HomeMy WebLinkAboutAugust 12, 1985 CC Volume L August 12 , 1985 587
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
A regular meeting of the Council of the City of Elgin, Illinois
was held on August 12 , 1985 at 8:20 p.m. , in the Council Chambers
of City Hall. The meeting was called to order by Mayor Verbic.
The Invocation was given by Mayor Verbic, and the Pledge of
Allegiance was led by Mike Bailey of the Daily Courier News.
ROLL CALL
Roll call was answered by Councilmen Andersen, Moylan, Shales,
Van De Voorde, Waters and Mayor Verbic. Absent : Councilman
Gilliam.
MINUTES OF THE JULY 22 , 1985
COUNCIL MEETING APPROVED AS
PUBLISHED
Councilman Waters made a motion, seconded by Councilman Van
De Voorde to approve the July 22 , 1985 Council Minutes as
published. Yeas: Councilmen Andersen, Moylan, Shales, Van
De Voorde, Waters and Mayor Verbic. Nays: None.
COMMUNICATIONS
Presentation of the Joseph McKenna Award to Elgin Firefighter/Paramedic
Michael Seegert .
Deputy Chief Gary Conner: Mayor and Members of the Council
I would like to thank you on behalf of the Fire Chief and
the Fire Department for recognizing one of our fine young
firefighters. I would like to ask JoAnn Foley to step forward,
she will conduct the presentation. JoAnn is our MIC Nurse
Coordinator for the Greater Elgin Area MIC Program. She is
the lady that is responsible for conducting, or coordinating
the classes in the system here. The lady next to her is Kathleen
Shea, she is JoAnn' s Assistant . I might just say that the
class that she has just finished up with passed with 1000
on a State Paramedic Certification exam, which is phenomenal.
JoAnn Foley: I have been asked to join you on behalf of our
project medical director, Dr. Mark Gibson, who is out of town,
The Joseph McKenna Award was established in 1980 to honor
the paramedic student who has the highest academic achievement
in the course. When we started this whole program back in
1974 we had 150 hours of training for paramedics and we are
now up to 420 hours. The students take a test every week
and during the eight months of the course they are challenged
with over 1425 questions to answer. From that comes their
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grade average, which is what Mike excelled at tremendously.
The course also consists of 118 clinical hours and then they
take State examinations for certification.
This year this City of Elgin really excelled with their candidates
in the paramedic class. Four of the students graduated with
honors, which is over 90% . Those individuals are not all
with us tonight , but I would like to recognize them, they
are Richard Gross, Robert Lucas, James Swanson, and of course
Mike Seegert .
Mike Seegert : I would just like to thank the Council for
this recognition and point out that it speaks well for the
future of Elgin and the service that we can provide to the
citizens.
Mayor Verbic: I am sure that all of us are very proud of
your accomplishments This is just the beginning of something
great for you and I join with the Council and Administrative
Staff in extending our best wishes for a good, long, solid
career.
Presentation of Resolution of Appreciation and Commendation
to Susan Moylan for her service as a member of the Planning
and Land Use Commission.
Mayor Verbic: Whereas Susan Moylan served as a member of
the Planning Committee in the City of Elgin from August , 1981
to July, 1985, and
Whereas Susan Moylan has served with distinction and dedication
during her term of office and has made a significant contribution
to the residents of the City of Elgin.
Now, Therefore, Be It Resolved, by the Planning and Land Use
Commission members of the City of Elgin, that the Commission
Members hereby express their appreciation on behalf of the
citizens of Elgin to Susan Moylan for her service as a member
of the Planning Commission, and this is signed by Renard Jackson,
the Chairman.
Councilwoman Moylan: It was a real pleasure to work on the
Planning Commission. It weted my appetite for City service
and I appreciate all the help that the staff and my fellow
commissionors.
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BID AUTHORIZATION APPROVED FOR
PRAIRIE PATH PROJECT
Councilman Waters made a motion, seconded by Councilwoman
Moylan to concurr with the recommendation of the Forest Preserve
District of Kane County to award this bid to Illinois Hydraulics,
Inc. , in the amount of $423 , 859.00. Yeas: Councilmen Andersen
Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays:
None.
BID AWARDED FOR COPPER TUBING
FOR THE WATER DEPARTMENT
Councilwoman Shales made a motion, seconded by Councilman
Van De Voorde to award this bid to the low bidder, Milwaukee
Lead Works, for a total price of $3 , 675.00. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor
Verbic. Nays: None.
BID AWARDED FOR 1986 VEHICLE STICKERS
Councilman Waters made a motion, seconded by Councilman Van
De Voorde to award this bid to the low bidder, Rydin Sign
& Decal Company, for a total price of $1,447. 68. Yeas:
Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters
and Mayor Verbic. Nays: None.
BID AWARDED FOR 29, 900 GVW DUMP TRUCK
Councilwoman Moylan made a motion, seconded by Councilwoman
Shales to award this bid to the low bidder, Schmerler Ford,
Inc. , for a total amount of $37, 818.30. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor
Verbic. Nays: None.
BID AWARDED FOR OFFICE FURNITURE
Councilman Van De Voorde made a motion, seconded by Councilwoman
Shales to award the bid for items 1 through 3 and 12 through
15 to the low bidder, Great Pickings, for a total amount of
$2 , 666.00. Yeas: Councilmen Andersen, Moylan, Shales, Van
De Voorde, Waters and Mayor Verbic. Nays: None.
BID FOR 1738 WEST HIGHLAND AVENUE
TYLER CREEK EROSION TABLED
Jim Aydt : Mr. Mayor, there were two permits that were required
for this project and we only had one at this time. From all
indications if this could be tabled for four weeks, or the
September 9th meeting, and if awarded at that time we feel
that we would still be able to get the project done this year.
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Councilman Waters made a motion, seconded by Councilwoman
Moylan to table this bid to the Septembr 9th Council Meeting.
Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde,
Waters and Mayor Verbic. Nays: None.
PUBLIC HEARING ON PROPOSED FOURTH
AMENDMENT TO ANNEXATION AGREEMENT
BETWEEN THE CITY OF ELGIN AND
VALLEY CREEK OF ELGIN - CONTINUED
TO SEPTEMBER 9, 1985
Jim Aydt: Mr. Mayor, we had distributed a memo to the Council
at a request from the Council to prepare alternatives regarding
this project , and I will turn this over to Roger to answer
any questions you may have on this memo.
Mayor Verbic: Did you have any discussions with Valley Creek
in regard to any of these items mentioned in the memo that
was sent to us.
Roger Dahlstrom: At the request of Valley Creek we distributed
two copies of this memo to them on Friday of last week, the
same time that you received these. I have not discussed this
memorandum with any representatives of Valley Creek up to
this point .
Jerry Hoover: Who did you give it to.
Roger Dahlstrom: It was delivered to Charles Burnidge 's office.
At their request we dropped off two copies of this memorandum.
Jerry Hoover: I am not sure that Charles was in town last
week and I have not seen the memorandum.
Mayor Verbic: Contained in the Fourth Amendment that we have
have before us, and what has been discussed previously, we
said that beginning with the platting of Valley Creek Unit
II, Valley Creek agrees to pay the sum of $1, 022.66 per acre,
included in each unit of its development at the time it receives
final plat approval of each such unit until payment in full
of the unpaid portion of Valley Creek' s share, provided that
the Valley Creek' s share shall be paid in full no later than
December 31, 1989 .
Now in this new memo staff has prepared different approaches
to the Valley Creek Annexation Agreement .
Mr. Aydt: That is correct and briefly summarizing the alternatives:
Item No. 1, double extension, double payment plan, very basically
is a summary of the request from Valley Creek, which you just
indicated. No. 2 is a simple interest payment plan with an
extension of the date to December 31, 1987 , which had been
a proposal that had been submitted from the staff to Valley
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Creek some months ago, but was not favored by them. Further
possibilities that were suggested at the Council' s direction
was Item No. 3 , which is a compound interest payment and rather
than establishing an exact date for payment it is to conclude
when 75% of Valley Creek is platted, or the termination of
the original amended agreement . This way we can void any
possible great fluxations in the economy, which certainly
we have lived through over the past few years, that could
have caused us to find so little of Valley Creek developed.
Certainly five years ago that was not the projected plan.
The last option construction cost index plan is another method
using from the engineering use record, the incremental cost
of construction as an adjustment for the original contribution.
This particular index happens to be the formula that is used
for any other development that occurs in the Tyler Creek area
for which contribution to the detention facility is made.
We do rely on this engineering use record, so that is why
this particular item was presented as an optional alternative
in that the method does apply to other developers that have
come along and will come along in the future.
As you will notice for each of these options 3 or 4 we indicate
the adjusted installment payment per acre, both of which are
less than the double payment plan. Again this has the option
of payment when 750 of Valley Creek is platted.
Mayor Verbic: I was here in 1978 when the original annexation
agreement was signed and I know the work that was put into
it at that particular time. We all anticipated a ten year
development period, all of which was thrown out of whack due
to the economy and therefore it puts a large developer into
a real bind as far as the ability to anticipate what the future
was going to be.
Sixteen percent of Valley Creek has been completed at this
point , which is nothing when you stop to think that 1988 was
the date of completion of this project .
I know the argument that says that if you do something for
this you have to do something for everyone. I know what we
did for Elgin O'Hare, and the TIF Program for South Grove
Avenue , but we have to think in terms too of completion of
a project which should not be left at 16% completed. I am
willing to extend help to anyone who runs into a problem which
he does not anticipate, or for no reason of his own could
not control. Certaily they could not control the economy
and the fact that no body was building a home, or buying property
to build.
Councilman Van De Voorde: One thing that bothers me just
a little bit is the City has proceeded with its part of the
bargain in purchasing the land and it is an interesting figure
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that the amount owed to us is some $200, 000 and the amount
we owe the same families, it may be different people, is some
$200,000. I would suggest that if they are not making their
payment perhaps we could not make ours for an equal amount
of time. Then at least we could use those monies toward some
type of investment .
