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HomeMy WebLinkAboutNovember 11, 1985 CC VOLUME L November 11, 1985 837 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING tin of the Council of the City of Elgin, Illinois was held on November 1 A regular meeting g y g , , 1985 at 8:30 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Dr. Willis Reed of the First Baptist Church and the Pledge of Allegiance was led by Chris Lemke. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Absent: None. MINUTES OF THE OCTOBER 28, 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Shales, to approve the October 28, 1985 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Presentation of Award of Financial Reportinq Achievement to James H. Bolerjack, Jr. Mayor Verbic presented an award to James H. Bolerjack, Jr. for the City of Elgin's Annual Report for the fiscal year ending December 31, 1984 which qualifies Elgin for a certificate of conformance in financial reporting. BID REJECTED FOR THE TYLER CREEK STABILIZATION Councilman VanDeVoorde made a motion, seconded b Councilman Waters, to reject the Y bid of Alliance Contractors, Inc. and to enter into a negotiated contract with Alliance Contractors, Inc. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE PAINTING OF THE SANITATION GARAGE Councilwoman Moylan made a motion, seconded by Councilman VanDeVoorde, to award this bid to L. Morris & Son Painting Incorporated for a total bid price of $3,600. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE ROOF REPAIRS TO THE SANITATION GARAGE Councilwoman Shales made a motion seconded b Councilwoman Moylan, to award this � bid to Action Roofing for a total bid price of 1,440. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Noys: None. 838 VOLUME L BID AWARDED FOR PAINTING IMPROVEMENTS TO FIRE STATION NO. 5 Councilman Waters made a motion, seconded by Councilman VanDeVoorde, to award this bid to Ron Baker Painting for a total bid price of $2,000. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE WATER DEPARTMENT LEAK SURVEY Councilwoman Shales made a motion, seconded by Councilwoman Moylan, to award this bid to Donahue & Associates for an estimated bid price of $8,293.30. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE GIFFORD PARK LIGHTING Councilman Waters made a motion, seconded by Councilman VanDeVoorde, to award this bid to Mielke-Lauderdale Electric Contracting of Elgin for a total bid price of $19,687.50. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING REGARDING THE ISSUANCE OF ECONOMIC DEVELOPMENT BONDS OF THE CITY OF ELGIN IN AN AMOUNT NOT TO EXCEED $2,500,000 FOR BUTLER PHARMAPAC, INC. Mayor Verbic opened the public hearing for the issuance of Economic Development Revenue Bonds of the City of Elgin in an amount not exceeding $2,500,000 for the benefit of Butler Pharmapac, Inc. Corporation Counsel Jentsch stated that a public hearing is required by federal law prior to the issuance of economic development bonds. The purpose of the public hearing is to give anyone who has a position concerning the issuance of the bonds an opportunity to be heard. If no one appears, the appropriate action is to close the hearing. Councilman Waters made a motion, seconded by Councilwoman Shales, to close the public hearing. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING SECTION 6.06.055 OF THE ELGIN MUNICIPAL CODEL 1976, REGARDING EXTENDED HOURS PERMIT Councilwoman Moylan made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde and Waters. Nays: Mayor Verbic. VOLUME L 839 Ordinance No. G90-85 AN ORDINANCE AMENDING SECTION 6.06.055 OF THE ELGIN MUNICIPAL CODE, 1976, REGARDING EXTENDED HOURS PERMIT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 6.06.055 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 116.06.055 Extended Hours Permit There is hereby established an extended hours permit to allow the retail sale of alcoholic liquor for consumption on premises until 4:00 A.M. every day. Provided, no extended hours permit shall be issued except to persons holding a valid Class A, AA, C, D or E license and whose establish- ment includes a restaurant or dining room having a regular dining capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than 150 persons at any one time. Provided, no extended hours permit shall be issued to any licensee whose establishment is located 100 feet or closer to any resi- dential zone as measured from the boundary line of such residential zone to the building in which licensee's establishment is located. Provided further, the foregoing limitation on the issuance of extended hours permits shall not apply to otherwise qualified establishments located 100 feet or closer to a residential zone, for which an extended hours permit had been issued prior