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HomeMy WebLinkAbout1989 CC MinutesVOLUME LIV January 11, 1989 1 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 January 11, 1989, at 8:00 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Dr. Willis Reed, and the Pledge of Allegiance was led by Councilwoman Moylan. Rn T.T. rA T.T. Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE DECEMBER 28, 1988 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilwoman Shales to approve the December 28, 1988 Council Minutes. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR 1988 TREE STUMP REMOVAL PROGRAM Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid to the low bidder, Taylor's Stump and Tree Removal. The awarded contract would be in the amount not - to -exceed $7,500.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 70-88 REQUESTING A REZONING FROM M-1 LIMITED MANUFACTURING DISTRICT TO B-3 SERVICE BUSINESS DISTRICT AND SPECIAL USE APPROVAL FOR AN OPEN SALES LOT, PROPERTY LOCATED AT 915 DUNDEE AVENUE - DENIED Councilman Gilliam: In order to put this on the floor, I will make a motion to approve. Councilwoman Popple: Second. Councilwoman Moylan: I would like to ask a question of the staff. Did we receive a response to our letter on the 900 North Liberty property. Tom Armstrong: The letter was sent to the owner, Mr. Collingbourne, and to my knowledge we have not received any reply. 2 VOLUME LIV Councilman Gilliam: In the past I have been opposed to expanding used car lots on Dundee Avenue, and I will not support this one. Councilman Walters: I am not going to take that blanket stand, but what I think is important is the entire block. This is a very difficult parking area, the lots are very small and it seems very difficult to put anything on them. Mayor VanDeVoorde: If there are no further questions will the Clerk call the roll. Yeas: None. Nays: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. PETITION 77-88 REQUESTING A REZONING FROM O LIMITED OFFICE DISTRICT TO B-1 COMMUNITY BUSINESS DISTRICT, PROPERTY LOCATED AT 464 SUMMIT STREET BY HUGHES ENTERPRISES AND FRANKLIN J. KRAMER APPRnVRD Councilman Fox made a motion to approve Petition 77-88, subject to the Land Use Committee's conditions. Councilwoman Moylan: Second. Councilwoman Popple: I am not going to support this because I think we continue to erode that residential area. Not that this launderette would not be a nice one, but certainly there are other places where it would be more appropriate without changing the zoning in that neighborhood. Councilman Walters: I think the idea of this is that there would be some shared parking with the law offices which are adjacent to that location, is that correct. Attorney Rob Kramer: Yes that certainly is. While it is clearly expressed in the petition it is necessary to re -affirm that this is somewhat of a joint project. Councilman Fox: In reading over the transcript several questions were raised by those who objected to it, one of which was whether it was going to be attended or not, and I think that was answered that it was going to be attended fulltime. Mr. Hughes: Yes, two employees would be there. Councilman Fox: The other thing that was recommended by the objectors was that be turned back into a residential area, and I don't think that is a reasonable use of that land. I am going to support this petition, I think it solves a lot of problems for the law firm. The market study indicates the VOLUME LIV launderette is needed, I don't think to the area, and the objections that resolved so I am going to support this. Jim Cook: I only want to In saying this is the plan my understanding that as it be located without a waiver too close to west property may be made that this is the might have to be altered if achieved. 3 it will be a detriment were raised seem to be call one item to your attention. and this is the building, it is sits now the building could not of setbacks, because it is seated line. While the representation intention in actual fact the layout a waiver of the sideyard was not Attorney Heimburg: At the same time we filed the zoning petition we filed a request for a hearing before Mr. Blondin for variances on the sideyard. It was decided that this could not be heard as a variance until the rezoning was accomplished. So this is the first phase of a two step process. Councilwoman Shales: I like the plan and it sounds like it could be of value to the neighborhood and solve some of the parking problems. If we rezone this to B-1 what guarantee do we have that this is actually what will happen. Mayor VanDeVoorde: I believe that this is what they are going to do, but the fact of the matter is any B-1 application can be used at that site. Councilwoman Shales: That is where I have a problem and I would like some guarantees that this is actually what is going to happen. Mayor VanDeVoorde: I have a lot of confidence in the developer and I believe he will build a good building and do a good job there. Over the years I have heard the bad stories about strip zoning, and to me this seems like a typical example of that. Taking a major street and adding one more business, and then one more business next to that, and some day we will have lost the residential character of the neighborhood, we will have strip zoning. I would like to see business uses in business areas. Mr.Gromer has some open room down there that he would be happy to fill. We are hoping to create a TIF District on Dundee and Summit and I hate to see us eroding residential neighborhoods. Although I have a lot of confidence in the developer and the owner, I have to vote on the issue which is zoning, strip zoning, and I must vote against it. If there is no further discussion will the Clerk call the roll. Yeas: Councilmen Fox, Gilliam, Moylan and Walters. Nays: Councilmen Popple, Shales and Mayor VanDeVoorde. 4 VOLUME LIV RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH HARRIS PROPERTIES, INC. Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution.' Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 5 RESOLUTION AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH HARRIS PROPERTIES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute a Redevelopment Agreement on behalf of the City of Elgin with Harris Properties, Inc. for the redevelopment of South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. gf npnrgp Van DeVonrd George VanDeVoorde, Mayor Presented: January 11,1989 Adopted: January 11, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s / Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Randall Ridge) Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple Shales, Walters and Mayor VanDeVoorde. Nays: None. 6 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Randall Ridge) 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 11,1989 Adopted: January 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Randall Ridge) Councilman Gilliam made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 7 Ordinance No. S 1-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Randall Ridge) 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 1. 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: That part of the Southwest quarter of Section 16 and part of the East half of Section 17, all in Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of the Northeast quarter of said Section 17; thence North 76 degrees 13' 42" West along the Southerly line of Fourth Addition to Almora Heights, Elgin, 1362.52 feet to the West line of the Southeast quarter of the North- east quarter of said Section 17; thence South 00 degrees 32' 43" West along said West line 333.02 feet to the South line of the Northeast quarter of said Section 17; thence South 89 degrees 37' 35" West along said South line 764.33 feet to the Northerly line of Federal Aid Route 6 as established by proceedings in the Circuit Court of Kane County, Illinois, as Case No. 60- 1 166; thence Southeasterly along said Northerly line, being along a curve to the right having a radius of 23068.30 feet, a distance of 1947.89 feet; thence North 69 degrees 10, 56" East along said Northerly line 235.17 feet; thence North 52 degrees 58, 17" East along said Northerly line 282.99 feet; thence North 35 degrees 43' 26" East along said Northerly line 126.21 feet to the Westerly line of Randall Road; thence Northwesterly along said Westerly line being along a curve to the right having a radius of 1287.02 feet, a distance of 438.60 feet to the North line of the Southwest quarter of said Section 16; thence South 89 degrees 37' 35" West along said North line 42.79 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. A VOLUME LIV Section 2. That a certified copy of this ordinance together with an 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 is passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 11,1989 Passed: January 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN ANNEXED TERRITORY (Randall Ridge) Councilman Gilliam made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G 1-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Randall Ridge) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-2 Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 same 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 R-2 Single Family Residence District, the following described property: That part of the Southwest quarter of Section 16 and part of the East half of Section 17, all in Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of the Northeast quarter of said Section 17; thence North 76 degrees 13' 42" West along the Southerly line of Fourth Addition to Almora Heights, Elgin, 1362.52 feet to the West line of the Southeast quarter of the North- east quarter of said Section 17; thence South 00 degrees 32' 43" West along said West line 333.02 feet to the South line of the Northeast quarter of said Section 17; thence South 89 degrees 37' 35" West along said South line 764.33 feet to the Northerly line of Federal Aid Route 6 as established by proceedings in the Circuit Court of Kane County, Illinois, as Case No. 60- 1 166; thence Southeasterly along said Northerly line, being along a curve to the right having a radius of 23068.30 feet, a distance of 1947.89 feet; thence North 69 degrees 10' 56" East along said Northerly line 235.17 feet; thence North 52 degrees 58' 17" East along said Northerly line 282.99 feet; thence North 35 degrees 43' 26" East along said Northerly line 126.21 feet to the Westerly line of Randall Road; thence Northwesterly along said Westerly line being along a curve to the right having a radius of 1287.02 feet, a distance of 438.60 feet to the North line of the Southwest quarter of said Section 16; thence South 89 degrees 37' 35" West along said North line 42.79 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois." 10 VOLUME LIV Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 11, 1989 Passed: January 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING PRELIMINARY PLAN FOR RANDALL RIDGE Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 11 RESOLUTION APPROVING PRELIMINARY PLAN FOR RANDALL RIDGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plan prepared by Robert H. Anderson & Associates, Inc. dated June I, 1988 and revised December 15, 1988 for Randall Ridge. s/ George VanDeVoorde George Van eVoorde, Mayor Presented: January 11, 1989 Adopted: January 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 12 VOLUME LIV RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title I of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of general purpose local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that the budgeting of certain Community Development Block Grant Program funds will provide additional benefit to low and moderate income persons; and WHEREAS, the City Council of Elgin, Illinois, has held a public hearing regarding the budgeting of certain Community Development Block Grant Program funds as shown in the Budget Modifications, a copy of which is attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Manager is authorized to budget Community Develop- ment Block Grant Program funds as identified in the attached Budget Modifications. Section 2. That the City Manager is hereby authorized to execute and file docu- ments for the budgeting of said funds with the U.S. Department of Housing and Urban Affairs. s1 Gnorag VanDaVnnrde George VanDeVoorde, Mayor Presented: January 11,1989 Adopted: January 11, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s/ Marie Vearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE RENTAL REHABILITATION PROGRAM Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 13 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE RENTAL REHABILITATION PROGRAM WHEREAS, Section 17 of the United States Housing Act of 1937 authorizes funding for rental rehabilitation grants to help support the rehabilitation of privately owned real property to be used primarily for residential rental purposes; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of rental housing rehabilitation in order that beneficial solutions to the problems of slum and blight, and housing and neighborhood deterioration may be determined. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That a submission be made to the Illinois Department of Commerce and Community Affairs for Rental Rehabilitation Program funding. Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Illinois Department of Commerce and Community Affairs and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Depart- ment, and to act as the authorized correspondent of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January II, 1989 Adopted: January 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH GLUTH BROS. CONSTRUCTION CO., INC. FOR THE MAPLE ST. WATERMAIN EXTENSION Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 14 VOLUME LIV RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH GLUTH BROS. CONSTRUCTION CO., INC. FOR THE MAPLE STREET WATERMAIN EXTENSION WHEREAS, the City of Elgin has heretofore entered into a contract with Gluth Bros. Construction Co., Inc. for installation of the Maple Street watermain extension; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. I, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, be and is hereby authorized and directed to execute Change Order No. I, a copy of which is attached hereto and made a part hereof by reference. c,��_jy�nr� 11par wAlno-de George VanDeVoorde, Mayor Presented: January 11, 1989 Adopted: January 11, 1988 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF THE LEADERSHIP COUNCIL FOR METROPOLITAN OPEN COMMUNITIES Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 15 RESOLUTION ACCEPTING THE PROPOSAL OF THE LEADERSHIP COUNCIL FOR METROPOLITAN OPEN COMMUNITIES 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 the Leadership Council for Metropolitan Open Communities to conduct audits to determine if discriminatory housing practices exist and to train city staff, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 11,1989 Adopted: January 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AMENDING THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1989 Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 16 VOLUME LIV RESOLUTION AMENDING THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1989 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of City Council {Meetings for 1989 is amended as follows: ELGIN CITY COUNCIL MEETINGS FOR 1989 Committee of the Whole Meeting January 11, 1989 6:30 P.M. Elgin City Council Meeting January 11, 1989 8:00 P.M. Committee of the Whole Meeting January 25, 1989 6:30 P.M. Elgin City Council Meeting January 25, 1989 8:00 P.M. Committee of the Whole Meeting February 8, 1989 6:30 P.M. Elgin City Council Meeting February 8, 1989 8:00 P.M. Committee of the Whole (Meeting February 22, 1989 6:30 P.M. Elgin City Council Meeting February 22, 1989 8:00 P.M. Committee of the Whole Meeting March 8, 1989 6:30 P.M. Elgin City Council Meeting March 8, 1989 8:00 P.M. Committee of the Whole Meeting March 22, 1989 6:30 P.M. Elgin City Council {Meeting March 22, 1989 8:00 P.M. Committee of the Whole (Meeting April 12, 1989 6:30 P.M. Elgin City Council Meeting April 12, 1989 8:00 P.M. Committee of the Whole Meeting April 26, 1989 6:30 P.M. Elgin City Council Meeting April 26, 1989 8:00 P.M. Committee of the Whole Meeting May 10, 1989 6:30 P.M. Elgin City Council Meeting May 10, 1989 8:00 P.M. Committee of the Whole Meeting May 24, 1989 6:30 P.M. Elgin City Council Meeting May 24, 1989 8:00 P.M. Committee of the Whole Meeting June 14, 1989 6:30 P.M. Elgin City Council Meeting June 14, 1989 8:00 P.M. Committee of the Whole Meeting June 28, 1989 6:30 P.M. Elgin City Council Meeting June 28, 1989 8:00 P.M. Committee of the Whole Meeting July 12, 1989 6:30 P.M. Elgin City Council Meeting July 12, 1989 8:00 P.M. Committee of the Whole Meeting July 26, 1989 6:30 P.M. Elgin City Council Meeting July 26, 1989 8:00 P.M. Committee of the Whole Meeting August 9, 1989 6:30 P.M. Elgin City Council Meeting August 9, 1989 8:00 P.M. Committee of the Whole Meeting August 23, 1989 6:30 P.M. Elgin City Council Meeting August 23, 1989 8:00 P.M. Committee of the Whole Meeting September 13, 1989 6:30 P.M. Elgin City Council Meeting September 13, 1989 8:00 P.M. Committee of the Whole Meeting September 27, 1989 6:30 P.M. Elgin City Council Meeting September 27, 1989 8:00 P.M. Committee of the Whole Meeting October 11, 1989 6:30 P.M. Elgin City Council Meeting October 11, 1989 8:00 P.M. Committee of the Whole Meeting October 25, 1989 6:30 P.M. Elgin City Council Meeting October 25, 1989 8:00 P.M. Committee of the Whole Meeting November 8, 1989 6:30 P.M. Elgin City Council Meeting November 8, 1989 8:00 P.M. VOLUME LIV Committee of the Whole Meeting Elgin City Council Meeting Committee of the Whole Meeting Elgin City Council Meeting Committee of the Whole Meeting Elgin City Council Meeting Presented: January 11, 1989 Adopted: January 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk 17 November 22, 1989 6:30 P.M. November 22, 1989 8:00 P.M. December 13, 1989 6:30 P.M. December 13, 1989 8:00 P.M. December 27, 1989 6:30 P.M. December 27, 1989 8:00 P.M. s/ George VanDeVoorde George VanDeVoorde, Mayor RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 18 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 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 an agreement on behalf of the City of Elgin with the Department of Mental Health and Developmental Disabilities for fire fighting services at the Elgin !Mental Health Center, a copy of which is attached hereto and made a part hereof by reference. sf George VanDeVoorde George VanDeVoorde, Mayor Presented: January 11,1989 Adopted: Januar 11, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s / Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO THE FOX RIVER TASK FORCE Councilwoman Moylan made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 0�J RESOLUTION APPOINTING MEMBERS TO THE FOX RIVER TASK FORCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following persons be and are hereby appointed as members of the Fox River Task Force: Dr. James Didier, Chairman Arthur Allan Roy Be I I Don Brosnan Steve Byers Vicky Culver Dan Fox Presented: January 11, 1989 Adopted: January 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk Chuck Gessert M. Edward Kelly Pat Reese Ed Schack Mark Seigle Susan Stillenger John Walters s/ George VanDeVoorde George VanDeVoorde, Mayor 20 VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS U.S. Conference of Mayors $ 2,100.00 1989 membership dues. Ill. Municipal League 2,103.75 1989 membership dues. Elgin Chamber of Commerce 10,163.50 lst quarter support payment. Elgin Public Museum 10,100.00 lst quarter support payment. D.H. Martin Petroleum 5,392.50 Purchase of gasoline. Mohawk Mfg. Co. 1,643.07 Misc. parts stock for buses. Beveral Gravel 1,700.02 Purchase of sand and gravel. Crescent Electric 1,993.03 Misc. electrical parts. NCR Corporation 1,579.50 Maintenance service. B & D Office Machine 4,539.75 Purchase of 6 typewriters. Acushnet Co. 2,463.58 Golf supplies. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report for December, 1988 Building Permit Report for December, 1988. Transportation Report for November, 1988 Heritage Commission Minutes for December 12, 1988. Committee of the Whole Minutes for December 14, 1988. ANNOUNCEMENTS The Mayor made announcements relative to forthcoming meetings. ADJOURNMENT Counciwoman Popple made a motion, seconded by Councilwoman Shales to adjourn the Council Meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. �The meeting adjourned at 8:25.p.m. Marie Yearman, City Clerk VOLUME LIV January 25, 1989 21 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 January 25, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Councilwoman Moylan and the Pledge of Allegiance led by Councilwoman Popple. Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE JANUARY 11, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilwoman Popple, to approve the January 11, 1989 Council Minutes. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED EXPRESSING APPRECIATION TO THE JUDSON COLLEGE SATURDAY MORNING CLUB Judson College representatives, Kathy Gribbin, Director Student Activities, and Debbie Sallee, Student Coordinator, accepted the following resolution on behalf of the Judson College Saturday Morning Club. Councilwoman Moylan made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION EXPRESSING APPRECIATION TO THE JUDSON COLLEGE SATURDAY MORNING CLUB WHEREAS, nearly six percent of the population of Kane County lives below the official poverty line; and WHEREAS, many children who live in low-income neighborhoods with only one parent do not receive sufficient adult attention which may increase the likelihood of experimentation with drugs; and WHEREAS, certain Judson College students by donating their time two or three Saturdays each month have created the Saturday Morning Club to provide games, food and talk at the campus for low-income children. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to the members of the Judson 22 VOLUME LIV College Saturday Morning Club for their unselfish and generous contributions to the youth of Elgin. Their caring actions set an example of which all of Elgin can be proud. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25, 1989 Adopted: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy o I I Nancy Roll, Deputy Clerk PUBLIC HEARING ON PROPOSED ANNEXATION AGREEMENT FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS COUNTRY BROOK, PROPERTY LOCATED SOUTH OF BODE ROAD Roger Dahlstrom stated the proposal is in general conformance with the comprehensive plan and would result in the annexation of a majority of the surrounded area. A solution has been reached for the four issues listed as unresolved with respect to this development. To obtain continuity in the street pattern to the east beyond Poplar Creek Drive, there should be another point of access to Bode Road from the property to the north. The proposed street pattern permits frontage on two sides of the remaining unplatted area within the general boundaries of the development. The benefits of the proposed street pattern outweigh the benefits of having a point of access realigned on Poplar Creek Drive. The developer has modified his teardrop shaped cul-de-sacs to improve the inside radius of those cul-de-sacs to the point that they become acceptable for emergency access and sanitation. The developer has agreed to reevaluate the configuration of a number of lots, specifically those with very narrow rear yards, realigning the lot lines to provide for a more usable rear yard and specifically enlarging Lot 51, which is a lot that is surrounded on three sides by rights of way. Regarding the extra fifty foot setback on lots that back to Lovell Road the developer has pointed out that the nature of the homes to be constructed combined with the average setback and the average depth of those lots would for the most part provide a fifty foot rear yard on those lots. This developer is the same developer who correctly notified and advised future buyers in the past that they would back up to Lovell Road and believe they would take that position in this development as well. Councilman Gilliam: Is there something future buyers could sign that would evidence that they have been informed of the proposed right of way. VOLUME LIV 27 Steve Torgersen $ 1,981.18 Residential Rehabilitation Program Josepha Jiminez $ 3,950.00 Residential Rehabilitation Program Mamie Bills $ 1,630.00 Residential Rehabilitation Program Councilman Gilliam made a motion, seconded by Councilman Fox, to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN Randall Ridge Councilman Fox made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. S2-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Randall Ridge) 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; and WHEREAS, Ordinance No. SI-89 passed January II, 1989 does not accurately describe the territory annexed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Ordinance No. SI-89 passed January 11, 1989 be and is hereby repealed. Section 2. 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: 28 VOLUME LIV Parcel One: Lot 21 of Block 7 of Fourth Addition to Almora Heights, also that part of Win Haven Drive contiguous and adjoining said Lot 21 described as follows: Beginning at the Northwest corner of said Lot 21; thence Northerly perpendicular to the tangent of a curve convex to the South, to the Northerly right of way line of said Win Haven Drive; thence Easterly along said Northerly right of way line to a point which is perpendicular to the tangent of a curve, convex Southerly, from the Northeast corner of said Lot 21; thence Southerly along the aforesaid perpendicular line to the Northeast corner of said Lot 21; thence Westerly along the Northerly line of said Lot 21, said line being along a curve convex to the South to the place of beginning, in the Township of Elgin, Kane County, Illinois. Parcel Two: That part of the Southwest quarter of Section 16 and part of the East half of Section 17, all in Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of the Northeast quarter of said Section 17; thence North 76 degrees 13' 42" West along the Southerly line of Fourth Addition to Almora Heights, Elgin, 1362.52 feet to the West line of the Southeast quarter of the North- east quarter of said Section 17; thence South 00 degrees 32' 43" West along said West line 333.02 feet to the South line of the Northeast quarter of said Section 17; thence South 89 degrees 37' 35" West along said South line 764.33 feet to the Northerly line of Federal Aid Route 6 as established by proceedings in the Circuit Court of Kane County, Illinois, as Case No. 60- 1 166; thence Southeasterly along said Northerly line, being along a curve to the right having a radius of 23,068.30 feet, a distance of 1947.89 feet; thence North 69 degrees 10' 56" East along said Northerly line 235.17 feet; thence North 52 degrees 58' 17" East along said Northerly line 282.99 feet; thence North 35 degrees 43' 26" East along said Northerly line 126.21 feet to the Westerly line of Randall Road; thence Northwesterly along said Westerly line being along a curve to the right having a radius of 1287.02 feet, a distance of 438.60 feet to the North line of the Southwest quarter of said Section 16; thence South 89 degrees 37' 35" West along said North line 42.79 feet to the point of beginning, also that part of U.S. Route 20, contiguous and adjoining aforesaid Parcel 2, described as follows: Beginning at a point of intersection with the Northerly right of way line of said U.S. Route 20, and the North line of the Southeast quarter of Section 17, Township 41 North, Range 8 East of the Third Principal Meridian; thence Southeasterly along the Northerly right of way line of said U.S. Route 20, said line being on the arc of a curve, said curve having a radius of 23,068.30 feet and being convex to the Northeast, a distance of 1947.89 feet; thence North 69 degrees 10' 56" East, 235.17 feet; thence North 52 degrees 58' 17" East to a point of intersection with the East line of the Southeast quarter of said Section 17; thence Southerly along said East line to a point of intersection with the Southerly right of way line of said U.S. Route 20; thence Northwesterly along the Southerly right of way line of said U.S. Route 20 to a point of intersection of a line drawn perpendicular to the tangent of the intersection of the North line of the Southwest VOLUME LIV 29 quarter of said Section 17 and the Northerly right of way line of said U.S. Route 20 extended Southwesterly, thence Northeasterly along said line to the point of beginning, in the Township of Elgin, Kane County, Illinois. Section 3. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after is passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25, 1989 Passed: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy`Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY Randall Ridge Councilman Fox made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G4-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Randall Ridge) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-2 Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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; and 30 VOLUME LIV WHEREAS, Ordinance No. GI-89 passed January 11, 1989 failed to include a complete description of the newly annexed territory to be classified in the R-2 Single Family Residence District. 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 same 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 R-2 Single Family Residence District, the following described property: Parcel One: Lot 21 of Block 7 of Fourth Addition to Almora Heights, also that part of Win Haven Drive contiguous and adjoining said Lot 21 described as follows: Beginning at the Northwest corner of said Lot 21; thence Northerly perpendicular to the tangent of a curve convex to the South, to the Northerly right of way line of said Win Haven Drive; thence Easterly along said Northerly right of way line to a point which is perpendicular to the tangent of a curve, convex Southerly, from the Northeast corner of said Lot 21; thence Southerly along the aforesaid perpendicular line to the Northeast corner of said Lot 21; thence Westerly along the Northerly line of said Lot 21, said line being along a curve convex to the South to the place of beginning, in the Township of Elgin, Kane County, Illinois. Parcel Two: That part of the Southwest quarter of Section 16 and part of the East half of Section 17, all in Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of the Northeast quarter of said Section 17; thence North 76 degrees 13' 42" West along the Southerly line of Fourth Addition to Almora Heights, Elgin, 1362.52 feet to the West line of the Southeast quarter of the North- east quarter of said Section 17; thence South 00 degrees 32' 43" West along said West line 333.02 feet to the South line of the Northeast quarter of said Section 17; thence South 89 degrees 37' 35" West along said South line 764.33 feet to the Northerly line of Federal Aid Route 6 as established by proceedings in the Circuit Court of Kane County, Illinois, as Case No. 60- 1 166; thence Southeasterly along said Northerly line, being along a curve to the right having a radius of 23,068.30 feet, a distance of 1947.89 feet; thence North 69 degrees 10' 56" East along said Northerly line 235.17 feet; thence North 52 degrees 58' 17" East along said Northerly line 282.99 feet; thence North 35 degrees 43' 26" East along said Northerly line 126.21 feet to the Westerly line of Randall Road; thence Northwesterly along said Westerly line being along a curve to the right having a radius of 1287.02 feet, a distance of 438.60 feet to the North line of the Southwest quarter of said Section 16; thence South 89 degrees 37' 35" West along said North line 42.79 feet to the point of beginning, also that part of U.S. Route 20, contiguous and adjoining aforesaid Parcel 2, described as follows: VOLUME LIV 31 Beginning at a point of intersection with the Northerly right of way line of said U.S. Route 20, and the North line of the Southeast quarter of Section 17, Township 41 North, Range 8 East of the Third Principal Meridian; thence Southeasterly along the Northerly right of way line of said U.S. Route 20, said line being on the arc of a curve, said curve having a radius of 23,068.30 feet and being convex to the Northeast, a distance of 1947.89 feet; thence North 69 degrees 10, 56" East, 235.17 feet; thence North 52 degrees 58, 17" East to a point of intersection with the East line of the Southeast quarter of said Section 17; thence Southerly along said East line to a point of intersection with the Southerly right of way line of said U.S. Route 20; thence Northwesterly along the Southerly right of way line of said U.S. Route 20 to a point of intersection of a line drawn perpendicular to the tangent of the intersection of the North line of the Southwest quarter of said Section 17 and the Northerly right of way line of said U.S. Route 20 extended Southwesterly, thence Northeasterly along said line to the point of beginning, in the Township of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25, 1989 Passed: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nanc�-Aoll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT WITH THE ILLINOIS STATE POLICE Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT WITH THE ILLINOIS STATE POLICE 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 amended agreement on behalf of the City of Elgin 32 VOLUME LIV with the Illinois State Police for a firing range facility, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25,1989 Adopted: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Noncy4oll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED IN SUPPORT OF THE SCHOOL DISTRICT U-46 REFERENDUM Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION IN SUPPORT OF THE SCHOOL DISTRICT U-46 REFERENDUM WHEREAS, the City Council of the City of Elgin believes that a quality educational system is important to our City; and WHEREAS, the City Council recognizes the efforts being made by School District U-46 to provide quality education to our citizens; and WHEREAS, the City Council recognizes the need for additional funds for operations, building and maintenance purposes throughout School District U-46. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council of the City of Elgin does hereby declare its support for School District U-46 proposition on the February 28 referendum ballot. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV 33 Presented: January 25, 1989 Adopted: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy 11 Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilman Fox made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G2-89 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 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further arnended by deleting from the list of streets where parking is prohibited under Section 1 1.60.050P the following: Douglas Avenue. Douglas Avenue, west side thereof, southerly to two hundred thirty-one feet south of the centerline of Cooper Avenue, from nine a.m. to ten a.m. and from three p.m. to four p.m., Monday through Friday, except holidays. Douglas Avenue, east side thereof, southerly to 191.4 feet south of the centerline of Cooper Avenue, from nine a.m. to ten a.m. and from three p.m. to four p.m., Monday through Friday, except holidays. 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 pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor 34 VOLUME LIV Presented: January 25, 1989 Passed: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: r--� Q Ka s/ Nanc Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING AGREEMENT WITH DONOHUE & ASSOCIATES, INC. Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING AGREEMENT WITH DONOHUE & ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an engineering agreement on behalf of the City of Elgin with Donohue & Associates, Inc. for the cross connection control program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25, 1989 Adopted: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 35 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Mark Leith be and is hereby appointed as a member of the Parks and Recreation Board for a term to expire May I, 1990. BE IT FURTHER RESOLVED that Jack Missele be and is hereby appointed as a member of the Image Advisory Commission for a term to expire May I, 1990. BE IT FURTHER RESOLVED that Ron O'Neal be and is hereby appointed as a member of the Board of Fire and Police Commissioners for a term to expire May I, 1990. BE IT FURTHER RESOLVED that Jeff Younger be and is hereby appointed as a member of the Human Relations Commission for a term to expire May I, 1991. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25, 1989 Adopted: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Boll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A PARATRANSIT Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A PARATRANSIT GRANT AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, and Marie Yearmon, City Clerk, be and are hereby authorized and directed to execute a paratransit grant agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor M. VOLUME LIV Presented: January 25, 1989 Adopted: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nano I I Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY 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 a lease agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for small bus equipment, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25, 1989 Adopted: January 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancygkoll Nancy Roll, Deputy Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for October, 1988 Elgin Board of Health Minutes for November 3, 1988 Hemmens Advisory Board Minutes for November 10, 1988 Parks and Recreation Board Minutes for November 22, 1988 Land Use Committee Minutes for December 19, 1988 Committee of the Whole Minutes for December 28, 1988 Land Use Committee Minutes for January 3, 1989 Disbursement Report for December, 1988 VOLUME LIV 37 Councilman Gilliam made a motion, seconded by Councilman Fox, to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilwoman Shales, to adjourn the Council meeting to go into Committee of the Whole. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The Council meeting adjourned at 8:25 p.m. Nancy Roll, Deputy Clerk VOLUME LIV 23 Councilman Fox: The problem of the buyers said they were something to that effect. I'm and white that there will be there. we had with the last one was that they did that but many told not to worry about it, there will never be a road, or not blaming salespeople, but can we just lay it out in black a road there. We've already decided there will be a road Councilwoman Moylan made a motion, seconded by Councilman Walters, to close the Public Hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. CONSIDERATION OF PETITION 32-88 REQUESTING A SERVICE BUSINESS DISTRICT SPECIAL USE FOR MOTOR VEHICLE BODY REPAIR OF FOUR TON CAPACITY OR UNDER PROPERTY LOCATED AT 300 SOUTH STATE STREET, BY BRIAN DAUFENBACH AND EARL DAUFENBACH Councilman Walters: For discussion purposes I move for approval of this petition with the recommendations. Councilwoman Shales: Second. Councilwoman Popple: I have a question about the number of cars that are already parked on that lot, including one that has a "For Sale" sign; I'm questioning the use of the property right now. I have reservations about how many cars are there now. If it were cleaned up, I might be more inclined to go along with it, but without the petitioner or someone here to answer that, I'm not going to vote in favor of it. Councilman Walters: In reading the transcript and going by the property on a regular basis, I question the viability of it as a gas station but more as a location of cars in various states of repair or disrepair. It appears as though it is being used as an outside storage lot right now. I'm going to vote against this matter simply because I first of all do not think it has reasonably met the standards of a special use and there are different ways the city has to assert pressure to clean it up the location. Councilman Fox: Considering some of the statements that were made in the transcript, that they were going to meet all the codes and we would have a chance to work with them in cleaning it up, I'm prepared to support this but I have some questions to ask the petitioner and with their not being here I cannot support it until I get my answers. Yeas: Councilwoman Shales. Nays: Councilmen Fox, Gilliam, Moylan, Popple, Walters and Mayor VanDeVoorde. CONSIDERATION OF APPLICATION SI-89 REQUESTING FINAL PLAT APPROVAL Councilwoman Moylan made a motion, seconded by Councilman Walters, to approve Application SI-89 with recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple Shales Walters and Mayor VanDeVoorde. Nays: None. 24 VOLUME LIV ORDINANCE PASSED RECLASSIFYING PROPERTY AT 464 SUMMIT STREET Councilman Gilliam made a motion, seconded by Councilman Fox, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Shales and Walters. Nays: Councilwoman Popple and Mayor VanDeVoorde. Ordinance No. G3-89 AN ORDINANCE RECLASSIFYING PROPERTY AT 464 SUMMIT STREET WHEREAS, written application has been made to reclassify certain property located at 464 Summit Street from 0 Limited Office District to B-I Community Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the 0 Limited Office District and including in the B-I Community Business District, the following described property: Lots I, 2, 3 and 4 (excepting the easterly 52 feet of said Lot 4 measured along the northerly line thereof) of Franklin J. Kramer's Subdivi- sion, in the City of Elgin, Kane County, Illinois." Section 2. That this rezoning shall be conditioned upon the limitation of the subject property to one point of access to Summit Street. The single point of access is to align with the westerly point of access to the parking lot serving the property located at 465 Summit Street. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV 25 Presented: January 25, 1989 Passed: January 25, 1989 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: s/ Nancy �Ro I I Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COLLEGE GREEN UNIT 4 Councilman Walters made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Gilliam. RESOLUTION APPROVING FINAL PLAT FOR COLLEGE GREEN UNIT 4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Donohue dated September 27, 1988 for College Green Unit 4. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25, 1989 Adopted: January 25, 1989 Vote: Yeas 6 Nays I Recorded: Attest: s/ Nanc;-Aoll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COLLEGE GREEN UNIT 5 Councilman Walters made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Gilliam. 26 VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR COLLEGE GREEN UNIT 5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Donohue dated September 29, 1988 for College Green Unit 5. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 25, 1989 Adopted: January 25, 1989 Vote: Yeas 6 Nays I Recorded: Attest: s/ Nancy Doll Nancy Roll, Deputy Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $ 55,546.65 Refuse Charges National League of Cities $ 3,088.00 Membership Dues Criminal Justice Information Authority $ 11,730.00 User Fees for PIMS Gromer's Supermarket $ 10,683.84 Gift Certificates Book Publishing Com. $ 3,537.35 Municipal Code Updates Elgin Courier -News $ 2,873.41 Advertising and Notices Barber -Coleman $ 4,520.00 Temperature Control System Union Oil Company $ 6,414.32 Gasoline for Garage United Diesel Service Co. $ 3,644.13 Sanitation Trucks International Salt $ 25,510.03 Rock Salt DES, Inc. $ 10,238.00 Trout Park Renovations Professional Service Ind. $ 19572.50 Concrete Testing Edward Murray $ 1,565.62 Sidewalk Reimbursement Bruce Daufenbach $ 3,638.22 Residential Rehabilitation Program VOLUME LIV February 8, 1989 38 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 February 8, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Samuel Flora, and the Pledge of Allegiance was led by Councilwoman Shales. ROLL CALL Roll call was answered by Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: Councilman Gilliam.' MINUTES OF THE JANUARY 25, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilwoman Shales to approve the January 25, 1989 Council Minutes. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS The City Manager, Mayor and Council congratulated the Parks and Recreation Staff for having placed second in the 1989 Elgin Expo Booth Award. BID AWARDED FOR POLICE SAFETY SEDANS Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid to the low bidder, Biggers Chevrolet of Elgin, for a total bid price of $116,900.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR IMPROVEMENTS TO THE PUBLIC WORKS BUILDING Councilman Walters made a motion, seconded by Councilwoman Shales to award this bid to the low bidder, Kohler &Sons, Inc. for a total amount of $3,100.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR MOVING CONTRACT FOR THE TRANSPORTATION DEPARTMENT Councilwoman Shales made a motion, seconded by Councilwoman Moylan to award this bid to the low bidder, George W. Noffs Moving & Storage, for a total amount of $3,449.00. Yeas: Councilmen Fox, Moylan, Popple, Shales and Mayor VanDeVoorde. Nays: None. 39 BID AWARDED FOR PARKS EQUIPMENT VOLUME LIV Councilman Fox made a motion, seconded by Councilman Walters to award this bid to the low bidders as follows: To Sunburst Outdoor Furniture for a total amount of $1764.80; To Global Equipment Co., for a total amount of $1823.40. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR WATER PLANT EQUIPMENT Councilman Fox made a motion, seconded by Councilwoman Moylan to award this bid to the low bidder, Aurora Pump, for a total amount of $2,930.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 1-89 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT WITH A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT TO M-1 LIMITED MANUFACTURING DISTRICT WITH A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT BY COBBLERS CROSSING FINE HOMES --- APPROVED Councilwoman Popple made a motion, seconded by Councilman Fox to approve Petition 1-89, subject to the Land Use Committee recommendations. Councilman Walters: I want to be absolutely certain the deeds will definitely state, as they are deeded out, that the parties cannot combine that 100 feet back together and somehow create an M-1 district that will all of a sudden pop up and have something on it. Larry Johannesen: What we are proposing to do is place the deed restriction on the face of the final plat of subdivision, and it will be recorded in that fashion. Mayor VanDeVoorde: Any further discussion. (no response) Clerk will call the roll. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV PETITION 2-89 REQUESTING A B-3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT, PROPERTY LOCATED AT 119 WEST CHICAGO STREET, BY PAUL BERMAN ---- APPROVED 40 Councilman Walters: In going through this I have a couple of problems. One of them is where, if by chance, somebody did own a car where would be the nearest twenty-four hour overnight storage place, I imagine it would have to be a couple of blocks away. Mayor VanDeVoorde: I know that building quite well having been in it on numerous occasions. When it was built it was business on the first floor and the second floor was one living apartment. That apartment has a front entrance that was shared with an apartment to the east and it had an independent exit to the west. Although I applaud the developer and would like to see him proceed, in good conscience I cannot support this without two means of egress from each dwelling unit, or the change back to one dwelling unit with two exits. I understand the Code does not require that, and I think the Code is deficient, I also understand that this is a planned unit development, and the reason it is a planned unit development is because there are special considerations given to the developer to allow him to vary from code standards. As a part of that I believe the City has the right, and indeed an obligation, to insure at least minimum safety. In my opinion if this is going to be done without a change in the exiting, and if it is going to remain in that manner I would have to vote against it. Paul Berman, 119 West Chicago St.: In response to the parking. What I want to do is two one bedroom apartments. One apartment I would take myself, my business is directly across the street. Due to the fact that it is so close to the commuter station and the bus station I don't think we would have a situation where there would be three or four cars generated. I would take one apartment, I am single, the second apartment would be a one bedroom apartment, geared basically for a couple or a single person. I don't think parking would be a problem. The other question is new to me, when I first purchased the building I contacted the City to see what I could do with the building. I think that what I want to do is a definite benefit to the community. I have been watching that building for two years, it has been vacant, it has been abused -- 41 VOLUME LIV Mayor VanDeVoorde: I concur with you on that, and that is not under debate, the point of debate is safety. Mr. Berman: I had a City inspector through the building, I checked as far as the entrances, because frankly I was aware that if you had two apartments we would have to have two entrances:. When I contacted the City I was informed that it is not required, if it is residential one entrance would be sufficient. Secondly, I had two people from the City basically to get an idea of what could be done. It was stated to me that the building is rock solid, a brick building, one hundred years old, but the building structurally is very sound. Mayor VanDeVoorde: The point is there have been people die in this community because there was not a second exit. I fully concur with you that your proposal meets code standards, the only thing I am suggesting that since you are asking for special privileges, I am asking for a special consideration for life safety by providing two exits for each apartment, or limiting this to one apartment, which already has the two exits. Mr. Berman: I do not feel it is economically feasible for one apartment, I do not feel the area would warrant a 1400 square foot apartment. If I have to put a stairway, or a double entrance I am losing so much square footage that again I do not feel it would be viable. Councilman Fox: He has lived up to all the expectations, he has met the Code, I don't think it is fair for us, if you are suggesting that we change the Code, that is something we need to do, but at this point it seems like the Planning Department, and BIS has all looked at this, and I am going to vote for it. I think that what he has in mind is a good idea, and I am going to support it. Councilwoman Moylan: I think this is something that is coming, I think it will bring new vitality to our downtown and I hope to see it expanded in other areas of the downtown. Councilwoman Moylan made a motion, seconded by Councilwoman Shales to approve Petition 2-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, and Walters. Nays: Mayor VanDeVoorde. VOLUME LIV PETITION 3-89 REQUESTING ANNEXATION AND R-2 SINGLE FAMILY RESIDENCE DISTRICT ZONING, PROPERTY LOCATED AT 1513 ERIE STREET, BY PRISCILLA SHAW-------APPROVED 42 Councilwoman Popple made a motion, seconded by Councilman Fox to approve Petition 3-89, subject to the Land Use Committee recommendations. Mayor VanDeVoorde: Discussion (no response) Clerk will call the roll. Yeas: Councilman Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 5-89 REQUESTING AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT ORDINANCE G61-88 IN ORDER TO AMEND THE PRELIMINARY PLAN FOR COBBLERS CROSSING SUBDIVISION, PROPERTY LOCATED NORTH OF SUMMIT, EAST OF WAVERLY DRIVE BY COBBLERS CROSSINNG FINE HOMES TABLED Roger Dahlstrom: This Petition is prompted by proposed amendments to the approved preliminary plat for Units 3, 4 and 5 of the Kimball Hill planned unit development area. This also effects numbers 5,6, and 7 on the Council Agenda. There remains as you can see one unresolved issue, the ownership and maintenance of cul-de-sac streets within Units 4 and 5. As you may recall staff had suggested in review of this Petition initially that the developments is characterized by an excessive number of cul-de-sacs. In fact the final resolution of that matter was mitigated by the private ownership and maintenance of the cul-de-sacs located within Units 4 and 5. Those units were originally proposed as rental units within the entire planned unit development proposal. We have amended the preliminary plat before us that now includes those areas for condominium ownership units and proposes the public ownership and maintenance of the five cul-de-sacs located within Units 4 and 5. In deference to the fact, as you are all aware, the Public Works Department in particular experience difficulties in the winter months because of the number of cul-de-sacs located in the City when removing snow. We along with the Public 43 VOLUME LIV Public Works Department encourage developments to either minimize the number of cul-de-sacs, or commit those cul-de-sacs to private ownership and maintenance when they are included within a planned unit development, where private streets are permitted. Those are essentially the remarks I would like to make. Councilwoman Moylan: To put the Petition on the floor I will move to accept Petition 5-89, subject to the Land Use Committee recommendations. Councilwoman Popple: Second. Councilwoman Popple: The conditions as listed do not include the private ownership of the cul-de-sacs. Mayor VanDeVoorde: They do not. That is the only unresolved issue. Roger, how many cul-de-sacs. Roger Dahlstrom: There are ten within larger planned unit development. Councilman Walters: I would move that we add an additional condition that the cul-de-sacs be under private ownership. Councilwoman Shales: I would like to go on record that I would approve the original motion without Mr. Walter's addition, I tend to agree with the comments that were made in the Land Use Hearing. Instead of making everything conform to what we think it should be, I think we should be a little more creative. I think we can, as a City, meet this hurdle, I like the way it is laid out. I think the cul-de-sacs look as though if no cars are parked there it will not be that difficult. Councilwoman Popple: Since I made the second to approve, I would move to second Councilman Walter's amendment. Mayor VanDeVoorde: Then we should discuss the amendment. Councilwoman Popple: I am supporting this because I live on a cul-de-sac, and I know exactly what people are talking about, and I accept it because I live there, but my neighbors don't, and I would think where you have townhomes they are very conducive to homeowners' associations and they will actually be able to take care of cul-de-sac problems quickly. No criticis to the City staff, but I just think we keep looking at these, and I love to live on a cul-de-sac, but a lot of people just don't appreciate the fact that they are last on the list, and when you have it set up like this, where you can easily VOLUME LIV 44 have a homeowners association, then I think that is how it should be. Larry Johannesen: Unit 2, which is in this area, has already been given final plat approval, and is now up for formal adoption I believe on February 22nd. This are public streets. This area is exactly the same, that would really cause us a problem. How do I say to these people you have public streets and then say to these people you live in exactly the same unit that they are going to be burdened with paying taxes for the services that they will not receive. I think that is a tremendous burden for them to have to carry. In terms of our planned unit development we are bringing something to the City. We have reduced density by 72 units, we have eliminated the apartments, we have introduced two new types of housing into this area that are significantly up scale. One is a two -car attached garage townhome that will be fairly expensive. We feel that what we are doing here is significantly upgrading this area. Mayor VanDeVoorde: It occurs to me this problem is not of this Council's making, its of your making. We, through our staff dealt with you and from the very start voiced their concern about the number of cul-de-sacs, and at least in my mind reluctantly went along with the number of cul-de-sacs because of an agreement and arrangement that was made to share the burden. Now you have changed your position, but then we will be left with that burden that we did not consume in the first place. It almost seems like it might call for going back to step one and redesigning so that we can satisfy everyone. Larry Johannesen: We have already done that. Keep in mind that when they were apartments Kimball Hill was going to own them, Kimball Hill was going to manage them, Kimball Hill would be maintaining those private streets. Councilwoman Popple: Why did you change your mind. Larry Johannesen: Because of the value that we see in this development, the quality of the housing, we have houses that sell well within $200,000. Given what we see happening to the market, the markets that developing for more upscale attached private housing. We felt there was a need for that on the eastside of town. I cannot think of any two -car attached townhomes on the eastside of town. 45 VOLUME LIV Councilman Fox: Two things, you have modified those cul- de-sacs from the original plan so they are wider, bigger, longer than the original ones in the rental section. Mr. Johannesen: What we have done is given a bonifide right of way, the building setbacks were coming right off the back of the curb. Now we have the back curb, a parkway, sidewalk and then the building setback. So we have opened up the entire area, the density has gone down significantly to accomplish this. Councilman Fox: I was taken back by the fact there were not going to be rental apartments. I like that idea because I thought Elgin needs that as part of the City. It was single family homes, it was townhomes condos, rental apartments and it provided for a wide variety of people, and that is what we approved, appaluded and supported, and now all of a sudden there are no rental homes, and we are getting away private cul-de-sacs, and the precedent that we are setting here. We approved a tremendous program and now all of a sudden we are told now we don't want to that anymore, we want to get rid of rental and go to all condos, basically what you are telling us you want to build it, sell it and get out. One of your selling points, and I remember this very clearly, you made the point that you are going to be here, you are making an investment, you are stay here and manage that. You were going to watch and manage it, this was to be top level, and now its sell, and goodby. Not that it is not top quality, but that is just the impression I am getting. I don't like the precedent we are setting. I don't like what we will be telling other developers in the future, go ahead bargain what you can to get what you want and then halfway through you can come and change it to something else. Mr. Johannesen: Our interest is not to sell it and get out. This is in excess of a $100,000,000 project. It is one of the biggest projects that has been done in this community in a long time. We are going to be here for about five years. I am already looking at other pieces of property in the City of Elgin because I think this is are a tremendous community with exceptional great features. Mayor VanDeVoorde: Is there any further discussion on the amendment. Councilman Walters: Even with townhouses you are going to have common ownership so you are still going to have to maintain some type of homeowner's association. VOLUME LIV 46 Mr. Johannesen: Certainly, depending on what happens with the marshland, everybody in here is going to be in an association to take care of the large open space area. Mayor VanDeVoorde: If there is no further discussion on the amendment, will the Clerk call the roll. Yeas: Councilmen Fox, Popple, Walters and Mayor VanDeVoorde. Nays: Councilmen Moylan and Shales. Mayor VanDeVoorde: Now to the original motion, subject to the amendment and recommendations. Yeas: Councilmen Fox, Popple, Walters and Mayor VanDeVoorde. Nays: Councilmen Moylan and Shales. Mr. Johannesen: I was really not prepared for this. I have two areas that are public and two area that are not. I would really like to ask you to reconsider and I might throw this in that might cover the base in terms of what the Department of Public Works is concerned about. I would rather see them be public right of ways and my people be responsible for the snow plowing, that we can handle. When you make them private then you are paying taxes to rebuild those streets, maintain those strees, and I think that is an unfair advantage to place on just these people. Councilwoman Popple: Would there be any reason why we could not support that, our issue has been the snow plowing. If they took care of the snow plowing and left the streets public, that to me is what we have been talking about. Jim Cook: I think it would be much more difficult to explain to a property owner, if it were a public street, why they had to pay for snow plowing a public street than it is to explain why that is a private street and you have to maintain it. They are paying taxes for maintenance, if it is on a public street it includes snow plowing. Our position from the beginning would have been take them all. We negotiated a halfway situation based on what was convenient for them from the standpoint of management. They are now changing how they want to manage it, I don't think that changes where we are. I don't know how in the world a future Council could face somebody, I think it would just be a short matter of time before we would be taking over that maintenance. Mr. Johannesen: We would draft this right into the homeowners declaration, this would be very simple for us to do. That would allow me a way this so these people are all equal and have the same burden to take carry. 47 VOLUME LIV Jim Cook: How are they all equal. Mr. Johannesen: They will all be public streets and I will go back and tell these people, I will take that obligation away from the City, so they will not have to plow these cul- de-sacs either. If I can make it all equal in here doing it that way then its fine. Mayor VanDeVoorde: It might be a good idea to table this for further negotiations. This has been voted on, and the prevailing side would have to bring it up again. Councilwoman Popple: I am not changing our vote and he is not asking you to do this, he is asking us to consider this alternative, the only question is are there any legal reasons that we cannot do it. Maybe we could table it so Corporation Counsel can see what we can work out. If the argument is snowplowing, and we can get that off the board, then I think that will solve the problem. Mr. Johannesen: Just a point of clarification, you have just approved this with three of these units having private streets, one will not have private streets. So I am asking you to change your vote in that regard and I am offering you something in return that I think will solve what I have been hearing. Jim Cook: I would suggest you give us time to look at it legally. It would take a modification of all four sections. Mr. Johannesen: In terms of this area which has already been approved, I don't think it requires any modification on the City's part. My attorney working with the City attorney to review the owner's documents that is all the modification that will be required. Mayor VanDeVoorde: How do we get out of this dilemma. Jim Cook: Someone on the positive side reconsider, if there is a motion to reconsider, then you could make a motion to modify that one condition and change it from private streets to a condition that they would provide evidence that snow removal would be the homeowners responsibility, and before we bring it back in an ordinance, that would give us two weeks for legal to review it. Councilman Fox made a motion to reconsider Petition 5-89. Councilwoman Popple: Second. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 48 Councilwoman Popple: I will make a motion to table this for for two weeks. Councilwoman Moylan: Second. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S2-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLERS CROSSING UNIT #3 TABLED FOR TWO WEEKS Councilwoman Moylan made a motion, seconded by Councilman Walters to table Application S2-89. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S3-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLERS CROSSING UNIT #4 TABLED FOR TWO WEEKS Councilwoman Moylan made a motion, seconded by Councilman Walters to table Application S3-89 for two weeks. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S4-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLERS CROSSING UNIT #5 TABLED FOR TWO WEEKS Councilwoman Moylan made a motion, seconded by Councilman Walters to table Application S4-89 for two weeks. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED AMENDING ORDINANCE NO. G18-88 RECLASSIFYING PROPERTY ON EAST CHICAGO STREET AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT Councilwoman Popple made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Fox. 49 VOLUME LIV Ordinance No. G8-89 AN ORDINANCE AMENDING ORDINANCE NO. G 18-88 RECLASSIFYING PROPERTY ON EAST CHICAGO STREET AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 4 of Ordinance No. G18-88 entitled "An Ordinance Reclassifying Property on East Chicago Street from M-1 Limited Manufacturing District to B-4 General Service District and R-4 General Residence District and M-1 Limited Manufacturing District and Granting a Special Use for a Planned Unit Development" passed March 9, 1988, be and is hereby amended to read as follows: "Section 4. That the special use granted herein shall expire if not established within eighteen months from the date of passage of this ordinance." Section 2. That, except as amended herein, Ordinance No. G18-88 remains in full force and effect. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Passed: February 8, 1989 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF THERMO ANALYTICAL INC. FOR A PRELIMINARY ENVIRONMENTAL PROPERTY TRANSFER AUDIT OF THE WOODRUFF & EDWARDS PROPERTY Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 50 RESOLUTION ACCEPTING THE PROPOSAL OF THERMO ANALYTICAL INC. FOR A PRELIMINARY ENVIRONMENTAL PROPERTY TRANSFER AUDIT OF THE WOODRUFF & EDWARDS PROPERTY 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 Thermo Analytical Inc. for a preliminary environmental property transfer audit of the Woodruff & Edwards property, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 8, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk PETITION 73-88 REQUESTING ANNEXATION AND B-4 GENERAL SERVICE DISTRICT ZONING FOR PROPERTY LOCATED AT 1151 AND 1201 BLUFF CITY BLVD.,AND 825,885 AND 895 GIFFORD ROAD BY THE CITY OF ELGIN -- TABLED Jim Cook: Since this Petition has already been tabled and does not have to come off the table, no motion would be necessary as long as it is understood we would be bringing this back to you on March 8, 1989. 51 VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Fandfill Elgin Proud & Beautiful U.S. Post Office Public Technology Boncosky Oil Co. Union Oil Co. Universal Coach Parts Santo Sports R & N Sporting Goods Sporting Whirl Elgin Paper Co. Neher Electric Allied Asphalt Paving Cincinnati Time Camiros Ltd. $27,640.00 Refuse charges. 3,000.00 Contribution. 2,928.09 Mailing cost "Elgin Spir.. 5,000.00 Membership dues. 5,676.03 Gasoline purchase. 1,649.83 Gasoline purchase. 1,588.90 Misc. bus parts. 5,558.14 Softball equipment. 3,720.00 Softball equipment. 3,753.46 Water treatment chemical:; 1,691.69 Janitorial Supplies. 1,839.12 Electric Div. supplies. 34,540.55 Resurfacing. 3,680.00 Service on parking lot equipment. 1,699.88 Professional services re Kopanski v. City of Elgi.: Elgin Area Historical Society 5,000.00 Old Main kitchen Improver Minnie L. Henyard 71 Summit St. 3,017.52 Residential Rebate Progr Elgin Convention Bureau 28,187.90 Per agreement of 3/9/88. Councilwoman Moylan made a motion, seconded by Councilman Walters to approve the aforesaid payments. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING THE ISSUANCE OF VOUCHER NO. 1 OF MAPLE STREET WATERMAIN SPECIAL ASSESSMENT OF THE CITY OF ELGIN Councilman Fox made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 52 RESOLUTION AUTHORIZING THE ISSUANCE OF VOUCHER NUMBER I OF MAPLE STREET WATERMAIN SPECIAL ASSESSMENT OF THE CITY OF ELGIN WHEREAS, the engineer's first payment estimate in the amount of $32,182.42 has been presented to the City for work completed on the Maple Street Watermain Special Assessment, a copy of said engineer's estimate being attached hereto and made a part hereof; and WHEREAS, the issuance of the following described voucher has been previously approved by the Board of Local Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section I. That the Mayor and Clerk of said City are hereby and herewith authorized to sign and issue the following voucher in the following amount for Maple Street Watermain Special Assessment of the City of Elgin. Voucher No. I in the amount of $32,182.42 to Gluth Bros. Construction, Inc., for construction work. Copy of said voucher being attached hereto and made a part hereof. Section 2. That the Attorney for the City and the Mayor and Clerk are hereby authorized and directed to deliver the voucher to the payee upon said voucher being signed by the Mayor and Clerk for this City. George an eVoor e, Mayor Presented: February 8, 1989 Passed: February 8, 1989 Vote: Yeas 6 "Nays 0 Recorded: Published: Attest: arse Barman, ity Clerk 53 CONSENT AGENDA VOLUME LIV Councilman Walters made a motion, seconded by Councilwoman Moylan to pull items 12 and 7 from the Consent Agenda. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED PROHIBITING TRAPPING WITHIN THE CITY OF ELGIN Councilman Walters made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 54 Ordinance No. G7-89 AN ORDINANCE PROHIBITING TRAPPING WITHIN THE CITY OF ELGIN WHEREAS, the City of Elgin is a home rule unit within the meaning of the Illinois Constitution, 1970; and WHEREAS, the use of traps to capture or kill birds and mammals is a danger to the health and safety of humans and domestic animals; and WHEREAS, the protection of the public health, safety and welfare is a matter pertaining to the government and affairs of the City of Elgin. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 10 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: Chapter 10.62 Trapping 10.62.010 Unlawful acts designated. That it is unlawful for any person, other than an employee of the Elgin Police Department acting in the line of duty, to trap or attempt to trap or aid, abet, assist, facilitate, or otherwise allow another to trap or attempt to trap any bird or mammal within the City of Elgin. "Trap" means to capture, or attempt to capture a bird or mammal by setting or placing a leg hold trap, body gripping trap, spring trap, cage, deadfall, pit/trap, live trap, snare or snare -like device, or other similar device designed or used to capture, hold, or kill. 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. George Van eVoorde, Mayor 55 Presented: February 8, 1989 Passed: February 8, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Ye rman Marie Yearmon, City Clerk VOLUME LIV ORDINANCE PASSED AMENDING THE SPEED LIMIT ON CERTAIN STREETS IN THE CITY OF ELGIN Councilman Walters made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 56 Ordinance No. G6-89 AN ORDINANCE AMENDING THE SPEED LIMIT ON CERTAIN STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 1 1.20.030D of Chapter 11.20 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following: McLean Boulevard between U.S. 20 By-pass and the southerly boundaries, extended, of the Spartan Meadows Golf Course. Section 2. That Section 1 1.20.030E of Chapter 11.20 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following: McLean Boulevard between Bowes Road and the southerly boundaries, extended, of the Spartan Meadows Golf Course. Section 3. That Section 11.20.030E of Chapter 11.20 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: McLean Boulevard between U.S. 20 By-pass and Bowes Road. Section 4. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Passed: February 8, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: +Attest: s/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (Fire STATION #5) Councilman Walters made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 57 VOLUME LIV Ordinance No. S3-89 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (Fire Station #5) WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to construct and maintain a fire station including accessory parking upon certain property; and WHEREAS, in order to construct and maintain said fire station including accessory parking, it is necessary to acquire certain 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 fire station including accessory parking 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 property in the City of Elgin, Cook County, Illinois, hereinafter described, be acquired for the purpose of constructing and maintaining a fire station including accessory parking 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 property, which property is necessary, required and needed for the purpose of con- structing and maintaining a fire station, lying wholly within the limits of the City of Elgin, to -wit: Parce I I : Lot 7 in Block 4 of Hawkins & Sowers Addition to the City of Elgin, a subdivision of part of the Northwest Quarter of the Northwest Quarter of Section 10, Township 41 North, Range 9, Hanover Township, Cook County, Illinois. Parce 1 2: Lot 6 and the westerly half of Lot 5 in Block 4 of Hawkins & Sowers Addition to the City of EElgin, a subdivision of part of the Northwest Quarter of the Northwest Quarter of Section 19, Township 41 North, Range 9, Hanover Township, Cook County, Illinois. 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 property for the purchase of the real property described by the City of Elgin. VOLUME LIC Section 4. That the City Manager following sums as and for compensation to property; said offer shall be in writing: M be and is hereby authorized to offer the the owner or owners of the above -described Parcel as Described Above Authorized Sum Parcel 1 $95,000.00 Parcel 2 $31,000.00 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 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8,1989 Passed: February 8, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Y rman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF CHARLES H. SCHRADER & ASSOCIATES FOR GRANT ASSISTANCE Councilman Walters made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 59 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF CHARLES H. SCHRADER & ASSOCIATES FOR GRANT ASSISTANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Charles H. Schrader & Associates for grant assistance for the Parks and Recreation Department, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 8, 1989 Vote: Yeas 6 Nays p Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GARDEN QUARTER I ASSOCIATION Councilmen Walters made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 60 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GARDEN QUARTER I ASSOCIATION 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 an agreement on behalf of the City of Elgin with Garden Quarter I Association for the enforcement and regulation of parking in designated fire lanes, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 8, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s1 Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF MERCER MEIDINGER HANSEN FOR ACTUARIAL VALUATION OF THE POLICE PENSION FUND Councilman Walters made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 61 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF MERCER MEIDINGER HANSEN FOR ACTUARIAL VALUATION OF THE POLICE PENSION FUND 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 Mercer Meidinger Hansen for an actuarial valuation of the Police Pension Fund, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 8, 1989 Vote: Yeas 6 Nays p Recorded: Attest: s/ Marie Y arman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF MERCER MEIDINGER HANSEN FOR ACTUARIAL VALUATION OF THE FIREFIGHTER'S PENSION FUND Councilman Walters made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV m RESOLUTION ACCEPTING THE PROPOSAL OF MERCER MEIDINGER HANSEN FOR ACTUARIAL VALUATION OF THE FIREFIGHTERS' PENSION FUND 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 Mercer Meidinger Hansen for an actuarial Valuation of the Firefighters' Pension Fund, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 8, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: Marie YAPaman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING DAVID KAPTAIN TO THE FOX RIVER TASK FORCE Councilman Walters made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 63 VOLUME LIV RESOLUTION APPOINTING DAVID KAPTAIN TO THE FOX RIVER TASK FORCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David Kaptain be and is hereby appointed as a member of the Fox River Task Force. eorge VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 8, 1989 Vote: Yeas 6 Nays p Recorded: Attest: s Marie Ye rm tn�"A� Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOER TOWNSEND AND ASSOCIATES, INC. Councilman Walters made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 64 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOER, TOWNSEND & ASSOCIATES, INC. 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 an agreement on behalf of the City of Elgin with the Consoer, Townsend & Associates, Inc. for the design for the renovation and repair of the three Slade Avenue potable water reservoirs, a copy of which is attached hereto and made a part hereof by reference. George Van eVoorde, Mayor Presented: February 8, 1989 Adopted: February 8, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: arie Yea ma n Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilman Walters made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 65 VOLUME LIV Ordinance No. G5-89 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 11.60 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 1 1.60.050P the following: S. Jackson Street. South Jackson Street, from West Chicago Street to South Street. Center Street on the west side thereof southerly from the south line of Slade Avenue a distance of three hundred thirty feet. Section 2. That Title 11, Chapter 11.60 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 11.60.050P the following: S. Jackson Street. South Jackson Street, east side thereof, from South Street to West Chicago Street. Center Street, west side thereof, from Slade Avenue to Lincoln Avenue. 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 pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Passed: February 8, 1989 Vote: Yeas 6 Nays p Recorded: Published: Attest: sr�4a�3e Ywarman Marie Yearman, City Clerk VOLUME LIV 66 AUTHORIZATION TO EXECUTE AMENDMENT TO AGREEMENT WITH SCHOOL DISTRICT U-46 Councilman Walters made a motion, seconded by Councilwoman Shales to authorize the City Manager to execute appropriate agreement with School District U-46 for interpretation of the term "development" as used in the agreement dated July 14, 1988. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING THE PROPOSAL OF AUSTIN McDANIEL CORPORATION FOR AN ADVANCED GEOGRAPHIC INFORMATION SYSTEM TABLED Jim Cook: I would like to have this tabled for two weeks. We received a call this afternoon asking us to consider something from the County. I don't see it changing our recommendation, but I don't want to pass it by without looking at it. Councilwoman Shales made a motion, seconded by Councilwoman Popple to table the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED AMENDING SECTION I OF ORDINANCE NO. G26-85 Councilwoman Moylan: I will make a motion to adopt the above Resolution, subject to the corrections submitted in the Committee of the Whole Meeting. Jim Cook: That would add the City Clerk and Department Heads. Councilwoman Popple: Second. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 67 VOLUME LIV Ordinance No. G9-89 AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. G26-85 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section I of Ordinance No. G26-85 entitled "An Ordinance Amending the Management Group Benefit Program" passed April 8, 1985, be and is hereby amended to read as follows: "Section I. That there is hereby established a benefit program for the Mayor, members of the City Council, the City Clerk, the City Manager and department heads: (1) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with option of officer to continue participation upon retirement at age 55 with payment of premium by retired officer. (2) Life Insurance - $20,000 term group coverage. (3) Physical Exam - $50 annual reimbursement for physical or health maintenance examination." Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Passed: February 8, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie �Yea m� Marie Yearman, City Clerk VOLUME LIV 68 REPORTS RECEIVED AND ORDERED PLACED ON FILE Councilwoman Popple: There is just one comment I would 11ke to make on the Committee of the Whole Minutes on the Shedd's presentation. The minutes are very brief and it appears if you read this that the entire Council was in favor of it. I think there was some concern mentioned, I would hate to mislead anyone that this proposal was accepted and ready for approval. Mayor VanDeVoorde: That is a good point, it was a concept and there were at least three people that were concerned abD-ut the division, and some other concerns about how it is to be developed. Councilman Fox made a motion, seconded by Councilman Walters to place the following reports on file as published. Committee of the Whole Meeting for January 25, 1989. Park and Recreation Board Meeting Minutes for January 20, 1989. Budget Summary dated February 1, 1989. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. • � :��1` rrlils � : y Edward Schock: I would like to speak briefly tonight about a very important issue that warrants consideration. I heard Mrs. Popple mention the proposals that have been written in the paper concerning the foundry site, and the possibility that site would be acquired by the City, that the foundry would be demolished, all of which I think is positive, ':but it is the second half of the scenario that troubles me a great deal. That being, we would then give consideration to allowing Shedd's to expand their operation and consolidate their operation on approximately two-thirds of the property _for the purpose of expanding their business. If that indeed is the case and plan, I think it is a disservice to the residents of Elgin. I think it ius contrary to existing Council policy and it would a tragedy that future generations would have to bear. The Comprehens:-,i�e Plan is unmistakely clear that the citizens of Elgin ;des:iwe the riverfront to be returned to the public. Elgin �..s one of the few and last communities to recognize the value -Df the :r_iverfront, and Moi VOLUME LIV desire to have the river available and accessible to the public. Our riverfront is developed almost completely from one end to the other of Elgin corporate boundaries. I would urge you to go slowly, to invite the public to participate in the discussions, because when it comes down to it we are really talking about public property. Mayor VanDeVoorde: Thank you Mr. Schock. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forth coming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Walters to adjourn to Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 9:20 p.m. Marie Yearman, City Clerk VOLUME LIV February 22, 1989 70 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 February 22, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Eugene Carter and the Pledge of Allegiance was led by Councilman Walters. ROLL CALL Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE FEBRUARY 8, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilwoman Popple to approve the February 8, 1989 Council Minutes. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS The Mayor and Council extended a welcome to Boy Scout No. ill. BID AWARDED FOR AMBULANCE Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid to the low bidder, Bridgers Coach Company, for a total amount of $53,566. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR INTERIOR PAINTING IN THE SPARTAN MEADOWS CLUBHOUSE Councilman Fox made a motion, seconded by Councilman Gilliam to award this bid to the low bidder, Ron Baker Painting, for a total amount of $2,540. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PORTABLE WELDER Councilwoman Shales made a motion, seconded by Councilman Fox to award this bid to the low bidder, Waukegan Welding Supply Company, for a total amount of $2,033.07. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 71 VOLUME LIV BID AWARDED FOR COMPUTER EQUIPMENT Councilman Walters made a motion, seconded by Councilman Fox to award this bid to the low bidders, IBM Corporation for a total amount of $4,939.05 and Computerland of West Dundee, for a total amount of $1,305.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR ENVELOPES Councilwoman Moylan made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, Illinois Envelope Company, for a total amount of $1629.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR THREE OVERHEAD DOOR OPERATORS FOR PUBLIC WORKS Councilman Walters made a motion, seconded by Councilman Fox to award this bid to the low bidder, C & M Overhead Door Company, for a total amount of $1,937.46. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED APPROVING PRELIMINARY PLAN FOR COBBLER'S CROSSING Councilwoman Shales made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 72 RESOLUTION APPROVING PRELIMINARY PLAN FOR COBBLER'S CROSSING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plan prepared by Jen Land Design dated November 23, 1988 and revised February I, 1989 for Cobbler's Crossing. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: M► Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NO. G61-88 RECLASSIFYING PROPERTY LOCATED NORTH OF SUMMIT STREET, EAST OF WAVERLY DRIVE, AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT Councilman Fox: I will make a motion to approve the amended Ordinance, subject to all cul-de-sacs being publicly owned, with the stipulation that the developer contribute a $25,000 cash contribution to go towards Public Works snow plowing equipment. Councilwoman Moylan: Second. Councilman Walters: I will vote no on this matter only because of that additional stipulation. I do approve of the planned unit development and think it is an excellent project for the City of Elgin, but I do wish to uphold the City Manager's original recommendation. Mayor VanDeVoorde: If there is no further discussion, will the Clerk call the roll. Yeas: Councilmen Fox, Moylan, Popple and Shales. Nays: Councilmen Gilliam, Walters and Mayor VanDeVoorde. 73 VOLUME LIV Ordinance No. G 1 1-89 AN ORDINANCE AMENDING ORDINANCE NO. G61-88 RECLASSIFYING PROPERTY LOCATED NORTH OF SUMMIT STREET, EAST OF WAVERLY DRIVE, AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 2 of Ordinance No. G61-88 entitled "An Ordinance Reclassifying Property Located North of Summit Street, East of Waverly Drive, and Granting a Special Use for a Planned Unit Development" passed August 10, 1988, be and is hereby amended to read as follows: "Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a residential planned unit development, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: I. Substantial conformance to the preliminary plan prepared by Jen Land Design dated November 23, 1988 and revised February I, 1989. 2. Payment of the balance due for school and park site cash contributions from Cobbler's Crossing Subdivision. Payment of the balance due in two installments, payable at one year intervals from the date of the first installment (November 16, 1988). The second and third installments shall be secured through an irrevocable letter of credit in favor of the city. The amount of second and third installments shall be adjusted for the installment term at the city's prevailing borrowing rate at the time of the first payment. sacs. 3. Contribution of $25,000 to defray cost of snow plowing cul-de- 4. Compliance with all other applicable codes and ordinances." Section 2. That, except as amended herein, Ordinance No. G61-88 remains in full force and effect. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 4 Nays 3 Recorded: Published: Attest: s/ Marie Yearm Marie Yearman, City Clerk 74 APPLICATION S2-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLER'S CROSSING FINE HOMES APPROVED Councilwoman Moylan made a motion, seconded by Councilman Walters to approve Application S2-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 2 Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 75 VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Malloy & Associates, Ltd. dated January 31, 1989 and amended February 7, 1989 for Cobbler's Crossing Unit 2. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays 1 Recorded: Attest: sl Marie VP rman Marie Yearman, City Clerk VOLUME LIV 76 RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Malloy & Associates, Ltd. dated February 7, 1989 for Cobbler's Crossing Unit 3. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays p Recorded: Attest: _s/ Marie Yearman Marie Yearman, City Clerk APPLICATION S3-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLER'S CROSSING UNIT 3 -- APPROVED Councilman Fox made a motion, seconded by Councilwoman Popple to approve Application S3-89. Yeas: Councilman Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 3 CCouncilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 77 VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Malloy & Associates, Ltd. dated February 7, 1989 for Cobbler's Crossing Unit 4. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s Marie Yearman Marie Yearman, City Clerk APPLICATION S4-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLER'S CROSSING UNIT APPROVAL Councilwoman Moylan made a motion, seconded by Councilwoman Popple to approve Application S4-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COBBLER's CROSSING UNIT Councilwoman Popple made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 78 APPLICATION S4-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLER'S CROSSING UNIT 5 APPROVED Councilwoman Moylan made a motion, seconded by Councilwoman Popple to approve Application S4-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COBBLERS CROSSING UNIT 5 Councilwoman Popple made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 79 VOLUME LIV RESOLUTK APPROVING FINAL PLAT FOR CQF0i1-E-FPSCROSSING UNIT 5 BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat preparedby Edward J. Malloy & Associates, Ltd. dated February 7, 1989 for Cobbler's Crossing Umit 5. S/ Georae VanDeVoorde George VanDeVoorde, Mayor Presented: February 8, 1989 Adopted: February 22, 1989 Vote: Yeas Nays Recorded: Attest: G / Marie Ye%rman Marie Yearman, City Clerk PETITION 69-88 REQUESTING ANNEXATION AND R-2 SINGLE FAMILY RESIDENCE DISTRICT ZONING, PROPERTY LOCATED AT THE NORTHEAST CORNER OF HAWTHORNE STREET AND SOUTH STREET - APPROVED Councilman Walters made a motion, seconded by Councilwoman Moylan to approve Petition 69-88. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 80 PETITION 85-88 REQUESTING ANNEXATION AND R-3 TWO FAMILY RESIDENCE DISTRICT ZONING, REZONING FROM R-4 GENERAL RESIDENCE DISTRICT TO R-3 TWO FAMILY RESIDENCE DISTRICT DISTRICT, AND PRELIMI- NARY PLAN APPROVAL FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS COUNTRY BROOK, PROPERTY LOCATED SOUTH OF BODE ROAD BY U.S. SHELTER -- TABLED Councilwoman Popple made a motion, seconded by Councilman Walters to table Petition 85-88 until the March 8, 1989 Council Meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION B-3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR A PLANNED UNIT DEVELOP- MENT AT 820 DUNDEE AVENUE - APPROVED Councilwoman Shales made a motion, seconded by Councilman Fox to approve the aforementioned Petiton, subject to the Land Use Committee's recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (119 West Chicago Street) Councilwoman Moylan made a motion, seconded by Councilman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales and Walters. Nays: Mayor VanDeVoorde. 81 VOLUME LIV Ordinance No. G10-89 AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (1 19 West Chicago Street) WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a planned unit development at 119 West Chicago Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a planned unit development at 119 West Chicago Street, Elgin, Illinois, legally described as follows: That part of Lot 9 of Block 22 of the original town of Elgin, as laid out by William C. Kimball and described as follows: Commencing at the northwest corner of said lot; thence easterly along the north line thereof 25 feet and 8 inches; thence southerly 66 feet to the south line of said lot; thence westerly along said south line 26 feet to the southwest corner thereof; thence northerly along west line of said lot 66 feet to the point of beginning, in the City of Elgin, Kane County, Illinois (said property is commonly known as 119 West Chicago Street. be and is hereby granted subject to the following conditions: I. Substantial conformance to the P.U.D. Floor Plan, dated November 18, 1988. 2. Second floor occupancy shall be limited to a minimum 350 square feet of gross floor area per person residing in each dwelling unit. 3. Payment of a park site cash contribution in the amount of $270.42. 4. All nonconforming signs shall be removed prior to the issuance of an occupancy permit. 5. Compliance with all other applicable codes and ordinances. VOLUME LIV Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s f ,enrap VanDRVnnr8A George VanDeVoorde, Mayor Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s Marie Y rman Marie Yearman, City Clerk 83 VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Washington National Insurance. Woodland Landfill Elgin Courier News Public Personnel D.H. Martin Petroleum Union Oil Co. $152,946.49 27,280.00 R.C. Hanchette International Salt Co. Elgin Sanitary District Crescent Electric Elgin Public Museum Greater Elgin Area Musicians Assoc. Long Elevator Eastman Kodak Co. Gromer's Supermarket Roger L. and Charlotte Quandt Hines Electric Bruce Daufenbach 630 Congress Barbara Cosman 1,775.61 5,600.00 5,726.25 1,597.92 5,576.30 10,543.22 1,560.00 2,379.17 3,600.00 Annual premiums. January refuse charge. January advertising. Police testing. Gasoline purchase. Diesel Fuel purchase. Premium Audit Adjustment. Rock Salt purchase. Laboratory Testing. Supplies & Equipment. 1989 Funding level. 2,500.00 1989 Summer Concerts. 6,827.20 Annual maintenance. 2,967.27 MaintenanceService. 2,136.60 Christmas certificates. Big Timber Right-of-way 1,775.00 purchase. 1,848.00 Electrical at CENC/355 Dundee 1,250.00 Residential Rebate Program 638 Bent St. 3,492.50 Residential Rebate Program Councilman Walters made a motion, seconded by Councilwoman Popple to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV ORDINANCE PASSED RECLASSIFYING PROPERTY NORTH OF CONGDON AVENUE AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 85 VOLUME LIV Ordinance No. G16-89 AN ORDINANCE RECLASSIFYING PROPERTY NORTH OF CONGDON AVENUE AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT WHEREAS, written application has been made to reclassify certain property located North of Congdon Avenue from R-2 Single Family Residence District to M-1 Limited Manufacturing District and for a special use for a planned unit development; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for a planned unit development be granted; and 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 same 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 excluding from R-2 Single Family Residence District and including in the M-1 Limited Manufacturing District the following described property: That part of Section 6, Township 41 North Range 9, East of the Third Principal Meridian, described as follows: Commencing at a point on the north line of said Section 6, being also the north line of Hanover Township, said point being 855 feet west from the northeast corner of said Section 6; thence south 3 degrees 38 minutes 39 seconds west (deed south 3 degrees 38 minutes west) along the west line of the Assessor's Division, 3783.5 feet more or less to the original northerly line of Shoe Factory Road (being a road with a 100 foot right-of-way); thence north 86 degrees 34 minutes 53 seconds west along said northerly right-of-way line 71 feet; thence north 3 degrees 38 minutes 39 seconds east (deed north 3 degrees 38 minutes east) along a line 71 feet west of and parallel with said west line of Assessor's Division, 3109.01 feet; thence north 89 degrees 51 minutes 4 seconds west (deed north 89 degrees 51 minutes 43 seconds west), 109.19 feet to a point for a place of beginning; thence south 0 degrees 9 minutes 49 seconds west (deed south 0 degrees 39 minutes 10 seconds west), 886.98 feet; thence north 89 degrees 51 minutes 4 seconds west, 100 feet; thence north 0 degrees 9 minutes 49 seconds east, 886.98 feet; thence south 89 degrees 51 minutes 4 seconds east, 100 feet, to the place of beginning, in the City of Elgin, Cook County, Illinois, and containing 88,698 square feet or 2.036 acres (said property is located south of the Northwest Tollway, east of Blackhawk Manor Subdivision)." VOLUME LIV E;% Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a planned unit development, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: I. Use of the subject property shall be limited to use customarily accessory to residential uses, and shall not include the principal structure on any individual parcel. 2. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1513 Erie Street) Councilman Walters made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 87 VOLUME LIV Ordinance No. S5-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1513 Erie Street) 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: Lots I, 2, and 3 in Map No. 2, Fox River Hills, according to the plat thereof recorded November 9, 1944 in Book 28 of Plats, page 30, as Docu- ment No. 522770, in the Township of Elgin, Kane County, Illinois (except that part of said lots lying within the right of way of U.S. 20 Bypass), and also that part of Belmont Street lying between the North and South lines of above described property extended Westerly, in Kane County, Illinois. Section 2. That a certified copy of this ordinance together with an 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 is passage as provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Ye an Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (1513 Erie St. Councilman Walters made a motion, seconded by Councilwoman Moylan to pass to the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 89 VOLUME LIV Ordinance No. G15-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (1513 Erie Street) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-2 Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 same 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 R-2 Single Family Residence District, the following described property: Lots I, 2, and 3 in Map No. 2, Fox River Hills, according to the plat thereof recorded November 9, 1944 in Book 28 of Plats, page 30, as Docu- ment No. 522770, in the Township of Elgin, Kane County, Illinois (except that part of said lots lying within the right of way of U.S. 20 Bypass), and also that part of Belmont Street lying between the North and South lines of above described property extended Westerly, in Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 7 Nays p Recorded: Published: Attest: s Marie Yeakan Marie Yearman, City Clerk we, ORDINANCE PASSED AMENDING CHAPTER 3.28 ENTITLED GREATER DOWNTOWN ELGIN COMMISSION OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED Councilman Walters made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 91 Ordinance No. G14-89 AN ORDINANCE AMENDING CHAPTER 3.28 ENTITLED GREATER DOWNTOWN ELGIN COMMISSION OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 3.28, Section 3.28.010 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 113.28.010 Created. There is created the greater downtown Elgin commission for the purpose of advising and recommending to the city council policy guidelines for the development and promotion of the central business district as defined by the official central business district plan of the city." Section 2. That Chapter 3.28, Section 3.23.020 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 113.28.020 Members --Appointment. The commission shall consist of nine members to be appointed by the city council. One commissioner shall be an owner or representative of an owner of real property in the central business district; two commissioners shall be businessmen or merchants doing business in the central business district; one commissioner shall be a consumers' representative chosen at large from the city; one commissioner shall be a representative of the Elgin Area Chamber of Commerce; one commissioner shall be a representative of the Elgin Community College; three commissioners shall be recognized community leaders without a direct pecuniary or property interest in the central business district; and the following persons shall be ex officio members of the commission: a member of the city council, the executive director of the Elgin Area Chamber of Commerce, and such members of the staff to be designated by the city manager. Any such staff designated and appointed to the commission shall be nonvoting members of the commission." Section 3. That Chapter 3.28, Section 3.28.060 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 113.28.060 Powers and Duties. The commission shall have the following powers and duties, in addi- tion to any other which may be granted by the city council: A. To develop and recommend to the city council policy guidelines for the development of the central business district through the promotion of economic development activities. B. To recommend to the city council an annual budget for the operation of the commission. VOLUME LIV 92 C. To advise and recommend appropriate action by the city council concerning the implementation of the central business district plan. D. To review and approve permit applications for use by vendors to promote recreational, cultural and special activities in the Central Business District." Section 4. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 7 Nays p Recorded: Published: Attest: _�,! Marie Yrman___ Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ARCHITECTURAL AGREEMENT WITH BURNIDGE CASSELL AND ASSOCIATES, P. C. Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 93 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN ARCHITECTURAL AGREEMENT WITH BURNIDGE, CASSELL AND ASSOCIATES, P.C. 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 an architectural agreement on behalf of the City of Elgin with Burnidge, Cassell and Associates, P.C. for architectural services for 205 N. Gifford Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22,1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: FA r'-A S / Ma1A ArmAn Marie Yearman, City Clerk ORDINANCE PASSED AMENDING RATES OF PAY FOR WATER METER READERS Councilman Walters made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV, 94 Ordinance No. G13-89 AN ORDINANCE AMENDING RATES OF PAY FOR WATER METER READERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the following rates of pay be and are hereby established for the position of water meter reader: Type of Meter Read Rate Postcards Left $0.15 Remotes $0.15 Inside Actual $0.40 Verify Remote $0.58 Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Y rman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING DESIGNATION OF SNOW EMERGENCY ROUTES Councilman Walters made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 95 VOLUME LIV Ordinance No. G12-89 AN ORDINANCE AMENDING THE DESIGNATION OF SNOW EMERGENCY ROUTES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 1 1.60.090A of Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the list of snow emergency routes the following: STREET FROM TO Channing Street East Chicago Street Laurel Street Section 2. That Section 1 1.60.090A of Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding to the list of snow emergency routes the following: STREET FROM TO Channing Street East Chicago Street Villa 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: 1�x s/ Marie Yearma Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE A PORTION OF ROUTES 20,19,58,31 AND 25 FOR VALLEY FOX TROT Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE A PORTION OF ROUTES 20, 19, 58, 31 AND 25 FOR VALLEY FOX TROT WHEREAS, the City of Elgin has applied for and received permission from this Council to stage the "Valley Fox Trot", a ten (10) mile marathon race within the city limits of Elgin, on Monday, May 29, 1989 , from 7:00 a.m. until 12:00 noon, conditioned upon securing permission from the Illinois Department of Transportation to close portions of State Routes 20, 19, 58, 31 and 25 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes. It is further agreed that an efficient, all weather detours will be maintained and conspicuously marked for the benefit of traffic deviated from the state routes. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie arman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING THE 1989 SCAVENGER LICENSES Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 97 VOLUME LIV RESOLUTION APPROVING 1989 SCAVENGER LICENSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that 1989 scavenger licenses be and are hereby approved for the following applicants: ARC Disposal, Inc. Laidlaw Waste Systems Joe Billups Monarch Disposal Browning Ferris Industries Willow Lake Estates Richard Schreiber Ray Schreiber Wayne Disposal s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Marie Yearman, City Clerk ORDINANCE PASSED VACATING A PUBLIC ALLEY Councilman Walters made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 98 Ordinance No. S4-89 AN ORDINANCE VACATING A PUBLIC ALLEY WHEREAS, the public interest will be served by vacating a public alley in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and WHEREAS, said property is not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That a public alley in the City of Elgin, Kane County, Illinois, legally described as follows: Part of an alley in part of J.T. Gifford's Addition and F. L. McClure's Subdivision, in the City of Elgin, described as follows: Beginning at the Northwest corner of Lot 3 in said F.L. McClure's Subdivision; thence Northerly along the West line of said Lot 3 extended Northerly a distance of 12.0 feet to the Southwest corner of Lot I of said subdivision; thence Easterly along the South lines of said Lot I and Lot 2 of said subdivision and vacated alley by Document No. 1098511, a distance of 126.62 feet to a point in the West line of Lot 2 in J.T. Gifford's Addition; thence Southerly along said West line a distance of 33.98 feet to the Southwest corner of Lot 2 in said subdivision; thence Westerly along the North line of Lot 7 in said subdivision, a distance of 15.0 feet to the East line of Lot 3 in said F.L. McClure's Subdivision; thence Northerly to the Northeast corner of said Lot 3, a distance of 21.98 feet; thence Westerly along the North line of said Lot 3, a distance of 111.62 feet to the point of beginning, being situated in the City of Elgin, Kane County, Illinois. be and the same is hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. sl George VanDeVoord George VanDe oor e, Mayor a] Presented: February 22, 1989 Passed: February 22, 1989 Vote: Yeas 7 Nays p Recorded: Published: Attest: s/ Marie Ye rman Marie Yearman, City Clerk VOLUME LIV RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT WITH WOODRUFF AND EDWARDS Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT WITH WOODRUFF & EDWARDS, INC. 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 Real Estate Sales Contract on behalf of the City of Elgin with Woodruff & Edward, Inc. for the property commonly known as 119 N. State Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. George Van eVoorde, Mayor Presented: February 22, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Maria Farman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A DEED FROM CMD ELGIN ASSOCIATES FOR A WATER TOWER SITE Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 101 VOLUME LIV RESOLUTION ACCEPTING A DEED FROM CMD ELGIN ASSOCIATES FOR A WATER TOWER SITE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the warranty deed of CMD Elgin Associates to the City of Elgin of the property described in Exhibit A, attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to record the warranty deed herein described in the office of the Recorder of Deeds for the County of Kane. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s Marie Y�rman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING AN EASEMENT AGREEMENT Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION ACCEPTING AN EASEMENT AGREEMENT 102 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 an Easement Agreement for ingress and egress to and from the water tower site and for installation and maintenance of necessary underground utilities from CMD Elgin Associates. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Agreement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Adopted: Febru 22, 1989 Vote: Yeas 7layys 0 Recorded: Attest: Marie Barman, ity Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A CERTIFICATE OF ABROGATION OF UTILITY ACCESS EASEMENT Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 103 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A CERTIFICATE OF ABROGATION OF UTILITY ACCESS EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute a Certificate of Abrogation of Utility Access Easement on behalf of the City of Elgin for property located in the Westfield Business Park, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Adopted: February 22, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: �/ Maria arman Marie Yearman, City Clerk VOLUME LIV 104 REPORTS RECEIVED AND ORDERED PLACED ON FILE Public Works Report for January, 1989 Water Department Report for January, 1989 Building Permit Report for January, 1989 Greater Downtown Elgin Commission Minutes for December 1, 1988 Metropolitan Exposition Auditorium and Office Building Authority Minutes for October 10, 1988 Heritage Commission Minutes for January 9, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forth coming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Fox to adjourn the Council Meeting to return to the Committee of the Whole Meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 8:30 p.m. Marie Yearma , City Clerk VOLUME LIV March 8, 1989 105 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois was held on March 8, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Councilwoman Moylan, and the Pledge of Allegiance was led by Councilman Fox. unr.r. rnr.r. Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE FEBRUARY 22, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilwoman Popple to approve the February 22, 1989 Council Minutes. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR DUMP TRUCKS Councilman Walters made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, Biggers Chevrolet, Inc., for a total amount of $83,117.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR POLICE SEDANS Councilman Fox made a motion, seconded by Councilwoman Moylan to award this bid to the low bidder, Elmwood Ford, a total amount of $40,178.10. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR FIRE DEPARTMENT EQUIPMENT Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to: GFE Inc., for a total amount of $8028.00 for thirty minute air masks and aluminum oxygen tanks, and Great Lakes Fire and Safety Co., for a total amount of $1735.40 for various brass goods. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 106 VOLUME LIV BID AWARDED FOR TURF MAINTENANCE SilPPT.TF..q Councilman Walters made a motion, seconded by Councilwoman Shales to award this bid to the low bidders: Schuh Inc., for a total amount of $2520.00, Lake Cook Farm Supply, for a total amount of $6384.45, Turf Products, for a total amount of $1454.52, and Arthur Clesen, Inc., for a total amount of $3087.25. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR CEMETERY MOWER Councilwoman Moylan made a motion, seconded by Councilman Gilliam to award this bid to the low bidder, Rowland's Equipment, Inc., for a total amount of $2444.56. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR AREA K SOIL BORING Councilwoman Popple made a motion, seconded by Councilwoman Shales to award this bid to the low bidder, Soil and Material Consultants, Inc., for a total amount of $1459.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 73-88 REQUESTING ANNEXATION AND B-4 GENERAL SERVICE DISTRICT ZONING, PROPERTY LOCATED AT 1151 and 1201 BLUFF CITY BLVD., AND 825,885 AND 895 GIFFORD ROAD, BY THE CITY OF ELGIN - TABLED Councilwoman Popple made a motion, seconded by Councilwoman Shales to table Petition 73-88. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 85-88 REQUESTING ANNEXATION AND R-3 TWO FAMILY RESIDENCE DISTRICT ZONING, REZONING FROM R-4 GENERAL RESIDENCE DISTRICT TO R-3 TWO FAMILY RESIDENCE DISTRICT, AND PRELIMINARY PLAN APPROVAL FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS COUNTRY BROOK U.S. SHELTER, INC.- APPROVED Councilwoman Popple Made a motion, seconded by Councilman Gilliam to remove Petition 85-88 from the table. Yeas: Councilmen Fox, VOLUME LIV 107 Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilwoman Shales to approve Petition 85-88, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Councilwoman Popple: I would like to make one comment. This motion was on the zoning only. One thing I would like the Council to consider would be the fact that we have been approving subdivisions without sidewalks, and in looking at those throughout the City, I really think we ought to reconsider this. I think sidewalks add to the safety and to the aesthetic value of a neighborhood, and I would really like to see us re -address that. PETITION 6-89 REQUESTING AMENDMENTS AND/OR ADDITIONS TO THE ELGIN MUNICIPAL CODE: SECTIONS 19.06.090(B), 19.54.010 and 19.54.020 REGARDING PERMITTED OBSTRUCTIONS IN REQUIRED FRONT YARDS, LOCATION OF OFF-STREET PARKING SPACES, DESIGNATED FEES AND HEARING RECORDING FEES, BY THE CITY OF ELGIN - APPROVED Councilman Walters made a motion, seconded by Councilwoman Popple to approve Petition 6-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 8-89 REQUESTING A REZONING FROM B-4 GENERAL SERVICE DISTRICT TO M-1 LIMITED MANUFACTURING DISTRICT, PROPERTY LOCATED AT 640-659 VARSITY DRIVE --- APPROVED Councilwoman Shales: I hesitate to change it to the M-1 Limited Manufacturing District for some of the same reasons that were discussed in the Land Use Committe hearing. I can see that when we change, and if we do adopt the CI classification, that this would be an ideal use in the CI classification. I don't know how we could insure that would in fact go to that type of classification so that it would not become a heavier industrial use at some point in the future. Mayor VanDeVoorde: It is my opinion that if it is zoned M- 1 it could use any of the zoning uses. Councilwoman Moylan: Is there any way to put that as one of the requirements that when the map is drawn, after the new zoning ordinance is passed, that it can be -- 108 VOLUME LIV Jim Cook: You will have to consider the zoning application at the time you have an ordinance to refer it to. In the meantime it will be M-1, and if there is a conflict within the provisions of M-1 and the new zoning, if it has any uses that are under M-1 that don't become eligible under the new zoning, it will be a legal nonconforming situation. Councilwoman Popple: I have some of the same concerns about zoning this M-1. Besides the M-1 zoning, what disturbs me is the residental use that would continue. I think that if we were to consider this that house should be torn down. I don't see that we need to have residential use for security people. Councilman Walters: I would concur with a portion of Councilwoman Popple's argument and that is concerning house. It does not meet the requirements of 100 feet away, and I would be concerned what that could possibly mean in terms of anyone else that might have that same king of argument. I would like to see the house taken away. Mayor VanDeVoorde: Can we again ask Mr. Chi what the house use is going to be. Mr. Chi: Use it for security for twenty-four hour watch. Mayor VanDeVoorde: The security guard would live there. Mr. Chi: Yes. Councilwoman Popple: Would you be willing to remove the house. Mr. Chi: May use if for office space. Councilwoman Popple: It could be used as office to support the business. Tom Armstrong: I don't know that it would be economical feasible to improve it to building code requirements. The Inspection Department would have to determine what kind of upgrades would be required. Ken Miles: What would be the objection to having it be a residence. and continue to use it as a residence. Mayor VanDeVoorde: It is legal nonconforming now, and the Council is concerned about having dwelling units in close proximity to manufacturing buildings. It is not good zoning, it is bad precedent in their opinion. Jim Cook: I would point out to Council that if you cannot make that a condition, it is not an appropriate item to -- VOLUME LIV Councilman Fox: If this were approved with the house, at some time in the future could that house then be sold as a residential unit to someone else that has nothing to do with the business. Jim Cook: It would have to be able to be subdivided, it would have to meet subdivision regulations, which would mean it would have to be able to have lot sizes and access and all the rest of it. I don't think anybody could say yes or no, I think it would be difficult. Councilwoman Shales made a motion seconded by Councilwoman Moylan to approve Petition 8-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. PETITION 9-89 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO B-3 SERVICE BUSINESS DISTRICT, PROPERTY LOCATED AT THE NORTH- WEST CORNER OF AIRLITE STREET AND FOOTHILL ROAD APPROVED Councilwoman Moylan made a motion, seconded by Councilman Gilliam, to approve- Petition 9-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED EXPRESSING APPRECIATION TO THE COMPOSER AND MUSICIANS OF HIAWATHA Councilwoman Moylan made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 110 VOLUME LIV RESOLUTION EXPRESSING APPRECIATION TO THE COMPOSER AND MUSICIANS OF HIAWATHA WHEREAS, Robert Hanson, Music Director of the Elgin Choral Union and Elgin Symphony Orchestra, has composed a major musical work entitled Hiawatha; and WHEREAS, the Elgin Symphony Orchestra, Elgin Choral Union and Elgin Children's Chorus will perform this significant new piece of music under the direction of Robert Hansen on March 12, 1989 at the Hemmens Auditorium. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to Robert Hanson, Music Director of the Elgin Choral Union and Elgin Symphony Orchestra, the Elgin Symphony Orchestra, Elgin Choral Union and Elgin Children's Chorus for the composition and performance of the major musical work Hiawatha. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Adopted: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: ct�.,cAJ s/ Marie Ye =man Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2180 South St.) Councilwoman Popple made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV Ordinance No. S6-89 ill AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2180 South Street) 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: The South Half of the South Half of Lot 3 in Block 6 of Walter G. McIntosh and Cols. Fox River Acres, being a subdivision of part of Sec- tions 16 and 21, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plot thereof recorded in the Recorder's Office of Kane County, Illinois on December 28, 1925 as Document No. 266401, except the North 72.00 feet of the West 150.00 feet thereof; ALSO That part of the right of way of Hawthorne Street bounded on the North by the South Line, extended Westerly, of the North 72.00 feet of the South Half of the South Half of aforesaid Lot 3 and bounded on the South by the South Line, extended Westerly, of said Lot 3; ALSO That part of the North Half of the right of way of South Street bounded on the East by the East Line, extended Southerly, of aforesaid Lot 3 and bounded on the West by the West right of way line, extended Southerly, of Hawthorne Street. All the above being situated in Elgin Township, Kane County, Illinois. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. 112 VOLUME LIV Section 3. That this ordinance shall be in full force and effect from and after is passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Passed: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: aaAiLA s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (2180 South Street) Councilwoman Popple made a motion, seconded by Councilan Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 113 Ordinance No. G17-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (2180 South Street) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-2 Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 R-2 Single Family Residence District, the following described property: The South Half of the South Half of Lot 3 in Block 6 of Walter G. McIntosh and Cols. Fox River Acres, being a subdivision of part of Sec- tions 16 and 21, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded in the Recorder's Office of Kane County, Illinois on December 28, 1925 as Document No. 266401, except the North 72.00 feet of the West 150.00 feet thereof; ALSO That part of the right of way of Hawthorne Street bounded on the North by the South Line, extended Westerly, of the North 72.00 feet of the South Half of the South Half of aforesaid Lot 3 and bounded on the South by the South Line, extended Westerly, of said Lot 3; ALSO That part of the North Half of the right of way of South Street bounded on the East by the East Line, extended Southerly, of aforesaid Lot 3 and bounded on the West by the West right of way line, extended Southerly, of Hawthorne Street. All the above being situated in Elgin Township, Kane County, Illinois." 114 VOLUME LIV Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Passed: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Maria Y _&man Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (820 Dundee) Councilwoman Popple made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 115 Ordinance No. G18-89 AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (820 Dundee Avenue) WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a commercial/residential planned unit development at 820 Dundee Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a commercial/residential planned unit develop- ment at 820 Dundee Avenue, Elgin, Illinois, legally described as follows: Lot 9 in Block 9 of Grandview Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. The residential use of the subject property shall be limited to one dwelling unit on the second floor of the existing structure, with first floor use limited to enclosed parking accessory to the second floor residence and/or permitted uses in the underlying zoning classification. 2. Second floor occupancy shall be limited to a minimum 350 square feet of gross floor area per person residing in the dwelling unit. 3. Payment of a park site cash contribution in the amount of $135.21. Payment due prior to the adoption of an ordinance granting the special use. 4. Eliminate the points of access to Dundee Avenue prior to issuance of a final occupancy permit. 5. Submission and approval of a site plan indicating the following: a. Elimination of the points of access to Dundee Avenue. b. Existing and proposed landscaping. 116 VOLUME LIV 6. Community graphics shall be limited to one freestanding sign and signs permitted in windows or on awnings. The freestanding sign shall be a maximum eight feet in height and 15 square feet in area, and setback a minimum 15 feet from any public right of way. 7. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Passed: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: �Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT (355 Dundee) Councilwoman Popple made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 117 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT (355 Dundee Avenue) 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 a written lease agreement with the Central Elgin Neighborhood Council for the premises commonly known as 355 Dundee Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Adopted: March 8, 1989 Vote: Yeas 7 Nayso Recorded: Attest: s/ Mar�eYman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NOS. 1 AND 2 IN THE CONTRACT WITH DECONA CONSTRUCTION CO., INC. FOR 355 DUNDEE AVE. Councilwoman Popple made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 118 VOLUME LIV RESOLUTION APPROVING CHANGE ORDER NOS. I AND 2 IN THE CONTRACT WITH DECONA CONSTRUCTION CO., INC. FOR 355 DUNDEE AVENUE WHEREAS, the City of Elgin has heretofore entered into a contract with Decona Construction Co., Inc. for the rehabilitation of 355 Dundee Avenue; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Nos. I and 2, 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 Nos. I and 2, copies of which are attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Adopted: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES Councilwoman Popple made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 119 RESOLUTION ACCEPTING THE PROPOSAL OF HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING 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 Hampton, Lenzini and Renwick, Inc. for a HEC II analysis of the Randall Road Tributary to Tyler Creek, a copy of which is attached hereto and made a part hereof by reference. George Van eVoorde, Mayor Presented: March 8, 1989 Adopted: March 8, 1989 Vote: Yeas 7 Nays p Recorded: Attest: ao_x"A -} g/ MarlA YFaJ4 r m a n Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilwoman Popple made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 120 VOLUME LIV Ordinance No. G 19-89 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 II, Chapter 11.60, Section 11.60.065(A), of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 118. Upon property owned by the Elgin Housing Authority. 9. The grounds of Sherman Hospital. 10. Garden Quarter complex." 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 pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Passed: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: 'Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION PASSED ACCEPTING THE PROPOSAL OF AUSTIN McDANIEL CORPORATION FOR AN ADVANCED GEOGRAPHIC INFORMATION SYSTEM Councilwoman Popple made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 121 RESOLUTION ACCEPTING THE PROPOSAL OF AUSTIN McDANIEL CORPORATION FOR AN ADVANCED GEOGRAPHIC INFORMATION SYSTEM 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 Austin McDaniel Corporation for an Advanced Geographic Information System, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 8,1989 Adopted: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED IN LIEU OF SURETY BOND FOR WORK DONE IN STATE OF ILLINOIS RIGHTS OF WAY Councilwoman Popple made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 122 VOLUME LIV RESOLUTION IN LIEU OF SURETY BOND FOR WORK DONE IN STATE OF ILLINOIS RIGHTS OF WAY WHEREAS, the City of Elgin, located in the Counties of Kane and Cook, State of Illinois, desires to undertake, in the year 1989, the location, construction, operation and maintenance of driveways and street returns, watermains, sanitary and storm sewers, street light, traffic signals, sidewalk, landscaping, etc., on State highways, within the City of Elgin, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois hereinafter referred to as Department; and WHEREAS, an individual working permit must be obtained from the Department of Transportation prior to any of the aforesaid installations being constructed either by the City of Elgin or by a private person or firm under contract and supervision of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby pledges its good faith and guarantees that all work shall be performed in accordance with the conditions of the permit to be granted by the Department of Transportation, and to hold the State of Illinois harmless on account of any damages that may occur to persons or property during the prosecution of such work, and assume all liability for damages to persons or property due to accidents or otherwise by reason of the work which is to be performed under the provision of said permit. BE IT FURTHER RESOLVED that all authorized officials of the City of Elgin are hereby instructed and authorized to sign said working permit on behalf of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 8, 1989 Adopted: March 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk VOLUME LIV 123 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $25,280.00 February refuse charges. Northeaster Ill. Planning Commission White Communications Castle Communications Boncosky Oil Co. Union Oil Co. Transfer Pass Dundee Auto Body Camiros, Ltd. Norda Landers 321 E. Chicago St. 5,255.00 1989 Membership Dues. 2,700.00 Services re Elgin Spirit. 11,240.00 Printing Elgin Spirit. 5,571.10 Gasoline purchase. 3,135.17 Diesel Fuel purchase. 2,120.00 Soccer Program Jerseys. 3,003.61 Repairs for Squad #56. 3,990.72 Professional services 3,957.89 Residential Rebate Program. Councilman Fox made a motion, seconded by Councilwoman Popple to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for November, 1988 Vehicle License Sales Report Hemmens Advisory Board Minutes for 1/12/89 and 2/9/89 Land Use Committee Minutes for 1/17/89 and 2/6/89 Planning Committee Minutes for 12/21/88 and 1/18/89 Committee of the Whole Minutes for 2/8/89 and 2/13/89 Councilman Gilliam made a motion, seconded by Councilwoman Moylan to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 124 RECOGNIZE PERSONS PRESENT VOLUME LIV Wally Lang, 1340 Walden Drive: I represent all the members of our street. We have signed a petition which I presented to the Mayor, and we have asked for the speed limit on our street to be reduced to twenty miles per hour. Mayor VanDeVoorde: I did call a Mr. Ripley and we did turn this over to the Traffic Committee and asked them to review the matter and give us a response. Jim Cook: I would suggest that you simply appear at the Traffic Committee, present your ideas, allow the Traffic Committee to consider them, and then make a recommendation to this Council. That is the way the thing needs to process. Mayor VanDeVoorde: I would expect them to act fairly promptly and get to us either at the next meeting or the following meeting. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adjourn the Council Meeting to go into Executive Session to discuss personnel, litigation and real estate acquisition. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 8:30 p.m. Marie Yearman, City Clerk VOLUME LIV March 22, 1989 125 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois was held on March 22, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Allen Campbell, and the Pledge of Allegiance was led by City Clerk Yearman. nnrr 11rrr Roll call was answered by Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: Councilman Gilliam. MINUTES OF THE MARCH 8, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilwoman Popple to approve the March 8, 1989 Council Minutes. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Mayor VanDeVoorde presented the Government Finance Officers Association of the United States and Canada Award of Financial Reporting Achievement to James H. Bolerjack, Jr., Director of Finance for the City of Elgin. The Mayor and Council extended congratulations to Mr. Bolerjack. BID AWARDED FOR FIRE ENGINE Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to the following low bidders: To Fire Service Supply $158,539.95 for one Pumper Fire Truck. To GFE, Inc., $8452.58 for accessory equipment. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 126 VOLUME LIV BID AWARDED FOR MASTER PLAN FOR GOLF COURSES Councilwoman Moylan made a motion, seconded by Councilman Walters to award this bid to the low bidder, Killian Design Group, Inc., for a total price of $10,000.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR AUTOMATED TELEPHONE ATTENDANT Councilwoman Popple made a motion, seconded by Councilwoman Shales to award this bid to the low bidder, AT & T, for a total installed price of $15,647.20. Yeas: Councilmen Fox, Moylan, Popple, Shales and Mayor VanDeVoorde. Nays: Councilman Walters. BID AWARDED FOR ADMINISTRATIVE VEHICLES Councilwoman Shales made a motion, seconded by Councilman Fox to award this bid to the low bidder, National Car Rental, for a total amount of $37,988.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR OFFICE FURNITURE Councilman Walters made a motion, seconded by Councilwoman Moylan to award this bid as follows: To Rakow Business Interiors for a total amount of $1841.25. To Boise Cascade Office Products for a total amount of $1059.52. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR LORD'S PARK MAINTENANCE BUILDING FLOOR Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, Pride Concrete, Inc. of Elgin, Illinois, for an amount of $6538.40. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR 1989 SEWER TELEVISING PROJECT Councilwoman Moylan made a motion, seconded by Councilman Walters to award this bid to the low bidder, Visu-Sewer Clean and Seal, Inc., in the amount of $31,668.04. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 127 MEMORANDUM REQUESTING A PUBLIC HEARING DATE OF APRIL 26, 1989, TO CONSIDER AN AMENDMENT TO AN ANNEXATION AGREEMENT ASSOCIATED WITH A PLAT OF VACATION, AND A PRELIMINARY PLAT TO RESUBDIVIDE PROPERTY IN WESTFIELD BUSINESS PARK, PROPERTY LOCATED WEST OF RANDALL ROAD, BY CMD ELGIN ASSOCIATES Councilwoman Shales made a motion, seconded by Councilwoman Popple to set a public hearing date of April 26, 1989, to consider the above Amendment to an Annexation Agreement. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 73-88 REQUESTING ANNEXATION AND B-4 GENERAL SERVICE DISTRICT ZONING, PRO- PERTY LOCATED AT 1151 AND 1201 BLUFF CITY BOULEVARD, AND 825,885 and 895 GIFFORD ROAD BY THE CITY OF ELGIN - TABLED Councilwoman Moylan made a motion, seconded by Councilwoman Popple to table Petition 73-88. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 7-89 REQUESTING A B-3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION, PROPERTY LOCATED AT 270-282 DUNDEE AVENUE AND 285-289 FRANKLIN STREET BY SINGH DHILLON AND JAMES JOHNSTON - TABLED Roger Dahlstrom: As you can see there remains one unresolved issue with respect to this Petition, that being the issue of the number of curb cuts to be permitted on Dundee Avenue. The Planning Staff and the Land Use Committee have recommended the limitation of one point of access on Dundee Avenue. I would like to make it clear that both Staff and Committee acknowledge that this may not be the best alternative with respect to the specific user, and the convenience of that user's application. However, in making this recommendation we are guided by a number of provisions in existing city ordinances, specifically those having to do with the number of curb cut driveways permitted on the streets. In this particular instance this zoning parcel is made up of a number of individual parcels so that particular restriction does not apply specifically. We have suggested as an alternative, and we believe that a single curb cut, at perhaps a maximum width, which is 45 feet, as opposed to the two curb cuts, might serve this property. The property has approximately 175 feet of frontage, so a 45 foot curb cut is rather substantial access point from the property. That is the extent of our comments. 128 VOLUME LIV Mayor VanDeVoorde: It is my understanding that the Planning Commission passed this on a 6 to 1 vote, subject to the recommendati„ns, one of which was the one curb cut. I would like to confine our discussion tonight to that one unresolved issue. Singh Dhillon, Oakbrook, Ill.: We are going to have diesel fuel available and sometimes you have semi trucks coming in. Since this property is on an angle, so the trucks that deliver diesel are 60 feet in length and when you have those small openings there is a problem that is why we are requesting to get 40 foot width inside and 50 foot outside. The drivers will say it is too difficult to get in and out and you lose business that way. Mr. Dhillon reviewed a new site plan with the Council. Bob Malm: Has the staff seen this site plan. Mr. Dhillon: No, I just brought it in because I thought I would give it to them. Roger Dahlstrom: We could not give any kind of a recommendation on a plan that we have not seen. Mr. Dhillon: I can give that to you now. Roger Dahlstrom: I am not prepared to do that now. Bob Malm: If that is a new site plan would it have to be sent back to the Land Use Committee. Councilman Fox: WE are discussing whether we should have two curb cuts or one, I think we ought to discuss whether we really want this in there or not. This is a special use and I don't see a need for this special use at this location. There is a mini -mart gas station two blocks to the south. There are mini -marts to the west, in fact there are two of them going down towards the river. I don't see a need for a mini -mart. I looked at the grading of the land, the amount of fill, or the amount to build this, it looks like it would be difficult and not fit into the neighborhood. It is not what I want on Dundee, in that area. In the transcript it says that at a future point the request is going to be coming to sell liquor there, I just see a number of concerns with this regardless of the curb cuts. Quite frankly if we approve a gas station, I would have to argue that they need two curb cuts. I would not go into a station with one and have to back out to get out. I am going to vote no on this because I see a number of other problems and issues that I think we need to discuss. VOLUME LIV 129 Councilwoman Popple: I also will be voting against this, one of our hopes was for Dundee and Villa both, but particulary this area, is to consolidate and stop approving these small little uses that contribute to the traffic conjestion. I just can't see that this area fills the requirement for special use. Councilman Walters: I don't see that this plan is against the comprehensive plan development. I think this could be a part of any development. I concur that I would like to see two curb cuts, but I also would question the idea about the sign. I think there is an agreement that it could go down to fifteen feet. I think there are ways that it could fit in, it is a new building that will add something to that area. Councilwoman Moylan: I will support the plan if we can move the second curb cut away from that little triangle on Franklin Street. I think the two curb cuts are essential to get in and out safely. Councilwoman Shales: I could support the plan also, I agree with Councilwoman Moylan that the curb cut should be further away from the corner. I think that if they meet all of our ordinances that it can be an improvement. Mayor VanDeVoorde: I too support the plan, but I would like to go with the recommendations of the staff. I do think that this particular thing has assembled a couple of pieces of property, and has provided the necessary parking, which is one of the components for the redevelopment of the area, so I will support it, but I too am troubled with the spacing on the outlet on the north side. Would it have any merit to table this matter for further discussion between you and the staff, to work out the problem. James Johnston: We might be able to settle it tonight, could we have a few minutes to discuss from the standpoint of his position. Mayor VanDeVoorde: Would the Council entertain tabling to the end of the meeting. Councilwoman Moylan made a motion, seconded by Councilwoman Shales to continue this petition to the end of the meeting. Yeas: Councilmen Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Fox. Mayor VanDeVoorde: The matter is tabled to the end of this meeting. 130 VOLUME LIV APPLICATION S5-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLER'S CROSSING UNIT 7, PROPERTY LOCATED NORHT OF CONGDON AVENUE BY KIMBLL HILL, INC. -- APPROVED Councilwoman Popple made a motion, seconded by Councilwoman Moylan to approve Application S5-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S6-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLER'S CROSSING UNIT 8, PROPERTY LOCATED NORTH OF CONGDON AVENUE BY KIMBALL HILL, INC. -- APPROVED Councilwoman Shales made a motion, seconded by Councilman Walters to approve Application S6-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S7-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLER'S CROSSING UNIT 9 PROPERTY LOCATED NORTH OF CONGDON AVENUE BY KIMBALL HILL, INC. -- APPROVED Councilwoman Moylan made a motion, seconded by Councilman Walters to approve Application S7-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S9-89 REQUESTING FINAL PLAT APPROVAL FOR COBBLER'S CROSSING UNIT 11, PROPERTY LOCATED NORTH OF CONGDON AVENUE, BY KIMBALL HILL, INC. -- APPROVED Councilman Walters made a motion, seconded by Councilwoman Popple to approve Application S9-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S10-89 REQUESTING FINAL PLAT APPROVAL FOR WINDAU SUBDIVISION, PROPERTY LOCATED WEST OF CERESA DRIVE BY FYCO PHOTOENGRAVING, INC_ - APPROVED Councilwoman Moylan made a motion, seconded by Councilman Fox to approve Application S10-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None._ VOLUME LIV 131 PETITION 18-89 REQUESTING ANNEXATION AND R-2 SINGLE FAMILY RESIDENCE DISTRICT ZONING PROPERTY LOCATED ALONG RANDALL ROAD, NORTH OF WIN -HAVEN DRIVE BY COLONIAL ENTERPRISES APPRnVPn Councilwoman Popple: What would be the distance between the houses and Randall Road. Roger Dahlstrom: That would depend upon the placement of the houses. My recollection is that there would be more than the standard setback. It is the intention of the petitioner to come back to us with a subdivision of those lots. At this point it is impossible to say what the precise distance of a house would be from Randall Road. Mayor VanDeVoorde: Is there anyone in the audience who would like to speak to this matter. There was no public hearing on this, so we will afford that opportunity to anyone here who wishes to speak. Roger, did you get a copy of that letter from Mr. Bowen, where in he did ask a couple of questions. Roger Dahlstrom: Yes, his suggestion was that the City consider this development as an R-1 development, which would require 40,000 square foot lots, but would exclude the requirements for street improvements, specifically curb and gutter. This would require the petitioner to start this process over. Bob Malm : I believe the purpose of this request is to install model homes along this area, and to make it similar to the development that the developer plans. Certainly if it was an R-1 lot, without city improvements, it may not be compatible with what he is trying to market. Councilwoman Shales made a motion, seconded by Councilman Walters to approve Petition 18-89. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (COUNTRY BROOK) Roger Dahlstrom: Some questions arose earlier regarding sidewalks in cul-de-sacs, and I discussed the elements of the annexation agreement very briefly, and we feel that an annexation agreement could be approved conditioned upon the deletion of any reference to variations, with respect to sidewalks in cul-de-sacs. 132 VOLUME LIV Councilwoman Popple: I would move to approve the annexation agreement, deleting the approval of the elimination of sidewalks in cul-de-sacs, and subject to the Land Use Committee recommendations. Councilman Walters: I will second that to get this on the floor. This is a little bit of changing the rules halfway through, and I am concerned about that and the precedent value assessed to other developers coming in and wondering what is going to happen. I would have a very pointed question to the gentleman from U.S. Shelter, is this something that is acceptable to you, is this something you can live with. If this is going to go through how do you feel about the good faith of the city at this point. Jack Sorenson, U.S. Shelter: As I said earlier the issue of the sidewalks is not a deal breaker. I also said earlier I thought at our last meeting approval was granted for annexation, preliminary plat and zoning. I think it is unusal to change at this point, but it takes two to make an agreement. We are willing to put the sidewalks in if that is the decision of the Council. Attorney Blondin: You do not have an agreement until you formally pass a Resolution authorizing the appropriate City officials to sign it, which is what this matter is here before you tonight. Mayor VanDeVoorde: That is why you have preliminary agreements and final agreements because there is some room for both parties during the process to change. Attorney Blondin: Until you have passed the Resolution, and until you have signed the Agreement, there is no Agreement as it were, so that is a correct statement. Councilwoman Shales: I guess I hesitate to change the rules, although I agree with what Councilwoman Popple has said, but I would like to see that go from now forward and not try to go backward with someone we have been working with. Roger Dahlstrom: In fairness to the petitioner I think I should point out the issue over the variation of the sidewalks was brought up on January 27th, as a point of conversation within our presentation regarding the annexation agreement, actual testimony at the public hearing. The reason we mentioned it specifically, at that time, was that normally as you know, we do have consideration of the petition on the same night as the annexation agreement hearing. We did not that night, we could not because the variation was in fact pending, so VOLUME LIV 133 we had to point out that we were a little out of sequence in terms of the normal operation. Although it has been some time, I would point out the subject of the variation was brought up at the public hearing at that time. Councilman Fox: It is interesting that developers are always allowed to come to us and renegotiate contracts, but when we want to renegotiate it is bad faith and we can't do it, and I disagree with that. I think the owners and the players should both be able to renegotiate contracts. With regards to this developer over the course of the past year we have gone into a number of controversies over the power lines and the Lovell Road extension, and we have worked real closely with the developer, and realized the plight that he was under, in terms of moving or not moving the road. We worked with him in a real cooperative spirit, made some hard decisions, and good decisions, so I really don't think we are treating this developer, or any other developer unfairly. Given the fact that they said it would not be a major problem for them to put in the sidewalks, and since we are still in a negotiation stage, and this is one of the first chances we have as a Council to actually make policy decisions, or support policy decisions, I am going to vote for this and I think its a good idea. Councilwoman Popple: I have stated my reasons earlier. I think this Council has been very committed to quality subdivisions and safety, and I think we are granted this authority to decide decisions of safety, the developer has said this is not a major issue, so I don't know why we would back away from this when we have that authority to request this. I think it will add to those cul-de-sacs. Councilman Walters: I can concur with the safety factor, and I am heartened by the fact that the developer has said this is not a major break issue as it applies to them. I think during negotiations there is a point that has been struck in most instances, and that is why I resented that the deal had been cut two weeks ago and we were forced to reshuffle the deck. I don't like that situation and I don't like the fact that it is happening here, but I will support this matter insofar as U.S. Shelter has agreed upon it, I just don't like the precedents that are being set. Councilwoman Moylan: I will support the sidewalks, but I think it would be better to have the sidewalks right around the curb rather than that little odd piece of grass. Roger Dahlstrom: When the cul-de-sacs are plowed carriage walks will be under a lot of snow. 134 Mayor VanDeVoorde: If the Clerk call the roll. VOLUME LIV there is no further discussion, will Yeas: Councilmen Fox, Moylan, Popple, Walters and Mayor VanDeVoorde. Nays: Councilwoman Shales. Mayor VanDeVoorde: I think that if we have learned anything here tonight, we have said that this Council, as a policy matter, wants to see sidewalks in cul-de-sacs. I think it is good because we had two developments here tonight, one of which had sidewalks in the cul-de-sacs and the other that did not, and that does not make any sense. If it is good idea in one, its a good idea in the other in my opinion. Roger, I think you better inform the Land Use Committee that this Council wants to see sidewalks in cul-de-sacs. VOLUME LIV 135 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Country Brook) 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 agreement 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Adopted: March 22, 1989 Vote: Yeas 5 Nays 1 Recorded: Attest: an Marie Yearman, City Clerk 136 VOLUME LIV ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (COUNTRY BROOK) Councilman Fox made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV Ordinance No. S7-89 137 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Country Brook) 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 1: That part of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at the Northeast Corner of the Southeast Quarter of said Section 18; thence South 880 30' West along the North line of said Southeast Quarter, a distance of 423.80 feet to the Easterly line of Poplar Drive as dedicated; thence South 010 30' East along said Easterly line, a distance of 696.52 feet; thence Southerly and Southeasterly along said Easterly line, being a curve to the right, having a radius of 598.19 feet and being tangent to the last described course, a distance of 293.94 feet; thence South 260 39, 15" West along said Easterly line and being tangent to the last described curve, a distance of 4.11 feet (9.37 feet measured); thence North 880 31' 45" East (N 880 34' 00" E measured), a distance of 472.41 feet (452.97 feet measured) to the East line of Section 18 aforesaid; thence North 000 04' 10" West (N 010 09' 53" E measured) along said East line, a distance of 982.85 feet (990.08 feet measured) to the place of beginning, being situated in Cook County, Illinois and containing 9.25 acres more or less. Parce 1 2: That part of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, bounded as follows: Commencing at the North- east Corner of the Southeast Quarter of Section 18, in the Township and 138 VOLUME LIV Range aforesaid; thence South 88 1/2 degrees West along the quarter section line of said Section 18, a distance of 11.97 chains, more or less, to a point 1891.6 feet East of the Northwest Corner of the Southeast Quarter of said Section 18, being the East line of land formerly owned by Peter Burritt; thence along the East line of said Burritt Tract South 14 1 /4 degrees West, 15.53 chains; thence North 88 1 /2 degrees East and parallel with the quarter section line of said Section 18, a distance of 15.86 chains to the section line between Sections 17 and 18 for the point of beginning of the land herein described; thence on the same course North 88 1 /2 degrees East, 5.84 chains; thence South 3 1 /4 degrees West, 8.73 chains to the North line of the lands formerly belonging to Edward C. Lovell Estate; thence along the North line of the Lovell Estates lands, North 64 1 /2 degrees East, 3.45 chains; thence North 3/14 degrees East, 9.60 chains; thence East, parallel with the North line of the Southwest Quarter of said Section 17, a distance of 2.74 chains; thence North 13.08 chains to the North line of the Southwest Quarter of said Section 17; thence West along the North line of said Southwest Quarter, 11.58 chains to the Northwest Corner of the Southwest Quarter of said Section 17; thence South along the West line of the Southwest Quarter of said Section 17, to the point of beginning, excepting therefrom the East 185.47 feet of the West 271.55 feet of the North 235.00 feet of said Southwest Quarter of Section 17, all in Cook County, Illinois and containing 18.6 acres more or less. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Cook County, Illinois. Section 3. That this ordinance shall be in full force and effect from and after is passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: Ill, 0—h' A� .-��d s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY ON BODE ROAD (COUNTRY BROOK) Councilwoman Moylan made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 139 Ordinance No. G21-89 AN ORDINANCE RECLASSIFYING PROPERTY ON BODE ROAD (Country Brook) WHEREAS, written application has been made to reclassify certain property located on the south side of Bode Road between the proposed Lovell Road extension and Poplar Creek Drive from R-4 General Residence District to R-3 Two Family Residence District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the R-4 General Residence District and including in the R-3 Two Family Residence District, the following described property: Parcel 1: That part of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the North- west Corner of the Southwest Quarter of aforesaid Section 17 and running thence North 870 51' 25" East along the North line of said Southwest Quarter, 764.28 feet (measures 768.01 feet), to the point of beginning; thence South 010 10' 19" East, 563.50 feet; thence North 880 00' 20" East, 211.15 feet; thence North 480 59' 1911 East, 325.00 feet to the West line of the 150 foot right of way of the Commonwealth Edison property; thence North 100 00' 41" West along said West line, 315.00 feet to a point in said Westerly line which is a distance of 44.3 feet South of the North line of said Southwest Quarter; thence continuing North along said West line to the North line of said Southwest Quarter; thence South 870 51' 25" West along said North line of the Southwest Quarter, 413.15 feet, more or less to the point of beginning, all in Cook County, Illinois, excepting therefrom the Easterly 70.00 feet as measured perpendicular to the Easterly line thereof. 140 VOLUME LIV Parce 1 2: That part of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, bounded as follows: Commencing at the North- east Corner of the Southeast Quarter of Section 18, in the Township and Range aforesaid; thence South 88 1 /2 degrees West along the quarter section line of said Section IS, a distance of 11.97 chains, more or less, to a point 1891.6 feet East of the Northwest Corner of the Southeast Quarter of said Section 18, being the East line of land formerly owned by Peter Burritt; thence along the East line of said Burritt Tract South 14 1 /4 degrees West, 15.53 chains; thence North 88 1 /2 degrees East and parallel with the quarter section line of said Section 18, a distance of 15.86 chains to the section line between Sections 17 and 18 for the point of beginning of the land herein described; thence on the same course North 88 1 /2 degrees East, 5.84 chains; thence South 3 1 /4 degrees West, 8.73 chains to the North line of the lands formerly belonging to Edward C. Lovell Estate; thence along the North line of the Lovell Estates lands, North 64 1 /2 degrees East, 3.45 chains; thence North 3/14 degrees East, 9.60 chains; thence East, parallel with the North line of the Southwest Quarter of said Section 17, a distance of 2.74 chains; thence North 13.08 chains to the North line of the Southwest Quarter of said Section 17; thence West along the North line of said Southwest Quarter, 11.58 chains to the Northwest Corner of the Southwest Quarter of said Section 17; thence South along the West line of the Southwest Quarter of said Section 17, to the point of beginning, excepting therefrom the East 185.47 feet of the West 271.55 feet of the North 235.00 feet of said Southwest Quarter of Section 17, all in Cook County, Illinois and containing 13.6 acres more or less." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING NEWLY ANNEXED TERRITORY (COUNTRY BROOK) Councilman Fox made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 141 Ordinance No. G20-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Country Brook) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-3 Two Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 same 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 R-3 Two Family Residence District, the following described property: Parcel 1: That part of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at the Northeast Corner of the Southeast Quarter of said Section 18; thence South 880 30' West along the North line of said Southeast Quarter, a distance of 423.80 feet to the Easterly line of Poplar Drive as dedicated; thence South 010 30' East along said Easterly line, a distance of 696.52 feet; thence Southerly and Southeasterly along said Easterly line, being a curve to the right, having a radius of 598.19 feet and being tangent to the last described course, a distance of 293.94 feet; thence South 260 39' 15" West along said Easterly line and being tangent to the last described curve, a distance of 4.11 feet (9.37 feet measured); thence North 880 31' 45" East (N 880 34' 00" E measured), a distance of 472.41 feet (452.97 feet measured) to the East line of Section 18 aforesaid; thence North 000 04' 10" West (N 010 09' 53" E measured) along said East line, a distance of 982.85 feet (990.08 feet measured) to the place of beginning, being situated in Cook County, Illinois and containing 9.25 acres more or less. 142 Parcel 2: VOLUME LIV That part of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the North- west Corner of the Southwest Quarter of aforesaid Section 17 and running thence North 870 51' 25" East along the North line of said Southwest Quarter, 768.01 feet; thence South 010 10' 19" East, 563.50 feet to the point of beginning; thence continuing South 010 10' 19" East, 300.00 feet; thence North 890 16' 53" West, 181.08 feet; thence South 030 01, 16" West, 514.00 feet; thence North 530 19' 44" East, 65.47 feet; thence South 470 55' 08" East, 99.00 feet; thence North 880 15' 18" East, 40.00 feet; thence North 560 01' 16" East 330.50 feet; thence North 12° 12' 25" East, 208.00 feet; thence North 70a 59' 29" East, 291.60 feet to the West line of the Commonwealth Edison property; thence North 100 00, 41" West along said West line, 583.49 feet; thence South 480 59' 19" West, 325.00 feet; thence South 88° 00' 20" West, 211.15 feet, more or less, to the point of beginning, all in Cook County, Illinois, excepting therefrom the Easterly 70.00 feet as measured perpendicular to the Easterly line thereof." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: �� at- J -�-� s Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING PRELIMINARY PLAN FOR COUNTRY BROOK) Councilwoman Popple made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 143 RESOLUTION APPROVING PRELIMINARY PLAN FOR COUNTRY BROOK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plan prepared by The Lannert Group dated January 10, 1989 for Country Brook. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Adopted: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: 1harie Yea man Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 640-650 VARSITY DRIVE Councilwoman Shales made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. 144 VOLUME LIV Ordinance No. G22-89 AN ORDINANCE RECLASSIFYING PROPERTY AT 640-650 VARSITY DRIVE WHEREAS, written application has been made to reclassify certain property located at 640-650 Varsity Drive from B-4 General Service District to M-1 Limited Manufacturing District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the B-4 General Service District and including in the M-1 Limited Manufacturing District, the following described property: That part of Lots 4 and 5 of the County Clerks Division of unsubdivided lands in the North Half of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded June 20, 1895 as Document No. 2237128, described as follows: Beginning at a point on the North and South center line of said Section 19, 1695 feet South of the North line of said Section 19, said point being also the Northwest corner of said Lot 5; thence South 36 degrees I I minutes I I seconds West, along the Westerly line of Lot 5, said Westerly line being perpendicular to the center line of Villa Street (also known as U.S. Route 20) said center line also being the Southerly line of said Lots 4 and 5, a distance of 159.30 feet; thence South 53 degrees 48 minutes 49 seconds East, parallel with the center line of said Villa Street, a distance of 404.30 feet to the Westerly right of way line of a public street recorded in Cook County on June 3, 1971 as Document No. 21499006; thence North 31 degrees 09 minutes 33 seconds East, along said Westerly right of way line and the Northerly extension thereof, a distance of 281.40 feet; thence North 53 degrees 48 minutes 49 seconds West, parallel with the center line of said Villa Street, a distance of 259.95 feet to the Northerly line of said Lot 5; thence South 80 degrees 52 minutes 15 seconds West, along said Northerly line, a distance of 170.20 feet to the point of beginning, containing 2.356 acres more or less, in the City of Elgin, Hanover Township, Cook County, Illinois." VOLUME LIV 145 Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. George Van eVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: Marie Yearman, ity Clerk ORDINANCE PASSED AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPT. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 146 VOLUME LIV Ordinance No. G24-89 AN ORDINANCE AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the total authorized strength of the Elgin Police Department shall hereafter be one hundred four (104) members, of which one member shall be chief, no more than three (3) members shall hold the rank of deputy chief, no more than six (6) members shall hold the rank of lieutenant, no more than eleven (11) members shall hold the rank of sergeant and the balance of said members shall be of patrolman rank. Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. Section 3. That this ordinance shall be effective from and after its passage and approval in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 NaysO Recorded: Published: ,^Attest: s/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROHIBIT PACKAGE LIQUOR SALES ON THE FOUNTAIN SQUARE PLAZA Councilwoman Popple made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 147 Ordinance No. G25-89 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROHIBIT PACKAGE LIQUOR SALES ON FOUNTAIN SQUARE PLAZA WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any fuction pertaining to its government and affairs; and WHEREAS, the regulation of the sale of alcoholic liquor is a matter pertaining to 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 Section 6.06.090 entitled "License --Issuance Limitations" of the Elgin Municipal Code be and is hereby amended by adding the following: "D. No Class A, AA or B license shall be granted for any premises located wholly or partially on Fountain Square Plaza." 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: �u�2J rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION EXECUTION OF AN AGREEMENT WITH HMO ILLINOIS Councilman Walters made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution., Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 148 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HMO ILLINOIS 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 an agreement on behalf of the City of Elgin with HMO Illinois for a health maintenance plan, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Adopted: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: �� Ma r i F± ve rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ESCROW AGREEMENT WITH THE ELGIN AREA HISTORICAL SOCIETY AND FIRST NATIONAL BANK OF ELGIN Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 149 RESOLUTION AUTHORIZING EXECUTION OF AN ESCROW AGREEMENT WITH THE ELGIN AREA HISTORICAL SOCIETY AND FIRST NATIONAL BANK OF ELGIN 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 an escrow agreement on behalf of the City of Elgin with the Elgin Area Historical Society and First National Bank of Elgin for the renovation of Old Main, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Adopted: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING TITLE 6.09 ENTITLED "AMUSEMENTS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilman Fox made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Walters and Mayor VanDeVoorde. Nays: Councilwoman Shales. 150 VOLUME LIV Ordinance No. G23-89 AN ORDINANCE AMENDING TITLE 6.09 ENTITLED "AMUSEMENTS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 6.09, Section 6.09.160A of the Elgin Municipal Code, 1976, as amended, is hereby further amended to read as follows: 116.09.160A Admissions surcharge. A. Surcharge. I. There is levied and imposed upon every person who pays an admission charge to any event at Hemmens Auditorium a surcharge of twenty-five cents (25�) per admission, exclusive of other applicable state or federal surchargees. 2. The ultimate incidence of and liability for payment of the surcharge shall be borne by the person who seeks participation or admission to Hemmens Auditorium, that person referred to in this chapter as "patron:' 3. The surcharge imposed by this chapter shall be paid in addition to any and all other taxes and charges. It shall be the duty of every person receiving an admission charge upon which a surcharge is levied under this chapter to secure the surcharge from the patron, to act as trustee for and on account of the city, and to pay over to the finance director the surcharge under procedures prescribed by the finance director or as otherwise provided in this chapter. 4. Every person required to collect the surcharge levied by this chapter shall secure the surcharge from the consumer at the time he collects the admission charge." Section 2. That this amendment shall be in full force and effect and shall apply to all admissions to Hemmens Auditorium from and after June I, 1989; however the surcharge imposed by this ordinance shall not apply to events not subject to the surcharge prior to December 14, 1988 and for which tickets have been sold prior to December 14, 1988. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: At• tgst: a s Mari- a Yea an Marie Yearman, City Clerk VOLUME LIV 151 CONTINUED DISCUSSION OF PETITION 7-89 REQUESTING A B-3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION AT 270-282 DUNDEE AND 285-289 FRANKLIN ST. Mayor VanDeVoorde: Petition 7-89 was tabled until the end of tonight's meeting, we have reached that point and I would ask for a motion to take this Petition from the table. Councilman Walters made a motion, seconded by Councilwoman Moylan to take Petition 7-89 off the table. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Mayor VanDevoorde: Mr. Dahlstrom have you been able to reach any agreement in this matter. Roger Dahlstrom: I am not prepared tonight to review a site plan in five minutes. I would suggest that Petitioner be directed to resubmit his site plan for the staff to review and bring it back to the next City Council meeting. Councilwoman Popple made a motion, seconded by Councilwoman Moylan to table Petition 7-89 for two weeks. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (SUDS LAUNDRY BUILDING) Councilwoman Moylan made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 152 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (Suds Laundry Building) 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 Real Estate Sales Contract on behalf of the City of Elgin with Cole Taylor Bank/Yorktown, as Trustee under Trust Agreement dated August 15, 1988, known as Trust #173 for the property commonly known as the Suds Laundry Building, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Adopted: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: �Attest: s/ Marie �earm�an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PERMIT OFF-STREET PARKING SPACES IN REQUIRED FRONT YARDS AND AMENDING APPLICATION AND RECORDING FEES Councilwoman Moylan made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 153 Ordinance No. G26-89 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PERMIT OFF-STREET PARKING SPACES IN REQUIRED FRONT YARDS AND AMENDING APPLICATION AND RECORDING FEES WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to permit off-street parking spaces in required front yards and to amend the application and hearing recording fees; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 19.06.090(B) of Chapter 19.06 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding the following: 116. Open off-street parking spaces in the R-I, R-2, R-3, ACR, 0, B-I, B-3, B-4, M-1 and M-2 zoning districts, subject to Elgin Municipal Code Section 19.44.100." Section 2. That Section 19.54.010 of Chapter 19.54 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "19.54.010 Designated. Any application filed by or on behalf of a petitioner, shall be accompanied by the following fees: A. Variations, as follows: I. Parcel less than 10,000 square feet, fifty dollars; 2. Parcel more than 10,000 square feet, one hundred dollars. B. Amendments or special uses, as follows: I. For property less than ten acres in area, two hundred fifty dollars; 2. For property ten acres but less than one hundred acres in area, five hundred dollars; 154 VOLUME LIV dollars; 3. For property one hundred acres or more, seven hundred fifty 4. For text amendments, one hundred dollars. Section 3. That Section 19.54.020 of Chapter 19.54 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "19.54.020 Hearing recordation fee. In addition to the above fees, each applicant shall pay for the costs of providing for an accurate verbatim account of the public hearing pertaining to his application. A deposit of two hundred dollars (one hundred dollars in the case of variations) shall be made at the time of application to cover the direct costs of recording and transcription of the public hearing. If these costs are less than the deposit, the remainder will be refunded to the applicant. If the cost exceeds the deposit, the additional amount shall be paid in full prior to consideration of the application by the city council or, in the case of variations, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the city." Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: VAttest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED RECLASSSIFYING PROPERTY AT THE NORTHWEST CORNER OF AIRLITE STREET AND FOOTHILL ROAD Councilwoman Moylan made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 155 Ordinance No. G27-89 AN ORDINANCE RECLASSIFYING PROPERTY AT THE NORTHWEST CORNER OF AIRLITE STREET AND FOOTHILL ROAD WHEREAS, written application has been made to reclassify certain property located at the northwest corner of Airlite Street and Foothill Road from R-2 Single Family Residence District to B-3 Service Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the R-2 Single Family Residence District and including in the B-3 Service Business District, the following described property: Lots 8, 9, 10, and I I in Block 3 of Walter G. McIntosh and Company's Fox River Farms, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: Marie Yearman, City Clerk 156 VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Elgin Chamber of Commerce $10,163.50 Second Quarterly Funding. Elgin Courier News 3,213.03 February Advertising. University of Ill. 2,445.00 Police Training. International Salt Co. 21,499.03 Highway Rock Salt. Boncosky Oil Co. 5,897.89 Purchase of Gasoline. Union Oil Co. 1,577.57 Purchase of Diesel Fuel. Net Midwest Inc. 1,581.00 Water Testing. Fisher Scientific 4,995.00 Water Lab Equipment. N.B. Aughenbaugh Ltd. 8,157.93 Services re EPA Hearing. Seyfarth, Shaw, etc. 6,172.00 Legal Services E. Charles Miller Electric 4,775.00 Museum Electrical Improvements. Acushnet Sales Co. 8,167.34 Golf Supplies. Spaulding Sports 3,138.50 Golf Supplies. Elgin Public Museum 10,000.00 Second Quarterly Funding. Councilman Fox made a motion, seconded by Councilwoman Popple to approve the above payments. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXEUCTION OF AN AGREEMENT WITH CLARK DIETZ,INC. Councilwoman Moylan made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 157 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CLARK DIETZ, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Clark Dietz, Inc. for engineering services for the Riverside High Service Pump and Piping Additions, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Adopted: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: r Marie Yearman, City Clerk RESOLUTION ADOPTED FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE Councilwoman Moylan made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 158 VOLUME LIV RATS a Sia10� RgSO&AMON FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE IWNOIS HIGHWAY CODE ilk N RMLVSD, b4 do COUNCIL d the and a fts� ad 9a0 • sarral CITY at MIN e d ad" is herebg are arm a asw So sam d 865,000.00 d x0tor 7%d 71= shads for a* plpoN d mabdallebt shaft aid bkkvs s ®der ON apptiaabie PNddoaa d the Mbwb zktmw Coder trees Jaaar> 71. to to Deawbar u. '29 89 - = IT Iru ZMLV= that mb' those s1. 1-. Mown^ and wastio®s as "ad am dumb" as the sppa+ored Yaaidpai aNdwate at llalntaaasee Costs. bcbftg gqgwmnw ae rnlsad astlmaI sop• pMmB to ennsc n WM this rasob tk% are d 4ok for•mWktanaaft wlth motor red IM lands datrlat the paetod r sp d& d atom BE IT FURTHER RESOLVED, that the Clark shall, as soon as practicable after the dome of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Cleric shall immediately trw amit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg , Illinois. is89 Deportment of Y'eeap"Wrlee DimW En@Wd w ;;� Marie Yearman City Rim. Oft sea OF VRA M Qwft laamd iw a• city of Um a low at E1g],n v, ag*'a Want busby eaefb do lab be a Us% Beset sad eomgleb eep d a mwbdsea e8ollsd b +g Pou nc i t leas a FROM ad loss t s■rW a= a aeelqg m March 22 1289 DI TW1910liT W�Ol. I bow bw4unis wt aq bmmd sari wd MW6 ') I ,-a A. d M.ar.Qh AM. i- AA s/ Marie Yearman srm arnow BLR 4123 (Rev. 3-84) VOLUME LIV ffmis Depaitirowt Of Transp nation 159 Period from January 1, 19 S9_, to December 31,1982 Municipality - Elgin Estimated Cost of Maintenance Operations Maintwuwm Operation INp-Dgp%oon-Total Ouantity) Material, Equipment or Labor Item and Specification Reference OuaM Municipal Estimate o Maintenance Costs Operation Cost VA u.I. I.: t1FIX /1 ..• tl IN Total Estimated Maintenance Cost 1865,000 ibmitted , 19 Approved .19 9y Municipal Official Title District Engineer XP 7302 (Rev. 6-8e) Submit Four (4) Copies to District Engineer VOLUME LIV 160 REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for December, 1988 Building Report for February, 1989 Water Dept. Report for February, 1989 Public Works Report for February, 1989 Transportation Report for January, 1989 Heritage Commission Minutes for February 13, 1989 Public Hearing/Block Grant Minutes for March 6, 1989. Elgin Liquor Commission Minutes for February 1 and Committee of the Whole Minutes for February 22 and • March 1,1989 March 8. 1989 Councilman Fox made a motion, seconded by Councilman Walters to place the above reports on file as published. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED AMENDING CHAPTER 1.20 ENTITLED "GENERAL PENALTY - CITATIONS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilwoman Moylan made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV Ordinance No. G28-89 AN ORDINANCE AMENDING CHAPTER 1.20 ENTITLED "GENERAL PENALTY --CITATIONS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 1.20, Section 1.20.060A of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "Title 20 (Historic Preservation) all sections." 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: a4- sC.Q n Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF YIELD INTERSECTIONS Councilwoman Moylan made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 162 Ordinance No. G29-89 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF YIELD INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of yield intersections under Sec- tion 1 1.32.040 the following: Adeline Drive, southbound, at Royal Boulevard. 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 pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: itpAarman Marie Yearman, City Clerk ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilwoman Moylan made a motion, seconded by Councilwoman Shales to pass the forementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor Van DeVoorde. Nays: None. 163 VOLUME LIV Ordinance No. G30-89 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 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of two hour parking zones under Section 1 1.60.084 the following: Weston Avenue, east side thereof, from 146 feet south of Wing Street to 82 feet south of Wing 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 pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Passed: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF LEASE AGREEMENTS FOR GARDEN PLOTS Councilwoman Moylan made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 164 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENTS FOR GARDEN PLOTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute lease agreements on behalf of the City of Elgin for garden plots in substantially the form as attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1989 Adopted: March 22, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk 165 ANNOUNCEMENTS VOLUME LIV Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adjourn the Council Meeting to go into Executive Session to discuss personnel, land acquisition and litigation. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 9:00 p.m. Marie Year n, City Clerk VOLUME LIV April 12, 1989 166 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 April 12, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Councilwoman Popple and the Pledge of Allegiance was led by Councilwoman Moylan. Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE MARCH 22, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilman Fox to approve the March 22, 1989 Council Minutes. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS PROCLAMATION OF THE RESULTS OF THE GENERAL ELECTION OF CANDIDATES FOR THE OFFICES OF COUNCILMEN FOR THE CITY OF ELGIN, KANE AND COOK COUNTIES AND THE RESULTS OF THE 9-1-1 EMERGENCY TELEPHONE PROPOSITION Mayor VanDeVoorde announced the results of the above Proclamation, said Proclamation being made a part of the Minutes herein. The Honorable Gene Nottolini administered the Oath of Office to the duly elected Councilmen, Susan N. Moylan, John N. Walters and Robert Gilliam. 167 VOLUME LIV PROCLAMATION OF THE RESULTS OF THE GENERAL ELECTION OF CANDIDATES FOR THE OFFICES OF COUNCILMEN FOR THE CITY OF ELGIN, KANE AND COOK COUNTIES AND THE.RESULTS OF THE 9-1-1 EMERGENCY TELEPHONE PROPOSITION WHEREAS,'a general election of candidates for the offices of three Councilmen to be elected at large of and for the City of Elgin, Kane and Cook Counties, Illinois, and a proposition to impose a surcharge of up to $.65 per month per network connection for the purpose of installing a 9-1-1 emergency telephone system was held on the first Tuesday of April, 1989, being April 4, 1989; and WHEREAS, the election authorities of Kane and Cook Counties transmitted a tally sheet or certificate of results for each precinct in the City of Elgin; and WHEREAS, the Election Code of the State of Illinois provides that a canvassing board composed of the Mayor, City Attorney and City Clerk shall open and canvass the precinct returns, proclaim the results of the general election and file its proclamation certificate with the appropriate election authorities; and WHEREAS, on April 10, 1989 the canvassing board met to open and canvass the precinct returns, proclaim the results of the general election and file its proclamation certificate with the appropriate election authorities; and WHEREAS, the canvassing board of the City of Elgin has canvassed the precinct returns as required by the Election Code of the State of Illinois. NOW, THEREFORE, it is hereby proclaimed by the canvassing board of the City of Elgin that the following number of votes was cast for each candidate for the office of Councilman for the City of Elgin: Kane Cook County County Total Susan N. Moylan 49519 682 50201 Robert Gilliam 3,951 555 4,506 John N. Walters 4,107 569 4,676 Edgar A. "Pete" Andersen 2,422 364 2,786 Donald J. Westphal 2,074 345 2,419 Ery Schmidt 1,425 214 1,639 IT IS HEREBY PROCLAIMED that the following persons have been elected to the office of Councilman. Susan N. Moylan John N. Walters Robert Gilliam VOLUME LIV �:3 NOW, THEREFORE, it is hereby proclaimed by the canvassing board of the City of Elgin that the following number of votes was cost for the 9-1-1 emergency telephone proposition: Kane Cook County County Total Yes 59521 832 6,353 No 11,044 184 19228 IT IS FURTHER PROCLAIMED that the 9-1-1 emergency telephone proposition is passed. This is to certify that the foregoing proclamation of results of the general election for the office of Councilman for the City of Elgin and the result of the 9-1-1 emergency telephone proposition is true and correct. Given under our hands this 10th day of Aaril. 1989. 169 VOLUME.LIV BID AWARDED FOR TRAFFIC AND STREET SIGNS Councilwoman Moylan made a motion, seconded.by Councilwoman Popple Popple to award this bid as follows: To Vulcan Signs $ 997.36 To Decker Supply Co. 369.96 To American Highway Sign Co. 3537.75 Municipal Marking Distributors 2104.55 To Paragon Supply Co. 775.45 Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR WATER SERVICE MATERIALS Councilman Walters made a motion, seconded by Councilwoman Popple to award this bid as follows: To Joseph D. Foreman Co. $13,369.00 To Ziebell Water Service Co. 758.76 To Water Products Co. 2,702.3.9 Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR FIRE HYDRANTS Councilman Fox made a motion, seconded by Councilwoman Moylan to award this bid to the low bidder, Ziebell Water Service Products, for a total amount of $16,484.98. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR COPPER TUBING Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, Ziebell Water Service Products, for a total amount of $14,014.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR`CONCRETE Councilman Walters made a motion, seconded by Councilman Fox to award this bid to the low bidder, Welch Bros. Inc., at the unit price of $46.OU/cubic yard. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV BID AWARDED FOR PAPER 170 Councilwoman Shales made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, Leslie Paper Company, for a total amount of $4468.80. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID FOR POLICE EQUIPMENT Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid as follows: To Ray O'Herron Company for $4569.00 To Lund Industries Inc. 619.65 Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PARK ELECTRICAL IMPROVEMENTS Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid as follows: To the low bidder, General Electric Company, for a total amount of $2123.00 for the removal and disposal of two PCB contaminated transformers and five other obsolete transformers and switches. To the second low bidder, Heider Electric Supply Company, for a total amount of $2200.00 for one 100 KVA Padmounted transformer. To the low bidder, Crescent Electric Supply Company, for a total amount of $1616.22 for a total of 1060' of electrical cable for the newly constructed Wing Park and Lord's Park restroom facilities. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR GROUNDS MAINTENANCE W nTT T DMT» TUT Councilman Walters made a motion, seconded by Councilwoman Popple to award this bid as follows: To Elgin Lawn Equipment for a total amount of $1399.80. To Wasco Blacksmith Shop for a total amount of $1673.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 171 VOLUME LIV BID AWARDED FOR 1989 MOSQUITOE CONTROL PROGRAM Councilwoman Shales made a motion, seconded by Councilwoman Popple to award this bid to Clarke Outdoor Spraying Company for an amount of $13,739.40. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR SEWER SYSTEM REHABILITATION 1989 Councilwoman Popple made a motion, seconded by Councilwoman Shales to award this bid to the low bidder, American Cutting Systems, Inc., in the amount of $82,204.20. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR LILLIE STREET STORM SEWER Councilman Fox made a motion, seconded Councilwoman Moylan to award this bid to the low bidder, Prime Construction, Inc., in the amount of $21,497.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 73-88 REQUESTING ANNEXATION AND B-4 GENERAL SERVICE DISTRICT ZONING, PRO- PERTY LOCATED AT 1151 AND 1201 BLUFF CITY BOULEVARD AND 825, 885 and 895 GIFFORD ROAD BY THE CITY OF ELGIN - TABLED City Manager: Staff would recommend, in view of the discussion in the Committee of the Whole, that this matter be tabled for 90 days to give us time to process the necessary amendments to the zoning ordinance and complete the negotiations of the preannexation agreement. Councilwoman Popple made a motion, seconded by Councilman Walters to table Petition 73-88 for 90 days. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION &-89 REQUESTING A B-3 SERVICE BUSINESS DISTRICT , SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION, PROPERTY LOCATED AT 270-282 DUNDEE AVE., AND 285- 289 FRANKLIN STREET --- TABLED Roger Dahlstrom: As you can see by the attached memorandum there remains some unresolved issues with respect to this Petition. VOLUME LIV 172 The staff continues to believe that this particular site does not lend itself to a semi -trailer service station, and consequently there is no need to compromise standard access restrictions. It is our feeling that even with two points of access semi -truck entrance and exit would still require split lane maneuvers and backing into public right of ways. The issue I think perhaps is whether or not we wish to have the site used, with some intensity, for the fueling of those kinds of vehicles. Mayor VanDeVoorde: It would seem we are at the same place we were two weeks ago. Roger Dahlstrom: Staff did make clear to the petitioner that we would evaluate any and all alternatives regarding the two points of access. You will recall the initial position of the Land Use Committee was that every opportunity be made to reduce the access points to Dundee Avenue. We have looked at the two access point alternatives, which seem to be the consensus of the Council's feeling with respect to the number of accesses. James Johnston: I don't think we are at the same point we were two weeks ago. We were asked to get together with the City staff and we immediately met with Mr. Armstrong on Friday and we asked what exactly was required, and what they would need to see in the form of engineering. At that meeting we were given a template that the Elgin engineering staff uses, a WB40 template, that was given to us by Mr. Armstrong. The following Wednesday we met with Mr. Armstrong with the entire engineering redrawn, basically to the specifications of moving the corner, which was the Council's wishes to have the entrance farther from the corner. To provide the necessary backing capability. I think there is a little confusion. They are not looking for heavy user diesel truck traffic. The problem of the backing in the site size for the diesel trucks is for the refueling delivery trucks to get in and out safely to deliver the fuel to the site. They do intend to have diesel fuel for diesel trucks to purchase, but that is not an emphasis on a heavy use for that nature. One week later we provided him a complete set of engineering plans and he suggested that they would not have to go to City engineering staff for approval. We have heard nothing from it, assuming that we had done exactly what would be required for the City to consider, and not having heard anything back from them, we thought we met with what was required. 173 VOLUME LIV We hope that someone is here from engineering to explain where they arrived at the backing all the way across Franklin, because quite frankly we can not see how that is possible. We believe that the site to be negotiated by the semi - truck that delivers the fuel and by any other semi -truck can be done without backing out onto any street, Dundee or on to Franklin, and we believe that the semi -truck does not need to span two lanes to ingress or egress this site. Councilman Walters: If this is truly as it is being described, I don't want to have a trial of the issue right now. Mel has not seen this yet, I would almost prefer it to be everyone dealing on the same level, I would like to defer this to the next meeting, I think we all want to be on the same basis. James Johnston: We are most happy to do that and as I have said that is what we thought we were doing. I think that they can ascertain that this is the template that they provided us and your engineering staff can ascertain that this engineering is based on that template. Jim Cook: The person that you talked to is not here and none of us can really respond. Mayor VanDeVoorde: We are in a difficult position because we have a lot of confidence in our staff and their recommendations, and we would tend to go along with those. I think it would do well for you to meet with our staff and resolve these questions. James Johnston: We fully intend to do that and I submit to you that we thought we were doing it this time and we see a non -recommendation based on several engineering objections. Councilman Fox: For the record I don't care whether a truck can turn there out of there and it made no difference to me two weeks ago. I don't think this is an appropriate place and needed use. According to the standards for special use, I am going to oppose putting a gas station, a mini -mart and eventually a liquor store in that location. Councilman Walters made a motion, seconded by Councilwoman Moylan to table Petition 7-89 for two weeks. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 174 PETITION 15-89 REQUESTING A REZONING FROM R-4 GENERAL RESIDENCE DISTRICT TO R-2 SINGLE FAMILY RESIDENCE DISTRICT AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS THE GLENS OF COLLEGE GREEN BY PULTE HOME CORPORATION APPpnvpn Roger Dahlstrom: There are unresolved issues with respect to Petition 15-89, specifically, improvements to Bowes Road, the Bowes Road Interceptor Sewer and the McLean/Bowes Watermains. Councilman Walters: I move for approval of Petition 15- 89, subject to the conditions recommended by the Land Use Committee. Councilwoman Popple: Second. Tim Hernandez, Pulte Home Corporation: I think our concerns are as follows: We understand the City policy to charge road improvements on the basis of front footage. The roadway capacity of Bowes Road is 14,000 vehicles per day. We will generate 2300 trips per day on to Bowes Road. The amount of money that the residents of this subdivision will be asked to pay toward the improvements on Bowes Road are disproportional. I am not saying that this subdivision is any different from any other subdivisions that have been proposed to which that policy has been applied. I am simply saying that police is not an equitable policy and it deserves review. With respect to the watermain issue, there was a statement made in the staff report that it was necessary for our development to go forward for this watermain to be extended. We have a twelve inch main coming down from College Green, we have an eight inch main coming down from College Green. What we are objecting to here, acknowledging that this is a recapturable item, we will ultimately get our money back, again this is a upfront cost, with no timing as to when the reimbursement will take place. Given the fact that there is a substantial amount of vacant acreage along McLean and Bowes, and we always contemplated putting in the watermain along Bowes, adjacent to our property, and given the fact that we have a technical report that has been prepared, which we believe concludes quite clearly that this additional extension is unnecessary to serve our development. The third item, the sanitary sewer, we have always contemplated the extension of the Bowes Road interceptor up McLean along our property. The Sanitary District is telling us they would like us to take approximately two-thirds to three-quarters of our site north through the College Green system, leaving only a quarter of our site to go into this interceptor. 175 VOLUME LIV We have agreed that we should pay for up to 27 inches of that cost, again we acknowledge that it will be reimbursed. What we would like in this case, is for some kind of cost sharing arrangement to be considered between us, the City, and the Sanitary District, for the sizing that is deemed necessary above the 27 inch. These three items together will cost over a million dollars. I think that is an extreme burden to place on a two hundred unit subdivision. I have two questions. Can we assume from all that you have just said that when you do get this money back you are going reimburse the property owners, for the money that you are going to charge them upfront to pay for this. Tim Hernandez: No, we won't do that, the risk is ours to take as to whether anyone will but the units or not. Councilman Fox: So when you sell them for this extra money that is going to cover all of this, when you get the reimbursement check that is Pulte's profit. So really that is a decision your corporation has made. Second of all, and I would like to make an amendment to the motion, if it is agreeable to you, the last time you proposed something you agreed to a 1200 square foot minimum on the size of the houses. Would you be willing to do that again. Tim Hernandez: Sure. Councilman Fox: I would like to amend the motion to include that addition. Councilwoman Popple: Second. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Gilliam. Jim Cook: There are three different issues. As far as the road is concerned there would be no reimbursement to the company. We are asking for the contribution of the estimated cost of one lane across their property along the road. They did not come before the Board and complain when they got the short side of the bigger piece of property to the north as far as road contributions, in fact the road contribution is going against the commercial property. They had the short side of the property and they got by with a very short piece of road for about 600 units. As far as the sewer is concerned we presently have a developer meeting with the staff right now for the property immediately to the west, who's major concern is that Pulte will not VOLUME LIV 176 put the sewer in fast enought, and who may be in a position to come and offer to put the sewer in and you can reimburse them for only your share of it, and they will fund the sewer. As far as the water is concerned, the sewer is structered for the ultimate development in the area to the west. This Council has only in two instances participated both in the sewers, the sewer that went up Big Timber and that was to open up an area for light manufacturing for development of tax base and not for single family development, which we think this is primarily going to serve. As far as water is concerned there are other properties benefitted from other people extending major water lines. The water study that you are going to have at the next meeting will show a water tower to be located at the corner of Bowes and Randall Road, we have to have the waterline going down Randall Road all the way from the north, tied back in and feeding. In order to get the water and service that will provide adequate fire protection and pressure to their property our consultants are telling us that as that land develops we have to have a water tower out there. Mayor VanDeVoorde: If there is no further discussion by the Council, will the Clerk call the roll. Yeas: Councilmen Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilmen Fox and Gilliam. PETITION 17-89 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND R-4 GENERAL RESIDENCE DISTRICT TO R-3 TWO FAMILY RESIDENCE DISTRICT PROPERTY LOCATED BETWEEN BODE ROAD AND EAST CHICAGO STREET, ADJACENT TO LOVELL ROAD EXTENDED BY PHILLIP J. SCILABRA -- APPROVED Councilwoman Moylan made a motion, seconded by Councilwoman Shales to approve Petition 17-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 177 VOLUME LIV PETITION 20-89 REQUESTING ANNEXATION AND R-2 SINGLE FAMILY RESIDENCE DISTRICT ZONING OF A SURROUNDED AREA, PROPERTY LOCATED ALONG ROYAL BOULEVARD, BETWEEN EAGLE HEIGHTS SUBDIVISION AND VALLEY CREEK SUBDIVISION -- APPROVED Councilman Walters made a motion, seconded by Councilman Fox to approve Petition 20-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. MEMORANDUM REQUESTING A PUBLIC HEARING DATE OF MAY 10, 1989 FOR A PROPOSED ANNEXATION AGREEMENT FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS HIGHLAND SPRINGS ADDITION Councilman Fox made a motion, seconded by Councilwoman Moylan to set May 10, 1989 for a public hearing on the proposed annexation of Highland Springs Addition. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (Farm Colony Property) Councilwoman Popple made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 178 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (Farm Colony Property) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with the Elgin Development Corporation, an Illinois not -for -profit corporation, for the property commonly known as the Farm Colony Property, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: VAa,.��(. s/ Marie Yearm Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF R. J. MUSTARI AND ASSOCIATES, INC. FOR AN ENVIRONMENTAL AUDIT Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 179 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF R. J. MUSTARI AND ASSOCIATES, INC. FOR AN ENVIRONMENTAL AUDIT 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 R. J. Mustari and Associates, Inc. for an environmental audit of the D.H. Martin Petroleum Co. and Roth Surgical properties, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH HINTZ TRUCKING CO. INC. Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV :m RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH HINTZ TRUCKING COMPANY, INC. WHEREAS, Hintz Trucking Company, Inc., an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 Hintz Trucking Company, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A DEDICATION OF EXISTING WATERMAIN AND EASEMENT (North Elgin Industrial Plaza) Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 181 VOLUME LIV RESOLUTION ACCEPTING A DEDICATION OF EXISTING WATERMAIN AND EASEMENT (North Elgin Industrial Plaza) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a Dedication of Existing Watermain and Easement from NBD Trust Company of Illinois, as Trustee under Trust Agreement dated July I, 1988 and known as Trust Number 2628EG, for the property legally described as follows: The West 10 feet of Lot I in the resubdivision of Lot 37 in North Elgin Industrial Plaza, being a subdivision of part of Sections 33 and 34, Township 42 North, Range 8 East of the Third Principal Meridian, according to the Plat aforesaid Subdivision thereof, recorded on September 17, 1973 as Document 1278513, in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Dedication of Existing Watermain and Easement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A DEDICATION OF EXISTING SEWER LINE AND EASEMENT (North Elgin Industrial Plaza) Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 182 RESOLUTION ACCEPTING A DEDICATION OF EXISTING SEWER LINE AND EASEMENT (North Elgin Industrial Plaza) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,, that it hereby accepts a Dedication of Existing Sewer Line and Easement from NBD Trust Company of Illinois, as Trustee under Trust Agreement dated April I, 1988 and known as Trust Number 2612EG, for the property legally described as follows: The East 10 feet of Lot 38 in North Elgin Industrial Plaza, being a subdivision of part of Sections 33 and 34, Township 42 North, Range 8 East of the Third Principal Meridian, according to the Plat aforesaid Subdivision thereof, recorded on September 17, 1973 as Document 1278513, in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Dedication of Existing Sewer Line and Easement hereby accepted to ba-- recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE A PORTION OF STATE ROUTE 25 FOR ELGIN YOUTH FEST PARADE Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 183 VOLUME LIV RESOLUTION REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE A PORTION OF STATE ROUTE 25 FOR ELGIN YOUTH FEST PARADE WHEREAS, the Steering Committee of the Parks and Recreation Board has applied for and received permission from this Council to stage its Elgin Youth Fest Parade on Sunday, May 7, 1989, from 2:00 p.m. until 3:30 p.m., conditioned upon securing permis- sion from the Illinois Department of Transportation to close a portion of State Route 25 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes. It is further agreed that an efficient, all weather detours will be maintained and conspicuously marked for the benefit of traffic deviated from the state routes. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Jz-m-� s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING CHUCK CASSELL TO THE FOX RIVER TASK FORCE Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 184 RESOLUTION APPOINTING CHUCK CASSELL TO THE FOX RIVER TASK FORCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Chuck Cassell be and is hereby appointed as a member of the Fox River Task Force. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED ADOPTING A WATER SERVICE INSTALLATION POLICY Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 185 VOLUME LIV RESOLUTION ADOPTING A WATER SERVICE INSTALLATION POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts a Water Service Installation Policy dated March 22, 1989 as the City of Elgin's policy for the installation of water services, a copy of which is attached. George Van eVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nayso Recorded: Attest: _s/ Marie Y arman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF ECONOMICS RESEARCH ASSOCIATES FOR MARKET RESEARCH Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 186 RESOLUTION ACCEPTING THE PROPOSAL OF ECONOMICS RESEARCH ASSOCIATES FOR MARKET RESEARCH 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 Economics Research Associates for a market analysis of Area K, the Farm Colony Site, and Downtown Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH MUSIC THEATRE INTERNATIONAL FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution., Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 187 VOLUME LIV RESOLUTION AUTHORIZING AN AGREEMENT WITH MUSIC THEATRE INTERNATIONAL FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Music Theatre International for the production of West Side Story for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH MUSIC THEATRE INTERNATIONAL FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION AUTHORIZING AN AGREEMENT WITH MUSIC THEATRE INTERNATIONAL FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Music Theatre International for the production of Tintypes for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CHILDREN'S THEATRE Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 189 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CHILDREN'S THEATRE 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 an agreement on behalf of the City of Elgin with the Elgin Children's Theatre for the production of Winnie the Pooh, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: LL—,q-� s/ Marie Y arman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CHILDREN'S THEATRE Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 190 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CHILDREN'S THEATRE 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 an agreement on behalf of the City of Elgin with the Elgin Children's Theatre for the summer workshop program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELGIN COMMUNITY COLLEGE Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 191 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELGIN COMMUNITY COLLEGE 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 an agreement on behalf of the City of Elgin with Elgin Community College to co-sponsor the summer theatre program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: ola�� : s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING THE 1989 ANNUAL OPERATING PLAN OF ROAD MATERIALS CORPORATION FOR GRAVEL EXTRACTION AND REHABILITATION UPON CERTAIN PROPERTY OWNED BY THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 192 RESOLUTION APPROVING THE 1989 ANNUAL OPERATING PLAN OF ROAD MATERIALS CORPORATION FOR GRAVEL EXTRACTION AND REHABILITATION UPON CERTAIN PROPERTY OWNED BY THE CITY OF ELGIN WHEREAS, the City of Elgin is an Illinois Municipal Corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, Elgin is the owner of certain real property upon which it has been determined that there exists various gravel deposits (hereafter property); and WHEREAS, Road Materials Corporation is a corporation organized and registered under the laws of the State of Delaware and is licensed to transact business in the State of Illinois; and WHEREAS, Elgin and Road Materials Corporation have previously entered into an agreement to permit the extraction of gravel and rehabilitation of the property by Road Materials Corporation (hereafter referred to as the agreement); and WHEREAS, pursuant to said agreement, Road Materials Corporation is required to submit an annual operating plan for the review and approval of the City Council of the City of Elgin; and WHEREAS, Road Materials Corporation has submitted a plan which has been reviewed and approved by the City of Elgin Park and Reclamation Commission; and WHEREAS, said plan has also been reviewed by the City Council of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves and accepts the 1989 annual operating plan of Road Materials Corporation dated January 26, 1989 for gravel extraction and rehabilita- tion of the property (a copy of said plan is attached hereto and made a part hereof by reference). Approval is subject to compliance with the terms and provisions of the agreement as well as relevant laws and statutes. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: o_%_L,PJ � s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KERNAL Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales and Mayor VanDeVoorde. Nays: None. 193 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KERNEL 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 an agreement on behalf of the City of Elgin with The Kernel for concession services at the Elgin Softball Complex, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s/ Marie Yuman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KERNEL Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 194 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KERNEL 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 an agreement on behalf of the City of Elgin with The Kernel for concession services at Wing and Lord's Park swimming pools, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AMENDING THE CITY PERSONNEL RULES AND REGULATIONS Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 195 VOLUME LIV RESOLUTION AMENDING THE CITY PERSONNEL RULES AND REGULATIONS WHEREAS, in the considered opinion of the City Council of the City of Elgin, Illinois, it is fit and proper and in the best interest of the community that the Personnel Rules and Regulations, identifying personnel practices and policies, be, from time to time reviewed and amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following policies be and are hereby revised: Rule XI, Section 6. Auto Allowances. That the reimbursed allowance be established at the rate of .22 mile. Rule XI, Section 7. Professional Conference Attendance. That the reimbursed per diem meal allowance be established at $24.00. Section 2. That all resolutions or parts thereof in conflict with the provisions of this resolution are hereby repealed. Section 3. That the City Manager is hereby authorized and directed to have all references revised on the Personnel Rules and Regulations. c George VAnr)PVnnrrlP George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: _s Marie Ye�rman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH WALKER PARKING CONSULTANTS/ENGINEERS, INC. FOR THE WIDENING OF NORHT McLEAN BOULEVARD Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 196 RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH WALKER PARKING CONSULTANTS/ENGINEERS, INC. FOR THE WIDENING OF NORTH McLEAN BOULEVARD WHEREAS, the City of Elgin has heretofore entered into a contract with Walker Parking Consultants/Engineers, Inc. for the widening of North McLean Boulevard from Big Timber Road to 1-90; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. I, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute Change Order No. I, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 7 Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 197 VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Malloy & Associates, Ltd. dated November 21, 1988 and amended April 6, 1989 for Cobbler's Crossing Unit 7. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: �AJ s/ Marie Ye an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 8 Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 8 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Malloy & Associates, Ltd. dated November 21, 1988 and amended April 6, 1989 for Cobbler's Crossing Unit 8. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 9 Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 199 VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 9 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Malloy & Associates, Ltd. dated November 21, 1988 and amended April 6, 1989 for Cobbler's Crossing Unit 9. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT II Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV ►I ieff RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT I I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Malloy & Associates, Ltd. dated November 21, 1988 and amended April 6, 1989 for Cobbler's Crossing Unit 11. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: t/ s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Randall and WinHaven Dr. Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 201 VOLUME LIV Ordinance No.S8-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Northwest Corner of Randall Road and WinHaven Drive) 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: Lots 7, 8 and 9 and Outlot "A" in Block 9 of Fourth Addition to Almora Heights, excepting that part thereof dedicated for highway purposes by Document Number 380361 (affects Lot 9 and Outlot "A") and Document Number 1151904 (affects Outlot "A"), in the Township of Elgin, Kane County, Illinois. Section 2. That a certified copy of this ordinance together with an 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 is passage as provided by law. George Van eVoorde, Mayor VOLUME LIV Presented: April 12, 1989 Passed: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: _s/ Marie Yecirman Marie Yearman, City Clerk 202 ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Randall Road & WinHaven Dr. Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 203 VOLUME LIV Ordinance No. G31-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Northwest Corner of Randall Road and WinHaven Drive) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-2 Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 R-2 Single Family Residence District, the following described property: Lots 7, 8 and 9 and Outlot "A" in Block 9 of Fourth Addition to Almora Heights, excepting that part thereof dedicated for highway purposes by Document Number 880361 (affects Lot 9 and Outlot "A") and Document Number 1151904 (affects Outlot "A"), in the Township of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: April 12, 1989 Passed: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Marie Yearman, City Clerk 204 ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1425,1435 and 1455 Summit Street) Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 205 VOLUME LIV Ordinance No. S9-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1425, 1435 and 1455 Summit Street) 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: That part of the Southwest Quarter of Section 8, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Southeast corner of said Southwest quarter; thence South 88 degrees 01 minutes West along the South line of said Southwest quarter, a distance of 752.30 feet for the place of beginning; thence con- tinuing South 88 degrees 01 minutes West along said South line, a distance of 609.0 feet to the Easterly line of Commonwealth Edison Company right of way; thence North 00 degrees 41 minutes East along said Easterly line, a distance of 364.2 feet to the Southerly line of State Route 58; thence North 89 degrees 00 minutes East along said Southerly line, a distance of 40.02 feet to the Easterly line of Commonwealth Edison Company right of way; thence North 00 degrees 41 minutes East along said Easterly line, a distance of 100.04 feet to the Northerly line of State Route 58; thence North 89 degrees 00 minutes East along said Northerly line, a distance of 567.98 feet; thence South 00 degrees 41 minutes West, a distance of 452.49 feet to the place of beginning. Being situated in Hanover Township, Cook County, Illinois. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Cook County, Illinois. VOLUME LIV 206 Section 3. That this ordinance shall be in full force and effect from and after is passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Passed: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A SKILLED CARE NURSING FACILITY (1425, 1435 AND 1455 SUMMIT STREET) Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 207 VOLUME LIV Ordinance No. G32-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A SKILLED CARE NURSING FACILITY (14259 1435 and 1455 Summit Street) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the B-4 General Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 sarne 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-4 General Residence District, the following described property: That part of the Southwest Quarter of Section 8, Township 41 North, Range 9 East of the Third Principal {Meridian described as follows: Commencing at the Southeast corner of said Southwest quarter; thence South 88 degrees 01 minutes West along the South line of said Southwest quarter, a distance of 752.30 feet for the place of beginning; thence con- tinuing South 88 degrees 01 minutes West along said South line, a distance of 609.0 feet to the Easterly line of Commonwealth Edison Company right of way; thence North 00 degrees 41 minutes East along said Easterly line, a distance of 364.2 feet to the Southerly line of State Route 58; thence North 89 degrees 00 minutes East along said Southerly line, a distance of 40.02 feet to the Easterly line of Commonwealth Edison Company right of way; thence North 00 degrees 41 minutes East along said Easterly line, a distance of 100.04 feet to the Northerly line of State Route 58; thence North 89 degrees 00 minutes East along said Northerly line, a distance of 567.98 feet; thence South 00 degrees 41 minutes West, a distance of 452.49 feet to the place of beginning. Being situated in Hanover Township, Cook County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. VOLUME LIV N Section 3. That a special use for a skilled nursing care facility for the property legally described as follows: That part of the Southwest Quarter of Section 8, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Southeast corner of said Southwest quarter; thence South 88 degrees 01 minutes West along the South line of said Southwest quarter, a distance of 752.30 feet for the place of beginning; thence con- tinuing South 88 degrees 01 minutes West along said South line, a distance of 609.0 feet to the Easterly line of Commonwealth Edison Company right of way; thence North 00 degrees 41 minutes East along said Easterly line, a distance of 364.2 feet to the Southerly line of State Route 58; thence North 89 degrees 00 minutes East along said Southerly line, a distance of 40.02 feet to the Easterly line of Commonwealth Edison Company right of way; thence North 00 degrees 41 minutes East along said Easterly line, a distance of 100.04 feet to the Northerly line of State Route 58; thence North 89 degrees 00 minutes East along said Northerly line, a distance of 567.98 feet; thence South 00 degrees 41 minutes West, a distance of 452.49 feet to the place of beginning. Being situated in Hanover Township, Cook County, Illinois. is hereby granted subject to the following terms and conditions: I. Compliance with the terms and conditions of the annexation agreement. 2. Substantial conformance to the site plan dated October 24, 1988. 3. Compliance with all other applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Passed: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk 209 VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $47,143.30 February 17 to March 16, 1989 Refuse Charges. Elgin Courier News 2,917.49 March advertising. Lincoln Land Community College International Salt Co. Boncosky Oil Co. Union Oil Co. Ramm Sports All Star Industries Green Valley Golf Range Transfer Pass IKG Borden Book Publishing Seyfarth, Show, etc. Great Lakes Fire Equipment Kirwan Trane Motion Control Industries Neighborhood Housing Service Neighborhood Housing 2,724.18 Police Training. 8,598.95 Highway Rock Salt. 6,369.85 Purchase of gasoline. 4,114.94 Purchase of Diesel Fuel. 2,939.54f Golf supplies 2,109.97 Golf Supplies 2,700.00 Purchase of golf balls. 5,405.40 Fox Trot T-shirts. 1,506.00 Wing Park Pool Equipment 2,208.14 Updating Code. 4,348.79 Legal Services 1,589.00 Firefighter clothing 4,804.95 Maintenance for heating/ Air conditioning. 1,682.40 Misc. bus parts. 1,325.00 2nd quarter payment Services 39,750.00 4 escrow accounts. Camille Reyes $100,000.00 Settlement of Reyes v City of Elgin. Councilman Gilliam made a motion, seconded by Councilwoman Popple to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 210 REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery Reports for December, 1988, January, 1989 and February, 1989. Transportation Operations Report for February, 1989 Disbursements for the month of March. Water Department report for March, 1989. Building permit report for March, 1989 Committee of the Whole Meeting Minutes for March 22,1989 Budget summary for period ending March 15, 1989. Councilman Gilliam made a motion, seconded by Councilman Fox to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (1425, 1435 AND 1455 Summit Street) Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 211 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (1425, 1435 and 1455 Summit Street) 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 12, 1989 Adopted: April 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: ,�,/ Marie Yearman .Marie Yearman, City Clerk C VOLUME LIV RECOGNIZE PERSONS PRESENT 212 Mr. Baldwin from Watch Court thanked the Council for the removal of the Basketball equipment in Observatory Park. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forth coming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adjourn the Council Meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 9:00 p.m. Marie Yearm City Clerk VOLUME LIV April 26, 1989 213 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 April 26, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDevoorde. The Invocation was given by Reverend Martin Balzer, and the Pledge of Allegiance was led by Councilwoman Shales. nnr 7 n T r T Roll call was answered by Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: Councilman Gilliam. MINUTES OF THE APRIL 12, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilwoman Moylan to approve the April 12, 1989 Council Minutes as published. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR 8 TRUCKS FOR VARIOUS DEPARTMENTS Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid to the low bidders, as follows: To Currie Motors for a total bid price of $66,866.00 for five vehicles. To Bigger Chevrolet for a total bid price of $23,623.00 for two vans. To Schmerler Ford for a total bid price of $9,973.00 for one pickup truck. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR WINDOW WASHING SERVICES Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, R-U-Ready Window Cleaning, for a total amount of $9,704.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 214 VOLUME LIV BID AWARDED FOR SPORTS COMPLEX SHELTER Councilwoman Shales made a motion, seconded by Councilman Walters to award this bid to the low bidder, Northwest Contractors Inc., for a total amount of $19,022.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING ON FISCAL YEAR 1989 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET Mayor VanDeVoorde: You have before you the items that Council voted upon and at this time I will provide an opportunity for any citizens who would like to comment on the projects as proposed. Jim Cook: At the work session you asked us for information on a possible matching grant to be put for the telephone devices to assist the deaf. We have reviewed that with HUD and they have recommended if you are going to do that kind of a program that it would be better rather than us trying to get into projects with ten different agencies, that we make a sub-receipent grant to Lori Clark and that agency, to administer this and to go out an do the contact work for the grants. It can be done in that way and if you agree we would propose in this public hearing that portion be modified in that way, and that be awarded to them, but to be used on a matching basis. Lori Clark: This is the first we have heard of this, but I think we will be agreeable. Councilwoman Popple: I have some question as to whether or not the Council would be able to sign -off on these, if not, I think we ought to setup some criteria that we think should be followed. I don't think we should be in the position to be granting these to private for profit individuals, or to other taxing bodies. Jim Cook: I believe that the Council motion in the work session was that they were limited to service agencies, United Fund and not -for -profit agencies. Mayor VanDeVoorde: Is there anyone in the audience that would care to speak. -- No response. Councilwoman Moylan made a motion, seconded by Councilman Walters to close the Public Hearing. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION ADOPTED AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 215 Councilman Walters: I will make a motion to sub -allocate the funds to Fox Valley Center -- Jim Cook: Or if they cannot do it, to a separate agency to do that sort of thing. John Walters: The amount of the funds being $2500.00 for distribution in the manner that we have previously set forth in terms of service agencies and not -for -profit agencies. I would further move to approve the remainder of allocations. Councilwoman Popple: Second. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 216 VOLUME LIV RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title I of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of general purpose local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solu- tions to the problems of slum and blight, and housing and neighborhood deterioration may be determined. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Six Hundred and Seventy -Five Thousand Dollars ($675,000). Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk VOLUME LIV 217 PUBLIC HEARING FOR A PROPOSED FIRST AMENDMENT TO THE ANNEXATION AGREMENT FOR WESTFIELD BUSINESS PARK, PROPERTY LOCATED WEST OF RANDALL ROAD BY CMD ELGIN ASSOCIATES Roger Dahlstrom: The purpose of the Public Hearing tonight is a minor amendment to the annexation agreement, in fact, removing the reference to another preliminary plan which is associated with the first annexation agreement and placing that with the new preliminary plat. It is the only element of the annexation agreement that is proposed for revision at this time. Councilman Fox: Last week we discussed the Fox Lane extended concept, regarding the other side of Randall Road. What impact does that have on this, if none. Roger Dahlstrom: None. Jim Cook: Basically what this accomplishes is they have developments proposed that wish to have a larger amount of land in the original plat, and a different configuration of roadway. The major concern that I had in reviewing it was the impact of moving the sewers and utilities that extend to the north boundaries of this property, and our staff is convinced that we will be able to have the depth on those utilities so that the same amount of land to north of there can be developed at some future time. I think it is essential that we not put a choke hold on the future. They have a very good potential client to take this up and it will be no detriment to the City. They have, in fact, started the Fox Lane portion of this, that roadway is in, and all that south side does not change at all. This is just the north. Mayor VanDeVoorde: Is there anyone in the audience that would care to speak to this matter. -- No response. Councilwoman Shales made a motion, seconded by Councilwoman Popple to close the Public Hearing. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 218 VOLUME LIV PETITION 21-89 REQUESTING APPROVAL OF AN AMENDMENT TO AN ANNEXATION AGREEMENT, A PLAT OF VACATION, AND A PRELIMINARY PLAT TO RESUBDIVIDE PROPERTY IN WESTFIELD BUSI- NESS PARK, PROPERTY LOCATED WEST OF RANDALL ROAD BY CMD ELGIN ASSOC. Councilwoman Moylan made a motion, seconded by Councilman Walters to approve Petition 21-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 7-89 REQUESTING A B-3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION, PROPERTY LOCATED AT 270-282 DUNDEE AVENUE AND 285-289 FRANKLIN ST. Mayor VanDeVoorde: I have been contacted by various members of the Council and it would be my recommendation that this item not be removed from the table. No response. PETITION 28-89 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO M-1 LIMITED MANUFACTURING DISTRICT, PROPERTY LOCATED ON THE EAST SIDE OF SOUTH McLEAN BLVD., SOUTH OF SPARTAN DRIVE Councilman Fox: In reading this on Page 2, it says "generated from proposed development onto Randall Road," is that supposed to be McLean. Jim Cook: Yes. Councilwoman Popple made a motion, seconded by Councilwoman Moylan to approve Petition 28-89. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. MEMORANDUM REQUESTING A PUBLIC HEARING DATE OF MAY 25, 1989 FOR A PROPOSED SECOND AMEND- MENT TO THE ANNEXATION AGREEMENT FOR PROPERTY LOCATED EAST OF RANDALL ROAD BY CMD ELGIN Councilwoman Shales made a motion, seconded by Councilman Fox to approve the above mentioned Public Hearing date. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 219 MEMORANDUM REQUESTING A PUBLIC HEARING DATE OF MAY 25, 1989 FOR A PROPOSED ANNEXATION AGREEMENT FOR PROPERTY LOCATED ALONG RANDALL ROAD AND FOX LANE, TEEPLE AND THRUN PROPERTY Councilman Walters made a motion, seconded by Councilwoman Moylan to approve the above mentioned Public Hearing date. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED RECLASSIFYING PROPERTY NORTH OF BOWES ROAD AND WEST OF McLEAN Councilwoman Popple made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Fox. 220 VOLUME LIV Ordinance No. G33-89 AN ORDINANCE RECLASSIFYING PROPERTY NORTH OF BOWES ROAD AND WEST OF McLEAN BOULEVARD WHEREAS, written application has been made to reclassify certain property located north of Bowes Road and west of McLean Boulevard from R-4 General Residence District to R-2 Single Family Residence District; and WHEREAS, the Land Use Committee has: conducted a public hearing after due notice and submitted its written findings and recommendations to. the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in th&!ZAakaj.E4sftla, MGP4-4&, amended, be and are hereby altered by excluding from the R-4 General Residence District and including in the R-2: Single Family Residence District, the following described property: BY PULTE HOME CORPORATION, 25OU WEST HIGGINS ROAD, SUITE 770,-HOFFMAN ESTATES" AS APPLICANT AND OWNER, REQUESTING REZONING FROM R-4 GENERAL RESIDENCE DISTRICT TO R-2 SINGLE FAMILY RESIDENCE DISTRICT, AND PRELIMINARY PLAN APPROVAL, PROPERTY LEGALLY DESCRIBED AS: PARCEL 1 : THAT PART OF THE EAST HALF OF SECTION 28, TOWNS 41 NORTH, RANGE. 8,. nST' OF TRE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 89 IN ELGIN ESTATES UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 20, 1959 AS DOCUMENT 887329; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LOT 89 AFORESAID, 9.18 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH LINE EXTENDED WESTERLY OF ELGIN ESTATES UNIT NO. 1 AFORESAID, 1632.46 FEET TO A POINT FOR THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE *OR;TH.ERLY ALONG A LINE THAT FORMS AN ANGLE OF 91 DEGREES 41 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 170.55 FEET; THENCE WESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 91 DEGREES 20 MINUTES 30 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 1319.38 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 28; THENCE SOUTR ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE EAST ALONG THE SOUTH LINE OF SA.T_D NORTHEAST QUARTER TO THE VOLUME LIV 221 EAST LINE OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER, THENCE NORTH ALONG SAID EAST LINE 1148.42 FEET TO AN INTERSECTION WITH SAID LINE DRAWN PARALLEL WITH THE NORTH LINE OF ELGIN ESTATES UNIT NO. 1; THENCE WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 9.17 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE WEST HALF OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT NORTHWEST CORNER OF LOT 89 IN ELGIN ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 20, 1959 AS DOCUMENT NO. 887329; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LOT 89 AFORESAID, 9.18 FEET FOR THE POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH THE NORTH LINE EXTENDED WESTERLY OF ELGIN ESTATES, UNIT NO. 1, AFORESAID, 1623.29 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28 AFORESAID; THENCE SOUTH ALONG SAID EAST LINE AND SAID EAST LINE EXTENDED SOUTH, 1161.64 FEET TO THE CENTER LINE OF BOWES ROAD; THENCE SOUTHEASTERLY ALONG SAID- CENTER LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 8176.16 FEET, A DISTANCE OF 309.13 FEET; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE BEING TANGENT TO THE LAST DESCRIBED CURVE, 532.03 FEET TO A POINT OF CURVE IN SAID CENTER LINE; THENCE EASTERLY ALONG SAID CENTER LINE BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3822.39 FEET, A DISTANCE OF 627.03 FEET; THENCE EASTERLY ALONG SAID CENTER LINE BEING TANGENT TQ THE LAST DESCRIBED CURVE 105.97 FEET TO THE SOUTHWEST CORNER OF ELGIN ESTATES, UNIT NO. 1; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID UNIT NO. 1, 339.78 FEET TO THE NORTHWEST CORNER OF LOT 32 OF SAID UNIT NO. 1; THENCE NORTHEASTERLY 75.65 FEET TO THE SOUTHWEST CORNER OF LOT 33 OF SAID UNIT NO. 1, THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 33, 160.0 FEET TO THE NORTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 33, 33.0 FEET TO THE SOUTHWEST CORNER OF LOT 62 OF SAID UNIT NO. 1; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 62, 160.0 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTHWESTERLY 69.25 FEET TO THE SOUTHWEST CORNER OF LOT 63 OF SAID UNIT NO. 1; THENCE NORTHERLY ALONG THE WESTERLY LINE OF LOTS 63 AND 69 OF SAID UNIT NO. 1, 320.0 FEET TO THE NORTHWEST CORNER OF SAID LOT 69; THENCE NORTHEASTERLY 69.25 FEET TO THE SOUTHWEST CORNER OF LOT 89 OF SAID UNIT NO. 1; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 89, 150.82 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF BOWES ROAD, BEING 33 FEET NORTHERLY OF THE CENTER LINE OF SAID ROAD, WITH THE EXTENSION SOUTHERLY OF THE WESTERLY LINE OF LOT 29 OF ELGIN ESTATES, UNIT NO. 1, THENCE NORTHERLY ALONG THE EXTENSION OF AND THE WESTERLY LINE OF LOTS 29, 30, 31 AND 32 OF UNIT NO. 1, 306.78 FEET TO THE NORTHWEST CORNER OF SAID LOT 32; THENCE WESTERLY ALONG THE 222 VOLUME LIV EXTENSION OF THE NORTHERLY LINE OF SAID LOT 32, 88.10 FEET TO A POINT OF CURVE; THENCE WEST AND NORTHWEST ON A CURVED LINE, SAID CURVE BEING CONVEX TO THE SOUTHWEST AND HAVING A RADIUS OF 189.78 FEET, A DISTANCE OF 119.67 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHWESTERLY ON A CURVE LINE, SAID CURVE BEING CONVEX TO THE NORTHEAST AND HAVING A RADIUS OF 189.78 FEET, A DISTANCE OF 56.56 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF LOTS 32, 31, 30 ANU 29 OF SAID UNIT NO. 1 AND SAID LINE EXTENDED 368.70 FEET TO THE NORTHERLY LINE OF SAID BOWES ROAD; THENCE EASTERLY ALONG SAID NORTHERLY LINE 249.63 FEET TO THE POINT OF BEGINNING AND ALSO EXCEPT THAT PART CONVEYED TO GRACE EVANGELICAL CHURCH OF ELGIN BY WARRANTY DEED RECORDED OCTOBER 22, 1973 AS DOCUMENT NUMBER 1281405 AND ALSO EXCEPT THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE WEST LINE OF THE EAST 1/2 OF SAID NORTHEAST 1/4, 232.55 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4; THENCE EAST ON A LINE FORMING AN ANGLE OF 90 DEGREES 30 MINUTES AS MEASURED FROM SOUTH TO EAST WITH THE LAST DESCRIBED LINE, A DISTANCE OF 600 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED; THENCE CONTINUING EAST TO THE LAST DESCRIBED LINE 165 FEET; THENCE SOUTH AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 140 FEET, THENCE WEST 165 FEET; THENCE NORTH 140 FEET TO THE POINT OF BEGINNING; ALSO EXCEPT THAT PART SECTIONS 27 AND 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 89 IN ELGIN ESTATES UNIT NO. 1, BEING A SUBDIVISION OF PART OF SAID SECTION 27, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 89, 9.18 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID WEST LINE, 150.82 FEET TO THE SOUTHWEST CORNER OF SAID LOT 89; THENCE SOUTHWESTERLY 69.25 FEET TO THE NORTHWEST CORNER OF LOT 69 IN SAID ELGIN ESTATES UNIT NO. 1, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 69 AND ALONG THE WEST LINE OF LOT 63 IN SAID ELGIN ESTATES UNIT NO. 1, 320.0 FEET TO THE SOUTHWEST CORNER OF SAID LOT 63;' THENCE SOUTHEASTERLY 69.25 FEET TO THE NORTHWEST CORNER OF LOT 62 IN SAID ELGIN ESTATES UNIT NO. 1; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 62, 160.0 FEET TO THE SOUTHWEST CORNER OF SAID LOT 62; THENCE WESTERLY ALONG THE NORTH LINE OF LOT 33 IN SAID ELGIN ESTATES UNIT NO. 1, 33.0 FEET TO THE NORTHWEST CORNER OF SAID LOT 33; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 33, 160.0 FEET TO THE SOUTHWEST CORNER OF SAID LOT 33; THENCE SOUTHWESTERLY 75.65 FEET TO THE NORTHWEST CORNER OF LOT 32 IN SAID ELGIN ESTATES UNIT NO. 1; THENCE WESTERLY ALONG THE NORTH LINE EXTENDED WESTERLY OF SAID LOT 32, 88.10 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A VOLUME LIV 223 RADIUS OF 189.78 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, 119.67 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 189.78 FEET AND BEING TANGENT TO THE LAST DESCRIBED CURVE, 119.83 FEET; THENCE WESTERLY TANGENT TO THE LAST DESCRIBED CURVE, 44.58 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 90 DEGREES 17 MINUTES 43 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 367.68 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BOWES ROAD; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3743.28 FEET, THE CHORD OF SAID CURVE FORMS AN ANGLE OF 93 DEGREES 49 MINUTES 39 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 66.01 FEET; THENCE NORTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 86 DEGREES 10 MINUTES 21 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE CHORD OF THE LAST DESCRIBED CURVE-, 367.42 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 378.69 FEET AND BEING TANGENT TO THE LAST DESRIBED COURSE 547.46 FEET; THENCE NORTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 48 DEGREES 35 MINUTES 06 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE CHORD OF THE LAST DESCRIBED CURVE, 163.93 FEET; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 31 DEGREES 05 MINUTES 55 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 152.00 FEET; THENCE NORTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 38 DEGREES 00 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 97.63 FEET; THENCE NORTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 19 DEGREES 50 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 169.65 FEET TO A LINE DRAWN WESTERLY PARALLEL WITH THE NORTH LINE EXTENDED WESTERLY OF SAID ELGIN ESTATES UNIT NO. 1 FROM THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID PARALLEL LINE 215 FEET TO THE POINT OF BEGINNING,) IN THE CITY OF ELGIN, LANE COUNTY ILLINOIS (SAID PROPERTY IS LOCATED NORTH OF BOWES ROAD WEST OF MCLEAN BOULEVARD)." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor 224 Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 5 Nays 1 Recorded: Published: Atte st: � s/ Marie Year4at Marie Yearman, City Clerk VOLUME LIV ORDINANCE PASSED RECLASSIFYING PROPERTY LOCATED BETWEEN BODE ROAD AND EAST CHICAGO STREET, ADJACENT TO LOVELL ROAD EXTENDED Councilman Fox: I think we have discussed before, the Lovell Road name, we have two Lovells in Elgin. Would it be appropriate to look at changing the name before it is built and before there are addresses on it. Jim Cook: Yes, there will be no addresses on Lovell Road from this property. Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 225 Ordinance No. G34-89 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED BETWEEN BODE ROAD AND EAST CHICAGO STREET, ADJACENT TO LOVELL ROAD EXTENDED WHEREAS, written application has been made to reclassify certain property located between Bode Road and East Chicago Street, adjacent to Lovell Road extended from R-2 Single Family Residence District and R-4 General Residence District to R-3 Two Family Residence District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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, 19769 as amended, be and the same 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 excluding from the R-2 Single Family Residence District and R-4 General Residence District and including in the R-3 Two Family Residence District, the following described property: That part of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the North- west corner of the Southwest quarter of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East, along the North line of said Southwest quarter, 768.01 feet; thence South I degree 10 minutes 19 seconds East, 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 01 minutes 16 seconds West, 514.00 feet, to the point of beginning; thence continuing South 3 degrees 01 minute 16 seconds West, 120.00 feet; thence South 64 degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 01 minute 16 seconds West, 558.98 feet; thence South 76 degrees 33 minutes 08 seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East, 80.88 feet; thence North 87 degrees 20 minutes 46 seconds East, 495.95 feet, to the West line of Commonwealth Edison property; thence North 10 degrees 00 minutes 41 seconds West, along said West line, 1397.50 feet; thence South 70 degrees 59 minutes 29 seconds West, 291.60 feet; thence South 12 degrees 12 minutes 25 seconds West, 208.00 feet; thence South 56 degrees 01 minutes 16 seconds West, 330.50 feet; thence South 88 degrees 15 minutes 18 seconds West, 40.00 feet; thence North 47 degrees 55 minutes 08 seconds West, 99.00 feet; thence South 53 degrees 19 minutes 44 seconds West, 65.47 feet, more or less, to the point of beginning, all in the City of Elgin, Cook County, Illinois, excepting there- from the Easterly 70.00 feet as measured perpendicular to the Easterly line thereof." 