Mayor Verbic: Are there two different parties, one that we
are paying our part for the Tyler Creek Detention, which we
are building, or is it one of the same with Valley Creek.
As I recall it is two different groups. Am I right or wrong.
Jerry Hoover, representing Valley Creek: There are two different
ownerships. The Burnidge family that you bought this land
from to develop west of Randall, part of that family retained
a 30% interest in Valley Creek, but 70% of Valley Creek is
owned by other interests, not by the Burnidge family.
This is the first time I have seen this memo and I don't know
the legality of tabling the thing. I would like to go over
this and I would like our people to see it . I don' t like
to assume that what we have proposed is not adequate, but
we came down a couple of months ago with a simple request
to extend this payment and evidently this has developed into
more than that . I have not looked this over and if Charles
Burnidge is in town he did not call me.
Counsel Jentsch: You can continue the public hearing to another
date but you must pick a day certain otherwise you will have
to publish again.
Councilwoman Shales: Under the simple interest payment plan
the adjusted total contribution would be $305, 269. 86 , and
I would suggest that we use that figure as the new f igure
that they owe us, it would then include the simple interest ,
and that we allow them to pay that sum off at the rate of
$1, 022 .66 per acre as it is brought in. That would be less
interest than they would pay under the compound interest payment
plan, and it would be less than they would pay under the construction
cost plan, but it would still be something of a compromise.
I am not willing to lose all of the interest that we would
be gaining.
Jerry Hoover: Valley Creek has been opposed to paying interest
on donations, and they are concerned that as we pay interest
on what we are to donate here then the next thing we will
be paying interest on school sites as well as sanitary district
fees upfront , but I can take this back to Valley Creek. I
apologize for taking your time here and I guess I am having
to presume that what was presented this month is not satisfactory
to you, the amendment that our attorney drew. I guess my
VOLUME L 593
question is if I take this back am I taking three plans or
the plan that was suggested here.
Mayor Verbic: I think that you could discuss all of them
along with the plan that Mrs. Shales just presented tonight .
Since you have not had an opportunity to look over the data
that was presented to us perhaps it would be best to continue
the public hearing to September 9th.
Councilman Andersen made a motion, seconded by Councilwoman
Moylan to continue the public hearing to September 9 , 1985 .
Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde,
Waters and Mayor Verbic. Nays: None.
PUBLIC HEARING ON PROPOSED ISSUANCE OF
CITY OF ELGIN INDUSTRIAL DEVELOPMENT
BOND FOR SIGLE' S HOME AND BUILDING
CENTER, IN AN AMOUNT NOT TO EXCEED $1, 850.000
Mayor Verbic: Is there anyone in the audience who would like
to address this proposal.
(No response)
Councilman Waters made a motion, seconded by Councilwoman
Shales to close the public hearing. Yeas: Councilmen Andersen
Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays:
None.
ORDINANCE PASSED AUTHORIZING THE ISSUANCE AND SALE
BY THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND (ELGIN LUMBER
& SUPPLY INC. PROJECT) IN THE PRINCIPAL AMOUNT OF
$1, 850, 000 TO FINANCE AN INDUSTRIAL PROJECT FOR ELGIN
LUMBER & SUPPLY CO. , INC. : AUTHORIZING THE EXECUTION AND
DELIVERY BY THE CITY OF ELGIN, KANE AND COOK COUNTIES,
OF AN AGREEMENT, ASSIGNMENT AND ARBITRAGE REGULATION
AGREEMENT IN CONNECTION THEREWITH: CONFIRMING THE SALE
OF SUCH BOND TO THE PURCHASER THEREOF: AND RELATED MATTERS,
Councilman Van De Voorde made a motion, seconded by Councilwoman
Moylan to pass the aforementioned ordinance. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor
Verbic. Nays: None.
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ORDINANCE NO. S4-85
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE BY
THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND (ELGIN
LUMBER & SUPPLY CO. , INC. PROJECT) IN THE PRINCIPAL
AMOUNT OF $1,850,000 TO FINANCE AN INDUSTRIAL
PROJECT FOR ELGIN LUMBER & SUPPLY CO. , INC. ;
AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY
OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS OF AN
AGREEMENT, ASSIGNMENT AND ARBITRAGE REGULATION
AGREEMENT IN CONNECTION THEREWITH; CONFIRMING THE
SALE OF SUCH BOND TO THE PURCHASER THEREOF; AND
RELATED MATTERS.
WHEREAS, the City of Elgin, Kane and Cook Counties,
Illinois (the "Issuer" , also sometimes referred to herein as the
"City" ) a municipality duly organized and validly existing under
the Constitution and laws of the State of Illinois is a home rule
unit of government pursuant to Section 6(a) of Article VII of the
Constitution of the State of Illinois; and
WHEREAS, the Issuer is authorized by Ordinance No. S2-
80, as amended (the "Act" ) , to issue its revenue bonds to finance
the costs of industrial projects to the end that the Issuer may
be able to relieve conditions of unemployment , to maintain
existing levels of employment and to encourage the increase of
industry and commerce within the State of Illinois, thereby
reducing the evils attendant upon unemployment and provide for
the public safety, benefit and welfare of the residents of the
State of Illinois; and
WHEREAS, as a result of negotiations between the Issuer
and Elgin Lumber & Supply Co. , Inc. , an Illinois corporation ( the
"Company" ) , and in reliance upon a resolution duly adopted by the
City Council of the Issuer on June 10, 1985, and a Memorandum of
Agreement between the Issuer and the Company dated June 10, 1985,
contracts have been or will be entered into by the Company for
the planning, developing, engineering, design, building and
equipping of an approximately 37, 500 square foot Seigle' s Home
and Building Center and accompanying 9,000 square foot warehouse
(the "Project" ) , on real property owned by the Company in the
City, which Project will be of the character and will accomplish
the purposes of the Act, and the Issuer is willing to issue its
revenue bond to finance the cost of the acquisition, construction
and installation of the Project, all as set forth in the details
and provisions of the Agreement hereinafter identified; and
WHEREAS, it is estimated that the costs of the Project ,
including costs relating to the preparation and issuance of the
revenue bond, will be not less than $1,850, 000; and
VOLUME L 595
WHEREAS, the Issuer proposes to sell the revenue bond
hereinafter authorized upon a negotiated basis to American
National Bank and Trust Company of Chicago ( the "Purchaser" ) ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
Section 1. The form presented to this meeting of the
Agreement, dated as of August 1, 1985 (the "Agreement" ) , by and
among the Issuer, the Company, the Purchaser and American
National Bank and Trust Company of Chicago, as registrar ( the
"Registrar" ) , providing for the Issuer to issue its $1,850 , 000
Industrial Development Revenue Bond (Elgin Lumber & Supply Co. ,
Inc. Project) ( the "Bond" ) be, and the same is hereby authorized
and approved; and the Mayor of the City be, and he is hereby
authorized to execute the Agreement and the City Clerk of the
City be and she is hereby authorized to attest and affix the
official corporate seal of the City thereto; and each of such
officers is hereby authorized to deliver the Agreement, together
with such changes in and additions thereto as shall be approved
by the officers signing the same, including without limitation,
such changes as shall be necessary to conform to the terms of the
Bond hereinafter authorized, such approval to be conclusively
evidenced by such execution.
Section 2 . The form presented to this meeting of the
Arbitrage Regulation Agreement, dated as of August 1, 1985 ( the
"Arbitrage Regulation Agreement" ) , by and among the Issuer , the
Company and American National Bank and Trust Company of Chicago,
as Depositary (the "Depositary" ) , providing for the deposit of
the proceeds of the Bond hereinafter authorized be, and the same
is hereby authorized and approved; and the Mayor of the City be,
and he is authorized to execute the Arbitrage Regulation
Agreement and the City Clerk of the City be and she is hereby
authorized to attest and affix the official corporate seal of the
City thereto; and each of such officers is hereby authorized to
deliver the Arbitrage Regulation Agreement, together with such
changes in and additions thereto as shall be approved by the
officers signing the same, such approval to be conclusively
evidenced by such execution.
Section 3. The form presented to this meeting of the
Assignment and Security Agreement, dated as of August 1 , 1985
(the "Assignment" ) , from the Issuer to the Purchaser be, and the
same is hereby authorized and approved; and the Mayor of the City
be, and he is hereby authorized to execute the Assignment and the
City Clerk of the City be and she is hereby authorized to attest
and affix the official corporate seal of the City thereto; and
each of such officers is hereby authorized to deliver the
Assignment, together with such changes in and additions thereto
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596 VOLUME L
as shall be approved by the officers signing the same, including
without limitation such changes as shall be necessary to conform
to the terms of the Bond hereinafter authorized, such approval to
be conclusively evidenced by such execution.
Section 4. The Bond shall be payable in eighty equal
principal installments of $23,125 each on November 1, 1985, and
quarterly thereafter on the first day of each February, May,
August and November through and including August 1, 2005. The
Bond shall bear interest from its date at a rate per annum equal
to 72% of the Commercial Base Rate (as defined in the Agreement )
in effect on each principal payment date, but in no event less
than the Floor Rate, nor more than the Ceiling Rate (as each such
term is defined in the Agreement) .
Interest on overdue installments of principal and
premium, if any, and (to the extent that the payment of such
interest shall be legally enforceable) on any overdue installment
of interest on the Bond will be payable at a rate per annum 2% in
excess of the Commercial Base Rate from its due date until paid,
together with such additional amounts as may be due pursuant to
Section 1. 3 of the Agreement. Interest on the Bond shall be
calculated on the basis of a year of 360 days and actual days
elapsed. Interest on the Bond shall be due and payable in
arrears on November 1 , 1985, and quarterly thereafter on the
first day of each February, May, August and November until the
aforesaid principal amount is paid in full; provided, however,
that on August 1, 2005, the entire unpaid principal balance of
the Bond plus all interest accrued thereon shall be paid in full .
