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HomeMy WebLinkAboutJanuary 14, 1985 CC VO4—.I ME L January 14, 1985 1 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A.reSul.ar meeting of the Council of the City of Elgin, Illinois, v� held on January 14, 1985 at 8 :40 p.m. , in the Council Charober - of City Hall . The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend James Conrod of -the Firs-'t Baptist Church of Elgin, and the Pledge of X-1-Jeg i ance was led by Councilman Andersen. ROLL CALL R-o.14 call was answered by Councilmen Andersen, Gilliam, Hansen, Sd*i,,dt, Shales, Waters and Mayor Verbic. Absent : None. A-1- D _present: Acting City Manager Robert Malm, Corporation wovnsel.. Erwin Jentsch, City Clerk Marie Yearman, and members 04-__s=taff_. MINUTES OF THE DECEMBER 17, 1984 COUNCIL MEETING APPROVED AS PUBLISHED r- i-1w%man Shales made a motion, seconded by Councilman ,And6 sen, ,to approve the December 17, 1984 Council Minutes =:.published. Yeas : Councilmen Andersen, Gilliam, Hansen, Se.-1-m4A- t__, Shales, Waters and Mayor Verbic. Nays : None. MINUTES OF THE DECEMBER 20, 1984 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman S ,i: '°tv ap-prc v -- :the December 20, 1984 Council Minutes as p ishf..O,O: Yeas-: Councilmen Andersen, G i 1 1 iam, Hansen, S , .. a, Sha_1= ,3, Waters and Mayor Verbic. Nays : None. COMMUNICATIONS °>. V ° . i i. s, mat e r B i 1 1 '.' A. _ �, :Rodne.�;�,D. Cav i tt, 23 Doug 1 as Avenue : On the first of ;: Y : ,rh�,:,-Elgin Fire Department was called out on a fire or .wl�icxl .is directly across from our mobile home park, w° t s`: V.i.,l l a . Gardens, on V i l l a and Ramona. About three to r=.. f. .atei .e -not iced large amounts of water that were " f „ .7t4i gg.rc rind.. We .cal led out the City Water Department a ti,xp capie. looked at it and they could not find out where . _ .� , .' was coming:, from. The Water Department was not willing u t- : g so we called in a service, Associated Technical S. A' ,```'y'` .-._§pending approximately $3500.00 to fix this leak we found OUT 4t the leak, in Associated Technical Services ' opinion, WWAAW 1 0 by the sudden surge of the fire hydrant being turned N ri 2 it is our position that this six i nch materma-i n, which 'i s, used directly for the fire hydrants, the break was caused bX :the sudden surge of the fire hydrant being tutrned on and in i ght also say that this has never been turneid,on prior to th'i's' date. Right now the Water Department has billed us approximately $5100.00 for the water that was used for this broken main. We are requesting that this water b i l l be' aibated. Mayor Verbic: According to the information we have here the Fire Department was out there on March 9th and the leak w'as discovered when the City crew read the meter on March 26th. How could they determine how much water the Fire Department used. ' =�' Attorney Blondin: This was based upon a memo to George �_"3" Van De Voorde from a firefighter, Frederick Summers, dated April 26, 1984. Mr. Summers was the Fire Department employee who actually was involved with the use of the meter and he based that upon the rate of flow and the amount of time that the meter was opened. " = Attorney Cavitt: I don ' t think we have any problem with the amount of water that was used by the fire hydrant, all we'`are saying is that when they opened the fire hydrant the sudden surge broke the line, which is used directly for- fire hydrants . The rest of the mobile homes use a two to three inch water line and we have never used that fire hydrant until that date, it is on a vacant part of our property as yet. Ron Zegers : We have been out to Mr. Cavitt ' s mobile home-park several times. The difficulty we have in helping them is that they have no accurate drawings of the watermains, nor the' hut- off valves within the mobile home park, which makes it very prohibitative on even locating such main break-s or whatever, and I think that also complicated the Associated Technical7, Services ' bill also. With regard to the valve opening or closure it is-- commonIyF'known in the industry as "water hammer", it can occur, =bu"t''th.e","F i re Department routinely operates valves on a routine basis and uses the necessary safety precautions. Ifrthat,�was t116"sit-uation we would have a main break after each and every f" re'w,Lth n' the City, and this is not the situation. Typically, main breaks can be caused from several` re"bhs !,.I especially in that period of time, our average numbe ,df =4riain breaks during the period of December, January and Feb rbtr:y==were about three times higher than what we normally experience, and those main breaks are normally caused by frost shifting or whatever and this is not the first time in which main breaks have occurred in Mr. Cavitt ' s mobile home park. VOLUME L 3 Mr. Malm: I believe Mr. Blondin tried to get some logs from the property owner as well as any other information to evaluate the allegations, apparently those never were received by the City. In .fact Mr. Blond:i.n did check with various members of the Fire Department in terms -of their standard operating procedures. ... �ajrieve the fire .Kydrant in question to open or close requires something like 17 turns and under those circumstances it would bip.,,remote to say .the least that a water hammer would develop. Councilman Schmidt: Mr. Cavitt you said that fire hydrant had never been opened before prior to this fire. Is that correct. ��.�-.. C a v i t : Yes. Cquncilman Schmidt: Am I lead to believe that hydrant has never been flushed. Mr. Cavitt: I would' nt know, it has never been opened by us. y_ ,-, q,qy-ncilman Schmidt: Well has the City ever flushed it out. r�.on Zegers : No, because their distribution system is a private system and any flushing that is done out there would be at their expense. � 13a:rney Cavitt: I beg your pardon sir, you came out there and -tpu opened a bunch of our hydrants at one time and we had to .come over and remind you that this was private property and that you could not do that unless you paid for the water. So don ' t tell me you were not there and you have not done this before. Ron Zegers : I am not aware of the timeframe of which you are 1,ppak i ng. € C '10-Y Cavitt: One other thing that was mentioned that you ✓ ,pave a tough time getting plans of our park, if he will look 1-into his files he wi 1 1 find they had to have a master set of of p.ur plans before we could ever build the park and they have a set just as we do. �«.rs: I believe those are construction drawings and not to construction drawings . . Cav i.tt: Those are actual engineering drawings prepared o"Y41A, :Rakow and: they were approved by the City. Dan Blondin: There was a claim made against the City in which .Department, Fire Department and my department and i e f°', `ay. .r- Department who were a 1 1 involved in trying to determine -it-I,-,?.- what happened in this particular situation. 4 VOLUME L The only thing that we know is the Water Department read the meter on March 21st and determined there was a leak at that time which had occurred prior to that time. The last reading before that had been in December of the previous year. So you had a three month gap in there during which no actual reading was done, there were estimates done in the interim. I believe one month the meter was frozen and they were unable to get there, the second month February, the meter was covered with water and the meter was again not read. . So in January and February there was no reading. in March they do a reading and determine there was a leak sometime in that previous two months, when that leak occurred we do not have any accurate information on. I am told by the Water Department that it is possible that this hammer effect could take place, but I am told by the Fire , Department that from the procedures this is not likely and also there is no evidence to support that this hammer effect took place in this particular case. Attorney Cavitt: Our normal bill for that park is $450.00 per month, and first of all it cost us $3500.00 to fix it and to be billed another $5200.00 for water is prohibitive. Councilman Schmidt : What procedure was followed when they could not read the meter in January or February. Counsel Blondin: The ordinance provides for estimating of the meters in the event that they cannot be read and I would point out that there has been problems with Villa Gardens in the past and at that time Villa Gardens indicated that they were going to do their own metering and they indicated to me that they had logs which show that this leak had occurred previously and I have asked for those logs and they have refused to turn them over to me. Barney Cavitt: This water meter is in the middle of the road and I can' t believe that they could not open it because all they have to do is hit the top of the manhole cover and it will open. If it was filled with water why did' nt they tell someone. Councilman Gilliam: When you say relief is ,that ,all, or none. Attorney Cavitt: Yes . its not like we are getting something, it cost us $3500.00 to fix it. Barney Cavitt: We called the city but they refused .to help us because it is private property and we asked them if we could rent a machine from them and they said no we could not do. .that either. So we went out and bought an $800.00 unit and wo. st.ill could not find it. So then we had to go to people with-, an electronic device. VOLUME L 5 Mr. Maim: Under the existing ordinance they would be entitled to an abatement of $ 1 ,054.63 and that has been rejected. The question is if this is a claim for negligence then those claims are routinely handled by the City ' s insurance carrier after investigation, uhless the Council would want to intervene and make some judgement as to the City' s negligence. Councilwoman Shales : It is rather hard to determine who was at fault or what happened in this case. I would be willing to consider splitting the cost with Mr. Cavitt. If they do not want to accept that then I would like it turned over to our insurance company. Councilrr,an Hansen : I think the fact that the meter wasn ' t read for a three month period there really puts a hardship on the park owner, plus the fact that I am sure it is documented that they did spend $3500.00 to repair the watermain already out of their own pocket. I am in favor of giving them relief on this . They are a water customer and a pretty good size one. I suppose i:f we don ' t abate this you will have to pay a sewer charge on this and it will never 9 o down the sewer. Councilman Waters : if in fact this is a claim of negligence why wouldn ' t we pursue this through our insurance. Counsel ,lentsch: Well there really is not any insurance what we are talking about is a claims adjustment service, you pay the first $50,000 on any loss, but there is an office established to administer claims and that is the Gallagher-Bassett Insurance Company. They investigate and make recommendations . Councilman Hansen : Am I correct though that it would still come out of the City till , because of the self- insurance feature. Counsel Jentsch: Yes . Councilman Andersen : Fifteen per cent of the water that we pump every day leaks out anyway and we never meter it, and we never get paid for it, so why not give this man a little relief. Councilman Gilliam: Everybody is saying relief and I agree think there should be some relief because it is difficult to prove who is right and who is wrong. Just to put a figure on the floor I am willing to abate two-thirds based on the fact 'that they had to pay $3500.00 to make the repairs. Councilman Hansen: The total loss here is $8600.00, if you include the water bill and the cost of repair. How about splitting that down the middle and saying its $4300.00 of abatement. Councilman Hansen: I will make that into a motion that we abate -$4300.00 of this water b i l l , which w i l l equal about a fifty/fifty split on the total cost of the problem. Councilman Andersen: I will second that to get it off the floor. Yeas : Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays : Councilmen Gilliam, Shales and Waters. 4 b VOLUME L Public Works Project of the Year Mel Dahl : The Chicago Metropolitan Chapter of the American Public Works Association is the second largest Chapter in the United States and it covers eight counties in northeastern Illinois. It has an awards program and one of those awards is a Public Works Project of the Year Award. , We submitted the Riverside Water Treatment Plant for their consideration and it was selected as the top public works project of the year and I would like to present this to you for the City of Elgin. Request by Councilman Waters to discuss invoices for certain legal services . Councilman Gilliam: I would like to make a comment before we start. 