226 VOLUME LIV Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays p Recorded: Published: Attest: s/ arie Year Marie Yearman, City Clerk CONSIDERATION OF A PROPOSAL TO AMEND TITLE 18 OF THE ELGIN MUNICIPAL CODE Councilman Fox: In reading through the transcript there were some concerns expressed regarding the park site contribution and the school site contribution. The concept that was brought up of a enterprise fund, a specific fund for this park site contribution money be set aside so that the money goes directly there and can be accounted for, I am not sure I agree with the principal that it should only be for acquisition, as long it is park improvement for that area, but I do think it may seem warranted, as we do with the water fund, that we do have some special escrow account fund. I would like to look into that. Jim Cook: We do now, all the money from the contributions goes into a specific fund, then during the budget session each year, for example this year, there is an item in general fund revenues, which indicates the amount that is taken from that fund and put in the budget for specific projects that are budgeted in that amount. The School revenues go into a separate fund and then go to the school. Councilman Fox: The section here about the schools and changing the wording on that, I think it is good that we are doing that, we are making it a little bit more enabling for the VOLUME LIV 227 schools to spend the money, still on capital improvements or on acquisition, but with a little bit more latitude. The other thing I just wanted to mention is that there is possibly coming up soon for us to consider the decisions of the Advisory Commission that has a Finance Committee that is writing a model ordinance for all communities in U-46. I am just telling you that so that at some point in the near future we will be getting a copy of that, and dealing with it. So we may be modifying this in the near future. Councilwoman Popple made a motion, seconded by Councilman Walters to approve the aforementioned Proposal. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN APPLICATION TO THE KANE COUNTY DEVELOPMENT ASSISTANCE PROGRAM Councilman Fox: I would like to make a motion, but I would like to amend the wording to read on the application itself "eliminate all truck and change those words to reduce traffic interference. With that I will move to adopt the aforementioned Resolution. Councilwoman Popple: Second. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 228 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN APPLICATION TO THE KANE COUNTY COMMUNITY DEVELOPMENT ASSISTANCE PROGRAM 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 an application to the Kane County Community Development Assistance Program on behalf of the City of Elgin for the redevelopment of the downtown riverfront property, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Royal Blvd., between Eagle Heights and Valley Creek Subdivisions) Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 229 Ordinance No. G35-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Royal Boulevard, between Eagle Heights and Valley Creek Subdivisions) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-2 Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 same 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 R-2 Single Family Residence District, the following described property: That part of Sections 9 and 10 in Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: Parcel 1: Beginning at the Northeast corner of Lot 19 in Andresen Bros. Eagle Heights, Unit No. 7, being a subdivision of part of said Sections 9 and 10; thence Westerly along the North line of said Lot 19 and said North line extended Westerly, a distance of 288.89 feet; thence North, parallel with the East line of said Section 9, 1,292.88 feet; thence West at right angles to the last described course, 48 feet; thence Northeasterly along a line forming an angle of 104 degrees 35 minutes 0 seconds to the right with the prolongation of the last described course, 71.52 feet; thence Northwesterly along a line forming an angle of 40 degrees 13 minutes 0 seconds to the left with the prolongation of the last described course, 26.66 feet to a point on the Southerly line of Lot 15 in Block 16 of said Andresen Bros. Eagle Heights, Unit No. 5, 33.47 feet Northwesterly of the Southeast corner of said Lot 15; thence Southeasterly along the Southerly line of Lots 15, 14, 13 and 12 in said Block 16, 163.53 feet to an angle in the Westerly line of said Lot 12; thence South along the West line of Lots 12, 11, 10, 9, 8, 7, 6 and 5 in said Block 16, 599.70 feet to the Southwest corner of said Lot 5; thence East along the South line of said Lot 5, 142 feet to the Westerly line of Ruth Drive; thence Southerly along said Westerly line, 17.90 feet; thence 230 VOLUME LIV Southerly along said Westerly line, being a curve to the left having a radius of 1,922.48 feet, a distance of 265.07 feet; thence Southerly along said Westerly line, being tangent to the last described curve at the last described point, 168.50 feet; thence Southerly along a tangential curve, concave to the West and having a radius of 1,442.85 feet, 267.23 feet to the Point of Beginning (excepting therefrom all that part of the above described property lying Southerly of the Northerly right-of-way line of Royal Boulevard), containing in all 3.36 acres, more or less. Parcel 2: Beginning at the Northeast corner of Lot 19 in Andresen Bros. Eagle Heights, Unit No. 7 being a subdivision of part of said Section 9 and 10; thence Westerly 18d.41 feet along the North line of said Lot 19 to the Northwest corner thereof; thence Southerly, 462.46 feet along the West lines of Lots 19 ane 18 in said Andresen Bros. Eagle Heights to the South- west corner of said Lot 18; thence Easterly 0.15 feet along the Southerly line of said Lot 18; thence Southerly at right angles to the last described course 181.71 feet to an Easterly line of Valley Creek, Unit No. 9, being a subdivision of part of said Sections 9 and 10; thence Northwesterly, 86.22 feet along said East line of Valley Creek, Unit No. 9; thence Northwesterly 43.10 feet along said East line of Valley Creek, Unit No. 9, at an angle of 147 degrees 31 minutes 00 seconds measured counterclockwise from the last described course; thence Northerly 894.61 feet along said Easterly line of Valley Creek, Unit No. 9, said Easterly line being parallel with the Easterly line of said Section 9, to the Southerly right-of-way line of Royal Boulevard; thence Easterly 151.27 feet along the Southerly right-of-way line of said Royal Boulevard, said line being a 2,140.00 foot radius curve, concave to the North; thence continuing Easterly along said Southerly right-of-way line on a line tangent to the last described curve, 118.35 feet to the intersection of the Southerly right-of-way line of Royal Boulevard and the Westerly right-of-way line of Ruth Boulevard; thence Southerly 88.50 feet along the Westerly right-of-way line of said Ruth Drive to a Point of Curvature; thence continuing Southerly on said Westerly right-of- way line 267.23 feet, said line being a tangential curve, concave to the West and having a radius of 1,442.85 feet, to the Point of Beginning, containing in all 3.63 acres, more or less. Parce 1 3: That part of the right-of-way of Royal Boulevard lying Westerly of the Westerly right-of-way line of Ruth Drive as established by the Plat of Andresen Bros. Eagle Heights, Unit No. 5 and lying Easterly of the East line of Valley Creek, Unit No. 9, containing in all 0.49 acres, more or less." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Parcel 2: PAY91 Beginning at the Northeast corner of Lot 19 in Andresen Bros. Eagle Heights, Unit No. 7, being a subdivision of part of said Section 9 and 10; thence Westerly 188.41 feet along the North line of said Lot 19 to the Northwest corner thereof; thence Southerly, 462.46 feet along the West lines of Lots 19 one 18 in said Andresen Bros. Eagle Heights to the South- west corner of said Lot 18; thence Easterly 0.15 feet along the Southerly line of said Lot 18; thence Southerly at right angles to the last described course 181.71 feet to an Easterly line of Valley Creek, Unit No. 9, being a subdivision of part of said Sections 9 and 10; thence Northwesterly, 86.22 feet along said East line of Valley Creek, Unit No. 9; thence Northwesterly 43.10 feet along said East line of Valley Creek, Unit No. 9, at an angle of 147 degrees 31 minutes 00 seconds measured counterclockwise from the last described course; thence Northerly 894.61 feet along said Easterly line of Valley Creek, Unit No. 9, said Easterly line being parallel with the Easterly line of said Section 9, to the Southerly right-of-way line of Royal Boulevard; thence Easterly 151.27 feet along the Southerly right-of-way line of said Royal Boulevard, said line being a 2,140.00 foot radius curve, concave to the North; thence continuing Easterly along said Southerly right-of-way line on a line tangent to the last described curve, 118.35 feet to the intersection of the Southerly right-of-way line of Royal Boulevard and the Westerly right-of-way line of Ruth Boulevard; thence Southerly 88.50 feet along the Westerly right-of-way line of said Ruth Drive to a Point of Curvature; thence continuing Southerly on said Westerly right-of- way line 267.23 feet, said line being a tangential curve, concave to the West and having a radius of 1,442.85 feet, to the Point of Beginning, containing in all 3.63 acres, more or less. Parce 1 3: That part of the right-of-way of Royal Boulevard lying Westerly of the Westerly right-of-way line of Ruth Drive as established by the Plat of Andresen Bros. Eagle Heights, Unit No. 5 and lying Easterly of the East line of Valley Creek, Unit No. 9, containing in all 0.49 acres, more or less. Section 2. That a certified copy of this ordinance together with an accurate map of the territory annexed shall be filed in the office of the Recorder of Deeds of Kane County within 90 days of the passage of this ordinance. G / C RnrQA VAnDgVnnrdR George VanDeVoorde, Mayor Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest* s MaYearn Marie Yearman, City Clerk 234 VOLUME LIV ORDINANCE PASSED AMENDING CHAPTER 16.04 ENTITLED BUILDING CODE OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 237 Ordinance No. G37 -89 AN ORDINANCE AMENDING CHAPTER 16.24 ENTITLED ELECTRICAL CODE OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 16.24 entitled Electrical Code of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.24.1 15(B) to read as follows: "B. Multiple -family Dwellings. I. Requirements are the same as for single or duplex dwellings. Service panels shall be installed in each dwelling unit, except as approved by the building official in existing buildings. 2. The neutral shall be identified in white." Section 2. That Chapter 16.24 entitled Electrical Code of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.24.120(D) to read as follows: "D. Pad mounted transformer. All underground conduit shall be PVC or rigid galvanized pipe. In the case of PVC, a concrete envelope will be required with voltages 480v and higher. One spare conduit will be installed on all underground services." Section 3. That Chapter 16.24 entitled Electrical Code of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.24.150(C) to read as follows: "C. Kitchen and dining area: A wall receptacle shall be installed at each counter space twelve (12) inches or wider but distance between receptacles on single counter space shall not be more than six (6) feet. A receptacle shall be installed in spaces provided for refrigerators, ranges, and other permanently installed appliances. No receptacle shall be permitted within two (2) feet of a kitchen sink, except with permission of the building official, and any receptacle within six (6) feet shall be of a ground fault circuit interrupter type." Section 4. That Chapter 16.24 entitled Electrical Code of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.24.190(C) to read as follows: "C. Raceways in Concrete. All raceways installed in a concrete base or slab shall be rigid galvanized heavywall conduit, electrical metallic tubing, PVC Schedule 40 or approved floor duct. Any permanently exposed risers emerging from the concrete base or slab shall be rigid galvanized heavywall conduit. All raceway connection or fittings installed in or under concrete base, slab or underground shall be PVC Schedule 40 or rigid galvanized heavywall steel. Electrical metallic tubing shall not be used underground, in or underneath concrete bases or slabs in contact with the earth or fill." 238 VOLUME LIV Section S. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays p Recorded: Published: Attest: Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 18.36 ENTITLED STORMWATER CONTROL OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV Ordinance No. G38-89 AN ORDINANCE AMENDING CHAPTER 18.36 ENTITLED STORMWATER CONTROL OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 18.36 entitled Stormwater Control of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 18.36.050(G) to read as follows: G. Compensatory Storage. Such filling as may be required or permitted in this title for a five acre or more building site, or as may otherwise be done in the base flood area, which eliminates space previously available for storing and moving floodwater, shall be compensated for or balanced by at least an equal volume of excavation in the base channels, such excavation shall be made opposite, immediately adjacent or just upstream to the area so filled. The compensatory storage area, when excavated and constructed, shall drain freely and openly to the water- course. Compensatory storage shall not be required for developments under five acres in total size, or for sites which are to be filled which can be shown to impact the adjoining B.F.E. by less than one/tenth (0.1) foot. This change in elevation shall be based upon the original computer model as developed by F.E.M.A. and certified by a professional engineer. 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 from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Year n Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO THE 9-1-1 BOARD Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 240 VOLUME LIV RESOLUTION APPOINTING MEMBERS TO THE 9-1-1 BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following persons are hereby appointed as members of the 9-1-1 Board: Name Term Eric Isom May I, 1990 Colleen Bodd i cker May 1, 1991 JoAnne Foley May I, 1991 Stan Sphatt May I, 1992 William Diamond May I, 1992 a/ Genrae VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: Marie Yearman, City Clerk ORDINANCE PASSED AMENDING AN ORDINANCE IMPOSING A SURCHARGE ON CERTAIN TELE- COMMUNICATION CARRIERS FOR THE PURPOSE OF INSTALLING A 9-1-1 EMERGENCY TELEPHONE SYSTEM Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 241 Ordinance No. S11-89 AN ORDINANCE AMENDING AN ORDINANCE IMPOSING A SURCHARGE ON CERTAIN TELECOMMUNICATION CARRIERS FOR THE PURPOSE OF INSTALLING A 9-1-1 EMERGENCY TELEPHONE SYSTEM WHEREAS, Illinois Revised Statutes, 1985, Ch. 134, Par. 31, et seq., known as the "Emergency Telephone System Act" (hereinafter the "Act") authorizes municipalities engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the municipality and terminating within the State of Illinois to impose a surcharge within the corporate limits of the municipality in order to pay for the installation, upgrading and maintenance of a 9-1-1 Emergency Telephone System; and WHEREAS, the Act further provides that upon the passage of an ordinance imposing such a surcharge by a municipality, the question of whether such surcharge may be imposed shall be submitted to the electors of the municipality; and WHEREAS, Ordinance S14-88 established a surcharge of sixty-five cents ($.65) per month on all telecommunication carriers engaged in the business of transmitting messages by means of electricity within the corporate limits of the City of Elgin and terminating within the State of Illinois at a rate per network connection of sixty-five cents ($.65) per month; and WHEREAS, on April 4, 1989 said surcharge was approved at the regular municipal election; and WHEREAS, it is necessary and desirable to amend Ordinance S14-88. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ordinance S14-88 passed on December 28, 1988 is amended to add the following: Section 8. For purpose of this ordinance the following definitions shall apply: a. "Network Connection" means the number of voice grade communica- tion channels directly between a subscriber and a telecommunications carrier's public switched network without the intervention of any other telecommunications carriers switched network which would be required to carry the subscriber's interpremises traffic. b. "Transmitting Messages" shall have the meaning ascribed to the term in Section 8-1 1-2 of the Illinois municipal code. C. Telecommunications Carrier" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation or political subdivision of this State, or a receiver, trustee, conservator or other representative appointed by order of any court engaged in the business of transmitting messages by means of electricity. Section 9. The City Clerk shall provide any telecommunication carrier subject to the surcharge with a certified list of those network connections assigned to the 242 VOLUME LIV municipality to be exempt from imposition of the surcharge. The certified list may be revised by the municipality on 60 days prior written notice provided to the telecommuni- cation carriers. Section 10. The surcharge shall be imposed on the first day of the month following the expiration of 90 days from the date the City Clerk certifies to any of the telecommunication carriers who are subject to the surcharge that the referendum referred to above has passed. Section 11. In lieu of the telecommunication carriers imposing a 3% accounting and collection charge on its subscribers as permitted under the Act, each telecommuni- cation carrier is hereby authorized and instructed to recover said accounting and collec- tion charge by deducting 3% from the amount of surcharge otherwise due and owing the city prior to remittance under Section 12 of this ordinance. Section 12. Every telecommunication carrier shall remit to the City Treasurer the amount of surcharge due and owing for each calendar month within 30 days following expiration of each month to which the surcharge applies, net of any network or other "9-1-1" or sophisticated 19-1-1" system charge then due the particular telecommunica- tion carrier as shown on an itemized bill and the 3% accounting and collection charge described above. Section 13. Simultaneously with the remittance described above each tele- communication carrier shall make a return to the City Treasurer for the period to which the remittance applies stating as follows: I. The name of the telecommunication carrier. 2. The telecommunication carrier's principal place of business. 3. The number of network connections to which the surcharge applies. 4. The amount of surcharge due. 5. Such other reasonable and related information as the corporate authorities may require. Section 14. If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this ordinance, whether as the result of a mistake of act or an error of law, then such amount shall be credited against any surcharge due, or to become due, under this ordinance from the telecommunciations carrier who made the erroneous payments; provided that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefore shall be so credited. Ninety days prior notice shall be given to the Emergency Telephone System Board on any credit against a surcharge due. Section 15. No action to recover any amount of surcharge due under the provi- sions of this ordinance shall be commenced more than three (3) years after the due date of such amount. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: Marie Yearman, City Clerk 243 ORDINANCE PASSED AMENDING CHAPTER 14.04 ENTITLED WATER REGULATIONS OF THE ELGIN MUNICIPAL CODE, 1976. AS AMENDED Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 244 VOLUME LIV Ordinance No. G41-89 AN ORDINANCE AMENDING CHAPTER 14.04 ENTITLED WATER REGULATIONS OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 14, Chapter 14.04 entitled Water Regulations of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to Section 14.04.150 the following: "C. Any person convicted of violating 14.04.150(A) of this title shall be punished by a fine of not less than fifty nor more than five hundred dollars." 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/ Georae VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s// Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 14.04 ENTITLED WATER REGULATIONS OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: 6AtQtest: s/ Marie iatma n Marie Yearman, City Clerk 231 ORDINANCE PASSED ANNEXING CERTAIN TERRITORY (Royal Blvd, between Eagle Heights and Valley Creek Subdivisions) Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 232 VOLUME LIV Ordinance No. S 10-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY (Royal Boulevard, between Eagle Heights and Valley Creek Subdivisions) WHEREAS, the territory described herein is less than sixty acres in size and is wholly bounded by the corporate limits of the City of Elgin; and WHEREAS, notice of the intended passage of an ordinance annexing said territory was published in a newspaper of general circulation within the territory at least ten days prior to the passage of the ordinance; and WHEREAS, notice of the intended annexation has been given to the trustees of all fire protection and library districts which exercise jurisdiction over any portion of the territory to be annexed 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 following described territory be and is hereby annexed to the City of Elgin: That part of Sections 9 and 10 in Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: Parcel 1: Beginning at the Northeast corner of Lot 19 in Andresen Bros. Eagle Heights, Unit No. 7, being a subdivision of part of said Sections 9 and 10; thence Westerly along the North line of said Lot 19 and said North line extended Westerly, a distance of 288.89 feet; thence North, parallel with the East line of said Section 9, 1,292.88 feet; thence West at right angles to the last described course, 48 feet; thence Northeasterly along a line forming an angle of 104 degrees 35 minutes 0 seconds to the right with the prolongation of the last described course, 71.52 feet; thence Northwesterly along a line forming an angle of 40 degrees 13 minutes 0 seconds to the left with the prolongation of the last described course, 26.66 feet to a point on the Southerly line of Lot 15 in Block 16 of said Andresen Bros. Eagle Heights, Unit No. 5, 33.47 feet Northwesterly of the Southeast corner of said Lot 15; thence Southeasterly along the Southerly line of Lots 15, 14, 13 and 12 in said Block 16, 163.53 feet to an angle in the Westerly line of said Lot 12; thence South along the West line of Lots 12, 11, 10, 9, 8, 7, 6 and 5 in said Block 16, 599.70 feet to the Southwest corner of said Lot 5; thence East along the South line of said Lot 5, 142 feet to the Westerly line of Ruth Drive; thence Southerly along said Westerly line, 17.90 feet; thence Southerly along said Westerly line, being a curve to the left having a radius of 1,922.48 feet, a distance of 265.07 feet; thence Southerly along said Westerly line, being tangent to the last described curve at the last described point, 168.50 feet; thence Southerly along a tangential curve, concave to the West and having a radius of 1,442.85 feet, 267.23 feet to the Point of Beginning (excepting therefrom all that part of the above described property lying Southerly of the Northerly right-of-way line of Royal Boulevard), containing in all 3.36 acres, more or less. VOLUME LIV 235 Ordinance No. G36-89 AN ORDINANCE AMENDING CHAPTER 16.04 ENTITLED BUILDING CODE OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.04 entitled Building Code of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.04.090(A) to read as follows: "16.04.090 BOCA Basic National Building Code --Article 5 amendments. A. Section 504.0 Unlimited Areas is amended as follows: Section 504.1 Exceptions: 2. Two-story unlimited area shall be allowed in Use Group B, S2, provided a minimum of 60' setback to lot line is maintained and any structure within 60' shall also comply with unlimited area requirements, if located on the some parcel of land and shall also be of Use Group B, S2. The following restric- tions shall also apply: I. Two-story Exception #2 limits penthouse use for mechanical systems only. 2. Two-story Exception #2 eliminates mezzanine option. 3. Height limitation of 55'. 3. Subdivision of Existing Unlimited Area Buildings. Lawfully existing unlimited area buildings divided by new lot lines are not required to comply with the setback regulations of Table 504.2, provided all of the following requirements are met: I. Fire separation rating at lot line dividing building shall be of a fire grade for use as prescribed in Table 1402. 2. Building prior to subdivision complied with all requirements for unlimited area building regulations. 3. Building areas subdivided must be of the same use group. Mixed use as permitted in 313 is not allowed. 4. Any addition/alteration of any portion of a building must comply with all requirements for an unlimited area building. 236 VOLUME LIV Section 504.3 Roof Vents is repealed in its entirety. Table 504.3 Roof Vents is repealed in its entirety. 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 from and after its passage and publication in the manner provided by law. g/ Genrae Vann .Vnnrde George VanDeVoorde, Mayor Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Ye alman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 16.24 ENTITLED ELECTRICAL CODE OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 245 Ordinance No. G40-89 AN ORDINANCE AMENDING CHAPTER 14.04 ENTITLED WATER REGULATIONS OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section (. 1976 aslamended, berand•Os herebydfurther amendater ed by adding ons of the Elgin Municipal Code, , following: 1114.04.091 Unlawful interference with water service. A. A person commits the offense of unlawful interference with water service when he knowingly, without consent of the Director of Water Operations, impairs, interrupts, diverts, or causes to be diverted in whole or in part, any public water service or supply, or installs or removes any device for the purpose of such diversion or alters, removes or tampers with any device or meter which causes an inaccurate meter reading. B. Any instrument, apparatus, or device used in obtaining water service without paying the full charge therefor, or any meter that has been so as to altered, slowed, stopped, tampered with in any manner, or bypassed cause a lack of measurement or inaccurate measurement of water services on premises controlled by the customer or by the person using or receiving the direct benefit of the water service at that location shall raise a rebuttable presumption of the commission of the offense described in Paragraph A by such person. C. Any person convicted of violating Paragraph A of Section 14.04.091 shall be subject to the penalties contained in Section 1.20.020." 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 George VgnllaVnnrdP George VanDeVoorde, Mayor Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: Marie Yearman, City Clerk 246 VOLUME LIV RESOLUTION ADOPTED ALLOCATING LOW INCOME HOUSING TAX CREDIT AUTHORITY FOR 1989 Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 247 RESOLUTION ALLOCATING LOW INCOME HOUSING TAX CREDIT AUTHORITY FOR 1989 WHEREAS, pursuant to Section 42 of the Internal Revenue Code of 1986, as amended (the "Code"), the City of Elgin, an Illinois home rule unit (the "City"), is authorized to allocate low-income housing tax credits for the purpose of assisting in the financing of housing for low-income persons and families; and WHEREAS, pursuant to Section 7-24g of the Illinois Housing Development Act, III. Rev. Stat., Ch. 67'h, Section 307.24g (1987) (the "Act") and the Code, the Illinois Housing Development Authority (the "Authority") is authorized to act as the State Housing Credit Agency for the purpose of allocating low-income housing tax credits for the State of Illinois; and WHEREAS, the Code limits the total amount of low-income housing tax credits that may be allocated by all allocators in the State of Illinois for the calendar year 1989 to $14,435,000 (the "State Ceiling"); and WHEREAS, pursuant to the Code, the City's portion of the 1989 State Ceiling is currently an amount equal to $90,138; and WHEREAS, the Authority has informed the City that it anticipates that the demand for low-income housing tax credits will exceed the Authority's portion of the 1989 State Ceiling; and WHEREAS, the City has determined that it is in its best interests to participate in the allocation of low-income housing tax credits for the purpose of assisting in the financing of housing for low-income persons and families in the State of Illinois; and WHEREAS, the City has not allocated any low-income housing tax credits for the calendar year 1989; and WHEREAS, the City has determined that it is in its best interests not to allocate any low-income housing tax credits under the Code during the calendar year of 1989; and WHEREAS, Section 7.24g(4) authorizes the Authority to accept and allocate low- income housing tax credits that may be transferred from Illinois home rule jurisdictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That the City irrevocably transfers to the Authority $90,138 of its portion of the State Ceiling for the calendar year 1989. 2. The City shall not allocate low-income housing tax credits for the calendar year of 1989. 3. George VanDeVoorde, the Mayor of the City, is authorized and directed to transmit a letter to the Authority transferring low-income housing tax credits on behalf of the City as authorized by this Resolution. 248 VOLUME LIV 4. The City Clerk is directed to retain in the records of the City a copy of this Resolution and the transmittal letter of the Mayor referred to above. 5. This Resolution supersedes all other Resolutions adopted by the City in connection with the transfer of low-income housing tax credits and to the extent that any previous Resolution is inconsistent with this Resolution, any such inconsistent Resolution is repealed. 6. This Resolution is effective immediately upon its adoption. s/ Georae VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF TMA THERMO ANALYTICAL INC. FOR AN ENVIRONMENTAL STUDY Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 249 RESOLUTION ACCEPTING THE PROPOSAL OF TMA THERMO ANALYTICAL INC. FOR AN ENVIRONMENTAL STUDY 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 TMA Thermo Analytical Inc. for follow-up environmental investigative work at the Woodruff & Edwards foundry, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: N4 [' r s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 250 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. 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 engineering agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc. for a hydraulic study of the pipe culvert under Highland Avenue at the crossing of the Randall Road Tributary to Tyler Creek, a copy of which is attached hereto and made a part hereof by reference. s/Georq_e_ VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOER, TOWNSEND & ASSOCIATES, INC. Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 255 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS WHEREAS, Illinois Tool Works, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 Illinois Tool Works for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays p Recorded: Attest: a. 'A VaArmAn Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A SERVICE PURCHASE AGREEMENT WITH THE JAYNE SHOVER EASTER SEAL REHABILITATION CENTER Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 256 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A SERVICE PURCHASE AGREEMENT WITH THE JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. 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 a Service Purchase Agreement on behalf of the City of Elgin with the Jayne Shover Easter Seal Rehabilitation Center, Inc. for special recrea- tion programs, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH DINOROCK PRODUCTIONS, INC. FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 257 RESOLUTION AUTHORIZING AN AGREEMENT WITH DINOROCK PRODUCTIONS, INC. FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Dinorock Productions, Inc. for the production of Dinosaur Rock for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHROZING AN AGREEMENT WITH ARTREACH TOURING THEATRE FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 258 VOLUME LIV RESOLUTION AUTHORIZING AN AGREEMENT WITH ARTREACH TOURING THEATRE FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Artreach Touring Theatre for the production of The Legend of Sleepy Hollow for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDevoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE CONTEMPORARY FORUM FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 259 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CONTEMPORARY FORUM FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with The Contemporary Forum for the production of The Magistics for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THEATRE IV FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 260 VOLUME LIV RESOLUTION AUTHORIZING AN AGREEMENT WITH THEATRE IV FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Theatre IV for the production of The Snow Queen for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s George Van eVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s Marie YeArman Marie Yearman, City Clerk RESOLUTION AUTHORIZING AN AGREEMENT WITH DETROIT CITY THEATRE ASSOCIATION/PRINCE STREET PLAYERS FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 261 RESOLUTION AUTHORIZING AN AGREEMENT WITH DETROIT CITY THEATRE ASSOCIATION/PRINCE STREET PLAYERS FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Detroit City Theatre Association/Prince Street Players for the production of The Wizard of Oz for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s Geor e VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE THEATRE WORKS/USE FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 262 VOLUME LIV RESOLUTION AUTHORIZING AN AGREEMENT WITH THEATRE WORKS /USA FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Theatreworks/USA for the production of The Velveteen Rabbit for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH KIDS' ENTERTAINMENT FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 263 RESOLUTION AUTHORIZING AN AGREEMENT WITH KIDS' ENTERTAINMENT FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Kids' Entertainment for the production of Red Ball for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THEATRE IV FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 264 VOLUME LIV RESOLUTION AUTHORIZING AN AGREEMENT WITH THEATRE IV FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Theatre IV for the production of Town and Country Mouse for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF RESOURCE MANAGEMENT ASSOCIATES FOR CONSULTING SERVICES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 265 RESOLUTION ACCEPTING THE PROPOSAL OF RESOURCE MANAGEMENT ASSOCIATES FOR CONSULTING 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 Resource Management Associates for the design and administration of an assessment center for the selection of police chief, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: ,Attest: s/ Marie Yearm n Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING BOND COUNSEL FOR $3,000,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1989 Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 266 VOLUME LIV RESOLUTION APPOINTING BOND COUNSEL FOR $3,000,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1989 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Carlson and Hug be and are hereby appointed as bond counsel for the sale and issue of $3,000,000 General Obligation Corporate Purpose Bonds, Series 1989. s / Georgf,,_VaUQeVonrde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas Nays Recorded: ,Attest: s/ Marie Yeaq=an Marie Yearman, City Clerk RESOLUTION APPOINTING FINANCIAL CONSULTANT FOR $3,000,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, ERIES 1989 AND AUTHORIZING PREPARATION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUE Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 267 RESOLUTION APPOINTING FINANCIAL CONSULTANT FOR $3,000,000 GENERAL OBLIGATION CORPORATEOF AN OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that R. V. Norene & Associates, Inc. are hereby appointed as the city's financial consultants for purposes of the sale and issue of $3,000,000 General Obligation Corporate Purpose Bonds, Series 1989, and that said consultant is authorized to prepare an official statement in connection with said sale and issue. s/George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays p Recorded: Attest: Marie Yearman, City Clerk ORDINANCE PASSED PROVIDING FOR ISSUANCE OF EXTENDED HOUR PERMITS FOR ONLY TWO MONTHS Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. A 7 268 VOLUME LIV Ordinance No. G42-89 AN ORDINANCE PROVIDING FOR ISSUANCE OF EXTENDED HOUR PERMITS FOR ONLY TWO MONTHS WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the sale of alcoholic liquor is a matter pertaining to the government and affairs of the City of Elgin; and WHEREAS, the Elgin Municipal Code now provides for issuance of an extended hour permit for the sale of alcoholic liquor (EMC 6.06.055); and WHEREAS, the Elgin City Council desires to review whether to modify or revoke current ordinances authorizing the issuance of extended hour permits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That any extended hour permit issued pursuant to Section 6.06.055 of the Elgin Municipal Code after April 26, 1989 shall expire on July I, 1989. The fee for such permits shall be an amount equal to one/sixth the annual fee established. Section 2. That the provisions of Section 6.06.080(B) of the Elgin Municipal Code shall not apply to extended hour permits issued after April 26, 1989 but before July I, 1989. 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. George Van eVoorde, Mayor Presented: April 26, 1989 Passed: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: " ek-k- A s/ Marie Yea Marie Yearman, City Clerk VOLUME LIV 269 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Elgin Area Convention Visitors Bureau $21,250.00 Second Quarter advance. U.S. Post Office 5,930.93 Mailing Park's Brochure. Northwest Ford 4,650.00 Engine replacement Mohawk Mfg. Co. 2,518.22 Misc. Bus parts. American Water Works 2,659.50 Membership Dues. Magney Electric 14,358.20 Well motor repair. Sun Mountain Sports 2,979.30 Golf supplies. Karsten Mfg. 2,966.64 Golf Supplies Dexter Shoemakers 2,142.06 Golf supplies. North Suburban Clinic 1,534.00 Pre -employment physicals. Villa Olivia Club 1,819.00 Ski Lesson packages. Melvin Ihrke, et al 2,500.00 Settlement re Ihrke vs. City of Elgin. Councilman Fox made a motion, seconded by Councilwoman Popple to approve payment to the above vendors. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for January, 1989 Public Works Report for March, 1989 Heritage Commission Minutes for March 13, 1989 Hemmens Advisory Board Minutes for March 9, 1989 Land Use Committee Minutes for March 6, and March 20, 1989 Planning Committee Minutes for March 1, March 15, and April 5,1989 Liquor Commission Minutes for April 5, 1989 Committee of the Whole Minutes for April 5, 1989 Councilwoman Moylan made a motion, seconded by Councilman Fox to place the above reports on file as published. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. s 270 RECOGNIZE PERSONS PRESENT VOLUME LIV Ralph Hardy and Charles Vitel, representatives of the Elgin High School Boosters and the Larkin High School Boosters appeared before the Council to explore the possibility of developer fees to minimize the current school crisis that we have. Mr. Hardy asked if there were limitations as to the use of these funds and who makes the ultimate decision as to how they may be used. Corporation Counsel Jentsch stated there are Statutes authorizing such fees, but they are for construction of new buildings and that is the premise upon which the fees are collected. Mayor VanDeVoorde suggested that Mr. Hardy and Mr. Vitel meet with the City Manager and Corporation Counsel. The Council would then be happy to review any findings from said meeting. ANNOUNCEMENTS Mayor VanDeVoorde made' announcements relative to forthcoming meetings. Adjournment Councilwoman Popple made a motion, seconded by Councilman Fox to adjourn the Council Meeting and return to the Committee of the Whole. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 8:40 p.m. Marie Yearman, ity Clerk VOLUME LIV 251 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOER, TOWNSEND & ASSOCIATES, INC. 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 an agreement on behalf of the City of Elgin with Consoer, Townsend & Associates, Inc. for the design of clearwell venting and chlorine feed modifications at the Riverside water treatment plant, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A SERVICE FEE FOR RECEIPT OF CITY WATER BILLS BY EAGLE DISCOUNT SUPERMARKET AT 20 TYLER CREEK PLAZA Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 252 VOLUME LIV RESOLUTION AUTHORIZING A SERVICE FEE FOR RECEIPT OF CITY WATER BILLS BY EAGLE DISCOUNT SUPERMARKET AT 20 TYLER CREEK PLAZA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Eagle Discount Supermarket at 20 Tyler Creek Plaza be and is hereby authorized to receive and accept payment for City water bills and to charge a service fee therefor not to exceed 25� per transaction. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Y 4 � U man Marie Yearman, City Clerk RESOLUTION ADOPTED EXPRESSING INTENT TO PARTICIPATE IN GOLDEN CORRIDOR MARKETING PROGRAM Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 253 RESOLUTION EXPRESSING INTENT TO PARTICIPATE IN GOLDEN CORRIDOR MARKETING PROGRAM WHEREAS, the Governor of the State of Illinois has identified specialized regions as "Corridors of Opportunity" for the attraction and retention of industry; and WHEREAS, Interstate 90 from O'Hare to Elgin has been designated a High Technology Corridor identified as the Golden Corridor; and WHEREAS, a matching fund grant application has been made to the Illinois Department of Commerce and Community Affairs for a marketing program for the Golden Corridor; and WHEREAS, it is in the best interests of the City of Elgin to participate in the proposed marketing program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its intent and commitment to participate in the marketing program described in the amount of $1,000 annually for the years 1989, 1990 and 1991 contingent upon the award of a matching grant by the Illinois Department of Commerce and Community Affairs. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to express, in writing, the commitment of the City of Elgin to contribute the sum of $1,000 annually for the years 1989, 1990 and 1991 to the proposed marketing program for the Golden Corridor. s/ George VanDevoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: Vt-,%vR--2-,� s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED DESIGNATING JOHN WALTERS AS THE CITY OF ELGIN REPRESENTATIVE TO THE GOLDEN CORRIDOR COUNCIL Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 254 VOLUME LIV RESOLUTION DESIGNATING JOHN WALTERS AS THE CITY OF ELGIN REPRESENTATIVE TO THE GOLDEN CORRIDOR COUNCIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that John Walters be and is hereby designated as the City of Elgin representative to the Golden Corridor Council. S/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 26, 1989 Adopted: April 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FIRE PROTECTION AGREEMENT WITH ILLINOIS TOOL WORKS Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV May 10, 1989 271 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 May 10, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Eugene Carter, and the Pledge of Allegiance was led by Councilman Walters. RnT,T, CALL Roll was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE APRIL 26, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilwoman Popple to approve the April 26, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Illinois Safety Council Safety and Health Award - The City Manager presented the Mayor and Council with the State of Illinois Safety and Health Plaque. Mayor VanDeVoorde and Council thanked the staff for their participation in this project. Presentation of Accident Reconstruction Specialist Certificate The Mayor and Chief Baird presented Senior Patrolman James J. Burns with an Accident Reconstruction Specialist Certificate. OfficeRBurns is one of only 88 persons to be certified by the State of Illinois. The Mayor and Council congratualted Officer Burns. Presentation of Plaques by the Elgin Heritage Commission Jerry Turnquist, representing the Elgin Heritage Commission, made presentation of the following plaques: Theresa Koko, 426 Prairie Stuart Wasilowski, 570 Addison Jeffrey While, 116 North Porter Anne Anderson, 666 Grace 272 VOLUME LIV Mr, and Mrs. Haberfield, 565 Park Mr, and Mrs. Miller, 420 Fulton Judith Boehmer, 703 Raymond School District U-46, 312 Watch Mr. and Mrs. Cox, 1044 Augusta Mr, and Mrs. Bednar, 16 N. Rugby The Mayor and Council expressed their appreciation to the within individuals for their participation in the Heritage Commission Program. RESOLUTION ADOPTED EXPRESSING ELGIN, ILLINOIS'WELCOME TO THE VISITING MORAY RUGBY FOOTBALL CLUB FROM ELGIN, SCOTLAND Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 273 RESOLUTION EXPRESSING ELGIN, ILLINOIS' WELCOME TO THE VISITING MORAY RUGBY FOOTBALL CLUB FROM ELGIN, SCOTLAND WHEREAS, the Moray Rugby Football Club was founded in 1923 and is concluding their sixty-fifth English Rugby season; and WHEREAS, the Moray Rugby Football Club hosted the Elgin, Illinois Rugby Football Club on their tour of Scotland in the fall of 1987; and WHEREAS, the Elgin, Illinois, Rugby Football Club, on their 10th anniversay, is pleased and excited to host the Moray Rugby Football Club. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby warmly welcomes the Moray Football Rugby Club of Elgin, Scotland to Elgin, Illinois and anticipates that their stay will be an enjoyable and pleasant experience. PRESIDENT: Russell Anderson HONORARY PRESIDENT: D. Cudge Williamson OFFICIALS: Hugh Campbell and Danny Leslie PLAYERS: Malcolm Alexander lain Collie David Cumming Murray Hay Ross Macfarquhar Brian Miller P.J. Savoy K.W. Smith Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: ,AtQtest: sl Marie Yea., Marie Yearman, City Clerk B. Brownlie Bill Collie David Edwards N.A. Hepburn R.J. McLean A.L. Murdoch D.S. Sheperd Neil Campbell Ewan Cruickshank Nigel Ellis Gary Isaac C.A. McIntosh G. Phillips Allan Smith s/ George VanDeVoorde George VanDeVoorde, Mayor 274 VOLUME LIV BID AWARDED FOR RE -ROOFING AND REPAIR WORK FOR VARIOUS PUBLIC BUILDINGS Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid to the low bidder, Kaltenbach and Ferenc, for a total amount of $2450.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PARKS AND GOLF EQUIPMENT Councilwoman Shales made a motion, seconded by Councilan Walters to award this bid to the low bidders, as follows: To Howard L. White and Associates for a total amount of $4196.25, for 45 picnic tables. To Brentwood Enterprises for a total amount of $3153.37, for 34 park benches. To Hornung's Pro Golf for a total amount of $6023.70, for 27 golf tee consoles. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR DEMOLITION & WELL SEALING OF ST. CHARLES ST. WATER PLANT Councilwoman Popple made a motion, seconded by Councilwoman Moylan to award this bid to the low bidders as follows: To award the demolition contract to U.S. Dismantlement Corporation for a total amount of $29,300.00. To award the well sealing contract to Layne -Western Company for a total amount of $28,968.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR COOLING TOWERS EQUIPMENT Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, Industrial Air Equipment, Inc., for a total amount of $1870.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 275 PUBLIC HEARING REGARDING A PROPOSED ANNEXATION AGREEMENT , PROPERTY LOCATED ON THE NORTH SIDE OF WEST HIGHLAND AVENUE, SOUTH AND WEST OF VALLEY CREEK SUBDIVISION Tom Armstrong: This matter was reviewed by the Land Use Committee in April, they recommended approval on a vote of 6-0, subject to certain conditions. I have to pass out to you a related communication, which addesses a couple of issues related to in your packet, but this will expand upon them further. There are remaining three issues that are in some state of resolution, but resolution has not been completed as of tonight. One is the method of payment for school and park site cash contributions. The Petitioner is requesting that payment be made by a building by building basis, as permits are issued. That has not been the policy of the City in the past. The second issue concerns sidewalks in the development. The Petitioner is showing on their preliminary plans sidewalks along the north/south public street, which would divide the development. The remaining streets in the development are posed as private streets and they are not showing sidewalks along these streets. It has been a policy, set by the City Council, concerning cul-de-sac streets, which these are similar in some ways, that sidewalks or some sort of public access be provided for pedestrians. The third item concerns the term of the Annexation Agreement. Generally, with a residential development of this size, one would expect it should go for a term of ten years. The Annexation Agreement is proposing a term of twenty years. The correspondence that was handed out tonight addresses a couple of concerns that have come up during the discussions with the Petitioners concerning this development. One was the issue of whether or not this development is required to go through the City Subdivision process. Attorney Jentsch: That particular subject was discussed with the attorney for the developer today, and there may be some way to avoid that requirement. He has agreed to insert an appropriate paragraph in the Annexation Agreement to give us the flexibility to make that determination, and allow him to meet what ever is ultimately determined to be required. I don't think you have to determine tonight that necessarily is the last word on the subdivision. 276 VOLUME LIV Tom Armstrong: The second comment in the letter addresses the driveway located just to the east of an existing single family residence on the property. The driveway is shown at a width of 14 feet, which will not provide a turn -a -round for emergency vehicles. It is the recommendation of staff that this driveway must be a minimum of 18 feet, which is the required width for fire lanes. The Petitioners have indicated they would comply with that. The third comment deals with utilities. A couple of the utilitiy lines are running fairly close to foundation walls and Staff is suggesting a proper separation between the utilities and the foundations, as well as the elimination of multiple crossings at various locations throughout the development. Attorney Heimberg: Really the only issue that we feel needs any discussion has to do with the sidewalks. I don't see any concern over the issue of the payment of fees, or the term of the Annexation Agreement. The developer, Chuck Cassell, will address you concerning the sidewalks. Chuck Cassell: Highland Springs Drive, which is envisioned to be a public street, is thought to be fully improved with sidewalks on either side. The private streets that radiate off Highland Springs Drive are very similar in our minds to several projects we have designed in the past in the City of Elgin. Tyler Bluff, has a private street with no sidewalks. Waverly Commons has a public street very similar to this that goes through the property, four unit buildings on either side, with private streets and no sidewalks on the private streets. There is also Spring Cove. Councilwoman Popple: I still feel very strongly that a sidewalk adds to the development, there is safety and it gives people some way to walk, particularly in the winter. Without sidewalks you have senior citizens and you have other people walking in the street, and whether you call it a private drive it is still a street, and you have people competing with cars. So I feel sidewalks are really important to developments. Chuck Cassell: If sidewalks were deemed a definite requirement to the project, I would like you to consider the possibility of a sidewalk on one side, what I am concerned about is developing a public street identity to what we are trying to design as a private drive. If we could bring the sidewalk to the edge of the pavement and possibly put it on one side of the street, so we are not creating a public throughfare. Mayor VanDeVoorde: It is the policy of the City to require sidewalks and we have not considered one like this for some time. We took that action most recently on single family homes on cul-de-sacs. We were concerned as a Council at that point in time in the safety of children, elderly people and we thought it was wrong to ask people to walk in the street. VOLUME LIV 277 Councilman Walters: I think there are some differences between this and the prior situation and we talked about that. I can accept the alternative, I think it makes sense, it is a different kind of situation, it is indeed a private road that we do not maintain. Councilwoman Moylan: I like the idea of a carriage walk, I think it is attractive. Mayor VanDeVoorde: This is the Public Hearing and if the Council is done with their questions and statements, I would like to ask if anyone in the audience would like to speak on this matter. (No response) Councilwoman Moylan made a motion, seconded by Councilman Walters to close the Public Hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 27-89 REQUESTING ANNEXATION, R-4 GENERAL RESIDENCE DISTRICT ZONING, AND SPECIAL USE APPROVAL FOR A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS HIGHLAND SPRINGS, PROPERTY LOCATED ON THE NORTH SIDE OF WEST HIGHLAND AVENUE,SOUTH AND WEST OF VALLEY CREEK SUBDIVISION, BY BURNIDGE PROPERTIES --- TABLED Councilman Walters: I would move that Peition 27-89 be approved, subject to all the recommendations, but that the second item of unresolved issues regarding sidewalks, be amended so that carriage walks be required only on one side of the private streets. Councilwoman Moylan: Second. Councilman Gilliam: I will vote no because we just passed an ordinance for the sidewalks and I think we should stick with it. Councilwoman Popple: I am concerned about this project mainly because I drove over there today and the density of this project, the number of units, really bothers me. I think that area has a great deal of multiple housing in it right now, and the people who live on Alice definitely will have this right in their backyard. I really feel that is a beautiful location and could be developed with single family homes that would blend better. The sidewalk is also an issue with me, but this project, although very nice, I just don't think that is the right location for it, so I will be voting against it. 278 VOLUME LIV Councilwoman Shales: I too am a little overwhelmed at the density. These are lovely buildings, but they are so insensitive to the rest of the development in Valley Creek. Councilman Fox: I too feel the sidewalks should be in the entire cul-de-sacs on one side of the streets. As far as the project on the whole I'm concerned about the buffer also, we have single family homes and then right up against the single family homes there are going to be townhomes and duplexes. The project could have a better buffer than that, I think there are possibilities there to make it a lesser high intensity impact on the people on Alice and the people in Valley Creek. Mayor VanDeVoorde: In reading the transcript I was concerned about the water run off. It is a hill and I realize that by our ordinance you have to make sure there is no more water running off with the new structures than there is presently. I am even wondering, because of getting a number of complaints from people presently living in the subdivision, that there have been water problems, and I think I basically understand that is because of individual contractors not doing their job properly. Nevertheless, there have been these water problems and some good people with very fine homes have been impacted. Chuck Cassell: It is stated by law that we are required to not carry our water onto the adjacent property any faster than it currently flows, so we have to utilize engineering techniques to accomplish that. What we described at the Land Use meeting was that we have an engineering plan that has several layers of defense in that regard. We have a storm drainage system that picks up the water from the hill picked up by Highland Springs Drive and is taken underground. What is picked up at this point and sends down hill is picked up within the cul-de-sacs within the loop roads, taken underground as part of the storm drainage system, and in addition to that a drainage system going right up against the back property line. So it is not a matter of water shedding off this hill, there is actually three layers of storm drainage patterns that will being the water into an underground system. That plus the fact that we are required by law will accomplish that goal. The storm drainage plan that we are going to develop are going to enhance that situation. Mayor VanDeVoorde: One other complaint that was voiced was the placing of duplexes immediately adjacent to single family homes. Could not your development have the burden placed against the new homes where the owner would know what they are getting into. VOLUME LIV 279 Chuck Cassell: It was our client's desire to develop this in a planned unit development as opposed to a plotted lot. They see some advantages based on other projects that worked out for them, and for clients PUD concepts is something that is attractive. Mayor VanDevoorde: I would like the opportunity to go out and look at this site. If I were designing this I would like to see the easterly road R-2 and I would design sidewalks in because I know the policy of this Council. Councilman Fox: I would think it would be in the best interest to table this petition, for them to reconsider their design in terms of what we have said, and for us to have an opportunity to look at some of these other places. Mayor VanDevoorde: I would agree with you, because I think it would go down at this point. Councilman Fox made a motion to table Petition 27-89 for two weeks. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 7-89 REQUESTING A B-3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION, PROPERTY LOCATED AT 270-282 DUNDEE AVE. AND 285-289 FRANKLIN STREET -- APPROVED Councilman Gilliam made a motion, seconded by Councilwoman Moylan to remove Petition 7-89 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Councilman Gilliam: I was opposed to this until I talked to Mr. Johnson, and it is my understanding that the location that the station will be in that under the State Statutes you will never be able to get a liquor license. I want that understood because I don't want them to come back and say we need the license to survive. With the church 100 feet away, the Academy 70 feet away, that would make it ineligible for a liquor license. Councilman Walters: That was a concern of mine also. Councilwoman Popple: I will continue with my no vote, just because I just don't believe this is the right location for this type of operation. Councilwoman Shales made a motion, seconded by Councilman Walters to approve Petition 7-89, subject to the Land Use Committee recommendations. Councilmen Fox, Gilliam, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. 280 VOLUME LIV PETITION 82-88 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-4 GENERAL RESIDENCE DISTRICT AND SPECIAL USE APPROVAL FOR A PLANNED UNIT DEVELOPMENT, PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WOLF AVENUE AND UNIMPROVED CLIFTON AVENUE - DENIED Councilman Gilliam: I will move to approve Petition 82-88 in order to get it on the floor. Councilwoman Moylan: Second. Yeas: None. Nays: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $59,735.10 March 17 - April 14 refuse charges. Northeast Multi Regional Training Center $ 3,000.00 Police membership dues. Kale Uniforms 2,185.25 Initial uniform issue. Boncosky Oil Co. 7,001.80 Purchase of gasoline. Union Oil Co. 3,412.65 Purchase of diesel fuel. Eastman Kodak Co. 5,552.00 Maintenance Program. Lester Material Service 9,209.97 Infield mix blend for ball fields. Flying Fool 1,850.00 Youth Fest entertainment. Karsten Mfg. 2,185.65 Golf supplies. Layne -Western 18,222.75 Repairs to Airlite pump and and motor of deep well. Squire -Cogswell Co. 2,302.12 Repairs to air system at Riverside Water Plant. lst National of DesPlaines, as Trustee 20,500.00 Acquisition of right-of-way for Big Timber Road improvements. John E. Traeger 10,200.00 Acquistion of right-of-way. Amoco Oil Co. 5,000.00 Acquisition of right-of-way. VOLUME LIV Carol Steinmann 835 Adams St. Marvin Wunderlick 281 $ 3,718.00 Residential Rebate Program 15,000.00 Settlement of suit. Councilman Gilliam made a motion, seconded by Councilman Walter to approve the above and foregoing payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 282 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT 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 a written lease agreement with Gerald A. Benthusen for the property located adjacent to 255 Brookside Drive, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea tan Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING RATES AND CHARGES FOR WATERMAINS AND WATER SERVICES Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV WE RESOLUTION ESTABLISHING RATES AND CHARGES FOR WATERMAINS AND WATER SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following rates and charges be and are hereby established for services performed by the City of Elgin: New Subdivision Unimproved City Street Seal Coated (No Curb & Gutter) Improved City Street (Blacktop) Improved City Street (Blacktop and Concrete) Water Service Installation Cost** *1 " * 1 -'/4" 1 Jh" 2" 4" 6" 8" $ 440 $ 470 $ 605 $1,050 $1,995 $2,185 $2,576 1,215 1,240 1,400 1,735 2,165 2,380 2,760 19245 19265 1,430, 19760 2,400 29640 3,060 1,410 1,435 1,600 1,930 2,580 2,830 3,245 Federal, County or State Highway or Four Lane City Streets 19665 1,710 11880 2,525 4,665 59116 52800 *Note: a. A 5/8" remote reading water meter is included with the I" and 194" water service. b. The costs of water service installation for I" and 1'/4" services in the New Subdivision category are based on order of 3 or more; if order is less than 3, add $60 per service. c. A remote reading system is required for each new single family residence. d. If service installation is a replacement of an equivalent size and for the same intended usage, subtract $45 from installa- tion cost. **Note: a. The cost for a water meter will be at the current rates adopted by the City Council. Meter sizes will be based on usage at the direction of the director of water operations. b. The installation of any sized service in the Central Business District (CBD), including the Fountain Square Plaza Mall, and other areas as described shall be on a time and material basis. The CBD shall include the area bounded on the west by the Fox River, north by Kimball Street, east by Dundee and Villa Streets, and on the south by National Street. Any new or improvement of existing services in the Fountain Square Plaza Mall will be discouraged, or not permitted. Service will be provided from the streets bounding Fountain Square Plaza Mall. 284 VOLUME LIV C. Federal, State, and County routes that must be augered will include the scheduled water service price plus any additional actual costs. Water Mains (excludes mains installed by subdivider or covered by a special reimbursement ordinance) Turn Off/On for Non -Payment After Business Hours Turn On Temporary Out of Service - Remove and Reinstall Water Meter (charge to be made upon reinstallation of meter) Cleaning Water Service Lines with Service Machine Remote and Installation Cost Check Returned Frozen Meter Service Charge (cost of meter is additional) Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s / Marie Yea an Marie Yearman, City Clerk $ 20.00 per front foot $ 20.00 $ 50.00 $ 23.00 $ 50.00 $ 25.00 $ 10.00 $ 20.00 s/ George VanDeVoorde George VanDeVoorde, Mayor ORDINANCE PASSED AMENDING TITLE 18 OF THE ELGIN MUNICIPAL CODE, 1976, ENTITLED SUBDIVISIONS Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 265 Ordinance No. G46-89 AN ORDINANCE AMENDING TITLE 18 OF THE ELGIN MUNICIPAL CODE, 19769 ENTITLED SUBDIVISIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 18.08.290G of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: G. Cul-de-sac. "Cul-de-sac" means a minor street with only one outlet with appropriate terminal vehicular turnarounds for the safe and convenient reversal of traffic movement. Section 2. That Section 18.16.030A of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: A. Layout of streets and pedestrian ways showing rights -of -way and pavement widths, street centerline radii, street names (not duplicating the name of any street used in the city or its environs, unless the street is an extension of an already named street, in which event that name shall be used) and showing proposed through streets extended to boundaries of the development; Section 3. That Section 18.16.030H of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: H. Impact assessments as may be required by the planning department in order to adequately evaluate the effect of the proposed development on the environment and existing community facilities and surrounding land uses, existing and proposed. A traffic impact analysis may be required by the engineering division of the public works department and shall contain components as described in the Institute of Traffic Engineers publication, Transportation and Land Development, 1988. Section 4. That Section 18.20.010D of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: D. Graphic (engineering) scale shall be one inch to one hundred feet. An additional plat at an alternative scale may be submitted for recording purposes if required for plat legibility_ and approved by the planning department and the engineering division of the department of public works. Section 5. That Section 18.20.030 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.20.030 Planned unit development plat - Required information. A final, detailed land use and zoning plat, suitable for recording with the county recorder of deeds, shall be prepared. The purpose of the 286 VOLUME LIV planned unit development plat is to designate with particularity the land subdivided into conventional lots, as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure as well as of the land in general. The final planned unit development plat and supporting data shall include the following: A. All information as required in Section 13.20.020; B. Planned unit developments not incorporating a division of property into lots for individual buildings shall designate the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, including construction details; centerline elevations; pavement type; curb, gutters, culverts, etc.; and a street numbering designation shall be furnished for each building; C. Common open space documents shall be provided indicating, at the election of the city, that common open space shall be as follows: I. Conveyed to a municipal or public corporation, or conveyed to a not -for -profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or adjoining property owners, or any one or more of them; all lands conveyed under this subsection shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or 2. Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned unit development or adjoining property owners and/or both; D. Major changes which alter the concept or intent of the develop- ment as indicated on a previously approved preliminary planned unit development plat including the following: I. Increases in density, 2. Reductions to proposed open space 3. Changes in roadway standards as follows: a. Roadway location, b. Pavement widths, C. Ownership and maintenance, 4. Changes in the sequence of development, 5. Increases in the height of buildings, or 2 VOLUME LIV 287. 6. Changes in the final governing agreements, provisions, or covenants; Such changes require the submission of a new preliminary plat and supporting data following the preliminary approval steps and subse- quent amendment of the final planned unit development plat; E. Minor changes to the development as indicated on a previously approved preliminary planned unit development plat which may be granted by the zoning administrator including the following: I. Moving buildings, roadways, and parking lots by twenty feet or less, 2. Decreases in density, 3. Increases in open space, 4. Substitution of alternate plant material in the landscape plan, 5. Building materials. Section 6. That Section 18.24.020A of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: A. All rights -of -way shall conform to the following specifications: Centerline Turning Width (feet) Gradient (percent) Radius (feet) Minimum Minimum Maximum Minimum Major Arterial Street 100-200 0.4/5.0 300 Minor Arterial Street 80-100 0.4/5.0 300 Collector Street 70 0.4/7.0 300 Minor Street 60 0.4/9.0 200 Cul-de-sac Street 50 0.4/9.0 200 Frontage Access Street 40 0.4/8.0 200 Private Street 50 0.5/8.0 200 3 288 VOLUMELIV Section 7. That Section 18.24.020G of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: G. A cul-de-sac street shall not be more than nine hundred feet in length measured along its centerline from the street of origin to the center point of the cul-de-sac turnaround unless there are fewer than fifteen lots abutting the cul-de-sac. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum diameter of one hundred ten feet. The center point of the diameter of the cul-de-sac shall align with the center- line of the cul-de-sac street. Section 8. That Subsection K of Section 1820:030 of the Elgin Municipal Code, 1976, as amended, be and is hereby deleted. Section 9. That Subsection L of Section 18.20.030 of the Elgin Municipal Code, 1976, as amended, be and is hereby redesignated as Subsection K. Section 10. That Section 18.24.060E of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: E. Additional building setbacks may be requiredforcorner lots to assure the proper development of intersection design and traffic safety. Additional building setbacks may be required for lots fronting on collector or arterial streets. Section II. That Section 18.28.020A of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: A. Sanitary sewer lines, including sewer stub terminals at the property line of each lot or each potential building location, shall be installed to serve all properties except where private septic systems are permitted. Section 12. That Section 18.28.020E of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: B. Interim septic systems may be allowed when sanitary sewer service is not available and shall be subject to the following requirements: I. The property shall be annexed to the sanitary district of Elgin or, if not contiguous to the district, a restrictive covenant shall be placed on the property requiring annexation to the district when contiguity is established, and requiring disconnection from the temporary septic system and connection to the sanitary sewer system within six months of the availability of sewer service. Annexation and connection fees shall be payable consistent with standard district requirements. The owner of the property shall cause a copy of such restriction to be filed in the office of the recorder of deeds. 2. No further municipal action including but not limited to approval of a performance bond, issuance of a building permit, or approval of engineering plans and specifications shall be taken until the required covenant has been recorded. 4 VOLUME LIV K&W 3. All service and lateral sewer line extensions shall be installed for future connection when feasible and as determined by the city engineer. 4. The developer shall submit required percolation tests and septic system design prepared and sealed by a professional engineer registered in the state of Illinois, prior to the issuance of any building permit. Section 13. That Section 18.28.030G of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: G. One -inch water taps shall be provided for all one -family and two family zoned lots, and eight -inch water taps shall be provided for all lots or potential building locations within developments zoned for manufacturing. Section 14. That Section 18.28.040 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.28.040 Public utilities. All utilities, except those provided for as a conditional use consistent with Chapter 19 of the Municipal Code; including but not limited to tele- phone, electric, gas, and cable television lines, shall be installed under- ground in all developments and subdivisions and shall be located in recorded easements. Section 15. That Section 18.28.05013 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: B. Pavement in a cul-de-sac turnaround shall have a minimum diameter of ninety feet measured from back to back of curbs. Section 16. That Section 18.28.050G of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: G. Street name signs including traffic control signs, shall be installed in accordance with city standard specifications. Traffic control signs shall be of a design consistent with the State of Illinois Manual on Uniform Traffic Control Devices. Any street designed with a two hundred fifty foot centerline turning radius shall be posted for a maximum speed limit of twenty five miles per hour. Any street designed with a two hundred foot centerline turning radius shall be posted for a maximum speed limit of twenty miles per hour. Section 17. That Section 18.28.060B(3)(e) of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: e. Street name signs including traffic control signs, shall be installed in accordance with city standard specifications. Traffic control signs shall be of a design consistent with the State of Illinois Manual on Uniform Traffic Control Devices. Any street designed with a two hundred fifty foot centerline turning radius 5 290 VOLUME LIV shall be posted for a maximum speed limit of twenty five miles per hour. Any street designed with a two hundred foot centerline turning radius shall be posted for a maximum speed limit of twenty miles per hour. Section 18. That Section 18.32.010 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.32.010 Compliance with chapter required. Prior to, or concurrent with approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land for school sites and park and recreational purposes to serve the immediate and future needs of the residents of the development. Cash contributions in lieu of actual land dedication or a combination of both, at the option of the city and in accordance with the criteria and formulas set forth in this chapter, may be required. For developments that receive final approval of a geographic part or parts of the area included in the preliminary plat and proceed in phases, and for which a cash contribution in lieu of park and school sites is required; the cash contribution shall be payable on a per acre basis for the area contained within each phase of the development. Section 19. That Section 18.32.020E of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: B. School Classification and Size of School Site. School classifica- tions and the size of school sites within the city shall be determined in accordance with the following criteria: Maximum Number of Students School Classification Each Such School by Grades Classification Elementary schools or grades kindergarten through five 600 Junior high schools or grades six through eight 1,200 High schools or grades nine through twelve 2,500 Minimum Number of Acres of Land for Each School Site of Such Classification IN 22 50 Section 20. That Section 18.32.040A of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: A. Cash Contributions. Where the development is small and the proposed site is too small to be practical or when the available land is inappropriate for park and recreation purposes or a school site, the city shall require the subdivider or developer to pay a cash contribution in lieu N. VOLUME LIV 291 of land dedication required. The cash contribution in lieu of park and recreation land dedication shall be held by the city solely for the acquisi- tion of park and recreation land, as classified in this chapter, to serve the immediate or future needs of the residents of that subdivision or develop- ment or for the improvement of other elements of the local park and recreational system which already serves such needs. The cash contribu- tions in lieu of school sites shall be collected by the city and forwarded from time to time to the school district to be used in the funding of the acquisition of land for school sites or for other uses as provided by law. Section 21. That Section 18.44.010 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.44.010 Annexation. A request for annexation shall be accompanied by a fee based upon total acreage and the submission of a proposed annexation agreement; Annexation (without Annexation Agreement) I. Less than ten acres, one hundred dollars; 2. Ten acres to less than one hundred acres, one hundred fifty dollars; 3. One hundred acres or more, two hundred dollars. Annexation (with Annexation Agreement) I. Less than ten acres, two hundred fifty dollars; 2. Ten acres to less than one hundred acres, five hundred dollars; 3. One hundred acres or more, seven hundred fifty dollars. Section 22. That Section 18.44.020 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 18.44.020 Preliminary plat filing. A. The submission of the preliminary plat of subdivision or a planned unit development shall be accompanied by the following fees based on the total acreage of the proposed development: I. Less than ten acres, two hundred fifty dollars; 2. Ten acres to less than one hundred acres, five hundred dollars; 3. One hundred acres or more, seven hundred fifty dollars. II 292 VOLUME LIV B. In addition to the above fees, each applicant shall pay for the cost of providing for an accurate verbatim account of the testimony before the planning and land use commission pertaining to his application. A deposit of two hundred dollars shall be made at the time of application. If such costs are less than the deposit, the remainder will be refunded after approval of the final plat by the planning and land use commission. If the cost exceeds the deposit, the additional amount shall be paid in full prior to consideration of the final plat by the city council. C. All fees shall be paid in full prior to consideration by the corporate authorities. Section 23. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 24. That this ordinance be in full force and effect from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Passed: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY EAST OF SOUTH McLEAN BOULEVARD AND SOUTH OF SPARTAN DRIVE Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 293 Ordinance No. G44-89 AN ORDINANCE RECLASSIFYING PROPERTY EAST OF SOUTH McLEAN BOULEVARD AND SOUTH OF SPARTAN DRIVE WHEREAS, written application has been made to reclassify certain property located east of South McLean Boulevard and south of Spartan Drive from R-2 Single Family Residence District to M-1 Limited Manufacturing District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the R-2 Single Family Residence District and including in the M-1 Limited Manufacturing District, the following described property: That part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of the South half of the Northeast quarter of said Section 27; thence southerly along the East line of the Northeast quarter of Section 27, 1331.6 feet to the East quarter corner of Section 27; thence southerly along the East line of the Southeast quarter of Section 27, 495 feet; thence westerly parallel with the North line of the Southeast quarter of said Section 27, 2628 feet to the North and South center line of said Section 27; thence northerly along said North and South center line of Section 27, 161.9 feet to a point 333.1 feet South of the center of said Section 27; thence westerly parallel with the North line of the Southwest quarter of Sec- tion 27, 954.5 feet to the center line of McLean Boulevard (State Aid Route 18); thence northerly along said center line, being along a curve to the left, an arc distance of 899.85 feet; thence northerly along said center line, being tangent to the last described curve, a distance of 653.89 feet; thence northerly along said center line, being along a line that forms an angle of 00 degrees 02 minutes to the right with the prolongation of the last described course, 100 feet to the North line of the Southeast quarter of the Northwest quarter of said Section 27; thence easterly along the North line of the Southeast quarter of the Northwest quarter, 837.5 feet to the Northwest corner of the South half of the Northeast quarter of said Sec- tion 27; thence Easterly along the North line of the South half of said Northeast quarter, 2637.10 feet to the point of beginning, in the City of Elgin, Kane County, Illinois." 294 VOLUME LIV Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Passed: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CRAWFORD, MURPHY & TILLY, INC. Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 295 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CRAWFORD, MURPHY & TILLY, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Crawford, Murphy & Tilly, Inc. for the preparation of plans, specifications and design report for the improvement of Lovell Road, a copy of which is attached hereto and made a part hereof by reference. s George VanDeVoorde George VonDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1988 Vote: Yeas 7 Nays 0 Recorded: Attest: MArie—Yea4an LA�� Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING PRELIMINARY PLAT FOR WESTFIELD BUSINESS PARK Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 296 VOLUME LIV RESOLUTION APPROVING PRELIMINARY PLAT FOR WESTFIELD BUSINESS PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Burnidge & Westphal Inc. dated January 20, 1989 for Westfield Business Park. s/ Geoge VanDevoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Marie Yearm Marie Yearman, City Clerk ORDINANCE PASSED VACATING A PORTION OF WESTFIELD BUSINESS PARK Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 297 Ordinance No.S12-89 AN ORDINANCE VACATING A PORTION OF WESTFIELD BUSINESS PARK WHEREAS, the public interest will be served by vacating a portion of Westfield Business Park in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and WHEREAS, said vacation will facilitate the orderly development of the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That a portion of Westfield Business Park in the City of Elgin, Kane County, Illinois, legally described as follows: Lots 6, 10, 11, 12, 13, 14, 15, 16, 19 and 20 and that part of Essex Lane lying northerly of the easterly extension of the North line of Lot 9 and all of Westfield Drive, in Westfield Business Park, being a subdivision of part of the Northeast quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, being situated in the City of Elgin, Kane County, Illinois and containing 52.90 acres more or less. be and the some is hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Passed: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Ye man Marie Yearman, City Clerk 298 VOLUME LIV RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT WITH CMD DEVELOPMENT Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde Nays: None. VOLUME LIV 299 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT WITH CMD DEVELOPMENT WHEREAS, the owners of certain property commonly known as Westfield Business Park have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed first amendment to the annexation agreement with CMD Elgin Associates Limited Partnership and Richard L. Heimberg is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, are hereby authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to Annexation Agreement with CMD Elgin Associates Limited Partnership, an Illinois Limited Partnership, and Richard L. Heimberg, a copy of which is attached hereto. s/ George VanDevoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: ems/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 300 VOLUME LIV Ordinance No. G45-39 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of stop intersections under Sec- tion 1 1.32.030 the following: Dover Drive. All vehicles being operated on Dover Drive must stop at Maroon Drive before entering the same. Glen Ivy. All vehicles being operated on Glen Ivy Drive must stop at Maroon Drive before entering the same. Horace Drive. All vehicles being operated on Horace Drive must stop at Maroon Drive before entering the same. Mariner Drive. All vehicles being operated on Mariner Drive must stop at Maroon Drive before entering the same. Packard Drive. All vehicles being operated on Packard Drive must stop at (Maroon Drive before entering the some. Thoreau Drive. All vehicles being operated on Thoreau Drive must stop at Maroon Drive before entering the same. ',Malden Drive. All vehicles being operated on Walden Drive must stop at Thoreau Drive before crossing or entering the same. 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 pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Passed: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie 1 rman Marie Yearman, City Clerk VOLUME LIV 301 RESOLUTION ADOPTED EXPRESSING APPRECIATION AND COMMENDATION TO THE SOLID WASTE TASK FORCE Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 302 VOLUME LIV RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO THE SOLID WASTE TASK FORCE WHEREAS, the collection and disposal of solid waste is a matter of great concern to all municipalities, including the City of Elgin; and WHEREAS, the Solid Waste Task Force conducted a comprehensive study and review of means and methods of collection and disposal of solid waste so as to promote the public health, safety and welfare; and WHEREAS, the Solid Waste Task Force undertook an intensive study of the problem of solid waste collection and disposal and alternatives to current collection and disposal practices including but not limited to recycling, collection by contract with private parties, incineration, composting and other disposal techniques; and WHEREAS, the Solid Waste Task Force submitted its findings and recommendations to the City Council of the City of Elgin for future solid waste collection and disposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, on behalf of itself and the people of the City of Elgin hereby expresses its appreciation and commendation to the members of the Solid Waste Task Force for their time and efforts rendered to our community in the study of the collection and disposal of solid waste. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie YeYrman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FIRE PROTECTION AGREEMENT WITH DESOTO, INC. Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned- Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 303 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DESOTO, INC. WHEREAS, DeSoto, Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 DeSoto, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: aa-AC-41�tan s / Marie Yea Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF KALTENBACH AND FERENC FOR THE DESIGN OF THE NEW FIRE STATION Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor Van DeVoorde. Nays: None. 304 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF KALTENBACH AND FERENC FOR THE DESIGN OF THE NEW FIRE STATION 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 Kaltenbach and Ferenc for the design of the new fire station, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: tAttest: s/ Marie Yearman ,'Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENT AGREEMENT WITH THE COUNTY OF KANE Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV MR RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE 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 County of Kane for capture gun training and provision of serum, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: �s/Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 306 VOLUME LIV RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Mary Camacho and Kay Diamond be and are hereby appointed as members of the Board of Fire and Police Commissioners with terms to expire May I, 1992. BE IT FURTHER RESOLVED that Howard Gerber, Dr. Donald Pesch and Dr. Carroll Williams be and are hereby appointed as members of the Board of Health with terms to expire May I, 1992. BE IT FURTHER RESOLVED that Jerry Roberts be and is hereby appointed as a member of the Building Commission and Plumbing Committee withs terms to expire May I, 1992. BE IT FURTHER RESOLVED that John Henrici be and is hereby appointed as a member of the Electrical Committee with a term to expire May I, 1992. BE IT FURTHER RESOLVED that Jim Biewer be and is hereby appointed as a member of the Warm Air Heating Committee with a term to expire May I, 1992. BE IT FURTHER RESOLVED that Robert Sennett be and is hereby appointed as a member of the Board of Examiners of Stationary Engineers with a term to expire May I, 1991. BE IT FURTHER RESOLVED that Sherman Blair be and is hereby appointed as a member of the Civil Service Commission with a term to expire May I, 1992. BE IT FURTHER RESOLVED that James Cook and Ronald Pavlik be and are hereby appointed as members of the Development Corporation with terms to expire April 30, 1992. BE IT FURTHER RESOLVED that Robin Reilly be and is hereby appointed as a member of the Downtown Loan Committee. BE IT FURTHER RESOLVED that Alan Berg, Walter Cordin, Howard Miller, Robin Reilly and Jack Shales be and are hereby appointed.as members of the Greater Downtown Elgin Commission with terms to expire May I, 1992. BE IT FURTHER RESOLVED that Susan Moylan be and is hereby appointed as a member of the Greater Downtown Elgin Commission with a term to expire May I, 1990. BE IT FURTHER RESOLVED Terry Endrud, Elaine McGlone, James Muetterties and James Wooten be and are hereby appointed as members of the Hemmens Advisory Board with terms to expire May I, 1992. BE IT FURTHER RESOLVED that Alice Pragman be and is hereby appointed as a member of the Hemmens Advisory Board with a term to expire May I, 1990. BE IT FURTHER RESOLVED that Mark Herzog, Randy Maid and Jerry Turnquist be and are hereby appointed as members of the Heritage Commission with terms to expire May I, 1992. VOLUME LIV 307 BE IT FURTHER RESOLVED that Marlene Carter, Francis Castillo, Reverend Paul Rouse and Susan Schumpp be and are hereby appointed as member of the Human Relations Commission with terms to expire May I, 1992. BE IT FURTHER RESOLVED Donald Brosnan and Cynthia Cheri -Schiff be and are hereby appointed as members of the Image Advisory Commission with terms to expire May 1, 1992. BE IT FURTHER RESOLVED that Pio Caracheo be and is hereby appointed as a member of the Image Advisory Commission with a term to expire May I, 1991. BE IT FURTHER RESOLVED Dan Fox be and is hereby appointed as a member of the Liquor Control Commission with a term to expire May I, 1991. BE IT FURTHER RESOLVED that John Clemetsen be and is hereby appointed as a member of the Old Main Commission with a term to expire May I, 1994. BE IT FURTHER RESOLVED that William Chesbrough, Catherine Pacetti and James Wooten be and are hereby appointed as members of the Parks and Recreation Board with terms to expire May I, 1992. BE IT FURTHER RESOLVED that Donna Scott be and is hereby appointed as a member of the 9-1-1 Board with a term to expire May I, 1991. s/ George VanDeVoorde George VanDeVoorde, .Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A GRANT OF EASEMENT FOR PUBLIC ROADWAYS AND SUB -SURFACE FACILITIES (Country Trails Subdivision) Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR PUBLIC ROADWAYS AND SUB -SURFACE FACILITIES (Country Trails Subdivision) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a Grant for Public Roadways and Sub -surface Facilities from Commonwealth Edison Company, an Illinois corporation, for the property legally described as follows: LONGFORD DRIVE A strip of land 60 feet wide extending across the Commonwealth Edison Company R/W in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the North line of said Section 17, which is 1,177.12 feet East of the Northwest corner of said Section, said point being on the West line of said Commonwealth Edison Company's R/W being also the Northeast corner of Parkwood East Unit 2; thence South along the West line of said Commonwealth Edison Company's R/W which if extended South, would intersect the South line of the Northwest Quarter of said Section 17 at a point 1,180.59 feet, East of the Southwest corner of said Northwest Quarter of Section 17, a distance of 325.00 feet for the point of beginning; thence East at right angles to the last described course, 190.00 feet to the East line of the 40 foot widening of said Commonwealth Edison Company R/W; thence South along said East line, being a line 190.0 feet East of and parallel with the West tine of Commonwealth Edison Company's R/W (East line of said Subdivision), a distance of 60 feet; thence West along a line drawn perpendicular to the last described course, 190.0 feet to the West line of said Commonwealth Edison Company's R/W (East line of said Subdivision); thence North along said West line 60.0 feet to the point of beginning, in Hanover Township, Cook County, Illinois. ADLER LANE A strip of land 60 feet wide extending across the Commonwealth Edison Company R/W in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the North line of said Section 17, which is 1,177.12 feet East of the Northwest corner of said Section, said point being on the West line of said Commonwealth Edison Company's R/W being also the Northeast corner of Parkwood East Unit 2; thence South along the West line of said Commonwealth Edison Company's R/W which if extended South, would intersect the South line of the Northwest Quarter of said Section 17 at a point 1,180.59 feet, East of the Southwest corner of said Northwest Quarter of Section 17, a distance of 1,652.80 feet for the point of beginning; thence East at right angles to the last described course, 190.00 feet to the East line of the 40 foot widening of said Commonwealth Edison Company R/W; thence South along said East line, being a line 190.0 feet East of and parallel with the West line of Commonwealth Edison Company's R/W (East line of said Subdivision), a distance of 60 feet; thence West along a line drawn perpendicular to the last described course, 190.0 feet to the West line of said Commonwealth Edison Company's R/W (East line of said Subdivision); thence North along said West line 60.0 feet to the point of beginning, in Hanover Township, Cook County, Illinois. VOLUME LIV 309 GRANT FOR PUBLIC ROADWAYS AND SUB -SURFACE FACILI= THIS INDENTURE WITNESSETH, that the Grantor COMMONWEALTH EDISON COMPANY, an Illinois Corporation, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid, does hereby give and grant, but without warranty, subject and subordinate to the rights previously granted by Grantor to and exercised by the NORTHERN ILLINOIS GAS COMPANY and LAKEHEAD PIPELINE COMPANY, each having installed equipment and facilities laid longitudinally in Grantor's Right -of -Way at this location, and subject to the reservations, conditions and provisions herein contained, unto the Grantee, the City of Elgin, Cook County, Illinois, a perpetual easement for the right to use the property legally described as follows: Proiect I: LONGFORD DRIVE A strip of land 60 feet wide extending across the Commonwealth Edison Company R/W in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the North line of said Section 17, which is 1,177.12 feet East of the Northwest corner of said Section, said point being on the West line of said Commonwealth Edison Company's R/W being also the Northeast corner of Parkwood East Unit 2; thence South along the West line of said Commonwealth Edison Company's R/W which if extended South, would intersect the South line of the Northwest Quarter of said Section 17 at a point 1,180.59 feet, East of the Southwest corner of said Northwest Quarter of Section 17, a distance of 325.00 feet for the point of beginning; thence East at right angles to the last described course, 190.00 feet to the East line of the 40 foot widening of said Commonwealth Edison Company R/W; thence South along said East line, being a line 190.0 feet East of and parallel with the West line of Commonwealth Edison Company's R/W West (East line of said Subdivision), a distance of 60 feet; thence 190.0 along a line drawn perpendicular to the last described course, feet to the West line of said Commonwealth Edison Company's R/W (East line of said Subdivision); thence North along said West line 60.0 feet to the point of beginning, in Hanover Township, Cook County, Illinois, as shown on Exhibit "A", attached hereto and made a part hereof; and VOLUME LIV ProiectU: ADLER LANE 310 A strip of land 60 feet wide extending across the Commonwealth Edison Company R/W in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the North line of said Section 17, which is 1,177.12 feet East of the Northwest corner of said Section, said point being on the West line of said Commonwealth Edison Company's R/W being also the Northeast corner of Parkwood East Unit 2; thence South along the West line of said Commonwealth Edison Company's R/W which if extended South, would intersect the South line of the Northwest Quarter of said Section 17 at a point 1,180.59 feet, East of the Southwest corner of said Northwest Quarter of Section 17, a distance of 1,652.80 feet for the point of beginning; thence East at right angles to the last described course, 190.00 feet to the East line of the 40 foot widening of said Commonwealth Edison Company R/W; thence South along said East line, being a line 190.0 feet East of and parallel with the West line of Commonwealth Edison Company's R/W (East line of said Subdivision), a distance of 60 feet; thence West 0 along a line drawn perpendicular to the last described course, feet to the West line of said Commonwealth Edison Company's R/W (East line of said Subdivision); thence North along said West line 60.0 feet to the point of beginning, in Hanover Township, Cook County, Illinois, as shown on Exhibit "B", attached hereto and made a part hereof; and Project M: A strip of land extending across Commonwealth Edison Company's R/W being that part of the West Half of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at a point on the east and west centerline of said Section 17, which is 1,180.59 feet East of the West Quarter corner thereof; thence north along a line being the west line of Commonwealth Edison Company's R/W, which if extended north, would intersect the north line of said Section 17, at a point 1,177.12 feet east of the northwest corner thereof, a distance of 50 feet; thence East along a line 50 feet north of and parallel with the east and west centerline of Section 17, a distance of 190.0 feet to the east line of the 40 foot widening of said Commonwealth Edison Company's R/W; thence south along theeast R/We 50 feet to thelinof said 40 teasteandgof westthe centerrlliineeoft Edison Cop said Company y - 2 - 311 VOLUME LIV Section 17; thence west along the east and west centerline of said Section 17, a distance of 40.02 feet to the east line of Commonwealth Edison Company's original 150 foot wide R/W; thence south along said East line to the intersection of said line with a line drawn 10 feet South of and parallel with the east and west centerline of said Section 17; thence west along the last described parallel line, 150.1 feet to the West line of said Commonwealth Edison Company R/N; thence north along the West line of said Commonwealth Edison Company R/W, 60 feet more or less to the point of beginning, in Hanover Township, Cook County, Illinois, as shown on Exhibit "C", attached hereto and made a part hereof. Projects I, II and III hereinafter shall jointly or severally be known as "Public Roadways". Said Public Roadways identified as "Exhibits A, B, and C"), will provide for the following express purposes and for no other purpose express or implied whatsoever: a. construction and maintenance of the Public Roadways in strict conformity with the plans shown on Exhibits "A, B, and C", b. construction and maintenance of curbs and sidewalks on said property in connection with said Public Roadways, provided that the same shall be constructed at an elevation and in a manner so as not to interfere with Grantor's ingress to and egress from its adjoining property by vehicle or otherwise. Project IV Grantor hereby agrees to grant the right and privilege to install, use, operate, maintain, replace and remove one 10-inch Water Main, within the confines of Longford Drive, hereinafter referred to as "Facility", in, under and across Parcel Nos. 36 and 36W-1 of Grantor's Joliet -Crystal Lake Right -of -Way in the Northwest Quarter of Section 17, Township 41 North, Range 9, East of the Third Principal Meridian, Cook County, Illinois, the said Facility shall be installed along the centerline as indicated on the drawing, marked Exhibit "A" attached hereto and made a part hereof. Project V Grantor hereby agrees to grant the right and privilege to install, use, operate, maintain, replace and remove one 10-inch Sanitary Sewer and one 18-inch Storm Sewer, hereinafter referred to as "Facility", MM VOLUME LIV 312 in, under and across Parcel Nos. 36 and 36W-1 of Grantor's Joliet -Crystal Lake Right -of -Way in the Northwest Quarter of Section 17, Township 41 North, Range 9, East of the Third Principal Meridian, Cook County, Illinois, the said Facility shall be installed along the centerline as indicated on the drawing sheet 5 of 16, dated December 28, 1988, and last revised February 15, 1989, marked Exhibit "D" attached hereto and made a part hereof. Prom Grantor hereby agrees to grant the right and privilege to install, use, operate, maintain, replace and remove one 12-inch Water Main, one 24-inch Storm Sewer and one Manhole, within the confines of Bode Road, hereinafter referred to as "Facility", in, under and across Parcel Nos. 36, 36W-1 and 37 of Grantor's Joliet -Crystal Lake Right -of -Way in the Northwest Quarter of Section 17, Township 41 North, Range 9, East of the Third Principal Meridian, Cook County, Illinois, the said Facility shall be installed along the centerline as indicated on the drawing Sheet 4 of 16, dated December 28, 1988, and last revised February 15, 1989, marked Exhibit "E" attached hereto and made a part hereof. Projects IV, V and VI hereinafter shall jointly or severally be known as "Facilities". Said Facilities identified as "Exhibits A, D, and E"), will provide for the following express purposes and for no other purpose express or implied whatsoever: a. construction and maintenance of the "Facilities" in strict conformity with the plan shown on Exhibits "A, D and E". This grant is made by Grantor and accepted by the Grantee under the following terms and conditions: FIRST: Grantor hereby reserves unto itself, its grantees, licensees, lessees, successors and assigns, the unrestricted right for ingress to and egress from and communication between Grantor's adjoining properties and for installation, operation, maintenance, renewal and removal of its or their - 4 - 313 VOLUME LIV facilities upon, over and under the surface of the property described above, as known as Roadways as it or they shall see fit insofar as such uses are compatible with the improvements as shown on the Exhibits "A, B and C" drawings. SECOND: Grantor hereby reserves unto itself, its grantees, licensees, lessees, successors and assigns, the unrestricted right for ingress to and egress from and communication between Grantor's adjoining properties and for installation, operation, maintenance, renewal and removal of its or their facilities upon, over and under the surface of the property described above, as it or they shall see fit insofar as such uses are compatible with the improvements as shown on the Exhibits "A, D and E" drawings. THIRD: Grantee agrees to require its contractor, before commencing the work of installing, repairing, replacing or removing the Public Roadway and Facilities to purchase and maintain, or at the option of Grantee to itself purchase and maintain, at the cost of Grantee or its contractor, a policy or policies of insurance issued by good and responsible insurance companies and in a form satisfactory to Grantor as follows: 1.) Workers' Compensation Insurance Policy: Coverage A - To pay promptly when due all compensation and other benefits required of the insured by the workers' compensation law. Coverage B - Employers' Liability: To pay on behalf of the insured with limits not less than $500,000 each accident/occurrence all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors, and their subcontractors; - 5 - VOLUME LIV 314 2.) Comprehensive General Liability Policy or Policies covering all contractors, subcontractors and all their subcon- tractors with limits not less than the combined single limit of $3,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence. which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 2010. Bodily injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. There shall be furnished to Grantor, prior to commencing the work of installing, repairing, replacing or removing the Public Roadways and Facilities, a certified copy of each policy of insurance or a Certificate of Insurance issued pursuant to the requirements contained in subparagraphs (1) and (2) of this paragraph THIRD. Insurance coverage as required herein in subparagraphs (1) and (2) shall be kept in force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no exclusions in any of said policies not approved by Grantor. FOURTH: Grantee agrees to have its contractor notify J.U.L.I.E. on telephone number (800) 892-0123, in order that all existing utilities can be located. - 6 - VOLUME LIV 315 FIFTH: Grantee shall notify Grantor in writing at least forty-eight (48) hours in advance, except in case of emergency and in case of routine inspection and operation, before entering upon said property of Grantor to make the herein proposed installation, or any repair, replacement or removal thereof, in order that Grantor can have a representative or representatives present at such time or times if it so desires; said prior notice shall be directed to Grantor's Division Operating Manager in Lombard, Illinois, (Telephone Number (312) 691-4502) or such other person designated by Grantor, and Grantee agrees that any work in said property shall be done to the satisfaction of said representative or representatives of Grantor, and Grantee further agrees, upon request, to reimburse Grantor for the service of such representative or representatives. SIXTH: Grantee agrees that said Public Roadways and Facilities will be installed in Grantor's property in strict conformity with the various drawings, attached hereto. Any proposed changes in said plans, before or after installation, shall be submitted to Grantor for its written approval and no work shall be commenced until such written approval has been obtained. SEVENTH: Grantee agrees that its contractor or contractors shall not install any lighting standards on Grantor's Right -of -Way, and that no equipment higher than fifteen (15) feet in height above existing grade shall be used on Grantor's property. No blasting will be done. EIGHTH: Grantee agrees and shall require its contractor or contractors to correct any drainage problems arising, whether as a result of - 7 - 316 Grantee's use of Grantor's property or otherwise, and further agrees that no manholes. inlets or fire hydrants will be installed on Grantor's property, unless expressly agreed in writing by the parties. NINTH: Grantee agrees to reimburse Grantor and its grantees, lessees or licensees for any expense incurred in protecting or rearranging their facilities due to the installation, operation, maintenance or removal of said Public Roadways and Facilities. TENTH: In addition to any extraneous agreements, contracts or understandings that the Grantee would have concerning any of the On -Site or Off -Site Improvements associated with the Developer or Subdivider of this Project, Grantee agrees that with its execution of this agreement, which Public Roadways and Facilities is a part of the Off -Site Improvements to this Project, that it has taken and assumed all liabilities and responsibilities associated with, caused by, connected with or in any way attributable to the construction and placement of said Public Roadways and Facilities as located in the Property of Grantor in advance of Grantee's acceptance or finalization of the On -Site or Off -Site Improvements associated with this Project and its Developer or Subdivider. ELEVENTH: Grantee shall comply with all applicable environmental statutes, ordinances, rules, regulations, and orders (hereinafter referred to as "Standards") issued by any federal, state or local environmental agency relating to Grantee's use of Grantor's property hereunder. Such Standards encompass, but are not limited to, those concerning air, water, noise, solid - 8 - VOLUME LIV 317 wastes, hazardous substances, and hazardous wastes. Grantee shall not use waste oil as a means of suppressing dust on gravel roads or anywhere else on Grantor's premises. Grantee shall reimburse Grantor for all costs incurred by Grantor including, without limitation, fines and penalties imposed for violation of Standards and the actual expense of correcting the actual or alleged violation. Grantee shall assume liability for and shall indemnify and hold Grantor harmless from any claim or violation of Standards which results from Grantee's use of Grantor's premises. Grantee, at its cost, shall assume the defense of all claims of violation of the Standards, regardless of whether they are asserted against Grantee or Grantor, except claims resulting from Grantor's sole negligence. Notwithstanding the expiration or termination of this agreement, Grantee shall remain liable for all costs provided for herein, and shall further remain obligated to defend, indemnify and hold Grantor harmless for any and all violations or alleged violations of Standards which occurred or were caused during the actual term of this agreement. TWELFTH: Grantee shall indemnify and save harmless the Grantor, its officers and employes, from all claims, litigation and liability asserted against them or any of them, and any costs and attorneys' fees incidental thereto, on account of injury to or death of any person or persons whomsoever on account of damage to any property, or on account of loss or interruption of electric service, caused by, connected with, or in any way attributable to, the rights herein granted or Grantee's failure to comply with any of the terms - 9 - or conditions hereof. Grantee shall undertake the defense of Grantor, its officers and employes in any such litigation, if Grantor requests Grantee to do so. THIRTEENTH: Grantor shall not be liable to Grantee for damage to the Facilities due to the installation, operation, maintenance or removal of any present or future facilities of Grantor in Grantor's property. FOURTEENTH: Grantee agrees to obtain at its sole cost and expense such permits, licenses or other authority which may be required from the County of Cook, State of Illinois, and any other authorities having jurisdiction, before using said premises for the purpose herein proposed and agrees to comply with and strictly observe any and all laws, rules, statutes and regulations of any such authorities. FIFTEENTH: The rights herein are granted subject to any use now made of the hereinbefore described property by Grantor, its grantees, licensees and lessees, and should Grantor desire to make any use of its property with which just the Facilities will in any manner interfere, Grantor shall deliver to Grantee a written notice describing such proposed use and stating that just said Facilities will interfere with such proposed use. With the notice shall be an estimate of any additional costs incurred by Grantor if its proposed construction is altered to avoid or minimize interference with just the Facilities. Grantee shall, at its cost and expense, commencing ninety (90) days after receiving such notice from Grantor, (1) make such changes in just — 10 VOLUME LIV 319 said Facilities as in the judgment of Grantor may be required to avoid or minimize such interference, including relocation of just the Facilities to another location designated by Grantor in its property or (2) notify Grantor within twenty (20) days of receipt of such notice, that it elects to reimburse Grantor for said additional cost. SIXTEENTH: Any electrolysis mitigating methods or equipment used in connection with just Grantee's Facilities shall be coordinated with methods or requirements of Grantor and Grantee agrees to provide and install, at its sole cost and expense, such equipment as may be necessary to mitigate any electrolysis caused by the presence of just said Facilities in Grantor's property. SEVENTEENTH: Grantee agrees to pay Grantor, its grantees, licensees, lessees, successors or assigns, for any and all damage and expense which they or any of them, may sustain or be put to because of damage to any property of Grantor, its grantees, licensees, lessees, successors or assigns, on account of the installation, operation, maintenance, repair, replacement or removal of the Public Roadways and Facilities and Grantee agrees, upon completion of said work to replace all back filling material and surfacing material in a neat and workmanlike manner and to leave Grantor's property in a neat, clean and orderly condition. EIGHTEENTH: Grantor further reserves the right to trim from time to time such trees, saplings and bushes as may be reasonably required in the 320 operation and maintenance of said facilities of Grantor, and Grantee agrees not to plant any trees on or near Grantor's property, which can grow into the facilities of Grantor. NINETEENTH: Grantee covenants and agrees that it will not permit or suffer any lien to be put upon or arise or accrue against said premises in favor of any person or persons, individual or corporate, furnishing either labor or material in any work herein proposed; Grantee further covenants and agrees to hold Grantor and said Premises free from any and all liens, or rights or claims of lien which may or might arise or accrue under or be based upon any mechanic's lien law, so called, of the State of Illinois, now in force or hereafter to be enacted. All contracts and agreements that may be made by Grantee relating to any work herein proposed, shall expressly state that the interest and reversion of Grantor in and to said premises shall be wholly free from and not subject to any lien or claim of any contractor, subcontractor, mechanic, materialman or laborer, whether based upon any law or regulation of the State of Illinois, or any other authority, now in force or hereafter to be enacted, and Grantee also hereby covenants and agrees that it will not enter into any contract for such work which shall not in express terms contain the aforesaid provisions. TWENTIETH: Said Public Roadways and Facilities shall be constructed across Grantor's property in such a manner as to withstand heavy vehicle equipment traversing Grantor's property. - 12 - VOLUME LIV 321 TWENTY-FIRST: Upon completion of the construction, installation, laying or placing of just said Facilities, Grantee shall thereafter and at its own expense maintain, repair and renew just said Facilities and. in the event of its failure to do so, Grantor shall have the right, after ten (10) days' written notice to Grantee, to either itself maintain, repair and renew just said Facilities at the sole cost and expense of Grantee, or to terminate this agreement. TWENTY-SECOND: In the event Grantee fails, at any time or times, to observe or perform any of its covenants or agreements or the terms hereof, Grantor may give written notice of termination to Grantee, and Grantee's rights and authority hereunder shall thereupon cease (except for the right to correct such failure) so long as such failure continues, provided that if such failure shall continue for a period of sixty (60) days after given such notice Grantee's rights and authority hereunder shall terminate forever. Upon termination of this Agreement or Grantee's rights and authority hereunder, for any reason whatsoever, Grantee shall, at its expense, remove the Facilities and restore the property to the satisfaction of Grantor and reimburse Grantor for all expenses incurred in connection with such removal. If'Grantee shall fail to remove just the Facilities in the manner aforesaid within ninety (90) days after termination, just the Facilities shall become the sole property of Grantor, without liability or obligation to account to the Grantee therefor, and Grantee shall reimburse Grantor for all expense, incurred by Grantor at - 13 - 322 any time thereafter, in connection with removal and disposal of all or any portion of just the Facilities and restoration of Grantor's property. Termination of Grantee's rights and authority hereunder, shall not affect any right of Grantor to indemnification hereunder, arising from any acts, omissions or events occurring prior to such termination nor reimbursement for Grantor's expenses incurred under this paragraph after such termination. Failure of Grantor, at any time, to insist upon performance or observance of any term, covenant, agreement or condition contained herein shall not be construed as a release of any right of Grantor hereunder or as a waiver of any right to enforce any term, covenant, agreement or condition herein contained. TWENTY-THIRD: Upon completion of the construction, installation, laying or placing of said Public Roadways, Grantee shall thereafter and at its own expense, maintain, repair and renew said Public Roadways. TWENTY-FOURTH: As a further consideration for this grant, Grantor and or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvement. TWENTY-FIFTH: As further consideration for this grant of easement, Grantee agrees to deposit or cause its contractors to deposit, before the start of construction, with Grantor, an irrevocable letter of credit, drawn on - 14 - w 0 0 ip, -- fir) I'.I SGr'i9R4n' Gu V PIS �R,,S ....... .o, = /50 i � 3 �r�:� l i .'• vO '.VArr ,�.;.�... .