In the event of ( i) a Determination of Taxability (as
defined in the Agreement) the interest rate on the Bond shall be
increased to the Taxable Rate for the Inclusion Period (as each
such term is defined in the Agreement) , which Taxable Rate shall
not be subject to the Ceiling Rate or the Floor Rate, and ( ii )
any change in the treatment of interest on the Bond for federal
income tax purposes, to the extent described in Section 1.4 of
the Agreement, the interest rate on the Bond shall be adjusted as
described in said Section 1.4.
Section 5. The Bond is subject to prepayment in whole
or in part if the Company exercises its option to prepay its
Promissory Note ( the "Note" ) pursuant to Section 4.1 of the
Agreement.
Section 6. The Bond is subject to mandatory prepayment
in the circumstances set forth in the Agreement requiring
prepayment of the Note.
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Section 7. The issuance of the Bond, in the form and
having the content set forth in the Agreement be, and the same is
hereby authorized and approved; and the Mayor of the City and
City Clerk of the City are hereby authorized and directed to
execute the Bond, to affix the official corporate seal of the
City thereto and to deliver the same to the Purchaser upon
payment of the purchase price as provided in the Agreement.
Section 8 . The proper officials, agents and employees
of the Issuer and each of them is hereby authorized and directed
to do and perform all such acts and things and to sign all such
instruments, documents and certificates as may be necessary or
advisable or convenient and proper to carry out the intent of
this Ordinance, the Agreement, the Arbitrage Regulation Agreement
and the Assignment and the transaction contemplated thereby.
Section 9. That the provisions of this Ordinance are
hereby declared to be separable, and if any section, phrase or
provision shall, for any reason, be declared to be invalid, such
declaration shall not affect the validity of the remainder of the
sections, phrases or provisions.
Section 10. That all ordinances, resolutions, orders or
parts thereof in conflict with the provisions of this Ordinance
are, to the extent of such conflict, hereby repealed.
Section 11. That this Ordinance shall be in full force
and effect upon its approval by the City Council.
Introduced and read for the first time: August 12, 1985 .
Adopted: August 12, 1985.
Ayes: Ciiinr-ilman F Qar Andersen, Susan Movlan. Marlene Shales.
ranrga van De yoorde, Donald waters and Mavor Verbic
Nays: ninny
Absent: rniinrilman Rnhe.rt Gilliam
R/ Richard L. Verbic
Mayor
c / M.��^ja Vpar an
City Clerk
(SEAL)
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PETITION 36-85 REQUESTING A REZONING FROM
B-1 COMMUNITY BUSINESS DISTRICT TO R-4
GENERAL RESIDENT DISTRICT WITH A SPECIAL
USE FOR A COMMUNITY SERVICE FACILITY,
PROPERTY LOCATED AT 37 SOUTH GENEVA ST. ,
BY FRANKLIN CARE CENTER
Attorney Fred Steffen, representing Franklin Care Center:
The First Congrational Church, which has formed this corporation,
is spending over $500,000 on its physical plant , we hope to
be back in the sanctuary by September 15th, there will be
an elevator installed by then and so forth.
As a part of our outreach we would like to renovate what we
consider to be a significant Elgin building, historically
and architecturally, less than a block away from the church,
and that is Franklin School. You have all seen the proposals
and I will be glad to answer any questions.
Councilwoman Shales: Do you have your funding all in place
for the child care program.
Attorney Steffen: Well the church has committed itself to
$75, 000 to purchase the building and is in the fund raising
drive, we plan to raise over $750, 000 for all the projects.
I can't say we have all the funds, the church has an endowment
of $700,000 and they figure they can afford to spend about
half of that now and perhaps take a mortgage out on the present
facility and/or Franklin School whatever to complete the cost
of the renovations which are required by the State.
Councilwoman Shales: You have funding in place for the program
itself.
Attorney Steffen: No, this is all on paper and even if we
had the funds it might be a year an a half before we open
the doors because of the renovation, but this is down the
road.
Councilwoman Shales: There did not seem to be much objection
from the neighborhood.
Attorney Steffen: There is some opposition to it, there are
members of the Gifford Park Association who do not wish to
have another service center in the neighborhood, which is
understandable. There members of this Association who see
what could be a beautiful building site so there are people
on both sides. We have 230 signatures here of neighbors that
are not only tenants but landowners that will probably work
in this crisis center and be a part of it .
VOLUME L 599
Councilwoman Shales: Do I understand that you will be purchasing
that property where that store was torn down.
Attorney Steffen: It is my understanding that property could
not be built upon because it is too narrow, the Church would
like to make a park out of it and have the City participate
with some cut-street parking along Geneva Street all the way
across that lot , which I think would make some sense, to add
some additional parking and beautify that corner, make it
a nice green space for that area. Otherwise I don't know
what it could be used for. You cannot park on it because
you could only get three cars in there, so it would have to
be green, but I cannot speak to that I don't know what the
Church' s feeling is now about that particular property. I
think that if we get Franklin School it would be a natural
to buy that too and brighten up that corner.
Councilman Van De Voorde: I think that one thing that is
different with this location is that it has been in effect
a service type center, having been a school serving children
for many, many years, so it is not completely changing.
Councilman Waters made a motion, seconded by Councilman Andersen
to approve Petition 36-85 . Yeas: Councilmen Andersen, Moylan,
Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None.
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RESOLUTION ADOPTED AUTHORIZING EXECUTION
OF AN ANNEXATION AGREEMENT (APOSTOLIC
CHRISTIAN CHURCH)
Councilman Andersen made a motion, seconded by Councilman
Van De Voorde to adopt the aforementioned Resolution. Yeas:
Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters
and Mayor Verbic. Nays: None.
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RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Apostolic Christian Church)
WHEREAS, the owners of record of certain territory described in Exhibit A,
attached hereto and made a part hereof by reference, desire annexation of said territory
to the City of Elgin; and
WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any
other municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire to annex said
territory upon certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk
and a public hearing has been held after due notice as required by law and all persons
appearing and wishing to testify concerning the proposed annexation agreement have
been heard; and
WHEREAS, it is the considered opinion of the corporate authorities of the City of
Elgin that it is in the best interests of the City of Elgin to enter into said annexation
agreement as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. That the Mayor and City Clerk of the City of Elgin be and are hereby
authorized and directed to execute on behalf of the City of Elgin an annexation
agreement in the form attached hereto as Exhibit A and incorporated herein by
reference.
Section 2. That this resolution shall be effective from and after its passage as
provided by law.
sl Richard L. Verbic
Richard L. Verbic, Mayor
Presented: June 24, 1985
Adopted: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Attest:
P / Maria VParma
Marie Yearman, City &rk
VOLUME L 601
AUTHORIZATION TO SET A PUBLIC HEARING ON A
PROPOSED ANNEXATION AGREEMENT BETWEEN THE
CITY OF ELGIN AND SPRING OAKS SUBDIVISION
Councilwoman Shales made a motion, seconded by Councilman
Waters to set a Public Hearing on September 9, 1985 at
8:00 p.m. , in the Council Chambers of City Hall. Yeas:
Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters
and Mayor Verbic. Nays: None.
ORDINANCE PASSED GRANTING A SPECIAL USE
FOR A DAY CARE CENTER
Councilwoman Moylan made a motion, seconded by Councilman
Andersen to pass the aforementioned Ordinance. Yeas:
Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters
and Mayor Verbic. Nays: None.
602 VOLUME L
Ordinance No. G58-85
AN ORDINANCE
GRANTING A SPECIAL USE FOR A DAY CARE CENTER
WHEREAS, written application has been made for a special use for the establish-
ment, maintenance and operation of a day care center at 325, 331, 337 and 343 Lilac
Lane; 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 a day care center at 325, 331, 337 and 343 Lilac
Lane, Elgin, Illinois, legally described as follows:
Lots 39, 40, 41 and 42 of Town and Country Manor, being a subdivi-
sion of part of the Northwest Quarter of Section 22, 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:
I. Conformance with the site plan prepared by Schaffer-Bonavolonta
Architects, Inc., dated April 26, 1985.
2. Conformance with all other applicable city codes and ordinances,
and state statutes.
Section 3. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
y/ Richard L_ Verb i c_
Richard L. Verbic, Mayor
VOLUME L 603
Presented: August 12, 1985
Passed: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
�'-k
s/ Marie Yea an
Marie Yearman, City Clerk
ORDINANCE PASSED ESTABLISHING PROPERTY REHABILITATION
PROGRAM FOR THE DUNDEE AVENUE BUSINESS DISTRICT
Councilman Waters made a motion, seconded by Councilwoman
Shales to pass the aforementioned Ordinance. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor
Verbic. Nays: None.
604 VOLUME L
Ordinance No. G59-85
AN ORDINANCE
ESTABLISHING PROPERTY REHABILITATION PROGRAM FOR THE
DUNDEE AVENUE BUSINESS DISTRICT
WHEREAS, the City of Elgin has heretofore determined that it is necessary and
desirable to encourage the revitalization of the Dundee Avenue Business District; and
WHEREAS, there are structures which are blighted and deteriorated located in the
Dundee Avenue Business District which tend to contribute to the deterioration of the
area; and
WHEREAS, in order to revitalize the Dundee Avenue Business District, it is appro-
priate to encourage the rehabilitation of blighted and deteriorated structures in the area
by means of grants of funds for rehabilitation of such structures; and
WHEREAS, the City of Elgin is a home rule unit within the meaning of the Consti-
tution 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 Dundee Avenue Business District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. Establishment. That there is hereby established the Dundee Avenue
Property Rehabilitation Program.
Section 2. Purpose. The program provides loans at an effectively reduced
interest rate through the principal reduction technique. Such loans are available for
property improvement and building exterior rehabilitation. The basic aim of the program
is to bridge the financial gap for Dundee Avenue businesses that require improvement
loans leveraged to a slightly higher degree than standard underwriting practices allow.
This approach simultaneously precludes direct competition with private lenders while
providing an effective inducement for reinvestment.
