Loading...
HomeMy WebLinkAboutOctober 14, 1985 CC VOLUME L October 14, 1985 784 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 October 14, 1985 at 8:10 p.m., in the Council Chambers of City Hail. The meeting was called to order by Mayor Verbic. The Invocation was given by Mayor Verbic and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Absent: None. MINUTES OF THE SEPTEMBER 23, 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Moylan made a motion, seconded by Councilman Waters, to approve the September 23, 1985 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Request to Introduce Elected Representatives of Elgin Service Employees International Union Local I I Nick Belsanti, representing the Service Employees International Union Local 11, Public Works, requested permission to speak to the City Council. Mayor Verbic stated that it has been the policy of the City Council to leave negotiations to the administrative staff. If the City Council permits negotiations with one employee group, the City Council then opens itself to negotiations with every labor group in the City of Elgin. Mr. Belsanti stated that the City Council is a step in the bargaining process. Councilman Gilliam stated he did not want the bargaining units to by-pass staff. Councilman Gilliam made a motion, seconded by Councilwoman Moylan, that Nick Belsanti continue negotiations with the staff representatives who work under the City Council for policy establishment. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. Request from Coalition for Political Honesty to Attend the Next Council Meeting to Address the Consumers Insurance Board Referendum Mayor Verbic stated that the Coalition for Political Honesty would like to appear before the Council to request that the City Council cause a referendum to be placed on the ballot at the primary election for the establishment of a Consumers Insurance Board to represent the public before the Department of Insurance. i 785 VOLUME L Councilman Waters stated that there is an opportunity on the Council's agenda for them to appear before the Council, but the Council should not invite them as a show of interest. Councilwoman Shales stated she was interested in learning more about the advisory board. Councilwoman Shales made a motion, seconded by Councilman Gilliam, to invite the Coalition for Political Honesty to attend a scheduled Council meeting and discuss the aspects of the proposed referendum. Yeas: Gilliam, Moylan and Shales. Nays: Councilmen Andersen, VanDeVoorde, Waters and Mayor Verbic. Discussion of Floodinq Problem on Mulberry Court Leslie Thomas of Mulberry Court stated that a pond forms every time it rains and doesn't disappear until it evaporates. He stated the City has not been responsive as for as pumping the water. Bob Maim stated that there are no storm sewers, merely drains. They have a limited capacity and when they are filled there is flooding. He stated the the Public Works Department recently cleaned the drains of any debris. Mel Dahl stated that the only method of relieving this problem would be to construct a storm sewer. He stated that eventually this area could be tied into the Otter Creek detention area, however this is a long term project and it would be very expensive. Mayor Verbic questioned if an additional dry well would alleviate some of the problem and asked Mel Dahl to look into dry wells as a viable solution and bring that information back to the City Council. BID AWARDED FOR WATER TREATMENT CHEMICALS, Councilman Gilliam made a motion, seconded by Councilman Waters, to award this bid to the low bidders for Items 2, 3, 4, 5, 6, 8, 9, 10 and 11, and to the second low bidder for Items I and l and 7. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. BID AWARDED FOR ENERGY IMPROVEMENTS AT THE GREATER ELGIN SENIOR CENTER Councilman VanDeVoorde made a motion, seconded by Councilwoman Moylan, to award this bid to F. J. Bero & Company for a total amount of $8,445.00. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID TABLED FOR THE TYLER CREEK STABILIZATION, Councilwoman Shales asked if there was any validity to her suggestion that the City negotiate with Alliance Contractors, Inc. to work out a time and materials contract not to exceed $82,000. VOLUME L 786 Mayor Verbic expressed concern over the wide variance between the engineer's estimate and the bid price. He stated any temporary measure that could be taken to alleviate the problem until next spring would be preferable. Councilman VanDeVoorde made a m otion, seconde d b Y Councilwoman Moylan, to award the contract for the Tyler Creek stabilization to Alliance Contractors, Inc. for a total amount of $82,915. Councilman Gilliams asked if something could be done that would be cheaper. Bob Molm stated that the staff could direct the engineer and the contractor to meet to discuss methods and procedures and try to find any way in which cost reductions could be made in the bid. Councilman VanDeVoorde withdrew his motion. Councilman Andersen made a motion, seconded by Councilwoman Shales, to this bid be tabled. