HomeMy WebLinkAbout90-1VOLUME LV January 10, 1990 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 10, 1990, at 8:00 p.m,., in the Council Chambers.
The meeting was called to order by Mayor VanDeVoorde. The Invocation
was given by Reverend Joleen Gleasman, and the Pledge of Alleaiance
was led by Councilwoman Popple.
ROLL CALL
Roll call was answered by Councilmen Fox, Gilliam, Moylan, Popple,
Shales, Walters and Mayor VanDeVoorde. Absent: None.
MINUTES OF THE DECEMBER 19, 1989
COUNCIL MEETING APPROVED AS PUBLISHED
Councilwoman Popple made a motion, seconded by Councilman Fox
to approve the December 19, 1989 Council Minutes as published.
Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters
and Mayor VanDeVoorde. Nays: None.
COMMUNICATIONS
The Mayor and Council extended congratulations and appreciation
to the following employees in recognition of their service to
the City of Elgin:
Eric Bahe - Ten Years
George Bird - Ten Years
Ed Kehm - Thirty Years
Gloria Erckfritz Twenty Years
BID AWARDED FOR SIDEWALK HANDICAP
ACCESS RAMPS
Councilman Fox made a motion, seconded by Councilman Walters
to award this bid to the low bidder, Pride Concrete, in the
amount of $19,937.35. Yeas: Councilman Fox, Gilliam, Moylan,
Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None.
PUBLIC HEARING ON PETITION 74 -89 REGARDING
PROPOSED ANNEXATION AGREEMENT FOR TERRITOR
LOCATED NORTH ON HIGHLAND AVFNNF
NUED
1990
Roger Dahlstrom: If you will note the cover memorandum regarding
this item suggests the continuation of the Public Hearing to
the regular meeting of February 14, 1990.
2 VOLUME LV
As you will recall the property in question is essentially surrounded
by other properties and the City Staff continues to believe
that the approval of the Petition should be preceded by submission
and approval of a formal agreement documenting the resolution
of the use regarding access and service capabilities to the
site from the adjoining properties.
Leo Goldschmidt: This Petition was filed in July of last year
and was heard by the Land Use Committee on September =5th. A
number of problems recognized by City Staff and myself= ,mainly
concerning access and the provision of utilities, originally
I had requested that the access right to the property, from
Highland Avenue, be the permanent access to the property.
I have since negotiated for a long time with adjacent properties
and I think I have come to an agreement with Burnidge properties
and Highland Springs 'Subdivision concerning access. I feel
I am ready to present this to the Council with the solution
which I think satifies the staff. I would like to make a brief
presentation if I may.
Mayor VanDeVoorde: We have a similar issue in the Committee
of the Whole tonight,= and' baasiaally the message the Council
sends to developers, is that we have a lot of confidence in
our staff and we would not approve anything without their concurrence,)
in my opinion. We would like to handle this in one evening,
in one package, and not hear part of it tonight and then have
to go over it again. My recommendation to the Council would
be that we continue this matter until the staff and developer
can get together.
Leo Goldschmidt: I believe that I have met the objections and
resolved the issues that were raised by the staff.
Roger Dahlstrom: All I can say at this point is the staff has
no documentation regarding those issues for review, so I cannot
say whether we would have the time to make this review in time
for the meeting of January 24th.
Mayor VanDeVoorde: We could: eantinue. the matter to January
24th, and if you don't have. the necessary information we can
continue it again.
Councilman Walters made a motion, seconded by Councilwoman Shales
to continue this Public Hearing to January 24, 1990. Yeas:
Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and
Mayor VanDeVoorde. Nays: None.
VOLUME L 1
F
PETITION 74 -89 REQUESTING ANNEXATION,
R -4 GENERAL RESIDENCE DISTRICT ZONING.
V
MEMORANDUM REQUESTING A PUBLIC HEARING
DATE OF FEBRUARY 14, 1990 FOR A PROPOSED
ANNEXATION AGREEMENT, TERRITORY LOCATED
AT 1050 SOUTH STATE STREET, PETITION 102 -89
Councilwoman Moylan made a motion, seconded by Councilman Walters
to approve a Public Hearing on February 14, 1990, for the above
Annexation. Yeas: Councilmen Fox, Gilliam, Moylan, Popple,
Shales, Walters and Mayor VanDeVoorde. Nays: None.
MEMORANDUM REQUESTING A PUBLIC HEARING
DATE OF FEBRUARY 14, 1990 FOR A PROPOSED
ANNEXATION AGREEMENT, TERRITORY LOCATED
AT 1775 NORTH STATE STREET, PETITION 103 -89
Councilman Walters made a motion, seconded by Councilwoman Popple
to approve a Public Hearing on February 14, 1990, for the above
Annexation. Yeas: Councilmen Fox, Gilliam, Moylan, Popple,
Shales, Walters and Mayor VanDeVoorde. Nays: None.
RESOLUTION ADOPTED AUTHORIZING EXECUTION
OF AN EMPLOYMENT AGREEMENT WITH RICHARD
A. BELL
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.
i
VOLUME LV
RESOLUTION
AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH
RICHARD A. BELL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Larry L. Rice, City Manager, and Marie Yearmon, City Clerk, be and are hereby
authorized and directed to execute an employment agreement on behalf of the City of
Elgin with Richard A. Bell for golf professional services at Spartan Meadows and Wing
Park Golf Courses, a copy of which is attached hereto and made a part hereof by
reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 10, 1990
Adopted: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
sA Mater e Y an
Marie Yearman, City Clerk
RESOLUTION ADOPTED AUTHORIZING EXECUTION
OF A REAL ESTATE SALES CONTRACT (East of
Tinker /West of Fox River)
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 LV
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(East of Tinker /West of Fox River)
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
Real Estate Sales Contract on behalf of the City of Elgin with Donald T. Anderson and
Richard Rasmussen, for the property commonly described as the vacant land East of
Tinker and West of the Fox River between Jerusha and Teal in Elgin, Kane County,
Illinois, a copy of which is attached hereto and made a part hereof by reference.
George Van e oor ec Mayor
Presented: January 10, 1990
Adopted: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
Marie e an
Marie Yearman, City Clerk
RESOLUTION ADOPTED
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 LV
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HAMPTON, LENZINI AND RENWICK, 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
Hampton, Lenzini and Renwick, Inc. for the design of the Woodruff and Edwards storm
sewer, a copy of which is attached hereto and made a part hereof by reference.
Presented: January 10, 1990
Adopted: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
�Attest:
s/-Marie Y rman
Marie Yearman, City Clerk
DI
s/ George VanDeVoorde
George VanDeVoorde, Mayor
ING FOR MAI
TERMAIN IMP
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 LV
RESOLUTION
ACCEPTING FOR MAINTENANCE THE SANITARY SEWER AND WATERMAIN
IMPROVEMENTS IN WILLIAMSBURG COMMONS UNIT 3
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 Williamsburg Commons Unit 3.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 10, 1990
Adopted: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Marie Yea an
Marie Yearman, City Clerk
RESOLUTION ADOPTED APPOINTING
ISMAIL AS A MEMBER OF THE PAR
RECREATION BOARD
Councilman Fox made a motion, seconded
to adopt the aforementioned Resolution.
Gilliam, Moylan, Popple, Shales, Walters
Nays: None.
RANDA A.
CS AND
by Councilman Walters
Yeas: Councilmen Fox,
and Mayor VanDeVoorde.
8 VOLUME LV
RESOLUTION
APPOINTING RANDA A. ISMAIL AS A MEMBER OF THE
PARKS AND RECREATION BOARD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Randa A. Ismail be and is hereby appointed as a member of the Parks and Recrea-
tion Board for a term to expire July 31, 1990.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 10, 1990
Adopted: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Mari Year an
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING ORDINANCE NO.
G21 -85 GRANTING A SPECIAL USE FOR AN
ANTIQUE AUTOMOBILE REPAIR GARAGE
Councilman Fox made a motion, seconded by Councilman Walters
to pass the aforementioned Cr&inance. Yeas: Councilmen Fox,
Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde.
Nays: None.
VOLUME LV
0
Ordinance No. GI -90
AN ORDINANCE
AMENDING ORDINANCE NO. G21 -85 GRANTING A SPECIAL USE
FOR AN ANTIQUE AUTOMOBILE REPAIR GARAGE
WHEREAS, by Ordinance No. G21 -85 passed March 25, 1985 a special use permit
was granted for the establishment, operation and maintenance of an antique automobile
repair garage at the premises commonly known as 735 Dundee Avenue, Elgin, Illinois; and
WHEREAS, a written application has been made to amend the special use permit
granted by said ordinance so as to permit the expansion of the antique automobile repair
garage; 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 special use to permit the expansion of the antique automobile
repair garage at 731 and 735 Dundee Avenue, Elgin, Illinois, legally described as follows:
Lot 5 (except the North 10 feet thereof) and the North 3.7 feet of
Lot 6 in Block 4 in ,McBride Heir's Second Addition to Elgin, in the City of
Elgin, Kane County, Illinois, also an easement for ingress and egress over
the South 15 feet of the North 18.7 feet of Lot 6 in Block 4 in McBride
Heir's Second Addition to Elgin, in the City of Elgin, Kane County, Illinois,
and Lot 6 (except the North 3.7 feet thereof) in Block 4 in McBride Heir's
Second Addition to Elgin, in the City of Elgin, Kane County, Illinois.
be and is hereby granted subject to the following conditions:
I. Revision to the site plan, dated July 31, 1989. The revisions to
include:
Indicate a total of 27 parking spaces.
Indicate two 16 foot wide handicap stalls.
Indicate the driveway approach to the existing overhead door
along Dundee Avenue.
Indicate a six foot solid screening fence between the parking lot
and all adjoining residences.
10 VOLUME LV
2. Substantial conformance with the revised site plan.
3. Submission and approval of a construction drawing for the
proposed parking lot improvements, which shall be completed during the
1990 construction season.
4. Any and all use of the lot located at 731 Dundee Avenue is
prohibited until such a time as the lot is improved in accordance with the
approved site plan.