Section 3. Eligibility. Eligibility is determined on both functional and geo-
graphical bases. Functionally, program participation is extended to new businesses and
expanding existing businesses meeting loan review criteria. Rehabilitation assistance
requires control of the property through a long term lease (15 years or more) or owner-
ship. Additionally, the applicant must be an owner-operator of a business or be an
absentee owner presently entered into a lease agreement with a business enterprise
meeting the program loan review criteria. Geographically, the program target area is
the Dundee Avenue Business District corridor as illustrated on the attached map and
described as follows:
i
VOLUME L 605
Commencing at Kimball Street and continuing north including the
following lots:
Lots 4-9 Block 3 P.J. Kimball Jr.'s 2nd Addition
Lots 1-3 Block 3 H. Rosencran's Subdivision
Easterly 140'
of Lot 2 Block 4 P.J. Kimball Jr.'s 3rd Addition
Lots 7 and 10 Block 4 P.J. Kimball Sr.'s Addition
Lots I and 2 Block 4 Welch's Heirs Subdivision
Easterly 80 feet Block 4 Sear's Subdivision
Lots 3 and 4 Block 14 P.J. Kimball Jr.'s 3rd Addition
Lots 1-4 Block 14 H. Wilcox's 2nd Addition
Lots 5 and 6 Block 14 Brown's Subdivision
Lots 1-10 Block 14 Jos. Pabst's Subdivision
Lots 1-4 Block 14 Babbitt's Subdivision
Lot I Block 26 P.J. Kimball Jr.'s 3rd Addition
Lot I Block 26 Magden's Addition
Lots 220-222Y2 Block 26 County Clerk's Subdivision
Lots 2-9 Block 26 Knott Heir's Subdivision
Lots 1, 2, 21-24 Block 26 I.S. Bartlett's Addition
Lots I and 9 Block I Prospect Addition
Lots 1-3 Block 2 Prospect Addition
Part Lot 218 Block 2 County Clerk's Subdivision
Westerly 100 feet
of Lot 6 Block 2 County Clerk's Subdivision
Westerly 100 feet
of Lot 7 Block 9 McBride Heir's 2nd Addition
Westerly 138 feet
of Lots 4-6 Block 4 McBride Heir's 2nd Addition
Lots I, 3, 5, 6, 7 Block I Lincoln's Addition
i
606 VOLUME L
Lots 1-4 Block 3 McBride Heir's 2nd Addition
Lots I, 4, 5, 8, 9 Block 9 Grandview Addition
Block I Illinois Watch Case Cols.
Block 2 Industrial Addition
Lot I I Block 17 McBride Heir's 2nd Addition
Lot I I Block 2 R.B. Maules Subdivision
Lots 6-11 Block 2 Fair Lawn Subdivision
Lots 1, 4, 5,
8, 9, 10 and
Easterly 110 feet
of Lot 7 Block I Grandview Addition
Block 12 Ludlow's Addition
Lots I I and 12 Block 13 Ludlow's Addition
Block I I Ludlow's Addition
Lots I I and 12 Block 10 Ludlow's Addition
Lots 3-10 and the
Easterly 100 feet
of Lots 1, 2 and I I Block I Botsford's Addition
Block 6 Ludlow's Addition
Lots 10-13 Block 7 Ludlow's Addition
Lots 1-5 Block 14 Riverside Park Addition
Block 5 Ludlow's Addition
Lots 12-22 Block 2 Ludlow's Addition
Lots 1-6 Block I Riverside Park Addition
Block 2 Geo. M. Ludlow's Addition
Lots 12 and 13 Block 3 Cedarside Addition
Lots 41-50 Block 3 Oak Hills
Lots 10, 11-15 Block 2 Cedarside Addition
VOLUME L 607
Lots I and 2 Block 5 Trout Park Subdivision
Lots 11-14 Block 2 Trout Park River Bluff Addition
Lots 1-4 Block 2 Trout Park Subdivision
Lots 12-14 Block 1 Trout Park River Bluff Addition
Lots I and 2 Block I Trout Park Subdivision
Section 4. Definitions.
"Financial Institution" shall be defined as any one of the firms listed
below:
Elgin Federal Savings & Loan
First Federal Financial Center
Home Federal Savings & Loan
Elgin National Bank
Elgin State Bank
The First National Bank of Elgin
Larkin Bank
Union National Bank & Trust Company
Valley Bank & Trust Company
"Servicing Lender" is defined as any officer of any of the financial institu-
tions as herein defined presenting a proposed loan package to the Loan Review
Committee for their consideration.
"Loan Review Committee" for the Dundee Avenue Business District Loan
Program shall be composed of those individuals serving as the Elgin Central Business
District Economic Development Loan Review Committee.
Section 5. Loan Review Criteria. In order to assure adequate public benefit and
continuity of the Dundee Avenue revitalization effort (DARE), some criteria for business
participation in the program are required. The following criteria are applied:
(a) Would the approval of the loan subsidy result in a viable new business locating
in the Dundee Avenue corridor, or in the expansion or retention of an existing business?
(b) Would the type of property improvements proposed enhance the aesthetics of
the corridor?
(c) Would approval of a loan subsidy locate or reinforce a marginal investment in
the path of potential large-scale redevelopment opportunities (sites) in the corridor.
(d) Is there a reasonable expectation that the loan subsidy will be repaid?
608 VOLUME L
Section 6. Duties of Loan Review Committee. The duties of the Loan Review
Committee shall be as follows:
(a) To determine the eligibility of program loan proposals.
(b) To review and analyze eligible loan proposals.
(c) To determine the consistency of loan proposals with generally accepted loan
underwriting standards.
(d) To determine the consistency of loan proposals with the objectives of the
adopted comprehensive plan.
(e) To structure and approve pp program loan packages incorporating appropriate
loan security documents including but not limited to loan security agreements and
uniform commercial code - financing statements.
Section 7. Program Operation. Once the prospective client contacts the agent
the financial institution functions in much its standard form. The servicing lender
executes a preliminary and, if warranted, a detailed credit judgment. Based upon this
credit judgment the lender may bring the loan package and the attached Loan Review
Analysis before the Loan Review Committee (LRC) with an explanation of and a recom-
mendation for an effective rate reduction. A list of Loan Review Committee members is
attached. The LRC makes a determination based upon loan review criteria and estab-
lishes the effective interest rate.
The effective reduction of the interest rate is accomplished through the principal
reduction technique. This process provides a lump sum of public funds to reduce the
overall amount of money required to an affordable level. The remainder of the loan is
repaid at market rates over a negotiated term. Following, or concurrent with, the initial
repayment term, the lump sum principal reduction amount is repaid to the City over a
negotiated term at no interest. The potential of a deferred payment term provides for a
further effective subsidy yet still allows the recapture of public funds. The public cost is
reflected in the loss of alternative uses of the funds and the loss of buying power due to
inflation.
The servicing lender must accept total risk for the initial loan and may accept or
reject any application in accordance with usual underwriting standards. It must also
accept all responsibility for processing and servicing the loan. Servicing lenders will also
be responsible for providing appropriate loan security instruments to the City on behalf
of the client. These can include but may not be limited to the following: first or second
mortgages, liens on fixed equipment, loan security agreements and uniform commercial
code - financing statements.
Section 8. Eligible Costs. Other than facade improvements eligible rehabilitation
items would be code compliance related as listed below:
Architectural and Engineering Services.
Chimney and Flues: Repair and/or replace where necessary.
Foundations: Repair or reconstruction.
VOLUME L 609
Guards and Screens: Installation and repair of guards and screens to protect
against rodents and insects.
Landscaping: On private property or public tree bank.
Loading Docks and Areas: Installation and repair where needed.
Painting-Exterior: Contractual or materials.
Parking Lots: Improvements necessary to achieve code compliance.
Roof and Drainage Pipes: Repair of structural defects and replacement of
roof and drainage pipes.
Shutters and Awnings: Repair, replacement, or addition of exterior shutters
and awnings.
Signs: Removal or repair as required.
Stairs, Porches, Railings, Exits: Repair and replacement or installation of
exterior stairs, porches, railings, and exit facilities.
Windows and Frames: Repair ore replacement as required.
Section 9. Source of Grants. Grants shall be made from such funds on hand as are
appropriated for such purposes by the City Council of the City of Elgin.
Section 10. This ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
q/ T�L. r� T. Varhi r.
Ric ar er ac, Mayor
Presented: August 12, 1985
Passed: August 12, 1985
Vote: Yeas 6 Nays 0
Recorded:
Published:
V tt st:
s/ Mares e�Yea man
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING THE LICENSE REGULATIONS FOR FOOD
SERVICE ESTABLISHMENTS
Councilwoman Moylan made a motion, seconded by Councilman Van
De Voorde to pass the aforementioned Ordinance. Yeas:
Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters
and Mayor Verbic. Nays: None.
i
610 VOLUME L
Ordinance No. G60-85
AN ORDINANCE
AMENDING THE LICENSE REGULATIONS FOR FOOD SERVICE ESTABLISHMENTS
WHEREAS, the City of Elgin has a population of more than 25,000 and is a home
rule unit within the meaning of Section B of Article 7 of the Constitution of 1970; and
WHEREAS, subject to the limitations of said section, the City of Elgin may exer-
cise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the regulation of food service establishments is within the government
and affairs of the City of Elgin; and
WHEREAS, the City of Elgin may adopt certain codes and public ordinances, by
reference, pursuant to the provisions of Division 3 of Article I of the Illinois Municipal
Code of 1961, (111. Rev. Stat., 1985, Ch. 24, Sec. 1-3-2, et seq.); and
WHEREAS, said rules and regulations have been on file in the office of the City
Clerk for more than thirty (30) days preceding the passage of this ordinance; and
WHEREAS, the City Council of the City of Elgin has determined that it is neces-
sary and desirable to adopt the 1983 Edition of Rules and Regulations Pertaining to Food
Service Sanitation as published by the State of Illinois Department of Public Health, as
amended from time to time, and as further amended herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. That Section 9.10.010 of Chapter 9.10 be and is hereby amended by
adding the following:
i
"9.10.010 License required.
