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HomeMy WebLinkAbout91-2VOLUME LVI FEBRUARY 13, 1991 56 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on February 13, 1991, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:10 p.m. The Invocation was given by Deacon Robert Real, and the Pledge of Allegiance was led by Councilwoman PoDvle. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam„ Moylan, Popple, Walters,.Yearman, and Mayor VanDeVoorde. Absent: None. Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the January 23, 1991 Council Minutes as published. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS RECOGNITION FOR AWARD OF HISTORIC BUILDING PLAQUES Marianne Gilliam and Barbara Evans,representing the Elgin Heritage Commission, presented building plaque certificates to the following: Daniel and Shelly Leonard, 238 McClure Street Mary M. Hill, 489 Mary Place Ms. Reggie Stephens, 254 Villa Street Church and Michelle Gessert, 403 Division Street James McGough, 425 Park Street David and Bonnie Fritz, 54-56 North Liberty Nancy and Mark McLeod, 163 Hill Street Ms. Laura Heitman, 950 West Highland Avenue Ms. Theresa Koko, 326 East Chicago Avenue City of Elgin, Fire Station #5, 533 St. Charles Street. Marjorie S. Vierling, 418-420 Mountain Street Kevin and Felicia Cawley, 115 Hill Street Janice Cox, 312 Vincent Thomas Sandor and Vicki Gorbett, 619 Center Street Karen Fox, Franklin School, 37 South Geneva The Mayor and Council expressed their appreciation to the aforementioned individuals for helping to restore pride in the 57 VOLUME LVI ' older communities in the City and to the Heritage Commission for all the work they continually do in helping preserve our community. BID AWARDED FOR POLICE DEPARTMENT VEHICLES Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to award the contract for ten 1991 Chevrolet Caprice sedans to Biggers Chevrolet for $145,400, and to award the contract for two 1991 Dodge Diplomat police administrative sedans to Schaumburg Dodge for $23,588. Yeas; Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR WATER DEPARTMENT VAN TRUCK Councilman Fox made a motion, seconded by Councilman Gilliam, to award this contract to the low bidder, Schaumburg Dodge, for a total amount of $11,509. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR REFRIGERATORS FOR ELGIN HOUSING AUTHORITY Councilman Gilliam made a motion, seconded by Councilwoman Yearman, to award the contract for 150 GE Hotpoint refrigerators to the overall low bidder, GE Appliances, for a total amount of $47,541. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR GOLF MAINTENANCE EQUIPMENT Councilman Fox made a motion, seconded by Councilman Gilliam, to award this contract to the overall, low bidder, Illinois Lawn Equipment, for a total amount of $9,997. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR SOFTBALL COMPLEX ENTRY SIGN Councilwoman Moylan made a motion, seconded by Councilman Walters, to award the contract for Option A to Schroeder Sign, Inc. in the amount of $10,940. Yeas; Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR ENGINEERING BUILDING REMODELING Councilman Gilliam made a motion, seconded by Councilwoman Yearman, to award this contract to Sinnett Builders, Inc. in the amount of $44,060. Yeas Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI m Councilman Gilliam made a motion, seconded by Councilwoman Moylan, to approve Petition 9-91. Councilman Walters made a motion, seconded by Councilman Gilliam, to table consideration of Petition 9-91. Yeas: Council.members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ORDINANCE PROVIDING FOR PARKWAY OR TREE BANK RESTORATION - Councilman Gilliam made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Counciimembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. T1-91 AN ORDINANCE PROVIDING FOR THE TRANSFER OF MONEY FROM THE WORKING CASH FUND TO THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, moneys are required to meet the ordinary and necessary disbursement for salaries and other corporate purposes payable from the Illinois Municipal Retirement Fund; and WHEREAS, it is desirable that there be transferred from the Working Cash Fund to the Illinois Municipal Retirement Fund the sum of Five Hundred Thousand Dollars ($500,000.00). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following items are hereby set forth and determined to be correct: a. It is proposed to transfer from the Working Cash Fund the sum of $500,000.00 to the Illinois Municipal Retirement Fund in anticipation of the collection of the Illinois Municipal Retirement Tax for the year 1990, in the total amount of $1,383,838.00. 59 VOLUME LVI b. The total amount of taxes extended (or to be extended) for the year 1990 by the County Clerks of Kane and Cook Counties for all purposes is $12,651,499.00. The total amount of such taxes extended (or to be extended) as an Illinois Municipal Retirement Tax, in anticipation of which such transfer is to be made is. $1,383,838.00. C. The aggregate amount of warrants heretofore issued in anticipation of the collection of all corporate taxes levied for the year 1990: None. The aggregate amount of warrants issued heretofore in anticipation of the collection of Illinois Municipal Retirement Tax for the year 1990 None. d. The aggregate amount of money heretofore authorized to be transferred from the Working Cash Fund for all corporate purposes in anticipation of the collection of all corporate taxes for the year 1990: None. The aggregate amount of money heretofore transferred from the Working Cash Fund in anticipation of the collection of the Illinois Municipal Retirement Tax for the year 1990: None. Section 2. That the City Treasurer be and he is hereby directed to transfer in anticipation of the collection of the Illinois Municipal Retirement Tax for the year 1990 from the Working Cash Fund to the Illinois Municipal Retirement Fund the sum of $500,000.00 to meet the ordinary and necessary disbursements for salaries and other corporate purposes payable from such fund, provided that the total amount of warrants heretofore issued against such Illinois Municipal Retirement Tax shall not exceed ninety percent of the actual or estimated taxes extended or to be extended for such Illinois Municipal Retirement Tax. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI TITLE 19 OF THE ELGIN Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G12-91 AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to comply with the provisions of the Federal Fair Housing Amendments Act of 1988 and the Community Residence Location Planning Act; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.04 of Title 19 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: 19.04.167.5 Community residence. "Community residence" means a group home or specialized residential care home serving unrelated persons with disabilities which is licensed,' certified or accredited by appropriate local, state or national bodies. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse, or persons whose primary reason for placement is treatment of a communicable disease. Community residences shall be separated by 61 VOLUME LVI a minimum distance of 1200 feet measured lot line to lot line. 19.04.208 Disability. "Disability" means any person whose disability is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments; is likely to continue for a significant amount of time or indefinitely; results in functional limitations in three or more of the following areas of life activities: self -care, receptive or expressive language, learning, mobility, self -direction, capacity for independent living, economic self-sufficiency; and reflects the persons need for a combination and sequence of a special interdisciplinary or generic care, treatment or other services which are of a life-long or extended duration. 19.04.256 Family community residence. "Family community residence" means a single dwelling unit occupied on a relatively permanent basis in a family -like environment by a group of no more than eight (8) unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. 19.04.318 Group community residence. "Group community residence" means a single dwelling unit occupied on a relatively permanent basis in a family -like environment by a group of nine to fifteen (15) unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. Section 2. That Section 19.04.245 of Chapter 19.04 of the Elgin Municipal Code, 1976, as amended, be amended to read as follows: 19.04.245 Dwelling unit. VOLUME LVI 62 "Dwelling unit" means one or more rooms which are arranged, designed, or used as living quarters for a family, or for a community residence as a single house -keeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas. Section 3. That Section 19.12.010 of Chapter 19.12 of the Elgin Municipal Code, 1976, as amended, be amended to read as follows: 19.12.010 Permitted uses. In the R-1 district, permitted uses are as follows: A. Single-family detached dwellings; B. Contractor's office and equipment areas, expressly subject to the provisions of section 19.04.173; C. Development sales offices, expressly subject to the provisions of Section 19.04.207; D. Garage sales, expressly subject to the provisions of Section 19.04.305 and 19.10.020; E. Home day care service; F. Parks and playgrounds, publicly owned and operated; G. Public facilities, fire stations, police stations, water filtration plants, pumping stations, and reservoirs; H. Schools, nonboarding, elementary, junior high, high; I. Signs, as otherwise provided in this tittle; J. Family community residences to a maximum of eight residents; K. Accessory uses to the above permitted uses, including, but not limited to, off-street parking and off-street loading. Section 4. That Section 19.12.020 of Chapter 19..12 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: R. Group community residences. S 63 VOLUME LVI S. Family community residences that fail to meet all requirements for a certificate of occupancy, excluding family community residences or operators denied a required local or state license, and family community residences where there is no state or local licensing or certification program for, the proposed community residence or operator. T. Group community residences that fail to meet all requirements for a certificate of occupancy, excluding community residences or operators denied a required local or state license, and group community residences where there is no state or local licensing or certification program for the proposed community residence or operator. