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HomeMy WebLinkAboutApril 22, 1985 CC VOLUME L April 22 , 1985 233 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois was held on April 22 , 1985 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 Robert Linstrom of the Holy Trinity Lutherna Church, and the Pledge of Allegiance was led by Councilwoman Moylan. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Absent : None. MINUTES OF THE MARCH 19, 1985 , MARCH 21, 1985, MARCH 25 , 1985 , APRIL 1, 1985 AND APRIL 8, 1985 COUNCIL MEETINGS APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Waters to approve the March 19 , 1985 , March 21, 1985 , March 25, 1985, April 1, 1985 and April 8, 1985 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Presentation of Plaques to former Councilmen Elmer Hansen, and Erwin Schmidt . Presentation of Resolution to the St . Edwards Green Wave Girls Basketball Team expressing commendation and appreciation to the team on Winning the Class A Illinois State High School Association Basketball Championsip. Bob Balsamo, representing the Elgin Rifle Club, I would like to talk to you today about something that remains unfinished that is very near and dear to the organization which I represent . On July 5 , 1984 the City Council passed a resolution to adopt the Poplar Creek Flood Control Levee, to date , to the best of my understanding, no further action has been taken on this motion. 234 VOLUME L The construction fo the Poplar Creek Levee project funding is in jeopardy as a result of the fact that nothing has been done. To use the same phrase that I heard in the Commitee of the Whole meeting, if something is 'nt done shortly the window of opport- unity will close on the federal funding, which is available. There is close to one-quarter of a million dollars of federal funds which are available to eliviate the flooding along Poplar Creek. As my recollection serves me the amount of money that would be involved for the City of Elgin to expend to partici- pate in this project and to eliviate a great deal of suffering within the flood plain here in Elgin, would constitute merely the purchase of four acres of land bordering Poplar Creek. These four acres of land lay in the flood plain as does a great deal of property in this area and in accordance to the ordinance of the flood plain here in Elgin no construction can take place. Further more no filling can take place on a flood plain. Since the ordinance was passed we have seen our neighbors to the north and south of us dumping concrete and other material in the flood plain and I might add in order to eliminate flooding in the Casa Linda area, and to the PUD to the north and west of us , there have been quantities of gravel dumped in antici- pation of flooding to impede the normal flow of flood water in the plain, This has resulted in our receiving considerably more flooding than we had before this situation took place. I have belonged to Elgin Rifle Club since 1952 and during that time we have averaged one or two floodings each year. However, most of the time the flooding consisted of blocking the road, perhaps an inch or so of water within the clubhouse area. Since steps have been taken to impede the flow of water to minimize the damage to the trailer park PUB and to minimize damage in the Casa Linda area, we have had floods two or three times a year to a depth of 30 to 36 inches. We feel that it is just good common sense to proceed with the project that has been offered. It is my understanding that the City Planner has recommended it . There is some question as to the value of the four acres of land that would have to be purchased from Mr. Cavitt . However, I would point out that his remaining eight acres are of no value, if he can' t develop it , and although there have been a number of complaints made as far as the filling which he is doing, apparently no body can do anything unless the City catches him in the act and I don ' t think that anybody is really looking to catching him. The value of that land, as estimated in 1978, was $20 , 000, this would be $5 ,000 an acre. There is some question as to what the real value of the land is. It is my understanding i VOLUME L 235 that the present owner does not want to sell and I am sure there are ways to get around this problem. If there is really any question as to what the value of the land is, we were offered when we were considering selling about seven years ago, we were offered by Mr. Cavitt , who owns the balance of the land, $30 ,000 for 8 .6 acres that we have. I would encourage each and everyone of you to try and find some place in the priorities of things that have to be done to give this some attention. It is really a very important matter. BID AWARDED FOR OTTER CREEK DETENTION FACILITY The low bid was submitted by T & W Edmier Corporation, who is is the contractor for the Elgin Softball Complex. Mr. Malm: There are some problems on the softball diamonds and those problems were of such a extent and nature that in September the City Council was in a position of almost declaring the contractor in default and proceeding aginst the bid bond to finish off the project . Subsequently, the contractor got another subcontractor, in terms of landscaping