A license shall not be transferrable from one person or business to
another, nor from one establishment to another at another location. A
valid license is one that is not suspended, revoked or expired."
Section 2. That Section 9.10.020 of Chapter 9.10 be and is hereby amended to
read as follows:
"9.10.020 Adoption of state regulations.
The 1983 Edition of the Food Service Sanitation Rules and Regula-
tions as published by the Illinois Department of Public Health, published in
pamphlet form, are adopted as the regulations governing the sanitation
procedures and controls for the storage, preparation and serving of food
within the city with such amendments as are hereinafter set forth in this
chapter."
VOLUME L 611
Section 3. That Section 9.10.030 of Chapter 9.10 be and is hereby amended to
read as follows:
"9.10.030 Definitions.
A. "Food service establishment" as referred to in Section 750.10 of
the Food Services Establishment Rules and Regulations shall be
expanded to include day care centers, nursing homes, retirement
centers and schools.
B. "Health officer" as used in this chapter means the Code
Enforcement Officer of the city or his designee.
C. "Service accommodation" as used in this chapter means the
seating place where one patron or customer to be served can be
seated, or in lieu of seating space two lineal feet of counter
space which may be used or occupied by one patron or customer
to be served while standing and in case of drive-in restaurants,
shall include in addition thereto each parking space for motor
vehicles provided for the accommodation of patrons or
customers.
D. "Misbranded" as used in this chapter means the presence of any
written, printed or graphic matter, upon or accompanying food
containers of food, which is false or misleading, or which violates
an applicable state or local labeling requirement."
Section 4. That Section 9.10.060 of Chapter 9.10 be and is hereby amended to
read as follows:
"9.10.060 Unwholesome food.
No food service establishment shall offer for sale, or keep for the
purpose of selling or offering for sale, any food of any kind intended for
human consumption which is unwholesome and unfit for human consumption
for any reason, or violate any rule or regulation as provided in the Retail
Food Store Sanitation Rules and Regulations as adopted in Section
9.08.020."
Section S. That Section 9.10/070 of Chapter 9.10 be and is hereby amended to
read as follows:
"9.10.070 Examination and condemnation of unwholesome or adulterated
food or drink.
Samples of food and drink may be examined or sampled by the health
officer as often as may be necessary to determine freedom from unwhole-
someness, adulteration and misbranding, and determine bacteriological
content. The health officer may order condemnation of and forbid the sale
of, or cause to be removed, destroyed or denatured, any food which is
unwholesome, adulterated or misbranded. Any food or substance which is
suspected by the health officer of being unwholesome, adulterated or
misbranded may be detained by the placing of a hold order on said food or
drink. During said time the hold order is in effect, said food or drink may
not be offered for sale, moved, or disposed of until said hold order is
released by the health officer in writing."
i
612 VOLUME L
Section 6. That Section 9.10.090(8) of Chapter 9.10 be and is hereby amended by
substituting the words "health officer" for "director of community development" in the
second sentence of said section.
Section 7. That Section 9.10.100(A) of Chapter 9.10 be and is hereby amended to
read as follows:
"9.10.100 Revocation of license.
A. For serious or repeated violations of any requirements of this
chapter, or for interference with the health officer in the
performance of his duties, the health officer may seek a hearing
before the city's board of health for the purpose of determining
whether or not the license should be revoked. Such revocation, if
ordered, shall not preclude prosecution and imposition of any
other penalties. A license may be suspended for cause under
Section 9.10.090 pending its revocation or a hearing relative
thereto."
Section 8. That Section 9.10.050(A) of Chapter 9.10 be and is hereby amended to
read as follows:
"9.10.150 New food service establishments.
A. All food service establishments which are hereafter established,
remodeled or extensively altered shall conform in such construc-
tion to the requirements of this chapter. New and replacement
equipment shall be designed for use in a food service estabish-
ment meeting the requirements of this chapter as to construction
and installation, and shall substantially conform to the standards
of the National Sanitation Foundation."
Section 9. That all ordinances or parts thereof in conflict with this ordinance be
and are hereby repealed.
Section 10. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
Rj Ric Ard r,_ `lerbic
Richard L. Verbic, Mayor
VOLUME L 613
Presented: August 12, 1985
Passed: August 12 , 1985
Vote: Yeas 6 Nays p
Recorded:
Published:
Attest:
V �Inan
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING THE LICENSING
REGULATIONS OF FOOF STORES AND FOOD
DELIVERY VEHICLES
Councilwoman Shales made a motion, seconded by Councilman Van
De Voorde to pass the aforementioned ordinance. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
614 VOLUME L
Ordinance No. G61-85
AN ORDINANCE
AMENDING THE LICENSING REGULATIONS OF FOOD STORES
AND FOOD DELIVERY VEHICLES
WHEREAS, the City of Elgin has a population of more than 25,000 and is a home
rule unit within the meaning of Section B of Article 7 of the Constitution of 1970; and
WHEREAS, subject to the limitations of said section, the City of Elgin may exer-
cise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the regulation of food stores is within the government and affairs of
the City of Elgin; and
WHEREAS, the City of Elgin may adopt certain codes and public ordinances, by
reference, pursuant to the provisions of Division 3 of Article I of the Illinois Municipal
Code of 1961, (111. Rev. Stat., 1985, Ch. 24, Sec. 1-3-2, et seq.); and
WHEREAS, said rules and regulations have been on file in the office of the City
Clerk for more than thirty (30) days preceding the passage of this ordinance; and
WHEREAS, the City Council of the City of Elgin has determined that it is neces-
sary and desirable to adopt the 1983 Edition of the Retail Food Store Sanitation Rules
and Regulations, as published by the State of Illinois Department of Public Health, as
amended from time to time, and as further amended herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 9.08.010 of Chapter 9.08 be and is hereby amended to
read as follows:
9.08.010 License required.
It is unlawful to operate a food store in the city without first having
obtained a license therefor, or without full compliance with the provisions
of this chapter. A license shall not be transferrable from one person or
business to another, nor from one establishment to another at another
location. A valid license is one that is not suspended, revoked or expired."
Section 2. That Section 9.08.020 of Chapter 9.08 be and is hereby amended to
read as follows:
"9.08.020 Adoption of state regulations.
The 1983 Edition of the Retail Food Store Sanitation Rules and Regu-
lations as published by the Illinois Department of Public Health, published
in pamphlet form, are adopted as the regulations governing the sanitation
procedures and controls for the storage, preparation and display of food
sold within the city with such amendments as are hereinafter set forth in
this chapter."
VOLUME L 615
Section 3. That Section 9.08.030 of Chapter 9.08 be and is hereby amended to
i
read as follows:
119.08.030 Definitions.
"Health Officer" as used in this chapter means the Code Enforcement
Officer of the city or his designee.
"Misbranded" as used in this chapter means the presence of any
written, printed or graphic matter, upon or accompanying food or con-
tainers of food, which is false or misleading, or which violates any appli-
cable state or local labeling requirements."
Section 4. That Section 9.08.060 of Chapter 9.08 be and is hereby amended to
read as follows:
"9.08.060 Unwholesome food--Unsanitary conditions.
No food store licensee shall offer for sale, or keep for the purpose of
selling or offering for sale, any food of any kind intended to human con-
sumption which is unwholesome and unfit for human consumption for any
reason, or violate any rule or regulation as provided in the Retail Food
Store Sanitation Rules and Regulations as adopted in Section 9.08.020."
Section 5. That Section 9.08.070 of Chapter 9.08 be and is hereby amended to
read as follows:
9.08.070 Examination and condemnation of unwholesome or adulterated
food or drink.
Samples of food and drink may be examined or sampled by the health
officer as often as may be necessary to determine freedom from unwhole-
someness, adulteration and misbranding, and determine bacteriological
content. The health officer may order condemnation of and forbid the sale
of, or cause to be removed, destroyed or denatured, any food which is
unwholesome, adulterated or misbranded. Any food or substance which is
suspected by the health officer of being unwholesome, adulterated or
misbranded may be detained by the placing of a hold order on said food or
drink. During said time the hold order is in effect, said food or drink may
not be offered for sale, moved, or disposed of until said hold order is
released by the health officer in writing."
Section 6. That Section 9.08.090B of Chapter 9.08 be and is hereby amended to
read as follows:
"9.08.090 Suspension of license.
B. The license holder and/or operator shall be given written notice
along with the inspection report, that upon service of the notice the license
is immediately suspended. A license holder may appeal an order to suspen-
sion by written request for a hearing by the board of health, filed with the
health officer who shall promptly notify the chairman of the board of
health."
616 VOLUME L
Section 7. That Section 9.08.100A of Chapter 9.08 be and is hereby amended to
read as follows:
119.08.100 Revocation of license.
A. For serious or repeated violations of any requirements of this
chapter, or for interference with the health officer in the performance of
his duties, the health officer may seek a hearing before the city's board of
health for the purpose of determining whether or not the license should be
revoked. Such revocation, if ordered, shall not preclude prosecution and
imposition of any other penalties. A license may be suspended for cause
under Section 9.08.090 pending its revocation or a hearing relative
thereto."
Section 8. That Section 9.08.150A of Chapter 9.08 be and is hereby amended to
read as follows:
9.08.150 New food stores.
A. All food stores which are hereafter constructed, remodeled or
extensively altered shall conform in such construction to the requirements
of this chapter. New and replacement equipment shall be designed for use
in food stores meeting the requirements of this chapter as to construction
and installation, and shall substantially conform to the standards of the
National Sanitation Foundation."
Section 9. That all ordinances or parts thereof in conflict with this ordinance be
and are hereby repealed.
