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HomeMy WebLinkAbout91-5VOLUME LVI MAY 8, 1991 236 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on May 8, 1991, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8 p.m. The Invocation was given by Councilwoman Cheryl Popple, and the Pledge of Allegiance was led by Councilman Walters. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. APRIL 24 )UNCIL MEETING AP AS Councilwoman Popple made a motion, seconded by Councilman Gilliam, to approve the April 24, 1991 Council Minutes as published. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS PRESENTATION OF AWARD OF FINANCIAL REPORTING ACHIEVEMENT City Manager Rice presented the Government Finance Officers Association Award of Financial Reporting Achievement to James H. Bolerjack, Jr., Director of Finance, The City of Elgin has received this award for the past 13 years. Mr. Bolerjack recognized the contributions made by staff members Marty Gregory and Eric Bahe in achieving this award. BID AWARDED FOR PAINTING VARIOUS STRUCTURES Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to award this contract to the overall low responsive bidder, L. Morris & Son Painting, Inc., for a total amount of $24,175.00. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR DUMP TRUCKS Councilman Fox made a motion, seconded by Councilman Walters, to award individual contracts in accordance with the memorandum dated May 1, 1991, as follows: 237 MAY 8, 1991 VOLUME LV .11 White GMC Trucks Inc. for a total net price of $113,990.00 for two 1991 GMC Model C7H042 dump trucks with snow plows Biggers Chevrolet Inc. for a total net price of $22,937.00 for one 1991 Chevrolet Model CK31003 dump truck with snow plow Coffman Truck Sales Inc. for a total net price of $23,092.14 for one 1991 GMC Model TK31003 dump truck with snow plow Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR VANS AND PICKUPS Councilman Walters made a motion, seconded by Councilman Fox, to award contracts to the individual low bidders for each of the items as set forth in Memorandum dated May 1, 1991, as follows: Items 1,3,6,9 & 10 Biggers Chevrolet, Inc. for a total net amount of $76,664.00 for five 1991 Chevrolet vans, pickup truck, and 4-wheel drive vehicles Items 2,5,7 & * Coffman Truck Sales for a total net amount of $57,258.43 for four 1991 GMC van and pickup trucks Item 4 Northwest Ford Truck Center for a total net amount of $36,162.00 for three 1991 Ford pickup trucks Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR OFFICE FURNITURE Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to award contracts to the individual low bidder for each item as set forth in Memorandum dated May 2, 1991 as follows: Items 1 and 8 Landgraf's Ltd. for a total amount of $3380.00 Items 2, 9, 10, Jay IN Bee Office Equipment for total amount of $2956.00 ^- VOLUME LVI MAY 8, 1991 238 Items 3, 5, 6, 11, 15 & 16 Items 4 and 20 Items 14 and 17 Item 7 Rakow's Business Interiors for a 13, total amount of $5949.48 Midwest Publishers Supply for a total amount of $1748.79 Wrona Brothers Inc. for a total amount of $937.75 Illinois Correctional Industries for a total amount of $156.00 Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to close the public hearing. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of general purpose local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the problems of slum and blight, and housing and neighborhood deterioration may be determined. 239 MAY 8, 1991 VOLUME LV NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Seven Hundred and Twenty Thousand Dollars ($720,000). Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk PETITION 23-91 REQUESTING A B- Councilwoman Popple made a motion, seconded by Councilman Walters, that Petition 23-91 be approved, subject to the conditions. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Popple made a motion to direct the staff to prepare the annexation, which means that the Council is opposing the petition. The motion died for lack of a second. No action taken. VOLUME LVI MAY 8, 1991 240 OF A PURCHASE OF Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN 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 agreement on behalf of the City of Elgin with the Housing Authority of Elgin for the property commonly known as 355 Dundee Avenue, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 241 MAY 8, 1991 VOLUME LV RESOLUTION APPROVING PAYOUT FROM THE OLD MAIN RESTORATION ESCROW ACCOUNT WHEREAS, the City of Elgin is the owner of certain real property upon which is a structure commonly known as Old Main; and WHEREAS, the City of Elgin and the Elgin Historical Society have entered into an agreement wherein Old Main is to be renovated and occupied by the Historical Society as a historical museum; and WHEREAS, pursuant to said agreement the plans and contract documents of such renovation are subject to the prior approval of the City of Elgin; and WHEREAS, on March 22, 1989 the City of Elgin, the Elgin Area Historical Society and the First National Bank of Elgin (escrowee) entered into an escrow agreement which established the Old Main Restoration Account and authorized the escrowee to make payments from said account on the written direction of the City of Elgin and the Historical Society; and WHEREAS, renovation work has been continuing and application has now been made for the payment of $8,425.00 from the escrow account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the First National Bank of Elgin is authorized and directed to release funds from the Old Main Restoration Account in the following amount to the following supplier: Russ's Drywall $ 8,425.00 per the written direction of the Elgin Area Historical Society dated April 26, 1991, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI MAY 8, 1991 242 Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution, Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING THE PROPOSAL OF KOHLER AND SONS, 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 accept the proposal on behalf of the City of Elgin of Kohler and Sons, Inc. for the repair of Lord's Park pool, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk :ON ADOPTED A Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Counc:ilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Merrill Lauderdale be and is hereby reappointed as a member of the Building Commission for a term to expire May 1, 1994. 