and then proceeded to make the necessary repairs before the default was formally taken. Many meetings were held with the contractor, concern was expressed by the Park' s Commission on several occasions and finally the work was completed to such an extent that at least the City could get its grant from the State of Illinois. There is still work to be done on the softball complex and the new landscaper is enthusiatic and is proceeding with it . Mayor Verbic: I know that staff had considerable problems in communicating with the contractor. I do know that the grant was in jeopardy and some of the problems that arose through the lack of follow through by the contractor. The staff spent an abnorminal amount of time trying to work with the contractor in getting this job done, and I would hate to say yes to another large expenditure where you may encounter the same kind of problems that you had with the previous one. Councilman Andersen: Don 't we normally withold substantial amounts of money and that was not true in the case of the ball diamonds. Mayor Verbic: As I remember he had received full payment on his contract and as you will remember he also had a $20 ,000 or $30, 000 overrun which we conceded to pay him. Mr. Edmier: I think that if everybody in this room had been involved with some of the circumstances that we had to live i 236 VOLUME L with out on the project , I think you would understand. When we arrived on the job site and we started to work on the project , we found that the aerial survey was off by almost as much as six feet . We came to the Board immediately, we redesigned the project for the Board to minimize the spending of what could have been almost $200 ,000. We agreed to continue with the project for the same dollar amount as bid. The project proceeded, although it was delayed, because of this, the project proceeded and went into the Fall of 1983, we had intended to be seeding in the Fall of 1983 . In the Spring of 84 we had the heavy rains and we ended up having to wait until almost mid May until we could complete the grading, again the grading was held up because of the planners, not the contractor. We proceeded with our landscaping as soon as the earth work was performed, which happended to be early summer, which is not the proper time to do landscaping. We had a subcontractor working for us that had worked for us for five years on various projects , much larger than yours. I had no knowledge that the contractor was having financial problems . The contractor, seemingly did not put down the quantity of seed that should have been done. When we found out that the grass was not growing, and we did recognize the fact that it was not under the proper conditions, I kept on the contractor and he kept promising to come back and get the job done. When we found out he was having financial problems, we moved with the City, I removed him from the job site and we brought another contractor out there. We completely re-seeded the ballfields . The ballfields do have an acceptable stand of grass out there now and the only work that remains to be completed out there is the restoration of the outfield warning track areas, one more mowing on the site and possible filling of a few ruts . I think that if the truth were known you would find that we very much cooperated with the City of Elgin. We too were put into a predicament , we had a subcontractor who had been paid and who did'nt perform. We had to be very careful as to the legal measures that we took so that we would not be out on a limb and have some serious problems . I feel that we have performed very well and I feel that we will do the same on this project , and this time I guarantee you that even if we have to do the seeding ourselves we will do it to make sure that we have complete control over everything on the project . VOLUME L 237 Councilwoman Moylan: Are there any grants involved in this project. Mr. Malm: Well our agreement does provide that we have to complete it this year. We mentioned that it was a five party agreement with Elgin Township, Kane County, Illinois Division of Waterways, Illinois Division of Highways and the City of Elgin. This is the last part of the piece and as I understand it from the Engineering Department this has to be at least underway this year. Mr. Edmier: We have never not completed a project on time, and I just feel that we are being blamed for something here that we should not be blamed for. Mr. Malm: This is the second time the references on Mr.. Edmier were checked out . The first time was when he received the softball contract . The references at that time were the same as now, that they were very good references and that is why he was awarded the contract in the first instance on the ballfields. Councilman Waters: Is there work yet to be completed on the softball diamonds. Mr. Malm: Yes, as Mr. Edmier mentioned the grass has to be cut , there is at least one more mowing. I think some of the infields have to be turned and some of the erosion damage would have to be repaired and the warning tracks fixed, but that was planned for this Spring and I understand that the subcontractor has already been in touch with Phil Bennett on a couple of occasions just trying to schedule when that should be done. As as matter of fact I understand that this subcontractor has received very high marks in terms of re-doing everything that was done once before. Councilman Waters: Is it possible when you have bid a project li like this to go back and put in stipulations to the completion of another project . Counsel Jentsch: No, that would not be appropriate. I think your alternatives are to award to the apparent low bidder and find that he is not the lowest responsible bidder, or to reject aLl bids and bid it again. Councilwoman Shales: I would move that we award this contract to the apparent low bidder, T & W Edmier Corporation, for a total of $610 ,076 . 