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HomeMy WebLinkAboutFebuary 11, 1985 CC VOLUME L February 11 , 1985 112 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on February 11 , 1985 at 8 : 12 p.m. , in the Council Chambers of City Hall . The meeting was called to order by Mayor Verbic. The Invocation was given by Mayor Verbic and the Pledge of Allegiance was led by Councilwoman Shales. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE JANUARY 21 , 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales to approve the January 21 , 1985 Council Minutes as published. Yeas : Councimen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. MINUTES OF THE JANUARY 28, 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Schmidt to approve the January 28, 1985 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. COMMUNICATIONS Presentation by the American Legion Post #57 of Elgin Mr. John Comerer: Mr. Mayor and Council , this is Eva Frankford, President of the Ladies Auxiliary, and Alex Nowicki , Commander of Elgin Post #57. What I have here is a check for $7,000, the major projects committee of the Elgin American Legion Post #57 and its Auxiliary Unit #57, wishes to present to the City of Elgin for installation at the new baseball complex, located south of the Route 20 Bypass, the following: One flagpole, $2,000, and an official scoreboard $5,000. Mayor Verbic: I would like to thank all of the members of the American Legion for your thoughtfulness . This is not the first time that you have come forward with a donation that we so much appreciate. I would sincerely appreciate your taking back to the American Legion that we on the Council of the City of Elgin appreciate everything that the American Legion has done for the 113 VOLUME L benefit of so many in the City of Elgin. We appreciate it. Don Quillman regarding property located at 515 Highland Avenue. Mr. Quillman: At the January 28th Council Meeting the Larkin Home requested and received a special use zoning for the property located at 515 West Highland in Elgin. This evening I am representing myself and a business owned by my mother and myself, Pat' s Pickins, at 509 W. Highland, which is immediately adjacent to this property, as well as Elgin Typewriter, a business two doors to the west of 515 W. Highland. We would like to announce our intent to petition the City Council to review the special use zoning. We are making this request in order to have the opportunity to represent ourselves and express our concerns over the Larkin Home' s intended use of this property. Due to our own lack of expertise and several coincidents we missed the zoning meeting concerning the special zoning and came' to a meeting on the 14th and 1 missed the intent and the registration for the meeting on the 28th for this property. We would just like to have the opportunity to express our concerns and represent ourselves. Counsel Jentsch: The only action that you can take is to reconsider your vote of the last meeting when you passed the ordinance. There is no other action that you can take. The Council rules do permit you to reconsider at the same meeting or the next regular meeting. If you were to reconsider you would have to do it tonight. Councilman Gilliam made a motion, seconded by Councilman Schmidt for reconsideration of the Larkin Home Ordinance. Councilman Waters : 1 am going to vote against this motion, if I am not mistaken I believe Larkin Home has entered into negotiations on this property and committed themselves based upon the vote taken by the City Council , and I think to jeopardize that would put them in an extremely awkward position from the actions taken by this Council two weeks ago. Mr. Quillman: I can only say in my behalf that I would really appreciate the opportunity to express my concerns over this property. We missed the original planning meeting because, when you receive my letter you will understand hopefully a little bit more clearly. Councilman Waters: I did receive your letter and I understand the position that you are coming from and I have no objections to your wanting to come before the Council and express your point of view. My point is, this Council has taken a position, VOLUME L 114 it has voted approval and Larkin Home has taken action subsequent to that based upon the assumption that the approval has been granted. For us now to reconsider that puts them in an extremely awkward position. I think they have already made commitments based upon the commitment that the City made. Mr. Quillman: I was unable to represent myself, as was Elgin Typewriter. This is an area that has always been zoned business, since the first zoning there ever was in 1928. They currently own two properties across the street from us and during the summer we had some problems with noise and with the presence of these children. I really fear for my business and my investment, which was considerable. Had I known that this was the intent and the Larkin Home would move