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect after its passage in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoode. Nays: None. VOLUME LVI m ILLINOIS MUNICIPAL RETIREMENT FUND 100 South Wacker Drive Chicago, lllinois'60606 SUGGESTED FORM OF RESOLUTION TO ALLOW CREDITABLE SERVICE FOR MILITARY LEAVE (See Instructions on Reverse Side) RESOLUTION Number_ WHEREAS, Article 7 of the Illinois Pension Code (Illinois Revised Statutes, Chap.108%, Sec. 7-139) provides that the governing body of a governmental unit may elect to allow creditable service in the Illinois Municipal Retirement Fund to members who leave IMRF employment to serve in the armed forces of the United States for all periods of such service, and WHEREAS, such allowance of creditable service applies to members who return to active employment under IMRF Within 90 days after separation from the armed forces of the United States and WHEREAS, no creditable service can be allowed for any period used in the computation of a pension for service in any branch of the armed forces of the United States; RESOLVED, that the Elgin City Council Govemina Body .... of the City of Elgin Governmental Unit elects to allow creditable service to members who have left or leave their employment to serve in the armed forces of the United States for long periods of service, provided such member returned to active employment and participation in the Illinois Municipal Retirement Fund within 90 days after release from service; FURTHER RESOLVED, that the City Clerk s*hall bedirected Clerk or Secretary to file a certified copy of this resolution with the Board of Trustees of the Illinois Municipal Retirement Fund and that this resolution shallremain in full force and effect until modified or rescinded and notice of such modification or rescission has has been filed with the Board of Trustees of the Illinois Municipal Retirement Fund. CERTIFICATION 1, Loni Mecum the City Clerk of the Name Clark or Secretary City of Elgin of the County of Kane • Govemmenul Unit County '- ry State of Illinois, do hereby certify that 1 am the keeper of the books and records of the aforesaid governmental unit and that the foregoing is a true and correct copy of a resolution duly adopted by_ the Elgin City Council Governing Body of said governmental unit at a meeting duly convened and held on the— day of , 19_. -� Clerk. or Secretary 7 SEAL 65 VOLUME LVI ORDINANCE 1 Councilwoman Popple made a motion, seconded by Councilman Fox, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G13-91. AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, written application has been made to amend the provisions of the zoning ordinance concerning community graphics; and WHEREAS, the Elgin Planning Committee held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs :in the findings and recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.04.565 of Chapter 19.04 of the Elgin Municipal Code, 1976, as amended, be and is hereby deleted. Section 2. That Chapter 19.45 of Title 19 of the Elgin Municipal Code, 1976, as amended, be amended to read as follows: VOLUME LVI 66 Chapter 19.45 COMMUNITY GRAPHICS Sections 19.45.010 Purposes 19.45.020 Applicability - Effect 19.45.030 Definitions and Interpretation 19.45.040 Computations 19.45.050 Signs Allowed on Private Property With & Without Permits 19.45.060 Permits Required 19.45.070 Design, Construction, and Maintenance 19.45.080 Master or Common Signage Plan 19.45.090 Signs in the Public Right -of -Way 19.45.100 Signs Exempt from Regulation Under This Ordinance 19.45.110 Signs Prohibited Under This Ordinance 19.45.120 General Permit Procedures 19.45.130 Permits to Construct or Modify Signs 19.45.140 Temporary Sign Permits 19.45.150 Nonconforming Graphics - Restrictions 19.45.160 Violations 19.45.170 Enforcement and Remedies 19.45.180 Variations 67 VOLUME LVI 19.45.010 Purposes The purposes of these sign regulations are: to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. This sign ordinance is adopted under the zoning authority of the city in furtherance of the more general purposes set forth in the zoning ordinance. 19.45.020 Applicability -Effect A sign may be erected, placed established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance. The effect of this ordinance as more specifically set forth herein, is: A. To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this ordinance; B. To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this ordinance, but without a requirement for permits; C. To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way; D. To prohibit all signs not expressly- permitted by this ordinance; and E. To provide for the enforcement of the provisions of this ordinance. 19.45.030 Definitions and Interpretation Words and phrases used in this ordinance shall have the meanings :set forth in this section. Words and phrases not defined in this section but defined in the zoning ordinance of the city shall be given the meanings set forth in such ordinance. Principles for computing sign area and sign height are contained in the Section 19.45.040. All other words and VOLUME LVI M. phrases shall be given their common, ordinary meaning (as defined in Webster's Dictionary), unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this ordinance. 1. Animated Sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene. 2. Banner. Any sign of lightweight fabric or similar material that is temporarily mounted to a pole or a building. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. 3. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. 4. Building Marker. Any sign dictating the name of a:. building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material. 5. Building Sign. Any sign attached to any part of a building, as contrasted to a freestanding sign. 6. Canopy Sign. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. 7. Changeable Copy Sign. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance. 8. Commercial Message. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. VOLUME LVI 9. Construction Project Sign. A sign which identifies the name of the project under construction on the property where the sign is located. 10. Contractor Sign. A sign which names the contractor or contractors engaged in construction on the property where the sign is located. 11. Development Identification Sign.. A permanent sign located at the major entrance or entrances that identifies the name of a residential or industrial subdivision or planned unit development. 12. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity; mounted on a pole. 13. Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. 14. Historic Marker. Any sign dictating historical information about the property on which it is located and awarded by a federal, state, or local government agency. 15. Incidental Sign. A sign, generally informational, that has a purpose secondary to use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives. 16. Marquee Sign. Any sign attached to, in any manner, or made a part of a marquee. 17. Nonconforming Sign. Any sign that does not conform to the requirements of this ordinance. 18. Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. 19. Permit Control Officer. The employee of the city responsible for the issuance of permits for signs located on private property, or his or her designee. 20. Person. Any association, company, corporation, firm,.organization, or partnership, singular or plural, of any kind. 21. Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign VOLUME LVI 70 designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames, menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. 22. Principal Building. The building with which is conducted the principal use or uses of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings. 23. Projecting Sign. Any sign affixed to a building or wall in such a manner that the sign is either not installed parallel to the building or wall, or its leading edge extends more than nine inches beyond the surface of such building or wall. 24. Real Estate Sign. A sign which advertises the sale or rental of the real estate upon which the sign is located. 25. Residential Sign. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance. 26. Roof Sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and/or extending vertically above the highest portion of the roof. 27. Roof Sign, Integral. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof. 28. Setback. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line. 29. Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. 71 VOLUME LVI , 30. Street. A strip of land or right-of-way subject to vehicular and/or pedestrian traffic that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares. 31. Street Frontage. The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the farthest distant lot line intersecting the same street. 32. Suspended Sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. 33. Temporary Sign. Any sign that is used only temporarily and is not permanently mounted. 34. Wall Sign. Any sign attached parallel to, but with the sign face within nine inches of a wall and erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. 35. Window Sign. Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sake, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. 36. Zone: Lot. A parcel of land in single ownership or unified control that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations. 19.45.40 Computations. The following principles shall control the computation of sign area and sign height. A. Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance VOLUME LVI 72 regulations and is clearly incidental to the display itself. B. Computation of Area of Multifaced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back and parallel, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart (as measured from the farthest projections), the sign area shall be computed by the measurement of one of the faces. C. Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower. D. Computation of Maximum Total Permitted Sign Area for a Zone Lot. The permitted sum of the area of all individual signs on a zone lot shall be computed by applying the formulas contained in Tables B and C, to the lot frontage, wall area or building frontage, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building or wall area frontage on that street. 19.45.050. Signs Allowed on Private Property With and Without Permits. Signs shall be allowed on private property in the city in accordance with, and only in accordance with, Table A. If the letter "P" appears for a sign type in a column, such sign is allowed with a no fee sign permit in the zoning districts represented by that column. If the letter "S" appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special 73 VOLUME LVI conditions may apply in some cases. If the letter "N" appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances. Although permitted under the previous paragraph, a sign designated by an "S" or "P" in Table A shall be allowed only if: A. The sum of the area of all building and freestanding signs on the zone lot conforms with the maximum permitted sign area as determined by the formula for the zoning district in which the lot is located as specified in Tables B and C; B. The size, location, and number of signs on the lot conform with the requirements of Tables B and C, which establish permitted sign dimensions by sign type, and with any additional limitations listed in Table A. All signs must be located on a zone lot improved with an occupied principal building; and C. The characteristics of the sign conform with the limitations of Table D, Permitted Sign Characteristics, and with any additional limitations on characteristics listed in Table A. 19.45.060 Permits Required If a sign requiring a permit under the provision of this ordinance is to be placed, constructed, erected, repaired or modified on a zone lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of Section 19.45.130. No signs shall be erected in the public right-of-way except in accordance with Section 19.45.090(B). No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this ordinance (including those protecting existing signs) in every respect and with the Master Signage Plan or Common Signage Plan in effect for the property. 19.45.070 Design, Construction, and Maintenance All signs shall be designed, constructed, and maintained in accordance with the following standards: A. All signs shall comply with applicable provisions of the Uniform Building Code and the electrical code of the city at all times; VOLUME LVI W,I B. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this ordinance, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure; and C. All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times. 