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE TREE PLANTING PROJECT ALONG DUNDEE AVENUE Councilman Gilliam made a motion, seconded by Councilwoman Moylan, to award this bid to the low responsive bidder, Landscape Contractors of Illinois, Inc. in the amount of $14,500. Yeas: Councilman Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR A FORK LIFT TRUCK Councilwoman Moylan made a motion, seconded by Councilwoman Shales, to award this bid to the low bidder Major Industrial Truck in the amount of $8950. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING REGARDING A PLAN TO ISSUE ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF ELGIN IN AN AMOUNT NOT EXCEEDING 5900,000 FOR THE BENEFIT OF COMPONENT MANAGEMENT GROUP Mayor .Verbic opened the public hearing for the issuance of Economic Development Revenue Bonds of the City of Elgin in an amount not exceeding $900,000 for the benefit of Component Management Group. Corporation Counsel Jentsch stated that the City Council had passed a resolution of intent to issue $900,000 for the purpose of expanding the existing facility in Miller/Davis park. Bonds were issued several years ago for the construction of the facility and this is an expansion of the facility. The public hearing is for purposes of complying with federal law to determine whether anyone has any interest sufficient to object or support the issuance. 787 VOLUME L Councilwoman Moylan made a motion, seconded by Councilman Waters, to close the public hearing. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED APPOINTING JAMES J. COOK AS CITY MANAGER AND AUTHORIZING AND RATIFYING CONTRACT OF EMPLOYMENT Councilman Andersen 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. Mayor Verbic stated that a reception will be held Friday, October 18, from 3:00 p.m. to 6:00 p.m. for employees to meet Mr. Cook. i i I VOLUME L 788 RESOLUTION APPOINTING JAMES J. COOK AS CITY MANAGER AND AUTHORIZING AND RATIFYING CONTRACT OF EMPLOYMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook be and is hereby appointed as City Manager of the City of Elgin with authority to exercise all the powers and to carry out to the best of his ability all the duties imposed upon him as City Manager by the statutes of the State of Illinois and the ordinances of the City of Elgin. BE IT FURTHER RESOLVED that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an employment con- tract on behalf of the City of Elgin with James J. Cook, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 - Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING ORDINANCE G 19-81 ENTITLED AN ORDINANCE GRANTING A SPECIAL USE FOR THE TEMPORARY MINING OF SAND AND GRAVEL IN CONJUNCTION WITH SITE PREPARATION FOR THE DEVELOPMENT OF PUBLIC RECREATIONAL OPEN SPACE Councilman Waters made a motion, seconded by Councilman VanDeVoorde, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. i 789 VOLUME L Ordinance No. G81-85 AN ORDINANCE AMENDING ORDINANCE G 19-81 ENTITLED AN ORDINANCE GRANTING A SPECIAL USE FOR THE TEMPORARY MINING OF SAND AND GRAVEL IN CONJUNCTION WITH SITE PREPARATION FOR THE DEVELOPMENT OF PUBLIC RECREATIONAL OPEN SPACE WHEREAS, written application has been made for a special use for the temporary mining of sand and gravel in conjunction with site preparation for the development of public recreational open space on the property commonly known as the former Elgin Mental Health Center; 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 has considered the findings and recommendations of the Land Use Committee and has reviewed the transcript of testi- mony presented at the public hearing together with exhibits presented at said hearing; and WHEREAS, after due deliberation and consideration the City Council does not concur in the findings and recommendations of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2(B) of Ordinance G19-81 be and is hereby amended to read as follows: "(B) That the sequence and phasing of extraction operations and the type and location of any plant site shall be as approved by the City Council of the City of Elgin. Provided, however, the sequence of extraction opera- tions shall be substantially as follows: (Note: mining areas cited herein are as shown on the plans prepared by William E. Coates and Associates, Ltd.) I. Mining Area E, D, F 2. Mining Area C 3. Mining Area A 4. Mining Area B" Section 2. That Section 2(C) of Ordinance G19-81 be and is hereby amended to read as follows: i VOLUME L 790 "(C) Screening berms shall be constructed along the west and south boundary lines of the adjacent Burnham Mill development. Provided, however, no screening berm shall be required unless and until any mining, or extraction operation occurs within 1000 feet of any dwelling unit of the Burnham Mill development. In the event any such operation is proposed or planned within 1000 feet of any dwelling unit of the Burnham Mill develop- ment then, and in that event, prior to the commencement of any such mining or extraction, screening berms shall be constructed in accordance with the standards shown on Sheet 9 of the plans prepared by William E. Coates & Associates