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HomeMy WebLinkAboutOctober 28, 1985 CC VOLUME L October 28, 1985 810 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 28, 1985 at 8:10 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by The Reverend William Metzger of the Unitarian Universalist Church and the Pledge of Allegiance was led by Ed Kelly. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Absent: None. MINUTES OF THE OCTOBER 14, 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. BID AWARDED FOR A BURGLAR AND FIRE ALARM SYSTEM Councilwoman Moylan made a motion, seconded by Councilman Gilliam, to award this bid to ADT System for their Bid #1. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PRINTING OF THE COMMUNITY NEWSLETTER Councilman Waters made a motion, seconded by Councilman VanDeVoorde, to award this bid to Reily Graphics. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. BID TABLED FOR THE TYLER CREEK STABILIZATION Councilman Andersen made a motion, seconded by Councilwoman Moylan, to table this bid. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. PETITION 49-85 REQUESTING AN AMENDMENT TO CHAPTER 19.44 OF THE ELGIN MUNICIPAL CODE, CONCERNING REGULATIONS FOR OFF-STREET PARKING AROUND RESIDENCES Roger Dahlstrom stated that this petition attempts to enhance the City's ability to enforce parking regulations as they relate to off-street parking around residences. The amendment will read as follows: 811 VOLUME L 19.44.1000 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 same lot as the dwelling served, with the exception that such required spaces for 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. Councilwoman Moylan made a motion, seconded by Councilwoman Shales, to approve this petition for amendment to the Elgin Municipal Code. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR FLOOD CONTROL PURPOSES (Poplar Creek Levee) Councilman Waters made a motion, seconded by Councilman VanDeVoorde, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Moylan, Shales, VanDeVoorde and Waters. Nays: Councilman Andersen and Mayor Verbic. i VOLUME L 812 Ordinance No. G85-85 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 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 8 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. i 813 VOLUME L That part of the Northwest Quarter of Section 19, Township 41 North, Range 8 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; 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. Section 3. That James J. Cook, City Manager of the City of Elgin, be and is hereby othorized, 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 VOLUME L 814 Presented: October 28, 1985 Passed: October 28, 1985 Vote: Yeas 5 Nays 2 Recorded: Pub]fished: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING CHAPTER 6.31 OF THE ELGIN MUNICIPAL CODE 1976 REGULATING MASSAGE ESTABLISHMENTS k4D 1 ASSAGE SERVICES 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. 815 VOLUME L Ordinance No. G86-85 AN ORDINANCE AMENDING CHAPTER 6.31 OF THE ELGIN MUNICIPAL CODE, 19769 REGULATING MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 6.31, Section 6.31.010(C) and (D) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "C. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with any mechanical or electrical apparatus or appliance, with or without such creams,; lotions, ointments or other similar preparations commonly used in this practice. D. "Massage establishment" means any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in Section 6.31.010(C) of this chapter." Section 2. That Chapter 6.31, Section 6.31.020 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "6.31.020 Permit required. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, for the operation of each and every separate massage estab- lishment as defined in Section 6.31.010, without first having obtained a permit from the chief of police, after approval of the health officer." Section 3. That Chapter 6.31, Section 6.31.050(A) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "A. Upon receipt of the recommendations of the departments referred to in Section 6.31.030 and the certificate of the health officer that the establishment is in compliance with all of the requirements of Section 6.31.120, the chief of police shall issue a permit to maintain, operate or conduct a massage establishment, unless he finds: I. That the operation, as proposed by the applicant, if per- mitted, would not have complied with all applicable laws, including but not limited to, the building, health, housing, zoning and fire codes of the city; or VOLUME L 816 2. That the applicant and any other person who will be directly or indirectly engaged in the management and operation of a massage estab- lishment has been convicted of: (a) a felony, (b) an offense involving sexual misconduct with children, (c) prostitution, soliciting for a