88, with the clear understanding that we do not want a repeat of the problems that we experienced with the ball diamonds. Councilman Andersen: I will second that . Yeas: Councilmen Andersen, Moylan, Shales , Van De Voorde and Waters. Nays: Councilman Gilliam and Mayor Verbic. i 238 VOLUME L BID AWARDED FOR THE NATIONAL STREET PYLON REPAIR Councilman Waters made a motion, seconded by Councilman Gilliam to award this contract to the low bidder, Zimmerman Construction Company, in the amount of $4 , 400. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR BITUMINOUS PATCHING MIXTURE Councilwoman Shales made a motion, seconded by Councilman Van De Voorde to award this bid to the low bidder as follows: Bituminous Patching Mixture Group I (Hot Mix) to Leininger-Mid States Paving Company for $25 , 339 .25 , and Bituminous Patching Mixture Group II (Cold Mix) to Giertz-Melahn Asphalt Company for $3 , 200. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR FIRE DEPARTMENT UTILITY VAN Councilwoman Moylan made a motion, seconded by Councilman Van De Voorde to award this bid to the sole bidder, Coffman Brothers Truck Center, for a total bid price of $13 , 625 . Yeas : Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. Mr. Malm: This item was tabled at your last meeting to tonight pending some negotiations by Charles Burnidge with the sole bidder. Mr. Burnidge has a report if the Council will entertain that . . Councilman Gilliam: Excuse me, I have a question first . I thought some decision was going to be made whether or not we are going to do this at all. Mr. Malm: There was task force appointed from the City consisting of Councilwoman Shales and Councilman Waters. There have been some meetings with the Elgin Academy, however, there have been no formal meetings with the task force because the Academy named or stipulated their representatives. Perhaps one of your two members of the task force could comment on this. Councilman Waters : I was not aware that they had not named a representative, but I have been waiting to have that meeting called. What we indicated before was that Marlene and I would meet with both parties and bring back a recommendation to this group on the basis of that discussion and we have not been able to schedule that meeting yet . VOLUME L 239 Councilman Gilliam: My understanding was that we would not approve the elevator, or accessability ramp until we had a recommendation from the task force, because once we do this we are in it . Charles Burnidge: Since I was here two weeks ago we have negotiated with Lamp Construction on the bid, at that time it was a little over $184 , 000. At the present time it is $171, 030 , and we have not had to compromise on the design, or on the materials. There was nothing eliminated and it was only through their working with their subcontractors to get more competitive prices that we were able to bring this in within the amount of money that is available. Currently with the Block Grant funds and with the Historical Society contribution there is $176 , 000 available, so we are approximately $5 , 000 under the dollars that are available. I have toured the building with Councilwoman Shales and Council- man Waters to illustrate some of the uses of the building by the museum, and also to show those space useages. I submitted this afternoon late, not only a brochure that has been put out by the Historical Society, which includes their plans for the museum, but also a cost analysis of monies that have been spent on the museum to date. In the summary of that analysis we find that $248, 000 has been collected from the community in private contributions to date. $97 , 000 is pledged at the present time that would be available this year when construction begins and there is another $43 , 000 that the Historical Society has set aside for a museum fund for the exhibits, bringing the total of $388,000 as the dollars that have been contributed in the community for the museum. There also has been $173 , 000 in Block Grant Funds, $73,000 in an Illinois Department of Conservation grant and an insurance settlement of $79 ,000 for a total of $325, 000 in grants and insurance settlement , bringing a total as of now to $713 , 000, that has been either raised in private contributions or through grants. So I think that much has been demonstrated in the community for this building as a museum. The contractor has fulfilled the request of revising his bid, I think it would be important to start this project as quickly as possible so that we can have it underway. I know that the parking is a consideration, and