243 MAY 8, 1991 VOLUME LV BE IT FURTHER RESOLVED that John Schmidtke be and is hereby reappointed as a member of the Building Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Richard Sinnett, Sr. be and is hereby reappointed as a member of the Building Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Frank Transue be and is hereby reappointed as a member of the Building Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that James Walker be and is hereby reappointed as a member of the Building Commission for a term to expire May 1, 1993. BE IT FURTHER RESOLVED that Fred Staroske be and is hereby reappointed as a member of the Plumbing Committee for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Melford Dahl be and is hereby reappointed as a member of the Warm Air Heating Committee for a term to expire May 1, 1994. BE :IT FURTHER RESOLVED that Jim Krenz be and is hereby appointed as a member of the Warm Air Heating Committee for a term to expire May 1, 1994. BE :IT FURTHER RESOLVED that Robert Sennett be and is hereby reappointed as a member of the Board of Examiners of Stationary Engineers for a term to expire May 1, 1993. BE :IT FURTHER RESOLVED that Bruce Trego be and is hereby reappointed as a member of the Board of Fire and Police Commissioners for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that JoAnn Demuth be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Fern Risley be and is hereby reappointed as a member of the Civil Service Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that George VanDeVoorde be and is hereby reappointed as a member of the Economic Development Council for a term to expire April 30, 1995. BE IT FURTHER RESOLVED that Arthur R. Allan be and is hereby reappointed as a member of the Elgin Heritage Commission for a term to expire May 1, 1994. BE I:T FURTHER RESOLVED that Heather Hunt be and is hereby reappointed as a member of the Elgin Heritage Commission for a term to expire May 1, 1994. VOLUME LVI MAY 8, 1991 244 BE IT FURTHER RESOLVED that John Roberson be and: is hereby reappointed as a member of the Elgin Heritage Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Richard Hirschberg be and is hereby appointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Lance Lagoni be and is hereby appointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Harvey Saxe be and is hereby appointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Joseph Wars be and is hereby reappointed as a member of the Elgin Image Advisory Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Harvey Eisner be and, is hereby reappointed as a member of the Hemmens Advisory Board for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Patricia Wilson be and is hereby reappointed as a member of the Human Relations Commission for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Vicki Culver be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Robert Edwards be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1994. BE IT FURTHER RESOLVED that Richard Hampton be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1994. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 245 MAY 8, 1991 VOLUME LV RESOLUTION ADOPTED IN SUPPORT FOR THE INCOME TAX SURCHARGE Councilwoman Popple made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moyl.an, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Abstain: Councilman Gilliam. RESOLUTION OF SUPPORT FOR THE INCOME TAX SURCHARGE WHEREAS, in 1989 the State Legislature passed a temporary income tax surcharge partially to benefit education in Illinois; and WHEREAS, the income tax surcharge will expire in 1991 unless the legislature acts to extend the surcharge; and WHEREAS, the additional state dollars generated by the income tax surcharge enabled District U-46 to operate in a fiscally responsible manner and make substantial progress in reducing accumulated debt; and WHEREAS, these additional state dollars allowed District U-46 to avoid program cuts (including elimination of athletics and other extra -curricular activities) and staff reductions; and WHEREAS, enrollment in School District U-46 is growing rapidly as evidenced by its growth of more than 1,000 students in the last year; and WHEREAS, these additional state dollars also allowed District U-46 to make many needed program improvements, including hiring additional teachers to accommodate its rapidly growing student population, reestablishing an elementary school art program, instituting programs to serve the needs of at -risk students, and other innovative services; and WHEREAS, state funding for education has been unpredictable throughout the 1980's until the enactment of the income tax surcharge; and WHEREAS, substantial and predictable state funding is essential in order to provide a quality education to the children of Illinois; and WHEREAS, stable revenue replacement for education should be an essential component of any proposal to provide property tax relief. VOLUME LVI MAY 8, 1991 246 NOW, THEREFORE, BE IT RESOLVED BY THE CITY CITY OF ELGIN, ILLINOIS, that the City Council Elgin supports making permanent the income tax education. Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk COUNCIL OF THE of the City of surcharge for s/ George VanDeVoorde George VanDeVoorde, Mayor SEWER Councilman Gilliam made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH R.J.N. ENVIRONMENTAL ASSOCIATES, INC. 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 an agreement on behalf of the City of Elgin with R.J.N. Environmental Associates, Inc. for the northeast interceptor sanitary sewer, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 247 MAY 8, 1991 VOLUME LV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Elgin Area $22,000.00 Second quarter payment Convention & Visitors Bureau Elgin, II:, Elgin Public Museum Elgin, II; Clarke Outdoor Spraying Co. Roselle, IL $ 4,000.00 44 percent of City's total share of Natural Sites Program $16,608.08 Mosquito control services Plasticasters, Inc. $18,110.00 Recycled plastic Morris, IL traffic dividers for Riverside Drive lower level Councilman Gilliam made a motion, seconded by Councilman Walters, to approve the above payments. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Popple 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. G29-91 AN ORDINANCE RECLASSIFYING PROPERTY AT 1520 BIG TIMBER ROAD AND GRANTING A SPECIAL USE FOR AN AUTOMOBILE LAUNDRY WHEREAS, written application has been made to reclassify certain property located at 1520 Big Timber Road from B-3 Service Business District to B-4 General Service District and for a special use for an automobile laundry; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for an automobile laundry be granted; and VOLUME LVI MAY 81 1991 248 WHEREAS, the City Council of the City of has reviewed the findings and recommendation Committee and concurs in its recommendation. Elgin, Illinois, of the Land Use 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 hereinbefore laid out in, the 'Zoning District Map', as amended, be and are hereby altered by excluding from the B-3 Service Business District and including in the B-4 General Service District the following described property: That part of Fractional Section 3, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the North line of Big Timber Road with the East line of Sleepy Hollow Road; thence northerly along the East line of Sleepy Hollow Road, a distance of 150.0 feet; thence easterly parallel with the North line of Big Timber Road, a distance of 150.0 feet thence southerly parallel with the East line of Sleepy Hollow Road, a distance of 150.0 feet to the North line of Big Timber Road; thence westerly along said North line, a distance of 150.0 feet to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for an automobile laundry, copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: 1. Compliance with the site plan prepared by Amoco Oil Company dated March 13, 1991. Ten continuous stacking spaces for the automatic wash bay. 3. Compliance with all other applicable nodes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. 