prostitute, pandering, keeping a place of prostitution, pimping or other offense opposed to decency and morality." Section 4. That Chapter 6.31, Section 6.31.070 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 116.31.070 Masseur or masseuse permit. Any person, including an applicant for massage establishment permit, who engages in the practice of massage as defined in Section 6.31.010 shall file an application for a masseur or masseuse permit with the chief of police upon a form provided by said chief of police and shall pay a non- refundable filing fee of twenty-five dollars for an original application and ten dollars for a renewal application, to the finance director, who shall issue a receipt which shall be attached to the application filed with the chief of police." Section 5. That Chapter 6.31, Section 6.31.130 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "6.31.130 Advertising. No massage establishment granted a permit under provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any services are available, or that employees, masseurs or masseuses are dressed in any manner other than prescribed in Section 6.31.120 of this chapter, nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in Section 6.31.120." Section 6. That Chapter 6.31, Section 6.31.150 of the Elgin Municipal Code, 1976, as amended, is hereby further amended to read as follows: "631.150 Out-call service. No 'but-call massage service" may be operated other than by a licensed massage establishment. All massages performed by an 'but-call massage service" must be performed in the manner prescribed in Sections 6.31.120 and 6.31.130." Section 7. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. 817 VOLUME L 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 28, 1985 Passed: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN i Councilman Andersen 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 I i VOLUME L 818 Ordinance No. G87-85 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of streets where parking is prohibited under Section 11.36.050M the following: DuPage Street, on the north side thereof between Rugby Place and Warwick Place. DuPage Street on both sides thereof between Channing Street and Warwick Place. Section 2. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.36.050M the following: DuPage Street, both sides thereof, from Channing Street to Rugby P lace. Garden Crescent Drive, east side thereof, from Wing Street northerly for a distance of 290 feet. Preston Avenue, east side thereof, from Congdon Avenue to Cooper Avenue. Walnut Avenue, in that portion of the alley located adjoining and between 213-219 Walnut Avenue. Wing Park Boulevard, both sides thereof, from Wing Street to a point 230 south of Wing Street. Section 3. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor 819 VOLUME L Presented: October 28, 1985 Passed: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING CHAPTER 9.55 OF THE ELGIN MUNICIPAL CODE TO PROVIDE FOR THE DISPOSAL OF WLAPONS Councilman Gilliam 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. VOLUME L 820 Ordinance No. G88-85 AN ORDINANCE AMENDING CHAPTER 9.55 OF THE ELGIN MUNICIPAL CODE TO PROVIDE FOR THE DISPOSAL OF WEAPONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 9.55.040 entitled "Disposal of Weapons" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 19.55.040 Disposal of Weapons A. The foregoing shall not apply to the disposition of any weapon which shall include, but is not limited to, the following: Any firearm, gun, revolver, pistol, rifle, bowie or switchblade knife, sling shot, metallic knuckles, martial arts weaponry such as throwing stars or nun chucks, bow and arrow or other items or devices of a like character determined by the Chief of Police to be a weapon. B. Any weapon acquired, received or held by Elgin pursuant to a court order shall be held by the Police Department for the period specified in the court order or for forty-five days, whichever is longer, before dis- position as provided in this section. C. Except as provided in subsection (B) above, any weapon acquired received or held by Elgin shall be held by the Police Department for six months. In the event the owner or other person who is legally entitled to possession of such weapon fails to make a bona fide claim, such weapon shall be disposed of as provided in this section. D. Any weapon or part thereof which is required to be disposed of in a certain manner pursuant to a court order, state statute or federal law shall be disposed of in the manner so provided. E. Any weapon unclaimed by their owner or other person lawfully entitled to possession after being held for the required period, shall be disposed of as follows: 1) Any weapon or part thereof which, as determined by the Chief of Police, may be used in training or as an additional weapon for the Police Department or for repair of Police Department armory weapons or which may be necessary or beneficial to the Police Department for any other reason or purpose may be assigned a City inventory number and placed in the Police Department armory. 