to November 11, 1985. Such otherwise qualified establishments shall be permitted to continue sales in conformance with its extended hour permit and may renew such extended hours permit, until such sales are abandoned or discontinued or until such permit expires and is not renewed on or before such expiration." Section 2. That all ordinances or parts of ordinance 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 840 VOLUME L Presented: November 11, 1985 Passed: November 11, 1985 Vote: Yeas 6 Nays I Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk i ORDINANCE PASSED AMENDING CHAPTER 19.44 OF THE ELGIN MUNICIPAL CODE 1976, TO REGULATE THE LOCATION OF PAVED OFF-STRL�i PARKING SPACES FOR SINGLE-FAMILY OR TWO-FAMILY DWELLING UNITS Councilman Waters made a motion, seconded by Councilman Andersen, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. i i i I VOLUME L 841 Ordinance No. G89-85 AN ORDINANCE AMENDING CHAPTER 19.44 OF THE ELGIN MUNICIPAL CODE, 1976, TO REGULATE THE LOCATION OF PAVED OFF-STREET PARKING SPACES FOR SINGLE-FAMILY OR TWO-FAMILY DWELLING UNITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 1119.44.100 Location E. Parking spaces required for single-family or two-family dwelling units, except those spaces that may be located in approved garages, shall be located on a concrete or asphaltic surface in rear or side yards on the some lot as the dwelling served, with the exception that such required off- street parking spaces may be located on the concrete or asphalt driveway area within the required front yard setback. Spaces other than those required by this chapter shall also be surfaced with concrete or asphalt, and the location must be approved by the land use administrator." Section 2. That all 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 Presented: November 11, 1985 Passed: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk 842 VOLUME L RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH WHEELING TRUST AND SAVINGS BANK, ROGER H. MILLER, LORRAINE L. MILLER DONALD C. MILLER, AND EILEEN R. MILLEl� (Miller Property) Councilman VanDeVoorde made a motion, seconded by Councilman Andersen, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH WHEELING TRUST AND SAVINGS BANK, ROGER H. MILLER, LORRAINE L. MILLER, DONALD C. MILLER AND EILEEN R. MILLER (Miller Property) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agree- ment in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor ' VOLUME L 843 Presented: November 11, 1985 Adopted: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Miller Property) Councilwoman Shales made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. I 844 VOLUME L Ordinance No. G92-85 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Miller Property) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the territories and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: Parcel One That part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the South- west corner of the Southeast quarter of said Section 34; thence North 4 degrees 05 minutes East 2,972.68 feet through a point on the East and West quarter section line that is 149.0 feet East of the center of said Section 34; thence North 78 degrees 44 minutes West 592.26 feet; thence South 9 degrees 17 minutes West parallel with the center line of State Route 31, a distance of 248.03 feet; thence North 81 degrees 08 minutes West 164.18 feet for the place of beginning; thence continuing North 81 degrees 08 minutes West 233.0 feet to the center line of State Route 31; thence South 9 degrees 17 minutes West along said center line 250.0 feet; thence South 81 degrees 08 minutes West 164.18 feet for the place of beginning; thence continuing North 81 degrees 08 minutes West 233.0 feet to the center line of State Route 31; thence South 09 degrees 17 minutes West along said center line 250.0 feet; thence South 81 degrees 08 minutes East 75.0 feet; thence South 09 degrees 17 minutes West parallel with the center line of State Route 31, a distance of 20.0 feet; thence South 81 degrees 08 minutes East 100.0 feet; thence South 7 degrees 52 minutes West 42.73 feet to the Northwest corner of a private road as platted in Miller's Hangars, a sub- division in part of said Section 34; thence South 89 degrees 21 minutes East VOLUME L 845 along said North line 364.38 feet; thence North 00 degrees 39 minutes East 100.0 feet; thence North 89 degrees 21 minutes West parallel with the North line of said private road, a distance of 125.00 feet; thence South 00 j degrees 39 minutes West 9,0 feet; thence North 89 degrees 21 minutes West, parallel with the North line of said private road, a distance of 148.35 feet; thence North 3 degrees 59 minutes 44 seconds East 210.43 feet to the place of beginning, in