Loading...
HomeMy WebLinkAbout90-8VOLUME LV August 8, 1990 416 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on August 8, 1990, at 8 p.m., in the Council Chambers. Meeting was called to order by Mayor VanDeVoorde. The Invocation was given by the Reverend Robert Linstrom and the Pledge of Allegiance led by Councilwoman Popple. ROLL CALL Roll call was answered by Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Absent: Councilmembers Fox and Moylan. MINUTES OF THE JULY 25, 1990, COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilman Walters, to approve the July 25, 1990, Council Minutes. Yeas: Council- members Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS RESOLUTION ADOPTED EXPRESSING APPRECIATION AND COMMENDATION TO PARTICIPANTS IN THE TARGET STRATEGY BEAUTIFICATION PRO.TRCT Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Council- members Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. C 417 Volume LV RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO PARTICIPANTS IN THE TARGET STRATEGY AREA BEAUTIFICATION PROJECT WHEREAS, the City of Elgin has undertaken to clean up and beautify various areas of the City; and WHEREAS, there was developed the Target Strategy Area Beautification Project which sought to clean up and beautify certain portions of the central Elgin neighborhood; and WHEREAS, the Project included such tasks as brush removal, clearing of debris, hydrant painting and graffiti removal along with other similar work; and WHEREAS, this Project was performed by thirteen area youths, ages 14 to 20, in cooperation with KDK and supervised by Sallie Burns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation and commendation to Sallie Burns, and the following persons whose efforts on the Target Strategy Area Beautifica- tion Project have improved and beautified the City of Elgin: Rodrick Ash Lamont Alexander Andre Dodd Corey Drake Sheila Drake La Dunnigan Shondo I Johnson Cedrick Sanders Kendrick Sanders Rodrick Simmons Carlos Toledo Tyrrell Tomlin Maurice Truesdell BE IT FURTHER RESOLVED that the people of the City of Elgin are grateful for the efforts of these persons in improving the neighborhoods of the City of Elgin. Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s /Dolonno M, s /George Van DeVoorde George Van DeVoorde, Mayor APPRECIATION AND Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Council - members Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO RON LYLE AND TERRY FLOSI 0M WHEREAS, the City of Elgin has undertaken to clean up and beautify various areas of the City; and WHEREAS, there was developed the Target Strategy Area Beautification Project which sought to clean up and beautify certain portions of the central Elgin neighborhood; and WHEREAS, the Project included such tasks as brush removal, clearing of debris, hydrant painting and graffiti removal along with other similar work; and WHEREAS, support for this Project was provided by members of the business community who also share our concern for improving and beautifying the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it expresses its appreciation and commendation to Ron Lyle of Imperial Catering, Inc., and Terry Flosi of Muller Pinehurst Ice Company for their contributions to the success of this Project. BE IT FURTHER RESOLVED that the people of the City of Elgin are grateful for the efforts of these persons in improving the neighborhoods of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ON ADOPTED EXPRESSING APPRECIATION AND C PARTICIPANTS IN THE KDK SUMMER YOUTH EMP Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. am VOLUME LV RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO PARTICIPANTS IN THE KDK SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM WHEREAS, the City of Elgin has undertaken to provide a summer work site; and WHEREAS, the City of Elgin provided opportunities for youths, ages 16 to 21, to gain work experience and prepare them by acquainting them with different occupations and careers; and WHEREAS, this employment program was performed by three youths in cooperation with KDK and Denise Bell, and supervised by key administrative department personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation and commendation to Denise Bell, Frank Kaiser and Sandra Lewis and the following persons whose efforts in this summer youth employment and training program have assisted youths in preparing for career opportunities: Toya Copeland Angie Nieves Gene Stewart BE IT FURTHER RESOLVED that the people of the City of Elgin are grateful to these individuals for their community service and appreciate their willingness to enhance their career goals. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk BID AWARDED FOR SITE PREPARATION OF FORMER WOODRUFF AND EDWARDS PROPERTY Councilwoman Popple made a motion, seconded by Councilman Walters, to confirm the award to the low bidder, American Demolition Corp. for an estimated total amount not to exceed $90,000. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. _. VOLUME LV BID AWARDED FOR SPORTS COMPLEX MASTER SITE PLAN 420 Councilwoman Yearman made a motion, seconded by Councilman Walters, to award this contract to the low bidder, Burnidge Cassell Associates, for a total price of $7500. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. UBLIC HEARING REGARDING PROPOSED ANNEXATION AGREEMENT, ITORY LOCATED ON THE WEST SIDE OF RANDALL ROAD, SOUTH OF ON ROAD ( PETITION 1- 901CONTINIIED TO SEPTEMBER 1.2. 1990 Councilman Walters made a motion, seconded by Councilwoman Yearman, to continue the subject public hearing to .September 12, 1990. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 1 -90 YV :ia7TWzNVY DISTRI is 2141 31»rZe)?i ►\"' "I -2 THE Petitioners agreed to again meet with members of the staff in an attempt to resolve the remaining unresolved issues. Councilman Gilliam made a motion, seconded by Councilwoman Popple, to close the public hearing. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 23 -90 REOUESTING ANNEXATION. R -2 SINGLE F ON C9YW1FD T LARATION OF TRUST AS OWNER, TABLED UNTIL AUGUST 22, 1990 Councilman Gilliam made a motion, seconded by Councilwoman Yearman, to table Petition 23 -90 until August 22, 1990. Yeas: Council- members Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 421 PETITION 29 -90 DISTRICT ZO Ir VOLUME LV STING ANNEXATION, R -4 GENERAL RESIDENCE ITH A SPECIAL USE FOR A PLANNED UNIT LL Councilwoman Popple made a motion, seconded by Councilman Gilliam, to approve Petition 29 -90 subject to staff recommendations. Yeas: Councilmembers Gilliam, Popple, Yearman, and Mayor VanDeVoorde. Nays: None. Abstain: Walters. PETITION 30 -90 REQUESTING A B -4 GENERAL SERVICE DISTRICT SPECIAL USE FOR AN AUTOMOBILE LAUNDRY. PROPERTY LOCATED AT I]i /il�tidiw3'1 Councilman Gilliam made a motion, seconded by Councilman Walters, to approve Petition 30 -90, subject to the Land Use Committee recom- mendations. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ?PLICATION S9 -90 REQUESTING PINE MEADOWS SUBDIVISION. I Ixaa NORTHWEST CORNER OF BOWES ROAD AND SOUTH McLEAN BOULEVARD, BY SENTRY CONSTRUCTION. INCORPORATED, AS APPLICANT AND OWNER Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve Application S9 -90, subject to the Land Use Committee recommendations. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Gilliam made a motion, seconded by Councilman Walters, to approve Application S10 -90, subject to the recommendations. Yeas: Councilmembers Gilliam, Popple, Walters,Yearman, and Mayor VanDeVoorde. Nays: None. APPLICATION C6 -90 R WILLIAMSBURG GREEN UNIT < STING FINAL PLAT APPROVAL FOR 6Y THE t'1R6T NATIONAL BANK OF ELGIN AS TRUSTEE OF TRUST NO. 4552, AS APPLICANT AND OWNER - APPROVED Councilwoman Popple made a motion, seconded by Councilman Walters, to approve Application C6 -90, subject to the Land Use Committee recommendations. Yeas: Councilmembers Gilliam, Popple, Walters, and Yearman. Nays: Mayor VanDeVoorde. VOLUME LV 422 AUTHORIZATION OF PAYMENT TO V Alexander Chemicals Boncosky Oil Co. D.H. Martin Petroleum Co Goerschuler Roofing Co Schneider Excavating Inc. Pride Paving Inc. Institute for Forensic Psychology ORDINAN SERVICE BUS VENDERS $ 5,400.00 Chemicals for City D- = PROPERTY LOCATED AT 1923 LARKTN AVRNTiR ! PRTTTTfaN »- can a Councilman Walters made a motion, seconded by Councilwoman Yearman, to pass the aforementioned ordinance. Yeas: Councilmembers Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilmembers Gilliam and Popple. i swimming pools 6,927.75 Gasoline for Ann Street Garage 6,578.37 Gasoline for Ann Street Garage 4,201.60 Reroofing of former Sanitation Truck Garage and Woolworth Building 9,000.00 Bluff Spring Fen berm removal 19,045.00 Site preparation work for Wing Park Parking Lot & Road Rehabilitation 18,865.00 Psychological testing of Firefighter /Paramedic candidates D- = PROPERTY LOCATED AT 1923 LARKTN AVRNTiR ! PRTTTTfaN »- can a Councilman Walters made a motion, seconded by Councilwoman Yearman, to pass the aforementioned ordinance. Yeas: Councilmembers Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilmembers Gilliam and Popple. i 423 VOLUME LV Ordinance No. G34 -90 AN ORDINANCE RECLASSIFYING PROPERTY AT 1923 LARKIN AVENUE AND GRANTING A SPECIAL USE FOR AN AUTOMOBILE LAUNDRY WHEREAS, written application has been made to reclassify certain property located at 1923 Larkin Avenue from B -3 Service Business District to B -4 General Service District and for a special use for an automobile laundry; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for an automobile laundry be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the 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 B -3 Service Business District and including in the B-4 General Business District the following described property: Lot 4 and 5 in Map 5, of the Fox River Hills, in the City of Elgin, Kane County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for an automobile laundry, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: 1. Revisions to the site plan prepared by Super Wash, dated January 8, 1990 as follows: a. Provide a minimum of twenty feet protected entrance aisle. b. Reduce drive approaches to fourteen feet to encourage one - way movement. Post directional signs for "entrance" only and "exit" only to guide the flow of traffic and provide efficient on -site circulation, subject to ]DOT approval as recommended in condition 2. c. Provide a minimum six foot setback from all interior lot lines and an eight foot setback from front property line. d. Specify a barrier curb around the perimeter of all paved areas. VOLUME LV 424 e. Provide a minimum of 30 stacking spaces, and one parking stall per employee. f. Exterior lighting shall have cut off limits to prevent visibility of light source from adjacent property. If light source is visible from adjacent properties, the fixture shall be modified with shielding attached to the fixtures. Lenses shall not extend below the shielding. g. Provide a four foot wide public sidewalk along the street frontage of the property. h. Provide the required screening and trees around the perimeter of the paved areas. i. Stormwater shall be controlled on -site. 2. Submit evidence of permit approval from the Illinois Department of Transportation (IDOT) for access to Larkin Avenue (State Route 20) prior to special use approval. 