Limited and dated March 1983 except that: I. No berm shall exceed I I feet in height; 2. Vegetation shall consist primarily of evergreen plants; 3. Existing trees shall be conserved as far as practicable; 4. Configuration of berms shall be undulating; 5. Slopes of berms shall not exceed thirty per cent." Section 3. That Section 20 of Ordinance G 19-81 be and is hereby amended to read as follows: "(D) That soil handling sequences and extraction shall be in sub- stantial conformance with Sheet 3 of the lans prepared b William E. P P P Y Coates and Associates Limited and dated March 1983." Section 4. That Section 2(H) of Ordinance G 19-81 be and is hereby amended to read as follows: "(H) I. That hours of mining operation shall be between the hours of six a.m. and seven p.m., from Monday through Saturday. Provided that mining within 1000 feet of any dwelling unit of the Burnham Mill development shall be permitted only between the hours of eight a.m. and five-thirty p.m. from Monday through Friday. (H) 2. That hours of loading and hauling shall be between the hours of six a.m. and seven p.m. from Monday through Saturday. (H) 3. No operations shall be conducted on Sunday or national holidays." Section 5. That Section 2(S) of Ordinance G19-81 shall be amended to read as follows: "(S) Substantial compliance with the plans prepared by William E. Coates and Associates Limited attached hereto and made a part hereof, except as otherwise provided herein or in any subsequent amendment hereto." 791 VOLUME L Section 6. That not less than 60 days prior to City Council approval of any gravel operations in mining areas C, A or B or mining area F north of the cemetery road, all as shown on the plans prepared by William E. Coates and Associates Ltd. and dated March 1983, the owners of the Burnham Mill development shall be given written notice of such proposed operation. Notice shall be sufficient when delivered to the person identified as the most recent payer of real estate taxes for the subject property. Section 7. That all ordinances or parts of ordinances in conflict with this ordi- nance are repealed. Section 8. 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: October 14, 1985 Passed: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN Councilwoman Moylan made a motion, seconded by Councilwoman Shales, to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. I - - VOLUME L 792 Ordinance No. G83-85 AN ORDINANCE AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of one-way streets in the City of Elgin under Section 11.28.050B the following: Crosby Street from Perry Street to Elm Street. Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Passed: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED 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, Waters and Mayor Verbic. Nays: None. 793 VOLUME L 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 the City of Elgin pursuant to Housing and Community Development Block Grant Number B-83-MC-17-0011 ; 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 i 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 as $83,000; and WHEREAS, it is in the best interest of the City of Elgin to acquire said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby resolves that $83 ,000 is just compensation and fair market value of the property described below. BE IT FURTHER RESOLVED that the property which is the subject of the afore described appraisals located at the Northeast Corner of Ramona Avenue and Villa Street and legally described as follows: That part of the Northwest Quarter of Section 19, Township 41 North, Range 8 East of the Third Principal Meridian described as follows : Commencing 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; i VOLUME L 794 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 8 East of the Third Principal meridian described as follows: Commencing 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; 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 to the Easterly right of way line of Ramona Avenue as dedicated by document number 21341020-21341022 ; thence Northeasterly along said Easterly right of way line of Ramona Avenue for a distance of 350. 66 feet; thence East along a straight line 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 . I BE IT FURTHER RESOLVED that the City of Elgin intends to proceed to acquire title to the aforesaid property. BE IT FURTHER RESOLVED that the appraisal of the subject property has 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. Richard L . Verbic, mayor Presented: October 14 , 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: Nancy Roll Deputy Clerk i Y , P Y 795 VOLUME L ORDINANCE TABLED AMENDING CHAPTER 2.56 ENTITLED RESERVE POLICEMEN Councilman Gilliam stated he understood there were concerns regarding auxiliary policemen carrying firearms. He suggested that the individuals be permitted to carry the firearms if they receive the same training as a regular policeman. Any auxiliary policeman who would take the time to take the some training as a police officer should be compensated. There should be