger than it presently is. Councilman Hansen: Mr. Mayor, I think this so clearly proves as Mr. Akemann pointed out that you can come to any conclusion that you wanted to and I think that is clearly demonstrated in this Carl Walker study which I have read and it does not make sense in today's reality and situation. VOLUME XLIX 436 I would like to make a commitment that when Mr. Bolerjack says the time is appropriate that we have to give these people some relief, I have always said that. It certainly has not enhanced the value of their property because our Assessor is telling us otherwise, the assessed valuation is going down. So in October I would be in favor of discussing this and maybe doing better than holding the present amount. I think it should be reduced and really abolished. It's a benefit to the general taxpayers of the City of Elgin and you can't deny that, it's just the way it came down. Councilman Waters: if there are no other public comments I would move that we adjourn this public hearing. Councilman Gilliam: Second. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING REGARDING THE PROPOSED ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR UNIVERSAL CHEMICAL AND COATINGS INC. Counsel Jentsch: By federal law you are required to hold public hearings prior to the sale of the industrial development revenue bonds. There are representatives of the applicant here and I would suggest that one of them could briefly summarize the nature and purpose of the financing by the city and then you could open it up to anyone who might have an interest. Richard Wexler: 1 am an attorney from the City of Chicago and l represent Universal Chemical and Coatings and to conform to the law which the City attorney made reference to Wayne McWhorter the Vice President of Universal Chemical is here to described the project for you and for the record. Wayne McWhorter: The funds from this bond issue will be used in constructing a facility that is located just west of McLean Boulevard on Fox Lane. The structure will be roughly 50,000 square feet and will house the corporate offices, research and development laboratories and provide some production facilities for our business. We will be moving our corporate offices into this building from Elk Grove Village and we will employ approxi- mately 30 people initially. Richard Wexler: I might note for the record that the City of Elgin has heretofore approved the necessary resolution and executed the necessary memorandum of agreement and has prior to that adopted the necessary zoning to permit our use on that property. The amount of the issue if $4,000,000. VOLVE,iL -%L- jn Counsel Jentsch: We expect to present the ordinance to you on September 10th. Councilman Waters: I would express best wishes to Universal Chemical & Coatings and move that this public hearing be adjourned. Councilman Hansen: Second ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN OPEN SALES LOT AT 1358 DUNDEE AVE. Roger Dahlstrom: As you will recall Petition 14 -814 has come before the City Council in the past requesting a special use for an open sales lot at 1358 Dundee Avenue. It was tabled following a presentation by the staff prompted by complaints about Dundee Avenue and the state of some of the development on Dundee Avenue and the Council indicated that they would like the staff to talk with the petitioner to see what could be done to improve the site plan. We have done that, we contacted Mr. Healy and went over the development of the site plan with him. The present plan meets all present code requirements and in order to function as an open sales lot we believe that this plan is probably as good a plan as you are going to get for that type of use. I would remind the Council that this is a special use and your decision could still be to deny it based on your feeling that it is inconsistent with special use standards. The real decision is do you want additional open sales lots on Dundee Avenue. Mayor Verbic: I am afraid that we are allowing these open sales lots on Dundee Avenue and it won't be long before it could look like the South Grove Avenue area where a lot of these car lots used to be. I am also interested in the current status of the existing problems along Dundee Avenue. Roger Dahlstrom: The Bureau of Inspection Services and the Legal Department are pursuing that matter through the proper legal channels.. Councilman Schmidt: I think the ,Mayor is also referring -to the Tim Bates' lot that we rezoned on Keep Avenue which was not developed but a for sale sign put up on the lot. Mayor Verbic: The sign was put up the day after the zoning was approved. { think the Council has to address whether or not we do have enough used car sales lots on Dundee Avenue. VOLUME xLIx 438 Councilman Gilliam: if we deny this what happens to the property. Roger Dahlstrom: I would assume that it would remain in its present state, it is not necessarily in good condition. Councilman Gilliam: My concerns are, one, do we want more used car lots on Dundee Avenue, but then we also have to weigh that if we don't improve it then it stays the way it is. Councilman Schmidt: What is the progress on the cleaning up of Dundee Avenue. Roger Dahlstrom: We have completed the three informational studies. We have gone out and talked with every business owner, and had them fill out a brief questionaire. Building surveys have been completed. We have worked with Elgin State Bank, who we recognize as one of the anchors in the corridor, to have a public meeting to bring everyone up to date on precisely what the problems are, how they can orient themselves and where there are some positive influences which we might build on, that will be a multi - medium presentation at the Elgin State Bank on September 6th at 7 :00 p.m. You will all receive invitations along with all the business owners on Dundee Avenue. The petitioner still wishes to develop the property as indicated. Mayor Verbic: Of course the same thing can happen that did with the previous one where they did'nt follow through on any of the improvements that they were supposed to do. Councilman Waters: It is not possible to establish those conditions prior to the actual approval of the opening of the lot. Counsel Jentsch: The special use ordinance would provide that if granted it was subject to those conditions. Councilman Waters: If we were to approve this tonight are we in a position to enforce the completion of those conditions prior to his putting the first car on the lot for sale. Councilman Schmidt: Is there a time limit in which he has to have this done. Roger Dahlstrom: It should be done before occumpancy. The permit should not be issued until all the conditions are met. Councilman Schmidt: Is the petitioner going to be the one selling the cars or is he going to sub -lease it. Roger Dahlstrom: It is our understanding that he is going to be the operator. 439 VOLUME XLIX Mayor Verbic: I remember the last one we did over on Dundee Avenue, which is a little bit north of this present one and before the ordinance was passed there were automobiles on the lot. Roger Dahlstrom: That petitioner not only did not follow the special use standards associated with that development, but ignored the necessity for an occupancy permit. Mayor Verbic: What are you going to do about him at this point. Roger Dahlstrom: The Bureau of Inspection Services and the Legal Department followed up and they are in court. .Councilman Gilliam: Just to get it on the table I will make a motion to approve it, but that does not indicate my support either way, I just want to get it on the table so we can do something with it. Councilwoman Shales: I will second it. Councilwoman Shales: I don't know if we can deny him a special use just because the people before him goofed -up. Maybe he will be the one that will actually comply. I don't know that we should judge him by the faults of others. Mayor Verbic: I think you also have to look at the number of used car lots on Dundee Avenue. Councilwoman Shales: Apparently the two others we talked about have gone out of business. Councilman Schmidt: One never went into business, he had it rezoned and put it up for sale. Councilman Waters: 1 am prepared to vote in favor of this, but am doing it on the assumption that he will in fact have to comply with these conditions of improvement prior to his actually being able to sell cars on the lot, and it does seem to be an improvement over our present situation. Councilwoman Shales: Even if this lot is sold with the special use the buyer would have to comply with these conditions. Roger Dahlstrom: That is right. Mayor Verbic: If there is no further discussion we will have the Clerk call the roll. Yeas: Councilmen Andersen, Hansen, Shales and Waters. Nays: Councilmen Gilliam, Schmidt and Mayor Verbic. VOLUME X L I X 44o Ord-inunCe No. G71 -84 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OPEN SALES LOT AT 1358 DUNDEE AVENUE, ELGIN, ILLINOIS WHEREAS, written application has been made for a special use for an open sales lot at 1358 Dundee Avenue; and WHEREAS, the Lard 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 Corunittee. 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 1358 Dundee Avenue, Elgin, Illinois, legally described as follows: The East Half Section 1, Township 41 North, Range 8 East, Third Principal Meridian, Part of Lot 11, Block 2, Trout Park River Bluff Addition, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Revisions to the site plan submitted by the petitioner: a. Remove the easterly approach on Glenwood Avenue and seed or sod. b. Remove the existing garage. c. A solid six foot wood fence is to be constructed along the residence district boundary. d. Compliance with Chapter 19.44 Off- Street Parking. e. Substantial conformance to the revised site plan. 2. No motor vehicle repair or servicing is to be performed on the premises. Motor vehicle detailing/preparation for resale is to be permitted. 3. Compliance with all other applicable codes and ordinances. 441 VOLUME XLIX Section 3. That this ordinance shall be in ul1 force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Ric ar L. er ic, Ngyo r Presented: May 14, 1984 Passed: August 27, 1984 Vote: Yeas Nays 3 Recorded: Published: Attest: U s/ Marie Yea man Marie Ye arman, City C1er RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH PRODUCERS ASSOCIATION FOR PERFORMING 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 XLIX 442 RESOLUTION AUTHORIZING AN AGREEMENT WITH PRODUCERS ASSOCIATION 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 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: August 27, 1984 Adopted: August 27, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: � � S/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH ABBOTT CONTRACTORS INC. FOR THE EASTSIDE WATER TRANSMISSION MAIN 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. 443 VOLUME XLIX RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH ABBOTT CONTRACTORS, INC. FOR THE EASTSIDE WATER TRANSMISSION MAIN WHEREAS, the City of Elgin has heretofore entered into a contract with Abbott Contractors, Inc. for the Eastside Water Transmission Main; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 3, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert v. Maim, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. 3, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 27, 1984 Adopted: August 27, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING REVIEW APPRAISA T 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 XLIX 444 RESOLUTION ACCEPTING REVIEW APPRAISAL OF PROPERTY LOCATED AT 379 FULTON STREET WHEREAS, the City of Elgin on May 9, 1983, made an official determination to acquire a certain structure located upon property within the City of Elgin pursuant to Housing and Community Development Block Grant Number B- 83- MC -17-001 I; and WHEREAS, the City of Elgin has caused the subject structure to be appraised by Jaynes Coleman; and WHEREAS, James Coleman has submitted his written appraisal of the subject structure; and WHEREAS, said appraisal indicates that the fair market value of the structure is $12,000; and WHEREAS, said appraisal has been reviewed in accordance with federal Depart- ment of Housing and Urban Development guidelines; and WHEREAS, said review appraisal has established just compensation and fair market value of the structure as $12,000; and WHEREAS, it is in the best interest of the City of Elgin to acquire said structure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby resolves that $12,000 is just compensation and fair market value of the structure described below. BE IT FURTHER RESOLVED that Robert and Theodore Kruse and George W. and Angie Julian, are the owners of said structure located at 379 Fulton Street and described as follows: The frame and stucco house located upon the southwesterly portion of the Westerly 33 feet of lot 3 and the Easterly 33 feet of lot 4 of J. T. Gifford's Addition, Northwest Quarter, Section 14, Township 41 North, Range 8 East; Third Principal Meridian, Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City of Elgin proceed to enter into an agree- ment for purchase and demolition of the aforesaid frame and stucco structure. BE IT FURTHER RESOLVED that the appraisal of the subject structure has been performed in a competent manner in accordance with applicable State law, Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the policies and requirements of the Department of Housing and Urban Development. s/ Richard L. Verbic Richard L. Verbic, Mayor 445 Presented: August 27, 1984 Adopted: August 27, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk VOLUME XL1X RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT FOR THE ACQUISITION OF CERTAIN PROPERTY 379 Fulton Street Councilman Hansen 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 XLIX 446 RESOLUTION AUTHORIZING AN AGREEMENT FOR THE ACQUISITION OF CERTAIN PROPERTY (379 Fulton Street) WHEREAS, the City of Elgin-desires to acquire a certain structure for public purposes located within the Township of Elgin, County of Kane, Illinois; and WHEREAS, the owners of said structure and the agents of the City of Elgin have reached agreement for the sale of said structure to the City of Elgin; and WHEREAS, the acquisition of said structure is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THLE CITY COUNCI;_ OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Maim, Acting City Manager, be and is hereby authorized and directed to execute an agreement for the purchase of a certain structure described as follows: The frame and stucco house located in the southwesterly portion of the westerly 33 feet of lot 3 and the easterly 33 feet of lot 4 of J. T. Gi.fford's Addition, Northwest Quarter, Section 14, Township 41 North, Range 8 East; Third Principal Meridian, Elgin, Kane County, Illinois, commonly known as 379 Fulton Street. in accordance with the terms and conditions of a proposed agreement, a copy of which is attached hereto and made a part hereof by reference, for a purchase price of $12,000. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 17, 1984 Adopted: August 27, 1984 Vote: Yeas 7 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 CLOSE A PORTION OF ROUTE 19 FOR ANNUAL PARADE Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforemention resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 447 VOLUME XLIX RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUIILDINGS TO CLOSE A PORTION OF ROUTE 19 FOR ANNUAL PARADE WHEREAS, the Club Guadalupano desires to hold its annual Mexican Fiesta Independence Celebration parade on Route 19 on Sunday, September 16, 1984 at 2 :00 p.m.; and WHEREAS, said parade will require the closing of a portion of Route 19; 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. L. Verbic Richard L. Verbic, Mayor Presented: August 27, 1984 Adopted: August 27, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea° -man Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING KATHRYN M. KAWELL AS A MEMBER OF THE LAND USE COMMITTEE 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 XLIX 448 RESOLUTION APPOINTING KATHRYN M. KAWELL AS A MEMBER OF THE LAND USE COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kathryn M. Kawell be and is hereby appointed as a member of the Land Use Committee for a term to expire July 1, 19.87. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 27, 1984 Adopted: August 27, 1984 Vote: Yeas 6 Nays O Abstained Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS OF THE ELGIN HERITAGE COMMISSION 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. 449 VOLUME XLIX RESOLUTION APPOINTING MEMBERS OF THE ELGIN HERITAGE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that E. C. Alft, Richard H. Clossman, Bruce R. Dahlquist, Raymond J. Fraser, Mark Herzog, Heather Hunt, Patricia A. Miller, Art Seyller and John N. Walters be and are hereby appointed as members of the Elgin Heritage Commission for terms to expire July I, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 27, 1984 Adopted: August 27, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yrman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A RELEASE OF EASEMENT 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. VOLUME XLIX 450 RESOLUTION AUTHORIZING EXECUTION OF A RELEASE OF EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Maim, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute a release of easement, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 27, 1984 Adopted: August 27, i 984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED PROVIDING FOR BORROWING MONEY AND ISSUING BONDS OF THE CITY OF KANE AND COOK COUNTIES ILLINOIS TO AN AMOUNT OF $1,925, FOR PAYING THE COST OF CONSTRUCTING PUBLIC IMPROVEMENTS IN THE CITY AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THI THE BONDS Councilman Waters 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. 451 VOLUME XLIX 4,S ORDINANCE NO. T -4 -84 AN ORDINANCE providing for borrowing money and issuing bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the amount of $1,925,000 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 construct street improvements and install traffic signals in the Northeastern part of the City and construct and acquire storm water improvements in the Otter Creek area to consist of necessary detention ponds and other storm water drainage facilities, all in accord with the plans and specifications therefor prepared by A .o r a �✓ CE.w �/ �/ d .2E.1rWt wc. and C . a and now on file in the office of the City Clerk and available for public inspection (the "Project "), all at an estimated cost of Zt /, �a- .�'r+r� , 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 $1,925,000 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 $1,925,000 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 $1,925,000 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 $1,925,000 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 $1,925,000 and to evidence said loan the bonds of the City be issued. Each of the Bonds shall be designated "Corporate Purpose Bond, Series 1984," and become due serially on January 1 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 1986 $ 75,000 8.00 1987 215,000 8.25 % 1988 275,000 8.25 % 1989 375,000 8.40 q 1990 225,000 8.40 a' 1991 250,000 8.50 % 1992 100,000 8.50 % 1993 100,000 8.70 % 1994 150,000 8.90 % 1995 160,000 9.00 -3- The Bonds shall be dated October 1, 1984, 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 350 -day year of twelve 30 -day months) being payable on the first day of July, 1985 and semi- annually thereafter on each January 1 and July 1. Interest on each Bond shall be paid by check or draft of American 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 -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 sha.11 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 during the period beginning on the sixteenth (16th) day of the month next preceding any interest payment date on such Bond to and including the day preceding such interest payment date. 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. 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. Redemption. Bonds due on or after January 1, 1992 are redeemable prior to maturity at the option of the City, in whole or in part, on January 1, 1991 or on any interest payment date thereafter, and if less than all of the outstanding Bonds are to be redeemed, the Bonds to be called shall be called in the inverse order of their maturities and if less than all of a single maturity is so redeemed then by lot within a maturity in the manner hereinafter provided, the Bonds to be redeemed at Par plus accrued interest to the date fixed for redemption and a premium of two percent (21) of the principal amount of the Bonds so called for redemption. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. In the event of the redemption of less than all the Bonds of like maturity the aggregate principal amount thereof to be redeemed shall be $5,000 or an integral multiple thereof and the Bond Registrar shall assign to each Bond of such maturity a distinctive number for each $5,000 principal amount of such Bond and shall select by lot from the numbers so assigned as many numbers as, allocating $5,000 to each number, shall equal the principal amount of such Bonds to -7- be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided that only so much of the principal amount of each Bond shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. The City shall, at least forty -five (45) days prior to the redemption date (unless a snorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the principal amount of Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than sixty (60) days prior to the redemption date by the Bond Registrar. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by any holder of Bonds to be redeemed, notice of the call for any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by registered or certified mail at least thirty (30) days and not more than sixty (60) days prior to the date fixed for redemption to the registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All notices of redemption shall state: (1) the redemption date, (2) the redemption price, (3) if less than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemp- tion, the respective principal amounts) of the Bonds to be redeemed, (4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (5) the place where such bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Bond Registrar. Prior to any redemption date, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bonds, there shall be prepared for the registered holder a new Bond or Bonds of the same rate of interest and maturity in the amount of the unpaid principal. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid, bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Section 5. 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 [10] shall be inserted immediately after paragraph [1]; -10- 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 1984 :See Reverse Side: :for Additional :Provisions Interest Maturity Rate: % Date: January 1, Registered Owner: Principal Amount: REGISTERED Dated Date: October 1, 1984 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 awe 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 (unless redeemed earlier as hereinafter provided), 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, 1985 and semi- annually -11- thereafter on each January 1 and July 1 until said 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 American 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 hereon' 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. [31 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 VlI of said Constitution of the State of Illinois in issuing its full faith and credit bonds -12- 0 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. [41 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.. 151 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) -13- (Facsimile Signature) Mayor (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 1984 of the City of Elgin, Kane and Cook Counties, Illinois. American National Bank and Trust Company of Chicago as Bond Registrar By (Manual Signature) Authorized Officer Bond Registrar and Paying Agent: American National Bank and Trust Company of Chicago [Form of Bond - Reverse Side] City of Elgin Kane and Cook Counties, Illinois Corporate Purpose Bond, Series 1984 [5] 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 "). -14- 171 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. [81 Bonds maturing on or after January 1, 1992 are redeemable prior to maturity at the option of the City, in whole or in part on January 1, 1991 or on any interest payment date thereafter, and if less than all of the outstanding Bonds are to be redeemed, the Bonds to be called shall be called in inverse order of their maturity and if less than all of a single maturity is so redeemed, then by lot within a maturity in the manner hereinafter provided, the Bonds to be redeemed at par plus accrued interest to the date fixed for redemption and prernium of two percent (2%) of the principal amount of any Bond so called for redemption. Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. In the event of the redemption of less than all of the Bonds of like maturity, the aggregate principal amount thereof to be redeemed shall be $5,000 or an integral multiple thereof and the Bond Registrar shall assign to each Bond of such maturity a distinctive number for each $5,000 principal amount of such Bond and shall select by lot from the numbers so assigned as many numbers as, allocating $5,000 to each f -15- number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided that only so much of the principal amount of each Bond shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. Notice of any such redemption shall be sent by registered or certified mail not less than thirty (30) days nor more than sixty (60) days prior to the date fixed for redemption to the Registered Owner of each Bond to be redeemed at the address shown on the registration books of the City maintained by the Bond Registrar or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. When so called for redemption, this Bond will cease to bear interest on the specified redemption date, provided funds for redemption are on deposit at the place of payment at that time. C91 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. 1101 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. Ewell (ASSIGNMENT) FOH 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 rebistered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 6. 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 1984 $278,781.25 1985 $372,025.00 1986 $414,287.50 1987 $491,6o0.00 1988 $3103100.00 1989 $316,200.00 1990 $144,950.00 1991 $1363 450.00 1992 $177,750.00 1993 $174,400.00 -17- for interest to and inclu for interest for interest for interest for interest for interest for interest for interest for interest for interest and Ding and and and and and and and and and principal up January 1, 1986 principal principal principal principal principal principal principal principal principal That interest or principal coming due at a time when there are insufficient funds on hand to pay the same be paid promptly when due from current funds on hand in advance of the collection of the taxes herein levied, and when said taxes shall have been collected, reimbursement shall be made to the said funds in the amounts thus advanced. The City covenants and agrees with the purchasers and the holders of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the taxes herein levied. The City and its officers will comply with all present and future applicable laws in order to assure that such takes will be levied, extended and collected as provided herein. Section 7. 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 1984 to 1993, 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. Section 8. 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 him delivered to The First National Bank 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 $94.00. 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 9. Project Fund; Bond Fund. From the amounts received upon the sale of the Bonds, principal proceeds in the amount of $1,92.5,00.0 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, 1985 and, to that end, is hereby ordered deposited into the "Corporate Purpose -1.9- Bonds, Series 19$4 Bond Funds' (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 principal or interest on the Bonds on the interest payment date next after such interest is received. Section 10. 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 t 3o e) c7 d .r, such sum being not less than 2-1/7, of that portion of the Project to be financed with proceeds of the Bonds. (b) Over t / � ~` of the money derived from the sale of t Bonds and deposited in the Project Fund will be expended on or before 30 19?7, for the purpose of paying the cast of the Project, said date being within three years following the date of issue of the Bonds. (c) All of the principal proceeds of the Bonds will be used, needed and expended for the purpose of paying the cost of the Project. (d) Work on the Project is expected to proceed with due diligence to completion. (e) No portion of the acquisitions or improve- ments constituting a part of the Project has been or is expected to be sold or otherwise disposed of in whole or in material part prior to the last maturity of the Bonds. "Material part" means (i) land, or (ii) any improvement, or (iii) personal property or fixtures in excess of that which is expected to be sold, traded in or discarded upon wearing out or becoming obsolete. -20- (f) The City will receive par plus accrued interest and $ qB �= 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, 1985. (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 anticipated dates of expenditure of money in the Project Fund derived from the sale of Bonds and the amount to be spent on or before such dates is based upon consultation with I44A4oroW.«s e. ;?y JEW&. - eC444& + the architects/ engineers charged with responsible supervision of the Project. (i) To the best of the knowledge and belief of the City Council, there are no facts, estimates or circumstances that would materially change the conclusions and representations set out in this Section 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. -21- .9 WO 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 (the "Code "), 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 11. Registered Form. The City recognizes that Section 103(j) 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. OWM Section 12. 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 13. 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 give notice of redemption of Bonds as provided herein; (d) to cancel and /or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the City at least annually a certificate with respect to Bonds cancelled and /or destroyed; and (f) 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 14. Publication. That a full, true and complete copy of this ordinance be published within ten days after passage in j)grLV f_.Outlew ,vswcC,, being a newspaper published in and of general circulation within the City. _ �3_ VOLUME X L I X 574 Section 15. 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 ordinance shall be in full force and effect upon its passage, approval and publication thereof as provided by law. Adopted August 27, 1 1984 Approved: s/ Richard L. Verbic Mayor, City of Elgin, Kane and Cook Counties, Illinois s/ Marie Yearman City Clerk, City of Elgin, Kane and Cook Counties, Illinois ORDINANCE PASSED ESTABLISHING AN EARLY RETIREMENT PROGRAM 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. -24- 575 VOLUME XLIX Ordinance No. G47 -84 AN ESTABLISHING AN EARLY ORDINANCE PROGRAM WHEREAS, the City Council of the City of Elgin desires to establish an early retirement program for its employees; and WHEREAS, participation by Elgin employees in the early retirement program shall be completely voluntary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. Establishment There is hereby established an early retirement program (hereafter program) of the City of Elgin. The terms and conditions of this program and the right to participate therein shall be as set forth herein. Section 2. Eligibility Any full time employee of the City of Elgin who is either (a) between 55 and 60 years of age or older and has a minimum of 20 years of service with the City of Elgin and is vested in the Illinois Municipal Retirement Fund; or (b) 60 years of age or older, but who has not reached his 65th birthday and is vested in the Illinois Municipal Retirement Fund (eight (8) years of creditable service), is eligible to Participate application as provided herein. Participation shall be completelvvoluntary. the program upon Section 3. Enrollment Any person desiring to participate in the program pursuant to Section 2 shall file with the Personnel Department of the City of Elgin the following: a) Notice of intent to participate in the program acknowledging and agreeing to abide by the terms of this ordinance. b) Letter of resignation. c) Application for IMRF retirement benefits. Section 4. Group Insurance Benefit Participants in this program (hereafter early retirees) shall be entitled to the following benefits until such benefits are terminated or expire pursuant to this ordinance. A. -Early retirees who are 55 years of age or older, but who have not reached their 60th birthday, may at such early retiree's expense, participate in the CitY#s management insurance program. Participation costs for such early retirees shall be a al equ sum to 150% of the then current monthly premium or as otherwise provided in an OP Pm equ collective bargaining agreement or letter of understanding whichever is less. This Obligation shall be Paid quarterly by the early retiree until such person reaches their 60th birthday with each payment being a sum equal to the required equired monthly contribution as provided above multiplied by 3 (each quarterly Payment covers 3 months). Such quarterly VOLUME XLIX 576 payments shall be due and payable five (5) days prior to the quarter for which the payment is to be applied. Failure to timely pay said quarterly payment shall result in the early retiree's automatic removal from the group medical insurance program. Any early retiree so removed shall not be entitled to reinstatement or any further benefits under this program. Upon reaching the age of 60, early retirees who have continued to participotge in the City's group medical insurance program shalt be entitled to continued participation in the program . pursuant to sub- paragraph (B.) and (C) hereof. Any person who retires before the age of 60 and fails to participate on a continuous basis in the City's group insurance program until their .60th birthday shall not be eligible to continued insurance benefits provided in sub- paragraphs (B) and (C) B. Early retirees who retire on or after their 60th birthday or who retire on or after their 55th birthday and continue to participate in the City's morn agement group medical insurance program until they reach of age of 60, shall continue to participate in such program, at no cost to the early retiree, up to a maximum of twenty -four (24) months from the date of retirement or reaching the age of 60, whichever occurs first. The participation in the insurance program as provided in this sub- paragraph (b) shall cease on the expiration of 24 months or upon the early retiree reaching the age of 65 or until the early retiree's death or upon becoming eligible for participation in Medicare, whichever occurs first. C. Provided continued participation has not ceased, expired or been terminated Pursuant to this ordinannce, early retirees may continue to participate on a shared cost basis in the City's management group medical insurance program after the expiration of the 24 month no cost period specified in sub - paragraph (8). The early retiree's contribution shall be based on one -half of the then current monthly premium at the time of payment and the number of months of such continued participation until the early retiree reaches the age of 65. The early retiree's portion of the shared cost continued participation may be paid in either of the following methods. i) Prepayment: Payment may be made in a lump sum, either at the time an early retiree reaches the age of 60, if such early retiree retired prior to the age of 60 and has continued to participate in the City's group insurance program pursuant to sub- paragraph (A) above, or at retirement if the early retiree retires on or after their 60th birthday. This lump sum payment shall be an amount equal to the projected months of shared cost participation multiplied by one -half of the then current monthly premium. Projected months of shared cost participation shall be the number of months between the expiration of the group insurance benefit provided in sub - paragraph (B) above, which is fully funded by the City (24 months of ter retirement or reaching the age of 60, whichever is applicable) and the date upon which the early retiree reaches the age of 65. ii) Quarterly Payment: An early retiree may make quarterly payments, in advance, to continue the group insurance benefit after expiration of the group insurance benefit provided in sub - paragraph (b) above. The first payment shall be due prior to expiration of the initial 24 months of coverage funded by the City as provided in sub- paragraph (b) above and each subsequent payment shall be due and payable not less than five (5) days prior to the quarter for which the payment is to be applied. Each payment shall be a sum equal to one -half of the then current monthly premium multiplied by three (3) (each payment covers 3 months). Failure to timely pay any quarterly premium shall result in the early retiree's automatic removal from the group insurance program. Any early retiree so S77 VOLUME XLIX removed shall not be entitled to reinstatement or any further benefits under this program. Section 5. Termination A. Participation in the City's group insurance program by on early retiree shall cease upon the death of a retiree or upon said retiree reaching the age of 65 or upon said retiree becoming eligible for participation in Medicare before age 65 or upon such early retiree's removal from this program for non - payment pursuant to Sections 4(A) or 4(C), whichever occurs first. B. In the event an early retiree dies while participating in this program, any prepayment for continued coverage as provided in Sections 4(A) or 4(C) above allocated for months subsequent to the month in which the death occurred shall be refunded to the estate of the deceased. Section 6. No Vested Rights The terms of this ordinance shall not be construed to create any vested rights in any person not participating in the program and this ordinance may be amended or repealed at any time and without notice. Section 7. Effective Date This ordinance shall be in full force and effect from and after its passage. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: August 27, 1984 Adopted: August 27, 1984 Vote: yeas 7 Nays 0 Attest: s/ arse ye� ar n Marie Yearman, City C lerk V O L U M E A L I A RESOLUTION ADOPTED FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE 578 Councilwoman Shales 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. SUPPLEMENTARY RESOLUTION ADOPTED FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE. Councilwoman Shales 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. AUTHORIZATION OF PAYMENT TO VENDORS Leach Enterprises $1,998.51 Miscellaneous parts for 10 Leach Sanitation Trucks. Councilwoman Shales made a motion, seconded by Councilman Hansen to approve the aforementioned payment. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue for May, 1984 Cemetery Report for July, 1984 Traffic Committee Minutes 8/9/84 Public Works Report for July, 1984 Parking Lot Revenues 8 /1/83 through 7/31/84 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 Gilliam made a motion, seconded by Councilman Andersen to adjourn the Council Meeting and return to the Committee of the l Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, -' Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9 :55 P.M. arse Yearma City C er VOLUME XLIX September 10, 1984 579 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 10, 1984 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 the Mayor, and the Pledge of Allegiance was led by Councilman Gilliam. ROLL r Ai I Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Absent: Councilman Schmidt. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE AUGUST 13, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilwoman Shales to approve the August 13, 1984 Council Minutes as published. yeas: Councilmen Andersen, Gilliam, Hansen, Shales and Mayor Verbic. Nays: 'None. Abstained: Councilman Waters. MINUTES OF THE AUGUST 27, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Hansen to approve the August 27, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR WATERMAIN FOR SOFTBALL COMPLEX Councilman Gilliam made a motion, seconded by Councilman Andersen to award the bid for the softball complex watermain to the low bidder, Water Products Company, for a total amount of $14,431.80. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. BIDS FOR RENOVATIONS TO HAWTHORNE HILLS LODGE REJECTED Councilman Gilliam made a motion, seconded by Councilman Waters to reject all bids for the renovations to Hawthorne Hills Lodge. } Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. 580 VOLUME XLIX PETITION 36 -84 REQUESTING A B -3 SERVICE BUSINESS. DISTRICT SPECIAL USE FOR A DAY CARE CENTER PROPERTY LOCATED AT 70—N. ALFRED STREET - - -- TABLED TO NEXT MEETING Roger Dahlstrom: Patrick and of the Learning Tree day care to expand their services. Th licensed for 40 children. The subject property is a two area located immediately west is approximately 1,670 square street parking. Katherine HanneII, owner /operators center at 69 North Aldine, desire proposed day care center is to be unit office building and a grassy of the building. The building feet and has associated off- At its regular meeting of August 6, 1984, the Land Use Committee recommended the denial of Petition 36 -84. On a motion to recommend approval pproval of the proposed special use, the vote was yes Objectors appeared at the meeting and written objections have been received. .Katherine Hannell, 179 Old Forge Road: The building has two offices which could be converted into classrooms, each having 20 children. The facility would be used for nursery school children in the morning and after schoolers in the afternoon. This building does not face residential housing and is only 25 feet from our main center's backyard. It has eight parking spaces for parent drop -offs and pick -ups. Unlike most businesses our customers stay for a few minutes and leave. Another good factor is that the cars must enter the parking lot on Alfred and leave on Aldine, thus dividing the traffic flow. There is nine hundred square feet of open area to the west of the building, which would be fenced in and prepared for outside play. This building would be an extension of our services, it is not a new center. My husband and I chose this property because it is within close proximity of our current center. Parents who have pre-schoolers, 2 through 5 years of age, at our center would find it extremely helpful to have their after schooiers within a half block. This building is currently vacant and the objectors from the neighborhood want us to locate further west. However, why go west when we could utilize what already exists. Far too many buildings in Elgin stand vacant because businesses have moved to newer locations. VOLUME XLIX The public would be better served because we could keep our tuition down because we would not have to duplicate expensive overhead. Traffic generated by our facility would be no more or less than other businesses that would not need a special permit. This property has been zoned business for numerous years and has posed no public safety problem. We are under the guidelines of the Department of Children and Family Services, they license our facility. This means that the space used by the children both inside and outside must meet their guidelines for health, safety and welfare. Mrs. Audrey Schick from Century 21, a long time resident and realtor in Elgin testified earlier that property values would not be effected by a day care facility located in a business district. In ending I would just like to say that before we applied for this permit we asked many of the objectors from our last petition if they would object to this already zoned business site and they said no. We went ahead and we have spent a lot of time, a lot of effort and a lot of money so that we could apply for this special use permit. Please consider this and this welfare of many children when you render your vote. Councilwoman Shales. Will the inside of the building be renovated. Katherine Hannell: Just a couple of the walls that make it several different little rooms would be taken out and it would be made into one large area. Councilwoman Shales: Has the Department of Family and Children Services looked at this site. Katherine Hannell: In working with them I have called on them but I have not called them in to look at it because unless they know that we could utilize it, they have so much work, I hate to see them come down for that purpose, but they must follow the fire codes and they must get a recommendation from Sgt. Burke and he would be able to do that because he inspected it. Councilman Waters: How would the facility be used during the summer months. Katherine Hannell: During the summer months we would use the facility as our after school school program building. We do not run nursery school in the summer nor do we intend to. There are many after schoolers who do need some place to go for the summer and we have always found that we could use more space. 582 VOLUME X LIX Charlene Pichik, 101 N. Aldine: I am here tonight to speak on behalf of my neighbors expressing to you our opposition to allow a second day care center in our block at 70 N. Alfred. You have in your possession.a lengthly transcript from the Land Use Committee meeting, many of our neighborhood spoke that night and we do not wish to get into any further argumentative discussions. Our concerns and objections remain as they have since April when the Learning Tree began its first proposal attempting a second day care center at 100 N. Alfred. To show our united opposition I would like to present this Council with a petition which reads: I the residents of Aldine, Alfred and Highland Avenues strenuously object to the proposed day care center on the property at 70 N. Alfred. Our objections to increased traffic, lack of off- street parking and inadequate open space for children are our greatest concerns. We have a special use day care center in our neighborhood, by allowing a special use for another day care center in our same one block area would bring us beyond the saturation point. To further document our testimony I would like to present a paper which appeared as a wire service article in the Courier News on Friday, August 3rd. It well defines the growing need for day care, but it also addresses the problems brought to a neighborhood with its activities. This article is indicative of a national growing problem, or as the headline suggests day care dilemma. Many of our same frustrations are discussed in this article, the only difference is the impact of this problem by numbers. The intensity is less because this article deals with home base care which only involves 6 to 8 children. Read their complaints, multiply them a dozen times and then surely you will see why we are being reasonable in our stand. The Learning Tree staff has known since April that our neighborhood would not support a second day care center and yet so far they have pursued two additional pieces of property in the same block. Over the course of the past six months we have been blamed and frown upon by parents who are desperate for a place for their children. Perhaps a more convenient spot closer to these same parent's own homes, or places of work should have been explored. We hope that you will support the recommendations of the Land Use Committee in denying this petition. Echoing the word's of a Commissionor "how much responsibility does one neighborhood bear for a need that exists among the general public. Chester Bowser, 63 N. Melrose: There are quite a few concerns about this petition. Originally they wanted to go into a residential area and that was overruled, they are now in a business area which really should'nt harm too much, they are not effecting the local residents except for one factor, traffic. VOLUME XLIX 583 The Larkin Home made no provision for off - street parking and both sides of that street are fully parked. Surely when they come in the traffic is going to split and it is going to come off of Larkin, its going to come from Alfred, some going each way on Aldine, are we getting more than our share. Councilman Andersen made a motion, seconded by Councilman Hansen to approve Petition 36 -84. Councilman Andersen: This week's News Week magazine had a cover story about the extreme shortage of quality day care centers throughout the countrv. Day Care Centers enable single parent families and two parent families to work and earn a living to support themselves in this era of high prices and it is certainly not like the home day care centers that were referred to in the Courier, where some woman has 5 or 6 children in her home. These are day care centers and quality care in a day care center is a rarity. The bulk of the communication that I get from the parents that take their children to Learning Tree indicate that it is a high quality organization so I would vote for the approval of this petition. Councilman Gilliam: This is probably one of the most.difficult p decisions that has to be made, I think people have said they are not questioning the quality of the day care center. I think it is needed, I think it is something that is very positive, but the question that you have to ask, and every neighborhood group will ask the same thing, how much can my neighborhood take. I don't think that we can saturate any neighborhood with a lot of special use zoning. I think we have had response from the Gifford Park Association which was we have had our share of special use for community groups, no more, and I see this Community saying the same thing, we will take one, but why should we take two. For that reason I will vote no on the motion. Councilwoman Shales: These are very difficult decisions and there is no good way to decide on an issue like this. However, I feel that this is a better location than the first one they came to us with, but it is still within the same block. I was going to vote against the first one because it was on the same block, so I am having great difficulty with approving this type of thing. I also don't feel I have a good answer to the long common wall and whether the difficulties with that have been ironed out with the tenants that are there now. John Modaff: I am the owner of the building and the owner of the party wall that you are speaking about is also here. The party wall has been in existence for about 20 years, we have been good neighbors and have had no problems. If there was a noise problem soundproofing could be placed on either side of the party wall without any difficulty. 584 VOLUME XLIX Alvin Pofahl, General agent for Northwestern Mutual: I am on the other side of that wall and our business has been at this location since the early fifties. Parties to the party wall agreement, one passed away and Mr. Stettner is in Colorado. Mr. Schmacher is here tonight and he is the most directly concerned because his office is right along the common wall. Our concern is the noise level of bringing 40 to 80 children through that facility with a common wall in existence. I think Mr. Modaff has satisfied my concerns and I guess it is on public record that he will follow through to make sure that noise is not a problem, but as I exDressed to each of you in a letter which you received probably Saturday, ! think there is a greater concern for the City of Elgin. I share the west boundary of my building with the Learning Tree people. I think the concern I have is they have been good business neighbors but my concern for the City of Elgin, should there be two day care centers in the block, who sets the standards, who sets the rules. I don't think it is fair, for the Hannells to have to go through this twice because there are no rules written down by the City, that is my concern and I think it is their concern. They should not have to come here again without knowing what the ground rules are, and as a business person that is my concern for them. We can solve the common wall problem but the problem that the residential neighbors have is up to you to solve. Do you want two day care centers in one block, and I think that is the real issue. Mayor Verbic: If there is no further discussion I would like to have the Clerk call the roll. Yeas: Councilmen Andersen, Hansen and Mayor Verbic. Days: Councilmen Gilliam, Shales, and Waters. Mayor Verbic: It looks like there are 3 yes and 3 no. Maybe the Corporation Counsel could tell the Hannells and neighbors what the recourse is at this point. Counsel Jentsch; The Petition requires an affirmative vote by the members of the City Council, a three - three vote is not an affirmative vote, so unless someone moves to reconsider it to address it further the Petition would fail. I think you should take some action tonight to reconsider it and table it if that is what you want to do. As it stands the motion has been defeated because it failed to carry. Councilman Gilliam: It is my understanding that if a Petition failed that unless you had new evidence that would give some reason to change it that it could not be brought up for a year. That the prevailing side did not matter and that if it failed it failed. VOLUME XLIX 585 Counsel Jentsch: Well, you have another rule of the City Council that you can reconsider a vote at the same meeting or at the next regular meeting. If you wanted to keep it alive someone would have to move to reconsider it and Council would have to vote to reconsider it. If you then wanted to continue it by virtue of a table or other motion you could do that, but to just leave it three - three it is defeated. Councilman Waters: I voted on the prevailing side, would it be appropriate if I were to make a motion for reconsideration and table it to the next meeting. Counsel Jentsch: Well first make a motion to reconsider it, then make a motion to table it. Councilman Waters: I think this is an issue that is extremely difficult and in fairness to all parties I think there should be a full Council decision and therefore I would move to reconsider this issue. Councilman Gilliam: I have trouble with that. I think that what you are saying Councilman Waters is that every time we make a decision there should be a full Council. Councilman Waters: No, I am not saying that at all Councilman. I am saying this particular issue is an extremely difficult decision, there is a great deal at stake and I think it should be a full Council. Councilman Gilliam: Well if that is the case you may as well pass it now. Councilwoman Shales: I agree, I think when there is a split decision then it should then be a decision of the full Council. Mayor Verbic: Is there a second to Councilman Waters'.motion. Councilman Andersen: I will second it. Councilman Gilliam: I think we are setting a bad precedent. We should have decided that we were not going to vote on this item before this meeting. We knew that Councilman Schmidt was not here and we should have made that decision before rather than waiting for the outcome of the vote and then say that Mr. Schmidt had to be here. I think that is unfair to the people that are here. A vote was taken, Mr. Schmidt was not here and therefore the vote should stand. We should not say it went one way therefore we should call back another Councilman to let him break the tie. I think that is wrong. The rules say that if it did not pass then it fails and it did not pass. I don't think we should keep going back and forth until it comes out another way. 586 VOLUME XLIX Councilman Waters: Councilman Gilliam, normally I would concur with what you have stated. I think in this particular instance however, we did not know what the vote was going to be before the vote was taken. .Number two, there is not a clear majority, and I think that this decision is difficult enough that there should be a clear majority decision. Mayor Verbic: Will the Clerk call for the vote. Yeas: Councilman Andersen, Hansen, Schmidt, Waters and Mayor Verbic. Nays: Councilman Gilliam. Councilman Waters: I would move that we table this item to the next regular meeting. Councilman Andersen: Second. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: Councilman Gilliam. ,ORDINANCE TABLED PROHIBITING OPEN BURNING OF LEAVES Councilwoman Shales made a motion, seconded by Councilman Gilliam to table the aforementioned ordinance, and substitute a new ordinance at the next regular meeting. Councilman Waters: Rather than substituting this ordinance I would like to bring this ordinance back for discussion next time and consider the possibility of making this effective January 1, 1985. We could still consider the possibility of doing what Councilwoman Shales' has proposed in her ordinance, but passing this ordinance as well making it effective January 1, 1985. Councilman Gilliam: There is not supposed to be any discussion on the table. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. PETITION 33 -84 REQUESTING A REZONING FROM R -2 SINGLE FAMILY RESIDENCE DISTRICT AND B -3 SERVICE BUSINESS DISTRICT TFB-4 GENERAL BUSINESS DISTRICT, STREET - -- APPROVED Roger Dahlstrom: Mr. Nonnenmacher proposes to lease 880 and 888 East Chicago Street for use as an open sales lot and office. The subject property is approximately 86,000 square feet and the property at 880 East Chicago Street is improved with a gravel parking lot at the rear of the property. VOLUME XLiX 587 The property at 888 East Chicago Street is improved with a one story commercial structure. At its meeting of August 20, recommended approval of the recommendation that the two one access point. The vote 1984 the Land Use Committee proposed rezoning, with the lots combined be limited to was 6 yes and 0 no. Mayor Verbic: I think one of the big items discussed before the Land Use Committee was one or two openings on Chicago Street and I think the Land Use Committee came up with the recommendation rather than a condition. Mr. Nonnenmacher how do yon! feel aho;a,t that, do you feel it leaves you open in the future as far as selling the other one. Timothy F. Nonnenmacher: I would like to have access from both ends just from a traffic flow point of view, plus if I ever decided to sell one of them I would have a piece of property with no access and this has no value to it. There are really three entrances right now. Two on 888 and one on 880. I would like to leave one at 888 and one at 880 at the far end of the lots. Mayor Verbic: Does the staff have any recommendation regarding the openings. Roger Dahlstrom: Generally we find it is desirable to minimize the number of curb cuts on a major arterial such as Chicago Street. In the event of the sale of one of the parcels there could be a provision for another entrance point at that time. Obviously it would not be wise to deny access to the street for a piece of property if they were eventually split. Mr. Nonnemacher: I would prefer to have two entrances only from a traffic point of view for going in and exiting. It.is going to be an open sales lot and there are very few pieces of commercial property in this town with one entrance where you don't have some kind of a pile -up. It is easier to take them in one and out the other. With the type of business that is going in there I don't think one more entrance is going to make that much difference. That street is turning into an automobile type row. Councilman Hansen: I think that makes sense I would perhaps feel differently if this were near or adjacent to an intersection, but this is some distance from Willard. He is really going to have one less entrance than they have now anyway. Councilman Andersen made a motion, seconded by Councilman Gilliam to approve Petition 33 -84 with two entrances. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays. None. 588 VVLLML AL_IA PETITION 34 -84 REQUESTING AN R -4 GENERAL RESIDENCE DISTRICT SPECIAL USE _FORA PLANNED UNIT DEVELOPMENT PROPERTY LOCATED NORTH OF THE INTERSECTION OF JEFFERSON AND WAVERLY DRIVE BY FIRST ELGIN SERVICE CORPORATION -- APPROVED Roger Dahlstrom: The petitioners desire to construct a 72 unit condominium development on the subject property, which is presently undeveloped and approximately 5:64 acres. At its regular meeting of August 29, 1984 the Land Use Committee recommended p l an unit i t do.,�, y , e{opment approval, subject to the additional conditions on a vote of 5 yes and 0 no, with one abstention. Chris Morecraft, representing Burnidge & Cassell Associates; My purpose here tonight is to help answer any questions you may have regarding our proposed development. Councilman Andersen: The only question I have is what is the total value of this project. Mr. Morecraft: I think it is estimated at around three million dollars. Mayor Verbic: I think this is a beautiful addition to that area and I would like to congratulate you on your foresight and your initiative to move ahead on a project of this type because 1 feel that the need is there. Councilman Waters made a motion, seconded by Councilman Hansen to approve Petition 34 -84. Yeas; Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. PETITION 35 -84 REQUESTING A REZONING FROM M- LIMITED MANUFACTURING DISTRICT TO B- f €lU€ F-rx 1 r L.UUA f LLJ H I I NE SUU- 1HWEST CORNER OF THE INTERSECTION OF NORTH MCLEAN BLVD., AND TODD FARM DRIVE - APPROXIMATELY 0 NORTH MCLEAN BOULEVARD -- APPROVED Roger Dahlstrom: The petitioner desires to rezone the subject property for the purpose of constructing a building to serve as a banking facility for the Valley Bank and Trust Company. The property is approximately 2 acres and is presently undeveloped. At its regular meeting of August 20, 1984 the Land Use Committee recommended approval of the proposed rezoning by a vote of 6 yes and 0 no. ,y VOLUME X L'I X 589 Mayor Verbic: I am very happy to see this on the agenda tonight because I think we have been looking forward to the Valley Financial Services to come from South Elgin to Elgin, and I feel that the location and development plans are certainly a positive factor in the movement that we have seen along the new shopping center Councilman Andersen made a motion, seconded by Councilman Waters to approve Petition 35-84. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AUTHORIZING AND PROVIDING Councilman Gilliam made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. 590 VOLUME XLIX ORDINANCE NO. T6 -84 AN ORDINANCE AUTHORIZING THE FINANCING BY THE CITY OF ELGIN, ILLINOIS, OF A PROJECT CONSISTING OF THE ACQUISITION OF LAND AND OF THE CONSTRUCTION AND INSTALLATION OF BUILDINGS AND EQUIPMENT TO BE USED AS A MANUFACTURING FACILITY TO BE LOCATED THEREON IN ORDER TO CREATE AND RETAIN EMPLOYMENT OPPORTUNITIES IN THE LOCALITY OF THE CITY OF ELGIN, ILLINOIS AND ENCOURAGE ECONOMIC DEVELOPMENT THEREIN, THEREBY REDUCING THE EVILS ATTENDANT UPON UNEMPLOYMENT AND PROVIDING FOR THE INCREASED WELFARE AND PROSPERITY OF TuE RESILE N T S OF SAID LOCALITY; AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY THE CITY OF ELGIN, ILLINOIS OF ITS INDUSTRIAL DEVELOPMENT REVENUE BOND (UNIVERSAL CHEMICALS AND COATINGS, INC., PROJECT) IN THE PRINCIPAL AMOUNT OF $4,000,000, AND IN CONNECTION THEREWITH AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT AMONG THE CITY, UNIVERSAL CHEMICALS AND COATINGS, INC. AND THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, PROVIDING FOR THE MAKING OF A LOAN TO UNIVERSAL CHEMICALS AND COATINGS, INC. FROM THE PROCEEDS OF SAID BOND, THE SECURITY FOR SAID BOND, THE SALE OF SAID BOND TO THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO; AND RELATED MATTERS. WHEREAS, pursuant to its home rule powers and pursuant to City of Elgin Ordinance No. S2 -80 (the "Act "), the City of Elgin, Illinois (the "Issuer "), a municipality and home rule unit of the State of Illinois, has the power to issue its revenue bonds to finance facilities for the purpose of creating or retaining employment opportunities within the locality of the Issuer and encouraging economic development therein, thereby reducing the evils attendant upon unemployment and providing for the increased welfare and prosperity of the residents of said locality; and WHEREAS, pursuant to a Memorandum of Agreement dated April 14, 1983 between the Issuer and Universal Chemicals and Coatings, Inc. (hereinafter sometimes referred to as the "Company'), a Delaware corporation, the Issuer, in order to further the public purposes set forth above, agrees to issue its industrial development revenue bond to finance a portion of the cost of acquiring land and of constructing and installing buildings and equipment to be used as a manufacturing facility within the corporate limits of the Issuer (the "Project "); and VOLUME XLIX 591 WHEREAS, the Issuer is willing to issue its revenue bond to finance a portion of the cost of the Project and to enter into an agreement with the Company and American National Bank and Trust Company of Chicago (the "Institutional Lender "), upon terms which will produce revenues and receipts sufficient to provide for the prompt payment at maturity of the principal and interest on such revenue bond, all as set forth in the provisions of the Agreement hereinafter identified; and WHEREAS, E,ursuarit to the requirements of the Tax Equity and Fiscal Responsibility Act of 1982, and public notice published on August 13, 1984, in the -Daily Courier News , a newspaper of general circulation in the City of Elgin, a public hearing on the plan of financing for the Project was held by the City Council on August 27, 1984; and WHEREAS, the Issuer hereby finds that the issuance of the proposed revenue bond will further the public purposes set forth above, and the same is a matter pertaining to the government and affairs of the Issuer; and WHEREAS, it is necessary to authorize the execution of an agreement to be dated as of September 1, 1984 (the "Agreement ") among the Issuer, the Company and the Institutional Lender, under the terms of which the Issuer agrees to sell its industrial development revenue bond to the Institutional Lender and to lend the proceeds to the Company, and the Company agrees to mortgage the Project and to assign certain contracts and to pay to the Issuer or its assignee amounts sufficient to pay at maturity the principal of and interest on the revenue bond hereinafter authorized and will evidence such obligations by executing its direct obligation note in the principal amount of $4,000,000 (the "Note "); and WHEREAS, it is necessary for the Issuer to execute and deliver an assignment and security agreement to be dated as of September 1, 1984 (the "Assignment ") to the Institutional Lender; and - 2 - 592 VOLUME XLIX WHEREAS, it is necessary to authorize the issuance and sale of said industrial development revenue bond to the Institutional Lender; and WHEREAS, the Issuer has caused to be prepared and presented to this meeting the following documents, which the Issuer proposes to enter into: 1. The form of Agreement; 2. The form of Assignment; 3. The form of Mortgage and Security Agreement; 4. The form of Collateral Assignment; and 5. The form of the proposed $4,000,000 City of Elgin, Illinois, Industrial Development Revenue Bond (Universal Chemicals and Coatings, Inc. Project) (the "Bond "). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN, ILLINOIS AS FOLLOWS Section 1. That the form, terms and provisions of the proposed Agreement be, and they hereby are, in all respects approved, and that the Mayor of the Issuer is hereby authorized, empowered and directed to execute, and the City Cleric of the Issuer is hereby authorized, empowered and directed to attest and to affix the seal of the Issuer to, the Agreement in the name and on behalf of the Issuer, and thereupon to cause the Agreement to be delivered to the Company and the Institutional Lender; that the Agreement is to be in substantially the form presented to and before this meeting and hereby approved, and that from and after the execution and delivery of the Agreement, 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 the Agreement as executed. Section 2. That the form, terms and provisions of the proposed Assignment be, and they hereby are, in all respects approved, and that the Mayor of the Issuer is hereby - 3 - VOLUME XL I X 593 authorized, empowered and directed to execute, and the City Cleric of the Issuer is hereby authorized, empowered and directed to attest and to affix the seal of the Issuer to, the Assignment in the name and on behalf of the Issuer, and thereupon to cause the Assignment to be delivered to the Institutional Lender, and the Assignment shall constitute a lien for the security of the Bond issued under the Agreement upon the revenues and receipts derived from the Agreement, including, but not limited to, the Note; the Collateral Assignme ^t (the "Collateral Assignment ") and the Mortgage and Security Agreement (the "Mortgage "); that the Assignment is to be in substantially the form presented to this meeting and hereby approved, and that from and after the execution and delivery of the Assignment, 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 the Assignment as executed. Section 3. (a) That the Mayor or the City Cleric of -the Issuer be and each of them is hereby authorized, empowered and directed to cause the Bond to be prepared in the principal amount of $4,000,000; that the Bond will be dated the date of issuance and will be payable on March 1, June 1, September 1 and December 1 of the years (the "Payment Dates ") and in the amounts as follows: Principal Payment Per Payment Date $20,000 $30,000 $40,000 $50,000 Year of Payments December 1, 1984, March 1, 1985, June 1, 1985, September 1, 1985 December 1, 1985, March 1, 1986, June 1, 1986, September 1, 1986 December 1, 1986, March 1, 1987, June 1, 1987, September 1, 1987 December 1, 1987, March 1, 1988, June 1, 1988, September 1, 1988 -4- 594 VOLUME XLIX $60,000 December 1, 1988, March 1, 1989, June 1, 1989, September 1, 1989 $80,000 December 1, 1989 and each Payment Date thereafter to and including September 1, 1999 The Bond will be expressed to bear interest on the unpaid principal balance from the date of its issuance at nine and one -half percent (9 1/2 %) per annum through August 31, 1989 and thereafter at a varying rate per annum which shall be seventy -five ,percent (? _q%) of the rate of interest publicly announced from time to time by the American National Bank and Trust Company of Chicago as its prime rate (the "Prime Rate ") with adjustments in such varying rate to be made on the same date as any announced change in the Prime Rate, provided that any changes in the Prime Rate occurring within 15 days before any Payment Date resulting in an increase or decrease in the interest which would otherwise be payable on such Payment Date, shall not, if an increase, be.payable by the Company on such Payment Date, but shall instead be payable on the next succeeding Payment Date or shall, if a decrease, reduce the amount which would otherwise be payable on the next succeeding Payment Date. Interest shall be calculated, for actual days elapsed, on a 360 day year. In the event of a declaration of default by the Institutional Lender, interest on overdue principal and, to the extent permitted by law, on overdue interest, shall be payable on demand at a rate equal to the Prime Rate then in effect plus three percent (3%) per annum until paid. The Bond shall be in the form of a single typewritten registered Bond, payable in such medium of payment and at such place, subject to such terms of prepayment and redemption and containing such other terms and provisions specified in the Agreement (as executed and delivered) and shall be executed in the name of the Issuer with the manual signatures of the Mayor and the City Clerk of the Issuer, and the seal of the Issuer shall be affixed thereto or imprinted thereon. (b) The Bond will be issued pursuant to the Act and will not constitute a general obligation of the Issuer, but will be a limited obligation of the Issuer, payable r VOLUME XLIX 595 solely out of the income and revenues of the Issuer to be derived from the Project pursuant to the Agreement. No holder of the Bond shall have the right to compel any exercise of the taxing power of the Issuer, or the State of Illinois or any political subdivision thereof, to pay the Bond or the interest or premium, if any, thereon, and the Bond will not constitute an indebtedness or a loan of credit of the Issuer, the State of Illinois or any political subdivision thereof, or a charge against their general credit or taxing powers, c.lithin the meaning of any constitutional or statutory provision. (c) Neither the Issuer nor the State of Illinois or any political subdivision thereof shall in any event be liable for the payment of principal of, premium, if any, or interest on the Bond, or for damages arising out of the failure to perform any pledge, mortgage, obligation or agreement of any kind whatsoever of the Issuer. (d) Neither the Bond nor any of the Issuer °s agreements or obligations thereunder will constitute an indebtedness or a loan of credit of the Issuer or of the State of Illinois or any political subdivision thereof within the meaning of any constitutional or statutory provision whatsoever, nor shall the Bond be construed to create any moral obligation of the Issuer, the State of Illinois or any political subdivision thereof. Neither the faith and credit nor the taxing power of the Issuer or the State of Illinois or any political subdivision thereof is pledged to the payment of the principal of the Bond, the interest or any premium thereon, or other costs incident thereto. (e) No recourse shall be had for the payment of the principal of, premium, if any, or interest on the Bond or for any claim based thereon or upon any obligation, covenant or agreement contained in this Ordinance, the Agreement, the Assignment, or in any other instrument contemplated therein, against any past, present or future official, officer, agent or employee of the Issuer, or any successor corporation, as such, either directly or through the Issuer or any successor corporation, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or - 6 - 596 penalty or otherwise. VOLUME X L I X Section 4. That the form of the Bond submitted to this meeting, subject to appropriate insertion and revision in order to comply with the provisions of the Agreement 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 Agreement and this Ordinance in the principal amount of $4,000,000, it shall represent the approved form of the Bond of the Issuer. Section 5. That the Mayor of the Issuer be and is hereby authorized, empowered and directed, for and on behalf of the Issuer, to issue and sell to the Institutional Lender the Bond in the principal face amount of $4,000,000 at a price and on terms and conditions as provided in the Agreement. Section 6. 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 the Assignment, the Agreement and the Bond as executed and to further the purposes and intent of this Ordinance, including the preamble hereto. Section 7. That adoption of the Ordinance by the corporate authorities of the Issuer and the approval hereof by the Mayor of the Issuer shall constitute the approval by the "applicable elected representative" required by Section 103(k)(2)00) of the Internal Revenue Code of 1954, as amended by the Tax Equity and Fiscal Responsibility Act of 1982 (the "Code "). Section 8. That the Issuer elects to have the provisions of Section 103(b)(6)(D) of the Code apply to the Bond, and the Mayor or City Clerk is hereby authorized and directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Service (relating to the temporary period) pertaining to Section 103(c) of the Code. - 7 - VOLUME XLIX 597 Section 9. That the provisions of the Agreement require the Company to bear the risks of any loss that may result from investments of monies as held as part of the proceeds of the Bond, and the City Council hereby finds and determines that the authorization to the Institutional mender to invest monies held as part of such proceeds as provided in the Agreement will not involve any undue risk of loss of funds derived from the general revenue of the Issuer. Section la. That no covenant, stipulation, obligation or agreement herein contained, or contained in any instrument or document executed in connection with the Project shall be deemed to be a covenant, stipulation, obligation or agreement of any of the corporate authorities of the Issuer or any officer, agent or employee of the Issuer in their individual capacities, and neither the corporate authorities of the Issuer nor any officer of the Issuer executing the Bond shall be liable personally on the Bond or subject to any personal liability or accountability by reason of the issuance thereof. Section 11. That ail 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 and the financing of the Project be, and the same hereby are, in all respects, approved and confirmed. Section 12. 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 hereof. - Section 13. That notwithstanding any other provisions of law to the contrary, the Bond, the Agreement, and any transaction provided for therein shall not be void by reason of the pecuniary interest therein of any of the corporate authorities of the Issuer. Section 14. That ail ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. - 8 - VOLUME XLIX Section 15. That this Ordinance shall be in full force and effect upon its passage and approval and its filing in the records of the Issuer by the City Clerk. s/ Richard L. Verbic mayor Passed: September 10, 198+ Approved: September 10, 198+ Vote: Yeas; 6 Nays: 0 Published: Attest: s/ Marie Yea�an City Clerk ORDINANCE PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 0 Councilman Hansen: The approval of this does not mean that we cannot abate the taxes at a later date, is that correct. Mr. Bolerjack: That is correct. Councilman Hansen: Eventually I think we have to address this at budget time or sometime. When would you think we would do this. Mr. BolFrjack: Probably in November sometime, but you have until De-ember to abate taxes. Councilman Hansen: I would suggest as a courtsey to the people that will want to speak on this issue, property owners, that they be notified as to when this will be discussed. Councilman Andersen made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. -9- VOLUME X I X M Ordinance No. T5 -84 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1984 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 Establishing 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 1984, the total sum of $202.,020 for the following purposes: Debt Services - repayment of loan from City of Elgin for the con- struction of parking facility Estimated Receipts From Sources 1983 Other Than Appropriation Taxation $407,000 Total Appropriation $407,000 Total Revenues From Sources Other Than Taxation Amount To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation For Special Service Area Number Two Purposes Section 3. The tax levied herein is pursuant VII, Section 6A and 6L of the Constitution of pursuant to Public Act 78 -901 and to an ordinanc e Special Service Area Number Two. $207,000 $207,000 To Be Raised By Taxation $200,000 $200,000 2,020 $202,020 to the provisioner 6f Article the State of Illinois and establishing City of Elgin 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 requir- ed by law a certified copy of this ordinance. •It VOLUME XLIX 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 10, 1984 Passed: September 10, 1984 Vote: Yeas 6 lays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR EEGlWN NG JANUARY AND ENDING DECEMBER OF THE Councilman Waters made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX •� TAX LEVY ORDINANCE CITY OF ELGIN Kane and Cook Counties, Illinois For the Fiscal Year Beginning January 1, 1984 and Ending December 31, 1984 ORDINANCE NO. T3 -84 602 VOLUME XLiX ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City and Cook, in the State notice of publication 2 appropriation ordinance 1984, the amount of $48,012,275. Council of the City of Elgin in the Counties of Kane of Illinois, did on the 19th of December, 1983 after ind public hearing adopt a budget in lieu of an annual for said City for the fiscal year beginning January 1, which is ascertained to be the agregate sum of 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 1a That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 1984, . the total sum of $6,976,045 for al purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading "To Be Raised By Taxation which appears over the same, 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: VOLUME XLIX 603 Estimated Amount Receipts From To Be Raised GENERAL CORPORATE PURPOSES Appropriated Other Sources By Taxation In accordance with provisions of the 1970 Constitution of Illinois, Art. 7 011 Mayor & City Council $ 48,815 $ 48,815 $ - 012 Office of the City Manager 137,060 137,060 - 013 Purchasing & Research 85,740 85,740 014 Personnel & Admin. Services 138,990 138,990 r 015 Legal Department 129,970 129,970 018 Human Relations Commission 39,755 39,755 019 Boards & Commissions 87,000 87,000 - 020 Finance Department 770,520 770,520 - 030 Department of Buildings 320,620 320,620 - 040 Community Development Department 31.3,705 313,705 050 059 Police Department Civil Defense 5,064,525 2,400,970 2,663,555 060 Fire Department 4,495 3,459,050 4,495 1,459,050 2,000,000 061 Fire Department - B.I.S. 392,195 392,195 - 071 Public Works - Administration 106,620 106,620 072 Engineering Division 413,360 413,360 074 Electrical Division 462,660 462,660 075 Sanitation Division 793,810 793,810 076 Streets Division 894,585 894,585 077 Sewers Division 305.,335 305,335 - 079 Construction Division 66,705 66,705 - 081 Public Prop,. & Recreation - Admin. 77,415 77,415 082 Recreation Division 294,780 294,780 087 Mall Coordinator 44,180 44,180 088 Parks Maintenance 704,090 704,090 089 Hemnens Building 218,715 218,715 190 Non - Departmental 1,756,825 1,756,825 - TOTAL - GENERAL CORPORATE PURPOSES $17,131.,520 $12,467,965 $ 4,663,555 Add: 1% for Loss of Collection 47,1'07 Total Amount To Be Raised By - - Taxation $ 4,710,662 SPECIAL CORPORATE PURPOSES 200 210 Public Benefit Tax $ Road and Bridge Fund - In 315,450 $ 35,450 $ 280,000 accordance with 1970 Con- stitution of Illinois, Art. 7 200,000 200,000 230 Community Development Grant 1,781,465 1,781,465 270 Federal Revenue Sharing Fund 867,070 867,070 - 280 Illinois Municipal Retirement Fund In accordance with the 1970 Constitu- 290 tion, Article 7 Motor Fuel 'Tax Fund 1,433,060 858,060 575,000 1,160,000 1,160,000 - 604 VOLUME X L I X Estimated Amount Receipts From SPECIAL CORPORATE PURPOSES Appropriated Other Sources 300 Corporate Bond Fund - Principal and Interest on Corporate Bonds - In accordance with provisions of Section 6, Article 7 of the Constitu- tion of Illinois 1,454,245 330 Spring St. Parking Construction 77,500 340 Park Development Fund 11000,000 350 Downtown Redevelopment Fund 1,651,835 375 Capital Imprv. - Otter Creek (City) 720,000 377 Capital Imprv. - Old Main 32,000 378 Capital Imprv. - Tyler Creek 127,845 379 Capital Imprv. - Sears Building 525,500 380 Capital Imprv. - 1983 Bond Issue 1,107,265 385 Capital Improvements Fund 2,802,490 390 Water Construction 571,255 400 Water Operating Fund 5,495,150 410 Water Improvement Fund 535,000 450 Parking Operating Fund 153,655 455 Spring St. Parking Oper. Fund 385,120 490 Parking Construction Fund 1,500 500 Cemetery Operating Fund 227,555 540 Golf Operating Fund 464,470 543 Golf Improvement Fund 75,370 570 Transportation Operating Fund 1,911,420 600 Police Pension Fund 1,485,150 610 Fire Pension Fund 1,760,700 630 Risk Management Fund 1,588,035 700 Municipal Garage - Ann St. 405,550 705 Municipal Garage - Crystal St. 565,100 TOTAL SPECIAL CORPORATE PURPOSES $ 30,880,755 Add: For Loss of Collection Total Amount To Be Raised By Taxation For Special Corporate Purposes Grand Total - Appropriation - All Purposes $ 48,012,275 Total Receipts From Sources Other Than Taxation Total To Be Raised By Taxation Add: For Loss of Collection Total Amount To Be Raised By Taxation 717,535 77,500 1,000,000 1,651,835 720,000 32,000 127,845 525,500 1,107,265 2,802,490 571,255 5,495,150 535,000 153,655 385,120 1,500 227,555 464,470 75,370 1,911,420 1,220,150 1,405,700 1,588,035 405,550 565 ,100 To Be Raised By Taxation 736,710 265,000 355,000 $28,669,045 $ 2,211,710 53,673 $41,137,010 $ 2,265,383 $ 6,875,265 100,780 $ 6,976,045 The total amount of $48,012,275 levied by this ordinance for all funds is herein itemized as follows: (Itemized amounts on the pages that follow) VOLUME XLIX CITY OF ELGIN APPROPRIATION AND MEANS OF FINANCING BUDGET FOR THE YEAR 1984 Code Number Expenditure Classification General Corporate Pur oses: 011 - Mayor and City Council 700 Salaries and Wages 7054 Pension Contributions - FICA 707 Other Employee Costs 710 Office Supplies 720 General Operating Supplies 795 Miscellaneous Supplies 820 Office Services 825 Postage and Telephone 830 Transportation, Conferences 1,360 Total Appropriation 1984 $ 9,000 630 14,70.0 1,100 90 100 8,390 395 14,410 $. 48,815 012 - Office of the City Manager 700 Salaries and Wages $ 108,710 7051 Pension Contributions - IMRF 12,590 707 Other Employee Costs 6,120 710 Office Supplies 2,260 720 General Operating Supplies 510 820 Office Services 1,360 825 Postage and Telephone 1,550 830 Transportation, Conferences 2,535 835 Training Expense 535 850 Repair and Maintenance Services 385 860 Rentals 110 882 Automobile Insurance 395 Total $ 137,060 013 - Purchasing and Research 700 Salaries and-Wages $ 64,945 7051 Pension Contributions - IMRF 8,575 707 Other Employee Costs 5,470 710 Office Supplies 1,730 820 Office Services 1,985 825 Postage and Telephone 1,555 830 Transportation, Conferences 11000 835 Training Expense 400 850 Repair and Ma i nt. Services 80 . Total $ 85,740 .R. Estimated Receipts From Sources Other Than Taxation To Be Raised By Taxation $ 9,000 $ - 630 - 14,700 - 1,100 - 90 - 100 - 8,390 - 395 - 14,410 - $ $ 108,710 $ - 12,590 - 6,120 - 2,260 - 510 - 1,360 - 1,550 - 2,535 535 - 385 - 110 - 395 - 137,060 $ - $ 64,945 $ - 8,575 - 5,470 - 1,730 - 1,985 - 1,555 - 1,000 - 400 - 80 - $ 85,740 014 - Personnel and Administrative Services 700 Salaries and Wages $ 79,495 $ 7051 Pension Contributions - IMRF 10,050 7054 Pension Contributions - FICA 410 79,495 10,050 410 .t. VOLUME XLIX Code Number Expenditure Classification General Corporate Purposes: 014 - Personnel and Admin. Services Appropriation 1984 (coned.) 707 Other Employee Costs 7,875 710 Office Supplies 2,430 800 Professional Services 26,500 820 Office Services 4,175 825 Postage and Telephone 3,210 830 Transportation, Conferences 1,200 835 Training Expense 2 X 000 850 Repair and maintenance Services 1.20 860 Rentals 500 959 Unclassified Expenditures 1,025 Postage and Telephone Total $ 138,990 Estimated From Sources Other Than Taxation 7,875 2,430 26,500 4,175 3,210 1,200 2,000 120 500 1,025 $ 138,9.90 To Be Raised By Taxation 015 - Legal Department U awes and Wages $ 27,920 700 Salaries and Wages $ 100,450 $ 100,450 $ 7051 Pension Contributions - IMRF 11,985 11,985 707 Other Employee Costs 8,015 8,015 - 709 Personal Services Recovered (5,000) (5,000) - 710 Office Supplies 5,150 5,150 - 800 Professional Services 3,000 3,000 - 820 Office Services 11010 1,010 825 Postage and Telephone 1,.275 1,275 - 830 Transportation, Conferences 2,800 2,800 835 Training Expense 500 600 850 Repair and Maintenance Services 250 250 - 970 Capital Additions 435 435 Total 129,970 $ 129,970 $ - 018 - Human Relations Commission 700 S I 019 - Boards and Commissions 9532 conomicDevelopment Comm. $ 33,500 9533 Beautification Commission 500 9534 Chamber of Commerce 28,000 9537 Sesquicentennial Commission 25,000 Total $ 87,000 $ 27,920 3,705 20 2,585 900 615 770 1,740 1,500 $ 39,755 $ 33,500 500 28,000 25,000 $ 87,000 U awes and Wages $ 27,920 7051 Pension Contributions - IMRF 3,705 7054 Pension Contributions - FICA 20 707 Other Employee Costs 2,585 710 Office Supplies 900 820 Office Services 615 825 Postage and Telephone 770 830 Transportation, Conferences 1,740 835 Training Expense 1 500 Total $ 39,755 019 - Boards and Commissions 9532 conomicDevelopment Comm. $ 33,500 9533 Beautification Commission 500 9534 Chamber of Commerce 28,000 9537 Sesquicentennial Commission 25,000 Total $ 87,000 $ 27,920 3,705 20 2,585 900 615 770 1,740 1,500 $ 39,755 $ 33,500 500 28,000 25,000 $ 87,000 VOLUME XLIX 607 Estimated From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1984 Taxation Taxation General Corporate Purposes: ----- 020 - Finance Department 700 Salaries and Wages $ 479,865 $ 479,865 $ - 7051 Pension Contributions - IMRF 62,615 62 615 - 7054 Pension Contributions - FICA 290 290 - 707 Other Employee Costs 49,975 49,975 - 710 Office Supplies 19,650 19,650 - 720 General Operating Supplies 975 975 - 740 Repair and Maintenance Supplies 25 25 - 770 Materials For Resale 400 400 - 780 Regulatory Supplies 2,625 2,625 - 800 Professional Services 18,200 18,200 - 820 Office Services 22,275 22,275 - 825 Postage and Telephone 44,100 44,100 - 830 Transportation, Conferences 2,000 2,000 - 835 Training Expense 2,300 2,300 - 850 Repair and Maintenance Services 35,550 35,550 - 860 Rentals 700 700 - 870 Miscellaneous Services 1,475 1,475 - 886 Surety Bonds 50 50 - 959 Unclassified Expenditures 1.00 100 - 960 Capital Replacements 400 400 - 970 Capital Additions 26,950 26,950 $ - Total $ 770,520 $ 770,520 $ - 030 - Building Department 700 Salaries and Wages $ 179,590 $ 179,590 $ - 7051 Pension Contributions - IMRF 22,960 22,960 - 7054 Pension Contributions - FICA 330 330 - 707 Other Employee Costs 20,210 20,210 - 709 Personal Services Recovered (13,500) (13,500) - 710 Office Supplies 920 920 - 720 General Operating Supplies 10.,190 10,190 - 740 Repair and Maintenance Supplies 16,175 16,175 799 Personal Services Recovered (8.75) (875) - 820 Office Services 340 3.40 - 825 Postage and Telephone 1,385 1,385 - 830 Transportation, Conferences 815 815 - 835 Training Expense 390 390 - 840 Utilities 34,005 34,005 - 850 Repair and Maintenance Services 17,770 17,770 - 860 Rentals 210 210 - 870 Miscellaneous Services 1,710 1,710 - 970 Capital Additions 1,650 1,650 - 980 Major Repairs 26,345 26,345 - Total $ 320,620 320,620 S - W Code Appropriation Number Expenditure Classification 1984 General Corporate Purposes: 040 - Community Development Department VOLUME XLIX Estimated From Sources Other Than Taxation To Be Raised By Taxation 700 Salaries and Wages $ 227,055 S 227,055 $ - 7051 Pension Contributions - IMRF 29,415 29,415 707 Other Employee Costs 27,39.0 27,390 710 Office Supplies 7,980 7,980 - 720 General Operating Supplies 1,425 1 425 800 Professional Services 4,350 4,350 820 Office Services 4,885 4,885 825 Postage and Telephone 2,710 2,710 - 830 Transportation, Conferences 450 450 835 Training Expense 1,600 1,600 - 850 Repair and Maintenance Services 1,130 1,130 - 882 Automobile Insurance 790 790 - 970 Capital Additions 4,525 4,525 Miscellaneous Services Total $ 313,705 $ 313,705 $ - 050 - Police Department 700 Salaries and Wages $ 3,762,735 7051 Pension Contributions - IMRF 79,745 7052 Pension Contributions - Police 259,900 7054 Pension Contributions - FICA 990 707 Other Employee Costs 464,505 710 Office Supplies 27,320 720 General Operating Supplies 139,920 740 Repair and Maintenance Supplies 1,615 795 Miscellaneous Supplies 875 800 Professional Services 18,300 820 Office Services 6,135 8.25 Postage and Telephone 31,095 830 Transportation, Conferences 3,985 835 Training Expense 16,755 840 Utilities 1,030 850 Repair and Maintenance Services 1.06,580 860 Rentals 870 870 Miscellaneous Services 14,395 882 Automobile Insurance 25,065 886 Surety Bonds 50 959 Unclassified Expenditures 5,000 960 Capital Replacements 93,590 970 Capital Additions 4,070 Total $ 5,064,525 059 - Civil Defense 795 Miscellaneous Supplies $ 250 820 Office Services 35 825 Postage and Telephone 1 X 805 830 Transportation, Conferences 200 835 Training Expense 100 840 Utilities 630 $ 11099,180 $2,663,555 79,745 - 259,900 - 990 - 464,505 - 27,320 - 139,920 - 1,615 - 875 - 18,300 - 6,135 - 31,095 - 3,985 - 16,755 1,0.30 - 106,580 - 870 - 14,395 - 25,065 - 50 - 5,000 - 93,590 - 4,070 - $ 2,400,970 2,663,555 $ 250 $ - 35 - 1,805 - 200 100 - 630 - VOLUME XLIX Code Number Expenditure Classification General Corporate Purposes: 059 - Civil Defense (contd.) 850 Repair and Maint. Services Total Appropriation 1984 .M• Estimated Receipts From Sources To Be Other Than Raised By Taxation Taxation 1,475 1.,475 - $ 4,495 $ 4,495 $ - 060 - Fire Department 700 Salaries and Wages $ 2,493,795 $ 493,795 $2,000,000 7051 Pension Contributions - lMRF 2,295 2,295 7053 Pension Contributions - Fire 563,500 563,500 - 707 Other Employee Costs 298,440 298,440 - 709 Personal Services Recovered (81,755) (81,755) 710 Office Supplies 5,595 5,595 720 General Operating Supplies 35,900 35,900 740 Repair and Maintenance Supplies 13,115 13015 - 820 Office Services 1,035 1,035 825 Postage and Telephone 9,430 9,430 - 830 Transportation, Conferences 3,110 3,110 - 835 Training Expense 13,100 13,100 840 Utilities 15,980 15,980 - 850 Repair and Maintenance Services 1.4,350 14,350 860 Rentals 540 540 870 Miscellaneous Services 4,000 4,000 - 882 Automobile insurance 4,355 4,355 960 Capital Replacements 26,015 26,015 - 970 Capital Additions 27,300 27,300 - 980 Major Repairs 8,950 8,950 Total $ 3,459,050 $ 1,459,050 $2,000 ►000 061 - Fire Department - B.I.S. 700 Salaries and Wages $ 208,520 $ 208,520 $ - 7051 Pension Contributions - IMRF 27,720 27,720 - 707 Other Employee Costs 25 985 25,985 708 Employee Transfer Charges 81,755 81,.755 - 710 Office Supplies 2,725 2,725 - 720 General Operating Supplies 3,460 3,460 - 800 Professional Services 2,300 2,300 820 Office Services 2,515 2,515 - 825 Postage and Telephone 3,185 3,185 - 830 Transportation, Conferences 730 730 835 Training Expense 1,265 1,265 850 Repair and Maintenance Services .3,640 3,640 870 Miscellaneous Services 18,690 18,690 882 Automobile Insurance 2,705 2,705 - 960 Capital Replacements 7,000 7,00.0 Total 392,195 392,1 - . t VOLUME XLIX Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1984 Taxation Taxation General Corporate Purposes; ----- - 071 - Public Works - Administration 70 O Salaries and Wages $ 8.0,945 $ 80,945 $ 7051 Pension Contributions - IMRF 9,995 9,995 - 707 Other Employee Costs 7,725 7,725 - 9930 710 Office Supplies 930 - 720 General Operating Supplies 700 700 ' 820 Office Services 280 280 825 Postage and Telephone 2,650 2,650 - 830 Transportation, Conferences 1,920 1,920 - 835 Training Expense 170 170 W 850 Repair and Maintenance Services 910 910 - 882 Automobile Insurance 395 395 Total $ 106,620 $ 106,620 $ - 072 - Engineering Division 700 Salaries and Wages $ 302,960 $ 302,960 $ - -- 7051 Pension Contributions - IMRF 38,480 38,480 -- 7054 Pension Contributions - FICA 295 295 707 Other Employee Costs 35,740 35,740 710 Office Supplies 2,465 2,465 _ 720 General Operating Supplies 6,330 6,330 -- 740 Repair and Maintenance Supplies 545 545 - 800 Professional Services 2,500 2,500 ' 820 Office Services 1,125 1,125 825 Postage and Telephone 3,395 3,395 830 Transportation, Conferences 2,105 2,105 835 Training Expense. 175 175 840 Utilities 4,635 4,635 - 850 Repair and Maintenance Services 6,080 6,080 - 870 Miscellaneous Services 75 75 882 Automobile Insurance 2,375 2,375 960 Capital Replacements 710 710 - 970 Capital Additions 370 37.0 980 Major Repairs 3,000 3,000 - Total $ 413,360 $ 413,360 - 074 - Electrical Division 700 Salaries and Wages $ 125,680 $ 125,680 $ - 7051 Pension Contributions - IMRF 16,105 16,105 7054 Pension Contributions - FICA 320 320 707 Other Employee Costs 14,720 14,720 - 709 Personal Services Recovered (10,000) (10,000) - 710 Office Supplies 40 40 720 General Operating Supplies 4,465 4,465 - 740 Repair and Maintenance Supplies 24,275 24,275 - 770 Materials For Resale 10,860 10,860 - 799 Material Costs Recovered (2,000) (2,000) 820 Office Services 50 50 _ VOLUME XLIX Code Salaries and Wages $ Appropriation !Number Expenditure Classification 1984 General Corporate Purposes: Pension Contributions - IMRF 074 - Electrical Division (contd.) 44,080 825 Postage and Telephone 550 830 Transportation, Conferences 960 840 Utilities 263,025 850 Repair and Maintenance Services 8,775 860 Rentals 200 870 Miscellaneous Services 80 882 Automobile Insurance 1,055 960 Capital Replacements 1,500 970 Capital Additions 2,000 550 - Total $ 4.62,.660 Estimated Receipts From Sources To Be Other Than Raised By Taxation Taxation 550 - 960 - 263,025 - 8,775 - 200 - 80 - 1,055 - 1,50.0 - 2,000 - $ 462,660 $ - 075 - Sanitation Division Salaries and Wages $ 501,485 $ 700 Salaries and Wages $ 336,330 $ 336,330 7051 Pension Contributions - IMRF 44,080 44,080 7054 Pension Contributions - FICA 345 345 707 Other Employee Costs 57,420 57,420 708 Employee Transfer Charges 14,800 14,800 - 720 General Operating Supplies 33,025 33,025 - 740 Repair and Maintenance Supplies 120 120 - 820 Office Services 225 225 825 Postage and Telephone 550 550 - 840 Utilities 203,760 203,760 - 850 Repair and Maintenance Services 99,115 99,11:5 870 Miscellaneous Services 280 280 882 Automobile Insurance 3,760 3,760 13,880 - 82,600 - Total $ 793,810 $ 793,810 - 076 - Streets Division 700 Salaries and Wages $ 501,485 $ 501,485 $ - 7054 Pension Contributions - IMRF 64,760 64,760 7054 Pension Contributions - FICA 480 480 707 Other Employee Costs 70,530 70,530 - - 709 Personal Services Recovered (39,800) (39,800) 720 General Operating Supplies 38,160 38,160 740 Repair and Maintenance Supplies 55,390 55,390 - 799 Material Costs Recovered (11000) (11000) 800 Professional Services 25,800 25,800 - 820 Office Services 295 295 825 Postage and Telephone 490 490 - 830 Transportation, Conferences 230 230 835 Training Expense 930 930 840 850 Utilities Repair and Maintenance Services 13,880 82,600 13,880 - 82,600 - 860 Rentals 1,090 19090 870 Miscellaneous Services 1,255 1,255 882 Automobile Insurance 6,730 6,730 960 Capital Replacements 11,380 11,380 - 612 Code Number Expenditure Classification Genera! Corporate Purposes: 076 - Street Division {contd.3 970 Capital Additions 980 Major Repairs Total VOLUME XLIX Appropriation 1984 900 59,000 $ 894,585 Estimated Receipts From Sources To Be Other Than Raised By Taxation Taxation 900 59,000 $ 894,585 077 - Sewers Division 700 Salaries and Wages $ 168,390 168,390 $ - 7051 Pension Contributions - IWIRF 22,090 22,090 - 7054 Pension Contributions - FICA 160 160 707 Other Employee Costs 21,485 21,485 - 720 General Operating Supplies 16,860 16,860 740 Repair and Maintenance Supplies 10,355 10,355 800 Professional Services 18,000 18,000 820 Office Services 325 325 825 Postage and Telephone 195 195 840 Utilities 9,160 9,160 - 850 Repair and Maintenance Services 33,650 33,650 860 Rentals 50 50 870 Miscellaneous Services 1,250 1,250 - 882 Automobile Insurance 2,175 2,175 960 Capital Replacements 1,190 1,190 Total $ 305,335 $ 3.05,335 - 079 - Construction Division - 700 Salaries and Wages $ 230,350 $ 230,350 $ 7051 Pension Contributions - IMRF 30,330 30,330 - 7054 Pension Contributions - FICA 160 160 - 707 Other Employee Costs 26,910 709 Personal Services Recovered (245,800) .26,910 (245,800) 720 General .Operating Supplies 19,905 19,905 - 740 Repair and Maintenance Supplies 2,030 2,030 799 Material Costs Recovered (18,645) (18,645) - 820 Office Services 35 830 Transportation, Conferences 15 35 15 _ 840 Utilities 4,140 4,140 850 Repair and Maintenance Services 30,900 30,900 860 Rentals 50 870 Miscellaneous Services 190 50 - 190 - 879 Contractual Costs Recovered (30,030) (30,030) 882 Automobile Insurance 3,165 3,165 - 960 Capital Replacements 13,000 13,000 Total T 66,705 66,705 - 081 - Public Property 8 Recreation - Administration 700 Salaries and Wages $ 58,510 $ 58,510 $ 7051 Pension Contributions - IMRF 7,400 7,400 707 Other Employee Costs. 5,165 5,165 710 Office Supplies 1,385 1,385 - VOLUME X E I X M Estimated Receipts Code From Sources To Be Appropriation Other Than Raised By Number Expenditure Classification 1984 Taxation Taxation General Corporate Purposes: - 081 - Public Property 8 Recreation - Admin. . 720 General Operating Supplies 640 $640 - 820 Office Services 355 355 - 825 Postage and Telephone 1,130 1,130 - 830 Transporation, Conferences 1,245 1,245 - 835 Training Expense 235 235 - 850 Repair and Maintenance Services 955 955 - 882 Automobile insurance 395 395 - Total $ 77,415 $ 77,415 $ - 082 - Recreation Division 700 Salaries and Wages $ 128,200 $ 128,200 $ - 7051 Pension Contributions - IMRF 8,420 8,420 - 7054 Pension Contributions - FICA 4,540 4,540 - 707 Other Employee Costs 10,060 10,060 - 709 Personal Services Recovered (750) (750) - 710 Office Supplies 2,590 2,590 - 720 General Operating Supplies 21,885 21,885 - 740 Repair and Maintenance Supplies 175 175 - 820 f)- --e cervices 4,610 4,610 825 Postage and Telephone 8,120 8,120 - 830 Transportation, Conferences 1,325 1,325 - 840 Utilities 13,150 13,150 - 850 Repair and Maintenance Services 1,005 1,005 - 860 Rentals 14,375 14,375 - 870 Miscellaneous Services 78,960 78,960 -.... 877 Special Events Expense (2,725) (2,725) - 882 Automobile Insurance 790 790 _ 951 Illinois State Sales Tax 50 50 - Total $ 294,780 $. 294,780 $ - 087 - Mall Coordinator 700 Salaries and Wages $ 27,620 $ 27,620 $ - 7051 Pension Contributions 3,700 3,700 _ 707 Other Employee Costs 2,570 2,570 - 708 Employee Transfer Charges 5,490 5,490 - 709 Personal Services Recovered (16,945) (1.6,945) - 710 Office Supplies 525 525 720 General Operating Supplies 835 835 - 740 Repair and Maintenance Supplies 175 175 _ 820 Office Services 12,530 12,530 - 825 Postage and Telephone 750 750 830 Transportation, Conferences 225 225 - 835 Training Expense 100 100 850 Repair and Maintenance Services 160 160 - 860 Rentals 100 100 - 870 Miscellaneous Services 6,345 6,345 - Total $ 44,180 $ 44,180 $ - 614 VOLUME XLIX Estimated Receipts From Sources Code Appropriation Other Than Number Expenditure Classification 1984 . Taxation GenArAl frirnnrA+n 088 - Parks Maintenance 700 Salaries and Wages $ 406,310 $ 406,310 7051 Pension Contributions - IMRF 51,670 51,670 7054 Pension Contributions - FICA 1,235 1,235 707 Other Employee Costs 44,405 44,405 709 Personal Services Recovered (26,105) (26,105) 710 Office Services 110 110 720 General Operating Supplies 55,510 55,510 740 Repair and Maintenance Supplies 15,450 15,450 780 Regulatory Supplies 130 130 800 Professional Services 200 200 820 Office Services 400 400 825 Postage and Telephone 3,660 3,660 830 Transportation, Conferences 1,050 1,050 835 Training Expense 740 740 840 Utilities 59,240 59,240 850 Repair and Maintenance Services 21,100 21,100 860 Rentals 250 250 870 Miscellaneous Services 3,350 3,350 882 Automobile Insurance 3,890 3,890 960 Capital Replacements 13,630 13,630 970 Capital Additions 13,765 13,765 980 Major Repairs 28,100 28,100 990 New Construction 6,000 61000 Total $ 704,090 $ 704,090 089.- Hemmens Building 700 Salaries and Wages $ 105,230 $ 105,230 7051 Pension Contributions - IMRF 11,680 11,680 7054 pension Contributions - FICA 1,220 1,220 707 Other Employee Costs 12,760 12,760 708 Employee Transfer Charges 16,945 16,94.5 709 Personal Services Recovered (5,490) (5,490) 710 Office Supplies 1,005 1,005 720 General Operating Supplies 4,070 4,070 740 Repair and Maintenance Supplies 5,570 5,570 770 Materials For Resale 11000 11000 820 Office Services 4,170 4,170 825 Postage and Telephone 4,325 4,325 830 Transportation, Conferences 1,200 1,200 835 Training Expense 40 40 840 Utilities 26,175 26,175 850 Repair and Maintenance Services 3,470 3,470 860 Rentals 100 100 870 Miscellaneous Services 5,030 5,030 To Be Raised By Taxation VOLUME XLIX Code Number Expenditure Classification General Corporate Purposes: 089 - He mnens Building (contd.) 877 Special Events Expense 960 Capital Replacements 970 Capital Additions Total Appropriation 1984 (5,02.0) 5,035 20,200 $ 218,715 615 Estimated Receipts From Sources Other Than Taxation (5,020) 5,035 20,200 $ 218,715 190 - Non - Departmental 710 Uttice upp.ies $ 2,325 $ 2,325 720 General Operating Supplies 12,615 12,615 800 Professional Services 44,100 44,100 825 Postage and Telephone 23,000 23,000 830 Transportation, Conferences 200 200 850 Repair and Maintenance Services 1,700 1,700 882 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 234,000 234,000 9197 Transfer to Cemetery Fund 7,350 7,350 950 Real Estate Taxes 500 X500 953 Contributions 1,050 1,050 9551 Working Cash Requirement 1,396,970 1,396,970 Total $ 1,756,825 $ 1,756,825 Total Appropriation $ 17,131,520 Total Estimated Revenue From Sources Other Than Taxation $ 12,467,965 Amount To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation General Corporate Purposes Special Corporate Purposes: 200 - Public Benefit Fund Installments and interest due on various Special Assessment projects as follows: Warrant Number Elgin No. 12 due on 1/2/85- S 1.,666 76 -TX -3225 due on 1/2/85 1,516 77 -TX -2747 due on 1/2/85 312,268 To Be Raised By Taxation $ - $4,653,555 47,107 $4,710,662 $ - $ 1,666 - 1,516 35,450 276,818 Total Appropriation $ 315,450 $ 35,450 $ 280,000 616 VOLUME XLIX Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1984 Taxation Taxation Special Corporate Purposes: ---- -- 200 - Public Benefit Fund (contd.) Total Revenue From Sources Other Than Taxation $ 35,450 Amount To Be Raised By Taxation $ 280,000 Add: 1% For Loss of Collection 2,828 Total Amount To Be Raised By Taxation For Public Benefit Purposes $ 282,828 210 - Road and Bridge Fund Transfer for Street 8 Bridge Repairs $ 200,000 $ 200,000 $ -- Total 200,000 $ 200,000 - 230 - Community Development Grant 919 Miscellaneous Transfers. $ 136,980 $ 136,980 $ - 9191 Transfer to General Fund 38,535 38,535 - 952 Rehabilitation Loans or Grants 197,235 197,235 9541 CBD Rehabilitation Loans 225,000 225,000 - 9707 7th Year Grant Projects 95,165 95,165 - 9708 8th Year Grant Projects 178,855 178,855 - 9709 9th Year Grant Projects 350,905 350,905 - 9901 10th Year Grant Projects 558,790 558,790 Total $ 1,781,46.5 $ 19781,465 $ - 270 - Federal Revenue Sharin 9193 Transfer to Tyler Creek Fd. $ 127,845 $ 127,845 $ - 9194 Transfer to Cap. Imprv. Fd. 602,000 602,000 9199 Transfer to Downtown Re- development Fund 75,000 75,000 955 Contingencies 62,225 62,225 - Total $ 867,070 $ 867,070 $ - 280 - Illinois Municipal Retirement Fund All such monies as the law provides that shall be paid to Municipal Re- tirement Fund $ 1,433,060 $ 858,060 Total Appropriation $ 1,433,060 Total Revenues From Sources Other Than Taxation $ 858,060 Amount To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation For Municipal Retirement Fund $ 575,000 $ 575,000 5_RnR $ 580,808 r VOLUME XLIX Code Humber Expenditure Classification Special Corporate Purposes: 290 - Motor Fuel Tax Fund 761 Premix 764 Salt 855 Seal Coat 857 Street Resurfacing Total Capital Expenditures 990 New Construction 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 1984 617 Estimated Receipts From Sources Other Than Taxation To Be Raised By Taxation $ 60,000 $ 60,000 $ - 65,000 65,000 55,000 55,000 - 250,000 250,000 - $ 430,000 $ 430,000 $ - $ 30,000 $ 30,000 $ - 135,000 135,000 - 125,000 125,000 - 7,500 7,500 - 150,000 150,000 - 75,000 75,000 - 20,000 20,000 - 7,500 7,500 - 53,000 53,000 - 42,500 42,500 - 22,500 22,500 - $ 6.68,000 $ 668,000 $ 42,000 $ 42,000 $ - $ 20,000 $ 20,000 $ - 1,160,000 $ 1,160,000 $ - $ 830,000 $ 300,000 $ 530,000 624,245 377,732 246,513 $ 1,454,245 $ 1,454,245 Amount To Be Raised By Taxation Less: Estimated Property Tax Replacement Add: 5% For Loss of Collection Total Amount To Be Raised By Taxation For Corporate Bond Purposes $ 677,732 $ 776,513 39,803 736,710 38,774 $ 775,484 Interfund Transfers 920 Catch Basins 922 Premix Patching 923 Snow and Ice Control 924 Storm Sewers 925 Street Resurfacing 926 Tree Trimming 927 Maintenance Engineering 928 Traffic Markings 929 Traffic Lights- Energy 930 Traffic Lights - Labor 937 Curbs and Gutters Total Other Char es 955 Contingencies Capital Expenditures 990 New Construction 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 1984 617 Estimated Receipts From Sources Other Than Taxation To Be Raised By Taxation $ 60,000 $ 60,000 $ - 65,000 65,000 55,000 55,000 - 250,000 250,000 - $ 430,000 $ 430,000 $ - $ 30,000 $ 30,000 $ - 135,000 135,000 - 125,000 125,000 - 7,500 7,500 - 150,000 150,000 - 75,000 75,000 - 20,000 20,000 - 7,500 7,500 - 53,000 53,000 - 42,500 42,500 - 22,500 22,500 - $ 6.68,000 $ 668,000 $ 42,000 $ 42,000 $ - $ 20,000 $ 20,000 $ - 1,160,000 $ 1,160,000 $ - $ 830,000 $ 300,000 $ 530,000 624,245 377,732 246,513 $ 1,454,245 $ 1,454,245 Amount To Be Raised By Taxation Less: Estimated Property Tax Replacement Add: 5% For Loss of Collection Total Amount To Be Raised By Taxation For Corporate Bond Purposes $ 677,732 $ 776,513 39,803 736,710 38,774 $ 775,484 M• s VOLUME XLIX Code Appropriation Number Expenditure Classification 1984 Special Corporate Purposes: 330 - Spring Street Parkin Construction 912 Transfer For Financing $ 70,000 990 New Construction 7,500 Total $- ---77,500 Estimated Receipts From Sources To Be. Other Than Raised By Taxation Taxation $ 70,000 $ - 7,500 - $ 77,500 $ = 340 - Park Development Fund 990 New Construction $ 1,000,000 $ 12000,000 $ - 350 - Downtown Redevelopment Fund 840 Utilities $ 1,350 $ 1,350 $ - 870 Miscellaneous Services 25,250 980 25,250 990 890 Boiler Insurance 200 200 - 9011 Principal - 1983 Corp. Purpose 145,350 145,350 - 955 Contingencies 24,685 24,685 990 New Construction i,455,000 1,455,,000 - Total $ 1,651,835 $ 1,651,835 $ - 375 - Capital Improvements - Otter Creek (City) 990 New Construction $ 720,000 $ 720,000 $ 377 - Capita! Improvements - Old Main 980 Major Repairs $ 32,000 $ 32,000 $ - 378 - Capital lmp.rovements - Ty ! er Creek 990 New Construction $ 127,845 $ 127,845 $ - 379 -_Capital Improvements - Sears Buildin 955 Cont I nge.nc i es T'525,500 $ 525,500 $ - 380 - Capita! Improvements - 1983 Bond Issue 955 Co ntingencies $ 103,265 $ 103,265 960 Capital Replacements 770,000 770,000 990 New Construction 234,000 234,000 Total $ 1,107,265 $ 1,107,265 385 - Capital Improvements Fund 955 Contingencies 960 Capital Replacements 970 Capital Additions 980 Major Repairs 990 New Construction Total 390 - Water Construction 9161 Transfer to Water Fund $ - $ 78,490 $ 78,490 $ - 239,750 239,750 - 25,000 25,000 - 2rO59,250 2,059,250 - 400,000 400,000 - $ 2,802,490 $ 2,802,490 - $ 480,000 $ 480,000 $ - VOLUME XLIX Code Number Expenditure Classification Special Corporate Purposes: 390 - Water Construction (contd.) 955 Contingencies 970 Capital Additions 980 Major Repairs 990 New Construction Total Appropriation 1984 . • Estimated Receipts From Sources To Be Other Than Raised By Taxation Taxation 4,465 4,465 - 30,090 30,090 - 1,700 1,700 - 55,000 55,000 - $ 571,255 $ -571,255 $ 400 - Water Operating Fund 700 Salaries and Wages $ 698,570 $ 698,570 $ - 7051 Pension Contributions - IMRF 89,500 89,500 7054 Pension Contributions - FICA 1,580 1,580 - 707 Other Employee Costs 76,775 76,775 - 710 Office Supplies 3,585 3,585 - 720 General Operating Supplies 434,845 4.34,845 - 740 Repair and Maintenance Supplies 59,705 59,705 - 770 Materials For Resale 1,500 1,500 - 800 Professional Services 44,215 44,215 820 Office Services 1,580 1,580 - 825 Postage and Telephone 10,055 10,055 - 830 Transportation, Conferences 3,625 3,625 - 835 Training Expense 2,200 2,240 840 Utilities 599,355 599,355 - 850 Repair and Maintenance Services 297,155 297,155 860 Rentals 300 300 - 870 Miscellaneous Services 17,550 17,550 - 882 Automobile Insurance 3,230 3,230 - 887 Inland Marine Insurance 4,565 4,565 - 888 Property Insurance 15,135 15.,135 890 Boiler Insurance 470 470 - Total $ 2,365,495 -$7 2,365,495 - Bonds and Interest 9031 G.O. Principal - 1976 Water $ 100,000 $ $ 9032 G.O. Principal - 1980 Water 500,000 .100,000 500,000 9036 G.O. Interest - 1976 Water 39,950 39,950 - 9037 G.O. Interest - 1980 Water 1,163,500 1,163,500 Total 1� ,803,450 $ 1,803,450 $ - Interfund Transfers 906 Transfer - Admin. Costs $ 122,500 $ 122,500 $ - 913 Transfer to Improvement Fund 48,000 48,000 917 Transfer in Lieu of Taxes 241,500 241,500 - Total $ 412,000 $ 412,000 - Other Charges 955 Contingencies $ 52,925 $ 52,925 $ 9559 Provision For Debt Service 700,000 700,000 - 620 VOLUME XLIX 450 - Parking Operatinq Fund 700 Salaries. and Wages $ 92,505 $ 92,505 $ - Estimated Pension Contributions - IMRF 12,305 1.2,305 - 707 Other Employee Costs Receipts 10,075 - Code Personal Services Recovered (18,000.) (18,000) From From Sources To Be Number Expenditure Classification 1984 Other Than Raised By Special Corporate Purposes: 1,330 1,330 Taxation Taxation -- ---- -- 400 - Water Operating (contd.) 1,750 - 825 Postage and Telephone .845 845 Total $ 752,925 $ 752,925 $ - Utilities Capital Expenditures 15,260 - 850 Repair and Maintenance Services 15,210 960 Capital Replacements $ 24,050 $ 24,050 $ - 970 Capital Additions 35,230 35,230 - 980 Major Repairs 82,000 82,000 - 990 New Construction 20,000 20,000 - Total $ 161.280 8 $ 161 , 280 $ - -- Total -Water Operating Fund $ 5,495,150 $ 5,495,150 $ _ 410 - Water Improvement Fund - 955 Con tingencien� $ 535,000 $ 535,000 $ 450 - Parking Operatinq Fund 700 Salaries. and Wages $ 92,505 $ 92,505 $ - 7051 Pension Contributions - IMRF 12,305 1.2,305 - 707 Other Employee Costs 10,075 10,075 - 709 Personal Services Recovered (18,000.) (18,000) 710 Office Supplies 295 295 - 720 General Operating Supplies 1,705 1,705 - 740 Re,-;r and Maintenance Supplies 1,330 1,330 820 Office Services 1,750 1,750 - 825 Postage and Telephone .845 845 835 Training Expense 120 120 - 840 Utilities 15,260 15,260 - 850 Repair and Maintenance Services 15,210 15,210 - 860 Rentals 4,000 4,000 882 Automobile Insurance 595 595 Total T 137,995 $ 137,995 $ - interfund Transfers 906 Transfer - Admin. Costs 9196 Transfer to Parking Total Other Charges 955 Contingencies $ 1.4,850 $ 14,850 $ - 150 150 - $ 15,000 $ 15, 000 $ - $ 660 $ 660 $ - Total - Parking Operating $ 153,655 $ 153,655 $ - 455 - Spr..tng Street Parking Operatin Fund 700 Salaries and Wages $ 20,820 $ 7051 Pension Contributions - IMRF 2,770 20,820 $ - 2,770 - VOLUME XLIX 621 I:nterfund Transfers 906 Transfer - Admin. Costs Other Charges 9.55 Contingencies Total - Spring St. Parking Operating Fund 490 - Parking Construction Fund 990 New Construction 500 Cemetery Operating Fund $ 4,200 $ Estimated $ -- 12,96.5 $ Receipts Code 2,685 $ - From Sources To Be Number Expenditure Classification Appropriation 1984 Other Than Raised By Special Corporate Purposes: 720 Taxation Taxation -- ---- -� 455 - Spring Street Parking Operating {contd.) $ 707 Other Employee Costs 1,295 1,295 708 Employee Transfer Charges 18,000 18,000 - 710 Office Supplies 250 250 720 General Operating Supplies 510 - 510 - 740 Repair and Maintenance Supplies 1,205 1,205 820 Office Services 550 - 050 - 825 Postage and Telephone 1,335 1,335 840 Utilities 13,175 13,175 850 Repair and Maintenance Services 9,300 - 91300 870 Miscellaneous Services 300 300 Total $ 69,610 $ 69,610 $ - Bonds and Interest 9033 G.O. Principal - -1980 Parking $ 100,000 $ 100,000 $ 9038 G.O. Interest -1980 Parking 208,625 208,.625 Total $ 308,625 $ 308,625 $�`- I:nterfund Transfers 906 Transfer - Admin. Costs Other Charges 9.55 Contingencies Total - Spring St. Parking Operating Fund 490 - Parking Construction Fund 990 New Construction 500 Cemetery Operating Fund $ 4,200 $ 4,200 $ -- 12,96.5 $ 2,685 S 2,685 $ - 13,100 708 $ 385,120 S 385,120 $ 720 General Operating Supplies 8,955 740 $ 1,500 $ 1,500 $ o 825 Postage and Telephone 1,535 700 Salaries and Wages $ 102,825 7051 Pension Contributions - IMRF 12,96.5 7054 Pension Contributions - FICA 350 707 Other Employee Costs 13,100 708 Employee Transfer Charges 11,105 710 Office Supplies 365 720 General Operating Supplies 8,955 740 Repair and Maintenance Supplies 3,550 820 Office Services 11180 825 Postage and Telephone 1,535 S 102,825 $ - 12,965 - 350 - 13,100 - 11,105 - 365 - 8,955 - 3,550 - 1,180 - 1,535 - 622 Code Appropriation Number Expenditure Classification 1984 Special Corporate Purposes: 500 - Cemetery Operating Fund (contd.) 830 T VOLUME XLIX Estimated Receipts From Sources Other Than Taxation To Be Raised By Taxation ransportation, Conferences 250 250 840 Utilities 12,540 12,540 - 850 Repair and Maintenance Services 4,375 q X 37 860 Rentals 100 100 - 870 Miscellaneous Services 4,070 4,070 882 Automobile Insurance 395 395 - 887 in ?and Marine Insurance 85 85 - 888 Property Insurance 265 255 Total $ 178,010 $ 178,010 $ - In.terfund Transfers 906 Transfer - Admin. Costs $ 81100 $ 8,100 $ - Other Char es 955 Contingencies $ 31,150 $ 31,150 $ - Capital Expenditures 960 Capital Replacements $ 5,325 $ $5,325 $ - 970 Capital Additions 4,970 4,970 _ Total $ 10,295 $ 10,295- $ - Total Cemetery Operating $ 227,555 $ 227,555 $ - 540 - Golf Operating Fund 700 Salaries and Wages $ 173,745 $ 173,745 $ _ 7051 Pension Contributions - IMRF 19,415 19,415 - 7054 Pension Contributions - FICA 1,950 1,950 - 707 Insurance Charges 17,410 17,410 - 710 Office Supplies 120 120 - 720 General Operating Supplies 27,225 27,225 - 740 Repair and Maintenance Supplies 11,000 111000 - 795 Miscellaneous Supplies 100 100 820 Office Services 1,690 1,690 - 825 Postage and Telephone 2,655 2,655 - 830 Transportation, Conferences 956 950 835 Training Expense 60 60 - 840 Utilities 17,470 17,470 - 850 Repair and Maintenance Services 5,150 5,150 - 860 Rentals 450 450 - 870 Miscellaneous Services 675 675 - 88.2 Automobile insurance 530 530 - 883 Liability Insurance 985 985 887 Inland Marine Insurance 285 285 - 888 Property Insurance 485 485 890 Boiler Insurance 250 250 - Total $ 282,600 $ 282.600 g - VOLUME XLIX Code Number Expenditure Classification 5peCial Corporate Purposes: 540 - Golf Operating Fund (contd.) lnterfund Transfers 906 Transfer - Admin. Costs 913 Transfer to Improvement Fd. 9191 Transfer to General Fund Total 623 Estimated Receipts From Sources To Be Appropriation OtherThan Raised By 1984 _ Taxation Taxation $ 13,500 $ 13,500 $ - 50,000 50,000 - 50,000 50,000 - $ 113,500 $ 113,500 $ - Other Charges 17,735 $ 951 Illinois State Sales Tax $ 5,625 $ 5,625 $ - 955 Contingencies 7,745 7,745 4 9559 Provisions For Debt Service 55,000 55,000 Total $ 68,370 $ 68,370 Total Golf Operating $ 464,470 $ 464,470 $ - 543 - Golf Improvement Fund Other Charges 955 7ront ingencies - Cap: -al Expenditures 960 Cap =al Replacements 970 Capital Additions 980 Major Repairs Total Total Golf Improvement 570 - Transportation Operating Fund $ 17,735 $ 17,735 $ - Pension Contributions - IMRF 127,065 7054 $ 37,935 $ 37,935 $ - 120,145 2,250 Office Supplies 2,250 - 720 17,450 3,360 17,450 - $ 57,635 $ 57,635 - 9,950 820 $ 75,370 $ 75,370 $ - 4,525 830 700 Salaries and Wages $ 963,280 7051 Pension Contributions - IMRF 127,065 7054 Pension Contributions - FICA 535 707 Other Employee Costs 120,145 710 Office Supplies 2,120 720 General Operating Supplies 3,360 740 Repair and Maintenance Supplies 450 800 Professional Services 9,950 820 Office Services 19,175 825 Postage and Telephone 4,525 830 Transportation, Conferences 1,525 835 Training Expense 250 840 Utilities 24,015 850 Repair and Maintenance Services 567,780 860 Rentals 12,250 870 Miscellaneous Services 4,710 887 Inland Marine insurance 10 888 Property Insurance 525 $ 963,280 $ - 127.,065 - 53 5 - 120,145 - 2,120 - 3,360 - 450 - 9,950 - 19,175 - 4,525 - 1,525 - 250 - 24,015 - 567,780 - 12,250 - 4,710 - 10 - 525 - 624 VOLUME XLIX Code Appropriation Number Expenditure Classification 1984 Special Corporate Purposes: 570 - Transportation Operating (contd.) 890 Boiler Insurance 250 Total $ 1,861,920 Estimated Receipts From Sources To Be Other Than Raised By Taxation Taxation 250 - $ 1,861,920 $ - interfund Transfers 906 Transfer - Admin. Costs $ 44,000 $ 44,000 $ - Capital Expenditures 970 Capital Additions $ 5,500 $ 5,500 $ - Total - Transportation Operating $ 1,911,420 $ 1,911,420 $ - 600.- Police Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 1,485,150 $ 1,220,150 $ 265,000 Total Appropriation $ 1,485,150 Total Revenues From Sources Other Than Taxation Amount To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation For Police Pension Purposes 610 - Fire Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 1,760,700 Total Appropriation $ 1,760,700 Total Revenues From Sources Other Than Taxation $ 1,220,1.50 $ 265,000 $ 267,677 $ 1,405,700 $ 355.0nn Amount To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation For Firemen's Pension Purposes 630 - Risk Management Fund 80O Professional Services $ 56,125 $ $ 1,405,700 $ 355,000 $ 358,586 56,125 $ - VOLUME X L I X Code Appropriation Number Expenditure Classification 1984 Special Corporate Purposes: 630 - Risk Management Fund (contd.) 625 Estimated Receipts From Sources Other Than Taxation To Be Raised By Taxation 850 Repair and Maintenance Services 20,000 20,000 - 871 Medical Insurance 97,720 97,720 - 872 Life Insurance 21,925 21,925 - 880 Public Official Liability 9,155 9,155 - 881 Workers Compensation 44,990 44,990 - 882 Automobile Insurance 11,170 11,170 - 883 Liability Insurance 49,815 49,815 - 884 Umbrella Liability Insurance 20,195 20,195 - 885 Self Insurance Bond 750 750 - 886 Surety Bonds. 325 325 887 Inland Marine Insurance 17,000 17,000 - 888 Property Insurance 41 -,445 41,445 - 889 Crime and Faithful Performance 1,575 1,575 - 890 Boiler Insurance 10,150 10,150 - 891 Workmens Compensation Claims 250,000 250,000 - 892 General Liability Claims 35,000 35,000 - 893 Auto Liability -- Bodily Injury 10,000 10,000 - 894 Auto Liability - Property Damage 10,.000 10,000 - 896 Auto - Physical Damage 5,000 5,000 - 897 Miscellaneous Insurance Claims 10,000 10,000 - 898 Medical Claims 720,000 720,000 - Total $ 1,442,340 $ 1,442,340 - Other Charges 955 Contingencies $ 145,695 $ 145,695 $ - Total - Risk Management $ 1,588,035 $ 1,588,035 $ - 700 - Municipal Garage Fund - Ann Street 700 Salaries and Wages $ 176,005 $ 176,005 $ - 7051 Pension Contributions - IMRF 23,350 23,350 - 707 Other Employee Costs 20,605 20,605 - 709 Personal Services Recovered (29,300) (29,300) - 710 Office Supplies 300 300 - 720 General Office Supplies 12,000 12,000 - 740 Repair and Maintenance Supplies 95,475 95,475 - 820' Office Services 725 725 - 825 Postage and Telephone 1,150 1,150 - 830 Transportation, Conferences $40 840 - 835 Training Expense 300 300 - 840 Utilities 3,025 3,025 - 850 Repair and Maintenance Services 62,500 62,500 - 860 Rentals 300 300 - 870 Miscellaneous Services 2,330 2,330 - 8.82 Automobile Insurance 660 660 - 887 Inland Marine Insurance 85 85 - 626 VOLUME XLIX Estimated Receipts From Sources To Be Code From Other Than Raised By Number Expenditure Classification 1984 Taxation Taxation Special Corporate Purposes: ---- -- 700 - Municipal Garage - Ann St. (contd.) 888 Property Insurance 45 45 Total $ 370,395 $ 370,395 $ - Interfund Transfers 906 Transfer --Admin. Costs 9191 Transfer to General Fund Total Other Charges 955 Contingencies Capital Expenditures 960 Capital Replacements $ 9,300 $ 9,300 $ - 12,900 12,900 - ' -77-'Z07- $ - $ 5,455 $ 5,455 $ - - $ 7,500 $ 7,500 $ - Total Municipal Garage - Ann Street $ 405,550 $ 405,550 $ - 705 - Municipal Garage Fund - Crystal Street 700 Salaries and Wages $ 215,450 $ 215,450 $ - 7051 Pension Contributions - IMRr 28,655 28,655 - 707 Other Employee Costs 27,160 27,160 - 708 Employee Transfer Charges 29,300 29,300 - 710 Office Supplies 65 65 - 720 General Operating Supplies 28,100 28,100 - 740 Repair and Maintenance Supplies 101,100 101,100 820 Office Services 140 140 825 Postage and Telephone 1,290 1,290 - 830 Transportation, Conferences 50 50 850 Repair and Maintenance Services 106,050 106,0.50 860 Rentals 75 75 - 870 Miscellaneous Services 4,600 4,600 887 Inland Marine Insurance 90 90 Total $ 542,125 $ 542,125 $ - Interfund Transfers 906 Transfer - Admin. Costs 9191 Transfer to General Fund Total Other Charges 955 Contingencies Total Municipal Garage - Crystal Street $ 9,300 $ 9,300 $ - 10,700 10,700 - $ 20,000 $ 20,000 $ - 2,975 $ 2,975 $ $ 565,100 $ 565,100 $ - VOLUME XLIX SECTION 2. 627 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 10th of September 1984. Passed: September 10, 1.9$4 Vote: Yeas : 6 Nays : 0 Recorded: Published: s/ Richard L. Verbic Richard L. Verbic, Mayor Attest: s/ Marie Yea man Marie Year.man, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS PROPERTY OWNERS TO PROVIDE FOR A LOCAL IMPROVEMENT ON WESTON AVENUE Councilwoman Shales made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas- Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. 628 VOLUME XLIX RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS PROPERTY OWNERS TO PROVIDE FOR A LOCAL IMPROVEMENT ON WESTON AVENUE 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 Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois; and WHEREAS, said local improvement will consist of street resurfacing and pavement, along with storm sewer, curb and gutter; and WHEREAS, the City Council of the City of Elgin desires to enter into a written agreement to pay the costs of said improvement, in lieu of making and levying a special assessment with the following owners of real property benefitted by the improvement: Name Address Mr. and Mrs. Albin R. Blietz 19 South Weston Avenue Mr. and Mrs. John S. Hart 9 South Weston Avenue Donald R. and Elinor E. Pacey 25 South Weston Avenue Velma Banke 12 North Weston Avenue John B. and Noralyn K. Canfield 1307 Larkin Avenue Marie E. Koch 18 North Weston Avenue Mr. and Mrs. Eddie R. Chamberlain 1207 Van Street Raymond and Ameda Good 29 South Weston Avenue Joseph G. Young 36 South Weston Avenue Paul Karas 26 South Weston Avenue Mr. and Mrs. James Sterricker 20 South Weston Avenue Mr. and Mrs. Gerhard Drews 14 South Weston Avenue 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 V11 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 an 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 VOLUME XLIX 629 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 necessity of a special assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Maim, Acting City Manager, and Marie Yearman, 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 to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois. BE IT FURTHER RESOLVED that these agreements shall constitute alien upon the real property described in each agreement until the sums indicated in Paragraph 4 of the agreements are paid in full. sJ Richard Le Verbic Richard L. Verb Presented: September 10, 1984 Adopted: September 10, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Y Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF U CITY ASSURANCE TESTING Councilman Gilliam made a motion, seconded by Councilwoman to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. None. Shales Nays: 630 VOLUME XLIX RESOLUTION ACCEPTING THE PROPOSAL OF QUALITY ASSURANCE TESTING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Maim, Acting,City Manager, be and is hereby authorized and directed to accept the proposal of Quality Assurance Testing for the material testing for the Weston Avenue improvement, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 14 1984 Adopted: September f0, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea mart Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING ESTABLISHMENT AND DEPOSIT OF FUNDS IN AN ESCROW AGREEMENT Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XEIX 631 RESOLUTION AUTHORIZING ESTABLISHMENT AND DEPOSIT OF FUNDS IN AN ESCROW AGREEMENT WHEREAS, the City and Elgin Airport Property, Ltd., an Illinois Limited Partnership, entered into a certain annexation agreement whereby certain properties were annexed to the City of Elgin; and WHEREAS, said agreement provided in part that the City of Elgin would contribute to the cost of certain public improvements for development of the property annexed; and WHEREAS, the City of Elgin and Elgin Airport Property, Ltd., an Illinois Limited Partnership, desires to establish an escrow agreement with the Larkin Bank pursuant to the terms of the annexation agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the form of escrow agreement attached hereto and made a part hereof is approved and that Robert 0. Malm, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby respectively .authorized and directed to execute said escrow agreement on behalf of the City of Elgin. BE IT FURTHER RESOLVED that the Finance Director be and is hereby authorized and directed to deposit the sum of $264,818.67 in the escrow account authorized by this resolution cis an advance deposit of a portion of the funds to be deposited by the City of Elgin. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 10, 1984 Adopted: September 10, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk h312 VOLUME XLIX AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Howell Tractor & Equip. .$1,802.64 Repairs to roadgrader. United Diesel Service $3,125.00 Rebuilding bus transmission. Chicago Title Insurance $1,700.00 Title searches for South Grove Avenue Redevelopment Projects. Councilman Gilliam made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales., Waters and Mayor Verbic, Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Monthly Building Permit Report for August, 1984 Park and Reclamation Commission Minutes 8/22/84 Elgin Human Relation Commission Minutes 8/7/84 Councilman Gilliam made a motion, seconded by Councilwoman Shales to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Andersen to adjourn the Council Meeting and.reconvene the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:25 p.m. Marie Yearma64 City Clerk VOLUME XLIX September 24, 1984 633 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 24, 1984 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 Harold Humbert, Chaplain for the Elgin Mental Health Center, and the Pledge of Allegiance was led by City Clerk Yearman. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: .Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman and members of staff. COMMUNICATIONS Presentation of plaque to Terrence Sterricker for the Policeman of the Year Award sponsored by the Kane County Chiefs of Police Association. Chief Baird: Officer Sterricker was one of three officers.-that were presented with the Kane County Officer of the Year Award. In 1983 Officer Sterricker received four letters of appreciation. One for a robbery, one for a theft, one for a burglary, and the reason he is being so honored this evening involved a home invasion and a subsequent rape. It is my privilege to present the Officer of the Year Award to Terry Sterricker on behalf of the Batavia Moose Lodge and the Kane County Chiefs. Mayor Verbic: Congratulations Terrence and Mrs. Sterricker, we appreciate your fine contribution to all and for all the citizens of Elgin. Your deeds have not gone unknown and I think that the honor bestowed upon you tonight is a wonderful one for you to receive. BIDS FOR THE SALE OF PROPERTY AT IROQUOIS AND CONGDON AVENUE Mike Sarro: I am here to report that there were no bids received on the sale of this property, so there is none to accept or reject. I would ask that you give us a couple of weeks to evaluate our options and then come back to you with our recommendations on how to proceed with the sale. 634 VOLUME XLIX BID AWARDED FOR WING PARK TENNIS COURT RESURFACING Councilman Hansen made a motion, seconded by Councilwoman Shales to award the bid for the Wing Park Tennis Court re- surfacing to the low bidder, M -C Sport Systems for a total amount of $19,002.00. Councilman Schmidt: Is this work to be done before winter sets in or are we going to wait until Spring. Mike Sarro: Well I think weather permitting they are hoping that this work will be done this year, although that is some- thing that Engineering will have to sit down and discuss with the winning bidder, but I think the hope is that it be done this Fall. Councilman Schmidt: I was just thinking why let the snow set. on it this winter if there is only six weeks left, why not wait until Spring. Mayor Verbic: Might be a very good approach if the contract would hold for that period of time. it probably would be the best thing to do. Councilman Schmidt: If the contract would hold I would feel much better about it. Mike Sarro: We could have Engineering discuss that with the contractor at their pre - construction meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ENGINEERING BUILDING DOOR AND FR ME REPLACEMENT Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for the Engineering Building door and frame replacement to the low responsive bidder., W. F. Wetzel Const- ruction Corporation for a total amount of $2,540.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR SNOW PLOW BLADES Mayor Verbic: As you will notice we make the award for Items I and 2 to the low responsive bidder, Steve's Equipment Service. Robert Malm: Right, then the second items have to be drawn by chance, at least that is what we are recommending, on a tie bid that a method of chance be used to break the tie. VOLUME XLIX 635 Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for the metal grader and undercarriage snow plow blades to the low responsive bidder, Steve's Equipment, for a total amount of $726.35 . Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Councilman Gilliam made a motion, seconded by Councilman Schmidt to award the bid to Hopkins Road Equipment for rubber blades in the total amount of $1,908.00. This bid was selected by a lot drawing by the Council. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR WATER TREATMENT CHEMICALS Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for water chemicals as recommended by the Purchasing Director in his memorandum dated September 20, 1984. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR WATER AND SEWER PIPE FOR SOFTBALL COMPLEX Robert Malm: The funds to pay for this will come from the Softball Raffle receipts. These matters were discussed at the Parks and Reclamation Meeting a week ago and they recommended that we proceed with installing the sewer line as well as the irrigation system and pursuant to that direction that is why the bids were taken. Mike Sarro: This work is scheduled to be done the beginning of next week. As you will recall the bids that I have in the last paragraph that we awarded the 27th of August for the 6" watermain, which was bringing the water to the site, that work was begun on the 6th of September and was completed last Thursday. The water portion of this bid would be the extension of that from the concession area to the various points on the field and then the sewer line from the concession area to tie in with the big sewer line and that work is scheduled to be begun next week. Councilman Hansen made a motion, seconded by Councilwoman Shales to award the bid to the low bidder, Joseph D. Foreman & Company, for the total amount of $8,043.84. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 636 VOLUME XLIX RESOLUTION ADOPTED EXPRESSING APPRECIATION TO JOHN AND JUDY WASHBURN Gil Nore, Chairman of the Elgin Beautification Commission read the foregoing Resolution. Mayor Verbic; Thank you very much Gil, and congratulations to Judy and John Washburn for all their help and for what they have accomplished on behalf of the citizens of Elgin. Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic, Nays: None. VOLUME XLIX 637 RESOLUTION EXPRESSING APPRECIATION TO JOHN AND JUDY WASHBURN WHEREAS, John Washburn and Judy Washburn have contributed extensive amounts of their time and efforts to improving and enhancing the Trout Park Nature Preserve (hereafter Preseve); and WHEREAS, John Washburn and Judy Washburn have been active, participating members of the Friends of Trout Park Nature Preserve (hereafter Friends), an organization dedicated to the betterment of the Preserve; and WHEREAS, John Washburn, as a natural resource specialist, has used his geologic knowledge to identify problems at the Preserve and implement solutions therefor; and WHEREAS, John Washburn has agreed to serve as chairman of the Friends and as the official volunteer steward for the Preserve under The Nature Conservancy and the Illinois Nature Preserve Commission Stewardship Program which was or to help monitor the conditions of the state's nature preserves; and WHEREAS, in such capacity John Washburn has reported quarterly on the activities of the Friends and the condition of the Preserve, which reports have resulted in various commendations for the reports themselves and the Preserve as well as the activities of the Friends and the City, including a feature article on Trout Park Nature Preserve in the Illinois Nature Conservancy Newsletter; and WHEREAS, Judy Washburn is a reading specialist who has put her communcation skills to work in developing a script and slide show presentation about the Preserve; and WHEREAS, Judy Washburn also serves as secretary to the Friends. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council, on behalf of the residents of the City of Elgin, hereby expresses its sincere appreciation and gratitude to John Washburn and Judy Washburn for their tireless and dedicated efforts in support of the Trout Park Nature Preserve and The Friends of the Trout Park Nature Preserve, without whose enthusiastic support and hard work the City of Elgin and its residents would be less able to enjoy the beauty and benefits of said Nature Preserve. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 24, 1984 Adopted: September 24, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: sJ Marie Yearman Marie Yearman, City Clerk 638 VOLUME XLIX ORDINANCE PROVIDING FOR THE OPEN BURNING nF7 I FAVFS Mayor Verbic: I have been against the burning of leaves, I feel that being in the health profession that at this particular time tradition is out of step with the knowledge which is so apparent to all of us who realize the problems that we do have from burning the leaves. it is a fairly recognizable fact that ten per cent of our population and ten per cent of the citizens of Elgin have respiratory problems, either asthma or hayfever. it is also a recognized fact that the burning of leaves produce carcinogens which are the forefront of cancer forming items that can occur in a human. It is also a well know fact that youngsters in the pre - school age are the ones who have a problem and are prone to cronic bronchitis. We all know there is a safety factor when it comes to wind and burning. We also know that streets are damaged by people using them for the burning of leaves. These are lust some of the reasons which. I have formulated on the subject and 1 feel that most of the cities now, especially northeastern Illinois, are .very adamant about being against the burning of leaves. This year we thought about eliminating the burning of leaves but due to the fact that we could not get the proper equipment, we do not have any alternative but to go ahead and burn this year, must to the dismay of some of the Council members and other people who have objected to us. I certainly hope that the Council makes a concerted effort right after the first of the year to include this equipment in the 1985 budget because I feel that with the health factor this is no longer a problem that we can ignore, Beverly Goldentstein: I left you about a month ago, much to my dismay, I should have never left you because you were going so well up that hill that we have been climbing for three years and you had voted on a complete ban of leaf burning. When I read in the newspaper tonight that you were considering a three - month leaf burning period 1 could have had a heart attack. You just cannot do that. if we have to burn leaves this year we finally have the City halfway used to the one month burn, I mean they are getting the idea now as to when it is, and there is no way you are going to inform 60,000 people about this fragmented three month leaf burn. VOLUME XLIX 639 in the first place it might work out a little bit well for the west side because the wind blows from the west and it would clean it out as you are.burning. However, I am on the eastside and I don't care to smell the westside and eastside. I am pleading with you leave it as it is, one month, and push for the complete ban of leaf burning next year. Councilwoman Shales: produce at least a h at any one time. Beverly Goldenstein• don't thank that you in other years there present burn. You don't think this would work to alf to a third less smoke in the air I think the idea is alright, but I can enforce it. From what I have seen is no way you can even enforce the Councilwoman Shales: I think the people can carry it out, as long as they understand it. If we can get some media cooperation I think we can inform the people. I was looking for a way to reduce the amount of smoke in the air and the people who burn really like to do this and it is like taking their God given right away from them. Beverly Goldenstein: Let them go out to the country, buy a half acre and burn all year. In the city of 60,000 people its absolutely ridiculous. Councilwoman Shales: That makes as much sense as people telling you that you can go into the house and shut the windows. Either one of those don't make any sense. For this one year we are trying to lessen the impact of the smoke. Carol Abrahamson, 1006 Spring St.: It is not my fault that I was born with asthma and I cannot help that I have that disease, but I think you can help the burning. I don't think I should have to sit in the house because someone wants to burn their leaves. I can't help the fact that I have asthma, but you can help the fact that there is smoke in the air. Jay Stevens, 11 Crescent St.: I would just like to ask the question why are we extending. I would like to see it banned myself because of my son's health, but why are we extending it. Councilwoman Shales: I was looking for a way to make less smoke in the air at any one time. Everybody has been burning their leaves on one or two weekends because the other weekends are raining and I was looking for a way that people could spread out and they would not have to burn all of their leaves on one weekend, they would have several months in which to burn their leaves. 640 VOLUME XLIX Leaves fall at different times, there is at least a month's difference between the first leaves that begin to fall and the last ones that fall. The way it is now we are waiting and we are all burning at one time. Everybody in the City of Elgin is burning at one time and 1 was just looking for a way where fewer people would be burning at one time, and perhaps we would not even notice the smoke in the air. Jay Stevens: Do you really believe that somebody is going to spread out burning leaves from the middle of October to the middle of December. Councilwoman Shales: I think they would be more inclined to burn when their leaves fall. Our neighbor's tree has leaves falling right now, ours won't fall for another month. Jay Stevens: I really don't think that you are looking at the problem sincerely. Councilwoman Shales: Well, 1 think it was horrible last year and I was just looking for a way around it. Councilman Gilliam: I have said all along that we should leave it the way it has been for the last four or five years. I am willing to look at the no burning next year because I think it is going to keep coming up, but I think right now we should leave it the way it has been. I think people who are effected the most by it are saying if they have to suffer suffer for a short period of time than to suffer for 3 months. Would it be possible to vote down this ordinance and make an adjustment on the following ordinance so that it would revert back to our present ordinance without getting into a lot of changes. Counsel Jentsch: If you don't pass the ordinance the present ordinance stays in effect. The following ordinance only becomes effective on January lst. Councilman Gilliam: To get this on the floor I make a motion to approve the aforementioned ordinance. Councilman Hansen: I will second that motion. Yeas: Councilmen Hansen and Shales. Nays: Councilmen Andersen, Gilliam, Schmidt, Waters and Mayor Verbic. ORDINANCE PASSED PROHIBITING OPEN BURNING OF LEAVES Mayor Verbic: This ordinance was requested by Councilman Waters and this ordinance will notgo into effect until After January 1, 1985. Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilmen Andersen and Gilliam. VOLUME XLIX Ordinance No, G45 -84 AN ORDINANCE PROHIBITING OPEN BURNING OF LEAVES 641 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 9.28.135 of Chapter 9.28 of the Elgin Municipal Code, 1976, entitled Open Burning of Leaves be and is hereby amended to read as follows: 9.28.135 Open Burning of Leaves It is unlawful for any person, firm or corporation to burn any leaves, paper, rubbish or other substances within the corporate boundaries of the City. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January I, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 24, 1984 Passed: September 24, 1984 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: s/ Marie'Yea man Marie Yearman, City Clerk 642 VOLUME XLIX PETI If1Al 2 _S� REQUEST KIrr A c r i .r T� WIT � P.��vES a i lvu )-% B-, JcR�{1 l C BUSINESS DISTRICT SPECIAL USE FOR A DAY CARE CENTER FOR PROPERTY LOCATED AT 70 N. ALFRED ST. BY LEARNING 1RCC, tlV-. - --- UCIVECU Mayor Verbic: As you will recall at our meeting two weeks ago this petition ended with a three to three vote. At that time Councilman Waters who had voted against it asked for a re- consideration of the vote and a majority of the Council voted to reconsider this Petition this evening. Charlene Pichik, 101 N. Aldine: As a neighborhood we have compiled a packet of information that you have before you, which we feel summarizes and documents our opposition to the petition for a day care center at 70 N. Alfred. We have stated since April that our neighborhood would never and will never support a second day care center in our one block area. We hope that we do not have to repeat that again. We are serious in our stand, look at our concerns and look at the long list of signatures attached to our letter. Katherine Hannell, owner and operator of the Learning Tree in Elgin: We are asking for a special use permit on property that is aready zoned business at 70 N. Alfred. We realize that you denied our first petition to rezone the property just down the street, and the message was, or the message that we thought we received was that we should be looking for property that was already zoned business. We went to some of the people who had objected. We thought we are not going to go through this petition again if we are going to have the same objections. We talked to several people and there seemed to be no objections so we went ahead with it. We asked if they had any questions. We told them what we were proposing for the facility. We cut the number of children in half - no nobody had any questions. We went ahead with this petition mostly because we are listening: to the demands of our community daily that there just is not enough day care for our children in Elgin and with this extension we would be able to take care of the much needed area of day care. Joy Koltner, 656 Bent St.: I want my children to be in a supervised area, not an empty house or out on the streets of Elgin after school. The Learning Tree staff gives that supervision and they give the care. I know when my children are there they are being cared for and they are being given a lot of love by the staff. I think that Kathy has the foresight to the needs of Elgin and to the working mothers and I feel that you should allow her to expand her services. I beg you to let her do it. VOLUME XLIX 643 Frank Viz, 91 N. Alfred: I understand all of the mothers here who think.this is a wonderful site. No one here is saying that we are against anyone expanding or getting better day care centers, that is not the issue. What we are involved in is whether or not this is the place to expand a day care center. This is already a conjested street because of Stettners, there are two doctor's offices and across the street there is a real estate office. The street is already filled with parked cars. This is not good for the residents, its just making a parking lot out of the street. Mel Schrock, investor's Home Realty: I own the property right across the street at Larkin and Alfred. I do have some facilities for rent and this past week there was a woman that came over and took a look at it and wanted it for child care. I guess I could put about 100 kids in there and she was willing to pay the rent, and it was very tempting. I called her back and said that I did not think that was the place to have a bunch of children right there on the corner.. There is just too much traffic and as.1 listen here ton.ight maybe I could stick those hundred kids in there if you are going to put in some special useage for some of this children's care. Alvin Pofahl: I have the property adjacent to this facility and if Mr. Schock's proposal goes through and he is going to 7 put in a child care center then my building is for sale and I am going to ask you to zone this as a school district and get it over with. There were promises made to me at the last meeting that I would have no noise problem is that binding on Mr. Modaff, who made that testimony, or am I back to square one. Counsel Jentsch: Mr. Modaff's intentions are not the Council's action. Mr. Pofahl: In other words once this is approved then its my problem again. The testimony was made that there would be 80 children in and out of this facility, but there is some down time during the day where this could be expanded to 160. once this is approved do we come back to you and say now it is 160 what are you going to do about it, or once its approved its approved. I think what your problem is that you don't have any ordinances to control these things. I am upset, the Hannells are upset, all the residents are upset because you have not done your homework. Councilman Schmidt: I have a statement that I would like to make. Two weeks ago I was on vacation and I came home very relaxed until I read in the newspaper, which I greatly resent Councilman Gilliam making the remark that when this is brought back on the floor that I would vote in favor of it. I resent that, we do have a code of ethics, I think you should read it Councilman Gilliam, and I also 644 VOLUME XLIX ask you Mr. Mayor why you did not call him out of order at that time. Councilman Schmidt made a motion, seconded by Councilman Gilliam to deny Petition 36 -84. Councilwoman Shales: I would just like to say one thing. If the issue tonight were the quality of the Learning Tree or the quality of the Hannells, we all agree that this is a very quality day care center and it is one that is very badly needed. The question is whether we want to grant a special use for an additional day care center on this block. As 1 read our special use ordinance, which I believe was drawn up to protect neighborhoods, because special uses are always imposed by people who do not live in the neighborhood, and when you read the petitions they are all people who support the Learning Tree Center, they are not from the neighborhood. As I read our special use ordinance I feel that we cannot say to this neighborhood you have done such a good job of living with your special use that we are going to reward you in our wisdom by giving you another special use, and that is where I am coming from. Councilman Hansen: This particular issue gives all of us, at least six of us, a chance to vote on this twice, and I have spent more time on this issue than 1 have on others. I went back to this location twice since our last Council meeting to try and get a better feel of it and I finally had to put myself in the shoes of a neighbor and I asked myself would I want another one like this in my neighborhood and I had to come to the conclusion that no I would not. Along with Mrs. Shales I am also for children, but I also want them in a setting where they are welcome in the neighborhood. So I am in one of the few times in my Council career going to change my vote. Mayor Verbic: If there are no further statements 1 am going to ask the Clerk to call the roll. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, and Waters. Nays: Mayor Verbic. PETITION 39-84 REQUESTING A REZONING FROM B -1 COMMUNITY BUSINESS DISTRICT TO B- SERVICE BUSINESS DISTRICT PROPERTY LOCATED ATM— DUNDEE AVENUE - - - - - -- DENIED Jerry Deering: The petition concerns property on the eastside of Dundee between Columbia and Lincoln. The property is improved with a masonry structure, formerly used by the Social Security Office. VOLUME XLIX 645 At its regular meeting of September 4, 1984, the Land Use Committee recommended denial of Petition 39 -84. William B. O'Rourke: I will be happy to answer any questions. Basically what we intend to use the facilit for is a storage consignment sales, two thirds of the area, 800 square feet. The balance of the area would be for a service, parts sales, and restoration facility. We are buying the property that the building occupies, we have a 15 foot easement to the south of that building, which gives us access to parking lot that l am told holds 9 cars. I have one employee, we will only have 2 cars, occasional customer visiting and I am sure the parking will be adequate. The facility does need some work, we are planning on spending about $30,000 improving the facility and some of those dollars will go towards the suggestions that the City has recommended. Councilman Gilliam: Why would you want`to put a restoration garage in a semi - business, close to residential area. Mr. O'Rourke: Well we do consider it to be a business, it does have business zoning now. There are very few buildings available in Elgin that have the type of zoning that the City tells me is required. There are many, many office buildings for rent in Elgin. This building has been on the market for 4 years, it has remained vacant all during that period of time and it has been marketed as an office building, it is very suitable for the business that we have in mind. Councilman Hansen: If I understand your operation correctly from the transcript it will not generate a lot of traffic, either automobile or foot traffic. Mr. O'Rourke: No, we generallyhave about 6 or 8 customers per year and we are dealing in custom restored or custom made automobiles, the cost depending upon the amount of work that we do, between $5,000 and $50,000. Its all hand work, its all to a very high degree of perfection, people come to us past many other auto service facilities because they are looking for that profession, so there is a very minimal amount of traffic. Councilwoman Shales: I would really like to allow this use but not open it up to the other B -3 uses. However, I don't believe that we are able to do that.. Is there any way that we could allow this particular B -3 Use without the B -3 zoning. Jerry Deering: The only way that we could do it would be to create a new specific permitted use in the B -1 district. A text amendment that would require a public hearing by the Planning Committee and then back to the City Council. Councilwoman Shales: I think one of the valid objections has been that in giving a B -3 zoning opens it up to a lot of other uses that may not be appropriate. 1 think this use would probably be a good one, as I understand his business, but opening it up to B -3 zoning would allow eventually, who knows 646 what kind of use there. VOLUME XLIX Mayor Verbic: We must remember that once anyone puts in $30,000 into a building he certainly has a special use for it. I would almost say that if anybody put that kind of money into a specialized type of remodeling the chances are the next owner or user would probably use it for the same purpose. This certainly is not an offensive type of business and it is one where a building has been unoccupied for 3 or 4 years, and I think the improvements that he is going to put in it will certainly be a lot better than what I see each day as I go past it. Councilman Andersen made a motion, seconded by Councilman Hansen to approve Petition 39 -84. Ted Morris., 491 Lincoln: l have a petition here that we got up from among the neighbors, there are 80 names against this re- zoning. We are particulary concerned with what come in after Mr. O'Rourke. As he said he does not have a lease on life and once this is zoned B -3 that's it, its very hard to get something changed to a more restrictive use. We are concerned that because he is rezoning to 13 -3 he will have a very valuable piece of property and he will be able to sell this property off as a profit. We also feel this would devaluate the neighborhood, B -3 opens the way to a lot of businesses which are not meant to mix with residential neighborhood. The proper- ties immediately adjoining back of this property are all residential, on either side there is B -1 zoning, making this B -3 spot zoning. Lyle Brown, representing Mr. Edmund Haas, owner of the property: First of all let me correct a misunderstanding on behalf of one of the neighbors there and that is that the vacant lot to the south of the building is not the subject matter either of this petition for rezoning or the sale. The relegation of a business use to a B -1 or B -3 catagory, as I understand it, is that the use falls in a non - catagory so the limitations and the factors that will continue to be limitations on this particular property if it is zoned B -3 are all of the other restraints that are applicable to a B -3 use. As you go down the B -3 uses, if there are one or two that someone may feel objectionable, there are a number of reasons why these probably could not be applicable to the property. Either for inadequate off - street parking, there is adequate parking for this use and for the number of people involved, but for many other B -3 uses there would not be. Size of floor area, ground area ratio, there are a number of built in factors in your B -3 ordinance that would further limit those uses. VOLUME XL1X 647 Most importantly, I think that one of the considerations that the Council should consider at this point is the fact that what we don't need is one more vacant,'unoccupiied, non- productive piece of real estate in an area that is primarily business. Now if there is a petition where 80 people are objecting to this that is quite frankly ludicrous. There may be five houses that have a view of the property. Although the social security people have been out of there for some 3: years the property has been merchandised for rent or for sale for almost any possible use without any success for at least 32 years, and we feel that we now have a viable buyer with a viable business and the capital to make the interior and exterior improvements that are necessary. We think this can only be a plus. We feel that would have a minimum impact and probably a more favorable impact on the neighbors, and after 31, years we feel it would be a step forward to get something in there that is producing jobs and revenue and giving an appearance of being lived in. The worse curse of Dundee Avenue is, in addition to the signs, would be the vacancies. Here we are going to put somebody to work and we are going to put in a viable business and I think that should play heavily in the consideration of this petition. George Meuser: My property is the most effected because the parking space that is now available is immediately in my back - yard. I have no objection, I know Bill O'Rourke and I know the type of business he does, he does a terrific job, but am of the same opinion once this spot zoning is made and Mr. O'Rourke should decide he has had enough of this anything could come in there. Under Section 13 Section 19.30.020 permitted business district is garages, public limited auto vehicles of four ton= load capacity or body repair and painting as an incidental to use. Now I am sure that painting is a vital cars and not just an incidental paint job. uses in B -3 to servicing .ender, including the principal part of restoring Paul Richards: I have a business at 741 Dundee and my question is how is Mr. O'Rourke going to help this Dundee corridor. His business is obviously not compatible with the residences. We are chasing all of our good people out of our residential community and as our residential community goes so does our business community go. Mayor Verbic: If there is no further discussion I will have the Clerk call the roll. Yeas: Councilmen Andersen, Hansen and Mayor Verbic. Nays: Councilmen Gilliam, Schmidt, Shales and Waters. M. VOLUME XLIX Councilman Hansen: I think this at least points out a weakness in our zoning system which I would like to have staff address. When you have a business that everyone says will work there but it is not permitted in a B -1. I think we have lost the chance to have that building occupied in a productive way and kept on the tax rolls, and I think it is probably the result of just not having that kind of business described in our zoning law. I would respectfully request from the staff a report back in two weeks on that problem. I think we also have a problem on day care centers. I would presume that you would have to change the ordinance to describe the business and add it to B -1. Jerry Deering: If the Council wants we can file a petition to add a use to the B -1 district. Councilman Waters: I don't think a regular meeting is the time to be discussing this issue and I think there would be support from the Council for what Councilman Hansen is suggesting, but I think it should be put on the agenda for the Committee of the Whole. Mayor Verbic: We can address this at the next Committee of the Whole Meeting. PETITION 38 -84 REOUFI;TIN Jerry Deering: Petition 38 -84 concerns the property located at the northwest corner of Dundee Avenue and Algona. The subject property is improved with a commercial structure and has accessory off- street parking. At its regular meeting of September 4, 1984, the Land Use Committee recommended the approval of this requested special use for a church. Councilman Gilliam made a motion, seconded by Councilman Waters to approved Petition 38 -84. Councilman Schmidt: Has'nt this property been used right along as a church. Councilman Andersen: They have been in there for a couple of years. Attorney Bazos; They have been tenants and now that they are purchasing the building they became aware of the zoning requirement, but you are correct the use has been there and it has not caused any difficulty in the neighborhood. VOLUME XLIX 649 Mayor Verbic: If there is no further discussion will the Clerk call the roll. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT AT JEFFERSON AVENUE AND WAVERLY DRIVE Councilman Hansen 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. 650 VOLUME XLIX Ordinance No. G49 -84 AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT AT JEFFERSON AVENUE AND WAVERLY DRIVE WHEREAS, written application has been made for a special use for a residential planned unit development in an R--4 General Residence District, located in the vicinity of Jefferson Avenue and Waverly Drive; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has recommended granting a Special use for a residential 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 recommendations. 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 residential planned unit development at Jefferson Avenue and Waverly Drive, Elgin, Illinois, legally described as follows: Parcel I and 2 of Amended Plat of Highfield Place, being a Subdivision of the South Half of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian in the City of Elgin, Cook County, Illinois. be and is hereby granted subject to the following conditions: 1. Revisions to the Preliminary Site Plan prepared by Burnidge, Cassell and Associates. 2. Substantial conformance to the revised Preliminary Site Plan prepared by Burnidge, Cassell and Associates, dated July 20, 1984. 3. Substantial conformance to the Building Elevation prepared by Burnidge, Cassell and Associates. 4. Existing healthy vegetation is to be maintained and preserved, excepting that existing vegetation in conflict with building sites or the location of required site improvements. 5. A park site cash contribution in the amount of $9,233.14 payable prior to the issuance of a building permit. 6. A school site cash contribution in the amount of $1,392.51 payable prior to the issuance of a building permit. VOLUME XEIX 651 7. Submission and approval of final engineering plans and specifications along with the required completion bond. B. 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: September 24, 1984 Passed: September 24, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 880 AND EAST CHICAGO STREET FROM B-3 SERVICE BUSINESS DISTRICT AND R-2 SINGLE FAMILY RESIDENCE DISTRICT TO B- GENERAL BUSINESS DISTRICT 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. 652 VOLUME XLIX Ordinance No. G50 -84 AN ORDINANCE RECLASSIFYING PROPERTY AT 880 AND 888 EAST CHICAGO STREET FROM B -3 SERVICE BUSINESS DISTRICT AND R -2 SINGLE FAMILY RESIDENCE DISTRICT TO B -4 GENERAL BUSINESS DISTRICT WHEREAS, written application has been made to reclassify certain property located at 880 and 888 East Chicago Street from B -3 Service Business District and R -2 Single Family Residence District to B -4 General Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings 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 some 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 R -2 Single Family Residence District and including in the B -4 General Business District, the following described property: Of Talon's Subdivision, being a subdivision of Lot 17 of the County Clerk's Subdivision of unsubdivided lands in the South half of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, according to the Plat thereof recorded in the Recorder's Office of Cook County, Illinois on January 13, 1969 as Document No. 20726225. Being situated in the City of Elgin, Cook County, Illinois." Section 2. That this ordinance shall be in full force and .effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX 653 Presented: September 24, 1984 Passed: September 24, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY .-.V I V1\ 10,4u U I .7 i n[ is [ 1U D---) SERVICE BU- SINESS DISTRICT Councilman Waters made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor f Verbic. Nays: None. 654 VOLUME XLIX Ordinance No. G51 --84 AN ORDINANCE RECLASSIFYING PROPERTY AT 1 190 NORTH McLEAN BOULEVARD FROM M -1 LIMITED MANUFACTURING DISTRICT TO B -3 SERVICE BUSINESS DISTRICT WHEREAS, written application has been made to reclassify certain property located at 1 190 North McLean Boulevard from M -1 Limited ,Manufacturing District to B -3 Service Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings 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 some 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.M -I Limited Manufacturing District and including in the B -3 Service Business District, the following described property: That part of Sections 3, 4 and 10, Township 41 North, Range 8 East of the Third Principal Meridian, being part of property described in deed recorded May 13, 1947 as Document No. 580786, described as follows: Commencing at the intersection of the center line of McLean Boulevard (formerly Sleepy Hollow Road or Crystal Lake Road) and the North right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Northerly along the center line of said Boulevard, a distance of 1,307.23 feet for a point of beginning; thence Westerly, parallel with the North right of way line of said Railroad, a distance of 330.44 feet; thence Northerly, parallel with the center line of said Boulevard a distance of 300.0 feet; thence Easterly parallel with the North right of way line of said Railroad, a distance of 330.44 feet to the center line of said Boulevard; thence Southerly along said center line, a distance of 300.0 feet to the point of beginning, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX Presented: September 24, 1984 Passed: September 24, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: O-CZ'9 s/ Marie Yea man Marie Yearman, City Clerk 655 ORDINANCE PASSED AUTHORIZING THE ISSUANCE AND SALE OF A S 1 .000-770-0 ECONnmw nF\iFi nFMFMT Councilman Gilliam 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. 656 VOLUME XL1X ORDINANCE N0. T8 -84 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF A $1,000,000 ECONOMIC DEVELOPMENT REVENUE BOND OF THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, FOR THE PURPOSE OF MAKING A LOAN TO THE APOSTOLIC CHRISTIAN RESTHAVEN IN ORDER TO FINANCE COSTS OF A CERTAIN ECONOMIC DEVELOPMENT PROJECT; AUTHORIZING THE TERMS AND SALE OF SAID BOND; AND AUTHORIZING EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. WHEREAS, the City of Elgin, Cook and Kane Counties, Illinois (the "City ") is a home rule municipality within the meaning of Section 6(a) of Article VII of the 1970 Constitution of Illinois and a political subdivision of the State of Illinois and by virtue of Ordinance No. S2 -$0, as amended and supplemented, (the "Enabling Ordinance ") is authorized and empowered to adopt this ordinance (the "Bond Ordinance ") and to carry out its provisions; and WHEREAS, The Apostolic Christian Resthaven (the "Corpora- tion") is a not- far - profit corporation duly organized and existing under and duly qualified to conduct business in the State of Illinois; and WHEREAS, the Corporation has agreed to locate certain economic development facilities in the City if the City will finance costs of such facilities; WHEREAS, there has been presented to this City Council the forms of 1 Bond Purchase Agreement (the "Bond Purchase Agree- ment") dated as of Sept.l, 1984 between the City and Robert A. Hoffer (the "Purchaser "), containing as an exhibit the form of economic development revenue bond herein authorized; (2) Loan Agreement (the "Loan Agreement ") dated as of Sept. 1, 1984, between the City and the Corporation, containing as an exhibit a form of promissory note (the "Note ") of the Corporation; (3 ) Assignment and Security Agreement (the "Assignment") dated as of Sept.. 1, 1984 from the City in favor of the Purchaser securing the revenue bond herein authorized and attached to the Bond Purchase Agreement as an exhibit; and (4) this Bond Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, COOK AND KANE COUNTIES, ILLINOIS, AS FOLLOWS: Section 1. Findin s Public Benefits. The City Council of the City hereby finds and determines that the land, building, equipment and facilities in connection therewith (the "Project ") to be acquired, constructed and installed with the proceeds of the economic development revenue bond herein authorized constitutes an "economic development project" as that phrase is used in the Enabling Ordinance; that acquisition, construction and installation of the VOLUME x Lix 657 Project will increase employment opportunities and increase diversi- fication of economic development facilities in and near the City, will improve and promote the economic stability, development and welfare of the area in and near the City, and will encourage and promote the expansion of industry, trade and commerce in the area in and near the City and the location of other new economic development facilities in such area. Section 2. Authorization of Economic Development Revenue Bond. In order to pay costs of acquiring, constructing and installing the Project, there is hereby authorized to be issued, sold and delivered 'a $1,000,000 aggregate principal amount Economic Development Revenue Bond, Series 1984 (The Apostolic Christian Rest - haven Proj ect ) of the City tithe "Bond"). Any additional costs of the Project will be paid for by the Corporation. Section 3. Terms for the Bond. The principal amount of the Bond is hereby expressly 1 imited to $1,000,000. The Bond shall be issued as a single Bond in fully registered form, shall be dated as of the date of issuance and delivery thereof, shall bear interest payable commencing January 13 1985, and semiannually thereafter on July and January 1 at a rate equal to nine percent (9%) per annum on the outstanding principal balance of the Bond, and shall mature in annual installments on July 1 of the years and in the amounts as follows: Year Amount Year Amount 1985 $ 45,000 1991 $ 85,000 1985 50,000 1992 90,000 1987 55,000 1993 100,000 1988 60,000 1994 115,000 1989 65,000 1995 125,000 1990 75,000 1996 135,000 In the event of a Determination of Taxability (as defined in the Loan Agreement) the Bond shall bear interest at a rate equal to the prime rate as defined in the Loan Agreement. The Bond shall be executed in such manner, shall be in such form, shall have such redemption provisions, shall bear interest at such other rates, and shall be subject to such other terms and conditions as are set forth in the Bond Purchase Agreement and Loan Agreement. The Bond and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the City, but is a limited obligation of the City payable solely from revenues and other amounts derived from the Loan Agreement and the Note and shall be secured as provided in the Assignment. Forms of the Bond Purchase Agreement, Loan Agreement and Assignment are before this meeting and are by this reference incorporated in this Bond Ordinance, and the City Clerk is hereby directed to insert them into the minutes of the City Council. and to keep them on file. -2- MW VOLUME XLIX Section 4. Bond Purchase Agreement; Sale of the Bond. In order to provide for the sale of the Bond to the Purchaser and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the City, the Bond Purchase Agreement in substantially the form submitted to the City Council, which is hereby approved in afl. respects. The Mayor and City Clerk of the City are hereby authorized and directed to sell the Bond to the Purchaser at a price of $19000,000, plus accrued interest (if any) to the date of delivery and payment. Deposit by the Purchaser to the credit of the City in immediately available funds at the principal office of The Larkin Bank in Elgin, Illinois, of the purchase price shall constitute payment in full for the Bond pursuant to Section 1.02 of the Bond Purchase Agreement. The Purchaser shall be authorized as agent for the City immediately to credit such purchase price to the separate bank account referred to in Section 1.08 of the Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Corporation pursuant to Section 1.02 of the Loan Agreement. Section 5. Assi nment. In order to secure the payment. of principal of, premium if any) and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver, in the name and on behalf of the City, the Assignment in substan- tially the form submitted to the City Council, which is hereby approved in all respects. Section 6. Loan A reement. In order to provide for the loan of the proceeds of the Bond to acquire, construct and Install the Project and the payment by the Corporation of an amount sufficient to pay the principal of, premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the City the Loan Agree- ment in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 7. Acceptance of Note. In connection with the Bond, the City accepts as security for the Bond the Note of the Corporation. The Note shall be in substantially the form attached as an exhibit to the Loan Agreement. Section 8. Registration of Bond; Persons Treated as Owners. The Lssuer shall cause books the "Bond Register" for the registration and for the transfer of the Bond as provided in this Bond Ordinance to be kept at the principal office of The Larkin Bank, in Elgin, Illinois, as bond registrar (the "Bond Registrar"), which is hereby constituted and appointed the bond registrar of the City. The City is authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of the Bond. Upon surrender or transfer of the Bond at the principal office of the Bond Registrar, duly endorsed 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 -3- VOLUME XLIX 659 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 authenti- cate, 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 sucb maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange the Bond during the period of fifteen (15) calendar days next preceding any interest payment date on the Bond, nor to transfer or exchange the Bond after notice calling the Bond for redemption has been mailed, nor during a period of fifteen (15) calendar days next preceding mailing of a notice of redemption of the 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, premium, or interest of 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. 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 9. General. The Mayor, City Clerk and City Treasurer be and they are each hereby authorized and directed, in the name and on behalf of the City, to execute any and all instruments, perform any and all acts, approve any and all matters, and do any and all things deemed by them, or any of them, to be necessary or desirable in order to carry out the purposes of this Bond Ordinance (including the preambles hereto), including without limitation execution of certificates to evidence the Bond is not an arbitrage bond within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended (the "Code "), execution of Internal Revenue Service Form 8038 pursuant to Section 103(1) of the Code and execution of closing certificates pursuant to the Bond Purchase Agreement. Section 10. Effective Date. This Bond Ordinance shall be in full force and effect immediately upon its adoption by the City Council and approval by the Mayor. _4_ I M81 Presented by Council Member VOLUME XLIX Passed in open Council this 24th day of September , 1984. ATTEST: arie Y earman City Clerk AYES: s/ Richard L. Verbic Presiding officer NAYS: Presented by me to the Mayor this 24th day of September , 1984, at the hour of o'clock M. s/ Marie Yearman City Clerk Approved this 24th day of September, 1984, at the hour of o 1 cl oak .M4 ATTEST: s/ Marie Yearman City Clerk s Richard L. Vgrbic Mayor —5— VOLUMIIE XLIX bbl ORDINANCE VACATING A PORTION OF AIRPORT ROAD AND AUTHORIZING EXECUTION OF QUIT CLAIM DEED - TABLED Councilman Gilliam made a motion, seconded by Councilman Hansen to table the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED PROPOSING THE ESTABLISHMENT 89IN SPECIAL SERVICES IN AND FOR SUCH AREA Councilman Gilliam made a motion, seconded by .Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays None. bbl VOLUME XLIX ORDINANCE NO. T7 -84 AN ORDINANCE proposing the establishment of the Elgin- O'Hare Special Service Area Number ou in the City of Elgin► Kane and Cook ' Counties, Illinois in the amount of ' and the issuance of bonds Of paying the cost 1of00ro��dfor the purpose vices in and far p g special ser- vices Area. WHEREAS, special service areas are established pursua to Part (I)(2) of Section 6 of Article t cle VLI of the 1970 Constitu- tion of the State of Illinois, which provides: The General Assembly may not deny or limit the power of home rule units . . (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incur- red in order to provide those special and are established pursuant to the provisions of "AN g Provide the manner of CT to levying or imposing taxes for the provision Of special services to areas within the boundaries of units and non -home rule municipalities and counties," home rule September 21, 1973 approved , as amended, and Pursuant Of 1939 of the State of Illinois as .to the Revenue Act amended, WHEREAS—it is in the public interest that the estab- lishment of the area hereinafter described as a s ci area for the Pe al service purpose set forth herein be considered (the Area "); and VOLUME XLIX 663 WHEREAS, the Area is compact and contiguous and is totally within the corporate limits of the City of Elgin, Kane and Cook Counties, 111inois (the "City "); and WHEREAS, the Area will benefit specially from the municipal services to be provided (the "Services "), and the Ser- vices are unique and in addition to municipal services provided to the City as a whole and it is, therefore, in the best inter- ests of the City that the establishment of the Area be con- sidered; and WHEREAS, it is hereby estimated that the cost of providing the Services will be not less than $_1,50000.00 ; and WHEREAS, it is in the public interest that the issuance of bonds in not to exceed the amount of $1,500,000 and secured by f the full faith and credit of the Area be considered for the purpose of paying part of the cost of providing the Services (the "Bonds "); and WHEREAS, the Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear interest at not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.D. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds; and WHEREAS, the Bonds shall be retired by the levy of a direct annual tax sufficient to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity; and -2- 664 VOLUME XLIX WHEREAS, said direct annual tax shall be levied upon all taxable property within the Area for said period of not to exceed 20 years and shall be unlimited as to rate or amount and o in addition to all other taxes permitted by law: 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 preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held at 8:00 o'clock P .M., on the 22nd day of October 1984, at the Municipal Building, 150 Dexter Court, Elgin, Illinois, (the "Hearing "), to consider the establishment of the Area in the territory and for the purpose of providing the Services described in the Notice of Public Hearing set forth in Section 4 hereof (the "Notice ") and to consider the issuance of the Bonds described in the Notice. Section 3. That notice of the Hearing shall be given by publication and mailing. Notice by publication shall be given by publication at least once not less than fifteen (15) days prior to the Hearing in Daily Courier News, the same being a newspaper of general circulation within the City. Notice by mailing shall be given by depositing the Notice in the United States mails addressed to the person or persons in Whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area. The Notice Shall be mailed not less than ten (10) days prior to the time set for the Hearing. In the event taxes for the last preceding year -3- VOLUME XLIX 665 were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property. Section 4. That the Notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS ELGIN- O'H,4RE SPECIAL SERVICE AREA NUMBER ONE NOTICE IS HEREBY GIVEN that on October 22 19841, at 8:00 o'clock P M. at the Municipal Building, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, to consider the establishment of Elgin-O'Hare Special Service Area Number One of said City consisting of the following de- scribed territory: -4- PARCEL 2 VOLUME XLIX That part of Lot 1 lying Northerly of a line described as follows: Commencing at the Northwest corner of said Lot 1; thence Southerly, along the Westerly line of said-Lot 1 tance of 566.73 feet to a point on said Westerly line that a5s.- 30 4.,95 feet eet Northerly of (as measured along said Westerly line 9 point in the Westerly line of said Lot 1, for the point of beginning of the aforesaid line, thence lar to the Westerly line of said Lot 1, adistanceyofp278.241feet to the Westerly line of Airport Road for the terminus of the aforesaid line, in Elgin - O'Hare Business Center, _ division of part of Section, 34, Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 2 That part of Lot 1 lying Southerly of a line described as follows: Commencing at the most Southerly corner of said Lot 1; thence Northwesterly, along the Westerly line of said Lot 1, a distance Cf 221.76 feet to an angle point in said Westerly line; thence Northwesterly, along the Westerly line of said Lot 1, a distance of 634.80 feet to an angle point in said Westerly line; thence Northerly, along the Westerly line of said Lot 1, a dis- tance of 125.95 feet for the point of beginning o line; thence Easterly, p f the aforesaid erpendicular to the Westerly line of said Lot 1, a distance of 323.26 feet to the Westerly line of Airport Road for the terminus of the aforesaid line, in Elgin - O'Hare Business Center, being a subdivision of part of Section 34, Town- ship 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 3 Lots 2, 4, 6, 7, 8, 9, l0, 11, 12, 13, 20. 21 and 22 of Elgin - O'Hare Business Center, being 7a suub -19, division of part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 4 That part of Lot 5 lying Southerly of a line described as follows: Commencing at the Northeast corner of said Lot 5; thence Southerly, along the East line of said Lot 5, a distance of 569.12 feet for the point of beginning of the aforesaid line; thence Westerly, perpendicular to the East line of said Lot 5, a distance of 647.96 feet to the Easterly line of Airport Road for the terminus of the aforesaid line, of Elgin- O'Hare Business Center, being a subdivision of part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. -5- VOLUME X LIX PARCEL 5 667 That part of Section 34, Township 42 North, Flange 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section 34; thence South- 00 degrees 17 minutes 38 seconds East, along the East.1ine of said Southeast Quarter, a distance of 1823.74 feet to a point that is 830.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast Quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of 576.00 feet along a line that is parallel with a line drawn Westerly (this line hereafter referred to as Line "A ") from a point on the East line of said Southeast Quarter that is 74.30 feet Northerly of (as measured along said East line) the South- east corner of said Southeast Quarter to a point (this point hereafter referred to as Point "B ") on the West line extended Northerly of the Northwest Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly of (as measured along said West line, extended Northerly) the Northwest corner of Northwest Quarter; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast Quarter of Section 34, a distance of 756,29 feet to the aforesaid Line "A "; thence North 89 degrees 17 minutes 42 seconds West, along said Line "A ", a distance of 939.48 feet to the aforesaid Point "B"; thence North 89 degrees 26 minutes 37 seconds West, a distance of 966.65 feet to a point that is 78.93 feet Northerly of a point on the South line of said Southeast Quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast Quarter; thence North 83 degrees 33 minutes 33 seconds West, a distance of 154.85 feet to an existing iron stake as per Document No. 847720 that is 94.93 feet Northerly of the Southwest corner of said Southeast Quarter, as measured along a line (this line and it's Northerly extension thereof hereafter referred to as Line "C") that bears North 04 degrees 05 minutes 00 seconds East from said Southwest corner; thence North 04 degrees 05 minutes 00 seconds East, along said Line "C ", to the Southeast corner of the Taxi Strip Easement as shown on the Plat of Miller's Hangars, being a subdivision of part of said Section 34, for the point of beginning, said Southeast corner being on the aforesaid Line "C" and at a distance of 2421.22 feet (record being North 04 degrees 05 minutes 00 seconds East 2421.44 feet) from the Southwest corner of the Southeast Quarter of Section 34, as aforesaid; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said Taxi Strip Easement, extended Easterly, a distance of 28.05 feet; thence South 00 degrees 38 minutes 30 seconds West, a distance of 80.0 feet; thence South 35 degrees 22 minutes 12 seconds East, a distance of 694.49 feet; thence South 00 degrees 23 minutes 31 seconds West, a distance of 757.85 feet; thence South 67 degrees 04 minutes 33 seconds East, a distance of 664.71 feet; thence North 34 degrees 48 minutes 27 seconds East, a distance of 457.61 feet; thence South 55 degrees 11 minutes 33 seconds East, a distance of .200.0 feet; thence Southeasterly, along a curve to the right having a radius of 1021. 58 feet and -6- NOWne .. VOLUME XLIX being tangent to the last described course, a distance of 180.51 feet; thence Northeasterly, along a curve to the left having a radius of 2837.62 feet (the chord of said curve bears North 49 degrees 10 minutes 13 seconds East) an arc distance of 80.21 feet; thence Northwesterly, along a curve to the left having a radius of 1101.58 feet (the chord of said curve bears North 49 degree-s'58 minutes 35 seconds West) an arc distance of 200.57 feet; thence North 55 degrees 11 minutes 33 seconds West, tangent to the last described curve, a distance of 95.77 feet; thence North 10 degrees 51 minutes 53 seconds East, a distance of 1004.42 feet; thence South 79 degrees 08 minutes 07 seconds East, a distance of 20.0 feet; thence Easterly, along a curve to the left having a radius of 2180.40 feet and being tangent to the last described course, a distance of 364.64 feet; thence North 00 degrees 17 minutes 38 seconds West, parallel with the East line of the Southeast Quarter of Section 34, as aforesaid, a distance of 80.04 feet; thence Easterly, along a curve to the left having a radius of 2100.40 feet (the chord of said curve bears south 8.9 degrees 28 minutes 05 seconds East) an arc distance of 60.01 feet; thence North 00 degrees 17 minutes 38 seconds West, parallel with the East line of the Southeast Quarter of said Section 34, a distance of 475.86 feet to the North line of said Southeast Quarter; thence North 89 degrees 27 minutes 18 seconds West, along said North line, a distance of 259.96 feet to a point on said North line that is 660.0 feet Westerly of (measured along said North line) the Northeast corner of the Southeast Quarter of Section 34 as aforesaid; thence North 79 degrees 08 minutes 07 seconds West, along a line that forms an angle of 10 degrees 19 minutes 11 seconds (record being 10 degrees 19 minutes 00 seconds) with the North line of said.Southeast Quarter, measured from West to North at the last described point, a distance of 1789.25 feet to Line "C ", as aforesaid; thence South 04 degrees 05 minutes 00 seconds West, along said Line "C ", a distance of 559.16 feet to the point of beginning. Being situated in Dundee Township, Kane County, Illinois. PARCEL 6 All of River Ridge Drive, Airport Road., high Corporate Drive as set forth and contained in Elgin - O'Hare Business Center Unit No. 1. -7- Point Drive and the plat of VOLUME X Llx The approximate street location of said territory is as follows: The northeast corner of the intersection of Route 31 and the - Illinois Northwest Tollway. -8- 670 VOLUME XLIX An accurate map of said territory is on file in the office of th City Clerk of the City and is available for public inspection. e The purpose of the establishment of the Elgin - O'Hare SPecial Service Area Number One is to provide special municipal services for said Elgin- O'Hare Special Service Area Number including improvements rovements and the acquisition of w+ One p 4 y^ its of way therefor, paving and the construction of necessary curbs, gutters, and street lights, as well as the construction of sanitary and storm sewers and drains, including all expenses incidental thereto, all of said improvements to be in and for said Elgin - O'Hare Special Service Area Number One. an The issuance of bonds in /notc toot exceed the amount of $1,500,000 and secured by the full faith and credit of said i Elgin- O'Hare Special Service Area Number One to pay y the cost of the special municipal services hereinabove described will also be considered at said public hearing. Said bonds shall be retired over a period of not to exceed 20 years from the issuance thereof and shall bear interest at not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Brayer, published in New York, New York, at the time the contract is made for the sale of said bonds. Such bonds, if issued, shall be retired by the levy Of a direct annual tax sufficient to pay the principal and interest thereon, said tax to be levied capon all the taxable Property within said Elgin- O'Hare Special Service Area Number One for said period of not to exceed 20 years and to be unlimited as -9- VOLUME XLIX 671 to rate or amount and in addition to all other taxes permitted by law. All interested persons affected by the establishment of said Elgin - O'Hare Special Service Area Number One or the issuance of said bonds and the levy of said tax, including all owners of real estate located within said Elgin - O'Hare Special Service Area Number Oner will be given an opportunity to be heard at said hearing regarding the establishment of said Elgin - O'Hare Special Service Area Number One and the issuance of said bonds and the levy of said tax and an opportunity to file objections to the establishment of said Elgin -- O'Hare Special Service Area Number One or the issuance of said bonds and the levy of said tax. At said public hearing, any interested persons affected by said proposed Elgin- O'Hare Special Service Area Number One may file with the City Clerk written objections to and may be heard orally in respect to any issues embodied in this notice. The City Council shall hear and determine all protests and objections at said hearing, and said nearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of its adjournment. If a petition signed by at least 51% of the electors residing within said Elgin - O'Hare Special Service Area Number One and by at least 51% of the owners of record of the land included within the boundaries of said Elgin- O'Hare Special Service Area Number One is filed with the City Clerk within 60 days following the final adjournment of said public hearing objecting to the creation of the Elgin - O'Hare Special Service Area Number One, the -10- 672 VOLUME XLiX levy or imposition of a tax or the e .c ic., "waae of bonds for the provision of special services to the Elgin- O'Hare Special Service Area Number One, or to a proposed increase in the tax sate no such Elgin - O'Hare Special Service Area Number One may be created, or 4 tax may be levied or imposed nor the rate increased, or no such bands may be issued. By order of the City Council of the City of Elgin, Kane and Cook Counties, Illinois. DATED this 4- day of September 1984. s/ Marie Yearman City Clerk, City of Elgin, Kane and Will Counties, Illinois Section 5. That all ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and that this ordinance be in full force and effect i forthwith upon its adoption and approval. Adopted September 24, 1984. AYES: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. NAYS: hone ABSENT: None Approved September 24, 1984. S/ Richard L. Verbic 1Kayor, City of Elgin, Kane and A=ttest: Cook Counties, Illinois s/ Marie Year n City Clerk, City of £Igin, Kane and Cook Counties, Illinois Recorded in the City Records on _September 24 , 1984. -il- VOLUME XLIX AUTHORIZATION OF PAYMENTS 673 Abbott Contractors $4,987.05 Sewer repairs on S. State St. and Locust. American Public Transit 2,239.00 1984 membership dues. United Diesel Service 1,730.00 Transmission /Sanitation Truck ##280. Elgin Courier News 3,365.18 Le al notice for Treasurer's 1993 report. Century Rain -Aid 2,476.00 Replacement of irrigation pump, Spartan Meadows. Councilman Gilliam made a motion, seconded by Councilman Schmidt to approve the above payments.. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF COVENANT BETWEEN THE ILLINOIS DEPARTMENT OF Robert Malm: This is for the NHS office at 326 East Chicago Street and this is a standard covenant whereby in terms of receiving a $25,000 grant that this is an obligation to enter into this covenant for a period of five years. Basically it provides to maintain the structure. Councilman Waters: It was my understanding that when we went into this program we would be turning over property. We would in essence be developing it, rehabilitating it and getting it to a saleable point, turning the property over and starting all over again. Are we still able to sell this property and acquire another one to start the process over again. Mary Camacho: Yes. There are no limitations this covenant just deals with that $25,000 for the restoration of the exterior. It has nothing to do with the use. The use is between the City of Elgin and the NHS. 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. 674 VOLUME XLIX RESOLUTION AUTHORIZING EXECUTION OF COVENANT BETWEEN THE ILLINOIS DEPARTMENT OF CONSERVATION, THE CITY OF ELGIN AND THE NEIGHBORHOOD HOUSING SERVICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Acting City Manager and the City Clerk be and are hereby authorized, empowered and directed to execute a certain agreement entitled, "Covenant Between the Illinois Department of Conservation and the City of Elgin /Neighborhood Housing Service," a copy of which is attached hereto and made a part of this resolution. s/ Richard L. Verbic Richard Lo Verbic, Mayor Presented: September 24, 198+ Adopted: September 24, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: Ma r� e y alma n�� Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AGREEMENT WITH SCHOOL DISTRICT Councilman waters made a motion, seconded to adopt the aforementioned resolution. Andersen, Hansen, Schmidt, Shales, Waters None. Abstained: Councilman Gilliam. A LEASE by Councilman Andersen �eas: Councilmen and Mayor Verbic. Nays: VOLUME XLIX 675 RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH SCHOOL DISTRICT U -46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute for and on behalf of the City of Elgin, a lease agreement for warehousing and book storage, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbi Mayor Presented: September 24, 1984 Adopted: September 24, 1984 Vote: Yeas 6 Nays 0 Abstained Recorded: Attest: s/ Marie Yearm&"_'�_Wt Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION Of A LEASE FOR THE PREMISES AT 141 SOUTH GROVE AVENUE 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. 676 VOLUME XLIX RESOLUTION AUTHORIZING EXECUTION OF A LEASE FOR PREMISES AT 141 SOUTH GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm., Acting City Manager, and Marie Yearm.an, City Clerk, be and are hereby respectively authorized and directed to execute a written [ease with Heritage Auto Broker for the premises commonly known as 141 South Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 24, 1984 Adopted: September 24, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AREA HISTORICAL SOCIETY 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: Councilman Gilliam. VOLUME XLIX 677 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AREA HISTORICAL SOCIETY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Area Historical Society for the lease of the property commonly known as "Old Main ", a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 24, 1984 Adopted: September 24, 1984 Vote: Yeas 6 Nays I Recorded: Attest: s/ Marie Yeaan Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING REVIEW APPRAISAL OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF 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. b78 VOLUME XLIX RESOLUTION ACCEPTING REVIEW APPRAISAL OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF RAMONA AVENUE AND VILLA STREET WHEREAS, the City of Elgin on May 9, 1983, made an official determination to acquire certain property within the City of Elgin pursuant to Housing and Community Development Block Grant Number B- 83-MC -17 -001 I; and WHEREAS, the City of Elgin has caused the subject property to be appraised by Coleman Land Company; and WHEREAS, Coleman Land Company has submitted a written appraisal of the subject property; and WHEREAS, said appraisal indicates that the fair market value of the property is $69,000; and WHEREAS, the City of Elgin has caused the subject property to be appraised by R.J. Schmitt & Associates; and WHEREAS, R.J. Schmitt & Associates has submitted a written appraisal of the subject property; and WHEREAS, said appraisal indicates that the fair market value of the property is $85,000; and WHEREAS, said appraisals have been reviewed by Neil K. Steffens consistent with federal Department of Housing and Urban Development guidelines; and WHEREAS, said review appraisal has established just compensation and fair market value of the property as $69,000; and WHEREAS, it is in the best interest of the City of Elgin to acquire said property for the purpose of constructing a flood control and stormwater detention facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby resolves that $69,000 is just compensation and fair market value of the property described below. BE IT FURTHER RESOLVED that Bernard E. Cavitt is the owner of said property which is located at the northeast corner of Ramona Avenue and Villa Street and legally described as follows: That part of the Northwest Quarter of Section 19, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence South along the East line of the Northwest Quarter of said Section 19 for a distance of 792 feet for the place of beginning; thence continuing South along the last described course for a distance of 446 feet; thence West along a straight line for a distance of 801 feet, more or less, to a point on the Easterly right of way line of Ramona Avenue as dedicated by Document Number 21341020 - 21341022, said point being 350.66 feet Northerly of the Northerly right of way line of Villa Street (Business U.S. Route 20) measured along said Easterly right of way line of Ramona Avenue; thence VOLUME XLIX 679 Northerly along said "osterly right of way line of Ramona Avenue for a distance of 453.7 feet, more or less; thence East along a straight line for a distance of 733.5 feet, more or less, to the place of beginning. Situated in the City of Elgin, Hanover Township, Cook County, Illinois and containing 7.81 acres, more or less. That part of the Northwest Quarter of Section 19, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northeast corner of said Northwest Quarter of Section 19; Township and Range aforesaid; thence South along the East line of said Northwest Quarter of Section 19 for a distance of 1238 feet for the place of beginning; thence continuing South along the last described course for a distance of 105.23 feet; thence South 36 degrees 51 minutes West for a distance of 312 feet, more or less, to the center of Poplar Creek; thence Westerly and Southwesterly along the centerline of Poplar Creek to the Northerly right of way of Villa Street (Business U.S. Route 20); thence Northwesterly along the Northerly right of way line of Villa Street to the Easterly right of way line of Ramona Avenue as dedicated by Document Number 21341020 - 21341022; thence Northeasterly along said Easterly right of way line of Ramona Avenue for o distance of 350.66 feet; thence East along a straight line to the place of beginning. Being situated in the City of Elgin, Hanover Township, Cook County, Illinois and containing 6.06 acres, more or less. BE IT FURTHER RESOLVED that the City of Elgin proceed to acquire the fee simple title to the aforesaid property. BE IT FURTHER RESOLVED that the appraisal of the subject property has been performed in a competent manner in accordance with applicable State law, Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the policies and requirements of the Department of Housing and Urban Development. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 24, 1984 Adopted: September 24, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s 1 if, s s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED ESTABLISHING FEES AND CHARGES FOR VACATION OF CITY PROPERTY 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. .:s VOLUME XLIX Ordinance No. G52 -84 AN ORDINANCE ESTABLISHING FEES AND CHARGES FOR VACATION OF CITY PROPERTY WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to establish a fee schedule relative to the vacation of City property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a fee of $670.00 for vacating any property owned by the City. Section 2. T teat the vacation fee as established herein shall be paid by the person or persons who will acquire title to such property as a result of any vacation. Said fee shall be fully paid before any plat or other documents effecting such vacation is recorded. Section 3. That the vacation fee as established herein shall be in addition to any charge or price that may be established by the City Council for the value of the property vacated. Section 4. That the vacation fee as established herein may be amended, modified or increased at anytime. 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. Verbic Richard L. Verbic, Mayor Presented: September 24 1 984 Passed: September �4, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk VOLUME XLIX REPORTS RECEIVED AND ORDERED PLACED ON FILE Greater Downtown Elgin Commission Minutes 7/2/84 Greater Downtown Elgin Commission Minutes 7/23/84 Greater Downtown Elgin Commission Minutes 7/30/84 Elgin Fire Department Second Quarterly report for 1984 Cemetery report for August, 1984 Public Property and Recreation Board Minutes 8/28/84 Transportation Operations Report for June, 1984 Transportation Operations Report for July, 1984 Public Works report for August, 1984 $fidget summar y for September 7, 1984 M. 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 George Meuser: I see we have members of the media here tonight and I would like to say that for once, at least I am very happy with the four to three vote and I think the media should give more recognition to your complete accord on so many things. I am happy to have sat in on another meeting, I have not been here for a long time and I enjoyed it. Thank you. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings, ADJOURNMENT Councilman Andersen made a motion, seconded by Councilman Schmidt 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 10:30 p.m. s l` Marie Yearman; City C er VOLUME XLIX October 8, 1984 682 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 8, 1984 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 Sam Flora of the Church of the Brethren, and the Pledge of Allegiance was led by Councilwoman Shales. Nffl Roll call was answered by Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: Councilman Gilliam. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman and members of staff. MINUTES OF THE SEPTEMBER 10, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Andersen made a motion, seconded by Councilman Hansen to approve the September 10, 1984 Council Minutes as published. i Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. Present: Councilman Schmidt. MINUTES OF THE SEPTEMBER 24, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Schmidt to approve the September 24, 1984 Council Minutes. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR APPLIANCES FOR NEW FIRE STATION Councilman Hansen made a motion, seconded by Councilwoman Shales to award the bid for appliances for the new fire station to the low bidder, Polk Brothers Inc., for a total amount of $2228.00. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID FOR AIR COMPRESSOR FOR NEW FIRE STATION - TABLED Councilwoman Shales made a motion, seconded by Councilman Hansen to award the bid for one air compressor to the low bidder, Able Fire & Safety Equipment for a total amount of $14,602.00. MAP] VOLUME X L I XA John Rysocki, 6115 S. Richmond, representing Air Associated: What happened to the low bid. Mayor Verbic: The low bidder was Able Fire & Safety Equipment, are you talking about the alternate bid from Air Associated. Mr. Malm: Mike, do you want to explain why the alternate bid was rejected because it does not meet the minimum specifications. Mike Sarro: Without going into a lot of detail, as you will note this gentlemen did submit two bids, he bid an Eagle brand that costs about $18,500 and another Eagle brand model MS-0001. He riid inr�,l�r.ate on h' k'.4 +4, a- 4-" r 1 nnni S N i V 4ifa L L14e tag le , �S -000 1 was an alternate bid. He seems to feel that it also meets our specifications, we don't think so. I would wonder why he bid the other Eagle to begin with then. During our evaluation we also checked with the other bidder, Great Lakes out of Barrington, who also bidded the Eagle PB8E3H, we inquired why they did'nt bid the other Eagle, the less expensive one, they did not feel it met specifications. As a matter of fact he called the manufacturer of that brand and they felt for our specifications the Eagle PB8 is the one that met it, the Eagle MS -0001 did not. Without going into a lot of details and I am not really prepared to debate this gentlemen, obviously he knows his product a lot better than I do, if you are convinced by any arguements he may want to present, to table the matter for a couple of weeks while we attempt to develop amore detailed memo. We don't think we will come back with any different recommendation, we don't feel his alternate bid will meet specifications. We would be happy to buy the first deal from him assuming he was the low bidder, but he is not, he is the highest bidder. John Rysocki: Your specifications was keyed to Able Equipment that is why I put two bids in. The high bid was specifically a special custom to meet exactly those specs. Your specs were keyed to Able's machine. I gave you a better system than you had in your specs at a lower price, and I can document that if you like. Mike Sarro: As I indicated we have an eight page specification and I don't think it is worth anybody's time this evening to sit here and debate whether what he is saying is true or not. There is no urgency on this item if you want to table it, we will prepare a more comprehensive memo for your consideration next time. Councilwoman Shales made a motion, seconded by Councilman Hansen to table the award of this bid. VOLUME XLIX 684 BIDS REJECTED FOR LANDSCAPING OF FIRE STATION #1 Mr. Sarro advised the Council that two bids were received for this project. Both the budget and the architect's estimate for landscaping are in the $10,000 - $12,000 range, both of the bids received are twice that amount. Both the Fire Department and Purchasing recommend that the City can landscape the new Fire Station site and stay within the $10,000 - $12,000 budget. Councilwoman Shales made a motion, seconded by Councilman Schmidt to reject all bids. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR WATER TREATMENT CHFMICAI1 Councilman Schmidt made a motion, seconded by Councilman Andersen to award the bid for powdered activated carbon to the low bidder, ICI Americas Inc., for a total estimated cost of $128,000 based upon an estimated annual quantity of 400,000 lbs, and a unit price of $.322/ib. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED PROVIDING FOR THE REORGANIZATION OF THE POLICE DEPARTMENT Councilman Waters: I realize that this ordinance is going to be passed and .1 don't want to harangue the other members of the Council, but for the record I would just like to state that think this is a tragic mistake and I personally think it is very unfortunate that the Council has decided to take this action. Councilwoman Shales: I agree with Councilman Waters that is why I will be voting against it also. I have not heard a debate on the relative merits of one system or the other. I just have to believe this is more political meddling in the affairs of the Police Department than it is a desire for effective police service. Mayor Verbic: I feel very strongly about the reorganization and I feel that the Police and Fire Board which has been established to de- politicize the Police Department, is most capable of handling the examinations. I think that is why a three member Board was established 75 years ago for that purpose. It's done the job throughout the country and I feel they are the most capable in handling the police promotions, we have seen this over the years. Councilman Hansen: Mr. Mayor, I think the debate took place approximately three years ago. It was extensive and the vote at that time to organize it in it's present fashion was a 4 - 3 vote and I think my reasons for opposing that change at that time and supporting this change was made at that meeting so I will not repeat them all. I agree with the Mayor that the Police and Fire Board have served this community for over 75 years and it is the proper body that should act on promotions within the Police Department. W VOLUME X Lix Councilman Schmidt: I would just like to say that I feel the tragedy came three years ago when it was a 4 -3 vote to put this into the hands of the Police Chief and take it out of the hands of the Police and Fire Board. Having been a former member of the Police and Fire Board, 1 am strongly in favor that every member of the Police Department has an equal opportunity for advancement. Councilman Hansen made a motion, seconded by Councilman Anndersen, to pass the aforementioned ordinance. Yeas; Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. lays: Councilmen Shales and Waters. VOLUME XLIX Ordinance No. G53 -84 AN ORDINANCE PROVIDING FOR THE REORGANIZATION OF THE POLICE DEPARTMENT WHEREAS, the City of Elgin is a home rule unit within the meaning of the Illinois Constitution, 1970, and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the organization, composition and rank structure of the police department of the City of Elgin is a matter pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin hereby finds that it is necessary and desirable to reorganize the police department of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.52.020 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "2.52.020 Offices Created The following offices are hereby established in the police department: chief, deputy chief, Lieutenant, .sergeant and patrolman. The l rank of captain existing prior to the effective date of the amendatory ordinance is hereby abolished and any member of the police department holding the rank of captain on the effective date of this amendatory ordinance shall revert to such member's permanent rank. The rank of lieutenant I existing on the effective date of the amendatory ordinance shall be retitled and designated as the rank of sergeant after the effecive date of this amendatory ordinance. The rank of lieutenant 11 existing on the effective date of this amendatory ordinance shall be retitled and designated as the rank of lieutenant after the effective date of this amendatory ordinance. Before entering upon the duties of the office, the chief of the police department shall execute his bond to the city in the penal sum of one thousand .dollars with surety to be approved by the City Council conditioned for the faithful performance of his duty as provided by law. Similar bonds shall be executed by other members of the department in the penal sum of five hundred dollars each, with like conditions. The term "policeman" or "policemen" shall include all members of the police department regardless of rank unless otherwise specified. The term "supervisory officer" shall include all members of the department above the rank of patrolman." Section 2. That Section 2.52.170 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "2.52.170 Appointments A. All regular members of the police department except the chief and deputy chiefs shall be appointed by the Board of Fire and Police Commissioners as provided by law. 687 VOLUME XLIX B. The chief of police and deputy chiefs shall be appointed by the city manager. Deputy chiefs shall be appointed from among members of the department holding the rank of lieutenant or sergeant upon the recommendation of the chief of police. C. If a member of the police department is appointed chief of police prior to being eligible to retire on pension he shall be considered as on furlough from the rank he held immediately before his appointment to the rank of chief. If he resigns as chief or is discharged as chief prior to attaining eligibility to retire on pension, he shall revert to and be established in such prior rank, without regard as to whether a vacancy then exists in such rank. D. Any member of the department who was appointed deputy chief of the police.department prior to being eligible to retire on pension shall be considered on furlough from the rank he held at the time of his appointment as deputy chief. If he resigns as deputy chief or is removed as deputy chief prior to attaining eligibility to retire on pension, he shall revert to and be established in the rank of lieutenant or sergeant, as may be applicable." Section 3. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: 9.08.020 Du .ties -- Appointments- -Exceptions A. The Board of Fire and Police Commissioners shall appoint all members of the fire and police department of the city except the chief of the fire department and the chief and deputy chiefs of the police department, and shall conduct and hold all examinations and disciplinary hearings as otherwise provided by law. B. The chief of the fire department and the chief and deputy chiefs of the police department shall be appointed by the city manager and shall be subject to removal by the city manager and shall not be subject to the provisions of the Board of Fire and Police Commissioners Act. C. That any eligibility lists for the office of lieutenant heretofore established by the Board of Fire and Police Commissioners and in effect at the time of this ordinance shall be administered as an eligibility list for the office of sergeant." Section 4. That this ordinance shall be effective from and after November S, 1984. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX Presented: October 8, 1984 Passed: October 8, 1984 Vote: Yeas 4 Nays Z Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ... ORDINANCE PASSED AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT Councilman Schmidt made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays: Councilmen Shales and Waters. 689 VOLUME XLIX Ordinance No. G54 -84 AN ORDINANCE AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 8 -I of Chapter 8 of the City Code of Elgin, be and is hereby amended to read as follows: The total authorized strength of the Elgin Police Department shall hereafter be ninety -four (94) members, of which one member shall be chief, no more than two (2) members shall hold the rank of deputy chief, no more than six (6) members shall hold the rank of lieutenant, no more than eleven (1 1) members shall hold the rank of sergeant and the balance of said members shall be of patrolman rank. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be effective from and after November 5, 1984. s/ Richard L. Verbic Richard L. Verb Presented: October 8, 1984 Passed: October 8, 1984 Vote: Yeas 4 Nays 2 Recorded: Published: Attest: I,S h A J ! 1 Si s� -/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE LIST OF ONE- Councilwoman Shales: When are we going to discuss Douglas Avenue. Councilman Waters: Put it on the next Committee of the Whole agenda. Councilman Andersen made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: Councilman Schmidt. VOLUME XLIX ME Ordinance No. G57 -84 AN ORDINANCE AMENDING THE LIST OF ONE -WAY STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of one -way streets in the City of Elgin under Section 11.28.050C the following: Spring Street from Division Street to Kimball Street. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect on February 1, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 8, i 984 Passed: October 8, 1984 Vote: Yeas S Nays I Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerks RESOLUTION ADOPTED FOR APPRECIATION AND COMMENDATION TO THOMAS E. RYAN FOR HIS SERVICE AS A MEMBER OF THE PLANNING AND LAND USE 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.. 691 VOLUME XLIX RESOLUTION OF APPRECIATION AND COMMENDATION TO THOMAS E. RYAN FOR HIS SERVICE AS A MEMBER OF THE PLANNING AND LAND USE COMMISSION WHEREAS, Thomas E. Ryan served as a member of the Planning Committee of the City of Elgin from September 1977 to February 1981; and WHEREAS, Thomas E. Ryan served as a member of the Land Use Committee of the City of Elgin from February 1981 to July 1984; and WHEREAS, Thomas E. Ryan has served with distinction and dedication during his terms of office and has made a significant contribution to the residents of the City or Elgin. 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 Thomas E. Ryan for his service as a member of the Planning and Land Use Commission. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 8, 1984 Adopted: October 8, 1984 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Yea ma n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION NT AGENCIES Councilman Waters made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilmen Andersen and Hansen.. VOLUME X LIX 692 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Commission on Accreditation for Law Enforcement Agencies, Inc. for the accreditation program for law enforcement agencies. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 8, 1984 Adopted: October 8, 1984 Vote: Yeas 4 Nays 2 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF DONOHUE & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE WING PARK SWIMMING POOL Councilman Hansen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 693 VOLUME XLIX RESOLUTION ACCEPTING THE PROPOSAL OF DONOHUE & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE WING PARK SWIMMING POOL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Donohue & Associates, Inc. for Phase I and Phase 11 engineering services for the Wing Park Swimming Pool, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbcc, ,Mayor Presented: October 8, 1984 Adopted: October 8, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH IRVING CONSTRUCTION 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: Done. VOLUME XLIX 694 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH IRVING CONSTRUCTION COMPANY, INC, FOR THE HEADQUARTERS FIRE STATION PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Irving Construction Company, Inc, for the Headquarters Fire Station Project; 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 T; ;E CITY LOUN 11L OF THE Cl T Y O` ELGIN, ILLINOIS, that Robert O. Main, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 8, 1984 Adopted: October 8, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING CONVEYANCE OF CERTAIN PUBLIC PROPERTY 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. 895 VOLUME XLIX RESOLUTION AUTHORIZING CONVEYANCE OF CERTAIN PUBLIC PROPERTY WHEREAS, the City of Elgin, a municipal corporation, is a home rule unit within the meaning of the Illinois Constitution, 1970; and WHEREAS, a home rule unit may perform any function and exercise any power pertaining to its government and affairs; and WHEREAS, the conveyance of real property no longer necessary for municipal purposes is a matter pertaining to the government and affairs of a home rule unit; and WHEREAS. the City of Elgin, a .►municipal corporation, in the exercise of its home rule power has heretofore entered into a certain annexation agreement and agreed therein to vacate a portion of a certain public roadway known as Airport Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, in the exercise of horse rule power, as follows: 1. That the Mayor and City Clerk be and are hereby authorized and directed to execute a quit claim deed in form approved by the Corporation Counsel conveying the following legally described property to LaSalle National Bank, as Trustee under Trust Number 54810 dated August 3, 1978, reserving in said conveyance any and all public utility easements or other easements held by the City of Elgin or any other public entity: That part of Section 347 Township 42 .North, and that part of Section 2, Township 41 North, all in Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast quarter of said Section 34; thence South 00 degrees 17 minutes 38 seconds East, along the East line of said Southeast quarter, a distance of 1823.74 feet to a point that is 830.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of 576.00 feet, along a line that is parallel with a line drawn Westerly (this line hereafter referred to as line "A") from a point on the East line of said Southeast quarter that is 74.30 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter to a point (this point hereafter referred to as point "B ") on the West line, extended Northerly, of the Northwest quarter of Section I, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly of (as measured along said West line, extended Northerly) the Northwest corner of said Northwest quarter; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast quarter of Section 34, a distance of 756.29 feet to the aforesaid line "A"; thence North 89 degrees 17 minutes 42 seconds West, along said line "A ", a distance of 939.48 feet to the aforesaid point "B'; thence North 89 de reel 26 minutes 37 seconds West (this line hereafter referred to as line "P. a distance of 966.65 feet to a point (this point hereafter referred to as point "E ") that is 78.93 feet Northerly of a point on the South line of said Southeast quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast quarter; thence South 89 VOLUME XLIX .- degrees 26 minutes 37 seconds East, along aforesaid line "D", a distance of 14.23 feet for the point of beginning; thence North 89 degrees 26 minutes 37 seconds West, along said fine "D ", a distance of 14.23 feet to aforesaid point "E "; thence North 83 degrees 33 minutes 33 seconds West, a distance of 154.85 feet to an existing iron stake, as per Document No. 847720, that is 94.93 feet Northerly of the Southwest corner of said Southeast quarter, as measured along a line that bears North 04 degrees 05 minutes 00 seconds East from said Southwest corner; thence North 57 degrees 02 minutes 39 seconds West, a distance of 364.15 feet to an existing iron stake, as per Document No. 847720; thence North 34 degrees 40 minutes 50 seconds West, a distance of 503.57 feet to an existing iron stake, per Document No. 847720; thence North 25 degrees 19 minutes 30 seconds West, a distance of 634.80 feet to an existing iron stake, per Document No. 847720; thence North 07 degrees 53 minutes 59 seconds East, a distance of 875.68 feet along a line hereafter referred to as line "F"', to the Southwest corner of Lot 5 in Miller's Hangars, being a Subdivision of part of said Section 34; thence continuing North 07 degrees 53 minutes 59 seconds East along the West line of said Lot 5 and along a part of the West line of Lot 4 of said Miller's Hangars, being along the Northerly extension of said line "F ", a distance of 295.16 feet to a point on the West line of said Lot 4 that is 54.84 feet Southerly of (as measured along said West line) the Northwest corner of said Lot 4; thence North 47 degrees 34 minutes 41 seconds West, a distance of 17.58 feet for a point of curve; thence Westerly along a curve to the left having a radius of 404.18 feet and a chord bearing of North 54 degrees 26 minutes 12 seconds West and being tangent to the last described course, an arc distance of .96.77 feet to a point on a line that is 99.98 feet Westerly of (as measured at right angles) and parallel with the aforesaid line "F"; thence South 07 degrees 53 minutes 59 seconds West along said parallel line, a distance of 1049.55 feet to a point that bears North 07 degrees 35 minutes 21 seconds East, 204.00 feet from a right of way monument stone; thence South 07 degrees 35 minutes 21 seconds West, a distance of 204.00 feet to said right of way monument stone; thence -South 24 degrees 39 minutes 30 seconds East, a distance of 663.58 feet to a right of way monument stone; thence South 34 degrees 28 minutes 19 seconds East, a distance of 546.22 feet to a right of way monument stone; thence South 62 degrees 04 minutes 00 seconds East, a distance of 422.99 feet to a point that bears North 04 degrees 05 minutes 00 seconds East; 15.13 feet from the Southwest corner of the Southeast Quarter of Section 34 aforesaid; thence Easterly along a curve to the left having a radius of 5491.00 .feet and a chord bearing of South 85 degrees 24 minutes 59 seconds East, an arc distance of 466.76 feet to a point on a curve having a radius of 640.43 feet and a chord that bears South 71 degrees 09 minutes 56 seconds East, 307.83 feet from the point of beginning; thence Northwesterly along said curve, being along a curve to the right, an arc distance of 310.88 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 6.87 acres more or less. 2. That the provisions of Illinois Revised Statutes, 1983, Chapter 24, Paragraphs 11-76.2 and 11-76.4.1 relating to the sale of public property be are are hereby declared inapplicable to the conveyance authorized by this resolution. s /Richard L. Verbic Richard L. Verbic, Mayor 697 Presented: October 8, 1984 Adopted: October 8, 1984 Vote: Yeas b Nays 0 Recorded: Attest: s /Marie Yeorma Marie Yearman, City Clerk VOLUME XLIX ORDINANCE PASSED VACATING A PORTION OF A PUBLIC STREET Councilman Hansen; made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas; Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX 698 Ordinance No. S3 -84 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET WHEREAS, the public interest will be served by vacating a portion of a public street in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A'" attached hereto; and WHEREAS, that portion of the public road hereby vacated will be relocated and the portion vacated is no longer necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a. portion of a public street commonly known as Airport Road in the City of Elgin, Kane County, Illinois, legally described as follows: That part of Section 34, Township 42 North, and that part of Section 2, Township 41 North, all in Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast quarter of said Section 34; thence South 00 degrees 17 minutes 38 seconds East, along the East line of said Southeast quarter, a distance of 1823.74 feet to a point that is 830.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of 576.00 feet, along a line that is parallel with a line drawn Westerly (this line hereafter referred to as line "A"') from a point on the East line of said Southeast quarter that is 74.30 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter to a point (this point hereafter referred to as point "B") on the West line, extended Northerly, of the Northwest quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly of (as measured along said West line, extended Northerly) the Northwest corner of said Northwest quarter; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast quarter of Section 34, a distance of 756.29 feet to the aforesaid line "H"; thence North 89 degrees 17 minutes 42 seconds West, along said line "A"', a distance of 939.48 feet to the aforesaid point "'B""; thence North 89 degrees 26 minutes 37 seconds West (this line hereafter referred to as line "'D "), a distance of 966.65 feet to a point (this point hereafter referred to as point "E'") that is 78.93 feet Northerly of a point on the South line of said Southeast quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast quarter; thence South 89 degrees 26 minutes 37 seconds East, along aforesaid line "D ", a distance of 14.23 feet for the point of beginning; thence North 89 degrees 26 minutes 37 seconds West, along said line "'D ", a distance of 14.23 feet to aforesaid point "F-"; thence North 83 degrees 33 minutes 33 seconds West, a distance of 154.85 feet to an existing iron stake, as per Document No. 847720, that is 94.93 feet Northerly of the Southwest corner of said Southeast quarter, M. VOLUME XLIX as measured along a fine that bears North 04 degrees 05 minutes 00 seconds East from said Southwest corner; thence North 57 degrees 02 minutes 39 seconds West, a distance of 364.15 feet to an existing iron stake, as per Document No. 847720; thence North 34 degrees 40 minutes 50 seconds West, a distance of 503.57 feet to an existing iron stake, per Document No. 847720; thence North 25 degrees 19 minutes 30 seconds West, a distance of 634.80 feet to an existing iron stake, per Document No. 847720; thence North 07 degrees .53 minutes 59 seconds East, a distance of 875.68 feet along a line hereafter referred to as line "F ", to the Southwest corner of Lot 5 in Miller's Hangars, being a Subdivision of part of said Section 34; thence continuing North 07 degrees 53 minutes 59 seconds East along the West line of said Lot 5 and along a part of the West line of Lot 4 of said Miller's Hangars, being along the Northerly extension of said line ';F", a distance of 295.16 feet to a point on the West line of said Lot 4 that is .54.84 feet Southerly of (as measured along said West line) the Northwest corner of said Lot 4; thence North 47 degrees 34 minutes 41 seconds West, a distance of 1 7.58 feet for a point of curve; thence Westerly along a curve to the left having a radius of 404.18 feet and a chord bearing of North 54 degrees 26 minutes 12 seconds West and being tangent to the last described course, an arc distance of 96.77 feet to a point on a line that is 99.98 feet Westerly of (as measured at right angles) and parallel with the aforesaid line "F "; thence South 07 degrees 53 minutes 59 seconds West along said parallel line, a distance of 1049.55 feet to a point that bears North 07 degrees 35 minutes 21 seconds East, 204.00 feet from a right of way monument stone; thence South 07 .degrees 35 minutes 21 seconds West, a distance of 204.00 feet to said right of way monument stone:; thence South 24 degrees 39 minutes 30 seconds. East, a distance of 663.58 feet to a right of way monument stone; thence South 34 degrees 28 minutes 19 seconds East, a distance of 546.22 feet to a right of way monument stone; thence South 62 degrees 04 minutes 00 seconds East, a distance of 422.99 feet to a point that bears North 04 degrees 05 minutes 00 seconds East; 15.13 feet from the Southwest corner of the Southeast Quarter of Section 34 aforesaid; thence Easterly along a curve to the left having a radius of 5491.00 feet and a chord bearing of South 85 degrees 24 minutes 59 seconds East, an arc distance of 466.76 feet to a point on a curve having a radius of 640.43 feet and a chord that bears South 71 degrees 09 minutes 56 seconds East, 307.83 feet from the point of beginning; thence Northwesterly along said curve, being along a curve to the right, an arc distance of 310.88 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 6.87 acres more or less. be and the same is hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public Utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. VOLUME X LIX 700 Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 8, 1984 Passed: October 8, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTE -S AND 31 FOR ANNUAL PARADE Councilman Andersen made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 701 VOLUME XLIX RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUIILDINGS TO CLOSE A PORTION OF ROUTES 19 AND 31 FOR ANNUAL PARADE WHEREAS, the Elgin Post #57, The American Legion of the City of Elgin desires to hold its annual Veterans Day Parade on Routes 19 and 31 on Sunday, November 11, 1984 at 10:30 a.m.; and WHEREAS, said parade will require the closing of a portion of Routes 19 and 31; and WHEREAS, the State of Illinois requires the City of Elgin, to assume all responsibility a,-.d liabi,ity 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 L. Verbic Richard L. Verbic, Mayor Presented: October 8, 1984 Adopted: October 8, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s / Marie Yea rn Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR A CHURCH AT 650-652 DUN EE AVENUE ELGIN. ILLINOIS Councilman Waters made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Andersen.: VOLUME XLIX 702 Ordinance No. G55 -84 AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH AT 650 -652 DUNDEE AVENUE ELGIN, ILLINOIS WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a church at 650 -652 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 recorn- mendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. 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 650 -652 Dundee Avenue, Elgin, Illinois, legally described as follows: The Easterly I I feet of the Southerly 80.2 feet of Lot 15 and the Southerly 80.2 feet of Lot I in Block 2 of Prospect 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, Mayor Presented: October 8 1984 Passed: October b, 1984 Vote: Yeas I Nays 5 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk 703 VOLUME XLIX REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for June, 1984 Greater Downtown Elgin Commission Minutes 9/10/84 Transportation Operations Report for August, 1984 Parking Lot Revenues 9/1/83 through 8/31/84 Public Property and Recreation Board Minutes 9/25/84 Water Department Report for September, 1984 Elgin Human Relations Commission Minutes 8/7/84 and 9/4/84 Councilman Waters made a motion, seconded by Councilman Hansen to place the above records on file. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING CERTAIN TRAFFIC AND PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN-- ILL. Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX 704 Ordinance No. G56 -84 AN ORDINANCE AMENDING CERTAIN TRAFFIC AND PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 1 1.28 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of one -way streets in the City of Elgin under Section 11.28.050C the following: Geneva Street from Villa Street to East Highland Avenue. Section 2. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of one -way streets in the City of Elgin under Section 11.28.050C the following: Geneva Street from East Chicago Street to East Highland Avenue. Section 3. That Title I I, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 1 1.36.050M the following: Geneva Street, east side thereof, from Villa Street to East Chicago Street. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 8, 1984 Passed: October 8, 1984 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearr Marie Yearman, City Clerk a 705 ANNOUNCEMENTS (J)LUj jE nL1/X Mayor Verbic made announcements relative to forthcoming meetings, ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Andersen to adjourn the Council meeting and go into Executive Session. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None, The meeting was adjourned at 8:45 p.m. tIA WA Marie Yearman City C er �E VOLUME XLIX October 19, 1984 706 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 19, 1984 at 4:25 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. ROL L CAI I Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: City Clerk Marie Yearman and members of staff. ADJOURNMENT OF RECESSED EXECUTIVE SESSION HELD ON OCTOBER 11, Councilman Andersen made a motion, seconded by Councilman Gilliam to adjourn the recessed Executive Session held on October 11, 1984, and move to a open Special Council Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Mayor Verbic. Nays: None. present: Councilmen Waters. FURTHER DISCUSSION RELATIVE TO THE EMPLOYMENT OF A CITY MANAGER Mayor Verbic: As you know previously we assigned various Council members to visit the three finalist candidates. Mrs. Shales and myself were assigned to go to Galesburg. i talked to Larry Asarro last Friday and made arrangements to do this on Wednesday. On Tuesday Korn /Ferry called me and advised me that Mr. Asarro had decided to withdraw. Under the circumstances we were left with two candidates. One of the candidates is Ed Emonds the present Village Manager of Streamwood and the other one is Robert Erickson of Helena, Montana. Mr. Schmidt and Mr. Gilliam went to Helena and perhaps they can give us some insight as a result of their visit. Councilman Schmidt: Councilman Gilliam and myself did go to Helena, Montana. It was very ironic how things took shape for us. I think we did our work well because it started on the plane going out there. I was privileged to sit next to a resident of Helena and I talked with her about the present City Manager. She was very negative about him, but she told us some good points that he does have and while we were in Billings changing planes she introduced us to the president of one of the banks. He was very enthused about Mr. Erickson and stated that he had done t a very good job and he would hate to see him leave. 707 While in the lobby of the motel where we to talk with one of the police officers the City Manager. The Clerk behind the had good points and bad points, would'nt Councilman Gilliam: That is being kind. VOLUME x L I X stayed I was privileged and he spoke highly of desk was mediocre, she you agree Bob ? Councilman Schmidt: The next morning Bob and I walked the Mall and talked to different people that have businesses on the Mall. We also talked to one of the City Commissioners, a lady who is on the Commission, they have a Commission form of government, with a City Manager, and she had very good words about him, liked the way he handled things and would hate to see him go. We also talked to different clerks in stores, talked to the Police Chief, who had nothing but good words about Mr. Erickson. Everyone seems to think that he does a very good job, he is very conscientious, stays on top of things and he tells it the way that it is after getting all of the facts. We did hear a couple of times that he could be very arrogant, but people say that is his nature. He is a work - alcoholic. Bob and I talked to him for almost an hour or more on a one to two basis and he said that when he goes home he does not read novels, he takes this time to catch up. Councilman Gilliam: To give you an example I think he mentioned that his enjoyment on a Sunday afternoon is driving through the City looking at the problems that may be out there, to look at them and then come back and make a report to deal with staff the next day. He also mentioned that in working with his council that he has a policy. Every six months he has a list of things that have been slated to be done in the city and he will take his council, make up an agenda of about 18 items, drive through the city and say this is what was done, are you satisfied with this item and he will do this on a Saturday or Sunday. He was going to do it this Sunday and he had a list of about 18 stops that he was going to go through Saturday to say ok council this is what we said we were going to do, you see it, how do you feel about it and that is done every six months. He felt that one of his strong points was that he had the ability to work well with the Fire and Police Departments. He felt that one of his strengths was working well with city employees. He realizes that it is impossible to be on top of everything in a city of 65,000, but he works very close with his council, that is one of the things that we received when we talked to the lady. We could not talk to the Mayor because he was out of town. VOLUME XLIX M The negative side of the things that people were saying, "I don't particularly like the guy, sometimes because of his attitude, he is so straight forward, but he does a good job." We did talk to a cross- section of people. Mayor Verbic: How much economic development has he done up in Helena, and what is the policy of the city as far as economic development. Councilman Schmidt; Up there of course, there is not that much manufacturing. The fact is there are mostly ranches, horses and so on. I don't think there is much economic development going on there. I think the factories that are there are some that have 40 or 50 employees. Helena is the State capitol and they employ about 600 people and then the other big employer was A T & T. Councilman Gilliam: Their growth rate and he says it has been this way for the last 20 years is about 5% growth per year, but the people mentioned, which is quite unique, that when Mr. Erickson came he came with a divided council, there was a lot of turmoil on the council, that the other city manager was kind of laid back and was'nt really on top of things and that when he came in he took the bull by the horns and brought the council together, brought Helena together and made the city go forward, and they thought he was on top of things. Mayor Verbic: What kind of developments did they have up there. Did you talk to any of the contractors or developers. Councilman Gilliam: We did not have the chance to do that. If you look at Helena it is basically a community of about 25,000, it is kind of in a valley, and we talked to him about what is coming in, basically the things that are attracted to Helena are basically industry, when I say industry IBM, offices are mainly what is going to come in there. He did talk about growth but we did not get into a lot. Mayor Verbic: How do the residents that you spoke to relate to the city taxes for example. Councilman Gilliam: The biggest thing that they were upset with, first of all there is no sales tax, was their water structure was antiquated, outdated and he came in and was in the process of re- building, and they did build a new water plant and the biggest complaint they had was that they had to pay a water tax to support the water plant. Councilman Hansen: There water bills were going up then. Councilman Gilliam: Yes, you know its funny they talked about water bills in the summer months of $200.00 and usually a city 709 VOLUME XLIX of 25,000 of using 12 million gallons and we asked them, and you know that is about where we are with twice the amount of people, and he said basically there is not a lot of rain out there and people like to water their lawn to keep it green and therefore they have to pay for it, but that is during the summer and normally their water bills run about $75.00 every two months, but that was the hottest thing out there. Councilwoman Shales: Do you have any feeling as to why he wants to leave. Councilman Gilliam: Yes, its a combination of things. We asked him that question and he answered that he is from Minnesota and he realizes that he is not going to get back to Minnesota and he would like to get back to the midwest, his family is here. Its funny he said he had some calls from people that either knew him or his family and they indicated that Elgin was a nice place to live and work. It was a good community. He had never heard anything bad about the community neither about the town or the city government and he said that everything that he had heard about us was positive. I guess before we go on I would like to state my personal view here. I think Mr. Erickson is a bonfide candidate, but I am not ready today to say that he should be the number one choice. I want to clarify that. I think he should remain in the running, am not sure what this Council wants to do today, if you are going to make a decision today that is something else, but if are looking at more candidates I think Mr. Erickson should stay in what ever the final group is. I would like to have a chance to compare Mr. Erickson with some other individuals. Mayor Verbic: Thank you very much Mr. Schmidt and Mr. Gilliam. Now Mr. Waters you went up to Minnesota to a town called Maple Grove, populations 22,000, Mr. Erickson was there from 1973 to 1980. They have a 4 million dollar budget and employs 80 fulltime employees. Councilman Gilliam: Excuse me, there was one thing that 1 forgot to mention. They had a Mall downtown which is very similar to ours. As a matter of fact they have kind of a semi -drive through, but their Mall was a disaster and in the four years that he has been there he has been able to get the Mall occupied. One plan that he used with a developer, he bought some vacant property downtown and in turn traded the land for some land that the city owned in an industrial park. That is just one of the things that he did to keep the downtown full. The downtown was basically just about full they had one big vacant store and I believe they had a fire there. Councilman Hansen: What kind of activity did they have in there. Retail or - - - - -- Councilman Gilliam: They were going towards the service orientation.,_...:; Mayor Verbic: With shopping centers on the outskirts. Councilman Gilliam: Yes. VOLUME XL1X 710 Councilman Waters: I talked with a number of individuals in Maple Grove, I talked with the Mayor, the City Manager, members of the Council, Corporation Counsel and staff, and I guess the findings which seemed to be coming through consistently were the same type of things that Bob was mentioning. One of his biggest strengths is also a weakness. He is very energetic, ambitious person, involved in everything and the weakness to that is if you get into an organization highly complex he may not be able to stay involved to the degree that he has in the past. found everyone extremely positive about him, almost to the person, saying that they would be very happy to have him come back if that situation were a possibility. Nothing against their present administrator, but they just thought that highly of him. It was interesting to me that at least two of these individuals, one the current Mayor, and the Corporation Counsel, were against him when he came in and for different reasons. The Mayor indicated that he was upset with the process of selection at the time and it was nothing personal to Mr. Erickson, but he was upset with the selection process and voted against him and then turned out to be one of his stongest supporters. The Corporation Counsel also told Bob on his first day on the job that he was not of the opinion that the city needed a full - time administrator at that point and he became one of his strongest supporters, and was extremely complimentary to him. Maple Grove is a different kind of community. It is a community that has developed very rapidly and when he came in there were division heads operating autonomously, there was a clerk that worked with the council, but the department heads worked auto- nomously and his assignment was to bring in together a cohesive team and then hire the additional staff. He mentioned to us in the interview the idea of a team concept, almost a family relationship and I sensed that in talking with the staff. The present City Administrator was very complimentary, saying that when he came in it was a very smooth transition and that he inherited a very talented, supportive staff. A staff that was very deeply moved when Bob left, but was able to pick up and keep things functioning very well. He has had to make very little changes in either policy or personnel, in fact he has made no changes in personnel, except for one department. I also spent a couple of hours going through newspapers. I was impressed by a number of things. One, you did not see Bob Erickson in the story, you would find him presenting the information to the Council, explaining,qualifying, and being reported as such, but it came time for pictures, when it came time for headlines you did not see Bob Erickson, you saw the Council, you saw the Mayor and in some instances you saw his department chiefs. I was suprised because that is not the impression that I got from the interview we had with him. 711 VOLUME X L I X There was a great deal of development that took place while he was there and I was impressed with a number of things-that I read in the paper in relation to that development. Most of it was housing, some of it commercial. In two or three instances there were differences of opinion, lets say, between the Council and the contractors; the developers and neighborhood organizations and as I read between the lines, as I read the stories, I got a very clear impression that Bob was the glue or the oil, whichever, which brought those people together. He involved the neighbors, he involved the citizens in decision making, made certain that they were recognized and that their concerns were addressed.When there were issues between the Council and the developers, it was the staff who was working those differences out and in some instances later on you would see a story where that issue had been resolved and developers were complimentary to the whole process. Bob is a very high energy guy, a very dedicated person, his whole life revolves around his job. He has a family that is very supportive, understands what the demands are of the profession and have accepted what that means in terms of his role, his activity level. Council members indicated to me that he that when they had decisions brought to astute person and sought guidance along things were brought to the Council much obtained through the process and he was individual members of the Council on a once or twice a week. is a good communicator, them he was a very the way so that when of the imput had been in communication with veekIy basis, personally One Council member that I spoke to positioned herself as not being a majority person. Often in conflict with others on the Council and yet she never felt that there was any favoritism in the communication, or in the information that was provided. This person knew that when the phone call was placed, it was a phone call that had been received by all members of the Council. I found no negative comment in a community that was fiscally sound. Finance people were very complimentary. His real strength in planning, he was able to guide this community in very rapid growth and laid the groundwork for development that would occur down the road and yet it was timely. It was not city improvement that laid dormant waiting for development, it was city improvement that was timely. I could not find anyone who was willing to speak negatively of him, individuals expressed concerns, but no one would speak negatively of him. VOLUME X LIX 712 in one of the developments, it was of interest to me, that there are a series of lakes in the Maple Grove corporate area, and development was occurring around these lakes and one of the Issues was how much of the lakeshore would be developed residential and how much of it would be left to public access, and that was something that they were able to work through and the final resolution on one of those that I read about was some real give and take and I saw that developers who were not receiving what they had asked for, but accepting what they received in an agreeable fashion. It was not a hard kind of thing, which 1 thought spoke highly of not just Mr. Erickson, but their Council and the community. The other thing that intrigued me was that they had a company that wanted to develop in the area and had a site picked. The site happened to be over a part of their water reservoir, underground water source. It was a chemical process company and there were a number of questions that the company did not answer adequately for the Council and for the Mr. Erickson, and the long /short of it was they refused the permit for this company to come in, and I thought in my opinion that spoke highly of the community. I did not read about that, the Mayor explained the background of it and explained the concerns that were there and it gave me some indication that the community was interested in development, but not at the expense of future citizens and I thought it spoke highly both of the community and the city administration. Councilman Hansen: In your view-was-there a substantial or a major amount of industrial or commercial activity in relation to what we see in Kane County, Elgin and Illinois. Councilman Waters: Not industrial development. There was commercial development evident and in just looking at it, it appeared to be development that would have been during the period of Mr. Erickson's tenure there. There is not a lot of industrial development in that area that I could ascertain. They do have an economic developer coordinator on their staff now, I think it is an area that they are planning for, they have an industrial park and they are working towards that direction now. I have a feeling that the city was developing so rapidly as a residential community they were just not ready for it. Councilman Hansen: Did any of the city officials that you spoke with, or local folks, have any comments on his performance as far as economic development goes, in both the industrial and commercial areas. Councilman Waters: I had a couple of individuals who indicated to me that he worked well with potential developers. I think that was probably in the context of residential development and commercial development. 713 VOLUME XLIX Mayor Verbic: Thank you very much Don for your report. We had three people who volunteered to go to Streamwood, Mrs. Shales, Mr. Hansen and Mr. Andersen, perhaps Marlene you could start f i rst. Councilwoman Shales: I afraid that this week did not allow me to do very much I was ill. I did go visit with one of the trustee's of Streamwood, Mr. Jim Adler, I went with Mr. Andersen and Mr. Hansen, so I will let them report on that. The other comment that I had to make was an article that appeared in the Courier News in June of this year, talking about contractors question Streamwood bidding policy and the headline on the second page "is bidding procedure called a sham ". I think this gives us a little different view of what Mr. Adler had to say about Mr. Edmond's policies, but anyway this happened when they were bidding on bringing the Lake water in and one of the suppliers indicated that they would be suing because they said they were the responsive low bidder and they were not awarded the contract. 1 have no idea of what has happened to that lawsuit. The other two people who are unhappy are two Elgin subcontractors, Miller Electric and F. J. Bero Plumbing. Both of them stated that they had worked for weeks with the engineer and the architect and they had submitted bids, the first bids were rejected, they re -bid, or I guess they called it a proposal, anyway they put in a new proposal and those were not accepted, and the bids were finally given, in both instances, to sub- contractors who had not bid, or who had not submitted a proposal at all. Of course during that process all the prices that these two firms had worked up had come out so they thought they had been treated very shabbily. Mayor Verbic: Did you have a chance to talk to anybody else over there. Councilwoman Shales: Just Mr. Adler, who was very high on him and who seemed a very sincere man and who had enjoyed working with Mr. Edmonds. Councilman Hansen: I talked to Mr. Adler along with Marlene and Councilman Andersen and then I also talked with Don Kirk of the Kirk Corporation, who is a Streamwood homebuilder and he echoed the strong endorsement of Korn /Ferry of Mr. Edmond as a very qualified candidate. He stated that he was a very fair man to deal with, evenhanded. He said that a refreshing thing that impressed him was that Mr. Edmond understands the time value of money. He is a very hard worker,in his estimation, puts in a lot of hours, self - starter. He said he is very professional in his dealings and negotiations and he indicated that you don't get everything that you ask for, but you know where you stand with the Streamwood administration and Board. VOLUME XLIX 714 his 1 t co"1Y1en+- he `a '^e hopes that ;,r. EVEfFClllds stays i n S aCJ ar rE �r..ri a. r.c�.. Sa i as ti in Streamwood. This man has been building homes in Streamwood for the last five years, so he has worked with the previous administration and he indicates that one of the reasons that he is still in Streamwood is because of the professional and evenhanded treatment that he gets from Mr. Edmonds and his staff. In addition to Marlene's comments about Jim Adler, he is a Trustee in Streamwood. He has been in office and has seen both the previous administration in operation and Mr. Edmonds' and he said this is the difference between night and day. Mr. Edmonds works well with people. He said they have a budget of 11 million, a population of 25,000 and he could not said enough good things so I think this verifies the Korn /Ferry references. They indicated that Mr. Edmonds has a good knack for negotiations and treats all of the people that he comes in contact with in city government evenhandedly, both the city employees and the developers that come into the city, and his village trustees. I think it was a very positive bunch of references. Councilman Andersen: All I could to do would be to echo what you have already said. Mr. Adler was long, profound and profuse with his remarks about Mr. Edmonds, and he said you are just going to make my work more difficult if you take him there to Elgin. He indicated that it would be a loss to that community out there, but he said that our loss is Elgin's gain, and he considered, or at least indicated, that if Mr. Edmonds came to Elgin that it could enhance Streamwood's future also because he said Elgin is a sleeping giant out here and has done nothing for the last, twelve, fourteen years, but stagnate, and in his opinion we were sitting in the golden chair here and there was bound to be some spin -off for Streamwood if Mr. Edmonds' talents were put to use here in a manner in which they were in Streamwood. I would have no doubt that what he could probably do twice as much in industrial revenue bonds and in attracting developers, etc. Councilman Schmidt: I have a question. Why interview just one person. We went out with the understanding that we were to get a cross - section of the community from different people and all i hear is from a Mr. Adler. Councilman Hansen: No. I talked to Don Kirk and another Streamwood trusteewho is sitting in the audience. Councilman Gilliam: I took the liberty to talk to the people in Steamwood also. I wanted to get the pros and cons of Edmonds and the response that I had was workalcoholic, gets along well with people, does a good job of going out and getting economic develop- ment, which is what you said, it was very positive along those lines. Like I did with Mr. Erickson, I said tell me the good and bad because we all have some good and bad and all I have heard so far is good. 715 VOLUME xLix one weaKnesses i neara were ail nas a tendency not to say no, has a tendency to be all things to all people. Now, I am sure that is difficult when'you are a city manager. There was a question yes he did go out and hustle a lot of business, but there is some concern, what price do you pay when you bring business in as rapidly. My question asked of the councilman was he is bringing in this business how tough are your zoning codes, how tough are your housing codes and I really did not get an answer to that, that was unanswered. Councilman Hansen: We discussed at length, in fact Jim Adler volunteered and stated that they revised their city code and they basically came to the point where they adopted the BOCA Code and that did enhance their ability to attract developers in business, but he also, and I am sure Marlene will verify this, stated that they were not throwing the baby out with the bath water, they are not giving anything away out there, at least in his view. In fact Don Kirk made a point of stating that you don't get everything that you ask for when you deal with him and his staff, and the trustees, but you do know where you stand after you sit down and negotiate with him. Councilman Gilliam: What I heard is yes he has gone out and seek developers, he seems to spend the majority of his time doing that, seeking development. My concern is that we keep harping economic development, are we looking for an economic developer or a city manager, am not knocking Mr. Edmonds because I did hear some good things about him and I have said that. I did hear some things which disturbed me that I wish I had time to follow up on but I had to go out of town. When I say disturbed, not disturbed in the fashion that there is anything wrong, but I want to get both sides of the coin. Councilman Andersen: As far as his being a city manager is concerned, he did replace one person out there and I guess it was an unfortunate circumstance, there was a murder in the Village and there was some adverse reaction to the police chief handling of that. In any event it finally came down to the point that the chief of police should be replaced and he was replaced, I understand very quietly, I think Mr. Edmonds even assisted in him getting some employment elsewhere. He does manage and handle his departments. Councilman Hansen: I have a comment on Bob's remarks. You know when I talked to the average citizen one of the issues in the city that they always come around to as one of their important priorities, along with taxes, is the business and economic development. I think the average person on the street recognizes the connection between building businesses and locating businesses in town because they produce jobs two different ways. They produce construction jobs and that activity produces sales that require local businesses to sell building materials and supplies to them, and then they create jobs. It creates retail jobs, factory jobs, office jobs and those kind of things. VOLUME XLIX 716 1 think that is a really important, not necessarily the only attribute.that we want in our city manager, but I believe it is an attribute that we want in him, at least in my view, because it is so vitally important to our city, we have to have these jobs and this business activity to make this city go. I would rather have the candidate that I am in favor of have that as a strong suit, certainly along with the managerial skills that it takes to run a city. Councilman Gilliam: Mr. Mayor, I think that from the letter that you wrote the paper and the information that I gathered that we are not going to make a decision today, so 1 am not ready to debate everybody's weaknesses and strengths at this point. I think from reading the Council that there is an agreement that Mr. Erickson and Mr. Edmonds should remain as the final two. Now, do we go from there and make a decision and further investigate the two individuals, or at this point do we turn and seek other applicants. I am not sure of what your direction is for the Council. Mayor Verbic: Well, there is no clear cut direction for the Council as far as selection at this particular point. From everything that I have heard at this point there are good and bad points. As long as I was deprived of going down to Galesburg I took the liberty of spending about four hours on Wednesday afternoon of going through my patient card file and made calls. It was amazing to find after talking to them some of the reports that you get and to find that a lot of them were very conscious of city .government and some are not. I could get people who can relay some kind of an idea who the city manager is, how happy they are with city government and these are some of the things I tried to get from the man on the street. Some of the people I talked to were businessmen, housewives and and I formally built up an idea of who Mr. Edmonds was. I found out that he is a family man. I found out he is a leader, one who has brought in a lot of insight into the City of Streamwood as far as the accomplishments they have seen in the last few years. in talking to one person that works at city hall she mentioned specifically about the budget changes and about the money that has been accummulated in the treasury in the last few years, all of which never was apparent before Mr. Edmonds took his place as Village Manager. On two occasions I got the report that he has a rare ingrident and that is that he is a leader. I did get a couple of bad remarks like one of the persons that worked at city hall said he is a meticulous person, but he needs someone to clean up the small details. Apparently from what I was told they hired an assistant city manager in the last year's time. 717 tin Eimer v i E v ,. � K ,. Those who have dealt with him and those who have read about him feel that he is a man with a lot of common sense. He has a knack of knowing everyone of the employees over in Streamwood, he communicates with people and is able to get along with people, which I feel is another good aspect. Some of the people say that he has been a self - starter and that is certainly apparent from what has happened over there. i talked at ramdom to 30 or 35 people and these are the kind of communications that I got. I do know that the City of Elgin is 40 miles west of the City of Chicago. 1 do know that the coming 10 years are going to be crucial years for most cities in the middle west. We are in that area right now where we have lost a lot of the smoke -stack industry. We are faced with the last area in the country whose unemployment rate has drapped extremely slow from the heights of the recession. We are going to have a battle to maintain and obtain new jobs, i think this is extremely important for our city. It is very important that if the city is going to grow you have to have the job base. Jobs are the.answer to growth in the city.' We all know how many homes have been built here in the last 3 years. We look at some of the other communities and we could say why has this happened. We have not been aggressive, there is no question about this, and maybe Elgin has been by- passed, and maybe something can be done to encourage people or developers to build homes and bring in new industry, all of which is important to our future. 