Dundee Township, Kane County, Illinois. Also that part of State Route 31 lying Westerly of the center line of said highway between the North and South lines extended Westerly of the above- described property, in Dundee Township, Kane County, Illinois. Parcel Two That part of the Northwest quarter and the Southwest quarter of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, Dundee Township, Kane County, Illinois, described as follows: Commencing at the Southeast corner of the Southwest quarter of said Section 34; thence North 4 degrees 05 seconds East, a distance of 94.93 feet to an iron stake; thence North 57 degrees 08 seconds West, a distance of 364.1 feet to an iron pipe; thence North 34 degrees 43 seconds West, a distance of 503.4 feet to an iron stake; thence North 25 degrees 21 seconds West, a distance of 635.0 feet to an iron stake; thence North 7 degrees 52 seconds East, a distance of 1,335.0 feet to an iron stake for the place of beginning; thence South 81 degrees 08 seconds East, a distance of 58.0 feet to an iron pipe; thence North 9 degrees 17 seconds East, a distance of 270.0 feet to an iron pipe; thence North 81 degrees 08 seconds West a distance of 233.0 feet to a point in the center line of State Route 31; thence South 9 degrees 17 seconds West, 250.0 feet along the center line of State Route 31 to a point; thence South 81 degrees 08 seconds East, a distance of 75.0 feet to an iron pipe; thence South 9 degrees 17 seconds West, a distance of 20.0 feet to an iron pipe; thence South 81 degrees, 08 seconds East, a distance of 100.0 feet, to the place of beginning, in Kane County, Illinois. Section 2. That a certified copy of this ordinance together with on accurate map Of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect from and after its passage as provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor I 846 VOLUME L Presented: November 11, 1985 Passed: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION, (Miller Property) Councilman VanDeVoorde made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. i I I i I VOLUME L 847 Ordinance No. G93-85 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION (Miller Property) WHEREAS, the territory herein described has been annexed to the City of Elgin pursuant to the terms of an annexation agreement between the City of Elgin and the owners of record of said territory; and WHEREAS, the annexation agreement concerning said territory provides that the City of Elgin shall proceed to classify the territory in accordance with its terms; and WHEREAS, all required public hearings have been conducted and all notices required to be given by law have been given; and i WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the some is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the B-3 Service Business District, the following described property: Parcel One That part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the South- west corner of the Southeast quarter of said Section 34; thence North 4 degrees 05 minutes East 2,972.68 feet through a point on the East and West quarter section line that is 149.0 feet East of the center of said Section 34; thence North 78 degrees 44 minutes West 592.26 feet; thence South 9 degrees 17 minutes West parallel with the center line of State Route 31, a distance of 248.03 feet; thence North 81 degrees 08 minutes West 164.18 feet for the place of beginning; thence continuing North 81 degrees 08 minutes West 233.0 feet to the center line of State Route 31; thence South 9 degrees 17 minutes West along said center line 250.0 feet; thence South 81 degrees 08 minutes West 164.18 feet for the place of beginning; thence continuing North 81 degrees 08 minutes West 233.0 feet to the center line of State Route 31; thence South 09 degrees 17 minutes West along said center line 250.0 feet; thence South 81 degrees 08 minutes East 75.0 feet; thence South 09 degrees 17 minutes West parallel with the center line of State Route 31, a distance of 20.0 feet; thence South 81 degrees 08 minutes 848 VOLUME L East 100.0 feet; thence South 7 degrees 52 minutes West 42.73 feet to the Northwest corner of a private road as platted in Miller's Hangars, a sub- division in part of said Section 34; thence South 89 degrees 21 minutes East along said North line 364.38 feet; thence North 00 degrees 39 minutes East 100.0 feet; thence North 89 degrees 21 minutes West parallel with the North line of said private road, a distance of 125.00 feet; thence South 00 degrees 39 minutes West 9.0 feet; thence North 89 degrees 21 minutes West, parallel with the North line of said private road, a distance of 148.35 feet; thence North 3 degrees 59 minutes 44 seconds East 210.43 feet to the place of beginning, in Dundee Township, Kane