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HomeMy WebLinkAboutMarch 25, 1985 CC VOLUME L March 25, 1985 177 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 March 25 , 1985 at 8:05 p.m. , in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Allen Campbell of the Grace United Methodist Church, and the Pledge of Allegiance was led by Councilman Schmidt . ROLL CALL Roll call was answered by Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Absent : Councilman Gilliam. Also present : Acting City Manager Robert Malm, Corporation Counsel Dan Blondin, City Clerk Marie Yearman, and members of staff. MINUTES OF THE MARCH 11, 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Andersen to approve the March 11, 1985 Council Minutes as published. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Carolyn Curry, 363 Franklin: I have a complaint about cats. I have spoken with several of the Council people about this matter and I understand that we have no ordinance against this, although there is an ordinance against dogs, there is none against cats. From what my Vet , Dr. Rock, tells me cats can carry rabies as well as dogs and I was just wondering if there was some- thing that can be done against these animals not only destroy- ing my property, but also carrying rabies , which during 1984 was a record in the County of Kane. Councilwoman Shales: I believe your specific complaint is there are cats who you have not been able to find the owner, who apparently wander the neighborhoods and destroy your yards. Under those circumstances I would presume that at least one of the problems is there a way to have an ordinance that would keep cats from becoming a nuisance to people who are not their owners. Carolyn Curry: More or less yes, something to keep them under control where they are populating so many times , and they are destroying property. 178 VOLUME L 1 I have called Animal Control and I have been told they do not pick up cats . Councilwoman Shales: Mr. Malm, is there any way the staff could look into this. Mr. Malm: Yes , I think it has several ramifications if it is patterned after the dog control ordinance. It would certainly have an impact on the Animal Control Department in terms of rounding up stray cats. It may involve the licensing of cats and it would also involve veterinary services once the cats are rounded up. Councilwoman Shales: It is hard to control cats, apparently it is easier to control dogs, but if cats are being a nuisance is there a way that people who are experiencing this could complain and have someone react to the complaint , rather than rounding up all the stray cats in the city. Councilman Schmidt : When you have this type of problem and you call the Animal Control Department and they refuse to come specifically what is their duty. Mr. Malm: In terms of cats if one has bitten someone then you have the authority to get the cat. Right now there is no provision . Councilman Schmidt : I think it would be wise to have the future Council or staff look into some type of ordinance where all animals that are being a nuisance can be covered, so people have some place to call. Mrs. Curry: All I am told is that it is called Animal Control but they do not pick up cats or other animals , the only thing that they are responsible for is dogs. If that is all they are responsible for then just state it , its a dog catcher, not animal control, specify one way or the other. Mayor Verbic: Thank you very much for coming down tonight. BID TABLED FOR SALE OF SURPLUS CITY PROPERTY Mayor Verbic opened the following sealed bids: A bid for old fire station #3 , submitted by Tele-Homes in the amount of $37 , 500; A bid for old fire station #3 , submitted by Window-Walls by Wegman in the amount of $35 , 000; VOLUME L 179 A bid for old fire station #3 , submitted by Thomas Hoppe in the amount of $45 , 500 ; A bid for old fire station #3 , submitted by LeWa Company in the amount of $44 , 000; and A bid for old fire station #3 , submitted by Thomas F. Harwood in the amount of $33 ,100 . Mayor Verbic: The offer submitted by Thomas Hoppe is subject to the following conditions: Transferability of the liquor license presently held by myself at the location of 1075 North Liberty Street as well as the approval of same by the Liquor Commission. No zoning or otherwise restrictions which would prevent the transfer of business from 1075 North Liberty Street to the old Elgin fire station. Said business being that of Hoppe ' s Corner North End Tap. . Mr. Malm: I believe that is a counter offer and it would have to be considered maybe as an inappropriate bid, but it certainly is a counter offer and not responsive to the bidding process. Thomas Hoppe: I proposed the bid of $45 , 500 and the only resons that I put the stipulations in there is if I could not move my license I would have a building for which I would have no use. Under the zoning code I should have the right , but it would still have to go before the Liquor Commission. If I would buy the building and the Liquor Commission would say no there I would spend $45, 000 for a piece of property that I would have to put up for sale too. I understand the location is right could I just scratch the transfer and go from there, just pull off that piece of paper. Counsel Blondin: No the bids have already been opened to allow you to change your bid at this point --- Mr. Hoppe: No, I am not changing the bid, the amount -- Mr. Blondin: You are changing the bid the offer is subject to these conditions and you would be withdrawing the