this quickly I certainly would not have invested the amount of money that 1 did in that property. I appreciate what you are saying about Larkin Home and I am now denying the fact that they represent an important service to the children in Elgin, but we are two businesses who will constantly interacting with the people who are right between us. Councilman Schmidt: Were you notified at all about this. Mr. Quillman: I was not. At the time --- Councilman Schmidt: Staff did .not notify you, or the Typewriter Company about this coming to the Council . Mr. Quillman: Elgin Typewriter was notified but the lady that owns it was in the hospital at the time and was unable to come to the meeting to represent herself. Councilman Waters : Don, according to your letter you were sent a letter and you acknowledged that and said that you did not have a mail box and so the letter was not delivered. Mr. Quillman: Yes, that is what I wrote in my letter. Councilman Waters : It is not a staff problem, I want to make that clear, the staff sent a letter, but the letter was not received. Mr. Quillman: That is correct. Councilman Andersen: If in fact, the rights of a third party have intervened in this we are prevented from re-considering. Counsel Jentsch: If they take the relief that you gave them pursuant to your rules, your rules allow you to reconsider. I agree that is a very equitable consideration, the fact that they relied on your action, but technically you have the right to reconsider, whether you should is a matter for your judgment. 115 VOLUME L Councilman Schmidt: Councilman Waters, are you saying that there has been a monetary payment made here because of our decision, or it is definite there was or there is going to be. Would you clarify that because it is going to effect my decision. Councilman Waters : I cannot speak for Larkin Home. My under- standing was that they were going to proceed immediately, but don' t know if there has been a closing, 1 don' t know that for certain, that was my understanding at the time the ordinance was presented to us. Councilwoman Shales: You say they already have two homes across the street. The same type of group homes. Mr. Quillman: Yes, I believe they are housing 15 kids in the two homes. Councilwoman Shales: it is unfortunate, and I feel really guilty. I feel bad now finding out and that is something I should have known, that there already were two homes in this neighborhood. I think this is one of the problems that we run into when we overload any small district with the same kind of special use. Mayor Verbic: if there are no further questions I will call for the vote for reconsideration. Yeas : Councilmen Gilliam, Schmidt and Shales. Nays : Councilmen Andersen, Hansen, Waters and Mayor Verbic. �I Mark Herzog representing Gifford Park Association. On behalf of Gifford Park Association I would like to express our appreciation for the Council ' s support in a lot of our projects . Recently we got our major signs for the Historic District, this was a proposal that we proposed in 1979 and 1980, it was our first proposal and it took a long time to get it. It was the Council ' s decision to give us some money to finance signs which forced us then to determine the District, to go on to establish National Register, basically a lot of the goals of Gifford Park Association were formed immediately after this project was supported by the Council . This is the final achievement of our very early goals and I just wanted to say thank you and let you see one of the signs. Mayor Verbic: They are very attractive signs and I feel they will do a lot for the area. Mark Herzog: I would like to thank Charles Burnidge who drew all the specs for nothing for us, it was something we could not have done ourselves. VOLUME L 116 BIDS REJECTED FOR POLICE SQUAD CARS Councilman Gilliam made a motion, seconded by Councilman Andersen to reject all bids received for police squad cars. Yeas : Council- men Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. BID TABLED FOR COPY MACHINE FOR ENGINEERING Councilman Waters made a motion, seconded by Councilman Hansen to table the bids for a copy machine for the Engineering Department. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. PETITION 2-85 REQUESTING AN AMENDMENT TO CHAPTER 19.34.020 OF THE ELGIN MUNICIPAL CODE BY ADDING "POULTRY PROCESSING EXCLUDING SLAUGHTERING AND DRESSING" TO THE B-4 GENERAL SERVICE DISTRICT PERMITTED USE LIST BY GRIFFITH ENTERPRISES WITH THE PLANNING DEPARTMENT ----- APPROVED Roger Dahlstrom: I would like to remind the Council that being a text amendment the petition does not involve any specific property, although Mr. Griffith is interested in specific property, but would effect all of the B-4 Business Service Districts in the City of Elgin. At its regular meeting of January 16, 1985, the Planning Committee recommended approval of Petition 2-85 by a vote of 4 yes, 1 no, and 1 abstention. Mr. Griffith: I don' t know what I can tell you about the