1 think a businessman, one with capabilities., one who has been out there in the trenches and knows what it is to make a dollar has a lot of good positive facts that you can fall back on. I think that kind of background is very essential to anyone that we select because we need a more business orientated manager in the future because of the competition that we are going to face . So those are some of the things I have thought about in selecting a city manager. I did talk with Bob Slavin and in today's mail via Federal Express I received five more candidates. These people are interested in coming in and Mr. Slavin feels these are qualified people who we may want to take a look at because their applications came in after our last interviews. They were on his desk when he returned to California. I am willing to share this information with you this evening and you can ascertain yourself as to whether or not you would . like to have these additional candidates come in, or if you do not wish to do that, if you want to have a directed vote on the two candidates today that is alright with me, if you feel you are ready for that at this particular point. VOLUME XLIX 718 Councilman Gilliam: I have indicated here that Mr. Erickson of the people that we have interviewed is the one that I was the most impressed with, but I am not ready to make a decision on a city manager. I am still open to look because yes, I looked at Helena, and Councilman Waters went to Maple Grove, we have been to Streamwood. I want to see more candidates. I can be persuaded not to vote for Mr. Erickson if I see someone who is more qualified, but I am not ready to vote for Mr. Erickson or for Mr. Edmonds, or against it, either one, until I have the chance to look at more people so 1 can. compare, because we have really only talked to what I consider two people. We have only investigated tow people on our own and that is not enough for me to make a decision and that is where I am at now. Councilman Hansen: I have a different opion of this. We employed what we understood to be, and I believe is, the leading consultant that searches out management candidates for municipal positions in the country. They are the largest at least and the best reputation. We are paying them somewhere between $11,000 - $15,000 to weed out and submit suitable candidates for the position of city manager. Now the five that we interviewed all day last Thursday, and I said this at the meeting, I think were capable of running the City of Elgin, so I think Korn /Ferry did their job. I don't think that we can afford to delay this process in view of the public nature of the process and be fair to these two remaining candidates. In fact if these two gentlemen get any more publicity out of this whole thing they may fold up their tent and go home and I don't think that is fair to the City of Elgin, this Board, the candidates, or even Korn /Ferry, even though they are getting paid. This is what we hired these people to do, we have already sifted these down. Councilman Gilliam: Councilman Hansen I would agree with you. If the purpose of this meeting is to decide between Mr. Edmonds and Mr. Erickson, then I am going to take a different tactic. I came into this meeting thinking we were going.to' continue the process and if that is not the case then I think we should take time and I want to go down and discuss what I see as the strength and weaknesses of Mr. Edmonds., as I see him, I think we should go down and discuss the weaknesses and strength of Mr. Erickson as we see them and then we should just open up the door and lets take each person personally, address them and identify them. If that is the case then I think we should change the meeting and lets get into that. Councilman Hansen: Mr. Mayor, I am prepared to stay here until midnight to accomplish that goal. Councilman Andersen: As far as getting another slate of canidates in here, I think we are acting like a bunch of kids in a candy store. The wider selection you think you have the more confused you get. We have been fooling around with this thing for approximately six months and if Korn /Ferry does not have the expertise to present the five best people out of the 42 that they said applied, then I think our confidence in Korn /Ferry was misplaced. 719 VOLUME XLIX After interviewing those candidates personally, and we were all there, and they all spoke at length on their own accomplish- ments, attributes and some of the their shortcomings, I am for letting the process go forward and lets vote on it. Lets see what we got. Councilman Gilliam: Is that the consensus of the group. Mayor Verbic: I think the first thing we have to address is how the majority of the Council feels. Councilman Waters: If it is between two candidates at this point, I am hearing two councilmen saying that they want to make a decision tonight and if I interrupt correctly what has been said, am I of the right impression that both of you have made up your mind and have determined who it is that you are ready to appoint at this point. Councilman Hansen: I can only speak for myself Councilman Waters, I have tried not to speak for anyone else. I said a week ago Thursday and I will repeat myself one more time that 1 felt that Korn /Ferry sifted out 5 candidates out of 42 who were all capable of managing the City of Elgin. Now I happen to feel that some have attributes that will fit Elgin better than others and that is where I am right now. We have all been sent out to gather information on these people and it is all being made public. Now I have not heard anything about either candidate that would knock them out of the running at this point, and if you want to dig far enough you will find somebody that will accuse both these candidates of beating their wife. If I dig far enough I can find somebody that will accuse you of beating your wife. So we have had the time, in my view, to make this determination and frankly I don't know what else we can do. If you have some more information that is of a derogatory or positive nature on any of them I am happy to listen. Councilman Waters: Councilman Andersen, can I assume from what you have said that you have a person that you are ready to vote on at this point, the decision is made as far as you are concerned. Councilman Andersen: 1 am not ready to subject another slate of candidates to the jeopardy that this slate of candidates has undergone. Jeopardizing their current and /or future positions by the publicity that has surfaced on these candidates that was supposed to be confidential. Frankly, I do not care to go through that process again because I think that somewhere along the line I think the city could come out on the short end of the stick via the courtroom. Councilman Waters: I heard you asking for a vote saying that you were ready to vote and I assume from that you have a candidate that you have a candidate that you are ready to vote for. Councilman Andersen: I would say that if somebody called for a vote that is a valid assumption, I am sure not going to vote on nothing. VOLUME XLIX 720 Councilman Gilliam: Just one last response to Councilman Hansen's statement about Korn /Ferry. Yes, Korn /Ferry has a National reputation., but after this process no matter how it went my response to Mr. Slavin was I think that he compromised himself from the standpoint that in talking with him his concern was that there are qualified candidates out there and he read into this that Mr. Edmonds had the potential to be selected by the Council and he compromised himself by saying if I don't select this individual I don't get my money. Councilman Hansen: Mr. Gilliam you are making some accusations that I think you should substantiate. Councilman Gilliam: I talked to Korn /Ferry and I talked to Bob Slavin, and if you want to get Bob Slavin on the phone, his comment was this, his concern was, that if the candidate was not recommended by him that he would not get his fee and he told me that on the phone, and if you bring Bob Slavin here I will say this to his face just like I have said it to yours. That is how I will substantiate what I have just said. Councilman Hansen: I have never heard that from anyone else including the Korn /Ferry organization and I think that is an unfair accusation. Councilman Andersen: You know part of that is a true statement if Mr. Slaven did not present a candidate to us that we voted on he would not get paid. If we went out into the woods and dug up somebody he would not get paid, but he dug up six candidates, the sixth one dropped out because of-publicity and I don't see where Mr. Slavin was in any danger of not getting paid. Councilman Hansen: If I interrupted Mr. Gilliam's accusation incorrectly I apologize. Mayor Verbic; On the resumes that we received today for city manager candidates they want confidentiality. They do not want it to be known in their city that they are coming to the City of Elgin to apply for a job and the next night have the papers fill up with the fact that Mr. so and so is leaving the city. So they have mentioned this in their resume that they need confidentiality. Now my question to the Council is if you did have 5 more people come in you are not going to have any confidentiality with these applicants and I hate to destroy any man's ability to obtain a job. If he is willing to put himself on the line to apply for a job and he has been looked over and his credentials are good by the people who are employed by us, and as Mr. Slavin has told me more than once, the way the advertisement was placed in the city manager's magazine, it precludes having anybody apply for the job who have been an assistant city manager and have been on for a short period of time, and it makes it much easier the way they place the ad to get only those who they feel would be able to assume the City Manager's job. 721 VOLUME X L I X My question to Council is if you had five more come in and 1 gave you these resumes, tomorrow it will be in the newspapers that they all applied for a job and how will we be able to protect these people who apply for this position. You say that you are not interested in moving ahead at this particular point, but at this time the people up in Helena know that Bob Erickson has applied, the people out in Streamwood know that Ed Edmonds has applied. There has been no confidentiality. Councilman Hansen. I will make a statement, I won't participate in a sham like that because I agree with you. We have an obligation to these candidates, I have that obligation when I employ people, fortunately I have control so that when I interview people that I can use common sense and discretion and jeopardize their careers, and I am going to say this right now, I am not going to participate or review anyone's resume, or application who states on there that this has to be confidential because we have already demonstrated to the world and everybody else that we can't do it. Mayor Verbic: I am convinced that Mr. Asorro would have remained a candidate. We had our interviews on Thursday. I called him Friday morning and I told him he was one of the final candidates, myself and one of the other Council members want to come down on Wednesday, we would like to spend some time with you and visiting city officials, or anybody we feel might be important to the selection process. He said fine, I will schedule these people for you on Wednesday and I will give you at least 3 to 4 hours on your own and you can do what you wish. On Monday its in the paper and on Tuesday the man withdraws. How can we protect an individual applying for a job when it appears in his newspaper that he wants to leave the city to move to another city. Councilman Hansen: Mr. Mayor, I will make a motion that we proceed with selecting one of these remaining finalists that our consultant has selected out of 42 applicants. Councilman Andersen: I will second that with the provision that we vote the same way that we did at the Holiday Inn on the prior candidates. One is the high score, two is the lower score. Councilman Hansen: Mr. Mayor, I would ask that the City Clerk tabulate this vote and keep it confidential. Councilman Gilliam: Wait, we should decide if we are going to do this first. Mayor Verbic: A motion has been made by Councilman Hansen, seconded by Councilman Andersen that we proceed with a vote to determine whether or not we will vote on the two final candidates. VOLUME XLIX 722 Councilman Schmidt: 1 am going to forthright here and say that I am not in a position right now to vote in favor of this, mainly because I just got off a plane at one o'clock, this discussion is very heavy in my mind. I would like to have a couple of days whereby I could weigh the good points on one candidate and the good points against the bad. Weigh them out and see just what is what. We have heard from Councilman Andersen, Councilman Hansen and it was my understanding because Bob and I are supposedly on opposite sides, I don't think I really heard much from Councilwoman Shales, on just what she feels. Councilman Hansen: I am willing to listen to further comments from anyone and I am pleased and thrilled that two candidates have undergone this kind of scrutiny and they both have come out really super. I think that is amazing and I think it is a credit to Korn /Ferry and the various people who went out and interviewed these people. I think that we are very fortunate to have two people, "knowing the situation here, that 1 believe sincerely want this job. I believe everything that Councilmen Gilliam, Waters and Schmidt have reported back on Mr. Erickson and obviously I was there with Pete and Marlene and I believe that so i am not disbelieving any information on either one of these two candidates. Mayor Verbic: Will the Clerk call the roll. Yeas; Councilmen Andersen, Hansen, Waters and Mayor Verbic.. Nays: Councilmen Gilliam, Schmidt, and Shales. Councilman Waters: I voted yes because it seems to me the issue is between deciding tonight or reopening the process and I sensed that there was not sufficient support for reopening the process. I am not willing to delay two days, or three days, I would have preferred to reopen the process, but I don't sense that there is support for that and thus I am ready to make the decision this evening. Councilwoman Shales: I don't know that we can have a closed vote at an open meeting. I also wanted to ask that if we decide to hire Mr. Edmonds, will he be hired with the four year contract that he requested. Mayor Verbic: No. in talking to Korn /Ferry, I spent a few minutes with him after our meeting last Thursday and their hiring also takes in negotiations and if these negotiations do not proceed to the point where we as a Council would be satisfied, naturally under those circumstances you would not hire that person. 723 VOLUME X LIX Counc iman G. l l iam�: T I_a_ �e___ f t_ -. To u�rc �vu�i�.i aiiiaE� rfdff5erf s favorite statement the buck stops here. I have not heard any guidelines'or salary, fringe benefits, I have trouble with Mr. Edmonds saying that he did not want to move into the community, that he wants to stay outside the community, he feel the city manager will be more objective outside the community. I have trouble with that and I have trouble with Mr. Edmonds saying he talked to his police chief and one of the problems why he got rid of him is because he wanted him to generate more revenue. Those type of things scare me and I think those things should be resolved. I think that any city manager that is going to draw a check from the City of Elgin should move into the City of Elgin immediately and Mr. Edmonds said that he did not want to move because of his children, to continue school, and he also said that he did not want to live in the City of Elgin because he wanted to remain objective about making decisions for the City of Elgin. To me if we are going to pay a guy $50,000 to $60,000, whatever that figure is going to be, and he can't live in the City of Elgin, I got problems. Mayor Verbic: I would agree with moving into the City of Elgin, I think it is imperative for any appointed chief executive officer to be living in the City, I agree with you 100 %. Councilman Gilliam: Its the law. Councilman Hansen: I would think that common sense here would indicate that yes, I think that we should get either candidate to commit to live in the city and I think the common sense part of the approach is that we have to recognize the difficulty in selling_ and buying real estate. I think we could put some guidelines or some time limits on that. Councilman Gilliam: See these are some of the things that we as a Council, whoever is selected, we have not even sat down and agreed unanimously on salary, 1 don't want Korn /Ferry to negotiate how much money I am going to pay somebody. I think that should be set here with us, and I don't want the Mayor negotiating that salary, I think we as a Council should do it. Mayor Verbic: I have not been hired to do that job and I would not be interested in it because it is a Council decision. Korn/ Ferry just said this is the way that it is usually done, we can negotiate with any Council guidelines. That's fine, that is part of what they are being paid for. Once we select we can give them the guidelines. Councilman Gilliam: I think we should talk about guidelines first. Mayor Verbic: Fine. Lets start out. VOLUME XLIX 724 ,coI, c i 1i. 4, 1 a T4, Mr,n' 1 Code � fk-.+- the f- i ty ,,..�.n yrolla�, S „a 1. s: I,le ,,4AI,I4�pa, VVde s,aLes L„�L L,IG Manager shall be appointed for an indefinite term and as I read that we cannot give any kind of a contract to a manager. Now, Mr. Edmonds stated he would not come here without a four year contract. Councilman Hansen: It was my sense of the meeting Thursday that contracts were not common, but letters of agreement similar to what Mr. Nelson had are common. Councilwoman Shales: This would be very different than what a four year contract would be. Mayor Verbic: Councilman) Gilliam, did your discuss With Mr. Erickson salary, moving costs, etc. Councilman Gilliam: No. I went out therewith the understanding that we were just to go out and decide ho,. Mr. Erickson fared with his community. I was not sent out there to negotiate, the Council did not give me or Mr. Schmidt that authority. We went out to check his background and references. If I had talked about salary, I would have been out of line with this Council. Mayor Verbic: I think that should have been part of the conversation, if he would have said he wanted $75,000 you would have gotten right back on the plane. Councilman Hansen: Mr. Mayor, I disagree with you. I don't think we sent them out to negotiate employment. I am pretty much in favor of having Korn /Ferry help us after we have set some guidelines. It is pretty hard to negotiate with a group of seven. Councilman Gilliam: I realize that we have like to state my position first. One, I do the Dosition of nickino between two people- ' continue. However, if it comes down to vote between the two I will make a choic. still to continue to look further. to vote, 1 would not like being in I think the nrnracc to that and I have 4, but my choice is Mayor Verbic: How could we protect those who have applied from not getting back into the press on Sunday that they are applying for Elgin's job. They say right here it has to be confidential, how can 1 do that. Any man applying for this job that tells me this, I am going to listen to what he says. I don't think it is fair that anyone should give it to anybody so it goes back to their cities, that puts him in a position that when he meets with his council they could say hay you are unhappy with us go to Elgin and then maybe he is out of a job, and I don't like that. Councilman Hansen: There is one other point and that is I think this would be unfair to the consultant because they are operating in good faith here and I don't think that they would permit these resumes to be distributed if they could not assure the applicants that they would remain confidential. I think we are putting the consultant in a real box here, they are getting paid for it, I don't feel sorry for them yet, but I think we are compromising them. 725 VOLUME XLIX Councilman Waters: I indicated a week ago Thursday that I felt that we had not been given a list of candidates that this community deserved. I think that when you made the decision to make this a public meeting tonight in my mind you also changed the discussion of this meeting. I have talked to people from Streamwood also. I have talked to staff people from Streamwood, I have talked to former people from Streamwood and I am not going tonight, in a public meeting, share the comments that I have heard, I'm sorry I am not going to do that. I am in a position now where I am ready to vote between the two individuals, but don't ask me in a public meeting to share with the rest of this Council negative comments about either of these candidates. I think that is more unfair than reopening the process. Councilman Schmidt: Mr. Mayor, I would just like to make one comment about talking about salary. I was under the impression like Councilman Gilliam said that we were just to go out and interview and talk to people, which we did. We had no guidelines as far as salary or fringe benefits. However, at the interview with Mr. Erickson he did say that it would have to be a seven majority vote. I asked him that question again when we were out there and he said yes he would want a seven majority vote. Mayor Verbic: If one is selected there is no reason why you cannot have reconsideration of the vote and vote unanimously. Councilman Gilliam: You know I feel like I am in a box. Its like you are asking me to choose tonight without putting a character reference on each one, you are saying pick the lesser of two evils. Lets say if Mr. Edmonds wins I feel uncomfortable with him. if Mr. Erickson wins I feel uncomforable with him, because I am not sure that either one is the best candidate. I feel I am in an awkward spot. Councilman Hansen: Korn /Ferry has been in this business long enough I think and hope, at least by their reputation, that if they got anynegative reports on any five of those candidates that they would have told us, that is their business. Now they indicated that some had their weaknesses in some areas and strengths in others, and I think they said that about all the candidates. So if the allegations that Dr. Waters is making are true, I would not think that Korn /Ferry would have proposed him. Councilman Gilliam: First paycheck. The guy is going bounties and he is going to to live here and I consider be, very dear and important Mr. Slavin told me over the you make your choice then I He doesn't care about Elgin Df all Korn /Ferry is working for a to come in here and collect his go off to another city. We have this individual, whoever it may to the city and to the Council. phone I will get you the candidates, get my money and I run out of town. all he wants to do is get that checl�- VOLUME XLIX 726 Councilman Hansen: Are you quoting Mr. Slavin verbatim. Councilman Gilliam: I will tell you what, you bring him in here and I will say everything that I have said now to Mr. Slaven. Councilman Hansen: I am only going to respond by saying this. I and most other businessmen in the country have a little more consideration and respect for our customers. I don't think Korn /Ferry treats their customers that way. We don't consider our customers as just a paycheck. Councilwoman Shales: In semi - defense of Korn /Ferry I think they were harried and hurried too much. They had outlined this process as taking much longer and for some reason you speeded it up. I did not speed it up. Mayor Verbic: I did not speed it up at all. When I talked to them on the telephone I said do you feel that you are going to have the qualified candidates in x number of days or weeks and he said I certainly will. I said now that we are not going to have the referendum on the change of government 1 think we should move whenever you feel it is convenient and he said look I can be there on October 11th. Its not that I had any interest in speeding it up but he said look we have the candidates, we have the qualified people an.d we will present them to you. Councilwoman Shales: There was no need to speed it up, he did not have all of the candidates in. The literature he sent out had a date that was past the date that we were doing the inter- viewing, obviously people were going to apply for the Dosition after the interview because they did not'know that the. interview was already over with. I think that we have not seen the candidates that we should see. I feel bad that we subjected these five candidates and I don't feel that I am in a position to choose either one of these guys. If I had to choose one I will choose Mr. Erickson because of what I perceive as his greater experience and his greater background.in city management. Mayor Verbic: Marlene, I would be only too happy to have the five additional candidates we have here come in, I think it would be excellent, but I can't do it, I cannot protect these people. Councilman Gilliam: Mr. Mayor, hold it, who said this was your decision. Mayor Verbic: I am just saying that even if the recommendation was voted upon I can't do it. Councilman Gilliam: No, it is not your decision. 727 VOLUME XLIX Councilman Hansen: We decided by vote that we are going to make a selection tonight. Councilman Gilliam: Councilwoman Shales I think you have to realize there are two reasons why we are in a hurry. One is there is a concern that there might be a change of Council. Two, the Mayor indicated in closed session that he is afraid that I am going to end up voting to bring Leo Nelson back therefore that is one of the hurries. Mayor Verbic: Bob, you made the statement out in the Council room on two occasions after May 21st. We voted to go ahead and consider two candidates is there any further discussion. Councilman Gilliam: I think we should have a third choice, I think there should be three choices. Councilman Hansen: Let me ask Councilman Gilliam one question.. Did you vote to employ Korn /Ferry, and pay him the fee that they requested. Councilman Gilliam: Yes. I am like the patient that needs surgery and I wonder if I should not get a second opinion. Councilman Hansen: Do you want to start all over and employ another consultant. Councilman Gilliam: No I did not say that, but I am saying that I think Bob Slavin compromised himself by being a skilled business- man and knowing how to read the cards, that who was going to be elected to possibly be a finalist as a city manager. Councilman Hansen: Mr. Mayor, might I suggest that we adopt a method for voting on these two remaining candidates. Mayor Verbic: We are in an open meeting so any voting will be done without a secret ballot. Councilman Schmidt: I know we are going to take a vote tonight, my only regret is that I did not have an opportunity, because I was out of town, to go out to Streamwood and do a little back- ground work on my own. Councilman Hansen: I would like to state that regardless of which candidate is the majority winner that on a reconsideration that I will gladly and enthusiastically vote for the winner to make the vote unanimous. I would also like to say that I would suggest and I would be in favor of, myself as a Councilman, would support the loser in the event that the negotiations regarding employment conditions breakdown with the final selection. VOLUME XLIX Councilman Waters: a motion being.made just simply call th voting for and then unanimous vote. 728 Mr. Mayor, I would suggest that .rather than in favor of one of the individuals that we e roll and indicate the person that we are it would be appropriate for a motion for a Mayor Verbic: You are not making a motion, you are just voting for a candidate of your choice and after that choice has been we will have a motion for the employment of that individual. Councilman Schmidt: Suppose that does not come through as a 7 -0 vote, what happens then. Mayor Verbic; Whoever is going to be the ultimate winner I think the Council should go into this with the idea of a positive situation of supporting this individual with a 7 -0 vote. Another thing that should be clarified and there was some discussion on this, as to what we should do in regard to negotiations. Councilman Hansen: Why don't we do that after we do this. Mayor Verbic: You want to do that afterwards. (the Council majority indicated they concurred with this suggestion) Alright, we have two candidates, one is Ed Edmonds and the other one is Bob Erickson and I will ask the City Clerk to ask each individual who their choice is. Councilman Andersen: ' Councilman Gilliam: Councilman Hansen: Councilman Schmidt: Councilwoman Shales: Councilman Waters: Mayor Verbic: Councilman Waters: to cast.a unanimous next city manager. Mr. Edmonds Mr. Erickson Mr. Edmonds Mr. Erickson Mr. Erickson Mr. Erickson Mr. Edmonds I would move that the City Clerk be directed vote selecting Mr. Robert Erickson as our Councilman Gilliam: Second. .Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: Councilman Andersen. Mayor Verbic: Do you want to reconsider your vote Councilman Andersen to make it unanimous. Councilman Andersen: I don't want anyone voting for me. I don't want the City Clerk voting for me. if you are going to cast a unanimous ballot just vote over again. 729 VOLUME XLIX Mayor Verbic: As long as the majority of the Council has selected one candidate I would like to see a unanimous ballot. Councilman Andersen: I am just discussing procedure. Councilman Gilliam: According to Robert's Rules I believe you can change your vote before the next motion is made, so at this point another motion is not necessary, but let me say this, I also respect where Mr. Andersen is coming from. Councilman Waters: if the objection is the direction to have the City Clerk to cast a unanimous ballot, could you support a motion that Mr. Erickson be chosen as the next city manager for the City of Elgin. I so move Mr. Mayor. Councilwoman Shales: Second. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. Mayor Verbic: Negotiations, how do you want to proceed with that. Councilman Schmidt: I think Councilman Gilliam if you will recall one of his stipulations that he asked for was that if he was hired that he would like to come down and spend two weeks here and go throughout the staff, get acquainted and then he would like to go back and make his preparations for moving. Mayor Verbic: I am talking about salary and fringe benefits. Councilman Schmidt: What did he ask for. Mayor Verbic: They all stated what they were getting, they did not state what they wanted, that is up to negotiations. Certainly a fellow moving from a town of 25,000 to a town of 60,000 is going to be asking for more money, he may be asking for car allowance, he may be asking for this or that, and that is the type of negotiations which Korn /Ferry is equipped to handle. That is why I feel this would be the best approach for us. I think that within the guidelines that we present at this particular point, we could give this to Mr. Slavin and say Mr.Ericksonhas been voted on a 7 -0 unanimous vote would you go into negotiations with him and I would like to have guidelines established as to what you feel the starting salary should be. Councilman Schmidt: If I recall correctly did we not stipulate in a motion that the salary should be between $52,500 and $57,000 or $55,000. VOLUME XLIX 730 Mayor Verbic: We had something listed, you had this, I will read it to you. Most of the members of the City Council established the starting salary for the new city manager within the $50,000 to $55,000 range, depending upon qualifications. Councilman Gilliam: Rather than prolong this, I would yield to the Mayor and say let Korn /Ferry start negotiations with Robert Erickson and then have them bring everything back to us to decide upon. Mayor Verbic: One thing that is going Slavin will talk to Mr. Erickson and t chosen as a unanimous choice to be our find out what he is looking for as far is something we should have asked each when we interviewed them. to happen, 1 think Mr. ell him that he has been city manager and he wi l I as wages. Maybe that candidate at the time I will tell him that according to our recruitment profile this is what the majority of the Council wants as far as wages are concerned and lets see what he comes back with as far as other fringe benefits, and I will relate that to you as soon as I get it. Councilman Hansen: I am sure that Mr. Erickson will want some time to consider this offer, or consider his acceptance, and I think we should put a time limit, say one week. Mayor Verbic: I remember that he specifically asked for 60 days before he would come down here. Councilman Hansen: Wasn't that 60 days before he was going to move his family. Councilman Gilliam: He said that he would would probably be 6 months before he could down, but he told us if he was offered the down for 2 weeks and meet everybody in the back and be prepared to move, but there wa when he needed to give an answer. come down and it get his family job he would come city and then go s no time limit on I think a week is fine. I am willing to give him a week to offer. Councilman Waters: I just need a clarification as to what a week to ten days is. If we are going to ask Korn /Ferry to get involved in negotiations and come back to us, this is a bilateral discussion. We have to woo this guy now, he is our choice, we have to bring him here, we have to get him here. I think that if we are going to bring Korn /Ferry in we can't set a date of a week to ten days from today, because we don't know how soon they are going to be able to move with this. -7 n 7 /] 1 VOLUME XLIX Mayor Verbic: Talked to Mr. Slavin today, after I received these resumes, and he said as soon as we make a selection, or if we want the other five candidates in, he would have them in next Friday. I said if we make a selectiontonight I will call you and let you know and from what we discussed in the past we will set the guidelines as far as negotiations. The one thing we have is salary, we want to find out what his other thoughts are as far as what he is looking for, I don't think any of us know. So I think it is up to Mr. Slavin who has much more experience than we. I would suggest that we put that in his hands and as soon as he gets a report to let us know what it is. Councilman Waters: Once there is an offer made then the clock starts, not today. Councilman Gilliam; No, you could not start today. Councilman Hansen: I appreciate that. For him to make up his mind I think we should certainly authorize expenses for him to bring his wife out and spend some time looking the city over, because we want her to come out here with a clear mind and to feel comfortable in the community. Councilman Gilliam: So we can say that (1) he has at least a week to ten days,(2) he can bring his wife out at our expense. Dick, maybe what you can do if he comes out here is have him meet with us and if Korn /Ferry wants to come in maybe we will have a chance then for us to do some talking. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Gilliam to adjourn the meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 6 :20 p.m. C Marie Yearma C ty C er WrAl 11"r VI IV VVLUI'IL ALln UL -LVVeE d'_ 1- 19 _1 'F /DL 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 22, 1984 at 8:15 p.m., in the Council Chambers of City Hall. The meeting was called to order Mayor Verbic. The invocation was given by Reverend C. Lee Gilbertson of the Episcopal Church of the Redeemer, 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. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE OCTOBER 8, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Schmidt made a motion, seconded by Councilwoman Shales to approve the October 8, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Request from the Womens Auxilary for the Passage Program to have a bonfire in connection with a Halloween party on October 27th, at 695 South State Street. Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the above request. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nuys: None. Welcome to Boy Scout Troop No. 14. The Council welcomed the attendance of Boy Scout Troop No. 14, and Mr. William Werst introduced the following members of said Troop: Nohl Arnold, Scott Haacker, Craig Haacker, Byron Huntington, Kirk Mease, Randy Riggs, Chris Carlson and Bill Werst. Our Assistant Scoutmaster Steve Arnold, we also have Troop Committee members Don Haacker, Mrs. Carlson, Clyde Huntington and myself. 733 VOLUME XLIX BID AWARDED FOR AIR COMPRESSOR FOR NEW FIRE STATION Mayor Verbic: As you will recall we discussed this item at the last meeting and subsequently we have received further clarification from Mike Sarro and imput from the Fire Chief relative to this item. Are there any questions which anyone would like to ask the Fire Chief or Mike Sarro at this point. The recommendation is still to award the bid to Able Fire & Safety Equipment, Inc., for a net price of $14,602.00. Councilman Gilliam made a motion, seconded by Councilwoman Shales to award the bid for an air compressor to Able Fire & Safety Equipment, Inc., for a net price of $14,602.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID FOR THE FOX LANE WATERMAIN EXTENSION TABLED Councilman Gilliam made a motion, seconded by Councilman Hansen to table this bid to the November 120 Council Meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales., Waters and Mayor Verbic. Nays: None. BID AWARDED FOR IMPROVEMENTS TO CIVIC CENTER COMPLEX Councilman Waters made a motion, seconded by Councilman Gilliam to award the bid for the improvements to the Civic Center Complex, Alternates 1 and 2, to Larry Koesche of Gilberts for $57,363.25. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR COPY MACHINE FOR NEW FIRE STATION Councilman Gilliam made a motion, seconded by Councilman Waters to award the bid for one Minolta copy machine to the low bidder, Office Copy Products, for a total bid price of $3,575.61. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING CITY OF ELGIN KANE AND COOK COUNTIES, ILLINOIS, ELGIN -0 HARE SPECIAL SERVICE AREA NUMBER ONE Mayor Verbic: The purpose of this hearing is to hear any interested persons concerning the proposed establishment of the Elgin O'Hare Special Service Area Number One, to provide special municipal services for said Elgin O'Hare Special Service Area Number One, including road improvements, acquisition of right -of -way, paving and the construction of necessary curbs, VOLUME XLIX 7 LL gutters and street lights, as well as the construction of sanitary and storm sewers, and drains, including all expenses incidential thereto, all of said improvements to be in and for said Elgin O'Hare Special Service Area Number One. The issue of bonds in an amount not to exceed the amount of $1,500,000.00, and secured by the full faith and credit of said Elgin O'Hare Special Service Area Number One, to pay the cost of the special municipal services hereinabove described as also being proposed. Said bonds would be retired over a period of not to exceed 20 yews from the issuance thereof and shall bear interest at not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. Such bonds, if issued, shall be retired by the levy of a direct annual tax sufficient to pay the principal and interest thereon. Said tax to be levied upon all of the taxable property within said Elgin O'Hare Special Area Number One, for said period of not to exceed 20 years and to be unlimited as to rate or amount and in addition to all other taxes permitted by law. Are there any people here tonight who would like to be heard. People who would be effected by the establishment of Special Service Area Number One. Attorney Heimburg: For the record I am representing the Elgin O'Hare developer, which is the Elgin- O'Hare Airport Property Ltd., we would like to go on record as owner of 100% of the property within the Special Service Area in favor of the establishment of the area and the issuance of the bonds. As you will recall this is part of the financing package for the development of the Elgin - O'Hare Business Center, which is 185 acres north of the Tollway at Route 31. Councilman Andersen made a motion, seconded by Councilman Hansen to close the Public Hearing. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED REAPPOINTING RICHARD HAMPTON AS A MEMBER OF THE PARKS AND RECREATION BOARD 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. 735 VOLUME XLIX RESOLUTION REAPPOINTING RICHARD HAMPTON AS A MEMBER OF THE PARKS AND RECREATION BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard Hampton be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1987. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 22, 1984 Adopted: October 22, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: U4 it s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED REAPPOINTING HENRY SMART AS A MEMBER OF THE PARKS AND RECREATION BOARD 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 X L I X RESOLUTION REAPPOINTING HENRY SMART AS A MEMBER OF THE PARKS AND RECREATION BOARD 736 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Henry Smart be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1987. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 22, 1984 Adopted: October 22, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MARK LEITH AS A MEMBER OF THE ELGIN HOUSING AUTHORITY 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. 737 VOLUME XLIX RESOLUTION APPOINTING MARK LEITH AS A MEMBER OF THE ELGIN HOUSING AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Mark Leith. be and is hereby appointed as a member of the Elgin Housing Authority to fill the unexpired term of Ralph J. Miller for a term to expire December 12, 1988. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 22, 1984 Adopted: October 22, 1984 Vote: Yeas 7 Mays O Recorded: Attest: p s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING LARRY D. WEGMAN AS A MEMBER OF THE PLANNING COMMITTEE 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. VOLUME X L I X RESOLUTION APPOINTING LARRY D. WEGMAN AS A MEMBER OF THE PLANNING COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry D. Wegman be and is hereby appointed as a member of the Planning Committee for a term to expire July 1, 1987. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 22, 1984 Adopted: October 22, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY C Councilman Waters made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: Councilwoman Shales. 739 VOLUME X L I X Ordinance No. G58 -84 AN ORDINANCE RECLASSIFYING PROPERTY AT 895, 927, 939 AND 957 SUMMIT STREET FROM R -2 SINGLE FAMILY RESIDENCE DISTRICT TO B -3 SERVICE BUSINESS DISTRICT WHEREAS, written application has been made to reclassify certain property located at at 89530 927, 939 and 957 Summit Street from R -2 Single Family Residence District to B -3 Service Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings 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 B -3 Service Business District, the following described property: Commencing at the Northeast corner of Lord's Park, being also the Northwest corner of the East Half of the Northwest Quarter of Section 18 Township 41 North Range 9 East of the Third Principal Meridian, thence North 88 degrees 31 minutes East along the North line of said Section 18 being also the South line of Section 7 aforesaid 75.2 feet for a place of beginning. Thence North 2 degrees 25 minutes East 551 feet to the South line of a public highway (State Route 58). Thence South 88 degrees 49 minutes east along said South line 316 feet, thence South 2 degrees 35 minutes West 539 feet to a point in the South line of the aforesaid Section 7 that is 315 feet easterly from the place of beginning. Thence South 88 degrees 31 minutes 'West along said South line 315 feet to the place of beginning, containing 3.942 acres more or less being situated in the City of Elgin, Cook County, Illinois. ALSO That part of the South Half of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Northeast corner of Lord's Park being also the Northwest corner of the East Half of the Northwest Quarter of Section 181 Township 41 North, Range 9 East of the Third Principal Meridian, thence North 88 degrees 38 minutes East 310.9 feet, thence North 2 degrees 35 minutes East 542.9 feet to the Southerly right of way line of State Route 58, thence South 88 VOLUME XLIX 740 degrees 49 minutes East along said Southerly right of way line, 105.33 feet, thence South 2 degrees 35 minutes West 190 feet, thence Westerly parallel with said Southerly right of way line of State Route 58, 105.33 feet, thence Northerly 2 degrees 35 minutes East, 190 feet, to the place of beginning being situated in the City of Elgin, Cook County, Illinois. ALSO That part of the South Half of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Northeast corner of Lord's Park being also the Northwest corner of the East Half of the Northwest Quarter of Section 18, Township 41 North, Ranae 9 East of the Third Principal Meridian, thence North 88 degrees 38 minutes East 310.9 feet, thence North 2 degrees 35 minutes East 542.9 feet to the Southerly right of way line of State Route 58, thence South 88 degrees 49 minutes East along said right of way line 210.66 feet for the place of beinning, thence South 2 degrees 35 minutes West 190 feet, thence Westerly parallel with said Southerly right of way line of State Route 58, 105.33 feet, thence Northerly 2 degrees 35 minutes East 190 feet to the Southerly right of way line of State Route 58, thence South 88 degrees 49 minutes East along said Southerly right of way line to the place of beginning being situated in the City of Elgin, Cook County, Illinois. ALSO That part of the South Half of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Northeast corner of Lord's Park being also the Northwest corner of the East Half of the Northwest Quarter of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, thence North 88 degrees 38 minutes East 310.9 feet; thence North 2 degrees 35 minutes East 542.9 feet to the Southerly right of way line of State Route 58, thence South 88 degrees 49 minutes East along said right of way line 316.0 feet for the place of beginning, thence South 2 degrees 45 minutes West 190.0 feet, thence Westerly parallel with Southerly right of way line of State Route 58, 104.7 feet, thence North 2 degrees 35 minutes East 190.0 feet to Southerly right of way of State Route 58; thence Southeasterly along said right of way line 105.33 feet to the place of beginning being situated in the City of Elgin, Cook County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor 741 Presented: October 22, 1 984 Passed: October 22, 1984 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s/ tip s/ Marie Yea man Marie Yearman, City Cleric VOLUME XLIX RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIC CRIMINAL JUSTICE INFORMATION AUTHORITY Councilman Annersen 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 XLIX 742 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, and Robert Baird, Chief of Police, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Criminal Justice Information Authority for the Police Information Management System Program, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 22 1984 Adopted: October L, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER N0. I IN THE CONTRACT WITH CURRAN C- STRUCTION COMPANY FOR THE SPARTAN MEADOWS PARKING LOT Councilman Hansen made a motion, seconded by Councilman Waters to adopted the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 743 VOLUME XLIX RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH CURRAN CONSTRUCTION COMPANY FOR THE SPARTAN MEADOWS PARKING LOT WHEREAS, the City of Elgin has heretofore entered into a contract with Curran Construction Company for the Spartan Meadows 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 T HE CITY OF ELGIN, ILLINOIS, that Robert 0. Ma;m, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, 1Vlayor Presented: October 22 1984 Adopted: October L2, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yuma n Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF BARCLAY & ASSOCIATES FOR REPAIRS TO 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 XLIX 744 RESOLUTION ACCEPTING THE PROPOSAL OF BARCLAY & ASSOCIATES FOR REPAIRS TO LORDS PARK SWIMMING POOL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Maim, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Barclay & Associates for repairs to Lords Park Swimming Pool, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, E'Vlayor Presented: October 22, 1984 Adopted: October 22, 1984 - Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE STATE OF ILLINOIS FOR THE MODERNI- Councilman Andersen 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. 745 VOLUME XLIX RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF ILLINOIS FOR THE MODERNIZATION OF TRAFFIC CONTROL SIGNALS AT LARKIN AVENUE AND McLEAN BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, be and is hereby authorized and directed to execute an agreement with the State of Illinois acting through its Department of Transportation, a copy of which is attached :hereto and made a part hereof by reference, for the modernization of traffic control signals at Larkin Avenue and McLean Boulevard in the City of Elgin, Illinois. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 22, 198+ Adopted: October 22, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS CCADA $2,800.88 Third Quarterly Payment funded through DUI Grant Program. Speer Financial Inc. $5,000.00 Services re Industrial Revenue Bonds for Universal Chemical, Speer Financial Inc. $6,304.05 Services re sale of 1,925,000 GOB Bonds, Series 194. R.R. Donnelley & Sons $1,906.61 Services re sale of $1,925,000 GOB Bonds, Series 19 4. Moody's Investors $1,700.00 Services re sale of $1,925,000 GOB Bonds, Series 198 . Sherman Hospital $2,742.00 Tuition and book fee for 5 firemen to attend Paramedic Classes. VOLUME XLIX 746 Ron Oldenburg 395 Park St. $4,268.75 Residential Rebate Program. U46bille Gamble $3,193.45 Residential Rebate Program. 5 Laurel St. Robert Moe 121 Elm St. $3,120.00 Residential Rebate Program. Angel Rodriquez 951 S. Liberty St. $1,692.80 Residential Rebate Program. Ludmilla Monomachov 164 Plum St. $1,658,39 Residential Rebate Program. 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. REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery Report for September, 1984 Building Permit Report for September, 1984 Public Works Report for September, 1984 Elgin Beautification Commission Minutes 7/23/84 Parks and Reclamation Commission Minutes 9/13/84 Budget Summary dated 10/8/84 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. AUTHORIZATION TO SET PUBLIC HEARING DATE FOR APOSTOLIC CHRISTIAN CHURCH Councilman Hansen made a motion, seconded by Councilman Schmidt to set a public hearing date of November 12, 1984 at 8:00 P.M., to consider an amendment to the Apostolic Christian Church/ Burnidge Annexation Agreement. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. 747 ANNOUNCEMENTS VOLUME %XL!%J Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Schmidt to adjourn the Council Meeting and go into Executive Session to discuss personnel, litigation, boards and commissions and property acquisition. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, 'Maters and Mayor Verbic. Nays: None. The meeting was adjourned at 8 :45 p.m. - 3 Marie Yearman,U i ty Clerk VOLUME XLIX October 29, 1984 748 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 29, 1984 at 4 :30 p.m., in the Council Chambers of City Hall. The meeting was called to order by Councilman Waters. .t Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Mayor Verbic arrived at 4:35 p.m. Absent: None. APPOINTMENT OF MAYOR PRO TEM s Councilman Gilliam made a motion, seconded by Councilman Hansen to appoint Councilman Waters as Mayor Pro Tem. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GIERTZ- MELAHN ASPHALT COMPANY FOR BUILDING A ROADWAY AND PARKING LOT Robert Malm: The Parks and Reclamation Commission on October 12th met to consider a proposal proposed by Commissoner Jack Shales who is on the Park's Commission to build a roadway and parking lot for the Elgin Softball Complex. Mr. Shales was dealing with Mr. Melahn of Giertz - Melahn for a period of some time and the agreement which was the culmination of those discussions was presented to the Commission and they approved proceeding with finalizing negotiations and proceeding with this particular project. This is a aerial photograph of the area involved. The brown shaded areas are deposits of gravel, which was identified in a study about five or six years ago. Giertz- Melahn has an interest in mining several of these deposits, particulary Deposit F, which is adjacent to their property, and deposits D & E. In exchange for those rights to mine those particular deposits Giertz - Melahn, in terms of the proposal, has agreed to construct a roadway connecting with Spartan Drive, going in an easterly fashion, and a northerly fashion to the ball diamonds. The road is approximately 3800 feet long and it will culminate in a parking lot of about 670 spaces. 749 VOLUME XEIX Commissioner Jack Shales: As you have a memorandum before you and also the different thoughts and ideas that this Commission has worked on with Mr. Melahn and we feel that to get this project going that this is a tremendous opportunity to get this road built this year, let it settle over the winter months and then we could come back in the Spring and blacktop this. This project was projected at $375,000 and with working with Mr. Melahn we would get this for about $252,000. He will use the material from the area. He will not put any equipment on the road, he will come right through his property, which you know is on the south end, and they would haul all the materials through the property so he will not be disturbing anybody by hauling We feel this is a good opportunity, as you all know we have been trying to market this project for two or three years and we have not been able to market it and there is no great demand for the material. We approached Mr. Melahan through our Commission and I was asked to contact him, which I did, and we came up with this figure. The nice thing about it too is that he does not expect any payments until the first of June, so he will do these over the winter months if this Council sees fit to do this. It was unanimous by our Board that we go ahead with this project and we feel that it is a tremendous opportunity for all of us so that we can use those ball diamons. If we don't get this road done in this year we won't be able to get to those ball diamonds. I look at it as a great opportunity and I hope that the Council feels the same way and that we can proceed. We will negotiate with Giertz - Melahn for selling the gravel if we can make everything happen properly at a later date, as you know we have George Burger from the McGraw Foundation on our Board and he has gone through negotiations with Meyers for gravel so he will try to negotiate this thing out, but in the meantime we do have this opportunity to make this contract and get this project done. If we can't make the deal on the gravel, because of State laws or whatever, then we will have to pay them the $252,000, but I feel that we are at least $100,000 in savings there and I don't like to see us pass it up. Councilman Schmidt: How wide a road is this going to be. Ralph Ridley: Twenty -two feet, which is standard for a park road. Jack Shales: It is going to be a good road and it is going to be backtop pavement. We were not even thinking about blacktop at one time, we were just going to put down oil and this time we will get the full good sound base and a good sound backtop road. VOLUME XLIX 750 Councilman Waters: Jack, you indicated a savings of $100,000. Jack Shales: Well that is a projection of our engineers. The one thing is that he can work from his backyard and come right through. He will not have to put any trucks on the road so he will be able to save a lot of truck time by having his equipment right there on the job site. I hope that we can make a deal with him on this gravel because I think we will be able to get some nice funds out of this too. There is not a great need for gravel right now in our area and I don't know if there will be a great need for over a few years. This way he can use it for his blacktop company and then again he won't have to truck it. He can out his conveyors in there and he will just convey it over to his property so we should be able to get a pretty good dollar for our gravel if we can work this deal with him and then we won't have any trucks on the road either. Councilman Schmidt: Where the excavation is proposed to start, is that going to be one of the lakes or ponds. Jack Shales: Well these are the things that have to be worked out with him. We have not decided how we are going to do all of these things at this point, but it will work out so that we will make sure that it is done properly. Councilman Waters: One of the concerns that I had in reading through this material, I saw nothing here that talked about the conservation of the topsoil, putting the topsoil back, which we had talked about originally. You are suggesting that is going to be negotiated and that is our position going into negotiations. Jack Shales: Right now all we are asking for is to go ahead and build this road, then we will negotiate with him as far as selling gravel to him, at so much a ton and then how are we going to make sure that we do this properly. As you can see he wants a 17 year contract and we will have to work that out and our Commission would be glad to do that. Councilman Waters: I assume that any contract that was arrived at would come back to this Council. Jack Shales: You bet, but right now we are asking for a contract to build this road. I know what is going through your mind its there is no competitive bidding going on with this project, we are just going to make the award to Giertz- Melahn, but I really feel that if you would put this thing out for bids you will have trucks on the road, and I don't see how you can beat that price. Councilman Schmidt I am not so much concerned about that as the statement that you made regarding a 17 year contract. In other words you are saying that is going to be worked, which is supposed to become a 400 acre park, and they will be in there 751 vuLUML XLIX working for 17 years digging out gravel. Councilwoman Shales: Well that is still to be negotiated. ,lack Shales: Yes, that is not part of this contract is that right Bob.. Robert Maim: Under Page 20 GP it says the term of the agreement shall not be less than 17 years. The first two years allow them the royalty along with the money rights, the first two years will cover the road and the parking lot. Then the subsequent 15 years the City will be getting 10% of the selling price of the material and it is staged in three five year periods. The original plan was in the area of 12 to 15 years. think the plan that it calls for calls for the mining in this area away from any potential development that would occur at that site. There was always a vision that there would be mining going on at the same time that other uses would be occurring throughout the site. Councilman Waters: Bob, the original plan was to start on the west end. Robert Maim: The original plan called for these deposits to be mined first, the reason that was done was two -fold. One was to provide the burming around Burnhan Mill. Burnhan Mill is currently being sold, there may be new owners, the Park Commission people have been dealing with the people at Burnhan Mill for about a year and a half in terms of the Burnhan landscape plans and they worked on an agreement, we had conceptual drawings on several occasions showing the burming and landscaping plans and really it was very difficult to get an agreement with Burnhan Mill as to the burming and landscaping plan that would be suitable and satisfactory to them. The thought was to leave these deposits alone and not touch them and then use the deposits that are indicated down here, which is at least 2,000 feet away from the very corner of their property line. However, in terms of the total concept the concept was to have a mining and reclamation going on at the same time as other uses for the site, whether they be sport's hills or whether they be a softball complex. Councilman Hansen: If this is a original scope of the project an have no concern with mining this there in trade for a road, but I that you would or could probably a long time. radical departure from the d I guess my only concern, little dab of gravel out of guess my concern would be encumber this property for 1 VOLUME XLIX 752 This might prevent you from using it at its highest and best use in the future, 17 years is a long time. I Robert Malm: Part of the trade -off there is, that's true you are encumbering a portion of the project, this was the lake area and the last area that was scheduled to be built. On the other hand the gravel royalties would be earmarked for potential development on the other acreage, which as a minimum would be in the area of $600,000, plus the roadway to the ball diamonds. Councilman Hansen: That is $600,000 over many, many years. Robert Malm: That is correct. This is a very conservative figure that is based on the current selling price of gravel. Councilman Waters: I thought you mentioned $200,000. Robert Malm: That's correct, $200,000 from the first five years, the second five years and the third five years, that's the $600,000. Councilman Hansen: That's about 40,000 per year, which works out about right. 125,000 tons per year, thats $375,000 gross dollar sales and you get 10% of it which would be $37,500. Mayor Verbic: Jack, did you tell them that if we don't get approval from the Illinois Department of Mental Health in rezoning we will be on the hook for it. Jack Shales: I think they know that. If we don't get permits you realize we can't do any mining. (Mr-Lewis from Giertz -' Melahn, present in the audience, indicated he understood this) We also know that we have to come up with $252,000 too if we can't make arrangements. Mayor Verbic: If we don't get approval what is the scenario at that time. Robert Maim: If the Council approves this tomorrow Giert- Melahn will start building the road. The road is getting built, the road is in, the City according to this agreement would provide it's best efforts to obtain the zoning change and also approval from the Department of Mental Health. If those things go through the road is free and clear in exchange for two years of mining rights where they will extract from the site not more than 250,000 tans of gravel. Every subsequent year beginning with the third year the City will be entitled to 10% gross royalties. That is assuming that we get the approvals, assuming that we get the zoning change and assuming that we can sit down and work out a satisfactory reclamation plan. 753 VOLUME XLIX If those things don't work out, the road is going to be in, then the City at the end of that period will be obligated to pay Giertz - Melahn $252,000 for the road. If the Council agrees to this the road gets put in, I have already made some preliminary calls to the Department of Health, to the Illinois Housing Authority, Knowles Electronics was one of the objectors, to discuss our project with them and let them know that at least the Council will be considering it. We will attempt to get approval from the various agencies as well as a zoning change for the special use. Jack Shales: I think you should also point out that this all has to go before you for approval. After we hammer this thing out with Giertz -- Melahn it has to come back for approval to go ahead or not to go ahead. Councilman Hansen: Apparently the asphalt part of this is worth a little over $100,000, could you get a seal coater road for $125,000. Ralph Ridley: It would be approximately $74,000. Councilman Hansen: So it would not be that much of a saving. It looks to me like this would preclude forever a large gravel company coming in operating here. Robert Maim: Well it would depend on how much gravel is left after 17 years. Councilman Hansen: Would it preclude a large operator coming in for 17 years. Robert Maim: Our market study was originally done in 1979 and there were 8 firms that were vitally interested or very interested in providing a reclamation project. As the demand for gravel diminished and the price of gravel has not stayed the same, that interest no longer existed. As a matter of fact Dan and I have met with several of the big companies that were interested in originally doing this and in terms of present market conditions they were not interested in doing this. The cost of the complete reclamation project as well as the market being diminished has really precluded people from additional interest in the project. Councilman Hansen: it is fair to say then that for 17 years you would not have a large operator in there. The original concept was to achieve somewhere around two or three million in gravel revenue, income to the city in a 12 to 15 year timeframe. So that is not going to be available. Robert Malm: Not unless the market changes. Councilman Hansen: Yes, but if you make this deal with Giertz - Melahn is it possible to then bid the job out to the large operator. Robert Maim: I would tend to not think so. VOLUME XLIX 754 Count i lwoman Shales: is it something that can be negotiated. Robert Maim: Well we have already talked to them about this and 17 years is going to be what they are looking for. Jack Shales: If Mr. Melahn puts his conveyors in there and his equipment in there, he is going to make a substantial investment and then you are going to go out and try to sell to another person. Councilman Hansen: I am not proposing to sell to anyone else or to get a big operator in, I just think we all should know where we stand and get the same information. Robert Maim: You are absolutely right. Originally it was his thought that the market in this area would stand a mining operation of 750,000 tons per year, but the market apparently will not absorb that quantity with present construction. So that is what a big operator would have to do to really make this project viable. Councilman Hansen: And I suspect that he could not sell gravel for $3.00 per yard with the costs that are included in the reclamation. 1 have no problem with that, I can accept that very easily because I was against the great big park in the first place. I think to do this justice that somewhere along the line., before you get too far into negotiations, you ought to really have the people look and see what kind of a park you can now get without a large gravel mining operation to do all of your site work, and the costs inherited with that plan, and then see where the City wants to go with the 400 acre park, that would make sense to me. I am not saying that it has to be done today, would think that somewhere we need that fall back plan. I think the road sounds like a good deal, saving $100,000,. Councilman Waters: I would agree if I understand what Councilman Hansen is saying. I think that by entering into this agreement we are changing the configuration of the park itself and the planning for the park and I would hope that what you could agree to in negotiations would be consistent with the development of a park. I hope we have not lost sight of that, we are not doing this just for softball diamonds, we are doing it for an overall recreational complex and I would not want this decision to impact negatively the development of the park as a whole. Jack Shales: As you know we have Charles Burnidge on our Commission, we have Dr. Burger and these people are dedicated to do the job that you are talking about and so am 1. 