conditions for which the offer was subject to. 180 VOLUME L Mr. Hoppe: I am not changing the price. I Councilman Andersen: No you are not changing the price, but you are changing one of the conditions under which we could accept the bid , and frankly we can ' t make that concession to you at this time. Counsel Blondin: That is correct . The only thing you could do at this time is if you rejected all the bids then you could open negotiations , but these conditions were clearly part of his counter-offer, which was not responsive to the bidding process. To allow him to change now would violate the Statutes and our own ordinances. Mr. Hoppe: I have never made out a sealed bid so I did not know how they operate. This is the way my bookkeeper, Mr. Ward, told me to put it in. We are all capable of making a mistake. There is no feasible instruction in that letter telling how to write out a bid other than the amount . Mayor Verbic: I have to go according to the City attorney who has ruled on this and under the circumstances we would have to deny it on the basis of what has been added to the bid. Councilman Andersen: Mr. Mayor, I make a motion we accept the highest reponsive bid. Councilwoman Shales : I will second that . Councilman Schmidt : Mr. Mayor, have they followed the full procedure of the bidding process and who are they. Mayor Verbic: I don't know. Councilman Waters: I assume that by passing this motion that legal counsel will review the bid submitted and make certain they are a valid party and able to submit such a bid. Mayor Verbic: Well he has abided by the rules in submitting a cashier' s check for 10% of the bid. Mr. Malm: I believe Mr. Garrison is associated with Katy Industries and Simpson Electric. Mayor Verbic: If there is no further discussion I will have the Clerk call the roll. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. VOLUME L 181 Heather Hunt : I have a question about the bid that you just accepted. It is my understanding they want to make a parking lot out of this. Mayor Verbic: I have no idea. I don 't know Mr. Garrison. Heather Hunt : I am with the Heritage Commission and we had sent out letters and talked with some of you people regarding tearing down this building since this is our last fire station. Were you planning on discussing our letter tonight or opening it up for discussion. Councilman Schmidt : I think we have accepted this bid and what the new owner does with it will be up to him. I am sure that if we put a restriction in there that it can not be torn down we would not get the price that we did. Mayor Verbic: I really think that the time for the Heritage Commission to have approached this was at the time that we put it out for bid. Heather Hunt : At the time the new fire station was being built the Commisson did send the Council a letter. Councilman Hansen: I did receive a letter but I presume that if you wanted to put such a restriction in you would have to reject all bids. Counsel Blondin: Yes. You would have to make a motion to reconsider your motion accepting that bid, then you would have to reject all these bids because obviously placing a deed restriction on it would be a substantial change in conditions and none of these bids would be responsive to that . Mayor Verbic: Mrs . Hunt , would you like to come up and explain briefly as to why you feel the fire station should remain as it is presently. Heather Hunt : I am a member of the Elgin Heritage Commission and we discussed this at our last meeting and as a Commission we feel that one of our duties shoudl be to look out for the historic properties in the area. This is the last of the old fire stations that the city has any control over, it is the last one that you own. The one on St . Charles Street is a much newer station. Councilman Schmidt : There is one on the west side that is still in its original state only it is made into a home. Heather Hune: I am saying that this is the last one that the city has. I am not saying that I don 't want the city to sell it , I am saying that I don' t want it demolished, and that is what the Commission is requesting. 182 VOLUME L In the letter that we sent you there were a couple of different avenues that we had hoped could be pursued. One would be a bid restriction and that would mean throwing out all the bids , we did't realize that a deed restriction would basically be the same thing. Not being of legal background I don't know exactly what needs to be done with this . I know personally that I sent letters to all of you a year ago, when the fire station was being built on Summit in regards to the same thing and the discussion was dropped because the bids had not been ready to go out . Until the bid package is prepared and sent out there is no way for anyone to know that it has gone out for bids and at the point when it has gone out for bids it is too late to ask for a stipulation on the bidding process. So saying that the Commission should have come to you ahead of time would have been impossible. There was no way for us to know it was going out for bids ahead of time. I guess what I am asking you to do is to throw out the bids and look at a new set of bids and at least consider this . Councilman Hansen: I appreciate old things I think as much as the next person, I am even a member of the Elgin Area Historical Society. My concern is twofold to consider this, one, I think we based the decision to consolidate and move the fire station on the basis of selling the existing building, so I am definitely in favor of having the City give up