5. As opposed to employee and customer parking, any and all use of
the exterior for outside storage is forbidden. This includes, but is not
limited to, delivered goods and materials, car parts, car frames, car bodies,
metal (used and new), inoperable vehicles, customer vehicles, employee
vehicles and all vehicles awaiting repair. All storage must be confined to
within the building.
6. If the lot to the east of the building located at 735 Dundee
Avenue is to be used for parking of customer and employee vehicles, then
the lot must be improved in accordance with current parking lot standards.
7. No business shall be conducted on the exterior of the building
located at 735 Dundee Avenue or on the lot located at 731 Dundee Avenue.
8. All vehicle parking shall be confined to the approved parking
lot. No vehicle parking shall be allowed in front of or along side of the
building located at 735 Dundee Avenue.
9. Remove all paving from the treebank areas where not in conflict
with a point of access to the building (overhead door) located at
735 Dundee Avenue and the proposed parking lot located at 731 Dundee
Avenue. All treebank areas not in conflict with points of access shall be
restored with seed or sod.
10. Compliance with all other applicable codes and ordinances.
Section 3. That, except as amended herein, Ordinance No. G21 -85 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
i
VOLUME LV
Presented: January 10, 1990
Passed: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Ye'd'rman
Marie Yearman, City Clerk
ORDINANCE PASSED GRANTING A SPECIAL
USE FOR A RESTAURANT
11
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.
12 VOLUME LV
Ordinance No. G2 -90
AN ORDINANCE
GRANTING A SPECIAL USE FOR A RESTAURANT
WHEREAS, written application has been made for a special use for the establish-
ment, maintenance and operation of a restaurant at 1500 Executive Drive; 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 special use for a restaurant at 1500 Executive Drive, Elgin,
Illinois, legally described as follows:
Lot II and Lot 13 in North Elgin Industrial Plaza, being a subdivision
of parts of Sections 33 and 34, Township 42 North, Range 8 East of the
Third Principal Meridian, in the City of Elgin, Kane County, Illinois.
be and is hereby granted subject to the following conditions:
I. The restaurant use shall be limited to the kitchen /lunch room
area identified on the 'Basement Mechanical Plan" prepared by Paul
Magierek, dated July 15, 1989.
2. Compliance with the petitioner's statement, dated October 6,
1989.
3. There shall be no exterior flushmounted or freestanding signs
allowed advertising the restaurant use.
4. The hours of operation shall be limited to the hours of 1 1:00 A.M.
to 2 :00 P.M.
5. 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 LV
Presented: January 10, 1990
Passed: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ M� ars e YeYrman
Marie Yearman, City Clerk
13
ORDINANCE PASSED RECLASSIFYING PROPERTY
ON RIVER RIDGE DRIVE
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.
14 VOLUME LV
Ordinance No. G4 -90
AN ORDINANCE
RECLASSIFYING PROPERTY ON RIVER RIDGE DRIVE
WHEREAS, written application has been made to reclassify certain property
located on River Ridge Drive from B -3 Service Business District to M -2 General
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 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 B -3 Service
Business District and including in the M -2 General Manufacturing District,
the following described property:
That part of Section 34, Township 42 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the South-
west corner of the Southeast quarter of said Section 34; thence North 04
degrees 05 minutes 00 seconds East, a distance of 762.93 feet to the South-
easterly line of Lot 3 of Elgin- O'Hare Business Center, being a subdivision
of part of said Section 34; thence North 65 degrees 16 minutes 21 seconds
East, along said Southeasterly line, a distance of 596.78 feet to the South-
east corner of said Lot 3 for the point of beginning; thence North 00
degrees 23 minutes 31 seconds East, along the East line of said Lot 3, a
distance of 757.85 feet to an angle in said East line; thence North 35
degrees 22 minutes 12 seconds West, along a Northeasterly line of said
Lot 3, a distance of 694.49 feet to the Northeast corner of said Lot 3;
thence North 22 degrees 24 minutes 38 seconds East, a distance of 86.14
feet to the most Southerly Southwest corner of Lot I of Fox River Business
Center, being a subdivision of part of said Section 34; thence North 04
degrees 05 minutes 00 seconds East, along the West line of said Lot 1, a
distance of 270.13 feet to a jog in said West line; thence North 89 degrees
21 minutes 30 seconds West, along the jog in said West line, a distance of
60.00 feet; thence North 04 degrees 05 minutes 00 seconds East, along the
West line of said Lot 1, a distance of 289.03 feet to the Northwest corner
of said Lot I; thence South 79 degrees 08 minutes 07 seconds East, along
the North line of said Fox River Business Center, a distance of 710.00 feet;
thence South 04 degrees 56 minutes 46 seconds East, a distance of 1497.16
feet; thence South 31 degrees 00 minutes 40 seconds West, a distance of
353.31 feet; thence North 56 degrees 33 minutes 32 seconds West, a
VOLUME LV
IM
i distance of 91.79 feet to a line that bears North 65 degrees 16 minutes 21
seconds East and passes through the point of beginning; thence South 65
degrees 16 minutes 21 seconds West, along said line, a distance of 202.10
feet to the point of beginning; 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
Presented: January 10, 1990
Passed: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Y an
Marie Yearman, City Clerk
ORDINANCE PASSED RECLASSIFYING PROPERTY
AT 28 -40 NORTH AIRLITE STREET
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.
16
VOLUME LV
Ordinance No. G3 -90
AN ORDINANCE
RECLASSIFYING PROPERTY AT 28-40 NORTH AIRLITE STREET
WHEREAS, written application has been made to reclassify certain property
located at 28-40 North Airlite Street from R -2 Single Family Residence 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 R -2 Single
Family Residence District and including in the B -I Community Business
District, the following described property:
Lots 13, 14 and 15 in 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.fuft. 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 10, 1990
Passed: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
Marie azFfnan
Marie Yearman, City Clerk
RESOLUTION ADOPTED- "ACCEPTING A PLAT
OF DEDICATION FOR A PUBLIC STREET
(Phillips Way)
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 LV 17
RESOLUTION
ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET
(Phillips Way)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a certain plat of dedication for a public street prepared by John L.
Burnidge, an Illinois Land Surveyor, and dated August 3, 1989, for a public street for the
property legally described as follows:
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 said Section 17; thence North 87
degrees 51 minutes 25 seconds East, along the North line of said Southwest
quarter, a distance of 768.01 feet (record being 764.28); thence South 01
degree 10 minutes 19 seconds East, a distance of 863.50 feet; thence North
89 degrees 16 minutes 53 seconds West, a distance of 181.08 feet; thence
South 03 degrees 01 minutes 16 seconds West, a distance of 634.00 feet;
thence South 64 degrees 35 minutes 31 seconds West, a distance of 228.44
feet; thence South 03 degrees 01 minute 16 seconds West, a distance of
558.98 feet; thence South 76 degrees 33 minutes 08 seconds East, a
distance of 687.59; thence South 85 degrees 33 minutes 12 seconds East, a
distance of 70.77 feet for the point of beginning; thence continuing South
85 degrees 33 minutes 12 seconds East, a distance of 10.11 feet; thence
North 87 degrees 20 minutes 46 seconds East, a distance of 4.00 feet to a
line that is 14.00 feet, as measured perpendicular, easterly of and parallel
with a line that bears South 03 degrees 59 minutes 42 seconds East from
the point of beginning; thence South 03 degrees 59 minutes 42 seconds East,
along said parallel line, a distance of 70.00 feet; thence South 86 degrees
00 minutes 18 seconds West, perpendicular to the last described line, a
distance of 14.00 feet to the aforesaid line that bears South 03 degrees 59
minutes 42 seconds East from the point of beginning; thence North 03
degrees 59 minutes 42 seconds West, along said line, a distance of 71.58
feet to the point of beginning. Being situated in the City of Elgin, Cook
County, Illinois and containing 0.02 acre 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 Cook
County, Illinois.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 10, 1990
Adopted: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
�Attest:
c /
Marie
- -� Marie Yearman, City Clerk
M
VOLUME LV
AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS
Woodland Landfill $37,840.00 December 1 -15 refuse charges.
U.S. Post Office 6,004.45 Elgin Spirit mailing.
Elgin Public Museum 15,000.00 First quarter support payment.
Public Technology 5,000.00 1990 membership dues.
D.H. Martin 6,817.50 Purchase of gasoline
Councilman Fox made a motion, seconded by Councilwoman Moylan
to approve the above payments. Yeas: Councilmen Fox, Gilliam,
Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays:
None.
RESOLUTION ADOPTED OF SUPPORT OF LAC DU
FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA
INDIANA ECONOMIC DEVELOPMENT PROJECT
Councilwoman Popple: I wanted to add that we consider 18 years
of age or older to this, and I make that motion. (died for lack
of a second.)
Councilwoman Shales: I think that is too specific for this issue,
I think that comes later.
Councilwoman Moylan: I would like to make a motion that people
younger than sixteen years of age be excluded from playing.(Died
for lack of a second.)
Larry Rice: I may have unduly confused this. I was just concerned
that if the Council had feelings about this that somehow or other
that they be expressed. It may be more appropriate to simply
adopt the Resolution itself, as it is, and then under separate
motion, deal with the specifics of it.
Jerry Maulsom, Tribal Governing Manager: In terms of the age
you are discussing, that can be developed right within the ordinance
and 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.
'i
i
VOLUME LV
19
RESOLUTION
OF SUPPORT OF LAC DU FLAMBEAU BAND OF LAKE SUPERIOR
CHIPPEWA INDIANS ECONOMIC DEVELOPMENT PROJECT
WHEREAS, the Lac Du Flambeau Band of Lake Superior Chippewa Indians desire to
purchase real property located within the City of Elgin; and
WHEREAS, the purchase of said real property is for the purpose of construction and
operation of a hotel and entertainment center upon it; and
WHEREAS, it is contemplated that said property will be placed in Federal Trust
Status, upon certain terms and conditions including payment in lieu of taxes; and
WHEREAS, the development of the subject property as proposed is in the best
interest of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that it hereby expresses its support for the petition of the Lac Du
Flambeau Band of Lake Superior Chippewa Indians to place the real property to be
purchased by it in Federal Trust Status for the purposes proposed and upon such terms
and conditions, including but not limited to, payments in lieu of taxes, as the City of
Elgin may agree.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 10, 1990
Adopted: January 10, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
MY a man
Marie Yearmon, City Clerk
RESOLUTION ADOPTED APPROVING FINAL PLAT
FOR COLLEGE GREEN UNIT 7
Councilwoman Moylan made a motion, seconded by Councilwoman Popple
to adopt the aforementioned Resolution. Yeas: Councilmen Fox,
Moylan, Popple, Shales, Waters and Mayor VanDeVoorde. Nays:
Councilmen Gilliam.