1 am interested in the softball, but we are also interested in developing this whole 400 acre and we will work towards that. We also know that times are such that there is not a great demand for gravel and also 755 VOLUME XLIX you eliminate a lot of truck traffic by going this route too. A lot of people would be hauling that gravel out where this will go into GiertzMelahn' property and you have one entrance. If you would go another route we might have to put other onto McLean Boulevard. So there are a lot of plus and minus items but to make this thing fly we felt that this was an opportunity and like the Mayor said if we don't get this road in we will not have a road in to get to the diamonds next year, and I think the overall picture that this Commission is working towards is development of the 400 acres, but this is one part of it and we would like to get this thing off the ground. Councilman Hansen: Bob, what has been your re- action from Knowles Electronics and the Burmhan Mill organization to date. Robert Malm: They really want to see what the plan is, they were happy that we informed them, at least Knowles wanted to be informed of any public hearing regarding the zoning change and we said that we would definitely notify them. Knowles Electronics biggest concern was the gravel trucks on McLean Boulevard and this proposal eliminates that and I would suspect that the objections from Knowles would be done away with. Burmhan Mills had many objections, It is talk to anyone there, but I think in conf operation to an area that is two thousand property would certainly go a long way to their concerns. They were also concerned traffic along McLean Boulevard. very difficult to ining the gravel feet from their mitigate some of about the truck Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution with special commendation to the Parks and Reclamation Commission for their work on this proposal. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. VOLUME XLIX 755 (A) RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH GIERTZ- MELAHN ASPHALT COMPANY WHEREAS, the City of Elgin is an Illinois Municipal Corporation and a home rule unit pursuant to Article 7 of the Constitution of the State of Illinois and is thereby empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Elgin owns certain real property, commonly known as the State. Hospital Property, located within the corporate limits of Elgin and upon which there is currently under construction a recreational facility commonly known as the Elgin, Softball Complex; WHEREAS, in order to provide access to and parking for said softball complex the City Council of Elgin has determined that it is necessary and desirable to construct a certain roadway and parking lot improvement upon said State Hospital Property in the manner hereinafter provided; and WHEREAS, Giertz - Melahn has reviewed the plans and specifications for said improvements and has agreed to construct said improvements upon the terms and conditions hereinafter provided; and WHEREAS, in consideration for said construction by Giertz - Melahn, Elgin has agreed to pay to Giertz - Melahn a sum certain or in lieu thereof to enter into an agreement with Giertz - Melahn providing for the extraction of certain gravel deposits located within the State Hospital property conditioned upon the approval of the Illinois Department of Mental Health and necessary rezoning; and WHEREAS, the City Council of the City of Elgin has determined that it is in the best interest of Elgin to enter into said agreement with Giertz- Melahn, as said agreement will ensure that the necessary road and parking lot improvements are promptly and professionaly completed and because Giertz - Melahn is uniquely located so as to minimize any adverse impact upon adjoining properties due to the proposed gravel extraction operation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Acting City Manager and the City Clerk be and are hereby authorized, empowered and directed to execute the attached agreement with Giertz- Melahn Asphalt Company providing for road and parking lot improvements. BE IT FURTHER RESOLVED that this action is taken pursuant to the home rule authority of the City of Elgin. S/ Richard L. Verbic Richard L. Verbic, Mayor 755 (B) Presented: October 29 1984 Adopted: October 2'9 , 1984 Vote: Yeas 7 Days 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk VOLUME XLIX FURTHER DISCUSSION RELATIVE TO THE EMPLOYMENT OF A CITY MANAGER Councilman Hansen: Mr. Mayor, I have a question. In view of the fact that Mr. Erickson has turned down this position I am wondering if any of the other Council members had any opportunity to further check any references on Mr. Emond in Streamwood, for or against. I talked to three or Tour people and I would like to enter it into the record if I may. I talked to Dr. Frank Lasavick who was on the Village Board of Streamwood for 12 years, left the Board in 1983, started out as being an opponent of Edmond. He changed his mind as time progressed and describes him now as intelligent, knows how to run a business, interested in commercial development. He was an interim manager and was chosen as a full time manager. He is very good with negotiations, listens very well and he is a strong supporter of Mr. Edmond to the present time. V n L V f {E X L I X 756 talked to Mr. Bill Barrett, who runs an injection molding business in Streamwood. He described him as businesslike, growth oriented and can deal with people well. The last one was very interesting as a banker with the First State Bank of Hanover Park, his name is Jack Hayes. Mr. Hayes described Mr. Edmond as agressive, friendly, outgoing, know- ledgeable, fair and he said he is still the Village pride. Councilman Schmidt: I was invited out by Mr. Edmond to come to his Village, which I did go, had a talk with him in his office, had a ride with him in his car all around the Village, and he is a very likeable person, I think he has done well for Streamwood and thats about all I can say. Mayor Verbic: Did anyone else have a statement concerning Mr. Edmond, or is there a motion from the floor in regard to the employment of Mr. Edmond. Councilman Hansen: Mr. Mayor, just to set the record straight I would make a motion that we have our search firm enter into some negotiations relative to the employment by the City of Elgin of Mr. Edmond. Councilman Andersen: I will second that. Yeas: Councilmen Andersen, Hansen and Mayor Verbic. Nays: Councilmen Gilliam, Schmidt, Shales and Waters. Councilman Gilliam: Mr. Mayor, I think there are two questions to be answered. One, do we want to continue, since there are no other viable candidates that are left. The second question is do we want to postpone the search until after the election. think those two questions have to be answered by this body. Councilman Andersen: What useful purpose would be served by waiting, what are the advantages in waiting. Councilwoman Shales: All along, and in my written correspondence with Korn /Ferry I had suggested that we wait until after the April election, there were several reasons that I said that. one of the reasons is that we still have not settled the question whether the City of Elgin wants to return to a strong mayor form of government. I do not know whether that will come up on the April ballot, but if it was a good idea in November, I don't know why it would not be a good idea to come up on the April ballot. That is one question that needs to be settled before we hire a city manager. Another question is there will be a change in the Council makeup, probably, not necessarily, I should not say probably, but what is probable is that what is known is that there will be an election i and there is always a possibility that the Council will change in flavor, and if it does that Council should then hire the city manager, if in fact, we need a city manager that we haven't voted `7 E7 `J` VOLUME XLIX to have a strong mayor form of government. Those two questions need to be settled. We have a very fine Acting City Manager, Bob Malm is doing an excellent job and I do not see that we would be in any advantage trying to hire someone in this uncertain climate when we could wait until April when we would know the answers to some of these questions. Councilman Hansen: i have two comments on that. The last time I talked to Mr. Sarto about the referendum petitions he made a statement to me that he was tired. He was tired of going out and almost singlehandly getting 1100 signatures so I don't know who has the strength or gusto to do that. In my view I don't think there is a very assured chance of that being on the ballot. So I don't think that is a real good reason for waiting. I think it is a sad statement that we have to delay an important decision with the hope that in the coming election that the flavor of the City Council will change. Councilwoman Shales: I am sorry Mr. Hansen if it sounded like I was hoping that the flavor would change. Councilman Hansen: I did not imply that, 1 am just making a statement as Elmer Hansen, citizen and Council member. Councilman Andersen: I think we have received some threats before. We were threatened with all kind of changes, just wait until the next election. For somebody who professes to espouse the Council - Manager form of government, this statement over there really disturbs me. If we are going to get along without a city manager until the April election and then presuming that the strong mayor proposition gets on the ballot, lets presume the worst scenario that it wins. We could not implement that for another two years, s.o that could mean that we would go for two and one -half years without a city manager. Councilman Hansen: If that is successfully achieved maybe that would be proof positive that we don't need a city manager. Councilwoman Shales: I guess I was going under the assumption and I think it is a correct assumption, that we do have a city manager. He may be called Acting City Manager, but he is very good at the job. I do not think that we are without a city manager at this point. Councilman Andersen: No body is denying that, but perhaps we had one too many before. VOLUME x1_Ix 758 Councilman Waters: I have also stated and will state today that I am in favor of closing the process at this point and tabling any further search processes until after the April election. I think there are three issues, I think the referendum on November 6th has been brought to us as an issue by Mr. Erickson. I think he has demonstrated the impact of the referendum upon the attractiveness of the community. I think the strong mayor form of government is an issue and it will remain an issue until after the April election. The composition of the Council after the election in April is not important to me, but it is important that a city manager know who it is he is dealing with at that point and i think we would be in a position of strength to recruit a pool of well qualified candidates after the April election. I think it has been demonstrated to us by our own consulting firm that we are currently not in a position of recruiting from strength. Therefore I would move that we table the search process for a new manager until after the April election. Councilman Gilliam: Second. Mayor Verbic: A motion has been made and seconded asking for the tabling of the selection of a new city manager until after the April election. Will the Clerk call the roll. There is no discussion on a table. Councilman Waters: Mr. Mayor, point of order. I am not tabling a motion, my motion is to no longer pursue the recruitment of a city manager until after the April election. Councilman Gilliam: You can only table a motion and there is no motion on the floor to be tabled, so there is discussion. Mayor Verbic: He is tabling the discussion and when you are tabling the discussion you are not able to discuss it from what I. understand in Robert's Rules of order. Councilman Hansen: I would like to discuss it, but I can do it afterwards. Councilman Waters: If the motion is to delay. Mayor Verbic: Do you want to rescind your initial discussion on tabling. Councilman Waters: I will rescind that and I will make a motion that we delay any further discussion and any further recruitment of a city manager until after the April election. Councilman Gilliam: I will second that. VULUME XUX Mayor Verbic: Now, we have discussion. Councilman Hansen: I object to the statement and insinuation that we did not have any qualified candidates for this position. I think everyone voted in favor of engaging Korn /Ferry to be our search firm, I believe that was a unanimous vote, we could check that out, but I am sure it was, - -- Councilman Waters: Mr. Hansen, don't put words in my mouth. I did not say we did not have a well qualified candidates. I said that we were not able to recruit a pool of well qualified candidates because we were not coming from a position of strength. Councilman Hansen: Thats double talk to me Don, I don't understand that but I will let it lay. Our consultant search firm did make a statement many, many times that the five candidates they submitted were qualified and I believe they are correct. I made a statement in the public several times that I would support any one of the five that was selected by a selection process and I did, and we did arrive at a fine candidate. I don't know why he turned this. down really. I feel sorry for the man in a lot of ways. I think we have done an injustice to this whole process and to all of the candidates. By rumor and innuendo and false accusations, claims about Mr. Edmond and Mr. Erickson and even some of the other three who are not finalist. I think that is a sad day. I heard on the grapevine that Mr. Edmond was described as a used car salesman, well I think that is an honorable profession and I thank God that we live in a country where a used car salesman can succeed, with or without a PHD. This country operates on a free enterprise system and a reward's performance regardless of station in life or academic credentials or anything else, and thank God it does. I feel very sad that these candidates are muddied up by all these rumors. No one has brought forth one shred of evidence that anybody has conducted any of their business in any of these cities in an illegal manner. They are spoken highly of by their Councils and all we do is sit here and muddy them up by rumor, innuendo and behind the scenes whispering campaigns. I am sick of it and we were not helped along at all by the press. I don't think we can arrive at a selection. I doubt if we will be able to arrive at a selection next Spring, who knows maybe the makeup of the Council won't change, what are we going to do then. Councilman Andersen: Mr. Mayor, I would like to know what happened to Mr. Erickson in between the time Councilman talked to him. Councilwoman Shales asked Councilman Gilliam - do you have any feelings as to why he wants to leave, meaning Mr. Erickson. VOLUME XLIX 7An Councilman Gilliam responded, yes, it's a combination of things. We asked him that question and he answered that he is from Minnesota and that he realizes that he is not going to get back to Minnesota and he would like to get back to the midwest, his family is here. Its funny he said he had some calls from people who either knew him or his family and they indicated that Elgin was a nice place to live and to work. It was a good community, he had never heard anything bad about the community, neither about the town or the city government and he said that everything he heard about us was positive. What a hundred and eighty degree turn. Now either somebody was giving us garbage when the mouthed these words, or we got a lot of garbage out of the newspapers and I think we get a little of both a lot of times. Councilman Schmidt: I think the garbage that Mr. Andersen is talking about came from those anonymous callers. We quoted here the truth of what we heard when we were up there inter- viewing Mr. Erickson. Mayor Verbic: Apparently there were a lot of anonymous callers to Mr. Edmond too from what I gathered. I think we have missed a grand opportunity to get a man who has proven himself, a man who has proven to be a leader. One who has done tremendous things in a town five miles to the east of us and I think I did my homework on this when you talk to 34 different people at random and by far most of them were adamant about the fact they did not want Mr. Edmond to leave because we feel he is well qualified and he has done an excellent job. I think the same thing could have been said about him as far as his opportunities here in Elgin and I think we will be the sorrier for not having that opportunity. How many people here on the Council can go out and get a $50,000, $55,000 or $60,000 job, very few, and city managers are the same way. They will take a job paying this amount of money for a town of 64,000 plus people and it does not bother them to come in with a split council because if you talk to the mayors throughout the country you will find that the majority of councils are not 7 -0, but they are all split as far as votes and how they think and that is what makes the democratic process work. I have seen in many other cities where you don't have to have unanimous opinion in regards to discussions but apparently if you disagree here in Elgin you are on the outside and I think this is wrong. I think that one thing that we have to realize is the fact that no matter who came in and took this job, he would have an opportunity to work with people who were thinking in terms of one thing only and that is what is best for the City of Elgin. 7 A I v VULUrit 'ALiA When a city manager comes into Elgin he has a job to accoiniplish but he is getting paid, he is getting paid a good salary for - that job and it should be a challenge, and I thin that the innuendoes and all the remarks done by the whispering campaign against Mr. Edmond is a sorry day as far as my experience is concerned. We at this particular point probably are looking at five other applicants here, there have been almost 52 who have applied for this job and there are five of them here who meet the qualifications in my estimation very well. These gentlemen have good resumes, they are willing to accept the responsibility, they have a good track record, but basically no one wants to take the opportunity to go ahead with the time to interview them. I think it is very important that we,do this and continue the process. Councilman Andersen: I think that every applicant that we interviewed out there was asked the question if they could get along with a divided council and I think they answered almost to a man that they had never come into a council that was entirely unanimous, that there was division among all councils that they had encountered, so I don't think that Elgin is unique. Mayor Verbic: if there is no further discussion I will have the Clerk call the roll. Councilman Hansen: Could you repeat the motion. Mayor Verbic: The motion is to delay the process for the selection of a city manager until after the April election. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, Waters. 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The meeting was called to order by Councilwoman Shales. :T.1ff� ►m Roll call was answered by Councilmen Andersen, Hansen, Shales and Waters. Absent: Councilmen Gilliam, Schmidt and Mayor Verbic. Also present: Acting City Manager Robert Malm, Assistant Corporation Counsel Blondin and City Clerk Marie Yearman. APPOINTMENT OF MAYOR PRO TEM Councilman Waters made a motion, seconded by Councilman Hansen to appoint Councilwoman Shales Mayor Pro Tem. Yeas: Councilmen Andersen, Hansen, Shales and Waters. Nays: None. PUBLIC HEARING REGARDING PROPOSED ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 19n, IN THE AMOUNT OF $4,500,000 FOR GABRIEL REALTY Mayor Pro Tem Shales: This is a public hearing regarding the proposed issuance by the City of Elgin of industrial development revenue bonds in an aggregate principal amount not exceeding $4,500,000 on behalf of Gabriel Realty, an Illinois Limited Partnership. The bonds would be issued pursuant to the pro- visions of Article VII, Section 6 (a) of the 1970 Constitution of the State of Illinois and the provisions of Ordinance No. S2 -80 adopted by the City Council on February 13, 1980 and as amended. The bonds would finance the cost of the (a) purchase of land of approximately 200 feet by 350 feet at 460 South Second Street, in the City of Elgin, Illinois and the construction of an approximately 20,000 square foot building thereon and the acquisition and installation therein of new machinery and equipment, all to be owned by Gabriel Realty and leased to Capsonics Group, Incorporated, an Illinois corporation ( "Capsonics "), and to be used by Capsonics for manufacturing and distribution purposes and (b) construction of an approximately 20,000 square foot building on land at 1500 Executive Drive, in the City of Elgin, Illinois presently owned by Gabriel Realty and leased to American Antenna Corporation, a Delaware corporation ( "American "), said building to be owned by Gabriel Realty and to be used by American for research and design purposes and a corporate headquarters. VOLUME XLiX is there anyone here who would like to speak concerning this proposal. ( no response) Hearing none, I would ask for a motion to close the public hearing. Councilman Andersen made a motion, seconded by Councilman Waters to close the public hearing. Yeas: Councilmen Andersen, Hansen, Waters and Mayor Pro Tem Shales. Nays: None. ORDINANCE AUTHORIZING THE ISSUANCE OF 0 , O AGGREGATE PR I N,C I PAL AMOUNT S T ON, AND EQUIPPING BY GABRIEL REALTY. OF LAND_ TED Counsel Blondin advised the Council that the City had not received the necessary documents necessary for the passage of this ordinance and Counsel Jentsch is requesting that the ordinance be tabled this evening. Councilman Waters made a motion, seconded by Councilman Hansen to table this ordinance until December 6, 1984, at 6:00 p.m. Yeas: Councilmen Andersen, Hansen, Waters and Mayor Pro Tem Shales. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Waters to adjourn the Council Meeting. Yeas: Councilmen Andersen, Hansen, Waters and Mayor Pro Tem Shales. Nays: None. The meeting was adjourned at 8 :07 P.M. Marie Yearma ; City C er VOLUME XLIX December 6, 1984 825 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 December 6, 1984 at 6:08 p.m., in the Council Conference Room of City Hall. The meeting was called to order by Mayor Verbic. Roll call was answered by Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Absent: Councilmen Gilliam and Schmidt. Also present: Acting City Manager Robert Malm, Assistant Corporation Counsel Blondin, City Clerk Marie Yearman and members of staff. ORDINANCE AUTHORIZING THE ISSUANCE OF $4,500,000 AGGREGATE PRINCIPAL i��t7��77 ■y BONDS TO THE PURCHASERS THEREOF, AND CERTAIN OTHER RELATED MATTERS - TABLED Assistant Corporation Counsel advised the Council that the bond counsel for Gabriel Realty had not furnished the necessary documents to the city and therefore the Council should table this ordinance. 826 VOLUME Xi_ r Y Councilman Waters made a motion, seconded by Councilman Hansen to table the forementioned ordinance to December 17, 1984. yeas; Councilmen Andersen, Hansen, Shales, Waters and Mayor Verbic. Nays: None. ADJOURNMENT Councilman Andersen made a motion, seconded by Councilman Hansen to adjourn the Council Meeting to go into the Committee of the Whole Meeting. yeas: Councilmen Andersen, Hansen, Shales,.Waters and Mayor Verbic. The meeting was adjourned at 6;10 p.m. 1 arse yearman, City Clerk Vn, 11ME' V1 I V h ekmnbe r 1 7, 1 984 826 U LUF kI_ n L` k A Vey. 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 17, 1984 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 William Metzger of the Unitarian Universalist Church of Elgin, and the Pledge of Allegiance was led by Councilman Hansen. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None.. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE NOVEMBER 26, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Hansen to approve the November 26, 1984 Council Minutes.as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales j and Mayor Verbic. Nays: None. Abstained: Councilman Waters. MINUTES OF THE DECEMBER 3, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Waters to approve the December 3, 1984 Councilman Waters to approve the December 3, 1984 Council Minutes as published. Yeas: Council- men Andersen, Gilliam, Hansen, Shales, Waters and. Mayor Verbic. Nays: None. Abstained: Councilman Schmidt. MINUTES OF THE DECEMBER 10, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Hansen to approve the December 10, 1984 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays: None. Abstained: Councilman Schmidt. 827 VOLUME X L BID AWARDED FOR FOX LANE WATERMAIN EXTENSION Councilwoman Shales made a motion, seconded by Councilman Schmidt to award the bid for the Fox Lane Watermain'Extension to the low bidder, Gluth Brothers, for a total amount of $81,778.00. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: done. BID AWARDED FOR POLICE AND FIRE DEPARTMENT VANS Councilman Waters made a motion, seconded by Councilwoman Shales to award the following bids: (1) To Biggers Chevrolet for a total net bid price of $9465.50 for a 1985 Chevrolet G10 window van for the Fire Department and its Bureau of Inspection Services; and (2) To Fencl -Tufo Chevrolet for a total net bid price of $5755.00 for a 1985 Chevrolet G10 paddy wagon van for the Police Department. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR OVERHAUL OF HEMMENS BUILDING SCR[IRR I Nf; nr w Nr Councilman Hansen made a motion, seconded by.Cou.ncilwoman Shales to award the bid to overhaul the scrubbing machine to the low bidder, All Suburban Janitor Supply, for a total amount of $2871.95 for all parts and labor. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TELEPHONE SYSTEM Donald T. Glaze, representing (Conte]) Continental Telephone of Illinois: When we concluded in the Committee of the Whole Meeting Mr. Rennick was talking about the cost price as well as the battery backup, were there any questions regarding that. We would like to move along to the next area then, again on the comparative ratings and we would like to speak to service and David Riegelsberger will cover that item. David Riegelsberger: To follow up one more item on a cost standpoint there are three different types of costs to look at, your first cost, which you are looking at in your papers, the next item is your maintenance costs, which is an on going cost, and a third cost is for other activities, such as moves, adds and changes of your telephone system over its life, and that cost needs to be taken into consideration in my opinion, and I put that out for your thoughts. VOLUME XLIX 828 Looking at it from a service standpoint, which was one of the rating factors, we today serve the City of Elgin with a special paging system for the Fire Department and this took place back in 19]33. The serving telephone company at that time either elected not to or could not provide this special system that was required and we were asked to come in and provide a system. We did such and we have continued to service that system. So we feel that we have a presence in Elgin from a service standpoint. We have been in business for some time, since the deregulation of our industry and even before that, we have been in this business of providing telephone systems whether it has been in municipality, commercial or government type businesses. We feel that we have proven ourselves, I can provide you with a list tonight of at least 20 customers in Northern Illinois with virtually the same system that has been proposed to you by our Company, and offered as an item for consideration. Charles Rexroat, President of Conte]: I am extremely interested in providing a communication system for the City of Elgin. Continental is a large nation -wide organization, providing telephone service to over two million customers. In addition we market services and equipment on a nation -wide basis to a large number of customers inside and outside of our franchise areas. Re cent: 1 y, -vdh i E e we p r o'v i ucu a s 9 ii f I a r type s y s teiii to tI le L i ty of Aurora, we were selected more recently than that to install and maintain a nation -wide network for McDonald Douglas Corporation throughout the United States at a cost of nearly 58 million dollars. So there is a great deal of confidence in our ability to serve and maintain such a system as you are suggesting. I point this out to demonstrate to you that we have enoormous resources to call on top support for the City of Elgin's system. It is very important to me that our company be your provider of a communications system. 'We certainly 'appreciate the chance to participate in this proposal and we would do our best to provide a very acceptable system at a most competitive cost. After you have had a chance to review some of the figures on a comparative basis that we have supplied you here tonight we would be glad to answer any questions that you may have at the appropriate time. James Ewing: I think it is important to note the two systems that will be the flagships of the respective companies bidding, the SLI by Northern Telecom, system 75 by AT &T, there are over 11,000 SLI installed, not on order, AT &T will claim 81000 orders. By their own admission only one as of the proposal date had been installed within a 200 mile radius of Elgin, only 1. Conte] maintains dozens of the SLI in Northern Illinois. We are very experienced with the SLI, the fifth SLI to roll off the assembly line in 1976 is installed and continues to be maintained in our region office. 8 �9 VOLUME XLIX I think it only fair, considering the weighing of AT &T having an experience level of only 10 and us as 9, when we have been at it since 1976 and AT &T, by their own admission, has only been installing the system this year. I think the numbers speak for themselves. Donald T. Glaze: In these items of comparasions we don't see anyway that you can't look at this, take a serious look at it again and review the issues, review what your consultant has given you as far as information. Councilman Hansen: The standby power supply wasn't really clearly explained to me, is it absolutely necessary to have the backup power supply furnished and installed to have a successful system. Mr. Glaze: First of all your consultant felt that it was important enough that he put this as a bid specification, but it was to be listed as an optional item price wise. All three companies did propose backup battery systems. As it breaks out it is a different :number, considerably different between the three companies.. In terms'of your question will a system will work without it, but you will lose the system. system work without it, the if you lose power it will not, Mayor Verbic: i would like to clarify maintenance a little further. Mr. Sarro, you are going to wait for a year before you determine whether or not we are going to go into any type of contract basis as far as monthly maintenance charge. Mike Sarro: As to whether and how much, yes Mayor. In our opinion whether it is Continental's perceived costs of $7500.00, or AT &T's at $10,000, we think that is a lot of money to maintain a phone.system which as many of us don't really maintain, a lot of commercial systems are not maintained, if we are going to spend some money we want to know -- we are going to spend it the best and if we. can pick and choose portions of the system and take a gamble so-to speak on the others and maintain them on a repair basis why not try that and have a maintenance agreement of $2,000 and all the other parts. I guess we don't see a reason to maintain every single phone under a maintenance agreement. Obviously there are some elements of the systems that are more important than others. Obviously the switchboard coming in is much more important than perhaps one of the three phones in my office. Mayor Verbic Did you have the opportunity to look at AT &T installations and Continental's. Mike Sarro: We did look at the AT &T system, we have not looked at Continental nor Illinois Bell's proposals basically as we see it they are the second and third low bidders, and as long as VOLUME XLIX the low bidder i s it is necessarily day going to look on recommending t our opinion. 830 furnishing an acceptable one I don't feel a good investment of my time to spend another at a second system which we were not planning 3 you because they are not the low bidder in I believe our standby generator that we have at City Hall right now does in fact backup and provide the service of our existing system and would provide the service to any system that we would replace. I will let AT &T speak to the dollar figures that were purported by Continental. As far as the ratings are concerned there is no question that Mr. Jacob's rating system is somewhat subjective. It is a consultant's opinion, someone who is obviously much more versed in the relative merits of these companies than i, or any of us here. It is his subjective rating of the three companies. We did not base our recommendation necessarily on that rating, even if the ratings were all identical, the numbers as we and the consultant percieved them is that AT &T is in fact providing the lowest acceptable system cost to the City. Barbara Doyle, representing AT &T: One of the things that the system 75 is an upgraded version of our dimension system, but it is a dimension system and there are 50,000 dimension systems installed nation -wide since 1975 and all this is is an updated version of that system, and those were all installed by AT &T. As far as backup power goes I just deal with police, fire and municipal governments and as far as I know all municipal governments that I have dimension systems in right now, Waukegan, Hanover Park, a lot of the school systems, they all have backup generators that hook into the system. The backup generator usually kicks in two to three seconds within the system and because they are so vital to police and fire communications, and they are tested on a regular basis to make sure they are always operating. One of the advantages with us is we are a one vendor company, we manufacture, we service, we install and we research and develop our own products. I wanted to touch upon local services and maintenance. Our technicians are located right here in the City of Elgin. We have about 15 servicemen that service within 5 mile radius. They each have their own car with a full kit. They each have a beeper number that you can call them at any time when ever you need to have a repair problem. To have those people located right here that you can call on them and have them in a short response time is very important, especially when you are dealing with emergency communications. 831 VOLUME XLIX Councilwoman Shales: If I understand the bidding system that we are using, we ask for bids and I believe that we need to do one of two things. Either take the low responsive, responsible bidder, or reject all bids and start all over again. I don't see how we can not ignore the low resposible bidder and unless we are say that AT &T is not responsbile or that for some reason their system is not what we want we have to go along, we asked for bids I believe we have to accept the lowest bid. Councilman Waters: Has Mr. Jacobs recommended to the City that the option of the auxilary power be included in the purchase. Mike Sarro: No, as I had suggested we have an emergency power system in the City now, which services not only all of our electricity, but our existing rented phone system. We believe that the backup generators that currently serve the City Hall will in fact service any new telephone system buy. that we might Councilman Hansen: It is correct. then to state that the standby power supply was put in as a bid specification, but it was put in as an option. Mike Sarro: Yes, there were a number of additional listed features and /or options. Councilman Waters: I would move that this contract be awarded to AT &T for the bid price of $161,598.00 and that there be an additional authorization of $5,000 for consideration of upgrade equipment. Councilman Gilliam: Second. Councilman Hansen: I would just like to state that I am disappointed in the consultant for not appearing here tonight on an important thing like this. Yeas. Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR DRIVE UNIT FOR AIRLITE WATER PLANT Councilwoman Shales made a motion, seconded by Councilman Gilliam to award the bid for two drive units to the low bidder, Tor -Tec Ltd., for the total amount of $8,180. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX BID AWARDED FOR HEATING SYSTEM FOR PUBLIC WORKS BUILDING 832 Councilman Waters made a motion, seconded by Councilman Hansen to award this contract to the low bidder, Elgin Sheet Metal Company, for an amount not to exceed $19,491.12. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PERMANGANATE FEEDER FOR RIVERSIDE WATER PLANT Councilman Waters made a motion, seconded by Councilman Schmidt to award this contract to the low bidder, Carus Chemical Company, for an amount not to exceed $3,295. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR LIGHTING CONTROL SYSTEM FOR THE HEMMENS BUILDING Councilman Gilliam made a motion, seconded by Councilman Hansen to award this contract to the low bidder Vera - Light/ Dimatronics Inc., for a total amount of $3,701.46. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR CHICAGO STREET COMBINATION SEWER REHABILITATION Councilman Gilliam made a motion, seconded by Councilwoman Shales to award this contract to the low bidder, Pipe - Liners Ltd., in the amount of $91,127,00, yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None PUBLIC HEARING ON THE TENTATIVE ANNUAL BUDGET FOR Jim Bolerjack: The purpose of the Public Hearing is to provide the citizens of Elgin with the formal opportunity to influence the amount budgeted for 1985. This is followed all year because the citizens do have imput with complaints, suggestions the year and that are incorporated into the budget many times. The informal budget process starts in June with the mid -year budget review. This is the information that is used to set general fund property taxes for the following yyear`s expenditures and that is what we are dealing with is the 1985 budget. 833 VOLUME V 1 V I Exhibit 1 is an overview of actually 37 balanced budgets within this and if all of the departments are included there are 64 budgets that are included in these numbers. The total budget is $38,798,885 for 1985, it is 3.6 million dollars less than it was in 1984 for a 97. decrease. Mayor Verbic: Is there anyone in the audience who would like to participate in this budget hearing. Councilman Waters: I would move that the public hearing be closed if there is no other discussion. Councilman Gilliam: Second. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING ON THE USE OF FEDERAL REVENUE r I I A Jim Bolerjack: The federal revenue sharing we are expecting $695,000 this year. We have some investment income of $12,000 and the unencumbered cash is $24,000. We have Tyler Creek Improvements, the improvement fund is $168,790 and the remaining in the capital improvement funs! is $550,000 for a total of $718,000. Then we have a 1.8% contingency of $12,000 to help supply come money if we run over on some of those projects. Mayor Verbic: Is there anyone in the audience who would like to participate in this hearing. Hearing no one I would ask for a motion to close the hearing. Councilman Schmidt made a motion, seconded by Councilman Waters to close this public hearing. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. AUTHORIZATION TO SET ANNEXATION HEARING ON JANUARY AT I'_M. FOR THE LUTHERAN CHURCH OF OUR SAVIOR Councilman Gilliam made a motion, seconded by Councilman Schmidt to set the above annexation hearing for January 14, 1985 at 8:00 p.m. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 46 -84 REQUESTING A REZONING FROM R -2 Mill>_1 1\L,D 1uc -Nur- UI IKIUf fU R -4 GENERAL RESIDENCE DISTRICT AND A R- GENERAL RESIDENCE --, IIIWli .r -rlry HVCIVuC BY KINDER CARE LEARNING CENTERS --DENIED Roger Dahlstrom: Kinder Care Learning Centers, Inc., desires to locate a second day care center in Elgin. The day care center VOLUME XLIX 834 is to be licensed for 124 children. The maximum number of employees at the center at any given time is 14. The subject property is approximately 40,000 square feet and is unimproved. At its regular meeting of November 1.9, 1984 the Land Use Committee recommended denial of the proposed rezoning and special use by a vote of 3 yes, 2 no and 1 abstention. Anthony Bonavoionta: I am here representing Kinder Care Day Care Centers out of Montgomery, Alabama. We did petition the Land Use Committee and I am sure you have all read the transcript. We had hoped to have finished for you before tonight a traffic report. We have hired the firm of Marcus Engineering to do this traffic report. We are prepared to proceed with the hearing if you so desire, forwarding" this traffic report to your staff at a later date, or if you so desire we will continue and make our presentation. The property is currently zoned R -2 and we are requesting because of the way the zoning ordinance is structured that you permit us to be an R -4 special use for a day care center. if we were in an R -1 district and were a home day care center we would be a permitted use. If we were an institutional day care center we would also be a permitted use, but Kinder Care is a for profit organization that already exists in your community as a community service for a specific area. They have done a market report and Mr. Steffen, who is a real estate agent for Kinder Care, and has worked with a local broker on this property, has decided in their market analysis that the west end of Elgin can support a second day care center as a service to the community. We have picked our properties basically along an. arterial street system, we feel that Highland Avenue is an arterial street, it collects right now the people from the Valley Creek area, Randall Road and brings people down through on Highland Avenue over to Route 31 and into the center of town. Most of McLean Boulevard is already been used as community service districts, you and the Council have already approved office uses and other commercial uses along the main street of McLean Boulevard. There are other community services along Highland Avenue, there are 3 schools and churches and these all serve the community as a community service use. Kinder Care is a day care center, some people consider it as a commercial business, but we feel it is a service district, or a service use for a specific area. Most of our people would basically come from that area. They will basically come from parents that are already transit to work and will use McLean and Highland as a drop -off, or as a way of going on to work. M. In your comprehensive plan you transportation corridor should that by its very nature it is use. VOLUME XLIX have made a statement that a be used for community services not going to develop as a residential We believe that the transportation corridor, which I believe Highland Avenue would be would be a good place for the City to give us the zoning and act as a buffer so that there would be a definite end of any other commerical or other office uses down Highland Avenue. Helmuth Holze, 1510 Easy Street: We live adjacent and next to this particular piece the gentleman was talking about. I would first like to say that he put in a red herring by talking about the possibility that four homes could be built because up to now it has not been for sale and secondly it was always intended to be used as part of the rest home and thirdly it is a very low lying piece of land and I think it is going to be in need of a lot of fill. Naturally we want to object and we have a number of people here who are near or who live on Easy Street where the backyards which do touch on this piece of property, or very close to it. We do feel that it is a commercial use and we feel that a duplex or some other type of thing would be a fine buffer between us and this type of commercial. As has been said there is no use repeating things that are already in the record but we do want you to know that we are here in force and there are a number of us and we just ask that you all use your good logic or put yourselves in our place if you can. Tryst Anderson: I live on the eestside of Elgin and am not effected by this development, but I would like to say .a couple of words about it. The fact that if the City Council approves this kind of professional use that any neighborhood in the city of Elgin, any resident can feel the same kind of impact that those people are feeling. Now I live near the other Kinder Care and you see that this guy Put up a nice piece of real estate. He has a buffer and he has apartment buildings that are next to it. He is next to a Jewel /Osco store. What he is proposing to do on the westside is to adjoin his property and 120 children right next to a residential area and for the City Council to come up and approve that says to me as a resident of the neighborhood that the next time somebody wants to buy a cheap piece of property on a vacant lot that might happen to be next to my home he can do so and come to the City because the Council will have set a precedence to put in this kind of thing into every neighborhood in the City. Mayor Verbic: What is the staff recommendation on this Roger. Roger Dahlstrom: Since we began work on the comprehensive amendment to the zoning ordinance we have not routinely made specific recommendations on simply zoning matters. VOLUME XLIX 836 Councilman Hansen: in the event that this is not developed with this Kinder Care operation, what in your view would be the highest and best use of this property. Can you contemplate a use that would fit your comprehensive plan. Roger Dahlstrom: The comprehensive plan calls for this area to basically remain as it is now in urban residential use. That would not necessarily preclude the special use that is allowable in a residential classification., but the whole area in its immediate surroundings is presently classified as urban residential in the comprehensive plan. I believe this area could contain three single family homes, based on the frontage requirements. There are single family homes throughout the immediate area. There are also the possibilities of a planned unit development depending upon the underlying zoning. There are number of developmental alternatives for most lots, unless they happen to be in some typographical situation. Councilwoman Shales: We have done a lot of rezoning along McLean Boulevard and I fully believe that McLean Boulevard has lost its residential use flavor. However, I am very reluctant to start doing any kind of rezoning along Highland. I feel we have enough property already that could be developed. This is a very intense use and I think it is very disruptive to neighborhoods and I am reluctant to do this on Highland Avenue. Councilman Gilliam made a motion, seconded by Councilman Schmidt to deny Petition 46 -84. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 4.5 -84 REQUESTING A R -2 SINGLE FAMILY RESIDENCE DISTRICT SPFCIAI 1)5F TY LOCATED ON WEST HIGHLAND AVENUE BY THE WESTMINISTER PRESBYTERIAN CHURCH - APPROVED Roger Dahlstrom: The congregation has outgrown its present facility and desires to purchase the subject property and construct a new school and church. The subject property is approximately 22.53 acres and is presently undeveloped. At its regular meeting of November 5, 1984, The Land Use Committee recommended approval of Petition 45 -84 subject to the additional condition by a vote of 5 yes and 0 no. Councilman Schmidt: What will become of your present building. Is that going to be sold to another church or just what do you have in mind for that building. 837 VOLUME XLIX Mr. Arthur Stoll, Chairman of the Church Building Committee: We would hope to sell it to another church. Councilman Gilliam made a motion, seconded by Councilman Hansen to approve Petition 45 -84. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 47 -84 REQUESTING A REZONING FROM R- 2 SINGLE FAMILY RESIDENCE DISTRICT TO B-3 SERVICE BUSINESS DISTRICT, PROPERTY LOCATED IN ELGIN -0 HARE BUSINESS CENTER BY ELGIN AIRPORT PROPERTY, LTD. - APPROVED Roger Dahlstrom: The petitioners desire to rezone the subject property to the same classification as the adjacent property to the east. These proceedings are in accordinace with the terms of the agreement annexing the Elgin - O'Hare Business Center. The subject property is approximately 7 acres and is the vacated portion of old Airport Road. At its regular meeting of November 19, 1984, the Land Use Committee recommended approval of the proposed rezoning by a vote 6 yes and 0 no. Councilman Waters made a motion, seconded by Councilwoman Shales to approve Petition 47 -84. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. PETITION 49 -84 REQUESTING A R -2 SINGLE IV DUBOIS AVENUE BY ROBERT AND VIOLA _ FEUERHAKEN - APPROVED TY Roger Dahlstrom: The petitioner desires to construct five single family residences on the subject property. The property is approximately 93,000 square feet {2.15} acres and is currently undeveloped. At its regular meeting of November 19, 1984, The Land Use Committee recommended approval of the proposed special . use for a planned unit development by a vote of 6 yes and 0 no. Councilwoman Shales: In reading the transcripts there were some questions as to how the road was going to maintained and who was responsible for that, and how the two lots that would not be sold at this time could fit into the picture later. Bill Minehart: Roger had mentioned that this is a five lot single family development, actually the subdivision is six lots, the sixth lot would be common area which would be held commonly or jointly by each of the lot owners for the maintenance of that private lot. At the present time one buyer is contemplating . buying two lots to construct one home on it. It is my belief and understanding at this point the Feuerhakens plan on retaining VOLUME XLIX. 838 two lots and not developing them at this point, or as long as they maintain their current residence. That does not mean that when they move those lots would not be developed. So you have the potential of 5 lots to maintain that road. That would be drawn up in the restrictive covenants with the plat of subdivision. Councilman Waters made a motion, seconded by Councilman Gilliam to approve Petition 49-84, subject to the conditions outlined in the staff's recommendation. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING CHAPTER 6.06 ENTITLED ALCOHOLIC LIQUOR DEALERS 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. 839 VOLUME XI_ I X Ordinance No. G60 -84 AN ORDINANCE AMENDING CHAPTER 6.06 ENTITLED ALCOHOLIC LIQUOR DEALERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, .ILLINOIS that Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled Alcoholic Liquor Dealers, be and is hereby amended as follows: Section 1. That Section 6.06.040 of Chapter 6.06 entitled "Employee Permits" be and is hereby repealed. Section 2. That Section 6.06.050 of Chapter 6.06 entitled "License -- Classes - -Fees" be and is hereby amended by adding the following to Subsection 6.06.050(J): "No more than five Class I licenses shall be issued to any single not- for-profit corporation or association during any one calendar year." Section 3. That Section 6.06.050 of Chapter 6.06 entitled "License -- Classes- -Fees" is further amended by deleting therefrom the last paragraph. Section 4. That Section 6.06.,060 of Chapter 6.06 entitled "License -- Number to be issued" be and is hereby amended to read as follows: "The number of Class A and Class AA licenses shall not exceed a combined total of thirty in number. A holder of a Class AA license who desires to surrender his license and acquire a Class A license shall dispose of all inventory of packaged goods within thirty days after the issuance of the Class A license." Section 5. That Section 6.06.070 of Chapter 6.06 entitled "License-- Application -- Filing-- Processing Fee" be and is hereby amended to read as follows: 116.06.070 License -- Application - - Filing -- Processing Fee. Applications shall be directed to and filed with the local liquor control commission; shall be filed in duplicate and shall be accompanied by the deposit of a certified or cashier's check, postal money order, or cash in the full amount of the annual license fee required to be paid for the kind of license applied for. In addition to all other fees imposed the applicant shall also pay a nonrefundable twelve dollars at the time of filing to cover the cost of processing the application. If any such application is denied, the deposit, but not the twelve dollar processing fee, shall be returned to the applicant by the local liquor control commission. Prior to issuance of an initial Class B license, the applicant shall deposit the sure of Ten Thousand Dollars ($10,000) with the City Clerk to be placed in the general fund of the City. However, upon the sale of any business holding a B license issued prior to the effective date of this ordinance, which sale occurs. on or before April 30, 1992, the liquor control commission may, upon surrender of the original license, issue a new license to the vendee thereof for the unexpired period of the original license; provided, however, that such vendee shall first comply with all the laws of this state and the ordinances of the city VOLUME XLIX l relating to the retail sale of alcoholic liquor. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the Uniform Commercial Code of Illinois or such other applicable statutes governing bulk sales within the State of Illinois so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to said business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business." Section 6. That Section 6.06.080 of Chapter 6.06 entitled "License-- Application -- Contents" be and is hereby amended by adding the following: "B. Any not - for -profit corporation or association applying for a Class I license shall be required to engage the services of a vendor currently having a liquor. license issued by the City. The vendor shall furnish the City with evidence of liquor liability insurance for the site where alcohol is to be sold. Where the application is for the sale of beer and wine only application shall be made to the City Clerk. Where the application is for the sale of alcoholic liquor generally the application must be approved by the liquor commission." Section 7. That Section 6.06.090 of Chapter 6.06 entitled "License- -Fee Payment- - Renewal" be and is hereby amended to read as follows: "6.06.090 License- -Fee Payment -- Renewal A. Except for Class G and I licenses, all license fees shall be due and payable on or before May I st of each year. The requisite fee shall accompany all original or renewal applications. Class G and I license fees shall be due and payable upon application. B. All licenses, other than Class G and I licenses, shall expire on April 30th, next after the date of issue. Class G and I licenses shall .expire at the end of the period for which any such license has issued. C. Failure or neglect to pay the requisite fees in a timely manner shall be cause for denial of issuance or non - renewal or revocation as the case may be. D. All license applications shall be stamped with the date of filing and shall be given a filing number and shall be considered by the local liquor control commission in numerical order. Applications for renewal shall be considered in the some numerical order as determined by the original application filing number. Failure to make application for renewal ten days or more before expiration date of license shall be deemed a waiver of priority listing and subsequent application shall be considered a new application, and a new filing number shall be provided for such application. Applications for renewal shall be made in the same manner as VOLUME XLIX for new applications except that such applications shall state thereon such fact. Forfeited application listings shall be stricken from the application list and shall not again.be used. There shall be no property right in any such license, but priority in application shall receive appropriate considera- tion whenever all requirements of. this chapter have been met. Nothing in this chapter shall prevent the City Council from decreasing the number of licenses which may be issued in the manner provided by low." Section R. That Subsection 6.06.1000 of Section 6.06.100 of Chapter 6.06 entitled. "License -- Issuance Limitation" be is hereby and repealed. Section 9. hereby redesignated That the following sections of Chapter 6.06, as amended, be and are as follows: Former Sections Title Redesignated �� Section 6.06.010 6.06.020 Definitions Liquor control commission - - Established 6.06.010 -- Composition 6.06.020 6.06.030 License -- Required 6.06.040 Employee permits 6.06.030 6.06.050 License --- Classes- =Fees Repealed 6,06.060 License -- Number to be issued 6.06,040 6.06.070 6.06.080 License -- Application -- Filing -- Processing fee 6.06..050 6.06.060 6.06.090 License --- Application -- Contents License - -Fee payment -- Renewal 6.06.070 6.06.100 License -- Issuance limitations 6.06.080 6.06.110 License -- Change in personnel 6.06.090 6-06.120 License--Transfer 6.06.100 6.06.130 License - - Revocation -- Suspension 6.06.1 0 0 6.06.140 Change of location 6.06,120 6.06.150 Offenses by licensee 6.06.130 6.06.160 Offenses by other than licensee 6.06.140 6.06.170 Appeals - - Procedure 6.06.150 6.06.180 Penalty for violations 6,06.16 0 6.06.160 Section 10. That .all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section I I . That this ordinance shat] be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX 842 Presented: November 26, 1984 Passed: December 17, 19$4 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearrnan, City Clerk RESOLUTION ADOPTED FOR THE SUBMISSION OF CERTAIN PUBLIC POLICY QUESTIONS TO THE ELECTORS OF THE CITY OF ELGIN Councilman Gilliam: Why is this Council so determined to get this on the ballot, are people beating the doors down, is there something that 1 am missing. Councilman Andersen: Well sometime ago 1600 people signed petitions to get this on the ballot in November and they were deprived of that right, on a legal technicality it was kept off the ballot. I think that if 1600 people were beating on your door they would 1 make a lot of noise. Councilwoman Shales: Although I believe in the people's right to vote I am going to vote against this resolution. I am voting against it because I think there is a lot of confusion and I don't want people confused by thinking that I support the strong mayor form of government. I have heard people say that they would like to go back to the form of government that Elgin used to have. Elgin has never had a strong mayor form of government, before we had the commission form of government. People say they would like to have the same form of government that our neighboring communities have, they do not have strong mayor forms of government, This form of government has only been on the Illinois Statute since 1969, since that time no community in Illinois has adopted the strong mayor form of government. There is no experience with this form of government, it is a new form of government, it is not an old form of government, and I am against this form of government. 843 VOLUME XLIX Councilman Schmidt: I am going to vote in favor of this resolution merely because I think we do not have the right to take away the voting privilege of a person here in the City of Elgin. Because I am going to vote to put it on the ballot does not mean that I am in favor of this form of government. Councilman Hansen: It has been 30 years since the citizens of Elgin decided to adopt the present form of government and there were a substantial number of citizens who decided that they would like to get a chance to vote again, I think that timeframe is an appropriate one. I think it will be good for the City of Elgin to get this decided once and for all. This is a basic right, to petition for a change in the law. There were 1600 people who signed the petition, but there have never been 27,000 people to vote on it. I talked to our Corporation Counsel Friday about this resolution, apparently the legislature in their infinite wisdom indicate that these two propositions should be put to the people one in the negative and the other in the positive, and I think that is unfortunate. I think the last thing in the world that we want in Elgin is for the people to be confused or to vote the wrong kind of government in, whichever one it is. If you read the first proposition it calls for retain the managerial form of government and a pass the second proposition. If our voters wai the strong mayor form of government they would a no on the first proposition and a yes on the believe that is very confusing. a yes vote to no vote to ited to adopt have to vote second proposition. Councilman Schmidt: How do you feel that proposition one should read. Councilman Hansen: Well it would certainly be more consistent if it read "shall the City of Elgin abandon the managerial form of municipal government,' which would require a yes vote and then on proposition two "shall the City of Elgin adopt the strong mayor form of municipal government ", which also would reqLrire a yes vote, and then you would have consistency. The Corporation Counsel pointed out that if the first one fails under the present wording and the second one also gets more no votes we will end up with the Commission form of government. VOLUME XLIX 844 Counsel jentsch: I suggested to you that as certain as people could be in this uncertain world I was confident that in its present form the proposition could not be attacked, but that if you changed it you may invite a successful attack. There is that opportunity for someone to say it is not in the form prescribed by law. Councilman Hansen: I think you mentioned that the Statute says it does not have to be exact but substantially in the following form. I think to get a clear indication of what our voters want I would really like to see it either in the affirmative or both in the negative and I would like to present that to you folks. I will make a motion that we alter the wording in Proposition One from retain to abandon and adopt this resolution. Councilman Andersen: Second. If you look down to the fifth Whereas, "Whereas the City Council of the City of Elgin desires to initiate and submit to the electors of the City of Elgin a proposition to abandon the managerial form of municipal government as provided in Division 5 of the Illinois Municipal Code, I'll. Rev. Statutes',' etc., they use the word abandon up there and then they change it down below. I think Councilman Hansen's amendment was consistent with was appeared in the fifth Whereas above. Mayor Verbic: If there is no further discussion I will have the Clerk call the roll. Yeas: Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays Councilmen Gilliam, Shales and Waters. 845 VOLUME XLIX RESOLUTION FOR THE SUBMISSION OF CERTAIN PUBLIC POLICY QUESTIONS TO THE ELECTORS OF THE CITY OF ELGIN WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of Illinois, 1970; and WHEREAS, Section 6 (f) of Article VII of the Constitution of Illinois, 1970, provides that a home rule unit shall have the power subject to approval by referendum to adopt, alter or repeal a form of government provided by law; and WHEREAS, Section I I of Article VII of the Constitution of Illinois, 1970, provides that proposals for action which are authorized by Article VII or by law and which require approval by referendum may be initiated and submitted to the electors by resolution of the governing board of a unit of focal government; and WHEREAS, the City of Elgin operates under the managerial form of municipal government; and WHEREAS, the City Council of the City of Elgin desires to initiate and submit to the electors of the City of Elgin a. proposition to abandon the managerial :form of municipal government as provided in Division 5 of the Illinois Municipal Code, Ill.. Rev. Stat., 1983, Ch. 24, Sec. 5 -5 -1, et seq., and a proposition to adopt the strong mayor form of municipal government if the managerial form of municipal government is abandoned; and WHEREAS, Section 5 -5 -6 of Division 5 of the Illinois. Municipal Code, III. Rev. Stat., 1983, Ch. 24, Par. 5--5 -6 provides that both propositions may be submitted at the same election, and may be printed on the same ballot, but that each proposition shall be stated separately. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following propositions be submitted to the electors of the City of Elgin at the General Municipal Election to be held on April 2, 1985 on the some ballot: PROPOSITION ONE Shall the City of Elgin Abandon YES the Managerial Form of Municipal Government? NO PROPOSITION TWO Shall the City of Elgin Adopt YES the Strong Mayor Form of Municipal Government? NO VOLUME XLIX 846 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to certify Proposition One and Proposition Two, set out above, to the County Clerks of the Counties of Kane and Cook Counties, respectively, for submission to the electors of the City of Elgin at the General Municipal Election to be held on April 2, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 17, 1984 Adopted: December 17, 1984 Vote: Yeas 4 Nays 3 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AUTHORIZING THE ISSUANCE OF $1,000,000 AGGREGATE_ PRINCIPAL_ AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1984A (Gabriel Rea ty Project t e Series 1984A Bon s AND $b.00,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL EVELOPMENT REVENUE BO Gabriel Realty Pro ec on s (the Series 984B Bonds collective the Series 19ti4B on s and Series e r I es 1984 Bon s AND RELATED FACILITIES CONSTITUTING A MANUFAU I UR I NCB ANO RESEARCH FACILITY FOR CAPSONIC GROUP INCORPORATED (the Project inrATFn IKI TNF rITV n�7 �7tr_1K1 Iii IninIc. AKin CONFIRMING THE SALE OF THE SERIES 1984 BONDS TO THE PURCHASERS THEREOF AND CERTAIN OTHER RELATED MATTERS Councilman Waters 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. 