1 hope that this will not turn into a witch-hunt on any Councilman' s part. We have read stories in the papers and from what I understand there is going to be a lot of mud slinging going on here and I hope that this can be conducted in a questions and answer fashion, like we would do with any other bill , and that we discuss it, resolve it and go on to other things. Councilman Waters : Since I asked that this be placed on the agenda I will start our discussion. First of all Mr. Mayor I want to make it clear I am not interested in participating in a contest of name calling tonight, nor am I interested in reviewing the propriety or legality of what has been done. The last thing that I want to do tonight is further inflame the differences that exist within this Council . I asked that this issue be placed on our agenda because I believe it is something the Council as a Corporate Body should decide rather than one or two members of the Council . It is my understanding that an outside legal firm was in fact retained by the Mayor and Councilman Hansen to personally advise them on issues pertaining to their roles as members of the Council . It is also my understanding that the bill in question is for services rendered by this law firm advising the Mayor and Councilman Hansen regarding the Strong Mayor Form of Government and how it could be adopted in Elgin. It is also my understanding that this firm believed they were being retained by . th:e City of Elgin. No one, no two, no three, no seven of us, as individual members of the City Council , have the authority to retain outside legal counsel on behalf of the Council . :It is only when the Council acts as a Corporate Body is such . authority granted. VOLUME L 7 Therefore I believe this Council should decide the status of this invoice and not one or two members of the Council acting as individuals. If I may I would like to read briefly a statement from the Illinois Municipal League, the Illinois Municipal Handbook, which ironically was written by partners in the firm that was retained, and I read accordingly: The Council is a Corporate entity, unless doing something legally delegated to him, a Council member when not sitting at a legal Council meeting has no more power or prerogative except as conservator of the peace, than any other citizen of a municipality. The law does however, allow such an individual council member to have access to such records of the municipality as he should need to carry out his duties. Even if the members of a council agree specifically and separately to a certain transaction, such transaction has no force unless acted upon and passed at a legal meeting of the council . Therefore, I move Mr. Mayor, that the City of Elgin pay this bill that has been submitted for $900.00. If my motion is seconded I personally shall vote no. If however, my motion is passed, I would demand that all members of the Council be provided copies of all correspondence, all memorandums, and all reports provided by the firm submitting this bill . If the City is to pay this bill , then the counsel provided by this legal firm should be made available to all members of this City Council and not just two or three members. Councilman Gilliam: Second. Councilman Schmidt : Why do we have to have a motion and a second to pay this bill when it is my understanding that this bill has been approved for payment by the Acting City Manager. Councilman Andersen: Has it already been paid. Mr. Malm: No, it has not been paid. Mayor Verbic : He signed the purchase order just like he does on bills which you give to the City for your expenses . Councilman Andersen: The propriety of the payment of these legal fees will have to be decided by others . Since myself and others have been criticized for presumed improper or illegal submitting of these items , I would like to address these remarks to the subject of elected officials billing the City for expenses . The original proponents of the Council-Manager form of government deemed that serving one ' s city was public service work. A small stipend was granted to offset personal expense. This has now escalated into one of the most flagrant violations of the public trust that the City of Elgin has ever encountered. 8 VOLUME L Councilman Waters, who thought he had found a smoking gun, has just shot himself in the foot. He apparently didn' t know he was playing with live ammunition. Councilman Waters has billed the City for $5, 240.00 over the past few years. My records are far from complete, and there appeared to be a great deal of reluctance by the City staff to provide me with the itemized account I requested. There is now enough damning evidence to cause a taxpayer revolt. We paid for Mr. Waters ' meals at Kiwanis Club and board meetings every week, we paid for the mileage to and from Council meetings. We paid for purchases of cassette tapes, convention lectures and books, which he never shared with us either. He looks at home box office movies in his convention hotel room and charges that to the City also. The bills show we graciously picked up the tab for his wife and then we also picked up the tab from his eye doctor to see if he could be fitted with contact lenses . He gave us a mileage bill for the trip to Candidate Van De Voorde' s retirement dinner, and I am sure that the City Manager saw to it that the City paid for his ticket. Now, the IRS has very strict rules governing expenses , and I am sure they are going to take a hard look at his return. His tax able income might come under very severe IRS scrutiny. While many of our tax-paying elder citizens are anxiously awaiting their next Social Security check or their pension check to replensih a sparse cupboard, this Councilman is asking them to pay for lavish meals, gasoline and movies . All of this by a man who earns $45,000 per year as assistant to the president of Elgin Community College, another tax supported institution. While we are on the subject of expenses , my colleague to the right of me, Councilman Gilliam, has no qualms about charging the City for his personal expenses either. He can charge meals at Butterman ' s, Cafe du Louve, Floyd' s , O ' Shea ' s , or the Milk Pail with equal vigor. The flimsiest excuse can set up a luncheon meeting with other City servants, and we pay for their lunches too. Noticeably absent are the vouchers to substantiate these expenses, but they are paid for nevertheless . Councilman Gilliam drives an exact 50 miles each month on supposed City business, it does not vary, and his request is always granted. A companion accompanied him to a Los Angeles convention in 1982, and he billed the City for $451 .40 for said companion ' s sustenance and lodging. A sharp eyed clerk caught this flagrant dipping into the City till , and Councilman Gilliam finally got that account settled using the easy pay plan. This lavish double dipping at the public trough by two Councilmen, who are supported additionally by their positions in our school systems, should be enough to have our electorate ask for an explanation. VOLUME L 9 The managers and manipulators of power in our community, also called the heavy hitters will probably give these episodes little attention, and most certainly probably no newspaper coverage, but I know I have found a smoking gun, and for the record this time the wagon is far from empty. Councilman Gilliam: Just a couple of responses . Two of the Councilmen met, and I would like to have this verified, Councilman Hansen and myself met with City Manager Leo Nelson and Corporation Counsel Jentsch and we did discuss at that time that the Councilmen who had expenses as far as meals to clubs that they wanted to belong to we would be able to submit those. We also stated that we would submit mileage, and that I have done. Councilman Andersen has also indicated that I have turned bills in from different places, that is very true, I have had lunch with Councilman Andersen, I have had lunch with Councilman Schmidt, I have had lunch with Councilman Hansen on different occasions and 1 have had lunch with Councilman Waters on different occasions, and yes, I have had lunch with the staff on different occasions . I stand accused of that, but that was an agreement that we had set at that meeting, at the meeting that Councilman Hansen and I attended. The second thing is when Councilman Andersen made the comment about a companion, which is an insinuation, those were my kids, so there is no insinuation of any other kind of impropriety, and yes I did pay the bill . Like I have said before there is nothing in the record that am ashamed of, I stand by it, if the Council wants to make a decision whether or not to pay it, I am willing to submit that to this Council right here and let you vote on it. Councilman Hansen: I did attend a meeting I did not necessarily agree with everything that was discussed and the ro osal that P P the City Manager and Councilman Gilliam made was never brought before the Council and it was never agreed upon or voted upon. have never turned any of those kind of personal expenses in to the City. Councilman Gilliam: Did we or did we not discuss the benefit of insurance and am I not correct that was part of the discussion. Councilman Hansen : Insurance was discussed at an open meeting. Councilwoman Shales : I think what is very clear is that this Council needs to set guidelines for what kind of expenses are reimbursable by the City. We have not had any and I myself would like some. I have great confusion over what is appropriate to submit and what is not appropriate to submit. I think we need some guidelines, we have not had any in the past and people have submitted things invaring degrees. We cannot go back, but we certainly can do something and go forward with some guidelines about what expenses will be reimbursed by the City, and which will not. 10 VOLUME L What expenses would need Council approval before they are paid. I think whether we vote on the motion or not if the City pays the bill I would like to see a copy of it. I do not think that is a request that is beyond ---- Councilman Hansen: It is my understanding and I learned this after the discussion about insurance and everything that the original proponents of this form of government set the salary to, they proposed a concept that there was no pay for service on the City Council and that the salary was to reimburse the City expenses . I think that is in the record back in the archives. Councilman Waters : I am not going to get into a debate with Councilman Andersen about the accuracy of the accusations that he has made. 1 will say the expenses that I have filed for reimbursement have been expenses that I thought, I understood, to be acceptable by this Council . if i misunderstood, if I am in error, I will gladly repay to the City of Elgin what this Council says is improper. I would also remind the Council for the most part those expenses were incurred in representing the City either as a delegate or as a member of a National Committee, a National Policy Committee representing again the City of Elgin. I don' t think that my expenses are germane to the motion that is on the table. I have not gone outside and retained an outside firm. I have not contracted outside and obligated the City. Mayor Verbic: Councilman Waters, I think there is a great deal of difference between your spending habits for the last three or four years and what Councilman Hansen and myself --- we had nothing to gain financially, nothing at all , all we tried to do, fully realizing that Corporation Counsel Jentsch is employed by the City Manager, we felt it necessary to get information from an unbiased legal firm specializing in municipal law. One of the outstanding firms in the State of Illinois, and probably the nation. I think we were motivated more by the fact that 1600 people signed a petition, 1600 people as citizens asked us to put this on a referendum to be voted upon and I don' t feel that we had any other thoughts in regards to what we were expending and as I have mentioned previously I thought the $900.00 legal bill was large, but when I stopped to realize too that who I was talking to that was part of their part and parcel of billing What I don' t like is the impropriety of you stating -- when someone told me you charged 5 miles to go to George Van De Voorde' s party and I said to myself it can ' t be that much, and I went out in my automobile myself and it is 32 miles , and I said to myself if he does this and cheats on mileage, what must he be doing with the rest of his bills . When someone showed me the rest of your bills 1 looked at them in amazement. I have not sent in a bill for a year and a half, outside of my airfare to go to the U.S. Conference. I have not gone to VOLUME L ll National League of Cities Meetings twice a year. I have gone to Illinois Municipal League where I am a Vice-President and have not even billed the City for the last year and one-half time. I say to myself that someone must have a lot of time to spend when they showed me the bills which you had presented and be must not have much of a job in order to spend that kind of time nit-picking. Councilman Gilliam: Would it have been appropriate and I ask this question because I remember the meeting with Councilman Hansen, when we talked about the form of government and he indicated that he would not be involved as a councilman in the process, am I correct. Councilman Hansen: 1 may have made that statement. Councilman Gilliam: Then my next question would be, if you met with an attorney to discuss putting the Strong Mayor form of government on there then in essence you are being what I call bilingual , that means talking out of both sides of your mouth, because you said that you were not going to be involved with the process, so therefore I took you at your word and then 1 find out that at the same time you have met to discuss putting the process on the ballot. Knowing that I am opposed to the process of a Strong Mayor would it have been appropriate for me in turn to go meet with an attorney to find out how to block the process . Would that have been a fair thing for me to do. On my own to get outside opinion so I can decide how to block the process of the Strong Mayor form of government, would that have been fair for me to do that. Councilman Hansen: It would depend upon the circumstances. Mayor Verbic : Councilwoman Shales asked for an itemization of bills. Councilwoman Shales : 1 asked for guidelines. Mayor Verbic: I think guidelines have been established, all you have to do is pick up the Municipal Law book and it spells everything out. It will tell you exactly what a Councilman can spend and what you cannot spend. It is written there in form and 1 think that we have adopted these to the extent of what: they are in the book which everyone of us should have. I will say that what we should have is a complete curtailment of expenditures which I have now found to be very suspect as far as costs to the people of Elgin. From what I have been told from talking to Mike Sarro that the expenditures in the last year for Mr. Andersen, Councilman Schmidt, Councilman Hansen and myself have probably run less than $200.00. Therefore, I think we probably acknowledge the taxpayer as far as spending money is concerned and some people don ' t. 12 VOLUME L Councilman Schmidt: Now I was requested to go to Springfield on behalf of the City this week to seek funds for the Prairie Path and just where does this leave me. Mayor Verbic: Well there have been no guidelines established so you spend according to your mileage, hotel room and meals which are allocated at $20.00 per day, and nobody can eat on $20.00 per day, this will be reimbursed by the City. Councilman Hansen: One thing that bothers me is that the bill was apparently approved by perhaps, Mr. Jentsch and Mr. Maim and 1 guess if it was an improper bill according to the Statute, I certainly would have appreciated them sending it back before it was paid or approved and I think that we really need a overall , as Mrs. Shales indicated, on this whole area, and I would be in favor of that. I think Mr. Maim sent us a memo, I think the memo is perhaps 8 or 10 years too late, which gets Bob off the hook because you were not the City Manager at that time, but I think that memo is probably indicated to be considered prior to this time. Mayor Verbic: To make a second to what you said I felt that it would be the responsibility of the City Manager to call me down, or you down, and say look this bill should not be paid by the citizens of Elgin. When I handed the first bill to Mike Sarro I just felt this was a matter of City business which was conducted in my role as a Mayor and what was legal services used at that time. Nevertheless, I think it should have been brought to my attention for my bill and the second bill and I think discussion could have been had very adequately at that point. 