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HomeMy WebLinkAboutJuly 08, 1985 CC VOLUME L July 8, 1985 421 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 July 8 , 1985 at 8:25 p.m. , in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Harold Humbert of the Elgin Mental Health Center, and the Pledge of Allegiance was led by Councilman Van De Voorde. ROLL CALL Roll call was answered by Councilmen Andersen, Moylan, Shales Van De Voorde, Waters and Mayor Verbic. Absent : Councilmen Gilliam. MINUTES OF THE JUNE 10, 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Waters to approve the June 10 , 1985 Council Minutes as published: Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde , Waters and Mayor Verbic. Nays: None. MINUTES OF THE JUNE 24 , 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Moylan made a motion, seconded by Councilman Waters to approve the June 24 , 1985 Council Minutes as published. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS The following communication was received by the Council: Marie Yearman, City Clerk City of Elgin Dear Madam Clerk: I have been advised by the Corporation Counsel that by law I am required to disclose any interest that I may have in the proposed South Grove Redevelopment Area. Please be advised that I have an interest in property located within the proposed redevelopment area. Very truly yours, s/Marlene E. Shales " 422 VOLUME L Counsel Jentsch: As I indicated at the last Committee meeting, under the Statute authorizing the formation of the tax incremental district, any person who may vote on the matter, or is employed in the preparation of the plans are required to disclose any property interest they may have and then to refrain from participating in any way in a discussion or action. The Statute also requires that the City Council acknowledge that disclosure of interest, so I think the appropriate action would be a motion acknowledging Councilwoman Shales ' statement of interest . Councilman Waters made a motion, seconded by Councilwoman Moylan acknowledging said statement of interest . Yeas: Councilmen Andersen, Moylan, Van De Voorde, Waters and Mayor Verbic. Nays: None. Abstained: Councilwoman Shales. BID AWARDED FOR FLASH MIXER FOR AIRLITE PLANT Councilman Waters made a motion, seconded by Councilman Van De Voorde to award this bid to the low bidder, Chemineer Incorporated for a total price of $4 , 990 .00 . Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PORTABLE PRESSURE WASHER FOR PUBLIC WORKS DEPARTMENT Councilwoman Shales made a motion, seconded by Councilwoman Moylan to award this bid to the low bidder, R. L. Corty & Company, for a total price of $1,995.00. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays : None. BID AWARDED FOR CHICAGO & NATIONAL STREET WATER-. MAIN AND HANGERS Councilman Waters made a motion, seconded by Councilman Van De Voorder to award this bid to the low bidder, Zimmerman Construction Company, Alternate 2 and Alternate 3 , for the bid price of $124 , 064 .00. Yeas: Councilmen Andersen, Moylan Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. FINAL PLAT APPROVAL FOR UNIT II AND UNIT III OF VALLEY CREEK SUBDIVISION, PROPERTY LOCATED ADJACENT TO VALLEY CREEK UNIT I Mayor Verbic: You have a letter that has been written and signed by Jerry Hoover and Charles Burnidge, addressed to the Council. This letter explains their position on Units VOLUME L 423 II and III, and their agreement to pay $1, 022 .66 per acre instead of the present $511.33 until their balance is paid in full. Councilman Van De Voorde: This is just a unilaterial proposal without any imput from the staff. Mr. Malm: Well the process from the last Committee of the Whole Meeting was that the Council' s direction, as I understood it to be, that we were to discuss with the developers the possibility of a three year extension at 8% interest for the balance owed of $213 , 000 . A schedule reflecting that was presented to the developers at a meeting that we had with them and they said they would have an alternate proposal for the City Council, which you have received, and also prior to the meeting you received the amended annexation agreement , which basically corresponds to the letter that you have received. Councilwoman Moylan: Does the $1,022 . 66 per acre that they are proposing go just for Unites II and III, there will be lots of other units to come in. Jerry Hoover: The $1,022 . 66 would apply to any acreage we develope within the subdivision. It would be by acreage and not by unit . Councilwoman Moylan: Then it does not depend on being in Unit II or III it could be any unit as they are brought into the City, Are there 254 acres in the property left to be developed. Jerry Hoover: Yes , we have only developed 80 acres . Mr. Malm: There is 416 acres remaining, however, as I understand the proposal it would not apply to all those acres , but until they reach the amount they owe of the $213 , 000 . It does not apply to the remaining total development . Councilman Waters: Was the $511. 33 part of the agreement . Mr. Malm: Yes , and as a matter of fact that ' s been subsequently modified from time to time as new developers come in. I know the information provided indicated that Valley Creek was a principal contributor to the project, that probably will be true. However, I believe that they have paid $41,000 for Unit I. The Burnidge Industrial Park paid $69,000 and Spring Cove contributed approximately $4 , 000. Their per acre contribution was higher because of other circumstances in the formula and also there is an adjustment made by the initial district due to basically inflation, where the engineering cost factors computed into whatever that would have been back when the project was first formulated. 424 VOLUME L Councilman Waters: Refresh my memory. The original intent in the agreement was that there was a stated amount that was to be paid to the City at a particular time and in the interim to that period of time they would be paying so much per acre until they had paid the total amount , or the time had expired, at which time the total would be due. Mr. Malm: No, it wasn' t on a per acre basis , it was based on a time factor. The total sum was based on the total develop- ment. Councilman Waters: I am trying to figure out where the $511. 33 worked into the agreement . Jerry Hoover: In the annexation agreement this was the total number of acres involved, but our donation to this, the one we were required to pay, based on what we would use in our project came to $254 , 000, so the $511. 