847 ORDINANCE NO. SS -84 VOLUME Xt 1 X ORDINANCE authorizing the issuance of $1,00141,000 aggregate principal amount of Industrial Development Revenue Bonds Series.1984A (Gabriel Realty Project) (the "Series 1984A Bonds ") and $800,000 aggregate principal amount of industrial Development Revenue Bonds Series 196.4B (Gabriel Realty Project) (the "Series 19848 Bonds ") (the Ser- ies 1984A Bonds and Series 1984B Bonds collectively "Series 1984 Bonds ") to finance the cost of the acquisition, construction and equipping, by Gabriel Realty, of Land, a building, new equipment and related facilities constituting a manufacturing and research facility for Capsonic Group, Incorporated (the "Project ") located in the City of Elgin, Illinois; and confirming the sale of the Series 1984 Bonds to the purchasers thereof, and certain other related matters. WHEREAS, the Issuer is authorized by the Enabling Ordinance (as hereinafter defined) to, among other things, finance in whole or in part the cost of the acquisition, pur- chase, construction, reconstruction, improvement, equipping, betterment or extension of economic development projects in order to encourage economic development within or near the City of Elgin, and to lease, sell or finance the same to or for any person; and WHEREAS, the Issuer is further authorized by the Enabling Ordinance to issue revenue bonds secured by a mortgage on the land and /or facilities financed through the issuance of such revenue bonds which are to be payable from the revenues and receipts derived by the Issuer from a loan agreement entered into with respect to the project; and WHEREAS, the Issuer entered into negotiations with Capsonic Group, Incorporated, an Illinois corporation with of- fices in Elgin, Illinois ( "Capsonic ") and on November 12, 1984 adopted a resolution authorizing the execution and delivery of VOLUME X L I X 848 a Memorandum of Intent between the City of Elgin and Capsonic and American Antenna Corporation, to induce the acquisition, construction and equipping of the Project, located in the City of Elgin, Illinois, in order to promote the purposes of the Enabling Ordinance; and WHEREAS, the issuance by the Issuer of its Series 1984 Bonds (as hereinafter defined.) will in all respects con- form to the provisions and requirements of the Enabling Ordinance; and WHEREAS, it has now been determined that the esti- mated amount necessary to finance the cost of acquiring, con- structing and equipping the Project, including necessary expenses incidental thereto, requires that the Series 1984 Bonds of the Issuer be authorized as hereinafter provided; and WHEREAS, the Issuer has made the necessary arrange- ments for the issuance and sale of the Series 1984 Bonds; and WHEREAS, the officers of the Issuer have caused to be prepared and presented to this meeting proposed forms of the following instruments (hereinafter collectively called the "In- struments "): (a) a form of Loan Agreement; and (b) a form of Indenture; WHEREAS, it appears that each of the Instruments which are now before this meeting,•is in appropriate form and is an appropriate instrument to be executed and delivered or 849 VOLUME XL I X accepted, as the case may be, by the Mayor and the City Clerk of the Issuer for the purposes intended; and WHEREAS, pursuant to and in accordance with the prov- isions of the Enabling Ordinance, the Issuer is now prepared to sell its Series 1984 Bonds and the Issuer is willing to loan the proceeds thereof to Gabriel Realty, a limited partnership duly organized and validly existing under the laws of the State Of Illinois (the "Borrower "), to enable the Borrower to acquire, construct and equip the Project, pursuant to the terms and provisions of the Loan Agreement and to lease the real pro- perty, building, equipment and any related facilities constitu- ting the Project to Capsonic, pursuant to a certain Lease Agreement, dated as of December 1, 1984 (the "Capsonic Lease "), which lease will produce revenues and receipts sufficient for the prompt payment of the principal of, premium, if any, and interest on the Series 1984 Bonds, together with related expenses, all as set forth in the Loan Agreement. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin: Section 1: Definitions: For the purpose of this ordinance, unless the context otherwise requires, the following words and phrases shall have the following meanings: "Bond Purchaser means The Elgin National Bank the original purchaser of the Series 1984A Bonds and the Series 1984B Bonds. VOLUME XLlx 850 "Borrower" means Gabriel Realty, Elgin, Illinois, a limited partnership, duly organized and validly existing under the laws of the State of Illinois. "Enabling Ordinance" means Ordinance No. S2 -80, of the Issuer, adopted by the City Council on February 13, 1980, as amended by Ordinance No. S4 -84 , of the Issuer, adopted by the City Council on November 26, 1984, pursuant to the home rule powers granted to the Issuer by the provisions of Article VII, Section 6 of the 1970 Constitution of the State of Illinois. "Indenture" means that certain Trust Indenture dated as of December 1, 1984, from the Issuer to the Trustee, pur- suant to which the Series 1984 Bonds will be issued and secured. "Issuer" means the City of Elgin, Illinois, a munici- pal corporation and home rule unit duly organized and validly existing under the Constitution and the laws of the State of ` Illinois. "Loan Agreement" means that certain Loan Agreement dated as of December 1, 1984, from the Borrower to the Issuer. "Mortgage" means that certain mortgage of the Project granted by the Borrower, as mortgagor, to the Trustee, as mort- gagee, as security for the Series 1984 Bonds. "Project" means the real property, building, new equipment and any related facilities, to be located within the corporate limits of the City of Elgin, Illinois, constituting a 851 VOLUME XLIX manufacturing and research facility for Capsonic Group, Incor- porated, the financing of the acquisition, construction and equipping of which will be accomplished through the issuance of the Series 1984 Bonds by the Issuer. "Series 1984A Bonds" means the $1,000,000 aggregate principal amount of Industrial Development Revenue Bonds Series 1984A (Gabriel Realty Project) of the Issuer. "Series 1984B Bonds" means the $800,000 aggregate principal amount of Industrial Development Revenue Bonds, Series 1984B (Gabriel Realty Project) of the Issuer. "Series 1984 Bonds" means collectively the Series 1984A Bonds and the Series 1984B Bonds, issued for the purpose of financing the Project. "Trustee" means the trustee serving as such under the Indenture. Section 2. Initial Resolution. The initial resolu- tion adopted by the Issuer on November 12, 1984, and the Memo- randum of Intent executed by the Issuer, Borrower, Capsonic and American Antenna Corporation pursuant thereto, are hereby found to be in the best interest of the Issuer and are in all respects approved, ratified, confirmed, re- adopted and declared to be and remain in full force and effect; provided, however, all references therein to financing by the Issuer of an econo- mic development project on behalf of American Antenna VOLUME XLIX 852 Corporation are hereby declared to be null and void and of no effect. Section 3. Cost of Project; Acquisition and Con- struction of Project. Based upon representations made by the Borrower to the Issuer, the Issuer hereby determines that the aggregate cost of the Project will be not less than $1,800,000. The acquisition, construction and equipping of the Project and the financing of the same for the Borrower, as hereinafter pro- vided, will be of benefit to the welfare of the citizens of the City of Elgin, Illinois and will be in furtherance of the pur- poses and provisions of the Enabling Ordinance, to wit: to relieve conditions of unemployment and to encourage economic development within the City of Elgin, thereby reducing the evils attendant upon Unemployment and to provide for the in- creased welfare and prosperity of the residents of the City of Elgin and to provide a financing device which will aid in financing the cost of ,Economic Development Projects (as defined in the Enabling Ordinance); and the same is hereby approved. It is hereby found, determined and declared by this City Council, in accordance with the provisions and requirements of the Enabling Ordinance, that the financing of the acquisition, construction and equipping of the Project will relieve condi- tions of unemployment and encourage economic development within the City of Elgin, thereby reducing the evils attendant upon 853 VOLUME XLIX unemployment and will provide for the increased welfare and prosperity of the residents of the City of Elgin. Section 4. Authorization of Series 1984 Bonds. For the purpose of financing the cost of the acquisition, construc- tion and equipping of the Project, including necessary expenses incidental thereto, there are hereby authorized to be issued the revenue bonds of the Issuer in compliance with and under authority of the provisions of the Enabling Ordinance, this ordinance and the Indenture in the principal amount of $1,800,000 which bonds shall be designated "Industrial Develop- ment Revenue Bonds, Series 1984A (Gabriel Realty Project)," in the principal amount of $1,000,000 and "Industrial Development Revenue Bonds, Series 1984B (Gabriel Realty Project)," in the principal amount of $800,000, and shall be payable as to prin- cipal, interest and premium, if any, in lawful money of the United States of America as provided in the Indenture. The Series 1984 Bonds shall be issuable only as fully registered Bonds without coupons in the denomination of $5,000 and any integral multiple thereof. Series 1984A Bonds shall bear interest from their date payable quarterly on April 1, July 1, October 1 and January 1 of each year with the first interest payment to be made on April 1, 1985, and except for the initially issued series 1984A Bonds, shall be dated as of the April 1, July 1, October 1 or January 1 next preceding their date of issue, or VOLUME XLIX 854 if issued on a April 1, July 1, October 1 or January 1 as of such date; provided that if at the time of authentication of any Series 1984A Bond interest is in default thereon, such Bond shall be dated as of the date of which interest has been paid. The fully registered Series 1984A Bonds to be initially issued shall be dated the date of their issuance and delivery. The Series 1984A Bonds shall bear interest at the Applicable Percentage (as defined in the Indenture) of the Applicable Rate (as defined in the Indenture) (computed on the basis of a calendar year consisting of 360 days, and charged on the basis of the actual number of days elapsed) except upon the occurrence of a Determination of Taxability (as defined in the Loan Agreement) and shall mature on each quarterly interest payment date in the following amounts (for purposes of the chart below principal payable on a January 1 is shown as if payable on the preceding December 31). Calendar Year Quarterly Payment 1985 . $0 1986 $ 8,333.25 1987 $ 10,00.0 1988 $ 10,000 1989 $ 10,000 1990 $ 10,000 1991 $ 10,000 1992 $ 10,000 855 VOLUME XLiX 1993 $ 10,000 1994 $ 12,500 1995 $ 12,500 1996 $ 12,500 1997 $ 12,500 1998 $ 12,500 1999 $ 12,500 2000 $ 12,500 2001 $ 12,500 2002 $ 71,666.75 Series 1984B Bonds shall bear interest from their date payable monthly on the first day of each month with the first interest payment to be made on January 1, 1985, and except for the initially issued Series 1984B Bonds, shall be dated as of the first day of the calendar month next preceding their date of issue, or if issued on the first day of a calen- dar month as of such date; provided that if at the time of authentication of any Series 1984B Bond interest is in default thereon, such Bond shall be dated as of the date of which interest has been paid. The fully registered Series 1984B Bonds to be initially issued shall be dated the date of their issuance and delivery. The Series 19843 Bonds shall bear interest at the Applicable Percentage of the Applicable Rate (computed on the VOLUME XLiX 856 basis of a calendar year consisting of 350 days, and charged on the basis of the actual number of days elapsed) except upon the occurrence of a Determination of Taxability (as defined in the Loan Agreement) and shall mature on each monthly interest pay- ment date in the following amounts, Calendar Year Monthly Payment 1985 $ 0 1985 $9,523.81 1987 $9,523.81 1988 $9,523.81 1989 $9,523.81 1990 $9,523.81 1991 $9,523.81 1992 $9,523.81 The Series 1984 Bonds shall be subject to redemption at the times and in the manner prescribed in the Indenture in certain events relating to damage, destruction, condemnation, excessive burdens or liabilities, impossibility of performance, changes in the economic availability of raw materials, operat- ing supplies or facilities, or technological advances or other changes rendering the Project unfeasible or uneconomical, at a redemption price of 1000 of the principal amount thereof plus accrued interest to the date of redemption and without premium. 857 VOLUME XLIX The Series 1984 Bonds shall also be subject to redemption prior to maturity, as more fully set forth in the Indenture, on any interest payment in whole or in part at a redemption price of 100% of the principal amount thereof plus accrued interest to the date of redemption and without premium. Upon the occurrence of a Determination of Taxability the Series 1984 Bonds shall bear interest in accordance with the provisions set forth in Section 208 of the Indenture. The Series 1984 Bonds shall be subject to redemption at the times, under the circumstances, in the manner, at the prices and with the effect as more fully prescribed in Article III of the Indenture, which terms are, by this reference, incorporated herein. Section. 5. Form of Series. 1984 Bonds. The Series 1984 Bonds and the Trustee's endorsement to appear on each of the Series 1984 Bonds shall be in substantially the form set forth in the Indenture, with such appropriate variations, omissions, insertions and provzsi.ons.as are permitted or re- quired by the Indenture, the omissions to be appropriately com- pleted when the Series 1984 Bonds are prepared, and the execu- tion of the Series 1984 Bonds by the Mayor and the City Clerk shall be conclusive evidence of such approval. Section 6. Cit of Elgin, Illinois Not Liable on Series 1984 Bonds. The Series 1984 Bonds shIall be limited obligations of the Issuer, and, except to the extent payable VOLUME XLlx 858 from the Series 1984 Bond proceeds or the investment thereof, the principal of and interest on which shall be payable solely from the sources specified in, and be secured as provided by, the Indenture. The Series 1984 Bonds and the interest thereon shall not be deemed to evidence a debt of the Issuer or a loan of credit extended by it within the meaning of any constitutional or statutory provision. Further, the Series 1984 Bonds and the interest thereon shall not be deemed'to constitute a debt or liability of the Issuer, or the State of Illinois or of any. political subdivision thereof within the meaning of any consti- tutional or statutory provision of the State of Illinois, and their issuance shall not, directly or indirectly or contin- gently, obligate the State of Illinois or any political sub- division thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in the Series 1984 Bonds or in the Indenture or the proceedings of the Issuer authorizing the issuance of the Series 1984 Bonds or in the Enabling Ordinance shall be construed to authorize the Is- suer to create a'debt or liability of the State of Illinois or any political subdivision thereof within the meaning of any Constitutional or statutory provision of the State of Illinois. The nature of the obligation represented by the Series 1984 Bonds is as more fully set forth in the Indenture. 859 VOLUME XLix Nothing in this ordinance, the Loan Agreement or the Indenture, shall be construed as an obligation or commitment by the Issuer to expend any of its funds other than (i) the pro- ceeds of the sale of the Series 1984 Bonds, (ii) certain of the revenues and receipts to be received from the Project as pro- vided in the Indenture, (iii) any proceeds accruing to the Is- suer of insurance on the Project, (iv) any moneys accruing to the Issuer on account of any taking or condemnation of title to the whole or any part of the Project, (v), any other moneys derived from or accruing to the Issuer from the Project,, and (vi) any moneys arising out of the investment or reinvestment of said proceeds, revenues or moneys. Section 7. Execution of the Series 1984 Bonds. Each of the Series 1984 Bonds shall be executed in the name and on behalf of the Issuer by the manual or facsimile official signa- ture of the Mayor and attested by the manual or facsimile offi- cial signature of the City Clerk. The Series 1984 Bonds shall have the corporate seal of the Issuer impressed or reproduced thereon and shall be authenticated by the endorsement of the Trustee under the Indenture. If any of the officers who shall have signed or sealed said Series 1984 Bonds shall cease to be such officers of the Issuer before the Series 1984 Bonds so signed and sealed shall have been actually authenticated by the Trustee or de- livered by the Issuer, the Series 1984 Bonds nevertheless may VOLUME XLIX 860 be authenticated, issued and delivered with the same force and effect as though the person or persons who signed or sealed such Series 1984 Bonds had not ceased to be such officer or officers of the Issuer; and also any such Series 1984 Bonds may be signed and sealed on behalf of the Issuer by those persons who, at the actual date of the execution of such Series 1984 Bonds, shall be the proper officers of the Issuer, although at the nominal date of such Series 1984 Bonds any such person shall not have been such officer of the Issuer. Section 8. Compliance with the Enabling Ordinance. The Series 1984 Bonds shall be issued in compliance with and under authority of the provisions of the Enabling, Ordinance, this ordinance and the Indenture. The Series 1984 Bonds shall contain a recital that they are issued pursuant to the Enabling Ordinance, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. Section 9. Additional Bonds. While any of the Series 1984 Bonds shall remain outstanding and unpaid, the Issuer hereby covenants and agrees with the holders from time to time of such Series 1984 Bonds that it will not issue any additional bonds or incur any obligations of any sort secured by a lien prior to or on a parity with the lien of the Series 1984 Bonds, except as expressly permitted under the provisions of the Indenture and the Loan Agreement. 861 VOLUME XLiX Section 10. Maintenance and Repair Costs. The main - tenance and repair costs of the Project, all taxes in connec- tion therewith and other charges, all as specified in the Loan Agreement and the Mortgage, will be assumed and paid by the Borrower under the Loan Agreement, and, accordingly, the Issuer has no obligation with respect thereto and all such costs, ex- penses, taxes, fees and charges shall be paid by the Borrower, as provided in the Loan Agreement and the Mortgage. Section 11. Findin s and Determinations. It is hereby found, determined and declared by the Issuer that the amounts payable by the Borrower as repayment of indebtedness under the Loan Agreement are the amounts necessary in each year to pay the principal of and interest on the Series 1984 Bonds and that such,amounts and their monetary obligations undertaken by the Borrower in the Loan Agreement are sufficient to satisfy the monetary obligations required by the Enabling Ordinance to be undertaken by the Borrower as user of the Project. The Loan Agreement provides that the Borrower shall operate and maintain the Project and carry all proper insurance with respect thereto. Section 12. A roval of the Sale of the Series 1984 Bonds. The sale of the Series 1984 Bonds to the Bond Purchaser is hereby approved and confirmed. Section 13. Approval of Indenture. The form, terms and provisions of the proposed Indenture be, and they hereby are, in all respects approved, and the Mayor and the City Clerk VOLUME XL1X 862 be, and they are hereby authorized, empowered and directed to execute, acknowledge and deliver the Indenture in the name and on behalf of the Issuer, and thereupon to cause the Indenture to be executed, acknowledged and delivered to the Trustee therein named, and the Indenture shall constitute an assignment of certain rights of the Issuer for the security of the Series 1984 Bonds issued thereunder. The Indenture, as executed and delivered, shall be in substantially the form 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 form of the Indenture now before this meeting; and from and after the execution and delivery of the Indenture, the officers, agents and employees of the Issuer are hereby autho- rized, 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 the Indenture as executed. Section 14. Approval of Loan Agreement. The form, terms and provisions of the proposed Loan Agreement be, and they hereby are, in all respects approved, and the Mayor and the City Clerk be, and they are hereby authorized, empowered and directed to execute, acknowledge and deliver the Loan Agreement in the name and on behalf of the Issuer, and there- upon to cause the Loan Agreement to be delivered to the 863 VOLUME XLIX Borrower. The Loan Agreement, as executed and delivered, shall be in substantially the form 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 form of Loan Agreement now before this meeting; and from and after the exe- cution and delivery of the Loan Agreement, the officers, 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 the Loan Agreement as executed. Section 15. Authorization to Effect Execution and Deliver of Documents. The Mayor and City Clerk for and on behalf of the Issuer, be and they are hereby authorized and directed to do any and all things necessary to effect the exe- cution and delivery of the Loan Agreement by the Borrower, the execution and delivery of the Indenture and acceptance thereof by the Trustee, the performance of all obligations of the Issuer under and.pursuant to the Loan Agreement and the Inden- ture, the execution and delivery of the Series 1984 Bonds, and the performance of all other acts of whatever nature necessary to effect and carry out the authority conferred by this ordi- nance and by the Loan Agreement and the Indenture. The Mayor and the City Clerk be, and they are hereby further authorized VOLUME XEIX r• and directed for and on behalf of the Issuer, to execute all papers, documents, certificates and other instruments that may be required for the carrying out of the authority conferred by this ordinance and by the Loan Agreement and the Indenture, or to evidence the said authority and its exercise. The Trustee is hereby authorized to receive and re- ceipt for the proceeds of the Series 1984 Bonds on behalf of the Issuer and to hold, invest and disburse said proceeds in accordance with the provision of the Indenture. All provisions of the Indenture, including those with respect to the acquisi- tion, construction and equipping of the Project, the issuance and delivery of the Series 1984 Bonds and the receipt, custody, investment and application of the proceeds of the Series 1984 Bonds and the repayment of the loan and the application of other revenues to be derived from the Project, are hereby in all respects adopted, ratified and confirmed for and on behalf of the Issuer. Section 1.6. Section 103(b)(6)(D) Election. The Issuer hereby elects to have the provisions as to the limit in Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, applied to the Series 1984 Bonds; and the Mayor and the City Clerk of the Issuer be and they are hereby authorized, empowered and directed to take any and all further action which may be required to implement and effectuate such election, in-- eluding without limitation the preparation and filing of such 865 VOLUME XLIX statement or statements or other document or documents as may .be deemed by them to be necessary or advisable in order to com- ply with the procedure set forth in Section 1.103- 10(b)(2)(vi) of the Income Tax Regulations (2.6 CFR Part 1) 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 17, Authorization of Construction of the Project. To accomplish the purposes of the Enabling Ordinance there is hereby authorized the acquisition, construction and equipping of the Project in accordance with the 'Loan Agreement and the Indenture and.the payment of the.amounts therefor to be paid in accordance with'the Loan Agreement and the Indenture. Section 18. Preparation of _Series 1984 Bonds. The Mayor or any other member of the City Council of the Issuer is hereby authorized and directed to cause to be prepared an issue Of $1,000,000 aggregate principal amount of the Series 19.84A Bonds and $800,000 aggregate principal amount of the Series 1984B Bonds, in the form, bearing interest at the rate, and having the other terms and provisions specified in the Inden- ture. Section 19. Trustee. The Issuer hereby recognizes, agrees to and approves the deposit of the proceeds of the Series 1984 Bonds with the Trustee, which amount shall be held and applied by said Trustee in accordance with the provisions VOLUME XL[X of the Indenture. The Mayor and the City Clerk of the Issuer are hereby authorized to direct the Trustee to authenticate and deliver the Series 1984 Bonds. Section 20. Covenants and Stipulations of the Issuer. All covenants, stipulations, obligations and agreements of the Issuer contained in this ordinance and in the Instruments shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or per- mitted by law, and all such covenants, stipulations, obliga- tions and agreements shall be binding upon the Issuer and its successors from time to time and upon any board or body to which any powers or duties affecting such covenants, stipula- tions, obligations and agreements shall be transferred by or in accordance with law, and except as otherwise provided in this ordinance or in the Instruments or other instruments con- templated hereby to which the Issuer is or is to be a party, all nights., powers and privileges conferred and duties -and liabilities imposed upon the Issuer or the members of the City Council of the Issuer by the provisions of this ordinance or the Instruments shall be exercised or performed by the Issuer or by such members, officers, board or body as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the Instruments shall be deemed to be a covenant, stipulation, obligation or agreement 867 VOLUME XLIX of any member of the City Council, officer, agent or employee of the Issuer in his individual capacity and neither the mem- bers. of the City Council of the Issuer nor any officer execut- ing the Series 1984 Bonds shall be liable personally on the Series 1984 Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 21. Execution of Certifications and Other Instruments. The Mayor and City Clerk and any other member of the City Council of the Issuer, as appropriate, are hereby authorized and directed to execute such certifications, financ- ing statements, assignments, documents and other instruments as are in the opinion of counsel to the Issuer and nationally recognized bond counsel necessary to perfect the pledges set forth in the Instruments and any other documents and 'instru- ments as may be required to effectuate any portion of the financing transaction. Section 22. Separable Provisions. 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 and provisions hereof. Section 23. Resolutions in Conflict Repealed. Ex- cept for the Initial Resolution of the Issuer relating to the Series 1984 Bonds, adopted on November 12, 1984, all resolu- tions and ordinances and parts thereof in conflict herewith are VOLUME XLIX e if 5ll i Conflict. . he r 4r4 1@ to the cXtit r eby - Section 24 Ordinance Effective Immediatel . This ordinance shall take effect immediately upon its adoption. Councilman Waters moved and Councilman Gilliam seconded the motion that said Ordinance No. 55 -84 as pre- sented and read be adopted. After full discussion thereof, the Mayor directed that the motion to adopt said ordinance as read be put to a vote on roll call, which resulted as follows: Councilman Andersen Councilman Gilliam Councilman llansen Councilman Scl -nidt Councilwoman Shales Councilman Waters !�!a or Verbic Voting yPS Voting _yes~ Vot ing Yes Voting Yes Voting Yes Voting Yes. Voting Yes Voting The Mayor thereupon declared Ordinance No. 55 -84 duly adopted and approved. Adopted and approved this 17th day of December, 1984. S/ Richard L. Verbic Mayor [SEAL] ATTEST: s/ Marie Yea an City Clerk 869 VOLUME XLIX ORDINANCE PASSED DESIGNATING AN ENTERPRISE ZONE UNDER THE ILLINOIS ENTERPRISE ZONE ACT Councilman Waters 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 XLIX 8j0 Ordinance No. G63-84 AN ORDINANCE DESIGNATING AN ENTERPRISE ZONE UNDER THE ILLINOIS ENTERPRISE ZONE ACT WHEREAS, the State of Illinois has passed legislation providing for the establishment of enterprise zones under the Illinois Enterprise Zone Act (Public Act 82- 1019); and WHEREAS, Section 2 of said Act provides as follows: The General Assembly finds and declares that the health, safety and welfare of the people of this State are dependent upon a healthy economy and vibrant communities; that the continual encouragement, development, growth and expansion of the private sector within the State requires a cooperative and continuous partnership between government and the private sector; and that there are certain depressed areas in the State that need the particular attention of government, business, labor and the citizens of Illinois to help attract private sector investment into these areas and directly aid the local community and its residents. Therefore, it is declared to be the purpose of this Act to explore ways and means. of stimulating business and industrial growth and retention in depressed areas of the State by means of relaxed government controls and tax incentives in those areas. aid WHEREAS, included within the City of Elgin. is an area greater than one -half square mile and less than ten square miles more fully described below; and WHEREAS, the aforesaid area is subject to and is experiencing economic depression including pervasive poverty, unemployment and economic distress; and WHEREAS., the City of Elgin conducted a public hearing concerning the designation of the area described above as an enterprise zone, after due notice in the manner provided by law; and WHEREAS, the City of Elgin has determined that the area described is a depressed area requiring a stimulation of business and industrial growth and retention and that the provision of certain State and local incentives will contribute to the encouragement of construction of new commercial and industrial improvements and the rehabilitation of existing structures and increase employment opportunities by attracting and encouraging private sector investment thereby aiding the City of Elgin and its residents including those located within the area described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby finds and determines that the area described below: 871 VOLUME XLIX and (a) is a contiguous area located entirely within the City of Elgin; (b) comprises a minimum of one -half square miles and not more than ten square miles in total area, exclusive of lakes and waterways; and (c) is a depressed area; and (d) is an area of low income household concentration as determined through analysis of the 1980 federal census; and (e) is an area of the City which has experienced an average unemployment rate of 190% of the average statewide unemployment rate, for the twelve month period ending June 30, 1984 as derived from reports by the Illinois Department of Labor, Bureau of Employment Security, Research and Development Section. Section 2. That the City Council of the City of Elgin hereby finds and determines that the area described below meets the qualifications of Section 4 of the Illinois Enterprise Zone Act. Section 3. That the territory described in Exhibit A attached hereto and located wholly within the City of Elgin be and is hereby designated as an enterprise zone. Section 4. That the term of the enterprise zone .designated herein shall be for a period of ten years after certification by the Illinois State Department of Commerce and Community Affairs as provided by law. Section 5. That the City Manager is hereby authorized and directed to cause to be prepared and to execute and file an application with the Illinois State Department of Commerce and Community Affairs in accordance with the provisions of the Illinois Enterprise Zone Act and to provide such additional information and documents as may be required by the Department and to otherwise take such action as may be required by the Department and to otherwise take such action as may be necessary on behalf of the City of Elgin to obtain certification by the Department of the enterprise zone herein established. Section 6. T hat this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX Presented: December 17, 1984 f Passed: December 17, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: S/ Marie Yea man Marie Yearman, City Clerk 872 873 VOLUME XLiX THAT area in the central portion of the City of Elgin, East of the Fox River; contained within the Southeast quarter of Section 11, the South half of Section 12, all of Section 13, and the East half of Section 14, all in Township 41 North, Range 8 East, all in Kane County, Illinois. This area is described as follows: Commencing at the intersection of the right -of --way centerlines of Grove Avenue and Summit Street; thence Easterly along said Summit Street centerline to the intersection with the right -of way centerline of North Liberty Street; thence Southerly along said North Liberty Street centerline to the intersection with the right -of -way centerline of Franklin Street; thence Westerly along said Franklin Street centerline to the intersection of the right -of -way centerline of North Porter Street; thence Southerly long said North Porter Street centerline to the intersection with the right -of -way centerline of Park Street; thence Westerly along said Park Street centerline to the intersection of the right -of -way centerline of North Gifford Street; thence Southerly along said North Gifford Street centerline to the intersection with the right -of -way centerline of Division Street; thence Westerly along said Division Street centerline to the intersection with the right -of -way centerline of North Geneva Street; thence Southerly along said North Geneva Street centerline to the intersection with the right -of -way centerline of Fulton Street; thence Westerly long said Fulton Street centerline to the intersection with the right -of -way centerline of Wellington Avenue; thence southeasterly along said Wellington Avenue centerline to the intersection with the right -of -way centerline of Bent Street; "thence Westerly along said Bent Street Exhibit A VOLUME XLIX 874 centerline extended West o the intersection with the easterly bank of the Fox River; thence Northerly along said Fox River Bank to the intersection with the right -of -way centerline of East Chicago Street; thence Westerly along said East Chicago centerline to the intersection with the right -of -way centerline of South State Street; thence Westerly along said South State Street centerline to the intersection with the right -of -way centerline of South Crystal Avenue; thence Northerly along said South Crystal Avenue centerline to the intersection with the right -of -way centerline of West Highland Avenue; thence Easterly long said West Highland Avenue centerline to the intersection with the eastern bank of the Fox River; thence Northerly long said Kimball Street centerline to the intersection with the right -o£ -way centerline of North Grove Avenue:; thence Northerly along 1 said Grove Avenue centerline to the point of beginning. ORDINANCE PASSED AMENDING CHAPTER 2.16 OF THE ELGIN MEIN I C I PAL CODE , 197 , AS AMENDED, ENTITLED "CITY CLERK -- -CITY TREAS,U RER" _.._ 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. 875 VOLUME XLIX Ordinance No. G64 -84 AN ORDINANCE AMENDING CHAPTER 2.16 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY CLERK- -CITY TREASURER" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I . That Section 2.16.020 of Chapter 2.16 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "2.16.020 City clerk -- Duties generally. A. The city clerk shall be appointed by the mayor with the advice and consent of the city council. Before entering upon the duties of the office, the city clerk shall execute a bond in such amount and with such sureties as may be required by the city council, conditioned upon the faithful performance of his duties. The city clerk may be removed from office by the mayor with the advice and consent of the city council whenever it appears that the best interests of the city demand removal. B. The clerk shall perform all duties required by the statutes of the state. In addition to such duties, the clerk shall perform the following additional duties: I. To establish and maintain an inventory of all real property owned by the city and in connection therewith to cause exemption petitions to be prepared and annual certificates of exemptions to be filed in the manner provided by law; 2. To act as recording secretary for the liquor control commission and for the board of local improvements." Section 2. That Section 2.1 6.030 of Chapter 2.16 of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. 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 January 1, 1985. s /Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX Presented: December 17, 1984 Passed: December 17, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NUMBER S-59 AS AMENCIED GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE CITY OF ELG1N1 COOK AND KANE COUNTIES, 1LL1NOIS Councilman Gilliam made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, G illiam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 877 VOLUME XLIX Ordinance No. G65 -84 AN ORDINANCE AMENDING ORDINANCE NUMBER S -598, AS AMENDED, GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE CITY OF ELGIN, COOK AND KANE COUNTIES, ILLINOIS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, COOK AND KANE COUNTIES, ILLINOIS: Section I. That Section I of Ordinance Number S -598 passed on September 26, 1957 and approved September 26, 1957, and as amended by Ordinances T -I 187 and S -903, be and is amended by adding the following: The term of the franchise granted shall be for the period three (3) years beginning January 1, 1984, and extending to December 31, 1986, and thereafter until terminated by sixty (60) days written notice, either by the Municipality to the Company, or by the Company to the Municipality. Section 2. That Section 6 of said Ordinance be and hereby is deleted in its entirety and is hereby amended to read as follows: Section 6. So long as the Company exercises and enjoys the rights granted to it hereunder, it shall pay to the Municipality for each Access Line that the Company maintains and operates within the Municipality: $0.256 per Access Line per month for the calendar year 1984, retroactive to January 1, 1984; $0.288 per Access Line per month for the calendar year 1985; and $0.320 per Access Line per month for the calendar year 1986 . (hereinafter "Access Line Value "); provided, however, that the amount paid in such years shall not be less than the payment that the Municipality is entitled to or has received under a prior Interim Agreement dated December 30, 1983 for the period commencing January 1, 1984, nor in any event shall the payments be less than the amounts the Municipality received either in cash or value of services rendered for the calendar year 1983. The Company shall make said payments on a monthly basis, due the last day of the succeeding calendar month. "Access Line" as used in this Section shall mean "the connecting facility between a customer's premises and the Company's serving central office that provides customer access to the dial network for placing and receiving calls." "Within the Municipality" means within the corporate boundaries of the city, village or incorporated town named in this Ordinance as recorded with the appropriate county recorder and as provided to the Company. Municipality agrees to notify the Company of any ordinances annexing to or disconecting from such corporate boundaries and agrees to provide to the Company an accurate map of such changes showing, if available, street name and number detail. The Access Line Values specified in this Section are based upon aggregate franchise payments by the Company to all Illinois municipalities (except Chicago) within the Company's operating area (hereinafter "Illinois Municipalities ") of 48.0 million for the calendar year 1984, ($9 million for the calendar year 1985 and $10 million for the calendar year 1986 (herein- after "Agreed Franchise Payments "). If the Company's actual annual franchise payments to all Illinois Municipalities, whether paid or accrued, VOLUME XLIx . . differ from said Agreed Franchise Payments, such difference in amount shall be adjusted in January of the succeeding year. Such difference in amount shall be divided by the number of the Company's Access Lines within all Illinois Municipalities in such month and then either added to or deducted from the Access Line Value for said month of January. There- after, the Access Line value specified in the first paragraph of this Section shall be used for each succeeding month in such calendar year.. Company shall, within forty -five (45) days of the effective date of this Ordinance, make an appropriate adjustment between payments to which Municipality is entitled under this Ordinance and payment that Municipality is entitled to or has received under a prior Interim Agreement dated December 30, 1983 for the period commencing January I, 1984. Company agrees to provide annually, within a. reasonable time from Municipality's request, the names, addresses and number of Access Lines for each of its customers within the Municipalty, subject to Municipality's agreement not to disclose said information, which Municipality agrees shall be used solely for the purposes of versifying the number of Company's Access Lines within the Municipality. Company further agrees to substan- tiate, upon request the contents of such report and all records and other documents required for such verification shall, upon reasonable advance notice, be subject to inspection by the Municipality. The Company, without charge and when directed by the chief execu- tive officer of the Municipality, shall move within the same premises the customer premises wire associates with each Access Line provided to the Municipality by the Company, provided that not more than one such change of location in any one year per Access Line shall be made by the Company without expense to the Municipality. "Customer premises wire" is defined as any wire beginning on the customer's side of the network interface or equivalent and ending at the registration jack or connecting block, exclu- sive of wiring associated with key or PBX systems and their serving terminals or main distribution frames. The provisions of this Section shall be renegotiated upon 30 days' written notice from one party to the other at any time on or after June 30, 1986. Section 3. That said Ordinance be further amended by deleting Section 13 in its entirety. Section 4. All other terms and provisions of said Ordinance are to remain in full force and effect as provided therein. Section S. This Amendatory Ordinance shall be in full force upon receipt, by the Clerk of the Municipality, of the Company's written and unconditional acceptance of all of the provisions of this Amendatory Ordinance executed by its proper officers thereunto duly authorized, under the corporate seal fo the Company, and attested by its Secretary or Assistant Secretary. s/ Richard L. Verbic Richard L. Verbic, Mayor BE VOLUME XLIX Presented: December 17, 1984 Passed: December 17, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s /Marie Yearma Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE RATES FOR WATER SERVICE 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. VOLUME XLIX 88O Ordinance No. G66 -84 AN ORDINANCE AMENDING THE RATES FOR WATER SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 1.4.04.180A2 of Chapter 14.04 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "2. For each one hundred cubic feet or fraction thereof of water supplied a charge of $1.09 shall be made." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 1985. s /Richard L. Verbic Richard L. Verbic, Mayor Presented: December 17, 1984 Passed: December 17, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/Mar ie Yearma Ma earman, City Clerk ORDINANCE PASSED AMENDING TITLE 18 OF THE ELGIN MUNICIPAL CODE ENTITLED SUB- DIVISIONS Councilman Gilliam 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. 881 VOLUME XLIX Ordinance No. G68 -84 AN ORDINANCE AMENDING TITLE 18 OF THE ELGIN MUNICIPAL CODE ENTITLED SUBDIVISIONS BE 1T ORDAINED BY THE CITY 'COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 18.12 of Title 18 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.12 Plan and Plat Submission Procedure 18. 12.010 Preliminary plan Subject to the requirements of the Plat Act of the State of Illinois, prior to sub- dividing any tract of land, any owner of land or other person lawfully authorized to subdivide land shall; A. File twelve copies of the preliminary plat and all data necessary to show compliance with all applicable regulations with the planning department, (one copy of each shall be submitted to the building official, the city cleric, and the city engineer) and Pay all required fees. B. All preliminary plans and supporting data shall be forwarded to the land use committee which approve or disapprove the application for preliminary approve.[ within sixty days from the date of the application or the filing by the applicant of the last item of required supporting data, whichever date is later,. unless such time is extended by consent of the subdivider in writing. If the plat is disapproved, then within said sixty days the land use committee shall furnish to the applicant in writing a statement setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed plat fails to conform to the applicable regulations including the official plan. If such plat is approved, the corporate authorities shall accept or reject said plat within thirty days after its next regularly scheduled meeting following the action of the land use committee. Preliminary approval shall not qualify a plat for recording. C. Application for final approval of a plat shall be .mad.e not .later than twelve months after preliminary approval has been granted. This application shall be supported by such drawings, specifications, and bonds or documents as may be necessary to demon- strate compliance with all applicable ordinances. D. The applicant may elect to have final approval of a geographic part .or parts of the plat that received preliminary approval, and may delay application for approval of other parts until a later date or dates beyond one year with the approval of the city council; provided, all facilities required to serve the part or parts for which final approval is sought have been provided. In such case only such part or parts of the plat as have received final approval shall be recorded. VOLUME XLIX 18.12.020 Final plat .. Within twelve months after receiving the required approval of the preliminary plan by the city council, or any extension of time beyond twelve months that may be granted by the city council, there shall be submitted to the planning department the following: A. The original and twelve copies of the final plat, as required in this title are to be filed with the planning department. One copy shall be forwarded to the building official, the city clerk, and the city engineer. B. When a person submitting a plat of subdivision or resubdivision for final approval has supplied all drawings, maps, and other documents required by the municipal ordinances to be furnished in support thereof, and if all such materials meet all municipal requirements, the city council shall approve the proposed plat within forty -five days from the date of filing the last required document or other paper or within forty -five days from the date of filing application for final approval of the plat, whichever date is later. The time in which the city council may act may be extended upon consent of the subdivider in writing filed with the city clerk. C. If the preliminary or final plat is approved, the city clerk shall attached a certified copy of the .order or resolution of approval to the original plat. If the proposed plat is disapproved, the order or resolution shall state the reasons for the disapproval, specifying with particularity the aspects in which the proposed plat fails to conform to the official map. A copy of the order or resolution shall be filed in the office of the city clerk. D. The city clerk shall record the plat with the recorder of deeds.of the county in which the subdivision is located. The recorded plat will then be returned to the planning department for the purpose of making copies for distribution. All original plats shall be returned to the city clerk to be kept on file. E. No further municipal action including but not limited to approval of perform- ance bonds issuance of building permit, or approval of engineering plans and specifica- tions shall be taken until the required subdivision or development plat has been recorded. 18.12.030 Record of plats clerk. Upon approval and recording, the original of all final plats shall be filed by the city Section 2. That Chapter 18.2+ of Title 18 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.24 Design Standards 18.2+.010 Street p lan The arrangement, character, extent, width, grade, and location of all streets shall conform to the official plan and shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic within the subdivision and adjoining lands, to topographical conditions, to runoff of stormwater, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. 2 883 VOLUME xl_ I x 18.24.020 Street specifications A. All right -of -way widths shall conform to the following dimensions: I. Major arterial, one hundred to two hundred feet; 2. Minor arterial, eighty to one hundred feet; 3. Collector street, seventy feet; 4. Minor street, sixty feet; $. Cul -de -sacs, fifty feet; 6. Frontage access street, forty feet. Right -of -way widths for frontage access streets, when required, shall be in addition to the required right -of -way for the adjacent trafficway. B. Right -0f -way widths of major arterials, minor arterials, and collector streets shall be in accordance with those designated on the official plan. C. Minor streets shall be so aligned that their use by through traffic will be discouraged. D. Street centerline offsets of less than one hundred twenty -five feet shall be avoided whenever possible. E. It most be evidenced that all street intersections of more than two streets shall be avoided unless specific conditions of design indicate otherwise. F. Alleys are not permitted.. G. Cul-de -sac streets shall not be more than one thousand feet in length measured along their centerlines from the street of origin to the ends of their rights -of -way unless there are fewer than twenty lots abutting the cul-de -sac. Each cul -de -sac sha.11 have a terminus of nearly circular shape with a minimum diameter of one..hundred five feet. H. Partial streets are prohibited. Where the official plan requires the dedication of a right -of -way not wholly located upon a tract of land owned or controlled by the prospective developer, the city may take such action as may be required to obtain the dedication of such adjacent land as deemed necessary. I. Private streets shall be permitted only in planned unit developments. J. To provide adequate protection for residential properties and to afford separa- tion of through and local traffic, provisions shall be m. ade for serving lots abutting major and minor arterial streets and railroad rights. -of -way by either the use of frontage access streets, or backing lots to the arteial street with a screen planting contained in a non - access reservation along the rear property line. C VOLUME XLIX mm K. Gradients of streets shall be at least 0.4 percent and shall not exceed the following percentages; I. Major arterial, five percent; 2. Minor arterial; five percent; 3. Collector street, seven percent; 4. Minor street, nine percent; 5. Private street, eight percent. L. Street design and geometries not covered in this section shall be in accordance with the applicable standards of the state Department of Transportation and the American Association of State Highway Officials "Urban Highways and Arterial Streets." 18.24.030 Pathways Pathways shall have aright -of -way width of at least ten feet and a paved surface of at least six feet with appropriate landscaping and screening along side boundary lines as determined by the planning department. 18.24.040 Easements A. Easements shall be provided for all utility services including cable television lines and stormwater drainage where necessary and as required by the department of public works and engineering. They shall be a minimum of ten feet wide, and established at the .rear of each lot and along such other lot lines as to provide continuity of align- ment from block to block. B. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a drainage maintenance and open space easement. The easement shall be a minimum distance of twenty -five feet from each side of the normal edge of the watercourse as determined by the city engineer, and shall conform sub- stantially with the lines of said watercourse. 18.24.050 Block standards A. Blocks of any length may require pathways. The use of pathways to provide pedestrian access to nearby schools, parks, or other public facilities serving residents of the subdivision may reasonably be required by the city council. B. Blocks must fit readily into the overall plan of the subdivision and their design must evidence consideration of topographical conditions, lot planning, traffic flow, and open space areas. 18.24.060 Lot standards A. Lots should be as nearly rectangular in shape as practicable. I UP VOLUME XLIX B. Lots shall conform with lot width and area requirements set forth in the zoning ordinance of the city, codified in Title 19; and, in subdivisions located beyond the city limits, lot width and area shall conform with requirements of applicable county zoning ordinances. C. All lots shall abut on a publicly dedicated right -of -way unless within an approved planned unit development. D. Side lot lines shall be substantially at right angles or radial to the street line. E. Additional building setbacks may be required as in the case of corner lots to assure the proper development of intersection design and traffic safety. F. Double- frontage lots are not permitted except as follows: I. Where lots back upon a major or minor arterial street, vehicular access from the lots to the major or minor street is prohibited. 2. Where topographic or other conditions render subdividing otherwise unreasonable, such double - frontage lots shall have an additional depth of at least twenty feet to allow for a protective screen planting on one frontage. G. Lots adjacent to a watercourse, drainageway, channel, or stream may be required to have an additional depth or width to provide an acceptable building site and to assure an adequate future stormwater channel. H. In the subdividing of any land within the city or within one and one -half miles of the corporate limits, due regard shall be shown for all natural features, such as natural vegetation, watercourses, historic designations, or similar conditions. Section 3. That Chapter 18.28 of Title 18 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.28 Required Improvements 18.28.0 [ 0 Generally Final plats shall be approved by the city council subject to the approval of the city engineer certifying that the proposed improvements comply with the provisions of this chapter. 18.28.020 Sanitary and storm utilities A. Sanitary sewer lines, including sewer stub terminals at the property line of each lot or each potential building location, shall be installed to serve all properties except where private septic systems are permitted. B. Interim septic systems may be allowed when sanitary sewer service is not available and shall be subject to the following requirements: 1. The property shall be annexed to the sanitary district of the city or, if not contiguous to the district, the annexation fees shall be placed in escrow with the sanitary 5 VOLUME XLIX 886 district of the city with an agreement that the property shall be annexed when contiguity is established. 2. All connection fees shall be paid to the sanitary district of the city and credited for the eventual connection. 3. All lateral line extensions shall be installed for future connection when feasible and as determined by the city engineer. 4. The developer shall submit required percolation tests and septic system design prepared and'sealed by a registered professional engineer prior to the issuance of any building permit. S. The owner shall disconnect from the temporary septic system and connect to the sanitary sewer system within six months of the availability of the sewer system. 6. An approved bond shall be filed with the city to assure the eventual dis. connection from the temporary septic system. C. A s.tormwater drainage system shall be installed throughout the entire sub - division to control water from all inlets and shall be provided with an adequate outfall. The stormwater drainage system shall be separate and independent of the sanitary sewer system. D. Where a storm sewer system with a greater capacity than is necessary to serve the development is required by the city .engineer, the developer s.hal.l pay for the installa- tion of the entire system. The developer shall be eligible for future reimbursement for oversizing, the amount of which shall be determined jointly by the developer and the city engineer, and approved by the city council. The city council shall subsequently pass an ordinance which will list the amount each property upstream of and contributing to, the sewer system and not under the control of the developer shall pay for the oversizing. 18.28.030 Water supply A. Water distribution facilities shall be installed to serve all properties within the development. B. The water distribution system shall be designed to be compatible with the overall distribution network of the city. Dead -end mains shall be avoided wherever possible as determined by the city engineer. C. Where a water system is required by the city engineer with a capacity which is greater than that necessary to serve the proposed development, the city shall pay the cost of oversizing for the additional capacity. D. Where it is necessary to extend a water distribution facility outside the bound- aries of the proposed development, the required extension may be eligible for reimburse- ment as determined by the city engineer and approved by the city council. E. The minimum size of required water distribution .mains shall be six inches within single - family developments and eight inches within multifamily, commercial, and industrial developments. 2 ,887 VOLUME XLIX F. Water taps shall be made, bring the water service to the property line of each lot or each potential building location, to serve all properties within the development prior to the completion of street surfacing. G. One -inch water taps shall be provided for all one - family and two - family zoned developments, and eight -inch water taps shall be provided for all lots or potential build- ing locations within developments zoned for manufacturing. H. The size of water taps within multifamily and commercial developments shall be determined by the city engineer. I. Except in planned unit developments, the water taps will be made by the department of public works and engineering and the developer shall reimburse the city according to the fees established by the city council. 18.28.040 Public utilities All utilities, including but not limited to telephone, electric, gas, and cable tele- vision lines, shall be installed underground in all developments and subdivisions and shall be located in recorded easements. 18.28.050 Streets A. All streets shall be improved with pavements to an overall width in accordance with the following rhin'imum dimensions: Street Classification Major arterial Minor arterial Collector Minor Cul -de -sac Frontage access Pavement Width (Back to back of curbs. or utters) In conformity with city street standards In conformity with city street standards 36 feet 30 feet 26 feet 24 feet B. Pavements in cul-de -sac turnarounds shall have a minimum diameter of eighty - four feet measured from back to 'back of gutters. C. Pavements shall be designed and constructed in accordance with city standard specifications. D. Barrier type P.C. Concrete curb and gutter shall be installed on all major arterial, minor arterial,and collector streets. A roll --type P.C. Concrete cu. rb and gutter shall be installed on all minor streets and cul -de -sacs. Each shall be designed and con- structed in accordance with city standard specifications. E. Concrete sidewalks shall be required on both sides of streets and shall be installed in accordance with city standard specifications. F. Street lighting shall be installed according to city standard specifications. 7 VOLUME XLIX ... G. Street signs shall be installed in accordance with city standard specifications. H. All curb corners shall have minimum radius of twenty feet. 1. All parkways within the dedicated right -of -way shall be graded and seeded in an approved manner. J. Trees having a trunk diameter, measured six inches above the ground, of not less than two and one -half inches shall be planted not more than forty feet apart along both sides of all streets where trees do not exist. This requirement will be satisfied if an equivalent number of trees of the some size or larger are planted in a naturalistic manner in the front yards of the lots abutting the street. It shall be the responsibility of the developer to ensure compliance with this requirement. The trees shall be in accord- ance with city standard specifications. K. Installation of traffic - control signals may be required as determined by the city engineer based on the impact of the proposed developm:ent.on the street network and the state Department of Transportation standards. The cost of the installation shall be borne by the developer and the city, as may be appropriate. The amount of the cost to each shall be determined by the developer and the city engineer, and approved by the city council. 18.28.060 Estate residential developments A. The requirements for municipal water supply and public sewerage system may be waived by the city council in subdivisions wherein the minimum lot area and utilities provided are as follows: I. The building lot without a municipal water supply and public sewerage disposal system is not less than one hundred twenty -five feet in width at the building setback line and the lot area is not less than forty thousand square feet; or 2. The building lot improved with either municipal water supply or a public sewerage disposal system is not less than one hundred feet at the building setback line and the lot area is not .less than thirty thousand square feet; or 3. The building lot improved with a municipal water supply and public sewerage disposal system is not less than one hundred feet in width at the building set- back line and the lot area is not less than twenty thousand square feet. B. When said requirements have been met, the following minimum standards for improvements shall apply: I. Sanitary and Storm Utilities. a. Private sewerage disposal systems may be permitted where the minimum lot area is forty thousand square feet and all regulatory requirements are met. b. A.surface drainage system may be permitted provided that all regula- tory requirements are met. 9 889 VOLUME XLIX 2. Water Supply. Individual water supplies may be permitted provided that all regulatory requirements are met. 3. Street Improvements. a. Streets shall be constructed to a width of twenty -two feet within a minimum sixty -foot right -of -way. The pavement shall be designed in accord- ance with city standard specifications. b. Curbs and gutters shall not be required unless determined otherwise by the city council. c. Sidewalks shall not be required unless determined otherwise by the city council. d. Street lighting shall be installed at street intersections only. The street lighting shall be in accordance with city standard specifications. e. Street signs shall be installed in accordance with city standard specifications. f. trees having a trunk diameter, measured six inches above the ground, of not less than two and one -half inches shall be planted not more than forty feet apart along both sides of all streets where trees do not exist. This requirement will be satisfied of an equivalent number of trees of the same size or larger are planted in the front yards of the lots abutting the street. It shall be the responsibility of the developer to ensure compliance with this require- ments. The trees shall be in accordance with city standard specifications. 4. Public Utilities. All utilities, including but not limited to telephone, electric, gas, and cable TV service lines, shall be installed underground in all develop- ments and subdivisions and shall be located in recorded easements. 18.28.070 Acceptance of street and land improvements A. The acceptance of required land improvements shall be made only by the adoption of a resolution by the city council upon a recommendation by the city engineer certifying that a.11 improvements required to be constructed or installed in the develop- ment have been fully completed and the construction or installation thereof has been approved. However, acceptance of partial improvements may be made in accordance with the city standard specifications for pavement design and construction. B. The city's obligation for the operation and maintenance of required land improvements shall commence only upon adoption by the city council of a resolution accepting these improvements, irrespective of any act or acts by an officer, agent, or employee of the city with respect to such streets or improvements. However, snow and ice control services only may be provided in those developments where the improvements have not yet been accepted. This service shall be provided when a hard surface or binder course has been placed on the street and an asphalt wedging has been installed around all manholes projecting above the pavement so as to avoid damaging equipment. 0 VOLUME XLIX e Section 4. That Chapter 18.32 of Title 18 of the Elgin Municipal Code, 1976, as amended be and is hereby amended to read as follows: 18.32 Public Use Areas and Public Schools 18.32.010 Compliance with chapter required As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land for school sites and park and recreational purposes to serve the immediate and future needs of the residents of the development; or cash contributions in lieu of actual land dedication; or a combaination of both, at the option of the city in accordance with the criteria and formulas set forth in this chapter. 18.32.020 Criteria for requiring school site dedication The following criteria shall govern dedication of a school site: A. Requirement and Population Ratio. The ultimate number of students to be generated by a subdivision or planned unit development shall be directly related to the amount of land required to be dedicated for school sites. The land dedication require- ment shall be determined by obtaining the ratio of the following: (1) estimated children to be served in each such school classification over the (2) maximum recommended number of students to be served in each such school classification as stated in this section and then applying such ratio to the (3) said minimum recommended number of acres for a school site of each school classification as stated in this section. The product thereof shall be the acres.of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification. B. School Classification and Size of School Site. School classifications and size of school sites within the city shall be determined in accordance with the following criteria: School Classification by Grades Elementary schools, grades .kindergarten through six Junior high schools, grades seven through nine High schools, grades ten through twelve Maximum Number of Students Each Such School Classification 600 1,200 2,500 Minimum Number of Acres of Land for Each School Site of Such Classification I[] 22 50 C. Location. The official plan and the standards adopted by the affected school district shall be used.as guidelines in locating sites. 