3. Substantial conformance to the revised site plan. 4. 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. George VaVooW, Mayor n e Presented: August 8, 1990 Passed: August 8, 1990 Vote: Yeas 3 Nays 2 Recorded: Published: Attest: S/ Dolonna Mecum Dolonno Mecum, City Clerk 425 I II III VOLUME LV June 4, 1990 FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN SUBJECT Consideration of Petition 22 -90 Requesting a Rezoning from B -3 Service Business District to B -4 General Service District with a Special Use for an Automobile Laundry, property located at 1923 Larkin Avenue, by Mark Bohn as Applicant, and Bob and Bill Bruss, as Owners. CONSIDERATIONS A petition has been filed by Mark Bohn requesting a rezoning from B -3 to B -4 and a B -4 special use for an automobile laundry. The subject property is located at 1923 Larkin Avenue. The petitioner desires to construct an automobile laundry with three (3) self- service bays and two (2) automatic wash bays on the northern portion of the subject property. The oar wash is proposed to be open twenty -four hours per day. There no specific development plans for the remaining portion of the subject property at this time. FINDINGS After due notice, as required by law, the Land Use Committee held a public hearing on the proposed rezoning and special use on May 21, 1990. The petitioner testified at the public hearing and presented documentary evidence. No objectors appeared at the public hearing. Written objection has not been filed. The Land Use Committee has made the following findings with respect to Petition 22 -90: A. Site Characteristics: The subject property is comprised of two regularly shaped parcels of land totaling 32,650 square feet, or 0.75 acres. The property is currently undeveloped. A mature stand of trees is located on the southern portion of the property. Elevations range from 830 feet to 822 feet for a maximum relief of 8 feet. B. Sewer and Water: The subject property can be serviced through an eight (8) inch sanitary sewer, a twelve (12) inch water main and a fifteen (15) inch storm sewer, -Page 1- VOLUME LV 426 all located in the Larkin Avenue right -of -way. There are no capacity limitations for the proposed use at this location. Source: Engineering Division, City of Elgin. C. Traffic and Parking: Larkin Avenue functions as a major east -west arterial street serving the central west side of the city. Larkin Avenue west of Lyle Avenue has a design capacity of approximately 14,000 vehicles per day. Larkin Avenue currently carries approximately 10,300 vehicles per day. Trip generation data for the proposed automobile laundry is not available. The off - street parking ordinance does not contain provisions to regulate vehicle parking or stacking accessory to automobile laundries. The proposed automobile laundry features a stacking capacity of two cars per self - service bay and four cars per automatic wash bay, plus one parking space for an employee, for a total of fifteen spaces. The city's consultants drafting the Comprehensive Amendment to the Zoning Ordinance have recommended the following parking and stacking requirements for a car wash: Four spaces per bay or stall plus one space per employee plus ten additional stacking spaces. Based on the proposed site plan, a total of thirty -one spaces would be required. There is sufficient area to provide the required number of parking /stacking spaces . with a redesigned site plan. Sources: Engineering Division., City of Elgin. Design Manual, State of Illinois, 1984. D. Zoning History: The subject property was annexed to the City and zoned B -3 in 1974. E. Zoning Status: The subject property contains sufficient area to be developed in accordance with the zoning and subdivision regulations of the City of Elgin. F. Surroui.dir;g 1..... ":. 5:,. rig F. Surrounding Land Use and Zoning:The areas located to the north, east and west of the subject property are zoned B -3 and are developed with various commercial and office uses. The area located to the south of the subject property is zoned R -2 and is developed with single family residences. Page 2- 427 VOLUME LV G. Trend of Development: The subject property is located within an existing commercial strip pattern of Development. H. Comprehensive Plan: The subject property is located in an area designated Area /Village Center. It is a policy of the Comprehensive Plan to require land uses that differ in character, to be separated by an effective visual, noise, and aesthetic buffer, i.e. the Larkin Avenue commercial strip and surrounding residential areas. I. Suitability surrounding development policies of zoning is un I e101ied to B of Present Zoning: In view of the land use and zoning, the trend of in the area, and the goals, objectives and the Comprehensive Plan, the current B -3 suitable and the subject property should be -4. J. Special Use Standards: The proposed special use for a car wash is in substantial conformance with the special use standards, if developed in accordance with the conditions for approval. K. Conditions for Approval: The motion to recommend approval of Petition 22 - -90 was made subject to the following conditiuns: 1. Revisions to the site plan prepared by Super Wash, dated January 8, 1990 as follows: a. Provide a minimum of twenty feet protected entrance aislr_. L. Reduce drive approaches to fourteen feet to encourage one -way movement. Post directional signs for "entrance" only and "exit" only to guide the flow of traffic and provide efficient on -site circulation, subject to IDOT approval as recommended in condition 2. C. Provide a minimum six foot setback from all interior lot lines and an eight foot setback from front property line. d. Specify a barrier curb around the perimeter of all paved areas. e. Provide a minimum of 30 stacking spaces, and one parking stall per employee. f. Exterior lighting shall have cut off limits to prevent visibility of light source from adjacent property. If light source is visible from adjacent properties, the fixture shall be modified with shielding attached to the -Page 3- VOLUME LV fixtures. Lenses shall not extend below the shielding. g. Provide a four foot wide public sidewalk along the street frontage of the property. h. Provide the required screening and trees around the perimeter of the paved areas. i. Stormwateir shall be controlled on -site. 2. Submit evidence of permit approval from the Illinois Department of Transportation (IDOT) for access to Larkin Avenue (State Route 20) prior to special use approval. 3. Substantial . conformance to the revised site plan. 4. Compliance with all other applicable codes and ordinances. IV. RECOMMENDATION On a motion to recommend approval of Petition 22 -90, subject to the conditions for approval, the vote was six (6) yes and zero (0) no. Therefore, the motion to recommend approval of Petition 22 -90 was adopted. Robert W. Siljes �om, ChairmYn Land Use Committee Planning and Land Use Commission Thomas J. Atmstrong, SecreRiry Land Use Committee Planning and Land Use Commission -Page 4- 429 VOLUME LV RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES FOR STORM SEWER IMPROVEMENTS Councilman Gilliam made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING THE PROPOSAL OF HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES FOR STORM SEWER IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonno Mecum, City Clerk, be and are hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Hampton, Lenzini and Renwich, Inc. for engineering services for the Woodruff and Edwards storm sewer improvements, a copy of which is attached hereto and made a part hereof by reference. Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonno Mecum, City Clerk AnnPVnnrdP eorge anDeVoorde, Mayor SOLUTION ADOPTED 090 V&i)1197 104 OF AN Councilwoman Popple made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Coldspring Road Extended) 430 WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 431 VOLUME LV REPORTS RECEIVED AND ORDERED PLACED ON FILE Minutes of Land Use Committee Regular Meeting of July Committee of the Whole Minutes for July 25, 1990 Sales Tax Revenue Report for April 1990 Work Management System Report for June 1990 Transportation Operations Report for June 1990 Cemetery Report for June 1990 Elgin Liquor Commission Minutes for July 18, 1990 Councilman Gilliam made a motion, seconded by Councilwoman Yearman, to place the above reports on file as published. Yeas: Council - members Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. F ORDINANCE PASSED GRANTING A R -4 GENERAL RESIDENCE DISTRICT SPECIAL USE FOR AN OFF - STREET PARKING LOT PLACE (PETITI Councilman Gilliam made a motion, seconded by Councilwoman Yearman, to pass the aforementioned ordinance. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 5 VOLUME LV 432 Ordinance No. G35 -90 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OFF- STREET PARKING LOT WHEREAS, written application has been made for an off - street parking lot at 361 Hickory Place; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby finds and determines a special use for off - street parking at 361 Hickory Place is necessary to promote redevelopment of the adjacent lot for business use and to provide a buffer between the business use and residential uses. The City Council further finds that the proposed special use upon the conditions hereinafter set forth are so designed, located and proposed to be operated so that the public health, safety and welfare will be protected since no business use will be established on the subject property which will divide residential uses and the adjoining business use. The City Council further finds that the proposed use will not cause substantial injury to the property or to the property in the neighborhood in which it is located in that appropriate conditions will be placed upon the special use to protect surrounding properties from diminution in value and use and enjoyment. Section 2. That a special use for an off- street parking lot at 361 Hickory Place, Elgin, Illinois, legally described as follows: The West Half of Lot 2 of Brown's Subdivision of Lot 12 of P.J. Kimball Sr.'s Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Access shall be limited to one curb cut on Hickory Place. 2. A solid landscape screen between the parking lot and the south and east property lines shall be installed and thereafter maintained. 3. Full compliance with all 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 433 Presented: August 8, 1990 Passed: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s� l�nlnnna Me c I Dolonna Mecum, City Clerk VOLUME LV ORDINANCE PASSED RECLASSIFYING PROPERTY FROM M -1 LIMITED MANUFACTURING DISTRICT TO B -3 SERVICE--B T Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to pass the aforementioned ordinance. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. i VOLUME LV Ordinance No. G36 -90 AN ORDINANCE RECLASSIFYING PROPERTY ON NORTH McLEAN BOULEVARD AND BIG TIMBER ROAD 434 WHEREAS, written application has been made to reclassify certain property located on the west side of North McLean Boulevard, north of Big Timber Road, and on the north side of Big Timber Road, west of North McLean Boulevard from M -1 Limited Manufacturing District to B -3 Service Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19,08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the some is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the M -1 Limited Manufacturing District and including in the B -3 Service Business District, the following described property: Parcel I Lots 2 and 3 in Commerce Center Subdivision, being a subdivision of part of Section 3, Township 41 North, Range 8 East of the Third Principal Meridian. Parcel 2 That part of said Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast Corner of Lot I of said Commerce Center Subdivision (said point being in the center line of McLean Boulevard); thence North 89 degrees 45 minutes 45 seconds West along the North line of said Lot I to the Northwest Corner thereof; thence North 0 degrees 39 minutes 31 seconds West along the northerly extension of the West line of said Lot 1, a distance of 345.56 feet to a line drawn 150.00 feet South of and parallel to the South line of Century Oaks West Unit 3; thence South 88 degrees 34 minutes 04 seconds East along said parallel line 330.62 feet to the center line of McLean Boulevard; thence South 0 degrees 39 minutes 31 seconds East along said center line 338.67 feet to the point of beginning. Also, that part described as follows: Beginning at the Southwest Corner of said Lot 3; thence North 89 degrees 45 minutes 45 seconds West along the North line of property described in deed Document No. 1545001, a distance of 450.0 feet; thence 435 VOLUME LV North 39 degrees 55 minutes 44 seconds East 691.58 feet to the Southwest Corner of Lot I aforesaid; thence South 0 degrees 39 minutes 31 seconds East along the West line of Lots 2 and 3 aforesaid, 532.23 feet to the point of beginning. Parcel 3 That part of Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the center line of McLean Boulevard (formerly Crystal Lake Road) and the North line of the right -of -way of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence North 89 degrees 45 minutes 45 seconds West along said North line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, 1446.7 feet to the centerline of Big Timber Road (formerly Crystal Lake Road); thence North 57 degrees 33 minutes 47 seconds West along the aforementioned centerline of Big Timber Road, 430.93 feet to the point of beginning; thence continuing along a prolongation of the last described course, 551.36 feet to the West line of property described in deed recorded May 13, 1947 as Document Number 680786; thence North 15 degrees 08 minutes 08 seconds East along said West line (being also the West line of Century Oaks West Unit 6 subdivision), 440.0 feet; thence South 63 degrees 01 minutes 37 seconds East 386.19 feet to a point on the westerly extension of the North line of property described in deed Document Number 1545001; thence South 0 degrees 39 minutes 31 seconds East and parallel to the center line of McLean Boulevard 545.34 feet to the point of beginning. All being situated in the City of Elgin, Kane County, Illinois, and containing 14.1810 acres, more or less." Section 2. That the reclassification of the above described properties be and is hereby subject to the following conditions: 1. Parcel I: Lots 2 and 3 of the Commerce Center Subdivision shall be limited to a maximum of one point of access per parcel. Each point of access shall be located as for as is practical from existing access points on the west side of North McLean Boulevard. Additionally, it is strongly encouraged that the petitioner seek shared access points with the properties to the south and north of the subject property. 2. Parcel 2: The proposed B -3 parcel across from Todd Farm Drive shall be limited to one point of access onto North McLean Boulevard. When and if Todd Farm Drive is extended west from North McLean Boulevard access shall be provided from Todd Farm Drive extended and the access point on North McLean Boulevard shall be removed (within one year from the completion of construction of Todd Farm Drive). The access point on Todd Farm Drive extended shall be at least 125 feet from the North McLean Boulevard right -of -way. 3. Parcel 3: For the parcel of property fronting on Big Timber Road one point of access shall be provided. If or when a north -south street is constructed adjacent to the Big Timber parcel to provide access to the remainder of the M -1 zoned property not subject to this petition the access onto Big Timber Road shall be removed (within one year of construction of VOLUME LV 436 said street). Upon construction of said north -south street one access point shall be permitted which is to be located at least 125 feet from the Big Timber Road right -of -way. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Passed: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 7ING FINAL PLAT OF D EAST OF RANDALL ROAD Coil Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVorode. Nays: None. ,i 437 RESOLUTION APPROVING FINAL PLAT FOR THE OAKS CLUB VOLUME LV BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Burnidge & Westphal, Inc. dated July 20, 1990 for The Oaks Club. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonno Mecum, City Clerk TION ADOPTED EXTENDING THE MORATORIUM ON OFF- PREMISE SIGN PERMITS Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV RESOLUTION EXTENDING THE MORATORIUM ON ISSUE OF SIGN PERMITS 438 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the moratorium on the issuance of off - premise sign permits authorized on September 27, 1989 and extended on March 28, 1990, be and is hereby extended to September 30, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: _s/ Dolonna Mecum Dolonno Mecum, City Clerk NANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE, 1976 Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to pass the aforementioned ordinance. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. t 439 VOLUME LV Ordinance No. G37 -90 AN ORDINANCE AMENDING THE ELGIN MUNCIPAL CODE, 1976, CHAPTER 6.06 ENTITLED ALCOHOLIC LIQUOR DEALERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Title 6, Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding under Section 6.06.090 the following: H. No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, or any military or naval station. This prohibition shall not apply to the renewal of a license for the sale of retail of alcoholic liquor on premises within 100 feet of any church or school where such church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services, or educational programs and not to property boundaries. In all other cases, the distance of 100 feet shall be measured from lot line to lot line. Nothing in this section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant or hotel having not fewer than 150 guest room accommodations notwithstanding the proximity of such hotel or restaurant to any church, if the licensed premises described on the license are located within an enclosed mall or building of a height of at least 6 stories and if the sale of alcoholic liquors is not the principal business carried on by such license. Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors. Section 2. That Elgin Municipal Code, 1976, as amended, is hereby further amended, by adding the following: 6.06.126 Assessment of Costs of Hearings Any licensee determined by the Local Liquor Control Commissioner to have violated any of the provisions of Chapter 6.06.120(C) of the Elgin Municipal Code as, amended, or any resolution of the City, or any rule or regulation established by the Local Liquor Control Commission, or the State Commission, shall pay to the City the costs of the hearing held before the Local Liquor Control Commission on such violation. The Local VOLUME LV Liquor Control Commission shall determine the costs incurred by the City for the hearing, including court reporter fees, the cost of transcripts or records, attorney's fees, the cost of preparing and mailing notices and orders, and other miscellaneous expenses incurred by the City. The licensee shall pay said costs to the City within thirty (30) days of notifica- tion of the costs by the Local Liquor Control Commission. Failure to pay said costs within thirty (30) days of notification is a violation of this Sec- tion, and may be cause for license revocation or suspension or for imposi- tion of a fine as provided by law. In the event of an appeal to the State Commission, and in cases where appeal is taken under the Administrative Review Act, payment is due forty (40) days after entry of an order finally affirming the determination of the Local Liquor Control Commissioner. The remedies afforded in this Section 6.06.126 are not exclusive, and any such sums assessed thereunder may be collected as any other debt. 440 Section 3. That Section 6.06.170 of Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 4. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section S, That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. 9 L Geora_e VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Passed: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonno Mecum, City Clerk ORDINANCE PASSED AMENDING THE OF Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to pass the aforementioned ordinance. Yeas: Councilmembers Gilliam, Popple, Walters,Yearman, and Mayor VanDeVoorde. Nays: None. J !IM VOLUME LV Ordinance No. S13 -90 AN ORDINANCE AMENDING AN ORDINANCE IMPOSING A SURCHARGE ON CERTAIN TELECOMMUNICATION CARRIERS FOR THE PURPOSE OF INSTALLING A 9 -1 -I EMERGENCY TELEPHONE SYSTEM WHEREAS, Illinois Revised Statutes, 1985, Ch. 134, Par. 31, et seq., known as the "Emergency Telephone System Act" (hereinafter the "Act ") authorizes municipalities engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the municipality and terminating within the State of Illinois to impose a surcharge within the corporate limits of the municipality in order to pay for the installation, upgrading and maintenance of a 9 -1 -1 Emergency Telephone System; and WHEREAS, the Act further provides that upon the passage of an ordinance imposing such a surcharge by a municipality, the question of whether such surcharge may be imposed shall be submitted to the electors of the municipality; and WHEREAS, Ordinance S14 -88 established a surcharge of sixty -five cents ($.65) per month on all telecommunication carriers engaged in the business of transmitting messages by means of electricity within the corporate limits of the City of Elgin and terminating within the State of Illinois at a rate per network connection of sixty -five cents ($.65) per month; and WHEREAS, on April 4, 1989 said surcharge was approved at the regular municipal election; and WHEREAS, on April 26, 1989 Ordinance S14 -88 was amended by Ordinance No. SII- 89;and WHEREAS, it is necessary and desirable to amend Ordinance S1 1 -89. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Section 5, Subsection 6, of Ordinance SI1 -89 passed on April 26, 1989 is amended to read as follows: "(6) Other products and services necessary for the implementation, upgrade and maintenance of the system and any other purpose related to the operation of the system, including costs attributable directly to the construction, leasing, or maintenance of any buildings or facilities or costs of personnel attributable directly to the operation of the system. Costs attributable directly to the operation of an emergency telephone system do not include the costs of public safety agency personnel who are and equip- ment that is dispatched in response to an emergency call." _s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LV 442 Presented: August 8, 1990 Passed: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonno Mecum, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS OF VARIOUS BOARDS AND COMMISSION Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 443 VOLUME LV RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Andrew S. Patete be and is hereby reappointed as a member of the Board of Examiners of Stationary Engineers for a term to expire May I, 1992. BE IT FURTHER RESOLVED that Edward Brown be and is hereby appointed as a member of the Greater Downtown Elgin Commission to fulfill the unexpired term of Eric Larson for a term to expire May I, 1991. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Doionno Mecum, City Clerk RESOLUTION ADOPTED ACCEPTING AMENDMENT NUMBER 1 TO THE PROPOSAL OF WVP CORPORATION FOR PRELIMINARY ENGINEERING AXhA 11 Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV 444 RESOLUTION ACCEPTING AMENDMENT NUMBER I TO THE PROPOSAL OF WVP CORPORATION FOR PRELIMINARY ENGINEERING SERVICES FOR AREA 11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept Amendment Number I to the proposal of WVP Corporation for preliminary engineering services for Area II street and sewer improvements on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PTO s/ George VanDeVoorde George VanDeVoorde, Mayor M i3�ll'.l1 Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 445 VOLUME LV RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 1989 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the City of Elgin, Illinois, Comprehensive Annual Financial Report for the Year Ended December 31, 1989 prepared by the Department of Finance and the accompanying opinion of the auditor, Karrison, Byrne, Jansey & Trimarco, Ltd. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV 446 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELGIN BMX ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Elgin BMX Association for a bike moto cross facility, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays D Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 447 VOLUME LV RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO MASTER AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Amendment to Master Agreement on behalf of the City of Elgin with the State of Illinois Department of Transportation for the maintenance of traffic signals on state routes within the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 434 s/ George VanDeVoorde George VanDeVoorde, Mayor ON Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV 448 RESOLUTION AUTHORIZING EXECUTION OF REAL ESTATE SALES CONTRACTS (434 Dundee Avenue and 436 -438 Dundee Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Real Estate Sales Contracts on behalf of the City of Elgin with Philip Wik for the properties commonly known as 434 Dundee Avenue and 436 -438 Dundee Avenue, copies of which are attached hereto and made a part hereof by reference. Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk LUT OF -375 George Van eToo de, Mayor on t1Y"6111 Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 449 VOLUME LV RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (345 -375 North State Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with the First National Bank of Elgin, as Trustee under Trust Agreement dated October 3, 1975, and known as Trust #2777, and M. Allen Dummler and Patricia Dummler for the property commonly known as 345 -375 North State Street, a copy of which is attached hereto and made a part hereof by reference. Presented: August 8 1990 Adopted: August 9, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s1 Dolonna Mecum Dolonna Mecum, City Clerk E s/ Georges VanDeVoorde George VanDeVoorde, Mayor ;R 14.04 OF AS AMENDED. Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV 450 Ordinance No. G38 -90 AN ORDINANCE AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED "WATER REGULATIONS" WHEREAS, Rule 890.1510 of the Illinois Plumbing Code, 77 ILL. Amd. Code 890.1510, requires protection of the potable water system from contamination due to backflow or back - siphonage of contaminants through the water service connection; and WHEREAS, the Illinois Environmental Protection Agency Regulations, 35 ILL. Adm. Code 607.104 limit cross connections and require an active program of cross connection control which will prevent the contamination of all potable water supply systems; and, WHEREAS, in order to comply with said regulations it is necessary to establish procedures and requirements for cross connection control; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Title 14, Chapter 14.04 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 14.04.065 to read as follows: 14.04.065. Cross connection with public water supply prohibited. Section I. That, if in accordance with the Illinois Plumbing Code, or in the judgement of the Water Operations Director, an approved cross connection control device is necessary for the safety of the public water supply system, the Water Operations Director shall give notice to the water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code and all applicable local regulations, and shall have inspection and tests made by a certified cross connection control devise inspector, of such approved devices as required by the Illinois Plumbing Code and local regulations. "Section 2. That no person, firm or corporation shall establish, or permit to be established, or maintain, or permit to be maintained, any connection whereby a private, auxiliary or emergency water supply enters the supply or distribution system of the City of Elgin, unless such private auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Water Operations Director and the Illinois Environmental Protection Agency. Section 3. That it shall be the duty of the Water Operations Director to cause surveys and investigations to be made of premises served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated not less than every two years. Inspections shall be conducted at a greater frequency when the Water Operations Director deems it necessary. Records of such surveys shall be maintained by the City Water Department as a public record and available for review for a period of at least five years. Section 4. The Water Operations Director, or his authorized agent shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City of Elgin for the purpose of verifying the presence of cross connections, or of verifying information submitted by the customer 451 VOLUME LV regarding the required cross connection control inspection. On demand, the owner, lessees, or occupants of any property so served shall furnish to the Water Operations Director any information which he may request regarding the water piping or systems; or water use on such property. Failure to provide information when demanded, shall be deemed evidence of the presence of improper connections as provided in this ordinance. Section 5. That the Water Operations Director of the City of Elgin is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service of any property wherein any connection