important consideration to review, I feel that this will take a period of time, for the Academy, the Council and the Historical Society to review. There needs on the campus for parking also. 240 VOLUME L I think that if we can get the building underway as a museum, because there are two more phases of construction beyond the accessibility portion. Councilman Gilliam: How much has been raised through just community funds, forget the insurance money, block grants, what has actually been raised. Mr. Burnidge: Total dollars collected todate from citizens is $248,000 . There are pledges right now for 1985 ready to be released when construction begins of $97 , 000. The Historical Society has a fund in which they have deposited $43 , 000, this is for the inside of the museum, so that total of $388,000 is a current figure of dollars collected, dollars in pledges ready to be released and dollars that have been set aside that are presently in the bank for the museum itself. Councilman Gilliam: Once this project is completed who has to take care of this project . Charles Burnidge: This is part of your lease agreement that you have with the Historical Society and Mr. Rifken could probably speak to those issues better than I could. Councilman Gilliam: I guess what I am afraid of is that we are going to end up spending or getting half the money to support the project , we are going to build it , then they will give it to us and tell us to take care of it and thats the part that scares me. Charles Burnidge: The lease addresses some of those issues, it addresses the maintenance, it addresses the utilities and as I said that is not the area that I have concentrated on, not is it an area where I have the expertise. That has been worked out and I know there is a signed lease agreement , but I have only been involved in the construction aspect Mayor Verbic: Is there any indication as to when the members of the Council are going to meet with the task force from the Academy. Councilwoman Shales: I hate to continue delaying it , I think what we should do is set a date and tell the Academy that is the date the meeting is going . to be. Councilman Waters: I think we are ready to meet at any time, thats what we have been waiting for, is a meeting to be called and again I think it was the intent of the Council previously that this decision would be held until that meeting could be convened. VOLUME L 241 Attorney Ben Rifken: I think we have the wrong prospective here. Mr. Jentsch and I both know there is a valid contract , a valid lease signed between the Historical Society and the City of Elgin. We have the money now, we have an opportunity to have a museum. The usual legal hassle of parking, or perhaps zoning can be worked out between myself, Mr. Gerbrecht and your legal counsel. I would not wish to see at this time to have the delay of meeting with the Academy and the task force to bar us from proceeding because the longer we wait the longer will be the time when Elgin will have a museum, and I sense from the previous administration and also this administration, that the majority of the Council has always been that Elgin should have a museum. Now the good hard working people of the Historical Society are spending money improving a building that they do not even own, which will always remain the property of the City of Elgin and so I don 't think we have to justify whether we should have a museum at this time. I think the question now is why can ' t we go ahead. There is stuff all over town with no where to place it . With our efforts of trying to be a city with a history, we owe it to our children to come to have a museum, because if we don ' t get one now --- With our efforts of trying to be a city with a history, we have raised money, the City has signed a lease, the problems with the Academy should not be our problems , we are ready to go and I think the contracts should be signed. We are doing our part as a tenant and I think now is the time for the landlord to give us a chance to go to work. Councilman Gilliam: I think there is a concern that if we go with the accessibility that the use of the property will be limited, for the Academy to use it , if some day they want to take it over, or if some day when the City has this piece of property that we could ever use it for office space, because it has the federal money involved in it. Plus , I know that Elgin needs a museum, but I am not sure it needs a museum that is going to cost almost a million dollars. You could almost restore history if you are trying to preserve it . Is there e e a point when we stop and p start to reconsider, have P , we gone too far, are we going to jeopardize the Academy, who may possibly want to use the facility, are they going to leave town, do they want to expand, or whatever. I think these questions have to be answered before we continue any further and that is my concern tonight . Councilman Waters: I think the City has been extremely patient , extremely tolerant , in waiting for the funds to be raised and for you to fulfill the obligations of our first lease agreement . We are not talking about a partnership between the Historical Society and the City of Elgin, we are talking about a partner- ship between the Historical