County, Illinois. Also that part of State Route 31 lying Westerly of the center line of said highway between the North and South lines extended Westerly of the above- described property, in Dundee Township, Kane County, Illinois. Parcel Two That part of the Northwest quarter and the Southwest quarter of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, Dundee Township, Kane County, Illinois, described as follows: Commencing at the Southeast corner of the Southwest quarter of said Section 34; thence North 4 degrees 05 seconds East, a distance of 94.93 feet to an iron stake; thence North 57 degrees 08 seconds West, a distance of 364.1 feet to an iron pipe; thence North 34 degrees 43 seconds West, a distance of 503.4 feet to an iron stake; thence North 25 degrees 21 seconds West, a distance of 635.0 feet to an iron stake; thence North 7 degrees 52 seconds East, a distance of 1,335.0 feet to an iron stake for the place of beginning; thence South 81 degrees 08 seconds East, a distance of 58.0 feet to an iron pipe; thence North 9 degrees 17 seconds East, a distance of 270.0 feet to an iron pipe; thence North 81 degrees 08 seconds West a distance of 233.0 feet to a point in the center line of State Route 31; thence South 9 degrees 17 seconds West, 250.0 feet along the center line of State Route 31 to a point; thence South 81 degrees 08 seconds East, a distance of 75.0 feet to an iron pipe; thence South 9 degrees 17 seconds West, a distance of 20.0 feet to an iron pipe; thence South 81 degrees, 08 seconds East, a distance of 100.0 feet, to the place of beginning, in Kane County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee and a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Section 3. That a special use permit for the development and use of the subject property as an automobile service station is hereby granted subject to the terms and conditions of the agreement for the annexation of the property described by and between the City of Elgin and the owners of record, a copy of which has been filed with the City Clerk. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME L 849 Presented: November 11, 1985 Passed: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE FIRST NATIONAL BANK OF ELGIN FOR COLLATERAL IZATION OF CITY'S BANK ACCOUNTS Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. 850 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE FIRST NATIONAL BANK OF ELGIN FOR COLLATERALIZATION OF CITY'S BANK ACCOUNTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the First National Bank of Elgin utilize the services of Federal Reserve Bank of Chicago for the custody of securities pledged to the City of Elgin or to any of its agencies or departments, upon terms and conditions prescribed by the Federal Reserve Bank of Chicago. BE IT FURTHER RESOLVED that such securities deposited for custody with Federal Reserve Bank of Chicago may be released from custody to the First National Bank of Elgin upon the signature of any two of the following: Treasurer, City Clerk or Mayor. BE IT FURTHER RESOLVED that the City Clerk forward a certified copy of this resolution to Federal Reserve Bank of Chicago together with a certificate attesting to the names and signatures of the present incumbents of the offices described above; and that the City Clerk further certify to the bank from time to time the signatures of any successors in office of any of the present incumbents. BE IT FURTHER RESOLVED that Federal Reserve Bank of Chicago shall be fully discharged from all liabilities or responsibility for any action carried out in accordance with this resolution and it shall be entitled to rely on this resolution until it receives express written notice to the contrary in the form of a certified copy of a subsequently enacted resolution. BE IT FURTHER RESOLVED that this resolution shall supersede and cancel all previous resolutions relating to the custody of securities at Federal Reserve Bank of Chicago. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1985 Adopted: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Noncy Roll Nancy loll, Deputy Clerk VOLUME L 851 RESOLUTION ADOPTED ACCEPTING GIFT OF REAL PROPERTY. Councilman Waters made a motion, seconded by Councilman VanDeVoorde, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. RESOLUTION ACCEPTING GIFT OF REAL PROPERTY WHEREAS, Mildred A. Andresen has offered to donate certain real property to the City of Elgin; and WHEREAS, the addition of said property to the public property owned by the City of Elgin will benefit the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the quitclaim deed of Mildred A. Andresen to the City of Elgin of the following described property: That part of the East half of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southwest