19.45.080 Master or Common Signage Plan No permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plan or a Common Signage Plan for the zone lot on which the sign shall be erected has been submitted to the Permit Control Officer and approved as conforming with this section. A. Master Signage Plan. For any zone lot on which the owner proposes to erect one or more signs requiring a permit, unless such zone lot is included in a Common Signage Plan, the owner shall submit to the Permit Control Officer a Master Signage Plan containing the following: 1. An as -built plat of survey of the zone lot, at such scale as the Permit Control Officer may reasonably require; 2. Location and dimensions of buildings, parking lots, driveways, and landscaped areas on such zone lot; 3. Computation of the maximum total sign area,, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the zone lot(s) included in the plan under this ordinance; and 4. An accurate indication on the plat of survey of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown. B. Common Signage Plan. If the owners of two or more contiguous (disregarding intervening streets and alleys) zone lots or the owner of a single lot with more than one building (not including any accessory building) file with the Permit Control Officer for such zone lots a Common Signage Plan conforming with the provisions of this section, a 25 percent 75 VOLUME LVI increase in the maximum total sign area shall be allowed for each ,included zone lot subject to all other applicable provisions of this ordinance. C. Provisions of Common Signage .Plan. The Common Signage Plan shall contain all of the information required for a Master Signage Plan and shall also Specify standards for consistency among all signs on the zone lots affected by the Plan with regard to: 1. Color scheme; 2. Lettering or graphic style; 3. Lighting; 4. Location of each sign on the buildings and property; 5. Material; and 6. Sign proportions. D. Showing Window Signs on Common or Master Signage Plan. A Common Signage Plan or Master Signage Plan including window signs may simply indicate the areas of the windows to be covered by window signs, the maximum sign area allowed and the general type of the window signs (e.g. paper affixed to window, painted, etched on glass, or some other material hung inside window) and need not specify the exact dimension or nature of every window sign. E. Limit on Number of Freestanding Signs Under Common Signage Plan. The Common Signage Plan, for all zone lots with multiple uses or multiple users, shall limit the number of freestanding signs to a total of one for each street on which the zone lots included in the plan have frontage and shall provide for shared or common usage of such signs. F. Other Provisions of Master or Common Signage Plans. The Master or Common Signage Plan may contain such other restrictions as the owners of the zone lots may reasonably determine. G. Consent. The Master or Common Signage Plan shall be signed by all owners or their authorized agents in such form as the Permit Control Officer shall require. H. Procedures. A Master or Common Signage Plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the city for the proposed development VOLUME LVI 76 and shall be processed simultaneously with such other plan. I. Amendment. A Master or Common Signage Plan may be amended by filing a new Master or Common Signage Plan that conforms with all requirements of the ordinance then in effect. J. Existing Signs Not Conforming to Common Signage Plan. If any new or amended Common Signage Plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within three years, all. signs not conforming to the proposed amended plan or to the requirements of this ordinance in effect on the date of submission. K. Binding Effect. After approval of a Master or Common Signage Plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this ordinance. In case of any conflict between the provisions of such a plan and any other provision of this ordinance, the ordinance shall control. 19.45.090 Signs in the Public Right -of -Way A. No person shall paint, mark or write on or post or otherwise affix any handbill or sign to or upon any public place or right-of-way including, but not limited to, any sidewalk, crosswalk„ curb, curbstone, street lamppost, hydrant, tree, shrub, railroad trestle, utility pole or wire appurtenance thereof, any fixture of a fire, alarm, public bridge, drinking fountain or such sign permitted pursuant to subsection B of this section. B. Nothing in this section shall apply to the installation and maintenance of the following: street and traffic signs installed by or at the direction of a public body; public information signs installed by or at the direction of a public body; road or utility construction signs; signs or banners on a permanent or temporary basis approved by the City Council of the city commemorating an historical, cultural or artistic event; the painting of house numbers on curbs in accordance with the provisions of this code. C. Any handbill or sign found posted, or otherwise affixed upon any public property contrary to the provisions of this section may be removed by the Department of Public Works. The person responsible for any such illegal posting shall be liable for the cost 77 VOLUME LVI incurred in the removal thereof and the Department of Public Works is authorized to effect the collection of the cost. Such costs shall be in addition to any fine or penalty authorized by law. 19.45.100. Signs Exempt from Regulation Under This Ordinance. The following signs shall be exempt from regulation under this ordinance: Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance; Any sign located inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the zone lot or parcel on which such sign is located; Construction project signs erected not more than 30 days prior to the start of construction and removed within 30 days after issuance of the final occupancy permit. Said signs shall not exceed 144 square feet; Contractor signs erected at the start of construction and removed at the time of issuance of the final occupancy permit. Said signs shall not exceed 32 square feet; Garage sale signs not exceeding six square feet and located on the property on which the garage sale is conducted; Historic markers; Holiday lights and decorations with no commercial message, but only between November 15 and January 15; Political campaign signs announcing candidates seeking public political office and/or political and public issues contained on a ballot, and data pertinent thereto, up to an area of thirty-two square feet, and not exceeding a height of ten feet. Such signs shall not be displayed earlier than sixty days before an election and shall be removed within sevendays after an election; Rea]: estate signs on vacant or improved property. Said signs shall not exceed six square feet on property less than one acre, not to exceed 32 square feet on property containing one to five acres, and not to exceed 80 square feet on property containing more than five acres. Real estate signs may remain in place while the property is for sale or rent, and for VOLUME LVI WJ a period not to exceed one week after the consummation of the sale or rental of the property. No more than one real estate sign shall be allowed per street front exposure; Traffic control signs on private property, such as Stop, Yield, and similar signs, the face of which meet standards contained in the most recent edition of the Manual of Traffic Control Devices and which contain no commercial message of any sort. 19.45.110 Signs Prohibited Under this Ordinance. All signs not expressly permitted under this ordinance or exempt from regulation hereunder in accordance with the previous section are prohibited in the city. Such signs include, but are not limited to: Beacons; Pennants; Projecting signs; Roof signs not meeting the definition of an .integral roof sign; Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; and Inflatable signs and tethered balloons. 19.45.120 General Permit Procedures The following procedures shall govern the application for, and issuance of, all sign permits under this ordinance, and the submission and review of Common Signage Plans and Master Signage Plans. A. Applications. All applications for sign permits of any kind and for approval of a Master or Common Signage Plan shall be submitted to the Permit Control Officer on an application form or in accordance with application specifications published by the Permit Control Officer. B. Fees. Each application for a sign permit or for approval of a Master or Common Signage Plan shall be accompanied by the applicable fees, which shall be established by the governing body of the city from time to time by resolution. C. Completeness. After receipt of an application for a sign permit or for a Common or Master Signage 79 VOLUME LVI Plan, the Permit Control Officer shall cause the application to be reviewed for completeness. If the application is complete, the application shall then be processed. If the application is incomplete, the Permit Control Officer shall send to the applicant a notice of the specific ways in which the application is deficient,with appropriate references to the applicable sections of this ordinance. D. Action on Sign Permit, After the submission of a complete application for a sign permit, the Permit Control Officer shall either: Issue the sign permit, if the sign that is the subject of the application conforms in every respect with the requirements of this ordinance and of the applicable Master or Common Signage Plan; or Reject the sign permit if the sign that is the subject of the application fails in any way to conform with the requirements of this ordinance and/or the applicable Master or Common Signage Plan. In case of a rejection, the Permit Control Officer shall specify in the rejection the section or sections of the ordinance or applicable plan with which the sign is inconsistent. E. Action on Master or Common Signage Plan. On any application for approval of a Master Signage Plan or Common Signage Plan, the Permit Control Officer shall cause action on the applicable one of the following dates: Ten working days after the submission of a complete application if the application is for signs for existing buildings; or On the date of final action on any related application for building permit, site plan, or development plan for signs involving new construction. Within a :reasonable time period, the Permit Control Officer shall either: Approve the proposed plan if the sign as shown on the plan and the plan itself conforms in every respect with the requirements of this ordinance; or Reject the proposed plan if the sign as shown on the plan or the plan itself fails in any way to conform with the requirements of this ordinance. In case of a rejection, the Permit Control Officer shall specify in the rejections the section or sections of the ordinance with which the plan is inconsistent. VOLUME LVI MR 19.45.130. Permits to Construct or Modify Signs Signs identified as "P" or "S" on Table A shall be installed only in accordance with a duly issued and valid sign construction permit from the Permit Control Officer. Such permits shall be issued only in accordance with the following requirements and procedures. A. Permit for New Sign or for 'Sign Modification. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on a Master Signage Plan or Common Signage Plan then in effect for the zone lot. One application and permit may include multiple signs on the same zone lot. B. Inspection. The Permit Control Officer shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign is issued during the six month period after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void unless the owner has requested and is granted an extension. If the construction is complete and in full compliance with this ordinance and with the building and electrical codes, the Permit Control Officer shall cause to be affixed to the premises a permanent symbol identifying the sign and the applicable permit by a number or other reference. If the construction is substantially complete but not in full compliance with this ordinance and applicable codes, the Permit Control Officer shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Permit Control Officer shall cause to be affixed to the premises the permanent symbol described above. 19.45.140 Temporary Sign Permits (Private Property) A temporary sign on private property shall be allowed only upon the issuance of a Temporary Sign Permit, which shall be subject to the following requirements. A. Term. A temporary sign permit shall allow the use of a temporary sign for a specified 30-day period. 81 VOLUME LVI B. Number. Only one temporary sign permit shall be issued for the same zone lot in any calendar year. C. Other Conditions. A temporary sign shall be allowed only in districts with a letter "S" for "Temporary Signs" on Table A and subject to all of the requirements for temporary signs as noted herein. 19.45.150 Nonconforming Graphics - Restrictions. Graphics existing on the effective date of this ordinance and not conforming to the provisions of this chapter, but which were constructed in compliance with previous regulations and ordinances shall be regarded as lawful nonconforming graphics. A lawful nonconforming graphic (sign) shall not be: A. Changed to another nonconforming sign; B. Structurally altered so as to prolong the life of the sign; C. Expanded; D. Reestablished after its discontinuation for thirty days; E. Moved in whole or in part to another location unless said sign, and the use thereof, is made to conform to all the regulations of this chapter. F. Reestablished after damage or destruction in an amount exceeding fifty percent of the estimated initial value of the sign, as determined by the enforcement official. 