owner- ship and hopefully getting it back on the tax rolls . I also have a concern with how much historical property that a city can realistically renovate and support at taxpayer expense. Heather Hunt : I am not asking you to keep it , I am not asking you to renovate it at taxpayer' s expense, I am only asking you to stipulate that it not be torn down. If you are interested in getting it back on the tax roll, I would say that doing so as a parking lot would be of absolute minimum keeping it up as a building, no matter what goes into that structure is obviously going to mean a lot more ---- Councilman Hansen: Well not really, because parking lot improvements are assessed at 90� per square foot , which will be equivalent to $3 .00 a square foot for market value. Mr. Malm: I think when you figure out the assessed valuation of this as a parking lot it would be around $8, 770 and as a structure around $18, 700. There is a bout a $10 , 000 difference between a parking lot assessed valuation and a building. Councilman Hansen: I am not sure you could sell it . I am not sure about the marketability with that restriction on it . VOLUME L 183 Heather Hunt : Well you have at least four bids here this evening and only one of them is for a parking lot , so you apparently have three other bids. Councilman Hansen: But I don't know if they would want that deed restriction in a covenant form on their property, that would effect the property value. Heather Hunt : What I am asking you to do has nothing to do with tax dollars supporting this building, I am only asking you to do what you can as long as it is still under your control to see that it is not torn down. Councilwoman Shales: I would move that we reconsider our motion to award the bid to the highest responsive bidder and that we reject all bids. Counsel Blondin: You should have a motion to reconsider first . Councilwoman Shales: I will make a motion to reconsider. Mayor Verbic: Hearing no second to this motion it dies for lack of a second. BID AWARDED FOR MICROFILMING CITY STREET FILES Councilman Hansen made a motion, seconded by Councilman Waters to award this bid to the low bidder, Microchem, Inc.- Data Division, for a total amount of $8 , 579.00. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PRINTING THE RECREATION NEWSLETTER Councilman Waters made a motion, seconded by Councilman Schmidt to award this bid to the sole bidder, Reily Graphics , for an amount not to exceed $5 , 114 . 38. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales , Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE DEMOLITION OF CERTAIN STRUCTURES Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for the demolition and site clearance of 1266 Cedar and 379 Fulton to Turner Brothers Excavating for a total amount of $3 , 728. 00; and to award the bid for the demolition and site clearance of 107-109 South Chapel to E & E Hauling for a total of $2 , 700.00 . Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. 184 VOLUME L BIDS FOR SPARTAN MEADOWS PUMPING STATION REJECTED Councilman Waters made a motion, seconded by Councilman Andersen to reject the subject bids . Yeas : Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN ANTIQUE AUTOMOBILE REPAIR GARAGE Councilman Andersen made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. i VOLUME L 185 Ordinance No. G21-85 AN ORDINANCE GRANTING A SPECIAL USE FOR AN ANTIQUE AUTOMOBILE REPAIR GARAGE WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of an antique automobile repair garage at 735 Dundee Avenue; and Land Use Committee conducted a public hearing after due notice WHEREAS, the Lan s p 9 by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an antique automobile repair garage at 735 Dundee Avenue, Elgin, Illinois, legally described as follows: Lot 5 (except the North 10 feet thereof) and the North 3.7 feet of Lot 6 in Block 4 in McBride Heir's Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. A solid six foot fence shall be constructed along the north, east and south sides of the off-street parking lot located at the rear of the building. 2. Compliance with all 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 186 VOLUME L Presented: March 25, 1985 Passed: March 25 , 1985 Vote: Yeas 6 Nays 0 Recorded: Published: ,Atttest: 44r i rL Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT Mayor Verbic: : You all had enclosed in your agenda a letter written by an attorney whose business is located close to the proposed amusement establishment . Have you all had the opportunity to read this letter and are there any questions . Councilman Waters made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Councilman Hansen: I am a little concerned about two items , I guess the fact that Mr. Cavitt either did not receive a notifi- cation, or it was lost, or something, and I guess nobody knew this business was in existence near this place, I did not know it myself. Mr. Malm: Roger, the Council is referring to Mr. Cavitt ' s letter on the Douglas Avenue property and was concerned about the notice for the property owners. Pat Andrews: I did get a call about that letter, we checked the notice which was sent and it was sent to that address and we did not have it returned. Mayor Verbic: Two weeks we were assured by the person who is going to operate the establishment for the youth that he would have security outside and within the premises. Councilwoman Shales: Two weeks ago I had asked for a delay, I am not against this project going ahead, but I had some questions similar to Mr. Cavitts, and I wanted