block other than we plan on filling it with more businesses to benefit downtown Elgin. Most of the businesses that we are incorporating in there are businesses that will bring in more employment also and they are taking them from other parts of Chicago. One is the poultry processing which is moving from Dundee. Another one is International Cheeses which is out of Wisconsin, Barclay Quality Products, which manufactures molasses, and they will be coming out of Schaumburg. We just want to fill this place with small businesses, it is to bring in more work and more employ- ment into Elgin. Councilman Schmidt: With the businesses that you will be bringing and with the Council making that a two-way street are we going to have problems again with semi -trucks trying to ingress and egress out of that property. Mr. Griffith: I don' t believe as frequent as it was when it was Ludwig Dairy because these particular companies don' t do that frenquently transportation. There is more time involved in processing and manufacturing of their product than there is in delivering it. 117 VOLUME L Councilman Schmidt: Is there any type of odor connected with any of these businesses that will be coming in there. Mr. Griffith: No Sir. Councilman Schmidt: Personally, I had high hopes of seeing this area developed someday like the South Grove area, because I think that is going to be our next blight area. Councilwoman Shales made a motion, seconded by Councilman Andersen to approve Petition 2-85. Yeas : Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays : Councilman Schmidt. PETITION 8-85 REQUESTING A REZONING FROM B-3 SERVICE BUSINESS DISTRICT TO B-4 GENERAL SERVICE, DISTRICT, PROPERTY LOCATED ON KIMBALL STREET, NORTH SPRING STREET NORTH STREET AND DOUGLAS AVENUE BY THE PLANNING DEPARTMENT --- APPROVED Roger Dahlstrom: The recent closing of the Ludwig Dairy process plant has left many structures in this block vacant. The layout and design of these structures could facilitate their reuse with heavier commercial or light industrial uses as permitted in the B-4 district. The property is designated commercial / industrial on the central business district land use plan. At its regular meeting of February 4, 1985, the Land Use Committee recommended approval of Petition 8-85 by a vote of 4 yes, 0 no and 1 abstention. Councilman Gilliam made a motion, seconded by Councilman Waters to approve Petition 8-85. Yeas : Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays : Councilman Schmidt. ORDINANCE PASSED REQUIRING AFFIRMATIVE ACTION, ON MUNICIPAL CONTRACTS Councilwoman Shales : Dennis McCarthy from the Contractors Association called me and commended the Commission for they feel that this is a very good ordinance. He had one suggestion and I would like to pass that along. Under E which is about the third page he would like us to add after may -- the City of Elgin, in its discretion, may after proper notice and hearing before full City Council . Counsel Jentsch: The hearing is before the Human Relations Commission. Councilwoman Shales: There is no hearing before the City Council . VOLUME L 118 Counsel Jentsch: The hearing is before the Human Relations Commission. They make a recommendation to the Council , you review it an take what action, if any, that you wish. Councilman Waters : Erv, wouldn' t you assume that would follow the same process as the Land Use Commission. There would be a public hearing before that body and they would present a recommendation to us. Counsel Jentsch: That is where the evidence would be heard, the witnesses would be sworn, then they would make their recommendation and it would be up to you. Councilwoman Shales: What kind of a notice is given. Counsel Jentsch: I don' t have the ordinance in front of me but there is a notice requirement. Councilwoman Shales : He may not have understood that, I think he felt there was no due process. Counsel Jentsch: The decision as to what to do is yours, but the hearing as to whether there has been compliance is before the Human Relations Commission. Councilman Hansen: The Human Relations Commission would only be empowered to recommend, they would not be empowered to impose anything. Counsel Jentsch: That' s correct. Councilman Andersen: It is my opinion that there are enough anti-discrimination laws on the books already. In view of the fact that one of the major departments in our city government here is totally lily white today, I could not in good conscious ask for an ordinance requiring affirmative action on other contracts when one of our own major departments does not practice it. Councilman Waters made a motion, seconed by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Shales, and Waters. Nays: Councilman Andersen and Mayor Verbic. 