Section 10. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
I Ri r�irrl L_ Verbic
Rard L. Verbic, Mayor
Presented: August 12, 1985
Passed: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Published:
, �
Attest:
q,Z—MAri a Ya�j L-4—
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING CHAPTER 9 .04 OF THE ELGIN MUNICIPAL
ENTITLED HEALTH AND SANITARY REGULATIONS
Councilwoman Shales made a motion, seconded by Councilwoman
Moylan to pass the aforementioned Ordinance. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
VOLUME L 617
Ordinance No. G62-85
AN ORDINANCE
AMENDING CHAPTER 9.04 OF THE ELGIN MUNICIPAL CODE,
ENTITLED HEALTH AND SANITARY REGULATIONS
WHEREAS, the City of Elgin has a population of more than 25,000 and is a home
rule unit within the meaning of Section B of Article 7 of the Constitution of 1970; and
WHEREAS, subject to the limitations of said section, the City of Elgin may exer-
cise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the regulation of the health and sanitary condition of food establish-
ments is within the government and affairs of the City of Elgin; and
WHEREAS, the City Council of the City of Elgin has determined that it is neces-
sary and desirable to amend certain provisions of the health and sanitary regulations of
Chapter 9.04 of the Elgin Municipal Code, 1976, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. That Sections 9.04.010, 9.04.020, 9.04.030 and 9.04.040 of Chapter 9.04
of the Elgin Municipal Code, 1976, as amended, be and are hereby repealed.
Section 2. That Section 9.04.010 entitled "Unwholesome Food or Drink" be and is
hereby added to Chapter 9.04 to read as follows:
9.04.010 Unwholesome food or drink.
It is unlawful to sell or offer for sale any unwholesome food or drink
of any kind in the city. Wholesome shall mean in sound condition, clean,
free from adulteration or spoilage and otherwise suitable for use as a
human food or drink."
Section 3. That Section 9.04.020 entitled "Adulterated food or drink" be and is
hereby added to Chapter 9.04 to read as follows:
9.04.020 Adulterated food or drink.
It is unlawful to sell any adulterated food or drink of any kind in the
city. Adulteration shall mean the condition of a food (a) if it bears or
contains any poisonous or deleterious substance in a quantity which may
render it injurious to health; (b) if it bears or contains any added poisonous
or deleterious substance for which no safe tolerance has been established
by regulations, or in excess of such tolerance if one has been established;
(c) if it consists in whole or in part of any filthy, putrid or decomposed
substance, or if it is otherwise unfit for human consumption; (d) if it has
been processed, prepared, packed or held under unsanitary conditions,
whereby it may have been rendered injurious to health; (e) if it is in whole
or in part the product of a diseased animal, or in an animal which has died
otherwise than by slaughter; or (f) if its container is composed in whole or
in part of any poisonous or deleterious substance which may render the
contents injurious to health."
i
618 VOLUME L
Section 4. That all ordinances or parts thereof in conflict with 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 publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: August 12, 1985
Passed: August 12 , 1985
Vote: Yeas 6 Nays p
Recorded:
Published:
Attest:
� ie Ye an
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING CHAPTER 2 . 52 ENTITLED
POLICE DEPARTMENT TO PROVIDE FOR PROBATIONARY
PERIODS
Councilman Van De Voorde made a motion, seconded by Councilman
Waters to pass the aforementioned Ordinance. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
VOLUME L 619
Ordinance No. G63-85
AN ORDINANCE
AMENDING CHAPTER 2.52 ENTITLED POLICE DEPARTMENT
TO PROVIDE FOR PROBATIONARY PERIODS
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, providing for the appointment and promotion of members of the Police
Department of the City of Elgin is a matter pertaining to its government and affairs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, as follows:
Section I. That Chapter 2.52 entitled "Police Department" of the Elgin Municipal
Code, 1976, as amended, be and is further amended by adding the following:
"2.52.175 Probationary periods--New appointees and sergeant
A. Appointees to the position of police patrolman shall be subject to
and considered on a twelve (12) month period of probation.
Provided, however, said probationary period may be extended not
more than six (6) months in the following situations:
1. When a probationary appointee is assigned to and works in an
undercover operation during the first twelve (12) months of
employment as a police officer, the probationary period
shall be extended to equal the number of days involved in
such assignment or six (6) months, whichever is less.
2. When a probationary appointee enters the United States
armed forces during the first twelve (12) months of
employment as a police officer, the probationary period
shall be extended to equal the number of days involved in
such duty or six (6) months, whichever is less.
3. When a probationary appointee is unable to perform normal
duties due to illness or non-duty related injuries for an
extended length of time during the first twelve (12) months
of employment as a police officer, the probationary period
shall be extended to equal the number of days in which the
probationary appointee was so ill or injured or six (6)
months, whichever is less.
B. Appointees to the position of sergeant shall be subject to and
considered on a twelve (12) month period of probation.
C. The Board of Fire and Police Commissioners shall establish such
rules and regulations as may be necessary to administer the
provisions of this section."
i
620 VOLUME L
Section 2. That all ordinances or parts thereof in conflict with this ordinance be
and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s( Richard L, Verbic
Richard L. Verbic, Mayor
Presented: August 12, 1985
Passed: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yea man
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING ARTICLE IV ENTITLED "THE
ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION
AND PAY PLANS" OF CHAPTER 6 OF THE CITY CODE(ORDINANCE
NO. S-569, PASSED DECEMBER 23, 1955 ) AS PERTAINS TO THE
COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY
RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN,
ILLINOIS, AS AMENDED
Councilwoman Moylan made a motion, seconded by Councilman Waters
to pass the aforementioned Ordinance. Yeas: Councilmen Andersen,
Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays:
None.
i
VOLUME L 621
Ordinance No. G64-85
AN ORDINANCE
AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINISTRATION
OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6
OF THE CITY CODE (ORDINANCE NO. S-569, PASSED DECEMBER 23, 1955)
AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF
STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN
OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED
WHEREAS, the City Council of the City of Elgin has heretofore ratified and
approved negotiated settlements reached by the City of Elgin Management Negotiation
Committee and various Employee Groups Employee Relations Committees; and
WHEREAS, the City Council of the City of Elgin has agreed to implement a new
salary plan for Clerical/Technical Group Employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That there is hereby added to and forming a part of Article IV of
Chapter 6 of the City Code (Ordinance No. S-569, passed December 23, 1955), as
amended, the following amended schedule of standard salary ranges, forming the official
salary plan which shall read as follows:
OFFICIAL CLERICALITECHNICAL IS' GROUP SALARY PLAN
Salary
R_ ange Position 1 11 111 IV V V1
34S Code Enforcement Officer 11 2023 2111 2197 2297 2387 2486
33S Rehabilitation Specialist 1983 2070 2161 2253 2348 2438
30S Code Enforcement Officer 1 1866 1937 2023 21 I 1 2197 2297
Housing Inspector
Permit Control Clerk
Sanitarian
26S Building Operations Worker 1716 1793 1866 1937 2023 21 1 1
24S Purchasing Assistant 1646 1716 1793 1866 1937 2023
21S Bailiff 1554 1620 1686 1748 1824 1900
Dispatcher/Route Inspector
19S Accounting Technician 1495 1554 1620 1686 1748 1824
18S Building Maintenance Worker 1453 1526 1583 1646 1716 1793
i
622 VOLUME L
17S I Communications Operator 1431 1495 1554 1620 1686 1748
Community Service Officer
15S Computer Operator 1367 1431 1495 1554 1620 1686
Office Utility Worker
14S Custodian 1346 1404 1453 1526 1583 1646
13S Planning Aide 1317 1367 1431 1495 1554 1620
IIS Accounting Clerk 1268 1317 1367 1431 1495 1554
Clerk Stenographer
9S Secretary 1216 1268 1317 1367 1431 1495
7S Customer Services Clerk 1 166 1216 1268 1317 1367 1431
Data Input Clerk
Parking Control Officer
5S Clerk Typist 1 120 1166 1216 1268 1317 1367
Switchboard Operator
2S Records Clerk 1057 1104 1144 1199 1237 1295
Section 2. That effective January 5, 1986, the IS' group official salary plan shall
be amended by increasing all 'S' salary ranges four percent (4%).
Section 3. That effective January 4, 1986, the 'S' group official salary plan shall
be amended by increasing all 'S' salary ranges four and one-half percent (02%).
Section 4. That all other ranges in the 'S' schedule of standard salary ranges be
and are hereby amended accordingly and that the City Manager is hereby authorized and
directed to prepare the appropriate schedules reflecting the foregoing amendments to
salary ranges of the City of Elgin.
Section 5. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance are hereby repealed.
Section 6. That this ordinance shall be in full force and effect as of January 6,
1 985.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
VOLUME L 623
Presented: August 12, 1985
Passed: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
c� MAriP an
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING ARTICLE IV. ENTITLED"THE
ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION
AND PAY PLANS" OF CHAPTER fi OF THE CITY CODE(ORDINANCE
NO. S-569, PASSED DECEMBER 23, 1955 ) AS PERTAINS TO THE
COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY
RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN,
ILLINOIS, AS AMENDED
Councilman Waters made a motion, seconded by Councilman Van
De Voorde to pass the aforementioned Ordinance. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
624 VOLUME L
Ordinance No. G65-85
AN ORDINANCE
AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINISTRATION
OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6
OF THE CITY CODE (ORDINANCE NO. S-569, PASSED DECEMBER 23, 1955)
AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF
STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN
OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED
WHEREAS, the City Council of the City of Elgin has heretofore ratified and
approved negotiated settlements reached by the City of Elgin Management Negotiation
Committee and various Employee Groups Employee Relations Committees; and
WHEREAS, the City Council of the City of Elgin has agreed to implement a new
salary plan for Transportation Group Employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. That there is hereby added to and forming a part of Article IV of
Chapter 6 of the City Code (Ordinance No. S-569, passed December 23, 1955), as
amended, the following amended schedule of standard salary ranges, forming the official
salary plan which shall read as follows:
OFFICIAL TRANSPORTATION IV' GROUP SALARY PLAN
Salary
Range Position 1 II 111 IV V VI
20V Bus Driver 1539 1631 1721 1811
Section 2. That effective January 5, 1986, the official salary plan shall be
amended as follows:
Salary
Range Position 1 II III IV V VI
i
20V Bus Driver 1628 1725 1820 1915
Section 3. That effective July 6, 1986, the official salary plan shall be amended
as follows:
Salary
Range Position 1 II III IV V VI
20V Bus Driver 1657 1756 1853 1950
VOLUME L 625
Section 4. That effective January 4, 1987, the official salary plan shall be
amended as follows:
Salary
Range Position I II III IV V VI
20V Bus Driver 1709 1810 1910 2011
Section 5. That effective July 5, 1987, the official salary plan shall be amended
as follows:
Salary
Range Position 1 II III IV V VI
20V Bus Driver 1739 1841 1943 2045
Section 6. That all other ranges in the 'V' schedule of standard salary ranges be
and are hereby amended accordingly and that the City Manager is hereby authorized and
directed to prepare the appropriate schedules reflecting the foregoing amendments to
salary ranges of the City of Elgin.