in violation of the provisions of this ordinance is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this ordinance, and until a reconnection fee of $250.00 is paid to the City of Elgin. Immediate disconnection with verbal notice may be effected when the Water Operations Director is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. Section 6. That the customer is deemed responsible and must bear the cost of clean up of the potable water supply system if contamination of the potable water supply system occurs through any means under the control of the customer including, but not limited to an illegal cross connection or an improperly installed, maintained or repaired device, or a device which has been bypassed. Section 7. That the Regulations of Cross Connection Control attached to this ordinance are incorporated as an integral part of this ordinance and are approved and supported by the full authority of this ordinance. Section 8. This ordinance shall take effect and be in force from and after the 8th day of August, 1990. Section 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 10. That this ordinance shall be in full force and effect from and after its passage and publication in pamphlet form in the manner provided by law. George Van eVoorde, Mayor Presented: August 8, 1990 Passed: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LV REGULATIONS ON CROSS CONNECTION CONTROL A. Purpose. The purpose of these Rules and Regulations is: 452 I. To protect the public water supply system from contamination or pollution by isolating within customer's water system contaminants or pollutants which may backflow through the service connection into the public water supply system. 2. To promote the elimination or control of existing cross connections between the public or comsumer's potable water system and non - potable water system, plumbing fixtures and sources or systems containing substances of unknown or questionable safety. 3. To provide for the maintenance of a continuing program of cross connection control which will prevent the contamination or pollution of public and private potable water systems. B. Application. These Rules and Regulations shall apply to all premises served by the public potable water supply system of the City of Elgin. C. Policy. The property owner shall be responsible for protection of the public water supply system from contamination due to backflow or back - siphonage of contaminants through the customer's water service connection. If, in the judgement of the Water Operations Director or his authorized representative, an approved cross connection control device is necessary for the safety of the public water supply system, the Water Operations Director shall give notice to the consumer to install such approved operations cross connection control device at each service connection to the premises. The customer shall immediately install each approved device or devices at his own expense; failure, refusal or inability on the part of the customer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed. The customer shall retain record of installation, maintenance, testing and repair as required in Section 5D (4) below for a period of at least five years. D. Consent. All consumers of public water shall consent in writing to comply with the terms of the Ordinance as a condition of commencement or continuation of water service. SECTION 2. DEFINITIONS A. The following definitions shall appply in the interpretation of these regulations: I. "Agency" means Illinois Environmental Agency. 453 VOLUME LV "Approved" means backflow prevention devices or methods approved by the Research Foundation for Cross Connection Control of the University of Southern California, American Water Works Association, American National Standards Institute or certified by the National Sanitation Foundation. "Auxiliary water system" means any water source or system on or available to the premises other than the public water supply system and includes the water supplied by the system. These auxiliary waters may include water from another purveyor's public water supply system; or, water from a source such as wells, lakes or streams, or process fluids, or used water. These waters may be polluted or contaminated or objectionable or constitute a water source or system over which the water purveyor does not have control. 4. "Backflow" means the flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than the intended source of the potable water supply. 5. Community water supply means a public water supply which serves or is intended to serve at least 15 service connections used by residents or regularly serves at least 25 residents. 6. "Customer" or "Consumer" means the owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system. 7. "Customer's or Consumer's water system" means any water system located on the customer's premises. A building plumbing system is considered to be a customer's water system. 8. "Contamination" means an impairment of the quality of the water by entrance of any substance to a degree which could create a health hazard. 9. "Cross connection" means any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby there may be a flow from one system into the other. Direct cross connection means a cross connection formed when a water system is physically joined to a source of unknown or unsafe substance. Indirect cross connection means a cross connection through which an unknown substance can be forced, drawn by vacuum or otherwise introduced into a safe potable water system. VOLUME LV 454 10. "Cross Connection Control Device" means any device, method, or type of construction intended to prevent backflow into a potable water system. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection Agency. 11. "Cross Connection Control Device Inspector" means a person approved by the Illinois Environmental Protection Agency to inspect, test and maintain cross connection control devices. 12. "Double check valve assembly" means an assembly composed of a single unit, with two independently acting check valves approved under ASSE Standard 1015. A double check valve assembly must include tight shutoff valves located at each end of the assembly and suitable connections for testing the water tightness of each check valve. 13. "Fixed proper air gap" means the unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle. 14. "Health hazard" means any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health and well -being of consumers. The word "severe" as used to qualify "health hazard" means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of Fife. 15. "Inspection" means a plumbing inspection to examine carefully and critically all material, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirements of the Illinois Plumbing Code, 77 ILL. Adm. Code 890. 16. "Non- community water supply" means a public water supply that is not a community water supply. The requirements of this Act shall not apply to non - community water supplies. 17. "Non- potable water" means water not safe for drinking, personal, or culinary use as determined by the requirements of 35 ILL. Adm. Code 604. 18. "Plumbing" means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing includes all piping, fixtures appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. Plumbing includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system five feet beyond the foundation walls. 455 VOLUME LV 14. "Pollution" means the presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to impair the usefulness of the water. 20. "Potable water" means water which meets the requirements of 35 ILL. Adm. Code 604 for drinking, culinary, and domestic purposes. 21. "Potential Cross - Connection" means a fixture r appurtenance �vjth tnhreated hose connection, tapere spout, or other connection w is would facilitate extension of the water supply line beyond its legal terination point. 22. "Process fluid(s)" means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollutional, or system hazard if introduced into the public or a potable water system. This includes but is not limited to: a. polluted or contaminated waters; b. process waters; c. used waters originating from the public water supply system which may have deteriorated in sanitary quality; d. cooling waters; e. questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation systems; f. chemicals in solution or suspension, and; g. oils, gases, acids, alkalis and other liquids and gaseous fluids used in industrial or other processes, or for fire fighting purposes. 23. "Public water supply" means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used on intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections, or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a "community water supply" or a non - community water supply ". 24. 'Reduced pressure principle backflow prevention assembly (RPZ) means an assembly containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve, located between the two check valves, and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow. the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valves, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. "` VOLUME LV 456 The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks. 25. "Service connection" means the opening, including all fittings and appurtenances, at the water main through which water is supplied to the user. 26. "Survey" means the collection of information pertaining to a customer's piping system regarding the location of all connections to the public water supply system and must include the locations, type and most recent inspection and testing date of all cross connection control devices and methods located within that customer's piping system. The survey must be in written form, and should not be an actual plumbing inspection. 27. "System hazard" means a condition through which an oestheticallly objectionable or degrading material not dangerous to health may enter the public water supply stem or a consumer's potable water system. 28. "Used water" means any water supplied by a public water supply system to a consumer's water system after it has passed throught the service connection and is no longer under the control of the water supply official custodian. 