Corner of Lot 18 of Andresen Bros. Eagle Heights Unit No. 7; thence East along the South line of said Lot a distance of .15 of a foot; thence Southerly at right angles to the last described course a distance of 181.71 feet; thence Northwesterly along a line forming an angle of 1 160 Oil to the right with the prolongation of the last described course, a distance of 86.22 feet, thence Northwesterly along a line forming an angle of 320 29' to the right with the prolongation of the last described course a distance of 43.10 feet; thence North parallel with the East line of said Section 9, a distance of 107.14 feet to a point on the Westerly extension of the South- erly line of said Lot 18; thence Easterly along said Westerly extension a distance of 99.85 feet to the Point of Beginning, in the City of Elgin, Kane County, Illinois, and containing 0.354 Acres more or less. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to record the quitclaim deed herein described in the office of the Recorder of Deeds for the County of Kane. s/ Richard L. Verbic Richard L. Verbic, Mayor 852 VOLUME L Presented: November 11, 1985 Adopted: November 11, 1 985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nan c Roll Nancy Boll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO A CONTRACT FOR SALE OF WATER BY THE, CITY OF ELGIN TO THE VILLAGE OF BARTLETT Councilwoman Moylan made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays None. RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO A CONTRACT FOR SALE OF WATER BY THE CITY OF ELGIN TO THE VILLAGE OF BARTLETT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an amendment to a contract for sale of water by the City of Elgin to the Village of Bartlett, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1985 Adopted: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AMENDING A RESOLUTION ACCEPTING REVIEW APPRAISAL OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF RAMONA AVENUE AND VILLA STREET AND ESTABLISHING JUST COMPENSATION Councilman VanDeVoorde made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde and Waters. Nays: Mayor Verbic. VOLUME L 853 RESOLUTION AMENDING A RESOLUTION ACCEPTING REVIEW APPRAISAL OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF RAMONA AVENUE AND VILLA STREET AND ESTABLISHING JUST COMPENSATION WHEREAS, the City of Elgin on May 9, 1983, made a determination to acquire certain property within the City of Elgin pursuant to Housing and Community Develop- ment Block Grant Number B-83-MC-17-001 I; and WHEREAS, the City of Elgin has caused the subject property to be appraised by Coleman Land Company; and WHEREAS, Coleman Land Company has submitted a written appraisal of the subject property; and WHEREAS, said appraisal indicates that the fair market value of the property is $83,000; and WHEREAS, the City of Elgin has caused the subject property to be appraised by R. J. Schmitt & Associates; and WHEREAS, R. J. Schmitt & Associates has submitted a written appraisal of the subject property; and WHEREAS, said appraisal indicates that the fair market value of the property is $85,000; and WHEREAS, said appraisals have been reviewed by Neil K. Steffens consistent with federal Department of Housing and Urban Development guidelines; and WHEREAS, said review appraisal has established just compensation and fair market value of the property at $83,000; and and WHEREAS, it is in the best interest of the City of Elgin to acquire said property; WHEREAS, on October 14, 1985 the City Council of the City of Elgin passed a resolution entitled "Resolution Accepting Review Appraisal of Property Located at the Northeast Corner of Ramona Avenue and Villa Street and Establishing Just Compensa- tion" accepting said review appraisal; and WHEREAS, it has been determined that the legal description contained in such resolution is inaccurate; and WHEREAS, the City Council of the City of Elgin has determined that it is neces- sary and desirable to amend such resolution to correct the legal description. 854 VOLUME L NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the aforedescribed "Resolution Accepting Review Appraisal of Property Located at Ramona Avenue and Villa Street and Establishing Just Compensa- tion" adopted October 14, 1985 is amended to read as follows: Section I. That the City Council of the City of Elgin hereby determines that $83,000 is just and fair compensation for the following described property, which was the subject of the aforedescribed appraisals. That part of the Northwest Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Com- mencing at the Northeast corner of said Northwest Quarter; thence South along the East line of the Northwest Quarter of said Section 19 for a distance of 792 feet for the place of