20
VOLUME LV
RESOLUTION
APPROVING FINAL PLAT FOR COLLEGE GREEN UNIT 7
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the final plat prepared by Donohue dated October 27, 1989 and
revised December a, 1989 for College Green Unit 7.
S/ George VanDeVonrrle
George VanDeVoorde, Mayor
Presented: January 10, 1990
Adopted: January 10, 1990
Vote: Yeas 6 Nays 1
Recorded:
`Attest:
s_/ Marie Yearman
Marie Yearman, City Clerk
VOLUME LV
21
REPORTS RECEIVED AND ORDERED PLACED ON FILE
Committee of the Whole Minutes for December 19, 1989
Sales Tax Revenue Report for September, 1989
Cemetery Report for October, 1989
Water Department Report for December 11, 1989
Transportation Report for November, 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
meetings.
ADJOURNMENT
relative to forthcoming
Councilman Fox 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.
The meeting adjourned at 8:30 p.m.
Marie Yearman, City Clerk
I
F
VOLUME LV January 17, 1990 22
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL - MANAGER FORM OF GOVERNMENT
SPECIAL MEETING
A special meeting of the Council of the City of Elgin, Illinois,
was held on January 17, 1990, at 7:10 p.m., in the Council
Chambers. The meeting was called to order by Mayor VanDeVoorde.
ROLL CALL
Roll call was answered by Councilmen Fox, Gilliam, Moylan,
Popple, Shales, Walters and Mayor VanDeVoorde. Absent: None.
PUBLIC HEARING - NORTHWEST AREA PLAN
PROPOSED AMENDMENT TO THE ELGIN COMPREHENSIVE PLAN
Mayor VanDeVoorde: The Public Hearing tonight will be conducted
in the same manner as the Planning Committee Meeting, held
on May 17, 1989. This is the second hearing on this matter,
and the only reason it is being held is because the matter
did not get to the Council in the appropriate time span.
We do have the minutes of the Planning Committee meeting, and
all the objections noted therein. We also have the written
objections to the Northwest Plan. We will confine the persons
wishing to testify to five minutes, and if some of you really
feel you cannot say everything you would like to, we will permit
the submission of written objections until Friday of this week.
It is the intent of this Council to address this matter at
our next regular Council Meeting, which is one week from tonight.
It will probably be discussed at the Committee of the Whole
Meeting commencing at 6:30 p.m_, and the Council Meeting commencing
at 8:00 p.m.
If there are no questions on procedure, we will get on with
the Hearing.
Roger Dahlstrom: Mr. Mayor,
I would point out that part
you were also provided with a
the May 17th Public Hearing.
the same items before us tonig
in our comments in that regard.
in keeping with your comments,
of the package you received,
copy of the transcript covering
The same items are essentially
ht, and there really is no change
We would point out that the Northwest Area Plan represents
the first proposed major amendment to the City of Elgin's
Comprehensive Plan, which was adopted in 1983.
23 VOLUME LV
The Northwest Area Plan was prompted as a planning effort,
principally due to the advent of the planning and construction
of the Randall Road I -90 Interchange. This in turn prompted
us to review and re- examine some of the City's growth potentials
in that area, and re- examine land use designations for areas
adjacent to that intersection.
I would point out as well, that the Planning Committee subsequently
has also indicated their support for enlargement of the Northwest
Area Plan to include properties in the northeast quadrant to
the intersection of those roads. Prior to this time they were
not included in that Plan, we have just said the properties
north of the Tollway, west of North McLean Boulevard, east
of Randall, should be included in the Northwest Area planning
boundaries.
With that minor change, in terms of verbiage, there are no
other changes in the Plan as presented to you tonight. It is
also ,important to note that the Northwest Area Plan is pur*osely
limited in its scope to include land use designations and develop-
ment policies with land uses. There are no proposed changes
to other elements of the existing Comprehensive Plan, elements
such as the open space, housing and employment opportunities.
This concludes our remarks, we will be available to answer
any questions.
Theresa Peterson, 1106 Crane Drive, Sleepy Hollow: I am President
of the Board of Trustees of Sleepy Hollow, and I am glad I
am able to come before you to speak. I think as far as Sleepy
Hollow is concerned we look upon this as if there has been
a violation of the neighborly relations by the City of Elgin
in it's plan for north of I -90.
This governmental body, not the people presently sitting here,
certainly those who came before you, have been aware of Sleepy
Hollow's planning for this area, west of Randall Road and North
of I -90, since 1974, when our Comprehensive Plan was completed,
adopted and filed with the County Clerk.
Members of our Board and Community have spoken at previous
meetings held before your Planning Commission. We feel that
Elgin's plans transgress on an area that is very important
to the life of Sleepy Hollow. We will never be a very large
village, in terms of acres, or square miles, our future growth
is pretty well limited.
These lands you propose to take over constitute the major part
of the lands we had available for growth. Probably more important
than anything else is our desire to protect what we have.
We have a super residential community and we do not want to
jeopardize that by less than exemplary planning and development. -
VOLUME LV 24
Last year, we as a Board, chose a planning consultant to develop
the zoning classification that would protect the residences,
while permitting an office type development on the West side
of Randall. We believe that the perimeters they established,
with such things as setbacks, signage, plantings, are superior
to those that are outlined in the plan that you have proposed
for that area.
We directed our planner to analyze these documents and give
us a report that we could present to you for your consideration,
as well as to put down on paper what we think is true. This
is the report that I have to share with you tonight. I hope
that you will give it close consideration as you deliberate
what your action will be.
Steven Byers, 676 Lavoie Avenue: Open space has been recognized
by both the Kane County Development Department, and the City
of Elgin, as an important aspect of any planning process.
The Comprehensive Plan states the importance of the parks and
open space effort is even greater today because of the continuing
outward urbanization of our metropolitan centers and the accompanying
loss of rural land.
The point that I would like to make is that it has been identified
in the current proposed plan that the stated objective with
regard to open space is not only to maintain the open space,
but to also expand the amount of open space. In a response
from the Planning Department, they acknowledged that in fact
the Northwest Area Plan did not provide for any expansion of
open space. The Plan does maintain that existing open space.
That is not consistent with Page 67 of the current Comprehensive
Plan, which is not only to maintain, but also to expand protected
open space. Mayor and City Council, I would suggest to you that
the emphasis should be on the environment of the public and those
who use open spaces and not the work environment of people who
will be employed by private business.
Duane Werth, 54 Genesse: We feel that the area that we live
in (Area K) should be taken off the Northwest Area Development
Plan because it is a residential neighborhood. We have some
neatness, the Fox River walk area, which is something that
people travel for miles in Wisconsin to see trees and protected
areas like this right now.
We feel that any kind of development in this area is detrimental
to the entire Fox River area. The Plan as exists is not workable
in that there are too many problems associated in trying to
develop that area. As you have been told by some of your consultants
25 VOLUME LV
it is not a good area for
there will be a need for
not that we would be willi
want to make a note that
included in the Northwest
let that happen easily.
office. In the future, with growth,
Judson College to have more land,
ng to give it up even then. I just
we still object to this area being
Area Plan and we don't intend to
Virginia Lee, Tyrell Road: Basically my concerns were questioning
why some of this heavily wooded property is going to an office
research designation, while across the road, with a treeless
100 acres is designated residential. In other words chop down
the two hundred year old oak trees to build an office research
complex and then plant seedlings across the road in a residential
area. I think we should preserve the mature trees that we
have.
Jennifer Ford, 550 Wilcox: I am speaking on behalf of the
League of Women Voters. We are only addressing one small part
of this amendment and that is the part dealing with open space.
Our concern is about the changes being suggested for Area K
and we are asking that this remain open space, as opposed to
being used for development.
I work at a job where one of my duties is to write policies
and procedures and the comment I have made often in writing
policies is you have to keep in mind the policy has to work
for whoever is going to implement it later. This Council has
shown integrity, has shown interest and concerns for the Fox
River, but we don't know who the Council members may be a year
from now. The point being that I would rather see a written
policy maintained for open space, instead of leaving it to
the discretion of who ever might follow here.
Mike Tennis, 303 Churchill Ct., Sleepy Hollow: I would like
to address the proposed Northwest Area Plan north of the Northwest
Tollway, running all the way to Route 72. Land Use in that
area should enhance and protect the residential neighborhood
of Elgin /Sleepy Hollow.
Sleepy Hollow has invested time and money to develop a business
district ordinance to accomplish that objective. Elgin's proposed
Plan is woefully lacking in accomplishing our objective. As
far as permitted uses go, Sleepy Hollow's business district
is highly specific as to how that land would be used. Elgin,
that plan seems vague to me and is very general.
In regards to density, maximum floor ratio's, minimum landscaped
surface ratio's, which are addressed in detail to consider
the surrounding residences, are not indicated at all in the
proposed Plan.
VOLUME LV 26
The building height limits, Sleepy Hollow has addressed the
commerical aspects of using that land area, while also considering
the residential neighborhood that already exists there. Elgin's
proposed Plan I don't feel addresses that. Yard requirements,
Sleepy Hollow has considered intense buffer yards, while the
proposed Plan before you is limited buffer yard area. Off -
street parking and loading, Sleepy Hollow is again very specific
in regards to the location of residences in that area. The
proposed Plan is general and in fact loading is not even addressed.
Mayor VanDeVoorde: Mr. Tennis, everything you are going over
we have in writing from you in front of us.