to know the experience of other communities about people on the outside hanging around and causing problems. Maybe this is ' nt a problem in other communities, but it is something that I had wanted investigated before we approved this project two weeks ago and that is why I asked for a delay. I don't know if it would do any good to delay it now. VOLUME L 187 I do not want to scuttle the project , I think the idea is an excellent one. I woould like to see it go ahead, but I would like to be sure that we are not creating problems for the downtown that we cannot handle when they come up, that is why I would like for us to be able to anticipate and handle ahead of time any problem that would come up. As I said I asked for a delay two weeks ago and I don 't know what to do now. Ben Corn: You don' t have to worry about anything like you are talking about because if it did happen I would close the place up immediately. I was in Mr. Cavvit ' s office and they did get the notice and they knew about this, everybody in the block got a notice. I think you are worrying about something that is not going to happen because I am not going to let it . Mayor Verbic: If a person has a lease for any extended period of time its pretty difficult to close them up. Ben Corn: I have the lease fixed so if there is any kind of a problem there, with the operation of the place, I can close it up in ten days. Mayor Verbic: Have you been assured there will be private security on the outside. I think those are the concerns of some of the people downtown. Ben Corn: I have visited other communities who have this type of place and I think those people are worrying about something that is not going to happen. Mayor Verbic: There has been a motion and second to pass this ordinance, if there is no further discussion I will ask the Clerk to call the roll. Yeas: Councilmen Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: Councilman Andersen. i VOLUME L 188 Ordinance No. G22-8S AN ORDINANCE GRANTING A SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of an amusement establishment at 13 Douglas 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 I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an amusement establishment at 13 Douglas Avenue, Elgin, Illinois, legally described as follows: The Southerly 43.5 feet of Lots 4 and 5 in Block 16 of James T. Gifford's Plat in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Conformance with the terms and conditions stated in the proposal for a teen nightclub, prepared by Richard A. Beyers. 2. Patrons shall be charged a separate admission fee each time they seek to enter the premises. 3. Compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME L 189 Presented: March 25, 1985 Passed: March 25 , 1985 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/Marie ' earmq Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN OFF-STREE PARKING LOT Councilman Waters made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays : None. 190 VOLUME L Ordinance No. 23-85 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OFF-STREET PARKING LOT WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of an off-street parking lot at the northwest corner of South Liberty Street and May 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 recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an off-street parking lot at the northwest corner of South Liberty Street and May Street, Elgin, Illinois, legally described as follows: Lot 23 of Block I of Wallin's Addition to the City of Elgin, Elgin Township, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Access for the off-street parking lot shall be limited to May Street. 2. Compliance with all applicable codes, ordinances and statutes. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. q/ Rich4rd L. Verbic Richard L. Verbic, Mayor VOLUME L 191 Presented: March 25, 1985 Passed: March 25 , 1985 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE AUTHORIZING AND DIRECTING THAT CERTAIN REAL PROPERTY BE ACQUIRED FOR PUBLIC PURPOSES - TABLED Councilman Waters made a motion, seconded by Councilwoman Shales to table the forementioned ordinance to April 1, 1985 at 5 : 15 p.m. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED ACCEPTING A GRANT OF EASEMENT FOR SEWER PURPOSES (Chicago Street Combination Sewer Rehabilitation ) Councilman Waters made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. 192 VOLUME L RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR SEWER PURPOSES (Chicago Street Combination Sewer Rehabilitation) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of easement from Clark Oil & Refining Corporation for sewer purposes, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of easement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 25, 1985 Adopted: March 25 , 1985 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF TANK INDUSTRY CONSULTANTS, INC. FOR INSPECTIONS OF OVERHEAD WATER TANK Councilman Waters made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Hansen, Schmidt , Shales , Waters and Mayor Verbic. Nays: None. i VOLUME L 193 RESOLUTION ACCEPTING THE PROPOSAL OF TANK INDUSTRY CONSULTANTS, INC. FOR INSPECTION OF OVERHEAD WATER TANK 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 Tank Industry Consultants, Inc. for inspection of the overhead water tank at Commonwealth Avenue and Schuler Street, a copy of which is attached hereto and made a part hereof by reference. S� Richard L. Verbic Richard L. Verbic, Mayor Presented: March 25, 1985 Adopted: March 25 , 19 8 5 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF DUANE HULKE MASONRY FOR REPAIRS TO THE SLADE AVENUE WELL Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. 