Society, the City of Elgin, and 242 VOLUME L the Elgin Academy, and regardless of how we want to work around that ,that is a three way partnership that has to work. The resolution of the parking problem has to be a three-way resolution. Another two weeks, after what we have waited up to this point is not going to put the project so far behind that our children are going to be deprived. Mayor Verbic: I think they have a new Headmaster who is to be introduced next Thursday morning and I think that is their reluctance in meeting with our task force. Councilwoman Moylan: They have a Board of Directors and certainly not everyone is new. Councilwoman Shales: Their Board has to be involved. Councilman Gilliam: I make a motion that we postpone the decision until the May 13th meeting and a meeting can be set with the Academy. Councilman Andersen: Second Yeas: Councilmen Anderse, Gilliam, Moylan, Shales , Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TRAFFIC & STREET SIGN MATERIALS Councilmen Gilliam made a motion, seconded by Councilman Waters to award this bid to the low bidders as follows: Hall Signs, $5 , 221.04 , Vulcan Signs, $1, 722 . 50 , U.S. Standard Sign, $893 .95 , and Paragon Supply Company, $603 .68 . Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED EXPRESSING COMMENDATION AND APPRECIATION TO THE ST. EDWARDS GREEN WAVE GIRLS BASKETBALL TEAM ON WINNING THE CLASS A ILLINOIS STATE HIGH SCHOOL ASSOCI- ATION BASKETBALL CHAMPIONSHIP Councilwoman Shales made a motion, seconded by Councilman Van De Voorde to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. i VOLUME L 243 RESOLUTION EXPRESSING COMMENDATION AND APPRECIATION TO THE ST. EDWARDS GREEN WAVE GIRLS BASKETBALL TEAM ON WINNING THE CLASS A ILLINOIS STATE HIGH SCHOOL ASSOCIATION BASKETBALL CHAMPIONSHIP WHEREAS, the St. Edwards Green Wave girls basketball team (hereafter Green Wave) recently competed in the Illinois State High School Association Class A basketball tournament; and WHEREAS, the Green Wave compiled a tournament record of eight wins and no losses; and WHEREAS, in their 1984-1985 season the Green Wave won twenty-nine (29) basket- ball games while losing only four (4); and WHEREAS, prior to the IHSA tournament, the Green Wave had finished first in the Kaneland Invitational Tournament and had won the Consolation Trophy in the Dixon Invitation Tournament; and WHEREAS, in IHSA Class A tournament play, the Green Wave came from behind to win against Illinois Christian in the super-sectional, against Litchfield in the quarter- finals and against Bradford in the semi-finals; and WHEREAS, on Saturday, March 30, 1985, the Green Wave played in the IHSA Class A Finals against the Teutopolis Lady Shoes in Champaign, Illinois; and WHEREAS, despite trailing by five points with only two minutes and thirty seconds left in the game, the Green Wave refused to surrender and came back to win the IHSA Class A Girls Basketball Championship by a score of 48 - 46 over Teutopolis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby commends and congratulates the 1985 IHSA Class A Girls Basketball Champions, the St. Edwards Green Wave Girls Basketball Team: coaches Ken Mattini and Pete Sauter; trainer Carl Valenti; players Leslie Biggins, Amy Dayon, Tammy Engers, Alice Garry, Denise Ghidorzi, Beth Hasenmilier, Jennifer Kuch, Julie Mousel, Maureen Mueller, Jennifer Piazza, Yvett Robeson, Anne Rotundo, Heidi Schmitt and Kristine Sullivan. Their outstanding achievement was made possible through hard work, perseverance and spirit; and has brought recognition and credit to themselves, their school and to the City of Elgin, which hereby expresses its appreciation. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: ,Attest: (, s/ Marie Yearman Marie Yearman, City Clerk 244 VOLUME L PUBLIC HEARING ON PROPOSED SECOND AMENDMENT TO THE ANNEXATION AGREE- MENT BETWEEN THE CITY OF ELGIN AND U. S. SHELTER Roger Dahlstrom: The Petitioner requests rezoning of a portion of Parkwood II from R-2 to R-3 , and various amendments to the Annexation Agreement , PUD Ordinance and Preliminary Plan. U.S. Shelter desires to construct single famil units, rather than a combination of duplex and single family units , on the remaining undeveloped portion of Parkwood II . The proposed change involves replatting the residential lots , the total number of dwelling units would be reduced from 616 to 576 . Departures from the zoning ordinance include minimum lot sizes and minimum sideyards for single family lots. The subject property is approximately 150 acres and on January 21, 1985 , the Land Use Committee recommended approval of Petition 5-85 , subject to additional conditions, by a vote of five yes and zero no. Councilman Gilliam made a motion, seconded by Councilman Waters to close the Public Hearing. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED EXPRESSING APPRECIATION TO ELMER HANSEN Councilwoman Shales made a motion, seconded by Councilman Van De Voorde to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 245 RESOLUTION EXPRESSING APPRECIATION TO ELMER HANSEN WHEREAS, Elmer Hansen, a resident of the City of Elgin, has given freely of his time and talents on behalf on all residents of Elgin by serving as a councilman from May 1, 1981 to April 17, 1985; and WHEREAS, Elmer Hansen served as a member of the Liquor Control Commission; and WHEREAS, Elmer Hansen has contributed many hours to the study of the City's problems and the implementation of-programs for their solution and to promote the orderly growth of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to Elmer Hansen for his participation and dedicated service as a member of the City Council of the City of Elgin. s/Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea4tn Marie Yearman, City Clerk RESOLUTION ADOPTED EXPRESSING APPRECIATION TO ERWIN SCHMIDT Councilwoman Moylan made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. 246 VOLUME L RESOLUTION EXPRESSING APPRECIATION TO ERWIN SCHMIDT WHEREAS, Erwin Schmidt, a resident of the City of Elgin, has given freely of his time and talents on behalf on all residents of Elgin by serving as a councilman from May 1, 1981 to April 17, 1985; and WHEREAS, Erwin Schmidt served as a member of the Liquor Control Commission; and WHEREAS, Erwin Schmidt has contributed many hours to the study of the City's problems and the implementation of programs for their solution and to promote the orderly growth of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to Erwin Schmidt for his participation and dedicated service as a member of the City Council of the City of Elgin. s/Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s Marie Yearmq Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 300 AND 330 NORTH WESTON AVENUE FROM O-LIMITED OFFICE DISTRICT TO B-1 COMMUNITY BUSINESS DISTRICT Councilman Andersen made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 247 Ordinance No. G30-85 AN ORDINANCE RECLASSIFYING PROPERTY AT 300 AND 330 NORTH WESTON AVENUE FROM O-LIMITED OFFICE DISTRICT TO B-1 COMMUNITY BUSINESS DISTRICT WHEREAS, written application has been made to reclassify certain property located at 300 and 330 North Weston Avenue from O-Limited Office District to B-3 Community 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 O-Limited Office District and including in the B-1 Community Business District, the following described property: Lots 1, 2, 3, 4, 5, 6 and 7 of Block 6 in Highland Avenue Addition to Elgin, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Passed: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearm in Marie Yearman, City Clerk i 248 VOLUME L ORDINANCE AUTHORIZING AND DIRECTING THAT CERTAIN REAL PROPERTY BE ACQUIRED FOR PUBLIC PURPOSES -----TABLED Councilman Gilliam made a motion, seconded by Councilman Andersen to table the aforementioned ordinance. Robert Malm: I believe that Corporation Counsel has been in contact, with the attorneys for the parties involved. Counsel Jentsch: The tabling is fine, but you also need a special meeting in the unlikely event that an apparent settlement is not concluded. You will recall that two weeks ago they requested that you consider April 29th for a special meeting to consider this ordinance, should it be necessary. I talked to the parties today and they do desire that you set that date, although they do not believe it will be necessary to have the meeting. Councilman Gilliam: I will amend my motion to table this ordinance to a special meeting on April 29 , 1985 at 5:00 p.m. Councilman Andersen: Second. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR A CHURCH AT 1900 BIG TIMBER Councilman Waters made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De. Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 249 Ordinance No. G31-85 AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH AT 1900 BIG TIMBER ROAD WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of church at 1900 Big Timber Road; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 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 church at 1900 Big Timber Road, Elgin, Illinois, legally described as follows: That part of the East half of Fractional Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, the point of beginning being the most Southerly corner of Lot 341 in Century Oaks West Unit No. 6, being a subdivision of part of said Fractional Section 4, said corner being a point on the Westerly line of Northern Illinois Gas Company property by Deed dated February 9, 1954 and recorded in Book 1668, page 27 as Document No. 743751; thence continuing Southerly along the Westerly line of Northern Illinois Gas Company a distance of 528.39 feet to the Northerly right of way line of Big Timber Road; thence Northwesterly along said Northerly right of way line a distance of 425.00 feet; thence Northeasterly along a line which forms an angle of 90 degrees 00 minutes 00 seconds to the right with the prolongation of the last described course a distance of 602.23 feet to the Southwesterly line of Century Oaks West Unit No. 6; thence Southeasterly along said Southwesterly line a distance of 238.61 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Conformance with the building setbacks specified on the Site Plan, dated March 12, 1985. The setback areas are to be used exclusively for driveways, off-street parking, stormwater control, and landscaping. 