Mr. Tennis: Then I would like to say we don't see a high intensity
development, such as proposed in the annexation petitions for
Elgin, or a tribal bingo convention center, appropriate land
use. We encourage a moderate intensity development. We believe
going north of the Tollway in the Northwest Area Plan would
be an encroachment on the rights of the citizens of Sleepy
Hollow.
Ron Lammers, President of the Village of Gilberts: I believe
you are in receipt of a letter from our planner signifying
the situation that we felt being Randall Road area that is
north of the Northwest Tollway, would be detrimental to the
Village of Gilberts, if it were part of your Northwest Area
Plan.
My presence here is simply to reiterate the importance of the
ability of the Village of Gilberts and also the surrounding
towns, to be able to control their destine and to participate
in the advantages of having other than residential development.
Mayor VanDeVoorde: Is there anyone else that would like to
speak. (no response) Again I would like to assure everyone
here that the Council has the transcripts, written objections,
I for one will read them again and this matter will be addressed
again at our next Council Meeting one week from tonight.
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.
The meeting adjourned at 8:20 p.m.
Marie Yearma , City Clerk
VOLUME LV Zanuamy 24, 199T 27
COUNCIL OF THE :CITY OF !ELGIN, ILLINOIS
COUNCIL - MANAGER FDRM OF CG3bMERNMENT
REGULAR IMEETI
A regular meeting of the Council of t City of Elgin, Illinois,
was held on January 24, 199:0, at B:12 p.m., in the Council
Chambers. The meeting was zalled to order by Mayor VanDeVoorde.
The Invocation was given by Councilwoman Moylan, and the Pledge
of Allegiance was led by Counrl.oman Shales.
ROLL C`L
Roll call -was answered by Councilmen Fox, Gilliam, Moylan,
Popple, Shales, Walters ands x VanDeVoorde. Absent: None.
MINUTES OF THE XANUARY 10, 1990
COUNCIL MEETS'NG ' 2 VED AS PUBLISHED
Councilwoman Popple made a mwtlon, seconded by Councilman Fox
to approve the January 1,0, 1990 (Council Minutes as published.
Yeas: Councilmen Fox„ :Gi -la-m ,, Lyoylan, Popple, Shales, Walters
and Mayor VanDeVoorde. Na Ns;:
BID AWARDM TUR MMICE .SAFETY SEDANS
Councilv-iom,apc_tMoy a :t ntion, seconded by Councilman Fox
to award this 'bid to the !row bidder, Biggers Chevorlet, for
a total amount of $120,7292..55- Yeas: Councilmen Fox, Gilliam,
Moylan, Popple, Shales, ia0 -tte= and Mayor VanDeVoorde. Nays:
None.
BID AWARSIE ) F012 ACTUARIAL STUDIES
POLICE AIND FITM, R?ENSIONS
Councilwoman Shales ,made & motion, seconded by Councilwoman
Popple to award this '`bid to ttte low bidder, Actuarial Associates,
Limited, for a tota!L ccosit of $4,000 in 1990, and $3,000 in
1991. Yeas: Councilmen 'F=r, (Gilliam, Moylan, Popple, Shales,
Walters and Mayor Van]e,Voora „ Ways: None.
BID AWARME?D FOIL MNHOLE RECONSTRUCTION
Councilman Fox made z mootion„ seconded by Councilman Walters
to award this bid to ttlie low bidder, Dominic Fiordirosa Construction
Company, for a total amount of $38,000.00. Yeas: Councilmen
Fox, Gilliam, Moylan, , Sbales, Walters and Mayor VanDeVoorde.
Nays: None.
M
PETITION 74-
RESIDENCE DI
A PLANNED UN
APPROVAL, PR
BY LEO GOLD
REQUESTING
VOLUME LV
R -4 GENERAL
APPROVAL F
INARY PLAT
IGHLAND AVE
Councilman Walters made a motion, seconded by Councilman Fox
to continue the Public Hearing on Petition 74 -89 to February
28, 1990. Yeas: Councilmen Fox, Gilliam, Moylan, Popple,
Shales, Walters and Mayor VanDeVoorde. Nays: None.
PETITION 74 -89
FAkiI 7
C
TEL
REQUESTING ANNEXATION, R
ICT ZONING, SPECIAL USE
DEVELOPMENT, AND PRELIMI
RTY LOCATED AT 36W892 HI
RETAINED ON THE TABLE
FOR PETITION 99 -89 REQUE
MANUFACTURING DISTRICT
EAST AND WEST SIDES OF R
T TOLLWAY, BY THE CROWN
Mr rnpD - rnMMTMTTVn Mn
TING ANNEXATI
Councilman Fox made a motion, seconded by Councilman Gilliam
to open the Public Hearing. Yeas: Councilmen Fox, Gilliam,
Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays:
None.
Roger Dahlstrom: A number of weeks ago we sent out a letter
in response to the proposed annexation agreement, associated
with Petition 99 -89, and we have not received a written response
to the comments made on that agreement. As a result, we would
suggest that this Public Hearing be continued to February 14,
1990.
Councilman Fox made a motion, seconded by Councilwoman Moylan
to continue the Public Hearing on Petition 99 -89 to February
14, 1990. Yeas: Councilmen Fox, Gilliam, Moylan, Popple,
Shales, Walters and Mayor VanDeVoorde. Nays: None.
TITION 99 -89 REQUESTING ANNEXATION AND M -2 GENERAL
NUFACTURING DISTRICT ZONING, PROPERTY LOCATED ON THE
ST AND WEST SIDES OF RANDALL ROAD, BY THE CROWN GROU
D THE BARTEL FFARMING CORPORATION - TABLED TO
FEBRUARY 14. 1990
Councilman Gilliam made a motion, seconded by Councilman Walters
to table Petition 99 -89 to February 14, 1990. Yeas: Councilmen
Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde.
Nays: None.
VOLUME LV
PUBLIC HEARING FO
ANNEXATION AND M-
ITION 100 -89
M
RING DISTRICT
TOLLWAY, BY
Fr)NTTTTTTT TR
Councilman Fox made a motion, seconded by Councilwoman Moylan
to continue the Public Hearing on Petition 100 -89. Yeas: Councilmen
Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde.
Nays: None.
PETITION 100 -89 REQUEST
ro
TION
H'Nu aulrn nr;lrvxr;L - TABLED TO FEBRUARY 14 19911 --
Councilman Gilliam made a motion, seconded by Councilman Walters
to table Petition 100 -89 to February 14, 1990. Yeas: Councilmen
Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde.
Nays: None.
Councilman Fox made a motion, seconded by Councilwoman Moylan
to continue the Public Hearing on Petition 101 -89 to February
14, 1990. Yeas: Councilmen Fox, Gilliam, Moylan, Popple,
Shales, Walters and Mayor VanDeVoorde. Nays: None.
PETITION 101 -89 REQUESTING ANNEXATION AND M -2
GENERAL MANUFACTURING DISTRICT ZONING PROPERTY
LOCATED ON THE WEST SIDE OF RANDALL ROAD NORTH
OF THE NORTHWEST TOLLWAY, BY THE BARTELS FARMING
CORPORATION TABLED TO FEBRUARY 14, 1990
Councilman Gilliam made a motion, seconded by Councilman Walters
to table Petition 101 -89 to February 14, 1990. Yeas: Councilmen
Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde.
Nays: None.
ORDINANCE PASSED AMENDING CHAPTER 14.04 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
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.
30 VOLUME LV
Ordinance No. G9 -90
AN ORDINANCE
AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS as
follows:
Section 1. That Chapter 14.04 entitled "Water Regulations" of The Elgin Munic-
ipal Code, 1976, as amended, be and is further amended by adding Section 14.04.005
entitled "Definitions" as follows:
"14.04.005 Definitions
Beginning Read: "Beginning Read" means an inside reading made when
a customer is added to an account.
Billing Period: "Billing Period" shall mean the period between each
reading as set forth in Section 14.04.200(a).
Customer /Consumer: "Customer" or "Consumer" means, jointly and
severally, any person or persons receiving or contracting for water
service from the City of Elgin at a particular metered property and the
owner or owners of the property served- The foregoing persons shall be
jointly and sever aIly::Uebl~e -f call te€ ,heEgesstm.t e— metered prop-
erty.
Disconnection: "Disconnection" means the physical severing of a
metered property from the City water system by removing existing
pipes, valves, meters or portions thereof.
Estimated Bill: "Estimated Bill" is a bill based upon projected charges
when a reading is not. available.
Final Read: "Final -- Read!' means ate- insi reeding- made when a
customer is deleted from an account.
Finance Director: "Finance Director" means the finance director of the
City of Elgin.
Inside Reading: "Inside Reading" means the direct and `actuaI reading of
a properly functioning meteE -ley aCiiy of Elgirremistnyeeor agent.
Meter: "Meter" means a device as designated by the Water Director
and used by the City to measure consumption of water for billing pur-
poses.
Metered Property: "Metered 'Property" means any property or part
thereof, such as, but not limited to an apartment, house, business,
condominium or office, receiving- water frarrr the City and which has a
meter utilized by the City to.,deteimine water charges for the property
served.
VOLUME LV
31
Multiple Meter Service Location: "Multiple Meter Service Location"
shall mean a service location at which there are two or more metered
properties.
Reading: 'Reading" means the process of checking a meter to deter-
mine the amount of water usage at any metered property.
Remote Reading: 'Remote Reading" means the reading of a meter at a
remote reading register.
Remote Reading Register: "Remote Reading Register" means a devise
as designated by the Water Director located outside of a building in on
area accessible to City personnel and which displays water consumption
as measured by the meter.
Service Location: "Service Location" means any property or part there-
of receiving water from the City and which is served by a shutoff box.
Note: Each service location will include one (single meter service
location) or more (multiple meter service location) metered properties.
Service Pipes: "Service Pipes" means those pipes connecting the shutoff
box to the metered property.
Shutoff: 'Shutoff' means the termination of water at a service location
by closing the valve on a shutoff box,
Shutoff Box: 'Shutoff Box" means a valve box or other device as desig-
nated by the Water Director capable of terminating water at a service
location. Generally, a shutoff box includes, but is not necessarily
limited to, a ball - valve, curb -stop and buffalo pattern curb -box of a
make and manufacturer as designated by the Water Director.