19.45.160 Violations Any of the following shall be a violation of this ordinance and shall be subject to the enforcement remedies and penalties provided by this ordinance, by the zoning ordinance, and by state law: A. To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located; B. To install, create, erect, or maintain any sign requiring a permit with out such a permit; C. To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit VOLUME LVI 82 governing such sign or the zone lot on which sign is located; D. To fail to remove any sign that is installed, created, erected, or maintained in violation of this ordinance, or for which the sign permit has lapsed; or E. To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinance. Each sign installed created, erected, or maintained in violation of this ordinance shall be considered a separate violation when applying the penalty portions of this ordinance. 19.45.170 Enforcement and Remedies Any violation or attempted violation of this ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this ordinance shall be considered a violation of the zoning ordinance of the city. The remedies of the city shall include the following: A. Issuing a stop -work order for any and all work on any signs on the same zone lot; B. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign or the correction of the nonconformity; C. Imposing any penalties that can be imposed directly by the city under the zoning ordinance; D. Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance; and E. In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the city under the applicable provisions of the zoning ordinance and building code for such circumstances. F. The city shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the zoning ordinance. All such remedies provided herein shall be cumulative. To the extend that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain rw VOLUME LVI available for other violations or other parts of the same violation. 19.45.180 VARIATIONS A. Purpose of Provisions. The purpose of this section is to provide a means to vary the provisions of this chapter in harmony with its general purpose and intent. The authority to grant a variation of the provisions of this chapter shall only be exercised when it is demonstrated that there are extraordinary or exceptional conditions, difficulties, or hardships associated with the strict application of the requirements of this chapter. Any variation granted shall be the minimum adjustment necessary to allow the reasonable installation of the signage. Variations shall be granted only in the specific instances set forth in this chapter. B. Authority. Variations from the requirements of this chapter may be decided by the city council. No variations shall be granted unless a public hearing has been held by the land use committee and said committee has submitted its written findings and recommendations to the city council. C. Limits. Variations may be granted by the city council within the following limits: 1. Area. Signs which would be nonconforming by virtue of having an area in excess of the maximum set forth in this chapter in an amount not to exceed twenty-five percent of the allowable sign surface area. 2. Height. Signs which would be nonconforming by virtue of having a height in excess of the maximum set forth in this chapter in an amount not to exceed ten feet above the allowable height. D. Standards. The city council shall not vary the provisions of this chapter unless it has made favorable findings based on evidence presented at a public hearing regarding each of the following standards: 1. There are unique physical surroundings, shape, or topographical conditions of the specific property which bring a particular hardship on the owner or tenant; 2. No other reasonable alternatives exist which would conform to this chapter; VOLUME LVI M 3. The purpose of the variation is not based exclusively on a desire to install a larger or taller sign; 4. The sign is so designed and located so that it will be compatible with, and not obstruct the significant architectural features of a designated landmark or property located within a designated historic district pursuant to a historic preservation plan, and pursuant to Title 20 of this code, as applicable. W VOLUME LVI KEY TO TABLES A THROUGH D On the tables in this sign ordinance, which are organized by zoning district, the headings have the following meanings: R-1 Single Family Residence District R-2 Single Family Residence District R-3 Two Family Residence District R-4 General Residence District INS Institutional Uses in Residence Districts ACR Administrative, Cultural and Recreational District O Limited Office District B-1 Community Business District B-2 Central Business District B-3 Service Business District B-4 General Business District M-1 Limited Manufacturing District M-2 General Manufacturing District VOLUME LVI 86 TABLE A PERMITTED SIGNS BY TYPE AND ZONING DISTRICT a SIGN TYPES -11 2-2 R=3 R`4 INS ACR O 8_1 B-2 B_3 8—/1'MMl M=2 PR�EFSTANDING Residential S S S S S N N N N N N N N Other c N N S S S S S S S S S S incidental N N N P P P P P P P P P P BUILDING Banner e N N N N Sh Sh Sh S h S h Sh Sty s h S h Bldg. Marker P P P P P P P P P P P P P Canopy dN N N S' S S N S S S S S S Identification P P P P P P P P P P P P P Incidental N N N N P P P P P P P P P Marquee N N N N N S N N N S S N N Residential N N N S N N N N N N N N N Roof integral N N N N N N N S S S S N N Suspended f N N N N N' N N P P P P N N Temporary N N N N S S S S S S S N N Wall N N N N S S S S S S S S S Window N N N N P P P P P P P N N MISCELLANEOUS Flag 8 P P P P P P P P P P h Ph P P Portable N N N N S N N N. N S S N N P w Allowed with a no fee sign permit S = Allowed with a sign permit and fee N - Not allowed a. This column does not represent •a zoning district. It applies to institutionsl uses located in residential zoning districts. Such uses may include, but are not limited to, museums, churches, cemeteries, community service facilities, schools, parks, recreational buildings and community centers, libraries, hospitals and santariums, nursing homes and retirement centers and day care centers. b. No commercial message allowed on' sign, except for a commercial message drawing attention to an activity legally offered on the premises. c. No commercial message of any kind allowed on sign. d. Only address and name of occupant allowed on sign. Is. May include only formal building name, date of construction, or historical data on historic site issued by a recognized federal, state or local historic agency. [Z VOLUME LVI f. The conditions of Section 19.45.140 of this ordinance apply. Flags containing symbols or crests of nations, the state, the city; or any organization of nations, states and cities; or fraternal, religious and fraternal organizations containing no advertizing material or message. Flags shall not exceed 60 square feet in area and shall not be mounted on a pole more than 30 feet in height in residence: districts, or 40 feet in height in all other districts. *, Permitted on the same terms as a temporary sign, in accordance with Section 2.9.45.140, except it may be freestanding. MR VOLUME LVI TABLE B NUMBER, DIMENSIONSBY AND DISTRICTOF * NDIVIDUAL SIGNS a INS SIGN TY_ P.ES RR-1 R_2 R=3 R=4 ACR 0 9--1 8_2 B=3 8_�l Mil M_. c FREESTANDING_____ Area (sq:ft.) 6 b 6 6 60 40 40 80 80 80 80 80 80 lob Sob lob 22b 22b 22b 22b 22b 22b Height (ft.) 5 5 5 5 d 5 5 5 5 Equal to Required Building or Park - Setback (ft.)ing Setback Line or 25 Feet, Which- ever is less. Permitted 1 1 1 1 NA NA NA NA NA NA NA NA NA No. Per Zone Lot No. Permitted NA Per Feet of St. Frontage BUILDING c Area (Sq.Ft.) 2 NA NA NA One Per 300 Feet of Street Frontage a of 2 2 6 B0 BO 40 The total any building rsign orface esigns shall not exceed three times the lineal footage of the building face or tenant spaces on which the sign or signs shall be maintained nor the follow- ing maximum area require- ments, whichever is less: a. 80 sq.ft., when setback is less than 100 feet; b. 120 sq. ft:., where the bldg. is setback from 100 to 200 feet; c. 240 sq. ft., where the bldg. is setback from 200 to 400 feet; or d. 480 sq. f bldg. issetback rover e 400 feet. m VOLUME LVI NUMBER AND DIMENSIONS OF CERE C TAZNLINDIVIDUAL SIGNS BY SIGN TYPE en sign shall exceed any applicable maximum numbers or dimensions, or encroach on any applicable minimum clearance shown on this table in accordance with Section'19.45.100. except VERTICAL CLEARANCE From Maximum Sign Sidewalk or From Number Allowed private Private Area Drive Street FREE�ANDING Residential See Table B. B. See Table B. NA Other, and See Table B Incidental See Table B. NA NA NA BUILDING Banner NA Bldg. Marker 1 per bldg. 4 s NA 9 feet Canopy q. feet NA 17'feet 1 per bldg. 259 of vertical 9 feet NA Per bldg. Identification canopyA Asurface 17 feet Incidental 1 g. Marquee N`n' NA NA NA Residential 1 Per bldg. NA NA NA Roof Integral 31 per zone lot NA 9 feet 17 feet Suspended per Principal Bldg NA NA NA Temporary 1 per entrance feet NA y See Section 19.45.140 N�Aq 9 feet Wall NA NA Window NA NA NA NA 25% of total pAA NA Window area NA MISCELLANEOUS Flag NA Portable 1 where allowed(a) 20 60 8q' feet 9 feet q. feet NA 17 feet NA (a) Permitted on the same terms as Section 19.45,140s temporary sign, in accordance with p except that it may be freestanding. VOLUME LVI 0 TABLE D .S PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT (a) R-11 R_2 R_3 R_4 INS ACR O B_1 B_2 B_3 894 MM1 M_2 Animated N N N N N N N N P P N N N Changeable Copy N N N N P P N P P P P N N Illumination, N N N N- P P P P P P P P P Internal (b) Illumination, N N N N P P P P P P P P P External (b) Illumination, N N N N N P N N P N N N N t Exposed Bulbs(b) Neon (b) N N N N N P P P P P P P P P - Permitted N - Not allowed (a). This column does not represent a zoning district. It applies to institutional uses located in residential zoning districts.: Such uses may include, but are not limited to, museums, churches, cemeteries, community service facilities, schools, parks, recreational buildings and community centers, libraries, hospitals and santariums, nursing homes and retirement centers and day care centers. (b). No direct light or glare from the sign shall be cast onto any adjacent zone lot. 91 VOLUME•LVI Section 3. That this ordinance shall be in full force and effect after its passage in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded,: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Elgin Visitor & $31,224.00 1990 collected funds Convention Bureau and 1991 first quarter Elgin, IL payment State of Illinois $12,960.00 Semi-annual user fees Criminal Justice for Police Information Information Authority Management Systems Chicago, IL (PIMS) Elgin Proud & $ 3,750.00 1991 funding Beautiful Elgin, IL Boncosky Oil Co. $ 7,996.33 Elgin, IL Akzo Salt Inc. $11,102.78 Chicago, IL Gasoline for Ann Street Garage Highway rock salt Elgin Development $ 4,797.50 Payment of rental Corporation income from Farm Colony Elgin, IL property Councilman Gilliam made a motion, seconded by Councilwoman Popple, to approve the above payments. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI E1 ORDINANCE PASSED THE CITY OF ELGII Councilman Gilliam made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G9-90 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050P the following: Hastings Street. Hastings Street, north side, from Raymond Street to Wellington Avenue, from November lst to April lst. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in Pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters; Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI Ordinance No. G11-91 ESTABLISHING A pAY p AN ORDINANCE AND EMPLOYEES OFRTHERCITY OFTAIN PELGIND OFFICERS EmpWHEREAS, the City Council of the City of Elgin has ratified and loyeetRelat ions ated Commitgteesments which include ythe adjustmentswtohapproved wage and benefit packages; and approved WHEREAS, in consideration of the changing wage and benefit program for employees covered by negotiated agreements, it is there- fore fit and proper to review and amend the salary schedule and management benefit program in addition to the basic benefit pro r for management and confidential employees as described herein. g am NOW, OF ELGIN, '.CHEREFORE, BE IT ORDAINED BY THE I`: LLINOIS CITY COUNCIL OF THE CITY Section schedule 1. That there is hereby Of standard salary ranges established the following and positions shown: and benefit plans for the offices Benefit Group Department Heads A-1 Salary Range A - $4,333 $6,125 A Assistant City ger A Corporation Counsel A Engineering Director Finance Director A Fire Chief A A Human Resources Director A Planning Director Police Chief A A Public Property and Recreation Public Works Director Director A Transportation Director Benefit Group Management Group A 2 Salary Range A A Assistant Finance Director 750 A Assistant Public Works Director Building Superintendent A A Deputy Fire Chief B Deputy Police Chief B Downtown Director B Engineering Supervisor M.I.S. Director B B Parks Superintendent Purchasing Agent B A Recreation Director A Superintendent of BIS Water System Superintendent VOLUME LVI 94 Benefit Range Group Posit -ion I II III IV V 50 B Assistant Superintendent 3603 3757 3920 4089 4265 of BIS Budget Officer Police Lieutenant Principal Planner 49 C5 Fire Captain 3527 3679 3839 4004 4177 48 B Plan Examiner 3455 3603 3757 3920 4089 B Water Operations Engineer B Water Plant Superintendent B Deputy Human Resources Director 47 B Civil Engineer I1 3382 3527 36719 3839 4004 C Police Sergeant Cl Supervisor of Training (Fire) 46 B City Clerk 3311 3455, 3603 3757 3920 45 B Communication Director 3241 3382 3527 3679 3839 B Director of Training B Senior Planner/Land Use Administrator B Street Superintendent B Architect 44 B Water Plant Superin- 3173 3311 3455 3603 3757 tendent 43 B Electrical Superintendent. 3107 3241 3382 3527 3679 B Garage Supervisor B Greens Superintendent B Sewer and Water Superintendent B Accounting Supervisor 42 C Supervisor of Housing 3042 3173 3311 3455 3603 Enforcement C Public Health Officer 41 C Chief Water Plant 2979 3107 3244 3382 3527 Operator C Associate Planner C Civil Engineer I C Surveyor 40 C Auditorium Operations 2916 3042 3173 3311 3455 Manager C Assistant to the City Manager II C Chief Water Laboratory Chemist C Transit Supervisor C Administrative Assistant C Analyst/Programmer 95 VOLUME LVI Benefit Range Group Position 39 C Assistant Sewer and Water Superintendent C Assistant Street Superintendent 38 37 36 C C C C 35 C C C C 34 Cl C C C 33 B 32 31 C C C 30 29 B C 25 C 21 C 28 C6 26 C6 C6 21 C6 17 C6 16 14 I I_I III IV V 2855 2979 3107 3241 3382 2796 291,6 3042 2736 2855 2979 Assistant Building Maint- 2680 2796 2916 enance Superintendent Cemetery Supervisor Parks Maintenance Supervisor Water Meter Supervisor Accountant 2.624 2736 2855 Planner Program Coordinator Para-Legal/Deputy Clerk Parking Meter Supervisor 2568 2680 2796 Program Analyst Programmer Fair Employment Administrator Assistant Corporation 2515 2624 2736 Counsel II Stage manager 2411 2515 Water Laboratory Chemist Recreation Supervisor 2372 2468 Assistant Corporation 2275 2367 Counsel I Administrative Coordin- ator -Police Assistant to the City 2013 2114 Manager I (PIO) Crime Analyst 1929 2025 Confidential Positions Executive Secretary 2273 2372 Legal Secretary 2180 2273 Program Supervisor 2680 2624 3173 3311 3107 3241 3042 3173 2979 3107 2916 3042 2855 2979 2796 2916 2736 2855 2568 2680 2796 2485 2585 2688 2220 2331 2450 2126 2232 2344 2468 2568 2680 2372 2468 2568 Administrative Secretary 1800 1876 1958 2042 1764 1840 1919 2002 1692 1764 1840 1919 12 C6 Secretary/Police 9 C6 Clerk Typist/Personnel 1523 1588 1657 1728 C6 Receptionist/Personnel Section 2. That the following benefit program is hereby established: 2133 2091 2002 1802 VOLUME LVI 96 Group A 1) Vacation - 1 to 9 years of service - 3 weeks 10 years and over - 4 weeks 2 ) Sick Leave - Sixty (60) days placed on account when com- mencing employment, plus annual accrual. 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue upon retirement until age 65, after twenty (20) years service with payment of premium by retiree. Such medical insurance shall provide maximum benefits in the amount of $500,000 with deductibles of $200 for each employee and $600 for family coverage. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam $50 annual reimbursement for physical or health maintenance examination. 6) Holidays - Six (6) holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and five (5) additional holidays which shall be desig- nated administratively by the City Manager. Police manage- ment personnel assigned as holiday duty officer will re- ceive compensation at straight time for actual hours worked or equivalent time off in lieu of pay. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight time basis. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of the five (5) undesignated holidays shall also be received by fire shift personnel. 7) Uniform Allowances - $50 uniform allowance differential for Fire and Police management personnel above the author- ized annual employee allowances for Fire and Police employ- ee groups, in addition to providing replacement for uni- forms damaged while on duty. 8) Police management will receive time off for hours worked as weekend duty officer with a minimum of two hours. Group B 9) Vacation - 1 to 5 years of service - 2 weeks 6 to 10 years of service - 3 weeks 11 years and over - 4 weeks 10) Sick Leave - Thirty (30) days placed on account upon com- mencement of employment plus annual accrual. 97 VOLUME LVI 11) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue upon retirement until age 65, after twenty (20) years of service with payment of premium by retiree. Such medical insurance shall provide maximum benefits in the amount of $500,000 with deductibles of $200 for each employee and $600 for family coverage. 12) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 13) $50 annual reimbursement for annual physical or health maintenance examination. 14) Holidays - Six (6) holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and five (5) additional holidays which shall be desig- nated administratively by the City Manager. Police shift personnel will receive additional pay for hours actually worked on holidays at a straight time basis and an addi- tional personal day for each holiday which falls on a regularly scheduled day off or eight (8) hours pay if they select. 15) Uniform Allowances - $50 uniform allowance differential for Fire and Police management above the authorized annual employee allowances for Fire and Police employee groups, 1 in addition to providing replacement for uniforms damaged while on duty. 16) Police management personnel shall receive compensation for serving as duty officer or court appearance on days off at straight time for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Time off in lieu of pay shall be permitted by the Chief of Police or a Deputy Chief of Police. Group C 17) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service - 3 weeks 12 years and over - 4 weeks 18) Sick Leave - Fifteen (15) days placed on account upon commencement of employment plus annual accrual. 19) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue upon retirement until age 65, after twenty (20) years of service with payment of premium by retiree. Such medical insurance shall provide maximum benefits in the amount of $500,000 with deductibles of $200 for each employee and $600 for family coverage. VOLUME LVI W. 20) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 21) Physical Exam - $50 annual reimbursement for physical examination. 22) Holidays - Six (6) holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and five (5) additional holidays which shall be desig- nated administratively by the City Manager. Police shift personnel will receive additional pay for hours actually worked on holidays at a straight time basis and an addi- tional. personal day for each holiday which falls on a regularly scheduled day off or eight (8) hours pay if they select. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight time basis. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of the five (5) undesignated holidays shall also be received by fire shift personnel. 23) Uniform Allowances $50 uniform allowance differential for Fire and Police management personnel above the author- ized annual employee allowances for the Fire and Police employee groups, in addition to providing replacement for uniforms damaged while on duty. 24) Police management personnel shall receive compensation for court appearance on days off at straight time for actual hours with a minimum of two hours pay. TOtal compensation for standby for court duty on day off is $40. Time off in lieu of pay shall be permitted by the Chief of Police or a Deputy Chief of Police. 25) Fire management personnel shall receive compensation at straight time for overtime hours worked. 26) Tool Allowance - $20 tool allowance differential for Ga- rage Supervisor above the authorized allowance for Automo- tive Mechanic. Police Management Sick Leave Benefits Notwithstanding the above, for the offices of Police Chief, Deputy Police Chief, Police Lieutenant and Police Seraeant. the following sick leave benefits are established: 27) Said employees shall receive full pay for the first six (6) sick leave occurrences in a payroll year. 28) Said employees shall not be paid for the first (1st) day of a seventh (7th), or any other subsequent sick leave occurrences in a payroll year. 99 VOLUME LVI 29) For the purpose of definition, only situations of sick leave used for bereavement or on-the-job injuries shall not be charged as an occurrence. 30) Said employees shall have established a $180.00 sick leave occurrence bank each payroll year. For each occurrence during the payroll year, $30.00 shall be deducted from the employee's individual bank. 31) Employees on the payroll at the end of each payroll year shall receive a voucher payment equal to the balance re- maining in their individual occurrence bank. Section 3. 401(a) Plan for Groups A, B, and C - Effecti.ve January 1, 1991 the City's deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non -contract (ManagementGroup)employees and shall contribute 3.5% against 1.5% or higher (maximum 10%) matching contribution by the employee into the program'. Section 4. That notwithstanding the salary ranges established herein, employees shall not receive an increase in salary which exceeds 5% unless the City Manager has authorized such an increase after a performance review; the City Manager is further authorized to grant additional increases not to exceed a maximum of amount established by this ordinance for an employee's range. Section 5. That the City Manager is authorized to increase wages and salaries for part-time and seasonal positions not covered under the foregoing sections by,an amount not to exceed 4.75%. Section 6. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. That this ordinance shall be in full force and effect as of December 30, 1990. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded• Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI 100 NO. 1 IN THE CONTRACT WITH Councilman Gilliam 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. RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH GLUTH BROTHERS CONSTRUCTION CO., INC. FOR THE LAUREL STREET STORM SEWER REPLACEMENT WHEREAS, the City of Elgin has heretofore entered into a contract with Gluth Brothers Construction Co., Inc. for the Laurel Street storm sewer replacement; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1,„_ attached hereto. c5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s.l George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam 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. 101 VOLUME LVI RESOLUTION ACCEPTING THE PROPOSAL OF CHARLES H. SCHRADER & ASSOCIATES FOR GRANT ASSISTANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Charles H. Schrader & Associates for grant assistance for the Parks and Recreation Department, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded• Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam 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. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENTS FOR GARDEN PLOTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute lease agreements on behalf of the City of Elgin for garden plots in substantially the form as attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI 102 Presented: February 13, 1991 `..' Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam 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. RESOLUTION APPOINTING CHERYL POPPLE AS A MEMBER OF THE OLD MAIN COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Cheryl Popple be and is hereby appointed as a member of the Old Main Commission for a term to expire May 1, 1994. Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor :.. : I i 51 . _ • Councilman Gilliam 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. 103 VOLUME LVI RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO A LEASE AGREEMENT WITH BOYLAN SALES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an addendum to a lease agreement dated March 11, 1988 on behalf of the City of Elgin with Boylan Sales, Inc. for golf cars, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION Councilman Gilliam 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. RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of Public Act 85-1355, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive VOLUME LVI 104 session minutes from the meetings set forth on the schedule attached hereto; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes from those meetings set forth on the attached schedule with the exception of those portions requiring continued confidentiality are hereby released. Section 2. The City Clerk is hereby authorized and directed to make said minutes available for inspection and copying as public records. Section 3. This resolution shall be in full force and effect from and after its passage. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Councilman Gilliam 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. 105 VOLUME LVI RESOLUTION AUTHORIZING EXECUTION OF AREAL ESTATE SALES CONTRACT (355 Seneca Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Walter Heubaum and Phyllis Heubaum, for the property commonly known as 355 Seneca Street, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: S1 Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT _C357_-359 Seneca Street) Councilman Gilliam 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. RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (357-359 Seneca Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Walter Heubaum and Phyllis Heubaum, for the property commonly known as 357-359 Seneca Street, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI 106 Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ZI IQZwe) "A Councilman Gilliam 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. RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (361 Summit Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Randolph P. Blank, for the property commonly known as 361 Summit Street, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 107 VOLUME LVI ON ADOPTED ACCEPTING THE PROPOSAL OF BADGER METER, WATER METERS Councilman Gilliam 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. RESOLUTION ACCEPTING THE PROPOSAL OF BADGER METER, INC. FOR WATER METERS 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 Badger Meter, Inc. for water meters for conversion to an automatic meter reading system, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam 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. RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED EMPLOYMENT CONTRACT WITH LARRY L. RICE 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 Amended Employment Contract on behalf of the City of Elgin with Larry L. Rice, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI 108 Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance, Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G10-91 AN ORDINANCE RECLASSIFYING PROPERTY AT 310 EAST CHICAGO STREET WHEREAS, written application has been made to reclassify certain property located at 310 East Chicago Street from B-1 Community Business 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 same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the 'Zoning District Map', as amended,be and are hereby altered by excluding from the B-1 Community Service District and including in the B-3 Service Business District, the following described property: 109 VOLUME LVI Lots 6 and 7 in Block 1 in the Original Town of Elgin, on the East side of Fox River, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam 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. RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT WITH AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO AND ZALE 721 INC.. (Woodbridge South) WHEREAS, the owners of certain property commonly known as Woodbridge South have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to the Annexation Agreement with American National Bank and Trust Company of Chicago, as Trustee under Trust Dated September 29, 1989 and known as Trustee No. 109526-04, and Zale 721 Inc. is in the best interests of the City of Elgin. VOLUME LVI 110 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and `Y Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to the Annexation Agreement with American National Bank and Trust Company of Chicago as Trustee under Trust Agreement dated September 29, 1989 and known as Trust No. 109526-04 and Zale 721 Inc., a copy of which is attached hereto. Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk sl George VanDeVoorde George VanDeVoorde, Mayor ZING EXECUTION OF Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Counci.lmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAHLQUIST AND LUTZOW ARCHITECTS, LTD. 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 Dahlquist and Lutzow Architects, Ltd. for the renovation of the Lord's Park Pavilion, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor { ill VOLUME LVI Presented: February 13, 1991 Adopted: February 13, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Minutes of the January 23, 1991 Committee of the Whole Meeting Minutes of the January 7, 1991 Land Use Committee Meeting Minutes of the January 21, 1991 Land Use Committee Meeting Minutes of the July 2, 1990 Elgin Metropolitan Exposition Auditorium and Office Building Authority Meeting Minutes of the December 6, 1990 Greater Downtown Elgin Commission Meeting Minutes of the November 16, 1990 Old Main Commission Meeting Minutes of the December 5, 1990 Liquor Commission Meeting Minutes of the January 16, 1991 Liquor Commission Special Meeting Minutes of the November 8, 1990 Hemmens Advisory Board Meeting Building Permit Report for January 1991 Water Department Accounts Receivable Report for January 1991 January 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. RECOZNIZE PERSONS PRESENT Susan Lye of 2055 Country Knolls Lane addressed the Council regarding the City's recent trimming of the trees in the tree banks on Country Knolls Lane. She believes the trees were pruned improperly. She also presented a petition signed by 52 Country Knolls Lane area homeowners expressing their concern over the manner in which the trees were trimmed. Dave Osborn, city forester, responded by stating that he had examined the trees which had been trimmed and felt that 90 percent of the pruning had been performed correctly. Ms. Lye requested that the City's tree trimming policy be reviewed and that residents be notified in advance of pruning. VOLUME LVI 112 ANNOUNCEMENTS Mayor VanDeVoorde made announcements regarding forthcoming meetings. He also advised the Council that due to another commitment, he will be arriving late at the next Council meeting. He requested that Councilman Gilliam chair the meeting in his absence. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Moylan, to adjourn the Council meeting and return to the Committee of the Whole meeting. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 9:06 pm. Dolonna Mecum, ty Clerk VOLUME LV.T FEBRUARY 27, 1991 113 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on February 27, 1991, in the Council Chambers. The meeting was called to order by Councilman Gilliam Mayor Pro Tem Gilliam at 8:05 p.m. The Invocation was given by Reverend Eugene Carter, and the Pledge of Allegiance was Ted'' -by Councilwoman Moylan. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Moylan, Popple, Walters and Yearman. Absent: Mayor VanDeVoorde. MINUTES OF THE FEBRUARY 13 1991 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the February 13, 1991 Council minutes as published. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. COMMUNICATIONS BY THE The Illinois Park School fifth grade students sang several anti -drug message songs for the Council. Thereafter, a proclamation was presented to the students in recognition of their having completed a 17-week course entitled "Drug Abuse Resistance Education." A proclamation was presented to St. Edward's High School. Lady Wave basketball team in recognition of it placing fourth in the Class A State tournament held in Champaign. Team members and coaches were congratulated by the Council for their accomplishments. BID AWARDED FOR CRYSTAL STREET GARAGE OVERHEAD DOORS Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to award this contract to C & M Overhead Doors Inc. for a total amount of $9,596.16. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. 114 VOLUME LVI BID AWARDED FOR FIRE STATION #1 RECARPETING Councilman Fox made a motion, seconded by Councilman Walters, to award this contract to the overall, low responsive bidder, Rakow's Inc. for a total price of $6,329.00. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. BID AWARDED FOR HEMMENS STAGE.LIGHTING Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this contract to the overall., low bidder, Grand Stage Company for a total amount of $F1,709.76. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayo; Pro Tent Gilliam. Nays: None. BID AWARDED FOR COMPUTER EQUIPMENT Councilman Fox made a motion, seconded by Councilwoman Popple, to award separate contracts as follows: To IBM Corporation for 24 terminals, 2 modems, and 1 remote control unit in the amount of $25,923; and to Computerland of West Dundee for 4 laser printers in the amount of $7,112. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. BID REJECTED FOR AIRLITE FILTER RENOVATIONS Councilwoman Yearman made a motion, seconded by Councilman Walters, to reject the single bid received and authorize sta"' to have it rebid. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. Councilman Walters made a motion, seconded by Councilwoman Moylan, to approve a March 27, 1991 public hearing date for Petition 3-91. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. Councilman Walters made a motion, seconded by Councilwoman Popple, to remove Petition 9-91 from the table, Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Ma, Pro Tem Gilliam.. Nays: None. 0.d Y'Councilman Fox made a motion, seconded by Councilwoman Moylan, 3�/3�91 to approve B-1 special use, contingent upon an amended application being filed and with the conditions recommended by h the Planning Department. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. VOLUME LVI 115 Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to remove this matter from the table. Yeas': Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance with the changes as recommended by the City Manager. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. Ordinance No. G6-91 Revised 2/22/91 AN ORDINANCE PROVIDING FOR PARKWAY OR TREE BANK RESTORATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,-" ILLINOIS: Section 1. That Section 13-.20.080 be and is hereby added to Chapter 13.20 entitled "Trees and Shrubs" of the Elgin Municipal Code, 1976, to read as follows: 13.20.080 Restoration of Parkway or Tree Bank. A. Restoration of Parkway or Tree Bank. Within thirty days after final inspection and approval any person, including public utility companies, doing work within the public right of way, including the parkway or tree bank, shall restore disturbed grass areas with sod and shall provide the necessary watering to assure the survival of the sod. Upon good cause shown the city forester may permit the use of seed in lieu of sod or extend the time for restoration. B. Guarantee Deposit. 