33 per acre, once we developed so many acres that would be paid off. Councilwoman Shales: How many acres did you say were in Units II and III. Jerry Hoover: Unit II is 14 acres and Unit III is 10 . Mr. Malm: Under the present agreement they would owe the $12 ,000 .00, and they are saying 24 , however, the payment for this was due in December. Councilwoman Shales: Would the project be held up if we collected it as is proposed by the Valley Creek people. Would that be slowing down collecting the money that was supposed to have come in last December, if we slow down and just collect it as acreage is added. Mr. Malm: No, it would not slow the project down. It would mean that the project would be less financially viable because they would be paying in dollars that have been loaded through inflation and that the cost of the project meanwhile is going up. Councilman Van De Voorde: The other problem as I see it is if the City had not made an investment in land acquisition it would not matter, but we are making regular payments on the acquisition of that land, and we have met our commitment in that agreement . At one time when I talked with you Jerry, you mentioned an interest payment on the amount due and I don' t see that reflected in your proposal here. VOLUME L 425 Jerry Hoover: I don't know that Valley Creek has ever agreed to pay interest . The problem that we have run into in Units II and III , there are 68 lots and to try and pick up the entire amount , we could not finance it . When we looked at a fair interest rate we run into about the same thing, and the Corporation felt that we do not have the money to do that , and I did not have the authority to come here with a rate of interest. Councilman Andersen: Has anyone worked out how much the City will lose in interest using this new agreement . Mr. Malm: No, perhaps that is a question the Charles or Jerry could answer. It would depend upon how quickly their development proceeded. When and how long that money would be lost for, and I don't know what their development plans, I don't know is they could tell us tonight . Councilman Andersen: While I am sympathetic to their problems we have 65 , 000 other people in this town that have problems too, and we have to watch their money. Councilwoman Shales: I am sympathetic with the amount per acre as it is brought into use, and they are saying they want to double the amount they are going to pay per acre until the amount they owe is paid. If they do it that way, however, I think we should work up a formula that they really owe more. Mr. Malm: I don ' t want to confuse the issue, but I just want to mention this. I got a call from Representative Kirkland today and he thought that some monies would be in the Build Illinois Program for Tyler Creek, which would also help with the financing if the State participated. I understand from Representative Kirkland that the amount may be $500 , 00 for this particular project . Charles Burnidge: We looked at the money that we borrowed to develop 80 acres, the first portion of Valley Creek, we borrowed 2 .4 million dollars, and all of that has now been spent , except one hundred and some thousand dollars . So 2 .4 million was spent in this community. In turn there are 140 residences that are there. You can take 140 residences and multiply that times the cost of a residence and you take the sales tax alone derived from that it is approximately $100, 000 that has come back into the community. So when you talk about what the City has lost I think you also have to look at what the City has gained. Now there have been expenditures, police, fire, but this is a major development in the Community, I think that we are making a major contribution 426 VOLUME L towards the community. We are talking at this time of extending Royal Boulevard to Randall Road. The purpose to do that of course is to get closer to the commercial development , which is on that intersection, 32 acres, which is all within the City of Elgin. Not only property tax, but sales tax would come to the community. So while we cannot give you an outline directly in relationship to future phases, because we are developing them in relation to the economy, there is an interest in office land, there is interest in the 15 acres out on Randall Road, so it is important for us to be able to continue our development . It is important for us to be able to afford to put in these improvements and that is why we are asking for this consideration. Mayor Verbic: I am sure at the time we signed the original annexation agreement that no one anticipated the rate of inflation and the problems that ensued as far as lack of building. You have to go back two or three years to see how many homes were built during that period in the City of Elgin, which was negligible as far as home construction and it almost dried up to nothing. Under these circumstances I think they are coming in with a rational type of approach on a project which is going to add 10 , 000 people to that particular area, plus the 32 acres of commercial property. I think you have to look at continued construction and the development of this area, which is so important to the future in that area of the City. Councilwoman Shales: I am willing to go along with the $1, 022 .66 per acre. I think the only thing that I had a question about was whether the balance should remain the same or not , and I have no particular feeling about that one way or the other at this point . I think we need this development . Councilman Waters: May I ask just a point of clarification of procedure here. We were presented tonight a draft of an ordinance prepared by the developers for an amendment to the annexation agreement . Is that part and parcel to whats before us tonight . Mr. Malm: No they are really not . Its a separate matter, a public hearing would be involved before that could be acted upon. I wanted to give you that information because it dovetails into the letter which they sent you and it shows in some specific terms the nature of their counter-proposal to the Council' s thoughts previously. So that is why it was furnished to you. VOLUME L 427 Councilman Waters: I am comfortable at this point to proceed with the approval of the petition, and ask that what was presented to us tonight in terms of an amendment to the annexation agreement be processed with a public hearing. I would move that we accept the final plat approval for Units II and II of Valley Creek and set a public hearing for the annexation agreement amendment for August 12 , 1985. Councilwoman Moylan: Second Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None . RESOLUTION ADOPTED BY THE CITY OF ELGIN, ILLINOIS MAKING CERTAIN DECLARATIONS WITH RESPECT TO THE PROPOSED SOUTH GROVE REDEVELOPMENT PLAN, SETTING A DATE FOR A PUBLIC HEARING CONCERNING THE PROPOSED SOUTH GROVE REDEVELOP- MENT PLAN, REDEVELOPMENT PROJECT AND REDEVELOPMENT PROJECT AREA AND PROVIDING PRELIMINARY APPROVAL OF A PROPOSED REDEVELOPMENT CONTRACT RELATING TO A PORTION OF SAID PROPOSED DISTRICT WITH THE ESTES CO. , AN ARIZONA GENERAL PARTNERSHIP Councilman Andersen made a motion, seconded by Councilman Waters to adopt the aforementioned Resolution. Yeas: Councilmen Andersen, Moylan, Van De Voorde, Waters and Mayor Verbic. Nays: None. Abstained: Councilwoman Shales. 428 VOLUME L RESOLUTION NO. RESOLUTION OF THE CITY OF ELGIN, ILLINOIS MAKING CERTAIN DECLARATIONS WITH RESPECT TO THE PROPOSED SOUTH GROVE REDE- VELOPMENT PLAN, SETTING A DATE FOR A PUBLIC HEARING CONCERN- ING THE PROPOSED SOUTH GROVE REDEVELOPMENT PLAN, REDEVELOPMENT PROJECT AND REDEVELOPMENT PROJECT AREA AND PROVIDING PRELIM- INARY APPROVAL OF A PROPOSED REDEVELOPMENT CONTRACT RELATING TO A PORTION OF SAID PROPOSED DISTRICT WITH THE ESTES CO. , AN ARIZONA GENERAL PARTNERSHIP. WHEREAS, the Planning Department of the City has provided this City Council with a report entitled "South Grove Redevelopment Plan, " dated June, 1985 (the "Proposed Redevelopment Plan" ) ; and WHEREAS, according to the Proposed Redevelopment Plan, there are within the boundaries of the City of Elgin (the "City" ) properties described in Appendix A attached hereto and referred to in the Proposed Redevelopment Plan as the "South Grove Redevelop- ment Project Area" (the "Proposed Redevelopment Project Area" ) which (a) if improved by industrial , commercial and residential buildings or other improvements, because of a combination of 5 or more of the following factors: age, dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; deprecia- tion of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals or welfare, or (b) if vacant, impair the sound growth of the City by, (1) a combination of 2 or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deteriora- tion of structures or site improvements in neighboring areas adjacent to the vacant land, or because (2 ) the area immediately prior to becoming vacant suffered from five or more of the factors listed in (a) above; and WHEREAS, the Proposed Redevelopment Plan has set forth proposed boundaries for the Proposed Redevelopment Project Area and has set forth a course of action to be taken in redeveloping the Proposed Redevelopment Project Area (the "Redevelopment Proj- ect" ) ; and WHEREAS, the Proposed Redevelopment Plan has suggested, and this City Council is desirous of proceeding with financing the redevelopment of the Proposed Redevelopment Project Area through tax increment financing pursuant to the Real Property Increment Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article 11 of the Illinois Municipal Code (the "Act" ) ; and i VOLUME L 429 WHEREAS, prior to adoption by ordinance of the Proposed Redevelopment Plan and Proposed Project and designation of the Proposed Redevelopment Project Area, the Act requires that a public hearing be held; and WHEREAS, this City Council has been presented with a proposed Redevelopment Contract regarding development of Phase I of the Redevelopment- Plan and Redevelopment Project (the "Redevel- opment Contract" ) , to be executed by the City and the Estes Co. , an Arizona General Partnership (the "Redeveloper" ) : NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, AS FOLLOWS : Section 1 . Preliminary Approval . This City Council declares 'its preliminary approval of the findings of the Redevel- opment Plan and determines to proceed to implement tax increment financing for the Proposed Redevelopment Project Area in accor- dance with the requirements of the Act. Section 2 . Selection of a Date for a Public Hearinq. In order to proceed with tax increment financing as stated in Section 1 hereof, this City Council hereby determines there shall be a public hearing in accordance with the Act regarding the Proposed Redevelopment Plan and Proposed Redevelopment Project and the designation of the Proposed Redevelopment Project Area. Said public hearing shall take place in the Council Chambers in the Elgin City Hall on August 26 , 1985 at 8 : 00 p .m. The City Clerk is hereby authorized and directed to give notice of said public hearing in the manner and at such times as is required by Section 11-74.4-6 of the Illinois Municipal Code. Said notices shall in all respects comply with the requirements of the Act. Section 3 . Preliminary A proval of the Redevelopment Contract. The form of Redevelopment Contract presented at this meeting and on file in the office of the City Clerk is hereby given preliminary approval and the Mayor and the other officials of the City are hereby authorized to enter into negotiations with the Redeveloper to finalize the Redevelopment Contract; provided, however, that such Redevelopment Contract shall not be executed in final form and become bindin g on the City until final approval I is given by resolution of this City Council after the public hearing described in Section 2 hereof. Section 4. Savings Clause. To the extent that the provisions of this resolution conflict with the provisions of any other resolution of the City, the provisions of this resolution shall control. if any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. i �I -2- I 430 VOLUME L Section 5 . Effective Date. This resolution shall be- come effective in the manner provided by law. Adopted this 8th day of July 1985 by roll call as follows: Ayes: Councilmen Andersen, Moylan, Van De Voorde, Waters and Mayor Verbic. Nays: None Abstained: Councilwoman Shales Approved: s/ Richard L. Verbic Mayor (SEAL) Attest: a - n City Clerk -3- VOLUME L 431 CERTIFICATE I , Marie Yearman, City Clerk of the City of Elgin, Illinois, hereby certify that the foregoing resolution entitled: "Resolution of the City of Elgin, Illinois Making Certain Declara- tions With Respect To The Proposed South Grove Redevelopment Plan, Setting A Date For A Public Hearing Concerning The Proposed South Grove Redevelopment Plan, Redevelopment Project and Redevelop- ment Project Area And Providing Preliminary Approval Of A Proposed Redevelopment Contract Relating To A Portion Of Said Proposed District With The Estes Co. , An Arizona General Partnership" is a true copy of an original resolution which was duly adopted by the recorded affirmative votes of a majority of the members of the City Council of the City at a meeting thereof which was duly called and held at 8. 00 p.m. on ju1y 8 1 1985 in the City Council Chambers at the City Hall, and at which a quorum was present and acting throughout, and that said copy has been compared by me with the original resolution signed by the Mayor, and recorded in the minute book of the City and that it is a correct transcript thereof and of the whole of said resolution, and that said resolution has not been altered, amended, repealed or revoked, but is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this 8th day of July 1985 . s Marie Yearn City Clerk (SEAL) CT:maj5 13815 6/21/85 -4- i 432 VOLUME L RESOLUTION TABLED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEEMENT (APOSTOLIC CHRISTIAN CHURCH Counsel Jentsch: This item appears on your agenda tonight because that item was tabled at the last meeting in anticipation that a revised annexation agreement would be prepared. That has not been forthcoming so I would recommend that you table it for perhaps another month. I believe the attorney for the applicant is on vacation. Councilman Van De Voorde made a motion, seconded by Councilwoman Moylan to table the subject Resolution to the August 12 , 1985 Council Meeting. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED- AMENDING CHAPTER 6 .06 OF THE ELGIN MUNICIPAL CODE TO EXPRESSLY PROHIBIT OBSCENE PERFORMANCES AND THE SALE OF CLOTHING IN LICENSED PREMISES Councilman Andersen made a motion, seconded by Councilwoman Moylan to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. i VOLUME L 433 Ordinance No. G44-85 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE TO EXPRESSLY PROHIBIT OBSCENE PERFORMANCES AND THE SALE OF CLOTHING IN LICENSED PREMISES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 6.06.150 of Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, be and is further amended by adding the following: Q. To sell, deliver, offer for sale, distribute, publish, print, exhibit, or possess with intent to distribute, with the knowledge of the nature of the content thereof, or recklessly failing to exercise reasonable inspection which would disclose the nature or content thereof, any obscene writing, picture, moving picture, record or other representation or embodiment of the obscene, or to present or to direct an obscene performance, or to perform an obscene act, or otherwise present an obscene exhibition or to otherwise advertise or promote obscene material as provided in Chapter 10.80 of this code. R. To sell any items of intimate apparel including lingerie, undergarments, sleepwear or swimsuits. Section 2. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Passed: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: 1 sl Marie Yearn Marie Yearman, City Clerk RESOLUTION ADOPTED EXPRESSING APPRECIATION AND COMMENDATION TO THE INTERCLUB COUNCIL OF ELGIN GARDEN CLUBS AND THE FOX VALLEY ROSE SOCIETY Councilwoman Moylan made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. 