Single Meter Service Location "Single Meter Service Location" means
a service location at which there is only one metered property.
Water Account: "Water Account' means the total cumulative charges
for water service at any metered location.
Water Director: "Water Director" means the director of water opera-
tions for the City of Elgin."
Section 2. That Chapter 14.04 entitled "Water Regulation" of the Elgin Munic-
ipal Code, 1976, as amended be and is further amended by amending Sections 14.04.010
(a) and (b) to read as follows:
"14.04.010 Service connection - Application - Composition - Costs
a. No person shall be permitted to tap or make any connection with
the City water system other than City employees. Persons desir-
ing water service connections must make written applications.
Every application for installation of water service shall be
j accompanied by a deposit in advance to pay the costs of such
installation from the water main in the street to the curb
stopcock.
32 VOLUME LV
b. Water service shall consist of a corporation cock placed in the
water main, a copper or ductile iron service pipe, a curb stopcock
or gate valve, and a shutoff box of a type or design as directed by
the Water Director. Except as otherwise provided herein for
meters and remote reading registers, all other equipment
necessary to connect any property to the City water system
including but not necessarily limited to pipes, valves, meters and
remote reading registers shall be the responsibility of the
customer.
C. In the event that the Water Director determines that due to
unusual conditions or circumstances the City is unable to install
water services or is otherwise unable to make installation within
fourteen (14) days after request, the Water Director may autho-
rize the private installation of water service.
d. The cost of installing and connecting any water service from and
after the corporation cock in the water main, including the
shutoff box, shall be charged to the customer. Such cost shall
include all equipment and labor and shall be determined by the
Water Director subject to the approval of the City Council."
Section 3. That Chapter 14.04 entitled "Water Regulations" of the Elgin Munic-
ipal Code, 1976, as amended, be and is further amended by amending Section 14.04.020 to
read as follows:
1114.04.020 Service piping and house piping requirements.
a. All service pipes placed in connection with the City water main
shall be of copper water tube or ductile iron pipe and must be at
least six (6) feet below the surface of the earth. The service pipes
from the shutoff box shall be not less than the size of pipe as that
extending from the main to the shutoff box and shall be installed
and maintained at the expense of the customer. No service pipes
shall be installed of a size less than one inch in diameter. The
service pipes shall be in accordance with the following standards:
I. Copper Water Tubing, Type "K."
Weight
(Pounds per Test Pressure
Nominal Pipe Diameter foot) (psi min.)
I inch .839 780
1 1/4 inch 1.04 630
1 1/2 inch 1.36 580
2. All service pipes having an inside diameter of more
than two (2) inches shall be a ductile iron pipe. All
ductile iron pipe must conform with specifications of
the American Waterworks Association and those of
the Water Director.
3
1
VOLUME LV
33
3. The water department may require the installation of
back flow protection devices of approved design in
any service line where danger of back pressure is
apparent.
4. The shutoff box required by this chapter shall be used
in copper water tube services and shall be of the "ora
seal" or ball valve type. Underground copper joints
shall be flanged, and no solder joints are permitted.
5. A shutoff box shall be set as required by the Water
Director.
6. All copper water tube service pipes shall be laid in
waves and curves in such a manner as to use of least
one foot more pipe than would be used if a straight
line of pipe was laid, and where acid or cinder condi-
tions exist in the ditch, the pipe shall be laid in a bed
of sand.
b. All other pipes used in connection with the water service inside of
the buildings after the meter must be galvanized iron, copper or
brass."
Section 4. That Chapter 14.04 entitled "Water Regulations" of the Elgin Munic-
ipal Code, 1976, as amended, be and is further amended by amending Section 14.04.030 to
read as follows:
1114.04.030 Service to be installed before paving construction.
To prevent destruction of paved streets, water service must be installed
for all unserved property before new paving construction is made. The
cost of such service shall be properly recorded and such costs shall be
paid by the property owner before use of such service shall be permit-
ted."
Section 5. That Chapter 14.04 entitled "Water Regulations" of the Elgin Munic-
ipal Code, 1976, as amended, be and is further amended by amending Section 14.04.040 to
read as follows:
"14.04.040 Shutoff boxes required -- Branch service prohibited.
a. All metered properties shall be provided with separate shutoff
boxes in accessible areas as designated by the Water Director. No
branch service will be permitted from any service. No connection
shall be made with any existing water service on the outlet side of
the meter for the purpose of supplying water to other buildings.
b. All service installations and meter connections made shall be only
for the purpose of use and consumption of city water on the
premises and not for the purpose of consumption on other prem-
ises. A premises is to be construed as a single residence, apart-
ment, store, business or industrial establishment, even though it is
M
34 VOLUME LV
one of several buildings on the some lot which may or may not be
connected."
Section 6. That Chapter 14.04 entitled "Water Regulations" of the Elgin Munic-
ipal Code, 1976, as amended, be and is further amended by adding Section 14.04.050 to
read as follows:
"14.04.050 Customer to provide access
Upon reasonable notice, customers shall provide access to their proper-
ty as determined necessary by the Water Director or Finance Director
for the purpose of inspecting, reading, repairing, replacing and /or
maintaining meters and water service, including leak detection, and /or
for the purpose of service connection, shutoff, disconnection, installa-
tion and /or replacement. Any customer who refuses or fails to provide
such access shall be subject to a surcharge, deposit requirement, esti-
mated billing, shutoff and /or disconnection as provided in this chapter."
Section 7. That Chapter 14.04 entitled "Water Regulations" of the Elgin Munic-
ipal Code, 1976, as amended, be and is further amended by amending Section 14.04.070 to
read as follows:
"14.04.070 Water meter required -- Pits- -Gate valves
a. All services now in use or hereafter installed shall be provided
with water meters of a size and type approved by the Water
Director. No water shall be turned on at any service location until
a water meter is installed except as herein provided. All City
water used on any premises wheresoever situated in the City,
except as hereinafter provided, must pass through a water
meter. Except as provided below no bypass or connection around
the water meter from the water main or service shall be made,
allowed or maintained.
b. All meters up to five - eighths inch shall be furnished by the City
and shall remain the property of the City. Provided only one
water meter shall be furnished by the City for any service loca-
tion. Any additional meters required for internal private use at
service location shall be paid for by the customer but shall not be
considered a metered location or be read or billed by the City. All
meters over five - eighths inch and all meters herein required for
air conditioning and air cooling systems shall be paid for by the
customer and shall be subject to regulations of the Water Director
regarding installation, inspection and maintainance to the same
extent and in the some manner as meters furnished by the City.
C. All meters up to one inch shall be installed by the City. Meters in
excess of one inch shall be installed by the customer as directed
by the Water Director.
VOLUME LV
35
d. Every meter shall be set and calibrated by or at the direction of
the Water Director.
e. All meters for residential service locations shall be required to
have a remote reading register as directed by the Water
Director.
f. Meters shall be placed and located within the building served as
directed by the Water Director to enhance accessibility and
protection of the meter. Where a meter serves more than one
building the meter shall be located within one of the buildings
served as directed by the Water Director. The Water Director
may permit meters to be located outside of a building within a
meter pit which shall be constructed and maintained at the
customer's expense on the customer's property in conformance
with standards and rules established by the Water Director. Meter
pits shall be constructed by the property owner at his expense and
must measure at least five (5) feet across the bottom and be
fitted with iron rung steps into the side of the pit. The frame and
cover of meter pits must weigh at least three hundred twenty -five
(325) pounds, the covers to measure not less than twenty -two (22)
inches in diameter.
g. In the event that after installation, the meter becomes inaccess-
ible for any reason, including but not limited to flooding or freez-
ing of a meter pit, the Water Director may direct the customer,
at the customer's expense, to take those actions which, in the
Water Director's opinion, are necessary to render the meter
readily accessible.
h. There shall be installed, on the inlet side of the meter, gate valves
of an approved design. There shall also be installed on the outlet
side of the meter a gate valve of like design. Meters shall be set
in places readily accessible for removal and for reading, and set in
such a manner as to prevent freezing or submersion in water. All
meters shall have a working clearance on top of not less than
sixteen (16) inches and on all sides of not less than ten (10) inches.
i. A bypass shall be installed for all meters of three (3) inch or
larger. The bypass shall meet standards and requirements as set
forth by the Water Director and shall include valves which are
sealed in the closed position. The Water Director shall be notified
prior to the breaking of these seals. Failure to so notify the
Water Director shall constitute unauthorized use of water."
Section 8. That Chapter 14.04 entitled "Water Regulations" of the Elgin Munic-
ipal Code, 1976, as amended, be and is further amended by amending Section 14.04.080 as
follows:
"14.04.080 Water Meter -- Repair and inspection
G. All meters shall be repaired and maintained, and meters up to one
inch shall be replaced, by the City as determined necessary by the
Water Director. Such repair, maintenance and replacement shall
36 VOLUME LV
be at the expense of the customer if the meter is owned by the
customer or if the repairs are made necessary, as determined by
the Water Director, by the act, neglect or carelessness of the
customer or occupant of the property, or where meters are
damaged by freezing, hot water, exposure or improper use.
Meters in excess of one inch shall be replaced by and at the
expense of the customer as determined necessary and as desig-
nated by the Water Director.
b. All remote reading registers shall be checked by the City at least
once every twenty -four (24) months.
C. In case of breakage, stoppage or any other irregularity in the
meter, the owner or any other customer shall notify the water
department immediately, and any necessary repairs will be made
by the department, as provided in this section.
d. The City shall have the right to remove, inspect, test and replace
any meter or remote reading register when, in the opinion of the
Water Director, there is reason to believe that the meter is inac-
curate.
e. Where the accuracy or record of a water meter is questioned by a
customer, it may be removed at the customer's request, and if so
desired, shall be tested in his presence in the shops of the water
department by means of the apparatus there provided and a report
thereof duly made. Both parties to the test must accept the
findings so made. If the test discloses an error against the cus-
tomer of more than three percent in the meter's registry, the
excess of the consumption for the four (4) months prior to the test
shall be adjusted and the entire expense of the test will be borne
by the City, and the deposit required as hereinafter prescribed
shall be returned. Where no such error is found, the customer
shall pay the charges fixed for said test. Before making a test of
any meter, the customer shall at the time of making application
for a test make a deposit of twenty ($20.00) dollars at the office
of the City Treasurer subject to the conditions of this section.
f. No meter shall be removed or in any way disturbed, nor the seal
broken, except in the presence of or under the direction of the
Water Director."