119 VOLUME L Ordinance No. G8-85 AN ORDINANCE REQUIRING AFFIRMATIVE ACTION ON MUNICIPAL CONTRACTS WHEREAS, the City of Elgin is a home rule unit within the meaning of Article VII of the Constitution of Illinois 1970, and is authorized to perform any function and exer- cise any power pertaining to its government and affairs; and WHEREAS, the prevention of discrimination and enhancement of minority employ- ment opportunities on contracts of the City of Elgin is a matter pertaining to its govern- ment and affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS in the exercise of its home rule powers: Section 1. That Chapter 3.12 entitled "Commission on Human Relations" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Sub- section (F) of Section 3.12.090 to read as follows: 3.12.090(F) Investigation and complaint procedure The commission shall use its full powers to determine the facts and such findings must be supported by a majority vote of the commission. After a hearing where the commission finds by a preponderance of the evidence that violation of this chapter has been committed, and after the respondent has failed to comply with the decision of the commission, the chairman of the commission shall transmit a written copy of the findings, decisions and recommendations of the commission to the Mayor and City Council. In the event the commission recommends the institution of legal proceedings or other action against a respondent determined by the commission to be in violation of any provision of this chapter, the City Council shall, within 45 days of receipt of such recommendation, either refer the matter to the City Manager for appropriate proceedings or remand the matter back to the commission for clarification, reconsidera- tion, or other appropriate action. Section 2. That Section 3.12.100 entitled "Affirmative Action--City Contracts" is hereby added to the Elgin Municipal Code, 1976, as amended, and shall read as follows: 3.12.100 Affirmative action--City contracts A. The City shall not contract in an amount exceeding ten thousand dollars with any contractor or vendor, maintain any financial relation with any financial institution, or use the services of any labor organization or member thereof, which employs fifteen or more persons, which does not first submit to the City a written commitment to provide equal employment opportunity. However when a contract, vendor, financial institution, labor organization or member thereof is the sole source of the particular work product or service desired by the City of Elgin and such work, product or service is essential for the efficient VOLUME L 120 governmental operations of the City of Elgin such written commitment shall not be required. The written commitment required by this section shall: I. Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal oppor- tunity. 2. Set out specific goals for participation by minority groups and female persons qualified by or for training or through previous work experience. This provision will not infringe upon the right of the employer to determine the need for or qualifications of emp loyees. 3. Agree to submit to the City upon request written evidence of the effectiveness of the above required practices, policies and goals. 4. Agree to submit to the City upon request statistical data concerning employee composition or membership composition on race, color, sex and job description. 5. Agree to distribute copies of the above commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants or members. 6. Agree to require any subcontractor to submit to the City a written comitment which contains the provisions required by paragraphs (1) through (5) above. 7. The written commitment required by this section may also be satisfied by filing a copy of an affirmative action program of the contractor/vendor which is in effect and which has been approved by any local, state or federal agency with jurisdiction to approve such programs. B. All such contracts by and between the City of Elgin and contractors and vendors for the purchase by the City of Elgin of goods and/or services shall contain the following clauses: "The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age, or physical handicap which would not interfere with the efficient performance of the job in question. The contractor/vendor will take affirmative action to comply with the provisions of this ordinance and will require any subcontractor to submit to the City of Elgin a written commitment to comply with those provisions. The contractor/vendor will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, members or prospective subcontractors." 