194 VOLUME L RESOLUTION ACCEPTING THE PROPOSAL OF DUANE HULKE MASONRY FOR REPAIRS TO THE SLADE AVENUE WELL 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 Duane Hulke Masonry for repairs to the Slade Avenue well, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 25, 1985 Adopted: March 25, 19 8 5 Vote: Yeas 6 Nays 0 Recorded: Attest: s/Marie Yearm Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING GRANTS OF EASEMENT FOR A STORM SEWER (Lake Lyle Access ) Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. VOLUME L 195 RESOLUTION ACCEPTING GRANTS OF EASEMENT FOR A STORM SEWER (Lake Lyle Access Easement) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts grants of easement from the property owners adjacent to Lake Lyle for storm sewer purposes, copies of which are attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grants of easement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. — s/ Richard L, Verbic Richard L. Verbic, Mayor Presented: March 25, 1985 Adopted: March 25 , 19 8 5 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINIS- TRATION 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 Councilman Andersen made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales and Mayor Verbic. Nays: Councilman Waters. 196 VOLUME L Ordinance No. G-24-85 AN ORDINANCE AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6 OF THE CITY CODE (ORDINANCE NO. S-569, PASSED DECEMBER 23, 1955) AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED WHEREAS, the City Council of the City of Elgin has, in addition to ratifying and implementing negotiated Agreements reached by the City with various Employee Relations Committees, approved wage and benefit packages for employees not covered by a negotiated Agreement; and WHEREAS, the City of Elgin has agreed to implement a new schedule for management employees as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. S-569, passed December 23, 1955) , as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: OFFICIAL MANAGEMENT 'A' GROUP SALARY PLAN Salary Range Position I II III IV V VI 65 A Corporation Counsel 3501 3697 3904 4122 4352 4596 58 A Police Chief 3180 3326 3463 3617 3772 3934 Fire Chief Public Works Director/ City Engineer 55 A Finance Director 2984 3117 3249 3391 3538 3694 54 A Interim City Manager 2919 3049 3180 3326 3463 3617 52 A Public Property and 2795 2919 3049 3180 3326 3463 Recreation Director Water Operations Director 50 A Assistant to City Manager 2679 2795 2919 3049 3180 3326 Engineering Director Planning Director 47 A Building Maintenance Director 2517 2623 2736 2857 2984 3117 46 A Transit Director 2468 2568 2679 2795 2919 3049 VOLUME L 197 Section 2. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. S-569, passed December 23, 1955, as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: OFFICIAL MANAGEMENT 'B' GROUP SALARY PLAN Salary Range Position I II III IV V VI 50 B2 Deputy Police Chief 3201 3337 49 B2 Deputy Fire Chief 3130 3269 48 B Engineering Supervisor 2579 2692 2812 2928 3052 3185 46 B3 Police Lieutenant 2053 3068 46 B Civil Engineer II 2480 2579 2692 2812 2928 3052 Parks Superintendent Public Works Superintendent Water Operations Engineer 45 B Assistant Finance Director 2426 2530 2635 2752 2869 2988 44 B Purchasing Agent 2375 2480 2579 2692 2812 2928 i r P anner Senior Land Use o 1 / Administrator 43 B Data Processing Supervisor 2329 2426 2530 2635 2752 2869 41 B Electrical Superintendent 2235 2329 2426 2530 2635 2752 Greens Superintendent Recreation Director 40 B Accounting Supervisor 2183 2284 2375 2480 2579 2692 37 B Construction Supervisor 2057 2147 2235 2329 2426 2530 34 B Assistant Corporation Counsel 1937 2021 2096 2183 2284 2375 Section 3. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. S-569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: OFFICIAL MANAGEMENT 'C' GROUP SALARY PLAN Salary Range Position I II III IV V VI 45 C1 Fire Captain - Administration 2901 3033 44 C5 Fire Captain 2841 2966 43 C4 Police Lieutenant 2670 2782 2901 43 C Crime Analyst/Records 2352 2450 2555 2661 2771 2889 198 VOLUME L Salary Range Position I II III IV V VI 40 C Associate Planner 2205 2306 2399 2504 2605 2718 Public Health Officer 38 C Auditorium Operations Manager 2117 2205 2306 2399 2504 2605 Chief Plant Operator Sewer Supervisor Transit Supervisor 37 C Assistant Public Works 2078 2168 2257 2352 2450 2555 Superintendent Civil Engineer I 35 C Accountant 1998 2078 2168 2257 2352 2450 Analyst/Programmer City Clerk Planner 34 C Assistant Building Maintenance 1956 2041 2117 2205 2306 2399 Superintendent Cemetery Supervisor Garage Supervisor Parks Maintenance Supervisor Water Meter Supervisor 33 C Human Relations Coordinator 1904 1998 2078 2168 2257 2352 Program Coordinator 32 C1 Parking Meter Supervisor 1867 1956 2041 2117 2205 2306 31 C Water Laboratory Chemist 1828 1904 1998 2078 2168 2257 29 C Program Analyst 1754 1828 1904 1998 2078 2168 Programmer Recreation Supervisor 15 C6 Executive Secretary 1613 1681 1754 1828 1904 1998 Personnel Assistant 16 C6 Legal Secretary 1338 1395 1454 1516 1580 1647 7 C6 Clerk-Typist - Personnel 1110 1156 1205 1257 1310 1366 Section 4. That all other ranges in the 'A' , 'B' and 'C' schedule of standard salary ranges be and are hereby amended accordingly and that the City Manager is hereby authorized and directed to prepare the appropriate schedules reflecting the foregoing amendments to salary ranges of the City of Elgin. VOLUME L 199 Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. That this ordinance shall be in full force and effect as of December 23, 1984. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 25, 1985 Adopted: March 25 , 1985 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Marie Year n Marie Yearman, City Clerk 200 VOLUME L FINAL PLAT APPROVAL FOR UNIT 5 OF KENNINGTON SQUARE Councilman Hansen made a motion, seconded by Councilman Andersen to approve the aforementioned Plat . Yeas: Councilmen Andersen, Hansen, Schmidt , Shales , Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Illinois Bell Telephone $8, 313 .00 Purchase of existing tele- phone wiring for new tele- phone system. Woodland Landfill $12 , 147 . 70 Refuse charges for February, 1985 . Burroughs Corp. $4 , 239 . 55 Purchase of check encoder/ endorser. Mohawk Mfg. & Supply $3 , 384 .24 Misc. bus parts. Grand Stage Lighting $3 , 495. 90 Electrical parts stock for Hemmens. Acusnet Sales Co. $1, 513 . 60 Purchase of golf balls. Rohlwing Brothers $3,408.00 Sanitation truck tires . Gem Business Forms $2 , 179. 56 Traffic Ticket & Complaint forms Raymond Stalter 175 S. Belmont St . $1, 670. 62 Residential Rebate Program Betty Sue Anderson 216 Mill Street $1, 663 . 00 Residential Rebate Program Ozelia Brown 419 Fremont St . $1- 856 . 04 Residential Rebate Program Helen Belew 218 N. Gifford St . $2 , 755 . 59 Residential Rebate Program Councilman Waters made a motion, seconded by Councilman Schmidt to approve the above payments . Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. VOLUME L 201 REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales tax report for December, 1984 Motor Fuel Tax Audit Report Public Works Report for February, 1985 Elgin Metropolitan Exposition Auditorium & Office Building Authority minutes Elgin Human Relations Commission Minutes Elgin Beautification Commission minutes Park & Reclamation Commission Minutes Cemetery Report for February, 1985 Budget Summary dated March 13 , 1985 RECOGNIZE PERSONS PRESENT Dennis Ward: I understand there has been an acceptance of a bid on what is commonly know as old Elgin fire station #3 . Tom Hoppe happens to be a friend and a client and he has asked that I come up here because either he did not articulate properly his concern, or did not understand the Council' s concern. I believe he submitted a bid that was in excess of any of those that were submitted and that was $45 , 500, and the intent of that bid was to present it in front of the Council, any conditions of that bid were subject to the immediate Council' s recognition. We have those persons present who are part of the Liquor Control Commission and the purely routine transfer of a liquor license could then be informally approved somewhat athis meeting and the recognition that this building is zoned properly for that was the intent of that offer, and I think perhaps if that intent , he not represented by legal counsel, and if that intent was superceded by the form of that offer, I would ask that maybe you reconsider, or at least provide us with some kind of an explanation because the idea was to provide the City with the highest legitimate bid in terms of dollars for that property. Mr. Hoppe also presented to you the fact that this building would have a functional value rather than being torn down and made into a parking lot . Maybe we could retain some of the heritage of the city in one of its oldest fire stations in making it some place of attraction. I just present that to you and ask for whatever is available in the area of reconsideration. Mayor Verbic: Mr. Ward, Dan Blonding, the City Attorney has said that any additiona to the bid process in essence provides a nullified bid as far as the city is concerned. 202 VOLUME L Dennis Ward: Mr. Hoppe is willing, or has expressed, if I am not mistaken, the ability to circumvent those conditions. The idea and the intent again was to present it before the Council that had the authority to act on those matters that concerned him, that is he wanted to transfer his liquor license to that location and he wasnted to be assured that he could open up his business that he is now conducting. Mayor Verbic: The Liquor Control Commission meets once a month and it is an entirely different body, it is composed of members of this group, two Council members and myself, and we only meet once a month for that purpose of considering transfers of license, so this does not come before the Council for those purposes of transfer. It makes it difficult when you look at what has been requested above and beyond what the other bids have presented. I feel that what the attorney has stated probably is equitable as far as all the bidders in the process. Dennis Ward: We had a problem and I might remind you, and I am not familiar with the exact conditions on it , but fire station #2 , if am not mistaken, was bid twice as well, because the first time it was bid there appeared to be a problem and confusion regarding the bidding process, it was then resubmitted for a second bid and brought back out under a second bid. Is it possible for a reconsideration along those lines. Mayor Verbic: We have already had a request from one of the members of the Council, who has asked for a reconsideration, but there was no second to this motion. . Councilwoman Shales: Could I make the motion again. Counsel Blonding: I would only point out you would be in the same position. You would have to reconsider and then reject all