2. Access is to be limited to one approach on Big Timber Road. 3. Dedication of additional right of way for future improvements to Big Timber Road as required by the City of Elgin and Kane County. i 250 VOLUME L 4. Submission and approval of revised stormwater control plans for Units 6 and 7, and the undeveloped R-4 portion of the Century Oaks West residential subdivision. 5. 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: April 22, 1985 Passed: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/Marie Year n Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE THE CITY OF ELGIN Councilman Waters made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. i VOLUME L 251 Ordinance No. G32-85 AN ORDINANCE AMENDING CERTAIN 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 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 11.36.050M the following: Sherman Avenue, both sides, from George Street to Villa Street. Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions 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. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Passed: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: ie Year1pir- Marie - Yearman, City Clerk RESOLUTION ADOPTED 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 Councilman Moyland made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. 252 VOLUME L 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 Munici- pality; and WHEREAS, the shortage of such decent, safe and sanitary housing that most people can afford is not transitory and self curing and it is necessary that this Municipality take all possible action to lower the cost of such housing in order to make it available to a larger portion of the inhabitants of the Municipality; and WHEREAS, the Municipality is a "home rule" unit of governnment under Article VII of the 1970 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 agree- ment with the County of Cook, State of Illinois (the "County") pursuant to the provisions of Section 10 of Article VII of the 1970 Constitution of the State of Illinois which author- izes 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 1985 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 author- ized and directed to take all necessary or advisable actions in connection with the execu- tion and implementation of the agreement in order to facilitate the issuance of such bonds by the County. i VOLUME L 253 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: April 22, 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: "C'S.� s/ Marie Yea kt Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF HAMPTON, LENZINI AND RENWICK, INC. FOR A SURVEY OF THE OTTER CREEK DETENTION AREA Councilman Gilliam made a motion, seconded by Councilwoman Moylan to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. i 254 VOLUME L RESOLUTION ACCEPTING THE PROPOSAL OF HAMPTON, LENZINI AND RENWICK, INC. FOR A SURVEY OF THE OTTER CREEK DETENTION AREA 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 of Hampton, Lenzini and Renwick, Inc. for surveying services for the Otter Creek Detention Area, a full and complete copy of which is attached hereto and made a part hereof by reference. s/Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: a0--h� R4 Ma"'e Ye an Marie Yearman, ity Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STETSON POOLS, INC . Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. i VOLUME L 255 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STETSON POOLS, INC. 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 Stetson Pools, Inc. for the management and operations of the public swimming pools, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: ,Attest: 11� r .g,/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTES 20 , 19 , 58, 31 AND 25 FOR THE FOX VALLEY TROT Councilwoman Moyland made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde , Waters and Mayor Verbic. Nays: None. 256 VOLUME L RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUIILDINGS TO CLOSE A PORTION OF 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 27, 1985, 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 RE 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, all weather detours will be maintained and conspicuously marked for the benefit of traffic deviated from the state routes. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: t%__n 0, B sl Marie Ye} ma Marie Yearman, C4ty Jerk RESOLUTION ADOPTED AUTHORIZING AN EXTENSION OF AN AGREEMENT FOR THE MAINTENANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION Councilman Van De Voorde made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays : None. i VOLUME L 257 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, 1985 through June 30, 1986, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeaan Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT (QUANTUM DATA, INC. PROJECT Councilman Gilliam made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. i 258 VOLUME L RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREMENT (QUANTUM DATA, INC. PROJECT) WHEREAS, Allen G. Jorgensen and Ann C. Jorgensen (collectively the 'Borrower") wish to finance the acquisition of land and the construction and equipping of a manufacturing building in Elgin, Illinois and wish to have the City of Elgin, Illinois (the "Issuer") issue its economic development