121 VOLUME L "The contractor/vendor agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incor- porated by reference, as if set out verbatim." C. Any contractor, vendor, financial institution or labor organiza- tion contracting with the City of Elgin will be required to submit to the City, upon written request by the City, compliance reports containing such information as to the practices, policies, programs and statistics of employee or membership composition on race, color, sex, age and job description, as may be prescribed by the City and will require any sub- contractor to submit a compliance report upon written request by the City. The required compliance report shall be substantially in the form attached hereto as Exhibit A. D. Before a contract is let to a contractor or financial institution within the City of Elgin, or before purchases are made from a vendor, the Purchasing Agent or City Clerk must have on file a written statement from the Human Relations Coordinator that the contractor, vendor, or financial institution has a present or proposed program which is approved as an acceptable equal employment opportunity or affirmative action plan for the utilization of minorities in their work force. Neither this section, nor any other section of this chapter, shall be construed to prevent the City Manager or department heads from authorizing or doing business with contractors or vendors for emergency services or supplies. E. In the event that any contractor, vendor, financial institution or labor organization contracting with the City of Elgin fails to comply with the fair employment and affirmative action provisions of this ordinance, the City of Elgin, in its discretion, may: 1. Cancel, terminate or suspend the contract in whole or in part. 2. Declare the contractor, vendor, financial institution or labor organization ineligible for further contracts for a calendar year. 3. Recover from the contractor or vendor by set-off against the unpaid portion of the contract price, or otherwise pursuant to this contract, the sum of fifty dollars ($50.00) per day, as liquidated damages and not as a penalty, for each day that the contractor or vendor shall fail to comply with these provisions of the contract, as determined by the City Council after recommendation by the Human Relations Commission in accordance with its rules, the said sum being fixed and agreed upon by and between the contractor and the City because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the City would sustain in the event of such a breach of contract, and said amount is agreed to be the amount of damages which the City would sustain. VOLUME L 122 4. Impose such other sanctions as may be recommended by the Human Relations Commission pursuant to this or other ordinances. Section 3. That not later than January 31, 1986 the City Manager shall submit a written report to the Mayor and members of the City Council concerning the effect of the ordinance in the prevention of discrimination and enhancement of minority employ- ment opportunities on contracts of the City of Elgin and upon efficient governmental operations of the City of Elgin. Section 4. That all ordinances or parts of ordinances in conflict with this ordi- nance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1985 Passed: February 1 1 , 1985 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: 0"0_ � s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN INSTITUTIONAL DAY CARE CENTER Councilman Waters made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 1 �3 VOLUME L Ordinance No. G14-85 AN ORDINANCE GRANTING A SPECIAL USE FOR AN INSTITUTIONAL DAY CARE CENTER WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of an institutional day care center at 1735 West Highland Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recom- mendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an institutional day care center at 1735 West Highland Avenue, Elgin, Illinois, legally described as follows: That part of the Northwest quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northwest quarter; thence East along the North line of said Northwest quarter 437.58 feet; thence South parallel with the West line of said Northwest quarter 991.72 feet to the center line of Highland Avenue Road for the point of beginning; thence South parallel with the West line of said Northwest quarter, 781.7 feet to a point 1773.42 feet South of (measured along said parallel line) the North line of said Northwest quarter; thence West parallel with the South line of said Northwest quarter 437.58 feet to the West line of said Northwest quarter; thence North along said West line 872.8 feet to the center line of said Highland Avenue Road; thence Southeasterly along said center line 445.09 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. be and is hereby granted. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. S/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME L 124 Presented: February 11 , 1985 Passed: February 11 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE FEES FOR ELEVATOR INSPECTIONS Councilman Gilliam made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 125 VOLUME L Ordinance No. GIS-85 AN ORDINANCE AMENDING THE FEES FOR ELEVATOR INSPECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 16.48.0308 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 16.48.030 Miscellaneous construction B. Elevators Basic fee $ 5.00 Plus Per M or fraction valuation to 30 M 3.00 Plus Per M or fraction valuation to ZOOM 2.00 Plus Per M or fraction valuation to I OOOM 1.50 Plus Plan check Each inspection 30.00 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by by. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 1 1,1985 Passed: February 1 1 , 1985 Vote: Yeas 7 Nays O Recorded: Published: Attest: Uck—,7 , a l s/ Marie Yeakatn Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF THOMPSON ELEVATOR INSPECTION SERVICE , INC . FOR ELEVATOR INSPECTION SERVICES Councilman Gilliam made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. VOLUME L 126 RESOLUTION ACCEPTING THE PROPOSAL OF THOMPSON ELEVATOR INSPECTION SERVICE, INC. FOR ELEVATOR INSPECTION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Thompson Elevator Inspection Service, Inc. for elevator inspection services, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1985 Adopted: February 1 1 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: "Ct. s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED. ACCEPTING THE PROPOSAL OF SPEER FINANCIAL, INC . FOR TAX INCREMENT FINANCING CONSULTING SERVICES Councilman Hansen: Will the staff refresh my memory and tell us who is to bear the cost of these services. Mr. Malm: The fees have been included as part of any TIF expenditure or district, which will ultimately be paid by the developer of the property. Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 127 VOLUME L RESOLUTION ACCEPTING THE PROPOSAL OF SPEER FINANCIAL, INC. FOR TAX INCREMENT FINANCING CONSULTING SERVICES BE IT-RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Speer Financial, Inc. for tax increment financing consulting services, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February II 1985 Adopted: February 1 , 1985 Vote: Yeas 7 Nays 0 Recorded: �AtQtest: UCL 91 0 C? s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF FOREST HEALTH SYSTEMS/LOVELLTON TREATMENT CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM Councilwoman Shales made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. I VOLUME L 128 RESOLUTION ACCEPTING THE PROPOSAL OF FOREST HEALTH SYSTEMS/LOVELLTON TREATMENT CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM 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 Forest Health Systems/Lovellton Treatment Center for an employee assistance program, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1985 Adopted: February 11 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: J s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 129 VOLUME L RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY WHEREAS, the City of Elgin, a municipal corporation, is the owner of the following described real property: Lot 368 in Lord's Park Manor Unit 10, being a subdivision of part of Lot 2 of the Circuit Court Partition of part of Section 6 and Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois. Lot 369 in Lord's Park Manor Unit 10, being a subdivision of part of Lot 2 of the Circuit Court Partition of part of Section 6 and Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois. Lot 370 in Lord's Park Manor Unit 10, being a subdivision of part of Lot 2 of the Circuit Court Partition of part of Section 6 and Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois. Lot 371 in Lord's Park Manor Unit 10, being a subdivision of part of Lot 2 of the Circuit Court Partition of part of Section 6 and Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois. which property is generally located at 1083 Hiawatha Drive, 1097 Hiawatha Drive, 1098 Iroquois Drive and 1084 Iroquois Drive , Elgin, Cook County, Illinois. Lot 9 in Block 9 of Grandview Addition to Elgin, in the City of Elgin, Kane County, Illinois. which property is commonly known as Fire Station #3 and located at 820 Dundee Avenue, Elgin, Kane County, Illinois. WHEREAS, the City Council hereby determines that it is no longer necessary, appropriate or in the best interest of the City of Elgin that it retain title to said real estate and that said real estate is not required for the use of or profitable to the City of Elgin; and WHEREAS, Section 1 1-76-2 of the Illinois Municipal Code authorizes the corporate authorities of a city to sell real property which is no longer necessary or useful to the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Clerk be and is hereby authorized and directed to cause a notice of the proposed sale of the above described property to be published in the Daily Courier-News for three (3) consecutive weeks. Said notice shall be in substantially the following form: VOLUME L 130 "NOTICE OF SALE OF PROPERTY OWNED BY THE CITY OF ELGIN AND INVITATION TO BID THEREON Please take notice that the City Council of the City of Elgin will receive sealed bids for the purchase, under the successful bid, of the fee simple interest in the following described real property: Lot 368 in Lord's Park Manor Unit 10, being a subdivi- sion of part of Lot 2 of the Circuit Court Partition of part of Section 6 and Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois. Lot 369 in Lord's Park