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HomeMy WebLinkAboutJanuary 28, 1985 CC t VOLUME L January 28, 1985 74 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on January 28, 1985 at 8: 20 p.m. , in the Council Chambers of City Hall . The meeting was called to order by Mayor Verbic. The invocation was given by Dr. Willis Reed of the First Baptist Church of Elgin, and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Absent: None. Also present: Acting City Manager Robert Malm, Corporation Counsel Erwin Jentsch, City Clerk Marie Yearman, and members of staff. MINUTES OF THE JANUARY 14, 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales to approve the January 14, 1985 Council Minutes as published. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales , Waters and Mayor Verbic. Nays : None. COMMUNICATIONS Mr. Miles Stejskal , Route 4, Rohrsen Road: What I would like to speak to the Council about is the proposed landfill on the Mullady Farm. My understanding is that some action was entered into by the Council earlier this evening, I am here as a spokes- person for a group of individuals representing about 100 homes in the area east of Elgin, ranging from Gromer Woods and Sherwood Oaks on the South, all the way up through Rolling Knolls, Berner Road, up to Shoe Factory Road on the North. We also have a number of concerned citizens in areas within the Elgin City limits , specifically, within Parkwood and Blackhawk. The garbage dump would be in Elgin' s front yard, it will be at the eastern entrance to the City, between Golf Road on the South and Shoe Factory on the North. The north end merchants in Elgin and those along Dundee Avenue, Liberty Street, the Jewel area and the new shopping center that was built around the Tru-Value Hardware store would lose the potential business from 200 to 400 homes that could be built in that area under current zoning. 75 VOLUME L Without the construction of those 200 to 400 homes there is the loss of tax revenue for U-46, which we estimate to be upwards of one-half million dollars per year. We understand that if the annexation on the part of Hoffman Estates does not take place there is still a possibility of a dump under the auspices of Cook County. Under either alternative there is a negative impact and that impact is the same for Elgin. For these reasons we would like to solicit your help, your influence and your assistance to prevent the placement of a garbage dump in our respective front yards . Thank you. Mayor Verbic : Thank you very much sir for your informative message this evening. BID FOR COMPUTER ACQUISITION TABLED Councilman Gilliam made a motion, seconded by Councilman Schmidt to table this bid. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT 1001 AND 1015 SUMMIT STREET Roger Dahlstrom: With reference to the proposed annexation agreement staff has one comment. At the time of the public hearing two weeks ago we were under the impression that a couple of items of controversy between the City staff and the Petition were largely a matter of interpretation of wording, not anything of substantial nature. in the interim and in receipt of this Annexation Agreement, specifically on Page 6 of the proposed Agreement, Item (c) , we are not sure the City, certainly not the staff, would have the ability to approve or recommend the approval of this Agreement in that Paragraph (c) appears to be a conflict with a portion of our own subdivision regulations, which require the install - ation of concrete sidewalks on both sides of h e of t he streets, in accordance with City specifications . I don ' t know of any provisions in the subdivision regulations that will allow us or provide for us to specifically estimate or demonstrate the substantial public demand for such a sidewalk and I felt the staff should bring that to the attention of the Council . Mayor Verbic: Roger, what is your request on this . Roger Dahlstrom: I believe that it might be appropriate to delay action on this until we have an opportunity to try to explain to the petitioner once again, and we have discussed this with them, that we simply do not have the authority to grant that particular type of a provision, it is just not provided for in our own ordinance. VOLUME L 76 Councilman Schmidt: Are there sidewalks out there now in other places of business and along the residences . Roger Dahlstrom: Yes, the sidewalk installation requirement has been part of our subdivision regulations. Councilman Schmidt: Has been -- are they in there now. Roger Dahlstrom: No. Councilman Schmidt : Then why all of a sudden do we have to have the church put a sidewalk on the west side of their building when it won ' t even be used. Roger Dahlstrom: Well , it is a requirement of the ordinance, it is not something that is a matter of judgment of the staff. Counsel Jentsch : Roger, is there a subdivision, are they subdividing. Roger Dahlstrom: Yes. Councilman Schmidt : They are not subdividing. Counsel Jentsch: They only put the sidewalk in if they come to you with a subdivision plat and they are not doing that, all they are saying is that we do not have to pay for the sidewalk. They are not saying that the sidewalk will never be put in. Roger Dahlstrom: I stand corrected. Councilman Schmidt made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 77 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (1001 and 1015 Summit Street) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Adopted: January 28, 1985 Vote: Yeas 7 Nays 0 Recorded: �gAttest: f s/ Marie Yea an Marie Yearman, City Clerk i VOLUME L 78 PETITION 1 -85 REQUESTING AN R-2 SINGLE FAMILY RESIDENCE DISTRICT SPECIAL USE FOR AN INSTITUTIONAL DAY CARE CENTER, PROPERTY LOCATED AT 1735 W. HIGHLAND BY THE FIRST BAPTIST CHURCH OF ELGIN Roger Dahlstrom: The Petitioner desires to continue to operate a nursery school /day care center in portions of the educational wing of the First Baptist Church of Elgin The subject property is approximately 9 acres and is improved with a 2 story church and accessory parking. The off-street parking lot is designed to accommodate 219 vehicles . At its regular meeting of January 7, 1985, the Land Use Committee recommended approval of the proposed special use subject to the additional condition. The vote was 4 yes and 0 no. Councilwoman Shales made a motion, seconded by Councilman Andersen to approve Petition 1 -85 . Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. ORDINANCE PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, ESTABLISHING EXTENDED HOURS PERMIT Councilman Andersen made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Councilman Waters : What is magical about 4: 00 a.m. If we are going to go to 4: 00 a.m. , why not go to 6: 00. What is magical about closing down for two hours . City Clerk: It is consistent with Cook County and Dundee licenses, which are 4. 