434 VOLUME L RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO THE INTERCLUB COUNCIL OF ELGIN GARDEN CLUBS AND THE FOX VALLEY ROSE SOCIETY WHEREAS, the lnterclub Council of Elgin Garden Clubs is an association dedicated to maintaining and improving various public gardens in the City of Elgin; and WHEREAS, the Interclub Council of Elgin Garden Clubs tends and maintains the flower gardens south of the Civic Center, at the intersection of Larkin and Highland Avenue, at the Grand Army of the Republic Park, at Memorial Park and at the Gail Borden Library; and WHEREAS, the Fox Valley Rose Society cares for the rose garden adjoining Hemmens Auditorium; and WHEREAS, the garden clubs purchase, plant and maintain all plants in the above described areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation and commendation to the lnterclub Council of Elgin Garden Clubs and the Fox Valley Rose Society for their work and efforts for which this community is grateful. Their endeavors enable us to enjoy the beauty of our flora and enhance our City. s Richard L. Verbic Richard L. Verbic, Mayor Presented: July 8, 1985 Adopted: July 8, 1985 Vote: Yeas 6 Nays p Recorded: Attest: s/ Marie Yelarman Marie Yearman, City Clerk ORDINANCE PASSED ABOLISHING THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND ESTABLISHING THE PLANNING DEPARTMENT AND BUREAU OF INSPECTION SERVICES Councilman Waters made a motion, seconded by Councilman Van De Voorde to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 435 Ordinance No. G47-85 AN ORDINANCE ABOLISHING THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND ESTABLISHING THE PLANNING DEPARTMENT AND BUREAU OF INSPECTION SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 2.28 of the Elgin Municipal Code entitled "Department of Community Development" be and is hereby repealed. Section 2. That Chapter 2.28 entitled "Planning Department" be and is hereby added to the Elgin Municipal Code as follows: "2.28.010 Establishment There is created an administrative department of the city government to be known as the Planning Department. This department shall consist of the planning director, all planners, and such other officers and employees as may be provided by the City Council and such equipment and supplies assigned to the operation thereof. 2.28.020 Director--Office Established There is established the office of the planning director who shall be the chief planner and who shall be the supervising officer of said department and shall have charge of all property and employees thereof. The director shall be appointed by the city manager. 2.28.030 Director--Powers and Duties A. The planning director shall be responsible and actively engaged in formulating and making recommendations for the orderly development and growth of the community, the official plan of the city, and the coordination of implementation of the plan and related city codes. B. The planning director shall be responsible for all planning activities, including: 1) To meet and counsel with subdividers and developers relative to the city plan and ordinances, in relation to their particular projects. 2) To review all plats of subdivision and annexation plats submitted to the city and make comment relative to the same. 3) To review all site plans and plats of subdivision which are submitted to the city to see that the same comply with the general provi- sions of the subdivision ordinance and zoning ordinance of the city. 4) To prepare studies, designs and plans as parts of the comprehen- sive master plan. I 436 VOLUME L 5) To prepare statistical data and base maps, charts and tables relative to the official plan. 6) To prepare technical reports on special planning programs. 7) To administer the Community Development Block Grant program. 8) To conduct land use studies and analyses of changes in land use. 9) To analyze and prepare summary reports on economic, social, physical and population data and correlate such information with the official plan of the city. 10) To receive and process all requests for zoning amendments, variations or special use permits pursuant to Title 19 of this code. 11) To perform such other duties as directed by the city manager or as otherwise provided in the Elgin Municipal Code. 2.28.040 Director--Attendance at Planning and Land Use Commission Meetings The planning director shall attend all meetings of the planning and land use commission and committees thereof, ensure all plans and recommendations of the commission to be properly kept, and shall keep that body informed as to matters within its jurisdiction. The planning director shall also maintain the records of the commission and shall cause all matters requiring a public hearing within its jurisdiction brought to its attention." Section 3. That Chapter 2.40 entitled "Fire Department" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding the following: "2.40.300 Bureau of Inspection Services--Established There is established a sub-department of the Fire Department to be known as the Bureau of Inspection Services. 2.40.310 Composition The Bureau of Inspection Services shall include all inspectors, including fire, building, housing, zoning, health and safety. The chief of the Fire Department shall appoint an officer of said department as head of the Bureau of Inspection Services who shall be known as the code enforcement officer. 2.40.320 Function and Duty It shall be the function of the Bureau of Inspection Services and the duty of the code enforcement officer and inspectors to enforce the building, housing, plumbing, electrical, zoning, sign, sanitation and other codes and ordinances of the City relating to the public health and safety and the maintenance and preservation of property as found in Titles 9 and 16 of the Elgin Municipal Code. VOLUME L 437 2.40.330 Powers In addition to any power or authority given the code enforcement officer and inspectors pursuant to any other ordinance, the code enforcement officer and inspectors may: 1) Enter and inspect all property and structures in the City to determine if there exists violations of any code pursuant to Chapter 1.16 of the municipal code. 2) Order all work stopped on the excavation, construction, altera- tion or repair of any building or property in the City when such work is being done in violation of any provision of any ordinance relating thereto or in violation of the zoning ordinance. Work shall not be resumed after the issuance of such an order except on the written permission of the code enforcement officer, provided, that if the stop order is an oral one, it shall be confirmed in writing within four hours. 3) Request the institution of appropriate court proceedings to enforce the ordinances of the City, to collect fines and to enjoin continued or future violations of the Elgin Municipal Code. 4) Prepare and service citations as provided in Chapter 1.20 of this code. 5) To receive and process all applications for permits as required by Titles 9 and 16 of this code except as otherwise specifically provided therein. 6) To perform such other duties as directed by the city manager or as otherwise provided in the Elgin Municipal Code. 2.40.340 Assistance to Boards and Commissions The code enforcement officer shall advise and assist the various boards and commissions of the City involved in or concerned with the amendment or enforcement of the health, building, housing, food service, sanitation and safety codes of the City including but not limited to the Board of Health, the Building Commission, the Electrical Committee and the Plumbing Committee." Section 4. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect form and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor 438 VOLUME L Presented: July 8, 1985 Passed: July 9 , 1985 Vote: Yeas 6 Nays 0 Recorded: Published: At est: , s/ arse ea man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 1. 20 ENTITLED GENERAL PENALTY Councilwoman Shales made a motion, seconded by Councilman Van De Voorde to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 439 Ordinance No. G48-85 AN ORDINANCE AMENDING CHAPTER 1.20 ENTITLED GENERAL PENALTY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 1.20 entitled "General Penalty" of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 1.20 entitled "General Penalty--Citations" be and is hereby added to the Elgin Municipal Code, 1976, as amended, as follows: 111.20 General Penalty--Citations 1.20.010 Definitions A. The word 'officer" shall mean police officers and inspectors or agents of the Bureau of Inspection Services. B. The word "person" includes a natural person, firm, partnership, association, sole proprietorship or corporation as well as any agents, representatives or employees thereof upon whom responsibility or liability is imposed by this code for the violation cited. 1.20.020 General Penalty for Ordinance Violation A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of an offense. Except in cases where a different penalty is prescribed by any ordinance of the city, any person convicted of an offense under the ordinances of Elgin shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he shall be punished accordingly. C. In all cases where the same offense is made punishable or is created by different clauses or sections of an ordinance the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. D. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City of Elgin to suspend, revoke or refuse to renew any license or permit for cause. 1.20.030 Citation and Settlement in Lieu of Prosecution for Certain Offenses Whenever an officer observes a violation of certain provisions of this code as specified in Section 1.20.060 of this Chapter or has probable cause to believe that such a 440 VOLUME L violation has occurred and that a particular person is responsible, said officer may, in lieu of the filing of a complaint in court, issue to the alleged violator a citation which shall: 1. Advise said person that the same has violated a specified ordinance. 2. Request said person to make payment in an amount applicable to said alleged violation as set forth in Section 1.20.050 as settlement of said claim. 3. Advise said person, where applicable, to cease and/or abate said violation forthwith and to refrain from like violations in the future. 4. Inform said person that, upon failure to so settle the claim and to cease and/or abate said violations, a complaint will be filed in the Circuit Court of Kane County. 1.20.040 Service of Citation Citations as provided by Section 1.20.030 of this Chapter shall be personally served upon the person responsible for the violation, his agent, representative, independent contractor or employee. In the event the owner, occupant, contractor or other person responsible for the violation can not be located the citation may be served by posting a copy at the property, structure or vehicle where the violation has occurred and sending a copy certified mail, return receipt requested, to the last known addrss of such person. 1.20.050 Settlement of Claim A. Any person served with a citation pursuant to Section 1.20.040 may settle and compromise the violation claim in respect of such ordinance violation by ceasing and/or abating said violation and paying to the City the applicable amount as shown and within the time period set forth in the schedule set forth in Section 1.20.060 of this Chapter. B. In the event that payment is not made within the time prescribed and a complaint has been filed in the Circuit Court of Kane County, payment of any fine and costs shall be in such amounts as may be determined by and established by the Circuit Court of Kane County within the limits established by this code. 1.20.060 Violation and Settlement Schedule A. Citations may be issued, pursuant to Section 1.20.020 for violations of the following provisions of the Elgin Municipal Code: Chapter 6.03 (Licenses and Permits) all sections; Chapter 6.09 (Amusements) all sections; Chapter 6.12 (Auctioneers) all sections; Chapter 6.21 (Fire Insurance Company) all sections; Chapter 6.24 (Handbills) all sections; Chapter 6.27 (Housemovers) all sections; Chapter 6.30 (Itinerant Merchants) all sections; Chapter 6.31 (Massage Establishments and Massage Service) all sections; Chapter 6.33 (Miniature Golf Courses) all sections; Chapter 6.36 (Nursing Homes) all sections; VOLUME L 441 Chapter 6.39 (Outdoor Advertising) all sections; Chapter 6.42 (Pawnbrokers) all sections; Chapter 6.45 (Peddlers and Solicitors) all sections; Chapter 6.46 (Peddlers and Solicitors in Fountain Square Plaza Mall) all sections; Chapter 6.48 (Public Dances) all sections; Chapter 6.51 (Public Garages and Parking Lots) all sections; Chapter 6.54 (Scavengers) all sections; Chapter 6.57 (Service Stations) all sections; Chapter 6.60 (Shooting Galleries) all sections; Chapter 6.63 (Skating Rinks) all sections; Chapter 6.66 (Taxicabs) all sections; Chapter 6.69 (Theaters) all sections; Chapter 6.72 (Tobacco Dealers) all sections; Chapter 6.75 (Trailers and Trailer Camps) all sections; Chapter 6.78 (Undertakers) all sections; Chapter 6.81 (Pet Shops) all sections; Chapter 9.04 (Health and Sanitary Regulations) all sections; Chapter 9.08 (Food Stores) all sections; Chapter 9.10 (Food Service Establishments) all sections; Chapter 9.11 (Food Refrigeration and Locker Plants) all sections; Chapter 9.12 (Food Delivery Vehicles) all sections; Chapter 9.14 (Automatic Food Vending Machines) all sections; Chapter 9.16 (Plants and Weeds) all sections; Chapter 9.20 (Dutch Elm Disease) all sections; Chapter 9.24 (Garbage and Refuse) all sections; Chapter 9.28 (Air Pollution) all sections; Chapter 9.32 (Water Pollution) all sections; Chapter 9.36 (Storage of Junk and Waste Matter) all sections; Chapter 9.40 (Explosive and Flammable Liquids) all sections; Chapter 9.44 (Unwholesome or Offensive Businesses) all sections; Chapter 9.48 (Smoking Regulations) all sections; ! Chapter 9.52 (Lawn Sprinkling) all sections; Chapter 12.08 (Public Parks--General Regulations) all sections; Chapter 13.04 (General Regulations--Streets and Sidewalks) all sections; Chapter 13.08 (Driveways) all sections; Chapter 13.16 (Street Openings and Closings) all sections; Chapter 13.20 (Trees and Shrubs) all sections; Chapter 16.04 (Building Code) all sections; Chapter 16.08 (Building Operations) all sections; Chapter 16.12 (Housing Code) all sections; Chapter 16.16 (Signs, Awnings and Billboards) all sections; Chapter 16.20 (Plumbing Code) all sections; Chapter 16.24 (Electrical Code) all sections; Chapter 16.28 (Fire Prevention Code) all sections; Chapter 16.32 (Warm Air Heating Code) all sections; Chapter 16.36 (Air-conditioning and Refrigeration Systems) all sections; Chapter 16.40 (Burglary Security Code) all sections; Chapter 16.44 (Roominghouses) all sections; Chapter 19.06 (General Regulations--Zoning) all sections; and Chapter 19.45 (Community Graphics) all sections. 