Section 7. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance are hereby repealed.
Section 8. That this ordinance shall be in full force and effect as of January 6,
1985.
cam( Rirharr] T. VPrhir
Richard L. Verbic, Mayor
Presented: August 12, 1985
Passed: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attgst:
s/ Mar�ie�Yeat'man
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING ARTICLE IV ENTITLED " THE ADOPTION
AND ADMINISTRATION OF POSITION CLASSIFICATION AND PAY PLANS"
OF CHAPTER 6 OF THE CITY CODE(ORDINANCE NO. S-569,PASSED
DECEMBER 23, 1955 ) AS PERTAINS TO THE COMPENSATION PLAN AND
TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL
SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED
Councilwoman Shales made a motion, seconded by Councilman Waters
to pass the aforementioned Ordinance. Yeas: Councilmen Andersen,
Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays:
None,
i
626 VOLUME L
Ordinance No. G 66-85
AN ORDINANCE
AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINISTRATION
OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6
OF THE CITY CODE (ORDINANCE NO. S-569, PASSED DECEMBER 23, 1955)
AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF
STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN
OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED
WHEREAS, the City Council of the City of Elgin has heretofore ratified and
approved negotiated settlements reached by the City of Elgin Management Negotiation
Committee and various Employee Groups Employee Relations Committees; and
WHEREAS, the City Council of the City of Elgin has agreed to implement a new
salary plan for Fire Group Employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That there is hereby added to and forming a part of Article IV of
Chapter 6 of the City Code (Ordinance No. S-569, passed December 23, 1955), as
amended, the following amended schedule of standard salary ranges, forming the official
salary plan which shall read as follows:
OFFICIAL FIRE 'F' GROUP SALARY PLAN
Salary
Range Position 1 II III IV V VI
39F Fire Lieutenant 2487 2597 2704
33F Firefighter (prior to 6/23/85) 1969 2043 2119 2214 2301 2403
Firefighter (after 6/23/85) 1802
Section 2. That effective January 5, 1986, the official salary plan shall be -
amended as follows:
Salary
Range Position 1 11 111 IV V VI
39F Fire Lieutenant 2586 2701 2812
33F Firefighter (prior to 6/23/85) 2125 2204 2303 2393 2499
Firefighter (after 6/23/85) 1874 1999
VOLUME L 627
Section 3. That effective January 4, 1987, the official salary plan shall be
amended as follows:
Salary
Range Position 1 11 111 1V V VI
39F Fire Lieutenant 2689 2809 2924
33F Firefighter (prior to 6/23/85) 2292 2395 2489 2599
Firefighter (after 6/23/85) 1949 2079 2209
Section 4. That effective January 4, 1987, the official salary plan can be further
amended as follows:
If the Consumer Price Index for Urban Wage Earners and Clerical
Workers in Chicago, All Items, 1967 = 100. (herein called "CPI") for the
month of November, 1986 has increased more than seven percent (7%) over
the preceding CP1 for the month of November, 1985, the salary increase
shall be five and one-half percent (%%) effective January 4, 1987 instead
of the four percent (4%) increase reflected in the salary ranges shown in
Section 3 above.
Section 5. That all other ranges in the 'F' schedule of standard salary ranges be
and are hereby amended accordingly and that the City Manager is hereby authorized and
directed to prepare the appropriate schedules reflecting the foregoing amendments to
salary ranges of the City of Elgin.
Section 6. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance are hereby repealed.
Section 7. That this ordinance shall be in full force and effect as of January 6,
1985.
/ Ri rhar� -�pY�
r ,
Richard L Verbic, Mayor
Presented: August 12, 1985
Passed: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Published:
A�Leam Marie aan
Marie Yearman, City Clerk
i
628 VOLUME L
SUPPLEMENTARY RESOLUTION ADOPTED FOR
MAINTENANCE OF STREETS AND HIGHWAYS
BY MUNICIPALITY UNDER THE ILLINOIS
HIGHWAY CODE
Councilman Waters made a motion, seconded by Councilwoman Shales
to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
RESOLUTION ADOPTED OF APPRECIATION
TO FORMER MEMBERS OF THE BOARD OF
EXAMINING STATIONARY ENGINEERS
Councilman Van De Voorde made a motion, seconded by Councilwoman
Moylan to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
VOLUME L 629
RESOLUTION
OF APPRECIATION TO FORMER MEMBERS OF THE
BOARD OF EXAMINING STATIONARY ENGINEERS
WHEREAS, William Yearman has served as a member of the Board of Examining
Stationary Engineers for a period of 7 years; and
WHEREAS, Arthur Leverenz has served as a member of the Board of Examining
Stationary Engineers for a period of 6 years; and
WHEREAS, the aforesaid William Yearman and Arthur Leverenz have devoted
unselfishly of their time and efforts on behalf of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that it hereby expresses its appreciation to William Yearman and
Arthur Leverenz for their long and dedicated service on behalf of the City of Elgin as
members of the Board of Examining Stationary Engineers.
RSc ardh Verb l
c, Mayor r
Presented: August 12, 1985
Adopted: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Attest:
G/ Mare Year an
Marie Yearman, City Clerk
RESOLUTION ADOPTED APPOINTING MEMBERS TO
THE ELGIN HERITAGE COMMISSION
Councilwoman Moylan made a motion, seconded by Councilwoman
Shales to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
630 VOLUME L
RESOLUTION
APPOINTING MEMBERS TO THE ELGIN HERITAGE COMMISSION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the following persons be and are hereby appointed as members of the Elgin Heritage
Commission for a term to expire July I, 1986.
David Campbell Heather Hunt
Richard Clossman Patricia Miller
Bruce Dahlquist Art Seyller
Mark Herzog John Walters
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: August 12, 1985
Adopted: August 12, 1985
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
RESOLUTION ADOPTED APPOINTING MEMBERS
TO THE LAND USE AND PLANNING COMMISSION
Councilwoman Shales made a motion, seconded by Councilwoman
Moylan to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
VOLUME L 631
RESOLUTION
APPOINTING MEMBERS TO THE PLANNING AND LAND USE COMMISSION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Roy Bell be and is hereby reappointed as a member of the Land Use Committee for
a term to expire July I, 1988.
BE IT FURTHER RESOLVED that Raymond F. Dalton, Jr. be and is hereby
reappointed as a member of the Planning Committee for a term to expire July I, 1988.
BE IT FURTHER RESOLVED that Renard Jackson be and is hereby reappointed as a
member of the Planning Committee for a term to expire July I, 1988.
BE IT FURTHER RESOLVED that Jack E. Petersen be and is hereby appointed as a
member of the Planning Committee for a term to expire July I, 1988.
s/ Richard L_ Verhir
Richard L. Verbic, Mayor
Presented: August 12, 1985
Adopted: August 12, 1985
Vote: Yeas 6 Nays p
Recorded:
Attest:
Marie Yearman, City Clerk
RESOLUTION ADOPTED AUTHORIZING EXECUTION
OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE COUNTY OF KANE FOR A SHALLOW AQUIFER
STUDY
Councilwoman Moylan made a motion, seconded by Councilman Van
De Voorde to adopt the aforementioned Resolution. Yeas: Councilmen
Moylan, Shales, Van De Voorde and Mayor Verbic. Nays: Councilmen
Andersen and Waters.
i
632 VOLUME L
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE COUNTY OF KANE FOR A SHALLOW AQUIFER STUDY
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 intergovernmental agreement on behalf of
the City of Elgin with the County of Kane for a shallow aquifer study, a copy of which is
attached hereto and made a part hereof by reference.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: August 12, 1985
Adopted: August 12 , 1985
Vote: Yeas 6 Nays p
Recorded:
Attest:
Marie Yearman, City Clerk
i
RESOLUTION ADOPTED ACCEPTING A PLAT OF
EASEMENT FOR THE PRUPOSE OF DETENTION
AND DRAINAGE MAINTENANCE CENTURY OAKS
AND ELGIN EVALGELICAL FREE CHURCH
Councilman Van De Voorde made a motion, seconded by Councilwoman
Moylan to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
I
I
VOLUME L 633
RESOLUTION
ACCEPTING A PLAT OF EASEMENT
FOR THE PURPOSE OF DETENTION AND DRAINAGE MAINTENANCE
CENTURY OAKS AND ELGIN EVANGELICAL FREE CHURCH
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a certain plat of easement prepared by John T. Burnidge, an
Illinois Land Surveyor, and dated June 13, 1985, for detention and drainage maintenance
purposes, for the property 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, described as follows:
Beginning at the intersection of the westerly line of the Northern Illinois
Gas Company property by deed dated February 9, 1954 and recorded in
Book 1668, Page 27, as Document No. 743751, with the center line of Big
Timber Road per dedication recorded June 17, 1947 as Document No.