beginning; thence continuing South along the last described course for a distance of 446 feet; thence West along a straight line for a distance of 801 feet; more or less, to a point on the Easterly right of way line of Ramona Avenue as dedicated by document number 21341020-21341022, said point being 350.66 feet Northerly of the Northerly right of way line of Villa Street (Business U.S. Route 20) measured along said Easterly right of way line of Ramona Avenue; thence Northerly along said Easterly right of way line of Ramona Avenue for a distance of 453.7 feet, more or less; thence East along a straight line for a distance of 733.5 feet, more or less, to the place of beginning. Situated in the City of Elgin, Hanover Township, Cook County, Illinois and containing 7.81 acres, more or less. That part of the Northwest Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Com- mencing at the Northeast corner of said Northwest Quarter of Section 19, Township and Range aforesaid; thence South along the East line of said Northwest Quarter of Section 19 for a distance of 1238 feet for the place of beginning; thence continuing South along the last described course for a distance of 105.23 feet, more or less; thence South 36 degrees 51 minutes West for a distance of 312 feet, more or less, to the center of Poplar Creek; thence Westerly and Southwesterly along the centerline of Poplar Creek to the Northerly right of way line of Villa Street (Business U.S. Route 20); thence Northwesterly along the Northerly right of way line of Villa Street for a distance of 5.4 feet, more or less, to a point which is 33 feet, more or less, as measured along the Northerly right of way line of Villa Street, from the Easterly right of way line of Ramona Avenue as dedicated by document number 21341020-21341022; thence Northeasterly along a line which is parallel to the Easterly right of way of Ramona Avenue, for a distance of 350.66 feet, more or less; thence East along a straight line for a distance of 768 feet, more or less, to the place of beginning. Being situated in the City of Elgin, Hanover Township, Cook County, Illinois and containing 6.06 acres, more or less. (Said property located generally at the northeast corner of Ramona Avenue and Villa Street in the City of Elgin, Cook County, Illinois.) VOLUME L 855 Section 2. That the City of Elgin intends to proceed to acquire title to the oforedescribed property. Section 3. That the appraisals of the subject property have been performed in a competent manner in accordance with applicable State law, Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the policies and requirements of the Department of Housing and Urban Development. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1985 Adopted: November 11, 1985 Vote: Yeas 6 Nays I Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk I ORDINANCE PASSED AMENDING ORDINANCE NO. G85-85 ENTITLED "AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN, PROPERTY FOR FLOOD CONTROL PURPOSES", (Poplar Creek Levee) Councilwoman Shales made a motion, seconded by Councilman VanDeVoorde, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde and Waters. Nays: Mayor Verbic. I i i 856 VOLUME L Ordinance No. G91-85 AN ORDINANCE AMENDING ORDINANCE NO. G85-85 ENTITLED "AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR FLOOD CONTROL PURPOSES" (Poplar Creek Levee) WHEREAS, the City Council of the City of Elgin has determined that it is neces- sary and desirable to construct and maintain a levee for the purpose of flood control; and WHEREAS, in order to construct and maintain said flood control facility it is necessary to acquire certain real property hereinafter described; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the construction and maintenance of a flood control levee is within the government and affairs of the City of Elgin; and WHEREAS, on October 28, 1985, the City Council of the City of Elgin passed Ordinance No. G85-85 entitled "An Ordinance Authorizing the Acquisition of Certain Property for Flood Control Purposes (Poplar Creek Levee)"; and WHEREAS, it has been determined that the legal description contained in said ordinance is inaccurate; and WHEREAS, it is necessary and desirable to amend said ordinance to correct the legal description. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ordinance No. 85-85 be and is hereby amended to read as follows: Section I. That it is hereby determined that certain real property in the City of Elgin, Cook County, Illinois, hereinafter described, be acquired for the purpose of con- structing and maintaining a flood control levee for the benefit of the public. Section 2. That it is hereby determined that it is necessary and desirable that the City of Elgin shall acquire title to and possession of the following described real proper- ty, which is necessary, required and needed for the purpose of constructing and maintain- ing said flood control levee, lying wholly within the limits of the City of Elgin, to-wit: That part of the Northwest Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Com- mencing at the Northeast corner of said Northwest Quarter; thence South along the East line of the Northwest Quarter of said Section 19 for a distance of 792 feet for the place of beginning; thence continuing South along the last described course for a distance of 446 feet; thence West along a straight line for a distance of 801 feet; more or less, to a point on the Easterly right of way line of Ramona Avenue as dedicated by document number 21341020-21341022, said point being 350.66 feet Northerly of the VOLUME L 857 Northerly right of way line of Villa Street (Business U.S. Route 20) measured along said Easterly right of way line of Ramona Avenue; thence Northerly along said Easterly right of way line of Ramona Avenue for a distance of 453.7 feet, more or less; thence East along a straight line for a distance of 733.5 feet, more or less, to the place of beginning. Situated in the City of Elgin, Hanover Township, Cook County, Illinois and containing 7.81 acres, more or less. That part of the Northwest Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Com- mencing at the Northeast corner of said Northwest Quarter of Section 19 Township and Range aforesaid; thence South along the East line of said Northwest Quarter of Section 19 for a distance of 1238 feet for the place of beginning; thence continuing South along the last described course for a distance of 105.23 feet, more or less; thence South 36 degrees 51 minutes West for a distance of 312 feet, more or less, to the center of Poplar Creek; thence Westerly and Southwesterly along the centerline of Poplar Creek to the Northerly right of way line of Villa Street (Business U.S. Route 20); thence Northwesterly along the Northerly right of way line of Villa Street for a distance of 5.4 feet, more or less, to a point which is 33 feet, more or less, as measured along the Northerly right of way line of Villa Street, from the Easterly right of way line of Ramona Avenue as dedicated by document number 21341020-21341022; thence Northeasterly along a line which is parallel to the Easterly right of way of Ramona Avenue, for a distance of 350.66 feet, more or less; thence East along a straight line for a distance of 768 feet, more or less, to the place of beginning. Being situated in the City of Elgin, Hanover Township, Cook County, Illinois and containing 6.06 acres, more or less. Section 3. That James J. Cook, City Manager of the City of Elgin, be and is hereby authorized, empowered and directed to negotiate for and on behalf of the City of Elgin with the owner or owners of the above described real properties for the purchase of the real property described by the City of Elgin. Section 4. That the City Manager be and is hereby authorized to offer, in writing, $83,000.00 as and for compensation to the owner or owners of the above-described prop- erty. Section 5. In the event that the City Manager is unable to agree with the owner or owners of said property as to compensation to be paid therefor, in accordance with the provisions of this ordinance, then title to and possession of said property shall be acquired by the City of Elgin in accordance with the laws of the eminent domain of the State of Illinois, and the Corporation Counsel is hereby authorized, empowered and directed to institute appropriate proceedings in any court of competent jurisdiction to acquire title to and possession of said property for the City of Elgin in accordance with the eminent domain laws of the State of Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor 858 VOLUME L Presented: November 11, 1985 Passed: November 11, 1985 Vote: Yeas 6 Nays I Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION CO. FOR THE ELGIN RIVER TRAIL Councilwoman Moylan made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION CO. FOR THE ELGIN RIVER TRAIL WHEREAS, the City of Elgin has heretofore entered into a contract with Illinois Hydraulic Construction Co. for the Elgin River Trail; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 3, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, be and is hereby authorized and directed to execute Change Order No. 3, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1985 Adopted: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy oll Nancy Roll , Deputy Clerk VOLUME L 859 RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION CO. FOR THE ELGIN RIVER TRAIL RESOLUTION APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION CO. FOR THE ELGIN RIVER TRAIL WHEREAS, the City of Elgin has heretofore entered into a contract with Illinois Hydraulic Construction Co. for the Elgin River Trail; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 4, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, be and is hereby authorized and directed to execute Change Order No. 4, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1985 Adopted: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 TO PROVIDE FOR THE RENTAL OF TWO BUSES Councilwoman Shales made a motion, seconded by Councilman VanDeVoorde, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. Abstain: Councilman Gilliam. 