00 a.m. licenses Councilman Waters : The same questions could be asked of them, if we are only doing this in order to allow our vendors to be competitive with our neighboring cities why not make it more competitive, why not go to 6 : 00. Councilman Andersen: I would like to see them close for two hours to clean the place up. George Sotos : The Blue Moon Restaurant for the past two years has lost a competitive advantage to the large restaurants and clubs in the surrounding area. My purpose here is to respecti - 79 VOLUME L vely request the issuance of a 4: 00 a.m. liquor license, which would allow us to compete on an equal basis with Floyd' s in Dundee, Pelso' s in Streamwood, Snuggery, Rusty Pelican, Bentley and Confetti ' s of Schaumburg. A temporary permit is not a solution, we must have a set routine for our security, employment, advertising and control . We cannot negotiate each banquet inquiry on the assumption that a later permit might be granted. Social drinking and intoxicated driving are two separate issues. State and local governments have strict laws governing the drunk driver. We fully agree with the measures that have been taken to reduce the number of intoxicated drivers on the highway. The ultimate responsibility rests with the person who is drinking at home or their place of work and with a bartender who serves an intoxicated person in a public establishment. Morality cannot be legislated, prohibition of the Blue Law are perfect examples of that failure. We have been serving you and your families over the past years and I do believe our record speaks for itself. Mayor Verbic: George, I have not changed my mind, I am against the 4: 00 a.m. closing. I think the purpose of asking for a grant like we do from the State, $50,000 each year for apprehend- ing DWI defeats the purpose of extending hours to 4: 00 a.m. Motor vehicle accidents are the number one cause of death of drunken people under the age of 35. This will provide a greater opportunity for the innocent to be victimized. In granting these extended hours I think we will be compounding our problems . Will the City Clerk call the roll . Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, and Shales . Nays : Councilman Waters and Mayor Verbic. VOLUME L S0 Ordinance No. G13-85 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, ESTABLISHING EXTENDED HOURS PERMIT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 6.06.055 Extended Hours Permit There is hereby established an extended hours permit to allow the retail sale of alcoholic liquor until 4:00 A.M. every day. No extended hours permit shall be issued except to persons holding a valid Class A, AA, C, D or E license and whose establishment includes a restaurant or dining room having a regular dining capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than 150 persons at any one time. Qualified applicants for an extended hours permit shall pay a fee equal to the difference between $2,500 and the license fee paid by such applicant for their then current liquor license. Section 2. That Section 6.06.150(8) of Chapter 6.06 entitled "Offenses by Licensee"be amended to read as follows: B. Sell alcoholic liquor betwen the hours as specified below: Regular Hours Extended Hours (Licensees Not Holding (Licensees Holding an Extended Hours Permit) Extended Hours Permit) Monday through 1:00 AM until 6:00 AM 4:00 AM until 6:00 AM Friday Saturday 2:00 AM until 6:00 AM 4:00 AM until 6:00 AM Sunday 2:00 AM unt i 1 12:00 (noon) 4:00 AM unt i 1 12:00 (noon) Expressly provided, however, that alcoholic liquors may be sold and served on any licensed premises until five a.m. on January I st of each year; provided further and except for holders of an Extended Hours Permit (6.06.055), that the hours of sale may be extended by the Liquor Control Commission for two hours, except on January I, upon written application of any holder of a license who desires to engage in the sale of alcoholic liquor to members of a state or national convention organization in an area of the licensed premises closed to the general public. Applicants for late hour sales shall submit a written application to the Liquor Control Commission describing the organization holding the convention, the number of members estimated to attend and the date or dates of late hour service requested and shall be accompanied by a nonrefundable application fee of twenty-five dollars. A 81 VOLUME L Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Passed: January 28, 1985 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: s/Marie -yp. an Marie Yearman, City Clerk ORDINANCE PASSED ADDING TO THE LIST OF PERMITTED USES IN THE B- 1 COMMUNITY BUSINESS DISTRICT TO PERMIT TATTOO PARLORS Councilman Andersen made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam and Mayor Verbic. Nays : Councilmen Hansen, Schmidt, Shales and Waters . Ramon Rodriquez: We have had the inspection department over there in the place and they showed me things that were wrong with the building, we started to fix up and I already have a lot invested in there. I thought it was decided at the last meeting or I would have held my money back. Mayor Verbic : When we voted two weeks ago it was a preliminary vote and the ordinance is the final form and nothing should have been done on your part until the ordinance was passed. Attorney Randy Johnson: I respectfully ask that my client ' s matter be reconsidered. I think that my client has done everything in regard to what the law is, this certainly is not an illegal matter. Counsel Jentsch: Someone on the prevailing side would have to make the motion to reconsider, and it could be seconded by anyone. Councilman Hansen made a motion to reconsider this issue. Councilman Andersen seconded said motion. VOLUME L 82 Councilman Waters : I would point out that the Planning Commission did vote to recommend denial of this petition. Attorney Johnson: There was a lot of discussion at the Planning meeting regarding just how this could be done. The problem seemed to be in the restriction in the code itself in not providing for all legal businesses . Counsel Jentsch: The first order of business is to determine whether or not you are going to reconsider this, and then if you are going to reconsider it, then these arguments are to follow. Mayor Verbic: 1 would like to have the vote for the reconsideration called. Yeas : Councilmen Andersen, Gilliam, Hansen and Mayor Verbic. Nays : Councilmen Schmidt, Shales and Waters . Mayor Verbic: Now we need a motion for approval of the ordinance. Councilman Andersen made a motion, seconded by Councilman Gilliam to approve the ordinance. Councilwoman Shales : I have voted consistently against this I do not think this is a neighborhood type of business. I am not against having tattoo parlors in Elgin, I don ' t think it is an illegal business, I just don' t think it is an neighborhood business . I would rather see them restricted to the B-3 and B-4 districts . Councilman Schmidt : I changed my vote on this and the reason is that I personally do not like the big red neon that is in the south window of that residence, because the people that live on Enterprise Street on the south side facing north that is the only thing they see. Attorney Johnson: I am sure that my client would be willing to move the sign around to satisfy whatever local interest there was . Mayor Verbic: If there is no further discussion I will have the Clerk call the roll . Yeas : Councilmen Andersen, Gilliam, Hansen and Mayor Verbic. Nays : Councilmen Schmidt, Shales and Waters . 