583158; thence northwesterly, along said center line of Big Timber Road, a
distance of 41.87 feet to a point on a line that is 40.0 feet westerly of
(measured perpendicular thereto) and parallel with said westerly line of the
Northern Illinois Gas Company property; thence northerly, along said
parallel line, a distance of 497.54 feet; thence northwesterly, parallel with
the southwesterly line of Century Oaks West Unit No. 6, being a subdivision
of part of said fractional Section 4, a distance of 246.25 feet to a point on
a line that is perpendicular to the center line of Big Timber Road at a point
on said center line that is 435.21 feet northwesterly of (measured along
said center line) the point of beginning; thence northeasterly, along said
perpendicular line, a distance of 160.0 feet to the southwesterly line of said
Century Oaks West Unit No. 6; thence southeasterly along said south-
westerly line, a distance of 238.61 feet to the most southerly corner of Lot
341 in said Century Oaks West Unit No. 6, said corner being also a point on
the aforesaid westerly line of the Northern Illinois Gas Company property;
thence southerly, along said westerly line of the Northern Illinois Gas
Company property, a distance of 665.03 feet to the point of beginning.
Being situated in the City of Elgin, Kane County, Illinois and containing
1.42 acres more or less.
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and
directed to cause said plat of easement to be filed with the Recorder of Deeds of Kane
i
County, Illinois.
s/ Rich d L. Verbic
Richard L. erbic, Mayor
i
634 VOLUME L
Presented: August 12, 1985
Adopted: August 12 , 1985
Vote: Yeas 6 Nays p
Recorded:
Attest:
/ Marie Ye4magn
Marie Yearman, City Clerk
RESOLUTION ADOPTED URGING GOVERNOR JAMES
THOMPSON TO FUND THE PLANNING AND CONSTRUCTION
OF THE TYLER CREEK FACILITY AS APPROPRIATED IN
THE BUILD ILLINOIS PROGRAM
Councilwoman Shales made a motion, seconded by Councilwoman
Moylan to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
VOLUME L 635
RESOLUTION
URGING GOVERNOR JAMES THOMPSON TO FUND
THE PLANNING AND CONSTRUCTION OF THE TYLER CREEK FACILITY
AS APPROPRIATED IN THE BUILD ILLINOIS PROGRAM
WHEREAS, the Illinois General Assembly recently passed, and Governor James
Thompson has signed, House Bill 993 which establishes the Build Illinois Program; and
WHEREAS, HB 993 appropriated money for various public works projects in the
State of Illinois including $500,000.00 to assist in the planning and construction of the
Tyler Creek water project (Section 2.12 of HB 993); and
WHEREAS, concern has been expressed that, in order to reduce the cost of the
Build Illinois Program, Governor James Thompson may freeze selected appropriations;
and
WHEREAS, the Tyler Creek detention facility is intended to meet the needs of the
expanding population of the City of Elgin in the most economical, effective and efficient
way possible; and
WHEREAS, the Tyler Creek detention project will alleviate downstream flooding
thereby reducing property damage as well as protecting the health and safety of the
citizens of the City of Elgin; and
WHEREAS, the Tyler Creek detention project will provide a single detention
facility in lieu of many smaller facilities thereby permitting development of more
property and providing economic growth and jobs as well as the most effective, efficient
and economical water detention facility; and
WHEREAS, the Tyler Creek detention area will substantially reduce land develop-
ment costs in the Tyler Creek watershed; and
WHEREAS, the Tyler Creek watershed is located in and serves as the natural
drainage system for an area identified as an economic development, growth corridor in
adopted regional and local development plans; and
WHEREAS, the Tyler Creek detention area will result in the preservation of
aesthetically valuable and ecologically significant open space consistent with adopted
regional and local development plans; and
WHEREAS, the City of Elgin has already expended considerable amounts of money
to acquire the land u on which the facility will be located: to wit, $603,995.00 total
purchase price with $402,663.33 in principal and $72,479.40 in interest paid to date
leaving a balance of $201,331.55 in principal to be paid along with interest at the rate of
9% per annum; and
WHEREAS, the freezing of the Build Illinois appropriation for the Tyler Creek
detention project will delay construction of the facility resulting in reduced or delayed
development, loss of additional tax revenue and jobs, reduced economic growth and
increases in local taxes.
i
636 VOLUME L
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that it hereby petitions and urges Governor James Thompson, on
behalf of all current and future citizens of Elgin, to not freeze the appropriation con-
tained in Section 2.12 of House Bill 933 for the Tyler Creek detention facility, and to
fund said project as appropriated. The timely construction of the Tyler Creek facility is
necessary to assure the continued growth of Elgin, protect the local tax base, as well as
the public health and safety in the most efficient, effective and economical way possible.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: August 12, 1985
Adopted: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
�1Attest:
s/ Marie Yea an
Marie Yearman, City Clerk
RESOLUTION ADOPTED APPROVING CHANGE ORDER
NO. 2 IN THE CONTRACT WITH ALLIANCE
CONTRACTORS, INC. FOR NATIONAL STREET
STREETSCAPE, PHASE I
Councilman Waters made a motion, seconded by Councilwoman Moylan
to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
VOLUME L 637
RESOLUTION
APPROVING CHANGE ORDER NO. 2 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 I; 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 O. Maim, 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- Verb i r-
Richard L. Verbic, Mayor
Presented: August 12, 1985
Adopted: August 12 , 1985
Vote: Yeas 6 Nays p
Recorded:
Attest:
c / Maria VParm-n
-
Marie Yearman, City Clerk
RESOLUTION ADOPTED APPROVING CHANGE ORDER
NO. 2 IN THE CONTRACT WITH T a W EDMIER
CORPORATION FOR THE OTTER CREEK DETENTION
PROJECT
Councilwoman Moyland made a motion, seconded by Councilman
Waters to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
638 VOLUME L
RESOLUTION
APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH
T & W EDMIER CORPORATION FOR THE OTTER CREEK DETENTION PROJECT
WHEREAS, the City of Elgin has heretofore entered into a contract with T & W
Edmier Corporation for the Otter Creek Detention 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 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. 2, a copy of which is attached
hereto and made a part hereof by reference.
s/ Marie YearMAn
Richard L. Verbic, Mayor
Presented: August 12, 1985
Adopted: August 12, 1985
Vote: Yeas 6 Nays p
Recorded:
Attest:
—V
S M.nriP YaarmarL
Marie Yearman, City Clerk
RESOLUTION ADOPTED ACCEPTING THE PROPOSAL
OF LAYNE-WESTERN COMPANY, INC. FOR THE
REPAIR OF WELL NO. 4A PUMP
Councilman Van De Voorde made a motion, seconded by Councilwoman
Shales to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
VOLUME L 639
RESOLUTION
ACCEPTING THE PROPOSAL OF LAYNE-WESTERN COMPANY, INC.
FOR THE REPAIR OF WELL NO. 4A PUMP
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 Layne-Western Company, Inc. for
the repair of Well No. 4A Pump, a copy of which is attached hereto and made a part
hereof by reference.
s/ Richard L. Verbin
Richard L. Verbic, Mayor
Presented: August 12, 1985
Adopted: August 12 , 1985
Vote: Yeas 6 Nays p
Recorded:
��Attest:
V�
cf MariP
Marie Yearman, City Clerk
RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF ELGIN, COMPONENT
PLASTICS, INC. PROVIDING FOR ISSUANCE
OF INDUSTRIAL REVENUE BONDS - TABLED
Councilman Van De Voorde made a motion, seconded by Councilwoman
Moylan to table the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
640 VOLUME L
AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS
Valley Trucking Co. $ 2, 200 .00 Augering service under Big Timk
Road for water services.
Leach Enterprises $ 1, 662.45 Purchase of socket set and
hydraulic hose cutter
Pioneer Transmission $ 2,381.81 Rebuilt transmission for
Sanitation Truck 276
Fox Valley Fire & Safety $ 2, 034 .98 Misc. fingerprint materials
American Norit Co. $11, 749 . 78 Purchase of water chemicals
Princeton Gamma-Tech $ 1, 750.00 Repairs to lead paint analyzer
Michael A. Richardson $ 3 , 437.80 Residential Rebate Program
4 N. DuBois
Patrick Hines $ 3, 009 .17 Residential Rebate Program
624 South Street
Councilman Waters made a motion, seconded by Councilman Van
De Voorde to approve the aforementioned payments. Yeas: Councilmei
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
RESOLUTION ADOPTED AUTHORIZING EXECUTION
OF A LEASE AGREEMENT WITH THE FIRST
NATIONAL BANK OF ELGIN FOR COMPUTER
EQUIPMENT
Councilwoman Moylan made a motion, seconded by Councilman Waters
to adopt the aforementioned Resolution. Yeas: Councilmen
Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic.
Nays: None.
• VOLUME L 641
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH
THE FIRST NATIONAL BANK OF ELGIN FOR COMPUTER EQUIPMENT
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 lease agreement on behalf of the City of Elgin with The First National Bank of
Elgin for computer equipment, a copy of which is attached hereto and made a part hereof
by reference.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: August 12, 1985
Adopted: August 12 , 1985
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Marie ear an
Marie Yearman, City Clerk
I
I
I
i
642 VOLUME L
REPORTS RECEIVED AND ORDERED PLACED ON FILE
Water Departmen Report for July, 1985
Transportation Operations Report for May, 1985
Committee of the Whole Minutes for July 8th, July 22nd and
July 29, 1985 .
Park and Reclamation Commission Minutes for June 6, 1985
Elgin Metropolitan Exposition Auditorium and Office Building
Authority for May 6th and July 1, 1985 .
Land Use Committee Minutes for July 1, 1985
Human Relations Commission Minutes for June 4 , 1985
City Traffic Committee Minutes for June 28, 1985
Councilwoman Moylan made a motion, seconded by Councilman Andersen
to place the above reports on file. Yeas: Councilmen Andersen,
Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays:
None.
ANNOUNCEMENTS
Mayor Verbic made announcements relative to forthcoming meetings.
ADJOURNMENT
Councilman Van De Voorde made a motion, seconded by Councilwoman
Moylan to adjourn the Council Meeting and return to the Committee
of the Whole Meeting. Yeas: Councilmen Andersen, Moylan,
Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None.
The meeting was adjourned at 9 :20 p.m.
Marie Yearman,`,City Clerk