� ....._ ,,.: EXHIBIT E4WFA � L�7'CO��2 Q Q� 15e 5 - 62�p EXiSTiAt _6z5 j 820 ' OF aRA0PQ2S,"5o � GZAL� to E�ri3r'ic.li 3a " 'Apir'GivE r - ' iLso Hats• CENT�PLI�1/E P��O I'�� �� • EXHIBIT "B„ VOLUME LIV 323 a national or state bank in the sum of Five Thousand Dollars ($5,000.00) U.S. currency, payable on drafts drawn to the order of Commonwealth Edison Company, on the following terms and conditions: 1. Drafts drawn by Commonwealth Edison Company shall be accompanied by a letter signed by the Grantor's Land Management Supervisor, stating that Grantee has not complied with the provisions of Paragraph SEVENTEENTH of this easement grant. 2. The letter of credit shall expire upon issuance of a letter signed by said Grantor's representative stating that compliance has been made by Grantee or its contractor with the provisions of Paragraph SEVENTEENTH and in any event, said letter of credit shall expire twelve months after written notification has been sent by U.S. mail, registered, return receipt requested, to said Grantor's representative, that construction has been completed. TWENTY-SIXTH: This agreement shall be executed for and on behalf of the Grantee pursuant to a Resolution passed by the Mayor and City Council of Grantee and a certified copy of said Resolution shall be attached hereto and made a part hereof as evidence of the authority herein exercised by the undersigned Officers of the Grantee. - 15 - 324 TWENTY-SEVENTH: The terms "Grantor" and "Grantee" wherever used in this instrument are intended in each instance to include the respective successors and assigns of Grantor or Grantee, whichever the case gay be, and all of the terms and provisions of this instrument shall inure to the benefit of and be binding upon the respective successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of , A.D. 198 . COMMONWEALTH EDISON COMPANY By, ATTEST: Vice President Assistant Secretary The foregoing grant is hereby accepted upon the terms and conditions stipulated therein. ATTEST: Clerk 2790F: - 16 - Grantee: CITY OF ELGIN By. Mayor VOLUME LIV 325 DEVELOPER'S AND CONTRACTOR'S GUARANTEE U. S. Shelter, Inc., 400 Park Boulevard West, Itasca, Illinois 60143, agrees to guarantee performance of the work contemplated and of said facility, as the party constructing and installing the facility and initial owner thereof, and to be bound by all terms, conditions and covenants of this agreement except Paragraphs THIRD, NINETEENTH and TWENTY-FIFTH, and further rTagrees tooPay COMMONWEALTH EDISON COMPANY, upon execution hereof, e llars ($3,000.00) as a preparation fee, compensating COMMONWEALTH EDISON COMPANY for its expenses fnitsnpublicnutilitynresponsibilitiescanod itheipreparationpof this performance o p document. _ BY 1 DAT ACCEPTED:�4�`" '/ SEAL ATTEST: t - 17 - 326 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, , a Notary Public, in and for said County, in the State aforesaid. hat VicdPnct eresidetofCOMMONWEALTH EDISON COMPANY, an Illinois corporation, and Assistant Secretary of said company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such vice President and Assistant Secretary, respectively, appeared before me this day in person, and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth; and the said Assistant Secretary did also then and there acknowledge that he, as custodian of the corporate seal of said company, did affix the said corporate seal of said company to said instrument as his own free and voluntary act, and as the free and voluntary act of said company, for the uses and purposes therein set forth. of Given under my hand and notarial seal this . A.D. 19 . Notary Public My Commission Expires: STATE OF ILLINOIS ) SS COUNTY OF ) day I, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that personally known to me to be the Mayor of the CITY OF ELGIN, and personally known to me to be the Clerk of said City, both of whom are personally known to me to be the same persons whose names are subscribed to the acceptance of the foregoing instrument as such Mayor and Clerk, appeared before me this day in person and acknowledged that they signed and delivered such acceptance for and on behalf of said City and caused the corporate seal of said City to be affixed thereto as their free and voluntary act, and as the free and voluntary act of said City for the uses and purposes therein set forth, pursuant to a written resolution duly passed by the Mayor and the City Council of said City on the day of , A.D. 19 Given under my hand and notarial seal this day of , A.D. 19 . My Commission Expires: — 18 — Notary Public 330 VOLUME LIV Ordinance No. G43-89 AN ORDINANCE PROVIDING FOR APPOINTMENTS TO THE CIVIL SERVICE COMMISSION WHEREAS, the City of Elgin is a home rule unit within the meaning of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the makeup and composition of the Civil Service Commission are matters pertaining to 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 1. That Section 3.04.010 of Chapter 3.04 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: 3.04.010 Established --Appointment. There shall be a civil service commission of five commissioners for the city. Such commissioners shall be appointed by the mayor for three year terms. These appointments shall be staggered such that not more than two terms shall expire in any single year. Of the five commissioners, not less than two shall be female. 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 from and after its passage and approval in the manner provided by law. Presented: May 10, 1989 Passed: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: ua-�� s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED METER PRICE s/ George VanDeVoorde George VanDeVoorde, Mayor ESTABLISHING WATER SCHEDULE Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 331 RESOLUTION ESTABLISHING A WATER METER PRICE SCHEDULE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following rates and charges be and are hereby established for water meters: Remote Total Size & Type Installation Price 5 /8" Loco 1 $ 28.00 5/8" Remote $ 25.00 $ 61.00 3/4" Local $ 47.00 3/4" Remote $ 25.00 83.00 1" Local 86.00 I" Remote $ 25.00 $ 125.00 1'h" Loco 1 $ 185.00 1'h" Remote $ 25.00 $ 221.00 2" Loco $ 252.00 2" Remote $ 25.00 $ 358.00 Turbines 2" Loco 1 $ 245.00 2" Remote $ 25.00 $ 314.00 3" Loco 1 $ 391.00 3" Remote $ 25.00 $ 460.00 4" Local $ 633.00 4" Remote $ 25.00 $ 702.00 6" Local $ 11176.00 6" Remote $ 25.00 $ 1,245.00 Compounds 2" Local $ 715.00 2" Remote $ 25.00 $ 795.00 3" Local $ 968.00 3" Remote $ 25.00 $ 1,048.00 4" Local $ 1,595.00 4" Remote $ 25.00 $ 1,675.00 6" Loco 1 $ 2,860.00 6" Remote $ 25.00 $ 2,940.00 s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk 332 VOLUME LIV REPORTS RECEIVED AND ORDERED PLACED ON FILE Building Permit Report for April, 1989 Transportation Report for March, 1989 Land Use Committee Minutes for April 3, 1989 Committee of the Whole Meeting Minutes for April 12, 1989 Disbursement Report for April, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to place the above reports on file, as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Denise Hopkins, a member of the Elgin Planning Commission, gave the Council a briefing on her attendance at the 1989 Institute on Planning and Zoning. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilwoman Popple to adjourn the Council Meeting to go into Executive Session to discuss personnel, land acquisition, and litigation. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 9:00 p.m. Marie Yearman, City Clerk VOLUME LIV May 25, 1989 333 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A re -scheduled meeting of the Council of the City of Elgin, Illinois, was held on May 25, 1989 at 8:15 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Robert Linstrom, and the Pledge of Allegiance was led by Councilman Fox. ROLL CALL Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE MAY 10, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilwoman Popple to approve the May 10, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS The Mayor and Council congratulated the following students and advisor from Kimball Middle School for winning the state competition, sponsored by NASA for the naming of the space shuttle: Advisor: William Glennon Students: Emily Burge Matt Craker Dina Rodriguez Stacy Wolter Councilwoman Moylan made a motion, seconded by Councilman Fox to pass a Resolution expressing commendation and congratulations to State Winners for the naming of the Space Shuttle. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 334 VOLUME LIV ` RESOLUTION EXPRESSING COMMENDATION AND CONGRATULATIONS TO STATE WINNERS FOR THE NAMING OF THE SPACE SHUTTLE WHEREAS, Kimball Middle School students recently participated in a national competition sponsored by NASA for the naming of the space shuttle; and WHEREAS, Kimball Middle School students won the state competition with the winning name "Endeavour'; and WHEREAS, the name "Endeavour" was selected although a competing school from Georgia won the national competition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby commends and congratulates Advisor: William Glennon Students: Emily Burge Matt Craker Dina Rodriguez Stacy Wolter as the state winners in the NASA sponsored competition for the naming of the space shuttle, "Endeavour". The winners have brought recognition and credit to themselves, their school and to the City of Elgin, which hereby expresses is appreciation. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays p Recorded: Attest: Marie Yearman, �ityylerk VOLUME LIV 335 1989 Police Awards Presentations Officer David Buck - Meritorious Service Award Class A Officer John Demmin - Meritorious Service Award Class A Officer Kenneth Herman - Meritorious Service Award Class A Officer Harold Johns - Meritorious Service Award Class A Sergeant James Kelly - Meritorious Service Award Class AA Officer Emmett Moneyhun - Meritorious Service Award Class Officer Thomas Olson - Illinois Crime Prevention Association Region IV/Individual Crime Prevention Work. Officer Daniel Radmer - Police Training Institute Warren Award/ Outstanding Academic Student. Officer Ronald Reiter - Meritorious Service Award Class A Officer William Soulier - Meritorious Service Award Class Officer Michael Turner - American Legion Police Officer of the Year - 1988 - 2nd Award. The Mayor and Council congratulated the Officers on their achievements BID AWARDED FOR TREE PLANTING PROGRAM Councilman Fox made a motion, seconded by Councilman Walters to award this bid to Proficiency Landscaping of Elgin, Illinois, in the amount of $76,426.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR FIREWORKS DISPLAY AA Councilwoman Moylan made a motion, seconded by Councilwoman Shales to award this bid to Gemini Fireworks & Explosives Corporation in the amount of $8,814.50. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR RADIO MAINTENANCE SERVICE CONTRACT Councilwoman Popple made a motion, seconded by Councilman Fox to award this bid to Metrocom Communications, Inc., for a monthly cost of $2,798.00, or $33,576.00 annually. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR CEMETERY TRAILER Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to Frigid Fluid Company for a total amount of $1,893.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 336 VOLUME LIV BID AWARDED FOR COLD PRESSURE WASHER Councilwoman Moylan made a motion, seconded by Councilwoman Popple to : Declare the bid from Drummond to be non -responsive for failing to meet minimum bid specifications regarding PSI and engine size. To award this bid to the low responsive bidder, L & A Products Service Company, in the amount of $1,706.50. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR HYDRAULIC FLOOR LIFT Councilwoman Shales made a motion, seconded by Councilwoman Popple to award this bid to Multi -Auto -Quip Company in the total amount of $7,452.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING REGARDING A PROPOSED ANNEXATION AGREEMENT, PROPERTY LOCATED ALONG RANDALL ROAD AND FOX LANE (PET. 31-89) - CONTINUED Roger Dahlstrom: I would like to point out that the annexation of this property will be in general conformance with both the City's Land Use, and Comprehensive Plan. There are some items yet to be resolved with respect to this Petition. Perhaps most importantly, we have yet to receive a response from the Kane County Highway Department regarding the latest revisions of the Barton-Aschman access study that Petitioner commissioned in support of their position regarding another point of access on Randall Road. In fairness to the County they have only had that for less than a week. We have had a meeting with the Petitioner and there is a feeling that is mutually shared that there may be some value to continuing this hearing. Jim Cook: It is a recommendation from my office that this public hearing be continued to June 14th, which will save having to re -advertise it. This recommendation would pertain to Items H (2) and H (3) as well. Attorney Dalton: I agree with Mr. Dahlstrom and Mr. Cook, all parties agree it would be in the best interest to continue this matter until your next meeting on June 14th. VOLUME LIV 337 We had a long meeting with the staff on Tuesday of this week, and it resolved most of the issues that the staff has raised. This evening we have circulated a revised preannexation agreement to the appropriate staff people, in response to our meeting on Tuesday. Probably the most important issue from our client's standpoint is the access point on Randall Road, so we would respectfully ask that the matter be continued until June 14th. Mayor VanDeVoorde: Since this is an announced public hearing, I would ask if anyone in the audience would like to address this matter at this time. (no response) Councilman Fox made a motion, seconded by Councilwoman Shales to continue this public hearing until June 14, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING FOR PROPOSED SECOND AMENDMENT TO THE ANNEXATION AGREEMENT PROPERTY LOCATED EAST OF RANDALL ROAD ROAD (PET. 46-89) - CONTINUED Councilwoman Moylan made a motion, seconded by Councilwoman Popple to continue the subject public hearing until June 14, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 31-89 REQUESTING ANNEXATION AND M-2 GENERAL RESIDENCE DISTRICT ZUN1NU, PRUYERTY LOCATED ALONG RANDALL ROAD AND FOX LANE, BY KENNETH AND BARBARA THRUN, GORDON AND VERA TEEPLE, AND KENNETH AND CAROL TEEPLE - CONTINUED Councilwoman Popple made a motion, seconded by Councilman Walters to continue Petition 31-89 to June 14, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 27-89 REQUESTING ANNEXATION, R-4 GENERAL RESIDENCE DISTRICT ZONING AND A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT, PROPERTY LOCATED ON THE NORTH SIDE OF WEST HIGHLAND AVENUE, SOUTH AND WEST OF VALLEY CREEK SUBDIVISION - APPROVED Councilwoman Shales made a motion, seconded by Councilman Walters to remove Petition 27-89 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 338 VOLUME LIV Roger Dahlstrom: As you can see by our covering memorandum there are 4 unresolved issues with respect to this Petition. Essentially the Petitioner feels that they had addressed items 2 and 4, which are basically design issues. They have done this by providing alternative means of pedestrian access in the form of pathways, which are provided for in the City's subdivision ordinance. Additionally, as an option, in the form of development of their property where it abuts the Valley Creek development, they propose the option of single family homes in the f irst tier of lots along that property line. Essentially it is changing the land use from single family to duplex on their property. The other two issues are really ones that reflect City policy regarding certain things, particulary the term of the annexation agreement, and the issue of when the payment would be due for school and park site contributions. Charles Cassell: The issue of the existing single family lots in relationship to our proposal, formerly we had a series of either single family or duplex housing arranged backing up to these single family lots. We have rearranged that, what you are looking at now is our new proposal, where all of these units that abut the single family, would in fact, be single family units. The other issue of the walks, we have shown a carriage walk throughout the duplex area, along the edge of the private road, and a halfway system bringing access to the sidewalk on Highland Springs Drive, from both the four unit building area and the townhouse area. Mayor VanDeVoorde: We still have the other two unresolved issues, which relate to City policy. Attorney Heimburg: I believe we indicated at the last meeting that we were not making those an issue. Councilwoman Moylan made a motion, seconded by Councilwoman Shales to approve Petition 27-89, subject to the presentation as modified and the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 37-89 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT, PRO- PERTY LOCATED AT THE NORTHWEST CORNER OF OF SOUTH BELMONT STREET AND ERIE STREET BY PACE CONSTRUCTION AND CLINTON MUNCH - APPROVED Roger Dahlstrom I would like to call you attention to attached correspondence in your packet, referenced, correspondence/Sanitary District. In this correspondce the Sanitary District is pointing VOLUME LIV 339 out that they have some concerns about whether or not septic systems might work in this area, or might work for some period of time, so they are suggesting the development move forward under the provisions of the interim septic policies. Under any provision of the subdivision regulations, it would be necessary, prior to the issuance of any permit, to allow a septic system, that the engineering for that system, including soil analysis, prove positive. The alternative of interim septic would then be necessary, or perhaps even extension of the sewer, depending upon the outcome of the testing of the soils. I would like to point out that form of analysis would be required under any circumstances, prior to the issuance of a permit for that type of construction. Fred Ledebuhr: I did talk to Mr. Pagorski about this, and it was recommended that we annex to the District, and I think we are completely within the District boundaries. Roger Dahlstrom: I don't believe that you are, but it would require a restrictive covenant to be placed on the property to insure annexation at the time of continuity. Fred Ledebuhr: We went out there with a backhoe and dug various test holes and deemed that the land, as it lays, is very suitable, especially with 30,000 square feet per lot, to handle a septic system. We don't anticipate any problem with a septic system. Our goal here is that we could produce five single family lots that were affordable to young married people. Councilman Walters made a motion, seconded by Councilwoman Shales to approve Petition 37-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION Sll-89 REQUESTING PRELIMINARY PLAN AND FINAL PLAN APPROVAL FOR CLINTON MUNCH SUBDIVISION, PROPERTY LOCATED AT THE NORTHWEST CORNER OF SOUTH BELMONT STREET APPRnVFn Councilwoman Moylan made a motion, seconded by Councilwoman Popple to approve Application S11-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 340 VOLUME LIV APPLICATION S112-89 REQUESTING FINAL PLAT APPROVAL FOR COUNTRY BROOK SUB- DIVISION, PROPERTY LOCATED SOUTH OF BODE ROAD, BY U.S. SHELTER - APPROVED Councilwoman Shales made a motion, seconded by Councilman Walters to approve Application S12-89, subject to the Land Use Committeee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED PROVIDING FOR THE ISSUE OF $3,240,000 GENERAL OBLIGATION BONDS, SERIES 1989 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND FOR THE LEVY OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON SAID BONDS Councilman Walters made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 341 ORDINANCE NO. T1-89 AN ORDINANCE providing for the issue of $3,240,000 General Obligation Bonds, Series 1989 of the City of Elgin, Kane and Cook Counties, Illinois, and for the levy of a direct annual tax sufficient to pay the principal and interest on said bonds. WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois, pursuant to the provisions of the 1970 Constitution of the State of Illinois, and particularly Article VII, Section 6(a) thereof, is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt; and WHEREAS, pursuant to the provisions of Sections 6(d) and 6(k) of said Article VII of said 1970 Constitution, the City of Elgin has the power to incur debt payable from ad valorem tax receipts maturing within forty (40) years from the time it is incurred and without prior referendum approval; and WHEREAS, it is deemed to be necessary, essential and for the best interests of the inhabitants of the City of Elgin that the City construct two new fire stations and make various street improvements, said construction and improvements and the amounts estimated to be needed to pay said City's costs therefor being $3,240,000; and WHEREAS, there are insufficient funds on hand and available to pay the costs estimated for the purposes as hereinabove stated; and 342 VOLUME LIV WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois, is authorized by the provisions of the Constitution of the State of Illinois, above referred to, and pursuant to the procedures set forth in Ordinance No. G22-75 adopted on April 23, 1975, to incur indebtedness payable from ad valorem tax receipts maturing within forty (40) years from the time of incurring the same without prior referendum approval; and WHEREAS, it is necessary that the said construction and improvements be made in order to provide governmental services to the inhabitants of said City and it is necessary for the welfare of the government and affairs of the City, is a proper public purpose and is in the public interest of the City that the sum of $3,240,000 be borrowed at this time, and in evidence of such indebtedness full faith and credit bonds in the aggregate principal amount of $3,240,000 be issued, and that such indebtedness be incurred without submitting the question of incurring such indebtedness to the electors of said City for their approval: NOW, THEREFORE, Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, as follows: Section 1. Authorization. It is hereby found and determined that the City Council of said City has been authorized by the provisions of the Constitution of the State of Illinois, above referred to, and pursuant to the procedures set forth in Ordinance No. G22-75 adopted on April 23, 1975, to issue bonds of said City in the aggregate amount of $3,240,000 for the purpose of paying part of the cost of constructing two new fire stations and making various street improvements in said City to serve the -2- VOLUME LIV 343 inhabitants of the City of Elgin and such borrowing of money is necessary for the welfare of the government and affairs of the City, is a proper public purpose and is in the public interest. Section 2. Bond Details. There be borrowed on the credit of and for and on behalf of the City of Elgin, Kane and Cook Counties, Illinois, the sum of $3,240,000 for the purposes aforesaid; that bonds of the City (the "Bonds") shall be issued in said amount and shall be designated "General Obligation Bonds, Series 1989," the Bonds initially shall be dated June 1, 1989, and shall also bear the date of authentication, shall be in fully registered form, shall be in denominations of $5,000 each and multiples thereof, shall be numbered 1 and upward, and the Bonds shall become due and payable serially on January 1 of each of the years, in the amounts and bearing interest per annum as follows: Year of Principal Rate of Maturity Amount Interest 1992 $ 190,000 6.40% 1993 200,000 6.40% 1994 200,000 6.40% 1995 1,650,000 6.40% 1996 1,000,000 6.50% The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of the Bonds is paid, such interest (computed upon the basis of a 360- day year of twelve 30-day months) being payable on the first days of January and July of each year, commencing on July 1, 1990. Interest on each Bond shall be paid by check or draft of the American National Bank and Trust Company of Chicago, Chicago, Illinois (the "Paying Agent"), payable in lawful money of the -3- 344 VOLUME LIV United States of America, mailed to the person in whose name such Bond is registered at the close of business on the 15th day of the calendar month next preceding the interest payment date. The principal of the Bonds shall be payable in lawful money of the United States of America at the principal office of the Paying Agent. maturity. The bonds are not subject to redemption prior to The Bonds shall be signed by the manual or facsimile signatures of the Mayor and City Clerk of the City, and the seal of the City shall be affixed thereto or printed thereon, and in case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authen- tication substantially in the form hereinafter set forth duly executed by American National Bank and Trust Company of Chicago, Chicago, Illinois (the "Bond Registrar"), as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this ordinance. The certificate of authentication on any Bond shall -4- VOLUME LIV 345 be deemed to have been executed by the Bond Registrar if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 3. Registration of Bonds; Persons Treated as Owners. The City shall cause books (the "Bond Register") for the registration and for the transfer of the Bonds as provided in this ordinance to be kept at the office of the Bond Registrar, which is hereby constituted and appointed the registrar of the City. The City is authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Upon surrender for transfer of any Bond at the office by the Bond Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Bond Registrar and duly executed by, the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity of authorized denominations, for a like aggregate principal amount. The date of the new fully registered Bond or Bonds shall be as of the interest payment date next preceding its or their issuance or if issued on an interest payment date shall be as of such payment date. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond, provided, however, the principal amount of -5- 346 VOLUME LIV outstanding Bonds of each maturity authenticated by the Bond Registrar shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the fifteen (15th) day of the month next preceding any interest payment date on such Bond and ending on such interest payment date. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed by any appropriate governmental agency other than the City in connection with any transfer or exchange of Bonds. Section 4. Form of Bond. The Bonds shall be prepared in compliance with the National Standard Specifications for Fully Registered Municipal Securities prepared by the American National Standards Institute and shall be in substantially the following form; provided, however, that if the text of the Bond is to be printed in its entirety on the front side of the Bond, then para- graph (2) and the legend, "See Reverse Side for Additional -6- VOLUME LIV 347 Provisions", shall be omitted and paragraphs (6) through (12) shall be inserted immediately after paragraph (1): REGISTERED NO. (Form of Bond - Front Side) REGISTERED UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTIES OF KANE AND COOK CITY OF ELGIN GENERAL OBLIGATION BOND, SERIES 1989 :See Reverse Side: :for Additional :Provisions Interest Maturity Rate: % Date: January 1, Registered Owner: Principal Amount: Dated Date: June 1, 1989 CUSIP (1) KNOW ALL MEN BY THESE PRESENTS, that the City of Elgin, Kane and Cook Counties, Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the date of this Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum set forth above on January 1 and MIM 348 VOLUME LIV July 1 of each year commencing July 1, 1990, until said Principal Amount is paid. Principal of this Bond is payable in lawful money of the United States of America at the principal office of American National Bank and Trust Company of Chicago, Chicago, Illinois, as paying agent (the "Paying Agent"). Payment of the installments of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by American National Bank and'Trust Company of Chicago, Chicago, Illinois (the "Bond Registrar"), at the close of business on the 15th day of the calendar month next preceding each interest payment date and shall be paid by check or draft of the Paying Agent, payable in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. For the prompt payment of this Bond, both principal and interest, the full faith, credit and resources of the City are hereby irrevocably pledged. (2) Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof and such further provisions shall for all purposes have the same effect as if set forth at this place. (3) It is hereby certified and recited that all condi- tions, acts and things required by law to exist or to be done precedent to and in the issuance of this Bond did exist, have happened, been done and performed in regular and due form and time as required by law; that the indebtedness of the City, including the issue of Bonds of which this is one, does not exceed any limitation imposed by law; and that provision has been -8- VOLUME LIV 349 made for the collection of a direct annual tax sufficient to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity. (4) This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. (5) IN WITNESS WHEREOF, said City of Elgin, Kane and Cook Counties, Illinois, by its City Council, has caused this Bond to be signed by the duly authorized facsimile or manual signatures of the Mayor and City Clerk of said City, and has caused the seal of the City to be affixed hereto or printed hereon, all as of the Dated Date identified above. (Signature) Mayor, City of Elgin, Kane and Cook Counties, Illinois (Signature) City Clerk, City of Elgin, Kane and Cook Counties, Illinois Date of Authentication: , CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned ordinance and is one of the General Obligation Bonds, Series 1989 of the City of Elgin, Kane and Cook Counties, Illinois. American National Bank and Trust Company of Chicago, as Bond Registrar By Authorized Officer Bond Registrar and Paying Agent: American National Bank and Trust Company of Chicago, Chicago, Illinois -9- 350 VOLUME LIV (Form of Bond - Reverse Side) City of Elgin Kane and Cook Counties, Illinois General Obligation Bond, Series 1989 (6) This Bond is one of a series of Bonds issued by the City for the payment of part of the cost of constructing two new fire stations and making various street improvements in said City to serve the inhabitants of the City of Elgin and for the payment of expenses incident thereto, pursuant to and in all respects in full compliance with the provisions of Section 6 of Article VII of the Constitution of the State of Illinois, and in compliance with the provisions of Ordinance No. G22-75 adopted by the City Council of said City on April 23, 1975, establishing the procedures for issuing full faith and credit bonds, and an ordinance authorizing the issuance of this Bond, now in full force and effect. maturity. (7) The Bonds are not subject to redemption prior to (8) This Bond is transferable by the registered holder hereof in person or by his attorney duly authorized in writing at the office of the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the authorizing ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. -10- VOLUME LIV 351 (9) The Bonds are issued in fully registered form in the denomination of $5,000 each or integral multiples thereof. This Bond may be exchanged at the office of the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity in the denomination of $5,000 and integral multiples thereof, upon the terms set forth in the authorizing ordinance. (10) The City, the Paying Agent and the Bond Registrar may deem and treat the registered holder hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City, the Paying Agent nor the Bond Registrar shall be affected by any notice to the contrary. (11) The City has designated the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. (ASSIGNMENT) FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. -11- 352 VOLUME LIV Section 5. Sale of Bonds. The Bonds hereby authorized shall be executed as in this ordinance provided as soon after the passage hereof as may be, and thereupon be deposited with the Treasurer of the City, and be by said Treasurer delivered to The Northern Trust Bank and Associates, Chicago, Illinois, the purchaser thereof, upon receipt of the purchase price therefor in the amount of $3,213,730, plus accrued interest from June 1, 1989 to the date of delivery; it is hereby found and determined that no person holding any office of the City either by election or appointment, is in any manner interested, either directly or indirectly, in his own name or in the name of any other person, association, trust or corporation, in said purchase of the Bonds. Section 6. Tax Levy. In order to provide for the collection of a direct annual tax sufficient to pay the interest on the Bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby levied upon all the taxable property within the City a direct annual tax for each of the years while the Bonds or any of them are outstanding, in amounts sufficient for that purpose, and that there be and there is, hereby levied upon all of the taxable property in the City, the following direct annual tax, to -wit: For the Year A Tax Sufficient to Produce the Sum of: 1989 $ 329,903.33 for interest up to and including January 1, 1991 1990 $ 398,360.00 for interest and principal 1991 $ 396,200.00 for interest and principal 1992 $ 383,400.00 for interest and principal 1993 $1,820,600.00 for interest and principal 1994 $1,065,000.00 for interest and principal -12- VOLUME LIV 353 Principal or interest coming due at any time when there are not sufficient funds on hand from the foregoing tax levy to pay the same shall be paid frnrn-current -funds on hand of the City, and the fund from which such payment was made shall be reimbursed out of the taxes hereby levied when the same shall be collected. The City covenants and agrees with the purchasers and the holders of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the foregoing tax levy and the City and its officers will comply with all present and future applicable laws in order to assure that the foregoing taxes will be levied, extended and collected as provided herein and deposited in the fund established to pay the principal of and interest on the Bonds. Section 7. Filing of Ordinance. Forthwith upon this ordinance becoming effective, the Clerk of the City is hereby directed to file a certified copy of this ordinance, which certificate shall recite that this ordinance has been passed by the City Council of said City and published, with the County Clerks, respectively, of Kane and.Cook;Counties, Illinois, and it shall be the duty of each of said County Clerks to annually in and for each of the years 1989 to 1994, inclusive, ascertain the rate necessary to produce the tax herein levied, and extend the same for collection on the tax books against all of the taxable property within the City in connection with other taxes levied in each of said years, in order to raise the respective amounts -13- 354 VOLUME LIV aforesaid and in each of said years such. annual tax shall be computed, extended and collected in the same manner as now or hereafter provided by law for the computation, extension and collection of taxes for general corporate purposes of the City, and when collected, the taxes hereby levied shall be used only for the purpose of paying the principal of and interest on the Bonds. Section 8. Non -Arbitrage. The principal proceeds from the sale of the Bonds shall be devoted to and used with due diligence for the payment of part of the cost of acquiring and constructing two new fire stations and making street improvements in said City. The City Council represents and certifies that: (1) That the City has incurred, or within six (6) months after the delivery of the Bonds expects to incur, substantial binding obligations with respect to the Project, said binding obligations,comprising contracts for the construction and improvements of the Project in the amount of not less than 2J% of that portion of the cost of the Project to be financed with the proceeds of the Bonds; (2) That the City expects that all of the money derived from the sale of the Bonds and all of the investment earnings on said money, will be expended on or before June 1, 1992, for the purpose of paying the cost of the Project, said date being within three (3) years following the date of issue of the Bonds; (3) That the foregoing is based upon consultation with the engineers employed by the City to supervise the completion of the Project.; (4) That work on the Project is expected to proceed with due diligence to completion; (5) That the Project has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the last maturity of the Bonds; (6) That all of the proceeds of sale of and investment earnings on the Bonds are needed for the purpose for which the Bonds are issued, including expenses incidental to such purpose and to the issuance of the Bonds; -14- VOLUME LIV 355 (7) That accrued interest received upon the sale of the Bonds will be applied to the first interest due thereon and that the balance of the proceeds of sale of the Bonds will be applied to the costs of the Project and of issuing the Bonds; (8) That the City has not accumulated and does not expect to accumulate amounts of money in a fund to pay or to be held as security for the payment of principal and interest on the Bonds, other than (a) amounts expected to be spent within thirteen (13) months from the date of deposit thereof into such fund and (b) interest earned by such fund is to be spent within twelve (12) months from date of receipt; and (9) That to the best of the knowledge and belief of the City Council, there are no facts, estimates or circumstances that would materially change the conclusions and representations set out in this Section and the expectations set out in this Section are reasonable. The City Council also certifies and further covenants with the purchasers and holders of the Bonds from time to time outstanding, that so long as any of the Bonds remain outstanding, moneys on deposit in any fund or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and any lawful regulations promulgated or proposed thereunder, including Treas. Reg. Sections 1.148-OT through 1.148-9T, 1.149(d)-1T and 1.150-OT and 1.150-1T, as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The City Council reserves the right, however, to make any investment of such moneys permitted by Illinois law if, when and to the extent that said Section 148(a) -15- 356 VOLUME LIV or regulations promulgated thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, result in making the interest on the Bonds subject to federal income taxation. Section 9. Registered Form. The City recognizes that Section 149(a) of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 10. List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the holders of all Bonds and upon any transfer shall add the name and address of the new Bondholder and eliminate the name and address of the transferor Bondholder. Section 11. Duties of Bond Registrar. If requested by the Bond Registrar, the Mayor and Clerk of the City are authorized to execute the Bond Registrar's standard form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar hereunder which may include the following: -16- �Cp a Za „ 5-rpz S6t.JEe [Z;P 'N s' c- EX i5-r11JLw c. TOiV l.1 a.JE OF-SEG• 4i -4 WV4-rFy N1waj y s2o v ; 8to I . 244 Srro�r� S `dog. 4 1 CENTE,e4L/NE FZOFlC.E w- SCALE : / • SO Nc EXHIBIT "C" VOLUME LIV 329 IT119 =U A strip of land extending across Commonwealth Edison Company's R/W being that part of the West Half of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at a point on the east and west centerline of said Section 17, which is 1,180.59 feet East of the West Quarter corner thereof; thence north along a line being the west line of Commonwealth Edison Company's R/W, which if extended north, would intersect the north line of said Section 17, at a point 1,177.12 feet east of the northwest corner thereof, a distance of 50 feet; thence East along a line 50 feet north of and parallel with the east and west centerline of Section 17, a distance of 190.0 feet to the east line of the 40 foot widening of said Commonwealth Edison Company's R/W; thence south along the east line of said 40 foot widening of the Commonwealth Edison Company R/W, 50 feet to the east and west centerline of said Section 17; thence west along the east and west centerline of said Section 17. a distance of 40.02 feet to the east line of Commonwealth Edison Company's original 150 foot wide R/W; thence south along said East line to the intersection of said line with a line drawn 10 feet South of and parallel with the east and west centerline of said Section 17; thence west along the last described parallel line, 150.1 feet to the West line of said Commonwealth Edison Company R/W; thence north along the West line of said Commonwealth Edison Company R/W. 60 feet more or less to the point of beginning, in Hanover Township, Cook County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant for Public Roadways and Sub -surface Facilities hereby accepted to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 10, 1989 Adopted: May 10, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED PROVIDING FOR APPOINTMENTS TO THE CIVIL SERVICE COMMISSION Councilman Walters made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde Nays: None. VOLUME LIV 357 (a) to act as bond registrar, authenticating agent, paying agent and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential; (c) to give notice of redemption of Bonds as provided herein; (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (f) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. Section 12. Severability. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. Section 13. Designation. The City hereby designates the Bonds to be qualified tax exempt obligations pursuant to Section 265(b)(3)(B)(ii) of the Code. Section 14. Repeal. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 15. Effective Date. Upon the adoption of this ordinance by the City Council and its approval by the Mayor, this ordinance shall be published in the Elgin Daily Courier -News, a newspaper published and of general circulation in the City, and -17- 358 VOLUME LIV this ordinance shall become effective ten (10) days after the date of such publication. AYES: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. NAYS: None ABSENT None PASSED May 25, 1989 APPROVED May 25, 1989 ATT7EST: s/ Marie Ye rman City Clerk s/ George VanDeVoorde Mayor ORDINANCE PASSED AMENDING THE PROVISIONS OF THE MUNICIPAL CODE RELATING TO THE BOARD OF FIRE AND POLICE COMMISSIONERS Councilwoman Popple made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Fox. -18- VOLUME LIV 359 Ordinance No. G48-89 AN ORDINANCE AMENDING THE PROVISIONS OF THE MUNICIPAL CODE RELATING TO THE BOARD OF FIRE AND POLICE COMMISSIONERS WHEREAS, the City of Elgin is a home rule unit within the meaning of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the authority of the Board of Fire and Police Commissioners is a matter pertaining to the government and affairs of the City of Elgin. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 3.08.020 of Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding the following: D. Any officer of the police or fire department may, at the joint request of the officer, department chief and city manager, be placed in a lower rank. E. The Board of Fire and Police Commissioners may demote to any lower grade or rank, officers of the police and fire departments, for cause, in lieu of discharge, and in addition to any suspension that may be imposed; but only at the request of the city manager and department chief. Section 2. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Passed: May 25, 1989 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s / Marie Ye main Marie Yearman, City Clerk RESOLUTION ADOPTED DECLARING HARRIS PROPERTIES, IN DEFAULT Councilman Gilliam made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 360 VOLUME LIV RESOLUTION DECLARING HARRIS PROPERTIES, INC., AN ILLINOIS CORPORATION, IN DEFAULT WHEREAS, on January 12, 1989, the City of Elgin entered into a written agreement with Harris Properties, Inc., an Illinois corporation, for the redevelopment of certain property pursuant to the Tax Increment Allocation Redevelopment Act; and WHEREAS, said agreement provided in relevant part that Harris Properties, Inc. would undertake and complete a preliminary investigation of the suitability of Parcel I of the property to be developed within 90 days following the date of the agreement; and WHEREAS, said agreement further provided that Harris Properties, Inc. would notify the City of Elgin, in writing, within 10 days following the expiration of the feasibility period of the results of the feasibility study and in the event that the property was not reasonably suitable for the proposed development, Harris Properties, Inc. was obligated to advise the city of the specific reasons for such determination and provide the city with copies of all studies, tests, environmental assessments and surveys, memoranda and other data resulting from the feasibility study; and WHEREAS, Harris Properties, Inc. has failed to conduct a feasibility study as required by the redevelopment agreement and has advised the city's agents that it is unable to proceed with redevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Harris Properties, Inc., an Illinois corporation, be and is hereby declared in default of its obligations under its redevelopment agreement with the City of Elgin dated January 12, 1989. BE IT FURTHER RESOLVED that in accordance with the redevelopment agree- ment, the earnest money heretofore deposited by Harris Proeprties, Inc. be forfeited and deposited in the special tax allocation fund heretofore established. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause a certified copy of this resolution to be mailed to Harris Properties, Inc., 1760 N. Wells Street, Chicago, IL 60614, with a copy to Howard Borde, Attorney at Law, 415 N. LaSalle Street, Chicago, IL 60610. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s / Marie Yea�tman Marie Yearman, City Clerk VOLUME LIV 361 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Seyfarth, Shaw, & Fairweather $10,975.04 Various legal services. Elgin Courier News 3,968.09 April advertising. Eastman Kodak 2,416.38 March & April Maintenance D.H. Martin 7,374.48 Gasoline purchase Union Oil 1,644.24 Diesel Fuel purchase Mohawk Mfg. Co. 2,439.26 Misc. bus parts U.S. Slo-Pitch Softball Assn. 3,480.00 Members ship fees Fox Valley Fence 1,928.00 Fencing improvements Safety Supply of Ill. 1,505.00 Portable gas detection unit Coleman Land Co. 2,000.00 Appraisal Suds Laundry Bldg. Gluth Bros. 4,615.07 Emergency repairs on Division St. Willie Buchanan 3,000.00 Settlement of Buchanan v. City of Elgin. Councilman Gilliam made a motion, seconded by Councilwoman Walters to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION Councilwoman Shales made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. 362 VOLUME LIV Ordinance No. G47 -89 AN ORDINANCE GRANTING A SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of an automobile service station at 270-282 Dundee Avenue and 285-289 Franklin Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council' of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an automobile service station at 270-282 Dundee Avenue and 285-289 Franklin Street, Elgin, Illinois, legally described as follows: Parcel 1: Lot 7 (except the West 4 rods and also except that part lying easterly of a line drawn from a point on the North line of said lot that is 70 feet West of the Northeast corner thereof to a point on the South line of said lot, that is 55 feet West of the Southeast corner of said lot), in Block 3 of P.J. Kimball's Jr., Third Addition to Elgin, in the City of Elgin, Kane County, Illinois. Parce12: The West 4 rods of Lot 7 in Block 3 of P.J. Kimball's Jr. Third Addi- tion to Elgin, in the City of Elgin, Kane County, Illinois. Parcel 3: The North half of Lot 9 and that part of Lot 8, described as follows: Beginning at the Southwest corner of said Lot 8; thence Easterly along the southerly line of said lot to the southeasterly corner of said lot; thence northerly along the easterly line of said lot to a point 15 feet southerly of, as measured along said easterly line, the Northeast corner of said lot; thence northwesterly to a point on the northerly line of said Lot 8 which is 54 feet 9 inches westerly of, as measured along northerly line, the North- east corner of said lot; thence westerly along said northerly line 124.1 feet to the Northwest corner of said lot; thence southerly along the westerly line of said lot 66 feet to the point of beginning, all in Block 3 of P.J. Kimball's Jr. Third Addition to Elgin, in the City of Elgin, Kane County, Illinois. VOLUME LIV 363 Parcel 4: That part of Lots 7 and 8 in Block 3 of P.J. Kimball's Jrs. Third Addition to Elgin, described as follows: Beginning at the Northeast corner of said Lot 8; thence southwesterly along the easterly line of said Lot 8, 12 feet; thence northwesterly to a point on the northerly line of said Lot 8, 44 feet 9 inches West of the Northeast corner thereof; thence westerly along said northerly line 10 feet 3 inches; thence northerly to a point on the northerly line of said Lot 7, 70 feet West of the Northeast corner thereof; thence easterly along said northerly line 70 feet to the Northeast corner of said Lot 7; thence southwesterly along the easterly line of said Lot 7, 73.26 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. Parcel 5: That part of Lot 8 in Block 3 of P.J. Kimball's Jrs. Third Addition to Elgin, described as follows: Commencing at the Northeast corner of said Lot 8; thence southwesterly along the easterly line of said Lot 8 a distance of 12 feet for the point of beginning; thence southwesterly along said easterly line, 3 feet; thence northwesterly to a point on the northerly line of said Lot 8 that is 54 feet 9 inches westerly of the Northeast corner of said Lot 8; thence easterly along the northerly line of said Lot 8 a distance of 10 feet to a point 44 feet 9 inches westerly of the Northeast corner of said Lot 8; thence southeasterly to the point of beginning, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Substantial conformance to the revised site plan prepared by S & J Engineers, Inc. dated April 18, 1989. 2. Conformance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Passed: May 25, 1989 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s/ Marie Year n Marie Yearman, City Clerk 364 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF ROBERT H. ANDERSON & ASSOCIATES, INC. FOR THE MICHIGAN STREET RE- DEVELOPMENT AREA TABLED TO JUNE 14, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to table the aforementioned Resolution to June 14, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING FINAL PLAT FOR WINDAU INDUSTRIAL SUBDIVISION TABLES TO JUNE 28, 1989 Councilwoman Moylan made a motion, seconded by Councilwoman Popple to table the aforementioned Resolution to June 28, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF ASBESTOS CONTROL INCORPORATED FOR THE ASBESTOS REMOVAL AT 262 SOUTH GROVE AVENUE Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 365 RESOLUTION ACCEPTING THE PROPOSAL OF ASBESTOS CONTROL INCORPORATED FOR ASBESTOS REMOVAL AT THE 262 SOUTH GROVE AVENUE 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 Asbestos Control Incorporated for asbestos removal at the V.F.W. Building at 262 S. Grove Avenue, Elgin, a copy of which is attached hereto and made a part hereof by reference. s1 George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 13.08 ENTITLED "DRIVEWAYS" OF THE ELGIN MUNI- CIPAL CODE, 1976, AS AMENDED Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None.. OT'± VOLUME LIV Ordinance No. G49-89 AN ORDINANCE AMENDING CHAPTER 13.08 ENTITLED "DRIVEWAYS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 13.08 entitled "Driveways" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 13.08.0I0A to read as follows: "A. Residential Driveways. New residential driveway approaches shall be portland cement concrete and a maximum of twenty-four feet in width at the curbline. However, single family residential property improved with a three car garage shall be permitted a maximum curb opening of thirty-two feet. Single-family residential property shall be limited to one curb opening per lot except for circular drives as specifically approved by the director of public works. Two family residential property (duplex) may be allowed two driveway openings which shall be a maximum of sixteen feet each if it is deemed necessary in the opinion of the director of public works." 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 pamphlet form in the manner provided by law. s/ George VanDevoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Passed: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: 1kan Marie Yearman, City Clerk ORDINANCE PASSED REPEALING CHAPTER 3.45 ENTITLED "PARK AND RECLAMATION COMMISION" OF THE ELGIN MUNICIPAL CODE, AS AMENDED Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV __ _Ordinance No. G52-89 367 AN ORDINANCE REPEALING CHAPTER 3.45 ENTITLED "PARK AND RECLAMATION COMMISSION" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 3.45 entitled "Park and Reclamation Commission" of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. 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 from and after its passage and publication in the manner provided by law. sJ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Passed: May 25, 1989 Vote: Yeas 7 Nays p Recorded: Published: Attest: i �%v Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 2.52 ENTITLED POLICE DEPARTMENT TO PROVIDE FOR PROBATIONARY PERIODS FOR LIEUTENANTS Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 368 VOLUME LIV Ordinance No. G51-89 AN ORDINANCE AMENDING CHAPTER 2.52 ENTITLED POLICE DEPARTMENT TO PROVIDE FOR PROBATIONARY' PERIODS FOR LIEUTENANTS WHEREAS, the City of Elgin is a: home rule unit within the meaning of the Illinois Constitution, 1970, and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, providing for the appointment and promotion of members of the Police Department of the City of Elgin is a matter- .pertaining to its government and affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 2.52 entitled "Police Department" of the Elgin Municipal Code, 1976, as amended, be and is further amended by amending Section 2.52.175(B) to read as follows: 112.52.175 Probationary periods --New appointees, sergeant and lieutenant B. Appointees to the position of sergeant and lieutenant shall be subject to and considered on a twelve (12) month period of probation. Any such appointee who fails to, satisfactorily complete his/her probationary period shall be returned to his/her prior rank except when such appointee retires, resigns or is discharged for cause." Section 2. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Passed: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: �_k s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 2.40 ENTITLED FIRE DEPARTMENT TO PROVIDE FOR PROBATIONARY PERIODS Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 369 Ordinance No. G50-89 AN ORDINANCE AMENDING CHAPTER 2.40 ENTITLED FIRE DEPARTMENT TO PROVIDE FOR PROBATIONARY PERIODS WHEREAS, the City of Elgin is a home rule unit within the meaning of the Illinois Constitution, 1970, and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, providing for the appointment and promotion of members of the Fire Department of the City of Elgin is a matter pertaining to its government and affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 2.40 entitled "Fire Department" of the Elgin Municipal Code, 1976, as amended, be and is further amended by adding the following: 112.40.045 Probationary period A. Appointees to the position of firefighter shall be subject to and considered on a twelve-month period of probation. Provided, however, the probationary period may be extended not more than six months in the following situations: I. When a probationary appointee enters the United States armed forces during the first twelve months of employment as a firefighter, the probationary period shall be extended to equal the number of days involved in such duty or six months, whichever is less. 2. When a probationary appointee is unable to perform normal duties due to illness or nonduty related injuries for an extended length of time during the first twelve months of employment as a firefighter, the probationary period shall be extended to equal the number of days in which the probationary appointee was so injured or six months, whichever is less. B. Appointees to the position of lieutenant or captain shall be subject to and considered on a twelve (12) month period of probation. Any such appointee who fails to satisfactorily complete his/her probationary period shall be returned to his/her prior rank except when such appointee retires, resigns or is discharged for cause. C. The board of fire and police commissioners shall establish such rules and regulations as may be necessary to administer the provisions of this section." Section 2. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. 370 VOLUME LIV 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Passed: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 371 Ordinance No. G53-89 AN ORDINANCE AMENDING THE POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION WHEREAS, the City of Elgin is a home rule unit within the meaning of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the powers and duties of the Civil Service Commission are matters pertaining to 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 Chapter 3.04 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding Section 3.04.050 entitled "Temporary Appointments" to read as follows: 3.04.050 Temporary appointments. To prevent the stoppage of public business, or to meet extraordinary exigencies, the head of any department or office may, with the approval of the Commission, make temporary appointment to remain in force not exceeding 180 days, and only until regular appointments under the provi- sions of this Division I can be made. Section 2. That Chapter 3.04 of the Elgin Municipal Code, 1976, as amended, is further amended by adding Section 3.04.060 entitled "Eligibility After Removal for Cause" to read as follows: 3.04.060 Eligibility after removal for cause. Any person removed for cause from any classified position of the City of Elgin shall be ineligible to apply or test for or be appointed to any classified position of the city for a period of 12 months after such removal. Section 3. That Chapter 3.04 of the Elgin Municipal Code, 1976, as amended, be and is further amended by adding Section 3.04.070 entitled "Extension of Probationary Period" to read as follows: 3.04.070 Extension of probationary period. Any probationary period provided by law shall be extended by that number of days equal to the number of days any probationary employee is off of work for the entire day or part thereof due to illness, injury, personal days off or vacation. Section 4. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. 372 VOLUME LIV Section 5. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Passed: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Ye ian Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH EMPLOYEE ASSISTANCE SERVICES Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 373 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EMPLOYEE ASSISTANCE 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 execute an agreement on behalf of the City of Elgin with Employee Assistance Services for an employee assistance program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE BUREAU OF TESTING SERVICES Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 374 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE BUREAU OF TESTING 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 execute an agreement on behalf of the City of Elgin with the Bureau of Testing Services for testing of applicants for appointment as police officers, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: d A CL—� s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 375 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY 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 Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for the expansion of public transportation service to Northwest Kane County, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s/ MaKie Yeahtan Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH FRANZ BENTLER & THE ROYAL STRINGS FOR A CONCERT AND DANCE Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 376 VOLUME LIV RESOLUTION AUTHORIZING AN AGREEMENT WITH FRANZ BENTELER & THE ROYAL STRINGS FOR A CONCERT AND DANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Franz Benteler & The Royal Strings for a concert and dance for the Hemmens 20th Anniversary Celebration on November 10, 1989, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Marie Y Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THOMAS CASSIDY, INC. FOR A CONCERT BY THE.LETTERMEN Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 377 RESOLUTION AUTHORIZING AN AGREEMENT WITH THOMAS CASSIDY, INC. FOR A CONCERT BY THE LETTERMEN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes James J. Cook, City Manager, to execute an agreement with Thomas Cassidy, Inc. for a concert by the Lettermen, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING A PARK AND RECLAMATION TASK FORCE Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 378 VOLUME LIV RESOLUTION ESTABLISHING A PARK AND RECLAMATION TASK FORCE WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitu- tion; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City of Elgin acquired from the Illinois Department of Mental Health and Developmental Disabilities certain property located in the southwest part of the city; and WHEREAS, the City of Elgin has entered into an intergovernmental agreement with said department which agreement provides for the ultimate development of said property for park purposes; and WHEREAS, it has been determined that said property contains valuable gravel resources, the sale of which could aid in the financing of said park development; and WHEREAS, there has been developed a comprehensive plan coordinating the gravel mining operation and park development on said property; and WHEREAS, the City Council of the City of Elgin has determined that it is neces- sary and desirable to create a special advisory task force to assist and advise the City Council regarding development of the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. Task Force Created. There is created the Park and Reclamation Task Force for the purpose of advising, assisting and recommending policy guidelines to the City Council for the reclamation and development as park land of the property which was formerly part of the Elgin Mental Health Center facility. Section 2. Membership--Appointment--Terms of Office. A. The Park and Reclamation Task Force shall be composed of eight members and shall include the Mayor, who shall act as chairman of the Task Force, and seven persons appointed by the Mayor with the advice and consent of the City Council. Each appointed member shall serve until the termination of the Task Force. Any member appointed to fill a vacancy prior to expiration of the term for which his predecessor was appointed shall serve until the termination of the Task Force. All members shall serve without compensation. The city, from time to time, in its discre- tion, shall make available the services of its professional staff, to aid and cooperate with the Task Force in carrying out its responsibilities, as provided in this chapter. B. The Task Force shall remain in existence until the gravel has been extracted and removed from the site; reclamation of all excavated areas has been completed and a final site development plan has been approved by the City Council. VOLUME LIV 379 C. The following persons are hereby appointed to the Task Force: Dr. George Burger Charles Burnidge Phyllis Folarin Robert Hoffer Mike Horwitz James Lindbloom Jack Shales George VanDeVoorde Section 3. Meetings. Following the appointment of members the Park and Reclamation Task Force shall meet and shall establish regular meeting dates which shall be not less than once a month. The Task Force may establish rules regarding the conduct of its meetings and where not otherwise provided, Robert's Rules of Order shall apply. Minutes shall be taken of all meetings. All meetings shall be conducted in accordance with the Open Meetings Act. Section 4. Powers and duties. The Park and Reclamation Task Force shall have the following powers and duties, in addition to any other which may from time to time be granted by the City Council: A. To evaluate the response to the request for proposals for the gravel opera- tion and to recommend an operator to the City Council. B. To review, monitor and advise the City Council regarding all aspects of the site reclamation and redevelopment including: I. Gravel producers' operations and compliance with their contract with the city. 2. Reclamation progress, including recommending acceptance of areas that have been reclaimed, and recommending approval of current and future reclamation plans. 3. Master plan and specifications including recommendations for changes within the framework of city's contracts with the mining operator and State of Illinois. C. To develop a financial feasibility plan which outlines anticipated revenues and expenditures associated with the project. D. To enlist volunteers to aid in the construction of designed park improve- ments and perform other work associated with the reclamation of the site and construc- tion of park improvements thereof. E. To solicit donations to be applied toward reclamation of the site, construction of park improvements and park maintenance. F. To create and staff various ad hoc committees to assist the Task Force in carrying out its responsibilities. G. To work with and coordinate activities with the Parks and Recreation Board of the city. 380 VOLUME LIV ` H. To provide the City Council with a final report of the Task Force activities, recommendations and comments regarding the park site development. s/George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINT MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 381 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jerold Adler be and is hereby appointed as a member of the Elgin Image Advisory Commission for a term to expire May I, 1992. BE IT FURTHER RESOLVED that Tim Bulger be and is hereby appointed as a member of the Elgin Image Advisory Commission for a term to expire May I, 1990. g/ nenrge VanDaVnnrde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: V-'�J� s/ Marie Yearm n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING THE ISSUANCE OF VOUCHER NUMBER 2 OF MALE STREET WATER - MAIN -SPECIAL ASSESSMENT OF THE CITY OF ELGIN Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 382 VOLUME LIV RESOLUTION AUTHORIZING THE ISSUANCE OF VOUCHER NUMBER 2 OF MAPLE STREET WATERMAIN SPECIAL ASSESSMENT OF THE CITY OF ELGIN WHEREAS, the Commissioner of Special Assessment, Robert Lenzini, has submitted an invoice for services (8/28/88 I2/3/88) in the amount of $661.50 to the City for work completed on the Maple Street Watermain Special Assessment, a copy of said invoice being attached hereto and made a part hereof. WHEREAS, the issuance of the following described voucher has been previously approved by the Board of Local Improvements. NOW, THEREFORE, BE IT RESOLVED'BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section I. That the Mayor and Clerk of said City are hereby and herewith authorized to sign and issue the following voucher in the following amount for Maple Street Watermain Special Assessment of the City of Elgin. Voucher No. 2 in the amount of $661.50 to Hampton, Lenzini and Renwick, Inc. for work as Commissioner of Special Assessment. Copy of said voucher being attached hereto and made a part hereof. Section 2. That the Attorney for the City and the Mayor and Clerk are hereby authorized and directed to deliver the voucher to the payee upon said voucher being signed by the Mayor and Clerk for this:City.:e s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Passed: May 25, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s1 Marie Year an Marie Yearman, City Clerk VOLUME LIV VOUCHER NO. 2 383 SPECIAL ASSESSMENT VOUCHER CITY OF ELGIN STATE OF ILLINOIS COUNTIES OF KANE AND COOK MAPLE STREET WATERMAIN SPECIAL ASSESSMENT NO. TX 88 01 1 1 $ 661.50 SPECIAL ASSESSMENT VOUCHER OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS: To the Finance Director of the City of Elgin, Illinois. From funds to be obtained by collection of the special assessment made by the City of Elgin, Kane and Cook Counties, Illinois, in proceedings filed in the Circuit Court of Kane County, Illinois, and confirmed by the said Court on the 29th day of November, 1988, in proceedings bearing Docket Number TX 88 01 1 1 for the purpose of paying the cost of construction work of the improvement known as Maple Street Watermain Special Assessment in said City of Elgin, the said City of Elgin will pay to Hampton, Lenzini and Renwick, Inc., or order, when collected, the sum of Six Hundred Sixty -One Dollars and Fifty Cents ($661.50) with interest thereon from the date hereof at the rate of six percent (6%) per annum. This Voucher is given pursuant to authority conferred by the General Assembly of the State of Illinois in Article 9, Division 2, Paragraphs 9-2-1 through 9-2-144 of the Illinois Municipal Code (Illinois Revised Statutes, Chapter 24, Paragraph 9-2-1 through 9-2-144), in the matter of the aforesaid improvement and is the first Voucher issued on account of such work done. This Voucher was authorized by a vote of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, at a meeting held on the 25th day of May, 1989. IN WITNESS WHEREOF, the City of Elgin has caused this Voucher to be executed by its Mayor, countersigned by its Clerk and its corporate seal to be affixed hereto at the City of Elgin, Illinois, this 25th day of May, 1989. s/ George VanDeVoorde George VanDeVoorde, Mayor Countersigned: LAc sj Mar; v a an Marie Yearman, City Clerk Received the original of the foregoing Voucher this day of , 1989. HAMPTON, LENZINI AND RENWICK, INC. By 384 VOLUME LIV REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for February, 1989 Transportation Report for April, 1989 Cemetery Report for March, 1989 Cemetery Report for April, 1989 Public Works Report for April, 1989 Water Department Report for April, 1989 Heritage Commission Minutes for April 10, 1989 Greater Downtown Elgin Commission Minutes for April 6, 1989 Elgin Metropolitan Exposition Auditorium & Office Building Authority Hemmens Advisory Board Minutes for April 13, 1989 Elgin Liquor Commission Minutes for May 3, 1989 Committee of the Whole Minutes for April 26, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to place the above reports on file as read. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Fox made a motion, seconded by Councilman Gilliam to adjourn the meeting to go into Executive Session to discuss personnel, litigation, and land acquisition. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. �ThQe meeting adjourned at 9:10 p.m. Marie Yearman, ity Clerk VOLUME LIV June 14, 1989 385 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 June 14, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Sam Flora, and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE MAY 25, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Walters to approve the May 25, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Miss Dale L. Anderson, 1518 Meyer Street, appeared before the Council and addressed the existing ineffective water drainage system at the corner of Jane Drive and Meyer Street. Jim Cook, City Manager, stated this problem goes back to when Old Country Knolls Subdivision was developed and allowed dry wells instead of storm sewers. Dry wells are essentially holes in the ground intended to catch runoff, and they are totally unacceptable. Mr. Cook stated the City has spent $1.5 million dollars on storm sewer improvements to the South McLean Boulevard area and this project is still not through. Solving the problem in Old Country Knolls is a $350,000 project and the Engineering staff is presently working on the project design. The project should be ready for bid in 30 to 45 days. The project was budgeted for this year and it will be done this year. BID AWARDED FOR SIDEWALK VAULT ABANDONMENT Councilman Gilliam made a motion, seconded by Councilman Fox to award this bid to Northwest Contractors, Inc., of Elgin, Illinois, in the amount of $12,643.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 386 VOLUME LIV BID TABLED FOR LORD'S PARK BASKETBALL COURT Staff reported a three-way tie for low bid between BSN, U.S. Games, Inc., and Passon's Sports. The Mayor drew the bid of BSN of Dallas, Texas, in the amount of $1860.00 Councilman Fox made a motion, seconded by Councilwoman Moylan to approve the bid award to BSN. Councilwoman Popple and Shales requested that this bid be tabled until the Council has the opportunity to further discuss the placement of the basketball standards in Lord's Park. Councilman Walters made a motion, seconded by Councilwoman Shales to table the subject bid. Yeas: Councilmen Fox, Gilliam, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Moylan. BID AWARDED FOR THE GIFFORD PARK GAZEBO FOUNDATION Councilman Fox made a motion, seconded by Councilman Gilliam to award this bid to Bergquist and Zimmerman Construction, Inc., in the amount of $5,490.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR BITUMINOUS PATCHING MIXTURES Councilwoman Moylan made a motion, seconded by Councilwoman Popple to award this bid to Central Blacktop, Inc., in the amount of $23,870.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR DRINKING FOUNTAINS FOR WING PARK GOLF COURSE Councilwoman Shales made a motion, seconded by Councilwoman Moylan to award this bid to Paragon Supply Company , in the amount of $2499.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PEST CONTROL PROGRAM Councilwoman Popple made a motion, seconded by Councilman Fox to award this bid to Orkin Pest Control, in the amount of $1528.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 387 BID AWARDED FOR HCD BLOCK GRANT FUNDED BUILDING IMPROVEMENTS Councilman Walters made a motion, seconded by Councilwoman Popple to award this bid as follows: To Elgin Sheet Metal Company for a total amount of $23,316.00 for the new cooling systems for the Greater Elgin Senior Center. To Northwest Contractors, Inc., for a total amount of $12,201.00 for the Phase II improvements at 355 Dundee Avenue for CENC. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. CONTINUATION OF PUBLIC HEARING REGARDING A PROPOSED ANNEXATION AGREEMENT, TERRITORY LOCATED ALONG RANDALL ROAD AND FOX LANE PETITION 31-89 Attorney Ray Dalton, representing the developer, reviewed with the Council the site plans providing for a regional office and distribution center at the Northwest Tollway and Randall Road. Mr. Dalton stated the following issues remain unsolved: The Company is asking for City's contribution to relocate Fox Lane and a watermain along Fox Lane, which currently run througn the middle of the planned 800,000 square foot warehouse. Company representatives are trying to work something out for the historic Teeple barn, which is located at the northwest corner of the site. The County has offered to house the barn in the Paul Wolff Forest Preserve. Attorney Dalton pointed out that by 1992 the real estate taxes payable to the City in 1993 would amount to $450,000, as compared $41,000 paid by Safety Kleen, $24,000 paid by R.R. Donnelley, and $30,000 paid by Elgin Plaza. Mr.Dalton stated the tax income would more than justify the City's contribution to the capital improvements. Mr. Dalton stated the question has been raised by staff as to where the employees would be coming from. The development is a proposed 800 employee development. It is made up of approximately 700 employees in the office, and approximately 100 employees in the warehouse facility. The Company has indicated that approximately 80 to 85 percent of those total positions would be positions that are existing jobs. 388 VOLUME LIV In other words, they would be offered to existing personnel, who would be moving, asked to relocate to Elgin. The remaining 15 to 20 percent would be new employees and new positions. Attorney Dalton: We would request a continuance until June 28, 1989, which is your next Council Meeting. After the public announcement is made as to who the Company is, somebody may have some comments with respect to the Company. We think the comments will be favorable, but someone may want to make a comment and have it in the public record, so for that reason we would ask for the continuance. Jim Cook: Three or four points from the staff. The staff has not approved anything, as you know we have bargained in your behalf, but nothing has been approved. There are three or four pieces of information concerning the project that do need to go into the record: 1. We were notified this week the bids were opened last Friday on the I-90 ramp construction interchange development. The bids were within the engineer's estimate, were within the project estimate, and are expected to be awarded the last week of June by the Tollway Authority, with an award that requires the immediate starting of construction, immediately after the July 4th Holiday. That is one of the conditions of the bid package, and we will see construction underway this summer, which is very good news and of significance to this project as well as the other areas out there. 2. I have this week talked with Nabi Fakroddin from Kane County with regard to the intersection and the question of the City of Elgin, Kane County Agreement. He has indicated that the staff has finished their technical review of the Barton/Aschman data provided, and they are satisfied with the data that is provided and what it indicates, and that there is no technical problem with the third intersection. They expect to give consideration to the Country Transportation Committee and they expect that the City and County can reach an amended agreement that will include this area, plus the rest of Randall Road, that will establish intersection control without damaging the overall plan and schedule that went into the basis of the Elgin/Kane County Agreement on that intersection. So we believe that the technical problems have been overcome and it will just be a matter of a revised contract that will imcompass some additional portions of Randall Road, but that can be done, at least from the standpoint of staff, in both agencies. VOLUME LIV 389 I have been in contact with the Forest Preserve and have been authorized to report that they have indicated the Paul Wolff Forest Preserve site has an area and that if it is feasible to move the barn, and if a group is developed, and with the cooperation of the developer, comes up with a plan for moving it that they would welcome having it sited in the Forest Preserve area. Staff has reviewed the agreement a number of times. The agreement which you have in your packet still has half a dozen minor language amendments in it that have to be put in, everything from capitalization up to a few places where we believe that specific date protections need to be put in. The reimbursement clause, the guarantee that would fall in next year's budget. It is clear that we are not at a position of making a recommendation tonight on those areas that are left blank in the agreement, but I believe that we are very close to being able to make a final recommendation, and hopefully we will be able to do this prior to the meeting on June 28th. Councilman Walters: A number of folks are wondering when you might be able to identify the subject Company. Robert Wiggens: I don't think we can give you a specific date. We are aware of the requirements that we cannot get final approval until you have that information, but there are internal situations which need to be gone into at this point, and hopefully those things can be taken care of in the near future. Mayor VanDeVoorde: Since this is a public hearing is there anyone in the audience who would care to address this subject. Walter Bartels: My question has to do with the truck traffic, and is there going to be a 24 hour day operation. Robert Wiggens: The hours of the operation will be typical office hours, its one shift. The warehouse may operate at other times, but I don't think it is a 24 hour operation. Walter Bartels: What is the distance between the roads. Jim Cook: The distance is approximately 900 feet. Councilwoman Moylan made a motion, seconded by Councilwoman Shales to continue this Public Hearing to the Council Meeting on June 28, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 390 VOLUME LIV CONTINUATION OF A PUBLIC HEARING REGARDING A PROPOSED SECOND AMENDMENT TO THE ANNEXATION AGREEMENT, PROPERTY LOCATED WAST OF RANDALL ROAD - PET. 46-89 Mayor VanDeVoorde opened the Public Hearing. Councilman Walters made a motion, seconded by Councilwoman Popple to continue the Public Hearing to the Council Meeting on June 28, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 31-89 REQUESTING ANNEXATION AND M-2 GENERAL RESIDENCE DISTRICT ZONING, PROPERTY LOCATED ALONG RANDALL ROAD AND FOX LANE - CnNTTNt3F.D Councilwoman Popple made a motion, seconded by Councilman Walters to continue Petition 31-89 to the Council Meeting on June 28, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 36-89 REQUESTING AN AMENDMENT TO ORDINANCE G10-87, GRANTING A SPECIAL USE FOR A DAY CARE CENTER PROPERTY LOCATED AT 845 SUMMIT STREET - APPROVED Councilwoman Shales made a motion, seconded by Councilman Fox to approve Petition 36-89, subject to the Land Use Committee conditions. Yeas: Councilmen."Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 41-89 REQUESTING A REZONING FROM R-4 GENERAL RESIDENCE DISTRICT TO 0 LIMITED OFFICE DISTRICT, PROPERTY LOCATED AT 482 N. McLEAN BLVD.- APPROVED Councilwoman Moylan made a motion, seconded by Councilman Walters to approve Petition 41-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 42-89 REQUESTING A R-2 SINGLE FAMILY RESIDENCE DISTRICT SPECIAL USE FOR A CHURCH, PROPERTY LOCATED AT 1110 SUMMIT ST. - APPROVED Councilman Gilliam made a motion, seconded by Councilman Fox to approve Petition 42-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 391 PUBLIC HEARING FOR A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, MAPLEWOOD CONDOMINIUMS (PETITION 47-89) Councilwoman Shales made a motion, seconded by Councilwoman Moylan to set a Public Hearing for the subject matter on July 12, 1989. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED APPROVING PRELIMINARY PLAT FOR THE GLENS OF COLLEGE GREEN Councilman Walters made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 392 VOLUME LIV RESOLUTION APPROVING PRELIMINARY PLAT FOR THE GLENS OF COLLEGE GREEN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Donohue dated February 20, 1989 for the Glens of College Green. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14,1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s / Marie`Ye rman Marie Yearman, City Clerk MEMORANDUM REQUESTING A PUBLIC HEARING DATE OF JULY 12, 1989, TO CONSIDER PETITION TO EXPAND THE CITY'S ENTERPRISE ZONING BOUNDARIES Councilwoman Moylan made a motion, seconded by Councilwoman Popple to set a Public Hearing date of July 12, 1989, to consider the subject matter. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED PROVIDING FOR ISSUANCE OF EXTENDED HOUR PERMITS Councilwoman Popple made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 393 Ordinance No. G54-89 AN ORDINANCE PROVIDING FOR ISSUANCE OF EXTENDED HOUR PERMITS WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the sale of alcoholic liquor is a matter pertaining to the government and affairs of the City of Elgin; and WHEREAS, the Elgin Municipal Code now provides for issuance of an extended hour permit for the sale of alcoholic liquor (EMC 6.06.055); and WHEREAS, pursuant to Ordinance G42-89 passed April 26, 1989, any extended hour permit issued after April 26, 1989 is to expire on July I, 1989; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to eliminate extended hour permits effective January 2, 1990. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 6.06.055 entitled "Extended Hour Permit" be and is hereby deleted. Section 2. That Section 6.06.140(B) be and is hereby amended to read as follows: "6.06.140 Offenses by licensee. No licensee under the provisions of this chapter shall either individually or through is agents or employees do any of the following: B. Sell alcoholic liquor between the hours as specified below: Monday through Friday 1:00 a.m. until 6:00 a.m. Saturday 2:00 a.m. until 6:00 a.m. Sunday 2:00 a.m. until 12:00 noon Expressly provided, however, that alcoholic liquors may be sold and served on any licensed premises until five a.m. on January I st of each year; provided further that the hours of sale may be extended by the liquor control commission for two hours, except on January I st, upon written application of any holder of a license who desires to engage in the sale of alcoholic liquor to members of a state or national convention organization in an area of the licensed premises closed to the general public. Applicants for late -hour sales shall submit a written application to the liquor control 394 VOLUME LIV commission describing the organization holding the convention, the number of members estimated to attend and the date or dates of late -hour service requested and shall be accompanied by a nonrefundable application fee of twenty-five dollars." Section 3. Any licensee holding a current extended hour permit pursuant to 6.06.055 on the effective date of this ordinance, which permit is set to expire on July I, 1989 pursuant to Ordinance No. G42-89, may, upon payment of a fee of $600.00, continue to sell at retail, alcoholic liquor until three a.m. every day until January 2, 1990. All extended hour permits shall expire on January 2, 1990 and shall not be renewed. No extended hour permit shall be issued after January 2, 1990 on which date the provisions of this paragraph shall expire. Section 4. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Passed: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: 00—h Ale—) s/ Marie Y rman Marie Yearman, City Clerk ORDINANCE PASSED PROHIBITING SMOKING IN PUBLIC PLACES Mayor VanDeVoorde: There was an extensive hearing on this matter. The recommendation came to this Council from the Board of Health. Councilman Walters: I voted against this and I will vote against it tonight. I am not a smoker and I do not approve of it, I don't think we have the opportunity to enforce this, I don't like the empty threats we can make. I do think that restaurants will make that choice on their own, I think employment areas will do the same thing. I like to keep these things within the area of the particular businesses who have to deal with this. I did resent the number of the campaigns that were brought to bear against all of us. Councilwoman Shales made a motion, seconded by Councilman Gilliam to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, and Shales. Nays: Councilman Walters and Mayor VanDeVoorde. VOLUME LIV 395 Ordinance No. G55-89 AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES WHEREAS, studies by the Surgeon General of the United States, the National Academy of Sciences, and other health organizations have linked passive exposure to tobacco smoke (second-hand smoke) to a variety of negative health conditions in non- smokers; and WHEREAS, the Council of the City of Elgin seeks to strike a reasonable balance between the rights of smokers and nonsmokers by regulating smoking in certain public places and places of employment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. Definitions. (a) ASSEMBLY HALLS means every room, chamber place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city. (b) BAR includes a business or any area within a business which is primarily used for the sale and consumption of alcoholic beverages and where food is not regularly served or the sale and consumption of food is secondary to that of alcoholic beverages. (c) BUSINESS means any sole proprietorship, partnership, joint venture or other business entity formed for profit -making purposes, including retail establishments where goods or services are sold as well as professional cooperations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. (d) DINING AREA constitutes any building containing a counter or table upon which meals are served. (e) EMPLOYEE means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. (f) HEALTH FACILITIES include all patient bed areas, wards, semiprivate rooms, hallways and waiting rooms of all health institutions. (g) MOTION PICTURE THEATRE means any theatre engaged in the business of exhibiting motion pictures. (h) NONPROFIT ENTITY means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operation of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. 396 VOLUME LIV (i) PLACE OF EMPLOYMENT constitutes all areas within any building under the control of a business, nonprofit entity or governmental body which employees normally frequent during the course of employment. (j) PRIVATE OFFICE constitutes any room or area within a place of employment which is designated for use by a specific number of employees, all of whom are smokers, and such room is enclosed on all sides by walls which extend from floor to ceiling, doors and windows. (k) PUBLIC PLACE constitutes any area within a building or vehicle to which the public is invited or in which the public is permitted. (1) RESTAURANT means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, or other eating establishment, organization, club, boardinghouse, or guesthouse which gives or sells food to guests, patrons or employees, and is not defined in this section as a bar. (m) RETAIL TOBACCO STORE means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. (n) SERVICE LINE means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money. (a) SMOKING means inhaling, burning or carrying any lighted cigar, cigarette, pipe, reed, plant or any other combustible substance in any manner or in any form. (p) SPORTS ARENA means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events. (q) THEATRE includes any building not open to the sky which is primarily designated for the purpose of exhibiting any motion picture, stage, drama, lecture musical recital, or other similar performance. (r) PUBLIC TRANSPORTATION FACILITIES AND VEHICLES include buses, taxi cabs, and other means of public means of public transportation as well as ticket, boarding, and waiting areas of all public transit depots. Section 2. Prohibition of Smoking in Public Places. Smoking is unlawful in all public places within the City of Elgin with the following exceptions: Bars and bar areas of restaurants. Bowling establishments. Retail tobacco stores. Restaurants with fewer than forty seats. Restaurants, public and private assembly rooms while these places are being used for private functions. VOLUME LIV 397 Hotel and motel rooms rented to guests. Private clubs when used for private functions wherein the general public is not admitted without an invitation. Ticket, boarding, and waiting areas of public transit depots which have a designated nonsmoking area that shall be at least fifty percent (50%) of the total area. Restaurants with a seating capacity of more than forty (40) persons which have a designated nonsmoking area that shall be at least fifty percent (50%) of the total area. Lobbies in buildings used for the purpose of exhibition of motion pictures, stage productions, lectures and music recitals which have a designated nonsmoking area that shall be at least fifty percent (50%) of the total area. Lobbies of sports arenas, convention halls, aquariums, galleries, libraries and museums which have a designated nonsmoking area that shall be at least fifty percent (50%) of the total area. Hospital waiting areas which have a designated nonsmoking area that shall be at least fifty percent (50%) of the total area. Section 3. Regulation of Smoking in Places of Employment. Smoking shall be prohibited in all areas within places of employment with the following exceptions: Private offices occupied exclusively by smokers. Cafeterias which have a designated nonsmoking area of at least fifty percent (50%) of the total seating capacity. Lounges, lobbies and other nonworking areas which have a designated nonsmoking area of at least fifty percent (50%). Section 4. Posting of Placing of Signs. Any area to be designated as nonsmoking shall post and maintain "no smoking" signs and/or post and maintain the international no smoking symbol in a conspicuous place. The signs shall be posted at least five (5) feet but not more than eight (8) feet above the floor level with letters not less than one inch (I ") in height. The owner, operator, manager or other person having control of such places shall be responsible for the timely and proper posting of these signs. Signs shall be of sufficient number and prominent location to convey the message clearly and legibly. Enforcement. Enforcement of this ordinance shall be by the Bureau of Inspection Services by any or all of the following actions: I. Serving notice requiring the correction of any violation of this article. 2. Calling upon the City Attorney to maintain an action for injunc- tion directing the correction of any such violation and for assessment and recovery of the civil penalty. NW." VOLUME LIV 3. Issuing a citation ordering payment of the civil penalty or, in the alternative, appearance before the court to contest assessment of the penalty. Section 5. Violations and Penalties. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises regulated by the ordinance to fail to comply with any of its provisions. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this ordinance. Any person who violates any provision of this ordinance shall be guilty of an offense punishable by a fine not less than ten dollars ($10) and not more than twenty-five dollars ($25) for each separate offense. Each day such violation continues shall constitute a separate offense. Section 6. That this ordinance shall be in full force and effect from and after January 2, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Passed: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Ul�l0..h.�.tLJ�„2.1� s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ACCEPTING THE PROPOSAL OF ROBERT H. ANDERSON & ASSOC., FOR THE MICHIGAN STREET REDEVELOPMENT AREA Mayor VanDeVoorde: It has been recommended by staff that we do not remove this item from the table. RESOLUTION ADOPTED ACCEPTING A PLAT OF EASEMENT FOR PUBLIC UTILITIES (LITTLE ANGELS NURSING FACILITY) Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 399 RESOLUTION ACCEPTING A PLAT OF EASEMENT FOR PUBLIC UTILITIES (Little Angels Nursing Facility) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a Plat for Easement for public utility purposes from Robert Wasmond for the property legally described as follows: That part of the Southwest quarter of Section 8, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Southeast corner of said Southwest quarter and running thence South 88 degrees 01 minutes West along the South line of said Southwest quarter 782.30 feet for the place of beginning; thence continuing Westerly along said South line a distance of 579.00 feet to the Easterly right of way of Commonwealth Edison Company; thence North 0 degrees 41 minutes East along said Easterly line a distance of 20.00 feet; thence Easterly parallel with the South line of said Southwest quarter a distance of 579.00 feet; thence South 0 degrees 41 minutes West a distance of 20.00 feet to the place of beginning in Cook County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement for public utility purposes hereby accepted to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14,1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A PLAT OF DEDICATION (LITTLE ANGELS FACILITY) Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 400 VOLUME LIV RESOLUTION ACCEPTING A PLAT OF DEDICATION (Little Angels Nursing Facility) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication prepared by Richard E. Bailey, an Illinois Land Surveyor, and dated March 13, 1989, for public street purposes for the property legally described as follows: That part of the Southwest quarter of Section 8, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the Southeast corner of said Southwest quarter and running thence South 88 degrees 01 minutes West along the South line of said Southwest quarter 752.30 feet for a point of beginning; thence South 88 degrees 01 minutes West along said South line 30.0 feet; thence North 0 degrees 41 minutes East 354.41 feet to the South line of the public highway known as State Route 58; thence North 89 degrees 00 minutes East along the South line of said highway, 30.0 feet; thence South 0 degrees 41 minutes West 353.90 feet to the point of beginning, in Cook County, Illinois. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s / Marie Yd�irman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COUNTRY BROOK Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 401 RESOLUTION APPROVING FINAL PLAT FOR COUNTRY BROOK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Morrison Surveying Co., Inc. dated April 12, 1989 for Country Brook. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14,1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Q.� s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING PRELIMINARY PLAT OF CLINT MUNCH ACRES Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 402 VOLUME LIV RESOLUTION APPROVING PRELIMINARY PLAT OF CLINT MUNCH ACRES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Burnidge and Westphal, Inc. dated March 2, 1989 for Clint Munch Acres. s1 George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT OF CLINT MUNCH ACRES Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde.. Nays: None. VOLUME LIV 402A RESOLUTION APPROVING FINAL PLAT OF CLINT MUNCH ACRES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Burnidge and Westphal, Inc. dated April 20, 1989 for Clint Munch Acres. George VanDeVoorde, Mqyor Presented: June 14, 1989 Adopted: June 4 , 1989 Vote: Yeas 7 gays g Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST CONSULTING ENGINEERS, INC. Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 403 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST CONSULTING ENGINEERS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Midwest Consulting Engineers, Inc. for engineering services in connection with the rehabilitation of the National Street bridge and Wing Park bridges, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: M► o�_)t_.c_SL� s Marie Yeman Marie Yearman, City Clerk RESOLUTION ADOPTED EXPRESSING SUPPORT FOR THE COMMUNITY CRISIS CENTER Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 404 RESOLUTION EXPRESSING SUPPORT FOR THE COMMUNITY CRISIS CENTER WHEREAS, the Community Crisis Center provides emergency shelter to the people in our community; and WHEREAS, the City of Elgin supports the Community Crisis Center as evidenced by grants from the Community Development Block Grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby expresses its support for the Community Crisis Center and approves the restoration of its building within the Elgin Historic District. George VanDeVoorde, Mayor Presented: June 14,1989 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman,7City Clerk RESOLUTION ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH LEE WARDS CREATIVE CRAFTS Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 405 VOLUME LIV RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH LEE WARDS CREATIVE CRAFTS, INC. WHEREAS, Lee Wards Creative Crafts, Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 Lee Wards Creative Crafts, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF PAUL A. REAUME, LTD. FOR PROFESSIONAL SERVICES Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 406 RESOLUTION ACCEPTING THE PROPOSAL OF PAUL A. REAUME, LTD. FOR PROFESSIONAL SERVICES WHEREAS, Paul A. Reaume, Ltd. has submitted its written proposal to provide professional services incident to the recruitment of candidates for the position of city manager; and WHEREAS, the city has determined that it is in its best interest to accept said proposal. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Paul A. Resume, Ltd. for professional services, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: 1Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 11 IN THE CONTRACT WITH WEHLING WELL WORKS, INC. , FOR WELL DRILLING AT SPARTAN MEADOWS GOLF COURSE Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 407 VOLUME LIV RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH WEHLING WELL WORKS, INC. FOR WELL DRILLING AT SPARTAN MEADOWS GOLF COURSE WHEREAS, the City of Elgin has heretofore entered into a contract with Wehling Well Works, Inc. for well drilling at Spartan Meadows Golf Course; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. I, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, be and is hereby authorized and directed to execute Change Order No. I, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14,1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: tA s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLSHING FEES FOR THE USE OF THE HEMMENS MEMORIAL BUILDING Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 408 RESOLUTION ESTABLISHING FEES FOR THE USE OF THE HEMMENS MEMORIAL BUILDING WHEREAS, the Hemmens Building Advisory Committee of the City of Elgin has recommended that the fees and charges heretofore established for the use of the Hemmens Memorial Building be revised; and WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the Hemmens Building Advisory Committee for the year 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That from and after January I, 1992 fees and charges for the use of the Hemmens Memorial Building shall be in accordance with the following schedule: I. Auditorium Base rental for actual performance shall be as follows: 1992 Show Time (Mon. - Thurs.) $355 Show Time (Fri. - Sun.) $415 (3-Hour Block of Time) Additional time shall be prorated. Second Performance Same Day (Mon. - Thurs.) $130 Second Performance Same Day (Fri. - Sun.) $160 Performance time shall include set changes, intermissions(s) and curtain calls. The Building Operations Manager shall make the final determination as to the time of a performance in the case of a disagreement. Included in base rental charge shall be: Lobby, ticket booths, coat rooms, rest rooms, two dressing rooms, two meeting rooms, and custodial services after the event. II. Exhibition Hall Base rental shall be as follows: Show Time (Mon. - Thurs.) Show Time (Fri. - Sun.) (6-Hour Block of Time) Additional time shall be prorated. One/Half of Exhibition Hall Show Time 1992 $355 $435 One/Half Full Hall Rate Personnel working the event shall be additional. Base rental shall include lower coat rooms, rest rooms, and sound system and also includes custodial services after the event. 409 III. Rehearsal Room Base rental shall be as follows: Rehearsal Room (Mon. - Thurs.) Rehearsal Room (Fri. - Sun.) VOLUME LIV 1992 $16.50 Hr. $27.25 Hr. Base rental shall include custodial services after the event. There shall be a minimum of three hours. IV. Meeting Room Base rental shall be as follows: Meeting Room (plus equipment fees) 1992 $1 1.30 Hr. Base rental shall include custodial services after the event. There shall be a minimum rental of three hours. V. Entire Building Rates for the rental of the entire building shall be as follows: 1992 Show Time (Mon. - Thurs.) $640 Show Time (Fri. - Sun.) $740 (6-Hour Block of Time) Each additional hour of time shall be prorated. VI. Rehearsal and Move-In/Out Charge Non-performance use of the Auditorium and/or Exhibition Hall such as moving- in/out, set-ups, or rehearsals shall be as follows: 1992 Rehearsal Time (Mon. - Thurs.) (Same Day as Event) $25.50 Hr. Rehearsal Time (Fri. - Sun.) (Same Day as Event) $29.75 Hr. Rehearsal Time (Fri. - Sun.) (Other than Day of Event) $44.50 Hr. VOLUME LIV 410 VII. Charges for Equipment, Services and Special Building Features 1992 I. Accoustical Shells $ 4.75 2. Chairs, Metal Folding $ .50 3. Microphones $ 12.60 (I included w/renta I) 4. Mirror Shower, Fog Machine Scene Machine $ 26.25 5. Motion Picture Screen N/C 6. Music Stands N/C 7. Orchestra Pit $ 41.00 8. Piano - Concert Grand $ 73.50 9. Piano - Spinet N/C 10. Piano - Upright $ 42.00 11. Piano Tuning Per Cost 12. Podium N/C 13. Projector - 16MM Sound $ 26.25 14. Projector - Slide $ 12.00 15. Risers - Band $ 3.70 16. Risers - Choral $ 2.10 17. Spotlights Trouper $ 42.00 18. Strobelight $ 21.00 19. Folding Tables $ 2.35 20. Folding Tables for rental purposes) $ 3.70 21. Tape Recorder $ 21.00 22. Audio Tapes Per Cost + 10% hand I ng 23. Light Gels Per Cost + 10% handling 24. Industrial Truck $ 5.75 per hour 25. Kitchen $ 29.50 daily rate 26. Dance Floor $ 40.00 (1990) $ 42.00 (1991) $ 44.00 (1992) VIII. Charges for Labor 1992 I. Technicians $ 14.00 Hr. 2. Senior Technician $ 21.00 Hr. 3. Stage Manager $ 21.00 Hr. 4. Ushers $ 7.00 Hr. 5. Reserve Security Per Cost 6. Regular Security Per Cost NOTE: The above equipment rates do not include the cost of the operation. Except where otherwise indicated, the rates are on a per show basis. Under normal use, clean up service is included in the base rental. However, at the discretion of the building manager, sponsoring organizations will be assessed for clean up service when the building is left unusually messy or dirty. 411 VOLUME LIV Section 2. The schedule of rates and charges herein established shall not be applicable to contracts executed prior to August I, 1989; any such contract shall be subject to the rates and charges in effect at the time of the execution of such contract. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Adopted: ,June 14, 1989 Vote: Yeas 7 Nays p Recorded: Attest: ad-kA' .0 -) Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 412 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, Illinois Revised Statutes, 1987, Chapter 48, s39s-I, et seq. entitled "AN ACT regulating the wages of laborers, mechanics, and other workmen employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defined herein, shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and WHEREAS, said Act further provides that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Depart- ment of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has deter- mined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and made a part hereof by reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Department of Labor shall be paid to all laborers, workmen and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by the Department of Labor shall be publicly posted and kept available for inspection by any interested party. BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly rate of wages in the locality for employment other than public works construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a certified copy of this resolution with the Secretary of State. _c1�/ Gporap VanDeVnorde George VanDeVoorde, Mayor 413 Presented: June 14, 1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF AGREEMENT WITH ELGIN ACADEMY Councilwoman Popple made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 414 RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF AGREEMENT WITH ELGIN ACADEMY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ross Ricks, Director of Parks and Recreation Department, be and is hereby authorized and directed to execute a letter of agreement on behalf of the City of Elgin with Elgin Academy for the maintenance of city -owned property, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14,1989 Adopted: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s_/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT THE NORTHWEST CORNER OF SOUTH BELMONT ST. & ERIE Councilwoman Popple made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 415 VOLUME LIV Ordinance No. G56-89 AN ORDINANCE RECLASSIFYING PROPERTY AT THE NORTHWEST CORNER OF SOUTH BELMONT STREET AND ERIE STREET WHEREAS, written application has been made to reclassify certain property located at the northwest corner of South Belmont Street and Erie Street from R-2 Single Family Residence District to R-1 Single Family Residence District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the R-2 Single Family Residence District and including in the R-1 Single Family Residence District, the following described property: Lot 4 of Block 4 of Walter G. McIntosh and Company's Fox River Acres, in Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 14, 1989 Passed: June 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yeman Marie Yearman, City Clerk VOLUME LIV 416 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $38,629.60 Elgin Public Museum 3,600.00 School District U-46 8,484.10 Thompson's Elevator 2,214.00 Boncosky Oil Co. 7,056.19 Union Oil Co. 2,013.77 Lester Material Service 1,674.54 Spectrum Technology 1,666.86 Seyfarth, Show, etc. 9,745.57 State of Illinois Criminal Justice 11,855.00 N.B. Aughenbaugh, LTD. 2,369.80 Midwest Publishers 5,071.00 Metrocom Communications 3,612.45 Bell & Gustus 15,525.90 Metropolitan Pump 1,826.75 Jerry Hoover Roger Burnidge Ralph Tiberi Fred Ledebuhr 23,200.00 Michael &Sue Ann Flegel 5,500.00 Elgin Evangelical Free Church 9,000.00 Clara Lancaster 317 Ann St. 6,400.00 Amy Todd 951 W. Chicago St. 3,246.00 April refuse charges. Payment #2- 1989 funding level. Rental of various facilities. Annual inspections. Purchase of gasoline. Purchase of diesel fuel. Purchase of infield mix. Photo's - Hemmens Dance Recital. Legal services re Police Supervisor matter. User Fees for PIMS. Services re EPA Hearing Panel re opposition to landfill. New paneling system for Human Resources Dept. Radio conversion for police vehicles. Purchase of traffic controllers. Repairs to Sparton Meadows well pump. Purchase of Big Timber right- of-way. Same as above. Same as above. Residential Rebate Program. Residential REbate Program. 417 VOLUME LIV Carol Spates, et al $ 3,000.00 Settlement of Spates v. Elgin. Helen Ortege, et al 1,000.00 Settlement of Ortega v. Elgin. Councilwoman Moylan made a motion, seconded by Councilman Gilliam to approve the above and foregoing payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REPORTS RECEIVE AND ORDERED PLACED ON FILE Planning Committee Minutes for April 19, 1989 Planning Committee Minutes for May 1, 1989 Committee of the Whole Minutes for May 10, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popp -le, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS_. Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilwoman Shales to adjourn the meeting to go into Executive Session to discuss personnel, litigation and acquisition of real estate. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 9:20 p.m_ Marie Yearman-,3 City Clerk VOLUME LIV June 28, 1989 418 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 June 28, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Councilwoman Popple and the Pledge of Allegiance was led by Robert Malm. ROLL CALL Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE JUNE 14, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilman Fox to approve the June 14, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR FIRE HOSE Councilwoman Shales made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, Great Lakes Fire & Safety, for a total amount of $3,838.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR METAL AND WOODEN DOORS FOR VARIOUS BUILDINGS Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid to the low bidder, Northwest Contractors, Inc., for a total amount of $13,436.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR INSULATION OF THE ELGIN HOUSING AUTHORITY BUILDINGS Glenn Tyson, 1306 Blackhawk Drive. I declined to bid on this project for reasons that we declined as a business, that stuff between the contract and the people to enforce it. However, one provision of this contract calls for the removal and replacement of the existing insulation, and there is not any reason for the existing insulation to be removed. I have talked to the representatives from Johns Manville, Owens Corning, Applegate Insulation Company, and all their represetatives say there is not any reason to remove it, and I feel it is just a waste of money for the City to remove the existing insulation. 419 VOLUME LIV I talked to Mike Sarro, the Purchasing Agent, I gave him an affidavit from a trade magazine, under their reader's forum to substantiate my reasons for indicating that it should not be removed, and I wish the Council would decline this bid on the fact that they are wasting maybe $10,000 to $20,000. Captain Burkart: I can respond to these particular houses that are controlled by the Housing Authority, and the materials contained therein. The material is paper. There are Federal standards that control the manufacture, the fire retardent application to the insualtion. This particular installation took place in 1983 and we did have, in fact, one of our main concerns with the insulation with its ability to ignite. The fire retardment material should prevent that ignition. In this case, in 1983, the day the material was being put in a worker dropped a light cord with a bulb which started a fire. The fire was not detected until approximately an hour after the incident took place, and at that time the workers removed the burning insulation, a fire was called in by the residents, two hours later, the fire truck removed a large amount of filler and burned insulation out of the attic. Approximately an hour and 20 minutes later the fire rekindled the second time, and during our investigation we found additional hot spots of this material. If the cellulose material is produced in the proper manner, it should be relatively fire resistant. In this case, the day of the installation we had fires with this particular material in the location of the Housing Authority property. We feel very strongly that the position of the Housing Authority is correct in removing this insulation. Councilwoman Shales: The information we received stated it should be removed because it had gotten wet due to various roof leaks over the years. Captain Burkart: That is one of the conditions that will cause the fire retardancy to lose its efficiency. Moisture changes, exposure to water, will sometimes, depending on how the preventative material is added to the ground up paper, the powder or liquid form will cause that resistence to decrease. We feel the material, even thought the package initially were labeled as retardent, was never of a quality that was fire resistant. In this case we felt from day one that this material was poor quality. Councilman Walters: Is that is the case, I don't know if the word shock is the right word, if in 1983 this was the situation, and we knew this back then, the Housing Authority is playing a crap game with a fire occuring out there, and I am at a loss to explain why this did not come back. VOLUME LIV 420 Captain Burkart: I really have no answer as to why it was not brought forth from that period of time. Mayor VanDeVoorde: Is there a requirement for fire resistence and insulation. Captain Burkart: There is nothing in the building codes which would prevent this material, treated or untreated, from being added as insulation for the building. It is not a violation of a building code or a fire code, common sense maybe. Glenn Tyson: When I inquired of the facts as to why this was being removed nothing what the Captain has reported was told to me. I was told it was fiberglass material and that it had gotten wet, compacted and that it was old, and it should be replaced. Ed Schambach of the Housing Authority of Elgin: We have done some extensive review of the materials that are in the attics of all those buildings in question. Both of those articles have become wet and saturated because of the leaky roofs, and the insulation is no longer efficient. Rather than try to spot check, to remove just parts of the insulation, and possibly missing some of the wet and compacted insulation, we agreed with the City that it should be removed and the proper insulation installed. Councilman Gilliam made a motion, seconded by Councilman Fox to award this bid to the sole bidder, Deckert & Associates, Inc. for a total amount of $31,908.90. Yeas: Councilen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Continuation of Public Hearing Regarding a Proposed Annexation Agreement, Territor Located Along Randall Road and Fox Lane (Petition 31-89). Attorney Ray Dalton: Since this is a continuation of the Public Hearing, I would ask to be able to make a couple of brief summary comments, with respect to this proposal. All of our issues that have faced us and the staff have been resolved to at least our satisfaction during the last couple of weeks. I would like to publicly thank the members of the staff, while we differed with the staff on a number of the issues, our differences were always treated with respect by Mr. Cook, Mr. Dahlstrom, Mr. Dahl, and the other members of staff. I would like summarize the status of the project for you. VOLUME LIV ENO The proposed project is located at the northeast corner of the Illinois Tollway I-90 and Randall Road. It is made up of approximately 100 acreas. The proposed development is 300,000 square foot office building', consisting of three floors, 100,000 square feet per floor. This is a preliminary site plan, the architects are in the: process of working on a revised site plan. You will notice the Teeple Barn, which has been one of the major issues. There were basically five issues that confronted us during negotiations. That was the treatment of the historic barn owned by the Teeple family. There is an existing watermain that runs along the right-of-way of existing Fox Lane. That watermain would have to be relocated.