1 do not know what type of espionage system occurs in the City, but apparently things that are happening are much to the lack of knowledge as far as some persons are concerned, but other people get privileged information, which I don' t care for. Councilman Waters : Mr. Mayor, I would reiterate, if there are expenses that I have filed for reimbursement and I have been in error because I misunderstood what was acceptable to this Council , I will gladly repay the City of Elgin every penny. 1 again say that I don' t think that is germane to the motion that is on the floor. I have made the motion that we pay the bill and I have raised the issue because I think this is something that the Corporate Body should approve and not one or two individual members of the Corporate Body. Therefore I am ready to vote and would call for the question. Yeas : Councilmen Andersen, Schmidt and Shales . Nays : Councilmen Gilliam, Hansen, Waters and Mayor Verbic. VOLUME L 13 Councilman Andersen : If any of the public would like a record of those expenses that I spoke about they are here. Mayor Verbic: It seems like you have a good set of copies which I have never had the privilege to see before. Councilman Andersen: As a matter of fact I said that it was a year and a half that I was on this Council before the City Manager was kind enough to give me a City credit card, I did not know they were in existence, so I thought you had to pay your own bills and I have always done it. I have never submitted a bill to the City of Elgin. BID FOR CHICAGO AND NATIONAL STREET WATERMAIN HANDERS AND REHABILITATION REJECTED Mr. Maim: The recommendation is to reject the bids. Councilman Hansen made a motion, seconded by Councilman Gilliam to reject the aforementioned bids . Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. BID AWARDED FOR THE PROFESSIONAL SERVICES FOR THE 19b4- 19bb AUDITS Councilman Hansen made a motion, seconded by Councilman Gilliam to award the bid to the low bidder, Karrison and Byrne for $ 12, 500 for 1984, $ 12,500 for 1985 and $ 13, 000 for 1986. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. PUBLIC HEARING ON PETITION 48-84 REQUESTING ANNEXATION, B-3 SERVICE BUSINESS DISTRICT ZONING AND A B-3 SPECIAL USE FOR A CHURCH, PROPERTY LOCATED AT 1001 AND 1015 SUMMIT ST. BY THE LUTHERAN CHURCH OF OUR SAVIOR Roger Dahlstrom: The Church structure is located is located at 1001 Summit Street and they are requesting special use for a church be granted upon annexation in recognition of their existing facility. Dr. Hemmer has a contract to purchase the property located at 1015 Summit from the Church and proposes to construct a medical office building on the site. The subject property is approxi- mately 4.9 acres, the westerly parcel 2.7, the site of the church easterly parcel 2.2, and unimproved. At its regular meeting of November 19, 1984, the Land Use Committee recommended approval of the proposed annexation, zoning and special use, subject to the additional conditions show above. The vote was 5 yes and 1 no. 14 VOLUME L Councilman Schmidt: What type of building do you intend to construct Dr. Hemmer. Dr. Hemmer: We are putting up a one story approximately 5900 square feet. Councilwoman Shales : is the church allowing itself enough room for expansionoin the future. Dr. Hemmer: There is plenty of land between the church and my building. Councilwoman Shales made a motion, seconded by Councilman Hansen to close the Public Hearing. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. PETITION 43-84 REQUESTING AN AMENDMENT TO CHAPTER I .26.030 BY ADDING "GARAGE FOR THE SOLE AND E CLUSIVE PURPOSE OF RESTORING AND RECONSTRUCTING ANTIQUE AUTOMOBILES BEING AUTOMOBILES OF AT LEAST ZO YEARS OF AGE AND)OR FOREIGN COLLECTIBLE CARS , WITH NO OUTSIDE STORAGE OF AUTOMOBILES PERMITTED" TO THE B- 1 COMMUNITY BUSINESS DISTRICT SPECIAL USE LIST - APPROVED Roger Dahlstrom: Staff would simply like to point out that this amendment should it be adopted would effect B- 1 and B-2 Business Districts in general , it does not specifically apply to any particular piece of property. It would not effect B-3 and B-4 because this type of use would be a permitted use in those business classifications . At its regular meeting of October 17th, 1984, the Planning Committee recommended approval of Petition 43-84 by a vote of 4 yes, 1 no and 1 abstention. Councilwoman Shales made a motion seconded by Councilman Andersen to approve Petition 43-84. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays None. PETITION 42-84 REQUESTING AN AMENDMENT TO CHAPER 19.16.OZO BY ADDING "TATTOO PARLOR" TO THE B- I COMMUNITY BUSINESS DISTRICT PERMITTED USE LIST - APPROVED Roger Dahlstrom: Once again staff would like to point out that this as a text amendment would effect not just the B- 1 classi- fication as a special use, but because of the cummulative danger of special use considerations in the business districts it would VOLUME L 15 B- 1 , B-2, B-3 and B-4, making tattoo parlors a special use in all of those of those classifications. Presently tattoo parlors are not provided for as a permitted or special use in the City' s Zoning Ordinance. At its regular meeting of October 17, 1984, the Planning Committee recommended denial of Petition 42-84. On a motion to recommend approval of Petition 42-84 the vote was 1 yes and 5 no. Attorney Randle Johnson : I represent the petitioner, Ramon Rondriquez and I think it should be brought up that at the Planning Commission hearing in October there seemed to be various ways that the Planning Commission wanted to approve this, however, it did not seem that we could pass the legal hurdle. There is only a single Illinois statute on the books that has anything to do with tattooing as an art and that is a criminal statute. it is not a public health statute and basically that criminal statute makes it a misdemeanor for someone not a medical doctor to tattoo a person under the age of twenty-one. We are asking you not to deny this petition simply on the basis of whether or not you would use this service. Councilwoman Shales : I believe you are doing this now from your apartment. Ramon Rodiquez: Well I have not done it since our last council meeting because I was told that I could not do it. Before it was always a hobby done in my home. Councilwoman Shales : I want to make the statement that I am not interested in making this a permitted use in a B- 1 or B-2 district and I am not interested in making it a special use in either one of those districts either. A B- 1 district is a neighborhood business district, this is not what I would consider a neighborhood type of business. The B-2 is of course is the downtown district. Therefore I am not in favor of having this as a permitted or special use in either one of those districts . Councilman Andersen: Mr. Rodriguez, are there ever any cases of infection or health problems as a result of your efforts on body enhancement of some individual . Mr. Rodriguez : No Sir. I have never had any problems like that. One thing I am out to do is improve the art and improve the image of the art. As far as running a legal business it is a legal business. 16 VOLUME L Councilwoman Shales : Where the neighbors who objected notified that this would be before the Council tonight. Roger Dahlstrom: We send out standard notification for the public hearing, which in this case was before the Planning Committee. They are advised to the best of our ability in a follow-up when it would come before the Council , but we don' t have a specific procedure for advising them of the Council consideration in the mail as we do the public hearing. Councilman Hansen: is this type of an establishment permitted any where. Roger Dahlstrom: At the present the classification does not appear in any of our zoning classifications, so technically it is not permitted in the City. Councilman Hansen: How does a staff person view that you cannot operate a business that is legal in the State in Elgin. Roger Dahlstrom: We propose comprehensive amendments to the ordinance because there are a lot of instances like this . Councilman Andersen made a motion, seconded by Councilman Gilliam to approve Petition 42-84. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt and Mayor Verbic. Nays : Councilmen Shales and Waters . PETITION 52-84 REQUESTING A R-3 TWO FAMILY RESIDENCE DISTRICT SPECIAL USE FOR A CHURCH, PROPERTY LOCATED AT 39 SILVER STREET AND 40d N. CRYSTAL BY THE NEW LIFE BAPTIST CHURCH APPROVED Roger Dahlstrom: The petitioner proposes to adaptively reuse the manufacturing/storage building located on the subject property for a church. The property consists of two lots with a combined total of approximately 19,000 square feet. It is improved with a two unit converted residential structure and a masonry building which has been used primarily for manufacturing and storage purposes in the past. At its regular meeting of December 17, 1984, the Land Use Committee recommended approval of Petition 52-84, subject to an additional condition, which is simply compliance with all codes and ordinances, by a vote of 5 yes and 1 no. Councilman Gilliam made a motion, seconded by Councilman Andersen to approve Petition 52-84. Yeas : Councilmen Andersen, Gillian, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. VOLUME L 17 PETITION 53-84 REQUESTING A B-3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR A COMMUNITY SERVICE FACILITY , PROPERTY LOCATED AT 515 W. HIGHLAND BY LARKIN HOME FOR CHILDREN -- APPROVED Roger Dahlstrom: Based on the number of referrals received, the Larkin Home for Children is requesting approval for a group home. The group home is to be operated and licensed to accommodate 7 children, and will be staffed 24 hours per day. The subject property is an irregularly shaped lot of approxi- mately 5,381 square feet and is improved with a two story, masonry residence which has been converted to two apartments, and a 2 car garage. At its regular meeting of December 17, 1984, the Land Use Committee recommended approval of Petition 53-84 by a vote of 6 yes and zero no. Councilman Waters made a motion, seconded by Councilman Andersen to approve Petition 53-84. Yeast Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. ORDINANCE TABLED AMENDING THE ELGIN MUNICIPAL CODE, CH. 6.Ob TO PROVIDE FOR A 4: 00 A. M. LIQUOR LICENSE TABLED Councilman Gilliam made a motion, seconded by Councilwoman Shales to table the aforesaid ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. ORDINANCE PASSED ESTABLISHING ELGIN-O ' HARE SPECIAL SERVICE AREA NUMBER FOUR IN AND FOR THE CITY OF ELGIN , KANE AND COOK COUNTIES , ILL. Councilman Hansen made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 18 VOLUME L ORDINANCE NO. T1-85 AN ORDINANCE establishing Elgin-O'Hare Special Service Area Number Four in and for the City of Elgin, Kane and Cook Counties, Illinois'. WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois ( the "City") , has a population in excess of 25,000 as determined by the last official census, and accordingly pursuant to the provisions of the 1970 Constitution of the State of Illinois , and particularly Article VII, Section 6(a) thereof, the City is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt; and WHEREAS, special service areas are established pursuant to Part ( 1) ( 2) of Section 6 of Article VII of the 1970 Constitution of the State of Illinois, which provides: The General Assembly may not deny or limit the power of home rule units . . . ( 2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. and are established pursuant to the provisions of "AN ACT to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non-home rule municipalities and counties," approved September 21, 1973, as amended ( the "Act") , and pursuant to the provisions of the Revenue Act of 1939 of the State of Illinois, as amended; and i VOLUME L 19 WHEREAS, it is in the public interest that the area hereinafter described be established as Elgin-O'Hare Special Service Area Number Four for the purpose set forth herein (the "Area" ) ; and WHEREAS, the Area is compact and contiguous and is totally within the corporate limits of the City and The County of Kane, Illinois; and WHEREAS, the Area will benefit specially from the subdivision improvements and municipal services to be provided (the "Services" ) , and the Services are unique and in addition to municipal services provided to the City as a whole and it is, therefore, in the best interests of the City that the Area be established; and WHEREAS, it has heretofore been and it is hereby estimated that the cost of providing the Services will be not less than $1,500,000; and WHEREAS, it is in the public interest that bonds in not to exceed the amount of $1,500,000 and secured by the full faith and credit of the Area be issued for the purpose of paying the cost of providing the Services (the "Bonds" ) ; and WHEREAS, the Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear interest at not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds; and -2- 20 VOLUME L WHEREAS, the Bonds shall be retired by the levy of a direct annual tax sufficient to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity; and WHEREAS, said direct annual tax shall be levied upon all taxable property within the Area for said period of not to exceed 20 years and shall be unlimited as to rate or amount and in addition to all other taxes permitted by law; and WHEREAS, the establishment of the Area was proposed by the City Council of the City (the "City Council" ) pursuant to Ordinance No. T7-84 entitled: AN ORDINANCE proposing the establishment of the Elgin-O'Hare Special Service Area Number Four in the City of Elgin, Kane and Cook Counties, Illinois, and the issuance of bonds in the amount of $1,500,000 for the purpose of paying the cost of providing special services in and for such Area. duly adopted on the 24th day of September, 1984, and was considered at a public hearing held on the 22nd day of October, 1984, by the