revenue bonds to finance the acquisition, construction and equipping of such a facility; and WHEREAS, a Memorandum of Agreement has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to issue its revenue bonds to finance the acquisition, construction and equipping of such a facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the Mayor of the Issuer is hereby authorized to execute, and the City Clerk of the Issuer is hereby authorized to attest a Memorandum of Agreement with the Borrower in substantially the form of such agreement appended to this Resolution as Exhibit A. Section 2. That the officers and employees of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purposes of the Memorandum of Agreement as executed and to issue not to exceed $1,500,000 of its revenue bonds upon the terms and conditions stated in such Memorandum of Agreement for the purpose of defraying the cost of acquiring, constructing and equipping the Project (as defined in the Memorandum of Agreement) and that the some is declared to be for a public purpose and a matter pertaining to the government and affairs of the Issuer, pursuant to applicable home rule authority. 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: April 22 1985 ' Adopted: April 2 , 1985 Vote: Yeas 7 Nays p Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 9 .28 OF THE ELGIN MUNICIPAL CODE TO PERMIT OPEN BURNING BY PUBLIC UTILITIES Councilman Van De Voorde made a motion, seconded by Councilwoman Moylan to adopt the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Maylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 259 Ordinance No. G33-85 AN ORDINANCE AMENDING CHAPTER 9.28 OF THE ELGIN MUNICIPAL CODE TO PERMIT OPEN BURNING BY PUBLIC UTILITIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 9.28 be and is hereby amended by amending Sec- tion 9.28.130(8) entitled "Open Fires" to read as follows: "B. The city council may, however, authorize upon specific request, controlled burning on a limited basis, for school, publicly regulated utilties and governmental institutions, provided that the council finds that such burning will pose no danger, or inconvenience to adjoining property owners and will not be detrimental to the general public health and safety of the community." Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions 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: April 22, 1985 Passed: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: LGL� � s/ Marie Yearrin Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING OPEN BURNING BY NORTHERN ILLINOIS GAS COMPANY AS PART OF A TRAINING SCHOOL Councilwoman Moylan made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. 260 VOLUME L RESOLUTION AUTHORIZING OPEN BURNING BY NORTHERN ILLINOIS GAS COMPANY AS PART OF A TRAINING SCHOOL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Section 9.28.130(8) of the Elgin Municipal Code, 1976, as amended, the City Council hereby authorizes controlled open burning by Northern Illinois Gas Company at 1800 Big Timber Road, Elgin, Illinois, as part of its training program. This authorization is granted subject to compliance with all applicable City and State laws and regulations concerning such burning and may be withdrawn by the City Council if it determines that any such violation has occurred. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1985 Adopted: April 22 , 1985 Vote: Yeas 7 Nays 0 Recorded: 1'Attest: sl Marie Yeal Marie Yearman, City Clerk VOLUME L 261 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $16 , 312 . 50 March, 1985 refuse charges Seyfarth Shaw, etc. 5 ,420 . 76 Legal services - State Labor Board meetings re Public Works Group. Hewlett-Packard Co. 5 , 916 . 00 1 year maintenance for Police PIMS computer system. Marathon Sportswear 2 ,190 . 00 600 gym bags for Fox Trot Fox Electric Supply 2 , 042 . 70 Misc. electrical supplies for Electrical Division. General Motors 1,840. 83 Misc. parts stock for buses Flxible Corporation 1,660 . 00 Misc. parts stock for buses Santo Sport Store 3 ,990 . 00 105 dozen softballs Chicago, Ill. Raynard Stalter 4 , 735 . 69 Residential Rebate Program 175 Belmont St . Elizabeth Moerdick 1202 Cedar 3 ,232 . 00 Residential Rebate Program William Potts 144 Hill Avenue 2 ,597. 53 Residential Rebate Program Christine Newman 216 Mosley Street 1, 725. 78 Residential Rebate Program Martha Galvez 1, 553 . 00 Residential Rebate Program Councilman Waters made a motion, seconded by Councilwoman Moylan to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Building Permit Report for March, 1985 Water Department Report for March, 1985 Cemetery Report for March, 1985 262 VOLUME L Budget Summary dated April 9, 1985 Traffic Committee Minutes dated 3/14/85 Elgin Liquor Commission Minutes 3/11/85 Planning and Land Use Commission Minutes 1/16/85 Planning and Land Use Commission Minutes 2/25/85 Planning and Land Use Commission Minutes 3/6/85 Councilman Gilliam made a motion, seconded by Councilman Waters to place the above report on file. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, 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 to return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9 :45 p.m. `✓�. cam* � e ) ��c�K-G�/V�.� Marie Yearm n a City Clerk