Manor Unit 10, being a subdivi- sion of part of Lot 2 of the Circuit Court Partition of part of Section 6 and Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois. Lot 370 in Lord's Park Manor Unit 10, being a subdivi- sion of part of Lot 2 of the Circuit Court Partition of part of Section 6 and Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois. Lot 371 in Lord's Park Manor Unit 10, being a subdivi- sion of part of Lot 2 of the Circuit Court Partition of part of Section 6 and Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois. which property is generally located at 1083 Hiawatha Drive, 1097 Hiawatha Drive, 1098 Iroquois Drive and 1084 Iroquois Drive , Elgin, Cook County, Illinois. Lot 9 in Block 9 of Grandview Addition to Elgin, in the City of Elgin, Kane County, Illinois. which property is commonly known as Fire Station #3 and located at 820 Dundee Avenue, Elgin, Kane County, Illinois. Bids for the purchase of the aforesaid interest in the above described property are hereby invited and will be received by the City Clerk at the Municipal Building, 150 Dexter Court, Elgin, Illinois 60120 between the hours of 8:00 a.m, and 5:00 p.m. until 5:00 p.m. on the date specified below for the opening of bids. Said proposal shall be addressed to: City Council, City of Elgin c/o City Clerk 150 Dexter Court Elgin, IL 60120 and shall bear the legend 'PROPOSAL-SALE OF SURPLUS PROPERTY' and the name and address of the bidder. 131 VOLUME L All bids received will be publicly opened and read aloud at the regular meeting of the City Council of the City of Elgin at 8:00 p.m. on March 25, 1985 No bid less than $17,500 per lot for Lots 368-371 and no bid less than $30,000 for Fire Station #3 shall be accepted. A contract may be awarded to the highest bidder whose bid is found to be in the best interest of the City of Elgin. The City Council reserves the right to reject any and all bids and to waive any informalities or irregu- larities in the bidding. The City Council further reserves the right to review and study any and all bids and to make a contract awarded within thirty (30) days after the bids have been opened and publicly read. Copies of the bidding document may be obtained at the Office of the City Clerk. s/ Marie Yearman City Clerk s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1985 Adopted: February 11 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year n Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN( LUTHERAN CHURCH OF OUR SAVIOR Councilman Gilliam made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. VOLUME L 132 Ordinance No. S2-85 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Lutheran Church of Our Savior) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the territories and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: Parcel 1: That part of the South 1/2 of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the North East corner of Lord's Park, being also the North West corner of the East 1/2 of the North West 1/4 of Section 18, Township 41 North, Range 9; thence North 88 degrees 38 minutes East 916.73 feet for the place of beginning; thence North 02 degrees 45 minutes East 517.88 feet to the Southerly right of way of State Route 58; thence South 88 degrees 49 minutes East along said right of way line, 190.0 feet; thence South 02 degrees 45 minutes West 510.41 feet to North Line of Parkwood, Unit No. I according to the Plat recorded as Document 21330815; thence South 88 degrees 38 minutes West along said North Line 190.39 feet to the place of beginning in Cook County, Illinois. Parce 12: That part of the South 1/2 of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the North East corner of Lord's Park, being also the North West corner of the East 1/2 of the North West 1/4 of Section 18, Township 41 North, Range 9; thence North 88 degrees 38 minutes East i 133 VOLUME L 916.73 feet for the place of beginning; thence North 2 degrees 45 minutes East 517.88 feet to the Southerly right of way of State Route 58; thence North 88 degrees 49 minutes West along said right of way line 224.17 feet to the Easterly right of way line of Waverly Drive as dedicated by Docu- ment' No. 21330211; thence South 2 degrees 45 minutes West 527.28 feet along said Easterly right of way line to the North line of Parkwood Unit No. I according to the Plat recorded as Document 21330815; thence North 88 degrees 38 minutes East along said North line 224.66 feet to the point of beginning in Cook County, Illinois. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Cook County, Illinois. Section 3. That this ordinance shall be in full force and effect from and after is passage as provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1985 Passed: February 11 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: S/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A CHURCH LUTHERN CHURCH OF OUR S VIOR) Councilman Schmidt made a motion seconded b Councilman d y C Andersen to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. I VOLUME L 134 Ordinance No. G16-85 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A CHURCH (Lutheran Church of Our Savior) WHEREAS, the territory herein described has been annexed to the City of Elgin pursuant to the terms of an annexation agreement between the City of Elgin and the owners of record of said territory; and WHEREAS, the annexation agreement concerning said territory provides that the City of Elgin shall proceed to classify the territory in accordance with its terms; and WHEREAS, all required public hearings have been conducted and all notices required to be given by law have been given; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the some is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the B-3 Service Business District, the following described property: Parcel 1: That part of the South 1/2 of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the North East corner of Lord's Park, being also the North West corner of the East 1/2 of the North West 1/4 of Section 18, Township 41 North, Range 9; thence North 88 degrees 38 minutes East 916.73 feet for the place of beginning; thence North 02 degrees 45 minutes East 517.88 feet to the Southerly right of way of State Route 58; thence South 88 degrees 49 minutes East along said right of way line, 190.0 feet; thence South 02 degrees 45 minutes West 510.41 feet to North Line of Parkwood, Unit No. I according to the Plat recorded as Document 21330815; thence South 88 degrees 38 minutes West along said North Line 190.39 feet to the place of beginning in Cook County, Illinois. Parcel 2: That part of the South 1/2 of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: 135 VOLUME L Commencing at the North East corner of Lord's Park, being also the North West corner of the East 1/2 of the North West 1/4 of Section 18, Township 41 North, Range 9; thence North 88 degrees 38 minutes East 916.73 feet for the place of beginning; thence North 2 degrees 45 minutes East -517.88 feet to the Southerly right of way of State Route 58; thence North 88 degrees 49 minutes West along said right of way line 224.17 feet to the Easterly right of way line of Waverly Drive as dedicated by Docu- ment No. 21330211; thence South 2 degrees 45 minutes West 527.28 feet along said Easterly right of way line to the North line of Parkwood Unit No. I according to the Plat recorded as Document 21330815; thence North 88 degrees 38 minutes East along said North line 224.66 feet to the point of beginning in Cook County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee and a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Section 3. That a special use permit for the development and use of the subject property as a church is hereby granted subject to the terms and conditions of the agree- ment for the annexation of the property described by and between the City of Elgin and the owners of record, a copy of which has been filed with the City Clerk. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1985 Passed: February 1 1 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk VOLUME L 136 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS, Gromer Supermarket $ 1515.00 Christmas Gift Certificates CCADA $2800.88 DUI Grant Program U.S . Conference of Mayors $2000.00 Membership Dues for 1985 Government Personnel Consultants. $8400.00 Testing of 70 Firefighter candidates . Councilman Gilliam made a motion, seconded by Councilman Waters to approve the above payments. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report Parking Lot Revenue 1 /1 /84 through 12/31 /84 Elgin Economic Commission Minutes 1 /25/85 Public Works Report for December, 1984 Hemmens Report for October, 1984 Greater Downtown Elgin Commission Minutes Human Relations Commission Minutes Budget Summary dated January 21 , 1985 Councilman Gilliam made a motion, seconded by Councilman Andersen to place the above reports on file. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. RECOGNIZE PERSONS PRESENT Tom Turner, 319 Washburn: I just want to make a comment about Don Quillman' s place, I don' t know if you guys have seen it, but him and his mom have renovated the building and it is beautiful . It is the kind of stuff that we should encourage in Elgin and bring it in as much as we can. He was not asking you guys to change a decision that you already made, just reconsider it. He just wanted you to take a good look at what you have already done. You guys voted it down and I think you should have at least given it another look. These kids who are moving in next door may jeopardize his business and we should be encouraging new businesses in Elgin. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. 137 VOLUME L . ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Hansen to adjourn the Council Meeting to go into the Committee of the Whole Meeting. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. The meeting was adjourned at 9:00 p.m. Marie Yearman k City Clerk