bids. Regardless of what the intent of the bidder was when he submitted that particular bid it is clear it was not responsive to the bid request and it is also clear that the could not change that bid at this time without prejudicing the other bidders, so the only option the Council would have at this time is to make a motion to reconsider, if that motion passed then you would have to reconsider your original motion and if you then decided not to accept that other bid, you could then reject all bids , but in no case could you simply elect to ignore those restrictions and accept his bid tonight . You would have to reject all bids and then enter into some kind of negotiations or rebid. Dennis Ward: I understand and I guess that is all Mr. Hoppe is asking for, because he was the highest bidder , he is not represented by legal counsel, he is not aware of the bidding process and he is coming to you as an individual who wants to buy a piece of city property and has some concerns about its use. i VOLUME L 203 Councilwoman Shales: I would like to make a motion for reconsideration of the question. Councilman Schmidt : I will second that motion. Councilman Andersen: Mr. Mayor, I don 't think we have a legal leg to stand on and I would have to vote against it . Councilman Schmidt : According to Corporation Counsel we do have a leg to stand on. Counsel Blondin: Well you can reject the bids then rebid or negotiate, but you clearly could not accept that bid. Councilman Hansen: Are we compromising ourselves to reject the bids. Counsel Blondin: No, you clearly by Statute can reject all bids on a simple majority vote, but you would have to first reconsider your other motionand then you would have to have a second motion to reject all bids, but you are clearly within your rights to do that . Councilman Waters: If you reject all bids on what basis do you go out and ask for bids again on the very same bid specifications. Counsel Blondin: I wuld assume that you could either direct different bid specifications to be included in there, or you could require us to go out and bid again and hope that we would either get a higher bid or a different bid. I think as a practical matter you are right there is very little like- lihood you would get substantially different bids. Dennis Ward: Again, I am not familiar with the particulars, but a similar situation happened with fire station #2 where all the bids were rejected and it was resubmitted, and in that case the city came out as the victor because he got an acquisition price which far exceeded the original bids. Mayor Verbic: We have before us a motion for reconsideration and before you can reject bids this motion has to pass. Councilman Schmidt : The reason that I seconded this motion I am going to change this vote because I was a little concerned when this lady came up and informed us that it was going to be torn down, and I think we have to keep some of these old buildings. My only concern is do I want to see it as a tavern. Mayor Verbic: If there is no further discussion, I will have the Clerk call the roll. I am going to vote yes and the reason why, I believe the young lady from the Heritage Commission has made me feel a little bit more that rather than having a parking 204 VOLUME L lot , I would like to see the heritage of a fire station, I believe this is the oldest one, and with the new bids hopefully we can have a bid which will enable the building to be maintained. Yeas: Councilmen Hansen, Schmidt , Shales and Mayor Verbic. Nays: Councilmen Andersen and Waters. Councilwoman Shales: I make a motion that we reject all bids for the fire station. Councilman Schmidt : Second. Councilman Waters: Just a comment . I think it shows bad faith on the part of the city to go through the bidding process such as this and then reject the bids in hopes of pushing those bids up higher with the re-submission. I think it is bad faith and inappropriate . Counsel Blondin: I would just like to point out that you have made a motion to reconsider now I think you have to have a vote on your original motion to award the bid to LeWa Company. You need to vote on that because that motion is now under reconsideration, that is the motion that you voted to reconsider. Basically you are going to have another vote on that same thing again and then if that fails then you can make a motion to reject all bids. You have already made a motion to reconsider therefore the original motion to accept that highest bid is back on the table again and has to be voted upon before you can have a motion to reject all remaining bids . Mayor Verbic: You know something like this requires a lot of study. I have always been interested in economic development , as you well know, and I know what the job opportunities are and how important they are to the people in Elgin. I do know that Simpson Electric does employ maybe 650 - 700, but I do not know if Mr. Marrow is associated with them, someone mentioned yes that it is for that purpose. I know the problem that you have with parking over there it is a very acute problem and I know what Katy Industries has done as far as the City of Elgin. Even if Mr. Garrison is associated with Mr. Marrow, buying it for that purpose, I think that perhaps I am going to have to reconsider and think in terms of the need for parking for Simpson Electric/ Katy Industries, and think in terms of the jobs that they provide for the people in Elgin. I think that is one of the prime things to realize at this particular time and this is the way I am going to think in terms of voting. VOLUME L 205 Mr. Malm: I believe the motion is to award the bid to the LeWa Company. Yeas: Councilmen Andersen, Waters and Mayor Verbic. Nays: Councilmen Hansen, Schmidt and Shales. Mayor Verbic: Motion fails for lack of a majority. Councilwoman Shales made a motion, seconded by Councilman Schmidt to reject all bids. Yeas: Councilmen Hansen, Schmidt and Shales. Nays: Councilmen Andersen, Waters and Mayor Verbic. Councilman Waters made a motion, seconded by Councilman Andersen to table this matter until the next regular Council meeting. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilmen Andersen made a motion, seconded by Councilwoman Shales to adjourn the Council Meeting to go into the Committee of the Whole Meeting. Yeas: Councilmen Andersen, Hansen, Schmidt , Shales, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9: 20 p.m. A � a � °ci'WL�lc..(ti.J Marie Yearma , City Clerk VOLUME L April 1, 1985 205A COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT SPECIAL MEETING A special meeting of the Council of the City of Elgin, Illinois, was held on April 1, 1985 at 5: 15 p.m. , in the Council Conference Room of City Hall. The meeting was called to order by Councilman Schmidt . ROLL CALL Roll call was answered by Councilmen Hansen, Schmidt , Shales and Waters. Councilman Andersen arrived at 5 :30 p.m. , and Councilman Gilliam arrived at 5: 35 p.m. Absent : Mayor Verbic. APPOINTMENT OF MAYOR PRO TEM Councilwoman Shales made a motion, seconded by Councilman Hansen to appoint Councilman Schmidt Mayor Pro Tem. Yeas: Councilmen Hansen, Shales and Waters. Nays: None. Abstained: Councilman Schmidt . ADJOURNMENT TO EXECUTIVE SESSION Councilman Waters made a motion, seconded by Councilman Hansen to adjourn to Executive Session to discuss acquisition of property. Yeas: Councilmen Hansen, Shales, Waters and Mayor Pro Tem Schmidt . Nays: None. COUNCIL MEETING RECONVENED RECOMMENDED 1985 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Roger Dahlstrom provided the Council with the 1985 proposed Housing and Community Development Block Grant Project List . Mr. Dahlstrom stated that those projects marked with an asterick should be considered as a prior commitment . The nominal group survey technique requires the members of the Hearing Committee to rank each project in numerical order of importance, one ( 1) being the highest priority item ranked. The individual lists generated by each Committee member are then collected and each project is scored according to the lists . This first survey round keeps the top 50% of the scored projects for further evaluation. y 205B VOLUME L The Committee members will then complete a second ranking list with these top projects. The individually ranked lists are tabulated and projects are scored a second time. Again the top 50% are kept for a third evaluation. The process is repeated until the projects have been prioritized within the budget constraints of the HCD alloation. Methodology: 1. Generation of individual priorities list ranked in numerical order - lowest number being highest priority. 2. Individual projects scored. 3 . Top 50% of ranked projects identified for further evaluation. 4 . Generation of second individual priorities lists ranked in numerical order for top ranked projects. 5 . Individual projects scored. 6. Procedure is repeated as necessary to finalize project list within budget restrictions. Mr. Dahlstrom further advised the Council that in meeting with Mayor Verbic last week, the Mayor indicated he would be out of town and not present at tonight ' s meeting. The Mayor gave Mr. Dahlstrom a prioritized list of projects to be included with those projects being surveyed by the Council tonight . Mr. Dahlstrom stated that during his conversation with the Mayor, the Mayor pointed out that the City' s 1985 Budget included a $250,000 amount for street improvements in the National/ Street/ South Grove Avenue area from the Capital Improvement Program, and a $250,000 amount for the Summit Street re- surfacing project from the Motor Fuel Tax Fund. Since the Summit Street resurfacing project meets eligibility criteria for inclusion as an HCD activity, which would free up $250,000 in the Capital Improvement Fund, if accompanied by a transfer of the National Street/South Grove improvment to the MFT Fund. The Council indicated their approval to the re-budget of the 1985Capital Improvement Fund and proceeded to prioritize the HCD 1985 Budget . VOLUME L 205C After tabulation of the individual priorities list the following appropriations were approved by the Council: 1985 HCD Budget Prairie Path $ 200 ,000 Summit Street Reconstruction 250, 000 Curb, Gutter and Sidewalk 75, 000 NHS Tool Lending 5,000 Central Business District - EDP 100 , 000 Residential Rehabilitation Rebate Program 100 , 000 Planning and Management 100 , 000 Administration 50,000 Contingency 70 , 000 Total $ 950,000 Re-Budget of Capital Improvement Funds to provide for the following projects: R/UDAT Architectural Study, Dundee Avenue 20 , 000 Acquisition, Demolition, Parking Lot Construction, Dundee Avenue 75 , 000 Exterior Improvement Loan Program - Dundee Avenue 50 , 000 Keep Avenue Parking Lot Construction 25 ,000 Public Handicapped Accessibility 45 , 000 Gifford Park Rehabilitation and Resale 35 , 000 $ 250, 000 ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Andersen to adjourn the meeting. Yeas: Councilmen Andersen, Gilliam, Hansen, Shales, Waters and Mayor Pro Tem Schmidt . Nays: None. The meeting was adjourned at 8: 50 p.m. ll 9 r Marie Yearma City Clerk