442 VOLUME L B. Citations issued for violation of those sections of the code specified above may be settled and compromised by payment of the sum of twenty-five dollars ($25.00) if paid within seven days of service of the citation and fifty dollars ($50.00) if paid after such seven day period but before filing of a complaint in the Circuit Court of Kane County." Section 3. That all ordinances or parts of ordinances in conflict with this ordinance be and are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after ten days after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 8, 1985 Passed: , 8, 1985 Vote: eas 6 Nays 0 Recorded: Published: Att st: s/ Marie ea man Marie Yearman, City Clerk ORDINANCE PASSED ESTABLISHING A UNIFORM SYSTEM OF PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE ELGIN MUNICIPAL CODE Councilwoman Moylan made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 443 Ordinance No. G49-85 AN ORDINANCE ESTABLISHING A UNIFORM SYSTEM OF PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE ELGIN MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Sections 6.03.170, 6.09.160, 6.12.100, 6.15.070, 6.15.120, 6.24.040, 6.27.040, 6.30.040, 6.33.040, 6.39.130, 6.42.020, 6.45.070, 6.45.130, 6.48.060, 6.51.140, 6.54.090, 6.57.220, 6.60.070, 6.63.060, 6.66.150, 6.69.100, 6.72.040, 6.75.1 10 and 6.78.040 of Title 6 entitled "Business Licenses and Regulations" of the Elgin Municipal Code, 2976, as amended, be and are hereby repealed. Section 2. That Section 6.36.070 of Chapter 6.36 entitled Nursing Homes be and is hereby amended to read as follows: "6.36.070 Penalty for Violation Any person, firm, association or corporation violating any provision of this chapter shall be subject to a fine for each offense as provided in Chapter 1.20 of this code. In the event of a conviction of any person, firm, association or corporation for a violation of any of the provisions of this chapter relating to the safety and accommodations of inmates it shall be the duty of the director of the department of health and housing, and he is authorized and empowered to close such home and to cause it vacation pending the repairs, alterations or additions necessary to make it safe and proper for the occupancy of its inmates and to make it comply with the terms of this chapter." Section 3. That Section 9.04.120, 9.1 1.090, 9.12.070, 9.16.070, 9.32.070, 9.32.090, 9.32.140, 9.40.540 of Title 9 entitled "Health and Housing" of the Elgin Municipal Code, 1976, as amended be and are hereby repealed. Section 4. That Section 9.20.080 of Chapter 9.20 entitled "Dutch Elm Disease" be and is hereby amended to read as follows: 119.20.080 Penalty for Violation Any person, firm or corporation violating any of the provisions of this chapter shall be fined as 'provided in Chapter 1.20 of this code. Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense. Imposition of any penalty for a violation of this chapter shall not be construed as a waiver of the right of the city to collect the costs of removal for such nuisances in accordance with the provision of this chapter." Section 5. That Section 9.28.190(A) of Chapter 9.28 entitled "Health and Safety" be and is hereby amended to read as follows: 444 VOLUME L 119.28.190 Penalty for Violation A. Any person, firm or corporation violating any of the provisions of this chapter shall be fined as provided in Chapter 1.20 of this code." Section 6. That Section 9.36.060 of Chapter 9.36 entitled "Storage of Junk and Waste Matter" be and is hereby amended to read as follows: 119.36.060 Penalty for Violation Any person, firm or corporation violating any of the provisions of this chapter shall be fined as provided in Chapter 1.20 of this code. Any such fine shall be in addition to the obligation to pay the costs of removal as provided in this chapter." Section 7. That Section 9.48.010 of Chapter 9.48 entitled "Smoking Regulations" be and is hereby amended to read as follows: 119.48.010 Smoking on Municipal Bus Prohibited No person shall smoke or carry a lighted cigarette, cigar or pipe in any municipal bus. Any person violating the provisions of this section shall be fined as provided in Chapter 1.20 of this code." Section 8. That Sections 16.08.050, 16,12.290, 16.16.090 and 16.32.140 of Title 16 entitled "Building and Construction" of the Elgin Municipal Code, 1976, as amended, be and are hereby repealed. Section 9. That Section 16.36.150(A) of Chapter 16.36 entitled "Air Conditioning and Refrigeration Systems" be and is hereby amended to read as follows: "16.36.150 Penalty for Violation A. Any person, firm or corporation violating any of the provisions of this chapter shall be fined as provided in Chapter 1.20 of this code. In addition thereto any licensee failing to comply with the provisions of this chapter shall be subject to discontinuance of service for failure to correct the violation promptly after notification or failure to pay any fines." Section 10. That Section 19.60.020 of Chapter 19.60 entitled "Administration and Enforcement" be and is hereby repealed. Section 11. That all ordinances orf parts thereof in conflict with this ordinance be and are hereby repealed. Section 12. That this ordinance shall be in full force and effect from and after ten (10) days after passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME L 445 Presented: July 8, 1985 Passed: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: a-nm s/ arie ean Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Waters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. i 446 VOLUME L RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Marlene J. C. Carter be and is hereby appointed as a member of the Human Relations Commission, to fill the unexpired term of Margaret Zowadski, for a term to expire May I, 1986. BE IT FURTHER RESOLVED that John N. Walters be and is hereby appointed as a member of the Planning Commission, to fill the unexpired term of Sue Moylan, for a term to expire July I, 1987. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 8, 1985 Adopted: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilman Van De Voorde made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Council- men Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 447 Ordinance No. GSO-85 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of streets where parking is prohibited under Section 11.36.050M the following: North Grove Avenue, both sides, from Highland Avenue to East Chicago Street, from 6:00 a.m. to 9:30 p.m., Monday through Friday, and from 6:00 a.m, to 6:30 p.m. on Saturday. Section 2. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of two hour parking zones under Section 1 1.36.084 the following: North Grove Avenue, both sides thereof, from East Chicago Street to East Highland Avenue. 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 ten days after its passage and publication in pamphlet form in the manner provided by law. s/ Richard L_ Verbir Richard L. Verbic, Mayor Presented: July 8, 1985 Passed: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: R/ Maria YPa,r an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNCIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilwoman Moylan made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Council- men Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 448 Ordinance No. G51-85 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of stop intersections under Sec- tion 1 1.28.020 the following: All vehicles being operated on Mohawk Drive must stop at Martin Drive before entering same. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. s/ Richard L_ Verhir. Richard L. Verbic, Mayor Presented: July 8, 1985 Passed: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Published: RAttest: s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN ( Spring Street ) Councilman Waters made a motion, seconded by Councilwoman Moylan to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Moylan Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. 