83 VOLUME L Ordinance No. G12-85 AN ORDINANCE ADDING TO THE LIST OF PERMITTED USES IN THE B-1 COMMUNITY BUSINESS DISTRICT TO PERMIT TATTOO PARLORS WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to permit tattoo parlors as an additional permitted use in the B-1 Community Business District; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 19.28.020 of Chapter 19.28 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: "Tattoo Parlor." Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Passed: January 28, 1985 Vote: Yeas 4 Nays 3 Recorded: Published: ��Attest: s/ Marie Yea r Marie Yearman, City Clerk ORDINANCE PASSED ADDING TO THE LIST OF SPECIAL USES IN THE B- 1 COMMUNITY BUSINESS DISTRICT TO PERMIT RESTORATION AND RECONSTRUCTION OF ANTIQUE AUTOMOBILES Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : Councilman Gilliam. i VOLUME L 84 Ordinance No. G11-85 AN ORDINANCE ADDING TO THE LIST OF SPECIAL USES IN THE B-1 COMMUNITY BUSINESS DISTRICT TO PERMIT THE RESTORATION AND RECONSTRUCTION OF ANTIQUE AUTOMOBILES WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to permit the restoration and reconstruction of antique automobiles as an additional special use in the B-1 Community Business District; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 19.28.030 of Chapter 19.28 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: 17. Garage for the Sole and Exclusive Purpose of Restoring and Reconstructing Antique Automobiles, Being Automobiles of at Least 20 Years of Age and/or Similar Foreign Collectible Cars, With No Outside Storage of Automobiles Permitted. Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Passed: January 28, 1985 Vote: Yeas 6 Nays l Recorded: Pub I ished: Attest: f Us/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED GRANTING SPECIAL USE FOR A CHURCH, AT 399 SILVER STREET AND 406 N. CRYSTAL STREET Councilman Waters made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays: None. 85 VOLUME L Ordinance No. G10-85 AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH AT 399 SILVER STREET AND 408 NORTH CRYSTAL STREET, ELGIN, ILLINOIS WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a church at 399 Silver Street and 408 North Crystal Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recom- mendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a church at 399 Silver Street and 408 North Crystal Street, Elgin, Illinois, legally described as follows: Lots I and 2 in Block 4 of McClure's 2nd Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28 LL985 Passed: January �L8, 1985 Vote: Yeas 7 Nays 0 Recorded: Pub Iished: Attest: "CA- ��.� s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR A COMMUNITY SERVICE FACILITY Councilman Waters made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None VOLUME L 86 Ordinance No. G9-85 AN ORDINANCE GRANTING A SPECIAL USE FOR A COMMUNITY SERVICE FACILITY WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a Community Service Facility at 515 West Highland Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Counci I of the City of Elgin concurs in the findings and recom- mendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I . That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for Community Service Facility at 515 West Highland Avenue, Elgin, Illinois, legally described as follows: That part of Lot 2 in Block I of Hawkins and Peck's Addition to Elgin, described as follows: Commencing at the Northwest corner of said lot, thence Southeasterly along the northerly line of said lot 39.62 feet for the point of beginning; thence South 4 degrees 25 minutes West along a joint concrete driveway 81.42 feet; thence North 85 degrees 35 minutes West 3 feet; thence South 4 degreees 25 minutes West along the center line and center line extended of a two car garage, 26.25 feet; thence South 85 degrees 35 minutes East 3 feet; thence South 4 degrees 25 minutes West 34.05 feet to a point in the South line of said lot which is 33.80 feet Easterly of the Southwest corner thereof; thence Easterly along the Southerly line of said lot, 42.20 feet to the Southeast corner thereof; thence Northerly along the Easterly line of said lot 127.33 feet to the Northeast corner thereof; thence Northwesterly along the Northerly line of said lot, 37.80 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. be and is hereby granted. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor i 87 VOLUME L Presented: January 28, 1985 Passed: January 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Pub I ished: ��Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE CITY OF ELGIN ' S PORTION OF CERTAIN SALES TAXES Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. I VOLUME L 88 Ordinance No. T2-85 AN ORDINANCE ABATING THE CITY OF ELGIN'S PORTION OF CERTAIN SALES TAXES WHEREAS, the City of Elgin designated an Enterprise Zone on December 17, 1984, under Ordinance No. G63-84; and WHEREAS, the City of Elgin has submitted an application to the State of Illinois Department of Commerce and Community Affairs for Enterprise Zone certification under the Illinois Enterprise Zone Act (Public Act 82-1019; and WHEREAS, Ordinance No. G63-84 incorporated provisions for local Enterprise Zone reinvestment incentives; and WHEREAS, the Illinois Enterprise Zone Act provides for abatement of the local and state sales tax levied under the Retailer's Occupation Tax Act; and WHEREAS, the City of Elgin has determined that it is desirable to abate sales tax on building materials purchased in the City of Elgin for rehabilitation, reconstruction and construction in the designated Elgin Enterprise Zone; and WHEREAS, for the purposes of this ordinance, building materials shall be defined as materials which become part of realty or a structure within the Elgin Enterprise Zone; and WHEREAS, the City of Elgin has proposed a procedure to effect the abatement of sales taxes on building materials used within the Elgin Enterprise Zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That the City of Elgin shall abate its portion of the sales tax levied under the Retailer's Occupation Tax Act for building materials used in the rehabilitation, reconstruction and construction of real estate improvements located in the designated Elgin Enterprise Zone. Section 2. That such abatement shall be effective upon State of Illinois certifica- tion of the Elgin Enterprise Zone. Section 3. That such abatement shall continue in effect for the term of Enter- prise Zone certification. Section 4. That the City Manager is authorized to establish formal procedures to effect such tax abatement. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor 89 VOLUME L Presented: January 28, 1985 Passed: January 28, 1985 Vote: Yeas 7 Sys 0 Recorded: Pub I ished: rAttest: s/ Marie Yea�'Fnan Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE PROVISIONS OF THE RESIDENTIAL REHABILITATION GRANT PROGRAM 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. VOLUME L 90 Ordinance No. G7-85 AN ORDINANCE AMENDING THE PROVISIONS OF THE RESIDENTIAL REHABILITATION GRANT PROGRAM WHEREAS, the City of Elgin has heretofore established a residential rehabilitation grant program to encourage the rehabilitation of older housing units which are in dis- repair or deteriorated; and WHEREAS, the City of Elgin desires to expand the residential rehabilitation program to allow grants for those individuals who own dwelling units which the Building Official determines to be unfit for human occupancy; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of the State of Illinois and is authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, it is within the government and affairs of the City of Elgin and in the interest of the public health, safety and welfare to promote the rehabilitation of the deteriorating residential buildings in the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I . That Section 5 of Ordinance No. G42-77, as amended by Ordinance Nos. G28-78, G28-79, G45-79, G27-83 and G27-84, be and is hereby amended to read as follows: "E. Grants. The grant percentage otherwise applicable to any program participant located within the City of Elgin's Enterprise Zone, as designated under Ordinance No. G63-84 and certified under the Illinois Enterprise Zone Act (Public,Act 82-1019) shall be increased by 5 percent (5%)." Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. S/ Richard L. Verbic Richard L. Verbic, Mayor 91 VOLUME L Presented: January 28, 1985 Passed: January 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED PROHIBITING RIGHT TURN ON RED SIGNAL AT CERTAIN INTERSECTIONS IN THE CITY OF ELGIN 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. VOLUME L 92 Ordinance No. G6-85 AN ORDINANCE PROHIBITING RIGHT TURN ON RED SIGNAL AT CERTAIN INTERSECTIONS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.20 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of designated places where right turns are prohibited against a steady red signal under Section 1 1.20.060C(4) the following: Westbound on Royal Boulevard turning north onto North McLean Boulevard. Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Passed: January 28, 1985 Vote: Yeas 7 NaysO Recorded: Pub I ished: ,��Attest: �A x-j .��' s/ Marie Yen M arie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AGREEMENTS WITH COMMONWEALTH EDISON CO. Councilman Waters made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. I 93 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH COMMONWEALTH EDISON COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, be and are hereby authorized and directed to execute agreements on behalf of the City of Elgin with the Commonwealth Edison Company for electrical service to the Elgin Softball Complex, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28 985 Adopted: January �L , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie YearWian Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE Councilwoman Shales made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales , Waters and Mayor Verbic. Nays : Nay: None. I VOLUME L 94 RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE WHEREAS, the City of Elgin has heretofore agreed to contribute a maximum of $44,871 to be paid semi-annually for the support of the Visitors and Con- vention Bureau Program during 1985; and WHEREAS, the efforts and activities of the Visitors and Convention Bureau Program contribute to the public welfare; and WHEREAS, the efforts and activities of the Visitors and Convention Bureau Program promote the public purposes of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Finance Director is hereby authorized and directed to make quarterly payments as invoiced by the Elgin Area Chamber of Commerce for the support of the Visitors and Convention Bureau Program. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Adopted: January 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: r 0 s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE Councilman Hansen made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and s :Mayor Verbic. Nays : Y None. 95 VOLUME L RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE WHEREAS, the City of Elgin has heretofore agreed to contribute a maximum of $21 ,200 to be paid quarterly for the support of the Economic Development Commission during 1985; and WHEREAS, the efforts and activities of the Economic Development Commis- sion contribute to the public welfare; and WHEREAS, the efforts and activities of the Economic Development Commis- sion promote the public purposes of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Finance Director is hereby authorized and directed to make quarterly payments as invoiced by the Elgin Area Chamber of Commerce for the support of the Economic Development Commission. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Adopted: January 28, 1985 Vote: Yeas 7 Nays 0 Recorded: +AtQtest: s/ Marie Yearm�in Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING RATES AND CHARGES FOR WATERMAINS AND WATER SERVICES Councilman Andersen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Verbic. Nays : Councilman Schmidt. I VOLUME L 96 RESOLUTION ESTABLISHING RATES AND CHARGES FOR WATERMAINS AND WATER SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following rates and charges be and are hereby established for services performed by the City of Elgin, effective February I, 1985: Water Service Installation Costl *111 *1 94 4" 6" 8" New Subdivision 345 385 1550 1765 2130 Unimproved City Street 785 825 1865 2045 2395 Sealcoated (no curb & gutter) Improved City Street 830 870 1975 2190 2550 (Blacktop) Improved City Street 1 195 1235 2270 2490 2850 (Blacktop and Concrete) Federal, County or State 1325 1375 4160 4460 4850 Highway or Four Lane City Streets *Note: a. A 5/8" water meter is included with the I" and 19411 water service. b. The costs of water service installation for I" and I%" services in the New Subdivision category are based on order of 3 or more, if order is less than 3, add $60 per service. c. A remote read system is additional and shall be required for each new single family residence. d. If service installation is a replacement of an equivalent size and the some intended usage, subtract $45 from installation cost. I Note: a. The cost of a water meter for 4", 6" and 8" services shall be meter price plus 10 percent and size of the meter will be based on usage. b. The installation of any sized service in the Central Business District (CBD), including the Fountain Square Plaza Mall, and other areas as described shall be on a time and material basis. The CBD shall include the area bounded on the west by the Fox River, north by Kimball Street, east by Dundee and Villa Streets and on the south by National Street. Any new or improvement of existing services in the Fountain Square Plaza Mall will be discouraged, or not permitted. Service will be provided from the streets bounding Fountain Square Plaza Mall. 97 VOLUME L Water Mains (excludes mains installed by subdivider $ 10.00 per front foot or covered by a special reimbursement ordinance) Turn Off/On for Non-Payment $ 12.00 Temporary Out of Service - (Remove and Reinstall $ 15.00 Water Meter) Charge to be made upon reinstallation of meter Cleaning Water Service Lines with Service Machine $ 35.00 Remote and Insta I lat ion Cost $ 25.00 Check Returned $ 5.00 S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Adopted: January 28, 1985 Vote: Yeas 6 Nays 1 Recorded: Attest: s/ Marie Yeaan