City Council (the "Hearing") ; and WHEREAS, notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in Daily Courier News, the same being a newspaper of general circulation within the City; and WHEREAS, mailed notice of the Hearing was given by depositing notice in the United States mails addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area not less than ten (10) days prior to -3- VOLUME L 21 the time set for the Hearing, and in the event taxes for the last preceding year were not paid, the notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property; and WHEREAS, said notice complied with all of the applicable provisions and requirements of the Act; and WHEREAS, the Hearing was held on the 22nd day of October, 1984, and all interested persons affected by the establishment of the Area or the issuance of the Bonds and the levy of the tax to pay the Bonds, including all owners of real estate located within the Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Area and the issuance of the Bonds and the levy of said tax and an opportunity to file objections to the establishment of the Area or the issuance of the Bonds and the levy of said tax; and WHEREAS, at the Hearing, all interested persons affected by the Area were permitted to file with the City Clerk written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council has heard and considered all of the comments, objections, protests and statements made with regard to the Area and the Bonds and has determined and does hereby determine that it is in the public interest and in the interest of the City and the Area that the Area be established; and WHEREAS, after hearing and considering all such comments, objections, protests and statements, the City Council -4- 22 VOLUME L finally adjourned the Hearing on the 22nd day of October, 1984; and WHEREAS, no petition, signed by at least 51% of the electors residing within the Area and by at least 51% of the owners of record of the land included within the boundaries of the Area, was filed with the City Clerk within 60 days following the final adjournment of the Hearing objecting to the creation of the Area, the levy or imposition of a tax or the issuance of the Bonds for the provision of the Services to the Area, or to a proposed increase in the tax rate: NOW, THEREFORE, Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, as follows: Section 1. That the preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That the City Council has found and determined and does hereby find and determine that all protests and objections, if any, to the establishment of the Area and the issuance of the Bonds are without merit. Section 3. That Elgin-O'Hare Special Service Area Number Four is hereby established in and for the City and shall consist of the following described territory: PARCEL 1 That part of Lot 1 lying Northerly of a line described as follows: Commencing at the Northwest corner of said Lot 1; thence Southerly, along the Westerly line of said Lot 1, a dis- tance of 566.73 feet to a point on said Westerly line that is 308.95 feet Northerly of (as measured along said Westerly line) an angle point in the Westerly line of said Lot 1, for the point of beginning of the aforesaid line; thence Easterly, perpendicu- lar to the Westerly line of said Lot 1, a distance of 278.24 feet -5- i VOLUME L �3 to the Westerly line of Airport Road for the terminus of the aforesaid line, in Elgin - O'Hare Business Center, being a sub- division of part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 2 That part of Lot 1 lying Southerly of a line described as follows: Commencing at the most Southerly corner of said Lot 1; thence Northwesterly, along the Westerly line of said Lot 1, a distance of 221.76 feet to an angle point in said Westerly line; thence Northwesterly, along the Westerly line of said Lot 1, a distance of 634.80 feet to an angle point in said Westerly line; thence Northerly, along the Westerly line of said Lot 1, a dis- tance of 125.95 feet for the point of beginning of the aforesaid line; thence Easterly, perpendicular to the Westerly line of said Lot 1, a distance of 323.26 feet to the Westerly line of Airport Road for the terminus of the aforesaid line, in Elgin - O'Hare Business Center, being a subdivision of part of Section 34, Town- ship 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 3 Lots 2, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 of Elgin-O'Hare Business Center, being a sub- division of part of Section 34 , Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 4 That part of Lot 5 lying Southerly of a line described as follows: Commencing at the Northeast corner of said Lot 5; thence Southerly, along the East line of said Lot 5, a distance of 569.12 feet for the point of beginning of the aforesaid line; thence Westerly, perpendicular to the East line of said Lot 5, a distance of 647.96 feet to the Easterly line of Airport Road for the terminus of the aforesaid line, of Elgin-O'Hare Business Center, being a subdivision of part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 5 That part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section 34; thence South 00 degrees 17 minutes 38 seconds East, along the East line of said Southeast Quarter , a distance of 1823.74 feet to a point that is 830.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast Quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of -6- i 24 VOLUME L 576.00 feet along a line that is parallel with a line drawn Westerly (this line hereafter referred to as Line "A" ) from a point on the East line of said Southeast Quarter that is 74.30 feet Northerly of (as measured along said East line) the South- east corner of said Southeast Quarter to a point (this point hereafter referred to as Point "B" ) on the West line extended Northerly of the Northwest Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly of (as measured along said West line, extended Northerly) the Northwest corner of Northwest Quarter ; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast Quarter of Section 34, a distance of 756. 29 feet to the aforesaid Line "A" ; thence North 89 degrees 17 minutes 42 seconds West, along said Line "A" , a distance of 939.48 feet to the aforesaid Point "B" ; thence North 89 degrees 26 minutes 37 seconds West, a distance of 966.65 feet to a point that is 78. 93 feet Northerly of a point on the South line of said Southeast Quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast Quarter; thence North 83 degrees 33 minutes 33 seconds West, a distance of 154.85 feet to an existing iron stake as per Document No. 847720 that is 94.93 feet Northerly of the Southwest corner of said Southeast Quarter, as measured along a line ( this line and it ' s Northerly extension thereof hereafter referred to as Line "C" ) that bears North 04 degrees 05 minutes 00 seconds East from said Southwest corner ; thence North 04 degrees 05 minutes 00 seconds East , along said Line "C" , to the Southeast corner of the Taxi Strip Easement as shown on the Plat of Miller 's Hangars, being a subdivision of part of said Section 34, for the point of beginning, said Southeast corner being on the aforesaid Line "C" and at a distance of 2421. 22 feet (record being North 04 degrees 05 minutes 00 seconds East 2421.44 feet) from the Southwest corner of the Southeast Quarter of Section 34, as aforesaid; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said Taxi Strip Easement, extended Easterly, a distance of 28.05 feet; thence South 00 degrees 38 minutes 30 seconds West, a distance of 80.0 feet; thence South 35 degrees 22 minutes 12 seconds East, a distance of 694.49 feet; thence South 00 degrees 23 minutes 31 seconds West, a distance of 757 .85 feet; thence South 67 degrees 04 minutes 33 seconds East, a distance of 664.71 feet; thence North 34 degrees 48 minutes 27 seconds East, a distance of 457.61 feet; thence South 55 degrees 11 minutes 33 seconds East, a distance of 200.0 feet; thence Southeasterly, along a curve to the right having a radius of 1021. 58 feet and being tangent to the last described course, a distance of 180.51 feet; thence Northeasterly, along a curve to the left having a radius of 2837.62 feet (the chord of said curve bears North 49 degrees 10 minutes 13 seconds East) an arc distance of 80.21 feet; thence Northwesterly, along a curve to the left having a radius of 1101.58 feet (the chord of said curve bears North 49 degrees 58 minutes 35 seconds West) an arc distance of 200.57 feet; thence North 55 degrees 11 minutes 33 seconds West, tangent to the last described curve, a distance of 95.77 feet; thence North 10 degrees 51 minutes 53 seconds East, a distance of _7_ i VOLUME L 25 1004.42 feet; thence South 79 degrees 08 minutes 07 seconds East, a distance of 20.0 feet; thence Easterly, along a curve to the left having a radius of 2180. 40 feet and being tangent to the last described course, a distance of 364 .64 feet; thence North 00 degrees 17 minutes 38 seconds West, parallel with the East line of the Southeast Quarter of Section 34, as aforesaid, a distance of 80.04 feet ; thence Easterly, along a curve to the left having a radius of 2100 .40 feet (the chord of said curve bears south 89 degrees 28 minutes 05 seconds East) an arc distance of 60.01 feet; thence North 00 degrees 17 minutes 38 seconds West, parallel with the East line of the Southeast Quarter of said Section 34, a distance of 475.86 feet to the North line of said Southeast Quarter; thence North 89 degrees 27 minutes 18 seconds West, along said North line, a distance of 259.96 feet to a point on said North line that is 660.0 feet Westerly f measure y (measured along said North line) the Northeast corner of the Southeast Quarter of Section 34 as aforesaid; thence North 79 degrees 08 minutes 07 seconds West, along a line that forms an angle of 10 degrees 19 minutes 11 seconds ( record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast Quarter, measured from West to North at the last described point, a distance of 1789 . 25 feet to Line "C" , as aforesaid; thence South 04 degrees 05 minutes 00 seconds West, along said Line "C" , a distance of 559.16 feet to the point of beginning. Being situated in Dundee Township, Kane County, Illinois. PARCEL 6 All of River Ridge Drive, Airport Road, High Point Drive and Corporate Drive as set forth and contained in the plat of Elgin - O'Hare Business Center Unit No. 1 An accurate map of the Area being attached hereto and made apart hereof. Section 4. That the purpose of the establishment of the Area is to provide the Services to the Area, including the construction of all of said improvements to be in and for the Area and to be constructed on existing public property or property to be acquired by the City for such purpose. Section 5. That the Bonds in not to exceed the amount of $1,500,000 and secured by the full faith and credit of the Area are authorized to pay the cost of the Services, and the Bonds shall be retired over a period of not to exceed 20 years from the issuance thereof and shall bear interest at not to -8- 26 VOLUME L exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds, and the Bonds, if issued, shall be retired by the levy of a direct annual tax sufficient to pay the principal and interest thereon, said tax to be levied upon all the taxable property within the Area for said period of not to exceed 20 years and to be unlimited as to rate or amount and in addition to all other taxes permitted by law. Section 6. That all ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and that this ordinance be in full force and effect forthwith upon its adoption and approval as provided by law. -9- VOLUME L 27 Adopted January 14, 1985. AYES: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. NAYS: None ABSENT: None Approved January 14, 1985. s/ Richard L. Verbic Mayor, City of Elgin, Kane and Cook Counties, Illinois Attest: s/ Marie Yearman City Clerk, City of Elgin, Kane and Cook Counties, Illinois (SEAL) Recorded in the City Records on January 14 , 1985. ORDINANCE PASSED PROVIDING FOR THE ISSUE OF UNLIMITED AD VALOREM TAX BONDS OF SPECIAL SERVICE NUMBER FOUR OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS , AND THE LEVY OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON SAID BONDS 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. -10- 28 VOLUME L ORDINANCE NO. S1-85 AN ORDINANCE providing for the issue of $1,500,000 Unlimited Ad Valorem Tax Bonds of Special Service Area Number Four of the City of Elgin, Kane and Cook Counties, Illinois, and the levy of a direct annual tax sufficient to pay the principal and interest on said bonds. Preambles WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "City") , has a population in excess of 25,000 as determined by the last official census, and accordingly pursuant to the provisions of the 1970 Constitution of the State of Illinois, and particularly Article VII, Section 6(a) thereof, the City is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt; and WHEREAS, special service areas are established pursuant to Part (1) (2) of Section 6 of Article VII of the 1970 Constitu- tion of the State of Illinois, which provides: The General Assembly may not deny or limit the power of home rule units . . . ( 2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to pro- vide those special services. and are established pursuant to the provisions of "AN ACT to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule VOLUME L �9 units and non-home rule municipalities and counties,", approved September 21, 1973, as amended (the "Act" ) , and pursuant to the provisions of the Revenue Act of 1939 of the State of Illinois, as amended; and WHEREAS, the City Council of the City (the "City Coun- cil" ) by ordinance adopted on the 10th day of September, 1984, did propose the establishment of Special Service Area Number Four of the City (the "Area" ) and the issuance of bonds of the Area (the "Bonds" ) in the amount of $1,500,000 bearing interest at not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds and maturing within 20 years from the issuance thereof and did call a public hearing thereon for the 22nd day of October, 1984 (the "Hearing" ) ; and WHEREAS, proper notice was given of the Hearing and at the Hearing held on the 22nd day of October, 1984, all interested persons affected by the Area were allowed to file written objections thereto and to be heard orally thereon; and WHEREAS, the City Council by ordinance adopted on the 14th day of January, 1985, did establish the Area; and WHEREAS, the Area is compact and contiguous and is totally within the corporate limits of the City; and -2- 30 VOLUME L WHEREAS, the Area will benefit specially from. the muni- cipal services to be provided (the "Services" ) , and the Services are unique and in addition to municipal services provided to the City as a whole; and WHEREAS, no legally sufficient petition has been filed objecting to the creation of the Area, the levy or imposition of a tax or the issuance of the Bonds, the City Council is autho- rized to issue the Bonds and levy a direct annual tax against all of the taxable property included in the Area sufficient to pay the principal and interest on the Bonds; and WHEREAS, the City Council has determined and does hereby determine that it is advisable, necessary and in the best interest of the City and the Area to provide for road improvements and the acquisition of rights of way therefor, paving and the construction of sanitary and storm sewers and drains, including all expenses incidental thereto, all of said improvements to be in and for the Area (the "Project") , all such construction to be on existing public property or property to be acquired by the City for such purpose; and WHEREAS, it has heretofore been and it is hereby esti- mated that the cost of the Project will be not less than $1,500,000; and WHEREAS, it is in the public interest to issue Bonds in the amount of $1,500,000 to pay part of the cost of the Project; and -3- VOLUME L 31 WHEREAS, the proceeds of the Bonds shall be used solely and only for improvements for which the City is authorized under the provisions of the Illinois Municipal Code, as amended, to levy taxes or special assessments or to appropriate the funds of the City: NOW, THEREFORE, Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, as follows: Section 1. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this ordinance are full, true and correct and does incorporate them into this ordinance by this reference. The City Council hereby finds further that by and at the proceedings here- inabove described in the preambles to this ordinance, the City was authorized to issue Bonds in the amount of $1,500,000 payable solely and only from ad valorem property taxes levied against all of the taxable property included in the Area for the purpose of paying part of the cost of the Project. Section 2. Bond Details. There be borrowed on the credit of and for and on behalf of the Area the sum of $1,500,000 for the purpose aforesaid; that the Bonds shall be issued in said amount and shall be designated "Special Service Area Number Four Unlimited Ad Valorem Tax Bonds", the Bonds shall be dated January 1, 1985, and shall also bear the date of authentication, shall be in fully registered form, shall be in denominations of $5,000 each and authorized integral multiples thereof (but no single -4- 32 VOLUME L Bond shall represent installments of principal maturing on more than one date) , shall be numbered 1 and upward, and the Bonds shall become due and payable serially (without option of prior redemption) on December 1 of each of the years, in the amounts and bearing interest per annum as follows: Year of Principal Rate of Maturity Amount Interest 1987 $ 185,000 11.00% 1988 210,000 11.00% 1989 230,000 11.00% 1990 260,000 11.00% 1991 290,000 11.00% 1992 325,000 11.00% The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of the Bonds is paid, such interest (computed upon the basis of a 360- day year of twelve 30-day months) being payable on the first days of June and December of each year, commencing on December 1, 1986. Interest on each Bond shall be paid by check or draft of The First National Bank of Elgin, Elgin, Illinois (the "Bond Registrar" ) , payable upon presentation in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the 15th day of the month next preceding the interest payment date. The principal of the Bonds shall be payable in lawful money of the United States of America at the Bond Registrar. -5- VOLUME 7 33 The seal of the City shall be affixed to each of the Bonds, and the Bonds shall be signed by the facsimile signature of the Mayor of the City and attested by the facsimile signature of the City Clerk, and in case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authen- tication substantially in the form hereinafter set forth duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any secur- ity or benefit under this ordinance unless and until such certif- icate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authenti- cation upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by the Bond Registrar if signed by an author- ized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 3. Registration of Bonds; Persons' Treated as Owners. The City shall cause books (the "Bond Register") for the -6- i 34 VOLUME 7 registration and for the transfer of the Bonds as provided in this ordinance to be kept at the principal corporate trust office of the Bond Registrar, which is hereby constituted and appointed the registrar of the City. The City is authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Upon surrender for transfer of any Bond at the princi- pal corporate trust office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Bond Registrar and duly executed by, the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity of authorized denominations, for a like aggregate prin- cipal amount. Any fully registered Bond or Bonds may be exchanged at said office of the Bond Registrar for a like aggre- gate principal amount of Bond or Bonds of the same maturity of other authorized denominations. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond, provided, however, the principal amount of outstanding Bonds of each maturity authenticated by the Bond Registrar shall not exceed the author- -7- VOLUME 7 35 ized principal amount of Bonds for such maturity lesq previous retirements. The Bond Registrar shall not be required to trans- fer or exchange any Bond during the period beginning on the six- teenth (16th) day of the month next preceding any interest pay- ment date on such Bond to and including the day preceding such interest payment date. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on and Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liabil- ity upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other govern- mental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 4. Form of Bond. The Bonds shall be prepared in compliance with the National Standard Specifications for Fully Registered Municipal Securities prepared by the American National Standards Institute and shall be in substantially the following form; provided, however, that if the text of the Bond is to be printed in its entirety on the front side of the Bond, 'then para- graph [2) and the legend, "See Reverse Side for Additional Provi- -8- 36 VOLUME L sions", shall be omitted and paragraphs [6] through [9] shall be inserted immediately after paragraph [1 ] : (Form of Bond - Front Side) REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTIES OF KANE AND COOK CITY OF ELGIN SPECIAL SERVICE AREA NUMBER FOUR UNLIMITED AD VALOREM TAX BOND See Reverse Sidel for Additional I lProvisions i Interest Maturity Dated Rate: $ Date: December 1, 19_ Date: January 1, 1985 (CUSIP Registered Owner: Principal Amount: [1] KNOW ALL PERSONS BY THESE PRESENTS, that the City of Elgin, Kane and Cook Counties, Illinois (the "City" ) , hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, -9- VOLUME L 37 solely from taxes levied against all of the taxable property in that part of the City known as Special Service Area Number Two and not otherwise, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the date of this Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum set forth above on June 1 and December 1 of each year commencing December 1, 1986, until said Principal Amount is paid. Principal of this Bond is payable in lawful money of the United States of America at the principal corporate trust office of The First National Bank of Elgin, Elgin, Illinois, as bond registrar and paying agent (the "Bond Registrar" ) . Payment of the installments of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the 15th day of the month next preceding each interest payment date and shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. [2] Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof and such further provisions shall for all purposes have the same effect as if set forth at this place. -10- i 38 VOLUME L [3) It is hereby certified and recited that all condi- tions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, have happened, been done and performed in regular and due form and time as required by law; that the indebtedness of the City, including the issue of bonds of which this is one, does not exceed any limitation imposed by law; and that provision has been made for the collection of a direct annual tax in addition to all other taxes on all of the taxable property in said Special Service Area sufficient to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at matur- ity. [4] This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. [ 5] IN WITNESS WEEREOF, said City of Elgin, Kane and Cook Counties, Illinois, by its City Council, has caused its corporate seal to be imprinted by facsimile hereon or hereunto affixed, and this bond to be signed by the duly authorized fac- simile signature of the Mayor and attested by the duly authorized facsimile signature of the City Clerk, all as of the Dated Date identified above. (Facsimile Signature) Mayor Attest: (Facsimile Siqnature) City Clerk -11- VOLUME L 39 Date of Authentication: , 19_ CERTIFICATE Bond Registrar and Paying Agent: OF AUTHENTICATION The First National Bank of Elgin, Elgin, Illinois This Bond is one of the Bonds described in the within mentioned ordinance and is one of the Special Service Area Number Four Unlimited Ad Valo- rem Tax Bonds of the City of Elgin, Kane and Cook Counties, Illinois. THE FIRST NATIONAL BANK OF ELGIN as Bond Registrar By (Manual Signature) Authorized Officer [Form of Bond - Reverse Side] City of Elgin Kane and Cook Counties, Illinois Special Service Area Number Four Unlimited Ad Valorem Tax Bond [6] This bond is one of a series of bonds issued by the City for the purpose of paying part of the cost of the Proj- ect as defined in the ordinance so authorizing (the "Bond Ordi- nance" ) , and of paying incidental expenses, pursuant to and in all respects in compliance with the provisions of Part (1) (2) of Section 6 of Article VII of the 1970 Constitution of the State of Illinois and "AN ACT to provide the manner of levying or imposing -12- 40 VOLUME L taxes for the provision of special services to areas within the boundaries of home rule units and non-home rule municipalities and counties, " approved September 21, 1973, as amended, and in compliance with the Bond Ordinance, which has been duly passed by the City Council of the City, approved by the Mayor of the City, and published, in all respects as by law required. [7 ] This Bond is transferable by the registered holder hereof in person or by his attorney duly authorized in writing at the principal corporate trust office of the Bond Registrar in Elgin, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. [8] The Bonds are issued in fully registered form in the denomination of $5,000 each or authorized integral multiples thereof. This Bond may be exchanged at the principal corporate Y 9 P P trust office of the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denomi- nations, upon the terms set forth in the Bond Ordinance. 9 The City and the Bond Registrar may deem and treat [ l Y 9 Y the registered holder hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof -13- i VOLUME L 41 and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. (ASSIGNMENT) FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint as Attorney, to transfer the said Bond on the books kept for registration thereof with full power of substitution in the prem- ises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 5. Sale of Bonds. Forthwith after this ordi- nance has become effective, as provided by law, the Bonds shall be executed as in this ordinance provided and delivered to the City Treasurer and be by him delivered to the Purchaser thereof, namely, Hoffer Plastics Corp. , Elgin, Illinois, upon receipt of the purchase price therefor, same to be not less than the par value of the Bonds, plus accrued interest to date of delivery; the contract for the sale of the Bonds heretofore entered into, -14- 42 VOLUME L is hereby in all respects ratified, approved and confirmed, it being hereby found and determined that said contract is in the best interest of the City and that no person holding any office of the City, either by election or appointment, is in any manner interested, either directly or indirectly, in his own name or in the name of any other person, association, trust or corporation, in said contract for the purchase of the Bonds. Section 6. Tax Levy. In order to provide the funds required to pay the interest on the Bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there shall be levied upon all the taxable property within the Area a direct annual tax for each of the years while the Bonds or any of them are outstanding in amounts sufficient for that purpose, and that there be and there is levied upon all of the said taxable property in the Area in addition to all other taxes the following direct annual tax, to-wit: For the Year A Tax Sufficient to Produce the Sum of: 1985 $398,750.01 for interest and principal up to and including June 1, 1987 1986 $339,825.00 for interest and principal 1987 $343,100.00 for interest and principal 1988 $338,900. 