249 MAY 8, 1991 VOLUME LV Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded; Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilme:mbers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G30-91 AN ORDINANCE AMENDING ORDINANCE NOS. G48-87 AND G45-90 AMENDING THE PLANNED UNIT DEVELOPMENT FOR A MEDICAL COMPLEX, SO AS TO PERMIT A HELIPORT AND TEMPORARY MOBILE MAGNETIC RESONANCE IMAGING FACILITY WHEREAS, written application has been made to amend the special use heretofore granted for a medical complex on certain property located within the City of Elgin and bounded by Cooper. Avenue, Slade Avenue,, Prospect Boulevard and Spring Street and on Center Street between Slade and Lincoln Avenues, all of which is"legally described below; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice in the manner required by law and has submitted its written findings and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Land Use Committee. VOLUME LVI MAY 8, 1991 250 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance Nos. G48-87 and G45-90 granting a special use for a medical complex be and are hereby amended by deleting Section 8 thereof and substituting in lieu thereof the following: "Section 8. That the special use for a medical complex at the following location: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Block 1 and Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block II and that part of vacated North Center Street lying Westerly of that adjoining said Lots 1 through 8 in Block II, all in Slade's Addition to Elgin, in the City of. Elgin, Kane County, Illinois. ALSO Lots 1, 2, 3, 4, 5, 6, 7 and S in Block IV of Congdon's 2nd Addition to Elgin, in the City of Elgin, Kane County, Illinois. ALSO Lots 11, 12, 13, 14 and 15 of Block 1, Grote and Waldron's 2nd Addition to Elgin, in the City of Elgin, Kane County, Illinois. ALSO Lots 16, 17, 18, 19 and 20 in Block 1 of Grote and Waldron's Second Addition to Elgin in the City of Elgin, Kane County, Illinois. ALSO, Lots 1, 2 and 3 in Block III .of Grote and Waldron's Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. heretofore granted be and is hereby amended so as to permit the construction, operation and maintenance of a medical office building, the replacement and expansion of the oxygen supply system, the expansion of surface parking, the relocation of the heliport, the construction and maintenance of a permanent Magnetic Resonance Imaging facility and the construction and maintenance of a temporary diagnostic and treatment facility, subject to the following: a. That the amended planned unit development shall be substantially in accordance with the Sherman Hospital Site Plan prepared by American Medical Buildings dated July 11, 1983, as amended by the proposed Sherman Hospital Site Plan prepared by Schmidt, Garden & Erikson, dated June 15, 1987, as amended by the Sherman Hospital Proposed Site Plan prepared by Walker Parking dated June 12, 1990, the Sherman Hospital MRI Facility Site Plan prepared by PDC Facilities, Inc. dated June 22, 1990 and the Sherman Hospital Parking Lot Plan prepared by Walker Parking Consultants, dated November 26, 1990, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 251 MAY 8, 1991 VOLUME LV b. That the medical office building shall be substantially as shown in the Medical office Building Elevation prepared by American Medical Buildings, a copy of which is attached hereto and incorporated by reference as Exhibit B. c. That the amended planned unit development shall be substantially in accord with the preliminary engineering plans prepared by American Medical Buildings, dated July 11, 1983, copies of which are attached hereto and incorporated by reference as Exhibit C. d. The Sherman Hospital Long Range Concept Plan prepared by Sherman Hospital and Schmidt, Garden & Erikson, dated July 11, 1983, is hereby acknowledged, referenced, and attached hereto as Exhibit D. e. Approximately ninety-four (94) parking spaces shall be provided at the southeast corner of Slade Avenue and Center Street (Lots 1, 2 and 3) of Block 3 of Grote and Waldron's Second Addition in the City of Elgin,, Kane County, Illinois). f. The location and spatial relationship of all structures and site improvements are to be in substantial conformance with the Sherman Hospital Site Plan prepared by American Medical Buildings, dated July 11, 1983, as amended. g. Oxygen tank expansion and replacement is to be in substantial conformance with Oxygen Tank Expansion and Replacement Site Plan prepared by American Medical Buildings, dated April 22, 1983, a copy of which is attached hereto and incorporated herein by reference as Exhibit E. h. No structural additions shall be permitted except a 36,000 square foot, 39 feet in height medical office building, and the oxygen tank expansion and replacement, except that the medical office building may also include a basement for mechanical equipment and storage. i. Any remodeling of existing structures shall be confined and designed strictly for accessory uses and shall not include physicians offices and related examination -treatment rooms for private practice and consultation. J. No more than thirty (30) physicians shall practice medicine in the medical office building at any given time. VOLUME LVI MAY 8, 1991 252 k. Site improvements and the parking :tall layout shall be constructed in substantial conformity with the Preliminary Engineering Plans prepared by American Medical Buildings, dated July 11, 1983, as amended. 1. Final engineering plans and specifications shall be filed in substantial conformity with the Preliminary Engineering Plans prepared by American Medical Buildings, dated July 11, 1983, as amended, and shall be reviewed and approved prior to or concurrently with the submission of building plans for the medical office building. M. The southeast surface parking lot located north of Slade Avenue shall be used as accessory parking for the medical office building. The approach to the southeast parking lot via the Center Street drive shall be used as an entrance and an exit. The Prospect Boulevard approach shall be used as an exit only. Appropriate signs and pavement markings are to be installed accordingly. n. The Center Street drive shall be widened to the south to improve westbound vehicular access to the parking structure and the southeast surface parking lot. o. All compact car parking stalls, 7.5 stall width, shall be clearly identified as such with appropriate signs and pavement markings. p. All site improvements and the restri,ping of the south surface parking lot located south of Slade Avenue shall be completed prior to the commencement of any construction work on the medical office building. All remaining surface parking lot improvements and restriping shall be completed prior to the issuance of any occupancy permit for the medical office building. q. The existing southeast parking lot located north of Slade Avenue shall be used exclusively for the construction of the medical office building, the storage of construction materials and equipment, and the parking of construction workers' automobiles from the commencement of any construction work on the medical office building until the issuance of the first occupancy permit for the medical office building. Construction materials and equipment shall not be stored and construction workers' automobiles are not to be parked within any other hospital parking facility or in or upon the public