Section 9. That Chapter 14.04 entitled "Water Regulations" of the Elgin Munic-
ipal Code, 1976, as amended, be and is further amended by amending Seciton 14.04.090 as
follows:
"14.04.090 Application for service /Notification of change
a. Applications for water service shall be made at the office of the
finance department upon blanks furnished by the department.
Every application for service shall constitute an agreement with
the City to pay for all water used on the premises through said
service and to comply with the ordinances and rules of the City
relating to the water service, such as are in force at the time of
7
VOLUME LV
37
the application, and amendments thereafter adopted. The owner
of the property served shall sign all applications for water
service. The owner as well as any successor in title shall be
deemed to be an applicant and customer for all water service
provided to the property regardless of whether such owner or
successor is the actual user of the water provided and regardless
of whether such owner or successor has signed the application.
Water service shall be denied to any applicant who has outstanding
delinquent bills for any metered property.
b. Whenever there is a change in the identity of the customer at any
metered property, either adding or deleting customers, the
Finance Director shall be notified and a beginning and /or final
read shall be taken. All current customers for the metered
property as well as the customer(s) to be deleted and /or the
customer(s) to be added shall be jointly and severally liable for all
water service provided before such reading is made.
C. Whenever a new customer is added or deleted all meters and
remote reading registers for the service location shall be checked
for accuracy."
Section 10. That Chapter 14.04 entitled "Water Regulations" of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by addition Section
14.04.100 as follows:
"14.04.100 Multiple meter service locations
a. No new water service shall be provided by the City of Elgin
except for properties which are single meter service locations. It
is the expressed policy of the City of Elgin to prevent the estab-
lishment of and to encourage the elimination of, all multiple
meter service locations.
b. Whenever a shutoff or disconnection is authorized for a metered
property within a multiple meter service location, the water
service shall be disconnected as provided in 14.04.235. Water
service shall not be reconnected until a separate shutoff box has
been installed, at the customer's expense, thereby rendering the
property a single meter service location. Such work shall be done,
as provided in this chapter, either by or under the supervision of
the City. The customer shall be responsible for all pipes and other
equipment necessary to run a water line from the shutoff box to
such customer's building."
Section II. That Chapter 14.04 entitled "Water Regulations" of the Elgin
Municipal Code, 1976, as amended, be and is further amended by amending Section
14.04.1 10 to read as follows:
"14.04.110 Yard hydrant and sprinkling plugs.
Yard hydrants and sprinkling plugs will not be allowed on water service
connections now installed or to be hereafter installed unless such yard
hydrant or sprinkling plug is connected in such a manner that the water
38 VOLUME LV
consumed through such yard hydrant or sprinkling plug shall first pass
through the water meter on such service. Provided further, such
hydrant or sprinkling plug must include a back flow protection device
approved by the Water Director."
Section 12. That Chapter 14.04 entitled "Water Regulations" of the Elgin
Municipal Code, 1976. as amended, be and is further amended by amending Section
14.04.200 to read as follows:
"14.04.200 Readings
a. All meters two (2) inches and smaller shall be read (inside reading)
and billed bi- monthly, except as may otherwise be approved by the
Finance Director at the request of commercial or industrial
users. Water meters greater than two inches or users whose
average daily usage is in excess of 25,000 gallons per day shall be
read (inside reading) and billed monthly.
b. Inside readings shall be taken on all properties as provided
herein. Except for beginning and final readings, a remote reading
shall constitute an inside reading unless the Water Director or
Finance Director determines that there is reason to believe the
remote reading register may be inaccurate. All customers shall
provide reasonable access to the City of Elgin or its designated
agents for the purpose of conducting inside readings.
C. If a meter fails to accurately register the quantity of water
consumed, or if the city is unable to read the meter, such quantity
shall be estimated based upon a like period during the preceding
year, or in such manner as the finance director may direct. An
estimated bill shall be prepared and sent to the customer.
d. In lieu of an estimated bill as provided above, when the City is
unable to read the meter, a postcard may be left which is to be
completed by the customer showing the correct metered usage
and returned to the City immediately. Any customer submitting
such a card warrants that the information submitted is true and
accurate. Failure to submit the card in a timely manner shall
result in the computation of an estimated bill. No more than
three (3) consecutive postcards may be submitted. The Finance
Director may reject any postcard submitted by a customer who
has previously submitted an incorrect postcard or when the
Finance Director has reason to believe that the information on the
card may be inaccurate or when no inside reading has occurred
within six (6) months or when the postcard is in excess of the
consecutive number permitted. Provided, however, such postcard
shall not constitute an inside reading.
e. Any estimated bill or bill based upon a customer submitted post-
card shall be adjusted to correctly reflect actual consumption
when an inside reading has been taken."
9
VOLUME LV 39
Section 13. That Chapter 14.04 entitled "Water Regulations" of the Elgin
Municipal Code, 1976, as amended, be and is further amended by adding Section
14.04.205 to read as follows:
"14.04.205 Lack of inside reading— Surcharge
a. To promote accurate billing, enhance the detection of leaks and
reduce waste, it is the policy of the City to require inside readings
of all metered properties. Estimated bills and bills based upon
customer submitted post cards, as permitted under Section
14.04.200, shall not constitute an inside reading and shall be
subject to the provisions of this section.
b. Whenever the City has been unable to obtain an inside reading for
three consecutive billing periods, the customer shall be sent a
notice that, in the event the City is unable to take an inside
reading for the next billing period, a surcharge shall be imposed
and a remote reading register shall be required as set forth in
subparagraph C below.
C. Whenever the City has been unable to obtain an inside reading for
four consecutive billing periods, the customer shall be required to
install a remote reading register at the customer's expense. In
addition, a surcharge is hereby imposed whenever the City has
been unable to take an inside reading for four or more consecutive
billing periods. This surcharge shall be assessed each billing
period, shall be in addition to the estimated bill or bill based upon
a customer's submitted postcard and shall be in addition to any
other actions permitted pursuant to this chapter. The surcharge
imposed shall be an amount equal to the water charges of one -
hundred (100) cubic feet of water. The surcharge shall continue to
be imposed for each billing period until a shutoff or disconnection
has occurred, or an accurate inside reading has been taken and a
remote reading register installed. The surcharge shall be a credit
toward actual water usage when an accurate inside reading is
ultimately taken. Return of the surcharge in excess of actual
consumption shall be conditioned upon the installation and
payment of the remote reading register..
d. After notice and opportunity to be heard as provided in Section
14.04.235, water service shall be shutoff or disconnected at a
metered property whenever the City has been unable to obtain an
inside reading for a period of five or more billing periods."
Section 14. That Chapter 14.04 entitled "Water Regulations" of the Elgin
Municipal Code, 1976, as amended, be and is further amended by amending Section
14.04.230 as follows:
"14.04.230 Billing
a. Bills shall include all charges associated with the delivery of
water to the customer including charges related to water usage;
installation, repair and maintenance of water service, including
meters; authorized surcharges; fees and deposits.
a
40 VOLUME LV
b. Water usage charges shall be based upon the reading, estimated
charge or customer submitted postcard as provided in Section
14.04.200.
C. All customers, including but not limited to the owner, at any
metered property shall be jointly and severally liable for all water
charges. Billing shall be sent to the owner but may, at the owner's
request, be sent to any other customer; provided there is a sep-
arate meter and separate shutoff for each such billing. (Single
metered service locations) Such billing of non owner customers is
done as a convenience to the owner and shall not relieve the
owner of responsibility for the bill. Any agreement between a
property owner and his tenant regarding payment of water bills
shall not be binding on the City. The City will not provide such
billing to nonowner customers where there are multiple meters
but only one shutoff. (Multiple meter service locations) Separate
bills shall be sent for each metered property.
d. All bills for water service not paid within the first twenty (20)
days after the some become due and payable shall be considered
delinquent accounts and subject to an additional late payment
charge equal to ten percent of the unpaid bill. A past due notice
showing the amount due, including the late payment charge, shall
be sent to the customer demanding payment within ten (10) days
of such notice. Provided, whenever a water bill becomes
delinquent, and there have been no prior delinquencies within the
some calendar year for the metered location, the above described
late payment charge shall not be assessed if all arrearages are
paid within ten (10) days of the past due notice. If a customers
account remains delinquent after the past due notice, such
customer shall be given written notice pursuant to Section
14.04.235 that water service will be shut off or disconnected if
the bill is not paid within five (5) days of the mailing of such
notice.
e. The City may cause water service to be shutoff at a metered
property for non payment of water bills after notice as set forth
in subsection (d) above.
f. The delinquent water bills of a customer at any metered location
may be applied to the water bills of that same customer at any
other metered location."
Section 15. That Chapter 14.04 entitled "Water Regulations" of the Elgin
Municipal Code, 1976, as amended, be and is further amended by adding Section
14.04.235 to read as follows:
"14.04.235 Shutoff /Disconnection
a. Prior to shutoff or disconnection, notice shall be sent to the
customer stating the reasons for such action and the date on or
after which such shutoff or disconnection will occur. The shutoff
VOLUME LV
41
or disconnection date shall nof-be sooner than five (5) days after
date of mailing the notice. The notice shall advise the customer
that, in the event the customer disputes the reasons set forth for
the shutoff or disconnection, the „ :action may be contested by
contacting the Finance Director. Where the shutoff or disconnec-
tion is challenged no action shall occur pending review by the
Finance Director.
b. The Water Director may -- cause -water service for any metered
location to be shutoff for non - payment of water charges, failure
to permit inside reading, failure to comply with the City's cross
connection protection program,, unauthorized bypassing or altera-
tion of meters or remote reading registers, refusal to permit
access as required under Section 14.04.050, or violation of any
provision of this chapter or any rule or regulation of the Water
Director or Finance Director related to the administration of this
chapter.