2) Any weapon which is determined by the Chief of Police to be a collector's item or antique may be loaned to an appropriate museum as determined by the Chief of Police for display. 821 VOLUME L 3) Any weapon or parts thereof may be exchanged or traded for other weapons, parts, ammunition or maintenance supplies of equal or greater value with persons or businesses lawfully authorized to sell, trade and possess such weapons, parts, ammunition or maintenance supplies. The Chief of Police shall determine which weapons and/or parts are to be so exchanged or traded. 4) Any weapon or part thereof not otherwise disposed of as provided herein shall be totally destroyed. Such destruction shall be witnessed by the Chief of Police or his designee. E. The Chief of Police shall establish such regulations, rules and procedures as may be necessary to dispose of weapons as provided for in this ection and shall cause a complete accounting to be maintained of all weapons received, held or disposed of, including the name and address of any transferee." Section 2. That all ordinances or parts thereof in conflict with this ordinance are 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: October 28, 1985 Passed: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nan cyy Roll Nancy I�oli, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF MENTAL HEALTH FOR A REDUCED GRAVEL EXTRACTION OPERATION Councilman VanDeVoorde made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylon, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. VOLUME L 822 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF MENTAL HEALTH FOR A REDUCED GRAVEL EXTRACTION OPERATION 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 intergovernmental agreement on behalf of the City of Elgin with the Illinois Department of Mental Health for a reduced gravel extraction operation at the former State Hospital site, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GIERTZ-MELAHN ASPHALT COMPANY AND ROAD MATERIALS CORPORATION FOR GRAVEL EXTRACTION AND REHABILITATION 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. 823 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GIERTZ-MELAHN ASPHALT COMPANY AND ROAD MATERIALS CORPORATION FOR GRAVEL EXTRACTION AND REHABILITATION WHEREAS, the City of Elgin (hereafter Owner) is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, Giertz-Melahn Asphalt Company of South Elgin, Illinois (hereafter Giertz-Melahn) is a corporation organized and registered under the laws of the State of Delaware; and WHEREAS, Road Materials Corporation of Algonquin, Illinois (hereafter Operator) is a corporation organized and registered under the laws of the State of Delaware; and WHEREAS, Owner and Giertz-Melahn have previously entered into an agreement wherein Giertz-Melahn agreed to construct certain public improvements (road and parking lot); and WHEREAS, in consideration for such public improvements Elgin agreed to enter into an agreement wherein Giertz-Melahn or its designee would be permitted to extract gravel materials from certain real property owned by the Owner or to pay Giertz-Melahn the sum of $250,495.00; and WHEREAS, Owner and Giertz-Melahn and Operator have reached agreement wherein Operator would conduct extraction and reclamation activities on Owner's property pursuant and subject to the terms and conditions contained herein; and WHEREAS, the agreement has been reviewed and approved by the Illinois Depart- ment of Mental Health and Developmental Disabilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the James J. Cook, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized, empowered and directed to execute an agreement with Giertz-Melahn Asphalt Company and Road Materials Corporation for gravel extrac- tion and rehabilitation, a full a complete copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME L 824 Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED OF THE CITY OF ELGIN, ILLINOIS; APPROVING THE APPLICATION OF OUTLOOK ENVELOPE CO. (THE "COMPANY") AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE COMPANY CONCERNING THE ISSUANCE BY THE CITY OF ITS REVENUE BONDS 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. 