860 VOLUME L RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 TO PROVIDE FOR THE RENTAL OF TWO BUSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby authorized, empowered and directed to execute an agreement with School District U-46 of the State of Illinois to provide for the rental of two buses from the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1985 Adopted: November 11, 1985 Vote: Yeas 6 Nays 0 Abstain I Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALLIANCE CONTRACTORS INC. FOR TYLER CREEK BANK STABILIZATIOf Councilman Gilliam made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. i VOLUME L 861 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALLIANCE CONTRACTORS INC. FOR TYLER STREAM BANK STABILIZATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin for the Tyler Stream Bank Stabilization, a copy of which is attached hereto and made a part hereof by reference. i s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November I I, 1985 Adopted: November 11, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk i RESOLUTION ADOPTED AUTHORIZING SPEER FINANCIAL, INC. TO PREPARE AN OFFICIAL STATEMENT AND SOLICIT BIDS FOR THE SALE OF 54,300,000 PRINCIPAL AMOUNT GENERAL OBLIGATION BONDS Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, VanDeVoorde, Waters and Mayor Verbic. Nays: None. Abstain: Councilwoman Shales. 862 VOLUME L RESOLUTION AUTHORIZING SPEER FINANCIAL, INC. TO PREPARE AN OFFICIAL STATEMENT AND SOLICIT BIDS FOR THE SALE OF $4,300,000 PRINCIPAL AMOUNT GENERAL OBLIGATION BONDS WHEREAS, the City Council of the City of Elgin has heretofore approved a plan of redevelopment pursuant to the provisions of the Real Property Tax Increment Allocation Redevelopment Act, 111. Rev. Stat., Ch. 24, Article 11, Division 74.4; and WHEREAS, said Act authorizes the corporate authorities to acquire real property in the redevelopment area and to install, repair, construct, reconstruct or relocate streets, utilities and site improvements essential to the preparation of the redevelopment area for use in accordance with the redevelopment plan; and WHEREAS, said Act further authorizes the corporate authorities to issue bonds and incur debt for said purposes; and WHEREAS, the issuance of bonds for such purposes is a power or function per- taining to the government and affairs of the City of Elgin, a home rule unit, and is neces- sary and desirable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, the Speer Financial, Inc. be and is hereby authorized to prepare and distribute an official statement on behalf of the City of Elgin and to solicit bids for the sale by the City of Elgin of general obligation bonds of the City of Elgin in the principal amount of $4,300,000 for the purposes described above. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1985 Adopted: November 11, 1985 Vote: Yeas 6 Nays 0 Abstain 1 Recorded: Attest: s/ Nancy Roll Nancy Roil, Deputy Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS James J. Cook $3065.78 Moving Expenses for City Manager D.H. Martin Petroleum Co. $7677.40 Gasoline for Garage Union Oil Co. $3926.59 Diesel Fuel for Garage VOLUME L 863 General Equipment Co. $2496.87 Repairs for Street Sweeper Payline West $2380.84 Repairs to Parks Tractor Book Publishing Co. $5913.00 Update of Elgin Municipal Code Daily Courier News $1514.52 Publication of Legal Notices Darlene Erboe $3000.00 Residential Rehabilitation Grant Program Linda Thiele $1600.00 Residential Rehabilitation Grant Program Councilman Gilliam made a motion, seconded by Councilman Waters, to approve the above disbursements. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Building Permit Report for Month of October, 1985 Minutes of the Committee of the Whole for October 28, 1 985 Minutes of the Greater Downtown Elgin Commission for October 7, 1985 Public Works Report for Month of September ` Councilman Gilliam made a motion, seconded by Councilwoman Moylan, to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, 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, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8:55 p.m. Nancy Kol �eputy Clerk