449 VOLUME L Ordinance No. G52-85 AN ORDINANCE AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 3 of Ordinance No. G20-85, adopted March 11, 1985, entitled An Ordinance Amending the List of One-Way Streets in the City of Elgin be and is hereby amended to read as follows: Section 3. That this ordinance shall be in full force and effect after July 28, 1985. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor i Presented: July 8, 1985 ! Passed: July 8 , 1985 I Vote: Yeas 6 Nays 0 Recorded: Published: Attest: j ctJ �`�I i s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED CREATING THE OFFICE OF DEPUTY CLERK Councilman Van De Voorde made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas : Council- men Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None VOLUME L 550 Ordinance No. GS3-8S AN ORDINANCE CREATING THE OFFICE OF DEPUTY CLERK BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following is hereby added to Title 2, Chapter 2.16 of the Elgin Municipal Code, 1976, as amended: 112.16.030 Deputy Clerk--Appointment and Duties A. Creation of Office. There is hereby created the office of deputy clerk. The city clerk is authorized to appoint a deputy clerk who shall have the power and duty to execute all documents required by any law or ordi- nance to be executed by the clerk, and affix the seal of the city thereto whenever required. B. Signature. When signing any documents the deputy clerk shall sign the name of the city clerk followed by the word "By" and the deputy clerk's own name and the words "deputy clerk." C. Time of authority. The powers and duties herein described shall be exercised by such deputy clerk only in the absence of the city clerk from his office in the city hall, and only when either written direction has been given by the city clerk to exercise such power, or the city council has determined by resolution that the city clerk is temporarily or permanently incapacitated to perform such function." 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: July 8, 1985 Passed: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: Cl�.c_1t_� . s/ Marie Yearm n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT GRANT TO THE ILLINOIS BELL TELEPHONE CO. Councilwoman Moylan made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. i 551 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT GRANT TO THE ILLINOIS BELL TELEPHONE COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby respectivly authorized and directed to execute an easement grant to the Illinois Bell Telephone Company for construction and maintenance of a tele-communicat ions system, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 8, 1985 Adopted: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Attest: c,�x--tsc.J s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF CHARLES H. SCHRADER & ASSOCIATES FOR GRANT ASSISTANCE Councilwoman Shales made a motion, seconded by Councilwoman Moylan to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 552 RESOLUTION ACCEPTING THE PROPOSAL OF CHARLES H. SCHRADER & ASSOCIATES FOR GRANT ASSISTANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Maim, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Charles H. Schrader & Associates for grant assistance for the Public Property and Recreation Department, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 8, 1985 Adopted: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF MOTOROLA COMMUNICATIONS AND ELECTRONICS FOR RADIO EQUIPMENT Councilman Van De Voorde made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. 553 VOLUME L RESOLUTION ACCEPTING THE PROPOSAL OF MOTOROLA COMMUNICATIONS AND ELECTRONICS FOR RADIO EQUIPMENT BE IT RESOLVFD BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Motorola Communications and Electronics for radio equipment for the reserve ambulance, a copy of which is attached hereto and made a part hereof by reference. Rirharr9 T. 17arhi r Richard L. Verbic, Mayor Presented: July 8, 1985 Adopted: July 8, 1985 Vote: Yeas 6 Nays p Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH T & W EDMIER CORPORATION FOR THE OTTER CREEK DETENTION AREA Councilman Waters made a motion, seconded by Councilman Van De Voorde to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. . Nays: None. VOLUME L 554 RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH T & W EDMIER CORP. FOR THE OTTER CREEK DETENTION AREA WHEREAS, the City of Elgin has heretofore entered into a contract with T & W Edmier Corp. for the Otter Creek Detention Area; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. I, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. I, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 8, 1985 Adopted: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH SCHOOL DISTRICT U-46 Councilwoman Moylan made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. I 555 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH SCHOOL DISTRICT U-46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Maim, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a written lease with School District U-46 for the premises commonly known as 138 South Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 8, 1985 Adopted: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: �Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE OFFICIAL SALARY PLANS OF THE CITY OF ELGIN Councilman Andersen: I was a party to the agreement that there would be no position changes, or administrative changes, until a new city manager was appointed. I will keep my word and I will not vote for this ordinance. Councilman Van De Voorder: You just voted for a new one a little while ago with the Deputy Clerk. Councilman Andersen That was not an administrative change. Councilman Waters made a motion, seconded by Councilwoman Shales to pass the aforementioned ordinance. Yeas: Council- men Moylan, Shales, Van De Voorde, and Waters. Nays: CouncilmaN Andersen and Mayor Verbic. VOLUME L 556 Ordinance No. G54-85 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLANS OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Ordinance No. G24-85 titled "An Ordinance Amending Article IV. Entitled 'The Adoption and Administration of Position Classification and Pay Plans' of Chapter 6 of the City Code (Ordinance No. S-569, Passed December 23, 1955) as Pertains to the Compensation Plan and to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended," is hereby amended as follows: A. That in Section I, the position titled "Transportation Director" is hereby deleted from Range 46A and added to Range 50A of said ordi- nance. B. That in Section 2, the position titled "Public Works Superintendent" in Range 46B and "Construction Superintendent" in Range 37B are hereby deleted from said ordinance. C. That in Section 2, the following positions are hereby established "Assistant Public Works Director" in Range 50B, "Assistant Corpora- tion Counsel II" in Range 44B, "Streets and Sanitation Superintendent in Range 42B, "Sewer and Water Superintendent" in Range 41B, and Water Plant Superintendent in Range 41B, and are added to said ordi- nance. D. That in Section 3, the positions titled "Crime Analyst/Records" in Range 43C, "Sewer Supervisor" in Range 38C, "Assistant Public Works Superintendent" in Range 37C, "Assistant Garage Manager" in Range 34C, and "Water Lab Chemist" in Range 31C are hereby deleted from said ordinance. E. That in Section 3, the following positions are hereby established "Chief Water Lab Chemist" in Range 37C, "Garage Supervisor" in Range 37C, "Water Lab Chemist" in Range 29C and "Paralegal/Deputy Clerk" in Range 24C, and are added to said ordinance. Section 2. That Ordinance No. G25-85 titled "An Ordinance Establishing Exemp- tions from the Classified Service of the City of Elgin" is hereby amended by deleting the positions titled: "Public Works Superintendent, Construction Superintendent, Crime Analyst/Records, Sewer Supervisor, Assistant Public Works Superintendent, and Assistant Garage Manager," and adding the positions titled "Assistant Public Works Director, Streets and Sanitation Superintendent, Sewer and Water Superintendent, Water Plant Superintendent, Chief Water Lab Chemist, Garage Supervisor and Paralegal/Secretary," to Section I of said ordinance. 