Marie Yearman, City Clerk RESOLUTION ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1965 Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. VOLUME L 98 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1985 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of City Council Meetings for 1985 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 1985 Committee of the Whole Meeting January 14, 1985 6:30 P.M. Elgin City Council Meeting January 14, 1985 8:00 P.M. Committee of the Whole Meeting January 28, 1985 6:30 P.M. Elgin City Council Meeting January 28, 1985 8:00 P.M. Committee of the Whole Meeting February 11, 1985 6:30 P.M. Elgin City Council Meeting February 11, 1985 8:00 P.M. Committee of the Whole Meeting February 25, 1985 6:30 P.M. Elgin City Council Meeting February 25, 1985 8:00 P.M. Committee of the Whole Meeting March 11, 1985 6:30 P.M. Elgin City Council Meeting March I I, 1985 8:00 P.M. Committee of the Whole Meeting March 25, 1985 6:30 P.M. Elgin City Council Meeting March 25, 1985 8:00 P.M. Committee of the Whole Meeting April 8, 1985 6:30 P.M. Elgin City Council Meeting April 8, 1985 8:00'P.M. Committee of the Whole Meeting April 22, 1985 6:30 P.M. Elgin City Council Meeting April 22, 1985 8:00 P.M. Committee of the Whole Meeting May 13, 1985 6:30 P.M. Elgin City Council Meeting May 13, 1985 8:00 P.M. Committee of the Whole Meeting May 28, 1985 6:30 P.M. Elgin City Council Meeting May 28, 1985 8:00 P.M. Committee of the Whole Meeting June 10, 1985 6:30 P.M. Elgin City Council Meeting June 10, 1985 8:00 P.M. Committee of the Whole Meeting June 24, 1985 6:30 P.M. Elgin City Council Meeting June 24, 1985 8:00 P.M. Committee of the Whole Meeting July 8, 1985 6:30 P.M. Elgin City Council Meeting July 8, 1985 8:00 P.M. Committee of the Whole Meeting July 22, 1985 6:30 P.M. Elgin City Council Meeting July 22, 1985 8:00 P.M. Committee of the Whole Meeting August 12, 1985 6:30 P.M. Elgin City Council Meeting August 12, 1985 8:00 P.M. Committee of the Whole Meeting August 26, 1985 6:30 P.M. Elgin City Council Meeting August 26, 1985 8:00 P.M. Committee of the Whole Meeting September 9, 1985 6:30 P.M. Elgin City Council Meeting September 9, 1985 8:00 P.M. Committee of the Whole Meeting September 23, 1985 6:30 P.M. Elgin City Council Meeting September 23, 1985 8:00 P.M. Committee of the Whole Meeting October 14, 1985 6:30 P.M. Elgin City Council Meeting October 14, 1985 8:00 P.M. Committee of the Whole Meeting October 28, 1985 6:30 P.M. Elgin City Council Meeting October 28, 1985 8:00 P.M. Committee of the Whole Meeting November 11, 1985 6:30 P.M. Elgin City Council Meeting November 11, 1985 8:00 P.M. 99 VOLUME L Committee of the Whole Meeting November 25, 1985 6:30 P.M. Elgin City Council Meeting November 25, 1985 8:00 P.M. Committee of the Whole Meeting December 9, 1985 6:30 P.M. Elgin City Council Meeting December 9, 1985 8:00 P.M. Committee of the Whole Meeting December 23, 1985 6:30 P.M. Elgin City Council Meeting December 23, 1985 8:00 P.M. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Adopted: January 28, 1985 Vote: Yeas 7 NoysO Recorded: Attest: II�.J�CA-A-Al-A—) s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING SANITARY SEWER AND WATERMAIN IN UNIT 2 OF WILLIAMSBURG COMMONS Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales , Waters and Mayor Verbic. Nays : None. VOLUME L 100 RESOLUTION ACCEPTING SANITARY SEWER AND WATERMAIN IN UNIT 2 OF WILLIAMSBURG COMMONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the sanitary sewer and watermain in Unit 2 of Williamsburg Commons. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 28, 1985 Adopted: January 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Library Restaurant $ 104, 029.06 Loan Assistance package. Woodland Landfill Inc. $ 15, 233. 10 1984 refuse charges. Ion Exchange Products $ 2, 796.05 Purchase of distilled water system Councilman Gilliam made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for September, 1984 Public Works Report for November, 1984 Transportation Operations Report for November, 1984 Building Permit Report for December, 1984 Building Permit Report 1975- 1984 Parking Lot Revenues 12/ 1 /83 through 11 /30/84 Elgin Beautification Commission Minutes 10/22/84 Heritage Commission Minutes 11 / 14/84 Heritage Commission Minutes 12/ 13/84 Councilman Gilliam made a motion, seconded by Councilman Waters to place the above reports on file. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. 101 VOLUME L RECOGNIZE PERSONS PRESENT Tryst Anderson, 620 Enterprise: For a number of years I have heard stories that Elgin could have had the University of Illinois, that they could have had the Belvidere Plant, and that they could have had Spring Hill , and I have always passed that off to rumor or wive' s tales, but when my children grow up and hear stories that Elgin could have had the Saturn GM Plant I will be able to tell them it is a true story. My question to the City Council tonight is why the City Council and the Economic Development Commission did not present a proposal to the State of Illinois to get the GM Plant in Elgin. Is the Counc i 1 aware of th i s proj ect. Mayor Verbic: I certainly am Tryst and I am also aware of all the other cities that applied for it and I am well aware that the EDA in Elgin did not apply for it. Tryst Anderson: It wasn ' t even on the Economic Development Commission ' s agenda at the last meeting and Ed Kelly was at the meeting of a group of 100 communities in Illinois and I think it is a shame that the City of Elgin does not have enough pride and confidence in its own Economic Development Commission or City Council that they cannot pursue a one billion dollar develop- ment that would have six thousand jobs . Councilman Andersen: I thought I heard the wagon rattling one time about a Director of Economic Development but that is all the further it got. Mr. Malm: I don' t want to speak for the Economic Development Commission, but I believe that size of project is not compatible with the goals that organization established. I think they have purposely precluded large industrial sites from their vision. Mayor Verbic: The policy of the Economic Development Commission has been one of attracting small and medium size businesses so in the time of a recession you do not have that big drop of one big employer having people laid off. Frank Wilson, 108 Plum Street When you originally put the Larkin Home on Plum Street the Council voted there would be certain ways to park on that street. They moved there in 1977 and I have had my car wrecked four times . have to get up in the morning one hour earlier to get my wife' s car out so she can go to work. Councilman Gilliam: I think the minutes reflect that we talked about no parking or limited parking in front of the Larkin home, because it is a very narrow street. There were some parking restrictions and guidelines that were supposed to be followed and I think Mr. Wilson is saying they have not been followed. VOLUME L 102 Frank Wilson: We have called the police and they say there is nothing they can do because there are no rules or guidelines to go by. Councilman Schmidt: Could this be turned over to the Traffic Committee, and let them come