* The existing Fox Lane has to be relocated, and both of those have been proposed to be relocated approximately 433 feet to the south, that would then form the new boundary between the subject property and the Knowles property. The other issue was our client's request for a contribution towards the public improvement costs of relocating Fox Lane and the watermain, we have agreed with staff that the contribution would be a fifty percent of the cost of construction, with a cap to the City of Elgin of $250,000. The last issue was the access question of Randall Road, as I believe Mr. Cook reported two weeks ago, Kane County is satisfied with the technical aspects of the traffic report and there is in process a revised intergovernmental agreement between the City of Elgin and Kane County, that would deal with all the access points between the Illinois Tollway and the southern boundary of Elgin. The basis for the request for contribution is the financial impact that this project will bring to the City of Elgin. This project is estimated to have a financial investment in excess of 75 million dollars upon its completion. Construction will start in earnest in the Spring of 1990. Councilman Fox: The development company is the one that is going to sign the Agreement and then it will be transferred to the parent company, Matsushita Electric, is there anything in here that guarantees that they won't transfer it to another company without the City's consent. Attorney Ray Dalton: The assignment provisions of the Agreement allow for one assignment to one single entity with the City's approval. Mayor VanDeVoorde: Since this is a public hearing is there anyone in the audience who would like to speak on the Annexation Agreement. (no response) VOLUME LIV 422 Councilwoman Moylan made a motion, seconded by Councilwoman Shales to close the public hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Continuation of a Public Hearing regarding a Proposed Second Amendment to the Annexation Agreement, Property Located East of Randall Road (Petition 46-89) Tom Armstrong: The public hearing concerning the CMD Annexation Agreement, second amendment to that Annexation Agreement, was triggered by the proposed development of the subject property. Staff is in agreement with the issues that remained to be resolved. Attorney Ray Dalton: All of our comments with respect to Petition 31-89, which is the annexation of the Teeple and Thrun property, are entirely applicable to Petition 46-89, so we ask you to incorporate all previous comments into the record on this public hearing. Petition 31-89 strictly deals with the annexation of the Teeple property, which is approximately a 6 acre piece, and the 3 acre piece owned by Mr. and Mrs. Thrun. The public hearing on 46-89 deal with the remaining issues. The next item on your Agenda is the consideration of Petition 31-89, I would also ask you to have a formal consideration of Petition 46-89 and authorize a resolution for the execution of the Second Amendment to the CMD Annexation Agreement, if that is in concurrence with Mr. Jentsch. Mayor VanDeVoorde: Does anyone in the audience wish to address Petition 46-89. Fred Howard: I wish the Council would turn back the City to the people. All this building and this town is worse than it was 40 years ago. Councilwoman Shales made a motion, seconded by Councilwoman Popple to close the public hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Mayor VanDeVoorde: I suggest that the Council present a motion to prepare a Resolution for Petition 46-89, to be presented at the next Council Meeting. Councilwoman Popple: So moved. Councilman Fox: Second. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 423 VOLUME LIV Councilwoman Popple made a motion, seconded by Councilman Fox to direct staff to prepare a Resolution authorizing the proposed Second Amendment to the Annexation Agreement with CMD (Petition 46-89). Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 31-89 REQUESTING ANNEXATION AND M-2 GENERAL RESIDENCE DISTRICT ZONING, PROPERTY LOCATED ALONG RANDALL ROAD AND FOX LANE BY KENNETH AND BARBARA THRUN, GORDON AND VERA TEEPLE, AND KENNETH AND CARROLL TEEPLE -- APPROVED Councilwoman Popple made a motion, seconded by Councilman Gilliam to approve Petition 31-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED APPROVING FINAL PLAT FOR WINDAU INDUSTRIAL SUBDIVISION Councilman Gilliam made a motion, seconded by Councilwoman Shales to remove the subject Resolution from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Councilwoman Popple made a motion, seconded by Councilwoman Moylan to approve the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 424 RESOLUTION APPROVING FINAL PLAT FOR WINDAU INDUSTRIAL SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Howard A. Meadows dated January 6, 1989 for Windau Industrial Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk APPLICATION S15-89 REQUESTING FINAL PLAT APPROVAL FOR WESTFIELD BUSINESS PARK - PLAT NUMBER 2, PRO- PERTY LOCATED WEST OF RANDALL ROAD, BY CMD ELGIN ASSOCIATES - TABLED Councilwoman Moylan made a motion, seconded by Councilman Gilliam to table Application S15-89 for two weeks. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 23-89 REQUESTING ANNEXATION, R-1 SINGLE FAMILY RESIDENCE DISTRICT ZONING AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS ECHO RIDGE, PROPERTY LOCATED NORTH OF EAST CHICAGO STREET AND EAST OF LOVELL ROAD EXTENDED, BY FIRST ALLEN CORPORATION, AND HARRY AND GERALDINE BOEHNING -- APPROVED Councilman Walters made a motion, seconded by Councilwoman Popple to approve Petition 23-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 425 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF ROBERT H. ANDERSON & ASSOCIATES, INC. FOR THE MICHIGAN STREET REDEVELOPMENT AREA Mayor VanDeVoorde: Staff has recommended that the subject Resolution remain on the table. RESOLUTION ADOPTED ACCEPTING A GRANT OF EASEMENT FOR STORM WATER SEWER LINE Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 426 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR STORM WATER SEWER LINE 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 a Grant of Easement for storm water sewer line for the property legally described as follows: The West 5.0 feet of Lot 386 and the East 5.0 feet of Lot 387, both in Valley Creek Unit No. 9, in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Easement for storm water sewer line to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: am-,L�� Z s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN OPEN SALES LOT (1414 DUNDEE AVENUE Councilwoman Moylan made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 427 Ordinance No. G57-89 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OPEN SALES LOT (1414 Dundee Avenue) WHEREAS, written application had been made for a special use for an open sales lot at 1414 Dundee Avenue in July, 1986; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and submitted its findings of fact and recommended approval; and WHEREAS, on September 8, 1986, the City Council of the City of Elgin voted to deny the application for a special use for an open sales lot; and WHEREAS, such denial was appealed to the Circuit Court of Kane County in the case of Gerald J. Kopanski v. City of Elgin, MR KA 87 051; and WHEREAS, there was an order entered in the above entitled matter on April 10, 1989 remanding this matter back to the Elgin City Council ". . . for issuance of the special use permit sought by plaintiff, subject to reasonable restrictions as to density of vehicles, screening, lighting and other matters customarily included in such permits." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby grants a special use for an open sales lot at 1414 Dundee Avenue, Elgin, Illinois, legally described as follows: The East 40.0 feet of Lot I I and Lot 12 (EXCEPT the Easterly 10.33 feet of said Lot 12, as measured along the North and South lines of said Lot 12) in Block I of Trout Park River Bluff Addition to Elgin, being a subdivision of part of Section I, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. Section 2. That the special use is granted subject to the following conditions: I. Submittal of a site plan showing the following: A. Removal of the approach on Dundee Avenue. B. Compliance with Chapter 19.44, "Off Street Parking". C. The number of freestanding signs on the property is to be limited to one, a maximum of 22 feet in height and 80 square feet in surface area. 2. The subject property shall not be used for other outside sales activity, including vegetable stands and Christmas tree sales. 3. No motor vehicle repair or servicing is to be performed on the premises. Motor vehicle detailing/preparation for resale is permitted. VOLUME LIV 428 4. No vehicle shall be parked upon the public, right of way. S. This special use permit is granted to Mr. Gerald Kopanski, d/b/a Transportation Unlimited and may not be transferred, sold or utilized by any other person or entity without the prior approval of the City Council of the City of Elgin. 6. Compliance with all other applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NO. G10-87 GRANTING A SPECIAL USE FOR A DAY CARE CENTER Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 429 VOLUME LIV Ordinance No. G58-89 AN ORDINANCE AMENDING ORDINANCE NO. G IO-87 GRANTING A SPECIAL USE FOR A DAY CARE CENTER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section I of Ordinance No. G 10-87 entitled "An Ordinance Granting a Special Use for a Day Care Center" passed February 25, 1987, be and is hereby amended to read as follows: "Section I. That the City Council of the City, of Elgin hereby adopts the findings of fact made by the Land Use Committee, a copy of which is attached hereto as Exhibit A." Section 2. That Section 2 of Ordinance No. GIO-87 entitled "An Ordinance Granting a Special Use for a Day Care Center" passed February 25, 1987, be and is hereby amended by adding the following conditions: 3. Substantial conformance with the site plan, prepared by Sinnett Builders, dated March 17, 1989 and the petitioner's statement. Section 3. That, except as amended herein, Ordinance No. GIO-87 remains in full force and effect. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28,1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie A"rma�n Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 482 NORTH McLEAN BOULEVARD Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 430 Ordinance No. G59-89 AN ORDINANCE RECLASSIFYING PROPERTY AT 482 NORTH McLEAN BOULEVARD WHEREAS, written application has been made to reclassify certain property located at 482 North McLean Boulevard from R-4 General Residence District to O Limited Office District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE 1T 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 same 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 excluding from the R-4 General Residence District and including in the O Limited Office District, the following described property: That part of the East Half of the Southwest Quarter of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in the West Line of McLean Boulevard 222.3 feet North of the South Line of said Southwest Quarter; thence West parallel with the South Line of said quarter section, a distance of 262.0 feet; thence Northwesterly along a line that forms an angle of 67 degrees 51 minutes 50 seconds to the right with the prolongation of the last described line, a distance of 146.53 feet; thence East parallel with the South Line of said quarter section, a distance of 60.0 feet; thence Northerly along a line that forms an angle of 90 degrees 24 minutes to the left with the prolongation of the last described line, a distance of 12.0 feet; thence East parallel with the South Line of said quarter section, a distance of 262.0 feet to the West Line of McLean Boulevard; thence South along said West Line of McLean Boulevard, a distance of 147.7 feet to the point of beginning (except the Southerly 24 feet of even width thereof measured along the Easterly border line), in the City of Elgin, Kane County, Illinois." Section 2. That the reclassification of the above described property be and is hereby subject to the following conditions: I. Access to McLean Boulevard shall be limited to one point, equidistant between Demmond Street and Plymouth Lane. 2. Compliance with all other applicable codes and ordinances. 431 VOLUME LIV Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s / Marie Ye`drman Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR A CHURCH (1110 SUMMIT STREET) Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 432 Ordinance No. G60-89 AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH (I 110 Summit Street) WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a church at 1110 Summit Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a church at I 110 Summit Street, Elgin, Illinois, legally described as follows: That part of the Southwest Quarter of the Southeast Quarter of Section 7, Township 41 North, Range 9, East of the Third Principal Meridian, described as follows: Beginning at the Northeast Corner of the Southwest Quarter of said Southeast Quarter; thence South I degree 13 minutes West along the East Line of said Southwest Quarter of the South- east Quarter, 776.0 feet to the North line of State Route 58; thence South 89 degrees 49 minutes West along said North Line, 341.18 feet; thence North I degree 13 minutes East parallel with the East line of the Southwest Quarter of the Southeast Quarter 759.59 feet to a point in the North Line of said Southwest Quarter of the Southeast Quarter; thence North 87 degrees 30 minutes East along said North Line, 341.53 feet to the point of beginning, except therefrom the South 508.36 feet of the East 150.0 feet thereof, in the City of Elgin, Cook County, Illinois. be and is hereby granted subject to the following conditions: I. Substantial conformance with the site plan prepared by ACBI Architects, dated March 30, 1989. 2. Submission of an IDOT permit for roadway access to Summit Street prior to the issuance of a building permit. 3. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. 433 VOLUME LIV Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED REGULATING THE USE OF SEAT BELTS Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 434 Ordinance No. G61-89 AN ORDINANCE REGULATING THE USE OF SEAT BELTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.52 entitled "Equipment of Vehicles" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "11.52.015 Seat belts --Required. The regulations of the Illinois Revised Statutes, 1988, Chapter 95'/2, Chapter 11, Article VI, Section 12-603.1, as amended, are adopted as the regulations governing the requirements of seat belt use. 1 1.52.016 Seatbe I is--Ch i Id Safety. The regulations of the Illinois Revised Statutes, 1988, Chapter 95Y2, Paragraphs 1101 through 1107, as amended, are adopted as the regulations governing the child safety requirements." 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 pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28,1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s_/ Marie Y rman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 435 VOLUME LIV Ordinance No. G62-89 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 11.60 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 1 1.60.050P the following: North Grove Avenue. North Grove Avenue, east side thereof, from Jefferson Avenue to Slade Avenue. Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repeated. Section 3. 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28,1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s1 Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE LICENSE FEES FOR STATIONARY ENGINEERS Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 436 Ordinance No. G63-89 AN ORDINANCE AMENDING THE LICENSE FEES FOR STATIONARY ENGINEERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 3.56, Section 3.56.100 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 113.56.100 License --Fees. All fees shall be payable to the city upon filing application whether for original appointment or for renewal. No license or permit shall be issued until such fee has been deposited with the city clerk. License Fees Original license as stationary engineer $ 10.00 Annual license fee for renewal $ 8.00 Original license as boiler fireman $ 6.00 Annual license fee for renewal $ 4.00 Not more than two reexaminations shall be permitted on any applica- tion." 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 pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED PROVIDING FOR THE PAYMENT OF SALARIES AND BILLS LESS THAN $5,000.00 WITHOUT APPROVAL BY THE CITY COUNCIL Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 437 VOLUME LIV Ordinance No. G64-89 AN ORDINANCE PROVIDING FOR THE PAYMENT OF SALARIES AND BILLS LESS THAN $5,000.00 WITHOUT APPROVAL BY THE CITY COUNCIL WHEREAS, the approval of bills payable by the city is a power or function per- taining to the government and affairs of the City of Elgin as a home rule unit within the meaning of the Illinois Constitution of 1970; and WHEREAS, it is necessary and desirable to provide for the payment of certain bills and salaries without submission to the city council; and WHEREAS, the city manager is by ordinance designated as purchasing agent of the city and it is necessary and appropriate to authorize the approval of payment of salaries and certain bills by the city manager. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.12.060 of Chapter 2.12 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "2.12.060 Purchasing agent duties. All bills payable by the city other than for the payment of amounts less than $5,000.00 and salaries established by the city council shall be submitted to the city council for approval before payment. The city manager, or his duly authorized representative, may approve for payment any bill in an amount less than $5,000.00 and salaries established by the city council. All payments which have not been approved by the city council shall be reported monthly to the city council." Section 2. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: _s/ Marie Ye rman Marie Yearman, City Clerk VOLUME LIV 438 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $147,967.20 May 1 - June 15 refuse charges. Elgin Chamber of Commerce. $10,163.50 Third quarter economic development payment. Elgin Public Museum 10,100.00 Third quarter support payment. Thompson Elevator 1,801.00 Elevator inspections. Boncosky Oil Co. 5,882.51 Gasoline purchase. Union Oil Co. 3,938.80 Diesel fuel purchase. Mohawk Mfg. Co. 2,548.90 Bus stock parts. P & G Electrical 1,510.00 Bus stock parts. Howell Tractor Co. 7,259.41 Repairs to Wheel Loader. R.V. Norvene & Assoc. 10,434.80 Services re GOB issue. Moodys Investors 4,000.00 Services re GOB issue. Bowne of Chicago 2,673.25 Services re GOB issue. Northwestern University 3,760.00 Tuition fees for policemen. Dictaphone Corp. 2,416.00 Annual maintenance fee. Cincinnati Time 2,320.00 Annual maintenance CBC Environmental 1,570.00 Deep Well testing. DES, Inc. 17,237.00 Construction Wing & Lord's Park restrooms (Final payment) Carver Leach 639 Douglas 3,586.00 Residential Rebate Program. Elizabeth McDonald 1202 Cedar Avenue 3,571.25 Residential Rebate Program. Councilman Gilliam made a motion, seconded by Councilman Walters to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 439 VOLUME LIV ORDINANCE PASSED ESTABLISHING A FIRE MUTUAL AID RESPONSE Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 440 Ordinance No. G65-89 AN ORDINANCE ESTABLISHING A FIRE MUTUAL AID RESPONSE WHEREAS, all parties have been participating in the Mutual Aid Box Alarm System (MABAS) to provide for communication procedures and other necessary functions to further the provision of said protection of life and property from an emergency or disaster; and WHEREAS, an ad hoc committee has revised the existing MABAS contract to address the dynamics of change that have impacted upon the fire service since the original contract; and WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among them- selves in any manner not prohibited by law or ordinance; and WHEREAS, the Illinois Revised Statutes, 1985, Chapter 127, Section 741, et seq., entitled the "Intergovernmental Cooperation Act," provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any unit of local government; and WHEREAS, the Illinois Revised Statutes, 1985, Chapter 127, Section 745, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, the parties hereto have determined that it is in their best interests to enter into this Agreement to secure to each the benefits of mutual aid in fire protection, firefighting, and the protection of life and property from an emergency or disaster; and WHEREAS, the purpose of said organization is to establish procedures to be followed in an emergency situation that threatens or causes loss of life and property and exceeds the physical and organizational capabilities of a single unit of local government; and WHEREAS, the City Council of the City of Elgin, after due investigation, has determined that membership in said organization will benefit the residents of said City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the Mayor and the City Clerk be and are hereby authorized to execute an Agreement for participation in the Mutual Aid Box Alarm System, a copy of said Agreement being attached hereto and being made a part hereof. s/ George VanDeVoorde George VanDeVoorde, Mayor 441 Presented: June 28, 1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Ye rman Marie Yearman, City Clerk VOLUME LIV RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT FOR THE MAINTENANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 442 RESOLUTION AUTHORIZING AN AGREEMENT FOR THE MAINTENANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement with the Illinois Depart- ment of Transportation for the maintenance of streets for the period commencing July I, 1989 through June 30, 1990, a copy of which is attached hereto and made a part hereof by reference. George Van-DeVoor e, Mayor Presented: June 28,1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: cZ MariP Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A PLAT OF DEDICATION FOR AN EASEMENT (VALLEY CREEK UNIT NO. 11) Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 443 VOLUME LIV RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR AN EASEMENT (Valley Creek Unit No. 11) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication prepared by John D. Rebik & Associates, an Illinois Land Surveyor, and dated May 22, 1989, for an easement for the property legally described as follows: Commencing at the Northwest corner of Lot 552 in Valley Creek Unit No. II, being a subdivision of part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, according to the plat thereof recorded September 22, 1988 as Document No. 1933400; thence Southeasterly along the curved Westerly line of said Lot 552, being the arc of a circle convex Northeasterly and having a radius of 52.50 feet, an arc distance of 1.00 foot (the chord of which arc bears South 310-36'-08" East and measures 1.00 foot), to the point of beginning of the parcel to be described; thence North 570-51'-07" East, 143.94 feet; thence Northeasterly along a curved line, being the arc of a circle convex Northwesterly and having a radius of 3489.68 feet, an arc distance of 1.47 feet (the chord of which arc bears North 140-52'-18" East and measures 1.47 feet); thence North 570-5l'-07" East, 7.34 feet; thence Southwesterly along a curved line, being the arc of a circle convex Northwesterly and having a radius of 3484.68 feet, an arc distance of 16.125 feet (the chord of which arc bears South 140-50'-22" West and measures 16.125 feet); thence South 570-51'-07" West, 141.72 feet to a point on the Westerly line of Lot 552, aforementioned; thence Northwesterly along the curved Westerly line of said Lot 552, being the arc of a circle convex Northeasterly and having a radius of 52.50 feet, an arc distance of 10.085 feet (the chord of which arc bears North 250-33'-18" West and measures 10.07 feet), to the point of beginning, all in Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28,1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea -man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING SALE OF MUNICIPALLY OWNED REAL ESTATE Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 444 RESOLUTION AUTHORIZING SALE OF MUNICIPALLY OWNED REAL ESTATE WHEREAS, the City of Elgin owns the following described real property: That part of the West Half of the Northwest Quarter of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest Corner of Lot 45 of Country Knolls Unit No. 18, being a subdivision of part of the Northwest Quarter of said Section 16; thence Northerly, along the Northerly extension of the West Line of said Lot 45, a distance of 25.00 feet for the point of beginning; thence Southerly, along said line, a distance of 25.00 feet to the said Northwest Corner of Lot 45• thence Easterly, along the North Line of said Lot 45, a distance of WON feet to the Northeast Corner of said Lot 45; thence Northerly, along the Northerly extension of the East Line of said Lot 45, a distance of 100.00 feet; thence Westerly, parallel with the said North Line of Lot 45, a distance of 45.00 feet; thence Southwesterly, a distance of 93.58 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0.18 acre more or less. which property is generally located at the rear of 255 Brookside Drive and is currently vacant; and WHEREAS, the City Council of the City of Elgin has determined that it is no longer necessary, appropriate, or in the best interest of the City of Elgin that it retain title to said real estate, and that said real estate is not required for the use of, or profitable to the City of Elgin; and WHEREAS, the disposition of surplus property is a matter pertaining to the government and affairs of the City of Elgin which under the constitution of Illinois is a home rule unit authorized to perform any function and exercise any power relating to its government and affairs; and WHEREAS, the real estate described has been appraised by a qualified real estate appraiser as having a fair cash value of $2,750.00; and WHEREAS, the owners of adjoining property have offered to pay the fair cash value of the real estate described; and WHEREAS, the City Council finds and determines that the best interests of the City of Elgin and its residents will be served by the acceptance of the offer submitted by Jerry Benthusen and the sale of the aforesaid real estate to him for the amount of $2,750.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. The City Council finds as fact the recitals hereinabove set forth. Section 2. The offer of Jerry Benthusen in the amount of $2,750.00 is hereby accepted for the sale of the following described real estate: 445 VOLUME LIV That part of the West Half of the Northwest Quarter of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest Corner of Lot 45 of Country Knolls Unit No. 18, being a subdivision of part of the Northwest Quarter of said Section 16; thence Northerly, along the Northerly extension of the West Line of said Lot 45, a distance of 25.00 feet for the point of beginning; thence Southerly, along said line, a distance of 25.00 feet to the said Northwest Corner of Lot 45; thence Easterly, along the North Line of said Lot 45, a distance of 100.00 feet to the Northeast Corner of said Lot 45; thence Northerly, along the Northerly extension of the East Line of said Lot 45, a distance of 100.00 feet; thence Westerly, parallel with the said North Line of Lot 45, a distance of 45.00 feet; thence Southwesterly, a distance of 93.58 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0.18 acre more or less. Section 3. The Mayor is hereby authorized and directed to sign and the City Clerk is hereby authorized and directed to attest a quit claim deed to Jerry Benthusen of all interest of the City of Elgin in the real estate described, upon receipt of the sum of $2,750.00 in cash or by certified check payable to the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28,1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITIES (LITTLE ANGELS NURSING FACILITY) Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 446 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITIES (Little Angels Nursing Facility) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement with Commonwealth Edison Company for installation and maintenance of necessary underground utilities, in, under and across Parcel Nos. 36 and 36W-1 of Grantor's Joliet -Crystal Lake and Widening Right -of -Way, in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, Cook County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Agreement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. C I Genrgp VanDellnorda George VanDeVoorde, Mayor Presented: June 28,1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: f Mari n VP mats Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING SUSAN RICHARDSON AS A MEMBER OF THE HUMAN RELATIONS COMMISION Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 447 VOLUME LIV RESOLUTION APPOINTING SUSAN RICHARDSON AS A MEMBER OF THE HUMAN RELATIONS COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Susan Richardson be and is hereby appointed as a member of the Human Relations Commission for a term to expire May I, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s— Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT WITH ROBERT W. PARSONS.,JR. Councilman Gilliam made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 448 RESOLUTION AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT WITH ROBERT W. PARSONS, JR. 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 maintenance agreement on behalf of the City of Elgin with Robert W. Parsons, Jr. for the maintenance of property located east of Preston Avenue, north of Grand Boulevard and adjacent to 694 Grand Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, mayor Presented: June 28, 1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: 'Attest: s Marie YeaYman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT WITH JOHN C. CONWAY Councilman Gilliam made a motion, seconded by Councilman Waiters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 449 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT WITH JOHN C. CONAWAY 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 maintenance agreement on behalf of the City of Elgin with John C. Conaway for the maintenance of property located at the intersection of Miller Drive and Birchdale Drive, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Adopted: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED VACATING A PORTION OF AN EASEMENT ( VALLEY CUNIT NO. 11 ) Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 450 Ordinance No. G66-89 AN ORDINANCE VACATING A PORTION OF AN EASEMENT (Valley Creek Unit No. 11) WHEREAS, the public interest will be served by vacating a portion of an easement in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and WHEREAS, said property is not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That a portion of an easement in the City of Elgin, Kane County, Illinois, legally described as follows: A City of Elgin easement being 10.0 feet in width, lying 5.0 feet on either side of the property line between Lots 551 and 552 in Valley Creek Unit No. 11, being a subdivision of part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, according to the plat thereof recorded September 22, 1988 as Document No. 1933400, bounded by a line described as follows: Beginning at the most Southerly Southeast of Lot 551 (being also the Northwest corner of Lot 552), in Valley Creek Unit No. 11, aforesaid; thence Northwesterly along the curved Southwesterly line of said Lot 551, being the arc of a circle convex Northeasterly and having a radius of 52.50 feet an arc distance of 5.00 feet (the chord of which arc bears North 346-53'-01" West and measures 5.00 feet); thence North 570-51'-07" East, 150.62 feet; thence Southwesterly along a curved line, being the arc of a circle convex North- westerly and having a radius of 3489.68 feet, an arc distance of 7.34 feet (the chord of which arc bears South 140-56'-39" West and measures 7.34 feet); thence North 570-51'-07" East, 7.34 feet; thence Southwesterly along a curved line, being the arc of a circle convex Northwesterly and having a radius of 3484.68 feet, an arc distance of 7.34 feet (the chord of which arc bears South 140-54'-42" West and measures 7.34 feet); thence South 57°- 51'-07" West, 147.21 feet to a point on the curved Westerly line of Lot 552, aforementioned; thence Northwesterly along said Westerly line, being the arc of a circle convex Northeasterly and having a radius of 52.50 feet, an arc distance of 5.00 feet (the chord of which arc bears North 290-25'-08" West and measures 5.00 feet), to the place of beginning, all in Kane County, Illinois. be and the some is hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. 451 VOLUME LIV Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 28, 1989 Passed: June 28, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk VOLUME LIV .452 REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for March, 1989 Heritage Commission Minutes for May 8, 1989 Water Department Report for May, 1989 Human Relations Commission Minutes for May 2, 1989 Public Works Department Report for May, 1989 BIS Permit Report for May, 1989 Transportation Report for May, 1989 Land Use Committee Minutes for May 15, 1989 Planning Committee Minutes for May 17, 1989 Land Use Committee Minutes for June 5, 1989 Planning Committee Minutes for June 7, 1989 Council Retreat Minutes for June 3, 1989 Elgin Liquor Commission Minutes for June 19, 1989 Board Of Local Improvement Minutes for May 25, 1989 Committee of the Whole Minutes for May 25, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Mr. Nick Belsanti, representing The Eleven Division, Local No. 1, Service Employees International Union, AFK-CIO/CLC, appeared before the Council, and represented to the Council the current financial condition of the City of Elgin. Acting City Manager, Robert Malm, stated the financial computations given by Mr. Belsanti were in error, and he requested that Mr. Belsanti furnish the City with a copy of said financial report. Mr. Belsanti stated he would furnish the requested information. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Moylan made a motion, seconded by Councilman Gilliam to adjourn the Council Meeting to return to the Committee of the Whole Meeting. Yeas: Councilmen Fox, Gilliam, Moylan, (�P,pple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Marie Yearman, City Clerk VOLUME LIV July 12, 1989 453 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on July 12, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Councilwoman Moylan, and the Pledge of Allegiance was led by Corporation Counsel Erwin Jentsch. ROLL CALL Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE JUNE 28, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Walters to approve the June 28, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Councilman Walters made a motion, seconded by Councilman Fox to pull the Resolution Changing The Name of Lovell Road to Shales Parkway from the Consent Agenda. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED CHANGING THE NAME OF LOVELL ROAD TO SHALES PARKWAY Councilwoman Popple made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Mayor VanDeVoorde presented the aforementioned Resolution to Mrs. Hulda Shales, widow of Clyde L. Shales. BID AWARDED FOR DEMOLITION OF VARIOUS RUT i,i)TNr..q Councilwoman Moylan made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, U.S. Dismantlement Corporation, for a total amount of $63,600.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 453(a) RESOLUTION CHANGING THE NAME OF LOVELL ROAD TO SHALES PARKWAY WHEREAS, Clyde L. Shales served the City of Elgin as Councilman for four years and as Mayor for four years; and WHEREAS, Clyde L. Shales served the community with integrity and dedication for the public welfare; and WHEREAS, Clyde L. Shales distinguished himself as a Mayor with great love for the City of Elgin and provided leadership and dedicated his services toward the future of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the public street known as Lovell Road from U.S. Route 20 (Villa Street) to Illinois Route 19 (Chicago Street) be and the same is hereby redesignated and renamed Shales Parkway. BE IT FURTHER RESOLVED that all City signs and maps shall be altered to read Shales Parkway at the aforesaid places. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to give written notice to the election authorities having jurisdiction in the area in which the street name is hereby changed and to the post office branch serving that area by certified or registered mail. BE IT FURTHER RESOLVED that the resolution shall be in effect thirty days after notice is given to the election authorities and the post office as provided herein. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s/ Marie Yearman Marie Yearman, -City Clerk 454 VOLUME LIV BID AWARDED FOR AIR COMPRESSOR FOR THE FIRE DEPARTMENT Councilwoman Shales made a motion, seconded by Councilman Fox to award this bid as follows: a. That the apparent low bid from Great Lakes Fire & Safety be declared non -responsive for failing to meet essential bid specifications. b. That the bid be award to the low responsive bidder, Able Fire & Safety Equipment Inc., for a total amount of $19,995.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR REPAIRS TO SQUAD CAR Councilman Walters made a motion, seconded by Councilwoman Popple to make the following award: a. That the sole bid from Bigger's Chevrolet for one in stock police squad be rejected. b. That Council authorize staff to proceed with repairs to Squad #50 as originally determined by the City insurance carrier. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING FOR PROPOSED FIRST AMENDMENT, PROPERTY LOCATED AT 462-472 NORTH McLEAN BLVD. TABLED Roger Dahlstrom: I would like to point out that the action that prompts this Amendment to the Annexation Agreement, is that the planned unit development special use for this property was approved sometime in the past. A proposed Amendment to the planned unit development that would add two dwelling units to original fourteen dwelling units, was the basis for the petition associated with the Annexation Agreement Amendment. I would also like to point out that the proposed land use is in general conformance with the land use designation, as provided for in the City's Comprehensive Plan. Mayor VanDeVoorde: What will the address be for this property. Roger Dahlstrom: It will have access onto Heine Avenue. Mayor VanDeVoorde: It is also indicated in our material that there is a six inch watermain servicing this area, and it is indicated that is sufficient. In my opinion, a six VOLUME LIV 455 inch watermain is not sufficient for handling R-4 apartment buildings. I think this is very marginal, but someone has since made a connection at the other side. Does anyone have an answer on this. Unidentified Plumber: There is 8 and 6 at both ends, I put it in. Councilwoman Shales: I will be voting against this request for the reason that there was a neighborhood objection from the residents on Heine Avenue, who did approve the 14 units, and I do not want to go back now and approve 2 more units. I don't think it is fair to the residents on Heine. Mayor VanDeVoorde: Is there anyone in the audience who would like to address this matter. (No Response) Councilwoman Moylan made a motion, seconded by Councilwoman Shales to close the Public Hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING ON APPLICATION TO ADD TERRITORY TO THE ELGIN ENTERPRISE ZONE Deborah Nier: The purpose of this Public Hearing is to present a proposal to amend the existing Enterprise Zone. There is an existing Enterprise Zone that was designated by the State of Illinois in 1985, that encompasses the Central City, including the Central Business District. The designation provides for a variety of State and local incentives, including such things as retail sales tax waivers on the purchase of building materials, and reduced interest loans for building improvements and property rehabilitation. In January, 1989, two businesses on North State Street, made a request to this Council for expanding the existing Enterprise Zone to include that area. The businesses planning expansions wish to take advantage of the incentives that the Enterprise Zone has to offer. The City considered this request and decided to pursue the additions to the area of the Enterprise Zone for two reasons. One, because North State Street is the main entrance corridor in the development of this area, and two, the businesses were willing to make a commitment to the development, should the Zone designation be approved. The City also decided to include an area southeast of the existing Zone for designation as part of the Enterprise Zone. This is an area where a major redevelopment commitment has been made by the City. The plan for the expansion has been presented to the Elgin Economic Development Council, the Chamber of Commerce and the Greater Downtown Elgin Commission, 456 VOLUME LIV who have all supported the addition of this new territory. Councilwoman Popple: There is a map in our material that shows a 70/30 split of the Woodruff/Edwards property, which we have not voted on yet. We have not seen a formal agreement and I want to make sure we are not voting on this. Jim Cook: You are including the property in the Enterprise Zone, that is all you are doing. You are not making an agreement that is where the property is going to split. Mayor VanDeVoorde: I think it is important that it be noted at this point that is not an agreement to accept the 70/30 split. Councilwoman Popple made a motion, seconded by Councilman Walters to close the Public Hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 73-88 REQUESTING ANNEXATION AND B-4 GENERAL SERVICE DISTRICT ZONING, PROPERTY LOCATED AT BLUFF CITY BLVD. AND GIFFORD ROAD, BY THE CITY OF ELGIN APPRnVRD Councilwoman Popple made a motion, seconded by Councilman Walters to remove Petition 73-88 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Councilman Fox: My concerns with the annexation of this property are the same ones I expressed from day one, and compounded a little bit, because of the changes in terms of negotiations and not giving one of the property owners a chance to negotiate a preannexation agreement, which technically, or not technically, may benefit them or not, but they feel that it would. I voted no on this because I think we are not ready to do it, I don't think it is something that is necessary, so I will continue to vote no_ Councilwoman Popple: I had also asked for negotiations a few months ago and I think the staff negotiated in good faith and I feel that we have reached a point where I am convinced that further negotiations would not be helpful. I think some of these issues will be decided by the Liquor Commission, not the Council, so I am prepared at this time to vote yes. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to approve Petition 73-88. Yeas: Councilmen Gilliam, Moylan, Popple, Shales and Mayor VanDeVoorde. Nays: Councilmen Fox and Walters. VOLUME LIV 457 APPLICATION S15-89 REQUESTING FINAL PLAT APPROVAL FOR WESTFIELD BUSINESS PARK - PLAT NO. 2, PROPERTY LOCATED WEST OF RANDALL ROAD - TABLED Councilwoman Shales made a motion, seconded by Councilwoman Popple to remove Application S15-89 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde: Nays: None. Roger Dahlstrom . As you can there remains one unresolved issue You have been provided with a the staff's comments on that item. see from your information, with respect to this Application. memorandum that summarizes Attorney Bud Heimberg: I think it would be best to have this matter put back on the table for another two weeks. My client is still reviewing a position on this item. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to table Petition S15-89 for two weeks. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED TO PROVIDE FOR THE RENTAL REGISTRATION,OF ALL -RESIDENTIAL PROPERTY Councilman Gilliam made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Councilman Fox: I would like to make a motion to amend the Ordinance by adding a Section at the end, which would read "This Ordinance is not intended to and does not effect the rights and obligations of the parties to a lease, oral or written, of a rental structure". Councilman Walters: Second. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Edna Krueger, 32 Woodland: I would appreciate for you individuals to share with this group what provisions have been made by the City to provide housing to those persons displaced, either because their apartment does not meet the square footage, or the owner has not registered the property. Two, Is it the Council's intent to create a new class of homeless in this community. Three, is it the Council's intent to practice discrimination, or give the appearance of discrimination directed towards the poor and some minorities that will be displaced by the approval of the licensing ordinance. Fourth, will the City be the moving party if an eviction is warranted. 458 VOLUME LIV Councilman Gilliam: I don't think this Ordinance is going to displace anyone, if the standard of living in that apartment are up to code. I don't think we are going to create a new class of people. I don't think people are going to be put out on the street. Are you saying that because we don't want poor people to live in substandard housing, are we discriminating against them, if that is your question, yes we don't want poor people to live in housing that is not acceptable. Jim Cook: The question that Mrs. Kruger raised as far as square footage, in fact the ordinance that governs square footage in already in existence, the enforcement of square footage would be by inspection of premises, which would have nothing to do with this Ordinance, as Councilman Walters pointed out, but in fact, would be by an inspection based on, if necessary, a warrant which would permit us to go into the property and inspect it, and if we found it violating the square footage, that already exists in the code, then enforcement would take place in that fashion, as it can do now, and does do when we have complaints suggesting that there are more people living in premises than the premises are built to cover. This Ordinance very specifically says that failure to register, failure to comply with the Ordinance, will result in us going to court, with fines and court orders, and the party that will do whatever has to be done will be done by court. Lynn Klein, President, Elgin Board of Realtors: Our concern is Elgin, the quality of health, welfare, safety and the general public to maintain the quality stock, is of equal concern. This new Ordinance does address some of these areas, the major focus seems to be on number one, who owns the property. Two, who to talk to if a violation of the property is apparent. However, no timeframe is spelled out to be required to repair in order to bring this property up to code. We urge the Council to vote no on the proposed Ordinance as written. We thank you for the opportunity to voice our opinion here tonight. Arthur Allen, 400 E. Chicago St.: I would have been grateful to have received an advance copy of this Ordinance. I would compliment the staff and Council for trying to put a comprehensive registration ordinance in place. The ordinance appears to have an appeal process to the Building Official, I would suggest that you add an appeal process to a City commission, or an appeal process to the City Council. I would also suggest a preamble to the ordinance to indicate that it was written with the general intention that there should be a systematic enforcement of the codes of Elgin. VOLUME LIV 459 Jim Cook: I would point out that the Ordinance provides that the appeal from the Building Official is the court, that is the next step. Mel Schrock, Investor's Realty: What are they going to do if they have a family, they have more babies, they cannot find any place. After all they are human beings and they have to have some place to live. Mayor VanDeVoorde: If it is a violation of an ordinance today, what is this ordinance going to change. Mel Schrock: If we put down they are not in violation and they have another baby or two, then they will be in violation, are we going to ask them to leave. We are making a issue out of this total square footage, and how many occupants are going to be living there. They have to have some place to live. How long are we going to have to get them out if they can't find another place. Bob Essex, 559 Enterprise: The Ordinance does not have any definition as to what it is trying to do, what is its main purpose. I don't see where it is going to benefit the majority of the people. This is what a government is for - for the people. The penalties seem to pick on the renters, not the violators, which in this case would be the owner of the property or his agent. John Gastic, 707 Prospect: On page 2 of the Ordinance it states a family may include up to two boarders, roomers or permanent guests, whether or not gratuitous. My concern is does this not become, the way it is worded, say that this is almost like in an apartment, or a boarding house, is this too broad a statement. Mayor VanDeVoorde: I believe our code allows that right now. Gordon Burkart: That is correct. Mr. Thies, 409 Douglas: The Water Department knows who the landlords are, they know me. Jim Cook: Not where the renter pays the water. We do not know when property changes hands. We don't know the owners of much of the property in Elgin. Chuck Daily, 559 Columbia: I have one question, "current lead paint inspection, yes or no, what is the basis behind that, and what are we talking about. Gordon Burkart: Basically what we are asking at this point is that if you are presently under age, investigation due to alleged paint is presently under investigation. 460 VOLUME LIV Councilwoman Shales: That question confused me too, maybe it could be re -worded to make it more clear as to what information is wanted. Dawn Lewis, 58 Surrey: If the building is in compliance with the regulations why do they have to pay a registration fee, should they not just penalize if they are not in compliance. If there is a registration fee of $25.00 for four years, will it be left at that fee, or will it be increased without any explanation. Jim Cook: Over a four year time it pays the salary of one clerk to maintain the system. Ms. Lewis: How often will they have inspections. Jim Cook: The inspections will be on a complaint or notice basis. This is not an inspection ordinance. If we receive a complaint that there is a violation, we will make an inspection, this is a registration of the owner only. Don Potuznik, Realtor: In regard to health and safety, I think, and everybody wants a better Elgin, but I think you are duplicating what we already have. I don't think anyone understands the BOCA Code. If you want to know the owner of a piece of property, most of the time the Water Department knows who owns the place. Second, if they don't the tax assessor normally does, and if it is a trust you may not be able to find the owner, but normally there is an agent. If there are obvious violations I think it ought to be red taged, that will bring the manager forth quickly. This Council has managed to pit the Elgin Board of Realtors and the Gifford Park Association, somewhat, not totally, against each other, and really our goals are the same thing, as well as the City Council's goals. I don't think this ordinance will effect the low income housing areas, I don't think it will make them better, I don't think this ordinance will help the Casa Linda complex and make it better. People who have bad buildings are not going to register. Nobody agrees with substandard housing, but you have to find the owners. Mayor VanDeVoorde: The high priority of this Council has been the rehabilitation of our older neighborhoods. We put our money where our mouth is, we are spending millions and we are doing this in the older neighborhoods, fixing streets, and sidewalks. Nobody here tonight has commented on houses that are really over -run with people. This Council along with Gifford Park and the Realtors want to make Elgin a better place, and this is the only reason this Ordinance is proposed tonight. VOLUME LIV 461 I personally have a little problem with the tenant aspect, I really don't think we should go after the tenant, I think that should be stricken from the Ordinance myself. I venture to say that the property owners here tonight are not the people that we are after. This is a valuable tool to inspect these apartments and that is why it is proposed. Debbie Hirschberg: I as a landlord have a duty to uphold the codes if that is the law, and I don't have any problem letting the City know who I am, what property I own, and making it easy for them to enforce the law, and I agree with what you just said. Richard Miller, 420 Fulton: My neighbors and I are in favor of anything that will reduce overcrowding and the elimination of illegal conversions, and if this helps the Fire Department and Inspection Department, fine, we are very much in favor of it. Ruth Elders, Realtor: Is this really for tenants and landlords. Take the couple in a two bedroom home, three or four kids in one bedroom, they put in a basement bedroom, is that homeowner going to be forced to sell their home because they are in violation. They cannot afford a larger home, and if they are allowed to keep it then why is it right for them. Mayor VanDeVoorde: Are you suggesting that we condone violations of the building code. Ms. Elders: Its economics. Some people cannot afford better, people don't enjoy living cramped. Mayor VanDeVoorde: If a place is overcrowded, unsanitary, unsafe, then it should be addressed. People should not have to live in unsafe and unsanitary places. I will say it one more time I am somewhat troubled by tenants being singled out for punishment, that bothers me. Councilwoman Shales: I think the age of the building should be noted on the registration form. Councilman Gilliam: I call for the question. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 462 VOLUME LIV Ordinance No. G67-89 AN ORDINANCE TO PROVIDE FOR THE REGISTRATION OF ALL RENTAL RESIDENTIAL PROPERTY WHEREAS, the City Council of the City of Et3in has determined that it is necessary and desirable to provide for the registration of all rental residential property within the City; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6(a) of the 1970 Constitution of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and Whereas, the registration of all rental residential property pertains to 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 1. That the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: CHAPTER 6.37 RENTAL RESIDENTIAL PROPERTY 6.37.010 Purpose. The purpose of this chapter is to provide for the registration of all rental residential property. 6.37.020 Provisions of inspection rights and restrictions. This ordinance shall not be construed as to restrict the right of this city to inspect any property. 6.37.030 Registration -- Certificate required. 1. It is unlawful for any person, firm or corporation to - operate, maintain or offer to rent within the city any single family two family, multi -family, or any other residential property whether vacant or not without registering with the city Bureau of Inspection Services and receiving a certificate therefore. 2. It is unlawful for any person to occupy a rental residential structure, or for any owner to allow anyone to occupy a rental residential structure which is not registered with the Bureau of Inspection Services. VOLUME LIV 463 - Page 2 - 3. This chapter shall not apply to the following structures; A. Single-family owner -occupied buildings. B. Single family buildings occupied by a member of the owner's family. Family is defined as one or more persons each related to the other by blood, marriage, adoption. A family may include up to two boarders, roomers or permanent guests, whether or not gratuitous EMC 19.04.255. C. Dwellings, buildings, structures and uses licensed and inspected by the State, including but not limited to, nursing homes, retirement centers, rest homes, etc. D. Hotels, Motels, and other structures which rent rooms to occupants who are primarily transient in nature, making use of the facilities for a period of less than 30 days. (BOCA Building Code/1984 section 309.2) 6.37.040 Registration--Certificate--Fee. 1. Each registrant for a certificate to maintain any residential structure for the purpose of renting to others shall file a written registration with the Bureau addressed to the Code Official stating: A. The name, address and phone number of each and every owner and the individual filing the registration. B. The address of the rental structure. C. The number of dwelling units within the rental structure property. D. In the case of a registrant or owner who is not a resident of the city, the name, address, and phone number of his/her agent with the authority for receipt of service or notice of a violation of the provisions of this chapter. E. Whenever there is a change in the ownership of a rental structure or the owner's agent, the owner(s) shall within thirty (30) days of such changes, file an updated written registration with the Bureau of Inspection Services indicating such changes. F. Approval must be obtained from the Bureau of Inspection Services prior to any change being made in the number of units within a registered building. Application for such change shall be made on a form provided by the Bureau of Inspection Services. The Bureau of Inspection Services will review the proposed change and respond to the building owner within thirty (30) days of the filing of the application. Any and all changes must meet all zoning and building code requirements. 464 VOLUME LIV - Page 3 - 2. A. Each registration shall be accompanied by a fee of twenty-five dollars ($25.00) for each rental residential building. If more than one dwelling unit in the same building is -included under the same ownership, only one certificate will be required for that owner or owners regarding that building. B. The term of registration shall be for four (4) years. The first year shall be calculated from January 1st of the year of registration and expire four (4) calendar years from that date. If the building ownership changes during the term of registration, the succeeding registration shall reflect the same expiration date as the original registration. 1.'There will be a sixty (60) day registration time period beginning on the first day this ordinance takes effect. 2. All governmental agencies and public housing authorities shall obtain a registration certificate as required here in but shall be exempt from the payment of the required fee. A certificate for a rental residential structure that has been properly issued, cannot be transferred to another rental residential structure nor to a succeeding owner. 6.37.050 Enforcement. It shall be the duty of the Bureau of Inspection Services to enforce the provisions of this chapter as authorized in the BOCA Property Maintenance Code/1978 adopted by the City of Elgin. 6.37.060 Violations. The following shall constitute violations of this chapter. 1. Failure of the owner or owners of the rental property to register such property with the Bureau of Inspection Services. 2. Failure of the tenants of the rental property to vacate such property within (60) sixty days after receiving written notice from the Bureau of Inspection Services that such property is not properly registered or that the certificate for registration has been revoked. 3. Failure of the owner of the rental property to vacate all tenants from said property within sixty days after the registration certificate has been revoked. VOLUME LIV 465 - Page 4 - 4. Any person other than an inspector from the Bureau of Inspection Services who removes or defaces any notices which have been posted pursuant to this chapter without the approval of the city official shall be liable for the penalties provided for by this chapter. 6.37.070 Registration --Suspension and Revocation of Certificate. 1. Registration may be suspended when: A. Violations of the Elgin Municipal Code have been identified by the Bureau of Inspection Services and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct the violations, but has failed to do so. B. Any person whose registration has been suspended shall be entitled to appeal the suspension to the Building Official by filing a petition as set forth in section 16.12.060 of the Elgin Municipal Code. C. If, upon re -inspection, the Bureau of Inspection Services finds that the registered building in connection with which the notice was issued is now in compliance with this chapter, the Housing Supervisor may reinstate the the registration certificate. The request for a re -inspection shall not stay the revocation of the registration certificate unless the Building Official grants such request pursuant to a showing of good cause by the property owner. 2. Notice: Before a registration certificate is suspended, the Housing Supervisor shall send proper notice to the property owner(s) or the listed agent at the last address as provided on the registration. Said notice shall be sent by registered mail, return receipt requested. The notice shall include the following; A. Description of the property sufficient for identification. B. A statement of the reasons for the suspension. C. An explanation of the property owner's right to appeal the suspension. D. If the property owner changes his address or changes agents and fails to notify the Bureau, such notice shall be suff- ifficient if sent by registered mail to the owner's or his agent's last address as provided on the registration. 466 VOLUME LIV - Page 5 - 3. Registration may be revoked if: A. A petition for appeal has not been filed within twenty (20) days following the date of issuance of the order of suspension, or, if the suspension is sustained after appeal. Prior to revocation, the property owner whose registration certificate has been suspended may request a re -inspection. B. Any information provided in the registration application is false. C. A registration certificate which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new registration certificate by following the procedures set forth in sections 6.37.030 and 6.37.040 of this chapter. 4. If a certificate is revoked without having the benefit of a suspension hearing, the property owner has the right to appeal that revocation. Said appeal shall conform to section 6.37.070 (1,B). 5. Whenever a registration permit is revoked, the Building Official shall notify all tenants of the rental structure by posting a notice on all entrances to the rental structure indicating the following: A. You are hereby notified that the registration permit for this structure has been revoked pursuant to Chapter 6.37.070 EMC. B. You must vacate this structure within (60) sixty days of the date of this notice. C. If you fail to vacate this structure, you will be in violation of this ordinance and subject to penalties of fines with a minimum of fifty dollars ($50) and a maximum of Five hundred dollars. ($500) for each day you are in violation. 6. Whenever an owner or agent of a rental structure fails to register said property with the Bureau of Inspection Services, the Building Official shall notify all tenants of the rental structure by posting a notice on all entrances to the rental structure indicating the following: A. You are hereby notified that the owner or agent of this rental structure has failed to register this rental structure with the Bureau of Inspection Services in violation of Chapter 6.37. B. You must vacate this structure within (60) sixty days o the date of this notice. VOLUME LIV C. subject to ($50) and you are in 467 - Page 6 - If you fail to vacate this structure, you will be the penalties of fines with a minimum of Fifty Dollars a maximum of Five Hundred Dollars ($500) for each day violation. 6.37.080 Penalties. The penalties imposed for violations of this chapter shall be a minimum of Fifty ($50) Dollars and a maximum of Five Hundred ($500) Dollars for each day that the violation exists. 6.37.081 No Effect on Leases. This ordinance is not intended to and does not effect the rights and obligations of the parties to a lease, oral or written, of a rental structure. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect form and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Passed: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s�Y s/ Marie Yeaa man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NO.S3-89 ENTITLED AN ORDINANCE AUTHORIZING THE ACQ- UISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSED (FIRE STATION #5) Councilman _.Gilliam made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 468 VOLUME LIV Ordinance No. S-13-89 AN ORDINANCE AMENDING ORDINANCE NO. S3-89 ENTITLED "AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (Fire Station #5)" WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to construct and maintain a fire station including accessory parking upon certain property; and WHEREAS, in order to construct and maintain said fire station including accessory parking, it is necessary to acquire certain 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 fire station including accessory parking is within the government and affairs of the City of Elgin; and WHEREAS, on February 8, 1989, the City Council of the City of Elgin passed Ordinance No. S3-89 entitled "An Ordinance Authorizing the Acquisition of Certain Property for Public Purposes (Fire Station #5)11; and WHEREAS, it has been determined that the legal description contained in said ordinance cites an incorrect section number; 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. S3-89 be and is hereby amended by amending the legal description of Parcel I in Section 2 of said ordinance to read as follows: Parcel 1: Lot 7 in Block 4 of Hawkins & Sowers Addition to the City of Elgin, a subdivision of part of the Northwest Quarter of the Northwest Quarter of Section 19, Township 41 North, Range 9, Hanover Township, Cook County, Illinois. BE IT FURTHER ORDAINED that, except as provided herein, Ordinance No. S3-89 shall remain in full force and effect. R/ GanrQp VAnDPVnnrdP George Van-DeVoorde, Mayor VOLUME LIV 469 Presented: July 12, 1989 Passed: July 12, 1989 Vote: Yeas 7 Nays p Recorded: Published: Attest: s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31. 1988 Councilwoman Shales made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 470 VOLUME LIV RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 1988 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the City of Elgin, Illinois, Comprehensive Annual Financial Report for the Year Ended December 31, 1988 prepared by the Department of Finance and the accompanying opinion of the auditor, Karrison, Byrne, Jansey & Trimarco, Ltd. s/ George VanDevoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk VOLUME LIV 471 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Elgin Area Convention Visitors Bureau Seyfarth, Shaw Fairweather Boncosky Oil Co. Advance of the third quarter $21,250.00 (July -Sept.) payment. Legal services re police 7,174.12 union matter. 5,853.00 Gasoline purchase. Councilman Walters made a motion, seconded by Councilwoman Popple to authorize payment of the above bills. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF ROBERT H. ANDERSON & ASSOCIATES, INC., FOR THE MICHIGAN STREET REDEVELOPMENT AREA Councilman Fox made a motion, seconded by Councilwoman Moylan to remove the aforementioned Resolution from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 472 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF ROBERT H. ANDERSON & ASSOCIATES, INC. FOR THE MICHIGAN STREET REDEVELOPMENT AREA 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 Robert H. Anderson & Associates, Inc. for engineering services for the Michigan Street Redevelopment Area, a copy of which is attached hereto and made a part hereof by reference. s/ Ceorbae VanDeVoorde George VanDeVoorde, Mayor Presented: May 25, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: �� Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO CMD DEVELOPMENT ANNEXATION AGREEMENT (EAST PARCEL) Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 473 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO CMD DEVELOPMENT ANNEXATION AGREEMENT (EAST PARCEL) WHEREAS, the owners of approximately 60 acres of property located east of Randall Road have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed second amendment to CMD Development Annexation Agreement with CMD Elgin Associates Limited Partnership, Centre Consolidated Properties, Ltd. and LaSalle National Bank is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, are hereby authorized and directed to execute, on behalf of the City of Elgin, a Second Amendment to CMD Development Annexation Agreement with CMD Elgin Associates Limited Partnership, Centre Consolidated Properties, Ltd, and LaSalle National Bank, a copy of which is attached hereto. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: VLCJ--�L Marie Yeaan Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Teeple Farm) Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 474 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Teeple Farm) 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN - (Echo Ridge) Councilwoman Popple made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 475 Ordinance No.S14-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Echo Ridge) 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: That part of the Southwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Section 17, thence North 88o, 18' 00" East, along the South line of said Section 17, a distance of 1795.87 feet to the East line of Document No. 9542302, as monumented; thence North 100 00' 03" West, along the East line of aforesaid Document No. 9542302, as monumented, a distance of 642.40 feet for the point of beginning; thence continuing along the last described course, a distance of 747.36 feet to a point on the West line of Lot 19 of the County Clerk's division of Section 17 as recorded May 31, 1895; thence North 070 37' 00" East, along the West line of said Lot 19, a distance of 448.19 feet to the Northwest corner of said Lot 19; thence North 880 35' 30" East, along a Northerly line of said Lot 19, a distance of 300.00 feet; thence South 080 06' 30" West, along an Easterly line of said Lot 19, a distance of 476.50 feet; thence South 640 30' 00" East, along a Northerly line of said Lot 19a distance of 224.00 feet to a point that is 739.00 feet Northwesterly ?as measured along the Northeasterly line of said Lot 19) from a Northeast corner of said Lot 19 that is 30.27 feet (as measured along the North- easterly line of said Lot 19) Southeasterly from the East line of the South- west quarter of said Section 17; thence South 080 36' 35" West, along the Westerly line of Woodside Manor, a subdivision recorded November 29, 1956 Document No. 16767618; as monumented, a distance of 667.03 feet to the Southwest corner of Chestnut Street according to said Woodside Manor; thence North 810 23, 25" West, a distance of 267.66 feet to the point of beginning. Being situated in Hanover Township, Cook County, Illinois and containing 9.45 acres more or less. 476 VOLUME LIV Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Cook County, Illinois. Section 3. That this ordinance shall be in full force and effect from and after is passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Passed: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Ma�rieYrman Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Echo Ridge) Councilwoman Popple made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 477 Ordinance No. G68-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Echo Ridge) WHEREAS, the territory herein described has been annexed to the City of Elgin; WHEREAS, written application has been made to classify said territory in the R-I Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 same 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 R-I Single Family Residence District, the following described property: That part of the Southwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Section 17, thence North 880, 18' 00" East, along the South line of said Section 17, a distance of 1795.87 feet to the East line of Document No. 9542302, as monumented; thence North 100 00, 03" West, along the East line of aforesaid Document No. 9542302, as monumented, a distance of 642.40 feet for the point of beginning; thence continuing along the last described course, a distance of 747.36 feet to a point on the West line of Lot 19 of the County Clerk's division of Section 17 as recorded May 31, 1895; thence North 070 37' 00" East, along the West line of said Lot 19, a distance of 448.19 feet to the Northwest corner of said Lot 19; thence North 880 35, 30" East, along a Northerly line of said Lot 19, a distance of 300.00 feet; thence South 080 06' 30" West, along an Easterly line of said Lot 19, a distance of 476.50 feet; thence South 640 30' 00" East, along a Northerly line of said Lot 19, a distance of 224.00 feet to a point that is 739.00 feet Northwesterly (as measured along the Northeasterly line of said Lot 19) from a Northeast corner of said Lot 19 that is 30.27 feet (as measured along the North- easterly line of said Lot 19) Southeasterly from the East line of the South- west quarter of said Section 17; thence South 080 36' 35" West, along the Westerly line of Woodside Manor, a subdivision recorded November 29, 1956 Document No. 16767618; as monumented, a distance of 667.03 feet to the 478 VOLUME LIV Southwest corner of Chestnut Street according to said Woodside Manor; thence North 81' 23' 25" West, a distance of 267.66 feet to the point of beginning. Being situated in Hanover Township, Cook County, Illinois and containing 9.45 acres more or less." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDevoorde George VanDevoorde, Mayor Presented: July 12, 1989 Passed: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Ll s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING PRELIMINARY PLAT FOR ECHO RIDGE Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 479 RESOLUTION APPROVING PRELIMINARY PLAT FOR ECHO RIDGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Daniel A. Kurowski dated October 30, 1988 and revised May 24, 1989 and June 9, 1989 for Echo Ridge. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE - (457 Fremont Street) Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 480 VOLUME LIV RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE (457 Fremont 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 a two story frame building formerly used as a residence; and WHEREAS, the frame building has been vacant for several years and is in a state of disrepair, is open, littered with various debris and constitutes a fire hazard; and WHEREAS, the structure, in its dilapidated 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 owner of said structure has refused, despite repeated demands, to repair or demolish the structure; and WHEREAS, the owner of said structure has 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 structure located on the property legally described as: The North 1 /2 of the East 5 rods of Lot I of T. Schoonhoven's Addi- tion to Elgin, in the City of Elgin, Kane County, 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 demolishing or repairing 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 11-31-1 of Chap- ter 24 of the Illinois Revised Statutes. s/ George VanDevoorde George VanDevoorde, Mayor VOLUME LIV Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk 481 RESOLUTION ADOPTED DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE (542 Wellington Ave.) Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. nays: None. MIN VOLUME LIV RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE (542 Wellington Avenue) 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 a two story frame building formerly used as a residence; and WHEREAS, the frame building has been vacant for several years, has not been repaired, is littered with various debris and constitutes a fire hazard; and WHEREAS, the structure, in its dilapidated 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 owner of said structure has refused, despite repeated demands, to repair or demolish the structure; and WHEREAS, the owner of said structure has 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 structure located on the property legally described as: That part of Lot 6 of William E. Bent's Addition to Elgin, described as follows: Beginning at a point in the westerly line of an alley I rod wide lying westerly of and adjoining the right of way of the Chicago and North- western Railway Company, 4 rods South of the North East corner of said Lot 6; thence South 2 rods, thence West parallel with the North line of said lot to the easterly line of the right of way of the Elgin and Chicago Railway Company; thence northerly along said easterly right of way line 2 rods to a point opposite the point of beginning; thence East to the point of beginning, in the City of Elgin, Kane County, 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 demolishing or repairing 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 VOLUME LIV 483 structure described above in accordance with the provisions of Section 11-31-1 of Chap- ter 24 of the Illinois Revised Statutes. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING FOR MAINTENANCE THE SANITARY SEWER AND WATERMAIN IMPROVEMENTS IN THE SPRING OAKS SUBDIVISION Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 484 VOLUME LIV RESOLUTION ACCEPTING FOR MAINTENANCE THE SANITARY SEWER AND WATERMAIN IMPROVEMENTS IN THE SPRING OAKS SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the sanitary sewer and watermain improvements in the Spring Oaks Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nay s 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED URGING KANE COUNTY TO PLAN, LOCATE AND ESTABLISH A LANDFILL AND A REGIONAL COMPOST CENTER Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 485 RESOLUTION URGING KANE COUNTY TO PLAN, LOCATE AND ESTABLISH A LANDFILL AND A REGIONAL COMPOST CENTER WHEREAS, the City of Elgin through its Solid Waste Task Force has completed an analysis of alternative approaches to handle the solid waste problems of Elgin; and WHEREAS, regardless of suggested innovative approaches, the residue of the solid waste stream after recycling must be disposed of for the foreseeable future by landfill; and WHEREAS, remaining local area landfill capacity is limited and may be expected to be exhausted in the next several years; and WHEREAS, composting of leaves, grass clippings and other , yard waste to reduce landfill deposits should be approached on an area or regional basis instead of by local communities; and WHEREAS, Kane County has provided the contracting authority in the past and represents the best agency to plan and contract for the future needs of Northern Kane County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby calls upon the members of the Kane County Board of Commissioners to develop a plan and locate and establish a site for landfill operations to serve Northern Kane County including the City of Elgin when the existing facilities close; and BE IT FURTHER RESOLVED that the Kane County Board of Commissioners are urged to establish a site in Northern Kane County for joint deposit of leaves and yard waste prior to May I, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 12, 1989 Adopted: July 12, 1989 Vote: Yeas 7 Nays 0 Recorded: VAttest: s Marie Yearman Marie Yearman, City Clerk 486 VOLUME LIV RESOLUTION TABLED CEDING ALLOCATION OF INDUSTRIAL REVENUE BOND AUTHORITY FOR 1989 Councilman Gilliam made a motion, seconded by Councilwoman Popple to table the aforementioned Resolution for two weeks. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde: Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Hemmens Advisory Board Minutes for May 11, 1989 Elgin Liquor Commission Minutes for June 7, 1989 Cemetery Report for May,1989 Committee of the Whole Minutes for June 14, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDevoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Walters made a motion, seconded by Councilwoman Moylan to adjourn the Council Meeting to go into Executive Session to discuss personnel, land acquisition, and litigation. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. T,hq meeting ladjourned at 9:40 p.m. Marie Yearman, City Clerk VOLUME LIV July 26, 1989 487 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on July 26, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Judith Sherk, and the Pledge of Allegiance was led by the City Clerk. P O T.T. r n T.T. Roll call was answered by Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: Councilman Gilliam. BID AWARDED FOR AERIAL BUCKET LIFT TRUCK Councilwoman Moylan made a motion, seconded by Councilwoman Popple to award this bid as follows: a. To reject the apparent low bid from Bigger's Chevrolet for failing to meet essential bid specifications. b. To award the bid to the low, responsive bidder, Freeway Ford Truck for a total net price of $34,352.00 for an in - stock 1988 Ford. Councilman Fox: In just looking at this, and I will go along with staff recommendation, but for two hundred and some dollars you are talking an 1988 truck and a 1990 truck. I would think that it would be more prudent to get the newer one, but if staff does not think that is important, I will support that. Councilwoman Shales: In looking this over there is very little difference in the two bids and the one is a 1990. Jim Cook: I think staff's feeling has been that they should recommend the low bidder whenever, they are both brand new trucks. Certainly we would not turn down a newer model, but we had no basis for saying that made a difference, because the are unused, brand new trucks under warranty. Councilman Fox: I would think that when it comes time for trade-in value, a 1990 would have a better trade-in value and you would make up that $250.00` down the line. Mike Sarro: This truck will be here 10 or 12 years and I don't think that in the year 2000, when you go to trade that in, there will be a discernible difference, whether it is a 1988 or a 1990, you will have virtually the same kind of mileage. 488 VOLUME LIV One advantage to the 1988, and that is the in -stock unit, and the truck will actually get here three months sooner than the 1990. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION 515-89 REQUESTING FINAL PLAT APPROVAL FOR WESTFIELD BUSINESS PARK PLAT NUMBER 2,PROPERTY LOCATED WEST OF RANDALL ROAD, BY CMD ELGIN ASSOC. RETAINED ON THE TABLE PETITION 47-89 REQUESTING AN AMENDMENT TO ORDINANCE NUMBER G40-89, GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT, PROPERTY LOCATED AT 462-472 NORTH McLEAN BOULEVARD, BY SENTRY CONSTRUCTION, AND McLEAN ENTERPRISES - APPROVED Jim Cook: There have been some questions asked of staff about an issue that was raised in the transcript having to do with sewer problems in the area. The property on Heine is on a sewer that runs from south to north on Heine and drops into a interceptor sewer of the Elgin Sanitary District, that runs then west to Tyler Creek. This property would purpose to be on a sewer that would run from the property south and go into that same sewer going west, but it is not in the Heine Street sewer. Councilman Walters: From what I have seen this is an interesting project, but this is the second go around, there were trade- offs and concessions made the first time, now we are shuffling it back and I don't like that. It is not that it is two additional units. I think that originally when I went into this project, there was an understanding and acceptance of the 14 units and I want to stay at that level. Councilwoman Shales: It is my understanding that the total square footage is less now than it was before. How would the number of people in the 14 units compare with the number in the 16 units. Michael Young, Owner of Sentry Construction: The number of people allowed in the 14 units, you could actually build that up to 1700 square feet, adding a third bedroom, and the two 8 unit buildings, each unit is 1100 square feet, being about 26% less basic density. I feel that instead of more separate people living there, individuals, for traffic on Heine, I feel this would be better off. One person occupacy per each unit instead of a family oriented with two cars. The 16 units is actually less square VOLUME LIV 489 footage overall, taking less land and providing more green acres. Councilwoman Popple: On your site plan you show two extra buildings going with the garages now. Michael Young: We are trying to use the buildings to buffer, we plan to use the garages to buffer the office building and parking lot. We will use berm to buffer the garages from the homes on Heine. Councilwoman Shales: At the Land Use Meeting there were some questions about a homeowners association, have you come to any conclusion on this. Michael Young: Yes, that will be set up on a condominium system. Mayor VanDeVoorde: Would that be required under the PUD arrangement. Roger Dahlstrom: There is a requirement for submission of documentation of a Homeowners Association. Councilwoman Moylan: I am going to support this proposal. I think there is shortage of homes in this price range in the community, and I think there is a significant market for people, empty nesters, young people and single people. I think this will be a nice addition to the neighborhood and a quality place to live. Councilman Walters: There is a need for the housing, a need for two or three bedroom units. Councilwoman Shales: Were the neighbors notified. Roger Dahlstrom: The neighbors were notified by direct mail, following our standard policy, and additionally a sign would be posted on the property, 15 days in advance of the public hearing. Mayor VanDeVoorde: A lot of the objectors were present when the original development was presented. Councilwoman Shales: I had said before that I would not support this, but because the density is less and because the neighborhood was notified, and as long as he is going to produce a quality development, I will support it. Mayor VanDeVoorde: If there is no further discussion, will the Clerk call the roll. Yeas: Councilmen Fox, Moylan, Popple and Shales. Nays: Councilman Walters and Mayor VanDeVoorde. 490 VOLUME LIV PETITION 52-89 REQUESTING AN AMENDMENT TO CHAPTER 19.04 OF THE ELGIN MUNICIPAL CODE TO ADD A DEFINITION FOR AUTOMOBILE SALVAGE YARD AND REQUESTING AN AMEND- MENT TO CHAPTER 19.40 OF THE ELGIN MUNICIPAL CODE TO ADD AUTOMOBILE SALVAGE YARD AS A SPECIAL USE IN THE M-2 GENERAL MANUFACTURING DISTRICT, BY THE CITY OF ELGIN - APPROVED Jim Cook: As you may remember this is the amendment the Council the requested to be considered, which would allow the use of an auto salvage facility, as a special use, after the conditions and so forth, and this sets the minimum conditions of screening, fencing, parking, conducting inside a closed building and other conditions that you have previously reviewed. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to approve Petition 52-89. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor Van DeVoorde. Nays: None. APPLICATION S14-89 REQUESTING PRELIMINARY PLAT AND FINAL PLAT APPROVAL FOR POPLAR CREEK SUB- DIVISION, PROPERTY LOCATED NORTH OF EAST CHICAGO STREET BY PHILIP A. SCILABRA - APPROVED Councilman Walters made a motion, seconded by Councilwoman Popple to approve Application S14-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED ANNEXING CERTAIN TERRITORY (1151 and 1201 Bluff City Blvd. and 825, 885 and 895 Gifford Road) Councilwoman Shales made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Moylan, Popple, Shales and Mayor VanDeVoorde. Nays: Councilmen Fox and Mayor VanDeVoorde. VOLUME LIV 491 Ordinance No. S16-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY (1 151 and 1201 Bluff City Boulevard and 825, 885 and 895 Gifford Road) WHEREAS, the territory described herein is less than sixty acres in size and is wholly bounded by the corporate limits of the City of Elgin; and WHEREAS, notice of the intended passage of an ordinance annexing said territory was published in a newspaper of general circulation within the territory at least ten days prior to the passage of the ordinance; and WHEREAS, notice of the intended annexation has been given to the trustees of all fire protection and library districts which exercise jurisdiction over any portion of the territory to be annexed 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 following described territory be and is hereby annexed to the City of Elgin: That part of the Southeast Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Southeast Quarter; thence South 89 degrees 17 minutes 27 seconds West, along the South line of said Southeast Quarter, a distance of 1175.78 feet to the center line of Gifford Road; thence North 01 degree 31 minutes 00 seconds East, along said center line, a distance of 776.00 feet for the point of beginning; thence South 82 degrees 42 minutes 00 seconds East, a distance of 107.00 feet; thence North 52 degrees 04 minutes 55 seconds East, a distance of 287.38 feet; thence South 87 degrees 34 minutes 00 seconds East, a distance of 462.00 feet; thence South 85 degrees 55 minutes 24 seconds East, along a line to an angle point in Parcel "A" on the northerly line of Frontage Road, according to the plat of dedication of public highway for a freeway recorded as Document. No. 17993034, a distance of 359.51 feet to the East line of said Southeast Quarter of Section 19; thence North 00 degrees 08 minutes 18 seconds West, along said East line, a distance of 500.49 feet to the center line of U.S. Route 20, according to the plat of dedication of public highway for a freeway recorded as Document No. 17976188; thence North 71 degrees 49 minutes 26 seconds West, along said center line, a distance of 592.83 feet; thence Northwesterly, along said center line being along a curve to the right, tangent to the last described course, having a radius of 1397.76 feet, an arc distance of 429.03 feet; thence North 54 degrees 14 minutes 15 seconds West, along said center line, tangent to the last described curve, a distance of 219.25 feet to the center line of afore- said Gifford Road; thence South 01 degree 31 minutes 00 seconds West, along said center line, a distance of 1125.59 feet to the point of beginning. Being situated in Hanover Township, Cook County, Illinois and containing 18.61 acres more or less. 492 VOLUME LIV Section 2. That a certified copy of this ordinance together with an accurate map of the territory annexed shall be filed in the office of the Recorder of Deeds of Cook County within 90 days of the passage of this ordinance. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 26, 1989 Passed: July 26, 1989 Vote: Yeas 4 Nays 2 Recorded: Published: Attest: s/ Marie Y man Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (1151 and 1201 Bluff City Blvd. and 825, 885 and. 895 Gifford Road) Councilwoman Shales made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Fox. VOLUME LIV 493 Ordinance No. G72-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (1 151 and 1201 Bluff City Boue lvard and 825, 885 and 895 Gifford Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the B-4 General Service District Zoning; and WHEREAS after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 1. 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-4 General Service District, the following described property: That part of the Southeast Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Southeast Quarter; thence South 89 degrees 17 minutes 27 seconds West, along the South line of said Southeast Quarter, a distance of 1175.78 feet to the center line of Gifford Road; thence North 01 degree 31 minutes 00 seconds East, along said center line, a distance of 776.00 feet for the point of beginning; thence South 82 degrees 42 minutes 00 seconds East, a distance of 107.00 feet; thence North 52 degrees 04 minutes 55 seconds East, a distance of 287.38 feet; thence South 87 degrees 34 minutes 00 seconds East, a distance of 462.00 feet; thence South 85 degrees 55 minutes 24 seconds East, along a line to an angle point in Parcel "A" on the northerly line of Frontage Road, according to the plat of dedication of public highway for a freeway recorded as Document. No. 17993034, a distance of 359.51 feet to the East line of said Southeast Quarter of Section 19; thence North 00 degrees 08 minutes 18 seconds West, along said East line, a distance of 500.49 feet to the center line of U.S. Route 20, according to the plat of dedication of public highway for a freeway recorded as Document No. 17976188; thence North 71 degrees 49 minutes 26 seconds West, along said center line, a distance of 592.83 feet; thence Northwesterly, along said center line being along a curve to the right, tangent to the last described course, having a radius of 1397.76 feet, an arc distance of 429.03 feet; thence North 54 494 VOLUME LIV degrees 14 minutes 15 seconds West, along said center line, tangent to the last described curve, a distance of 219.25 feet to the center line of afore- said Gifford Road; thence South 01 degree 31 minutes 00 seconds West, along said center line, a distance of 1125.59 feet to the point of beginning. Being situated in Hanover Township, Cook County, Illinois and containing 18.61 acres more or less." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 26, 1989 Passed: July 26, 1989 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s / Marie Yeat'man Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING PAYOUT FROM THE OLD MAIN RESTORATION ESCROW ACCOUNT Councilman Fox made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution, Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 495 RESOLUTION APPROVING PAYOUT FROM THE OLD MAIN RESTORATION ESCROW ACCOUNT WHEREAS, the City of Elgin is the owner of certain real property upon which is a structure commonly known as Old Main; and WHEREAS, the City of Elgin and the Elgin Area Historical Society have entered into an agreement wherein Old Main is to be renovated and occupied by the Historical Society as a historical museum; and WHEREAS, pursuant to said agreement the plans and contract documents of such renovation are subject to the prior approval of the City of Elgin; and WHEREAS, on March 22, 1989 the City of Elgin, the Elgin Area Historical Society and the First National Bank of Elgin (escrowee) entered into an escrow agreement which established the Old Main Restoration Account and authorized the escrowee to make payments from said account on the written direction of the City of Elgin and the Historical Society; and WHEREAS, renovation work has been continuing and application has now been made for the payment of $4,557.54 from the escrow account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the First National Bank of Elgin is authorized and directed to release funds from the Old Main Restoration Acount in the following amounts to the following suppliers: Carswell's $ 100.00 Valley Sanitation of Elgin $ 125.00 Chicago Area Building Specialities $ 484.80 Seigle's $ 2,574.74 P lass $ 1,273.00 per the written direction of the Elgin Area Historical Society dated July 10, 1989, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 26, 1989 Adopted: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: n Marie Yearman, City Clerk 496 VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $47,617.60 June 16-30 refuse charges. U.S. Post Office 5,968.50 Elgin Spirit mailing. Alexander Chemicals 9,980.00 Swimming Pool supplies. Boncosky Oil Co. 6,467.93 Purchase of gasoline. ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Highland Springs) Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV Ordinance No. S15-89 497 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Highland Springs) 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: That part of the Southwest Quarter of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest Corner of the Southwest Quarter of said Section 9; thence South 01 degree 13 minutes 54 seconds West, along the West line of said Southwest Quarter, a distance of 296.64 feet; thence South 80 degrees 35 minutes 13 seconds East, a distance of 778.48 feet to a point, this point hereinafter referred to as Point "A"; thence South 04 degrees 32 minutes 07 seconds West, a distance of 309.80 feet; thence South 84 degrees 17 minutes 12 seconds West, a distance of 205.62 feet for the point of beginning; thence North 84 degrees 17 minutes 12 seconds East, along the last described line, a distance of 205.62 feet; thence North 04 degrees 32 minutes 07 seconds East, along a previously described line, a distance of 309.80 feet to aforesaid Point "A"; thence South 80 degrees 35 minutes 13 seconds East, a distance of 341.84 feet; thence South 80 degrees 41 minutes 22 seconds East, a distance of 251.19 feet; thence South 04 degrees 04 minutes 34 seconds West, a distance of 905.88 feet; thence South 84 degrees 18 minutes 49 seconds West, a distance of 395.64 feet; thence South 21 degrees 16 minutes 30 seconds West, a distance of 362.40 feet to the Southwesterly right of way line of Highland Avenue Road, according to Highland Avenue Estates, being a subdivision of part of Sec- tion 9, Township and Range aforesaid; thence North 47 degrees 40 minutes 41 seconds West, along said Southwesterly right of way line, a distance of 327.51 feet to a line that bears South 01 degree 12 minutes 49 seconds West from the point of beginning; thence North 01 degree 12 minutes 49 seconds 498 VOLUME LIV East, along said line, a distance of 827.42 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois and containing 18.19 acres more or less. Section 2. That a certified copy of this ordinance together with an 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 is passage as provided by law. s/ George VanDeVoorde George VanUeVoorde, mayor Presented: July 26, 1989 Passed: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: kAttest: s Marie Yea`tman Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (Highland Springs) Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 499 Ordinance No. G69-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (Highland Springs) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-4 General Residence District and for a special use for a planned unit development; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 R-4 General Residence District, the following described property: That part of the Southwest Quarter of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest Corner of the Southwest Quarter of said Section 9; thence South 01 degree 13 minutes 54 seconds West, along the West line of said Southwest Quarter, a distance of 296.64 feet; thence South 80 degrees 35 minutes 13 seconds East, a distance of 778.48 feet to a point, this point hereinafter referred to as Point "A"; thence South 04 degrees 32 minutes 07 seconds West, a distance of 309.80 feet; thence South 84 degrees 17 minutes 12 seconds West, a distance of 205.62 feet for the point of beginning; thence North 84 degrees 17 minutes 12 seconds East, along the last described line, a distance of 205.62 feet; thence North 04 degrees 32 minutes 07 seconds East, along a previously described line, a distance of 309.80 feet to aforesaid Point "A"; thence South 80 degrees 35 minutes 13 seconds East, a distance of 341.84 feet; thence South 80 degrees 41 minutes 22 seconds East, a distance of 251.19 feet; thence South 04 degrees 04 minutes 34 seconds West, a distance of 905.88 feet; thence South 84 degrees 18 minutes 49 seconds West, a distance of 395.64 feet; thence South 21 degrees 16 minutes 30 seconds West, a distance of 362.40 feet to the Southwesterly right of way line of Highland Avenue Road, according to Highland Avenue Estates, being a subdivision of part of Section 9, Township and Range aforesaid; thence North 47 degrees 40 500 VOLUME LIV minutes 41 seconds West, along said Southwesterly distance of 327.51 feet to a line that bears South 01 seconds West from the point of beginning; thence minutes 49 seconds East, along said line, a distance point of beginning. Being situated in Elgin Township, and containing 18.19 acres more or less." right of way line, a degree 12 minutes 49 North 01 degree 12 of 827.42 feet to the 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 granting a special use for a planned unit development, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: I. Conformance with the revised annexation agreement. 2. Substantial conformance with the revised P.U.D. site plan. 3. Payment of a school site cash contribution in the amount of $5,802.71. Payment due prior to the final plat approval. Payment may be phased based upon the acreage contained in individual units. 4. Payment of a park site cash contribution in the amount of $31,071.79. Payment due prior to final plat approval. Payment may be phased based upon the acreage contained in individual units. 5. Payment of the developers contribution for future roadway improvements to West Highland Avenue in the amount of $16,186.50. The first installment shall be due prior to approval of the final plat of the first phase of the development. Payment of the second and third installments of the roadway improvement contribution shall be due at one year intervals from the date of the first payment and shall be secured through an irrevocable letter of credit in favor of the city. The amount of the second and third installments shall be based on engineering estimates for design and construction costs, adjusted for the installment term at the city's prevailing borrowing rate at the time of final plat approval for the first phase of the development. 6. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: July 26, 1989 Passed: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Oarie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NO. G70-82 ENTITLED "AN ORDINANCE DESIGNATING AN ENTERPRISE UNDER THE ILLINOIS ENTERPRISE ZONE ACT" Councilman Fox to pass Fox, Moylan, Nays: None. 501 Walters made a motion, seconded by Councilman the aforementioned Ordinance. Yeas: Councilmen Popple, Shales, Walters and Mayor VanDeVoorde. 502 VOLUME LIV Ordinance No. G71-89 AN ORDINANCE AMENDING ORDINANCE NO. G70-82 ENTITLED "AN ORDINANCE DESIGNATING AN ENTERPRISE ZONE UNDER THE ILLINOIS ENTERPRISE ZONE ACT" WHEREAS, Ordinance No. G70-82, passed on December 22, 1982, designated a contiguous area within the City of Elgin as an enterprise zone under the Illinois Enter- prise Zone Act; and WHEREAS, it is proposed that certain territory be added which is hereafter described and located in the City of Elgin, which is contiguous to said enterprise zone, will not result in a zone which is more than 10 square miles in total area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That it hereby finds and determines that the territory described in Section 2 of the ordinance is contiguous to the enterprise zone designated by Ordinance No. G70-82, passed December 22, 1982, and will not result in a zone which is more than 10 square miles in area. Section 2. That Section 2 of Ordinance No. G70-82, passed December 22, 1982, is amended to add the following territory to the enterprise zone designated in said ordi- nance: Subarea A That part of the Southwest Quarter of Section 13 and the Northwest (quarter of Section 24, Township 41 North, Range 8, East of the Third Principal Meridian described as follows: Beginning at the point of inter- section of the right-of-way centerline of Prairie Street with the right-of- way centerline of Villa Street; thence Southeasterly along said Villa Street centerline to the intersection with the right-of-way centerline of National Street; thence Southwesterly along said National Street centerline to the intersection with the right-of-way centerline of Raymond Street; thence Southeasterly along said Raymond Street centerline to the intersection with the right-of-way centerline of Watch Street; thence Southwesterly along said Watch Street centerline to the intersection with the right-of- way centerline of Wellington Avenue; thence Northwesterly along said Wellington Avenue centerline to the intersection with the right-of-way centerline of Prairie Street; thence Easterly along said Prairie Street centerline to the place of beginning. Being situated in the City of Elgin, Elgin Township, Kane County, Illinois. Subarea B That part of the Northeast Quarter of Section 14, Township 41 North, Range 8, East of the Third Principal Meridian described as follows: Beginning at the point of intersection of the right-of-way centerline of Highland Avenue with the East bank of the Fox River; thence North- westerly along said East bank of the Fox River to the intersection with the VOLUME LIV right-of-way centerline of Kimball Street; thence Southwesterly along said Kimball Street centerline of the intersection with the right-of-way center- line of State Street, Illinois Route 31; thence continuing in a Southwesterly direction along the right-of-way centerline of Lawrence Avenue to the point of intersection with the right-of-way centerline of Crystal Avenue; thence Southeasterly along said Crystal Avenue centerline to the inter- section with the right-of-way centerline of Highland Avenue; thence Northeasterly along said Highland Avenue centerline to the place of beginning. Being situated in the City of Elgin, Elgin Township, Kane County, Illinois. 503 Section 3. That the City Manager is hereby authorized and directed to cause to be prepared and filed an application with the Illinois Department of Community Affairs to add the territory described in Section 2 to the enterprise zone designated by Ordi- nance No. G70-82, passed December 22, 1982, and previously certified by the Depart- ment. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 26, 1989 Passed: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 504 VOLUME LIV Ordinance No. G70-89 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of stop intersections under Sec- tion 1 1.32.030 the following: Lyle Avenue. All vehicles being operated on Lyle Avenue must stop at Valley Creek Drive before crossing or entering the some. Valley Creek Drive. All vehicles being operated on Valley Creek Drive must stop at Lyle Avenue before crossing or entering the same. 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 pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 26, 1989 Passed: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: MArigm- Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN Councilman Walters made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV Ordinance No. G73-89 AN ORDINANCE AMENDING THE PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 505 Section I. That Ordinance No. G94-88 entitled "An Ordinance Establishing a Pay Plan for Certain Appointed Officers and Employees of the City of Elgin" is hereby amended as follows: That the position title Public Works Assistant Superintendent be and is hereby added to Section I, as follows: Benefit Range Group Position 39 C Public Works Assistant Superintendent 1 II III IV V 2602 2715 2832 2954 3082 Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 26, 1989 Passed: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: At est: s.f MarieYe man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR RADIO COMMUNICATION EQUIPMENT Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 506 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR RADIO COMMUNICATIONS EQUIPMENT 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 totalling $29,752.00 on behalf of the City of Elgin of Motorola Communica- tions and Electronics, Inc. for radio communications equipment, a copy of which is attached hereto and made a part hereof by reference. s Geor George VGnDeVoorde, Mayor Presented: July 26, 1989 Adopted: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye�man Marie Yearman, City Clerk RESOLUTION ADOPTED AMENDING A RESOLUTION CHANGING THE NAME OF LOVELL ROAD TO SHALES PARKWAY Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 507 RESOLUTION AMENDING A RESOLUTION CHANGING THE NAME OF LOVELL ROAD TO SHALES PARKWAY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the public street known as Lovell Road from U.S. Route 20 (Villa Street) to Illinois Route 58 (Summit Street) be and the same is hereby redesignated and renamed Shales Parkway. BE IT FURTHER RESOLVED that all City signs and maps shall be altered to read Shales Parkway at the aforesaid places. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to give written notice to the election authorities having jurisdiction in the area in which the street name is hereby changed and to the post office branch serving that area by certified or registered mail. BE IT FURTHER RESOLVED that the resolution shall be in effect thirty days after notice is given to the election authorities and the post office as provided herein. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 26, 1989 Adopted: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT(Highland Springs) Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 508 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Highland Springs) 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 26, 1989 Adopted: July 26, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: 0_1 J s/ Marie aran Marie Yearman, City Clerk VOLUME LIV REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for April, 1989 Building Permit Report for June, 1989 Board of Health Minutes for April 10, 1989 Greater Downtown Elgin Commission Minutes for May 4, 1989 Greater Downtown Elgin Commission Minutes for June 1, 1989 Heritage Commission Minutes for June 12, 1989 Land Use Committee Minutes for June 5, 1989 Land Use Committee Minutes for June 19, 1989 Planning Committee Minutes for June 21, 1989 Planning Committee Minutes for July 5, 1989 Water Department Report for June, 1989 Disbursement Report for June, 1989 Budget Summary for July 12, 1989 509 Councilman Fox made a motion, seconded by Councilwoman Popple to place the above reports on file as read. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Moylan made a motion, seconded by Councilman Fox to adjourn the Council Meeting and resume the Executive Session. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 8:25 p.m. Marie Yearma , City Clerk VOLUME LIV August 14, 1989 510 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT RESCHEDULED MEETING A rescheduled meeting of the Council of the City of Elgin, Illinois, was held on August 14, 1989 at 8:05 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend George Schiffmayer, and the Pledge of Allegiance was led by Jim Cook. ROLL CALL Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE JULY 12, AND JULY 26, 1989 COUNCIL MEETINGS APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Fox to approve the July 12, and July 26, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Harold Pinales, 39A Creekside Circle: Mr. Pinales stated he was before the Council representing the following Condominium Associations: Century Oaks West, Spring Cove, Spring Oaks, Waverly Commons and Tyler Bluff, relative to the garbage and refuse collection policy adopted by the City on December 13, 1986. Mr. Pinales stated the subject policy was unfair and discriminatory, and they were requesting that the City furnish garbage and collection service. Mayor VanDeVoorde stated this was not a new ordinance and that this policy had been adopted by the City many years ago. Mr. Cook stated that when the developers come to the City with this type of development, there are many trade-offs made, which are required by the developer of single family residences. Mr. Cook further stated that services for police, fire, and garbage collection costs exceed the amount the City receives from real estate taxes. Mayor VanDeVoorde asked the Council members for comments, or if anyone felt the policy should be changed and there was no response. 511 VOLUME LIV BID AWARDED FOR ELEVATED WATER STORAGE TANK Councilwoman Moylan made a motion, seconded by Councilwoman Shales to award this bid to the low responsive bidder, CBI NaCon, Inc., in the amount of $1,288,000. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR RESURFACING AND STREET IMPROVEMENTS FOR GRACE/BENT STREETS Councilwoman Shales made a motion, seconded by Councilman Gilliam to award this bid to the low bidder, Allied Asphalt Paving Company, in the amount of $597,995.18. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR HEMMENS WATER LEAK REPAIRS Councilman Walters made a motion, seconded by Councilwoman Moylan to award Bid Alternate A to Berquist and Zimmerman, in the amount of $68,200.40. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR BODE ROAD CULVERT Councilwoman Popple made a motion, seconded by Councilman Fox to award this bid to Bergquist and Zimmerman, in the amount of $23,277.50. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR APPRAISAL SERVICES FOR MICHIGAN STREET DEVELOPMENT PROJECT Councilman Walters made a motion, seconded by Councilman Gilliam to award this bid to the low bidder, Neil K. Steffens, for the total amount of $7,000.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR COPY MACHINES Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid as follows: To Ambassador Office Equipment for a total amount of $25,650.00 for two Canon copy machines, for Fire Station #1 and the Engineering Department. To Aurora Office Equipment for a total amount of $4,178.00, for one Ricoh copy machine for the Riverside Water Treatment Plant. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV BID AWARDED FOR RE -ROOFING MUNICIPAL RTIT i.nTN!_C 512 Councilman Fox made a motion, seconded by Councilman Gilliam to award this bid as follows: To singles Roofing Company for a total amount of $11,783.00 for re -roofing the two Drake Field buildings with asphalt shingles. To Elgin Roofing Company for a total amount of $88,676.00 for re -roofing the Public Works and Engineering buildings with the EPDM rubberized roofing materials. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, and Mayor VanDeVoorde. Nays: None. Abstained: Councilman Walters. BID AWARDED FOR GAS RANGES AND WATER HEATERS FOR THE ELGIN HOUSING AUTHORITY Councilman Gilliam made a motion, seconded by Councilman Fox to award this bid as follows: To Plass Applicances for a total net amount of $35,035.00 for 130 gas ranges. To Sears Contract Sales for a total amount of $29,690.00 for 95 gas hot water heaters. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 515-89 REQUESTING FINAL PLAT APPROVAL FOR WESTFIELD BUSINESS PARK PLAT NUMBER 2,PRO- PERTY LOCATED WEST OF RANDALL ROAD BY CMD ELGIN ASSOCIATES - RETAINED ON TABLE PETITION 55-89 REQUESTING A VARIATION OF SECTION 19.45.070(E) OF THE ELGIN MUNICIPAL CODE,PURSUANT TO SECTION 19.45.370(D) OF THE ELGIN MUNICIPAL CODE TO PERMIT AN INCREASE IN THE PERMITTED NUMBER OF SIGNS, PROPERTY LOCATED AT 1045 EAST CHICAGO STREET - APPROVED Councilwoman Popple made a motion, seconded by Councilwoman Moylan to approve Petition 55-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 513 VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Bell & Gustus $ 8,841.60 Traffic Signal Controller. Boncosku Oil Co. 6,044.35 Purchase of gasoline. Visu-Sewer Clean 12,419.12 Sewer Televising Program. Wehling Well Works 11,322.00 Drilling Test Holes at Spartan Meadows Well Project. Layne -Western Co. 17,001.50 Repairs to Deep Well 2A at Airlite Street. Councilman Gilliam made a motion, seconded by Councilwoman Moylan to approve payment to the above vendors. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO REAL ESTATE CONTRACT WITH WOODRUFF & EDWARDS, INC. Councilman Fox made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde., Nays: None. VOLUME LIV 514 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO REAL ESTATE CONTRACT WITH WOODRUFF & EDWARDS, INC. 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 an Amendment to Real Estate Contract on behalf of the City of Elgin with Woodruff & Edwards, Inc. for 119 N. State Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: lAttest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING THE ISSUANCE OF VOUCHER NUMBER 3 OF MAPLE STREET WATER - MAIN SPECIAL ASSESSMENT OF THE CITY OF ELGIN Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 515 VOLUME LIV RESOLUTION AUTHORIZING THE ISSUANCE OF VOUCHER NUMBER 3 OF MAPLE STREET WATERMAIN SPECIAL ASSESSMENT OF THE CITY OF ELGIN WHEREAS, Gluth Bros. Construction, Inc. has submitted a final invoice in the amount of $5,935.83 to the City for work completed on the Maple Street watermain extension, a copy of said invoice being attached hereto and made a part hereof. WHEREAS, the issuance of the following described voucher has been previously approved by the Board of Local Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section I. That the Mayor and Clerk of said City are hereby and herewith authorized to sign and issue the following voucher in the following amount for Maple Street Watermain Special Assessment of the City of Elgin. Voucher No. 3 in the amount of $5,935.83 to Gluth Bros. Construc- tion, Inc. for work on the Maple Street watermain extension. Copy of said voucher being attached hereto and made a part hereof. Section 2. That the Attorney for the City and the Mayor and Clerk are hereby authorized and directed to deliver the voucher to the payee upon said voucher being signed by the Mayor and Clerk for this City. s/ George VanDevoorde George VanDevoorde, Mayor Presented: August 14, 1989 Passed: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: N..)dV•.t-� s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED (Standards -- Meeting -- Notice) Councilwoman Moylan made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV Ordinance No. G74-89 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED (Standards--Meeting--Notice) WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the sale of alcoholic liquor is a matter pertaining to 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 Section 6.06.090 entitled "Issuance Limitations" of Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "D. No license shall be issued unless the application meets the following standards: I. The business is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and 2. The license will not cause substantial injury to the value of other property in the neighborhood in which it is located; and 3. The licensee meets the requirements of then current city codes; including but not limited to Title 9, 'Health & Safety;' Title 16, 'Building and Construction;' and Title 19,'Zoning.' E. No license shall be issued except after a public meeting before the liquor commission pursuant to Section 6.06.095. F. The Issuance Limitations set forth above in subsections (D) and (E) shall not apply to Class G, I or K licenses." Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 116.06.095 Application--Meeting--Notice. A. Prior to issuance of any new license after August I, 1989 a public meeting shall be held by the commission to determine if the issuance limitations set forth in Section 6.06.090 are met. At this meeting the applicant, city officials and/or the general public may present evidence and testimony. 517 VOLUME LIV B. Notice of this meeting shall be given by posting of sign as provided herein. The applicant shall be responsible for posting a sign on the premises proposed to be licensed informing the general public of the upcoming public hearing. The required sign shall be obtained from the city for use by the petitioner and shall contain the following information: I. The words "NOTICE OF PUBLIC MEETING FOR THIS PROPERTY RE: ISSUANCE OF LIQUOR LICENSE" 2. Statement that the meeting is open to the general public. 3. Statement that further information pertaining to the application may be obtained from the city clerk. 4. Telephone number of the city clerk. C. The sign shall be posted on the subject property at a location oriented to and readable from the nearest adjacent roadway. However, where a parcel abuts two or more roadways additional such signs, one oriented to and readable from each abutting roadway, are required. Such signs must be constructed of materials which will withstand existing area weather conditions (i.e. wood) with all required lettering a minimum of three inches in height. The notification signs must be posted not less than fifteen days prior to nor removed not more than ten days following the scheduled public meeting. D. The applicant shall post a fifty dollar bond per sign with the liquor commission for use of the required signs. Said bond shall be refunded to the applicant upon return of the sign within ten days following the conclusion fo the meeting for which the sign was posted. In the event that the sign is not returned to the city within ten days of the completion of the scheduled hearing for which the sign was posted, the fifty dollar bond shall be forfeited with the fee applying to the cost of replacement of such sign. E. The liquor commission may establish reasonable rules and regulations governing the posting of notification and the conduct of the meeting." Section 3. That Section 6.06.040(B) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "No new Class AA license shall be issued to any establishment after August I, 1989. Any Class AA license existing on August I, 1989 which is not revoked may be renewed annually as provided herein. Provided, such existing licenses shall terminate, expire and cease to exist as they are revoked or not renewed or the business is sold." Section 4. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. VOLUME LIV 518 Section 5. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Passed: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie �earm`an Marie Yearman, City Clerk RESOLUTION ADOPTED CHANGING THE NAME OF A PORTION OF VALLEY CREEK DRIVE TO CLEARWATER DRIVE Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 519 VOLUME LIV RESOLUTION CHANGING THE NAME OF A PORTION OF VALLEY CREEK DRIVE TO CLEARWATER DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the public street known as Valley Creek Drive from Royal Boulevard northwesterly to Lyle Avenue be and the same is hereby redesignated and renamed Clearwater Drive. BE IT FURTHER RESOLVED that all City signs and maps shall be altered to read Clearwater Drive at the aforesaid places. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to give written notice to the election authorities having. jurisdiction in the area in which the street name is hereby changed and to the post ofice branch serving that area by certified or registered mail. BE IT FURTHER RESOLVED that the resolution shall be in effect thirty days after notice is given to the election authorities and the post office as provided herein. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilwoman Moylan made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 520 Ordinance No. G75-89 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of stop intersections under Sec- tion 1 1.32.030 the following: Clearwater Drive. All vehicles being operated on Clearwater Drive must stop at Lyle Avenue before crossing or entering the some. Clearwater Drive. All vehicles being operated on Clearwater Drive must stop at Royal Boulevard before crossing or entering the same. 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 pamphlet form by authority of the City Council. S / George VAnnPVnnrdP_ George VanDeVoorde, Mayor Presented: August 14, 1989 Passed: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Y arman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH THE EAGLES CLUB Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 521 VOLUME LIV RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH THE EAGLES CLUB WHEREAS, the Eagles Club, a nonprofit corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 the Eagles Club for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: I s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTD APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH TRI-ON CONSTRUCTION COMPANY FOR THE LOVELL/WILCOX SUBDIVISION RESURFACING Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 522 RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH TRI-ON CONSTRUCTION CO., INC. FOR THE LOVELL/WILCOX SUBDIVISION RESURFACING WHEREAS, the City of Elgin has heretofore entered into a contract with Tri-On Construction Co., Inc, for the Lovell/Wilcox Subdivision Resurfacing; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. I, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, be and is hereby authorized and directed to execute Change Order No. I in the amount of $66,208.67, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s Marie Yearman Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO EASEMENT AGREEMENT FOR PUBLIC UTILITIES Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 523 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO EASEMENT AGREEMENT FOR PUBLIC UTILITIES (Country Trails Subdivision) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an Amendment to Easement Agreement with Commonwealth Edison Company for installation and maintenance of necessary under- ground utilities, in, under and across Parcel Nos. 36 and 36W-1 of Grantor's Joliet - Crystal Lake Right -of -Way in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, Cook County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Amendment to Easement Agreement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ Georae VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays p Recorded: Attest: L. Marie Y�arman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITIES Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 524 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITIES (Country Trails Subdivision) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement with Commonwealth Edison Company for installation and maintenance of necessary underground utilities, in, under and across Parcel Nos. 36 and 36W-1 of Grantor's Joliet -Crystal Lake Right -of -Way in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, Cook County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Agreement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie rearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENT AGREEMENT WITH THE FOREST PRESERVE OF KANE COUNTY Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 525 VOLUME LIV 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 directed to execute an intergovernmental agreement on behalf of the City of Elgin with the Forest Preserve District of Kane County for the construction of a bicycle -hiking path, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George an e oorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Uct,t -A-A--) s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING APPLICATION TO NATIONAL PARKS SERVICE Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV I.1PX41 RESOLUTION AUTHORIZING APPLICATION TO NATIONAL PARKS SERVICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor is hereby authorized to make application to the National Parks Service through the Rivers and Trails Planning Assistance Program for development of a river corridor plan. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF ALLIED ASPHALT PAVING COMPANY FOR NORTH GROVE AVENUE IMPROVEMENTS Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 527 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF ALLIED ASPHALT PAVING COMPANY FOR NORTH GROVE AVENUE IMPROVEMENTS 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 Allied Asphalt Paving Company for resurfacing, curb and gutter on North Grove Avenue between Highland Avenue and Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Adopted: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Teeple Subdivision) Councilwoman Moylan made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 528 Ordinance No. S17-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Teeple Subdivision) 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: Teeple's Subdivision, being a subdivision of part of the Northwest Quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian, in Dundee Township, Kane County, Illinois, excepting therefrom that part lying West of the East right of way line of Randall Road; also That part of the Northwest Quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Northwest Quarter; thence North 01 degree 52 minutes 53 seconds East, along the West line of said North West Quarter, a distance of 888.16 feet for the point of beginning; thence South 88 degrees 15 minutes 29 seconds East, along the Northerly line as monumented of Teeple's Subdivision and the Easterly extension thereof, a distance of 467.60 feet; thence North 01 degree 52 minutes 53 seconds East, parallel with the said West line of the Northwest Quarter, a distance of 466.69 feet; thence North 88 degrees 15 minutes 29 seconds West, parallel with the said Northerly line as monumented of Teeple's Subdivision, a distance of 467.60 feet to the said West line of the North- west Quarter; thence South 01 degree 52 minutes 53 seconds West, along said West line, a distance of 466.69 feet to the point of beginning; excepting therefrom that part lying West of the East right of way line of Randall Road and that part lying Westerly of the Easterly line of Illinois Toll Highway Commission Parcel No. N-4D-57.2. Being situated in Dundee Township, Kane County, Illinois, and containing 6.21 acres more or less. 529 VOLUME LIV Section 2. That a certified copy of this ordinance together with an 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 is passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14 1989 Passed: August 4, 1989 Vote: Yeas 7 Noys 0 Recorded: Published: Attest: s/ Marie L earman Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (THRUN PARCEL) Councilwoman Moylan made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 530 Ordinance No. S 18-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Thrun Parcel) 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: The South 300.00 feet of the East 475.00 feet of the Northwest Quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian, being situated in Dundee Township, Kane County, Illinois and containing 3.27 acres more or less. Section 2. That a certified copy of this ordinance together with an 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 is passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor 531 VOLUME LIV Presented: August 14, 1989 Passed: August 14, 1989 Vote: Yeas 7 Nays p Recorded: Published: Attest: LLCX-X -.t sL) s/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED CALSSIFYING CERTAIN NEWLY ANNEXED TERRITORY TO THE CITY OF ELGIN (Teeple Subdivision) (Thurn Parcel) Councilwoman Moylan made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 532 Ordinance No. G76-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Teeple Subdivision/Thrun Parcel) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the M-2 General Manufacturing District; and WHEREAS, after due notice in the manner provided by low the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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 same 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 M-2 General Manufacturing District, the following described property: Teeple's Subdivision, being a subdivision of part of the Northwest Quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian, in Dundee Township, Kane County, Illinois, excepting therefrom that part lying West of the East right of way line of Randall Road; also That part of the Northwest Quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Northwest Quarter; thence North 01 degree 52 minutes 53 seconds East, along the West line of said North West Quarter, a distance of 888.16 feet for the point of beginning; thence South 88 degrees 15 minutes 29 seconds East, along the Northerly line as monumented of Teeple's Subdivision and the Easterly extension thereof, a distance of 467.60 feet; thence North 01 degree 52 minutes 53 seconds East, parallel with the said West line of the Northwest Quarter, a distance of 466.69 feet; thence North 88 degrees 15 minutes 29 seconds West, parallel with the said Northerly line as monumented of Teeple's Subdivision, a distance of 467.60 feet to the said West line of the North- west Quarter; thence South 01 degree 52 minutes 53 seconds West, along said West line, a distance of 466.69 feet to the point of beginning of Randall Road and that part lying Westerly of the Easterly line of Illinois 533 VOLUME LIV Toll Highway Commission Parcel No. N-4D-57.2. Being situated in Dundee Township, Kane County, Illinois, and containing 6.21 acres more or less. The South 300.00 feet of the East 475.00 feet of the Northwest Quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian, being situated in Dundee Township, Kane County, Illinois and containing 3.27 acres more or less." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1989 Passed: August 14, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: LLL-9� s/ Marie Yearman Marie Yearman, City Clerk VOLUME LIV 534 REPORTS RECEIVED AND ORDERED PLACED ON FILE Building Permit Report for July, 1989 Cemetery Report for June, 1989 Transportation Report for June, 1989 Elgin Metropolitan Exposition Auditorium, etc. Minutes for May 8, 1989 Committee of the Whole Minutes for June 28, 1989 Committee of the Whole Minutes for July 12, 1989 Committee of the Whole Minutes for July 26, 1989 Elgin Liquor Commission Minutes for July 15, 1989 Disbursement Report for July, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Lou Talley, 604 Jay Street: Mr. Talley complained about a tree in the City Parkway that was causing a leak in her waterline. Mrs. Talley also complained of the attitude of a public works employee when called upon to resolve her problem. Mr. Cook stated he would look into the problem and get back to Mrs. Talley. Dan Harris, 946 North Spring Street: Mr. Harris asked if the subject of the Dundee Avenue Business Plan had been discussed. Mayor VanDeVoorde stated this matter was discussed in the Committee of the Whole Meeting and staff was directed to proceed with the development. ANNOUNCEMENTS Mayor VanDeVoorde made announcements of forthcoming meetings. 535 ADJOURNMENT VOLUME LIV Councilwoman Shales made a motion, seconded by Councilwoman Popple to adjourn the Council Meeting to return to the Committee of the Whole Meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 8:30 p.m. Marie Yearma , City Clerk VOLUME LIV August 23, 1989 536 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 August 23, 1989 at 8:05 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Harold Ross, and the Pledge of Allegiance was led by Councilwoman Moylan. ROLL CALL Roll call was answered by Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: Councilman Gilliam. MINUTES OF THE AUGUST 14, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilwoman Popple to approve the August 14, 1989 Council Minutes as published. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED EXPRESSING APPRECIATION AND COMMENDATION TO PARTICIPANTS IN THE TARGET STRATEGY AREA BEAUTIFICATION PROJECT Gordon Burkart, Superintendent of the Bureau of Inspection Services, and Sallie Burns, Supervisor of the KDK Project, presented each participant with a Plaque expressing the City's appreciation for their efforts in the summer beautification project. The Mayor and Council congratulated the participants, Sallie Burns and Gordon Burkart for a job well done. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 537 VOLUME LIV RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO PARTICIPANTS IN THE TARGET STRATEGY AREA BEAUTIFICATION PROJECT WHEREAS, the City of Elgin has undertaken to clean up and beautify various areas of the City; and WHEREAS, there was developed the Target Strategy Area Beautification Project which sought to clean up and beautify certain portions of Summit Street, Bode Road, Chicago Street, Highland Avenue, Watch Court, Illinois Court, Norman Nelson Court, Clifford Court, Times Square, Big Timber Road, State Street north of City Hall to Big Timber Road, and the railroad right of way within the City of Elgin; and WHEREAS, the Project included such tasks as brush removal, clearing of debris, graffiti removal, cleaning of abandoned houses and buildings, along with other similar work; and WHEREAS, this Project was performed by twelve area youths, ages 14 to 20, in cooperation with KDK and Walter Blalork and supervised by Sallie Burns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses appreciation and commendation to Walter Blalark and Sallie Burns, and the following persons whose efforts on the Target Strategy Area Beautification Project have improved and beautified the City of Elgin. Roderick Ash Terrance Blalark Theodore Bobo Curtis Bryant Marcus Carlisle Andre Dodd Michael Douglas Shondel Johnson Cedrick Sanders Fredrick Simmons Roger Simmons Maurice Truesdell BE IT FURTHER RESOLVED that the people of the City of Elgin are grateful for the efforts of these persons in improving the neighborhoods of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Adopted: August 23, 1909- Vote: Yeas 6 Nays 0 Recorded: Attest: Marie Yea kan Marie Yearman, City Clerk VOLUME LIV 538 RESOLUTION ADOPTED EXPRESSING APPRECIATION TO DAVID C. AND NANCY L. COOK FOR THEIR DONATION Councilman Walters made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 539 VOLUME LIV RESOLUTION EXPRESSING APPRECIATION TO DAVID C. AND NANCY L. COOK FOR THEIR DONATION WHEREAS, David C. and Nancy L. Cook have donated to the City of Elgin all the rights, title and interest in a boat house constructed by same person; and WHEREAS, David C. and Nancy L. Cook have donated all rights, title and interest in a wooden pier extending from the boat house into the Fox River; and WHEREAS, the building and the pier are located on property situated adjacent to the Fox River and Slade Avenue and legally described as follows: Commencing at a point on the Northerly line of Slade Avenue extended to where it intersects with the existing Easterly river bank of the Fox River; thence Northerly along said river bank to the Southernmost edge of the paved Boat Launch Roadway; thence East to Westerly line of the existing roadway; thence Southerly to the point of beginning. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to David C. and Nancy L. Cook for their generous gift to the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Adopted: August 23, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s Marie Yea man Marie Yearman, City Clerk VOLUME LIV 540 PETITION S15-89 REQUESTING FINAL PLAT APPROVAL FOR WESTFIELDBUSINESS PARK PLAT NUMBER 2 PRO- PERTY LOCATED WEST OF RANDALL ROAD BY CMD ELGIN ASSOCIATES - RETAINED ON TABLE PETITION 57-89 REQUESTING A REZONING FROM R-4 GENERAL RESIDENCE DISTRICT TO B-3 SERVICE BUSINESS DISTRICT, PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTH McLEAN BOULEVARD AND ABBOTT DRIVE --- TABLED At the request of the Petitioner, Councilwoman Moylan made a motion, seconded by Councilman Walters to table Petition 57-89 for two weeks. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION C2-89 REQUESTING FINAL PLAT APPROVAL FOR NOBLE MANORS SUBDIVISION - UNIT 2, PROPERTY LOCATED IN UNINCORPORATED KANE COUNTY, WEST OF WATER ROAD --- APPROVED Councilman Walters made a motion, seconded by Councilwoman Popple to approve Application C2-89, subject to conformance with the Final Plat prepared by Alan J. Coulson, dated July 6, 1989. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: none. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT WITH McLEAN ENTERPRISES AND SENTRY CONSTRUCTION, INC. (462-472 North McLean Boulevard) Councilwoman Shales made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple and Shales. Nays: Councilman Walters and Mayor VanDeVoorde. 541 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT WITH McLEAN ENTERPRISES AND SENTRY CONSTRUCTION, INC. (462-472 North McLean Boulevard) WHEREAS, the owners of certain property commonly known as 462-472 North McLean Boulevard have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to the Annexation Agreement with McLean Enterprises, a partnership, and Sentry Construction, Inc. is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, are hereby authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to Annexation Agreement with McLean Enterprises, a partnership, and Sentry Construction, Inc., o copy of which is attached hereto. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Adopted: August 23, 1989 Vote: Yeas 4 Nays 2 Recorded: Attest: s/ Marie YE!aiman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NO. G40-87 GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOP- MENT AT 462-472 NORTH McLEAN BOULEVARD Councilman Fox made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales and Walters. Nays: Mayor VanDeVoorde. VOLUME LIV 542 Ordinance No. S19-89 AN ORDINANCE AMENDING ORDINANCE NO. G40-87 GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT AT 462-472 NORTH Mc LEAN BOULEVARD WHEREAS, written application has been made to amend Ordinance No. G40-87 entitled, "An Ordinance Classifying Certain Newly Annexed Territory and Granting a Special Use for a Planned Unit Development" by increasing the number of residential un its from 14 to l 6; and WHEREAS, the Land Use Committee has conducted a public hearing following notice by publication as required by law and has submitted its written findings and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Elgin Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 3 of Ordinance No. G40-83 be and is hereby amended to read as follows: "Section 3. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a planned unit development, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: I. Revisions to the P.U.D. Site Plan prepared by Dahlquist and Lutzow, dated April 14, 1989, per the Bureau of Inspection Services, Engineering Division and Planning Department. 2. Substantial conformance to the revised P.U.D. Site Plan. 3. Compliance with the terms and conditions of the agreement annexing the subject property and the first amendment to the annexation agreement. 4. School site cash contribution in the amount of $601.13. Payment due prior to City Council approval of an ordinance granting a special use for a planned unit development. 5. Park site cash contribution in the amount of $3,659.46. Payment due prior to City Council approval of an ordinance granting a special use for a planned unit development. 6. Submission and approval of Homeowners' Association documents providing for private ownership and maintenance of common areas and improvements. 7. Compliance with all other applicable codes and ordinances." 543 VOLUME LIV Section 2. That all parts of Ordinance No. G40-87 in conflict with this ordinance are repealed. Section 3. That, except as amended herein, Ordinance No. G40-87 remains in full force and effect. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Passed: August 23, 1989 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: sl Marie YeaYman Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL GRAPHICS DISTRICT (1045 East Chicago Street) Councilwoman Popple made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 544 Ordinance No. G77-89 AN ORDINANCE GRANTING A SPECIAL GRAPHICS DISTRICT (1045 East Chicago Street) WHEREAS, written application has been made for a variation of the community graphics ordinance to permit the establishment of a special graphics district at 1045 East Chicago Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a variation of the community graphics ordinance to permit the establishment of a special graphics district at 1045 East Chicago Street, Elgin, Illinois, legally described as follows: PARCEL 1: THAT PART OF LOT 8 OF THE PLAT OF COUNTY CLERK S SUBDIVISION OF UNSUBDIVIDED LOTS IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 8 WITH THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 19; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 19, A DISTANCE OF 671.0 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 150.0 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 18 AS AFORESAID, A DISTANCE OF 150.0 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 19, A DISTANCE OF 150.0 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 150.0 FEET TO THE POINT OF BEGINNING, BEING SITUATED IN THE CITY OF ELGIN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF SECTIONS 18 AND 19, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY DEED RECORDED MARCH 30, 1965 AS DOCUMENT NO. 19420433 IN COOK COUNTY, ILLINOIS; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE EXTENDED EASTERLY OF THE SOUTHWEST QUARTER OF SAID 545 VOLUME LIV SECTION 18, A DISTANCE OF 59.52 FEET; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 65 DEGREES 42 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 2.34 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG AN EXTENSION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 559.33 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE EXTENDED EASTERLY'OF THE SOUTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 228.0 FEET; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE EXTENDED SOUTHERLY OF A PARCEL OF LAND CONVEYED BY DOCUMENT NO. 19420433 AS AFORESAID, A DISTANCE OF 492.35 FEET; THENCE WESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 90 DEGREES 04 MINUTES 23 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 477.48 FEET TO THE PLACE OF BEGINNING. BEING SITUATED IN THE CIY OF ELGIN, COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY DEED RECORDED MARCH 30, 1965, AS DOCUMENT NO. 19420433 IN COOK COUNTY, ILLINOIS; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE EXTENDED EASTERLY OF THE SOUTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 59.52 FEET; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 65 DEGREES 42 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 561.67 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE EXTENDED EASTERLY OF THE SOUTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 228.0 FEET; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE EXENDED SOUTHERLY OF A PARCEL OF LAND CONVEYED BY DOCUMENT NO. 19420433 AS AFORESAID, A DISTANCE OF 492.35 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG AN EXTENSION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 377.80 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 19; THENCE NORTHWESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT (THE CHORD OF SAID CURVE FORMS AN ANGLE OF 68 DEGREES 51 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE), A DISTANCE OF 194.65 FEET; THENCE NORTHWESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 383.35 FEET TO THE EASTERLY LINE OF A PARCEL OF LAND CONVEYED BY DOCUMENT NO. 19420433 AS AFORESAID; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, A DISTANCE OF 590.0 FEET TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED BY DOCUMENT NO. 19420433; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE EXTENDED EASTERLY OF THE SOUTHWEST QUARTER OF SECTION 18 AS AFORESAID, A DISTANCE OF 59.52 FEET; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 65 DEGREES 42 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 2.34 FEET; THENCE EASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 63 DEGREES 33 MINUTES 53 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 477.48 FEET TO THE PLACE OF BEGINNING, BEING SITUATED IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS (SAID PROPERTY IS COMMONLY KNOWN AS 1045 EAST CHICAGO STREET). VOLUME LIV 546 be and is hereby granted subject to the following conditions: 1. Conformance with the Graphic Elevation prepared by White Way Sign Company, dated April 11, 1989. 2. Conformance with the Petitioner's Statement prepared by White Way Sign Company, dated June 28, 1989. 3. Subject property shall be limited to two freestanding signs. 4. No temporary signs shall be permitted on the property. S. Conformance with all other applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Passed: August 23, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: L�r� Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE LIST OF SPECIAL USES IN THE M-2 GENERAL MANUFACTURING DISTRICT TO INCLUDE AUTOMOBILE SALVAGE YARDS Councilwoman Popple made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 547 VOLUME LIV Ordinance No. G78-89 AN ORDINANCE AMENDING THE LIST OF SPECIAL USES IN THE M-2 GENERAL MANUFACTURING DISTRICT TO INCLUDE AUTOMOBILE SALVAGE YARDS WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to permit automobile salvage yards as a special use in the M-2 General Manufacturing District; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 19.04.068 of Chapter 19.04 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 1119.04.068 Automobile salvage yard. "Automobile Salvage Yard" means any area of land where automobiles and other motorized vehicles are stored, crushed and/or dismantled for scrap. All operations involving the dismantling and crushing of vehicles shall be conducted from within an enclosed structure, and all outside storage shall be screened by a solid eight foot fence. The outside storage of vehicles and scrap shall not be visible from other properties in the vicinity of the automobile salvage yard. Except as otherwise provided, storage yards and off-street parking lots associated with automobile storage yards shall be improved in accordance with Chapter 19.44 of the Elgin Municipal Code." Section 2. That Section 19.40.020 of Chapter 19.40 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "19.40.020 Special uses. In the M-2 district, special uses shall be as follows: I. Any special use allowed in the M-1 district, except such as are permitted uses in the M-2 district; 2. Automobile salvage yards." VOLUME LIV 548 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Passed: August 23, 1989 Vote: Yeas 6 Nays p Recorded: Published: Attest: c/ MariP Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilwoman Popple made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 549 VOLUME LIV Ordinance No. G79-89 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 11.60 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 1 1.60.050P the following: Bluff City Boulevard. Bluff City Boulevard, both sides thereof, from 1000 feet west of U.S. Route 20 and extending west for 1490 feet. 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 pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Passed: August 23, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ILLINOIS BELL TELEPHONE COMPANY Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 550 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ILLINOIS BELL TELEPHONE 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 Contract for Enhanced 9-1-1 on behalf of the City of Elgin with the Illinois Bell Telephone Company for the E-911 telephone system, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Adopted: August 23, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING FOR MAINTENANCE THE SANITARY SEWER AND WATERMAIN IMPROVEMENTS IN TYLER CREEK PLAZA UNIT II Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 551 VOLUME LIV RESOLUTION ACCEPTING FOR MAINTENANCE THE SANITARY SEWER AND WATERMAIN IMPROVEMENTS IN TYLER CREEK PLAZA, UNIT II BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the sanitary sewer and watermain improvements in Tyler Creek Plaza, Unit II. s/ Georae VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Adopted: August 23, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: gj Maria Y rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 Councilwoman Popple made a motion, seconded by Councilwoman Shales to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 552 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with School District U-46 for the operation of a School Officer Liaison Program for the 1989 - 1990 school year, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 23, 1989 Adopted: August 23, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s Marie Yearman Marie Yearman, City Clerk 553 VOLUME LIV REPORTS RECEIVED AND ORDERED PLACED ON FILE AS PUBLISHED Sales Tax Report for May, 1989. Water Department Report for July, 1989. Public Works Report for June, 1989. Public Works Report for July, 1989. Greater Downtown Elgin Commission Minutes for July 11, 1989. Elgin Heritage Commission Minutes for August 14, 1989. Councilman Fox made a motion, seconded by Councilwoman Popple to place the above reports on file as published. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoode made announcement of forthcoming meetings. ADJOURNMENT Councilman Walters made a motion, seconded by Councilman Fox to adjourn the Council Meeting to go into Executive Session to discuss personnel, litigation, and land acquisition. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 8:15 p.m. kA Marie Yearm , City Clerk VOLUME LIV September 13, 1989 554 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 September 13, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Robert Linstrom, and the Pledge of Allegiance was led by Councilwoman Popple. unr.r. r AT.r. Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE AUGUST 23, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilwoman Popple to approve the August 23, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Claude Hamlin highlighted his visit to Elgin, Scotland, which has a population of approximately 80,000. Reverend Linstrom presented slides which reflected the architecture of the homes and the Church of Scotland, the country roads, all of which are nestled in the Scotland Highlands. Charles West presented the Mayor and Council with the Moray District Coat of Arms. The Mayor and Council expressed their appreciation. BID AWARDED FOR COUNTRY KNOLL SOUTH STORM SEWER Councilwoman Moylan made a motion, seconded by Councilman Walters to award this bid to the low bidder, Gluth Brothers Construction, in the amount of $204,919.50. Mayor VanDeVoorde asked when this project might be completed. Mel Dahl stated it is scheduled for completion this year. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 555 VOLUME LIV BID AWARDED FOR THERMOPLASTIC PAVEMENT MARKING - 1989 Councilman Walters made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, A.C. Pavement Striping Co., in the amount of $24,419.71. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR JAIL MODIFICATIONS Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to the low bidder Accurate Screening Media, for a total amount of $15,989.60. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR COPPER TUBING Councilwoman Shales made a motion, seconded by Councilman Fox to award this bid to the low bidder, Milwaukee Lead Works, for a total net amount of $13,279.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR TWO END LOADERS Councilman Walters made a motion, seconded by Councilwoman Popple as follows: To reject the apparent low bid from S.E.S., Inc. for failing to meet essential bid specifications. To award this bid to the low, responsive bidder, West Side Tractor Sales, for a total net amount of $131,800.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PUBLIC WORKS SANITATION TRUCK Councilwoman Moylan made a motion, seconded by Councilwoman Shales as follows: To award the 50,000# GVW truck chassis to Northwest Fort Truck Center for a total amount of $39,654.00. To award the 25 cubic yard refuse packer body to Bruce Municipal Equipment for a total amount of $28,470.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 556 BID AWARDED FOR DEMOLITION OF TRAVIS MEDICAL CENTER Councilwoman Popple made a motion, seconded by Councilwoman Shales to award this bid to the low bidder, Robinette Demolition, for a total amount of $18,954.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REJECTION OF BIDS FOR RIVERSIDE TREATMENT PLANT BASIN PAINTING Councilman Fox made a motion, seconded by Councilwoman Popple to reject bids for the Riverside Treatment Plan basin painting, and to re -bid this project next Spring. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION S15-89 REQUESTING FINAL PLAT APPROVAL FOR WESTFIELD BUSINESS PARK PLAT NUMBER 2 - PROPERTY LOCATED WEST OF RANDALL ROAD BY CMD ELGIN ASSOCIATES - RETAINED ON TABLE PETITION 57-89 REQUESTING A REZONING FROM R-4 GENERAL RESIDENCE DISTRICT TO B-3 SERVICE BUSINESS DISTRICT, PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTH McLEAN BOULEVARD AND ABBOTT DRIVE BY ADELINE GETZELMAN AND MIDWEST EQUITIES - APPROVED Councilwoman Shales made a motion, seconded by Councilwoman Moylan to remove Petition 57-89 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Councilwoman Shales made a motion, seconded by Councilman Fox to approve Petition 57-89, subject to the Land Use Committee conditions. Mayor VanDeVoorde: I have a problem with the grade and the view to the south and I would like to hear how that is to be corrected. Jay Javors, Midwest Equities, 135 S. LaSalle St., Chicago, Ill.: Presently at the corner this grade here is approximately eight feet higher than the McLean elevation and the Abbott Drive elevation, which creates a severe blind spot here. Our plan is to make the entire property level with the street 557 VOLUME LIV elevation on McLean and Abbott. Councilman Fox: When you raise the backside grade what does that do to the residences. Mr. Javors: This part of the property will remain the same. This whole portion of the property, except for here, is all level with McLean. We will have some gradular sloping down here and while we were required only a twenty foot setback, we have put a fifty to sixty foot setback so that it can be sloped down and landscaped. Mayor VanDeVoorde: What about the water drain off. Mr. Javors: On the property we intend to have three catch basins in the parking lot to pickup the storm water coming in on the property, with a major storm sewer here and here. The storm water from the roof will have an interior drain system so when the water hits here it will be picked up by interior drains and put in the underground drains. Councilman Walters: One problem I had is if we let one parcel like that go are you automatically signaling the entire change of that whole block. I am very satisfied with the response that was gotten regarding the restriction of the property to the south, but I did'nt want one swoop where we change this property and see the rest of it as we have seen other parts of McLean. So I am glad to see a restriction put into this. Councilwoman Popple: I have been troubled by this project, not because of its quality, its the location of the project. It seems to me we are putting another use on that road that is already over -utilized. The hill is not really the problem, its trying to turn left from either one of those shopping areas a little bit further north. If there were a traffic light at Abbott I think I would consider it, but between the heavy traffic there is there now, and a double set of railroad tracks, and what we have done north of there, I just cannot support anything else that just over taxes that roadway, until we see some sort of an improvement. I will be voting against the project for those reasonsand the fact I think this is intrusive into the residential area. Councilwoman Moylan: I also will be voting against the project. None of the roads line up with each other. Abbott does not line up with the street across the street that goes into the subdivision. We are within a couple hundred cars of the capacity of McLean, and the hope of getting Lyle through is not going to happen soon. As much as your project is quality, the traffic is practically in a good lock from the curve on McLean, north to Forest and it would add 2,000 new turns and stops, and I just can't support it. VOLUME LIV Mayor VanDeVoorde: If there is the Clerk call the roll. 558 no further discussion, will Yeas: Councilmen Fox, Gilliam, Shales, Walters and Mayor VanDeVoorde. Nays: Councilmen Moylan and Popple. PETITION 24-89 REQUESTING A REZONING FROM R--2 SINGLE FAMILY RESIDENCE DISTRICT TO R-3 TWO FAMILY RESIDENCE DISTRICT, PROPERTY located at 717 LINDEN AVENUE BY DAVID STOLL DENIED Jim Cook: We have received a letter from the Petitioner asking for withdrawal of the Petition. Council is free to honor or not honor that request as you see fit. Councilman Fox: There has been a consternation in the neighborhood about this particular property for several years. I personally would like to put it on the table and vote on it, so I am going to make a motion just to get it on the table. I am going to make a positive motion to approve this petition. Councilwoman Popple: Second. Councilman Walters: I will be voting no on this matter, which I think has been brought to this body, its gone through the hearings, and I don't think it is fair to the neighbors to have to go through this matter again in the very near future, which could certainly happen with a simple withdrawal. I will definitely vote no on this matter and I do want to see this ejected so that it cannot be brought to this body immediately thereafter. Councilman Fox: I made it a positive motion because it gets confusing when vote. I am going to vote no because I don't want it brought back. I don't want the neighbors to have to be concerned about this property. Mayor VanDeVoode: If there is no further discussion will the Clerk call the roll. Yeas: None. Nays: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. 559 VOLUME LIV PETITION 60-89 REQUESTING AN AMENDMENT TO SECTION 19.04.480 OF THE ELGIN MUNICIPAL CODE TO PROVIDE FOR CERTAIN MINIMUM DESIGN STANDARDS FOR OPEN SALES LOTS, AN AMENDMENT TO SECTION 19.06.070 (A) OF THE ELGIN MUNI- CIPAL CODE TO PROHIBIT OPEN SALES LOTS AS AN ACCESSORY USE, AND AN AMENDMENT TO SECTION 19.32.020 OF THE ELGIN MUNICIPAL CODE TO REMOVE "MOTOR VEHICLE, SALES" FROM THE LIST OF PERMITTED USES IN THE B-3 SERVICE BUSINESS DISTRICT -- APPROVED Councilwoman Moylan made a motion, seconded by Councilman Fox to approve Petition 60-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $111,462.50 7/1-8/16/89 refuse charges. Medical Plastics Lab 5,148.71 Training supplies for Fire Dept. Institute for Forensic Psychology. 5,175.00 Police testing. D.H. Martin 12,081.29 Purchase of gasoline. Knowles Electronics 5,600.00 Right of Way purchase for Big Timber Road. James E. and Pamela S. Knowles 4,900.00 Right of Way purcahse for Big Timber Road. Councilwoman Shales made a motion, seconded by Councilwoman Popple to approve payment to the aforementioned vendors. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE A PORTION OF STATE ROUTES 19 AND 58 FOR ANNUAL PARADE (Elgin High School) The City Clerk informed the Council Elgin High School will not be holding their homecoming on September 15, 1989 as planned. Therefore this resolution will not be necessary at this time. VOLUME LIV 560 Councilwoman Moylan made a motion, seconded by Councilwoman Popple to delete the aforementioned Resol-ution from the Consent Agenda. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EMPLOYMENT CONTRACT WITH LARRY RICE FOR PERSONAL SERVICES AS CITY MANAGER Councilman Fox made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 561 VOLUME LIV RESOLUTION AUTHORIZING EMPLOYMENT CONTRACT WITH LARRY RICE FOR PERSONAL SERVICES AS CITY MANAGER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and City Clerk, respectively, are authorized and directed to execute, on behalf of the City of Elgin, an employment contract with Larry Rice for personal services as City Manager, a copy of which is attached hereto as Exhibit A. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 13, 1989 Adopted: September 13, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: 5_/ Mar; P y arman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF REDEVELOPMENT AGREEMENT WITH CAPITAL VENTURES DEVELOPMENT CORPORATION Councilman Fox made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 562 RESOLUTION AUTHORIZING EXECUTION OF REDEVELOPMENT AGREEMENT WITH CAPITAL VENTURES DEVELOPMENT CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and City Clerk are hereby respectively authorized and directed to execute a redevelopment agreement, a copy of which is attached as Exhibit A, on behalf of the City of Elgin with Capital Ventures Development Corporation. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 13, 1989 Adopted: September 13, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 18.28 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "REQUIRED IMPROVEMENTS" Councilman Fox made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 563 VOLUME LIV Ordinance No. G80-89 AN ORDINANCE AMENDING CHAPTER 18.28 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "REQUIRED IMPROVEMENTS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 18.28, Section 18.28.030E of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "E. The minimum size required for water distribution mains shall be eight inches. In cul-de-sacs of less than 600 feet in length, a six-inch main can be authorized. In cul-de-sacs greater than 600 feet, a minimum eight - inch main will be required. In water main replacement projects, size of feeder main will be taken into account for sizing purposes." 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 from and after its passage and publication form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 13, 1989 Passed: September 13, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CLARK DIETZ, INC. FOR PROFESSIONAL ENGINEERING SERVICES ON THE SLADE AVENUE FACILITIES Councilman Fox made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 564 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CLARK DIETZ, INC. FOR PROFESSIONAL ENGINEERING SERVICES ON THE SLADE AVENUE FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Clark Dietz, Inc. (called "CDI") for professional engineering services on the Slade Avenue Facilities, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 13, 1989 Adopted: September 13, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: q/ Marie Yearman Marie Yearman, City Clerk RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Fox made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 565 VOLUME LIV RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Frank Menola be and is hereby appointed as a member of the Parks and Recreation Board for a term to expire May 1, 1990. BE IT FURTHER RESOLVED that Joan Rich be and is hereby reappointed as a member of the Planning Committee for a term to expire July I, 1992. BE IT FURTHER RESOLVED that Mark Schuster be and is hereby reappointed as a member of the Land Use Committee for a term to expire July I, 1992. BE IT FURTHER RESOLVED that Wilbur Smith be and is hereby appointed as a member of the Development Corporation. BE IT FURTHER RESOLVED that Don Westphal be and is hereby appointed as a member of the Human Relations Commission for a term to expire May I, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 13, 1989 Adopted: September 13, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ arie Yearman Marie Yearman, City Clerk VOLUME LIV 566 REPORTS RECEIVED AND ORDERED PLACED ON FILE AS PUBLISHED Water Dept. Report for August, 1989 Cemetery Report for June, 1989 Transportation Report for July, 1989 Hemmens Advisory Board Minutes for June 8, 1989 Board of Local Improvements Minutes for August 14, 1989 Land Use Committee Minutes for July 10, 1989 Planning Committee Minutes for July 10, 1989 Land Use Committee Minutes for July 24, 1989 Land Use Committee Minutes for August 7, 1989 Committee of the Whole Minutes for August 14, 1989 Committee of the Whole Minutes for August 23, 1989 August disbursement report Councilman Gilliam made a motion, seconded by Councilman Fox to place the above report on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Councilman Fox: I would like to ask a question of the City Manager for a point of clarification. We have read a lot in the newspapers regarding our negotiator, Mr. Clark, and I would just like Mr. Cook to define his role and how long we have had him here. Jim Cook: Mr. Clark has been working with us since this matter went to mediation, he has been to four or five meetings at this point in time. At a point in time in which a negotiation goes into mediation there is a great more involved legal process involved in dealing with meadiators and dealing with the process than with normal negotiations. Mr. Clark has worked with us in past mediations with the Police, and Fire Departments this past year, and has been a very effective representative for us in those negotiations. ANNOUNCEMENTS Mayor VanDeVoorde made announcement of forthcoming meetings. 567 ADJOURNMENT VOLUME LIV Councilwoman Popple made a motion, seconded by Councilman Fox to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 8:35 p.m. Marie Yearman, City Clerk VOLUME LIV September 27, 1989 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 September 27, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Eugene Carter, and the Pledge of Allegiance was led by Councilwoman Shales. DnT T rAT_T. Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE SEPTEMBER 13, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilwoman Shales to approve the September 13, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Presentation by the Spiritual Assembly of the Baha'is of Elgin. Mayor VanDeVoorde asked if there was anyone present to address this presentation and there was no response. RESOLUTION ADOPTED EXPRESSING APPRECIATION AND COMMENDATION TO JAMES HALLOCK FOR SERVICE TO THE CITY OF ELGIN AS A MEMBER OF THE LAND USE COMMISSION Councilwoman Shales made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 569 VOLUME LIV RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO JAMES HALLOCK FOR SERVICE TO THE CITY OF ELGIN AS A MEMBER OF THE LAND USE COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, on behalf of itself and the people of the City of Elgin hereby expresses its appreciation and commendation to James Hallock for services rendered to our community as a member of the Land Use Committee. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: �Attest: s / Marie Yrman Marie Yearman, City Clerk RESOLUTION ADOPTED EXPRESSING APPRECIATION AND COMMENDATION TO EDWARD SCHOCK FOR SERVICE TO THE CITY OF ELGIN AS A MEMBER OF THE LAND USE COMMISSION Councilwoman Shales made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 570 RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO EDWARD SCHOCK FOR SERVICE TO THE CITY OF ELGIN AS A MEMBER OF THE LAND USE COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, on behalf of itself and the people of the City of Elgin hereby expresses its appreciation and commendation to Edward Schack for services rendered to our community as a member of the Land Use Committee. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: :,/ Marie Yea an - Marie Yearman, City Clerk RESOLUTION ADOPTED EXPRESSING APPRECIATION TO THE SAFETY KLEEN CORPORATION Councilwoman Moylan made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 571 VOLUME LIV RESOLUTION EXPRESSING APPRECIATION TO THE SAFETY KLEEN CORPORATION WHEREAS, the Elgin Police Department, as a result of acquiring a vehicle for both mobile command and tactical incident response, found that the unit was in need of certain repairs and repainting before it could be operationally deployed; and WHEREAS, an agreement was reached between Mr. Dick Knippschild, Safety Kleen Fleet Manager, and the Elgin Police Department that involved the completion of repairs and the total repainting of this unit in the Safety Kleen Corporation's fleet maintenance facility; and WHEREAS, this effort was undertaken by Safety Kleen Corporation as a civic assistance project, thus resulting in the savings of considerable expense; and WHEREAS, this positive civic gesture of cooperation resulted in making the unit operationally available today should its services be required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to the Safety Kleen Corpora- tion for its civic mindedness and contribution to the overall efficiency of the City of Elgin's emergency response capability. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s Marie Ye man Marie Yearman, City Clerk VOLUME LIV BID AWARDED FOR INSURANCE 572 Councilman Fox: I move that we accept the proposal from R.C. Hanchette and Associates, for $691,043, and in addition to accept the renewal quotation of $20,000 for Worker's Compensation, and also to take the excess liability coverage in the amount of $112,043. Councilwoman Popple: Second. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR TOWING SERVICES Councilman Gilliam: I make a motion to award this bid to Ohm's Car Care. Councilwoman Moylan: Second. Mr. Bucaro, Bucaro Auto Wreckers, 751 N. State: I would like to know the reasons why we were not awarded the second part of the bid. Jim Cook: Inasmuch as the City presently has legal action underway questioning the validity of any crushing operation at the 751 N. State site, there is no way that the City could award a bid for you to provide a service to the City at that site. The bids were equal, but we have to award it to somebody who is going to operate within the boundaries of our law, and the bid that you made was for a site which we cannot agree to. Until the Courts settle that lawsuit our attorneys have advised us that we cannot accept that as a site. Inasmuch as our legal position is that crushing at that site is not possible legally, we cannot turn around and contract to have you do it. Mrs. Bucaro: Can you postpone awarding this until the City settles this dispute with the crusher. Jim Cook: This is for the period from October lst through September 30th, we can't stop the service. If the matter gets settled you will be able to bid next year, but we can't leave the junk cars out on the street. 573 VOLUME LIV Mrs. Bucaro: We get the junk cars now anyway. Jim Cook: But you won't, Ohm's was acting illegally, having them come to you, because within the terms of their contract they can only take it somewhere where it is a legal operation, and as long as yours is cited illegal, they cannot take it to you, or have you pick it up for them. Mayor VanDeVoorde: If there is no further discussion, will the Clerk call the roll. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR WATER TREATMENT CHEMICALS Councilwoman Popple: I move that we recommend the contract in a three-part motion as listed in the memorandum dated September 20, 1989, to the low bidders, and postponing the award of Item 1, powdered activated carbon, until further analysis is done. Councilwoman Shales: Second. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR WELL ABANDONMENT Councilwoman Moylan made a motion, seconded by Councilwoman Popple to award this bid to Layne -Western for $55,054. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION S15-89 REQUESTING FINAL PLAT APPROVAL FOR WESTFIELD BUSINESS PARK PLAT NUMBER 2 - PROPERTY LOCATED WEST OF RANDALL ROAD BY CMD ELGIN ASSOCIATES —RETAINED ON TABLE VOLUME LIV 574 PETITION 48-89 REQUESTING AN AMENDMENT TO ORDINANCE NO. G83-88 GRANTING A SPECIAL USE FOR A NURSING HOME, PROPERTY LOCATED AT 1950 LARKING AVENUE BY SHERMAN HOSPITAL - APPROVED Councilwoman Popple made a motion, seconded by Councilman Walters to approve Petition 48-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 65-89 REQUESTING A REZONING FROM O LIMITED OFFICE DISTRICT TO R-4 GENERAL RESIDENCE DISTRICT, PROPERTY LOCATED AT 313 LILAC LANE ----- APPROVED Councilman Fox made a motion, seconded by Councilwoman Popple to approve Petition 65-89, subject to the Land Use Committee recommendations. Councilwoman Popple: This would be just voting on the rezoning, not any variances. Mayor VanDeVoorde: That is correct, the variance would not come to this Body. One thing in the transcript that was discussed was a sidewalk, has there been any further discussion on that. Roger Dahlstrom: It was not a condition for approval, however, if the Council wishes, the staff may make a note to be aware to look for that in the site plan submitted for development of the property. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 67-89 REQUESTING A REZONING FROM B-1 COMMUNITY BUSINESS DISTRICT TO R-2 SINGLE FAMILY RESIDENCE DISTRICT, PROPERTY LOCATED AT 664 SHERMAN AVENUE -- APPROVED Councilman Walters made a motion, seconded by Councilman Fox to approve Petition 67-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED RECLASSIFYING PROPERTY AT 951 NORTH McLEAN BOULEVARD Councilman Fox made a motion, seconded by Councilwoman Shales to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwomen Moylan and Popple. 575 VOLUME LIV Ordinance No. G81-89 AN ORDINANCE RECLASSIFYING PROPERTY AT 951 NORTH McLEAN BOULEVARD WHEREAS, written application has been made to reclassify certain property located at 951 North McLean Boulevard from R-4 General Residence District to B-3 Service Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 excluding from the R-4 General Residence District and including in the B-3 Service Business District, the following described property: That part of the Northwest Quarter of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest Corner of Country Aire Subdivision Unit No. 5, being a subdivision of part of the North Half of said Section 10, said beginning being on the South Line of Abbott Drive, according to Elgin Industrial Park, being a subdivision of part of the North Half of said Sec- tion 10, and on the West Line of Adeline Avenue, according to said Country Aire Subdivision Unit No. 5; thence South 06 degrees 22 minutes 41 seconds West, along said West Line of Adeline Avenue, a distance of 304.30 feet to the Northeast Corner of Lot 15 of Country Aire Subdivision Unit No. 3, being a subdivision of part of the aforesaid Northwest Quarter of Sec- tion 10; thence North 83 degrees 46 minutes 58 seconds West, along the Northerly Line of said Lot 15, a distance of 146.76 feet to the Northwest Corner of said Lot 15; thence South 02 degrees 38 minutes 34 seconds West, along the Westerly line of said Lot 15, a distance of 2.44 feet to the North- east Corner of Lot 7 of Country Aire Subdivision Unit No. 2, being a sub- division of part of the aforesaid Northwest Quarter of Section 10; thence West, along the Northerly Line of and the Westerly extension of said Lot 7, a distance of 164.91 feet to the Northwest Corner of said Country Aire Subdivision Unit No. 2; thence North 00 degrees 39 minutes 10 seconds East, along the Northerly extension of the Westerly Line of said Country Aire Subdivision Unit No. 2, a distance of 327.06 feet to the Southwest Corner of aforesaid Elgin Industrial Park, also being the Westerly extension of aforesaid Abbott Drive; thence South 83 degrees 37 minutes 41 seconds VOLUME LIV 576 East, along the aforesaid South Line of Abbott Drive, a distance of 343.12 feet to the point of beginning, being situated in the City of Elgin, Kane County, Illinois and containing 2.33 acres more or less." said rezoning being subject to the following conditions: I. Limit direct access from the subject property onto North McLean Boulevard to one (1) point of access, the location of which is subject to approval by the Engineering Department. 2. Limit direct access from the subject property onto Abbott Drive to one point of access, to be aligned with the existing access to property located at 1480 Abbott Drive. 3. Compliance with all other applicable codes and ordinances. Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Passed: September 27, 1989 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED DECLARING MORATORIUM UPON ISSUE OF SIGN PERMITS Councilman Fox made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 611FA VOLUME LIV = RESOLUTION DECLARING MORATORIUM UPON ISSUE OF SIGN PERMITS WHEREAS, the City of Elgin has heretofore entered into a contract for the review of and comprehensive revision of the zoning ordinance; and WHEREAS, a draft of a comprehensive amendment to the zoning ordinance has been completed and is being reviewed by the city's planning committee; and WHEREAS, the zoning ordinance includes a chapter regulating signs; and WHEREAS, recent annexation of territory including major roadways may result in the filing of applications for permits for off -premise signs which may not comply with the amended zoning ordinance relating to signs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: I. That it finds and determines that it is in the public interest and necessary for the protection of health, safety and welfare that no further off -premise sign permits be issued while the proposed comprehensive amendment to the zoning ordinance is being considered. 2. That no applications for off -premise signs shall be accepted and no permits for off -premise signs shall issue until the earlier occurrence of either the passage of an amendment ordinance or March 30, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PROVIDING FOR THE ISSUANCE OF $2,500,000 GENERAL OBLIGATION BONDS, SERIES 1989-A OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilwoman Popple made a motion, seconded by Councilwoman Moylan to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 578 ORDINANCE NUMBER T2-89 AN ORDINANCE providing for the issuance of $2,500,000 General Obligation Bonds, Series 1989-A, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Preambles WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "City"), has a population in excess of 25,000 and, therefore, is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois, and may exercise any power or perform any function pertaining to its government and affairs including, but not lim- ited to, the power to tax and to incur debt; and WHEREAS, pursuant to the provisions of said Article VII, Section 6, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within forty (40) years from the time it is incurred without prior referendum approval; and WHEREAS, the City has heretofore designated a certain portion of the City as a "redevelopment project area" known as the Dundee/Summit Area A Redevelopment Project Area (the "Area") in accordance with the provisions of I11. Rev. Stat. (1987), ch. 24, §11-74.4-1 et seq., as amended and supplemented (the "Act"); and 579 VOLUME LIV WHEREAS, the City has approved a redevelopment plan (the "Plan") and redevelopment project (the "Project") for the Area and held the necessary public hearings required by the Act; and WHEREAS, the City Council (the "City Council") of the City has heretofore and it hereby is determined that it is in the best interests of the City that certain real property identified in that Redevelopment Agreement dated June 30, 1989, and between the City and Capital Ventures Development Corporation (the "Developer"), together with any improvements thereon, be acquired by the City (together, the "1989 Land Acquisition Project"), which real property is located within the Area; and WHEREAS, the City intends to acquire the site and convey the same to the Developer for redevelopment in accordance with the Plan and Project; and WHEREAS, the 1989 Land Acquisition Project constitutes a "redevelopment project cost" under the Act; and WHEREAS, the interest on and principal of such full faith and credit general obligation bonds to be issued in said principal amount may be paid from the taxes levied herein, from funds derived from general or other revenues of the City, from certain incremental revenues derived from the Area, or from the proceeds of bonds or other notes: NOW, THEREFORE, Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, in the exer- cise of its home rule powers, as follows: -2- = VOLUME LIV 580 Section 1. Definitions. The following words and terms used in this Ordinance shall have the following meanings unless the context or use clearly indicates another or different meaning is intended: "Act" means Ill. Rev. Stat. (1987), ch. 24, S11-74.4-1 et seq., as amended and supplemented. "Area" means the Dundee/Summit Area A Redevelopment Project Area as described more fully in Exhibit A attached hereto and heretofore established by the City Council of the City in accord with the provisions of the Act. "Bond" or "Bonds" means one or more, as applicable, of the $2,500,000 General Obligation Bonds, Series 1989-A, au- thorized to be issued by this Ordinance. "Bond Fund" means the Bond Fund established in Section 12 of this Ordinance. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond Registrar" means American National Bank and Trust Company of Chicago, Chicago, Illinois, a national banking association, duly authorized to do business as a bond registrar with the powers and duties as herein set forth, or a successor thereto or a successor designated as Bond Registrar hereunder. "City" means the City of Elgin, Kane and Cook Counties, Illinois. -3- 581 VOLUME LIV = I "City Council" means the City Council of the City. "City Officer" means the Mayor, City Clerk, or City Treasurer of the City. "City Treasurer" means the Finance Director of the City. "Code" means the Internal Revenue Code of 1986. "Full Faith and Credit Taxes" means the unlimited ad valorem taxes levied by and under this Ordinance on all of the taxable property in the City, sufficient to pay when due all principal of and interest on the Bonds. "Fund" means the Dundee/Summit Area A Special Tax Allocation Fund, which is a special tax allocation fund for the Project Area established pursuant to Section 11-74.4-8 of the Act and created by ordinances heretofore adopted by the City Council of the City, as continued and further described by Section 13 of this Ordinance. "Incremental Property Taxes" means the ad valorem taxes, if any, arising from the tax levies upon taxable real property in the Area by any and all taxing districts or municipal corporations having the power to tax real property in the Area, which taxes are attributable to the increase in the then current equalized assessed valuation of each taxable lot, block, tract or parcel of real property in the Area over and above the "initial equalized assessed value" of each such piece of property, all as determined by the County Clerk of The County of Kane, Illinois, in accord with Section 11-74.4-9 of the Act. -4- VOLUME LIV Taxes. 582 "Incremental Taxes" means the Incremental Property "Ordinance" means this ordinance as originally adopted and as the same may from time to time be amended or supplemented in accordance with the terms hereof. "Paying Agent" means American National Bank and Trust Company of Chicago, Chicago, Illinois, a national banking association, duly authorized to do business as a paying agent with the powers and duties as herein set forth, or a successor thereto or a successor designated as Paying Agent hereunder. "Redevelopment Plan" means the comprehensive redevelop- ment program of the City for the Area heretofore approved by the City Council of the City. "1989 Land Acquisition Project" means the redevelop- ment project described and defined as such in the preambles to this Ordinance. Section 2. Incorporation of Preambles. The City Coun- cil hereby finds that all of the recitals contained in the pre- ambles to this Ordinance are true, correct and complete and does incorporate them into this Ordinance by this reference. Section 3. Determination To Issue Bonds. It is neces- sary and in the best interests of the City to provide for the payment of costs of the 1989 Land Acquisition Project. Section 4. Bond Details. For the purpose of providing for the payment of costs of the 1989 Land Acquisition Project, -5- 583 VOLUME LIV and for the payment of the costs of all expenses incidental thereto, as aforesaid, the Bonds shall be issued in the principal amount of $2,500,000. The Bonds shall each be designated "General Obligation Bond, Series 1989-A"; be initially dated October 1, 1989; and shall also bear the date of authentication thereof. The Bonds shall be in fully registered form, shall be in denominations of $5,000 or integral multiples thereof, shall be numbered 1 and upward, shall become due and payable on October 1 of the year and, in the amounts (subject to the hereinafter stated right of prior redemption), and shall bear interest per annum as follows: Year of Principal Rate of Maturity Amount ($) Interest (�) 1990 65,000 6.70 1991 70,000 6.80 1992 75,000 6.90 1993 80,000 6.95 1994 80,000 6.95 1995 85,000 6.95 1996 95,000 6.95 1997 100,000 6.95 1998 105,000 6.95 1999 115,000 6.95 2000 120,000 6.95 2001 130,000 6.95 2002 135,000 6.95 2003 145,000 6.95 2004 155,000 6.95 2005 165,000 7.05 2006 175,000 7.15 2007 190,000 7.20 2008 200,000 7.25 2009 215,000 7.30 mc VOLUME LIV 584 The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on April 1 and October 1 of each year, commencing on April 1, 1990, as hereinabove provided. Interest on each Bond shall be paid by check or draft of the Paying Agent to the person in whose name such Bond is registered at the close of business on the 15th day of the month next preceding the interest payment date. The prin- cipal of and premium (if any) on the Bonds shall be payable in lawful money of the United States of America at the principal corporate trust office of the Paying Agent in the City of Chicago, Illinois, or at successor Paying Agent and locality. Section 5. Execution; Authentication. The Bonds shall be executed,on behalf of the City by the manual or duly autho- rized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the City. In case any City Officer whose signature shall appear on any Bond shall cease to be such City Officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such City Officer had remained in office until delivery. -7- 585 VOLUME LIV All Bonds shall have thereon a certificate of authenti- cation, substantially in the form hereinafter set forth, duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any secu- rity or benefit under this Ordinance unless and until such certi- ficate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of au- thentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordi- nance. The certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 6. Registration of Bonds; Persons Treated as Owners. The City shall cause books (the "Bond Register") for the registration and for the transfer of the Bonds as provided in this Ordinance to be kept at the principal corporate trust office of the Bond Registrar, which is hereby constituted and appointed the registrar of the City. The City is authorized to prepare, and the Bond Registrar or such other agent as the City may desig- nate shall keep custody of, multiple bond blanks executed by the City for use in -the transfer and exchange of Bonds. VOLUME LIV 586 Upon surrender for transfer of any Bond at the prin- cipal corporate trust office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Bond Registrar and duly executed by, the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity of authorized denomination(s) for a like aggregate prin- cipal amount. Any fully registered Bond or Bonds may be exchanged at said office of the Bond Registrar for a like aggregate principal amount of Bond or Bonds of the same maturity of other authorized denomination(s). The execution by the City of any fully regis- tered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to au- thenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such maturity less the amount of such Bonds which has been paid. The Bond Registrar shall not be required to transfer or exchange any Bond during the period of five days next preceding mailing of a notice of redemption of any Bond or to transfer or exchange any Bond all or a portion of which has been selected for redemption. 587 VOLUME LIV The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liabil- ity upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other govern- mental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 7. Redemption. Those of the Bonds due on or after October 1, 1997, are subject to redemption and payment prior to their maturity, at the option of the Municipality, in whole or in part, from any available funds, on October 1, 1996, or on any date thereafter, and if in part, in an amount which is equal to at least $5,000 or is an integral multiple thereof, in inverse order of maturity and within any maturity by lot, the redemption prices (expressed as a percentage of principal amount redeemed) for the periods set forth below plus accrued interest to the date fixed for redemption: -10- VOLUME LIV Redemption Period (dates inclusive) October 1, 1996, to September 30, 1997 October 1, 1997, to September 30, 1998 October 1, 1998, to September 30, 1999 October 1, 1999 to September 30, 2000 October 1, 2000 to September 30, 2001 October 1, 2001 to September 30, 2002 October 1, 2002 to September 30, 2003 October 1, 2003 and thereafter Price M_ 101.75 101.50 101.25 101.00 100.75 100.50 100.25 100.00 Unless waived by the Bond Registrar, the City shall notify the Bond Registrar of the redemption of Bonds (by maturity and amount per maturity, if less than all Bonds of a maturity are to be redeemed) not less than 45 days prior to the date of redemption. In the event of a partial redemption of Bonds of a given maturity, the particular Bonds or portions thereof to be redeemed shall be selected by lot not more than 60 days prior to the redemption date by the Bond Registrar. With respect to partial redemptions, the Bond Registrar shall select the Bonds or portion thereof to be redeemed by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. -11- 589 VOLUME LIV Unless waived by the registered owner of Bonds to be redeemed, notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by registered or certified mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owners to the Bond Registrar. All notices of redemption shall include at least the information as follows: 1. the redemption date; 2. the redemption price; 3. if less than all of the Bonds of a single maturity are to be redeemed, the identification (and, in the case of partial redemption of any Bonds, the respective principal amounts) of the Bonds to be redeemed; 4. a statement that on the redemption date the redemp- tion price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and 5. the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Bond Registrar. Prior to any redemption date, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. -12- VOLUME LIV 590 Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner, shall affect the sufficiency of such notice with respect to other Bonds. Notice having been properly given, failure of a registered owner to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by the registered owner entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Upon surrender of such Bonds for redemption in accor- dance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for payment of interest due on or prior to the redemption date shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Bond, there shall be -13- 591 VOLUME LIV prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the same maturity and bearing the same rate of interest in the amount of the unpaid principal. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. In addition to the foregoing notice, further notice shall be given by the Bond Registrar on behalf of the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner invalidate, limit or delay the redemption action if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (a) the CUSIP numbers of all Bonds being re- deemed; (b) the date of issue of the Bonds as originally issued; (c) the rate of interest borne by each Bond being redeemed; (d) the maturity date of each Bond being redeemed; and (e) any other descriptive information needed to identify accurately the Bonds being redeemed. -14- VOLUME LIV 592 Each further notice of redemption shall be sent at least 35 days before the redemption date by registered or certi- fied mail or overnight delivery service to all registered securi- ties depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depos- itories now being Depository Trust Company of New York, New York, Midwest Securities Trust Company of Chicago, Illinois, Pacific Securities Depository Trust Company of San Francisco, California, and Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services, chosen in the discretion of the Bond Registrar, that disseminate notice of redemption of obligations such as the Bonds. Each such further notice shall be published one time in The Bond Buyer, New York, New York or, if such publication is impractical or unlikely to reach a substantial number of the registered owners of the Bonds, in some other financial newspaper or journal which regularly carries notices of redemption of other obligations similar to the Bonds, such publication to be made at least 30 days prior to the date fixed for redemption. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. , -15- 593 VOLUME LIV Additional Bonds hereinafter issued pursuant to the terms hereof may be redeemable at such times and upon such terms as may be determined at the time of authorization thereof. Section 8. Form of Bond. The Bonds shall be in sub- stantially the form hereinafter set forth; provided, however, that if the text of the Bond is to be printed in its entirety on the front side of the Bond, then paragraph (21 and the legend "See Reverse Side for Additional Provisions" shall be omitted and paragraphs (61 through (131 shall be inserted immediately after paragraph (1]. -16- VOLUME LIV REGISTERED NO. [Form of Bond - Front Side] UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTIES OF KANE AND COOK CITY OF ELGIN GENERAL OBLIGATION BOND SERIES 1989-A See Reverse Side for Additional Provisions Interest Maturity Rate: Date: October 1, Registered Owner: Principal Amount: 594 REGISTERED c Dated Date: October 1, 1989 CUSIP [1) KNOW ALL PERSONS BY THESE PRESENTS, that the City of Elgin, Kane and Cook Counties, Illinois, a City, a home rule unit, and political subdivision of the State of Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the date of this -17- 595 VOLUME LIV Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above, such interest to be payable on April 1 and Cctober 1 of each year, commencing April 1, 1990, until said Principal Amount is paid, except as the hereinafter stated provisions for redemp- tion prior to maturity shall and may become applicable hereto. Both principal of and premium (if any) on this Bond are payable in lawful money of the United States of America at the principal corporate trust office of American National Bank and Trust Company of Chicago, in the City of Chicago, Illinois, as paying agent (the "Paying Agent"). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by American National Bank and Trust Company of Chicago, in the City of Chicago, Illinois, as bond registrar (the "Bond Registrar"), at the close of business on the 15th day of the month next preceding the interest payment date and shall be paid by check or draft of the Paying Agent mailed to the address of such Registered Owner as it appears on such registra- tion books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. (2] Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. -18- VOLUME LIV 596 (3] It is hereby certified and recited that all condi- tions, acts, and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond have existed and have been properly done, happened, and been performed in regular and due form and time as required by law; that the indebtedness of the City, re- presented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any constitutional or statutory limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient, with other funds set aside by the City, to pay the interest hereon as the same falls due and also to pay and dis- charge the principal hereof at maturity. [4] This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. [5] IN WITNESS WHEREOF, the City of Elgin, Kane and Cook Counties, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly autho- rized facsimile signature of its City Clerk and its corporate -19- 597 VOLUME LIV seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. Mayor, City of Elgin, Kane and Cook Counties, Illinois City Clerk, City of Elgin, Kane and Cook Counties, Illinois (SEAL) Date of Authentication: , CERTIFICATE Bond Registrar: American National Bank OF and Trust Company of AUTHENTICATION Chicago Paying Agent: American National Bank and Trust Company of Chicago This Bond is one of the Bonds described in the within men- tioned Ordinance and is one of the General Obligation Bonds, Series 1989-A, having a Dated Date of October 1, 1989, of the City of Elgin, Kane and Cook Counties, Illinois. American National Bank and Trust Company of Chicago as Bond Registrar By Authorized Officer -20- VOLUME LIV 598 (Form of Bond - Reverse Side] City of Elgin, Kane and Cook Counties, Illinois General Obligation Bond, Series 1989-A (6] This bond is one of a series of bonds (the "Bonds") in the aggregate principal amount of $2,500,000 issued by the City for the purpose of paying the costs of the 1989 Land Acquisition Project, and of paying the costs of all expenses incidental thereto, all as described and defined in the ordinance authorizing the Bonds (the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of Section 6 of Article VII of the Illinois Constitution of 1970, and the City's home rule powers thereunder and of Division 74.4 of Article 11 of the Illinois Municipal Code, as supplemented and amended, and in compliance with the Ordinance, duly passed by the City Council of the City, approved by the Mayor thereof, and published, in all respects as by law required. (7] Those of the Bonds due on or after October 1, 1997, are subject to redemption at the option of the Municipality, in whole or in part, on October 1, 1996, or on any date thereafter, in integral multiples of $5,000, in inverse order of maturity and within any maturity by lot, at the redemp- tion prices (expressed as a percentage of principal amount redeemed) for the periods set forth below plus accrued interest to the date fixed for redemption: -21- 599 Redemption Period (dates inclusive) October 1, 1996, to September 30, 1997 October 1, 1997, to September 30, 1998 October 1, 1998, to September 30, 1999 October 1, 1999 to September 30, 2000 October 1, 2000 to September 30, 2001 October 1, 2001 to September 30, 2002 October 1, 2002 to September 30, 2003 October 1, 2003 and thereafter VOLUME LIV Price 101.75 101.50 101.25 101.00 100.75 100.50 100.25 100.00 (8] Unless waived by the Registered Owner of Bonds to be redeemed, notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by registered or certified mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Regis- trar. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular Registered Owner of a Bond, shall affect the sufficiency of such notice with respect to other Registered Owners. Notice having been properly given, failure of a Registered Owner of a Bond to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a Registered Owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Notice of redemption having been given as aforesaid, the -22- VOLUME LIV 600 Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due on or prior to the redemption date shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Registered Owner a new Bond or Bonds of like tenor, of authorized denominations, of the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. (9] The Bonds are issued in fully registered form in the denominations of $5,000 and authorized integral multiples thereof. This Bond may be exchanged at the principal corporate trust office of the Bond Registrar in the City of Chicago, Illinois, for a like aggregate principal amount of Bonds of the same interest rate of other authorized denominations upon the terms set forth in the Ordinance. (10] This Bond is transferable by the Registered Owner hereof in person or by his attorney duly authorized in writing at the principal corporate trust office of the Bond Registrar in the City of Elgin, Illinois, but only in the manner, subject to the -23- 601 VOLUME LIV - limitations, and upon payment of the charges provided in the Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer, a new Bond or Bonds of authorized denomina- tion(s) of the same interest rate and for the same aggregate principal amount will be issued to the transferee in exchange therefor. (111 The Bond Registrar shall not be required to transfer or exchange any Bond during the period of five days next preceding mailing of a notice of redemption of any Bond or to transfer or exchange any Bond all or a portion of which has been selected for redemption. (12) The City, the Bond Registrar, and the Paying Agent may deem and treat the Registered Owner hereof as the abso- lute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes; and the City, the Bond Registrar, and the Paying Agent shall not be affected by any notice to the contrary. (131 The City has designated this Bond a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. -24- VOLUME LIV 602 (TRANSFER) FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto (Name and Address of Transferee) the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every par- ticular, without alteration or enlargement or any change whatever. Section 9. Tax Levy. For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due and to pay and discharge the principal thereof at maturity, there is hereby levied upon all of the tax- able property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose; and there is hereby levied on all of the taxable prop- erty in the City, in addition to all other taxes, the following direct annual taxes (the "Full Faith and Credit Taxes"), to -wit: -25- 603 VOLUME LIV For the Year A Tax Sufficient to Produce the Sum of: 1989 $ 65,000.00 for principal and interest up to and including October 1, 1990 (net of capitalized interest of $175,787.50 1990 167,220.00 (net of capitalized interest of $74,212.501 1991 241,672.50 for principal and interest 1992 241,497.50 for principal and interest 1993 235,937.50 for principal and interest 1994 235,377.50 for principal and interest 1995 239,470.00 for principal and interest 1996 237,867.50 for principal and interest 1997 235,917.50 for principal and interest 1998 238,620.00 for principal and interest 1999 235,627.50 for principal and interest 2000 237,287.50 for principal and interest 2001 233,252.50 for principal and interest 2002 233,870.00 for principal and interest 2003 233,792.50 for principal and interest 2004 233,020.00 for principal and interest 2005 231,387.50 for principal and interest 2006 233,875.00 for principal and interest 2007 230,195.00 for principal and interest 2008 230,695.00 for principal and interest Interest or principal coming due at any time when there are insufficient funds on hand from the foregoing tax levy to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of said taxes herein levied; and when said taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and the holders of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the foregoing tax levy. The City and -26- VOLUME LIV 604 its officers will comply with all present and future applicable laws in order to assure that the foregoing taxes will be levied, extended, and collected as provided herein and deposited into the hereinafter created Bond Fund. Whenever other funds, including revenues derived from the 1989 Land Acquisition Project and moneys to the credit of the Fund, are made available for the purpose of paying any of such interest or principal (and such funds are not a temporary advance of funds), the City Council shall, by proper proceedings, direct the deposit of such funds into the hereinafter created Bond Fund, and further, in and by such proceedings, shall direct the abate- ment of the Full Faith and Credit Taxes by the amount deposited. A certified copy of such proceedings shall be filed with the County Clerks of The Counties of Kane and of Cook, Illinois, prior to the extension of the Full Faith and Credit Taxes for collection. Whenever any of the Bonds which by their terms are callable for redemption prior to their maturity have been so called and payment made or provided for, the Full Faith and Credit Taxes levied hereunder to pay such prinicpal and interest shall also be abated by proper proceedings, and a certified copy thereof shall likewise be filed with said County Clerks. -27- 605 VOLUME LIV - Section 10. Filing with County Clerks. Promptly, as soon as this Ordinance becomes effective, a copy hereof, certi- fied by the City Clerk of the City, shall be filed with the County Clerks of The Counties of Kane and of Cook, Illinois; and said County Clerks shall in and for each of the years 1989 to 2008, inclusive, ascertain the rate per cent required to produce the aggregate tax hereinbefore provided to be levied in each of said years; and said County Clerks shall extend the same for collection on the tax books in connection with other taxes levied in said years in and by the City for general corporate purposes of the City; and in said years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for said years are levied and collected and in addition to and in excess of all other taxes. Section 11. Sale of Bonds. The Bonds shall be exe- cuted as in this Ordinance provided as soon after the passage hereof as may be, shall be deposited with the City Treasurer, and shall be by the Treasurer delivered to the purchaser(s) thereof, namely, Harris Trust and Savings Bank, Chicago, Illinois, upon payment of the purchase price agreed upon, the same being not less than par plus a premium of $50.50 plus accrued interest to date of delivery; the contract for the sale of the Bonds hereto- fore entered into is in all respects ratified, approved and confirmed, it being hereby found and determined that said con- -28- VOLUME LIV 606 tract is in the best interests of the City and that no person holding an office of the City either by election or appointment, is in any manner interested, either directly or indirectly, in his own name or in the name of any other person, association, trust or corporation, in said contract for the purpose of the Bonds. Section 12. Creation of Funds and Appropriations. The proceeds derived from the sale of the Bonds shall be used as follows: (a) Accrued interest on the Bonds, capitalized inter- est in the amount of $250,000, and premium, if any, shall be and is hereby appropriated for the purpose of paying such interest due on the Bonds and to such end is hereby ordered to be deposited into the "General Obligation Bonds, Series 1989-A, Bond Fund" (the "Bond Fund"), hereby created, which shall be the fund for the payment of principal of and inter- est on the Bonds. Taxes received for the payment of the Bonds shall be deposited into the Bond Fund and used solely and only for the purpose of paying the Bonds. Interest received from investments on deposit in the Bond Fund shall be retained therein. (b) The sum necessary shall be set aside in a separate fund hereby created and designated as the "Expense Fund," which shall be used to pay the costs and expenses incidental to the issuance of the Bonds, without any further action or direction of the City Council. Any funds remaining to the credit of the Expense Fund on the date which is six months following the delivery of the Bonds shall be transferred to the hereinafter established Project Fund. (c) The remaining funds shall be set aside in a separate fund hereby created and designated as the "Dundee/Summit Redevelopment Project Area 3 Project Fund (1989)", (the "Project Fund"), which shall be deposited in a bank or banks to be hereafter designated by the City Coun- cil. Money in said fund shall be withdrawn from time to time as needed for the payment of costs of the 1989 Land Acquisition Project and paying the fees and expenses inci- dental thereto not paid out of the Expense Fund, and said money shall be withdrawn from the depository from time to -29- 607 VOLUME LIV time by the Treasurer of the City only upon submission by him to said depository of the following: (i) If such withdrawal of funds by the Treasurer is for payment to a supplier, materialman, or contrac- tor for work done in,connection with the 1989 Land Acquisition Project, a certificate executed by the engineer in charge of the construction of the Project stating the amount of materials supplied or the nature of the work completed, that such materials have been properly accepted or such work approved by him, the amount due and payable thereon, and the amount remain- ing to be paid in connection with the 1989 Land Acqui- sition Project; and (ii) A duplicate copy of the order signed by the Mayor and City Clerk, or such other officer(s) as may from time to time be by law authorized to sign and countersign orders of the Treasurer of the City, stat- ing specifically the purpose for which the order is issued and indicating that the payment for which the order is issued has been approved by the City Council. Section 13. Incremental Property Taxes Fund - Accounts. There is hereby continued the Fund. All of the Incremental Taxes, any amounts received from the sale of property acquired or constructed and paid for from Bond proceeds, includ- ing, specifically, the 1989 Land Acquisition Project, and any other revenues from any source whatsoever designated to pay prin- cipal of, interest on and premium, if any, on the Bonds shall be set aside as collected and be deposited in the Fund, which is a trust fund established for the purpose of carrying out the cove- nants, terms and conditions imposed upon the City by the Act. In accordance with the provisions of the Act, the Incremental Taxes are to be paid to the City Treasurer by the officers who collect or receive the Incremental Taxes. Whenever the City Treasurer receives any of the Incremental Taxes he shall -30- VOLUME LIV .1: identify the same by source to the extent required by the Act and shall promptly credit the same for deposit into the Fund. The moneys on deposit in the Fund shall be used solely and only for the payment of redevelopment project costs in the Area, including the payment of principal of and interest on the Bonds. Section 14. Arbitrage. The City represents and cer- tifies as follows with respect to the Bonds: (a) All of the principal proceeds of the Bonds will be expended on or before October 1, 1992. (b) The City recognizes that the provisions of Section 148 of the Code require a rebate to the United States in certain circumstances. An exemption to rebate requirements appears at Section 148(f)(4)(C) of the Code and applies to this issue. No rebate is required or planned by the City. In support of this conclusion, the City covenants, repre- sents and certifies as follows: (i) That the City is a governmental unit with general taxing powers; (ii) That none of the Bonds is a "private activity bond" (as defined in Section 141(a) of the Code); (iii) That 95 percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City; and (iv) That the aggregate face amount of all tax exempt bonds (other than "private activity bonds") issued by the City (and all subordinate entities there- of) during 1989 is not reasonably expected to exceed $5,000,000. (c) The City has heretofore incurred, or within six months after delivery of the Bonds expects to incur, sub- stantial binding obligations with respect to the 1989 Land Acquisition Project to be paid for with moneys received from the sale of the Bonds, said binding obligations comprising binding contracts for the Project in not less than the amount of $100,000. -31- 609 VOLUME LIV (d) The 1989 Land Acquisition Project is expected to proceed with due diligence to completion. (e) The City will receive the agreed -upon price plus accrued interest from the sale of the Bonds. Accrued inter- est and premium, if any, on the Bonds is to be deposited into the Bond Fund and used to pay first interest coming due on the Bonds. (f) Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund, reserve fund or any other similar fund to provide for the payment of the Bonds. The Bond Fund has been estab- lished and will be funded in a manner primarily to achieve a proper matching of tax revenues and debt service, and will be depleted at least annually to an amount not in excess of 1/12 the particular annual debt service on the Bonds. Money deposited in the Bond Fund will be spent within a 13-month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent or withdrawn from the Bond Fund within a one-year period beginning on the date of receipt. (g) The foregoing statements of expectation are based upon the following facts and estimates: (1) Amounts shown as received will be received pursuant to contract of sale. (2) Amounts paid or to be paid into various funds and accounts have been directed to be paid into said funds and accounts by authority hereof or are expected to be so directed to be paid by further proceedings. (3) The anticipated dates of the obligation of and expenditure of money in the Project Fund derived f rom the sale of Bonds and the amounts to be spent on or before such dates is based upon consultation with the architects, engineers and administrative staff of the City charged with responsible supervision of the 1989 Land Acquisition Project. (h) If at any time after the third anniversary of the date of issuance of the Bonds, the amount of money in the Project Fund exceeds $100,000, the amount of money then in the Project Fund in excess of said sum of $100,000 shall not be invested at a yield "materially higher" (as defined in the Treasury Regulations hereinafter cited) than the yield on the Bonds. -32- VOLUME LIV 610 (i) In valuing the moneys on deposit in the Project Fund at any time for the purposes of complying with the foregoing paragraph, investments will be taken into account at purchase price with the following exception: if an investment is purchased at a discount or results in interest payments for any annual period in excess of interest pay- ments for any preceding annual period (reflecting the annual reinvestment of accrued interest as principal), the amount of such discount or excess interest (not discounted to present value) shall be added to the purchase price ratably each year over the term of the investment. The yield on investments shall be calculated on the basis of the actual payments received from and the price paid for such invest- ments. (j) The City has not been notified of any disqualifi- cation or proposed disqualification of it by the Commis- sioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Treas. Reg. §1.103-13 (a)(2)(ii) (1979). (k) To the best of the knowledge and belief of the City Council, there are no facts, estimates or circumstances that would materially change the conclusions and representa- tions set out in this Section and the expectations set out in this Section are reasonable. The City Council also certifies and further covenants with the purchasers and holders of the Bonds from time to time outstanding that moneys on deposit in any fund or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other source, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code, and any lawful regulations promulgated there- under, including Treas. Reg. S§1.103-13, 1.103-14 and 1.103-15 (1979) as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The City Council reserves the right, however, to make any investment of moneys on -33- 611 VOLUME LIV - - deposit in any fund or account in connection with the Bonds per- mitted by state law, if, when and to the extent that such invest- ment would not, in the opinion of counsel of recognized compe- tence in such matters, result in the inclusion of interest on the Bonds in gross income for federal income tax purposes (such status of interest on the Bonds being hereinafter referred to as "Tax Exempt"). Section 15. Registered Form. The City recognizes that the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon be Tax Exempt under laws in force at the time the Bonds are delivered. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued 'in, or converted into, bearer or coupon form. Section 16. List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the owners of all Bonds. Section 17. Rights and Duties of Bond Registrar. If requested by the Bond Registrar, any City Officer is authorized to execute the Bond Registrar's standard form of agreement between the City and the Bond Registrar with respect to the obli- gations and duties of the Bond Registrar hereunder. In addition to the terms of such agreement and subject to modification there- by, the Bond Registrar by its acceptance of duties hereunder agrees as follows: -34- VOLUME LIV 612 (a) to act as bond registrar, paying agent, authenti- cating agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential except to the extent otherwise required by law; (c) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (d) to furnish the City at least annually a certi- ficate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar and the Paying Agent. Section 18. Not Private Activity Bonds None of the Bonds is a "private activity bond" as defined in Section 141(a) of the Code. In support of such con- clusion, the City certifies, represents and covenants as follows: (a) No direct or indirect payments in excess of ten percent of the principal of and interest on the Bonds are to be made on any Bond with respect to any private business use by any person other than a state or local governmental unit. The City hereby covenants, warrants, and certifies that it will not receive disposition proceeds upon its reconveyance of the property acquired with the proceeds of the Bonds in an amount equal to or in excess of ten percent of the prin- cipal of and interest on the Bonds. (b) None of the proceeds of the Bonds is to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. -35- 613 VOLUME LIV Section 19. Further Tax Covenants The City agrees to comply with all provisions of the Code which, if not complied with by the City, would cause the Bonds not to be Tax Exempt. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all repre- sentations, covenants and assurances contained in certificates or agreements as may be prepared by counsel approving the Bonds; (c) to consult with such counsel and to comply with such advice as may be given; (d) to pay to the United States, if necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) to file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the City in such compliance. Section 20. Qualified Tax -Exempt Obligations The City recognizes the provisions of Section 265(b)(3) of the Code which provide that a "qualified tax-exempt obliga- tion" as therein defined may be treated by certain financial institutions as if it were acquired on August 7, 1986, for cer- tain purposes. The City hereby designates each of the Bonds as may be from time to time outstanding for purposes of Section -36- VOLUME LIV 614 265(b)(3) of the Code as a "qualified tax-exempt obligation" as provided therein. In support of such designation, the City certifies, represents and covenants as follows: (a) The Bonds are not "private activity bonds" as defined in Section 141(a) of the Code. (b) Including the Bonds, the City (including any enti- ties subordinate thereto) has not and does not reasonably expect to issue in excess of $10,000,000 in "qualified tax- exempt obligations" (other than "private activity bonds") (as such terms are defined in the Code) during 1989. (c) Including the Bonds, not more than $10,000,000 of obligations issued by the City (including any entities subordinate thereto) during the calendar year of issuance of the Bonds have been to date or will be designated by the City for purposes of said Section 265(b)(3). Section 21. Publication of Ordinance. A full, true and complete copy of this Ordinance shall be published within ten (10) days after passage in pamphlet form by authority of the City Council, and thereafter this Ordinance shall be in full force and effect. Section 22. Superseder and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect upon its passage, approval, and publication as provided herein. -37- 615 VOLUME LIV AYES: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. NAYS: None. ABSENT: None. ADOPTED: September 27, 1989. APPROVED: September 27 , 1989. s/ George VanDeVoorde Mayor, City of Elgin, Kane and Cook Counties, Illinois Attest: s/ Marie YearnAn City Clerk, City of Elgin, Kane and Cook Counties, Illinois RESOLUTION ADOPTED APPROVING THE TRANSFER OF THECABLE TELEVISION FRANCHISE HELD BY CENTEL CABLE TELEVISION COMPANY OF ILLINOIS PURSUANT TO ORDINANCE NO. S-935 DATED DECEMBER 10, 1969, AS AMENDED Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. -38- VOLUME LIV 616 RESOLUTION APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE HELD BY CENTEL CABLE TELEVISION COMPANY OF ILLINOIS PURSUANT TO ORDINANCE NO. S-935 DATED DECEMBER 10, 1969, AS AMENDED WHEREAS, the City Council of the City of Elgin, Illinois (the "City"), granted a franchise to construct, own, operate and maintain a cable television system within the City of Elgin (the "System"), pursuant to Ordinance No. 5-935 dated December 10, 1969 (the "Franchise") to Consolidated Cable Utilities, Inc.; and WHEREAS, by Ordinance No. 86-84 dated December 17, 1984, the City Council of the City of Elgin amended the Franchise and approved the transfer thereof and the System to Centel Cable Television Company of Illinois ("Centel"), and Centel is now the duly authorized and valid holder of the Franchise, as amended; and WHEREAS, Centel has requested pursuant to Section 18 of the Franchise, as amended, that the City Council of the City of Elgin approve the transfer of the Franchise, as amended, and the System to Jones Intercable, Inc., a Colorado corporation ("Jones") or any affiliate of Jones, including any limited partnership or partnerships of which Jones or any affiliate of Jones is a general partner, or any joint venture or general partnership or partnerships of which Jones, any affiliate of Jones, or any such limited partnership or partnerships is a constituent partner (any such entity being hereinafter referred to as an "Affiliate of Jones"); and WHEREAS, Jones or any Affiliate of Jones then holding the Franchise may from time to time desire to grant a security interest in its assets, including the Franchise, as amended, and the System to an institutional lender or lenders as security for its obligations to such lender or lenders; and WHEREAS, Jones or any Affiliate of Jones then holding the Franchise has agreed to be bound by the terms, provisions and conditions of the Franchise, as amended, and of this Resolution. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, THAT: 617 VOLUME LIV 1. The City does hereby consent to the assignment and transfer of the Franchise, as amended, and the System from Centel to Jones and/or to any Affiliate of Jones, and to any subsequent transfers between Jones and any Affiliate of Jones; provided, however, that the consent of the City to any transfer of the Franchise and the System to an Affiliate of Jones shall only be effective if prior to such transfer the City receives from Jones a guarantee by Jones of the performance by the Affiliate of Jones of all of the terms and conditions of the Franchise. 2. The City does hereby consent to the grant by Jones or any Affiliate of Jones who may from time to time hold the Franchise of a security interest in all of its rights, powers and privileges under the Franchise, as amended, and the System and all of its other assets to such lending institution or institutions as may be designated by Jones or any Affiliate of Jones, which lending institution or institutions shall have all of the rights and remedies of a secured party under the applicable Uniform Commercial Code. 3. The foregoing consent to the transfer and assignment of the Franchise, as amended, and the System from Centel to Jones and/or to any Affiliate of Jones shall be effective upon the closing of the sale of the System to Jones or any Affiliate of Jones. Notice of such closing date shall be given to the City. Any subsequent transfer of the Franchise, as amended, and the System between Jones and any Affiliate of Jones shall be effective upon written notice being given to the City by the entity then holding the Franchise. 4. Jones hereby agrees to expand the channel capacity of the System from a 36 channel to a 54 channel, 450 MHz system, within 36 months after the closing of the sale of the System to Jones. The 450 MHz system shall meet or exceed the following performance standards: Carrier to Noise (C/N) < -46dBc Second Order Distortion < -59dBc Cross Modulation (XMod) < -49dBc Hum < 2% Composite Triple Beat (CTB) < -59dBc The expanded system shall offer a state of the art channel selector with full remote capabilities and shall enable Jones to provide "pay per view" services to cable television subscribers in the City. VOLUME LIV 618 5. The City hereby affirms that the Franchise, as amended, is currently valid and in full force and effect, and to the knowledge of the City, no default exists thereunder. Subject to compliance with the terms of this Resolution, all action necessary to approve the transfer of the Franchise, as amended, and the System to Jones or any Affiliate of Jones has been duly and validly taken. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED Councilwoman Popple made a motion, seconded by Councilman Gilliam to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. �� VOLUME LIV Ordinance No. G82-89 AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 19762 AS AMENDED WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to provide for minimum design standards for open sales lots, the prohibition of open sales lots as an accessory use, and to remove motor vehicle sales from the list of permitted uses in the B-3 service business district; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 19.04.480 of Chapter 19.04 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 1119.04.480 Open sales lot. "Open sales lot" means any land used or occupied for the purpose of buying and selling farm machinery, nursery stock, passenger cars, trucks, motor scooters, motorcycles, boats, and monuments, or for the storing of the same prior to sale. Open sales lots shall be a minimum 120 feet in lot width and a minimum 16,000 square feet in lot area, and shall be improved with a sales office." Section 2. That Section 19.06.070(A) of Chapter 19.06 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "A. Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping or propagation of poultry or livestock, whether or not for profit. At no time shall an open sales lot be considered an accessory use." Section 3. That Section 19.32.020 of Chapter 19.32 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following: 1121. Motor vehicles, sales;"' Section 4. That Section 19.32.020 of Chapter 19.32 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by redesignating numbers 22 through 41 as numbers 21 through 40. VOLUME LIV 620 Section S. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Passed: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING ACQUISITION OF REAL PROPERTY Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 621 VOLUME LIV - I RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it is necessary and desirable to acquire certain property for a purchase price of $450.00 from Kane County described as follows: Lot 16 in Block 8 of Sadler's Addition to Elgin, in the City of Elgin, Kane County, Illinois. (PIN 06-1 1-203-012) BE IT FURTHER RESOLVED that the City Manager and City Clerk be and are hereby authorized to execute all necessary documents and take all actions to acquire the above described property. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Northwest Corner of Randall Road and WinHaven Drive) Councilwoman Popple made a motion, seconded by Councilman Gilliam to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 622 Ordinance No. S8-89 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Northwest Corner of Randall Road and WinHaven Drive) 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; and WHEREAS, Ordinance No. S8-89 passed April 12, 1989 does not accurately describe the territory annexed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Ordinance No. S8-89 passed April 12, 1989 be and is hereby repealed. Section 2. 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: Lots 7, 8 and 9 and Outlot "A" in Block 9 of Fourth Addition to Almora Heights, excepting that part thereof dedicated for highway purposes by Document Number 880361 (affects Lot 9 and Outlot "A") and Document Number 1151904 (affects Outlot "A"), in the Township of Elgin, Kane County, Illinois. Also that part of WinHaven Drive, being adjacent to and contiguous to said Lots 7, 8, and 9 except that part of WinHaven Drive, being adjacent to and contiguous to Lot 21 in Block 7 of Fourth Addition to Almora Heights and that part of Howard Avenue, being adjacent to and contiguous to Outlot "A". Section 3. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. 623 VOLUME LIV Section 4. That this ordinance shall be in full force and effect from and after is passage as provided by law. s/ Georae VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Passed: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Y arman Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Northwest Corner of Randall Road and WinHaven Drive) Councilwoman Popple made a motion, seconded by Councilman Gilliam to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 624 Ordinance No. G31-89 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Northwest Corner of Randall Road and WinHaven Drive) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-2 Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and 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; and WHEREAS, Ordinance No. G31-89 passed April 12, 1989 does not accurately describe the territory classified. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Ordinance No. G31-89 passed April 12, 1989 be and is hereby repealed. Section 2. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same 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 R-2 Single Family Residence District, the following described property: Lots 7, 8 and 9 and Outlot "A" in Block 9 of Fourth Addition to Almora Heights, excepting that part thereof dedicated for highway purposes by Document Number 880361 (affects Lot 9 and Outlot "A") and Document Number 1151904 (affects Outlot "A"), in the Township of Elgin, Kane County, Illinois. Also that part of WinHaven Drive, being adjacent to and contiguous to said Lots 7, 8, and 9 except that part of WinHaven Drive, being adjacent to and contiguous to Lot 21 in Block 7 of Fourth Addition to Almora Heights and that part of Howard Avenue, being adjacent to and contiguous to Outlot "A"." 625 VOLUME LIV Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Passed: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: A s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED VACATING A PORTION OF A PUBLIC STREET Councilwoman Popple made a motion, seconded by Councilman Gilliam to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. C VOLUME LIV 626 Ordinance No. S20-89 AN ORDINANCE VACATING A PORTION OF A PUBLIC STREET WHEREAS, the public interest will be served by vacating a portion of a public street in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and WHEREAS, said property is not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That a portion of a public street in the City of Elgin, Kane County, Illinois, legally described as follows: That part of South Street bounded by a line described as being bounded on the West by the East right-of-way line of the Chicago and Northwestern Railroad, bounded on the North by the South line of Block 30 of W.C. Kimball's Original Plat of West Elgin, bounded on the East by the West line of State Street, and bounded on the South by the North line of Block 31 of said original Plat, all in the City of Elign, Kane County, Illinois. be and the same is hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George Van eVoorde, Mayor 627 VOLUME LIV Presented: September 27, 1989 Passed: September 27, 1989 Vote: Yeas 7 Nays p Recorded: Published: Attest: , o s / Mari Yc�arman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING PRELIMINARY PLAT FOR POPLAR CREEK SUBDIVISION Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 628 RESOLUTION APPROVING PRELIMINARY PLAT FOR POPLAR CREEK SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Burnidge, Cassell and Associates dated April 20, 1989 and revised July 12, 13 and 17, 1989 for Poplar Creek Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR POPLAR CREEK SUBDIVISION Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 629 VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR POPLAR CREEK SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Burnidge, Cassell and Associates dated May 4, 1989 for Poplar Creek Subdivision. s/ George an a oor e, ayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: �� A. -' s/ Marie Y arman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING THE SUBMISSION OF AND APPLICATION TO THE ILLINOIS DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS (DCCA) FOR GRANT FUNDING AVAILABLE THROUGH THE ILLINOIS CLEAN AND BEAUTIFUL PROGRAM Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 630 RESOLUTION AUTHORIZING THE SUBMISSION OF AND APPLICATION TO THE ILLINOIS DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS (DCCA) FOR GRANT FUNDING AVAILABLE THROUGH THE ILLINOIS CLEAN AND BEAUTIFUL PROGRAM WHEREAS, the City Council of the City of Elgin, pursuant to resolution authorized the city's participation in the Illinois Clean and Beautiful Program to be administered through Elgin Proud and Beautiful, Inc.; and WHEREAS, at the recommendation of Elgin Proud and Beautiful, Inc. the City of Elgin is applying to the State of Illinois Department of Commerce and Community Affairs for grant funding available through the "Illinois Clean and Beautiful Program"; and WHEREAS, it is necessary that an application be submitted by the City of Elgin on behalf of Elgin Proud and Beautiful, Inc. and certain agreements be entered into with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The City of Elgin shall apply for a $12,000 grant through the program under the terms and conditions of the State of Illinois and shall enter into and agree to the understandings and assurances governing the receipt and utilization of the aforesaid rant funds. Section 2. The Mayor and City Clerk, on behalf of the city, shall be empowered to execute such documents and all other agreements as may be considered necessary for carrying out the stated activities outlined within said application. Section 3. The Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of a grant offer. Section 4. That the City of Elgin shall and does hereby commit the sum $3000 in local funds as identified in said grant application to be used along with grant funds in the amount of $12,000 to implement the Illinois Clean and Beautiful Program. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas: 7 Nays: 0 Recorded: Attest: s1 Marie Yearmla _ Marie Yearman, City Clerk 631 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH VANDENBERGH FOODS COMPANY Councilwoman Moylan made a motion, seconded by Councilman Fox to table the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $ 36,593.00 August refuse charges. Chamber of Commerce 10,163.50 Fourth quarter support payment. Elgin Public Museum 10,100.00 Fourth quarter support payment. Elgin Courier News 7,010.27 August advertising. Paul Reaume Ltd. 5,317.58 City Manager recruitment. Boncosky Oil Co. 6,703.65 Gasoline purchase. Chicago Title & Trust 6,880.00 Acquisition for Big Timber ROW. Freeport Metal 8,554.00 Fire Engine #4 repairs. Councilwoman Moylan made a motion, seconded by Councilman Walters to approve payment to the above vendors. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF OF AMENDMENT NUMBER TWO TO SPONSORSHIP AGREE- MENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 632 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NUMBER TWO TO SPONSORSHIP AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute Amendment Number Two to Sponsorship Agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the Tyler Creek Detention Reservoir, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Ll s/ Marie Y arman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF REALTY CONSULTANTS, LTD. FOR THE APPRAISAL OF SOUTH GROVE PROPERTIES Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 633 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF REALTY CONSULTANTS, LTD. FOR THE APPRAISAL OF SOUTH GROVE AVENUE PROPERTIES 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 Realty Consultants, Ltd. for the appraisal of 269 South Grove Avenue and 210-220 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 634 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dr. James Didier be and is hereby appointed as a member of the Land Use Committee for a term to expire July I, 1992. BE IT FURTHER RESOLVED that John Lucks be and is hereby appointed as a member of the Land Use Committee for a term to expire July I, 1992. BE IT FURTHER RESOLVED that Jane Gomez be and is hereby appointed as a member of the Civil Service Commission for a term to expire May I, 1992. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTD REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE A PORTION OF STATE ROUTES 19 AND 58 FOR ANNUAL PARADE Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 635 VOLUME LIV RESOLUTION REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE A PORTION OF STATE ROUTES 19 AND 58 FOR ANNUAL PARADE WHEREAS, Elgin High School has applied for and received permission from this Council to stage its homecoming parade on October 13, 1989, from 3:00 p.m. until 4:00 p.m., conditioned upon securing permission from the Illinois Department of Transportation to close portions of State Routes 19 and 58 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes. It is further agreed that an efficient, all weather detours will be maintained and conspicuously marked for the benefit of traffic deviated from the state routes. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Y rman Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DONOHUE & ASSOCIATES, INC. Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 636 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DONOHUE & ASSOCIATES, INC. 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 with Donohue & Associates, Inc. for a transportation study, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: September 27, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: co.c�J (.tvL J s Marie Ye'hrman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH FRANCINE PEELE AND GORDON PEELE (P & K PRODUCTS CO. INC. Councilwoman Popple made a motion, seconded by Councilman Gilliam to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. '89 09/22 12:24 $ 312 641 6263 CARL50N AND HUG 01 637 VOLUME LIV RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH FRANCINE PEELE AND GORDON PEELE (P & K PRODUCTS CO. INC. PROJECT) WHEREAS, Francine Peele and Gordon Peele (collectively the "Borrower") wish to finance the construction of a building and equipping thereof to be located on Fox Lane, near the northwest tollroad in Elgin, Illinois for use in the manufacture of sports paraphernalia and wish to have the City of Elgin, Illinois (the "Issuer") issue its economic development revenue bonds to finance the construction and equipping of such facilities; and WHEREAS, a Memorandum of Agreement has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to issue its economic development revenue bonds to finance the construction and equipping of such facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: SECTION 1: That the Mayor of the Issuer is hereby authorized to execute, and the City Clerk of the Issuer is hereby authorized to attest a Memorandum of Agreement with the Borrower in substantially the form of such agreement appended to this Resolution. SECTION 2: That the officers and employees of the Issuer are hereby authorized 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 to exceed $3,500,000 of '89 09,22 12:25 a 312 641 6263 CAFLSON AND HUG 02 VOLUME LIV 638 its economic development revenue bonds upon the terms and conditions stated in such Memorandum of Agreement for the purpose of defraying the cost of constructing and equipping the Project (as defined in the Memorandum of Agreement) and that the same is declared to be for a public purpose and a matter pertaining to the government and affairs of the Issuer, pursuant to applicable home rule authority. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 27'thday of September , 1989. AYES: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. NAYS: None. ABSENT:None. APPROVED this -2-7th day of September , 1989. ATTEST: a/ Marie Year an City Clerk s George VanDeVoorde Mayor -2- 199 69%22 12:26 2 312 641 6263 CARL50N AND HUG 64 639 VOLUME LIV MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Elgin, Illinois (the "Issuer") and Francine Peele and Gordon Peele (collectively the "Borrower"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The Issuer is authorized under its home rule powers, as set forth in the 1970 Constitution of the State of Illinois, Article VII, Section 6, and the provisions of an Ordinance adopted on February 13, 1960, as from time to time supplemented and amended (the "Ordinance"), to issue economic development revenue bonds for the purpose of financing, in whole or in part, the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any economic project and to enter into a loan agreement with the Borrower pursuant to which the proceeds of such revenue bonds may be lent to the Borrower to finance the costs of the construction and equipping of such an economic development project. (b) The Borrower wishes to obtain satisfactory assurance from the Issuer that the proceeds of the sale of the economic development revenue bonds of the Issuer will be made available to them to finance the costs of constructing an approximately 120,000 square foot building and equipping the same to be located on Fox Lane, near the northwest tollroad, in Elgin, Illinois for use in the manufacture of sports paraphernalia (the "Project"). AI '89 09'22 12:26 a 312 641 6263 CARLSON AND HUG 65 VOLUME LIV 640 (c) Subject to the conditions contained herein and to the due compliance with all requirements of law, the Issuer, by virtue of such statutory authority as may now or hereafter be conferred by the ordinance, will issue and sell its economic development revenue bonds in an amount not to exceed $3,500,000 (the "Bonds") to finance the costs of the Project. 2. Undertakings on the Part of the Issuer. Subject to the conditions above: stated, the Issuer agrees as follows: (a) That it will authorize the issuance and sale of the Bonds pursuant to the terms of the Ordinance as then in force. (b) That it will, at the proper time and subject in all respects to the prior advice, consent and approval of the Borrower, adopt or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary and advisable: for the authorization, issuance, and sale of the Bonds as aforesaid, and that it will enter into a loan agreement whereby the Borrower will pay to or on behalf of the Issuer such sums as shall be sufficient to pay the principal and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 3. Undertakings on the Part of the Borrower. Subject to the conditions above stated, the Borrower agrees as follows: (a) That they will use all reasonable efforts to find one or more purchasers for the Bonds. -2- 641 VOLUME LIV . (b) That contemporaneously with the delivery of the Bonds they will enter into a loan agreement with the Issuer under the terms of which the Borrower will obligate themselves to pay to the Issuer sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments of the Issuer under Paragraph 2 hereof and of the Borrower under Paragraph 3 hereof are subject to the condition that on or before December 31, 1989 (or such other date as shall be mutually satisfactory to the Issuer and the Borrower), the Issuer and the Borrower shall have agreed to mutually acceptable terms and conditions of the loan agreement and of the Bonds and other instruments or proceedings relating to the Bonds. The decision not to approve or agree to any term or condition of any document or not to take any action prior to issuance of the Bonds shall rest solely within the complete discretion of the parties to this Agreement. (b) If the events set forth in (a) of this Paragraph 4 do not take place within the time set forth or any extension thereof and the Bonds in an amount not exceeding the amount stated above are not sold within such time, the Borrower agrees that they will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at the Borrower's request or as a result or arising out of this Agreement including but not limited to the payment of attorney and other consultant fees arising from the execution of this Agreement and the performance by the Issuer of its -3- '89 09%22 12: 27 a 312 641 6263 CAF.LSUN AND HUG VOLUME LIV 642 obligations hereunder, and this Agreement shall thereupon terminate. IN WITNESS WHEREOF, the Issuer has entered into this Agreement by its officers thereupto duly authorized and the Borrower has executed the same as of the day of , 1989. (SEAL) ATTEST: City Clerk CITY OF ELGIN, ILLINOIS Mayor By FRANCINE PEELE By GORDON PEELS 07 643 VOLUME LIV REPORTS RECEIVED AND ORDERED PLACED ON FILE AS PUBLISHED Sales Tax Report for June, 1989 Public Works Report for August, 1989 Building Permit Report for August, 1989 Heritage Commission Minutes for August 14, 1989 Elgin Liquor Commission Minutes for September 6, 1989 Greater Downtown Elgin Commission Minutes for August 10, 1989 Committee of the Whole Minutes for September 13, 1989 Planning Committee Minutes for August 9, 1989 Land Use Committee Minutes for August 21, 1989 Land Use Committee Minutes for September 5, 1989 Planning Committee Minutes for September 7, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to place the aboe reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Walters made a motion, seconded by Councilwoman Popple to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. nThe meeting adjourned at 8:20 p.m. Marie Yearma , City Clerk VOLUME LIV October 11, 1989 644 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 11, 1989, at 8:10 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Reverend Martin Balzer, and the Pledge of Allegiance was led by City Manager Jim Cook. Mayor VanDeVoorde: As you all know, this will be the last meeting of the Elgin City Council that Jim Cook will attend. Although we have had three excellent city managers in a row (Bob Brunton, Leo Nelson and Jim Cook) this is the first time that we have experienced a amicable parting. When Jim accepted the position four years ago , he stated that he would be with us for three or four years. He is a man of his word. We regret that Jim and Martha will be leaving Elgin for Florida, but we are most appreciative of all that he has accomplished as City Manager. I will mention but a few of his successes because the list is very long. A new improved budget system,the Integrated Capital Budget, the Randall Road Tollway Intersection, miles of road repairs, neighborhood renewal support, new industrial development, Panasonic, and a long range master plan for water improvements. He has lead us into the explosive growth period that we are now in. He has prepared us for the future. Jim Cook is a real part of Elgin's future. We will miss his leadership. Thank you for a job well done. Rnr.r. ('AT.T. Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. 645 VOLUME LIV MINUTES OF THE SEPTEMBER 27, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilwoman Popple to approve the September 27, 1989 Council Minutes as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Presentation by the Spiritual Assembly of the Baha'is of Elgin: Lee Oswald, 774 Terrance Court: We wish to thank you for allowing us to address the assembly this evening, and our purpose in coming here is to present the Council with copies of books of the World Peace from the Universal House of Justice. In today's world we seem to be heading towards peace and at the same time we seem to be going backwards. This is will give us a new insight on different ways of achieving peace, not just the world but in our own community. We thank you for the opportunity to present this. Mayor VanDeVoorde: Thank you. BID AWARDED FOR POWDERED ACTIVATED CARBON Councilwoman Moylan made a motion, seconded by Councilman Fox to award this bid to the low bidder, American Norit Company, for a total amount of $234,000. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR THE CENTRAL ELGIN NEIGHBORHOOD CENTER PARKING LOT 355 DUNDEE AVENUE Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to the low bidder, Prime Construction Inc., of Hampshire, Illinois, in the amount of $38,469.50. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PLAYGROUND EQUIPMENT FOR LORD'S PARK AND OBSERVATORY PARK Councilwoman Shales made a motion, seconded by Councilman Gilliam to award this bid as follows: VOLUME LIV 646 1. To Miracle Recreation Equipment Co., for a total of $42,117.00 for all the Miracle playground equipment. 2. To J.E.M. Morris Construction Co., for a total amount of $55,723.35 for the complete installation of all playground equipment for the four locations at Lord's and Observatory Parks. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION S15-89 REQUESTING FINAL PLAT APPROVAL FOR WESTFIELD BUSINESS PARK - PLAT NUMBER 2, PROPERTY LOCATED WEST OF RANDALL ROAD BY CMD ELGIN ASSOCIATES - RETAINED ON TABLE PETITION S18-89 REQUESTING FINAL PLAT APPROVAL FOR COUNTRY TRAILS UNIT 2, PROPERTY LOCATED NORTH OF BODE ROAD, BY U.S. SHELTER - APPROVED Councilwoman Popple made a motion, seconded by Councilwoman Moylan to approve Petition S15-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: none. PETITION 70-89 REQUESTING A M-1 LIMITED MANUFACTURING DISTRICT SPECIAL USE FOR A PARKING LOT, PROPERTY LOCATED AT 1096 BLUFF CITY BLVD., BY FRANCISCO GOMEZ APPROVED Councilman Walters made a motion, seconded by Councilwoman Popple to approve Petition 70-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 75-89 REQUESTING A M-1 LIMITED MANUFACTURING DISTRICT USE FOR A RECREATIONAL BUILDING, PROPERTY LOCATED AT 1020 NORTH McLEAN BLVD., BY NORTHERN ILLINOIS FITNESS APPROVED Councilwoman Popple: North McLean shows right now it is almost three thousand cars over capacity. Once against we are getting ready to make an adjustment which will increase more traffic. I think we will create a problem there with Big Timber, then this line with Timber Drive, you are creating almost two intersections within a few feet of each other, separated by the commuter 647 VOLUME LIV lines, and I am just not going to go for anything that continues to pack traffic on a road that is clearly over capacity. I also question is this is the highest and best use of the land. Councilman Fox: I have a question about the parking, there is a major question as to whether they have 240 spaces and I was wondering if that had been resolved yet. According to the transcript that was going to be looked at. Roger Dahlstrom: After a review of the site plans, staff feels that the 240 parking spaces can be accommodated on the site. If the petition is approved it would be up to the petitioner to submit a site plan documenting that re -stripping to provide those spaces. It is listed as condition number 1. Carl Swanson, Petitioner: We anticipate most of the business that is anticipated will be after business hours, after the rush hours. It is not a rush hour type of traffic. Councilman Walters: I was concerned with, this is a signalized intersection which I think will provide some measure of control, but anyone coming up to the stop sign to make a left at the light will have difficulty. Councilwoman Moylan: I too, have previously voted against things on North McLean, but I think the use of cars is much preferable to the many semi's that used to come in and out of there so I will support this. Councilman Fox made a motion, seconded by Councilwoman Moylan to approve Petition 75-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. PETITION 72-89 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO 0 LIMITED OFFICE DISTRICT, PROPERTY LOCATED AT 1310 LARKIN AVENUE --- APPROVED Councilwoman Shales made a motion, seconded by Councilman Walters to approve Petition 72-89, subject to the Land Use Committee conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REQUEST TO HOLD A PUBLIC HEARING ON NOVEMBER 21, 1989 FOR A PROPOSED ANNEXATION AGREEMENT FOR PROPERTY LOCATED ON HIGHLAND AVENUE APPROVED Councilwoman Moylan made a motion, seconded by Councilwoman Popple to approve the November 21,1989 Public Hearing date. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 648 REQUEST TO HOLD A PUBLIC HEARING DATE OF NOVEMBER 8, 1989 FOR A PROPOSED ANNEXATION AGREEMENT FOR PROPERTY LOCATED WEST OF RANDALL ROAD AND NORTH OF BOWES ROAD BY ZALE 721, INC. - APPROVED Councilman Gilliam made a motion, seconded by Councilman Walters to approve the November 8, 1989 Public Hearing date. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REQUEST TO HOLD A PUBLIC HEARING DATE OF NOVEMBER 8, 1989 FOR A PROPOSED ANNEXATION AGREEMENT FOR PROPERTY LOCATED WEST OF RANDALL ROAD AND NORTH OF BOWES ROAD BY ZALE 721, INC. - APPROVED Mayor VanDeVoorde: I will note at this time that we did receive information from the South Elgin Fire Department. Tom Rolando, President of the Village of South Elgin: I am here tonight because the Village of South Elgin is extremely concerned over this proposed annexation. At this point you are agreeing to set a date for annexation hearing, and if you annex this to South Elgin, it will choke off any growth to South Elgin forever. We designated this in 1968 in our comprehensive plan, when the City of Elgin did not even have a comprehensive plan, as a matter of fact you still don't designate that map in your planning area. We feel very strongly this is an area that should end up in South Elgin. You all received a packet from me and I gave you a copy of a State Statute which says that we do have some rights. We are working on a intergovernmental agreement, but this will take a few weeks. Our concern is that once you set this public hearing date on November 8th, and this hearing is held, we have to look at the worst scenario. Could'nt you in fact, annex that on November 8th, if you all said yes. Jim Cook: The worst thing they could do is to close the hearing and set it for a subsequent meeting for both. That is the worst case scenario. The best case scenario would be, they can open the public hearing, move to continue the public hearing to a subsequent meeting, if you are making any progress on a boundary agreement during that period. They have no right to refuse a request from a petitioner to have a public hearing. They can continue that public hearing once the date has been set and advertised, and it does not require re -advertising, it is just a matter of continuing it, telling everybody it is continued, and holding it until such 649 VOLUME LIV time. They almost have to honor a petitioner's request for a public hearing. Mayor VanDeVoorde: What are our options. Jim Cook: You have a petition before you for a public hearing, I think you have to set a date for a public hearing at some reasonable time. Mayor VanDeVoorde: Can it be a date further down the road than suggested. Jim Cook: You could push it down to the meeting of November 21st, but I don't think you can push it to some date next year. There is nothing that forces the City to annex just because you hold the public hearing, and you have nothing but questionable comments from staff all the way up the line on the desireability of this. I think your safest legal process, to keep from getting sued, is to set the public hearing, when it comes up, if you have any grounds which, a boundry agreement would certainly be one, to continue the matter until the discussion - and you could continue it to 60 days, or some other number, and I would think you would be in a lot better condition than you are right now to delay setting it. You have continued public hearings a number of times, but you have never refused somebody's request to have a public hearing. Councilman Fox: I concur with what the City Manager says, one of my concerns is that at some point, we as a Council have to talk about growth, and which way we want to go, especially in areas which are outside our comprehensive plan. I would concur, lets have the public hearing, and then if we still have questions or concerns, and I am sure that we will, we can continue it. Mayor VanDeVoorde: I will vote yes to schedule this, but I will also support tabling the matter at that date to some further date, in consideration of hopefully ongoing talks between our two communities. I am only one persone here, but I will support that. Councilman Gilliam made a motion, seconded by Councilwoman Shales to approve the November 8, 1989 Public Hearing date. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 650 ORDINANCE PASSED RECLASSIFYING PROPERTY AT 301, 307 AND 313 LILAC LANE Councilman Walters: I think we have to take a hard look at a lot of things that are going on. If we look at something that we know is automatically going to go for a variation for 12 units, when it is 11 right now and the whole issue of parking comes up, the way that it is all set out, we are talking about building to the max, plus. In the same breath we are telling Zale, cut down your density, where is our consistency. I don't think we can deal out of both sides of our faces like this. We are saying it is ok, take this fill in area, build it out to the maximum, in an area that is already built out to the maximum, hit it hard, and then tell somebody else that is coming in you don't really have to do that. What kind of signal are we sending to Zales. I am going to vote no on this. Councilwoman Popple: On our last vote I asked about this because, because I am not opposed to the rezoning, I think the apartment zoning is appropriate, but at the last meeting I asked about variance, because I would not support that. If our vote allows this to go ahead and that variance is automatic, then I won't support it either, because I am concerned we are allowing something that I don't think is right. We are changing our ordinances to accommodate people, but I guess I need a clarification of how this will be handled. Roger Dahlstrom: Late this afternoon a decision from the Subdivsion Hearing was forwarded to my desk, and indicated denial of the variation. Now, the petitioner could seek appeal of that denial to the Land Use Committee, but it would require that additional process. Mayor VanDeVoorde: It is clear that if this Council passes this Ordinance that we are done with it and it can be appealed, but it would not be appealed to us. Councilwoman Shales: The problem is not so much with the rezoning, which is really the only thing before us. I don't have an objection to the rezoning, but I have an objection to the variance. Councilwoman Popple: Inasmuch as the variance would be out of our hands, I am going to vote against this even though I am in favor of the rezoning. I would rather see a petition come in for the straight rezoning with the appropriate density, than to have one come in and then we lose control of it. 651 VOLUME LIV Jim Cook: The problem is, the petition that you would get under any circumstances is the petition you have, which is for rezoning. The fact is that you have no way of controlling, unless it is a planned unit development, the number of units, except by the law that you passed, which says there will be a certain amount of space, there will be a certain amount of sideyards, and other things in this zoning. This petitioner has already told the Land Use Committee his plan, and have given them a site plan that says it is going to be 12 units, it is going to be built with garages, and paved area, and you have that in your transcript. They have already approved the zoning and he will be before them asking for the variance. There is no way under zoning law that you can vote that density question. The basic question you have is should it be multiple family or not. I think it is unfortunate that the petitioner is trying to get 12 units. I think it would be much more desirable if he would try to get 10 units. Dennis Dielow, petitioner: One of my options, when I heard today that I was denied the variance, is to go for an appeal, which would put this over to December 4th. I understand the Board's concern, and I think you understand my problem too. I gave this some thought this afternoon, and the worst thing is I could get by building the 11 unit building. I would also mean that I would have to cover the costs of what that would be from a cash flow situation. If the Council will give me the rezoning, I don't see why I can't work with the 11 units, and I will go on record stating that. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales and Mayor VanDeVoorde. Nays: Councilmen Gilliam and Walters. VOLUME LIV 652 Ordinance No. G83-89 AN ORDINANCE RECLASSIFYING PROPERTY AT 301, 307 AND 313 LILAC LANE WHEREAS, written application has been made to reclassify certain property located at 301, 307 and 313 Lilac Lane from 0 Limited Office District to R-4 General Residence District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the 0 Limited Office District and including in the R-4 General Residence District, the following described property: Lots 44, 45, and 46 of Town and Country Manor, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October I I, 1989 Passed: October 11, 1989 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: ck-5-L-�--�.�� s Marie Yearm& Marie Yearman, City Clerk RESOLUTION ADOPTED IN OPPOSITION TO PROPOSED ALIGNMENT OF FOX VALLEY EXPRESSWAY WEST OF STATE ROUTE 19 Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 653 VOLUME LIV RESOLUTION IN OPPOSITION TO PROPOSED ALIGNMENT OF FOX VALLEY EXPRESSWAY WEST OF STATE ROUTE 59 WHEREAS, it is in the best interests of the City of Elgin that the proposed Fox Valley Expressway be constructed; and WHEREAS, it has been proposed that said Fox Valley Expressway be constructed west of State Route 59 in the vicinity of the City of Elgin; and WHEREAS, the construction of the Fox Valley Expressway west of State Route 59 would adversely affect existing and planned development located west of State Route 59; and WHEREAS, the north -south arterial roadway known as Shales Parkway will be constructed in the near future west of State Route 59; and WHEREAS, the construction of the Fox Valley Expressway west of State Route 59 would result in a duplication of transportation service locally. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Clerk is hereby authorized and directed to mail certified copies of this resolution to the Secretary of the Illinois Department of Transportation, the Chicago Area Transportation Study and the Northeastern Illinois Planning Commission. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s Marie Yearnihn Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROVIDE FOR NEWLY ANNEXED PROPERTIES Councilman Gilliam made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. VOLUME LIV 654 Ordinance No. G84-89 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROVIDE FOR NEWLY ANNEXED PROPERTIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 6.06.040(B) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "B. Class AA. For the retail sale, on the premises specified, of alcoholic liquors primarily for consumption on the premises as well as other incidental retail sales of alcoholic liquors in original package for consump- tion off premises, $1,500.00. No new Class AA license shall be issued to any establishment after August 1, 1989. Provided, the foregoing limitation shall not apply to any establishment which is located on property involuntarily annexed to Elgin after June I, 1989 and which, at the time of such annexation, holds a current and valid county liquor license authorizing sales of alcoholic liquor for consumption on the premises as well as incidental retail sales of alcoholic liquor in original package for consump- tion off premises. Any Class AA license existing on August I, 1989 or which is issued to establishments located upon property involuntarily annexed to the city as described above and which is not revoked, may be renewed annually as provided herein. Provided, a Class AA license shall terminate, expire, cease to exist when it is revoked or not renewed or the business is sold." Section 2. That Section 6.06.080 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "E. Any applicant whose establishment is located on property involuntarily annexed to Elgin after June I, 1989 and who, at the time of such annexation, holds a current and valid county liquor license, shall have its initial license fee abated by an amount equal to the fee paid to the county for the license in effect on the date of annexation multiplied by the percentage of the license period remaining on such county license." Section 3. That any establishment which is located on property involuntarily annexed to Elgin after June I, 1989 and which, at the time of such annexation, holds a current and valid county liquor license authorizing the sale of alcoholic liquor at retail for consumption on premises after the hour of 1:00 a.m. on Monday through Friday, and 2:00 a.m. on Saturdays and Sundays may, upon payment of a fee of $600.00, continue to sell liquor at retail until 3:00 a.m. every day until January 2, 1990. Thereafter such establishments shall comply with the provisions of Section 6.06.140(B) regarding regarding hours of operation. Section 4. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. 655 VOLUME LIV Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Passed: October 11, 1989 Vote: Yeas 6 Nays 1 Recorded: Pub I i shed: �Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH VAN DE DEN BERGH FOODS COMPANY Councilman Gilliam made a motion, seconded by Councilman Walters to remove this issue from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Jim Cook: Mr. Van Wort is here, and Wayne you have materials on the rendering for the attachment. Wayne Van Wort: The first rendering you have is the overall site plan, next the West elevation and overall west elevation, the North elevation, South elevation and East elevation, the floor plan for Area "A", the Floor Plan Area "B". Mayor VanDeVoorde: One thing I don't see tonight and we are all concerned with, is what kind of an appearance will this give us in that area, what are you going to do to beautify it. Wayne Van Wort: Well, I thought we have had covered the details of that two sessions ago. There would be a 8 foot setback which would be fully landscaped with trees and shrubs. For security reasons we would have to enclose the property with some kind of a fence. VOLUME LIV 656 Councilwoman Moylan: I had asked you, when we were looking at the zoning, what kind of a fence are you planning on putting up, I am very concerned about that. Mr. Van Wort: If it would be our first choice, based on security, we would use as we have in our other facilities, a chain link fence. You had voiced your position that was not the top one on your list. I think that sometime in the future we can sit down and try to get together on what that is. I would most interested to know what the City Council's opinion is on that from the standpoint of time and so that we could have some discussions. Security of course is first and foremost, but we do want to work with you to come up with something that is equitable for the two parties. Councilwoman Moylan: That is critical to me. There has been a great deal of ugliness there and it will adjoin a city park, it will show very clearly from the other side of the river, so some kind of an attractive fence that takes into account your security, should be installed. I do think we need to work on that so that it meets both of our needs. Councilman Fox: At our last meeting I expressed some concern about that ten year limit on the right to first purchase, and sense rather obviously, that the majority of the Council does not feel that is a significant issue, and I do concur with the other stipulations, with split, structure and layout, so I am going to support this and vote for it, but I just wanted to go on record saying that I would still like to see that ten year extended. Councilwoman Popple: I will stay with my vote, but it is based upon the ten year clause. Councilwoman Moylan made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. 657 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH VAN DEN BERGH FOODS COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Van Den Bergh Foods Company, a Division of Lever 3rothers Company, a Maine corporation, for the development of the premises commonly known as 119 North State Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 27, 1989 Adopted: October 11, 1989 Vote: Yeas 6 Nays 1 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED PROTESTING AND OBJECTING TO THE APPLICATION OF THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY TO CONSTRUCT AND OPERATE A REGIONAL POLLUTION CONTROL FACILITY (BALEFILL) Councilman Fox made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 658 RESOLUTION PROTESTING AND OBJECTING TO THE APPLICATION OF THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY TO CONSTRUCT AND OPERATE A REGIONAL POLLUTION CONTROL FACILITY (BALEFILL) WHEREAS, the Solid Waste Agency of Northern Cook County (SWANCC) has filed an application with the Illinois Environmental Protection Agency (IEPA) for a development permit for a regional pollution control facility; and WHEREAS, this application proposes to locate a massive regional pollution control facility on a 400 acre site immediately adjacent to the boundaries of the City of Elgin; and WHEREAS, applicant proposes to utilize this regional pollution control facility for the disposal of municipal waste generated in communities located at great distances from the site; and WHEREAS, SWANCC has previously petitioned the IEPA for a development permit for this site, which petition was rejected by the IEPA after extensive hearings and presentations of testimony and evidence based upon serious environmental concerns; and WHEREAS, almost immediately upon such rejection, SWANCC filed an amended application for a development permit for the same site without addressing or correcting serious environmental problems identified by the IEPA when they rejected SWANCC's original application; and WHEREAS, the site is located immediately over a shallow aquifer commonly known as the Newark Valley Aquifer, which supplies drinking water to the residents and communities within the vicinity; and WHEREAS, locating the regional pollution control facility over and within the Newark Valley Aquifer would create an extreme danger to the public health, safety and welfare and could result in the permanent loss of this valuable resource; and WHEREAS, there currently exist five landfills within one mile of the proposed site which have placed increasing strain on the natural environment and the water resources of the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby protests and objects to the application of the Solid Waste Agency of Northern Cook County to construct and operate a regional pollution control facility on the subject property. The pending application, which is substantially identical to the prior application of SWANCC which was rejected by the IEPA, should likewise be rejected. The proposed regional pollution control facility would create a serious and permanent health hazard to the residents of the City of Elgin and its environs resulting in the inevitable pollution of area groundwater. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to transmit a copy of this resolution to the IEPA. s/ George VanDeVoorde George VanDeVoorde, Mayor C •7 VOLUME LIV Presented: October 11,1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING ORDINANCE NO. G83-88 GRANTING A SPECIAL USE FOR A NURSING HOME Councilman Gilliam made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV ..1 Ordinance No. G85-89 AN ORDINANCE AMENDING ORDINANCE NO. G83-88 GRANTING A SPECIAL USE FOR A NURSING HOME BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 2 of Ordinance No. G83-88 entitled "An Ordinance Reclassifying Property at 1950 Larkin Avenue and Granting a Special Use for a Nursing Home" passed November 30, 1988, be and is hereby amended to read as follows: "Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a nursing home, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: I. Compliance with the off-street parking ordinance and the terms and conditions of a Declaration of Restrictions limiting the use of the Blue Moon Restaurant. 2. Provide the City of Elgin an easement for access to the well site located immediately north and adjacent to the subject property. 3. Substantial conformance with the site plan prepared by Elk Grove Engineering Company dated July 21, 1989. 4. Compliance with all other applicable codes and ordinances." Section 2. That, except as amended herein, Ordinance No. G83-88 remains in full force and effect. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Passed: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Marie Yea%inan Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 664 SHERMAN AVENUE Councilman Gilliam made a motion, seconded by Councilman Fox to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 661 VOLUME LIV Ordinance No. G86-89 AN ORDINANCE RECLASSIFYING PROPERTY AT 664 SHERMAN AVENUE WHEREAS, written application has been made to reclassify certain property located at 664 Sherman Avenue from B-1 Community Business District to R-2 Single Family Residence District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the B-1 Community Business District and including in the R-2 Single Family Residence District, the following described property: The East 70.4 feet of Lot 3 in Block II of the Subdivision of Block X of Sherman's Addition to Elgin, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Passed: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF KANE Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 662 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF KANE 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 with the County of Kane for grant monies for the redevelopment of the Woodruff & Edwards Foundry site, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11,1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/Marie Yearvvman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNION BANK AND TRUST AND THE NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 663 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNION BANK AND TRUST AND THE NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. BE 1T 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 an Agreement for the Elgin Neighborhood Housing Services Home Improvement Loan Program on behalf of the City of Elgin with the Union Bank and Trust and the Neighborhood Housing Services of Elgin, Inc. for a home improvement loan program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE FIRST NATIONAL BANK OF ELGIN AND THE NEIGHBORHOOD HOUSING SERVICES OF ELGIN. INC. Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales,, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 664 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE FIRST NATIONAL BANK OF ELGIN AND THE NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. 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 an Agreement for the Elgin Neighborhood Housing Services Home Improvement Loan Program on behalf of the City of Elgin with the First National Bank of Elgin and the Neighborhood Housing Services of Elgin, Inc. for a home improvement loan program, a copy of which is attached hereto and made a part hereof by reference. S / GeClYgP VAnn,-NInn-rde George Va6DeVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays p Recorded: Attest: Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoord. Nays: None. 665 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE 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 with the County of Kane regarding access restrictions to Randall Road between the Northwest Tollway and Hopps Road, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LETTER OF AGREEMENT WITH ELGIN COMMUNITY COLLEGE Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV • • RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF AGREEMENT WITH ELGIN COMMUNITY COLLEGE 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 Letter of Agreement on behalf of the City of Elgin with Elgin Community College for the utilization of the Elgin Sports Complex parking lot for truck driving training classes, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST CONSULTING, ENGINEERS, INC. Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 667 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST CONSULTING ENGINEERS, INC. 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 with Midwest Consulting Engineers, Inc. for Phase II engineering services for the National Street bridge over the Fox River, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST CONSULTING ENGINEERS, INC. Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV C:r:1:3 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST CONSULTING ENGINEERS, INC. 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 with Midwest Consulting Engineers, Inc. for Phase II engineering services for the Wing Park bridges over Tyler Creek, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s1 Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (409 Willard/ 804 Villa Street) Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (409 Willard Avenue/804 Villa Street) 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 Real Estate Sales Contract on behalf of the City of Elgin with Salvador Canales and Maria Canales, for the property commonly known as 409 Willard Avenue/804 Villa Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. George Van eVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (FOX LANE) Councilman Gilliam made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. • VOLUME LIV 670 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (Fox Lane) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication prepared by John T. Burnidge, an Illinois Land Surveyor, and dated September 6, 1989, for a public street for the property legally described as follows: That part of the West Half of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: A 70.00 feet, measured perpendicular, wide strip of land, lying East of the easterly right of way line of Randall Road as established by Document No. 576568 and lying West of the North South center line of said Section 32, the center line of which is described as follows: Commencing at the Northwest corner of the Southwest quarter of said Section 32; thence South 01 degree 41 minutes 39 seconds West, along the West line of said Southwest quarter, a distance of 433.03 feet; thence South 88 degrees 18 minutes 23 seconds East, parallel with the North line of said Southwest quarter, a distance of 33.00 feet to the said easterly right of way line of Randall Road for the point of beginning of said described center line; thence continuing South 88 degrees 18 minutes 23 seconds East, a distance of 2010.63 feet; thence northeasterly, along a curve to the left, tangent to the last described course, having a radius of 200.00 feet, an arc distance of 156.27 feet; thence North 46 degrees 55 minutes 32 seconds East, tangent to the last described curve, a distance of 450.15 feet; thence northeasterly, along a curve to the right, tangent to the last described course, having a radius of 200.00 feet, an arc distance of 156.27 feet to the center of said Section 32 for the terminus of said described line. Being situated in the City of Elgin, Kane County, Illinois and containing 4.46 acres more or less. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 11, 1989 Adopted: October 11, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk 671 VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $ 38,006.25 Sept. 1 - Sept. 15 refuse fees.. D. H. Martin 6,656.25 Gasoline purchases. Jaime Gonzalez 37,000.00 Settlement of Gonzales v. City of Elgin. Councilman Gilliam made a motion, seconded by Councilwoman Popple to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REPORTS RECEIVED AND ORDERED PLACE ON FILE AS PUBLISHED Transportation Report for August, 1989 Hemmens Advisory Board Minutes for August 24, 1989 Elgin Metropolitan Exposition Auditorium & Office Building Authority Minutes for July 24, 1989. Land Use Committee Minutes for September 18, 1989 Building Permit Report for September, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox to placew the above report on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Fox made a motion, seconded by Councilwoman Moylan to adjourn the meeting to go into Executive Session to discuss personnel, litigation and land acquisition. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ,QThe meeting /adjourned at 9:10 p.m. Marie Yearma City Clerk VOLUME LIV October 25, 1989 672 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 25, 1989, at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Dr. Willis A. Reed, and the Pledge of Allegiance was led by Councilman Fox. RnT,T, CAT,T, Roll call was answered by Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: Councilman Gilliam. MINUTES OF THE OCTOBER 11, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilman Walters to approve the October 11, 1989 Council Minutes as published. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Citizen's Award Proaram The following citizens were recognized before the City Council for their efforts in crime prevention: Tom Hoppe Dale Garrelts John Ryan Keri Flanagan Ronald Decker Bill Turner Scott Grant Charles Dittman Glenn Traub Timothy Lathrop Scott Richardson Mike Termini Jayne Thorne Bruce Anderson Diane Hosey Keith Wright Melissa Wright 673 VOLUME LIV Officer Mike Turner stated these individuals are responsible for 18 Felony Arrests, 8 Misdemeanor Arrests, and over 205 hours of volunteer service to the Community. The Mayor and Council expressed their appreciation, and congratulations I for a job well done. BID AWARDED FOR RENOVATION OF THE NEIGHBORHOOD HOUSING SERVICES' OFFICE AT 205 NORTH GIFFORD ST. Councilman Fox made a motion, seconded by Councilwoman Popple to award this bid to the sole bidder, A.R. Bex & Sons, Inc., for a total amount of $142,970.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR HIGH SERVICE PUMP • AND WATERMAIN Councilwoman Moylan made a motion, seconded by Councilwoman Shales to award this bid to Advance Mechanical Contractors, Inc., for a total amount of $171,900.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR RENOVATION OF PARKWAY TREES Councilwoman Popple made a motion, seconded by Councilwoman Shales to award this bid to the low bidder, Fowler Tree Surgery Company, in the total amount of $23,565.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR COMPUTER EQUIPMENT Councilman Walters made a motion, seconded by Councilman Fox to award this bid to Computer Land of West Dundee for a total amount of $8,705.00. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION 515-89 REQUESTING FINAL PLAT APROVAL FOR WESTFIELD BUSINESS PARK - PLAT NUMBER 2, PROPERTY LOCATED WEST OF RANDALL ROAD, BY CMD ELGIN Councilwoman Popple made a motion, seconded by Councilman Walter to remove Application S15-89 from the table. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 674 Tom Armstrong: Today staff received an agreement from the CMD Corporation, concerning the issue of extending a second waterline along the west property line of Lot 27. Basically the agreement states that they will provide a 15 foot easement on the west property line and that they will construct a 12 inch watermain within that 15 foot easement, at the time of construction of the fourth building proposed on the Visa site. In turn, the City would prepare a reimbursement ordinance, which would require that at such time as the properties west of Lot 27 are developed, those developers or property owners would be responsible for reimbursement to CMD for half the cost of that 12 inch watermain. In the event that watermain would be constructed by someone other than CMD, CMD or any other adjoining property owners, who utilize that waterline, would also be responsible for reimbursement. Finally, the agreement provides that at the time of construction of the buildings, it is determined that the watermain is not needed to support the construction of that building, CMD would not be responsible for extending the waterline. This agreement has been reviewed by the Planning Department, Engineering Department, and the Legal Department. Staff has requested two modifications to the agreement: (1) to correct a typo, (2) To add a statement that this agreement is needed to induce the City to approve Westfield Business Plat Number 2. Councilwoman Moylan made a motion, seconded by Councilman Walters to approve Application S15-89, with the recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S19-89 REQUESTING FINAL PLAT APPROVAL FOR COLLEGE GREEN UNIT 6, PROPERTY LOCATED WEST OF SOUTH McLEAN BOULEVARD, BY PULTE HOMES Councilman Fox: Are there sidewalks in here. Tim Hernandez: No, this is the townhouse area where we have the six foot pathways throughout the development. Councilman Fox: Have we approved the sidewalk thing before. Mayor VanDeVoorde: That is not clear to me either. The Council has considered the policy of sidewalks and it has been our determination on all developments to have sidewalks, on other sides of the streets, I guess our question is, does this meet that need. 675 VOLUME LIV Tom Armstrong: College Green Subdivision was approved in the preliminary stage with the system of pathways. The is the next to last unit in the subdivision. There are other areas that are being developed with the townhouse pathway system that have already been approved, so this is simply connecting into something that has already been approved. Councilwoman Shales made a motion, seconded by Councilwoman Popple to approve Application S19-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilmen Fox. PETITION 66-89 REQUESTING A REZONING FROM O LIMITED OFFICE DISTRICT TO B-1 COMMUNITY BUSINESS DISTRICT, PROPERTY LOCATED AT 596 N. McLEAN BOULEVARD BY ROBERT P. ABATE Councilwoman Popple: As I have said before I am not going to approve any rezoning density on a road that is already over - utilized. I think this intersection is dangerous as it is, the traffic counts are old, and to go from O to B-1 intensifies the use, so I will be voting against it. Councilwoman Shales: I also will be voting against it, I think the shared parking is too iffy. I think the O, as it is already, is the most that area could take. Councilman Walters: The traffic counts and traffic that we have on North McLean at that location I can't possibly see this. If traffic could be funneled down to the next intersection, but I don't know if that is even possible based on the ownership of the property. Councilwoman Popple: I will make a motion to approve just to get it on the table. Councilwoman Moylan: Just to get it on I will second it. Yeas: None. Nays: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. PETITION 69-89 REQUESTING A R-4 GENERAL RESIDENCE DISTRICT SPECIAL USE FOR A PUD PROPERTY LOCATED AT 55 NORTH WILLARD AVE. Councilman Fox made a motion, seconded by Councilman Walters to approve Petition 69-89, subject to the Land Use Committee recommendations. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 676 PETITION 82-89 REQUESTING AN AMENDMENT TO ORDINANCE NO. G34-84 WHICH GRANTED A SPECIAL USE FOR A SANITARIUM, TO ALLOW FOR THE INC- REASED CAPACITY OF THE RESIDENTIAL TREATMENT PROGRAM AND DAY SCHOOL PROGRAM, PROPERTY LOCATED AT 600 VILLA STREET BY FOREST HEALTH SYSTEMS, INC. Councilman Walters made a motion, seconded by Councilman Fox to approve Petition 82-89, subject to the Land Use Commission recommendations. Yeas: Councilmen Fox, Moylan, Popple, Walters and Mayor VanDeVoorde. Nays: None. Abstain: Councilwoman Shales. PETITION 83-89 REQUESTING A REZONING FROM B-2 COMMUNITY BUSINESS DISTRICT TO R-4 GENERAL RESIDENCE DISTRICT, PROPERTIES LOCATED AT 314,320,322,326,350,358,301, 305,307,311,317,321,325 AND 327 EAST CHICAGO STREET, AND 12 S. CHAPEL AND 15 N. CHAPEL - TABLED FOR 2 WEEKS Councilwoman Popple made a motion, seconded by Councilwoman Shales to table Petition 83-89 for two weeks. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR A RECREATIONAL BUILDING Councilman Fox made a motion, seconded by Councilman Walters to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. 677 VOLUME LIV Ordinance No. G90-89 AN ORDINANCE GRANTING A SPECIAL USE FOR A RECREATIONAL BUILDING WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a recreational building at 1020 North McLean Boulevard; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a recreational building at 1020 North McLean Boulevard, Elgin, Illinois, legally described as follows: That part of the Northwest Quarter of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the center line of Sleepy Hollow Road with a line drawn parallel with and 50 feet northerly of, measured at right thereto, the center line of the main track of the Chicago and North- western Railway Company as said track was located on April 12, 1971; thence North 79 degrees 56 minutes West along said parallel line 740 feet to the easterly line extended southerly of premises conveyed to Chicago and Pacific Railroad Company, by deed recorded December 27, 1892 in Book 321, Page 304 as Document 527; thence North 0 degrees 55 minutes East along the extension of and the easterly line of said premises, 189.1 feet to the southerly line of premises conveyed to said Chicago and Pacific Railroad Company, by deed recorded December 16, 1876 in Book 164, Page 575 as Document 1 17; thence South 89 degrees 05 minutes East along said southerly line, 725.80 feet to the center line of said Sleepy Hollow Road; thence South along said center line, 307 feet to the point of beginning, in the City of Elgin, Kane County, Illinois." be and is hereby granted subject to the following conditions: I. Substantial conformance with the revised Valley Business Centre site plan, dated September 20, 1989. 2. Conformance with the petitioner's statement. 3. Compliance with all other applicable codes and ordinances. VOLUME LIV 678 Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Georae VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Passed: October 25, 1989 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Barbara Milliken, Route 1, Elgin., representing the League of Women Voters: Is this a public hearing for additional funds to NHS. Mayor VanDeVoorde: Yes. Barbara Milliken: The League opposes the allocation of the $96,000 of CBDG funding for the 205 North Gifford project proposed by NHS. Our opposition stems from several points. NHS and the CBDG program have concurrent goals, among others their goals is providing housing, and preventing deterioration of affordable housing for low and moderate income persons. We believe the Gifford Street project does not implement these goals. The cost of the project is prohibitive considering the end use, an office and one two -bedroom apartment. Who from low income moderate means could afford to live there. NHS' house on Chicago Street was supposed to be a model for its neighborhood and the Courier News stated it cost approximatey $130,000 and it will only receive approximately $100,000 when sold. • VOLUME LIV We believe this project and the Chicago Street project sends mixed signals to the community and the neighborhood. It says rehab or restore, but don't expect to recoup your investment, unless you use tax dollars. Secondly, it also says to low and moderate income persons stay out of this area. We suggest that the house on Chicago Street be sold now and those funds used for Gifford Street, instead of additional CBDG funding. Councilwoman Moylan: Has the League of Women Voters voted on this at a meeting and discussed this. Barbara Milliken: Our League has, since the inception of the CBDG program, prepared programs for CBDG funding. We supported NHS funding with the idea that any funds would be used to improve low and moderate income person housing. This position that we are taking tonight falls under that position. Several Board Members have concurred by telephone and there is another Board Member here this evening. Walter Garrett, 825 Forest Avenue: I was an original member of NHS Board, left that position because of the excessive costs for the current house, which is going to lose a considerable amount of money, and I am opposed to allocating the funds for the development on Gifford. Mary Ann Nelson, President of NHS: The sale of the current house will provide funds that will go back to reimburse these funds, so this is only a temporary use of these funds. We need to have a new office, we can't sell the current house until we rehab the house we have chosen to rehab. One of the ,goals of NHS is to improve neighborhoods, this building was a sore spot in that neighborhood. It was a boarding house and had four pages of codes. Because of the cost in improving it, I do not think we would find a private investor to fix it up. Without a private investor to fix it up, it serves as an excuse for everybody else in the neighborhood not to fix it up. A majority of the residents in the neighborhood and they are very much in favor of this house being fixed up. Councilwoman Shales made a motion, seconded by Councilman Fox to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 13-131] RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title I of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of general purpose local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that the rebudgeting of certain Community Development Block Grant Program funds will provide additional funding for an approved Community Development Block Grant Program activity benefitting low and moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Manager is authorized to rebudget certain Community Development Block Grant Program funds as identified in the attached Budget Modifica- tions. Section 2. That the City Manager is hereby authorized to execute and file docu- ments for the budgeting of said funds with the U.S. Department of Housing and Urban Affairs. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION EXECUTION OF AN AGREEMENT WITH METCALF & EDDY Councilwoman Moylan made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 681 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METCALF & EDDY, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Metcalf & Eddy, Inc. for engineering services in connection with the permit application of Safety-Kleen Corp. to operate a recycle center, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED DETERMINING THAT AMOUNTS OF MONEY ESTIMATED TO BE NECESSARY TO BE RAISED BY TAXATION UPON TAXABLE PROPERTY IN THE CITY OF ELGIN AND PROVIDING FOR NOTICE AND A PUBLIC HEARING THEREON Councilman Fox: I want to make a general comment here that though I understand the reason to hold the public hearing, or to at lease hold our options open, it would suit me fine not to even take out Option one and leave it, because given the proposed budget that we have seen, and the suggested numbers that we have seen, I can't support any increase over the limit that would require this public hearing. If it is just me and not my intention and not the rest of the Councils, this is going to create a lot of consteration in the community. I understand that it is just an option, although I am not sure that is how it is going to be publicy perceived, and I think that if we are doing this just for that reason, but none of us have any intention of increasing the taxes over the 4.9%, then I don't think we ought to hold the public hearing and instill that thought. Councilman Walters: I have never supported an increase over that 4.9, but we have not yet seen any budget numbers. I think we cannot in good conscience to this community, or the needs of this community foreclose the opportunity to at least examining the question. VOLUME LIV 682 I think we owe it to the community to at least be able to take a look at what the situation is. Councilwoman Moylan: I am voting to leave the option open. Councilwoman Popple made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Moylan, Popple, Shales and Walters. Nays: Councilman Fox and Mayor VanDeVoorde. 683 VOLUME LIV RESOLUTION DETERMINING THAT AMOUNTS OF MONEY ESTIMATED TO BE NECESSARY TO BE RAISED BY TAXATION UPON TAXABLE PROPERTY IN THE CITY OF ELGIN AND PROVIDING FOR NOTICE AND A PUBLIC HEARING THEREON WHEREAS, the Truth in Taxation Act provides that if the ad valorem property tax levy for the current year is estimated to exceed 105% of the extension for the prior year, a public hearing shall be held after notice in the manner required by the Act; and WHEREAS, it is necessary and desirable to determine whether the proposed 1989 tax levy is less than 105% of the 1988 property tax levy as extended; and WHEREAS, the City Council of the City of Elgin has reviewed the 1988 property tax levy as extended and the 1989 property tax levy as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That it hereby finds and determines that the 1988 ad valorem property tax levy excluding debt services as extended was $7,774,210 against taxable property in the City of Elgin. 2. That it hereby finds and determines that the amounts of money extended estimated to be necessary to be raised by ad valorem taxation upon taxable property in the City of Elgin for the year 1989 is $ R, 3s3.,79g 3. That it hereby finds and determines that the amounts of money estimated to be necessary to be raised by taxation upon taxable property for the year 1989 is in excess of 105% of the amount of ad valorem property tax extended for the year 1988 against taxable property in the City of Elgin. 4. That a public hearing shall be held on November 8, 1989 at 8:00 p.m. in the City Council Chambers, 150 Dexter Court, Elgin, Illinois, concerning the 1989 property tax levy. 5. That the City Clerk shall cause publication of a notice of said public hearing to be made in a newspaper of general circulation published in the City of Elgin in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 4 Nays 2 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk VOLUME LIV 684 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $33,380.70 Sept. 16-Sept.30 refuse charges. Elgin Convention Bureau 17,000.00 Fourth/quarter advance. Seyfarth, Shaw, et al. 7,016.80 For legal services. U.S. Post Office 5,978.00 Postage for Elgin Spirit. R.V. Norsen & Associates 8,853.33 Services re $2,500,000 bond issue. Emro Marketing 17,500.00 Acquisition of right-of-way for Big Timber improvements. Larry Neal 258 Moseley 5,052.50 Residential Rebate Program. Daniel Palomar & Goldstein 20,000.00 Settlement of Palomar v. City of Elgin. Councilman Fox made a motion, seconded by Councilwoman Popple to approve the aforementioned payments. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED CONCURRING IN THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY ON BEHALF OF FLENDER CORP. IN AN AMOUNT NOT TO EXCEED $5,000,000. Councilwoman Moylan made a motion, seconded by Councilman Walters to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 685 VOLUME LIV RESOLUTION CONCURRING IN THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY ON BEHALF OF FLENDER CORPORATION IN AN AMOUNT NOT TO EXCEED $5,000,000 WHEREAS, the Illinois Development Finance Authority has heretofore approved a Memorandum of Agreement to issue industrial revenue bonds on behalf of Flender Corporation in an amount not to exceed $5,000,000; and WHEREAS, Flender Corporation will use the proceeds of the bond issue to construct a new manufacturing facility and a 4,888 square foot addition and to purchase and install machinery and equipment at 950 Toll Gate Road, 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 Flender Corporation in an amount not to exceed $5,000,000 for the purpose of constructing a new manufacturing facility and a 4,888 square foot addition and to purchase and install machinery and equipment at 950 Toll Gate Road, Elgin, Illinois. BE IT 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED CONCURRING IN THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY ON BEHALF OF MARISON INDUSTRIES, INC. IN AN AMOUNT NOT TO EXCEED $4,325,000 Councilman Fox made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV .:. RESOLUTION CONCURRING IN THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY ON BEHALF OF BARCO, A DIVISION OF MARISON INDUSTRIES, INC. IN AN AMOUNT NOT TO EXCEED $4,325,000 WHEREAS, the Illinois Development Finance Authority has heretofore approved a Memorandum of Agreement to issue industrial revenue bonds on behalf of BARCO, a Division of Morison Industries, Inc. in an amount not to exceed $4,325,000; and WHEREAS, BARCO, a Division of Morison Industries, Inc. will use the proceeds of the bond issue to construct an 85,000 square foot manufacturing facility in Big Timber Industrial Park at Randall Road and Big Timber Road, Elgin, Illinois, and to purchase machinery and equipment to manufacture engineered piping products in the facility; 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 1T 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 BARCO, a Division of Morison Industries, Inc. in an amount not to exceed $4,325,000 for the purpose of constructing an 85,000 square foot manufacturing facility in Big Timber Industrial Park at Randall Road and Big Timber Road, Elgin, Illinois, and to purchase machinery and equipment to manu- facture engineered piping products in the facility. BE IT 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. G / nenrae VannPVnnrdP George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 1310 LARKIN AVENUE Councilwoman Shales made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 687 VOLUME LIV Ordinance No. G91-89 AN ORDINANCE RECLASSIFYING PROPERTY AT 1310 LARKIN AVENUE WHEREAS, written application has been made to reclassify certain property located at 1310 Larkin Avenue from R-2 Single Family Residence District to O Limited Office District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the R-2 Single Family Residence District and including in the O Limited Office District, the following described property: Lot 12, except the North 22.61 feet in width thereof, and all of Lots 13, 14, and 15 in Block 8 of Theo. F. Swan's Subdivision of part of the East Half of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois." said rezoning being subject to the following conditions: I. Access to Larkin Avenue shall be limited to a point near the eastern lot line of the property. Access to McLean Boulevard shall be limited to a right out only, at a point near the northern lot line of the property. 2. Compliance with all other applicable codes and ordinances. Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: October 25, 1989 Passed: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk N:Z:3 ORDINANCE PASSED GRANTING A SPECIAL USE FOR A PARKING LOT Councilwoman Shales made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 689 VOLUME LIV Ordinance No. G92-89 AN ORDINANCE GRANTING A SPECIAL USE FOR A PARKING LOT WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a special use for a parking lot at 1096 Bluff City Boulevard; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a parking lot at 1096 Bluff City Boulevard, Elgin, Illinois, legally described as follows: Lots 32, 33, and 34 in Block 3 in Ludlow and Stelford's Addition to Elgin, being a subdivision of the Southeast Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, in the City of Elgin, Cook County, Illinois. be and is hereby granted subject to the following conditions: I. Substantial conformance with the site plan prepared by Marvin Joseph, dated February 10, 1989. Site improvements to include two trees and one hundred percent screening along the north property line. 2. The off-street parking lot shall be used exclusively for the parking of passenger vehicles or other vehicles necessary for the use served; and shall not be used for the storage of other types of equipment or materials. 3. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV I Presented: October 25,1989 Passed: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COUNTRY TRAILS UNIT 2 Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 691 VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR COUNTRY TRAILS UNIT 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Morrison Surveying Co., Inc. dated August 14, 1989 for Country Trails Unit 2. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED DECLAING FIRE DAMAGED PROPERTY TO BE A PUBLIC NUISANCE (266-290 Beverly Terrace) Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV [ •YA RESOLUTION DECLARING FIRE DAMAGED PROPERTY TO BE A PUBLIC NUISANCE (266-290 Beverly Terrace) WHEREAS, the property hereinafter described was developed with a 12 unit apart- ment building; and WHEREAS, this structure was extensively damaged by fire on September 15, 1988, including damage to interior walls, floors and ceiling as well as damage to the electrical, heating and plumbing system and structural damage to the building itself; and WHEREAS, as a result of this fire, the property was vacated and has remained vacant and unoccupied; and WHEREAS, said premises are dangerous and unsafe and constitute 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 take any actions to restore or repair the building; 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 1981 and 1985 suits seeking the demolition of the structure 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 building located on the property legally described as: That part of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Lots 4, 5, 6 and 7 in Kenilworth Oaks, being a subdivision in the City of Elgin, Cook County, Illinois (property commonly known as 266-290 Beverly Terrace). 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 demolishing or repairing the structure located upon the above described property within fifteen (15) 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. 693 VOLUME LIV 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 structure described above in accordance with the provisions of Section 11-31-1 of Chap- ter 24 of the Illinois Revised Statutes. s/George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPART- MENT OF TRANSPORTATION AND KANE COUNTY Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 694 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an Addendum to the Joint City--County--State Agreement on behalf of the City of Elgin with the State of Illinois Department of Transportation and the County of Kane, for the improvement of Big Timber Road from State Street to McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays p Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED PROVIDING FOR THE TRANSFER OF BIG TIMBER ROAD IN ELGIN TO THE MUNICIPAL STREET SYSTEM Councilwoman Shales made a motion, seconded by Councilwoman Popple to pass the aforementioned Ordinance. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 695 VOLUME LIV Ordinance No. G93-89 AN ORDINANCE PROVIDING FOR THE TRANSFER OF BIG TIMBER ROAD IN ELGIN TO THE MUNICIPAL STREET SYSTEM WHEREAS, the County of Kane and the City of Elgin under date of October 25, 1989, entered into an agreement for transfer of jurisdiction of Big Timber Road to the municipal street system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the improvement of Big Timber Road from State Street (Illinois Route 31) to McLean Boulevard within the city limits be added to the municipal street system. Section 2. That the City Clerk is directed to forward a certified copy of this ordinance to the State of Illinois through its District Engineer's Office at 201 West Center Court, Schaumburg, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Passed: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROPRIATING FUNDS FOR BIG TIMBER ROAD IMPROVEMENT Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV .•. RESOLUTION APPROPRIATING FUNDS FOR BIG TIMBER ROAD IMPROVEMENT WHEREAS, the City of Elgin has entered into an agreement with the State of Illinois for the improvement of Big Timber Road from State Street to McLean Boulevard (F.A.U. Route 1302, Section 83-00128-00-WR, and Project Number M-5293(9); and WHEREAS, in compliance with the aforementioned agreement, it is necessary for the City to appropriate funds to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby appropriated the sum of $311,250, or so much thereof as may be necessary, to pay its share of the cost of this improvement as provided in the agreement. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: Marie Yearman, City Clerk RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH DONOHUE & ASSOCIATES FOR DESIGN SERVICES Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. • j7 VOLUME LIV RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH DONOHUE & ASSOCIATES, INC. FOR DESIGN SERVICES WHEREAS, the City of Elgin has heretofore entered into a contract with Donohue & Associates, Inc. for design services at the Lyle Avenue Booster Station, Big Timber Watermain and Randall Road Tower; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. I, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. I, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING WAYNE M. JENSEN AS SPECIAL COUNSEL FOR PURPOSE OF PROPERTY ACQUISITION IN THE DUNDEE- SUMMIT TAX INCREMENTAL FINANCING DISTRICT Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV RESOLUTION APPOINTING WAYNE M. JENSEN AS SPECIAL COUNSEL FOR PURPOSE OF PROPERTY ACQUISITION IN THE DUNDEE-SUMMIT TAX INCREMENTAL FINANCING DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Wayne M. Jensen be and is hereby appointed as special counsel for the City of Elgin for the purpose of property acquisition in the Dundee -Summit tax increment financing district. BE IT FURTHER RESOLVED that compensation for legal services provided by Wayne M. Jensen shall be paid at the rate of $100 per hour. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 251, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. WE VOLUME LIV RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION WHEREAS, representatives of the City of Elgin and representatives of the Service Employees International Union have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and the effected employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the proposed agreement by the City of Elgin and the Service Employees International Union, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Larry L. Rice, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute said agree- ment on behalf of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 700 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Nancy Epping be and is hereby reappointed as a member of the Elgin Area Conven- tion and Visitors Bureau for a term to expire December 31, 1992. BE IT FURTHER RESOLVED that Fern S. Risley be and is hereby appointed as a member of the Civil Service Commission for a term to expire May I, 1991. BE IT FURTHER RESOLVED that Fred Shaw be and is hereby appointed as a member of the Greater Downtown Elgin Commission for a term to expire May I, 1992. BE IT FURTHER RESOLVED that Ed Spurr be and is hereby reappointed as a member of the Elgin Area Convention and Visitors Bureau for a term to expire December 31, 1992. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25,1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING THE SALE A 1959 AMERICAN LaFRANCE PUMPER Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 701 VOLUME LIV RESOLUTION AUTHORIZING THE SALE OF A 1959 AMERICAN LaFRANCE PUMPER WHEREAS, in the opinion of at least three -fourths of the corporate authorities of the City of Elgin it is no longer necessary or useful to or in the best interests of the City of Elgin to retain a 1959 American LaFrance pumper now owned by it; and WHEREAS, Tom Cofer of Cullman, Alabama has offered to purchase said personal property for the sum of $2,500.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. Pursuant to Section 11-76-4 of the Illinois Municipal Code, III. Rev. Stat., Ch. 24, Sec. 11-76-4, the City Council finds that the 1959 American LaFrance pumper now owned by the City of Elgin is no longer necessary or useful to the City of Elgin and the best interest of the City of Elgin will be served by its sale. Section 2. Pursuant to said Section 1 1-76-4, the City Manager be and he is hereby authorized and directed to sell the 1959 American LaFrance pumper now owned by the City of Elgin to Tom Cofer of Cullman, Alabama for the sum of $2,500.00. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25, 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: sJ Marie Yearman Marie Yearman, City Clerk VOLUME LIV 702 REPORT RECEIVED AND ORDERED PLACED ON FILE AS PUBLISHED Water Departmenr Report for September, 1989 Public Works Report for September, 1989 Cemetery Report for August, 1989 Cemetery Report for September, 1989 Transportation Report for September, 1989 Committee of the Whole Minutes for September 27, 1989 Heritage Commission Minutes for September 11, 1989 Liquor Commission Minutes for October 9, 1989 Liquor Commission Minutes for October 4, 1989 Disbursement Report for Sepptember, 1989 Planning Committee minutes for September 20, and October 2, 1989 Land Use Committee Minutes for October 2, 1989 Councilman Fox made a motion, seconded by Councilwoman Popple to place the above reports on file as read. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Jay Stevens, 11 Crescent, stated that the U-46 School District intends to add to Washington School, and the adjacent neighbors are concerned because there is already an overburdened sewer system in the area. Mr. Stevens stated that a couple of months ago his house was flooded worse than before the City worked on the sewer lines at Crescent and Chicago Street. The Mayor stated that the City would have no jurisdiction over the plans for the addition to Washington School, but he would ask the City Manager to look into the flooding problems at Crescent and Chicago Street. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Fox to adjourn the Council Meeting to go into Executive Session to discuss land acquisition, litigation and personnel. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 703 The meeting adjourned at 9:05 p.m. Marie Yearmarx City Clerk VOLUME LIV VOLUME LIV November 8, 1989 704 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 November 8, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by the Reverend Joleen Gleasman and the Pledge of Allegiance led by Councilman Gilliam. ROLL CALL Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE OCTOBER 25, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Fox, to approve the October 25, 1989 Council Minutes. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR TREE PLANTING Councilwoman Moylan made a motion, seconded by Councilwoman Po ple, to award this bid to Landscape Contractors of Illinois Inc. for a total price of 535,870.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR CRYSTAL STREET GARAGE IMPROVEMENTS Councilman Fox made a motion, seconded by Councilman Gilliam, to award this bid to Kohler and Sons, Inc. for a total price of $29,514.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR APPRAISAL SERVICES FOR THE DUNDEE SUMMIT TIF DISTRICT Councilwoman Shales made a motion, seconded by Councilwoman Popple, to award this bid to Robert J. Leitner & Associates for a total price of $9,450.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING REGARDING PROPOSED ANNEXATION AGREEMENT Councilman Fox explained how petitions arrive before the City Council. The City Council has the authority to annex and zone property, however the Council does not seek developers. Landowners have the right to sell their property to whomever they want and developers come to the city to ask for annexation and zoning. 705 VOLUME LIV Roger Dahlstrom stated that the property in question is not included in the comprehensive plannning area of the city but the property immediately to the north of the subject property is within the city and is designated in the comprehensive plan for urban residential use. There are no unresolved issues with respect to this annexation petition. Greg Zale of Zale, Inc. introduced their land planner, Bruce Johnson, and engineer, Gordon White. Bruce Johnson presented the preliminary plan, surrounding land uses, geological characteristics, street configurations, zoning, housing types and lot sizes, density and greenbelts. The property is contiguous to the City of Elgin and is not contiguous to any other body. Gordon White outlined the soil conditions, topography and engineering plans for the proposed development, including water and sewer mains and stormwater detention. The school donation is approximately $191,000 and park donation is approximately $159,000. Greg Zale pointed out that although this piece of property is being considered separately from the north parcel, both parcels were land planned in mind together. He asked that consideration be given to that due to proration of giant off -site costs and the mix of development, which is important to the marketing structure. Tom Rolando, Village President of South Elgin, commented that Elgin does not have a comprehensive plan for the subject property. The proposal violates the comprehensive plan of South Elgin which was filed in Kane County in 1968. Since 1974 I, as village president, have been trying to get an intergovernmental agreement between the Village of South Elgin and the City of Elgin to govern boundaries between the two communities. You may not think that is too important, but last week our village administrator received a call from a developer who wanted to develop 60 acres purchased from Kenyon which is east of McLean Boulevard, north of South Elgin, directly contiguous to South Elgin's and bounded on two sides by it. The developer said he would like to put small lots in there we said our land plan does not call for small lots. He said then I guess I'll go to Elgin because I can probably get away with anything there. South Elgin has been trying to get an intergovernmental agreement since 1974 and 1 hope after the city manager has an opportunity to get his feet on the ground we can get together and make a recommendation. The Village Board of South Elgin directed the following comments to the Elgin City Council. The Village Board of South Elgin feels we were elected by the people to make these kinds of decisions and we think the people of Elgin elected you as member of the Elgin City Council because they think you're capable of making these kinds of decisions without a lot of direction from staff. We would like to challenge the City Council to meet with the Village Board of South Elgin and get on with this intergovernmental agreement. An intergovernmental agreement will keep developers from playing one city against the other city. Jim Tucker, President of the South Elgin Fire Protection District, stated that a letter had been sent to the Elgin City Council stating their concerns and volunteered to answer any question the council may have regarding the district's concerns. VOLUME LIV 706 Fred Ledebuhr, County Board Member from District 16, echoed Mr. Rolando's comments and stated that as a member of the Transportation Committee, he will do whatever it takes to stall any Randall Road access until there is some jurisdictional boundary agreement between Elgin and South Elgin. John Mancy asked that Elgin and South Elgin move forward and grow together. Florence Sweeny of Brandywine Court in South Elgin asked where Umbenstock Drive will end to the north. Roger Dahlstrom stated that Umbenstock Drive is not anticipated to extend beyond Bowes Road. Councilwoman Moylan made a motion, seconded by Councilwoman Shales, to close the public hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 77-89 REQUESTING ANNEXATION, R-2 SINGLE FAMILY RESIDENCE Councilman Fox made a motion, seconded by Councilman Gilliam, to table Petition 77-89 to the next council meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING REGARDING PROPOSED ANNEXATION AGREEMENT, Roger Dahlstrom stated the proposed land use associated with the petition are generally consistent with the comprehensive plan. The areas east of Randall Road are included in the phase one growth area as was identified in the growth management plan; the areas west of Randall Road are included in phase two of the growth management plan. With respect to the annexation agreement there are no major unresolved issues. Bruce Johnson presented an overall view of the proposed annexation and surrounding land uses. The request of the petitioner is for a mixed use development of housing and commercial development. It is Zale's proposal to have a 51 acre piece of commercial property with a requested zoning of B-3 and the balance of the property in R-2 and R-4 housing types. The plan includes 250 townhouses, 250 carriage type townhouses, and 168 single family lots. Gordon White outlined the wetlands and how they were incorporated into the land plan, the stormwater detention areas and water and sanitary sewer mains. Councilwoman Popple asked what the school site contribution would be on this property. 707 VOLUME LIV Gordon White calculated the school site contribution to be $167,750 and park site $201,815. Councilwoman Shales asked in which school district is this property. Gordon White pointed out that the property is within two school districts, District 301 and U-46. The entire south parcel is in U-46. Councilman Fox asked if both plans were tied together and only one approved, would the one go ahead? Greg Zale stated that even though the plans were tied together, if only one were approved the plan would be significantly altered. Councilwoman Moylan asked for locations of previous developments of Zale which are at least ten years old and asked for the history of the company with respect to shopping centers. Greg Zale offered Sanders Crossing in Northbrook and Meadow Edge in Rolling Meadows as residential developments and a 175,000 square foot shopping center in Buffalo Grove and a shopping center in Arlington Heights. He will forward information regarding these developments. Councilwoman Moylan asked if a marketing study had been done and why office use was not contemplated as opposed to commercial or a mix. Greg Zale said over the next ten years businesses will want to locate in the area; his firm has no experience with office buildings. Councilwoman Moylan addressed the issue of traffic and if consideration had been given to left turn lanes onto Bowes, Hopps and Randall Roads. Roger Dahlstrom pointed out that the proposed annexation agreement would include language which would have the developer dedicate any right of way the Kane County Highway Department determines is necessary. Pat McAtee of Bowes Bend Drive is the Chairman of the Economic Development Commission. The group was formed eight months ago to help solve some of the economic problems within School District 301. In the last four years over 300 children have entered the district and no new recreational land has been added, no new tax revenue have been added other than those placed on ourselves in terms of additional assessments. An example of the severity of the problem, for every $100 tax dollars enerated in District 301, $73 come from the local taxes and of that $73, 99 percent or 72, comes from the taxpayer. The Economic Development Commission hopes to be the marketing and planning arms for the district, although it is separate from the school board. The Zale proposal contains high density and commercial uses which generate more tax dollars within U-46, however the yield of children is approximately .5 children. The western side of the development will yield approximately 226 children. Those 226 children will cost the district $815,000 per year to educate. The school tax income would be $264,250; leaving a deficit each and every year of $550,750. We need to VOLUME LIV be viewed as your neighbor to the west, and more importantly we need to be viewed as your next neighborhood. We need your consideration not only with the Zale development, but with regard to parks, sanitary pipelines, and industrial development to create an economic balance to help offset the cost of education. Carol Koldenberger of Tipi Lane presented a petition containing 2,000 signatures in opposition to the proposed annexation stating as follows: The undersigned, being residents of either the City of Elgin or of Elgin Township, Kane County, Illinois, do hereby respectively petition the City of Elgin to deny the current Petition for annexation, zoning and a special use filed by Zale 721, Inc. (on behalf of the Harris Trust and Savings Bank as owner of the subject property) so as to prohibit the development of the real estate located on the East side of Randall Road which said Zale 721, Inc. proposes to use for townhomes, apartments, and a 400,000 square foot commercial area. In support of this Petition the undersigned do hereby state as follows: I. The proposed development of the subject property on the East side of Randall Road is not in harmony with the existing surrounding uses of the adjacent properties. 2. The proposed development would impair the values of the real estate owned by the undersigned. 3. The development of a 400,000 square foot commercial area upon the proposed site would not be the highest and best use of the subject property because the development would result in a highly detrimental impact not only upon the adjacent properties but also upon the land owners within a several square mile area because of the high visibility of the subject property. One of the specific objections is that any lighting required by the proposed commercial development would be able to be observed for several miles, especially in view of the fact that the proposed development is to be located at a very high topographical point along Randall Road. 4. The integrity of the future development of the Randall Road corridor should be maintained and said area would be most suitable for single family residential development. 5. Any proposed use should be in harmony with the development along Randall Road in St. Charles Township immediately to the South. 6. The future of this Randall Road corridor and the City of Elgin community is extremely bright at this time due to current and proposed developments surrounding the community. Accordingly the undersigned feel that they would suffer irreparable harm in the event that the Petition of Zole 721, Inc. is granted as currently proposed since it is not compatible with the surrounding land uses, both in existence and proposed. 709 VOLUME LIV We thank you for all of your consideration and attention to this matter as the representatives of the People of the City of Elgin. Carol Kaldenberger went on to state her concern regarding the commercial development of this property as well as the high density in that Zale has not indicated what stores or what type of stores would be had; they indicated they would wait five to six years to develop that as commercial property because they need to create the market through the building of a lot of homes in the area. There are approximately 28 new residential subdivisions in Elgin; perhaps as a tax base Randall Road should be considered for a commercial office corridor. Dawn Fodge of McDonald Road stated that living in the Elgin area and working in Elgin, she meets many people looking for homes here and Elgin is in need of shopping centers making this an ideal development. Tom Skok of Tipi Lane expressed concern that the apartment aspect of the complex may in the future become government subsidized units and that with strip shopping centers the larger stores will drive out the smaller stores because they cannot compete. He would like to see the Golden Corridor reserved for commercial development. Patricia Hill of Florimond Drive opined that out of town developers seem to be looking at Elgin as another Streamwood. If a large developer says that Elgin can only attract buyers in the $100,000 to $120,000 range and builds 168 homes in that price range, that is exactly what we will get. It will be a self-fulfilling prophecy. The more lower priced housing we have, the more we will attract and the less we will have of attracting upscale housing. I have read that Zale's marketing consultant says the upper limits for newly constructed homes in Elgin is $165,000. That would be news to our local developers of Valley Creek and Highland Glen because their price range of construction start with $165,000 in Valley Creek and $180,000 in Highland Glen and those houses are selling. The area in question is surrounded by upscale housing in the $200,000 plus range. Elgin has a strong market for homes of $165,000 and I don't think we should settle for less. We have the water, we have the sewer, we have the land and we have the interchange and if Mr. Zale isn't willing to build to our specifications, we should wait for a new developer. Bob Alton of Trails End asked about police protection and fire service. Roger Dahlstrom stated that the city conducts internal development reviews for all petitions that are submitted and response times are determined. This development falls within acceptable response times for police and fire. Susan Skok of Tipi Lane stated that many local businesses are expanding, however there is no land available for them to build. It would seem that Randall Road could create an opportunity for local businesses to build their new offices and warehouse facilities. Residential development would create a tax burden. If this project does go through, will it create jobs for local trades people? I don't believe this issue has been touched upon. Bob Kearns of Bowes Road moved from St. Charles to Elgin; if this project goes through, will move back to St. Charles as the commercial development of this property is too tight. VOLUME LIV 710 Dennis Ward of Arrowmaker stated that Elgin should learn from past mistakes. In looking at the apartments around the Zayre shopping center, I'm not certain I would consider these high quality residential living. This development may be a step generation ahead of another Meadowdale in that the type of housing proposed will restrict the kind of housing that will be there for the rest of our generation. In looking at Elgin's older neighborhoods and even though many date back 75 to 100 years, they have been able to maintain value because some of our predecessors sought to build rather substantial, quality homes that have been able to withstand age and time. Jeff Sachen of Oak Tree Lane referenced the $500,000 deficit that will accrue to District 301. Councilman Gilliam made a motion, seconded by Councilman Walters, to close the public hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 78-89 REQUESTING ANNEXATION: R-2 SINGLE FAMILY • 11 -3 :1 A ;OPERTY -I OF D IERS Councilman Fox made a motion, seconded by Councilwoman Popple, to table Petition 78-89 to the next council meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING ON THE 1989 PROPERTY TAX LEVY Mayor VanDeVoorde opened the public hearing for the 1989 property tax levy. No one appeared in either support of or objection to the proposed tax levy. Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to close the public hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ZMA 32 PETITION 83-89 REQUESTING A REZONING FROM B-I Councilwoman Shales made a motion, seconded by Councilman Fox, to remove Petition 83-89 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 711 VOLUME LIV Roger Dahlstrom stated that this petition was tabled due to the use of the property at 314 East Chicago Street. A portion of the building had been used in the past as a type of cafeteria. There was concern that if the property were rezoned to R-4, that kind of use would not be reintroduced at that location. I would point out that a mixed use of the property, incorporating a restaurant and a residence which is right now the principal use of the property, would require a planned unit development. The property owner was notified after the last Council meeting of this petition, however no response was received. Councilwoman Popple made a motion, seconded by Councilman Fox, to approve Petition 83-89, including all addresses. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S13-89 REQUESTING PRELIMINARY PLAT APPROVAL Councilman Walters made a motion, seconded by Councilwoman Moylan, to approve Application 513-89 with recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. APPLICATION S16-89 REQUESTING FINAL PLAT APPROVAL Councilman Walters made a motion, seconded by Councilwoman Popple, to approve Application S16-89 with recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED AMENDING ORDINANCE NO. G34-84 AMENDING A SPECIAL USE ORDINANCE FOR A SANITARIUM AT 600 VILLA STREET Councilwoman Popple made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Walters and Mayor VanDeVoorde. Nays: None. Abstain: Councilwoman Shales. Ordinance No. G97-89 AN ORDINANCE AMENDING ORDINANCE NO. G34-84 AMENDING A SPECIAL USE ORDINANCE FOR A SANITARIUM AT 600 VILLA STREET WHEREAS, by Ordinance No. G10-81 passed February 25, 1981 a special use permit was granted for the establishment, operation and maintenance of an alcoholic treatment sanitarium at the premises commonly known as 600 Villa Street, Elgin, Illinois; and VOLUME LIV 712 WHEREAS, by Ordinance No. G42-82 passed August 11, 1982 the special use permit was amended to include non -hospital medical detoxification and an adolescent primary alcoholic rehabilitation program including related substance abuse treatment as permitted activities under the special use granted for the establishment; and WHEREAS, by Ordinance No. G34-84 passed June 25, 1984 the special use permit granted was amended to include a residential treatment center and therapeutic school program and a day treatment and school program; and WHEREAS, a written application has been made to again amend the special use permit granted by said ordinances so as to permit the expansion of its residential treat- ment program and day school program; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee to permit the expansion of the residential treatment program and day school program at 600 Villa Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference as Exhibit A, subject to the following conditions: I. Substantial conformance with the petitioner's Zoning Statement of Conformance; the amended statement dated September 18, 1989, the Lovellton Academy Program Overview, and the Lovellton Day School brochure. The residential treatment program and the day school program to be limited to a maximum of 60 residents and 32 students. 2. Compliance with the licensing requirements of the Department of Children and Family Services, Illinois State Board of Education, Governor's Purchase Care Review Board, North Central Accreditation, Joint Commission of Accredited Hospitals and Organizations. 3. Submission of a site plan documenting compliance with the off-street parking ordinance. 4. Compliance with all other applicable codes and ordinances. Section 2. That, except as amended herein, Ordinance Nos. G10-81, G42-82 and G34-84 remain in full force and effect. 713 VOLUME LIV Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Passed: November 8, 1989 Vote: Yeas 6 Nays 0 Abstain I Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED PLACING TENTATIVE BUDGET FOR 1990 ON FILE Councilman Walters made a motion, seconded by Councilwoman Shales, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION PLACING TENTATIVE ANNUAL BUDGET FOR 1990 ON FILE FOR PUBLIC INSPECTION AND SETTING PUBLIC HEARING THEREON WHEREAS, the corporate authorities have heretofore determined that an annual budget be passed in lieu of an appropriation ordinance as provided by Paragraph 8-2-9-4 of Chapter 24, Illinois Revised Statutes, 1987; and WHEREAS, a tentative annual budget for 1990 has been prepared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: I. That the tentative annual budget for 1990 be placed on file and available for inspection in the office of the City Clerk; 2. That a public hearing on the tentative annual budget for 1990 be held on November 21, 1989 at 8:00 p.m. in the City Council Chambers; VOLUME LIV 714 3. That the City Clerk is authorized and directed to cause notice of the public hearing on the tentative annual budget for 1990 to be given by publication in the Daily Courier News at least one week prior to the time of the hearing. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: ��,.� `ate-�•_: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilman Walters made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G95-89 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 11.60 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 11.60.050P the following: Dwight Street. Dwight Street, both sides thereof, from the west end to a point 20 feet easterly thereof. Section 2. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is limited under Section 1 1.60.070B the following: Alison Drive. Alison Drive from Jane Drive to Pauline Drive, on school days only. Jane Drive. Jane Drive from Larkin Avenue to Pamela Drive, on school days only. 715 VOLUME LIV Martha Drive. Martha Drive from Jane Drive to Pauline Drive, on school days only. Pamela Drive. Pamela Drive from Jane Drive to Pauline Drive, on school days only. Weston Avenue. Weston Avenue from Larkin Avenue to Shuler Street, on school days only. 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Passed: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT IAIITt 1 r ^^Mr-n A TI\/C r1Cr_1AIAICI _CC M%IIe-CC Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Cooperative Personnel Services for test policies and procedures, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS 716 Councilman Gilliam made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G94-89 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of stop intersections under Sec- tion 1 1.32.030 the following: Brittany Trail. All vehicles being operated on Britanny Trail must stop at Bode Road before entering the some. 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 pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor 717 Presented: November 8, 1989 Passed: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING CHAPTER 6.06 OF THE ELGIN VOLUME LIV MENT OF Councilman Walters made a motion, seconded by Councilman Fox, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Shales, Walters and Mayor VanDeVoorde. Nays: Councilwoman Popple. Ordinance No. G98-89 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, REGARDING ABATEMENT OF LICENSE FEES FOR NEWLY ANNEXED PROPERTIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 6.06.080 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "E. Any applicant whose establishment is located on property involuntarily annexed to Elgin after June I, 1989 and who, at the time of such annexation, holds a current and valid county liquor license, shall have its initial license fee abated by an amount equal to the fee paid to the county for the license in effect on the date of annexation." 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 from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: November 8, 1989 Passed: November 8, 1989 Vote: Yeas 6 Nays I Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk N ., RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF AUSTIN McDANIEL CORPORATION FOR THE GRAPHIC INFORMATION SYSTEM Councilman Gilliam made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING THE PROPOSAL OF AUSTIN McDANIEL CORPORATION FOR THE GRAPHIC INFORMATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Austin McDaniel Corporation for services necessary to enhance the computerized base map, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: `� iKI-- s/ Nancy Moll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF THE Councilman Gilliam made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 719 VOLUME LIV RESOLUTION ACCEPTING THE PROPOSAL OF THE PAR GROUP FOR CONSULTING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of The PAR Group for consulting services in connection with the recruitment for the position of Chief of Police, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED ACCEPTING FOR MAINTENANCE THE SURFACE IMPROVEMENTS IN SUMMERHILL UNIT 4 Councilman Gilliam made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING FOR MAINTENANCE THE SURFACE IMPROVEMENTS IN SUMMERHILL UNIT 4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the surface improvements, including streets, sidewalks and street lights, in Summerhill Unit 4. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk VOLUME LIV 720 RESOLUTION ADOPTED ACCEPTING FOR MAINTENANCE THE UNDERGROUND UTILITIES AND SURFACE IMPROVEMENTS IN VALLEY CREEK UNITS 4, 5, 6, 7, 8 AND 10 Councilman Gilliam made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING FOR MAINTENANCE THE UNDERGROUND UTILITIES AND SURFACE IMPROVEMENTS IN VALLEY CREEK UNITS 4, 5, 6, 7, 8 AND 10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the underground utilities and surface improvements, including streets, sidewalks and street lights, in Valley Creek Units 4, 5, 6, 7, 8 and 10. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: a-J-J-- s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED ACCEPTING A PLAT OF EASEMENT FOR TH CONSTRUCTION AND MAINTENANCE OF A RETAINING WALL (62 Geneva StreeU Councilman Gilliam made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING A PLAT OF EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A RETAINING WALL (62 S. Geneva Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a Plat for Easement for a permanent and temporary construction easement for the construction and maintenance of a retaining wall at 62 S. Geneva Street, Elgin, Illinois, from Paul F. Born, Jr. for the property legally described as follows: 721 VOLUME LIV Permanent Easement That part of Lot 9, Block 5 of J.T. Gifford's Plat, being a subdivision of part of the Southwest Quarter of Section 13, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as follows: The Easterly five (5) feet of the Southerly thirty-three (33) feet of the Northerly forty-three (43) feet of said Lot 9. Temporary Construction Easement That part of Lot 9, Block 5 of J.T. Gifford's Plat, being a subdivision of part of the Southwest Quarter of Section 13, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as follows: The Westerly two (2) feet of the Easterly seven (7) feet of the Southerly thirty-three (33) feet of the Northerly forty-three (43) feet of said Lot 9. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement for the construction and maintenance of a retaining wall hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPOINTING GIL NORE AS A MEMBER OF THE ELGIN METROPOLITAN EXPOSITION AUDITORIUM AND OFFICE BUILDING AUTHORITY Councilman Gilliam made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 722 RESOLUTION APPOINTING GIL NORE AS A MEMBER OF THE ELGIN METROPOLITAN EXPOSITION AUDITORIUM AND OFFICE BUILDING AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Gil Nore be and is hereby appointed as a member of the Elgin Metropolitan Exposi- tion Auditorium and Office Building Authority for a term to expire November 26, 1992. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CMD MIDWEST INC. Councilman Gilliam made a motion, seconded by Councilwoman Popp I e, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CMD MIDWEST INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Melford A. Dahl, City Engineer, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with CMD Midwest Inc. for the extension of a watermain, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor 723 VOLUME LIV Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Noys 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR WE TFIELD BUSINESS PARK PLAT NO. 2 Councilman Gilliam made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING FINAL PLAT FOR WESTFIELD BUSINESS PARK PLAT NO. 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Burnidge and Westphal Inc. dated April 17, 1989 for Westfield Business Park Plat No. 2. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 8, 1989 Adopted: November 8, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE Councilman Gilliam made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 724 IvDjIllinois Department Resolution for Improvement by Municipality Construction of Transportation Under the Illinois Highway Code BE IT RESOLVED, by the C i tv Council of the Cowaeu or hw�o.M ene Bowe ofTrwu.. City of Elgin Cry. Tana VW.p. ,IIIInO1S that the following described street(s) be improved under the Illinois Hiahwav Code: Name of Thoroughfare Route From To PLEASE SEE ATTACHED LIST Ot 11 rUK 1 rim HLbULVED, I. That the proposed improvement shall consist of removal and replacement of deteriorated sidewalk,__ sanhnlpc and ratrh hacinc_ pavempnt patrhing ac napdpd)+ ctrppt racurfarinn with 1" 1pvej- 9 binder and 1- '; of bituminous concrete surface course and other appurtenant work and shall be constructed - various feet wide and be designated as Section RQ-On1 44-nn-RS Z. That there is hereby appropriated the (additional) sum of Three Hundred Thousand and Nn/1 nn---------- ------------------------------------------------ Dollars ($ 300,000.00 ) forthe improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 9. That work shall be done by Contract ;and. Iw+wy COYrow er 081 L000r) BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation: APPROVED 19 DO WUMV of Tr.nsporfawn 01wrr:f sewn.., 9LR 4103 (Rev. 6/86) IL 494-0352 Mr. i, Miss Marie Yearman City Clerk Mrs. , — Crr.Town. «vn.prl In and for the C 1 ty of Elgin WMI. Taro, er vrfyol County of - Kan rnok , hereby certify the foregoing to bet lrue,LpeHecl.�nd complete copy of a resolution adopted by the I ounce Comm* a lroaeenf one &we of Trroaeol November 8 1982. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 9 th day of November A D 19JE (SEAL) Marro Ye-arman ���- o�• City Clerk BY: Nancy Deputy Clerk. 725 VOLUME LIV CITY OF ELGIN 1989 MFT RESURFACING SECTION 89-00144-00-RS (WALNUT/SOUTH) (ELM/ORANGE) ESOM IQ Holly St. Jewett St. Gertrude St. Standish St. Jewett St. Gertrude St. Gertrude St. Walnut Ave. South St. Wilcox Ave. Walnut Ave. South St. Union St. Dead End (South) South St. Union Ct. Union St. Wilcox -Ave. South St. Gertrude St. Walnut Ave. Walnut Ave. Jewett St. South St. Washburn St. State St. Elm St. Oak St. State St. Elm St. Griswold St. Orange St. Walnut Ave. Billings St. Orange St. Walnut Ave. Wheelock St. Washburn St. Walnut Ave. Elm St. Orange St. Walnut Ave. Orange St. State St. Elm St. VOLUME LIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $ 34,417.20 Oct. 1 - Oct. 16 Refuse Fees N.B. Aughenbough, Ltd. $ 11,489.62 Professional Services re EPA Hearing on Proposed BalefiII Elgin Public Museum $ 875.00 1989 Funding of Public Museum D.H. Martin Petroleum Co. $ 6,259.58 Purchase of Gasoline for Garage Fischer & Porter Co. $ 6,403.09 Flow Meters for Water Plant NBD Trust Company of Illinois $ 10,000.00 Big Timber ROW Acquisition Spring Oaks Homeowners Assn. $ 69500.00 Big Timber ROW Acquisition Elgin Sanitary District $ 5,992.00 Equipment for Combined Sewer Overflow Project Mr. and Mrs. Henry Schmicker $ 29792.00 Sanitary Sewer Connection 726 Councilwoman Shales made a motion, seconded by Councilman Fox, to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenues for the Month of July, 1989 Committee of the Whole Minutes for October 11, 1989 Elgin Metropolitan Exposition Auditorium and Office Building Authority Minutes for September 11, 1989 Building Permit Report for the Month of October, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox, to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Gilliam, to adjourn the Council meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The Council meeting adjourned at 10:30 p.m. Nancy Roll, Deputy Clerk VOLUME LIV November 21, 1989 727 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT RESCHEDULED REGULAR MEETING A regular rescheduled meeting of the Council of the City of Elgin, Illinois, was held on November 21, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Councilman John Walters and the Pledge of Allegiance led by Corporation Counsel Erwin W. Jentsch. ROLL CALL Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Wolters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE NOVEMBER 8 1989 COUNCIL MEETING APPROVED TS PUBLISHED Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the November 8, 1989 Council Minutes. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR FUEL MANAGEMENT SYSTEM AND PUMP REPLACEMENT - PUBLIC WORKS COMPLEX Councilwoman Moylan made a motion, seconded by Councilman Walters, to award this bid to the low bidder, Mankoff Equipment Inc. for a total price of $18,871.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 77-89 REQUESTING ANNEXATION, R-2 SINGLE FAMILY RESI Councilwoman Shales made a motion, seconded by Councilman Walters, to remove Petition 77-89 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Roger Dahlstrom stated that the Planning Department was contacted by the developer and was advised that they had reconsidered some of their design proposals with respect to Woodbridge South and would like to take a few moments to display this redesign. Bruce Johnson presented the new design proposal. The small lot areas were raised to 9,100 square foot minimum lots with an average of 10,000 square feet. The balance of the lots were raised to a minimum of 10,000 square feet. The lot widths will remain the same, 65 feet on the smaller lots and 70 feet on the larger lots, but the lots have been made deeper. This reconfiguration brings the lot totals to 372, down nine from the last plan; 100 standard lots which are 9,100 square feet or 65 by 140, the average being 10,232 in the small lot area. The large lot area contains 272 lots which are 70 by 142 and 728 VOLUME LIV average 11,056 square feet. The lots average 14,000 square feet if the open space is averaged into the lot sizes. In combining Woodbridge North and Woodbridge South, the total number of single family units is 540, down from 549, and the average lot is 10,528, not including the open space. If the open space is included, the lot sizes would be 13,154. Councilwoman Shales made a motion, seconded by Councilwoman Moylan, to table Petition 77-89 to the December 19, 1989 Council meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 78-89 REQUESTING ANNEXA Mayor VanDeVoorde recommended that Petition 78-89, which is a companion annexation request with Petition 77-89, remain on the table. There were no objections. PUBLIC HEARING ON PETITION 74-89 REGARDING_ PROPOSED NORTH ON HIGHLAND AVEN Roger Dahlstrom pointed out that the proposal associated with this annexation agreement is in general conformance with the city's comprehensive plan. The property is surrounded on three sides by City of Elgin boundaries. With respect to this public hearing and associated petition, numerous unresolved issues remain, most of which are the result of the location and configuration of the property. The petitioner has been advised of the unresolved issues and concurs that the public hearing should be continued and the associated petition tabled. Councilwoman Shales made a motion, seconded by Councilwoman Popple, to continue the public hearing to the December 19, 1989 Council meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 74-89 REQUESTING ANNEXATION, R-4 GENERAL RESIDENCE DISTRICT U Councilman Fox made a motion, seconded by Councilwoman Popple, to table Petition 74-89 to the December 19, 1989 Council meeting. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 729 PETITION 79-89 REQUESTING AN AMENDMENT TO SECTION 19.04 Councilman Fox made a motion, seconded by Councilwoman Moylan, to approve Petition 79-89. Councilwoman Shales asked if this amendment would be flexible so as to permit neighbors to agree that a fence may be constructed with the finished side facing the interior. Roger Dahlstrom stated that the Planning Committee did discuss the flexibility option and determined that since neighbors do not remain the same, the city would be better served if the ordinance were inflexible thus prohibiting negotiation among neighbors. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 88-89 REQUESTING A B-3 SERVICE BUSINESS DISTRICT SPECIAL USE FOR A CHURCH, PROPERTY LOCATED AT 400 FEDERATION PLACE _- Councilwoman Popple made a motion, seconded by Councilman Fox, to approve Petition 88-89 with conditions. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PUBLIC HEARING ON THE 1990 BUDGET Mayor VanDeVoorde opened the public hearing on the 1990 budget. No one appeared in either support of or opposition to the proposed 1990 budget. Councilwoman Moylan made a motion, seconded by Councilwoman Shales, to close the public hearing. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. CONSIDERATION OF PROPOSALS FOR SOUTH GROVE AVENUE TIF DISTRICT Councilman Fox made a motion, seconded by Councilman Gilliam, to reject the proposals as submitted and authorize the City Manager to bring a proposal for a consultant for the downtown area. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED ESTABLISHING THE 1989 CITY OF ELGIN TAX LEVY Councilwoman Shales made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Moylan, Popple, Shales and Walters. Nays: Councilman Fox and Mayor VanDeVoorde. 730 VOLUME LIV TAX LEVY ORDINANCE CITY OF ELGIN Kane and Cook Counties, Illinois For the Fiscal Year Beginning January 1, 1989 and Ending December 31, 1989 ORDINANCE NO. T3-1989 VOLUME LIV 731 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989 AND ENDING DECEMBER 31, 1989 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the Counties of Kane and Cook, in the State of Illinois, did on the 14th of December, 1988 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 1989, the amount of which is ascertained to be the aggregate sum of $77,530,110. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to " .. exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection for the public health, safety, morals and welfare; to license; to tax; and to incur debt." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: SECTION 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 1989, the total sum of $11,291,222 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading "To Be Raised By Taxation" which appears over the same, the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: 732 VOLUME LIV Amount Appropriated GENERAL CORPORATE PURPOSES In accordance with provisions of the 1970 Constitution of Illinois, Art. 7 Oil 012 013 015 018 019 020 030 040 050 059 060 061 071 072 074 075 076 077 079 081 082 088 089 190 Mayor & City Council Office of City Mgr. Purchasing & Research Legal Department Human Resources Dept. Boards & Commissions Finance Department Dept. of Buildings Planning Dept. Police Dept. Civil Defense Fire Dept. Fire Dept. - BIS Public Works - Admin. Engineering Division Electrical Division Sanitation Division Streets Division Sewers Division Construction Division Parks - Admin. Recreation Division Parks Maintenance Hemmens Building Non -Departmental TOTAL - GENERAL CORPORATE PURPOSES $ 143,400 263,550 113,625 264,795 298,870 159,590 1,091,300 397,785 521,525 7,398,795 6,965 4,590,560 856,015 197,975 655,640 689,960 1,744,520 1,214,900 424,545 256,350 122,650 453,330 1,099,375 350,270 2,413,185 $25,729,475 ADD 1% for Loss of Collection Total Amount To Be Raised By Taxation SPECIAL CORPORATE PURPOSES 200 Public Benefit $ 238,920 210 Road & Bridge Fund - In Accordance with 1970 Con- stitution of Illinois Article 7 245,400 230 Community Dev. Grant 1,837,660 260 S. Grove Special Tax Allocation Fund 1,176,255 Estimated Receipts From Other Sources $ 143,400 263,550 113,625 264,795 298,870 159,590 1,091,300 397,785 521,525 3,398,795 6,965 2,510,600 856,015 197,975 655,640 689,960 1,744,520 1,214,900 424,545 256,350 122,650 453,330 1,099,375 350,270 2,413,185 $19,649,515 To Be Raised By Taxation 4,000,000 2,079,960 $6,079,960 61,414 $6,141,374 $ 78,920 $ 160,000 245,400 - 1,837,660 - 1,176,255 - VOLUME LIV 733 Estimated Amount Receipts From Appropriated Other Sources SPECIAL CORPORATE PURPOSES (Copt.) 280 Ill. Mun. Retirement Fund In accordance with the 1970 Constitution, Article 7 $ 2,226,525 $ 1,126,525 290 Motor Fuel Tax Fund 1,285,135 1,285,135 300 Corporate Bond Fund - Principal & Interest on Corporte Bonds - In accor- dance with provision of Section 6, Art. 7 of the Constitution of Ill. 3,215,545 337,195 340 Park Development Fund 79,885 79,885 350 Downtown Redev. Fd. 124,895 124,895 360 Cap. Imprv. Spec. Proj. 1,000,915 1,000,915 370 Area K TIF Bonds 3,625,000 3,625,000 378 Cap. Imprv.-Tyler Ck. 1,291,865 1,291,865 385 Capital Imprv. Funds 1,551,920 1,551,920 386 Cap. Imprv.