C. When, in the opinion of the Wafter Director, an emergency situa-
tion is present, water service may be immediately shutoff or
disconnected for any metered location.
d. Water service may be disconnected and removed from the City's
water system for the following reasons:
I. If water service is connected or turned on at any
location withoultfli &prior roval of the City.
2. If a meter required under the provisions of this code
is by- passed or tampered with in such a manner so
that readings are reduced.
3. If a shutoff is authorized for a metered property
within a multiple meter service location.
e. Whenever water service has been shutoff or disconnected such
water service shall not be resumed until the following has
occurred:
I. All arrearages, plus surcharges, fees and costs, have
been paid. - -Costs tinclude -but are not limited to,
charges associated with a shutoff, disconnection,
installation of new meters and shutoff boxes, recon-
nection and costs of collection including attorney
fees.
2. All violations of this chapter or any rule
promulgated pursuant hereto have been corrected.
12
42 VOLUME LV
3. A new application for service has been filed. Such
application shall be considered as a request for new
service.
4. A deposit has been submitted to the City pursuant to
Section 14.04.245.
5. If a shutoff or disconnection occurred at a metered
property which is part of a multiple meter service
location, a separate shutoff box must be installed
thereby rendering the property a single meter
service location.
f. Any shutoff or disconnection authorized or required by this
chapter may be delayed when, in the discretion of the Water
Director, operational demands and /or limitations of the City make
the timely shutoff or disconnection impractical. Such delay shall
not constitute a waiver of the right of the City to shutoff or
disconnect the service as authorized herein. During such delay,
water service shall continue to be billed as provided herein,
including the assessment of surcharges. The reconnection or re-
establishment of water service after a shutoff or disconnection
shall be subject to the operational demands and limitations of the
City."
Section 16. That Chapter 14.04 entitled "Water Regulations" of the Elgin
Municipal Code, 1976, as amended, be and is further amended by adding Section
14.04.245 as follows:
"14.04.245 Deposits
A deposit shall be required whenever a shutoff has occurred for non
payment or two or more water bills have become delinquent for any
metered property within any twelve (12) month period. This deposit
shall be in the amount equal to four (4) months average usage for the
metered property for the twelve (12) month period ending with the time
period covered by the second delinquent bill. In the event such
averaging is not practical due to limited prior occupancy or usage, the
deposit shall be four (4) months estimated usage based upon like
properties. In no event shall the deposit be less than fifty ($50.00)
dollars. Such deposit shall be in addition to any outstanding water
bills. The deposits shall be returned to the customer, less an
administration fee as set by the City Council, if all succeeding bills for
all metered properties of the customer during the following twelve (12)
months are paid in a timely manner. In the event that a customer
moves out of the City the deposit will be returned after deduction of
any amount necessary to cover the final bill."
Section 17. That Chapter 14.04 entitled "Water Regulations" of the Elgin
Municipal Code, 1976, as amended, be and is further amended by adding Section
14.04.360 to read as follows:
1114.04.360 Rules /Adjustments
13
VOLUME LV
43
a. The Finance Director and Water Director may establish rules and
regulations governing the implementation of the provisions of this
chapter.
b. The Finance Director shall have the authority to adjust a water
account for any metered property in the following circumstances:
1. Whenever the Finance Director determines that a
water bill is in error.
2. Whenever the Water Director determines, after all
reasonable efforts have been exerted, that a water
account is uncollectible.
3. For water leaks as provided in this chapter.
C. The Finance Director may authorize an adjusted payment schedule
for delinquent water accounts when, in the opinion of the finance
director, there is a reasonable probability that such accounts will
be paid pursuant to the adjusted payment schedule."
Section 18. That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance be and are hereby repealed.
Section 19. 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: January 24, 1990
Passed: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yea man
Marie Yearman, City Clerk
RESOLUTION ADOPTED RATIFYING PREVIOUSLY EXE
Councilwoman Moylan 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.
14
44
VOLUME W
RESOLUTION
RATIFYING PREVIOUSLY EXECUTED AMENDMENT TO THE
PARATRANSIT GRANT AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City Council hereby ratifies and affirms the Amendment to the Paratransit
Grant Agreement for extension of services through January 31, 1990, a copy of which is
attached hereto and made a part hereof by reference.
George anDeVoorde, Mayor
Presented: January 24, 1990
Adopted: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
Councilman Gilliam made a= motion, seconded by Councilman Fox
to change the exteasion of services date to through February
28, 1990, and to adopt said resolution. Yeas: Councilmen
Fox, Gilliam, Moylaen,„ ?apple, Shales,. Walters -and Mayor VanDeVoorde.
Nays: None.
l
VOLUME LV
45
RESOLUTION
RATIFYING PREVIOUSLY EXECUTED AMENDMENT TO
FINANCIAL ASSISTANCE GRANT AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City Council hereby ratifies and affirms the Amendment to Financial Assistance
Grant Agreement for extension of services through February 28, 1990, a copy of which is
attached hereto and made a part hereof by reference.
Presented: January 24,1990
Adopted: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
tlla R1ZJ
s/ Marie Year man
Marie Yearman, City Clerk
11
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Councilman Fox: As I stated earlier in the Committee of the
Whole Meeting, I am going to make a motion that we withdraw
or delete Area K from the Northwest Plan, and leave this area
as is.
Councilwoman Popple: Second.
Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters
and Mayor VanDeVoorde. Nays: None.
Councilwoman Moylan made a motion, seconded by Councilman Walters
to pass the aforementioned Ordinance as amended.
Councilwoman Popple: I know we can make some changes as we
go along, but some of the changes I think right now are important.
46 VOLUME LV
In the transcript there are a couple of things that were brought
up that I think we ought to consider. One is the area of Big
Timber and Randall, and comments were made as to why we would
pick residential in a cornfield area, and then office where
there were trees. On that corner of Big Timber and Randall
I find it hard to believe that you would build homes right
there on Randall Road, right across from the Labor Temple.
It would seem if you wanted to have residential you would put
that into a tree area. They also talked about buffers between
the ORI and the housing, and a hundred feet setback does not
seem enough. If you want to see that in action go up North
McLean, Century Oaks West and you can see what fifty feet of
buffer is. I am specifically concerned about this.
I think there should be some clarifications and some more thought
given to buffers and some of these other things. If we want
to wait and change them that is fine, but I think if you go
into this plan now, you have the developers coming tomorrow,
then they are stuck.
Roger Dahlstrom: Concerning the area west of Randall Road,
either north of or south of Big Timber Road, when we look at
the sewer capacity and the sewer service area for the Big Timber
line, there seems to be only a small portion of wedge shaped
area south of Big Timber that could be used by the Big Timber
Interceptor. Whereas the area north of Big Timber and west
of Randall Road the thought was, when discussed by the Planning
Committee, that the assurance of the area north of Big Timber,
being in the sewer service area, and the questionable sewer
service area south of Big Timber, the feeling was that urban
residential could possibly be developed at those lower densities,
and that area could be served by a small wedge of sewer service
that was apparently available through the Big Timber line.
So the designation between office research and residential
was influenced by the assurance of proper sewer capacity north
of the questionable sewer capacity south of Big Timber. That
influenced the Committee's recommendation regarding land uses.
With respect to the setbacks, you will note that Section C,
site design standards, we used the terms shall and may. In
those instances where there is an existing ordinance, they
have covered those provisions and use the word shall. Where
there is a policy established, which is true of the setback
provisions, we use the word may. At the present time we do not
have an ordinance that specifically mandates that kind of a
setback, or any any other setback necessarily, although there
is a setback requirement.
VOLUME LV 47
It was not the intention, in trying to design, when we have
the site design standards, to take the place of the zoning
ordinance, or effectively act as a zoning ordinance. The fact
is that the 100 foot setback with the first 50 feet below the
landscaping, was a provision including the zoning. It had
been included in existing development through the planning
and annexation process.
Again, we are not necessarily writing a zoning ordinance here.
Some of the same provisions that you find in the site design
standards would be consistent with the zoning ordinance, but
the attempt here was not to set up a zoning ordinance and to
set up specific requirements, but rather to give some guidance.
Councilwoman Popple: So you are saying there would be further
opportunity to have it blend with landscaping, particularly
where there is residential bordering.
Roger Dahlstrom: Particularly where there is an annexation
agreement, where those kind of buffers would be specified within
the agreement. What was attempted in that section was to set
up some basic policies, to try to guide the staff and the Planning
Committee and hopefully the City Council in evaluating the
kind of proposals that we might find ourselves looking at in
the Northwest Area.
Councilwoman Shales: There are two reasons I could vote for
this. This is not cast in concrete, it is an attempt to plan
for the future, but the other influences on this would be what
the landowners desired, certainly they are going to have a
big say in how that land is developed and what the market needs
at the time it is developed. We cannot anticipate what that
is going to be, so these plans will change, but it is just
an attempt at this point in time to plan for the future, it
is not cast in stone.
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.
1
48 VOLUME LV
Ordinance No. GIO -90
AN ORDINANCE
AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF ELGIN
WHEREAS the City of Elgin has heretofore adopted a Comprehensive Plan; and
WHEREAS, a public hearing has been conducted on proposed amendments to said
plan; and
WHEREAS, all persons appearing and desiring to be heard concerning the proposed
amendments were heard; and
WHEREAS, the corporate authorities of the City of Elgin have considered the
proposed amendments to the Comprehensive Plan and the oral and written statements of
persons desiring to comment; and
WHEREAS, the corporate authorities of the City of Elgin hereby find and
determine that it is in the best interest of the City of Elgin to amend the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. That it hereby amends the Comprehensive Plan for the City of Elgin
heretofore adopted on June 6, 1983 by adding thereto the Northwest Area Plan, a copy of
which is attached hereto and made a part hereof by reference.
Section 2. That in case of conflict between the Northwest Area Plan and the
Comprehensive Plan as heretofore adopted, the provisions of the Northwest Area Plan
shall control in the area covered by said plan. In particular but without limitation, the
provisions of the Northwest Area Plan shall control with respect to designation of land
use for the northwest portion of the city as incorporated to date, the northwest, north
number one, and north number two planning subareas and the boundaries of the northwest
subarea. Design standards for the northwest area shall be those set out in the Northwest
Area Plan.