right-of-ways. 253 MAY 8, 1991 VOLUME LV r. Upon completion of all site improvements, the restriping of all surface parking lots, and construction of the medical office building, there shall be 845 parking spaces for the hospital (2.14 parking spaces per bed), 180 parking spaces for the medical office building (6 parking spaces per physician) and 21 required for the Magnetic Resonance Imaging facility, for a total of 1,046 off-street parking spaces. s. A car pooling program in cooperation with the Chicago Area Transportation Study, and a mass transportation program in cooperation with the Elgin Transportation Department and the Regional Transportation Department and the Regional Transportation Authority as approved by the City of Elgin shall be established within sixty (60) days after passage of this amendatory ordinance. t. That use and operation of the temporary diagnostic and treatment facility shall terminate no later than five years from initial occupancy. U. Operation and location of the heliport to remain in substantial conformance to Petitioner's Statement dated June 15, 1987, P.U.D. Application dated May 15, 1987, and Application for Certificate of Approval for heliport site dated January 23, 1987. v. The use of the heliport shall be limited to use as a restricted landing site for emergency medical purposes only. Emergency medical purposes shall include the transportation of critically injured persons in need of emergency care and emergency medical supplies, use by the State Department of Aeronautics in testing and licensing of the site as a restricted land area, and necessary orientation of operators of emergency landing helicopters. W. The location of the permanent Magnetic Resonance Imaging facility shall be in substantial conformance to the Sherman Hospital Proposed Site Plan prepared by Walker Parking dated June 12, 1990 and the Sherman Hospital MRI Facility Site Plan prepared by PDC Facilities, Inc. dated June 22, 1990. X. Future surface parking south of Slade Avenue and east shall proceed in a southerly contiguous manner according to subject to City of Elgin approval conformance with the Long Range Sherman Hospital dated July lot development of Center Street direction, in a a phasing plan and in substantial Concept Plan for 11, 1983. No VOLUME LVI MAY 8, 1991 254 residential demolitions are to take place unless the proposed parking development is approved by the Elgin City Council. y. Substantial compliance with the Sherman Hospital Parking Lot Plan prepared by Walker Parking Consultants dated November 26, 1990 with the addition of (1) a six (6) foot high solid wood fence on the east and south sides of the parking lot, and (2) that all lighting standards and fixtures shall not exceed fifteen (15) feet in height and lighting fixtures shall be shielded to contain all direct light rays with the parking area. Z. Compliance with all other applicable codes and ordinances." Section 2. That Ordinance No. G48-87, entitled "An Ordinance Amending Ordinance No. G33-83 Amending the Special Use for Planned Unit Development for a Medical Complex, so as to Permit a Heliport and Temporary Mobile Magnetic Resonance Imaging Facility" passed August 12, 1987, be and is hereby repealed. Section 3. That Ordinance No. G45-90, entitled "An Ordinance Amending Ordinance No. G48-87 Amending a Special Use for a Temporary Mobile Magnetic Resonance Imaging Facility" passed September 26, 1990, be and is hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 255 MAY 8, 1991 VOLUME LV F1 Councilwoman Popple 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 G31-91 AN ORDINANCE GRANTING A VARIATION FOR A SPECIAL SIGN DISTRICT WHEREAS, Sherman Hospital has applied for a variation from the zoning ordinance to permit the establishment of a special sign district on certain property located at 934 Center Street in the City of Elgin; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has recommended approval and submitted its written findings of fact; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendations of the Elgin Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin, Illinois„ hereby adopts the findings of the Land Use Committee that a special sign district be and is hereby created, the boundaries of which are legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Block I and Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block II and that part of vacated North Center Street lying Westerly of and adjoining said Lots 1 through 8 in Block II, all in Slade's Addition to Elgin, in the City of Elgin, Kane County, Illinois; AND ALSO Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block IV of Congdon's Second Addition to Elgin, in the City of Elgin, Kane County, Illinois; AND ALSO Lots 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 in Block I of Grote and Waldron's Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. VOLUME LVI MAY 8, 1991 256 AND ALSO Lots 1, 2 and 3 in Block II.I of Grote and Waldron's Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. subject to the following conditions: 1. That all signs erected in the special sign district by Sherman Hospital shall be in accordance with the Chart of Approved Signage and Sign Location Map, copies of which are attached hereto and made a part hereof by reference. 2. That prior to installation of new signs I, II, III and IV that Sherman Hospital provide a specific sign location map for review and approval by the Land Use Administrator. 3. Conformance to all other applicable codes and ordinances. Section 2. That Ordinance No. G23-81 entitled, "An Ordinance Granting a Variation for a Special Sign District" passed May 27, 1981, be and is hereby repealed. Section 3. That Ordinance No. G9-87 entitled, "An Ordinance Amending Ordinance No. G23-81 to Permit Flushmounted Signs" passed February 11, 1987, be: and is hereby repealed. Section 4. That Ordinance No. G22-87 entitled, "An Ordinance Amending Ordinance No. G9-87 Entitled 'An Ordinance Amending Ordinance No. G23-81 to Permit Flushmounted Signs" passed April 22, 1987, be and is hereby repealed. Section 5. That Ordinance No. G46-90 entitled, "An Ordinance Amending Ordinance Nos. G9-87 and G22-87 Granting a Variation for a Special Graphics District" passed September 26, 1990, be and is hereby repealed. Section 6. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 257 MAY 8, 1991 VOLUME LV SHERMAN HOSPITAL CHART OF APPROVED SIGNAGE sign "' Sign " ' sign sign Sign "' Identification Type Size Height Area A FS 31x4'6" 10' 13.5 B FS 3'x5' 5' 15 C FS 31x5' 5' 15 D FS 10'x4'6" 10' 45 E FS 10'x416" 10' 45 F FS 3'x5' 5' 15 H FS: 101x4'6" 10' 45 K FM .(Existing Grandfathered Sign) L FMI (.Existing Grandfathered Sign) M FMI 12'xl'3" Canopy Mounted 15 N FMI (Existing Grandfathered Sign) # 1 FS 31x5' 5' 15 # 2 FS 2'x 18" 8' 3 # 3 FS 2'x 18" 8' 3 # 4 FS 2'x. 18" 8' 3 # 5 FS 21x 181' 8' 3 # 6 FS 2'x 18" 8' 3 # 7 FS 21x 18" 8' 3 # 8 FS 2'x 18" 8' 3 # 9 FS (Awning Sign) #13 FS 31x5l 5' 15 #14 FM (Awning Sign) #15 FM (Awning Sign) #16 FS 911x8` 4' 6 #17 FS 3'x5' 5' 15 I FS 31x5' 5' 15 II FS 31x5' 5' 15 III FS 41x4' 6' 16 IV FS 2'x4' 413" 8 Sign Identification: Signs located pursuant to the Graphics Site Plan prepared by Sherman Hospital. See Attached Sign Location Map. Sign Type: FS=Freestanding FM=Flushmounted I=Illuminated "' Sign Area: The total surface area in square feet. VOLUME LVI MAY 8, 1991 258 Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Counclmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AN ANNEXATION AGREEMENT WITH KIMBALL HILL, INC. WHEREAS, the owners of certain property commonly known as Cobbler's Crossing, Unit 14 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 Amendment to Annexation Agreement with Kimball Hill, Inc. is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, an Amendment to Annexation Agreement with Kimball Hill, Inc., a copy of which is attached hereto. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 259 MAY 8, 1991 VOLUME LV Councilwoman Popple 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 PRELIMINARY PLAT FOR COBBLERS CROSSING UNIT 14 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Jen Land Design, Inc. dated January 21, 1991 and revised March 19, 1991 for Cobblers Crossing Unit 14. Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolo:nna Mecum Dolonna, Mecum, City Clerk RESOLUTI sl George VanDeVoorde George VanDeVoorde, Mayor 1L PLAT FOR CO] Councilwoman Popple 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 FINAL PLAT FOR COBBLERS CROSSING UNIT 14 BE :CT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Molloy & Associates, Ltd. dated April 4, 1991 for Cobblers Crossing Unit 14. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI MAY 8, 1991 Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk MUNICI Councilwoman Popple 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. 260 Ordinance No. G28-91 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of stop intersections under Section 11.32.030 the following: Jefferson Avenue. All vehicles being operated on Jefferson Avenue must stop at St. John Street before crossing or entering the same. St. John Street. All vehicles being operated on St. John Street must stop at Jefferson Avenue before crossing or entering the same. 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 by authority of the City Council. sl George VanDeVoorde George VanDeVoorde, Mayor 261 MAY 8, 1991 VOLUME LV Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 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, Gilliam, Moylan, Popple,'Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (356 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 Richard W. Burge and Marilyn J. Burge, for the property commonly known as 356 Seneca Street, a copy of which is attached hereto and made a part hereof by reference., sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI MAY 8, 1991 262 019 Councilwoman Popple 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 (464 St. John 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 Antonio Herrera and Maria A. Herrera, for the property commonly known as 464 St. John Street, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 -- Adopted: May 8, 1991 Vote: Yeas 7 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, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 263 MAY 8, 1991 VOLUME LV RESOLUTION APPROVING.CHANGE ORDER NO. 1 IN THE CONTRACT WITH ADVANCE MECHANICAL CONTRACTORS FOR THE RIVERSIDE HIGH SERVICE PUMP AND PUMPING ADDITIONS WHEREAS, the City of Elgin has heretofore entered into a contract with Advance Mechanical Contractors for the Riverside High Service Pump and Pumping Additions; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ING CHANGE ORDER NO. 2 IN Councilwoman Popple 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. 2 IN THE CONTRACT WITH ADVANCE MECHANICAL CONTRACTORS FOR THE RIVERSIDE HIGH SERVICE PUMP AND PUMPING ADDITIONS WHEREAS, the City of Elgin has heretofore entered into a contract with Advance Mechanical Contractors for the Riverside High Service Pump and Pumping Additions; and VOLUME LVI MAY 8, 1991 264 WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ION ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 2 Councilwoman Popple 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 AMENDMENT NO. 2 TO AN AGREEMENT WITH BLACK & VEATCH 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 Amendment No. 2 to an agreement on behalf of the City of Elgin with Black & Veatch for the Comprehensive Water Master Plan, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor 265 MAY 8, 1991 VOLUME LV Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ION OF A PLAT OF Councilwoman Popple 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 PLAT OF DEDICATION FOR RIGHT OF WAY PURPOSES (Woodbridge North) 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 Plat of Dedication for right of way purposes in the Woodbridge North Subdivision for the property legally described as follows: Those parts of the Northeast 1/4 of the Northwest 1/4 of Section 28 and the Southeast 1/4 of the Southwest 1/4 of Section 21, both in Township 41 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of College Green Drive as dedicated in College Green Unit 5, being a subdivision in that part of the Northeast Quarter of Section 28, aforesaid, recorded as Document 1982842 thence S 10 40' 2:9" E (S 00 27' 2211) W record) along the East line of the Northwest 1/4 of Section 28, aforesaid, a distance of 70.00 feet to the Southwest corner of said College Green Drive; thence S 88' 19' 31" W at right angles to last described line, a distance of 194.90 feet to a point of curvature; thence northwesterly along an arc of a circle, convex to the Southwest, having a radius of 385.00 feet, the chord thereof having a bearing of N 630 40' 07" W and a length of 361.57 feet, an arc -distance of 376.38 feet to a point of tangency; thence N 350 39' 45" W, a distance of 181.47 feet to a point of curvature; thence northwesterly along an arc of a VOLUME LVI MAY 8, 1991 266 circle, convex to the Northeast, having a radius of 665.00 feet, the chord thereof having a bearing of N 47" 24' 03" W and a length of 270.58 feet, an arc -distance of 272.48 feet to a point of compound curvature; thence northwesterly along an arc of a circle, convex to the Northeast, having a radius of 602.00 feet, the chord thereof having a bearing of N 75" 30' 07" W and a length of 339.19 feet., an arc -distance of 343.84 feet to a point of tangency, said point being on a line 45.00 feet South of, as measured at right angles to and parallel with the centerline of College Green Drive as dedicated in Woodbridge North Unit One, being a subdivision of part of the West half of the Southwest quarter of Section 21, aforesaid, according to the plat thereof recorded August 31, 1990 as Document Number 90K45547; thence S 88" 08' 07" W along last described parallel line, a distance of 150.59 feet to a point on a line, which line is 10.00 feet East of, as measured at right angles to, and parallel with the East line of Randall Road as dedicated per Document Numbers 778658 and 796258; thence N 1" 51' 53" W along said parallel line, a distance of 90.00 feet; thence N 88" 08' 0711 E, a distance of 82.48 feet to a point of tangency; thence southeasterly along an arc of a circle, convex to the Northeast, having a radius of 798.00 feet, the chord thereof _. having a bearing of S 75" 30' 07" E and a length of 449.62 feet, an arc -distance of 455.79 feet to a point of compound curvature; thence southeasterly along an arc of a circle, convex to the Northeast, having a radius