18.3.2.030 Criteria for requiring park and recreation land dedication The following criteria shall govern dedication of park and recreation land. 891 VOLUME XL I X A. Require and Population Ratio. The ultimate density of a proposed develop- ment shall bear directly upon the amount of land required for dedication. The total requirement shall be six acres of land per one thousand of ultimate population in accord- ance with the following standards by types of recreation and park areas: Types of Recreation Area Play Lot Neighborhood park School park (Neighborhood pl(iyground) District -wide park or playfield Community -wide recreation park Size Range (Minimum) 7;500 sq. ft. 3 acres 5 acres 10 acres 15 acres Minimum Acres per I ,000 Population 1.0 1.0 1.5 1.5 2.0 Tota1:6.0 acres of land per 1 00 population B. Location. The comprehensive plan and /or the "Standards by Types of Recreation and Park Areas" as adopted by the city shall be used as guidelines in locating sites. A central location which will serve equally the entire development is most desir- able. In large developments these sites can'be located throughout the development according to established standards for park area distances. C. Credit for Private Open Spaces and Recreation Areas. When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development, a .portion of the park and recreation area in subdivisions or planned unit developments may, at the option of the city council, be provided in the form of private open space in lieu of dedicated public open space. The extent of same shall be determined by the city council, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area. In general, a substitution of private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the city and, before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. Private swimming clubs are included in this provision. When an adjustment for private recreation areas is war- ranted, it shall be necessary to compute the total park land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given. 18.32.040 Criteria for requiring a contribution in lieu of park and school sites The following criteria shall govern contributions in lieu of park and school sites: A. Cash Contributions. Where the development is small and the resulting s.ite is too small to be practical or when the available land is inappropriate for park and recrea- tional purposes or a school site, the city shall require the subdivider or developer to pay a VOLUME XLIX 892 cash contribution in lieu of land dedication required. The cash contribution in lieu of park and recreation land dedication shall be held by the city solely for the acquisition of park and recreation land as classified in this chapter, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local park .and recreational land which already serves such needs. The cash contributions in lieu of school sites shall be collected by the city and forwarded from time to time to the school district to be used solely for use in the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site which already serves such needs, but not for the construction of any school buildings or additions thereto. B. Fair Market Value. The cash contributions in lieu of land shall be based on the fair market value of the acres of land in the area improved as specified in this title that otherwise would have been dedicated as park and recreation and school sites. It has been determined that the present fair market value of such improved land in and surrounding the city is fifteen thousand dollars per acre. The fair market value shall be adjusted upward at an annual rate of six percent effective .January I, 1985 and annually there- after. The fair market value shall .be used in making any calculation in this section unless the subdivider or developer files;a written objection thereto. In the event of any such objection, the developer shall submit an appraisal. showing the fair market value of such improved land in the area of his development or other evidence thereof and final determination of said fair market value per acre of such improved land shall be made by the city council based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the city council by the school district or others. C. Criteria for Requiring Dedication and a Fee. There may be situations in sub- divisions or planned unit developments when a combination of land dedication and :a contribution in lieu of land are both necessary. This will arise when only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision falling within the park or school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated. 18.32.050 Dwelling unit population formula Calculations for required land or cash contributions shall be made in accordance with the population densities contained in the most recently revised Table of Estimated Ultimate Population Per Dwelling Unit, published by Associated Municipal Consultants, Inc. and provided by the school district. In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development and, in that event, final determination of the density formula to be used in such calculations shall be made by the city council based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the city council by the school district or others. 12 893 VOLUME XLIX 18.32.060 Reservation of additional land Where the comprehensive plan or the standards of the city call for a larger amount of park and recreational land or school sites in a particular subdivision or planned unit development that the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchase by the city or other public body designated by the city; provided that such acquisition is made within one year from the date of approval of the final plat, or if an agreement between the developer and the city is recorded outlining specific conditions for the conveyance of such property. 18.32.070 Combining with adjoining developments Where the subdivision or planned unit development is less -than forty acres, public open space or a school site which is to be dedicated should, where possible, be .combined with dedications from adjoining developments in order to produce usable recreation areas or school sites without hardship on a particular developer. 18.32.080 Topography and grading The slope., topography, and geology of the dedicated site as well as its surroundings must.be suitable for its intended purposes. Grading on sites dedicated for park and recreational uses shall not differ greatly from surrounding land unless approved by the city council. 18.32.090 Improved sites All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor: The sidewalks and trees normally included within the definition of" improved" sites may be deleted due to the delay time between dedication of any such school site and construction of school facilities thereon. . 18.32.100 Dedication or contribution as a condition of annexation The dedications of land or cash contributions as required :by this chapter shall also be required as a condition to the annexation of any land to the city and provisions therefor shall be incorporated in any preannexation agreement governing such land. Section 5. That Chapter 1 8.36 of Title 18 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.36 Stormwater Control 18.36.010 Applicability of provisions A. This chapter supplements Titles 16 and 19 of this code and the requirements contained in this chapter are in addition to the requirements of such regulations. B. The provisions of this chapter regulate and restrict the following: 13 VOLUME XLIX 894 I. The subdivision, layout, and improvement of land, including drainage, underground utilities, and service facilities; 2. The excavating, filling, and grading of lots and other parcels and areas subject to flooding; the storing of certain materials thereon; stream and other storm - water runoff channels; and detention areas; 3. The location, construction, and elevation of buildings and other structures and parts and appurtenances thereof, and the drainagea of parking and other paved lots or areas; 4. The location and extent of areas along streams and water channels which are subject to inundation and commonly known as special flood hazard areas. 18.36.020 Purpose It is recognized that uncontrolled development increases flooding hazards and damage. The purposes of this chapter are, in addition to those listed in Section 18.0.4.030, as follows: A. To prevent unwise developments from increasing the flood or drainage hazards to others; damage; B. To protect new buildings and major improvements to buildings from flood C. To protect human life and health from the hazards of flooding; D. To lessen the burden on the taxpayer for flood control projects, repairs to flood - damaged public facilities and utilities, and flood rescue and relief operations; E. To maintain property values and a stable tax base by minimizing the potential for creating flood blight areas.; city; and F. To make federally subsidized flood insurance available for property in the G. To provide for the orderly growth and development pursuant to the city's comprehensive plan of an environment that is especially sensitive to changes from human activity. 18.36.030 Base flood elevation This chapter's protection standard is the base flood according to the best data available to the Illinois State Water Survey's Floodplain Information Repository. When- ever a party disagrees with the best available data, he may finance the detailed engineering study needed to replace existing data with better data and submit it to the State Water Survey. 14 VOLUME X L I X A. The base flood elevation for the SFHAs of The Fox River and Poplar, Willow and Tyler Creeks and Tyler Creek Tributary shall be as delineated on the one-- hundred year flood profiles in the Flood Insurance Study of the city prepared by the Federal Insurance Administration and dated 9/1/81. B. The base flood elevation for each of the remaining SFHAs delineated as an "a zone" on the Flood Insurance Rate Map shall be the one -- hundred -year flood depth calcu- lated by the city engineer or the State Water Survey according to the formulas presented in Depth & Frequency of Floods in Illinois published by the U.S. Geological Survey, 1976. C. The degree of flood protection required by this chapter is considered reason- able for regulatory purposes and is based on available information derived from engineer- ing and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This chapter does not imply that development either inside or outside of the SFHA will be free from flooding or damage. This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from reliance on this chapter or an .y administrative deci- sion made lawfully thereunder. 18.36.040 Development and improvement The preliminary plans for each proposed development shall provide pertinent information on those areas abutting or adjacent to the project which may affect or be affected by the development of the site. The following information and data on existing conditions shall be furnished: A. Contour Map. A two - foot - interval contour map of the land to be developed or subdivided and such adjoining land whose topography may affect the layout or drainage of the development or subdivision. On such map shall be shown the following: I . The flowlines of streams and other stormwater runoff channels and the established high water elevation lines; 2.. Normal boundary lines of lakes, ponds, swamps, and other detention areas and the high water elevation boundary lines; 3. Field drain tiles incouding inlets and outfolls; data; 4. Storm, sanitary,and combined sewers including all pertinent engineering 5. Septic tank systems including outlets; 6. Springs and wells; 7. Soil and water table conditions. 15 VOLUME XLIX 896 B. lkndetermined Elevations. Where a limited number of high water observations or determinations have been established on a stream, channel, or lowland, the sub - divider's engineer shall extend or project the established high water elevation based on existing contours for the area. If high water elevations have not been determined and recorded, as in a lowland, an elevation will be determined using past experience and sound engineering judgment. C. Comprehensive Drainage Plan. A comprehensive drainage plan shall be designed and submitted and shall provide the following: I. The location of watersheds, including their extent and area, wholly or partially contained on the proposed development; 2. The existing and proposed storm sewer system, including design calcula- tions; 3. The locations within the development where storm sewer backup., over- flowing, or temporary street storage may occur; 4. Existing streams and stormwater runoff channels to be mainta:ined,enlarged, altered or eliminated; and new channels to be constructed, their locations, cross sections and profiles; 5. Existing culverts and bridges, and the adequacy of those waterway l openings; and new culverts and bridges to be built, their materials, elevations, waterway openings and basis of design; 6. Existing detention areas to be maintained., enlarged, or altered; and pro- posed detention areas; 7. The soil conditions within the proposed development; 8. A copy of the data and engineer's and owner's certificate as required by state law according to Chapter 10.9 of the Illinois Revised Statutes; .9. All appropriate design calculations and design criteria as may be required by the city engineer. 18.36.050 Drainage design criteria The following design criteria shall govern the design of developments and sub- divisions with respect to the drainage of stormwater runoff. A. Generally. Streets, blocks, depth of lots, parks, and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams, channels, and detention areas. B. Channel Straightening. sharply meandering streams or channels may be partly straightened and minor changes made in other channels, subject to approval of the city council, with the following provisions: V 897 VOLUME KLIK 1. The dimentions of the stream or channel are maintained; 2. The volume of stormwater storage outside the channel is not reduced; 3. The changes and channels comply with the provisions stated in this chapter; and 4. Approval is obtained from all other regulating governmental agencies. C. Lesser Channel Locations. Generally acceptable locations of the lesser storm - water runoff channels in the design of a subdivision include the following; I, In a depressed median of a boulevard or parkway, provided the median is wide enough to permit flat side slopes; 2. Centered on the rear lot lines in a block, or entirely within the rear yards of a single row of lots or parcels, provided in neither case the lots are deep enough to permit flat side slopes along the lesser channel and a building site above the BFE plus one foot exists on the front part of the lot. In each of the foregoing cases, a drainage easement a minimum distance of twenty - five feet from each side of the normal edge of the watercourse, as determined by the city engineer, shall be provided and shall conform substantially with the lines of the watercourse and shall be shown on the plat. The easement shall permit necessary public channel maintenance and improvement work and access of equipment; however, the easement shall prohibit buildings and other obstructing structures thereon by the owner. D. Uppermost Reaches of Drainage Channels. The smaller uppermost reaches of drainage channels and swales forming the natural drainage system near the watershed divide may be relocated or eliminated and incorporated into the planned system of storm sewers and/or open channels upon demonstration that the system is adequate and can safely handle the stormwater runoff following the heavier rainstorms to the satisfacction of the city engineer. E. Within -block Drainage, A continuous easement shall be provided along all rear lot lines and drawn on the subdivision plot within which utility lines and drainage may be located and maintained, but on which no accessory buildings may be located or built. The utility- drainage easement shall be at least ten feet wide, five feet on each lot. F. Special Flood Hazard Area Lots. Land lying partially or totally in the base flood area may be laid out and planned as building lots or parcels, provided a building site not lower than the base flood elevation, plus one foot: I. Exists on the high part of the lot or parcel; or 2. Will be built up during execution of the subdivision improvement plan through general excavation or filling; or parcel. 3. Can be provided with excavation taken from within the area of the lot or li VOLUME XLIX 898 G. Compensatory Storage. Such filling as may be required or permitted in this title for a five acre or more building site, or as may otherwise be done in the base flood area, which eliminates space previously available for storing and moving floodwater, shall be compensated for or balanced by at least an equal volume of excavation in the base channels, such .excavation shall be made opposite, immediately adjacent or just upstream to the area so f Iled. The compensatory storage area, when excavated and constructed, shall drain freely and openly to the watercourse. Compensatory storage shall not be required for developments under five acres in total size. H. Street Pavements Near Streams. The crown of street pavements hereafter built adjoining or near streams, stormwater runoff channels, or detention areas shall not be lower than the base flood elevation, plus one foot. 1. Detention Area Dams. Dams constructed to form floodwater detention areas, basins, or lakes sha1.1 be designed to maintain a temporary stormwater storage pool following periods of runoff according to the capacity of the downstream channel to carry the flow adequately. J. Storm Sewers and Open Channels. The design of storm sewer systems and open channels shall be based upon the "Rational Method" using. the Equation Q =CiA, and the "Manning .Formula" using the equation V= 1.486R2/3xS I /2n. The rainfall intensity, "i," shall be taken from the appropriate curve for the Elgin area as published by the National Weather Service or the State Water 'Survey. The time of concentration, "t," to the first pickup point in a system in residential areas shaIl.be t -15 minutes as a minimum. In all other areas, the initial time of concen- tration shall be determined by an appropriate overland flow chart. The following runoff coefficient, "c," shall be used in single - family residential areas: Average Lot Size (In square feet) Ifc1l 7,500 or less 0.40 7,501 - 10,000 0.35 Over 10,000 0.30 For multifamily residential, commercial, and industrial areas, the runoff co- efficient shall be as determined by acceptable design practices. I, Storm sewers shall be designed to flow just full f.or the five -year intensity - duration - frequency curve. The maximum allowable width of the street gutter flow from the face of the curb shall be Iimited to eight feet. 2. An overall drainage area layout plan showing the limits of the contributing runoff area, broken down into areas contributing to each drainage pickup point, shall be submitted with the paving and drainage plans. Drainage design within the development shall be adequate to handle the entire contributing watershed area, and its existing, proposed and probable future development, and not the area under submission only. E 899 VOLUME XLIX 3. Whenever a storm drainage system for a proposed subdivision or com- mercial development is designed to outlet into an existing storm sewer system, the existing storm sewer system must be shown by calculations to be adequate to carry the proposed additional flow. 4. Storm drainage culverts shall be designed to conform to the requirements of the State Department of Transportation. 5. Open channels shall be designed with a minimum freeboard of two feet and a maximum velocity of fifteen feet per second. 6. The maximum allowable outlet velocity for storm sewers without an outfall energy dissipator shall be twelve feet per second. 7. The minimum pipe size for culverts and storm sewers shall be twelve inches inside diameter, except the minimum pipe size connecting one catch . with another catch basin or manhole may be ten inches inside diameter. The minimum cleanout veloc- ity for all pipes shall be two feet per second. 8. Manhole and /or catchbasin spacing between straight runs of pipe shall be limited to a maximum spacing of three hundred feet for sewers thirty -six inches or less in diameter; a maximum of five hundred feet for sewers over thirty -six inches in diam- eter. Section 6. That Chapter 18.40 of Title 18 of the Elgin Municipal Cade, 1976, as amended, be and is hereby amended to read as follows: 18.40 Erosion and Sedimentation Control 18.40.010 Purpose or provisions It is recognized that excessive quantities of soil may erode from areas that are undergoing development. Soil erosion causes the following problems; A. Decreases safety on roadways by reducing traction of vehicles; B. Necessitates costly repairs of gulleys and embankments; C. Obstructs storm and sanitary sewers; D. Pollutes and silts waterways; E. Destroys fish and other aquatic life; F. Creates additional costs for removal from roads, sewers, and waterways; G. Reduces the capacity of storm sewers and waterways which increases the possibility and severity of flooding. It is the intent of this chapter to provide minimum standards and procedures to protect persons, property and the environment from damage resulting from excessive erosion. The development of all properties shall be subject to the provisions contained in E VOLUME XLIX 6 the Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois, published by the Northeastern Illinois Soil Erosion and Sedimentation Control Steering Committee, dated October 1981 and as amended from time to time. Section 7. That all ordinances or parts of ordinances in conflictwith the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s /Richard L. Verbic Richard L. Verbic, Mayor Presented: December 17, 1984 Passed: December 17, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A PLAT OF DEDICATION (FOX LANE Councilman Andersen 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. 20 901 VOLUME XLlx RESOLUTION ACCEPTING A PLAT OF DEDICATION (Fox Lane) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication prepared by Howard A. Meadows, an Illinois Land Surveyor, and dated October 18, 1984, for a public right of way for the property legally described as 'follows: The North 40 feet of that part of the Southeast quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian (except that part lying Easterly of the Southerly right of way line of the Northwest Toll Highway (PARCEL No. 4D -59) EXCEPTING THEREFROM the West 861.88 feet of said Southeast quarter. Being situated in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 17, 1984 Adopted: December 17, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie YearlAan Marie Yearman, City .Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER N0. IN THE CONTRACT WITH ALI IANCF S 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. VOLUME XLIX •rm RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH ALLIANCE CONTRACTORS, INC. FOR NATIONAL STREET STREETSCAPE PHASE I WHEREAS, the City of Elgin has heretofore entered into a contract with Alliance Contractors, Inc. for National Street Streetscape Phase l; 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 Robert O. Malm, Acting City .Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 17, 1984 Adopted: December 17, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NO. S -935, AN ORDINANCE GRANTING AUTHORlZAT10N TO CONS0LI- DATED CABLE UTILITIES INC. TO CONSTRUCT OPERATE AND MAINTAIN A COMMUNITY ANTENNA Councilman Gilliam 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. 903 VOLUME XLIX Ordinance No. S6-84 AN ORDINANCE AMENDING ORDINANCE NO. S -935, AN ORDINANCE GRANTING AUTHORIZATION TO CONSOLIDATED CABLE UTILITIES, INC., TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I . The title of Ordinance No. S -935 shall and the same is hereby amended to read as follows: AN ORDINANCE GRANTING AUTHORIZATION TO CENTEL CABLE TELEVISION COMPANY OF ILLINOIS TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF ELGIN. Section 2. Section I of Ordinance No. S -935 shall and the same is hereby amended to read as follows: SHORT TITLE. This ordinance shall be known and may be cited as the Elgin - Centel Cable Television Company of Illinois Community Antenna Television Ordinance. Section 3. Section 2(b) of Ordinance No. S -935 shall and the some is hereby amended to read as follows: "Operator" is Centel Cable Television Company of Illinois. Section 4. A new section 20) shall and the same is hereby added to Ordinance No. S -935 as follows: "Institutional Cable System" shall - mean that portion of a cable system, separate and distinct from the subscriber system, that is designed to serve businesses and institutions in the City. The institutional cable system shall be programmed separately from the subscriber system. Section 5. Section 6(a) of Ordinance No. S -935 shall and the same is hereby amended to read as follows: Subject to the provisions of Section I I hereof, Operator shall extend service to any area of the City having a population density of at least thirty (30) residential dwelling units per cable mile, within six (6) months after the area reaches such a density. Section 6. Section 6(b) of Ordinance No. S -935 shall and the same is hereby amended to read as follows: Upon request of the City, Operator agrees-to provide one cable drop at Operator's cost and free service therefor to the following buildings within the City: all municipal buildings, police and fire stations, park or VOLUME XLIX 9o4 park district buildings, public libraries, hospitals, and public and private schools. In addition, Operator shall provide each such school having a drop with one converter at Operator's cost. It is agreed that the City may make such uses of the drops into municipal buildings as it shall deem desirable. Section 7. Section 6(c) of Ordinance. No. S -935 shall and the same is hereby amended to read as follows: Operator's cable system shall have a capacity of thirty --six (36) channels and shall include the following programming: (1) Two (2) educational access channels, which capacity shall be increased to a maximum of four (4) channels as each such channel is utilized 70% of the time between the hours of 10 :00 a.m. and 8 :00 p.m. during any three (3) month interval; provided that Operator shall have unfilled or otherwise uncommitted channel capacity avail- able at that time. Notwithstanding anything to the contrary herein, Operator may initially combine the two (2) educational access channels onto one (1) channel, until such time as both channels are required per the above usage formula and subject to the above proviso; (2) Broadcast television reception, consistent with the rules and regulations of the Federal Communications Commission; (3) Local origination programming; and (4) Time and weather information. Operator agrees to provide a local origination channel and the above - described educational access channels as part of its basic service package. Operator further agrees that it will establish and maintain a local studio for the production and cablecosting of local origination programming and make reasonable time available for use of said studio by residents of the City, in accordance with the schedule of rates and terms.set forth in Exhibit A, attached hereto and made a part hereof. Section 8. Section 6(d) of Ordinance No. S-935 shall and the same is hereby amended to read as follows: Operator agrees that all rates charged to subscribers for its service shall be standard, uniform and reasonable. A copy of Operator's scale of charges for installation and furnishing of service shall be filed with the City Clerk and notice thereof sent to all subscribers, not less than sixty (60) days prior to the effective date of such charges. Except as heretofore stated, the City shall not regulate nor attempt to regulate the rates charged by Operator for its service, equipment and facilities during the term of this Ordinance. Operator hereby agrees that no free services will be provided to any subscriber; provided, however, that this provision shall not prevent Operator from conducting promotional campaigns to attract new subscribers, including elimination or reduction of the initial connection 905 VOLUME X L I X fee or of the monthly service charge for a specified period, nor shall this Provision prevent Operator from giving discounts to categories of customers, such as senior citizens and handicapped persons. Section 9. Section b(f) shall and the same is hereby added to Ordinance No. S -935 as follows: On or before January 1, 1990, Operator shall construct install and activate an institutional cable system providing service and 40,000 in equipment for those governmental buildings, schools, libraries and hospitals to be served by the institutional cable system. In the event that the institutional cable system is determined to be unnecessary, after consultation with Operator and institutional users, the above time for construction, installation and activation may be deferred until such time that the City determines that such a system. is necessary and in the public interest. Operator shall construct and install the .institu- tional loop within six (6) months of such determination of necessity. The institutional cable system, as initially constructed, shall utilize a separate trunk cable providing a minimum cable system bandwidth of 300 Ml-I . The institutional cable system shall be capable of carrying twenty - one (2 1) channels downstream and f if teen (15) channel's upstream. Section 10. A new Section b(g) shall and the same is hereby added to Ordinance No. S -935 as follows: Except as otherwise provided hereafter, on or before January 15, 1988, Operator shall be responsible for providing a microwave or hardwire interconnection network capable of transmitting standard NTSC television channels simultaneously from its interconnect hub to the interconnect hub of other cable television systems in West dundee, East Dundee, Carpentersvi I le, Streamwood, Hanover Park and Bartlett. Operator's responsibility shall include,.but is not necessarily limited to, the following: (1) Designing and planning; (2) Obtaining and maintaining in good standing all necessary Licenses and permits; (3) Providing all channel switching and interface facilities required for incoming and outgoing transmissions at the Operator's interconnect hub; and (4) Paying all capital costs, operational and maintenance expenses associated herewith. Notwithstanding anything to the contrary herein, the above provisions shall not be construed to require activation of an interconnection network to any municipality wherein the franchised .owner and operator of the cable television system does not enter into an agreement with the Operator to share the cost of the interconnection; nor shall the above provisions be VOLUME XLIX y�• construed to preclude cooperative effort, joint ownership of facilities or other cost - sharing arrangements; provided, however, that .each and every aspect of construction and operation of the interconnect shall be clearly designated in written agreement(s) between the cooperating parties, such agreement(s) to be mutually acceptable to the Operator and City. The Operator shall attempt to reach agreement with all other affected cable system operators on channel assignments for the channels to be delivered to each interconnect hub. The interconnect facilities required by this section shall be designed and operated in such a manner so as not to cause undue degradation of the existing subscriber system or institutional cable system, if any, and shall provide interconnected service not substantially degraded from that provided on said subscriber or institutional cable systems. Section 11. A new Section 6(h) shall and the some is hereby added to Ordinance No. S -935 as follows: Upon request of the .City, Operator shall provide an emergency over - ride capability for the cable system, at Operator's cost, which will permit the City to interrupt and cablecast a message on all channels simul- taneously in the event of disaster or public need. Section 12. A new Section 601) shall and the same is hereby added to Ordinance No. S -935 as follows: Operator agrees to supply the City with Port -a -Pak equipment, at Operator's cost, in a value not to exceed $30,000, upon receipt of a request from the City for such additional equipment. Section 13. Section 9(a) of Ordinance No. S -935, shall and the same is hereby amended to read as follows: IN GENERAL. The system shall provide broadcast television reception, consistent with the rules and regulations of the Federal Communications Commission. Section 14. Section 9(b) of Ordinance No. 5--935 shall and the some is hereby deleted in its entirety. Section 15. .Section 12(a) of Ordinance No. S -935 shall and the same is hereby amended to read as follows: PAYMENT. The Operator agrees to pay the City for the privilege of operating a CATV system under this Ordinance a fee of five percent (5%) of all gross revenues received by Operator from operation of its system in the City. On or before January 15, 1985, Operator shall pay the City a lump sum payment of one million dollars ($1,000,000) as an advance upon franchise fees to be paid hereunder. Thereafter, no additional franchise fees shall be due and payable to the City until such time as the amount of accrued franchise fees equals the amount of said advance fee paid by Operator. Once the accrued fees equal the amount of the advance fee paid 907 VOLUME XLIX by Operator, Operator shall renew franchise fee payments to the City, consistent with the terms and conditions of subparagraph 12(b), below. Section 16. Section 12(c) of Ordinance No. 5--935 shall and the some is hereby deleted in its entirety: Section 17. Section 13 of Ordinance t'Jo. S =935 shall and the same is hereby amended to read as follows: On or before March I of each year, commencing with the year following the year in which Operator begins to render service in the City, Operator shall submit to the City a summary report prepared by a competent firm of certified public accountants showing gross revenues received by Operator from the operation of the system within the City during the preceding year. In addition, Operator shall accompany each franchise fee payment to the City with a report of the applicable subscriber counts. Section I B. Section 14 of Ordinance No. 5 -935 shall and the same is hereby amended to read as follows: TERMS OF ORDINANCE. This Ordinance shall remain in full force and effect for term of thirty (30) years, unless terminated earlier pursuant to provisions contained herein. Renewal thereafter shall be in accordance with the criteria established by law. Said renewal shall not be unreasonably denied by the City. Section 19, Section 17 of Ordinance No. S -935 shall and the same is hereby deleted in its entirety. Section 24. Section 22 of Ordinance No. 5 -935 shall and the some is hereby amended to read as follows: CONFLICTING ORDINANCES. Where the provisions of any ordinance or parts of Ordinances are in conflict herewith, the terms of this ordinance shall control. Section 21. Sections 18 through 23 of Ordinance No. S-935 shall and the some are hereby renumbered Sections 17 through 22, respectively. Section 22. This Amending Ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law, and acceptance thereof by Operator in writing. S/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLIX Presented: December 17, 1984 Passed: December 17, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Aar i e Yea r an Marie Yearman, City Clerk •i: • , • VOLUME XLIX EXHIBIT A INITIAL RATES AND CHARGES FOR ACCESS USERS (Institutiona.l - Public) CHANNEL TIME AIR TIME CATEGORY OF USER RATE OR CHARGE Taxing Bodies (Schools, Park Districts, Libraries, City) General Public No Charge 60 minutes at no charge per user per seven (7) day period, then $10.00 per hour. PRODUCTION AND PROGRAMMING COSTS FOR STUDIO USE RATE OR CHARGE A. Production Facilities, full color, 1 or 2 cameras $20.00 /hour B. Remote production facil- ities on location, plus .20 /mile in Illinois; .25 /mile outside of !!!;no;. $ 35.00 /hour C. Electronic Editing $20.00 /hour D. Screening Facilities $10.00 /hour E. Film to tape transfer (cassettes) $20.00 /hour F. Cassette Duplication $10.00 /hour G. 16mm Film /35mm Slides to 3/4" Tape Transfer $20.00 /hour H. 3/4" cassette duplication $10.00 /hour I. 1/2" to 3/4 ", 3/4" to 1/2" transfers $15.00 /hour J. Videotape Stock 1/2" Beta $.15.00 VHS $15.00 3/4" 10 minutes $16.00 18 minutes $20.00 30 minutes $25.00 60 minutes $30.00 When available, used tape stock can be purchased at 1/3 above cost. The Operator may require a reasonable deposit from users of any equipment When said users remove equipment belonging to Operator from the studio. Nothing herein shall be construed to limit the liability of any person removing such equipment from such facilities or to relieve such person from liability for all damages if such equipment must be repaired or replaced due to damage, theft, or abuse while loaned to such person. Operator may reasonably adjust the above rates upon sixty (60) days' notice to the City. VOLUME XLIX AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Dundee Landscape Korn /Ferry International Speer Financial Inc. University of Illinois Billie Rose Jackson 157 Laurel Court Archie Chouinard 389 Slade Avenue Richard Reinart 390 Hamilton Avenue Ann Blakeslee 910 $7,105.75 Landscaping at new fire station. $3,628.62 Travel costs and mist. expenses. $2,500.00 Services re Apostolic Christian Church IR Bonds. $2,100.00 Tuition for Basic Law Enforcement Training Course. $5,010.50 Residential rebate program. $2,927,04 Residential rebate program. $2,254.66 Residential rebate program. 525 Regent Street $1,525.00 Residential rebate program. Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the above listed payments. Yeas: Councilmen Andersen Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; , None. RESOLUTION ADOPTED AUTHORIZING A SERVICE CHARGE FOR SALES OF CITY OF ELGIN VEHICLE LICENSES Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales and Waters. Nays: Councilman Schmidt and Mayor Verbic. 911 VOLUME XLIX RESOLUTION AUTHORIZING A SERVICE CHARGE FOR SALES OF CITY OF ELGIN VEHICLE LICENSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the designated agencies for the sale of City of Elgin vehicle licenses be and are hereby authorized to collect a service charge not to exceed 5G� for each vehicle license sold. BE IT FURTHER RESOLVED that .notice of any established service charge shall be posted in a conspicuous place wherever vehicle licenses are sold pursuant to this resolution. s/ Richard L. Verbic Richard L. Verbic, ,lllayor Presented: December 17 1984. Adopted: December 1'7, 1984 Vote: Yeas 5 Nays 2 Recorded: Attest: s/ Marie Yea an Marie Yea.rman, City Cleric REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report for November, 1984 Transportation Report for September & October, 1984 Human Relations Commission Minutes 11/6/84 Building Report for November, 1984 Public Property & Recreation Board.Mi..nutes 11/27/84 Budget Summary dated December 6, 1984 Councilman Gilliam made a motion, seconded by Councilwoman Shales to place the above listed reports on file. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic.. Nays: None. VOLUME XLIX RECOGNIZE PERSONS PRESENT Councilman Andersen: After length a couple of weeks ago or lack thereof, and some of I had a note handed to me on of the other things that the do. 912 ae discussed parking here at great and the function of the Meter Maids, the criticism of their functions, the bus the other day about some Meter Maids have been assigned to One.of them here from January, 1983 to December, 1984 spent 402 hours as a school crossing guard. Can't do much marking tires being out there. This one was also on the switchboard for 3 months. There was also some envelope stuffing of police bulletins, vehicle sticker notices and parking ticket notices. Another one had 450 hours of school crossings and stuffed some more envelopes, etc. Another one had 350 hours of school crossings, etc. How come this was not brought up. Mayor Verbic: Well I was not aware of this maybe Mr. Maim knows, who is the boss of that department. Councilman Hansen: They are under the Police Department. Mr. Maim: Yes they are. I know in times of inclement weather and extremely cold weather they are assigned in door d.uties. So that could account for some of the time. Councilman Andersen: School crossings would be outside. Mr. Maim- That is correct and I don't know if that interferes or not with their violation of parking meters, but we will certainly find out for you. Councilman Gilliam: Is the Councilman saying that because we don't need them. Councilman Andersen: No. I am saying that there was some criticism of their activities downtown, a lot of cars were not marked, etc., and I think the criticism was unjustified. Mayor Verbic: You can't go ahead and mark tires if you are out doing crossing guard. Councilman Hansen: I believe that by enlarge the most criticism that the downtown professionals had was the lack of enforcement and this may be the reason for it. Mr. Maim: By the meeting of January 14th we will have a report to the Council regarding the activities of the Meter Maids and 913 VOLUME XL1X how these activities would effect the parking enforcement program. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming mee ings. 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 10:40 p.m.. Marie Yearma City C er VOLUME XLIX December 20, 1984 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT SPECIAL MEETING 914 A Special Meetinq of the Council of the City of Elgin, Illinois, was held on December 20, 1984 at 4:20 p.m., in the Council Conference Room of City Hall. The meeting was called to order by Mayor Verbic. ROLI CAI I Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: Acting City Manager Robert Malm, Corporation Counsel Jentsch, City Clerk Marie Yearman, and members of staff. BID FOR CHICAGO STREET AND NATIONAL STREET WATERMAIN HANGERS AND INSULATION ----'TABLED Ralph Ridley advised the Council the staff had re- evaluated this proposal and they world like to develope a new plan for this project. Both Ron Zegers and Art Malm would like to have a closer look at the existing watermain handers and watermains. Therefore the staff recommended that all bids for this project be tabled. Councilman Gilliam made a motion, seconded by Councilman Schmidt to table this bid. yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays; None. BID AWARDED FOR ACOUSTICAL CEILING TILE FOR HEMMENS BUILDING Councilman Gilliam made a motion, seconded by Councilman Hansen to award this contract to the low bidder, Reinke Interior Supply Company, for a total bid price of $4561.60. Yeas; Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED APPOINTING LEOPOLD GOLDSCHMIDT AS A MEMBER OF THE PLANNING COMMITTEE Councilwoman Shales 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. 915 VOLUME XLIX RESOLUTION APPOINTING LEOPOLD GOLDSCHMIDT AS A MEMBER OF THE PLANNING COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leopold Goldschmidt be and is hereby appointed as a member of the Planning Committee to fill the unexpired term of Charles Nelson for a term to expire July 1, 1986. S/ Richard L. Verbic Richard L. Verbic, .Mayor Presented:. December 20, 1984 Adopted: December 20, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING DR. DAVID CAMPBELL AS A MEMBER OF THE ELGIN HERITAGE 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 XLIX 916 RESOLUTION APPOINTING DR. DAVID E. CAMPBELL AS A MEMBER OF THE ELGIN HERITAGE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dr. David E. Campbell be and is hereby appointed as a member of the Elgin Heritage Commission for a term to expire July I, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 20 1984 Adopted: December YO, 19:84 Vote: Yeas 7 Nays O Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO THE.-BUILDING COMMISSION,., ELECTRICAL COMMITTEE AND PLUMBING COMMITTEE 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. Pays: None. 917 VOLUME XLIX RESOLUTION APPOINTING MEMBERS TO THE BUILDING. COMMISSION, ELECTRICAL COMMITTEE AND PLUMBING COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Frank Transue be and is hereby reappointed as a member of the Building Commission for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Herbert Hansen be and is hereby reappointed as a member of the Building Commission for a term to expire May I, 1988. BE IT FURTHER RESOLVED that John Schmidtke be and is hereby reappointed as a member of the Building Commission for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Richard Sinnett, Sr. be and is hereby reappointed as a .member of the Building Commission for a term to expire May 1., 1988. BE IT FURTHER RESOLVED that Fred Led.ebuhr be and is :hereby appointed as a member of the Building Commission for a term'to expire May I, 1987. BE IT FURTHER RESOLVED that Robert SpappeH be and is hereby reappointed as G member of the Building Commission for a term to expire May 1, 1987. BE IT FURTHER RESOLVED that John Williams be and is hereby appointed as a member of the Building .Commission for a term to .expire May l 1987. BE IT FURTHER RESOLVED that Fred Ackmann be and is hereby reappointed as a member of the Building Commission for a term to expire May 1, 1987. BE IT FURTHER RESOLVED that Mel Dahl be and is hereby reappointed as a member of the Electrical Committee for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Merrill Lauderdale be and is hereby reappointed as a member of the Electrical Committee for a term to expire May I, 1988. BE IT FURTHER RESOLVED that Thomas Lohbauer be and is hereby appointed as a member of the Electrical Committee for a term to expire May I, 1987. BE IT FURTHER RESOLVED that Robert Spapperi be and is hereby reappointed as a member of the Electrical Committee for a term to expire May 1, 1987. BE IT FURTHER RESOLVED that Stanley Sphatt be and is hereby appointed as a member of the Electrical Committee for a term to expire May I, 1 986. BE IT FURTHER RESOLVED that Fred Staroski be and is hereby appointed as a member of the Plumbing Committee for a term to expire May I, 1988. BE IT FURTHER RESOLVED that John F. Bero be and is hereby appointed as a member of the Plumbing Committee for a term to expire May 1, 1987. VOLUME XLIX BE IT FURTHER RESOLVED that Jerry Robert be and is hereby appointed as a member of the Plumbing Committee for a term to expire May I, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 20 1984 Adopted: December 10, 1984 Vote: Yeas 7 Nays 0 Recorded: Attest: r r s/ Marie Yea rm n Marie Yearrnan, City Cleric DINANCE PASSED ABATING A PORTION OF THE Counc'iiman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned ordinance. Yeas. Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 919 VOLUME XLIX Ordinance No. T12-84 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TeX FOR 1984 FOR STREET IMPROVEMENT BONDS WHEREAS, the City of Elgin will have sufficient finds 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 Intersections Within said City, Including Widening, Repairing and Resurfacing, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of said Bonds; and WHEREAS, the total of the levy of the tax for the year 1984 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 $144,350 for the year 1984 as provided and levied ,the ordinance providing for the issuance of $2,000,000 Street Improvement Bonds, passed December 13, 19679.0 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 1984 in the amount of $69,350 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, 1984. 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 20, 1984 Passed: December 20, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Att st: s/ �M�a�r Mariee e a an Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1984 FOR RECREATION CENTER BONDS 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. VOLUME XLIX 920 Ordinance No. T13 -84 AN ORDINANCE ABATING,THE ANNUAL TAX FOR 1984 FOR RECREATION CENTER BONDS WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by .Ordinance T.- 1.27.8, .An Ordinance Providing for the Borrowing 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 1984 Provided in the ordinance is unnecessary. NQWN 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 $51,025 for the year 19$4 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. S.ection,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, 1 984. 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 20, 1984 Passed: December 20, 1984 Vote. Yeas 7 Nays 0 Recorded: Published: Attest: I j +{p� s/ Marie Yeaj([Pllan Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1984 FOR GENERAL OBLIGATION CORPORATE PURPOSE BOLDS, Councilman Hansen made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilli`m, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 921 VOLUME XLIX Ordinance No. T14 -84 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1984 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIFS 1975 . WHEREAS, the City of Elgin will have sufficient `Funds on hcnd to pay:' tax levied by Ordinance S5 -75, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the Amount of $3,300,400 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 1984 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $122,800 for the year 1 984 as provided and levied in the ordinance providing for the issuance of $3,300,000 General Obligation Corporate Purpose Bonds, 'Series 1975, passed June 11, 1975, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file. a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1984. 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 20 1984 Passed: December YO, 1984 Vote: Yeas 7 Nays 0 Recorded: Pub I fished: s /Marie year an Marie Yearman, City Clerk ORDINANCE PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 1984 FOR CORPORATE PURPOSE BONDS SERIES 1976 Councilman Waters made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Bays: None. VOLUME XLIX 922 Ordinance No. T15 -84 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1984 FOR CORPORATE PURPOSE 'BONDS, SERIES 1976 WHI EREAS, the City.,of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance 54 -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 1984 provided in the ordinance is unnecessary. NOWT 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 $448,350 for the year 1984 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 $235,250 and extending a tax for the year 1984 in the amount of $213,100 against all taxable property situated in the City of Etgin, 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, 1984. 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 20 1984 Passed: December 26, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: K st: Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1984 GENERAL OBLIGATION WATER BONDS, SERIES l9bO 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. 9 �3 VOLUME XLIX, Ordinance No. T16 -84 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1984 GENERAL OBLIGATION WATER BONDS, SERIES 1980 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied .by Ordinance SI -80, An Ordinance Providing for Borrowing Money c�r)d Issuing Bonds of the City of Elgin, Kane and Cook Counties, 11 nois, to the Am' ount of $183,900,000 for Paying the Cost of Constructing Public Irnprovernents 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 1.984 provided in. the ord:inarice is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $1,628.,500 for the y.e(3rI9B4 as provided and levied .in the ordinance providing for the issuance of $18,900,000 General Obligation, Water Bonds, Series 1980, passed January 28, 19.80, 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 cert,ifled copy of this ordinance with the County Clerks of Kane and Cook .Cou.nties, Ilr:inois, prEpr, to December 31, 1 984. ,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 20, 1984 Passed: December 20, 1984 . Vote: Yeas 7 NaysO Recorded: Published Att st: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED ABATING A PORTION OF THE ANNUAL TAX FOR r -R —P mri7 D An ttD c Councilman Gilliam made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Counc,i ]men ;Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic_._� Nays: None. VOLUME XLIX 924 Ordinance No. T17 -84 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR .1984 FOR GENERAL OBLIGATION CORPORATE PURPOSE 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, !Cane and Cook Counties., Illinois, to the Amount of $2,950,000 for Paying the Cost. of Constructing Public Improvements in the City, and Ptoviding 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 1984 provided in the ordinance is unnecessary. NOW; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. °That the County Clerks of Kane and Cook Counties, are hereby authorized and directed. to abate the tax of $472,125 for the year 1984 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. Section 2. That the y C1eek is'authorized and directed to file a certified copy of this ordinance ti with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1984. Section 3. That this ordinance shat! 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 20, 1984 Passed: December 20, 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Atest: d ¢ s ar i�r�rr�{-in Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE LEVY AND ASSESSMENT OF TAXES FOR THE F I SCA_L 'YEAR ENDING DECEMBER 31, 19$4 IN ANU 1-UK Jilt (,11Y OF LLUIN SHEUTA.L SERVICE ARES NO. TWO Counc,il,man Hansen made a motion, seconded by Councilman Schmidt to pass.—the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen,: chmi.dt, Shales and Mayor Verbic. Nays: Councilmen Gilliam and Waters. 925 VOLUME XLIX Ord i nonce No. T 18 -84 AN ORDINANCE ABATING THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1984 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO WHEREAS, on September 10, 1984 the City Council of -the City of Elgin, acting`cis the governing board of Elgin Special Service Area Number Two passed Ordinance ' No. T5 -84 entitled, "An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Ending December 31, 1984 in and for the City of Elgin Special Service Area Number Two; and WHEREAS, the total of the levy of the tax for the year 1984 °prov' ded 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 Clerk of Kane County, is hereby authorized and directed to abate a portion of the tax of $202,020 for the year 1984 as provided and levied in the ordinance passed September 10, 1984, a copy of which was filed with said county clerk; said tax shall be abated by reducing said sum $17.6,7167 and extending o tax for the year 1984 in the amount of $25;253 against all taxable property situated in thee. City of Elgin Special Service Area Num. ber Two, Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerk of Kane County, .11 linois, prior to December 31, 1984. 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 20, 1984 Passed: December 20, 1984 Vote: Yeas 5 Nays 2 Recorded: Published: R"arie t: Year 4n Marie Yearma.n, City Clerk ORDINANCE PASSED s /Richard L. Verbic Richard L. Verbic; Mayor ABATING THE AN L TAX FOR 1984 •r,� uU- j Ul :: uiv r�;.r;N I Nu 13UNUb SERIES l 9.bOA Councilman Hansen made a motion, seconded by Councilrnan.Andersen to pass the aforementioned ordinance. Yeas: Councilmen Ancl:ersen, Hansen., Schmidt, Shales, Waters and Mayor Verbic. Nays Councilman Gilliam. VOLUME XLIX Ordinance No. T19-84 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1984 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 SI2. -80, An Ordinance Providing for Borrowiong 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 Constr.ucting,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 the total of the levy of the tax for the year 1984 provided in the ordinance is unnecessary. NOW, THEREFORE; BE 1T,QRDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I... That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $299,625 for the year 1984 as provided and levied in the ordinance providing for the issuance of $2,600,000 General Qb1igatiot, Parking Bonds., Series. 1980A, passed October 229 1980, a copy of which was filed with_each,.of said.courty clerks,:s. id tax shall be abated by reducing said sum $124.,625 and extending a tax for the year 1984 in the amount of $175,000 against all taxable property situated in the City of Elgin, Kane and Cook Counties; Illinois. Section 2. TsEat the City s.Eer►C :is aiirhGrizetli and direcleu to file a certified Copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1984. Section 3. Thaft is ordinance 'Shall be in full force and effect from and after its passage in the manner provided by low. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 20, 1984 Passed: December 20, 1984 Vote: Yeas 6 Nays 1 Recorded: Published: At est: sa r ea'ma n Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE 1984 BUDGET Councilman Waters made a motion, seconded by Councilman Schmidt to pass' the aforementioned ordinance. Yeas: Councilmen Andersen, G i 1 1 a`;ti, .Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 927 VOLUME XElX AN ORDINANCE AMENDING THE 1954 BUDGET Ordinance No. T9 -84 VOLUME XLJ X , $ 315050 $ - 928 200,000 - .,; CITY OF ELGIN 1,781,465 1,781,465 - SUMMARY OF BUDGET AMENDMENTS 867,070 867,070 - FOR THE YEAR 1984 1,433,.060 - 1,160,000 1,160,000 - APPROVED AMENDED 1984 1984 INCREASE FUND AND DEPARTMENT BUDGET BUDGET (DECREASE) GENERAL , FUND 011 Mayor and City Council $ 48,815 $ 48,815 $ - 012 Office of the City Manager 137,060 137,060 - 013 Purchasing & Research 85,740 85,740 = 014 Personnel & Administrative Services 138,990 138,990 - 015 Legal Department 129,970 129,970 - 018 Human Relations Commission 39,755 39,755 - 019 Board's 8 Commissions 87,000 87,000. - 020 Finance Department 770,520 770,520 - 030 Department of Buildings 320,620 320,620 040 Community Development Department 313,705 313,705 - 050 Polite Department 5,064,525 5,064,525 - 059 Civil .Defense Division 4,.495 4,495 - 060 Fire Department 3,459,050 3,459,050 - 061 Bureau of Inspection S€:rv.i.ces 392,195 392,195 - 071 Public Works Administration 106,620 106,62.0 - 072 Engineering Division 413,360 413,360 - 074 Electrical Division 462,660 46.2,660 075 Sanitation Division 793,810 793,810 - 076 Streets Division 894,585 894,585 - 077 Sewers Division 305,335 305,335 - 079 Construction Division 66,705 66,705 - 081 Parks $ Recreation Administration 77,415 77,415 - 082 Recreation Division 294,780 2.94,780 - 087 Mall Coordinator 44,180 44,180 - 088 Parks Maintenance 704,090 704,090 - 089 Hemmens Auditorium 218,715 218,71.5 - 190 Non - Departmental Expenses. 1,756,825 1,756,825 SPECIAL REVENUE 200 Public Benefits Fund 210 Road and Bridge Fund 220 Grant Fund 230 Community Development Grant 240 Spring St. Parking District 770 Federal Revenue Sharing Fund 280 I.M.R.F. Fund 2.90 Motor Fuel Tax Fund Total - Special Revenue $17,131,520 $17,131,52.0 $ - $ 315,450 $ 315050 $ - 200,000 200,000 - - 11,685 11,685 1,781,465 1,781,465 - 40.7,000 407,000 - 867,070 867,070 - 1,433,060 1,433,.060 - 1,160,000 1,160,000 - $6,164,045 $6,175,730 $ 11,685 929 CITY OF ELGIN VOLUME XL1X SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1984 APPROVED AMENDED 1984 1984 INCREASE FUND AND DEPARTMENT BUDGET BUDGI -T (DECREASE) DEBT SERVICE 300 Corporate Bond Fund $ 1,454,245 $ 2,020,845 $ 566,600 CAP -ITAL IMPROVEMENTS 330 Spring St. Parking Const. $ 77,5.00 535,000 - - :.340 ;- :.:Park Development Fund 1,000,000 1,400,000 19,975 18;475 350 Downtown Redevelopment Fund 1,651,835 1,651,835 75,370 375 Capital Improvement - Otter Creek 720,000 720,0,0.0' $ 9,287,715 $ 38,475 377 Capital Improvement - Old Main 32,000 • 32,000 378 Capital Improvement - Tyler Creek 127,845 130,305 2,460 379 380 Capital Project - Sears Building Cap. Imprvt. 525,500, 568`,00.0 42,500 - 1983 Bond Issue 1,107,265 1,1.07,265 381 385 Cap.. Imprvt. - 1984 Bond Issue Capital improvement F=und - 1,952,000 1,952 >000 390 Water Construction Bond Fund 2,802,490 571,25.5 2,802,490 810,000 238,745 Total - Capital Improvements MUNICIPAL ENTERPRISE 400 Water Operating Fund 410 Water Improvement Fund 450 Parking Operating Fund 455 Spring St. Parking Operating 490 Parking Construction Fund 500 Cemetery Operating Fund 540 Golf Operating Fund 543 Golf Improvement Fund 570 Transportation Operating .Fund Total - Municipal Enterprise TRUST AND AGENCY 600 Police Pension Fund 610 Fire Pension Fund Total - Trust and Agency $ 8,615,690 $10,851,395 $2,235,705 $ 5,495,150 $ 5,515,150 $ 20,000 535,000 535,000 - 153,655 153,655 - m5,120 385,1.20 - 1,500. 19,975 18;475 227,55.5 22.7,555 464,470 464,470 75,370 75,370 - 1,911,420 1,:911,420 - $ 9:,249,240 $ 9,287,715 $ 38,475 $ 1,485,150 $ 1,485,150 $ - 1,760,700 1,76.0,700 - $ 3,245,850_.l 3,245,850 $ - INTERNAL SERVICE 630 Risk Management Fund $ 1,588,035 $ 1,588,035 $ 700 Mun. Garage Fund - Ann St. 405,550 405,550 - 705 Mun. Garage Fund - Crystal :St. - 565,100 565,100 - Total - Internal Service $ 2,558,685 $ 2,558,685 $ - VOLUME XLIX. CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1984 APPROVED AMENDED 1984 1984 INCREASE BUDGET BUDGET CDECREASE) $48,419,275 $51,271,740 $2,852,465 4,925,935 5,512,535 586:,600 930 $43,493,340 $45,759,205 $2,265,865 931 CITY OF ELGIN BUDGET AMENDMENTS FOR THE YEAR 1984 VOLUME XLIX APPROVED AMENDED 1984 1984 INCREASE FUND AND DEPARTMENT BUDGET BUDGET (DECREASE) 220 GRANT FUND Means of Financing: 'A' Unencumbered Cash Balance $ 11,515 11,515 672 Investment I ncome = 110 170 1,_ ,'6 .85 - " 11 685 Exenditures: 990 New Construction $ $ 11,685 $ 11,685 300-- CORPORATE BOND FUND .-Means of Financing: 6699 Transfer From Cap. Imprvt. $ --561-61, 60_0_. 566,,600 Expenditures: 9559 Provision For Debt Service $ 4�: 566600 $ 566,600 ,3782 TYLER CREEK CAPITAL IMPROVEMENT FUND' Means of Financing: Unencumbered Cash Balance (82,800) (80,340) 2,460 Expenditures: 800 Professional Services $ - $ 2 , ..,460. - .246 0 3.7T',;SEARS BUILDING CAPITAL PROJECT FUND y. _Means of Financing: Unencumbered Cash Balance $ 489 2 672 Investment Income 9141 Transfer to Corporate Bond 955 Contingencies 980 Major Repairs 20,75 35,6�� 56,000' 3 5259 00 568,,000 42,500 A, 566,600 566,600 525,500 - (525,500) 1,250 1 .. v250 - 150 150 525, 500 .568,000 $ 427516-0 VOLUME XL IX 932 CITY OF ELGIN BUDGET AMENDMENTS FOR THE YEAR 1984 APPROVED AMENDED 1984 1984 INCREASE FUND AND DEPARTMENT BUDGET BUDGET (DECREASE) 381 1984 BOND ISSUE CAPITAL IMPROVEMENT Meant of Financing: 672 1 nve-stm"ent I ncome Expenditures: 820 Office Services 990 New Construction ean-s- of-, F 1 nar� i ng: Unencumbered Cash Balance,,,,,, 672 Investment Income 9161 :955 9,7 CL,, 980 990 Transfer to Wafer ,Contingencies n,-apl-tails'-Add;f ions Major Repairs New Construction $ 27,000 ',,27, 000 1,925 000 1,925,000 1,952,000 $1.,952,000 $ 15,000 $ 15,000 .5,000 5,000 1 t-932,000 :1-1932,'000 $ 19952,000 $1,952,000 526,255 $ 695,000 - S 158,-475 45,000 115,000 , M000 S 571,255 $ 810,000 238,745 Fund $ 480,000 $ 500,000 $ 20,000 4,465 - .1 (.4,,,465) 36,090 30,000 (OM 1;, 700 50,000 :48,30 t 0 000 230,000 1-75000 $ 571,25-5 3-810,000 $ 239,145 A^^ WATER Ur tlyi I J .1-46 r.VNL)-, -- - Mean:s 6f —na n = n 9-'-- rry .,,transfer 66, Expend itures: 955 Contingencies $ 480,000. $ 500,..000 20,000 $ 52,925 $ 72,925 20000 935 VOLUME X, Section 3. That the City Clerk is authorized and directed to file G certified Copy of this ordinance with the County Clerks of Kane, and .­CQ0.k -Coynties, Illinois, prior to December 31, 1984. -0 Passa6Spassages ect iriithe manner proon 4. That thivided s ordinaby nloce shall be in full fprce and effect­ ol-,t,Gnd after its w. Presented: December 20, 1984 Passed: December 202 1984 V6ree.."- Yeas' 7 Nays 0 R66orjded:`. Published: M-a! r i e Yearman 6arman, City .,-,.StR ic4hard:-: t,. -AVe, S y ORDINANCE PASSED AnnPTI TH E 1985 BUDGET C Councilman Gilliam made a motion, seconded by : ,bU hit -i-1rffafv,Wd-t&Ps to pass the aforementioned ordinance. Yeas: Andersen, G i l l i a m , Hansen, Schmidt, Shales, Waters and. Mayor p-Ve rb, . i c Nays: None. V T 3 VO LUME Lo ;. � JA 936 Ordinance No. T10-84 AN ORDINANCE �iDOPTINU THE 1985 BUDGET IN LIEU OF PASSAGE OF AK',! r' APPROPRIATION ORDINANCE 7�HEREAS, the t�y uncil of the City of Elgin has provide- f , or the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 1985; and WHERE A5,-ft, 'a tgentat.A--v,e i 6hrival budget has been prepared, notice given and a available for inspection for at leas+ ten days; and WHEREAS, the City Council of the City of Elgin, I I I inois has conducted a public hearing on the tentative annual budget; and DC WHEREAS; the City Counci I of the City of Elgin, I I I lno.140r),I?as,,,,edamined said annual budget and has heard al I persons appearing and dasj�ri-nq- to be heard concering said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C I T. . QF E ILLINOIS: LGIN, Section -1. That the tentative annual budget heretofore prepared by the budget di"recfor and placed on file as required by the statutes d-f.9KA6-1. State of Illinois is hereby adopted t n' I leu of the passage of an,' - -6 t p.�%,J,a ion ordinance for the fiscal year 1985 with the following amendments: Proposed Amended Increase Budget Budget (Decrease) .01.0 GENERAL FUND i n an . b-A ng Means F" b 401.9 Current Property Tax Receipts $4,621,.315 678 Cable TV Franchise 80,000 $4,701,315 Expenditures: Mayor and City'Council 4,470 700 Salaries and Wages $ 9,000 7051 Pension Contrib. - IMRF «- 7054 Pension Contrib. - FICA 635 707 Insurance Charges 14p615 710 Office Supplies 1,985 720 General Operating Supplies 75 795 Miscellaneous Supplies, 75 820 Office Services 8,800 $4,623,165 850 130,000 50,000. $4,753,1.65. $_ 51,850 $ 40,815 $ 31,815 4,470 4,470 635. 17,250 2,635 3,900 1,915 75 75 - 13,335 4,535 939 VOLUME XLIX x Section 2. That the budget director is hereby authorized and directed to cause to be prepared and published the 1984 annual -budget with the aforementioned amendments. h. 'T 3 ('A s? ­1 F V. 7 r. Section 3. be n and effect from dina ce� .theme '! r 4 7i7l and after January , 1985: A b Presented: December 20, 1984 Passed, December 201, 1984 Vote' Yeas 7 Nays 0 Recorded: Published: Attest: "C f 2 _,:.r 5 il C V; V -!U MEL a ri z a ri:�' r ei Marie Yearman, City 'b �5 1 n AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Jimmy Diesel $11,330-00 Overh . au.1i.ng and rebu-ildin. �ar�tas�sr� fg 'or- �7 B u tf 5M 35 Y Elgin Sanitary .District $1,737-50 Water testing services.in November. Councilman Gilliam made a motion, seconded by Councilman Andersen to approve the above listed payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt,,Shales, Waters and Mayor Verbic. Nays: None. VOLUME XLIX M RESOLUTION AUTHORIZING THE EXECUT"FON OF AN AGREEMENT .WITH K ANE COUNT,Y.FOR 9- . -SNG ND- it-E tON'TRUL ON BIG '-T.I MBAR --. ROA TABLED Councilman Gilaf l,jam-Aa0e. a motion, seconded by Councilman Waters to tatil.6-1,e]Ne'a ji��6ned resolution. Yeas. Councilmen 3 A Schmidt, Shales, Waters and Mayor Verbic. Nays: None. ADJOURNMENT 0 , tz ..-' Councilwoman Shales made a motion, seconded by Councilman Hansen to adiourn the Council Meeting. Yeas: Councilme.. Ainadersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor rb�i =it.i i,i�t4ays: None. The meeting was adjourned--a-t-4-.50 p.m. IV i. i-uds-i an P: i # U 6 f" 1 -1 '�a r i F 4a rma C i ty� &q . , ka- ID 54 ism! r z�,e 33 -e,!1- bf3i.YnoD�,. I lo mz aa'c Y V C' tc,H2 e. Jbiml 1 —4��v D "