The provisions of the Northwest Area Plan shall be controlling with respect to the
municipal water system plan and the municipal sewerage system plan.
The thoroughfare system plan included in the Northwest Area Plan shall be
controlling with respect to the transportation system in the northwest area.
Section 3. That the provisions of Ordinance No. G21 -83 shall otherwise remain in
full force and effect until amended or repealed in the manner provided by law.
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
i
VOLUME LV
Presented: January 24, 1990
Passed: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
c/ mprip
Marie Yearman, City Clerk
49
RESOLUTION ADOPTING AN ANTI -DRUG PROGRAM
POLICY STATEMENT - TABLED
Because of the information given to us tonight in the Committee
of the Whole Meeting, I would recommend that this item be tabled.
Councilman Gilliam made a motion, seconded by Councilman Walters
to table the aforementioned Resolution. Yeas: Councilmen
Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde.
Nays: None.
TION OF REQUEST TO SET A
TION,
Councilwoman Shales made a motion, seconded by Councilman Walters
to approve the requested Public Hearing date of February 28,
1990 for Petition 1 -90. Yeas: Councilmen Fox, Gilliam, Moylan,
Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None.
CONSIDERATION OF REQUEST TO SET A PUBLIC
HEARING ON PETITION 3 -90 REOUESTTNG ANNE
Councilwoman Popple made a motion, seconded by Councilwoman
Moylan to approve the requested Public Hearing date of February
28, 1990 for Petition 3 -90. Yeas: Councilmen Fox, Gilliam,
Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays:
None.
RESOLUTION ADOPTED AUTHORIZING AMENDMENT
TO REAL ESTATE CONTRACT WITH ELGIN
DEVELOPMENT 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.
50 VOLUME LV
RESOLUTION
AUTHORIZING AMENDMENT TO REAL ESTATE CONTRACT WITH
ELGIN DEVELOPMENT CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the Mayor is hereby authorized and directed to execute an amendment, a copy of
which is attached, to the real estate contract dated March 13, 1989 between the City of
Elgin and the Elgin Development Corporation.
Presented: January 24, 1990
Adopted: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Marie Yea man
Marie Yearman, City Clerk
s/ George VanDeVoorde
George VanDeVoorde, Mayor
ED ACCEPTING A PLAT OF
PUBLIC UTILITIES (Airo
Councilwoman Popple made a motion, seconded by Councilman Fox
to adopt the aforementioned Resolution. Yeas: Councilmen
Fox, Gilliam, Moylan, Pcogple,.Shales, Walters and Mayor VanDeVoorde.
Nays: None.
1
VOLUME LV
51
RESOLUTION
ACCEPTING A PLAT OF GRANT OF EASEMENT FOR PUBLIC UTILITIES
(Airport Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a Plat of Grant of Easement for public utilities from John
Lundstrom and Continental Baking Company for the property legally described in the plat
prepared by John T. Burnidge and dated September 20, 1989.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed
to cause the Plat of Grant of Easement for public utilities to be recorded in the office of
the Recorder of Deeds of Kane County, Illinois.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 24, 1990
Adopted: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
nAttest:
s/ Marie Y arman
Marie Yearman, City Clerk
INANCE PASSED AMENDING CERTAIN PARKI
TRICTIONS WITHIN THE CITY OF ELGIN
Councilwoman Popple 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.
52
VOLUME LV
Ordinance No. G5 -90
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 Section 11.60.084.5 to read as
C
ollows:
11.60.084.5 Four -hour parking zones.
It is unlawful for any person to park or the owner of any vehicle to
permit a vehicle owned by him to be parked for longer than four hours upon
the following designated streets and areas:
Municipal parking lot off National Street adjacent to the Elgin River
Trail.
Section 2. That Chapter 11.76, Section I1.76.050A of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended to read as follows:
A. Any person accused of a violation of Chapters 11 .56, 11.60, 11.64
and 11.68, except Sections 11.60.081, 11.60.082, 11.60.083, 11.60.084,
11.60.084.5, 11.60.085, 11.60.086, 11.68.050 and 11.68.125, may settle and
compromise the claim for such illegal parking by paying to the city the sum
of ten dollars within ten days from the time such alleged offense was
committed. Any person accused of violating Sections 11.60.081, 11.60.082,
11.60.083, 11.60.084, 11.60.084.5, 11.60.085, 11.60.086, 11.68.050 and
11.68.125 may settle and compromise the claim for such illegal parking by
paying to the city the sum of five dollars within forty -eight hours of the
time such offense was committed, or by paying to the city the sum of ten
dollars subsequent to the forty -eight -hour period and prior to such person
being charged by written complaint or notice to appear for such violation.
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
a
VOLUME LV
Presented: January 24, 1990
Passed: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Maw r e Yea man
Marie Yearman, City Clerk
53
ORDINANCE PASSED AMENDING THE ELGIN MUNSC
TI
Councilwoman Popple 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.
i
54 VOLUME LV
Ordinance No. G8 -90
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 11.32.030 the following:
Linden Avenue. All vehicles traveling eastbound on Linden Avenue
must stop before entering Grand Boulevard or southbound Linden 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 by authority of the City Council.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 24, 1990
Passed: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
S/ Marie Ye rman
Marie Yearman, City Clerk
ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL
CODE BY ADDING TO THE LIST OF YIELD INTERSECTIONS
Councilwoman Popple 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 LV
55
Ordinance No. G7 -90
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 11.32.040 the following:
Preston Avenue, northbound and southbound, at Forest 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 by authority of the City Council.
Presented: January 24, 1990
Passed: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Pub I i shed:
Attest:
c�.x...�.a1
s/ Marie Yearman
Marie Yearman, City Clerk
s/ George VanDeVoorde
George VanDeVoorde, Mayor
PASSED AMENDING THE DESIGNATION
CNinT.i WML VOVNTOV DMTmcc
Councilwoman Popple 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.
56
VOLUME LV
Ordinance No. G6 -90
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 11.60.090A 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
Trinity Terrace
Highland Avenue
Valley Creek Drive
Valley Creek Drive
Trinity Terrace
North Lyle Avenue
North Lyle Avenue
Valley Creek Drive
Highland Avenue
Holmes Road
North McLean Boulevard
West 2,500 feet
Channing Street
Laurel Street
Villa Street
Gifford Street
Villa Street
East Chicago
Street
Borden Drive
Stonehurst Drive
Longford Drive
Longford Drive
Borden Drive
Corley Drive
Corley Drive
Longford Drive
Stonehurst Drive
Stonehurst Drive
Corley Drive
Borden Drive
Wellington Avenue
National Street
Bent Street
Watch Street
St. Charles Street
Raymond Street
Maroon Drive
Thoreau Road
West 2,560 feet
Thoreau Road
Maroon Drive
Inverness Drive
Inverness Drive
Thoreau Road
Thorndale Drive
Thorndale Drive
Inverness Drive
Maroon Drive
Section 2. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance be and
are hereby repealed.
l
VOLUME LV
57
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: January 24, 1990
Passed: January 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
RESOLUTION ADOPTED REAPPOINTING GEORGE
PERUCCO AND GEORGE VAN DE VOORDE AS
MEMBERS OF THE ECONOMIC DEVELOPMENT
COUNCIL
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.
I
M
VOLUME LV
RESOLUTION
REAPPOINTING GEORGE PERUCCO AND GEORGE VAN DE VOORDE AS MEMBERS
OF THE ECONOMIC DEVELOPMENT COUNCIL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that George Perucco be and is hereby reappointed as a member of the Economic
Development Council for a term to expire December 31, 1991.
BE IT FURTHER RESOLVED that George VanDeVoorde be and is hereby
reappointed as a member of the Economic Development Council for a term to expire
April 30, 1991.
SJ �Pnr{3p VanDl Vnnrrlo
George VanDeVoorde, Mayor
Presented: January 24, 1990
Adopted: Januar 24, 1990
Vote: Yeas 7 Nays 0
Recorded:
Attest:
t
s/ Marie Yea man
Marie Yearmon, City Clerk
i
I
VOLUME LV 59
AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS
Woodland Landfill $26,180.00 December 16 -31 refuse charges.
Elgin Chamber of Commerce 18,415.00 First quarter funding payment.
State of Ill. Criminal
Justice Authority
Gromer Supermarket
Elgin Proud & Beautiful
Akzo Salt Inc.
Cincinnati Time
11,730.00 User fees (PIMS)Jan.- June,1990.
16,209.63 Christmas gift certificates.
3,500.00 Funding payment.
35,643.92 Purchase of rock salt.
6,260.00 Maintenance service for City
parking facilities.
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.
REPORTS RECEIVED AND
Planning Committee
Land Use Committee
Planning Committee
Land Use Committee
Planning Committee
Land Use Committee
Planning Committee
AS
Minutes
Minutes
Minute
Minutes
Minutes
Minutes
Minutes
for
for
for
for
for
for
for
PLACED ON FILE
November 15, 1989.
December 4, 1989.
)ecember 6, 1989.
December 18, 1989.
December 20, 1989.
January 2, 1990.
January 3, 1990.
Building Permit Report .
Board of Health Minutes for October 16, 1989.
Cemetery Report for November, 1989.
Disbursement Report for December, 1989.
Councilman Gilliam made a motion, seconded by Councilman Fox
to place the above reports on file as written. Yeas: Councilmen
Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde.
Nays: None.
W
ANNOUNCEMENTS
VOLUME LV
Mayor VanDeVoorde made announcements relative to forthcoming
meetings.
ADJOURNMENT
Councilwoman Shales made a motion,
to adjourn the Council Meeting
to discuss personnel, litigation
Councilmen Fox, Gilliam, Moylan,
Mayor VanDeVoorde. Nays: None.
The meeting adjourned at 8:40 p.m.
Marie Yearma , City Clerk
seconded by Councilman Walters
to go into Executive Session
and land acquisition_ Yeas:
Popple, Shales, Walters and