up with a recommendation. Mr. Malm: They would investigate the parking situation and come up with some alternatives . Mayor Verbic: We will turn it over to the Traffic Committee and see if we can get some action on it. Council Discussion Councilman Hansen: Can we discuss and take some action on this memorandum regarding the search for a city manager affair. just of this tonight and if ad J 9 9 I re this correctly the motion and vote taken two weeks ago was not effective and to make that effective we would need to essentially rescind the action of October 29, 1984, so to get this thing back on the floor in a proper way I would make a motion that we in fact do rescind the the action of the City Council taken on October 29, 1984, stating that action taken referring to delaying the selection of a city manager. I will make a motion to rescind that action right now. Councilman Andersen: I will second that. Yeas : Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays : Councilmen Gilliam, Shales and Waters . Councilman Schmidt: Inasmuch as this has been rescinded and I have given this careful consideration and thought about hiring a new city manager and I have come to the conclusion that it is our obligation as seven Council people to go out and hire a new city manager. I feel that the new people that will be taking over the three places that will be vacated here do not have the experience and do not know what to look for in a city manager. Therefore I am going to make a motion that we hire a city manager. Councilman Andersen: I will second that. Councilman Waters : We have four meetings after tonight, two months, is it the plan of the majority tonight that a search would be re- opened, that candidates would be given the opportunity to apply, we go through the same Korn/Ferry firm. I would like to know what it is that we are being told we are going to do. Mayor Verbic: I don ' t believe that I can answer your question at this particular point. Councilman Andersen: I was on record from day one that we should not cease and desist from hiring a city manager, that is why I brought it up a couple of weeks ago. We were elected under the Council -Manager form of government, we have been without one for approximately nine months and I say let the motion go forward. 103 VOLUME L Councilman Waters : All I am asking is what does the motion mean. What are we going to do now that we are going to hire a city manager. Councilman Schmidt: I think the motion means that we have had candidates given to us by Korn/Ferry and I believe there are five that are still available and we could select one of the five. Councilman Gilliam: Are we going to do that tonight, or are we going to go into Executive Session, or are we going to hold a public meeting. I am willing to participate, just tell me when you are going to meet. Councilman Hansen: I would not be in favor of discussing this in any way, shape or form in an Executive session because don' t think it worked the last time we tried to do that. Councilman Gilliam: No, my question was --- if you want to discuss it right now I have no problem with that. Mayor Verbic: You have a motion on the floor to vote on hiring a city manager and I would like to address that so I will call for the vote. Councilman Waters : I think the discussion is germain to the issue or question on the floor. If we don ' t know what it is that we are voting for how can we in good conscience take the vote. What I am asking is that in fact what the plan is that if this motion is passed we will select one of the five candidates presented by Korn/Ferry. Councilman Andersen: Will the Clerk read the motion again. City Clerk: To hire a city manager. Councilman Gilliam: Does that mean to hire a city manager, a city manager, an individual already selected or does that mean to start the process. Is it a process that we are going to engage in or are we going to select somebody, there is a big difference. Mayor Verbic: I thought 1 heard Councilman Schmidt address that question before. Councilman Gilliam: Explain it to me. Is it a process or an individual that we are going to select tonight. Councilman Schmidt: We will select an individual from the names that were given to us by Korn/Ferry, which were all good candidates. Councilman Gilliam: Fair enough. Mayor Verbic: I would like to call for a vote on the question. Yeas : Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays : Councilmen Gilliam, Shales and Waters . VOLUME L 104 Councilman Andersen: I think we went through five candidates and think there is one left. I make a motion that we offer the man a contract. Mayor Verbic: Who may that be. Councilman Andersen: The fellow from Streamwood, Mr. Emond. make a motion that we give Mr. Emond the opportunity to accept a contract. Mayor Verbic: From what I read in the paper sometime ago he has a three year contract, I don' t know the details of that, but if the interest is in hiring Mr. Emond I would suggest that a committee of two, volunteers, maybe Mrs. Shales, Mr. Andersen and myself speak to him and find out if he is interested in the Elgin position. Councilman Andersen: If he turns us down we are back to square one. Councilman Gilliam: I like to plot the scenario as I see it, Councilman Andersen: Here we go again. Gilliam:C ouncilman G m Do I have the floor. Mayor Verbic: He has a motion on the floor lets get a second before we discuss it. Councilman Hansen : I will second the motion to get it on the floor. Councilman Gilliam: I think the Scenario and I think my predictions are -- normally run true, one I think Mr. Emond has probably been contacted or is aware that he is going to be offered the position. Two, I think the second thing is going to be that the plan or the decision made by the four somewhere away from this table, will be to offer Mr. Emond a three or four year contract with the idea that if he is hired by this Council that the Council that comes in will be afraid or hesitant to purchase or to eat up that contract that has been there for three or four years. can see the scenario coming and I will be willing to bet you that the next motion is going to be that we talk to Mr. Emond, we will offer him a three or four year contract and that will be the motion that will be discussed tonight and I will bet you that. The deal has been cut, the cards have been played, they have been shuffled and dealt, all we are going to do is look at the hand and read them, as the old saying goes read them and weep. Councilwoman Shales : He is apparently making $60,000 income, he has a cadillac and many other benefits, are we prepared to match or better those. Councilman Gilliam: I think we are being naive, I think the deal has been cut. The next motion is going to be that we offer Mr. Emond a contract it will be at least a three year contract. That will be the deal and that will be done tonight. 