two categories of auxiliary police officer, those who have taken the course should paid at a higher rate than those officers who have not taken the training. Bob Malm stated that auxiliary officers who have full felony arrest powers should also have full training. The guidelines of the accreditation program require training for the right to carry deadly force. Councilman Andersen asked how many cities in the country are accredited. Deputy Chief Warren Danielson stated approximately 15 to 20 cities are accredited. Councilman Gilliam asked if an officer signed up for the course which begins January I, could that officer be permitted to continue to carry a weapon while any officer who did not sign up for the course would not be permitted to carry a weapon. Corporation Counsel Jentsch suggested that this ordinance be tabled to permit the Legal Department to fashion some language that the Council has indicated and prepare alternative ordinances. I Councilwoman Shales made a motion, seconded by Councilman Andersen, to table the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: Councilwoman Moylan. I ORDINANCE PASSED AMENDING CHAPTER 18.36 ENTITLED STORMWATER CONTROL OF THE ELGIN MUNICIPAL CODE, 1976 Councilman Waters 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 i I I VOLUME L 796 Ordinance No. G82-85 AN ORDINANCE AMENDING CHAPTER 18.36 ENTITLED STORMWATER CONTROL OF THE ELGIN MUNICIPAL CODE, 1976 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 18.36.070BIc of Chapter 18.36 of Title 18 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: c. The surface of the fill shall be at or above the Flood Protection Elevation (FPE). The fill shall extend at least ten feet beyond the founda- tion of the building before sloping below the FPE. The lowest floor, including basement, shall be at or above the FPE. Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Passed: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: i s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT. WITH ELGIN SWEEPER COMPANY Councilman Waters made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution and that a letter from the City Council be directed to Elgin Sweeper in appreciation for the use of the sweeper. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. i 797 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELGIN SWEEPER COMPANY 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 execute an agreement on behalf of the City of Elgin with Elgin Sweeper Company for use of a sweeper, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nanc Roll Nancy Boll, Deputy Clerk RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION CO. FOR THE ELGIN RIVER TRAIL Councilwoman Moylan 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. VOLUME L 798 RESOLUTION APPROVING CHANGE ORDER NO. 2 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. 2, attached hereto. NOW, THEREFORE, 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 execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF ELGIN, ILLINOIS AND BUTLER PHARMAPAC, INC.; PROVIDING FOR THE ISSUANCE BY SAID CITY OF INDUSTRIAL DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF ORDINANCE NO. S2-80, AS SUPPLEMENTED AND AMENDED Councilman Waters 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. I I 799 VOLUME L RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF ELGIN, ILLINOIS AND BUTLER PHARMAPAC, INC., PROVIDING FOR THE ISSUANCE BY SAID CITY OF INDUSTRIAL DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF ORDINANCE NO. S2-80, AS SUPPLEMENTED AND AMENDED WHEREAS, the City of Elgin, Cook and Kane Counties, Illinois, a body politic and corporate (the "City"), recognizes that it is necessary for the general welfare and economy of the public that the City endeavor to provide permanent opportunities for industrial employment; and WHEREAS, the City is an Illinois home rule municipality authorized under the provisions of Article VII, Section 6, of the Illinois Constitution of 1970, and Ordinance No. S2-80 adopted by the City Council of the City on February 13, 1980, as supplemented and amended by Ordinance No. S4-84 adopted by the City Council of the City on November 26, 1984, and by Ordinance No. SI-85 adopted by the City Council of the City on February 25, 1985 (collectively, the "Enabling Ordinance"), to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, equiping, betterment or extension of economic development projects in order to encourage economic development within or near the City; to lease, sell or finance the some to or for any person; and to provide for the issuance of revenue bonds in conjunc- tion therewith; and WHEREAS, in order to implement the public purposes enumerated in the Enabling Ordinance and, in furtherance thereof, to induce Butler PharmaPac, Inc., an Illinois corporation (the "Borrower"), to acquire, rehabilitate and equip within the corporate limits of the City a manufacturing, warehousing and office facility located at 1300 Abbott Drive in the City, which facility will be used by the Borrower in its business as a manufacturer and packager of private label pharmaceutical products (the "Project"), the City has indicated its intent to issue its revenue bonds in an amount not to exceed $2,500,000 under and pursuant to the provisions of the Enabling Ordinance, and to loan the proceeds thereof to the Borrower for use by the Borrower to pay the cost of acquiring, rehabilitating and equipping the Project and to pay other expenses incidental thereto as authorized by the Enabling Ordinance; and WHEREAS, it is now deemed advisable to authorize the execution and delivery by the City of a Memorandum of Agreement (the "Memorandum of Agreement") in the form presented to this meeting expressing formally the understanding hereto informally agreed upon by and between the City and the Borrower. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, COOK AND KANE COUNTIES, ILLINOIS, as follows: Section I. That the form, terms and provisions of the Memorandum of Agreement are hereby in all respects approved, and the Mayor and the City Clerk are hereby authorized and directed to execute the Memorandum of Agreement and the City Clerk is hereby authorized and directed to affix thereto the seal of the City of Elgin and to cause the Memorandum of Agreement to be delivered to, accepted and executed by the Borrower. The Memorandum of Agreement, as approved, or as executed and delivered, shall be in substantially the form now before this meeting and hereby approved, or with such changes therein as shall be approved by the Mayor and City Clerk executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the form of the Memorandum of Agreement now before this meeting. Section 2. That the officers and employees of the City are hereby authorized to take such further action as is necessary to carry out the intent and purpose of the Memorandum of Agreement as executed and to cause revenue bonds of the City in an amount not to exceed $2,500,000 to be issued upon the terms and conditions stated in such Memorandum of Agreement with respect to the Project. Section 3. That the City Clerk is hereby authorized, empowered and directed to publish notice to the public of a public hearing on the plan of financing for the Project to be held by the City Council of the City or its designee on a date determined by the City Clerk, such notice to be published on a date and in a manner determined by him to be appropriate which is at least 14 days prior to the date on which said public hearing is to be held. Section 4. That all resolutions and orders, or parts thereof, in conflict with the provisions of this resolution, are to the extent of such conflict, hereby repealed, and this resolution shall be in immediate effect from and after its adoption. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED CONCURRING IN THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY ON BEHALF OF DANOBAT MACHINE TOOL CO., INC. IN AN AMOUNT NOT TO EXCEED $500,000 Councilwoman Moylan 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. 801 VOLUME L RESOLUTION CONCURRING IN THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY ON BEHALF OF DANOBAT MACHINE TOOL CO., INC. IN AN AMOUNT NOT TO EXCEED $500,000 WHEREAS, the Illinois Development Finance Authority has heretofore approved a Memorandum of Agreement to issue industrial revenue bonds on behalf of Danobat Machine Tool Co., Inc. in an amount not to exceed $500,000; and WHEREAS, Danobat Machine Tool Co., Inc. will use the proceeds of the bond issue for the acquisition of land and the construction of a 9,900 square foot of facility at 1 155 Jansen Farm Drive, Elgin, Illinois; and WHEREAS, pursuant to Section 6 of the Illinois Development Finance Authority Act notice has been submitted to the corporate authorities of the City of Elgin; and WHEREAS, it is in the best interest of the City of Elgin to approve the issuance of revenue bonds as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the issuance by the Illinois Development Finance Authority of industrial revenue bonds on behalf of Danobat Machine Tool Co., Inc. in an amount not to exceed $500,000 for the purpose of acquisition of land and construction of a 9,900 square foot office/warehouse facility located at 1155 Jansen Farm Drive, Elgin, Illinois. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Clerk be and is hereby authorized and directed to cause a certified copy of this resolution to be mailed to the Illinois Development Finance Authority. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR PARATRANSIT SERVICE Councilman Waters made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Giliam, Moylan, Shales, VanDeVoorde, Wates and Mayor Verbic. Nays: None. VOLUME L 802 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR PARATRANSIT SERVICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, be and is hereby authorized and directed to execute an amendment agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority, for paratransit service, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED DECLARING KENILWORTH OAKS UNITS I & 2 TO BE A PUBLIC NUISANCE (Casa Linda Townhouses) 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. I 803 VOLUME L RESOLUTION DECLARING KENILWORTH OAKS UNITS I & 2 TO BE A PUBLIC NUISANCE (Casa Linda Townhouses) WHEREAS, inspections of the premises located on the property hereinafter described have been made by inspectors of the Bureau of Inspection Services of the City of Elgin; and WHEREAS, said premises consist of fourteen apartment buildings; and WHEREAS, said structures are in a state of disrepair, infested with roaches and constitute a fire hazard; and WHEREAS, said premises are dangerous and unsafe and constitutes a threat to the public health, safety and welfare of the residents of the City of Elgin, Illinois; and WHEREAS, the owners of said premises have failed to comply with notices to repair the above described structures; and WHEREAS, the owners of said premises have begun construction of a water deten- tion facility on the premises but work has ceased, the detention facility remains uncom- pleted and in a state of disrepair; and WHEREAS, the uncompleted detention facility has resulted in the accumulation of stagnant water in shallow ponds on the premises which ponds are littered with debris and pose a serious threat to the health and safety of the residents of Elgin; and WHEREAS, the roads and exterior portions of the premises are cracked, broken, defective and in a general state of disrepair and littered with debris; and WHEREAS, since the early 1970's efforts have been made to compel the owners to repair and maintain the premises in conformance with the minimum standards of the codes of the City of Elgin; and WHEREAS, despite said efforts, including prosecution for numerous ordinance violations and a 1981 suit seeking the demolition of the structures located at the premises, owners continually and willfully fail and refuse to maintain the premises in conformance with the minimum standards of the codes of the City of Elgin; and WHEREAS, said premises are located within a flood plain and are, therefore, subject to periodic and regular flooding which results in further deterioration and endangers the health and safety of the residents of said premises. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the buildings located on the property legally described as: That part of the Southwest Quarter of Section 18, Township 41 North, Range 9 East, described as follows: Commencing at the Northeast corner of Willard Avenue and Sharon Court for a point of beginning; thence North- erly along the East right-of-way line of Willard Avenue, 448.99 feet to the North boundary line of subject Kenilworth Oaks; thence Easterly along said North boundary line 610.12 feet to the Northeast corner of subject Kenil- worth Oaks, a point on the West right-of-way line of Sadler Avenue; thence Southerly along said West right-of-way line 582.75 feet to the Southeast corner of subject Kenilworth Oaks; thence Westerly along the South boundary line of Kenilworth Oaks 621.87 feet to the East right-of-way line of Willard Avenue; thence Northerly along said East right-of-way line 160.05 feet to the point of beginning; all within the City of Elgin, Hanover Township, Cook County, Illinois. commonly known as the Casa Linda Townhouses, are hereby declared to be a public nuisance. Section 2. That the owners or persons in control of said premises are hereby directed to abate said public nuisance by putting the buildings located upon the above described property in a safe condition or demolishing them within thirty (30) days after receipt of a copy of this resolution. Section 3. That the City Clerk is hereby directed to mail certified copies of this resolution to the owners of record and lienholders of record. Section 4. That upon failure of the owner or lienholders of record to abate the public nuisance described herein, the Corporation Counsel be and is hereby directed to apply to the Circuit Court of Cook County for an order authorizing the demolition of the structures described above in accordance with the provisions of Section 1 1-31-1 of Chap- ter 24 of the Illinois Revised Statutes. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED DECLARING CERTAIN PROPERTY TO BE PUBLIC NUISANCE (405 North Gifford Street) Councilwoman Shales made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. 805 VOLUME L RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE (405 North Gifford Street) WHEREAS, inspections of a structure located on the property hereinafter described have been made by inspectors of the Bureau of Inspection Services of the City of Elgin; and WHEREAS, said structure consists of an abandoned single family residence; and WHEREAS, said structure is in a state of disrepair, open, littered with various debris and constitutes a fire hazard; and WHEREAS, said structure has been in a state of disrepair, open, littered with various debris and constituting a fire hazard beginning sometime prior to August of 1984; and WHEREAS, said structure, in its open and abandoned state, is dangerous and unsafe and constitutes a threat to the public health, safety and welfare of the residents of the City of Elgin, Illinois; and WHEREAS, the owners of said structure have failed to comply with notices to appear. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the building located on the property legally described as: Lot 5 of T. Shoonhovens Addition, being a subdivision of part of the Southwest Quarter of Section 12, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, and commonly known as 405 North Gifford Street, Elgin, Illinois. is hereby declared to be a public nuisance. Section 2. That the owners or persons in control of said premises are hereby directed to abate said public nuisance by repairing or demolishing the structure located upon the above described property within thirty (30) days after receipt of a copy of this resolution. Section 3. That the City Clerk is hereby directed to mail certified copies of this resolution to the owners of record and lienholders of record. Section 4. That upon failure of the owner or lienholders of record to abate the public nuisance described herein, the Corporation Counsel be and is hereby directed to apply to the Circuit Court of Kane County for an order authorizing the demolition of the structure described above in accordance with the provisions of Section 11-30-1 of Chap- ter 24 of the Illinois Revised Statutes. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME L 806 Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO THE OLD MAIN COMMISSION Councilwoman Shales made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Waters and Mayor Verbic. Nays: None. Abstain: Councilman VanDeVoorde. 807 VOLUME L RESOLUTION APPOINTING MEMBERS TO THE OLD MAIN COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Arthur Allan be and is hereby appointed as a member of the Old Main Commission for a term to expire May 1, 1987. BE IT FURTHER RESOLVED that Peggy Dickson be and is hereby appointed as a member of the Old Main Commission for a term to expire May I, 1988. BE IT FURTHER RESOLVED that Mary B. Huddleston be and is hereby appointed as a member of the Old Main Commission for a term to expire May 1, 1989. BE IT FURTHER RESOLVED that Caren Nickelsen be and is hereby appointed as a member of the Old Main Commission for a term to expire May 1, 1989. BE IT FURTHER RESOLVED that Donald Reed be and is hereby appointed as a member of the Old Main Commission for a term to expire May 1, 1990. BE IT FURTHER RESOLVED that Ben Rifken be and is hereby appointed as a member of the Old Main Commission for a term to expire May I, 1990. BE IT FURTHER RESOLVED that George VanDeVoorde be and is hereby appointed as a member of the Old Main Commission for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Donald Waters be and is hereby appointed as a member of the Old Main Commission for a term to expire May I, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 6 Nays 0 Abstain I Recorded: Attest: I s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPOINTING NORMAL BARTELS AS A MEMBER OF THE LAND USE COMMISSION Councilwoman Moylan 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. VOLUME L 808 RESOLUTION APPOINTING NORMAN BARTELS AS A MEMBER OF THE LAND USE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Norman Bartels be and is hereby appointed as a member of the Land Use Commis- sion for a term to expire July I, 1988. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Adopted: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $23,486.70 Refuse Charges Layne-Western Co. $65,195.03 Repairs to Deep Well Aqua Lab $4,522.60 Lab analysis of water samples Montgomery Labs $4,400.00 Lab analysis of water samples Bristol Babcock, Inc. $2,019.03 Repairs at Riverside Treatment Plant Calgon Carbon Corp. $15,686.92 Chemicals for Water Treatment Plant Renz Addiction Center $2,921.00 Alcoholic Safety Program Northwest Ford $2,394.67 Repairs to City trucks Elgin National Little League & Illinois Hydraulic $2,500.00 Regrade parking lot Avis Rent-a-Car $6,547.00 Automobile for Parks Maintenance Supervisor Robyn Fidler $2,940.00 Residential Rebate Program Betty Sue Anderson $1,981.75 Residential Rebate Program 809 VOLUME L Councilwoman Shales made a motion, seconded by Councilwoman Moylan, 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 August and September, 1985 Cemetery Report for August, 1985 Committee of the Whole Meeting Minutes for 9/9/85 and 9/23/85 Elgin Metropolitan Exposition Auditorium & Office Building Authority Minutes for 815/85 and 9/9/85 Greater Downtown Elgin Commission Minutes 9/9/85 Human Relations Commission Minutes 9/3/85 Land Use and Planning Committee Minutes 7/15/85 Parking Lot Revenues 9/l/84 through 8/31185 Public Works Report for June, July and August, 1985 Sales Tax Report for June, 1985 Transportation Report for August, 1985 Councilman Gilliam made a motion, seconded by Councilman VanDeVoorde, to place the above reports on file. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Ed Kelly of the Elgin Area Chamber of Commerce introduced Don Bogdanski of Butler PharmaPac Inc. 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, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:25 p.m. cry-y,- Nan6y Rol Deputy Clerk