1. In addition to any permit or bond required for work within the public right of way, at the time of the issuance of such permit the applicant therefor shall deposit cash or an irrevocable letter of credit in an amount equal to five percent (5%) of the estimated cost of the work being done or $1,000.00, whichever is greater, to guarantee restoration of grass areas as required. 2. Following inspection and determination by the city forester that restoration work for which a 116 VOLUME LVI guarantee deposit has been made, such deposit shall be returned without interest'to the depositor. 3. In the event that any person fails to restore any 'grass areas after five days written notice to do so the city forester shall promptly cause such restoration to be done. The guarantee deposit shall be used to defray costs incurred in such restoration; any balance remaining after deduction of the costs of restoration and a penalty of $100.00 shall be returned to the person making the guarantee deposit. 4. Public utility companies which have been granted a franchise agreement by the City of Elgin, in lieu of the guarantee deposit will not be required to post cash or letter of credit, but will remain subject to reimbursement for city costs of restoration. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: January 23, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion to approve Application 52-91, subject to the recommendations of the staff. Motion died for lack of a second. VOLUME LVI 119 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE MISS ILLINOIS SCHOLARSHIP PAGEANT, 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 a Purchase of Service Agreement on behalf of the City of Elgin with the Miss Illinois Scholarship Pageant, Inc. for the 1991 Miss Illinois Pageant, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED APPROVING 1991 SCAVENGER LICENSES Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Yearman, and Mayor Pro Tem Gilliam. Nays: None. Abstain: Councilman Walters. RESOLUTION APPROVING 1991 SCAVENGER LICENSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that 1991 scavenger licenses be and are hereby approved for the following applicants: Arc Disposal Joe Billups Trucking Browning -Ferris Industries Contractors Waste System De Anza Willow Lake Estates Elgin Wayne Disposal 120 VOLUME LVI Laidlaw Waste Systems Monarch Disposal Ray Schreiber Disposal Valley Sanitation Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopted the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A JOINT AGREEMENT WITH THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Joint Agreement on behalf of the City of Elgin with the County of Kane for the installation of traffic signals at the intersection of Randall Road and Royal Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI 121 Presented: February 27, 1991 r, Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. Ordinance No. G15-91 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED REGARDING THE SALE OF LIQUOR BY CATERING SERVICE DURING SPECIAL FUNCTIONS WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the sale of alcoholic liquor is a matter pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 That Section 6.06.040 entitled "License - Classes -Fees of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding the following: Class K. For retail sales of alcoholic liquor on a not -for -profit basis in conjunction with hors d'oeuvres and/or meals as provided by a catering service provider during special events sponsored and conducted by a corporation or association serving employees or business related guests exclusively. All liquor provided under this section shall be for 122 VOLUME LVI consumption upon the premises of the corporation or association only, and it is unlawful and cause for revocation of the license to sell any alcoholic liquor for consumption off the premises or in packages. This license shall authorize and include up to and including twenty (20) such special events per licensed year. The license fee shall be $850. Section 2. That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 3. That this ordinance shall be in full force and effect from and after ten days after its passage and publication in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION AUTHORIZING THE SUBMISSION OF AND APPLICATION TO THE ILLINOIS DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS (DCCA) FOR GRANT FUNDING AVAILABLE THROUGH THE ILLINOIS CLEAN AND BEAUTIFUL PROGRAM WHEREAS, the City Council of the City of Elgin, pursuant to resolution authorized the city's participation in the Illinois Clean and Beautiful Program to be administered through Elgin Proud and Beautiful, Inc.; and VOLUME LVI 123 WHEREAS, at the recommendation of Elgin Proud and Beautiful, Inc. the City of Elgin is applying to the State of Illinois Department of Commerce and Community Affairs for grant funding available through the "Illinois Clean and Beautiful Program"; and WHEREAS, it is necessary that an application be submitted by the City of Elgin on behalf of Elgin Proud and Beautiful, Inc. and certain agreements be entered into with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The City of Elgin shall apply for a $9,000 grant through the program under the terms and conditions of the State of Illinois and shall enter into and agree to the understandings and assurances governing the receipt and utilization of the aforesaid grant funds. Section 2. The Mayor and City Clerk, on behalf of the city, shall be empowered to execute such documents and all other agreements as may be considered necessary for carrying out the stated activities outlined within said application. Section 3. The Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of a grant offer. Section 4. That the City of Elgin shall and does hereby commit the sum of $3,750 in local funds as identified in said grant application to be used along with grant funds in the amount of $9,000 to implement the Illinois Clean and Beautiful Program. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 124 VOLUME LVI AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Santo Sports Store $ 7,809.17 Softball supplies Chicago, IL Alexander Chemicals $ 5,842.50 Chemicals for park Lemont, IL swimming pools CarFone $ 5,395.80 Mobile cellular car Communications, Inc. phones for Police Dept. D. H. Martin $15,364.75 Gasoline for Ann Street Petroleum CO. Garage Elgin, IL Akzo Salt Inc. $45,063.21 Highway rock salt Chicago, IL Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to approve the above payments. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. ITEM REMOVED FROM CONSENT AGENDA Councilman Walters made a motion, seconded by Councilman Fox, to remove the following item (Item No. 23) from the consent agenda. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. ION 7M ESTATE Councilman Fox made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Yearman, and Mayor Pro Tem Gilliam. Nays: None. Abstain: Councilman Walters. RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (379 Summit Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Union National Bank as Trustee under Trust 1248, for the property commonly known as 379 Summit Street, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI 125 Presented: February 27, 1991 Adopted: February 27, 1991 u._ Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk AMENDING Councilwoman Popple made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. Ordinance No.14-91 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11,'Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of ten-hour parking zones under Section 11.60.086 the following: Division Street, north side thereof, from fifty feet easterly of the intersection with Center Street to one hundred feet east of the intersection with North Geneva Street, a distance of fifty feet. Section 2. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050P the following: Division Street. Division Street, north side thereof, from fifty feet easterly of the` intersection with Center Street to one hundred, feet east of the intersection with North Geneva Street, between the hours of 8:00 a.m. and 4:00 p.m. on school days. 126 VOLUME LVI Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None.. RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE BE :CT 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 Memorandum of Intergovernmental Agreement on behalf of the City of Elgin with the County of Kane regarding access restrictions to Randall Road between the Northwest Tollway and Hopps Road, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI 127 Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE PORTIONS OF STATE ROUTES 19, 20, 25 AND 58 FOR VALLEY FOX 'TROT WHEREAS, the City of Elgin has applied for and received permission from this Council to stage the "Valley Fox Trot", a ten (10) mile marathon race within the city limits of Elgin on Monday, May 27, 1991, from 7:00 a.m. until 12:00 noon, conditioned upon securing permission from the Illinois Department of Transportation to close portions of State Routes 19, 20, 25 and 58 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to Said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes. It is further agreed that an efficient, all weather detour will be maintained and conspicuously marked for the benefit of traffic deviated from the state routes. sl George VanDeVoorde George VanDeVoorde, Mayor 128 VOLUME LVI Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded.: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUT 3 A PLAT OF DEDICATION FOR Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters,, Yearman, and Mayor Pro Tem Gilliam. Nays:: None. RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR PUBLIC STREETS (Highland Springs) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for public streets prepared by Harold C. Westphal, Jr., an Illinois Land Surveyor, and dated January 17, 1990, for public streets for the property legally described as follows: Parcel No. 1• That part of the SouthwestQuarter of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Southwest quarter; thence South 01 degree 13 minutes 54 seconds West, along the West line of said Southwest quarter, a distance of 296.64 feet; thence South 80 degrees 35 minutes 13 seconds East, a distance of 778.48 feet; thence South 04 degrees 32 minutes 07 seconds West, a distance of 309.80 feet; thence South 84 degrees 17 minutes 12 seconds West, a distance of 205.62 feet; thence South 01 degree 12 minutes 49 seconds West, a distance of 730.53 feet to a line that is 40.00 feet, measured at right angles, northerly of and parallel with the center line of Highland Avenue Road, according to Highland Avenue Estates, being a subdivision of part of Section 9, township and range aforesaid; thence South 47 degrees 40 minutes 41 seconds East, along said parallel line, a distance of 465.74 feet; thence southeasterly, along a curve to the left having a radius of 1023.51 feet, tangent to the last VOLUME LVI 129 described course, an arc distance of 86.79 feet for the point of beginning; thence northwesterly, along the last described curve, having a chord bearing of North 50 degrees 51 minutes 25 seconds West, an arc distance of 60.01 feet; thence North 39 degrees 08 minutes 34 seconds East, a distance of 101.04 feet; thence northerly, along a curve to the left having a radius of 340.00 feet, tangent to the last described course, an arc distance of 270.