557 VOLUME L Section 3. That Ordinance No. G26-85 titled "An Ordinance Amending the Group Benefit Program is hereby amended as follows: A. That in Section 3, the positions titled "Public Works Superintendent and Construction Superintendent" are hereby deleted and the positions titled "Assistant Public Works Director, Assistant Corporation Counsel II, Streets and Sanitation Superintendent and Water Plant Superintendent" are hereby added to said ordinance. B. That in Section 4, the positions titled "Crime Analyst/Records, Sewer Supervisor, Assistant Public Works Superintendent and Assistant Garage Manager" are hereby deleted and the positions titled "Chief Water Lab Chemist, Garage Supervisor and Paralegal/Deputy Clerk" are hereby added to said ordinance. Section 4. That Ordinance No. G14-85 titled "An Ordinance Amending Article IV. Entitled 'The Adoption and Administration of Position Classification and Pay Plans' of Chapter 6 of the City Code (Ordinance No. S-569, Passed December 23, 1955) as Pertains to the Compensation Plan and to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended," is hereby amended as follows: A. That the position of "Public Works Foreman" is hereby established and placed in Range 31L of Section I of said ordinance. B. That the position of "Public Works Crew Leader" is hereby deleted from Range 28L and the position of "Automotive Technician" is hereby established and placed in the same Range 28L of Section I of said ordinance. C. That the position of "Automotive Service Worker" is hereby deleted from Range 23L of Section I of said ordinance. Section 5. That Ordinance No. G23-82 titled "An Ordinance Amending Article IV. Entitled 'The Adoption and Administration of Position Classification and Pay Plans' of Chapter 6 of the City Code (Ordinance No. S-569, Passed December 23, 1955) as Pertains to the Compensation Plan and to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended," is hereby amended as follows: A. That the position of "Rehabilitation Specialist" is hereby established and placed in Range 33S of Section I of said ordinance. B. That the position of Dispatcher/Route Inspector is hereby established and placed in Range 21 S of Section I of said ordinance. C. That the position of "Dispatcher" is deleted from Range 16S of Sec- tion I of said ordinance. D. That the position of "Planning Aide" is hereby established and placed in Range 13S of Section I of said ordinance. VOLUME L 558 Section 6. That the authorized strengths and distribution of manpower approved with the adoption of the 1985 budget and including replacing the position of Clerk Typist in the Cemetery Operation (500) with the position of Secretary be amended to reflect the position changes contained in this ordinance. Section 7. That the City Manager is hereby authorized and directed to prepare an appropriate schedule reflecting the foregoing amendments to salary ranges of the City of Elgin and to authorize retroactive payments for position changes approved in the 1985 budget. Section 8. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. Section 9. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. R/ R ' _hard L_ Verbic Richard L. Verbic, Mayor Presented: July 8, 1985 Passed: July 8, 1985 Vote: Yeas 4 Nays 2 Recorded: Published: Attest: s/ arie Year an Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR OFF-STREET PARKING AT 615 SLADE AVENUE Councilman Waters made a motion, seconded by Councilwoman Moyland to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Moylan, Shales, Waters and Mayor Verbic. Nays: Councilman Van De Voorde. ` 559 VOLUME L Ordinance No. G55-85 AN ORDINANCE GRANTING A SPECIAL USE FOR OFF-STREET PARKING AT 615 SLADE AVENUE WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of an off-street parking lot at 615 Slade Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation 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 an off-street parking lot at 615 Slade Avenue, Elgin, Illinois, legally described as follows: Lot 9 in Block 2 of Robert B. Moule's Subdivision of the East 336 feet of Block 2 and all of Block 3 of Fair Lawn Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Substantial conformance to the Preliminary Site Plan. 2. A four foot landscaping screen on the side adjoining residential lots. 3. 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 i VOLUME L 560 Presented: July 8, 1985 Passed: July 8, 1985 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Marie earm Marie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Burnidge, Cassell & Associates . $26 , 566 .42 Architectural services for Old Main H & B Sportswear 2 , 145 .00 Soccer Program Shirts Matilda Nelson 680 Forest Avenue 2, 950 . 00 Residential Rebate Program Korn/Ferry International 4 , 000 . 00 Search Services for City Manager Elgin Chamber of Commerce7 , 900 .00 Contribution for Elgin Advantage publication. Corporate Policyholders 2 , 115. 00 Completion of specifications, under- writing data and selection of brokers and markets for City Self-Insurance Program. Councilman Waters made a motion, seconded by Councilwoman Moylan to approve the above payments. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH LOCAL #439 INTER- NATIONAL ASSOCIATION OF FIREFIGHTERS Councilman Andersen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. 561 VOLUME L RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS WHEREAS, representatives of the City of Elgin and representatives of Local #439 International Association of Firefighters have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters , and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and the effected employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the proposed agreement by the City of Elgin and Local #,439 International Association of Firefighters, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Robert Malm, City Manager, be and is hereby authorized and directed to execute said agreement on behalf of the City of I Elgin. ichard L. Verbic, Mayor Presented: July 8, 1985 Adopted: July 8, 1985 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk I VOLUME L 562 REPORTS RECEIVED AND ORDERED PLACED ON FILE Transportation Operations Report March, 1985 Human Relations Commission Minutes 5/7/85 Land Use Committee Minutes 5/20/85 Land Use Committee Minutes 6/3/85 City Traffic Committee Minutes 6/13/85 Councilwoman Moylan made a motion, seconded by Councilman Van De Voorde to place the above reports on file. Yeas : Council- men Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings ADJOURNMENT Councilwoman Moylan made a motion, seconded by Councilwoman Shales to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9 : 10 p.m. Marie Yearman, City Clerk