825 VOLUME L RESOLUTION OF THE CITY OF ELGIN, ILLINOIS, APPROVING THE APPLICATION OF OUTLOOK ENVELOPE CO. (THE "COMPANY") AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE COMPANY CONCERNING THE ISSUANCE BY THE CITY OF ITS REVENUE BONDS WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois, (the "City") is a body politic and corporate and a home rule unit of local government of the State of Illinois; 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, equipping, 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, Outlook Envelope Co. (the "Company") has proposed to the City an Industrial Project (the "Project") consisting of the acquisition of certain improved real estate located in the Miller-Davis Research and Industrial Center (Lots 10 and 14 of the resubdivision thereof) (the "Real Estate") and the furnishing of substantial specialized machinery and equipment; and WHEREAS, the Company has applied to the City for economic assistance through the issuance by the City of its economic development revenue bonds in connection with the purchase of the Real Estate and the legal expenses and costs related to such purchase and the issuance of the bonds; and WHEREAS, a Memorandum of Agreement has been presented to the City under the terms of which the City agrees, subject to the provisions of such Agreement, to issue its limited obligation revenue bonds to finance the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, COOK AND KANE COUNTIES, ILLINOIS, as follows: Section I. The City hereby finds and determines that the Project proposed by the Company and hereinafter described will increase employment opportunities in the City by at least 85 new jobs in the City and increase the real estate tax base of the City, and that aiding the financing of the Project through the issuance of City's revenue bonds is declared and determined to be a public purpose and a function pertaining to the govern- ment and affairs of the City, in accordance with the Enabling Ordinance. VOLUME L 826 Section 2. The Mayor of the City is hereby authorized to execute, and the Clerk of the City is hereby authorized to attest a Memorandum of Agreement (the "Memorandum of Agreement") with the Company in substantially the form of the agree- ment appended to this Resolution as Exhibit A. The Memorandum of Agreement is hereby approved and authorized. Section 3. The officers and employees of the City are hereby authorized and directed to take such further action as is necessary to carry out the intent and purposes of the Memorandum of Agreement as executed and to issue not more than $2,000,000 principal amount of its revenue bonds upon the terms and conditions stated in such Memorandum of Agreement to defray and reimburse the Company for the cost of acquiring and equipment the Project (as further defined in the Memorandum of Agree- ment) and the same is declared and determined to be consistent with the policy of the City to encourage economic development within the City as set forth in the Enabling Ordinance. Section 4. All bonds to be issued by the City for the Project shall be limited obligations of the City. Such bonds shall not constitute an indebtedness of the City or a loan of credit thereof, or a pledge or any exercise of the City's taxing powers. The assignment of the rights to the revenues and receipts derived by the City with respect to the Project to the purchaser of the Bond, along with such additional security as provided under the bond purchase agreement, shall serve as full and complete satisfaction of the City's obligations under the provisions of the Enabling Ordinance and such agreements as shall be entered into in the course of the issuance of the Bond. Section 5. All actions heretofore taken by any officers or employees of the City in connection with the financing of the Project are hereby ratified, confirmed and approved. Section 6. 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. s/ Richard L. Verbic Richard L. Verbic, Mayor 827 VOLUME L Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Moll, Deputy Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF AMALGAMATED TRUST AND SAVINGS BANK FOR COLLECTION SERVICES 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. VOLUME L 828 RESOLUTION ACCEPTING THE PROPOSAL OF AMALGAMATED TRUST AND SAVINGS BANK FOR COLLECTION SERVICES 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 accept the proposal on behalf of the City of Elgin of Amalgamated Trust and Savings Bank for collection services, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED DESIGNATING DEPOSITORIES FOR FUNDS OF THE CITY OF ELGIN 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. I 829 VOLUME L RESOLUTION DESIGNATING DEPOSITORIES FOR FUNDS OF THE CITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following banks are hereby designated as depositories for the funds of the City of Elgin: The First National Bank of Elgin 6 Fountain Square Plaza, Elgin Elgin National Bank 24 East Chicago Street, Elgin Continental Illinois National 231 South LaSalle Street, Chicago Bank and Trust of Chicago The First National Trust 800 Davis Street, Evanston Company of Evanston The First National Bank of Chicago One First National Plaza, Chicago Citibank, NA 399 Park Avenue, New York, New York Amalgamated Trust and Bank One West Monroe Street, Chicago s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 I Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: I Attest: I s/ Nancy Roll Nancy atoll, Deputy Clerk I RESOLUTION ADOPTED APPOINTING KAREN SCHOCK AS A MEMBER OF THE ELGIN HERITAGE COMMISSION 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. VOLUME L 830 RESOLUTION APPOINTING KAREN SCHOCK AS A MEMBER OF THE HERITAGE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Karen Schock be and is hereby appointed as a member of the Heritage Commission for a term to expire July I, 1986. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY 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. I 831 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY 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 a lease agreement on behalf of the City of Elgin with the Chicago and Northwestern Tran- sportation Company for a portion of Wellington Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY Councilman Andersen made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylon, Shales, VanDeVoorde, Waters and Mayor Verbic. Nays: None. I VOLUME L 832 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY 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 direced to execute an intergovernmental agreement on behalf of the City of Elgin with the Forest Preserve District of Kane County for the acquisition of 414 McBride Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH LIQUORLAND ENTERPRISES, INC. FOR THE HEMMENS LIQUOR CONCESSION 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. 833 VOLUME L RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LIQUORLAND ENTERPRISES, INC. FOR THE HEMMENS LIQUOR CONCESSION 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with Liquorland Enterprises, Inc. for the Hemmens liquor concession, a copy of which is attached hereto and'made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancyy Roll Nancy loll, Deputy Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF SINGLES ROOFING CO. INC. FOR ROOF REPAIRS AT THE LORD1S PARK MUSEUM 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. VOLUME L 834 RESOLUTION ACCEPTING THE PROPOSAL OF SINGLES ROOFING CO., INC. FOR ROOF REPAIRS AT THE LORD'S PARK MUSEUM 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 accept the proposal on behalf of the City of Elgin of Singles Roofing Co., Inc. for roof repairs at the Lord's Park Museum, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING PAYMENT TO U.S. SHELTER INC. FOR OVERSIZING WATERMAIN LONG MAROON DRIVE 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. 835 VOLUME L RESOLUTION AUTHORIZING PAYMENT TO U.S. SHELTER, INC. FOR OVERSIZING WATERMAIN ALONG MAROON DRIVE WHEREAS, Section 18.28.030C provides that when a water system with a capacity which is greater than that necessary to serve a proposed development is required, the City shall pay the cost of oversizing for the additional capacity; and WHEREAS, U.S. Shelter, Inc. in the course of development of a certain subdivision known as Parkwood II constructed, at the request of the City, a 12 inch watermain in and along Maroon Drive in the City of Elgin; and WHEREAS, an 8 inch watermain was required to serve the subdivision; and WHEREAS, the City Engineer has determined that the cost of oversizing said watermain is in the amount of $11,134.20 and has recommended payment to U.S. Shelter, Inc. in said amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Finance Director is hereby authorized and directed to make payment to U.S. Shelter, Inc. in the amount of $1 1,134.20 as reimbursement to U.S. Shelter, Inc. for oversizing the watermain herein described. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 28, 1985 Adopted: October 28, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $ 21,21 1.70 Refuse Charges Burnidge, Cassell & Assoc. $ 3,865.40 Architectural Services for Old Main Boncosky Oil Co. $ 7,538.72 Gasoline for Garage and Spartan Meadows Golf Course i VOLUME L 836 Union Oil Co. $ 3,690.19 Gasoline for Garage Seyfarth, Shaw $ 1,837.00 Legal Services Board of Education $ 2,372.78 Rental of School Buses Reed Auto Service $ 1,791.78 Bus Repairs for Dial-a-Ride Councilman Gilliam 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, Budget Summary 10/7/85 Cemetery Report for Month of September, 1985 Committee of the Whole Minutes for October 14, 1985 Elgin Beautification Commission Minutes for July 22, 1985 Heritage Commission Minutes for June 13, 1985 Heritage Commission Minutes for July 11, 1985 Heritage Commission Minutes for August 8, 1985 Parking Lot Revenues, October 1, 1984 - September 30, 1985 Public Property and Recreation Board Minutes of September 24, 1985 Sales Tax Revenues for July Traffic Committee Minutes for October 3, 1985 Transportation Operations Report for September, 1985 Water Department Accounts Receivable for Month of October Councilman Gilliam made a motion, seconded by Councilwoman Shales, 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 Councilman Andersen, 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 8:28 p.m. �Iancy RoII,JDeputy Clerk