00 for interest and principal 1989 $341,950.00 for interest and principal 1990 $341,700.00 for interest and principal 1991 $342,875.00 for interest and principal The City covenants and agrees with the purchasers and the holders of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the -15- VOLUME L 43 City to levy and collect the foregoing tax levy, and, that the City and its officers will comply with all present and future applicable laws in order to assure that the foregoing taxes will be levied, extended and collected as provided herein and depos- ited in the fund established to pay the principal of and interest on the Bonds. Section 7. Filing of Ordinance. Forthwith as soon as this ordinance becomes effective, the City Clerk be and is hereby directed to file a copy of said ordinance with the County Clerk of The County of Kane, Illinois, and it shall be the duty of said County Clerk to annually in and for each of the years 1985 to 1991, inclusive, ascertain the rate percent required to produce the aggregate tax hereinbefore levied, and extend the same for collection on the tax books against all of the taxable property within the Area in addition to other taxes levied in each of said years in the Area in order to raise the respective amounts levied aforesaid, and in each of said years such annual tax shall be computed, extended and collected in the same manner as now or hereafter provided by law for the computation, extension and collection of taxes for general corporate purposes of the City, and when collected, the taxes hereby levied shall be placed to the credit of a special fund to be designated "City of Elgin Special Service Area Number Four Bond and Interest Fund of 1985" (the "Bond Fund" ) , which fund is hereby irrevocably pledged to and shall be used only for the purpose of paying the principal of and interest on the Bonds. -16- 44 VOLUME L Section S. Creation of Funds and Appropriations. From the amounts received upon sale of the Bonds, all principal pro- ceeds shall be deposited into the "Special Service Area Number Four Project Fund" (the "Project Fund" ) , hereby created; and dis- bursements shall be made from the Project Fund only for the pur- poses for which the Bonds are being issued and for which the principal proceeds are hereby appropriated. Accrued interest and premium, if any, on the Bonds shall be and are hereby appropriated for the purpose of paying first interest due on the Bonds and, to that end, are hereby ordered deposited into the Bond Fund, which fund shall be the fund for the payment of principal of and interest on the Bonds. Taxes received for the payment of the Bonds shall be deposited into the Bond Fund and used solely and only for paying the Bonds. Section 9. Non-Arbitrage. The City represents and certifies as follows with respect to the Bonds: (a) The City has heretofore incurred, or within six months after delivery of the Bonds expect to incur , sub- stantial binding obligations with respect to the Project to be paid for with money received from the sale of the Bonds, said binding obligations comprising binding contracts for work on the Project in not less than the amount of $100,000 . (b) All of the proceeds of the Bonds and investment earnings thereon will be expended on or before January 1, 1988, for the purpose of paying the costs of the Project. (c) Work on the Project is expected to proceed with due diligence to completion. (d) No acquisition or improvement made as a part of the Project has been or is expected to be sold or otherwise disposed of in whole or in material part prior to the last maturity of the Bonds. "Material part" means (i) land, or -17- VOLUME L 45 (ii) any improvement, or (iii) personal property or fixtures in excess of that which is expected to be sold, traded in or discarded upon wearing out or becoming obsolete. (e) The City will receive par plus accrued interest - from the sale of the Bonds. Accrued interest on the Bonds and said premium, if any, are to be deposited into the Bond Fund and used to pay first interest coming due on the Bonds. (f) Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund, reserve fund or any other similar fund to provide for the payment of the Bonds. (g) The foregoing statements of expectation are based upon the following facts and estimates: (1) Amounts shown as received will be received pursuant to contract of sale. ( 2) Amounts paid or to be paid into various funds and accounts have been directed to be paid into said funds and accounts by authority hereof or are expected to be so directed to be paid by further proceedings. (3) The anticipated dates of the obligation of and expenditure of money in the Project Fund derived from the sale of Bonds and the amount to be spent on or before such dates is based upon consultation with the engineers charged with responsible supervision of the Project. (h) If at any time after the third anniversary of the date of issuance of the Bonds, the amount of money in the Project Fund exceeds $225,000 the amount of money then in the Project Fund in excess of said sum of $225,000 shall not be invested at a yield "materially higher" (as defined in the Treasury Regulations hereinafter cited) than the yield on the Bonds unless the City Council receives an opinion from an attorney or a firm of attorneys of nationally recog- nized standing in matters pertaining to tax-exempt bonds to the effect that investment of such moneys at a yield mater- ially higher than the yield on the Bonds will not result in the inclusion of interest on the Bonds in gross income for federal income tax purposes. (i) In valuing the moneys on deposit in the Project Fund at any time for the purposes of complying with the foregoing paragraph, investments will be taken into account at purchase price with the following exception: if an -18- i 46 VOLUME L investment is purchased at a discount or results in interest payments for any annual period in excess of interest pay- ments for any preceding annual period ( reflecting the annual reinvestment of accrued interest as principal) , the amount of such discount or excess interest (not discounted to present value) shall be added to the purchase price ratably each year over the term of the investment. The yield on investments shall be calculated on the basis of the actual payments received from and the price paid for such invest- ments. ( j ) To the best of the knowledge and belief of the City Council, there are no facts, estimates or circumstances that would materially change the conclusions and representations set out in this section, and the expectations set out in this Section are reasonable. (k) The City has not been notified of any disquali- fication or proposed disqualification of it by the Commis- sioner of the Internal Revenue Service as a bond issuer which may not certify bond issues under Treas. Reg. $1.103-13 (a) (2) (ii) (1979) . The City Council also certifies and further covenants with the purchasers and holders of the Bonds from time to time outstand- ing, that so long as any of the Bonds remain outstanding, moneys on deposit in any funds or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and any lawful regulations promulgated or proposed thereunder, including Treas. Reg. Sections 1.103-13, 1.103-14 and 1.103-15, as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The City Council reserves the right, however, to make any investment of such moneys permitted by Illinois law if, when and to the -19- VOLUME L 47 extent that said Section 103(c) or regulations promulgated there- under shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, result in making the interest on the Bonds subject to federal income taxation. Section 10. Registered Form. The City recognizes that Section 103( j ) of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 11. List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the holders of all Bonds and upon any transfer shall add the name and address of the new Bondholder and eliminate the name and address of the transfer or Bondholder . Section 12. Duties of Bond Registrar. If requested by the Bond Registrar, the Mayor and City Clerk are authorized to execute the Bond Registrar 's standard form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar hereunder which may include the following: -20- 48 VOLUME L (a) to act as bond registrar, authenticating agent, paying agent and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential; (c} to give notice of redemption of Bonds as provided herein; (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (f) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. Section 13. Publication of Ordinance. A full, true and complete copy of this ordinance shall be published within thirty (30) days after adoption in Daily Courier News, the same being a newspaper published and of general circulation in the City. Section 14. Superseder and Effective Date. All ordi- nances, resolutions and orders, or parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this ordinance shall be in full force and effect immediately upon its passage, approval and publication. -21- VOLUME L 49 AYES: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales , Waters and Mayor Verbic. MAYS: None ABSENT: None ADOPTED: January 14, 1985. APPROVED: January 14, 1985. s/ Richard L. Verbic Mayor , City of Elgin, Kane and Cook Counties, Illinois Attest: s/ Marie Y ed+ma n City Clerk, City of Elgin, Kane and Cook Counties, Illinois Recorded In City Records: January 14 1985. Published in Daily Courier News on , 1985. ORDINANCE PASSED RECLASSIFYING PROPERTY AT THE ELGIN-O ' HARE BUSINESS CENTER FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO B-3 SERVICE BUSINESS DISTRICT Councilwoman Shales made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. -22- 50 VOLUME L Ordinance No. GI-85 AN ORDINANCE RECLASSIFYING PROPERTY AT THE ELGIN-O'HARE BUSINESS CENTER FROM R 2 SINGLE FAMILY RESIDENCE DISTRICT TO B-3 SERVICE BUSINESS DISTRICT WHEREAS, written application has been made to reclassify certain property located at the Elgin-O'Hare Business Center from R-2 Single Family Residence District to B-3 Service Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the R 2 Single Family Residence District and including in the B-3 Service Business District, the following described property: That part of Section 34, Township 42 North, and that part of Section 2, Township 41 North, all in Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast quarter of said Section 34; thence South 00 degrees 17 minutes 38 seconds East, along the East line of said Southeast quarter, a distance of 1823.74 feet to a point that is 830 59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter; thence North 89 degrees 17 minutes 42 seconds West, a distance of 576.00 feet, along a line that is parallel with a line drawn Westerly (this line hereafter referred to as Line "A") from a point on the East line of said Southeast quarter that is 74 30 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast quarter of a point (this point hereafter referred to as Point "B") on the West line, extended Northerly, of the Northwest quarter of Section I, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly of (as measured along said West line, extended Northerly) the Northwest corner of said Northwest quarter; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast quarter of Sec- tion 34, a distance of 756.29 feet to the aforesaid Line "A"; thence North 89 degrees 17 minutes 42 seconds West, along said Line "A", a distance of 939.48 feet to the aforesaid Point "B'; thence North 89 degrees 26 minutes 37 seconds West (this line hereafter referred to as Line "n"), a distance of 966.65 feet to a point hereafter referred to as Point "E") that is 78.93 feet Northerly of a point on the South line of said Southeast quarter that is VOLUME 1 51 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast quarter; thence South 89 degrees 26 minutes 37 seconds East, along aforesaid Line "D", a distance of 14.23 feet for the point of beginning; thence North 89 degrees 26 minutes 37 seconds West, along said Line "D", a distance of 14.23 feet to aforesaid Point "E"; thence North 83 degrees 33 minutes 33 seconds West, a distance of 154.85 feet to an existing iron stake, as per Document No. 847720, that is 94.93 feet Northerly of the Southwest corner of said Southeast quarter, as measured along a line that bears North 04 degrees 05 minutes 00 seconds East from said Southwest corner; thence North 57 degrees 02 minutes 39 seconds West, a distance of 364.15 feet to an existing iron stake, as per Document No. 847720; thence North 34 degrees 40 minutes 50 seconds West, a dis- tance of 503.57 feet to an existing iron stake, per Document No. 847720; thence North 25 degrees 19 minutes 30 seconds West, a distance of 634.80 feet to an existing iron stake, per Document No. 847720; thence North 07 degrees 53 minutes 59 seconds East, a distance of 875.68 feet along a line hereafter referred to as Line "F", to the Southwest corner of Lot 5 of Miller's Hangars, being a subdivision of part of said Section 34; thence continuing North 07 degrees 53 minutes 59 seconds East along the West line of said Lot 5 and along a part of the West line of Lot 4 of said Miller's Hangars, being along the Northerly extension of said Line "F", a distance of 295.16 feet to a point on the West line of said Lot 4 that is 54.84 feet Southerly of (as measured along said West line) the Northwest corner of said Lot 4; thence North 47 degrees 34 minutes 41 seconds West, a distance of 17.58 feet for a point of curve; thence Westerly along a curve to the left having a radius of 404.18 feet and a chord bearing of North 54 degrees 26 minutes 12 seconds West and being tangent to the last described course, an arc distance of 96.77 feet to a point on a line that is 99.98 feet Westerly of (as measured at right angles) and parallel with the aforesaid Line "F"; thence South 07 degrees 53 minutes 59 seconds West along said parallel line, a distance of 1049.55 feet to a point that bears North 07 degrees 35 minutes 21 seconds East, 204.00 feet from a right of way monument stone; thence South 07 degrees 35 minutes 21 seconds West, a distance of 204.00 feet to said right of way monument stone; thence South 24 degrees 39 minutes 30 seconds East, a distance of 663.58 feet to a right of way monu- ment stone; thence South 34 degrees 28 minutes 19 seconds, East, a distance of 546.22 feet to a right of way monument stone; thence South 62 degrees 04 minutes 00 seconds East, a distance of 422.99 feet to a point that bears North 04 degrees 05 minutes 00 seconds East; 15.13 feet from the Southwest corner of the Southeast quarter of Section 34 aforesaid; thence Easterly along a curve to the left having a radius of 5491.00 feet and a chord bearing of South 85 degrees 24 minutes 59 seconds East, an arc distance of 466.76 feet to a point on a curve having a radius of 640.43 feet and a chord that bears South 71 degrees 09 minutes 56 seconds East, 307.83 feet from the point of beginning; thence Northwesterly along said curve, being along a curve to the right, an arc distance of 310.88 feet to the point of beginning. Containing 6.87 acres more or less. Being situated in the City of Elgin, Kane County, Illinois." 