105 VOLUME L Councilman Waters : If my memory serves me correctly on the date of the previous motion, October 29, 1984, at that same meeting a motion was made to offer a contract to Mr. Emonds and the motion was defeated, it would seem to me that same motion would have to be rescinded. Councilman Hansen: I don ' t think the motion called for an offer of a contract to Mr. Edmond, I believe the motion called for negotiations to begin with Mr. Emond. Councilwoman Shales : A motion to begin negotiations with Mr. Emond was defeated. In fact contracts with city managers are illegal . Councilman Gilliam: My suggestion would be that if Mr. Emonds is going to be talked to that instead of sending two people, since he has been designated as the individual that he talk to all seven Council members. If we are going to employ him then we should employ him as a body and not as two individuals going to talk to him. So I would just as soon bring him here. Mayor Verbic: Well initially you are going to have to find out whether or not he has a three year contract that can be broken, and whether or not he is interested in the position at this time. Do you have any indication at all Councilman Andersen as to whether or not there is any interest shown in ,the position. Councilman Andersen: I offered this a couple of weeks ago to merely get the show on the road and I had not heard him turning this down. Councilman Hansen: Does he in fact have a three year contract. Mayor Verbic: I read it in the paper. Councilman Gilliam: Would you guys do me a favor, would you not insult our intelligence. We are not that naieve, you are embarrassing everybody, lets get on with it. Councilman Andersen: Mr. Gilliam 1 bow to your superior education that was indicated in the paper that you are more educationally superior than I am, but at least I am not confused. Councilman Waters : My memory is that on October 29th, the motion for Mr. Emond to be the choice of the City Council as the new city manager was in fact defeated and I would move that this motion be tabled until such time as the minutes of that October 29th can be reviewed to see whether in fact that motion would have to be rescinded. Councilman Gilliam: Second. Yeas : Councilmen Gilliam, Shales and Waters . Nays : Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. VOLUME L 106 Councilman Gilliam: What is the motion before us now. Mayor Verbic: To hire a city manager. Councilman Gilliam: It is possible to make an amendment that in this process to hire the city manager that the total Council meet with Mr. Emonds. I make the amendment to the motion that the total Council meet with Mr. Emonds . Councilwoman Shales : in public. Councilman Gilliam: I think Councilman Hansen stated that earlier. Councilman Hansen: Well it has not worked very well to have it in an Executive session in the past Councilman Gilliam and I have no indication that it would work any better in the future. Councilman Gilliam: This in no way reflects my support of the motion, but I think that if we are going to do it we do it as a group. Councilman Schmidt: I am in concurrence with that. Councilwoman Shales : I will second that motion. Councilman Hansen: I just wonder -- the bigger the committee the tougher it is to get meaningful negotiations and I just wonder if Councilman Gilliam could tell me what his objection would be to have a person from each side. Councilman Gilliam: Because the person is not going to work for both people on each side, he is going to work for all seven people, and I think that any person who is employed by the City, if it is the last person, and we are down to the last person, should be involved with the total Council as a whole. I have no idea of what salary you are talking about, I wasn ' t privy to that. am not privy if there is going to be a contract involved. I am assuming that Mr. Emond is under a three year contract, he is going to want no less than that, lets discuss that first. What kind of benefits, I think we should discuss that in open session right now because we are here. One, what is going to be the contract. Two, what salary are we going to discuss. Mayor Verbic: I don ' t think you can discuss anything until you find out whether or not it is an eligible move. Councilman Hansen: I would think first of all you would have to see if he expressed any interest in it. Secondly if he would want to break his present contract, if it can be broken. I think there are a lot of questions that would have to be answered by Mr. Emond. Councilman Gilliam: I think that if you go to Mr. Emond his first response if I were looking for employment with the City would be one, what are you going to pay me. The second question is going to be I have a three year contract, what are you going to offer to match that. Those are going to be his first two questions, 107 VOLUME L and if anybody goes to negotiate with him those are going to be his first two questions and what are you going to say. Otherwise you go there and say we want to offer you a job, but we don' t know what we are going to pay you, we have no idea how long the contract is going to be, or anything else. if we can decide that here tonight I am willing to say -- if you are willing to decide salary, talk about contract and other things that we can talk to Mr. Emond about then I think yes two people may go and talk to him and then come back and then the total Council will make their discussion and talk to him in the end, but to send two people without any plan, any money, any idea of what you are going to offer him, I don' t think is very professional . Mayor Verbic: I think the idea of sending two people to speak to him in regards to availability, to find out what things he would be interested in coming to Elgin, then you give this information to the Council members and it could be you or I who could go over there. Councilman Gilliam: Dick, I would like for you and I to go. Mayor Verbic: I would be glad to. Councilman Gilliam: I think that we as a Council should do two things before any individual meets. What kind of salary are we going to talk about with Mr. Emond. We had a range that we talked about, I believe the range was $50,000 to $55,000. We already know that Mr. Emond is making $60,000, so we know that he is not going to come for a $5,000 pay cut. The second thing is we know that Mr. Emond has a three year contract, are we going to offer him a three year contract or something similar to that. I think before anybody goes out there you should have that in hand, with that knowledge. Councilman Andersen: We are crossing bridges before we come to them. How can we sit here and decide on a contract for anybody without knowing what the person ' s getting now. Couple of people should go out and interview him and see if he is interested. We could all be spinning our wheels. if he is interested then they can come back and we can set up a meeting with everybody. Mayor Verbic: That would be the first priority to see if he is interested. Councilman Gilliam: I think we all know at this table, unless we have had our heads buried in the sand, Mr. Emond is interested, he is going to be interested in a three year contract, he is going to be interested in a salary of at least $60,000. 