29. "Water purveyor" means the owner or official custodian of a public water system. SECTION 3. Water System A. The water system shall be considered as made up of two parts: the public water supply system and the consumer's water system. B. The public water system shall consist of the source facilities and the distribution system, and shall include all those facilities of the potable water system under the control of the City of Elgin up to the point where the consumer's water system begins. C. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water supply distribution system. D. The public water supply distribution system shall include the network of conduits used to delivery water from the source of the consumer's water system. E. The consumer's water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to points of use. 7 457 SECTION 4. Cross - Connection Prohibited VOLUME LV A. Connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable quality are prohibited except when and where approved cross connection control devices or methods are installed, tested, and maintained to insure proper operation on a continuing basis. B. I. No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bateriological and chemical quality as determined by inspection and analysis by the Agency. 2. There shall be no arrangement or connection by which an unsafe substance may enter a supply. SECTION 5. Survey and Investigations A. The customer's premises shall be open at all reasonable times, including all hours during which business is conducted, to the City Water Department and Building and Inspection Services for the inspection of the presence or absence of cross connections within the customer's premises. B. On request by the Water Operations Director, or his authorized representative, the customer shall furnish information regarding the piping system(s) and /or water use within the customer's premises. The customer premises shall be open at all reasonable times, including all business hours, to the Water Operations Director for the verification of information submitted by the customer to the public water supply custodian regarding cross connection inspection results. C. It shall be the responsibility of the water customer to arrange periodic surveys of water use practices on his premises to determine whether there are actual or potential cross connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system. All cross connection control or other plumbing inspection must be conducted in accordance with ILL. Rev. Stat. 1983, Ch 11 I, Par. 1103(1). D. It is the responsibility of the water customer to prevent backflow into the public water system by insuring that: All cross connecitons are removed or, approved cross connection control devices are installed for control of backflow or back - siphonage. 2. Cross connection control devices shall be installed in accordance with the manufacturer's instructions. 3. Cross connection control devices shall be inspected at feasts annually by a person approved by the Agency as a cross connection control device inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instructions. VOLUME LV 4. Testing and Records 458 a. Each device shall be tested at the time of installation and at least annually or more frequently if recommended by the the manufacturer. b. An approved inspection form completed by the certified inspector shall be submitted to the City each time the device is inspected. c. Records submitted to the Elgin Water Department shall be available for inspection by Agency personnel in accordance with ILL. Rev. Stat. 1983, Ch. I 11 1/2, par. 1004(e). d. Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs. e. A maintenance log shall be maintained and include: I. date of each test; 2. name and approval number of person performing the test; 3. test results; 4. repairs or servicing required; 5. repairs and date completed; 6. service performed and date completed; 7. Manufacturer's Testing and Maintenance Procedures. SECTION 6. Where Protection is Required A. An approved cross connection control device shall be installed on each service line to a customer's water system service premises where, in the judgement of the Water Operations Director, actual or potential hazards to the public water supply system exist. B. An approved cross connection control device shall be installed on each service line to a customer's water system serving premises where the following conditions exist: I. Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Water Operations Director and the source is approved by the Illinois Environmental Protection Agency. 2. Premises on which any substance is handled which can create an actual or potential hazard to the public water supply system. This shall include premises having sources or systems containing process fluids or waters originating from the public water supply system which are no longer under the sanitary control of the Water Operations Director. 0 459 VOLUME LV 3. Premises having internal cross connections that, in the judgement of the Water Operations Director, are not correctable or intricate plumbing arrangments which make it impractical to determine whether or not cross connections exist. 4. Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross connection survey. 5. Premises having a repeated history of cross connections being established or re- established. C. An approved cross connection control device shall be installed on each service line to a consumer's water system serving, but not necessarily limited to, the following types of facilities unless the Water Operations Director determines that no actual or potential hazard to the public water supply system exist: hospitals, mortuaries, clinics, nursing homes; 2. laboratories; 3. piers, docks ,waterfront facilities; 4. sewage treatment plants, sewage pumping stations or storm water pumping stations; 5. food or beverage processing plants; 6. chemical plants; 7. metal plating industries; 8. petroleum processing or storage plants; 9. radioactive material processing plants or nuclear reactors; 10. car washes; 11. laundries. SECTION 7. Type of Protection Required A. The type of protection required under Sections 6.A, 6.13, and 6.0 of these regulations shall depend on the degree of hazard which exists, as determined by the Water Department: An approved fixed proper air gap separation or RPZ device shall be installed where the public water supply system may be contaminated with a substance that could cause a severe health hazard. 2. An approved fixed proper air gap separation RPZ device, or a double check valve assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard. VOLUME LV r..1 3. A double check valve assembly shall be installed where the public water supply system may be polluted with a substance or combination of substances that have the potential to aesthetically degrade the water quality as to the sense of taste, sight, or smell without tending to cause any actual physical illness or injury to persons consuming the water. B. The type of protection required under Section 6.0 of these regulations shall be an approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention device. C. Where a public water supply is used for a fire protection system, the use of double detector check valve assemblies shall be allowed on sprinkler lines subject to the following conditions: 1. In the event of a fire, the sprinkler system shall be replenished only with potable water supplied directly from a City hydrant or by a Fire Department pumper drawing from a City hydrant. 2. There are no chemicals present in the static system to prevent freezing, corrosion, or fire retardants. 3. In the event of fire, no chemicals utilized as fire retardants shall be introduced to the system either through aspiration or other means. SECTION 8. Cross Connection Control A. All cross connection control devices or methods required by these rules and regulations shall be approved by the Research Foundation for Cross Connection Control of the University of Southern California, American Water Works Association, American Society of Sanitary Engineering, or American National Standards Institute or certified by the National Sonitatation Foundation to be in compliance with applicable industry specification. B. Installation of approved devices shall be made in accordance with 35 ILL. Adm. Code 653.802, and only as specified by the Research Foundation for Cross Connection Control of the University of Southern California or applicable industry specifications. Maintenance, as recommended by the manufacturer of the device, shall be performed. Manufacturer's maintenance manual shall be available on site. SECTION 9. Inspection and Maintenance A. It shall be the duty of the customer at any premises on which cross connection control devices required by these regulations are installed to have inspections, tests, maintenance and repairs made in accordance with The following schedule, or more often where inspection indicate a need or are specified in manufacturer's instructions. i. Fixed proper air gap separations shall be inspected at the time of installation and at least annually thereafter. 461 VOLUME LV 2. Double check valve assemblies shall be inspected and tested for tightness at time of installation and at least annually thereafter, and required service performed within fifteen (15) days. 3. Reduced pressure principle backflow prevention devices shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer, and required service performed within five (5) days. B. Testing shall be performed by a person who has been approved by the Agency as competent to service the device. Proof of approval shall be in writing. C. Each device shall have a tag attached listing the date of most recent test or visual inspection, name of tester, and type and date of repairs. D. An approved maintenance log shall be maintained and include: 1. date of each test or visual inspection; 2. name and approval number of person performing the test or visual inspection; 3. test results; 4. repairs or servicing required; 5. repairs and date completed, and; 6. any and all service performed and date on which this service was completed. E. A copy of the maintenance log shall be submitted annually with the inspection form. F. Whenever cross connection control devices required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay. G. Cross connection control devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Water Operations Director. SECTION 10. Booster Pumps A. Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cutoff device designed to shut -off the booster pump when the pressure in the service line on the suction side of the pump dropsto 20 psi or less. 11) f VOLUME LV 462 B. It shall be the duty of the water customer to maintain the low pressure cut -off device in proper working order and to provide to the Water Operations Director, at least once a year on forms provided by the City Water Department a certified report of compliance, prepared by a certified cross connection device inspector. SECTION 11. VIOLATIONS A. The Water Operations Director shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any cross connection control device required by these regulations is not installed, tested, maintained or repaired in a manner acceptable to the Water Operations director, or if it is found that the cross connection control device has been removed or bypassed, or if an unprotected cross connection exists on the premises, or if a low pressure cut -off required by these regulations is not installed and maintained in working order. B. Water service to such premises shall not be restored until the customer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Water Operations director, and the required reconnection fee is paid. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 13 463 VOLUME LV RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AN AGREEMENT WITH CRAWFORD, MURPHY AND TILLY, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an amendment to an agreement on behalf of the City of Elgin with Crawford, Murphy and Tilly, Inc. for the Shales Parkway improvement, a copy of which is attached hereto and made a part hereof by reference. George Van eVoorde, Mayor Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. J VOLUME LV RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY 464 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a License Agreement on behalf of the City of Elgin with the Chicago and North Western Transportation Company for the design and construction of a drainage system at the southwest corner of DuPage Street and the Chicago and North Western Transportation Company tracks, a copy of which is attached hereto and made a part hereof by reference. Presented: August 8, 1990 Adopted: August 8, 1990 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor RECOGNIZE PERSONS PRESENT Ken Fix of 248 Hghbury (Parkwood), Elgin, addressed the Council concerning the proposal of Valley Bank and Trust Company to put a branch banking facility on Summit Street with exits onto Waverly Drive and the bank's request that its property on Waverly Drive be rezoned from residential to business. Mr. Fix stated that Valley Bank has not been a very good neighbor in the past and hasn't maintained the property. Residents in the area oppose the encroach- ment of business into an established residential neighborhood. He said that there is already a lot of traffic on Waverly Drive, a number of children cross that street to go to the 7- Eleven store, and the additional traffic resulting from the proposed bank facility would cause a real danger. Mr. Fix also stated that he was aware that this issue was not before the Council at this time. However, he wanted to bring these matters to their attention. Mayor VanDeVoorde stated that this matter will eventually be brought before the Council and they will review all the factors at that time. ANNOUNCEMENTS VOLUME LV Mayor VanDeVoorde made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adjourn the Council meeting and return to the Committee of the Whole Meeting... Yeas: Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. The Council meeting adjourned at 9:10 p.m. 1� Dolonna Mecum, City Clerk I r. VOLUME LV AUGUST 22, 1990 466 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on August 22, 1990, at 8 p.m., in the Council Chambers. Meeting was called to order by Mayor VanDeVoorde. The Invocation was given by Dr. Willis A. Reed, and the Pledge of Allegiance led by Councilwoman Yearman. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. MINUTES OF THE AUGUST 8, 1990 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman. Popple made a motion, seconded by Councilwoman. Yearman, to approve the August 8, 1990, Council Minutes. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS RESOLUTION ADOPTED EXPRESSING APPRECIATION TO THE NTN CORPORATION Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. The Resolution was presented to Scott Hiramatsu and Dan Wecker of NTN Corporation in appreciation of NTN °s gift of $20,000 to the City of Elgin. 157 RESOLUTION EXPRESSING APPRECIATION TO THE NTN CORPORATION VOLUME LV WHEREAS, the NTN Corporation has donated the sum of $20,000 to the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to the NTN Corporation for its generous donation of $20,000 to the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum. City Clerk BID AWARDED FOR HEATING SYSTEM FOR WOOLWORTH BUILDING AND LORD'S PARK MAINTENANCE BUILDING Councilman Walters made a motion, seconded by Councilman Fox, to award both projects to the low bidder, Elgin Sheet Metal Company. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ML011160 1►rl BID AWARDED FOR ASBESTOS REMOVAL - FARM COLONY Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to award this contract to Vickery & Associates, Inc. for the amount of $93,400, to be reimbursed at a later date by the Elgin Development Corporation. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION IS- IDENCE DISTRICT �l�S4[Ki��77alaY� fc3 K. 167'i For the purpose of placing the aforementioned petition on the table, Gilliam made a motion, seconded by Councilwoman Moylan, to approve Petition 15 -90, subject to the staff recom- mendations and submission of an irrevocable letter of credit with reference to the proposed bridge construction. Yeas: Councilmembers Moylan and Walters. Nays: Councilmembers Fox, Gilliam, Popple, Yearman, and Mayor VanDeVoorde. PETITION 2 USE C\At> BY BURNIDGE. CASSELL AND ASSOCIATES. AS Ian" i.41KIK ReIVa Councilman Gilliam made a motion, seconded by Councilwoman Popple, to table Petition 23 -90 until September 12, 1990. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 469 PETITION 2 lat hw% to-k4c VOLUME LV R -2 SINGLE FAMILY i y"- !4M *00 Councilwoman Moylan made a motion, seconded by Councilman Gilliam, to approve Petition 28 -90, subject to staff recommendations. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Yearman, and Mayor VanDeVoorde. Nays: None. Abstain: Councilman Walters. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Berna - Mayflower $7,400.26 City Manager's moving expenses Sey£arth, Shaw, 7,770.00 Legal services during Fairweather & June regarding Police Geraldson Union matters D.H. Martin Petroleum Co. 8,348.60 Gasoline for Ann Street Garage Councilman Gilliam made a motion, seconded by Councilman Walters, to approve the aforementioned payments. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ADOPTED AUTHORIZING OF Councilwoman Popple made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Yearman, and Mayor VanDeVoorde. Nays: None. Abstain: Councilman Walters. J VOLUME LV 470 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Cobbler's Crossing Unit 14) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agree- ment in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shalt be effective from and after its passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 471 REPORTS RECEIVED AND ORDERED PLACED ON FILE VOLUME LV Hemmers Advisory Board Minutes for June 14, 1990 Sales Tax Revenue Report for May 1990 Heritage Commission Minutes for July 9, 1990 Building Permit Report for July 1990 Water Department Report for July 1990 Minutes of the Land Use Committee Regular Meeting of July 23, 1990 July Disbursement Report Councilman Gilliam made a motion, seconded by Councilman Fox, to place the above reports on file as published. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 231 A SPECIAL USE FOR AN LINDA HAIGHT Councilwoman Yearman made a motion, seconded by Councilman Fox, to pass the aforementioned Ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilman Gilliam. i w VOLUME LV 472 Ordinance No. G40 -90 AN ORDINANCE GRANTING A SPECIAL USE FOR AN AUTOMOBILE LAUNDRY WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of an automobile laundry at 231 Douglas Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an automobile laundry at 231 Douglas Avenue, Elgin, Illinois, legally described as follows: The North 108 feet of the West 164 feet of reserved lot number 47 and the West 164 feet of the 16.5 foot vacated alley lying northerly of and adjoining to Phineas J. Kimball's Jr. Second Addition to Elgin, and the North 23.5 feet of the South 73.5 feet of the West 115.0 feet of reserved lot number 47 of Phineas J. Kimball's Jr. Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. Provide four vehicle stacking spaces per wash bay and one parking space per employee. 2. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor i 473 VOLUME LV Presented: August 22, 1990 Passed: August 22, 1990 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED APPOINTING MEMBER TO THE PLANNING COMMITTEE Councilwoman Popple made a motion, secamded by Councilwoman Yearman, to remove Item No. 13 from the Consent Agenda, amend it by removing the name Dennis Hallock from the Resolution previously distributed, and adopt the Resolution appointing Keith Brown as a member of the Planning Committee. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. u. VOLUME LV RESOLUTION APPOINTING MEMBERS TO THE PLANNING COMMITTEE :- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Keith Brown be and is hereby appointed as a member of the Planning Committee for a term to expire July I, 1991. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED AUTHORIZING FINAL PLATS OF UNIT 1 OF WOODBRIDGE NORTH SUBDIVISION, PROPERTY LOCATED TdPgIF OP PAM T1➢T.T. Pr) AT) / AT) PT.Tr ArPTnAT Cl n_Qn 1 Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned Resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 475 RESOLUTION APPROVING FINAL PLAT FOR WOODBRIDGE NORTH UNIT i VOLUME IV BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Duda Surveying dated June 15, 1990 for Woodbridge North Unit I. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED AUTHORIZING FINAL PLATS OF UNIT 2 OF WOODBRIDGE NORTH SUBDIVISION, PROPERTY LOCATED WEST OF RANDALL ROAD (APPLICATION S10 -90) Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV RESOLUTION APPROVING FINAL PLAT FOR WOODBRIDGE NORTH UNIT 2 476 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Duda Surveying dated June 14, 1990 for Woodbridge North Unit 2. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED SUPPORTING THE INVITATION OF THE SISTER CITY ASSOCIATION OF ELGIN, ILLINOIS, TO BELGOROD, USSR Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 477 VOLUME LV RESOLUTION SUPPORTING THE INVITATION OF THE SISTER CITY ASSOCIATION OF ELGIN, ILLINOIS, TO BELGOROD, USSR WHEREAS, the Sister Cities International program stated in 1956 by President Dwight Eisenhower; and WHEREAS, the Sister Cities International fosters friendship and understanding between the peoples and cities of the United States and other nations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby endorses the work and purposes of the Sister City Association of Elgin, Illinois, and supports the invitation of the Sister City Association of Elgin, Illinois, to Belgorod, USSR, to establish an on -going Sister Cities relationship between Elgin and Belgorod. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Doionno Mecum Dolonna Mecum, City Clark RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF ROY F. WESTON, INC FOR YARD WASTE COMPOSTING SITE Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV RESOLUTION ACCEPTING THE PROPOSAL OF ROY F. WESTON, INC. FOR A YARD WASTE COMPOSTING SITE am BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Roy F. Weston, Inc. to develop a permit application and obtain ]EPA approval for a yard waste composting site, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonno Mecum, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION TTl T.111TT 11TIIT 111 11'm 11 rli Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 479 VOLUME LV RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U -46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with School District U-46 for the operation of a School Officer Liaison Program for, the 1990 - 1991 school year, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE PASSED AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to pass the aforementioned Ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 3 VOLUME LV E:1 Ordinance No. G39 -90 AN ORDINANCE AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the total authorized strength of the Elgin Police Department shall hereafter be one hundred fourteen (114) members, of which one member shall be chief, no more than three (3) members shall hold the rank of deputy chief, no more than six (6) members shall hold the rank of lieutenant, no more than eleven (11) members shall hold the rank of sergeant and the balance of said members shall be of patrolman rank. Section 2. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. Section 3. That this ordinance shall be effective from and after its passage and approval in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Passed: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED ACCEPTING CERTAIN REAL PROPERTY FOR PARK PURPOSES Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas. Councilmembers Fox Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 481 VOLUME LV RESOLUTION ACCEPTING CERTAIN REAL PROPERTY FOR PARK PURPOSES WHEREAS, Valley Creek of Elgin, Inc. has agreed to dedicate certain real property for park purposes to the City of Elgin; and WHEREAS, the addition of said property to the public property owned by the City of Elgin will benefit the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the quitclaim deed of Valley Creek of Elgin, Inc. to the City of Elgin of the property legally described as follows: Lot 145 in Valley Creek Unit No. 5, in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to record the quitclaim deed herein described in the office of the Recorder of Deeds for the County of Kane. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonno Mecum, City Clerk RESOLUTION ADOPTED ACCEPTING CERTAIN REAL PROPERTY FOR PARK PURPOSES Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas. Councilmembers Fox Gilliam, Moylan, Popp le, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LV 482 RESOLUTION ACCEPTING CERTAIN REAL PROPERTY FOR PARK PURPOSES WHEREAS, Valley Creek of Elgin, Inc. has agreed to dedicate certain real property for park purposes to the City of Elgin; and WHEREAS, the addition of said property to the public property owned by the City of Elgin will benefit the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the quitclaim deed of Valley Creek of Elgin, Inc. to the City of Elgin of the property legally described as follows: Lot 302 of Valley Creek Unit No. 9 and Lot 695 of Valley Creek Unit No. 12, in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to record the quitclaim deed herein described in the office of the Recorder of Deeds for the County of Kane. Presented: August 22, 1990 Adopted: August 22, 1990 j Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZING rim, Sou s/ George VanDeVoorde George VanDeVoorde, Mayor 14t•17p. NT Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas. Councilmembers Fox Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH ROTH SURGICAL SUPPLY (269 South Grove Avenue) VOLUME LV BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute a written lease agreement with Roth Surgical Supply for the premises commonly known as 269 South Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clark ORDINANCE PASSED CATING THE COST OF CERTAIN SANITARY S. IMPROVEMENTS TO BENEFITTED PROPERTIES Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to pass the aforementioned Ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. } VOLUME L`J Ordinance No. T2 -90 AN ORDINANCE ALLOCATING THE COST OF CERTAIN SANITARY SEINER IMPROVEMENTS TO BENEFITTED PROPERTIES WHEREAS, Apostolic Christian Resthaven extended a sanitary sewer and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of said sanitary sewer makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, it is fair and equitable to require reimbursement to Apostolic Christian Resthaven for a portion of the cost of said sanitary sewer which benefits such properties; and WHEREAS, the additional cost of extending the sanitary sewer to serve the properties benefitted amounts to $57,588; and WHEREAS, the City Engineer has determined that the sanitary sewer installation heretofore described will benefit all parcels of land with a total of 45 acres more or less; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, sanitary sewer service is a function pertaining to the government and affairs of the City of Elgin; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described sanitary sewer improvements to properties benefitted by the availability of such facilities should be computed at the rate of $1,279.73 per acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That no territory described in Exhibit A, attached hereto and made a part hereof, shall be permitted to connect or otherwise use the sanitary sewer described herein until such time as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of said improvement as set forth as $1,279.73 per acref or portion thereof. Section 2. That any property held in common ownership with other property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 3. That any person desiring to hook on may pay the amount allocated without interest if payment is made prior to October 15, 1990. If full payment is not made prior to October 15, 1990 then payment shall be made in full plus interest at the rate of nine (9 %) percent per annum accruing from and after the date of passage of this ordinance until the date of payment. EM VOLUME LV Section 4. That any amounts received by the City Treasurer pursuant to this ordinance shall be paid to Apostolic Christian Resthaven or their successors or assigns, as reimbursement for the cost and expense of extending the sanitary sewer described above. Section 5. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds, Kane County, Illinois. Section 6. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Presented: August 22, 1990 Passed: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Dolonno Mecum Dolonno Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor Exhibit A All lots in Highland Glen Subdivision, Unit No. 1 and Highland Glen Subdivision, Unit No. 2; also Lots 10, 11, 12, 13, 14, 15 and 16 of West Highland Acres, Unit No. 2, all located within Elgin Township, Kane County, Illinois. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A TRAINING SITE tM20J7 [0171 Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas. Councilmembers Fox Gilliam, Moylan, Popp le, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ��1 VOLUME LV 486 RESOLUTION AUTHORIZING EXECUTION OF A TRAINING SITE AGREEMENT WITH THE PRIVATE INDUSTRY COUNCIL OF NORTHERN COOK COUNTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ross Ricks, Parks Director, be and is hereby authorized and directed to execute training site agreements on behalf of the City of Elgin with the Private Industry Council of Northern Cook County for an employment and training program for the homeless in substantially the form as attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Adopted: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: [attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ANNOUNCEMENTS Mayor VanDeVoorde made announcements relative to forthcoming meetings, including a special Committee of the Whole meeting to be held August 29, 1990, at 6:30 p.m. in the Council Conference Room for presentation of the transporation study by Donahue and Associates, Inc. 9 :!1r1i1419 Iv_1 1m Councilman Gilliam made a motion, seconded by Councilman Walters, to adjourn the Council Meeting and return to the Committee of the Whole meeting. Yeas: Councilmembers Fox, Gilliam, Movlan, Popple, Walters, Yearman, and Mayor VanD Vo rde. Nays: None. Meeting adjourned at 9:35 p.m. 1 Dolonna Mecum, City Clerk