52 VOLUME L Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14 1985 Passed: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Pub I ished: iAttest: s/ Marie Yeaan Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT AT WEST HIGHLAND AVENUE AND NORTH DUBOIS Councilwoman Shales made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. IL VOLUME L 53 Ordinance No. G2 85 AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT AT WEST HIGHLAND AVENUE AND NORTH DuBOIS AVENUE WHEREAS, written application has been made for a special use a residential planned unit development in an R-2 Single Family Residence District located in the vicinity of West Highland Avenue and North DuBois Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has recommended granting a special use for a residential planned unit development as requested upon certain terms and conditions; and WHEREAS, the City Council of the City of Elgin has reviewed the recommendations of the Land Use Committee and concurs in said recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 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 residential planned unit development at West Highland Avenue and North DuBois Avenue, Elgin, Illinois, legally described as follows: The East 20.0 feet of that part of the Northeast Quarter of Section 15 Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Southerly line of Lawrence Avenue, with the East line of Wing Park Boulevard; thence Southerly along the East line of Wing Park Boulevard 495 feet; thence Easterly at right angles to said East line 189.11 feet for the point of beginning; thence Easterly along the last described course to a line drawn from a point in the Northerly line of Highland Avenue 243.30 feet Westerly from the Southwest corner of McQueen's Addition to Elgin to a point in the Southerly line of said Lawrence Avenue 109.80 feet Westerly from the Northwest corner of Block 4 of Geo. E. Linkfield's Addition to Elgin; thence Southerly along said line to the Northerly line of said Highland Avenue; thence Westerly along said Northerly line 136.9 feet to a line drawn Southerly parallel with the East line of said Wing Park Boulevard, from the point of beginning; thence Northerly along said parallel line 187.33 feet to the point of beginning. ALSO 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 Southwest corner of McQueen's Addition to Elgin; thence Northwesterly along the Northerly line of Highland Avenue, a distance of 212 60 feet to a point on a line that is 30.0 feet West of (measured at right angles thereto) and parallel with the center line 54 VOLUME L extended of DuBois Avenue for the place of beginning; thence Northerly along said parallel line, a distance o" 287.55 feet; thence Southeasterly parallel with the Northerly line of Highland Avenue, a distance of 196.21 feet to the Westerly line of McQueen's Addition to Elgin as aforesaid; thence Northwesterly along said Westerly line and along the Westerly line of Geo. E. Linfield's Addition to Elgin, a distance of 197 5 feet to a point 200.0 feet Southeasterly of (measured along the Westerly line of Geo. E. Linkfield's Addition to Elgin) the Southerly line of Lawrence Avenue; thence Northwesterly parallel with the Southerly line of Lawrence Avenue, a distance - 168.5 feet to the center line extended of DuBois Avenue; thence Northerly along said center line extended, a distance of 35.13 feet to a point 143.0 feet Southerly of (measured along said center line extended) the Southerly line of Lawrence Avenue; thence Northwesterly parallel with the Southerly line of Lawrence Avenue, a distance o' 188.93 feet to a point on a line that is 140 0 feet East of and parallel with the East line of Wing Park Boulevard; thence Southerly along said parallel line a distance of 92.10 eet; thence Easterly at right angles to the last described course, a distance of 40.0 feet; thence Southerly parallel with the East line of Wing Park Boulevard, a distance of 230 0 feet; thence Easterly at right angles to the last described course, a distance of 148.81 feet to the center line extended of DuBois Avenue; thence Southerly along said center line extended, a distance o' 216.88 feet to the Northerly line of Highland Avenue; thence Southeasterly along said Northerly line, a distance of 30.75 feet to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Submission and approval of a Final Plat in substantial conformance to the Preliminary Plat prepared by Hengtgen and Minehart, dated October 28 1984. 2. Existing healthy vegetation is to be maintained and preserved, except that existing vegetation in conflict with building sites or the location of required site improvements. 3. A park site cash contribution in the amount of $1,075.32 payable prior to the issuance of a building permit. 4. A school site cash contribution in the amount of $747.60 payable prior to the issuance of a building permit. 5. Compliance with all other applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME L 55 Presented: January 14, 1985 Passed: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Mar ice`a Yea rrr�n Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR A PRIVATE SCHOOL AND CHURCH I� Councilman Hansen made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 56 VOLUME L Ordinance No. G3-85 AN ORDINANCE GRANTING A SPECIAL USE FOR A PRIVATE SCHOOL AND CHURCH WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a private school and church on West Highland Avenue in Elgin, Illinois; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I That the City Council of the City of Elgin hereby adopts the findings of fact made by th^ Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a private school and church on West Highland Avenue, Elgin, Illinois, legally described as follows: Of that part of the East half of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Section 8; thence North 89 degrees 41 minutes 46 seconds West, along the North Line of said Section 8, a distance of 1134.97 feet (record being 1139.38 feet); thence South 00 degrees 02 minutes 50 seconds West, along a line that if extended Southerly would intersect the South Line of said Section 8 at a point that is 1067 26 feet (record being 1065 24 feet) Westerly of, as measured along said South Line, the Southeast corner of said Section 8 (this line hereafter referred to as "Line A"), a distance of 370.0 feet; thence North 49 degrees 44 minutes 45 seconds West, a distance of 410 0 feet; thence North 40 degrees 15 minutes 15 seconds East, a distance of 50 0 feet; thence North 49 degrees 44 minutes 45 seconds West, a distance of 200.0 feet; thence North 18 degrees 15 —inutes'15 seconds East, a distance of 360.0 feet; thence North 78 degrees 44 minutes 45 seconds West, a distance of 310 0 feet; thence South 34 degrees 15 minutes 15 seconds West, a distance of 310.0 feet; thence South 00 degrees 18 minutes 14 seconds West, a distance of 204.24 feet to the South Line of the Southeast Quarter of Section 5 Township and Range aforesaid; thence South 89 degrees 41 minutes 46 seconds East, along said South line, a distance of 360.40 feet to a point that is 440.0 feet Westerly of "Line A", as measured along the South line of said Section 5; thence South 00 degrees 02 minutes 50 seconds West, parallel with said "Line A", a distance of 884.95 feet; thence South 89 degrees 57 minutes 10 seconds East, a distance of 407.0 feet to a point on a line that is 33.0 feet Westerly of, as measured at right angles and parallel with said "Line A"; thence South 00 degrees 02 minutes 50 seconds West, along said parallel line, a distance - 386.51 feet for the point of beginning; thence continuing VOLUME L 57 South 00 degrees 02 minutes 50 seconds West, along said parallel line, a distance of 1400.0 feet to the center line of Highland Avenue Road as platted on West Highland Acres, being a subdivision of part of said Section 8; thence South 44 degrees 19 minutes 17 seconds East, along said center line, a distance of 47.19 'eet; thence South 44 degrees 36 minutes 23 seconds East, along the center line of Highland Avenue Road as platted on the Third Addition to Almora Heights, being a subdivision of part of Sections 8 and 17, Township and Range aforesaid, a distance of 311.25 feet; thence Southeasterly, along said center line, being along a curve to the left having a radius of 8040.94 feet and being tangent to the last described course, a distance of 310.03 feet to a point that is 471.64 feet, as measured along a line that bears South 09 degrees 53 minutes 43 seconds West, from a point on the South Line of the Northeast Quarter of said Section 8 that is 586.10 feet Westerly of, as measured along said South Line, the Southeast corner of said Northeast Quarter; thence North 09 degrees 53 minutes 43 seconds East, a distance of 471.64 feet to said point on the South line o' the Northeast Quarter; thence North 08 degrees 39 minutes 29 seconds East, a distance of 1219.57 feet to a point that is 764 00 feet, measured along a line that bears South 74 degrees 42 minutes 18 seconds East, from the point of beginning; thence North 74 degrees 42 minutes 18 seconds West, a distance of 764.00 feet to the point of beginning. Being situated in the City of Elgin, Elgin Township, Kane County, Illinois and containing 22.53 acres more or less. 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 Presented: January 14 1985 Passed: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearm n Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC . Councilman Gilliam made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 58 VOLUME L RESOLUTION ACCEPTING THE PROPOSAL OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. 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 the National Center for Municipal Development, Inc. for grant assistance, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14, 1985 Adopted: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie YeaVra n Marie Yearman, City Clerk i RESOLUTION ADOPTED ABATING CERTAIN FUNDS OWED THE CITY OF ELGIN PURSUANT TO AN AN AGREEMENT IN LIEU OF SPECIAL ASSESSMENT WITH 'VARIOUS PROPERTY OWNERS IN RELATIONSHIP TO THE SPRING, DuPAGE AND FULTON STREETSCAPE Councilman Gilliam made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. VOLUME L 59 RESOLUTION ABATING CERTAIN FUNDS OWED THE CITY OF ELGIN PURSUANT TO AN AGREEMENT IN LIEU OF SPECIAL ASSESSMENT WITH VARIOUS PROPERTY OWNERS IN RELATIONSHIP TO THE SPRING, DUPAGE AND FULTON STREETSCAPE WHEREAS, the City of Elgin has previously entered into agreements in lieu of special assessment with various property owners in the area of Spring, DuPage and Fulton Streets to make certain local improvements along and upon the public right of way known as the Spring, DuPage and Fulton Streetscape in the City of Elgin, County of Kane, Illinois; and WHEREAS, pursuant to Paragraph 4 of said agrements each property owner was to pay a sum certain as his share of the cost of said improvements, said payments to be paid either all at once or in ten installments with interest at nine percent per annum; and WHEREAS, said local improvements have now been completed at a cost below that originally estimated to be necessary; and WHEREAS, the City Council of the City of Elgin has determined that it is desirable and equitable to abate the amount owed by the various property owners who entered into agreements in lieu of special assessment with the City so that said cost savings will be reflected. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section I . That the amounts owed by the below described property owners pursuant to Paragraph 4 of the agreements in lieu of special assessment previously entered into between said property owners and the City of Elgin be and is hereby reduced as follows: Amount Due Pursuant to Reduced Amount Due Agreement in Lieu of Pursuant to this Owner/Address Special Assessment Ordinance Al's Cafe and Creamery $ 29688.25 $ 29052.35 W. Alan Berg 43 Fountain Square Plaza The Difference $ 19371.50 $ 1 ,104.41 Harold T. Seigle 61 Fountain Square Plaza No Name Deli & Ice Cream Parlor $ 2,792.25 $ 29180.57 Harold T. Seigle 65 Fountain Square Plaza John's Meat Market $ 39530.25 $ 2,131.51 John P. Scholz 67 & 67 Fountain Square Plaza 60 VOLUME L Beer N' Brat Deli $ 1,586.50 $ 1 ,446.41 John P. Scholz 71 Fountain Square Plaza Porfi's Restaurant $ 2,661.00 $ 2,341.70 Porfirio Salamanca 73 Fountain Square Plaza Elgin Shoe Shine Shop $ 21114.75 $ 1 ,835.68 Victor Sarro 79 Fountain Square Plaza Greater Elgin Senior Citizens Center $ 3,990.25 $ 3,843.25 Bettie Schoenholtz, Director 101 South Grove Avenue Schneider's Recreation $ 7,075.75 $ 6,875.75 Marshall Schneider 113 South Grove Avenue Marshall Schneider $ 3,132.00 $ 2,999.00 Parking Lot on Fulton Section 2. That interest on all outstanding balances shall be abated and shall not begin accruing until February I , 1985. Section 3. That the Finance Director shall forthwith cause notice of these reduc- tions and abatements to be sent to the property owners effected. Section 4. That all other provisions of the agreements in lieu of special assess- ment previously entered into between the City of Elgin and the above described property owners shall remain in full force and effect. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14, 1985 Adopted: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year n Marie Yearman, City Clerk ORDINANCE PASSED AMENDING HOURLY RATES OF PAY FOR CERTAIN PART TIME EMPLOYEES 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. VOLUME L 61 Ordinance No. G4-85 AN ORDINANCE AMENDING HOURLY RATES OF PAY FOR CERTAIN PART TIME EMPLOYEES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I —hat the following hourly rate of pay be and is hereby established for the following part time positions: Crossing Guard $ 5 50/hr. Police Reserve $ 7.30/hr. Police Reserve $ 7.80/hr. (upon completion of the 240 hour Basic Police Course) Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3 That this ordinance shall be in full force and effect on January 6 1985. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14 1985 Passed: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH JOAN BALLENGER & ASSOCIATES , INC . FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilwoman Shales made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 62 VOLUME L RESOLUTION AUTHORIZING AN AGREEMENT WITH JOAN BALLENGER & ASSOCIATES, INC. FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Betsy Armistead, Program Coordinator, to execute an agreement with Joan Ballenger & Associates, Inc. for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14, 1985 Adopted: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE ROADSIDE THEATER FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales , Waters and Mayor Verbic. Nays : None. VOLUME L 63 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ROADSIDE THEATER FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Betsy Armistead, Program Coordinator, to execute an agreement with The Roadside Theater for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14 985 Adopted: January 'I , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH NATIONAL ARTISTS MANAGEMENT COMPANY FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales , Waters and Mayor Verbic. Nays : None. 64 VOLUME L RESOLUTION AUTHORIZING AN AGREEMENT WITH NATIONAL ARTISTS MANAGEMENT COMPANY FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Betsy Armistead, Program Coordinator, to execute an agreement with National Artists Management Company for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14, 1985 Adopted: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED ABATING CERTAIN FUNDS OWED THE CITY OF ELGIN PURSUANT TO AN AGREEMENT IN' LIEU OF SPECIAL ASSESSMENT WITH VARIOUS PROPERTY OWNERS IN RELATIONSHIP TO THE WESTON' AVENUE IMPROVEMENTS Councilman Andersen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. VOLUME L 65 RESOLUTION ABATING CERTAIN FUNDS OWED THE CITY OF ELGIN PURSUANT TO AN AGREEMENT IN LIEU OF SPECIAL ASSESSMENT WITH VARIOUS PROPERTY OWNERS IN RELATIONSHIP TO THE WESTON AVENUE IMPROVEMENTS WHEREAS, the City of Elgin has previously entered into agreements in lieu of special assessment with various property owners in the area of Weston Avenue to make certain local improvements along and upon the public right of way known as Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois; and WHEREAS, pursuant to Paragraph 4 of said agrements each property owner was to pay a sum certain as his share of the cost of said improvements, said payments to be paid either all at once or in ten installments with interest at nine percent per annum; and WHEREAS, said local improvements have now been completed at a cost below that originally estimated to be necessary; and WHEREAS, the City Council of the City of Elgin has determined that it is desirable and equitable to abate the amount owed by the various property owners who entered into agreements in lieu of special assessment with the City so that said cost savings will be reflected. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section 1. That the amounts owed by the below described property owners pursuant to Paragraph 4 of the agreements in lieu of special assessment previously entered into between said property owners and the City of Elgin be and is hereby reduced as follows: Amount Due Pursuant to Reduced Amount Due Agreement in Lieu of Pursuant to this Owner/Address Special Assessment Ordinance Mr. and Mrs. John Canfield $ 89416.67 $ 6,116.14 1307 Larkin Avenue Ms. Marie Koch $ 71055.85 $ 59077.77 18 North Weston Avenue Ms. Velma I. Banke $ 79080.85 $ 5,093.01 12 North Weston Avenue Mr. and Mrs. John Hart $ 5,504.25 $ 3,789.75 9 South Weston Avenue Mr. and Mrs. Gerhard Drews $ 6,939.65 $ 4,972.99 14 South Weston Avenue Mr. and Mrs. Alvin R. Blietz $ 69194.95 $ 49498.17 19 South Weston Avenue 66 VOLUME L Mr. and Mrs. James Sterr icker $ 71148.15 $ 5,192.07 20 South Weston Avenue Mr. Donald R. Pacey $ 10,653.95 $ 8,054.96 25 South Weston Avenue Mr. and Mrs. Pau I Karas $ 7,080.85 $ 5,129.20 26 South Weston Avenue Mr. and Mrs. Raymond Good $ 4,148.36 $ 3,049.61 29 South Weston Avenue Mr. Joseph G. Young $ 2,750.84 $ 1 ,995.83 36 South Weston Avenue Mr. Edward R. Chamberlain $ 1,080.39 $ 778.82 1270 Van Street Section 2. That interest on all outstanding balances shall be abated and shall not begin accruing until February I, 1985. Section 3. That the Finance Director shall forthwith cause notice of these reduc- tions and abatements to be sent to the property owners effected. Section 4. That all other provisions of the agreements in lieu of special assess- ment previously entered into between the City of Elgin and the above described property owners shall remain in full force and effect. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14, 1985 Adopted: January 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: N`Cam.S�. r o ) `' WU s/Marie Yearma Marie Yearman, City Clerk VOLUME L 67 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KANE COUNTY FOR SNOW AND ICE CONTROL ON BIG TIMBER . ROAD Mr. Malm: We have a letter from the County Superintendent of Highways saying that they will resume winter maintenance operations on the road because of the inability to arrive at a mutually satisfactory agreement regarding the maintenance contract. They apparently will not provide insurance for that and they said they will continue to take care of the snow and ice control for that section of road. Councilman Gilliam made a motion, seconded by Councilman Waters to table the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Speer Financial $7,500.00 Services re Ind. Rev. Bonds for Gabriel Realty project. Seyfarth Shaw Fairweather & Geraldson. $3, 238.84 Training sessions for city negotiating team and briefing City Council on upcoming negotiations . Bureau of Testing $2,425.00 Testing 97 Police Officers Elgin Symphony $ 1 ,850.00 Performances of the Lollipops Concert at the Hemmens. Payline West $3,435.52 Repair of 2 tractors . General Motors $2,682. 17 Misc. parts for stock. RTA Buses. Dundee Ave. Auto $2,040.08 Repairs to Squad Car #50. Gromer Supermarkets $5,970.00 Christmas gift certificates and fruit baskets. Ill . Municipal League $2, 700.00 Dues for 1985. Patrick Hines 624 South Street $2, 700.00 Residential Rebate Program Eary Isibue $2, 500.00 Residential Rebate Program Anna Lange 478 Slade Ave. $2,074.50 Residential Rebate Program Dorothy Frederickson 639 Raymond St. $ 1 ,714.59 Residential Rebate Program 68 VOLUME L Councilman Hansen: I have a question on the Speer Financial . billing. Did this application from Gabriel Realty come in before our changes to the IRB procedures. Counsel Jentsch: Yes. Mayor Verbic: Item No. 2 from Seyfarth Shaw Fairweather & Geraldson, I would like to have a breakdown on this bill of $3,238.84. They talked to us for about three/quarters of an hour and I would like to know a little bit more about it. Mr. Maim: One of the things that we did not count on was the petition that was filed and there has been a lot of legal work concerning that petition. As a matter of fact the hearing is on Wednesday the 16th, which necessitated a lot of time, as a matter of fact Mr. Clark is going to be out here tomorrow to discuss the hearing with the staff. Councilman Schmidt: I have one question in regard to number two. Did we as a Council authorize that. Mr. Maim: Mr. Clark and the Seyfarth law firm has been doing the City' s legal work since 1973 - 1974. They have briefed Council in Executive Session on status and negotiations . Mayor Verbic : I don' t think there was any direction from the Council in hiring them, that was a continuance of a policy that was established and it should have been brought up for reevaluation for 1985 or 1985. Especially in 1985 because there has been no discussion on this and what you have done is hire outside counsel without the permission of the City Council . Councilman Hansen: 1 think it would be a good idea to at least review that firm as each contract year comes up. Mayor Verbic: Can you see a difference Dr.Waters or can ' t you. Councilman Waters : 1 can see a difference, but I would just as soon we passed this on. Councilman Schmidt: Well just a minute why pass on this, lets get this resolved. Councilman Gilliam: I will respond to that. There is one big difference, when Mr. Clark made the presentation to us in Executive Session, all seven people were there when he presented the information. That ' s one difference, the information was there. The second difference was no Councilman said I am going to support something and then turn around and go the back-door and sabotage the process . Whether we voted or not we all knew he was working for us. VOLUME L 69 Councilman Schmidt: Yes , we all knew he was there, but was it voted upon. Mr. Malm: From time to time there have been questions regarding the bills and invoices and I recall two or three years ago where a complete detailed breakdown of all City bills, invoiced us by Seyfarth was presented to the City Council , and as I recall since 1973 or 1974, the total amount was in the area of $25,000 and that the ball park for all those negotiations for five employee groups. Councilman Gilliam made a motion, seconded by Councilman Hansen to authorize payment of the aforesaid bills . Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales and Waters. Nays : Mayor Verbic. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for September, 1984 Cemetery Report for November, 1984 City Traffic Committee Minutes 11 /8- 12/ 13/84 Greater Downtown Elgin Commission Minutes 11 /5- 12/3/84 Elgin Human Relations Commission Meeting Minutes 12/5/84 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 Councilman Andersen: I think we have dillydallied long enough about the hiring of a new city manager and I would like to get that process going. I make the motion that we start the search or hire somebody and start the wheels turning . Councilman Hansen: To get this issue on the floor I guess I will second it. Councilman Gilliam: I thought the motion was made to table this until after the election and in order to bring a table off the floor that it had to come from the prevailing side, am I incorrect on that. Mayor Verbic : I don' t remember it as being tabled. Councilman Gilliam: Well I think that is a key question because if it was tabled it would have to be from the prevailing side. Councilman Waters : It is not an issue that has been tabled, any issue that has been voted upon can only be reconsidered when someone from the prevailing side asks for reconsideration, but not just motions that have been tabled. I 70 VOLUME L Counsel Jentsch: I don ' t have the rules in front of me think it is proper for any member to make a motion to take something from the table whether or not he voted for or against it the table. The final action that was taken can only be reconsidered at the next regular meeting. I don' t know what happened on it, I wasn' t present. Councilwoman Shales : I think we need to find that out. Councilman Waters : is it not correct that our ordinance says that an issue that has been voted upon by the Council can only be reconsidered when someone from the prevailing side of the issue has asked for reconsideration. Counsel Jentsch: Well I think that is true where action is taken or action is defeated, but I think the motion to table really is not a decision. if you will give me an opportunity to review -- Councilman Waters : It was not a motion to table. Counsel Jentsch: I do not have the rules in front of me and perhaps I am incorrect, I will find out for you. I will review the matter and give you an opinion. Mayor Verbic: At this particular point do you feel his motion is not in order. Counsel Jentsch: I am inclined to think that if it had been tabled anyone can make a motion to take it from the table, if that is the action that was taken. The problem is we don' t know as we sit here know precisely what action the Council took on that occasion. Councilman Gilliam: I have a question for Councilman Andersen. Are you saying that we should advertise again or go back to the people that we had. Councilman Andersen: I did not have the whole scenario on my mind, I just said lets get this show on the road. Frankly, we were elected under this form of government lets get it in place. If you want the Strong Mayor form of government you are giving the best argument for it I can possibly come up with. Mayor Verbic: I think we should vote on this and have the Counsel advise us of the effect of doing so. Councilman Gilliam: I know Pete has to be thinking about something, do you want to advertise or is there somebody out there. I would have serious questions that this Council should select a city manager when we have three people up, two have decided not to run, one is running and it could be completely new council , and I still think that whoever is elected in April it should be their responsibility to select a new city manager, r VOLUME L 71 f and it was also said before that a city manager is not going to come in, not knowing if the situation is not resolved involving the strong mayor vs city manager type of government. The consultants, Korn/Ferry have said the quality of candidates would not come in because they will wait to see why type of government they would work under and this still has not been decided and it won ' t be decided until April 2nd. So I think you can pass this motion, but you will just be spinning your wheels because you won ' t get the response, we have been through this process. Councilwoman Shales : I want to wait until after the form of government in Elgin is going to have is decided. I don ' t see any point in hiring or searching for a city manager before that time. We may not be in need of one. Councilman Andersen : You still have two years before you could implement any change. I don ' t know where Councilman Gilliam gets his crystal ball to say that no body would take the job, I think there are some people out there that would welcome the challenge, if he thinks people are not equal to it then he has not looked at some of the people I have looked at. Councilwoman Shales : I would just ask that if the majority of Council already has somebody in mind that they would like to hire as a city manager that they be honest enough to bring the name forward right now, lets not go through another charade. If you have someone that you want to hire and you think it is for the good of Elgin then bring him out, don ' t involve me in a charade again. Mayor Verbic: What Mr. Andersen brought up tonight is new to me, but I would be willing to consider someone, and if there is no further discussion I will ask the Clerk to call the roll . Yeas : Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays : Councilmen Gilliam, Shales and Waters . ANNOUNCEMENTS Mayor Verbic made announcments relative to forth coming meetings . ADJOURNMENT Councilman Andersen made a motion, seconded by Councilman Hansen to adjourn the Council Meeting to return to the Committee of the Whole Meeting. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. The meeting was adjourned at 10: 50 p.m. arse Yearman, City Clerk