-1987 G.O. Bond Project Fund 1,467,305 1,467,305 387 Dundee Ave. TIF Bonds 2,222,310 2,222,310 388 1989 Bond Proj. Fund 3,039,500 3,039,500 389 1989 Bond Proj. Fund 3,398,170 3,398,170 400 Water Operating Fund 8,356,780 8,356,780 410 Water Improvement Fd. 874,800 874,800 430 Sewer Improvement Fd. 1,572,905 1,572,905 450 Parking Operating Fd. 148,100 148,100 455 Spring St. Parking Operating Fund 124,245 124,245 500 Cemetery Oper. Fund 391,505 391,505 540 Golf Operating Fund 761,505 761,505 550 Sports Complex 150,895 150,895 570 Transportation Operating Fund 2,108,540 2,108,540 575 Paratransit Fund 105,485 105,485 600 Police Pension Fund 2,455,050 1,935,050 610 Fire Pension Fund 2,245,065 1,805,065 630 Risk Management Fund 3,484,985 3,484,985 700 Mun. Garage -Ann St. 549,270 549,270 705 Municipal Garage - Crystal Street 444,300 444,300 TOTAL SPECIAL CORPORATE PURPOSES $51,800,635 $46,702,285 Add: 1 o for Loss of Collection Total Amount To Be Raised By Taxation for Special Corporate Purposes Grand Total - Appropriation All Purposes $77,530,110 Total Receipts From Sources Other Than Taxation $66,351,800 To Be Raised By Taxation $1,100,000 2,878,350 520,000 440,000 $5,098,350 51,498 $5,149,848 734 VOLUME LIV Amount Appropriated SPECIAL CORPORATE PURPOSES (Cont.) Total To Be Raised By Taxation Add: For Loss of Collection Total Amount To Be Raised By Taxation Estimated Receipts From Other Sources To Be Raised By Taxation $11,178,310 112,912 $11,291,222 The total amount of $11,291,222 levied by this ordinance for all funds is herein itemized as follows: (Itemized amounts on the pages that follow) VOLUME LIV Code Expenditure Appropriation Number Classification 1989 General Corporate Purposes: 011 - Mayor & City Council 700 Salaries & Wages $ 50,295 7051 Pension Contributions IMRF 7,045 7054 Pension Contributions FICA 675 707 Insurance Charges 27,225 708 Employee Transfers 4,605 710 Office Supplies 4,145 720 Gen. Oper. Supp. 75 795 Misc. Supplies 200 820 Office Services 21,250 825 Postage & Telep. 1,255 830 Transp., Confer. 10,350 835 Training Expense 135 850 Repair & Maint. Ser. 185 880 Public Off. Liab. 15,960 Total $ 143,400 012 - Office of the Citv Manaaer 700 Salaries & Wages $ 195,055 7051 Pension Contributions IMRF 29,650 707 Insurance 18,265 710 Office Supplies 3,835 720 Gen. Oper. Supplies 200 820 Office Services 3,270 825 Postage & Telephone 1,860 830 Transp., Conferences 7,410 835 Training Expense 475 850 Repair & Maint. Serv. 390 860 Rentals 140 880 Public Official Liab. 840 882 Automobile Insurance 1,110 960 Capital Replace. 250 970 Capital Addition 800 Total $ 263,550 013 - Purchasing & Research 700 Salaries & Wages $ 80,905 7051 Pension Contributions IMRF 13,660 707 Insurance Charges 9,315 710 Office Supplies 1,835 820 Office Services 2,325 Estimated Receipts From Sources Other Than Taxation 735 To Be Raised By Taxation $ 50,295 $ - 7,045 - 675 27,225 4,605 4,145 75 200 21,250 1,255 10,350 135 185 15,960 $ 143,400 $ 195,055 29,650 18,265 3,835 200 3,270 1,860 7,410 475 390 140 840 1,110 250 800 $ 263,550 $ 80,905 13,660 9,315 1,835 2,325 736 VOLUME LIV Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: 013 - Purchasing & Research (Cont.) 825 Postage & Telep. $ 1,930 $ 1,930 $ - 830 Transp., Conferences 1,300 1,300 - 835 Training Expense 300 300 - 850 Repair & Maint. Serv. 225 225 - 880 Public Off. Liab. 280 280 - 960 Capital Replace. 750 750 - 970 Capital Additions 800 800 - Total $ 113,625 $ 113,625 $ - 015 - Legal Department 700 Salaries & Wages $ 181,020 $ 181,020 $ - 7051 Pension Contributions IMRF 29,055 29,055 - 707 Insurance Charges 19,840 19,840 - 709 Personal Services Recovered (4,605) (4,605) - 710 Office Supplies 8,350 8,350 - 800 Professional Serv. 13,500 13,500 - 820 Office Services 3,750 3,750 - 825 Postage & Telephone 3,160 3,160 - 830 Transp., Conferences 4,200 4,200 - 835 Training Expense 1,100 1,100 - 850 Repair & Maint. Serv. 1,100 1,100 - 880 Public Official Liability 840 840 - 960 Cap. Replace. 935 935 - 970 Cap. Additions 2,550 2,550 - Total $ 264,795 $ 264,795 $ - 017 - Human Resources Department 700 Salaries & Wages $ 165,555 $ 165,555 $ - 7051 Pension Contributions IMRF 27,595 27,595 - 7054 Pension Contributions FICA 140 140 - 707 Insurance Charges 20,870 20,870 - 710 Office Supplies 6,640 6,640 - 720 Gen. Oper. Supp. 300 300 - 800 Prof. Services 27,025 27,025 - 820 Office Services 11,505 11,505 - 825 Postage & Telep. 5,660 5,660 - 830 Transp., Confer. 14,000 14,000 - 835 Training Expense 10,000 10,000 - 850 Repair & Maint. Ser. 175 175 - 860 Rentals 435 435 - 880 Public Off. Liab. 7,020 7,020 - 959 Unclass. Expend. 1,050 1,050 - 960 Capital Replace. 750 750 - 970 Capital Add. 150 150 - Total $ 298,870 $ 298,870 $ - VOLUME LIV 737 Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: 019 - Boards & Commissions 830 Transportation, Conferences $ 3,000 $ 3,000 $ - 9532 Economic Dev. Comm. 40,655 40,655 - 9533 Elgin Image Advisory Committee 1,200 1,200 - 9534 Convention & Visitors Bureau 85,000 85,000 - 9536 Elgin Heritage Comm. 12,685 12,685 - 9538 Greater Downtown Elgin Comm. 17,050 17,050 - Total $ 159,590 $ 159,590 $ - 020 - Finance Department 700 Salaries & Wages $ 618,980 $ 618,980 $ - 7051 Pension Contributions IMRF 101,955 101,955 - 7054 Pension Contributions FICA 735 735 - 707 Insurance Charges 84,565 84,565 - 710 Office Supplies 22,120 22,120 - 720 Gen. Oper. Supplies 800 800 - 740 Repair & Maintenance Supplies 730 730 - 780 Regulatory Supplies 4,060 4,060 - 800 Professional Serv. 47,775 47,775 - 820 Office Services 29,915 29,915 - 825 Postage & Telephone 53,185 53,185 - 830 Transp., Conferences 3,495 3,495 - 835 Training Expense 4,630 4,630 - 850 Repair & Maint. Serv. 34,470 34,470 - 860 Rentals 67,880 67,880 - 870 Misc. Services 7,805 7,805 - 880 Public Official Liab. 2,240 2,240 - 886 Surety Bonds 35 35 - 959 Unclassified Expend. 150 150 - 960 Cap. Replacements 4,550 4,550 - 970 Cap. Additions 1,225 1,225 - Total $ 1,091,300 $ 1,091,300 $ - 738 VOLUME LIV Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: 030 - Department of Buildings 700 Salaries & Wages $ 219,550 $ 219,550 $ - 7051 Pension Contributions IMRF 36,620 36,620 - 707 Insurance Charges 32,200 32,200 - 709 Personal Services Recovered (26,920) (26,920) - 710 Office Supplies 550 550 - 720 Gen. Oper. Supplies 15,330 15,330 - 740 Repair & Maintenance Supplies 21,425 21,425 - 799 Material Costs Recovered (1,600) (1,600) - 820 Office Services 655 655 - 825 Postage & Telephone 1,145 1,145 - 830 Transp., Conferences 1,180 1,180 - 835 Training Expense 1,300 1,300 - 840 Utilities 39,060 39,060 - 850 Repair & Maint. Serv. 34,145 34,145 - 860 Rentals 550 550 - 870 Misc. Services 2,860 2,860 - 880 Public Official Liab. 560 560 - 882 Automobile Insurance 740 740 - 960 Cap. Replacement 3,500 3,500 - 970 Cap. Additions 14,735 14,735 - Total $ 397,785 $ 397,785 $ - 040 - Plannina Department 700 Salaries & Wages $ 340,375 $ 340,375 $ - 7051 Pension Contributions IMRF 56,700 56,700 - 7054 Pension Contributions FICA 145 145 - 707 Insurance Charges 53,200 53,200 - 710 Office Supplies 8,735 8,735 - 720 Gen. Oper. Supplies 800 800 - 795 Misc. Supplies 200 200 - 800 Professional Services 17,600 17,600 - 820 Office Services 17,375 17,375 - 825 Postage & Telephone 5,945 5,945 - VOLUME LIV Code Expenditure Appropriation Number Classification 1989 General Corporate Purposes: 040 - Planning Department (Cont.) 830 Transp., Conf. $ 380 835 Training Expense 2,690 850 Repair & Maint. Serv. 800 880 Public Official Liab. 5,040 882 Automobile Insurance 2,220 960 Cap. Replace. 9,170 970 Cap. Additions 150 Total $ 521,525 050 - Police Department 700 Salaries & Wages $ 5,046,080 7051 Pension Contributions IMRF 132,300 7052 Pension Contributions Police 502,250 7054 Pension Contributions 707 710 720 740 795 800 820 825 830 835 840 850 860 870 880 882 886 959 960 970 980 FICA Insurance Charges Office Supplies Gen. Oper. Suppli Repair & Maint. S Misc. Supplies Professional Sery Office Services Postage & Telepho Transp., Conferen Training Expense Utilities Repair & Maint. S Rentals Misc. Services Public Official L Automobile Insura Surety Bonds Unclassified Expe Cap. Replacements Cap. Additions Major Repairs Total e i e i 595 852,065 30,240 s 123,345 upp. 6,260 1,550 ces 13,490 9,680 ne 48,860 ces 4,030 46,010 655 rv. 163,075 34,890 12,710 ab. 5,600 nce 71,965 1,890 nd. 20,000 185,850 58,405 27,000 $ 7,398,795 059 - Civil Defense 795 Misc. Supplies $ 820 Office Supplies 825 Postage & Telephone 830 Transp., Conferences 835 Training Expense 850 Repair & Maintenance Services 970 Capital Additions 397 New Office Equip. Total Estimated Receipts From Sources Other Than Taxation $ 380 2,690 800 5,040 2,220 9,170 150 $ 521,525 $ 1,046,080 132,300 502,250 595 852,065 30,240 123,345 6,260 1,550 13,490 9,680 48,860 4,030 46,010 655 163,075 34,890 12,710 5,600 71,965 1,890 20,000 185,850 58,405 27,000 $ 3,398,795 500 $ 500 165 165 3,400 3,400 300 300 300 300 1,500 225 575 6,965 1,500 225 575 $ 6,965 739 To Be Raised By Taxation $ 4,000,000 $ 4,000,000 059 - Civil Defense 795 Misc. Supplies $ 820 Office Supplies 825 Postage & Telephone 830 Transp., Conferences 835 Training Expense 850 Repair & Maintenance Services 970 Capital Additions 397 New Office Equip. Total Estimated Receipts From Sources Other Than Taxation $ 380 2,690 800 5,040 2,220 9,170 150 $ 521,525 $ 1,046,080 132,300 502,250 595 852,065 30,240 123,345 6,260 1,550 13,490 9,680 48,860 4,030 46,010 655 163,075 34,890 12,710 5,600 71,965 1,890 20,000 185,850 58,405 27,000 $ 3,398,795 500 $ 500 165 165 3,400 3,400 300 300 300 300 1,500 225 575 6,965 1,500 225 575 $ 6,965 739 To Be Raised By Taxation $ 4,000,000 $ 4,000,000 1,500 225 575 6,965 1,500 225 575 $ 6,965 739 To Be Raised By Taxation $ 4,000,000 $ 4,000,000 740 VOLUME LIV Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: 060 - Fire Department 700 Salaries & Wages $ 3,306,635 $ 1,226,675 $ 2,079,960 7051 Pension Contributions IMRF 8,880 8,880 - 7053 Pension Contributions Fire 381,665 381,665 - 707 Insurance Charges 528,475 528,475 - 709 Personal Services Recovered (33,360) (33,360) - 710 Office Supplies 9,950 9,950 - 720 Gen. Oper. Supplies 51,540 51,540 - 740 Repair & Maintenance Supplies 21,620 21,620 - 800 Professional Services 2,580 2,580 - 820 Office Services 5,005 5,005 - 825 Postage & Telephone 18,355 18,355 - 830 Transp., Conferences 5,610 5,610 - 835 Training Expense 41,990 41,990 - 840 Utilities 18,100 18,100 - 850 Repair & Maint. Serv. 32,805 32,805 - 860 Rentals 1,100 1,100 - 870 Misc. Services 5,600 5,600 - 880 Public Official Liab. 3,360 3,360 - 882 Automobile Insurance 12,950 12,950 - 960 Cap. Replacements 116,535 116,535 - 970 Cap. Additions 47,905 47,905 - 980 Major Repairs 2,400 2,400 - 990 New Construction 860 860 - Total $ 4,590,560 $ 2,510,600 $ 2,079,960 061 - Bureau of Inspection Services 700 Salaries & Wages $ 533,810 $ 533,810 $ - 7051 Pension Contributions IMRF 73,570 73,570 - 7053 Pension Contributions Fire 11,400 11,400 - 7054 Pension Contributions FICA 455 455 - 707 Insurance Charges 83,050 83,050 - 708 Employee Transfer Charges 33,360 33,360 - 710 Office Supplies 4,550 4,550 - 720 Gen. Oper. Supp. 9,195 9,195 - VOLUME LIV 741 Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: 061 - Bureau of Inspection Services (Cont.) 477 Merchandise for Resale $ 400 $ 400 $ - 800 Professional Services 2,800 2,800 - 820 Office Services 2,975 2,975 - 825 Postage & Telephone 7,200 7,200 - 830 Transp., Conferences 1,495 1,495 - 835 Training Expense 1,420 1,420 - 850 Repair & Maint. Serv. 16,050 16,050 - 860 Rentals 600 600 - 870 Misc. Services 41,825 41,825 - 880 Public Official Liab. 5,320 5,320 - 882 Automobile Insurance 8,140 8,140 - 960 Cap. Replacements 9,000 9,000 - 970 Cap. Additions 9,400 9,400 - Total $ 856,015 $ 856,015 $ - 071 - Public Works - Administration 700 Salaries & Wages $ 142,840 $ 142,840 $ - 7051 Pension Contributions IMRF 22,710 22,710 - 7054 Pension Contributions FICA 110 110 - 707 Insurance Charges 14,045 14,045 - 710 Office Supplies 1,210 1,210 - 572 Janitorial & Cleaning Supplies 200 200 - 720 Gen. Oper. Supplies 790 790 - 820 Office Services 565 565 - 825 Postage & Telephone 1,930 1,930 - 830 Transp., Conferences 3,470 3,470 - 835 Training Expense 500 500 - 850 Repair & Maint. Serv. 1,635 1,635 - 880 Public Official Liab. 560 560 - 882 Automobile Insurance 1,110 1,110 - 970 Cap. Additions 800 800 - 980 Major Repairs 5,500 5,500 - Total $ 197,975 $ 197,975 $ - 072 - Engineering Division 700 Salaries & Wages $ 435,660 $ 435,660 $ - 7051 Pension Contributions IMRF 71,520 71,520 - 7054 Pension Contributions FICA 370 370 - 707 Insurance Charges 68,135 68,135 - 710 Office Supplies 4,920 4,920 - 720 Gen. Oper. Supplies 5,685 5,685 - 740 Repair & Maintenance Supplies 1,675 1,675 - 742 Estimated Receipts From Sources Code Expenditure Appropriation Other Than Number Classification 1989 Taxation General Corporate Purposes: 072 - Engineering Division (Cont.) 800 Prof. Services $ 2,500 $ 2,500 820 Office Services 1,090 1,090 825 Postage & Telephone 4,820 4,820 830 Transp., Conferences 2,790 2,790 835 Training Expense 300 300 840 Utilities 2,610 2,610 850 Repair & Maintenance Services 8,745 8,745 870 Misc. Services 75 75 880 Public Official Liab. 840 840 882 Automobile Insurance 6,845 6,845 596 Furniture & Fixture Replacement 2,530 2,530 960 Cap. Replacements 19,000 19,000 970 Cap. Additions 8,030 8,030 990 New Construction 7,500 7,500 Total $ 655,640 $ 655,640 074 - Electrical Division 700 Salaries & Wages $ 157,940 $ 157,940 7051 Pension Contributions IMRF 25,725 25,725 7054 Pension Contributions FICA 390 390 707 Insurance Charges 23,930 23,930 709 Personal Services Recovered (19,515) (19,515) 710 Office Supplies 40 40 720 Gen. Oper. Supplies 3,485 3,485 740 Repair & Maintenance Supplies 33,275 33,275 770 Material for Resale 10,380 10,380 799 Material Costs Recovered (3,500) (3,500) 820 Office Services 50 50 825 Postage & Telephone 630 630 830 Transp. Conferences 980 980 835 Training Expense 500 500 840 Utilities 339,165 339,165 850 Repair & Maint. Serv. 6,840 6,840 860 Rentals 550 550 870 Misc. Services 80 80 880 Public Official Liab. 280 280 882 Automobile Insurance 2,960 2,960 960 Cap. Replacements 55,300 55,300 970 Cap. Additions 2,075 2,075 980 Major Repairs 48,400 48,400 Total $ 689,960 $ 689,960 VOLUME LIV To Be Raised By Taxation VOLUME LIV Code Expenditure Appropriation Number Classification 1989 General Corporate Purposes: 075 - Sanitation Division 700 Salaries & Wages $ 7051 Pension Contributions IMRF 7054 Pension Contributions FICA 707 Insurance Charges 708 Employee Transfer Charges 720 Gen. Oper. Supp. 740 Repair & Maintenance Supplies 820 Office Services 835 Training Expense 840 Utilities 850 Repair & Maintenance 421,380 70,125 210 94,570 20,535 29,035 Estimated Receipts From Sources Other Than Taxation $ 421,380 70,125 210 94,570 20,535 29,035 743 To Be Raised By Taxation 180 180 - 1,750 1,750 - 500 500 - 803,055 803,055 - Services 125,945 870 Misc. Services 320 882 Automobile Insurance 10,915 960 Capital Replace. 68,000 970 Capital Additions 78,000 980 Major Repairs 20,000 Total $ 1,744,520 076 - Streets Division 700 Salaries & Wages $ 7051 Pension Contributions IMRF 7054 Pension Contributions FICA 707 Insurance Charges 709 Personal Services Recovered 710 Office Supplies 720 Gen. Oper. Supplies 740 Repair & Maintenance Supplies 799 Material Costs Recovered 800 Professional Services 820 Office Services 825 Postage & Telephone 830 Transp., Conferences 835 Training Expense 840 Utilities 850 Repair & Maintenance Services 584,645 96,705 715 106,785 (59,455) 100 31,850 73,990 125,945 320 10,915 68,000 78,000 20.000 $ 1,744,520 $ 584,645 96,705 715 106,785 (59,455) 100 31,850 73,990 (1,000) (1,000) - 850 850 - 540 540 - 305 305 - 920 920 - 500 500 - 17,610 17,610 - 131,160 131,160 744 VOLUME LIV Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: 076 - Streets Division (Cont.) 860 Rentals $ 4,595 $ 4,595 $ - 870 Misc. Services 14,880 14,880 - 880 Public Official Liab. 280 280 - 882 Automobile Insurance 19,425 19,425 - 960 Cap. Replacements 53,000 53,000 - 970 Cap. Additions 82,800 82,800 - 980 Major Repairs 43,700 43,700 - 990 New Construction 10,000 10,000 - Total $ 1,214,900 $ 1,214,900 $ - 077 - Sewers Division 700 Salaries & Wages $ 231,160 $ 231,160 $ - 7051 Pension Contributions IMRF 38,520 38,520 - 7054 Pension Contributions FICA 180 180 - 707 Insurance Charges 39,765 39,765 - 709 Personal Services Recovered (25,175) (25,175) - 720 Gen. Oper. Supplie s 10,675 10,675 - 740 Repair & Maintenance Supplies 11,895 11,895 - 800 Prof. Services 90 90 - 820 Office Services 265 265 - 825 Postage & Telephone 475 475 - 835 Training Expense 600 600 - 840 Utilities 35,450 35,450 - 850 Repair & Maintenance Services 20,025 20,025 - 860 Rentals 50 50 - 870 Misc. Services 1,925 1,925 - 880 Public Official Liab. 280 280 - 882 Automobile Insurance 6,290 6,290 - 960 Cap. Replacements 11,000 11,000 - 970 Cap. Additions 1,075 1,075 - 980 Major Repairs 40,000 40,000 - Total $ 424,545 $ 424,545 $ - 079 - Construction Division 700 Salaries & Wages $ 304,765 $ 304,765 $ - 7051 Pension Contributions IMRF 50,855 50,855 - 7054 Pension Contributions FICA 180 180 - 707 Insurance Charges 48,195 48,195 - 708 Employee Transfer Charges 25,175 25,175 - 709 Personal Services Recovered (332,800) (332,800) - 720 Gen. Oper. Supplies 16,250 16,250 - VOLUME LIV Estimated Receipts From Sources Code Expenditure Appropriation Other Than Number Classification 1989 Taxation General Corporate Purposes: 079 - Construction Division (Cont.) 740 Repair & Maintenance Supplies $ 1,530 $ 1,530 799 Material Costs Recovered (15,750) (15,750) 820 Office Services 40 40 825 Postage & Telephone 105 105 830 Transp., Conferences 125 125 835 Training Expense 250 250 840 Utilities 8,060 8,060 850 Repair & Maint. Serv. 38,900 38,900 870 Misc. Services 300 300 879 Contractual Costs Recovered (22,050) (22,050) 882 Automobile Insurance 9,065 9,065 960 Cap. Replacements 118,575 118,575 970 Cap. Additions 4,580 4,580 Total $ 256,350 $ 256,350 081 - Public Property & Recreation - Administration 700 Salaries & Wages $ 83,500 $ 83,500 7051 Pension Contributions IMRF 13,910 13,910 707 Insurance Charges 9,135 9,135 710 Office Supplies 2,600 2,600 720 Gen. Oper. Supplies 600 600 820 Office Services 635 635 825 Postage & Telephone 1,110 1,110 830 Transp., Conferences 3,675 3,675 835 Training Expense 200 200 850 Repair & Maint. Serv. 1,365 1,365 860 Rentals 210 210 880 Public Official Liab. 2,800 2,800 882 Automobile Insurance 1,110 1,110 960 Cap. Replacements 1,400 1,400 970 Cap. Additions 400 400 Total $ 122,650 $ 122,650 082 - Recreation Division 700 Salaries & Wages $ 231,960 $ 231,960 7051 Pension Contributions IMRF 19,110 19,110 7054 Pension Contributions FICA 8,920 8,920 707 Insurance Charges 23,340 23,340 709 Personal Services Recovered (11,050) (11,050) 710 Office Supplies 2,795 2,795 720 Gen. Oper. Supplies 15,155 15,155 740 Repair & Maint. Supp. 200 200 770 Materials for Resale 300 300 745 To Be Raised By Taxation 746 VOLUME LIV Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: 082 - Recreation Division (Cont.) 820 Office Services $ 12,880 $ 12,880 $ - 825 Postage & Telephone 11,900 11,900 - 830 Transp., Conferences 3,100 3,100 - 835 Training Expense 240 240 - 840 Utilities 14,920 14,920 - 850 Repair & Maint. Serv. 1,100 1,100 - 860 Rentals 14,020 14,020 - 870 Misc. Services 78,025 78,025 - 877 Spec. Events Expense (1,200) (1,200) - 880 Public Official Liab. 560 560 - 882 Automobile Insurance 2,220 2,220 - 951 Illinois State Sales Tax 200 200 - 960 Cap. Replacements 6,820 6,820 - 970 Cap. Additions 9,815 9,815 - 990 Major Repairs 8,000 8,000 - Total $ 453,330 $ 453,330 $ - 088 - Parks Maintenance 700 Salaries & Wages $ 554,875 $ 554,875 $ - 7051 Pension Contributions IMRF 87,570 87,570 - 7054 Pension Contributions FICA 2,075 2,075 - 707 Insurance Charges 75,930 75,930 - 709 Personal Services Recovered (33,120) (33,120) - 710 Office Supplies 280 280 - 720 Gen. Oper. Supplies 54,205 54,205 - 740 Repair & Maint. Supp. 22,650 22,650 - 780 Regulatory Supplies 440 440 - 795 Misc. Supplies 125 125 - 800 Professional Services 1,800 1,800 - 820 Office Services 540 540 - 825 Postage & Telephone 4,910 4,910 - 830 Transp., Conferences 1,350 1,350 - 835 Training Expense 1,600 1,600 - 840 Utilities 71,365 71,365 - 850 Repair & Maint. Serv. 31,605 31,605 - 860 Rentals 600 600 - 870 Misc. Services 3,850 3,850 - 880 Public Official Liab. 840 840 - 882 Automobile Insurance 11,285 11,285 - 960 Cap. Replacements 90,250 90,250 970 Capital Additions 8,850 8,850 - 980 Major Repairs 105,500 105,500 - Total $ 1,099,375 $ 1,099,375 $ - VOLUME LIV 747 Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: 089 - Hemmens Building (Cont.) 089 - Hemmens Building 700 Salaries & Wages $ 195,970 $ 195,970 $ - 7051 Pen. Contrib. IMRF 28,100 28,100 - 7054 Pension Contributions FICA 1,870 1,870 - 707 Insurance Charges 26,415 26,415 - 710 Office Supplies 1,570 1,570 - 720 Gen. Oper. Supplies 6,215 6,215 - 740 Repair & Maint. Supp. 10,070 10,070 - 770 Materials for Resale 2,060 2,060 - 820 Office Services 1,585 1,585 - 825 Postage & Telephone 6,610 6,610 - 830 Transp., Conferences 2,120 2,120 - 840 Utilities 28,535 28,535 - 850 Repair & Maint. Serv. 1,440 1,440 - 860 Rentals 480 480 - 870 Misc. Services 7,050 7,050 - 877 Spec. Events Expense (15,065) (15,065) - 880 Public Official Liab. 4,200 4,200 - 883 Liability Ins. 260 260 - 960 Capital Replace. 4,025 4,025 - 970 Cap. Additions 6,760 6,760 - 980 Major Repairs 30,000 30,000 - Total $ 350,270 $ 350,270 $ - 190 - Non -Departmental 707 Insurance Charges $ 12,780 $ 12,780 $ - 710 Office Supplies 1,575 1,575 - 720 Repair & Maint. Supp. 17,150 17,150 - 795 Misc. Supplies 2,000 2,000 - 800 Professional Services 33,000 33,000 - 820 Office Services 12,500 12,500 - 825 Postage & Telephone 18,140 18,140 - 830 Transp., Conferences 200 200 - 850 Repair & Maint. Serv. 2,760 2,760 - 880 Public Official Liab. 840 840 - 882 Automobile Insurance 2,035 2,035 - 887 Inland Marine Ins. 805 805 - 888 Property Insurance 22,860 22,860 - 890 Boiler Insurance 2,520 2,520 - 9122 Transf. to Parking 63,245 63,245 - 9124 Transfer to Mun. Gar. 76,650 76,650 - 9125 Transfer to Dial A Ride 4,880 4,888 - 9133 Transfer to Cap. Imprv. Fund 861,940 861,940 - 9135 Transfer to Cap. Imprv. Spec. Projects 210,000 210,000 - 9136 Transfer to TIF 20,000 20,000 - 9141 Transfer to Corp. Bond Fund 517,125 517,125 - 950 Other Charges 1,000 1,000 - 748 VOLUME LIV Receipts " From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation General Corporate Purposes: Non -Departmental (Contd.) 955 Contingencies $ 500,000 $ 500,000 $ - 960 Capital Replace. 3,000 3,000 - 970 Capital Additions 26,180 26,180 - Total $ 2,413,185 $ 2,413,185 $ - Total Appropriation $25,729,475 Total Estimated Revenue From Sources Other Than Taxation $19,649,515 Amount To Be Raised By Taxation $ 6,079,960 Add: 1% For Loss of Collection 61,414 Total Amount To Be Raised By Taxation - General Corporate Purposes $ 6,141,374 Special Corporate Purposes: 200 - Public Benefit Fund Installments and interest due on various Special Assessment projects as follows: Warrant Number 77-TX-2747 due on 1/2/91 $ 238,920 $ 78,920 $ 160,000 Total Appropriation $ 238,920 Total Revenue From Sources Other Than Taxation $ 78,920 Amount To Be Raised By Taxation $ 160,000 Add: 1% For Loss of Collection 1,616 Total Amount To Be Raised By Taxation For Public Benefit Purposes $ 161,616 210 - Road and Bridge Fund Transfer for Street & Bridge Repairs $ 245,400 $ 245,400 $ - Total $ 245,400 $ 245,400 $ - 230 - Community Development Grant 800 Prof. Services $ 33,575 $ 33,575 $ - 919 Misc. Transfers 91,970 91,970 - 9191 Transfer to General Fund 35,000 35,000 - VOLUME LIV 749 Receipts From Sources Code Expenditure Appropriation Other Than Number Classification 1989 Taxation Special Corporate Purposes: 230 - Community Development Grant (Cont.) 952 Rehabilitation Loans or Grants $ 123,030 $ 123,030 9521 NHS Loans 20,000 20,000 9522 Rental Rehab. Loans 67,000 67,000 9541 CBD Rehab. Loans 161,865 161,865 9555 Future Projects 199,325 199,325 9902 llth Yr. Grant Proj. 35 35 9903 12th Yr. Grant Proj. 38,855 38,855 9904 13th Yr. Grant Proj. 162,695 162,695 9905 14th Yr. Grant Projects 328,840 328,840 9906 15th Yr. Grant Projects 575,470 575,470 Total $ 1,837,660 $ 1,837,660 260 - S. Grove Special Tax Allocation Fund 840 Utilities $ 150 $ 850 Repair & Maint. Service 500 870 Misc. Services 1,200 955 Other Charges 250 405 990 New Construction 909,000 9191 Transfer to General To Be Raised By Taxation 150 $ - 500 - 1,200 - 250,405 - 909,000 - Fund 15,000 15,000 Total $ 1,176,255 $ 1,176,255 280 - Illinois Municipal Retirement Fund All such monies as the law pro- vides that shall be paid to Municipal Retirement Fund $ 2,226,525 $ 1,126,525 Total Appropriation $ 2,226,525 Total Revenues From Sources Other Than Taxes $ 1,226,525 Amount To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation For Municipal Retirement Fund 290 - Motor Fuel Tax Fund $ 1,100,000 $ 11100,000 11,111 $ 1,111,111 761 Premix $ 25,000 $ 25,000 $ - 764 Salt 65,000 65,000 - 855 Seal Coating 20,000 20,000 - 8551 Crack Sealing 50,000 50,000 - 750 VOLUME LIV Code Expenditure Appropriation Number Classification 1989 Special Corporate Purposes: 290 - Motor Fuel Tax (Cont.) Interfund Transfers 920 Catch Basins $ 43,000 922 Premix Patching 125,000 923 Snow & Ice Control 140,000 924 Storm Sewers 10,000 925 Street Sweeping 230,000 926 Tree Trimming 60,000 927 Maint. Engineering 15,000 928 Traffic Markings 10,000 929 Traf. Lights -Energy 82,500 930 Traf. Lights -Labor 29,500 937 Curbs & Gutters 30,000 Total $ 935,000 Other Charges 955 Contingencies $ 50,135 Capital Expenditures 980 Major Repairs $ 300,000 Total MFT $ 1,285,135 300 - Corporate Bond Fund 901 Principal Payment $ 1,750,000 902 Interest Payment 1,465,545 Total Appropriation $ 3,215,545 Total Revenue From Sources Other Than Taxation Amount To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation For Corporate Bond Purposes Estimated Receipts From Sources To Be Other Than Raised By Taxation Taxation $ 43,000 $ - 125,000 - 140,000 - 10,000 230,000 - 60,000 - 15,000 - 10,000 - 82,500 - 29,500 - 30,000 - $ 935,000 $ - $ 50,135 $ - $ 300,000 $ - $ 1,285,135 $ - $ 300,000 37,195 $ 337,195 $ 1,450,0 1,428,3 $ 2,878,350 29,074 $ 2,907,424 VOLUME LIV 751 Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 340 - Park Development Fund 955 Contingencies $ 29,570 $ 29,570 $ - 970 Cap. Additions 5,315 5,315 - 990 New Construction 45,000 45,000 - Total $ 79,885 $ 79,885 $ - 350 - Downtown Redevelopment Fund 800 Profess. Services $ 15,000 $ 15,000 $ - 955 Contingencies 109,895 109,895 - Total $ 124,895 $ 124,895 $ - 360 - Capital Improvements - Special Projects 912 Transfer for Financing $ 139,000 $ 139,000 $ - 955 Contingencies 772,915 772,915 - 990 New Construction 89,000 89,000 - Total $ 1,000,915 $ 1,000,915 - 370 - Area K TIF Bonds 990 New Construction $ 3,625,000 $ 3,625,000 $ - Total $ 3,625,000 $ 3,625,000 $ - 378 - Capital Improvements - Tyler Creek 800 Profess. Serv. $ 85,000 $ 85,000 $ - 990 New Construction 1,206,865 1,206,865 - Total $ 1,291,865 $ 1,291,865 $ - 385 - Capital Imrovement Fund 952 Rehabilitation Loans or Grants $ 30,000 $ 30,000 $ - 960 Capital Replace. 180,400 180,400 - 970 Capital Additions 104,620 104,625 - 980 Major Repairs 921,400 921,400 - 990 New Construction 315,500 315,500 - Total $ 1,551,920 $ 1,551,920 $ - 386 - 1987 G.O. Bond Project Fund 955 Contingencies $ 292,305 $ 292,305 $ - 980 Major Repairs 775,000 775,000 - 990 New Construction 400,000 400,000 - Total $ 1,467,305 $ 1,467,305 $ - 752 VOLUME LIV Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 387 - Dundee Avenue TIF Bonds 990 New Construction $ 2,222,310 $ 2,222,310 $ - 388 - 1988 G.O. Bond Proiect Fund 955 Contingencies $ 61,940 $ 61,940 $ - 970 Cap. Additions 100,000 100,000 - 980 Major Repairs 953,000 953,000 - 990 New Construction 1,924,560 1,924,560 - Total $ 3,039,500 $ 3,039,500 $ - 389 - 1989 G.O. Bond Project Fund 980 Major Repairs $ 2,215,000 $ 2,215,000 $ - 990 New Construction 1,183,170 1,183,170 - Total $ 3,398,170 $ 3,398,170 $ - 400 - Water Operating Fund 700 Salaries & Wages $ 878,290 $ 878,290 $ - 7051 Pension Contributions IMRF 142,185 142,185 - 7054 Pension Contributions FICA 2,440 2,440 - 707 Insurance Charges 132,410 132,410 - 710 Office Supplies 5,750 5,750 - 720 Gen. Oper. Supplies 626,730 626,730 - 740 Repair & Maintenance Supplies 98,095 98,095 - 780 Regulatory Supp. 100 100 - 800 Profess. Services 45,510 45,510 - 820 Office Services 5,430 5,430 - 825 Postage & Telephone 18,195 18,195 - 830 Transp., Conferences 3,865 3,865 - 835 Training Expense 3,580 3,580 - 840 Utilities 634,585 634,585 - 850 Repair & Maint. Serv. 584,195 584,195 - 860 Rentals 1,050 1,050 - 870 Misc'. Services 27,575 27,575 - 880 Public Off. Liab. 1,680 1,680 - 882 Automobile Insurance 9,250 9,250 - 887 Inland Marine Ins. 1,425 1,425 - 888 Property Insurance 23,685 23,685 - 890 Boiler Insurance 3,150 3,150 - Total $ 3,249,175 $ 3,249,175 $ - Bonds & Interest 9032 G.O. Principal 1980 Water $ 11000,000 $ 1,000,000 $ - 9037 G.O. Interest 1980 Water 946,500 946,500 - 9038 G.O. Interest 1988 Water 140,175 140,175 - Total $ 2,086,675 $ 2,086,675 $ - VOLUME LIV 753 Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 400 - Water Operating Fund (Cont.) Interfund Transfers 906 Transfer - Admin. Costs $ 178,600 $ 178,600 $ - 913 Transfer to Imprv. Fund 48,000 48,000 - 917 Transfer in Lieu of Taxes 316,470 316,470 - Total $ 543,070 $ 543,070 $ - Other Charges 955 Contingencies $ 1,314,250 $ 1,314,250 $ - Capital Expenditures 960 Cap. Replacements $ 107,635 $ 107,635 $ - 970 Cap. Additions 370,975 370,975 - 980 Major Repairs 650,000 650,000 - 990 New Construction 35,000 35,000 - Total $ 1,163,610 $ 1,610,610 $ - Total Water Oper. Fund $ 8,356,780 $ 8,356,780 $ - 410 - Water Improvement Fund 955 Contingencies $ 874,800 $ 874,800 $ - 430 Sewer Improvement Fund 9191 Interfund Transfers to to General Fund $ 300,000 $ 300,000 $ - 955 Contingencies 162,905 162,905 - 980 Major Repairs 459,000 459,000 - 990 New Construction 651,000 651,000 - Total $ 1,572,905 $ 1,572,905 $ - 450 - Parkinq Operatina Fund 700 Salaries & Wages $ 70,120 $ 70,120 $ - 7051 Pension Contributions IMRF 11,595 11,595 - 7054 Pension Contributions FICA 115 115 - 707 Insurance Charges 7,900 7,900 - 709 Per. Serv. Recovered (22,650) (22,650) - 710 Office Supplies 280 280 - 720 Gen. Oper. Supplies 760 760 - 740 Repair & Maint. Supp. 2,105 2,105 - 820 Office Services 1,200 1,200 - 825 Postage & Telephone 800 800 - 840 Utilities 22,840 22,840 - 850 Repair & Maint. Serv. 17,930 17,930 - 860 Rentals 4,400 4,400 - 879 Contractual Costs Recovered (5,000) (5,000) - 754 VOLUME LIV Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 450 - Parking Operating Fund (Cont.) 880 Public Off. Liab. $ 280 $ 280 $ - 882 Automobile Insurance 925 925 - 888 Property Ins. 1,860 1,860 - Total $ 115,460 $ 115,460 $ - Interfund Transfers 906 Transfer - Administrative Costs $ 17,640 $ 17,640 $ - Capital Expenditures 960 Capital Replace. $ 10,000 $ 10,000 $ - 980 Major Repairs 5,000 5,000 - Total $ 15,000 $ 15,000 $ - Total Parking Operations $ 148,100 $ 148,100 $ - 455 - Spring St. Parking Operating 700 Salaries & Wages $ 26,640 $ 26,640 $ - 7051 Pension Contributions IMRF 3,575 3,575 - 7054 Pension Contributions FICA 410 410 - 707 Insurance Charges 2,000 2,000 - 708 Employee Transfer Charges 22,650 22,650 - 710 Office Supplies 220 220 - 720 Gen. Oper. Supplies 570 570 - 740 Repair & Maint. Supp. 1,600 1,600 - 820 Office Serv. 600 600 - 825 Postage & Telephone 2,075 2,075 - 840 Utilities 10,175 10,175 - 850 Repair & Maint. Se rv. 8,560 8,560 - 870 Misc. Services 295 295 - 888 Property Ins. 1,860 1,860 - Total $ 81,230 $ 81,230 $ - Interfund Transfers 906 Transfer - Administrative Costs $ 5,290 $ 5,290 $ - Other Charges 955 Contingencies $ 4,775 $ 4,775 $ - Capital Expenditures 960 Capital Replace. $ 1,950 $ 1,950 $ - 980 Major Repairs 31,000 31,000 - Total $ 32,950 $ 32,950 $ - Total Spring St. Parking Operating Fund $ 124,245 $ 124,245 $ - VOLUME LIV 755 Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 500 - Cemetery Operating Fund 700 Salaries & Wages $ 138,855 $ 138,855 $ - 7051 Pension Contributions IMRF 22,510 22,510 - 7054 Pension Contributions FICA 395 395 - 707 Insurance Charges 21,505 21,505 - 708 Employee Trans. Chgs. 16,045 16,045 - 710 Office Supplies 875 875 - 720 Gen. Oper. Supplies 9,425 9,425 - 740 Repair & Maint. Supp. 4,375 4,375 - 770 Materials for Resale 2,400 2,400 - 780 Regulatory Supplies 100 100 - 800 Prof. Services 5,000 5,000 - 820 Office Services 2,930 2,930 - 825 Postage & Telephone 1,740 1,740 - 830 Transp., Conferences 1,240 1,240 - 835 Training Expense 1,340 1,340 - 840 Utilities 9,060 9,060 - 850 Repair & Maint. Serv. 3,400 3,400 - 860 Rentals 280 280 - 870 Misc. Services 6,790 6,790 - 880 Public Official Liab. 280 280 - 882 Automobile Insurance 1,110 1,110 - 887 Inland Marine Ins. 25 25 - 888 Property Ins. 205 205 - Total $ 249,885 $ 249,885 $ - Interfund Transfers 906 Transfer - Admini- stative Costs $ 9,590 $ 9,590 $ - Other Charges 955 Contingencies $ 53,030 $ 53,030 $ - Capital Expenditures 960 Cap. Replace. $ 8,400 $ 8,400 $ - 970 Cap. Additions 9,600 9,600 - 980 Major Repairs 11,000 11,000 - 990 New Construction 50,000 50,000 - Total $ 79,000 $ 79,000 $ - Total Cemetery Operating $ 391,505 $ 391,505 $ - 540 - Golf Operatina Fund 700 Salaries & Wages $ 267,100 $ 267,100 $ - 7051 Pension Contributions IMRF 37,340 37,340 - 7054 Pension Contributions FICA 3,725 3,725 - 707 Insurance Charges 31,995 31,995 - 710 Office Supplies 500 500 - 756 VOLUME LIV Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 540 - Golf Operating Fund (Cont.) 720 Gen. Oper. Supp. $ 38,385 $ 38,385 $ - 740 Repair & Maint. Supp. 15,400 15,400 - 780 Regulatory Supp. 200 200 - 795 Misc. Supplies 500 500 - 820 Office Services 4,050 4,050 - 825 Postage & Telephone 5,310 5,310 - 830 Transp., Conferences 3,100 3,100 - 835 Training Expense 400 400 - 840 Utilities 26,310 26,310 - 850 Repair & Maint. Serv. 8,620 8,620 - 860 Rentals 1,525 1,525 - 870 Misc. Services 2,280 2,280 - 880 Public Official Liab. 560 560 - 882 Automobile Insurance 1,480 1,480 - 883 Liability Insurance 2,340 2,340 - 887 Inland Marine Ins. 90 90 - 888 Property Insurance 570 570 - 890 Boiler Insurance 315 315 - Total $ 452,095 $ 452,095 $ - Interfund Transfers 906 Transfer - Admini- strative Costs $ 16,540 $ 16,540 $ - 9191 Transfer to General Fund 40,000 40,000 - Total $ 56,540 $ 56,540 $ - Other Charges 951 State Sales Tax $ 9,095 $ 9,095 $ - 955 Contingencies 114,145 114,145 - Total $ 123,240 $ 123,240 $ - Capital Expenditures 960 Cap. Replace. $ 26,080 $ 26,080 $ - 970 Cap. Additions 1,350 1,350 - 980 Major Repairs 2,200 2,200 - 990 New Construction 100,000 100,000 - Total $ 129,630 $ 129,630 $ - Total Golf Operating $ 761,505 $ 761,505 $ - VOLUME LIV Receipts From Sources Code Expenditure Appropriation Other Than Number Classification 1989 Taxation Special Corporate Purposes: 550 - Sports Complex 700 Salaries & Wages $ 46,860 $ 46,860 7051 Pension Contributions IMRF 4,395 4,395 7054 Pension Contributions FICA 1,425 1,425 707 Ins. Charges 5,240 5,240 708 Emp. Trans. Chgs. 15,625 15,625 710 Office Supplies 820 820 720 Gen. Oper. Supp. 33,680 33,680 740 Misc. Supplies 800 800 770 Materials for Resale 4,560 4,560 800 Profess. Services 25 25 820 Office Services 3,030 3,030 825 Postage & Telephone 1,290 1,290 830 Transp., Confer. 450 450 840 Utility Charges 22,925 22,925 850 Repair & Maint. Serv. 1,575 1,575 870 Misc. Services 8,140 8,140 950 Other Charges 55 55 Total $ 150,895 $ 150,895 570 - Transportation Operatina Fund 700 Salaries & Wages $ 1,155,250 $ 1,155,250 7051 Pen. Contrib.-IMRF 190,270 190,270 7054 Pension Contributions FICA 2,395 2,395 707 Insurance Charges 180,100 180,100 710 Office Supplies 3,190 3,190 720 Gen. Oper. Supplies 2,390 2,390 740 Repair & Maintenance Supplies 460 460 800 Profess. Services 1,745 1,745 820 Office Services 5,050 5,050 825 Postage & Telephone 7,325 7,325 830 Transp., Conferences 1,800 1,800 835 Training Expense 300 300 840 Utilities 48,925 48,925 850 Repair & Maint. Serv. 33,480 33,480 860 Rentals 745 745 870 Misc. Services 1,700 1,700 880 Public Official Liab. 560 560 887 Inland Marine Ins. 5 5 888 Property Insurance 460 460 890 Boiler Insurance 315 315 Total $ 1,636,465 $ 1,636,465 Interfund Transfers 906 Transfer - Admini- strative Costs $ 61,000 $ 61,000 919 Misc. Transfers 411,075 411,075 Total $ 472,075 $ 472,075 757 To Be Raised By Taxation 758 Code Expenditure Appropriation Number Classification 1989 Special Corporate Purposes: Total Transportation Operating Fund $ 2,108,540 575 - Paratransit Fund 700 Salaries & Wages $ 7051 Pension Contri- butions-IMRF 707 Insurance Charges 720 Gen. Oper. Supp. 825 Postage & Telephone 830 Transp. Confer. 835 Training Expense 850 Repair & Maintenance Estimated Receipts From Sources Other Than Taxation $ 2,108,540 VOLUME LIV To Be Raised By Taxation 57,820 $ 57,820 $ - 7,780 7,780 - 4,500 4,500 - 5,560 5,560 - 675 675 - 20 20 - 100 100 - Services 25,430 Total $ 101,885 Interfund Transfers 906 Transfer - Admini- strative Costs $ 3,600 Total Paratransit Fund $ 105,485 600 - Police Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 2,455,050 Total Appropriation $ 2,455,050 Total Revenues From Sources Other Than Taxation Amount To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation For Police Pension Purposes 25,430 - $ 101,885 $ - $ 3,600 $ - $ 105,485 $ - $ 1,935,050 $520,000 $ 1,935,050 $520,000 5,253 $525,253 VOLUME LIV 759 Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 610 - Fire Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 2,245,065 $ 1,805,065 $440,000 Total Appropriation $ 2,245,065 Total Revenues From Sources Other Than Taxation $ 1,805 065 Amount To Be Raised By Taxation $440,000 Add: 1% For Loss of Collection 4,444 Total Amount To Be Raised By Taxation For Firemen's Pension Purposes $444,444 630 - Risk Management Fund 710 Office Supplies $ 1,200 $ 1,200 $ - 800 Prof. Services 25,500 25,500 - 850 Repair & Maintenance Services 35,285 35,285 - 871 Medical Insurance 106,500 106,500 - 872 Life Insurance 28,500 28,500 - 873 Unemploy. Ins. 27,500 27,500 - 874 HMO Insurance 140,000 140,000 - 875 Misc. Services 750 750 - 880 Public Official Liab. 64,000 64,000 - 881 Workers Comp. Ins. 98,000 98,000 - 882 Automobile Ins. 170,000 170,000 - 883 Liability Ins. 302,500 302,500 - 885 Self Ins. Bond 750 750 - 887 Inland Marine Ins. 2,400 2,400 - 888 Property Ins. 54,500 54,500 - 889 Crime & Faithful Performance 1,200 1,200 - 890 Boiler Ins. 6,300 6,300 - 891 Workers Comp. Claims 475,000 475,000 - 897 Misc. Ins. Claims 2,500 2,500 - 898 Medical Claims 1,127,500 1,127,500 - Total $ 2,669,885 $ 2,669,885 $ - Other Charges 955 Contingencies $ 315,100 $ 315,100 $ - 9553 Ins. Claim Res. 500,000 500,000 - Total $ 815,100 $ 815,100 $ - Total Risk Management $ 3,484,985 $ 3,484,985 $ - 760 VOLUME LIV Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 700 - Municipal Garage - Ann Street 700 Salaries & Wages $ 190,325 $ 190,325 $ - 7051 Pension Contributions IMRF 32,275 32,275 - 707 Insurance Charges 29,565 29,565 - 710 Office Supplies 715 715 - 720 Gen. Oper. Supplies 12,810 12,810 - 740 Repair & Maint. Supplies 100,780 100,780 - 780 Licenses 700 700 - 799 Material Costs Rec. (6,180) (6,180) - 820 Office Services 540 540 - 825 Postage & Telephone 2,755 2,755 - 830 Transp., Conferences 20 20 - 835 Training Expense 400 400 - 840 Utilities 22,650 22,650 - 850 Repair & Maint. Serv. 73,105 73,105 - 860 Rentals 300 300 - 870 Misc. Services 3,000 3,000 - 880 Public Off. Liab. 280 280 - 882 Automobile Ins. 1,850 1,850 - 887 Inland Marine Ins. 25 25 - 888 Property Ins. 50 50 - Total $ 465,965 $ 465,965 $ - Interfund Transfers 906 Transfers - Admini- strative Costs $ 12,015 $ 12,015 $ - 9191 Transfer to General Fund 12,900 12,900 - Total $ 24,915 $ 24,915 $ - Capital Expenditures 960 Cap. Replace. $ 18,335 $ 18,335 $ - 970 Cap. Additions 2,550 2,550 - 990 New Construction 37,505 37,505 - Total $ 58,390 $ 58,390 $ - Total Municipal Garage Ann Street $ 549,270 $ 549,270 $ - VOLUME LIV 761 Estimated Receipts From Sources To Be Code Expenditure Appropriation Other Than Raised By Number Classification 1989 Taxation Taxation Special Corporate Purposes: 705 - Transportation Garage 700 Salaries & Wages $ 220,340 $ 220,340 $ - 7051 Pension Contributions IMRF 37,150 37,150 - 707 Insurance Charges 34,395 34,395 - 720 Gen. Oper. Supp. 7,400 7,400 - 740 Repair & Maintenance Supplies 118,015 118,015 - 780 Reg. Supplies 500 500 - 820 Office Services 50 50 - 825 Postage & Telephone 1,410 1,410 - 830 Trans., Conferences 50 50 - 850 Repair & Maint. Serv. 9,100 9,100 - 860 Rentals 250 250 - 870 Misc. Services 3,375 3,375 - 880 Public Official Liab. 280 280 - 887 Inland Marine Ins. 25 25 - 888 Property Ins. 50 50 - Total $ 432,390 $ 432,390 $ - Interfund Transfers 906 Transfer - Admini- strative Costs $ 11,910 $ 11,910 $ - Total Transportation Garage $ 444,300 $ 444,300 $ - 762 VOLUME LIV and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provid- ed by law. s/ George VanDeVoorde George Van De Voorde, Mayor Presented: November 21, 1989 Adopted: November 21, 1989 Vote: Yeas 5 Nays 2 Recorded: Attest. s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FIscTkL YEAR FNr)IN(-. r) C MR R 9 IN n F Councilwoman Popple made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 763 Ordinance No. T4-89 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1989 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Two has been created by an ordinance entitled "An Ordinance Establishing Special Service Area Number Two in the City of Elgin" passed and effective on September 7, 1977; that the corporate authorities of the City of Elgin, acting as the governing board of City of Elgin Special Service Area Number Two are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Two, subject to taxation for the year 1989, the total sum of $32,081 for the following purposes. Estimated Receipts From Sources To Be 1989 Other Than Raised By Appropriation Taxation Taxation Debt Services - repayment of loan from City of Elgin for the construction of parking facility $59,940 $28,180 $31,760 Total Appropriation $59,940 Total Revenues from Sources Other Than Taxation $28,180 Amount To Be Raised By Taxation $31,760 Add: 10 for Loss of Collection 321 Total Amount To Be Raised By Taxation For Special Service Area Number Two Purposes $32,081 Section 3. The tax levied herein is pursuant to the provisions of Article VII, Section 6A and 6L of the Constitu- tion of the State of Illinois and pursuant to Public Act 78-901 and to an ordinance establishing City of Elgin Special Service Area Number Two. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois, the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal year 764 SECTION 2. VOLUME LIV This ordinance shall be in full force and effect from and after its passage and approval according to law. SECTION 3. That the City Clerk be and she is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. Introduced to the City Council of the City of Elgin, Illinois this 21st of November , 1989. s/ George VanDeVoorde George Van De Voorde, Mayor Presented: November 21, 1989 Adopted: November 21, 1989 Vote: Yeas 7 Nays p Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED ALLOWING INTERESTED ELECTED OFFICIALS TO PARTICIPATE IN IMRF PROGRAM Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 765 M R ILLINOIS MUNICIPAL RETIREMENT FUND 100 South Wacker Drive • Chicago, Illinois 3121346-6722 A RESOLUTION RELATING TO PARTICIPATION BY ELECTED OFFICIALS IN THE ILLINOIS MUNICIPAL RETIREMENT FUND RESOLUTION Number WHEREAS, the City of Elgin Name of Governmental Unit became a participant in the Illinois Municipal Retirement Fund effective January 1, ; and WHEREAS, elected officials may participate in the Illinois Municipal Retirement Fund if they are in positions normally requiring performance of duty for 600 hours or more per year; and (600 or 1,000) WHEREAS, this governing body can detemnine what the normal annual hourly requirements of its elected officials are, and should make such determination for the guidance and direction of the Board of Trustees of the Illinois Municipal Retirement Fund; RESOLVED THAT Elgin City Council Board, Council, etc. finds the following elected positions qualify for membership in IMRF. Title of Elected Position Mayor City Council Members Beginning Date Position Oualified Xpril.6; 1954 *pTil 6 = 954 FURTHER RESOLVED that the authorized agent is hereby directed to file a certified copy of this resolution with the Illinois Municipal Retirement Fund and that this resolution and the finding made shall remain in full force CERTIFICATION 1Marie Yearman ,the City Clerk of the Name Clerk or Secretary City of Elgin of the county of Kane Governmental Unit County State of Illinois, do hereby certify that 1 am the keeper of the books and records of the aforesaid governmental unhand that the foregoing is a true and oorrect copy of a resolution duly adopted by City Council Board, Council, etc. of said governmental unit at a meeting duly convened and held on the 21st day of November ,19 89 . �1 •_ � : •...� SEAL AMF Form 6.64 (Rev. 3/88) 766 VOLUME LIV ORDINANCE PASSED RECLASSIFYING PROPERTY ON EAT CHICAGO AND CHAPEL STREETS (314, 320-322, 326, 70—M-T,-3M 1, 305, 307, 311, I , 32 , 325 and 327 East Chicago Street, 12 South Chapel Street and 15 North Chapel Street) Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G 100-89 AN ORDINANCE RECLASSIFYING PROPERTY ON EAST CHICAGO AND CHAPEL STREETS (3141 320-322, 326, 350-358, 301, 305, 307, 311, 317, 321, 325 and 327 East Chicago Street, 12 South Chapel Street and 15 North Chapel Street) WHEREAS, written application has been made to reclassify certain property located at 314, 320-322, 326, 350-358, 301, 305, 307, 311, 317, 321, 325 and 327 East Chicago Street, 12 South Chapel Street and 15 North Chapel Street from B-1 Community Business District to R-4 General Residence District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. 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 same 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 excluding from the B-1 Community Business District and including in the R-4 General Residence District, the following described property: Lots 8, 9 and 10 in Block I of J.T. Gifford's Plat of Elgin; and the South 33 feet of Lot B in County Clerks Subdivision of part of Block I of J.T. Gifford's Plat of Elgin; and Lots I and 2 in B. Truesdell's Subdivision; and Lots I, 2 and 3, and the North 66 feet of Lots 4 and 5 in Block 2 of J.T. Gifford's Plat of Elgin, all being situated in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV 767 Presented: November 21, 1989 Passed: November 21, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPROVING PRELIMINARY PLAT FOR WOODLAND CREEK SUBDIVISION Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING PRELIMINARY PLAT FOR WOODLAND CREEK SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Burnidge, Cassell and Associates dated April 21, 1989 and revised June 2, 1989, July 26, 1989 and October 25, 1989 for Woodland Creek Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 21, 1989 Adopted: November 21, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED APPROVING FINAL PLAT FOR WOODLAND CREEK SUBDIVISION Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 768 VOLUME LIV RESOLUTION APPROVING FINAL PLAT FOR WOODLAND CREEK SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Burnidge and Westphal, Inc. dated November 21, 1989 for Woodland Creek Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 21, 1989 Adopted: November 21, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancyloll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, 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 with the County of Kane regarding access restrictions to Randall Road between the Northwest Tollway and South Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV 769 Presented: November 21, 1989 Adopted: November 21, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Rolf Nancy Roll, Deputy Clerk ORDINANCE PASSED PROVIDING FOR THE REMOVAL OF INOPERABLE MOTOR VEHICLES Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G99-89 AN ORDINANCE PROVIDING FOR THE REMOVAL OF INOPERABLE MOTOR VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS as follows: Section I. That Chapter 6.84 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 6.84.035 to read as follows: 116.84.035 Inoperable Motor Vehicles. The City Council hereby declares all inoperable motor vehicles, whether on public or private property and in view of the general public, to be a nuisance. Any person in control of the inoperable motor vehicle or the private property upon which such vehicle is located, who fails to remove said vehicle within seven (7) days after receiving notice from City officials shall be subject to a fine of not less than $50.00 nor more than $500.00 for each day said violation continues. In the event the inoperable motor vehicle is not removed within seven (7) days of such notice, the inoperable motor vehicle or parts thereof shall be removed by such persons authorized by contract with the City to a lawful place of storage located within the City or one half mile thereof. As used in this section, "Inoperable Motor Vehicle" means any vehicle from which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperable Motor Vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. Nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operable restored vehicles from twenty-five years of age, or to a motor vehicle on the premises on the place of business engaged in the wrecking or junking of motor vehicles." 770 VOLUME LIV Section 2. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 3. That this ordinance shall take effect ten days after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 21, 1989 Passed: November 21, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED ESTABLISHING CHARGES FOR Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ESTABLISHING CHARGES FOR RODDING HOUSE SEWER LATERALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the fee for the rodding of house sewer laterals shall be $60.00 per hour, effective January 1, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 21, 1989 Adopted: November 21, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk VOLUME LIV RESOLUTION ADOPTED CHANGING THE NAME OF ESSEX LANE TO WE TFIELD DRIVE 771 Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION CHANGING THE NAME OF ESSEX LANE TO WESTFIELD DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the public street known as Essex Lane from Fox Lane to a point 380 feet north of Fox Lane be and the some is hereby redesignated and renamed Westfield Drive. BE IT FURTHER RESOLVED that all City signs and maps shall be altered to read Westfield Drive at the aforesaid places. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to give written notice to the election authorities having jurisdiction in the area in which the street name is hereby changed and to the post office branch serving that area by certified or registered mail. BE IT FURTHER RESOLVED that the resolution shall be in effect thirty days after notice is given to the election authorities and the post office as provided herein. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 21, 1989 Adopted: November 21, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $ 38,500.00 October 17-31, 1989 Refuse Charges Seyfarth, Shaw, Fairweather and Geraldson $ 69023.86 Legal Services for September, 1989 Chapman & Cutler $ 7,500.00 Bond Counsel for GOB Series 1989A Dundee/Summit TIF Project 772 Elgin Courier News $ 5,164.33 Boncosky Oil Co. $ 6,226.50 National Academy for Professional Driving $ 16,175.00 VOLUME LIV Advertising Fees and Notices Gasoline for Ann Street Garage Employee Driving School Councilman Walters made a motion, seconded by Councilman Gilliam, to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Greater Downtown Elgin Commission Minutes of September 7, 1989 Sales Tax Revenues for Month of August, 1989 Hemmens Advisory Board Minutes of September 21, 1989 Heritage Commission Minutes of October 9, 1989 Water Department Accounts Receivable for the Month of October, 1989 Work Management System Report for October, 1989 Disbursement Report for October, 1989 Committee of the Whole Minutes of November 8, 1989 Budget Summary for November 10, 1989 Councilman Gilliam made a motion, seconded by Councilman Fox, to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Walters, to adjourn the Council meeting to go into Executive Session. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The Council meeting adjourned at 8:35 p.m. Nancy Roll, Deputy Clerk VOLUME LIV December 19, 1989 773 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT RESCHEDULED REGULAR MEETING A regular rescheduled meeting of the Council of the City of Elgin, Illinois, was held on December 19, 1989 at 8:00 p.m., in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde. The Invocation was given by The Reverend Martin Balzer and the Pledge of Allegiance led by Councilwoman Moylan. • Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None. MINUTES OF THE NOVEMBER 21, 1989 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Walters, to approve the November 21, 1989 Council Minutes. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ADOPTED EXPRESSING CONGRATULATIONS TO THE Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION EXPRESSING CONGRATULATIONS TO THE ELGIN BEARS FOOTBALL TEAM ON WINNING THE PEE WEE DIVISION OF THE POP WARNER FOOTBALL CHAMPIONSHIP WHEREAS, the Elgin Bears Football Team having concluded the 1989 season with 7 wins and 0 losses; and WHEREAS, the Elgin Bears Football Team having won the National Pop Warner title with a 19-7 victory over Cary, North Carolina, in Mountain View, California; and WHEREAS, the Elgin Bears Football Team having displayed outstanding team work and school grades should be proud of themselves for their achievement. 774 VOLUME LIV NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it congratulates the Elgin Bears Football Team on winning the Pee Wee Division of the Pop Warner Football National Championship. HEAD COACH: Price Dumas ASSISTANT COACH: Ed Donnell ASSISTANT COACH: Willie Avarado ASSISTANT COACH: Wally Nelson ASSISTANT COACH: John Jansen PLAYERS: Ben Alvarado Deevon Coats Patrick Todd Jansen Terry Kennedy Willie Madison Justin Ott Tony Santana Jeff Seimer Walter Vega Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roil Nancy Roll, Deputy Clerk Matt Bice Darnell Hill Chris Johnson Ben Kimbro Steve Mann Jeremy Paulus Chris Schmitz Nate Stading Evan Williams s/ George VanDeVoorde George VanDeVoorde, Mayor Quentin Brown Eric Hill Brian Jones Nick Lackowski Joey Mirro Tom Quello Kenny Scott Payton Vega RESOLUTION ADOPTED EXPRESSING CONGRATULATIONS TO THE LGIN VIKING CHEERLEADERS ON WINNING THE PEE WEE CHEERLEADING DIVISION CHAMPIONSHIP Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 775 RESOLUTION EXPRESSING CONGRATULATIONS TO THE ELGIN VIKING CHEERLEADERS ON WINNING THE PEE WEE CHEERLEADING DIVISION CHAMPIONSHIP WHEREAS, the Elgin Viking Cheerleaders were awarded the National Pee Wee Cheerleading Division Championship; and WHEREAS, the Elgin Viking Cheerleaders were selected by the Pop Warner group to compete based on competition performance and school grades; and WHEREAS, the Elgin Viking Cheerleaders displayed outstanding support of the Elgin Bears Football Team and personal achievement in receiving this award. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it congratulates the Elgin Viking Cheerleaders on winning the National Division Championship. COACHES: CHEERLEADERS: HELPERS: Pat Henson Annette Miller Nicole August Andrea Donbor Jill Henson Bridget Kerwin Michelle Summers Kelly Oldham Kelly Jones Jenny Page Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Boll Nancy Roll, Deputy Clerk Becky Bernosec Danielle DuChesne Megan Hines Jill Nimmo Nicole Thompson s/ George VanDeVoorde George VanDeVoorde, Mayor Lisa Breskovich Erin Hall Lydia Jimenez Shayna Selover Kristy Wolf 776 PRESENTATION OF E-9-1-1 SURCHARGE CHECKS VOLUME LIV Eric Isom introduced Mr. Brad Jensen, 9-1-1 Coordinator for Illinois Bell Telephone Company, who presented two checks to the city totalling $46,770.24 which represents the surcharge collected for the past two months for the Enhanced 9-1-1 telephone service. BID AWARDED FOR "ELGIN SPIRIT" NEWSLETTER Councilman Gilliam made a motion, seconded by Councilman Fox, to award this bid to the low bidders, Dehner & Associates for a total price of $2,820.00, and Castle Communications for a total price of $15,145.30. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PRINTING THE RECREATION BROCHURE Councilman Fox made a motion, seconded by Councilman Gilliam, to award this bid to the low bidder, Reily Graphic Services for a total price of $13,385.82. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR GRANULAR ACTIVATED CARBON Councilwoman Moylan made a motion, seconded by Councilwoman Po ple, to award this bid to the low bidder, Calgon Carbon Corp. for a total price of $p97,447.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PARKING EQUIPMENT Councilwoman Shales made a motion, seconded by Councilman Gilliam, to award this bid to the low bidder, Anchor Parking & Security Company for a total price of $13,150.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR HEMMENS STAGE FLOOR Councilman Walters made a motion, seconded by Councilwoman Moylan, to award this bid to the low bidder, Town & Country Interiors for a total price of $25,480.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR FLOW RECORDER Councilman Gilliam made a motion, seconded by Councilman Fox, to award this bid to the low bidder, Bristol Babcock Inc. for a total price of $8,432.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV BID AWARDED FOR OFFICE FURNITURE 777 Councilman Fox made a motion, seconded by Councilman Gilliam, to award this bid to the low bidder, B & H Industries for a total price of $5,932.50. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR GROUNDS MAINTENANCE EQUIPMENT Councilwoman Shales made a motion, seconded by Councilwoman Popple, to award this bid to the lowest responsible bidder, Ralph Helm Inc. for a total price of $22,960.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR LYLE AVENUE BOOSTER STATION AND 16" WATERMAIN EXTENSION Councilwoman Moylan made a motion, seconded by Councilman Walters, to award this bid to the low bidder, Kovilic Construction Company for the booster station for a total price of $387,986.00, and Gluth Brothers Construction Company for the 16" watermain for a total price of $144,885.00. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR REFUSE COLLECTION AND RECYCLING SERVICES Councilman Gilliam made a motion, seconded by Councilwoman Moylan, to award this bid to the low bidder, Elgin Wayne Disposal. Councilman Walters: It is the intent of this council that the city employees be treated fair ly. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 77-89 REQUESTING ANNEXATION, R-2 SINGLE FAMILY RESIDENCE DISTRICT ZONING AND PRELIMINARY PLAT APPROVAL PROPERTY LOCATED ON THE NORTH AND SO[ Sinrs OF HnPPS Pnnn Councilwoman Popple made a motion, seconded by Councilman Gilliam, to remove Petition 77-89 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to approve Petition 77-89 subject to Judge Melvin Dunn's order and the proposed impact fee ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 778 PETITION 78-89 REQUESTING ANNEXAT DEVEL W 0 VOLUME LIV R-2 SINGLE FAMILY RESIDENCE W D ON Councilman Walters made a motion, seconded by Councilwoman Shales, to remove Petition 78-89 from the table. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: !None. Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to approve Petition 78-89 subject to the: proposed impact fee ordinance. Councilwoman Moylan rece-iived verification from Greg Zale that the plan will provide sufficient right of way for a: double left lane for turning on Bowes Road. Yeas: Councilmen Fora;, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Nonce. PUBLIC HEARII ON PETITION 74-89 REGARDING PROPOSED ANNEXATION AGREEMENT TERRITORY LOCATED NORTH ON HIGHLAND AVENUE Councilman Walters made a motion, seconded by Councilwoman Popple, to continue the public hearing to January I?0, 1990. _Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor 'ranDeVoorde. Nays: None. NDUM REQUESTING A PUBLIC HEARING DATE OF JANUARY 24, 1990 I�rIJ 1 JIVt_ I-ll YJi! Y. I..�J I JtVL Vl 1 \nl \V rl l-L 1 \VrIV .VI \ VI THE NORTHWEST TOLLWAY, PETITION 99-8 Councilman Gilliam made a motion, seconded by Councilman Walters, to approve the above mentioned public hearing date. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. MEMORANDUM REQUESTING A PUBLIC HEARING DATE OF JANUARY 24. 1 71 JK Councilwoman Shales made a motion, seconded by Councilman Walters, to approve the above mentioned public hearing date. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV 779 MEMORANDUM REQUESTING A PURI I(- HFARINC nATF OF IAH1 IARY ?e 1990 Councilwoman Moylan made a motion, seconded by Councilman Fox, to approve the above mentioned public hearing date. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 90-89 REQUESTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO B-3 SERVICE BUSINESS DISTRICT PROPERTY LOCATED AT 28-40 NORTH AIRLITE STREET, BY LEON RAPP, AS APPLICANT Councilman Walters made a motion, seconded by Councilman Fox, to approve Petition 90-89. Roger Dahlstrom stated that although the petition requests a B-3 Service Business District zoning, the Planning Committee recommends a B-1 Community Business District zoning. The petitioner has agreed to a B-1 classification. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 92-89 REQUESTING AN AMENDMENT TO SPECIAL USE ORDINANCE NO. G21-85 GRANTING A SPECIAL USE FOR AN ANTIQUE AUTOMOBILE REPAIR GARAGE, PROPERTY LOCATED AT Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to approve Petition 92-89 subject to all recommendations. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 97-89 REQUESTING AN M-1 LIMITED MANUFACTURING DISTRICT SPECIAL USE FOR A RESTAURANT, PROPERTY LOCATED AT 1500 EXECUTIVE DRIVE. BY AMERICAN ANTENNA CORP__ AS APPI (CANT L Councilwoman Shales made a motion, seconded by Councilman Gilliam, to approve Petition 97-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. PETITION 95-89 REQUESTING A REZONING FROM B-3 SERVICE BUSINESS DISTRICT TO M-2 GENERAL MANUFACTURING DISTRICT, PROPERTY LOCATED ON RIVER RIDGE DRIVE AND AIRPORT ROAD, BY BRUCE BINGHAM. AS APPLICANT. Councilwoman Moylan made a motion, seconded by Councilman Gilliam, to approve Petition 95-89. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. .o APPLICATION S20-89 REQUESTING FINAL PLAT APPROVAL F M VOLUME LIV UNIT 7 OF Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to approve Application S20-89. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Gilliam. RESOLUTION ADOPTED APPROVING FINAL PLAT FOR COLLEGE GREEN UNIT 6 Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: Councilman Gilliam. RESOLUTION APPROVING FINAL PLAT FOR COLLEGE GREEN UNIT 6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Donohue dated September 28, 1989 for College Green Unit 6. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 6 Nays I Recorded: Attest: s/ Nancyl Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV WE Ordinance No. G 104-89 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 11.60 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 1 1.60.050P the following: Melrose Avenue. Melrose Avenue, west side thereof, from Highland Avenue to Wolff Avenue, from eight a.m. to four p.m. on school days. 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 pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A UBSCRIBER AGREEMENT WITH WEST PUBLISHING COMPAI IN Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 782 RESOLUTION AUTHORIZING EXECUTION OF A SUBSCRIBER AGREEMENT WITH WEST PUBLISHING COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a subscriber agreement on behalf of the City of Elgin with West Publishing Company for computer assisted legal research service, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nanc II Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TWO RIVERS HEAD START AGENCY Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TWO RIVERS HEAD START AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Two Rivers Head Start Agency for the Dial -a -Ride Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ NancygZa Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AMENDED MEMORANDUM OF AGREEMENT WITH THE COUNTY OF KANE 783 Councilman Walters made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED MEMORANDUM OF AGREEMENT WITH THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an amended memorandum of agreement on behalf of the City of Elgin with the County of Kane for the improvement of Big Timber Road, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nan o I I Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF KANE Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 784 VOLUME LIV RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute a memorandum of agreement on behalf of the City of Elgin with the County of Kane for the maintenance/construction of Big Timber Road, Randall Road to Route 31, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nanc Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GREYHOUND LINES, INC. Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GREYHOUND LINES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the the Greyhound Lines, Inc. for use of the bus terminal, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Nancy Roll, Deputy Clerk PUBLIC HEARING ON THE PROIED ISSUANCE TAX EXEMPT LIMITED OBLIGATION.130 - P & K PRO 3.450.000 OJECT 785 Mayor VanDeVoorde opened the public hearii%g., iNo one appeared to address the proposed bond issue. Councilwoman Moylan made a motion, seconuilled :by Councilwoman Popple, to close the public hearing. Yeas: Councilmen Fvx, I.M11116ern, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ORDINANCE PASSED PROVIDING FOR -TIHE FINANCING BY THE CITY OF ELGIN, ILLINOIS OF AN INDUSTRIAL PR LEST CONSISTING OF BUILDINGS, IMPROVEMENTS EQUIPMENT AND.RL1LA7ED PROPERTY IN ORDER THAT GORDON A. PEELE AND FRANCINE P ELE COLLECTIVELY THE "OBLIGOR" MAY Councilwoman Popple made a malioN semonded by Councilman Fox, to pass the aforementioned ordinance. Yeas: 'Coume'illmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nayv, Nome. S• VOLUME LIV ORDINANCE NO. 521-89 AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF ELGIN, ILLINOIS OF AN INDUSTRIAL PROJECT CONSISTING OF BUILDINGS, IMPROVEMENTS, EQUIPMENT AND RELATED PROPERTY IN ORDER THAT GORDON A. PEELE AND FRANCINE PEELE (COLLECTIVELY THE "OBLIGOR") MAY BE PROVIDED WITH FACILITIES TO RELIEVE CONDITIONS OF UNEMPLOYMENT WITHIN THE CITY THEREBY REDUCING THE EVILS ATTENDANT UPON UNEMPLOYMENT; AUTHORIZING THE ISSUANCE OF ITS $3,450,000 TAX EXEMPT ADJUSTABLE MODE LIMITED OBLIGATION REVENUE BONDS (P & K PRODUCTS CO. PROJECT) IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF ELGIN, ILLINOIS AND THE OBLIGOR; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING SAID BONDS; AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF SAID BONDS; AND RELATED MATTERS. WHEREAS, the City of Elgin, Illinois, a municipal corporation existing under the Constitution and the laws of the State of Illinois (the "Issuer"), is authorized and empowered under its home rule powers, as set forth in the 1970 Constitution of the State of Illinois, Article VII, Section 6 and the provisions of an Ordinance adopted on February 13, 1980, as from time to time supplemented and amended (the "Act") to issue its revenue bonds to finance the costs of any industrial project to the end that the Issuer may be able to relieve conditions of unemployment, to maintain existing levels of employment and to encourage the increase of industry and commerce within the City of Elgin, thereby reducing the evils attendant upon unemployment and provide for the public safety, benefit and welfare of the residents of the City of Elgin; and WHEREAS, as a result of negotiations between the Issuer and Gordon A. Peele and Francine Peele, (collectively the "Obligor") and in reliance upon a resolution duly adopted by the City Council of the Issuer on September 27, 1989 the Obligor VOLUME LIV 787 will enter into contracts for the costs of constructing an approximately 120,000 square foot manufacturing building and acquiring new machinery and equipment for use therein in the manufacture of sports paraphernalia on Fox Lane, near the northwest tollroad within the Issuer (hereinafter referred to as the "Project"), which Project is of the character and accomplishes the purposes provided by the Act, and the Issuer is willing to issue its revenue bonds to finance the cost of the Project and to enter into a loan agreement with the Obligor upon terms which will produce revenues and receipts sufficient to provide for the prompt payment at maturity of the principal, premium, if any, and interest on such revenue bonds, all as set forth in the details and provisions of the Loan Agreement hereinafter identified; and WHEREAS, it is necessary and proper for the Issuer for the benefit of the inhabitants within the Issuer to authorize the financing of the Project and the issuance of the Issuer's Tax Exempt Adjustable Mode Limited Obligation (P & K Products Co. Project) in the aggregate principal amount of $3,450,000 (the "Bonds"); and WHEREAS, Ehrlich Bober & Co., Inc. (the "Underwriter") has indicated its willingness to purchase the Bonds; and WHEREAS, it is necessary to authorize the execution of a Loan Agreement between the Issuer and the Obligor under the terms of which the Issuer will lend the proceeds of the sale of the Bonds to the Obligor to finance a portion of the costs of construction of the Project, the payments to be paid by the Obligor to the Issuer in repayment of the loan to be sufficient to -2- VI:M VOLUME LIV pay at maturity the principal of, premium, if any, and interest on the Bonds; and WHEREAS, it is necessary for the Issuer to execute and deliver a Trust Indenture to American National Bank and Trust Company of Chicago, as Trustee (the "Trustee") for the holders from time to time of the Bonds pursuant to which the Bonds will be issued; and WHEREAS, Comerica Bank -Detroit (the "Bank"), will issue an Irrevocable Transferable Direct Pay Letter of Credit to the Trustee (the "Letter of Credit"); and WHEREAS, it is necessary to authorize the sale of the Bonds and to execute a Bond Purchase Agreement hereinafter defined in connection therewith; and WHEREAS, a Preliminary Offering Circular (the "Preliminary Offering Circular") has been prepared and presented to this meeting; WHEREAS, the Issuer has caused to be prepared and presented to this meeting the following documents, which the Issuer proposes to enter into: 1. The Loan Agreement dated as of December 1, 1989, between the Issuer and the Obligor (the "Loan Agreement"); 2. The Trust Indenture dated as of December 1, 1989 (the "Indenture"), between the Issuer and the Trustee, setting forth terms, conditions and security requirements for the proposed bond issue to finance the Project and containing the form of the Bonds; and -3- VOLUME LIV 789 3. The Bond Purchase Agreement to be dated December 21, 1989 (the "Bond Purchase Agreement"), by and among the Issuer, the Obligor and the Underwriter; and WHEREAS, the Issuer held a Public Hearing pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") on December 19, 1989 and hereby approves the issuance of the Bonds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, STATE OF ILLINOIS, AS FOLLOWS: Section 1. That the form, terms and provisions of the proposed Loan Agreement and Indenture be, and they hereby are, in all respects approved, and that the Mayor and City Clerk of the Issuer be, and they are hereby authorized, empowered and directed to execute and deliver such instruments in the name and on behalf of the Issuer, to cause the Loan Agreement to be delivered to the Obligor and to cause the Indenture to be delivered to the Trustee; that the Indenture shall constitute a lien for the security of the Bonds and upon all right, title and interest of the Issuer in and to the Loan Agreement (except for certain rights of the Issuer to indemnification and payment of expenses) and in and to the payments, revenues and receipts payable to the Issuer pursuant thereto, and said revenues are hereby and in the Indenture pledged for such purpose; that the Loan Agreement and the Indenture are to be in substantially the respective forms submitted to this meeting and hereby approved, with such changes therein as shall be approved by the officials of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the -4- 790 VOLUME LIV forms of the Loan Agreement and the Indenture hereby approved; and that from and after the execution and delivery of such instruments, the officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of such instrument as executed. Section 2. That the form, terms and provisions of the proposed Bond Purchase Agreement, a copy of which is before this meeting, be, and it hereby is, in all respects approved, and that the Mayor of the Issuer be, and he hereby is, authorized, empowered and directed to execute the Bond Purchase Agreement in the name and on behalf of the Issuer and thereupon to cause the Bond Purchase Agreement to be delivered to the Underwriter and the Obligor; that the Bond Purchase Agreement is to be in substan- tially the form thereof submitted to this meeting and hereby approved, with such changes therein as shall be approved by the official of the Issuer executing the same, his execution thereof to constitute conclusive evidence of his approval of any and all changes or revisions therein from the form of such instrument hereby approved; that the Bond Purchase Agreement shall be entered into with the Underwriter and the Obligor; and that from and after the execution and delivery of such instrument, the officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things necessary to carry out and comply with the provisions of such instrument as executed. -5- VOLUME LIV 791 Section 3. That the issuance of the Bonds in the aggregate principal amount of $3,450,000 to mature on December 1, 2010 with mandatory sinking fund redemptions in each of the years provided in Exhibit A from 1992 to and including 2010 at interest rates per annum as provided in the Indenture is hereby approved and the Mayor and the City Clerk of the Issuer be and are hereby authorized, empowered and directed to cause to be prepared the Bonds in the form and having the other terms and provisions specified in the Indenture (as executed and delivered); that the Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of its Mayor and the manual or facsimile signature of its City Clerk and the seal of the Issuer shall be impressed or reproduced thereon, and that the Mayor or any other officer of the Issuer shall cause the Bonds, as so executed and attested, to be delivered to the Trustee for authentication and the Trustee is hereby requested to authenticate the $3,450,000 aggregate principal amount of Bonds; and the form of the Bonds submitted to this meeting as the same appears in the Indenture, subject to appropriate insertion and revision in order to comply with the provisions of said Indenture be, and the same hereby is, approved, and when the same shall be executed on behalf of the Issuer in the manner contemplated by the Indenture and this Resolution in the aggregate principal amount of $3,450,000, it shall represent the approved form of the Bonds of the Issuer. Section 4. That the distribution and use of the Preliminary Offering Circular by the Underwriter is hereby ratified and the distribution and use of a Final Offering Circular is hereby authorized. -6- 792 VOLUME LIV Section 5. That the sale of the Bonds to the Underwriter at a purchase price of 100% of the principal amount thereof, upon the terms and conditions set out in the Bond Purchase Agreement, be, and is, in all respects authorized and approved. Section 6. That from and after the execution and delivery of said documents, the proper officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of said documents as executed and to further the purposes and intent of this Ordinance, including the preamble hereto. Section 7. That all acts and doings of the officials of the Issuer which are in conformity with the purposes and intent of this Ordinance and in furtherance of the issuance and, sale of the Bonds in the aggregate principal amount of $3,450,00(1and the financing of the Project to that amount be, and the same hereby are, in all respects, approved and confirmed. Section 8. That approval is hereby granted for the issuance of the Bonds pursuant to Section 147(f) of the Code. Section 9. The 'lasuer herehy elects to have the provisions of Section 144(a)(4)(A) of the Code apply to the Bonds and hereby affirmatively notes the same on its records. Section 10. Pursuant to the Indenture the Underwriter is hereby appointed the initial Remarketing Agent. Section 11. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or -7- VOLUME LIV 793 provision shall, for any reason, be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions.' Section 12. That all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby superseded. Section 13. This Ordinance shall be in full force and effect from and after its passage and approval, in accordance with law. PASSED this 19th day of December, 1989. APPROVED this 19th day of December, 1989. s/ George VanDeVoorde Mayor ATTEST: s / Nark Roll Deputy Clerk AYES: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde NAYS: None ABSENT: None -8- 794 VOLUME LIV EXHTBTT A Sinking Fund Redemption Date December 1 Amount 1992 $150,000 1993 100,000 1994 100,000 1995 100,000 1996 100,000 1997 150,000 1998 150,000 1999 150,000 2000 150,000 2001 150,000 2002 150,000 2003 200,000 2004 200,000 2005 250,000 2006 250,000 2007 250,000 2008 250,000 2009 300,000 2010 (Maturity) 300,000 ORDINANCE PASSED AMENDING THE 1989 BUDGET Councilman Gilliam made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. WE VOLUME LIV AN ORDINANCE Ordinance No. T13-89 795 AMENDING THE 1989 BUDGET NOIS; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLI- Section 1. That the 1989 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accor- dance with the following schedule: CITY OF ELGIN SUMMARY OF BUDGET AMEND FOR THE YEAR 1989 FUND AND DEPARTMENT GENERAL FUND 011 Mayor & City Council 012 Office of the City Mgr. 013 Purchasing & Research 015 Legal Department 017 Human Resources Dept. 019 Boards & Commissions 020 Finance Department 030 Dept. of Buildings 040 Planning Department 050 Police Department 059 Civil Defense Division 060 Fire Department 061 Bureau of Insp. Serv. 071 Public Works - Admin. 072 Engineering Division 074 Electrical Division 075 Sanitation Division 076 Streets Division 077 Sewers Division 079 Construction Division 081 Parks & Recreation Administration 082 Recreation Division 088 Parks Maintenance 089 Hemmens Auditorium 190 Non -Departmental Exp. Total General Fund Approved Amended 1989 1989 Increase Budget Budget (Decrease) $ 143,400 $ 143,400 $ 0 263,550 263,550 0 113,625 113,625 0 264,795 264,795 0 298,870 299,645 775 159,590 159,590 0 1,091,300 1,091,300 0 397,785 397,785 0 521,525 521,525 0 7,398,795 7,398,795 0 6,965 6,965 0 4,590,560 4,590,560 0 856,015 856,015 0 197,975 197,975 0 655,640 655,640 0 689,960 689,960 0 1,744,520 1,744,520 0 1,214,900 1,215,400 500 424,545 424,545 0 256,350 256,350 0 122,650 122,650 0 453,330 453,330 0 1,099,375 1,099,375 0 350,270 350,270 0 2,413.185 2.413.185 0 $25,729,475 $25,730,750 $1,275 SPECIAL REVENUE 200 Public Benefit Fund $ 210 Road & Bridge Fund 230 Comm. Dev. Grant 240 Spring St. Parking Dist. 260 S. Grove Special Tax Allocation Fund 238,920 $ 238,920 $ 0 245,400 245,900 500 1,837,660 1,837,660 0 59,940 59,940 0 1,176,255 1,176,255 0 796 CITY OF ELGIN VOLUME LIV SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1989 Approved Amended 1989 1989 Increase Budget Budget (Decrease) FUND AND DEPARTMENT SPECIAL REVENUE 280 IMRF Fund $ 2,226,525 $ 2,226,525 $ 0 290 Motor Fuel Tax Fund 1,285,135 1,285,135 0 Total Special Revenue $ 7,069,835 $ 7,070,335 $ 500 DEBT SERVICE 300 Corporate Bond Fund $ 3,215,545 $ 3,215,545 $ 0 301 SSA #4 Debt Service 338,900 338,900 0 Total Debt Service $ 3,554,445 $ 3,554,445 $ 0 CAPITAL IMPROVEMENTS 340 Park Development Fund $ 79,885 $ 79,885 $ 0 350 Downtown Redev. Fund 124,895 124,895 0 360 Capital Improvement - Cable TV Project 1,000,915 1,000,915 0 370 Area K TIF Bonds 3,625,000 3,625,000 0 378 Capital Improvement - Tyler Creek 1,291,865 1,291,865 0 382 Capital Improvement - 1985 Bond Issue 0 8,960 8,960 385 Capital Imprv. Fund 1,551,920 1,551,920 0 386 1987 G.O. Bond Project Fund 1,467,305 1,467,305 0 387 Dundee Ave. TIF Bonds 2,222,310 2,222,310 0 388 1988 G.O. Bond Project Fund 3,039,500 3,039,500 0 389 1989 G.O. Bond Project Fund 3,398,170 3,398,170 0 Total Capital Imprv. $17,801,765 $17,810,725 $ 8,960 MUNICIPAL ENTERPRISE 400 Water Operating Fund $ 8,356,780 $ 8,356,780 $ 0 410 Water Imprv. Fund 874,800 874,800 0 430 Sewer Imprv. Fund 1,572,905 1,572,905 0 450 Parking Operating Fund 148,100 150,545 2,445 455 Spring St. Parking Operating Fund 124,245 124,245 0 500 Cemetery Operating Fund 391,505 391,505 0 540 Golf Operating Fund 761,505 761,505 0 550 Sports Complex 150,895 166,165 15,270 570 Transportation Operating Fund 2,109,540 2,161,975 53,435 575 Para -Transit 105,485 105,485 0 576 Hampshire Para -Transit 0 11,310 11,310 Total Municipal Enter. $14,594,760 $14,677,220 $82,460 VOLUME LIV CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1989 797 Approved 1989 Budget FUND AND DEPARTMENT TRUST AND AGENCY 600 Police Pension Fund $ 2,455,050 610 Fire Pension Fund 2,245,065 Total Trust and Agency $ 4,700,115 INTERNAL SERVICE 630 Risk Management $ 3,484,985 700 Municipal Garage Fd. 549,270 705 Transp. Garage Fund 444,300 Total Internal Service $ 4,478,555 Total Gross Expenditures $77,928,950 Less Interfund Transfers 6.504.670 Amended 1989 Budget Increase (Decrease) $ 2,513,750 $ 58,700 2,276,565 31,500 $ 4,790,315 $ 90,200 $ 3,484,985 $ 0 549,270 0 444,800 500 $ 4,479,055 $ 500 $78,112,845 $183,895 6.506.445 1.775 Net Expenditures $71,424,280 $71,606,400 $182,120 798 CITY OF ELGIN VOLUME LIV BUDGET AMENDMENTS FOR THE YEAR 1989 Approved Amended 1989 1989 Budget Budget Increase (Decrease) FUND AND DEPARTMENT 010 General Fund Means of Financing: 6569 Administrative Transfer - Hampshire $ 0 $ 775 $ 775 6694 Transfer from Road and Bridge 245,400 245,900 500 $ 245,400 $ 246,675 $ 1,275 Expenditures: 017 Human Resources: 820 Office Services $ 11,505 $ 12,280 $ 775 $ 11,505 $ 12,280 $ 775 076 Street Maintenance: 840 Utilities $ 17,610 $ 18,110 $ 500 $ 17,610 $ 18,110 $ 500 210 Road and Bridge Fund Means of Financing: 411 Prop. Tax - Delinquent $ 0 $ 500 $ 500 $ 0 $ 500 $ 500 Expenditures: 9191 Transfer to Gen. Fund $ 245,400 $ 245,900 $ 500 $ 245,400 $ 245,900 $ 500 382 Capital Imprv. - 1985 Bond Issue Means of Financing: 645 Recovery of Costs $ 0 $ 8,960 $ 8,960 $ 0 $ 8,960 $ 8,960 Expenditures: 990 New Construction $ 0 $ 8,960 $ 8,960 $ 0 $ 8,960 $ 8,960 450 Parking Operating Fund Means of Financing: 584 Parking - Non -Metered Lots $ 78,000 $ 78,000 Expenditures: 700 Salaries and Wages $ 70,120 840 Utilities 22,840 $ 92,960 $ 80,445 $ 2,445 $ 80,445 $ 2,445 $ 72,295 $ 2,175 23,110 270 $ 95,405 $ 2,445 VOLUME LIV CITY OF ELGIN 799 BUDGET ANIENDMENTS FOR THE YEAR 1989 Approved Amended 1989 1989 Increase Budget Budget (Decrease) FUND AND DEPARTMENT 550 Sports Complex Fund Means of Financing: 592 Program Fees $ 134,290 $ 149,000 $14,710 688 Royalties 1,750 2,310 560 $ 136,040 $ 151,310 $15,270 Expenditures: 700 Salaries and Wages $ 46,860 7051 Pension Contributions IMRF 4,395 707 Insurance Charges 5,240 720 General Operating Supplies 32,280 840 Utilities 22,925 870 Miscellaneous Services 8.140 $ 119,840 570 Transportation Operating Fund Means of Financing: 511 RTA Grant $1,437,955 5891 Passenger Revenue - Adult 356,810 $1,794,765 Expenditures: $ 51,465 $ 4,605 5,210 815 9,490 4,250 34,880 2,600 25,700 2,775 8,365 225 $ 135,110 $15,270 $1,487,550 $49,595 360,650 3,840 $1,848,200 $53,435 707 Insurance Charges $ 180,100 $ 196,420 $16,320 800 Professional Services 1,745 2,895 1,150 825 Postage, UPS, etc. 7,325 8,715 1,390 840 Utilities 48,925 78,785 29,860 850 Repair & Maintenance Services 33,480 38,195 4,715 $ 271,575 $ 325,010 $53,435 576 Hampshire Para Transit Fund Means of Financing: 511 RTA Grant $ 0 $ 10,560 $10,560 565 Para Transit Service 0 750 750 $ 0 $ 11,310 $11,310 Expenditures: 700 Salaries $ 0 $ 5,460 $ 5,460 7051 Pension Contributions IMRF 0 660 660 707 Insurance 0 90 90 720 General Oper. Supplies 0 2,080 2,080 825 Postage, UPS, etc. 0 130 130 800 CITY OF ELGIN VOLUME LIV BUDGET AMENDMENTS FOR THE YEAR 1989 Approved Amended 1989 1989 Increase Budget Budget (Decrease) FUND AND DEPARTMENT 576 Hampshire Para Transit Fund Expenditures (Contd.): 850 Repair & Maint. Serv. 0 2,115 2,115 906 Transfer - Admin. Costs 0 775 775 $ 0 $ 11,310 $11,310 600 Police Pension Means of Financing: 672 Investment $1,650,000 $1,680,000 $30,000 691 Employee Withholdings 300,000 328,700 28,700 $1,950,000 $2,008,700 $58,700 Expenditures: 941 Pension Payments - Pensioner $ 425,000 $ 483,700 $58,700 $ 425,000 $ 483,700 $58,700 610 Fire Pension Means of Financing: 672 Investment Income $1,600,000 $1,630,000 $30,000 691 Employee Withholdings 250,000 251,500 1,500 $1,850,000 $1,881,500 $31,500 Expenditures: 949 Provision for Future Pensions $1,023,235 $1,054,735 $31,500 $1,023,235 $1,054,735 $31,500 705 Transportation Garage Fund Means of Financing: 6697 Transfer from Transportation $ 411,075 $ 411,575 $ 500 $ 411,075 $ 411,575 $ 500 Expenditures: 700 Salaries and Wages $ 220,340 $ 220,840 $ 500 $ 220,340 $ 220,840 $ 500 VOLUME LIV 801 Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ George VanDeVoorde George Van De Voorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ NNa o11 Nancy Roll, Deputy Clerk ORDINANCE PASSED ADOPTING THE 1990 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Councilman Gilliam made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. 802 VOLUME LIV ORDINANCE NO. T12-89 AN ORDINANCE ADOPTING THE 1990 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 1990; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least ten days; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appear- ing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget director and placed on file as required by the statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 1990 with the following amendments: CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1990 Proposed Amended 1990 1990 Increase Budget Budget (Decrease) FUND AND DEPARTMENT O10 GENERAL FUND 011 Mayor and City Council $ 156,345 $ 177,065 $ 20,720 012 Office of the City Manager 353,800 353,800 0 013 Purchasing and Research 128,935 128,935 0 015 Legal Department 292,665 302,580 9,915 017 Human Resources Dept. 377,280 377,280 0 019 Boards and Commissions 181,685 202,945 21,260 020 Finance Department 1,182,505 1,182,505 0 030 Dept. of Buildings 422,790 422,790 0 040 Planning Department 546,030 546,030 0 050 Police Department 8,065,615 8,215,345 149,730 059 Civil Defense Division 47,135 47,135 0 060 Fire Department 5,253,945 5,224,915 (29,030) 061 Bureau of Insp. Serv. 993,405 1,041,585 48,180 071 Public Works Admin. 210,550 210,550 0 VOLUME LIV CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1990 FUND AND DEPARTMENT 010 GENERAL FUND (CONTD.) 072 Engineering Division 074 Electrical Division 075 Sanitation Division 076 Streets Division 077 Sewers Division 079 Construction Division 081 Parks & Recreation Admin. 082 Recreation Division 088 Parks Maintenance 089 Hemmens Auditorium 190 Non -Departmental Expense Total -General Fund SPECIAL REVENUE 200 Public Benefit Fund 210 Road and Bridge Fund 220 Emerg. Telephone System 230 Comm. Development Grant 240 Spring St. Parking Dist. 260 S. Grove Special Tax Allocation Fund 261 Dundee Spec. Tax Alloc. 280 IMRF Fund 290 Motor Fuel Tax Fund Total -Special Revenue DEBT SERVICE 300 Corporate Bond Fund 301 SSA #4 Debt Service Total -Debt Service CAPITAL IMPROVEMENTS 340 Park Development Fund 350 Downtown Redev. Fund 360 Capital Improvement -Cable TV Project 370 Area K TIF Bonds 378 Capital Improvement -Tyler Creek 384 1986 G.O. Bond Proj. Fd. 385 Capital Improvement Fund 386 1987 G.O. Bond Proj. Fd. 387 Dundee Ave. TIF Bonds 388 1988 G.O. Bond Proj. Fd. 389 1989 G.O. Bond Proj. Fd. 390 1990 G.O. Bond Proj. Fd. Total -Capital Improve. Proposed 1990 Budget $ 786,570 662,575 1,956,135 2,504,060 508,840 165,020 135,555 598,000 1,257,960 432,430 4,947,520 $32,167,350 Amended 1990 Budget $ 786,570 662,575 1,956,135 2,504,060 508,840 165,020 137,055 618,500 1,257,960 432,430 2,969,960 $30,432,565 Increase (Decrease) $ 0 0 0 0 0 0 1,500 20,500 0 0 (1,977,560) $(1,734,785) $ 224,250 $ 224,250 $ 0 261,900 261,900 0 352,970 352,970 0 2,076,970 2,076,970 0 60,310 60,310 0 1,457,770 Fd. 71,000 2,533,705 1.877.395 $ 8,916,270 $ 3,762,585 341,950 $ 4,104,535 $ 169,525 $ 32,080 1,100,570 3,169,660 1,368,490 703,370 3,910,900 475,765 2,569,735 3,525,005 2,842,540 2.500.000 $22,367,640 1,457,770 71,000 2,533,705 1.877.395 $ 8,916,270 $ 3,762,585 341,950 $ 4,104,535 $ 0 $ 0 0 $ 0 169,525 $ 0 32,080 0 1,100,570 3,169,660 1,368,490 703,370 1,776,475 475,765 2,569,735 3,525,005 2,842,540 4.634.425 $22,367,640 0 0 (2,134,425) 0 0 0 0 2.134.425 $ 0 VOLUME LIV CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1990 FUND AND DEPARTMENT MUNICIPAL ENTERPRISE 400 Water Operating Fund 410 Water Imprv. Fund 430 Sewer Imprv. Fund 450 Parking Operating Fund 455 Spring St. Parking Operating Fund 500 Cemetery Oper. Fund 540 Golf Operating Fund 543 Golf Imprv. Fund 550 Sports Complex 570 Transportation Oper. Fd. 575 Para -Transit Fund 576 Hampshire Para -Transit Total-Mun. Enterprise TRUST AND AGENCY 600 Police Pension Fund 610 Fire Pension Fund Total -Trust and Agency INTERNAL SERVICE 630 Risk Management Fund 700 Municipal Garage Fund 705 Transp. Garage Fund Total -Internal Service Proposed Amended 1990 1990 Increase Budget Budget (Decrease) $ 8,817,610 $ 8,817,610 $ 0 990,785 990,785 0 2,629,235 2,629,235 0 149,800 149,800 0 160,530 362,240 971,890 42,865 174,725 2,273,995 110,470 31.170 $16,715,315 $ 2,750,120 2,545,445 $ 5,295,565 $ 4,064,815 532,735 452,095 $ 5,049,645 160,530 362,240 971,890 42,865 174,725 2,273,995 110,470 31.170 $16,715,315 $ 2,740,940 2,516,415 $ 5,257,355 $ 4,064,815 532,735 452,095 $ 5,049,645 TOTAL GROSS EXPENDITURES $94,616,320 $92,843,325 LESS INTERFUND TRANSFERS 10,978,425 8,811,655 NET EXPENDITURES $83,637,895 $84,031,670 $ 0 $ (9,180) (29,030) $ (38,210) $ 0 0 0 $ 0 $(1,772,995) (2,166,770) $ 393,775 VOLUME LIV 805 CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1990 Proposed Amended 1990 1990 Budget Budget FUND AND DEPARTMENT 010 GENERAL FUND Means of Financing: Unencumbered Cash Balance $ 2,896,350 $ 3,006,350 441 Building Permits 192,500 341,000 442 Electrical Permits 55,000 110,000 444 Heating & Air Conditioning Permits 445 446 605 6593 6593 Occupancy Permits Plumbing Permits Special Detail Fee Pension Transfer - Pol Pension Trans. - Fire Expenditures: 011 Mayor and City Council 33,000 8,800 55,000 80,000 ice 576,940 509.445 $ 4,407,035 66,000 13,200 126,500 90,000 567,760 480.415 $ 4,8011225 708 Employee Transfers $ 6,225 $ 820 Office Services 21,750 015 Legal Department 700 Salaries and Wages 190,750 7051 Pension Contrib.-IMRF 33,805 707 Insurance Charges 20,500 7072 Insurance Charges 500 707 Employee Allowances 520 709 Personal Serv. Recovered (6,225) 019 Boards and Commissions 9532 Economic Dev. Comm. 45,500 9533 Elgin Image Advis. Comm. 650 9536 Elgin Heritage Comm. 18,435 050 Police Department 700 Salaries and Wages 5,454,835 7051 Pension Cont. - IMRF 160,810 7052 Pension Cont. - Police 576,940 707 Insurance Charges 950,150 710 Office Supplies 35,170 720 Gen. Oper. Supplies 131,350 835 Training Expense 49,205 886 Surety Bonds 1,080 060 Fire Department: 7053 Pension Cont. - Fire 493,570 Increase (Decrease) 110,000 148,500 55,000 33,000 4,400 71,500 10,000 (9,180) (29,030) $ 394,190 16,945 $ 31,750 204,955 36,600 24,435 0 720 (16,945) 73,660 1,250 10,935 5,561,300 180,375 567,760 976,930 35,280 133,565 52,305 1,755 464,540 10,720 10,000 14,205 2,795 3,935 (500) 200 (10,720) 28,160 600 (7,500) 106,465 19,565 (9,180) 26,780 110 2,215 3,100 675 (29,030) 806 VOLUME LIV CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1990 Proposed Amended 1990 1990 Increase Budget Budget (Decrease) FUND AND DEPARTMENT 061 Bureau of Inspection Services Expenditures: 700 Salaries and Wages $ 584,500 $ 619,175 $ 34,675 7051 Pension Cont. - IMRF 90,115 96,545 6,430 707 Insurance Charges- 101,665 107,840 6,175 970 Capital Additions 12,775 13,675 900 081 Parks and Recreation - Administration 877 Special Events Expense 0 1,500 1,500 082 Recreation Division 870 Misc. Services 190 Non -Departmental 93,410 113,910 20,500 835 Training Expense 0 25,OGG 25,000 9125 Transfer to Dial -A -Ride 0 5,865 5,865 9133 Trans. to Cap. Imprv. 3,344,060 1,209,635 (2,134,425) 960 Capital Expenditures 119,000 245,000 126,000 General Fund (Unfunded) $12,531,045 $10,796,260 $(1,734,785) $(2,128,975) $ 0 $ 2,128,975 $(2,128,975) $ 0 $ 2,128,975 385 CAPITAL IMPROVEMENT FUND Means of Financing: 6695 Trans. from Gen. Fd. $ 3,344,060 $ 1209,635 $(2,134,425) $ 3,344,060 $ 1,209,635 $(2,134,425) Expenditures: 970 Capital Additions, $ 209,220 $ 5,220 $ (204,000) 980 Major Repairs 2,518,445 1,382,255 (1,156,190) 990 New Construction 1,118,235 344,000 (774,235) $ 3,865,900 $ 1,731,475 $(2,134,425) 390 1990 G. O. BOND PROJECT FUNW- Means of Financing: 6961 Sale of Bonds $ 2,500,000 $ 4,634,425 $ 2,134,425 $ 2,500,000 $ 4,634,425 $ 2,134,425 Expenditures: 970 Capital Expenditures $ 0 $ 204,000 $ 204,000 980 Major Repairs 0 1,156,190 1,156,190 990 New Construction 2,500,000 3,274,235 774,235 $ 2,500,000 $ 4,634,425 $ 2,134,425 VOLUME L I V CITY OF ELGIN SUMMARY OF BUDGET A4ENDMENTS FOR THE YEAR 1990 FUND AND DEPARTMENT 575 PARA-TRANSIT FUND Means of Financing: 548 Local Share Grant - Para -Transit 6695 Transfer from General Fund 600 POLICE PENSION FUND Means of Financing: 691 Employee Withholding Expenditures: 918 Pension Transfer Proposed 1990 Budget Amended 1990 Budget Increase (Decrease) $ 22,465 $ 16,600 $ (5,865) 0 5,865 5,865 $ 22,465 $ 22,465 $ 0 $ 379,555 $ 370,375 $ (9,180) $ 379,555 $ 370,375 $ (9,180) $ 576,940 $ 567,760 $ (9,180) $ 576,940 $ 567,760 $ (9,180) 610 FIRE PENSION FUND Means of Financing: 691 Employee Withholdings $ 303,030 $ 274,000 $ (29,030) $ 303,030 $ 274,000 $ (29,030) Expenditures: 918 Pension Transfer $ 509,445 $ 480,415 $ (29,030) $ 509,445 $ 480,415 $ (29,030) Section 2. That the Budget Director is hereby authorized and directed to cause to be prepared and published the 1990 annual budget with the aforementioned amendments. Section 3. That this ordinance shall be in full force and effect from and after January 1, 1990. s/ George VanDeVoorde George Van De Voorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas: 7 Nays: 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk 808 VOLUME LIV RESOLUTION ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1990 Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1990 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of City Council Meetings for 1990 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 1990 Committee of the Whole Meeting January 10, 1990 6:30 P.M. Elgin City Council Meeting January 10, 1990 8:00 P.M. Committee of the Whole Meeting January 24, 1990 6:30 P.M. Elgin City Council Meeting January 24, 1990 8:00 P.M. Committee of the Whole Meeting February 14, 1990 6:30 P.M. Elgin City Council (Meeting February 14, 1990 8:00 P.M. Committee of the Whole Meeting February 28, 1990 6:30 P.M. Elgin City Council Meeting February 28, 1990 8:00 P.M. Committee of the Whole !Meeting March 14, 1990 6:30 P.M. Elgin City Council Meeting March 14, 1990 3:00 P.M. Committee of the Whole ,Meeting March 28, 1990 6:30 P.M. Elgin City Council Meeting March 23, 1990 8:00 P.M. Committee of the Whole Meeting April 11, 1990 6:30 P.M. Elgin City Council Meeting April 11, 1990 8:00 P.M. Committee of the Whole Meeting April 25, 1990 6:30 P.M. Elgin City Council Meeting April 25, 1990 8:00 P.M. Committee of the Whole ,Meeting May 9, 1990 6:30 P.M. Elgin City Council Meeting May 9, 1990 8:00 P.M. Committee of the Whole Meeting May 23, 1990 6:30 P.M. Elgin City Council Meeting May 23, 1990 8:00 P.M. Committee of the Whole Meeting June 13, 1990 6:30 P.M. Elgin City Council Meeting June 13, 1990 8:00 P.M. Committee of the Whole Meeting June 27, 1990 6:30 P.M. Elgin City Council Meeting June 27, 1990 8:00 P.M. Committee of the Whole Meeting July 11, 1990 6:30 P.M. Elgin City Council Meeting July 11, 1990 8:00 P.M. Committee of the Whole Meeting July 25, 1990 6:30 P.M. Elgin City Council Meeting July 25, 1990 8:00 P.M. Committee of the Whole Meeting August 8, 1990 6:30 P.M. Elgin City Council Meeting August 8, 1990 8:00 P.M. Committee of the Whole Meeting August 22, 1990 6:30 P.M. Elgin City Council Meeting August 22, 1990 3:00 P.M. Committee of the Whole ,Meeting September 12, 1990 6:30 P.M. Elgin City Council Meeting September 12, 1990 8:00 P.M. VOLUME LIV 809 Committee of the Whole Meeting September 26, 1990 6:30 P.M. Elgin City Council Meeting September 26, 1990 8:00 P.M. Committee of the Whole Meeting October 10, 1990 6:30 P.M. Elgin City Council Meeting October 10, 1990 8:00 P.M. Committee of the Whole Meeting October 24, 1990 6:30 P.M. Elgin City Council Meeting October 24, 1990 8:00 P.M. Committee of the Whole Meeting November 14, 1990 6:30 P.M. Elgin City Council Meeting November 14, 1990 8:00 P.M. Committee of the Whole Meeting November 28, 1990 6:30 P.M. Elgin City Council Meeting November 28, 1990 8:00 P.M. Committee of the Whole Meeting December 12, 1990 6:30 P.M. Elgin City Council Meeting December 12, 1990 8:00 P.M. Committee of the Whole Meeting December 26, 1990 6:30 P.M. Elgin City Council Meeting December 26, 1990 8:00 P.M. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Rol II Nancy Roll, Deputy Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT Elgin Marine Club Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT (Elgin Marine Club) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a written lease agreement with the Elgin Marine Club for the premises and riverfront area along the Fox River and north of Slade Avenue and legally described as follows: 810 VOLUME LIV Commencing at a point on the Northerly line of the existing paved boat ramp where it intersects with the existing Easterly river bank of the Fox River; thence Northerly along said river bank 100 feet to a point 50 feet South of the existing sea wall along said river bank; thence East 50 feet parallel with the Northerly line of Slade Avenue to the Westerly line of an existing roadway; thence Southerly along said Westerly line to the Northerly line of the existing paved boat ramp; thence Westerly 80 feet along the Northerly line of the existing paved boat ramp to the point of beginning. a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancll Nancy Roll, Deputy Clerk ORDINANCE PASSED ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN R THE 1990 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV IN Ordinance No. G102-89 AN ORDINANCE ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 1990 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES WHEREAS, the City Council has determined that it is necessary and proper to establish a new fee schedule and other policies relative to the operation of the municipal golf courses of the City of Elgin for the 1990 golf season. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the some are hereby established for the two municipal golf courses for the 1990 season, to -wit: SEASON PASSES SPARTAN MEADOWS AND WING PARK Resident Non -Resident Adult (age 16 and over) $ 400.00 $ 435.00 Senior (62 years and over) $ 200.00 * $ 220.00 * Youth (high school student $ 155.00 * $ 170.00 * or age 15 and under) Couples Pass $ 645.00 $ 710.00 WING PARK ONLY Adult (age 16 and over) $ 210.00 $ 230.00 Senior (62 years and over) $ 120.00 * $ 130.00 * Youth (high school student $ 85.00 * $ 90.00 * or age 15 and under) Couples Pass $ 335.00 $ 370.00 * (Course Fee) The course fee shall be paid each time a senior or youth pass is used on Saturday, Sunday or a legal holiday, regardless of the number of holes played and shall be $1.75. After Labor Day no course fee required for youth and senior pass play on Saturday, Sunday or holidays. SPARTAN MEADOWS Adult (18 holes) Adult (9 holes) Youth & Senior (18 holes) Youth & Senior (9 holes) Twilight League Rate IA/ir.i(- onav nnu v ccC: Weekday Resident/Non-Resident $ 10.25/ $ 11.25 $ 6.00/ $ 6.75 $ 8.00/ $ 9.00 $ 4.50/ $ 5.00 $ 6.25/ $ 7.00 $ 6.25/ $ 7.00 VOLUME LIV Weekend/Holidays Resident/Non-Resident $ 15.75/ $ 17.50 N/A N/A N/A $ 9.50 / $ 10.50 N/A Weekday Weekend/Holidays Resident/Non-Resident Resident Non -Resident Adult (18 holes) $ 9.50/ $ 10.50 $ 13.50/ $ 15.00 Adult (9 holes) $ 6.00/ $ 6.75 $ 8.50/ $ 9.25 Youth & Senior (18 holes) $ 7.75/ 8.50 N/A Youth & Senior (9 holes) $ 4.50/ 5.00 N/A Twilight $ 6.00/ $ 6.75 $ 7.75/ $ 8.50 League Rate $ 6.00/ $ 6.75 N/A GOLF CARTS 18 Holes $ 18.00 9 Holes $ 9.00 Pull Carts $ 1.50 SCHOOL TEAM RATES School golf rate to be $350.00 per team per school season. YOUTH PASSES Youth passes will be valid week days prior to twilight time except Tuesdays and Thursdays twilight time at Wing Park, and valid Saturdays, Sundays and holidays, after 11:00 a.m. Youth passes will be valid all day weekdays during the regular school year. SENIOR PASSES Senior passes good at all times. VOLUME LIV DISABLED PERSONS DISCOUNT j-1 9 Senior citizen rates shall be available to adults 62 years and over not otherwise qualifying as senior citizens upon application which includes the following information: I. Name and age of applicant. 2. Notarized affidavit that applicant is unable to work, full or part time, due to physical disability. 3. Written statement from licensed physician stating that the applicant is physically disabled and unable to work full or part time. TWILIGHT TIME Spartan and Wing: 3:00 p.m. Rates at Spartan entitles player to one or more rounds. Rate at Wing entitles player to one round only. RESERVATION CHARGES While reservations are taken, a $1.00 fee will be charged for each reservation. Groups and leagues will be charged a $20.00 fee for their block of times. The league and outing reservation charges are to be paid when contract is returned. GROUP DISCOUNTS For groups of 16 or more not using season tickets, a discount of $1.00 from the applicable 18 hole rate may be granted at the discretion of the Director of Parks and Recreation. For groups of 50 or more not using season tickets, the Director of Parks and Recreation, in his discretion, is authorized to grant an additional discount not to exceed $.50. Section 2. That self-propelled golf carts shall be permitted on the Spartan Course and Wing Course. Section 3. That the city shall stock and sell a line of golf supplies and sell food and non-alcoholic beverages, except as otherwise provided by ordinance, on both courses; that golf leagues shall be promoted and golf tournaments encouraged at both courses. Section 4. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor HIE Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Nancy Roll, Deputy Clerk VOLUME LIV ORDINANCE PASSED GRANTING A SPECIAL USE FOR A CHURCH nnn [7_A_ ,+:__ DI --- Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G 10 1 -89 AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH (400 Federation Place) WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of a special use for a church at 400 Federation Place; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a church at 400 Federation Place, Elgin, Illinois, legally described as follows: VOLUME LIV That part of Lots 11, 12, 13, 14, 15 and 16 and part vacated Leslie Street lying southerly of and adjoining said Lots 11, 12, and 13, all in Fox Ridge Unit No. I, all described as follows: Commencing at the point of intersection of the East line of fractional Section 2, Township 41 North, Range 8, East of the Third Principal Meridian with the southerly line of a tract of land conveyed to Northern Illinois Gas Company by deed recorded November 28, 1958 as Document 876705; thence South 89 08 minutes West along the southerly line of said Gas Company tract, and along the southerly line of a tract of land conveyed to Northern Illinois Gas Company by deed recorded November 28, 1958 as Document 876688, 1087.23 feet for the point of beginning; thence South I East 233 feet; thence westerly, parallel with the southerly line of said Northern Illinois Gas Company tract, 267.79 feet to the westerly line of Lot 16 of said Fox Ridge, Unit No. I; thence northerly along the westerly line and westerly line extended of said Lot 16, and along the westerly line of said Lot I I of Fox Ridge Unit No. I, 233 feet to a point 109.5 feet northerly of the Southwest corner of said Lot I I (also being an angle point in the line of the Gas Company tract acquired by said Document 876688); thence easterly 167.65 feet to the point of beginning) in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. The special use for a church is limited to the lower level of the building. 2. Submission and approval of a parking lot site plan, and monetary assurance to guarantee its development during the next construction season. 3. Provide a minimum of 60 off-street parking spaces. 4. Compliance with all other applicable codes and ordinances. EslF Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor 0 Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Nancy Roll, Deputy Clerk VOLUME LIV ORDINANCE PASSED AMENDING CHAPTER 19.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO DEFINE "FENCE" Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G 103-89 AN ORDINANCE AMENDING CHAPTER 19.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO DEFINE "FENCE" WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to define the term "fence"; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.04 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "19.04.258 Fence. "Fence" means a barrier attached to the ground consisting of vertical and/or horizontal supports and cross members which separate lots or yards, or create privacy on a lot. Fences shall be constructed so that vertical and/or horizontal supports and cross members face the interior of the lot on which the fence is located." VOLUME LIV Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. G 105-89 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of stop intersections under Sec- tion 1 1.32.030 the following: Longford Circle. All vehicles being operated on Longford Circle must stop at Bode Road before crossing or entering the same. Sumac Lane. All vehicles being operated on Sumac Lane must stop at Bode Road before crossing or entering the same. Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. VOLUME LIV Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: \� ' o Q c� s/ Nancy ` Nancy Roll, Deputy Clerk RESOLUTION ADOPTED ESTABLISHING AN HOURLY RATE FOR HIRE OF POLICE OFFICERS Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and {Mayor VanDeVoorde. Nays: None. RESOLUTION ESTABLISHING AN HOURLY RATE FOR HIRE OF POLICE OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there be and is hereby established a rate of $20.00 per hour for regular police officers, and $14.00 per hour for reserve police officers, to be paid by persons requesting said service for each member of the Elgin Police Department on such extra detail assignment, to be effective January I, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy o�ll Nancy Roll, Deputy Clerk VOLUME LIV 819 RESOLUTION ADOPTED APPOINTING MARIANNE NELSON AS A MEMBER OF THE DOWNTOWN LOAN REVIEW COMMITTEE Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION APPOINTING MARIANNE NELSON AS A MEMBER OF THE DOWNTOWN LOAN REVIEW COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Marianne Nelson be and is hereby appointed as a member of the Downtown Loan Review Committee. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ �Nancy II Nancy Roll, Deputy Clerk RESOLUTION ADOPTED CHANGING THE NAME OF A PORTION OF FOX LANE TO ALFT LANE Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION CHANGING THE NAME OF A PORTION OF FOX LANE TO ALFT LANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the public street known as Fox Lane from Randall Road to its western terminus be and the some is hereby redesignated and renamed Alft Lane. BE IT FURTHER RESOLVED that all City signs and maps shall be altered to read Alft Lane at the aforesaid places. 820 VOLUME LIV BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to give written notice to the election authorities having jurisdiction in the area in which the street name is hereby changed and to the post office branch serving that area by certified or registered mail. BE IT FURTHER RESOLVED that the resolution shall be in effect thirty days after notice is given to the election authorities and the post office as provided herein. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ NandII Nancy Roll, Deputy Clerk RESOLUTION ADOPTED IN LIEU OF SURETY BOND FOR WORK DONE IN STATE OF ILLINOIS RIGHTS OF WAY Councilwoman Popp le made a motion, seconded by Councilwoman Moytarsto adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Pdpple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION IN LIEU OF SURETY BOND FOR WORK DONE IN STATE OF ILLINOIS RIGHTS OF WAY WHEREAS, the City of Elgin, located in the Counties of Kane and Cook, State of Illinois, desires to undertake, in the year 1990, the location, construction, operation and maintenance of driveways and street returns, watermains, sanitary and storm sewers, street light, traffic signals, sidewalk, landscaping, etc., on State highways, within the City of Elgin, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois hereinafter referred to as Department; and WHEREAS, an individual working permit must be obtained from the Department of Transportation prior to any of the aforesaid installations being constructed either by the City of Elgin or by a private person or firm under contract and supervision of the City of Elgin. VOLUME LIV 821 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby pledges its good faith and guarantees that all work shall be performed in accordance with the conditions of the permit to be granted by the Department of Transportation, and to hold the State of Illinois harmless on account of any damages that may occur to persons or property during the prosecution of such work, and assume all liability for damages to persons or property due to accidents or otherwise by reason of the work which is to be performed under the provision of said permit. BE IT FURTHER RESOLVED that all authorized officials of the City of Elgin are hereby instructed and authorized to _sign said working permit on behalf of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Nan oll Nancy Roll, Deputy Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF JOHN M. MULLINS FOR THE DEVELOPMENT OF SOUTH GROVE AVENUE Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING THE PROPOSAL OF JOHN M. MULLINS FOR THE DEVELOPMENT OF SOUTH GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of John M. Mullins for the development of South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor 822 VOLUME LIV Presented: December 19, 1989 Adopted: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nanc I Nancy Roll, Deputy Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1989 Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. TIO-89 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1989 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1989A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance T2-89, An Ordinance Providing for the Issuance of $2,500,000 General Obligation Bonds, Series 1989-A, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and WHEREAS, the levy of the tax for the year 1989 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $65,000 for the year 1989 as provided and levied in the ordinance providing for the issuance of $2,500,000 General Obligation Corporate Purpose Bonds, Series 1989A, passed September 27, 1989, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1989. VOLUME LIV 823 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy R611 Nancy Roll, Deputy Clerk ORDINANCE PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 1989 FOR CORPORATE PURPOSE BONDS, SERIES 1989 Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. T 1 1-89 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1989 FOR CORPORATE PURPOSE BONDS, SERIES 1989 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance TI-89, An Ordinance Providing for the Issue of $3,240,000 General Obligation Bonds, Series 1989 of the City of Elgin, Kane and Cook Counties, Illinois, and for the Levy of a Direct Annual Tax Sufficient to Pay the Principal and Interest on said Bonds; and WHEREAS, a portion of the levy of the tax for the year 1989 provided in the ordi- nance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $329,903 for the year 1989 as provided and levied in the ordinance providing for the issuance of $3,240,000 Corporate Purpose Bonds, Series 1989, passed May 25, 1989, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $10,418 and extending a tax for the year 1989 in the amount of $319,485 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. 824 VOLUME LIV Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1989. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nanc�ll Nancy Roll, Deputy Clerk ORDINANCE PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 1989 FOR CORPORATE PURPOSE BONDS, SERIES 1983 Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. T9-89 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1989 FOR CORPORATE PURPOSE BONDS, SERIES 1983 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S5-83, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the Amount of $2,180,000 for Paying the Cost of Constructing Public Improvements in the City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of said Bonds; and WHEREAS, a portion of the levy of the tax for the year 1989 provided in the ordi- nance is unnecessary. VOLUME LIV 825 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $339,750 for the year 1989 as provided and levied in the ordinance providing for the issuance of $2,180,OOO Corporate Purpose Bonds, Series 1983, passed October 24, 1983, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $9,565 and extending a tax for the year 1989 in the amount of $330,185 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1989. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Nancy Roll, Deputy Clerk ORDINANCE PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 1989 FOR CORPORATE PURPOSE BONDS. SERIES 1988 Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. T8-89 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1989 FOR CORPORATE PURPOSE BONDS, SERIES 1988 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S5-88, An Ordinance Providing for the Issuance of $4,950,000 General Obligation Corporate Purpose Bonds, Series 1988, of the City of Elgin, Kane and Cook Counties, Illinois, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on said Bonds; and 826 VOLUME LIV WHEREAS, a portion of the levy of the tax for the year 1989 provided in the ordi- nance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $513,600 for the year 1989 as provided and levied in the ordinance providing for the issuance of $4,950,000 Corporate Purpose Bonds, Series 1988, passed June 8, 1988, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $140,175 and extending a tax for the year 1989 in the amount of $373,425 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1989. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy oll Nancy Roll, Deputy Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1989 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1982 Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. VOLUME LIV m Ordinance No. T7-89 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1989 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1982 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance T5-82, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the Amount of $2,950,000 for Paying the Cost of Constructing Public Improvements in the City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of the Bonds; and WHEREAS, the levy of the tax for the year 1989 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $583,875 for the year 1989 as provided and levied in the ordinance providing for the issuance of $2,950,000 General Obligation Corporate Purpose Bonds, Series 1982, passed August 12, 1982, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1989. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk 828 VOLUME LIV ORDINANCE PASSED ABATING A PORTION OF THE ANNUAL TAX FOR 1989 FOR GENERAL OBLIGATION PARKING BONDS, SERIES 1980A Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. Ordinance No. T6-89 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1989 FOR GENERAL OBLIGATION PARKING BONDS, SERIES 1980A WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S12-80, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the Amount of $2,600,000 for Paying the Cost of Constructing Public Improvements in the City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of the Bonds; and WHEREAS, a portion of the levy of the tax for the year 1989 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $299,375 for the year 1989 as provided and levied in the ordinance providing for the issuance of $2,600,000 General Obligation Parking Bonds, Series 1980A, passed October 22, 1980, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $50,000 and extending a tax for the year 1989 in the amount of $249,375 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1989. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIV Presented: December 19, 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1989 GENERAL OBLIGATION WATER BONDS, SERIES 1980 Ordinance No. T5-89 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1989 GENERAL OBLIGATION WATER BONDS, SERIES 1980 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance SI-80, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the Amount of $18,900,000 for Paying the Cost of Constructing Public Improvements in said City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of Said Bonds; and WHEREAS, the levy of the tax for the year 1989 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $1,976,500 for the year 1989 as provided and levied in the ordinance providing for the issuance of $18,900,000 General Obligation Water Bonds, Series 1980, passed January 28, 1980, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1989. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by low. s/ George VanDeVoorde George VanDeVoorde, Mayor 830 VOLUME LIV Presented: December 199 1989 Passed: December 19, 1989 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nanc I Nancy Roll, Deputy Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $ 62,480.00 Nov. 1-30, 1989 Refuse Charges Seyfarth, Shaw, Fairweather and Geraldson $ 4,966.49 Legal Services for October, 1989 D.H. Martin Petroleum $ 12,279.13 Gasoline for Ann Street Garage Allied Asphalt Paving Co. $ 8,466.52 North Grove Street Improvement Triple "S" Landscape $ 9,335.00 Landscaping at Little League Field Calvert Tree Spade Service $ 6,980.00 Trees for Elgin Sports Complex Ray Heide Auto Rebuilders $ 7,279.75 Repairs to Squad Car Anita Thompson $ 5,800.50 Residential Rehabilitation Program Mary Harvey $ 5,358.50 Residential Rehabilitation Program Frank Halsey $ 34,137.37 Woolworth Building Property Return Councilman Walters made a motion, seconded by Councilwoman Popple, to approve the above payments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Committee of the Whole Minutes for October 25, November 21 and December 4, 1989 Transportation Operations Report for October, 1989 Public Works Report for November, 1989 Building Permit Report for November, 1989 Heritage Commission Minutes for November 13, 1989 Parks and Recreation Board Minutes for October 24, 1989 Greater Downtown Elgin Commission Minutes for November 2, 1989 Elgin Image Advisory Commission Minutes for October 23, 1989 Elgin Liquor Commission Minutes for October 25, November I and November 27, 1989 Land Use Committee Minutes for October 16, November 6 and November 20, 1989 Planning Committee Minutes for October 18 and November I, 1989 VOLUME LIV BI Councilman Gilliam made a motion, seconded by Councilman Fox, to place the above reports on file as published. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to adjourn the Council meeting to go to Executive Session. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. The Council meeting adjourned at 9:00 p.m. Nancy Roll Deputy Clerk