-27 feet; thence North 06 degrees 24 minutes 07 seconds West, tangent to the last described curve, a distance of 429.54 feet; thence northerly, along a curve to the right having a radius of 480.00feet, tangent to the last described course, an arc distance of 116.53 feet; thence North 07 degrees 30 minutes 26 seconds East, tangent to the last described curve, a distance of 218.61 feet; thence northeasterly, along a curve to the right having a radius of 230.00 feet, tangent to the last described course, an arc distance of 147.66 feet; thence North 44 degrees 17 minutes 22 seconds East, tangent to the last described curve, a distance of 22.06 feet; thence northeasterly, along a curve to the left having a radius of 174.07 feet, tangent to the last described course, an arc distance of 106.27 feet to the Southeast corner of Lot 448 of Valley Creek Unit No. 10, being a subdivision of part of Section 9, township and :range aforesaid; thence South 80 degrees 41 minutes 22 seconds East, along the South line of said Valley Creek Unit No. 10, a distance of 60.00 feet to the Southwest corner of Lot 449 of said Valley Creek Unit No. 10;- thence southwesterly, along a curve to the right having a radius of 234.07 feet and a chord bearing of South 26 degrees 48 minutes 01 seconds West, an arc distance of 142.90 feet; thence South 44 degrees 17 minutes 22 seconds West, tangent to the last described curve, a distance of 22.06 :feet; thence southwesterly, along a curve to the left having a radius of 170.00 feet, tangent to the last described course, an arc distance of 109.14 :feet; thence South 07 degrees 30 minutes 26 seconds West, tangent to the last described curve, a distance of 218.61 feet; thence southerly, along a curve to the left having a radius of 420.00 feet, tangent to the last described course, an arc distance of 101.96 feet; thence South 06 degrees 24 minutes 07 seconds East, tangent to the last described curve, a distance of 429.54 feet; thence southerly, along a curve to the right having a radius of 400.00 feet, tangent to the last described course, an arc distance of 317.96 feet; thence South 39 degrees 08 minutes 34 seconds West, tangent to the last described curve, a distance of 101.04 feet to the point of beginning. Being situated in the City of 130 VOLUME LVI Elgin, Kane County, Illinois and containing 1.96 acres more or less. Parcel No. 2: That part of the Southwest quarter of Section 9, Township 41 North, Range 8 East of the Third Principle Meridian, described as follows: Commencing at the Northwest corner of the said Southwest quarter; thence South 01 degree13 minutes 54 seconds West, along the West line of said Southwest quarter, a distance of 296.64 feet; thence South 80 degrees 35 minutes 13 seconds East, a distance of 778.48 feet; thence South 04 degrees 32 minutes 07 seconds West, a distance of 309.80 feet; thence South 84 degrees 17 minutes 12 seconds West, distance of 205.62 feet; thence South 01 degree 12 minutes 49 seconds West, a distance of 783.62 feet to the center line of Highland Avenue Road, according to Highland Avenue Estates, being a subdivision of part of Section 9, township and range aforesaid for the point of beginning; thence North O1 degree 12 minutes 49 seconds East, a distance of 53.09 feet to a line that is 40.00 feet, measured at right angles, northerly of and parallel with the said center line of Highland Avenue Road; thence South 47 degrees 40 minutes 41 seconds East, along said parallel line, a distance of 465.74 feet; thence southeasterly, along a curve to the left having a radius of 1023.51 feet, tangent to the last described course, an arc distance of 316.29 feet; thence South 65 degrees 23 minutes 03 seconds East, tangent to the last described curve, being along the northwesterly extension of the northeasterly line of Highland Avenue Road, according to Highland Springs Subdivision Unit No. 1, being a subdivision of part of the said Southwest quarter of Section 9, a distance of 267.40 feet to a northwesterly line of said Highland Springs Subdivision Unit No. 1; thence South 32 degrees 30 minutes 17 seconds West, along said northwesterly line; a distance of 40.38 feet to the center line of Highland Avenue Road, according to said Highland Spring Subdivision Unit No. 1; thence North 65 degrees 23 minutes 03 seconds West, along the northwesterly extension of the center line of Highland Avenue Road, according to said Highland Springs Unit No. 1, a distance of 261.86 feet; thence northwesterly, along the center line of Highland Avenue Road, being along a curve to the right having a radius of 1063.51 feet, tangent to the last described course, an arc distance of 328.66 feel.; thence North 47 degrees 40 minutes 41 seconds West, along the center line of Highland Avenue Road, according to aforesaid Highland Avenue Estates, a distance of 430.83 feet to the point of beginning. VOLUME LVI 131 Being situated in the City of Elgin, Kane County, Illinois and containing 0.95 acre more or less. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. 132 VOLUME LVI RESOLUTION ESTABLISHING RATES AND CHARGES FOR WATER METERS AND WATER SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ILLINOI;i, that the following rates and charges be and hereby established for services performed by the City Elgin: Water Service installation Cost* *,1" **11" 1i" 21. 4„ 6" New Subdivision Unimproved City Street Seal Coated (No Curb and Gutter). Improved City Street (Blacktop) Improved City Street (Blacktop and Concrete) Federal, County, or State .Highway or Four -Lane City Streets ELGIN, are of RE $ 585 $ 620 $ 680 $1,175 $2,235 $2,450 $2,885 1,450 1,480 1,570 1,945 2,425 2,665 3,090 1,485 1,510 1,600 1,970 2,690 2,955 3,430 1,690 1,700 1,790 2,160 2,890 3,170 3,635 1,955 2,005 2,105 2,830 5,2.25 5,730 6,495 *Note a. The cost for a water meter will be at the current rates adopted by the City Council as shown on Schedule A. Meter sizes will be based on usage at the direction of the director of water operations. b. The installation of any sized service in the Central Business District (CBD), including the Fountain Square Plaza Mall, and other areas as described shall be on a time and material basis. The CBD shall include the area bounded on the west by the Fox River, north by Kimball Street, east by Dundee and Villa Streets, and on the south by National Street. Any new or improvement of existing services in the Fountain Square Plaza Mall will be discouraged, or not permitted. Service will be provided from the streets bounding Fountain Square Plaza Mall. c. Federal, State, and County routes that must be augured will include the scheduled water service price plus any additional actual costs. VOLUME LVI 133 **Note: a. A 5/8" AMR (automatic meter reading) water meter plus 25% overhead charge is included with the 1" and 1}" water service. b. The costs of water service installation for 1" and 1}" services in the New Subdivision category are based on orders of three or more; if order is less than three, add $90 per service. c. An AMR system is required for each new single family residence and other installations as possible. d. If service installation is a replacement of an equivalent size and for the same intended usage, subtract meter costs for a 1" or 1$" service from installation cost. RELATED SERVICES: Water Mains (excludes mains installed by subdivider or covered by a special reimbursement ordinance) Turn Off/On for Nonpayment After Business Hours Turn On Temporary Out of Service - Remove and Reinstall Water Meter (charge to be made upon reinstallation of meter) Cleaning Water Service Lines with Service Machine Check Returned Frozen Meter Service Charge (cost of meter is additional) Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk $ 20.00 per front foot $ 20.00 $ 50.00 $ 23.00 $ 50.00 $ 10.00 $ 20.00 s/ George VanDeVoorde George VanDeVoorde, Mayor 134 VOLUME LVI SCHEDULE A WATER METER PRICE SCHEDULE Plus Size and Type Bid Price overhead 1991 Price 5/8" Local $ 28.75 25% $ 35.95 3/4" Local 46.75 25% 58.45 1" Local 71.00 25:% 88.75. 1-1/2" Local 193.00 10% 212.30 2" Local 249.60 10% 276.55 Turbines 2" Local $ 311.00 10% $ 342.10 2" Remote 334.50 10% 367.95 3" Local 350.00 10% 385.00 3" Remote 373.00 10% 410.30 4" Local 591.00 10% 650.10 4" Remote 614.00 10% 675.40 6" Local 1,133.00 10% 1,246.30 6" Remote 1,156.00 10% 1,271.60 Compounds 2" Local $ 926.00 10% $ 1,018.60 2" Remote 934.00 10% 1,027.40 3" Local 975.00 10% 1,072.50 3" Remote 983.00 10% 1,081.30 4" Local 1,680.00 10% 1,848.00 4" Remote 1.,848.00 10% 2,032.80 6" Local 2,550.00 10% 2,805.00 6" Remote 2,588.00 10% 2,846.80 RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Eric Isom be and is hereby appointed as a member of the E-911 Emergency Telephone System Board effective retroactively to May 1, 1990 for a term to expire May 1, 1993. 11 VOLUME LVI 135 BE IT appointed as the unexpired 1992. FURTHER RESOLVED that Dan Miller be and :is hereby a member of the Old Main Commission to fulfill term of Martee Kahn for a term to expire May 1, sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED ESTABLISHING THE SAFE STORAGE OF FIREARMS TASK FORCE Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION ESTABLISHING THE SAFE STORAGE OF FIREARMS TASK FORCE WHEREAS, it is necessary and desirable to determine such measures as may promote and further the safe storage of firearms so as to prevent the loss of life and property and that a task force is hereby established for the purpose of examining and studying practices and devices which will promote the safe storage of firearms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that such task force shall conduct such public hearings as it may determine are necessary and shall otherwise meet and confer. BE IT FURTHER RESOLVED that such task force shall make its written report of findings and recommendations to the City Council within 90 days. BE IT FURTHER RESOLVED that Cheryl Popple is hereby appointed as Chairman of the Safe Storage of Firearms Task Force. 136 VOLUME LVI BE IT FURTHER RESOLVED that the following persons are hereby appointed as members of such task force: L. S. Clemens Alan J. Fisher Charles Gruber Anthony Gudvanger Lance Lagoni Raymond K. Merrill Sue 011man Cheryl Popple Marie Yearman BE IT FURTHER RESOLVED that the Safe Storage of Firearms Task Force shall conduct its meetings in accordance with the Illinois Open Meetings Act. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded'by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox; Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS WHEREAS, Illinois Tool Works, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS; said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement VOLUME LVI 137 on behalf of the City of Elgin with Illinois Tool Works for fire protection service, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION Councilwoman Popple made a motion, seconded by Councilman Walters; to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH THE EAGLES CLUB WHEREAS, the Eagles Club, a non-profit corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with the Eagles Club for fire protection service, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor 138 VOLUME LVI Presented: February 27, 1991 Adopted: February 27, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dol.onna Mecum Dolonna Mecum, City Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Land Use Committee Minutes for February 4, 1991 Meeting Greater Downtown Elgin Commission Minutes for January 3, 1991 Meeting Heritage Commission Minutes for January 14, 1991 Meeting Bluff City Cemetery Report for January 1991 Transportation Operations Reports for December 1990 Sales Tax Report for Month of November, 1990 Councilman Fox made a motion, seconded by Councilwoman Popple, to place the above reports on file as published. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. RECOGNIZE PERSONS PRESENT Mayor VanDeVoorde arrived prior to adjournment of the meeting. He delivered a message on behalf of Ray Hadley, who had had to leave. Mr. Hadley is donating a large quantity of yellow ribbon to the City and will deliver it to City Hall tomorrow. The Council suggested that bows be tied around City and Park entrance signs. ANNOUNCEMENTS Mayor Pro Tem Gilliam made announcements regarding forthcoming meetings, including the Community Development Block Grant Program public hearing on March 20, 1991, at 7 p.m., and the Elgin Center City Master Plan Community meeting March 5, 1991, at 7:30 p.m. at the Gail Borden Public Library. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Fox, to adjourn the Council meeting. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor Pro Tem Gilliam. Nays: None. The ee ing adjourned at 9:40 p.m. Dolonna Mecum, City Clerk