1 think to avoid two meetings, to be more efficient that we should make that decision now. Mayor Verbic: We have an amendment to the original motion, will you read the original motion. VOLUME L 108 Clerk: The motion is to offer a contrac to Mr. Emond ,of Streamwood. Councilman Hansen : Are you sure that was the original motion. Clerk: Councilman Andersen made the following motion" I make a motion that we offer the man a contract. Mayor Verbic: Who may that be. Councilman Andersen: The fellow from Streamwood, Mr. Emond. I make a motion that we give Mr. Emond the opportunity to accept a contract" . Councilman Andersen: Mr. Mayor, I withdraw my motion. I would like to substitute I would like for someone to contact Mr. Emond and interview him regarding his employment as a city manager for the City of Elgin. Councilman Hansen: I withdraw my second to the original motion. Mayor Verbic: Now your new motion Councilman Andersen. Councilman Andersen: My new motion is to interview Mr. Emond to see if he is interested in being the city manager of the City of Elgin. Councilman Hansen: I will second that motion. Yeas : Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Nays : Councilmen Gilliam, Shales and Waters . Councilman Gilliam: I would like to make a motion that we put on the table to discuss the terms of employment with Mr. Emond. Councilman Waters : Second. Councilman Andersen: I think it would be fruitless to enter into any kind of discussion until someone interviews Mr. Emond and finds out what he has currently. Councilman Gilliam: Since it has been the past history of the City of Elgin not to give contracts then I will also bring up the motion that no city manager, who ever is hired, be offered a contract, but the terms of employment be like they have been in the past, that a contract is not offered, that the city manager will serve at the whim of the elected officials, and that we not tie in further councils whoever they may be, when the three of us are gone, or whatever, that no council is tied into a contract and that we keep it as we have before. Councilwoman Shales : I believe that under the State Statutes governing the city manager form of government it states that the city manager shall be appointed for an indefinite period, as I read that it does not allow for contracts . If a city manager cannot be dismissed when ever the majority is unhappy with him you do not have a city manager form of government. log VOLUME L 1 believe that a contract of any form under our form of government is clearly illegal . Councilman Andersen: How come we offered a contract to the previous city manager then. Councilwoman Shales: We did not offer a contract we had an employment agreement with him. Obviously he could be dismissed when four people were unhappy with him and he was, and that is the city manager form of government. Mayor Verbic: From my experience in talking with various mayors throughout the country there are more that have contracts than those who don ' t, so they must all be illegal . Councilman Gilliam: As you saying that you would support a contract. Mayor Verbic: I think that any man that comes in should have a contract. I think he should have a two or three contract. Councilman Schmidt: If the Statute says that is wrong we cannot offer a contract. Councilman Hansen: 1 think we are asking a lot of questions that no one can answer sitting at this table and certainly some of them would obviously have to be answered by Mr. Emond and 1 think that reinenforces the need for an interview with him. Mayor Verbic: We have a motion on the floor, would the Clerk read the motion. Clerk: To discuss the terms of employment with Mr. Emond. Motion by Councilman Gilliam, seconded by Councilman Waters . Councilman Gilliam: I think your goal is, if I am not mistaken, is to hire a city manager before April 2nd, and if you are trying to move that rapidly all I am saying is lets go with that information in hand. Councilman Hansen: Apparently we can' t even answer whether a contract is legal or not legal so I would beg to disagree with Councilman Gilliam. Councilman Gilliam: All I am saying is that a deal has been cut, something has been set up, two people have to go out and talk with him, he knows the answers to the questions that we are going to ask, we are going to come back, he is going to be offered a contract for $60,000 or more, he will be given a three year deal , it will probably be done no later than the February 25th meeting. Its cut and dried, we know that and with the hope that if he is given a three year contract that the new council , who ever they may be, will not be willing to buy out his contract and instead say Mr. Emond even though we did not select you, we disagreed with the process, because you have a three year contract for $60,000 or more, we are going to stay with you. I think that is the hope that you guys are riding on for the next council . VOLUME L 110 So when it comes back on the 25th of February, or maybe the 11th, he will be offered a contract thats my prediction. Councilman Waters : I think it is also clear that whatever the deal is that is going to be cut its going to be based on what Mr. Emond wants and not what this Council is going to decide or offer in terms of the position and not the person. feel very strongly too and will go on record as saying I am embarrassed for the four of you gentlemen and I am embarrassed for the City of Elgin right now. Mayor Verbic: Read the motion. Clerk: To discuss terms of employment with Mr. Emond. Councilman Gilliam: I don ' t see how professional people can talk to a person and not have an idea of what you are going to pay him and what you are going to offer. Mayor Verbic : I think the first thing you have to assess is whether or not he is even interested and I don' t know what kind of contract he has over there, and I don ' t know whether Marlene' s statement is correct or not in regards to the form of government that we have. Counsel Jentsch: There is no question that the term cannot be for a definite term. The Statute specifically says to serve an indefinite term. Whether there can be a contract or not depends upon what you want to put in the contract. You cannot contract for someone to serve a fixed term under the city manager form of government. That does not mean you cannot contract for other matters . Mayor Verbic : That is why I felt the first approach would be to speak to him find out if he is interested and at that point find out what he would require to come to Elgin. Mayor Verbic : Would you repeat the motion on the floor once more. Clerk: To discuss the terms of employment with Mr. Emond. Yeas : Councilmen Gilliam, Shales and Waters . Nays : Councilmen Andersen, Hansen, Schmidt and Mayor Verbic. Councilman Gilliam: Mr. Mayor, then do you and I go out and talk to Mr. Emond. Mayor Verbic : We will go out tomorrow. Councilman Hansen: I would make a motion that we appoint Councilman Gilliam and Mayor Verbic to make an inquiry of Mr. Emond concerning employment. Councilman Andersen: Second that. 111 VOLUME L Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt and Mayor Verbic. Nays : Councilmen Shales and Waters . ANNOUNCEMENTS Mayor Verbic made announcments relative to forth coming meetings . ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Andersen to adjourn the Council meeting and return to the Committee of the Whole meeting. Yeas : Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales, Waters and Mayor Verbic. Nays : None. The meeting was adjourned at 10: 10 p.m. Mamie `�earma t, i�y C I erk i