of 735.00 feet, the chord thereof having a bearing of S 47" 24' 03" E and a length of 299.06 feet to a point of curvature; thence S 35" 39' 45" E, a distance of 181.47 feet to a point of tangency; thence southeasterly along an arc of a circle, convex to the Southwest, having a radius of 315.00 feet, the chord thereof having a bearing of S 63" 40' 07" E and a length of 295.83 feet, an arc -distance of 307.94 feet to a point of curvature; thence N 88" 19'31" E, a distance of 194.90 feet to the place of beginning, in Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Dedication to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. sl George VanDeVoorde George VanDeVoorde, Mayor 267 MAY 8, 1991 VOLUME LV Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna :Mecum, City Clerk Councilwoman Popple 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 PLAT OF EASEMENT FOR STORM WATER DETENTION (Woodbridge North) 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 Plat of Easement for storm water detention in the Woodbridge North Subdivision for the property legally described as follows: That part of the West 1/2 of the Southwest 1/4 of Section 21, Township 41 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of the Northwest 1/4 of the Southwest 1/4 of said Section 21; thence N 0" 55' 07" W along the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 21, a distance of 305.00 feet; thence S 891 04' 5311 W, at right angles to last described line, a distance of 247.76 feet to a point on a line which is 10.00 feet easterly of, as measured at right angles to, and parallel with the easterly right-of-way line of Randall Road as dedicated per Document Numbers 796258 and 778658; thence S 300 31' 23" E along said parallel line, a distance of 135.73 feet to a point of curvature; thence southeasterly and continuing along a radial line, said line being an arc of a circle, convex to the Northeast, having a radius of 1612.72 feet, the chord thereof having a bearing of S 26' 15' 14" E and a length of 240.11 feet, an arc -distance of 240.33 feet; thence N 681 00' 55" E, VOLUME LVI MAY 8, 1991 268 a distance of 83.54 feet to the place of beginning, in Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A PLAT OF Councilwoman Popple 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 PLAT OF EASEMENT FOR PUBLIC UTILITIES (Woodbridge North) 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 Plat of Easement for public utilities in the Woodbridge North Subdivision for the property legally described as follows: That part of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Northwest 1/4 of the Southwest 1/4 of Section 21; thence N 00 55' 07" W along the East line of the Northwest 1/4 of said Southwest 1/4, a distance of 305.00 feet to the place of beginning; thence continuing N 00 55' 07" W along said East line, a distance of 575.00 feet; thence S 890 04' 53" W, a 269 MAY 8, 1991 VOLUME LV distance of distance of distance of Kane County, 20.00 feet; 575.00 feet; 20.00 feet to Illinois. thence S 00 55' 07" E, a thence N 890 04' 53" E. a the place of beginning, in BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor WWWURM Councilwoman Popple 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 PLAT OF EASEMENT FOR PUBLIC UTILITIES AND DRAINAGE (Woodbridge North) 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 Plat of Easement for public utilities and drainage in the Woodbridge North Subdivision for the property legally described as follows: Those parts of the Southeast 1/4 of the Southwest 1/4 of Section 21, and the Northeast 1/4 of the Northwest 1/4 of Section 28, both in Township 41 :North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of Woodbridge North Unit One, being a subdivision of part of the West half of the VOLUME LVI MAY 8, 1991 270 Southwest Quarter of Section 21, aforesaid, according to the plat thereof recorded August 31, 1990 as Document Number 90K45547, said point being on the West line of Randall Road as dedicated per Document Number 1084920; thence N 10 51' 53" W, a distance of 122.08 feet to a point which is 10.00 feet S 10 51' 53" E of the Southeast corner of College Green Drive as dedicated in Woodbridge North Unit One, aforesaid; thence N 880 08' 07" E at right angles to last described line, a distance of 150.00 feet to a point on a line which is 10.00 feet East of the East line of Randall Road, aforesaid and the place of beginning; thence continuing N 880 08' 07" E, a distance of 10.00 feet; thence S 1° 51' 53" E, a distance of 125.00 feet; thence S 880 08' 07" W, a distance of 10.00 feet; thence N 11 51' 53" W, a distance of 125.00 feet to the place of beginning, in Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor ON OF Councilwoman Popple 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. 271 MAY 8, 1991 VOLUME LV Ordinance No. S6-91 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (246 North Spring Street) WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to construct and maintain a public building and right of way upon certain property; and WHEREAS, in order to construct and maintain said public building and right of way, it is necessary to acquire certain property hereinafter described; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the construction and maintenance of a public building and right of way is within the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it is 'hereby determined that certain property in the City of Elgin, Kane County, Illinois, hereinafter described, be acquired for the purpose of constructing and maintaining a public building and right of way for the benefit of the public. Section 2. That it is hereby determined that it is necessary and desirable that the City of Elgin shall acquire title to and possession of the following described real property, which property is necessary, required and needed for the purpose of constructing and maintaining a public building and right of way, lying wholly within the limits of the City of Elgin, to wit: North Lot 1 and an 8foot strip of land lying West of and adjoining the same, and also that part of North Lot 2 and an 8 foot strip of land lying West of and adjoining the same in Joseph Pabst's Subdivision of Lots 25, 26 and 47 in Phineas J. Kimball Junior's Second Addition to Elgin, described as follows: Beginning at the Northeast corner of said North Lot 2; thence South along the East line of said North Lot 2, 27.58 feet; thence westerly 232.36 feet to a point on the West line of said 8 fool. strip, 27.36 feet South of as measured along the West line of said 8 foot strip, the North line extended West of said North Lot 2; thence North along the West line of said 8 foot strip, 27.16 feet VOLUME LVI MAY 8, 1991 272 to the North line extended West of said North Lot 2; thence East along the North line extended West and along said North line of said North Lot 2, to the point of beginning, in the City of Elgin, Kane County, Illinois. Section 3. That Larry L. Rice, City Manager of the City of Elgin, be and is hereby authorized, empowered and directed to negotiate for and on behalf of the City of Elgin with the owner or owners of the above described real property for the purchase of the real property described by the City of Elgin. Section 4. That the City Manager be and is hereby authorized to offer $210,000 as and for compensation to the owner or owners of the above -described property. Section 5. In the event that the City Manager is unable to agree with the owner or owners of said property as to compensation to be paid therefore, in accordance with the provisions of this ordinance, then title to and possession of said property shall be acquired by the City of Elgin in accordance with the laws of eminent domain of the State of Illinois, and the Corporation Counsel is hereby authorized, empowered and directed to institute appropriate proceedings in any court of competent jurisdiction to acquire title to and possession of said property for the City of Elgin in accordance with the eminent domain laws of the State of Illinois. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 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, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 273 MAY 8, 1991 VOLUME LV RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE'CONTRACT WITH PYRAMID CONCRETE & BLACKTOP FOR THE ELGIN PEDESTRIAN AND BIKE PATH WHEREAS, the City of Elgin has heretofore entered into a contract with Pyramid Concrete & Blacktop for the Elgin Pedestrian and Bike Path; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Committee of the Whole Minutes for April 17, 1991 Special Meeting (Community Development Block Grant) Committee of the Whole Minutes for April 24, 1991 Liquor Commission Minutes for April 3, 1991 Liquor Commission Minutes for April 24, 1991 Special Meeting Planning Committee Minutes for April 17, 1991 Parks and, Recreation Board Minutes for March 19, 199 Transportation Operations Report for February 1991 Water Department Accounts Receivable for April 1991 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. VOLUME LVI MAY 8, 1991 274 Councilwoman Moylan made a motion, seconded by Councilman Walters, to approve the payment of the invoice for fence on Diamond #2 for the National Little League in the amount of $10,000. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Walters made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT (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 written lease agreement with Walter Heubaum for the premises commonly known as 355 Seneca Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RECOGNIZE PERSONS PRESENT Brenda Delhotal of 1990 Stanford Court requested that consideration be given to establishing a park in the area of Belmont and Gale Streets. Planning Director Roger Dahlstrom stated that the city owns property in that area known as the Gale Street wetlands. Ms. Delhotal indicated that this was the property she was referring to. The Mayor informed her 275 MAY 8, 1991 VOLUME LV that this request would be looked into, and he asked that Parks Director Ross Ricks report back to Ms. Delhotal. Brenda Topkin of Stanford Court addressed the Council regarding a dropoff at the end of their court. People are dumping all kinds of trash, and her son fell down the hill. She stated that it is a hazard, and there are a lot of kids that live in that court. BIS Superintendent Gordon Burkart advised the Council that BIS had inspected the site today and found tree limbs and other trash had been dumped in this area, despite a posted "No dumping" sign. Councilman Gilliam asked whether this site could be blocked off, and Mr. Burkart stated that this possibility would be investigated. Virgil Delfeno of DeKalb advised the Council that he and his partner would like to open a billiard hall in Elgin and want to know what the requirements and procedures are. Mayor VanDeVoorde suggested he contact the Planning Department for specific information. Judy Coletti-Digison of 1324 Algonquin, advised the Council that at the last open gym, the kids the Mothers Against Gang (MAG) having been working with asked that she thank the councilmembers for awarding community block grant funds to MAG and to pass out flyers inviting them to come to the next open gym so they can see how the money is being used. ANNOUNCEMENTS Mayor VanDeVoorde made announcements regarding forthcoming meetings. ADJOURNMENT Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adjourn the Council meeting and go into Executive Session to discuss personnel. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting adjourned at 9:10 p.m. Dolonna Mecum, Cit Clerk VOLUME LVI MAY 22, 1991 276 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on May 22, 1991, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:00 P.M. The Invocation was given by Councilwoman Moylan, and the Pledge of Allegiance was led by Councilwoman Yearman. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. MINUTES OF THE MAY 8, 1991 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilman Fox, to approve the May 8, 1991 Council Minutes as published. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS POLICE DEPARTMENT AWARDS PRESENTATIONS The following officers and communications operators were honored at the Tenth Annual Elgin Police Department Awards Ceremony: Sergeant James Kelly Patrol Officer Greg Welter Primary Communications Operator Lynn Czischki. Communications Operator Carol Tucker Senior Patrol Officer Robert Christ Patrol Officer Emmett Moneyhun Patrol Officer John Demmin Youth Officer Brad R. Entler Detective William T. Linder Patrol Officer Robert Nelson Patrol Officer Jesse Padron Patrol Officer Donald Thiel Patrol Officer Fred Ufland Distinguished Service Commendation Distinguished :Service Commendation Distinguished Service Commendation Distinguished Service Commendation Meritorious Service Award Class AAA Meritorious Service Award Class AAA Meritorious Service Award Class AA Meritorious Service Award Class A Meritorious Service Award Class A Meritorious Service Award Class A Meritorious Service Award Class A Meritorious Service Award Class A Non -Departmental Award --First American Legion Post #57 Officer of the Year - 1990 277 MAY 22, 1991 VOLUME LVI Patrol Officer Jesse Padron Non -Departmental Award --First American Legion Post #57 Officer of the Year - 1990 Patrol Officer Edward Cummings Non -Departmental Award -First Warren Award - P.T.I. BID AWARDED FOR FOURTH OF JULY FIREWORKS DISPLAY Councilwoman Moylan made a motion, seconded by Councilman Walters to award this contract to the overall, low bidder, Bartolotta's Fireworks Companyfor a total not to exceed $10,000.00. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR FIRE HYDRANTS Councilman Walters made a motion, seconded by Councilwoman Popple, to award this contract to the overall, low bidder, U.S. Pipe & Foundry Company for $26,463.00. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR TANDEM AXLE TRAILER Councilman Fox made a motion, seconded by Councilwoman Yearman, to award this contract to the overall, low bidder, Steve's Equipment Service, Inc. for $14,438.00. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Walters made a motion, seconded by Councilman Fox, to approve Petition 30-91. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 2.52 ENTITLED Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI MAY 22, 1991 278 Ordinance No. G33-91 AN ORDINANCE AMENDING CHAPTER 2.52 ENTITLED "POLICE DEPARTMENT" REGARDING PROBATIONARY PERIODS WHEREAS, the City of Elgin is a home rule unit within the meaning of the Illinois Constitution, 1970, and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, providing for the appointment and promotion of members of the Police Department of the City of Elgin is a matter pertaining to its government and affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.52 entitled "Police Department" of the Elgin Municipal Code, 1976, as amended, be and is further amended by amending Section 2.52.175(A) to read as follows: 2.52.175 Probationary Periods A. Appointees to the position of police patrolman shall be subject to and considered on an eighteen (18) month period of probation. Provided, however, said probationary period may be extended not more than six (6) months in the following situations: 1. When a probationary appointee is assigned to and works in an undercover operation during the first eighteen months (18) of employment as a police officer, the probationary period shall be extended to equal the number of days involved in such assignment or six (6) months, whichever is less. 2. When a probationary appointee enters the United States armed forces during the first eighteen (18) months of employment as a police officer, the probationary period shall be extended to equal the number of days involved in such duty or six (6) months, whichever is less. 3. When a probationary appointee is unable to perform normal duties due to illness or non -duty related injuries for an extended - length of time during the first eighteen (18) months of employment as a police officer, the 279 MAY 22, 1991 VOLUME LVI probationary period shall be extended to equal the number of days in which the probationary appointee was so ill or injured or six (6) months, whichever is less. Section 2. Only non -probationary employees may sit for promotional examinations. Section 3. All appointees to the position of police patrolman shall have attained the age of 21 years. No maximum age limit for such appointees shall apply. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 22, 1991 Passed: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk 0,11 d Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt: the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilman Gilliam. RESOLUTION APPROVING PAYOUT FROM THE OLD MAIN RESTORATION ESCROW ACCOUNT WHEREAS, the City of Elgin is the owner of certain real property upon which is a structure commonly known as Old Main; and VOLUME LVI MAY 22, 1991 280 WHEREAS, the City of Elgin and the Elgin Historical Society have entered into an agreement wherein Old Main is to be renovated and occupied by the Historical Society as a historical museum; and WHEREAS, pursuant to said agreement the plans and contract documents of such renovation are subject to the prior approval of the City of Elgin; and WHEREAS, on March 22, 1989 the City of Elgin, the Elgin Area Historical Society and the First National Bank. of Elgin (escrowee) entered into an escrow agreement which established the Old Main Restoration Account and authorized the escrowee to make payments from said account on the written direction of the City of Elgin and the Historical Society; and WHEREAS,, renovation work has been continuing and application has now been made for the payment of $10,626.42 from the escrow account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the First National Bank of Elgin is authorized and directed to release funds from the Old Main Restoration Account in the following amounts to the following suppliers: Midwest Woodwork & Veneering, Inc. $ 3,153.32 D & J Design Company 663.00 Firecraft Door Company 663.00 Plass 50.00 LMD 2,737.10 Enhanced Interiors 535.00 Bernie Idstein 2,825.00 $ 10,626.42 per the written direction of the Elgin Area Historical Society dated May 15, 1991, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 6 Nays 1 Recorded: Attest: S1 Nancy Roll Nancy Roll, Deputy Clerk 281 MAY 22, 1991 VOLUME LVI Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO A PARATRANSIT GRANT AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to execute an amendment to a paratransit grant agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for the extension of the paratransit grant agreement through June 12, 1991, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS D.H. Margin Petroleum $7,548.10 Purchase of Gasoline Elgin, IL First Federal Devel- $30,315.04 Reimbursement for Over- opment Corp. sizing Watermain for Elgin, II, Hickory Ridge Elgin National $10,000.00 Fence Improvement for Little League and Little League at Summit Fox Valley Fence Co. Street and Hiawatha Elgin, IL Drive VOLUME LVI MAY 22, 1991 282 Mileage Well & Pump $36,132.38 Pump, Motor and Deep Wheeling, IL Well for Airlite Street Water Treatment Plant Neighborhood Housing $2,659.18 First Quarter Payment Services of Elgin for NHS Program Councilman Gilliam made a motion, seconded by Councilman Walters, to approve the above payments. Yeas: Counci.lmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. A DAY CARE CENS Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G32-91 AN ORDINANCE GRANTING A SPECIAL USE FOR A DAY CARE CENTER (735 Dundee Avenue) WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a day care center at 735 Dundee Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a day care center at 735 Dundee Avenue, Elgin, Illinois, legally described as follows: McBride Heir's Second Addition Except North 10 feet Lot 5 and Lot 6, Block 4, in the City of Elgin, Kane County, Illinois. 283 MAY 22, 1991 VOLUME LVI be and is hereby granted subject to the following conditions: 1. Substantial conformance with the site plan, prepared by RMD and Associates, dated February 20, 1991. 2. Compliance with all other applicable codes and ordinances. Section 3. That Ordinances G21-85 and G1-90 granting a special use for an antique automobile repair garage are hereby repealed. Section 4. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after May 28, 1991.. Presented: May 22, 1991 Passed: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk sl George VanDeVoorde George VanDeVoorde, Mayor TO Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPOINTING MEMBERS TO THE HEMMENS ADVISORY BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Timothy P. Atchison be and is hereby appointed as a member of the Hemmens Advisory Board for a term to expire May 1, 1994. VOLUME LVI MAY 22, 1991 284 BE IT FURTHER RESOLVED that Patricia Surbella be and is hereby appointed as a member of the Hemmens Advisory Board for a term to expire May 1, 1994. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING FOR MAINTENANCE THE UNDERGROUND IMPROVEMENTS IN RANDALL RIDGE SUBDIVISION, UNITS 1 AND 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the underground improvements, which include water main, storm sewer and sanitary sewer in Randall Ridge Subdivision, Units 1 and 2. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk 285 MAY 22, 1991 VOLUME LVI OF THE Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION DESIGNATING DEPOSITORIES FOR FUNDS OF THE CITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following banks are hereby designated as depositories for the funds of the City of Elgin: The First National Bank of Elgin American National Bank Continental Illinois National Bank and Trust of Chicago The First National Bank of Chicago Citibank, NA Amalgamated Trust and Bank Elgin Federal Financial Center. Home Federal Savings and Loan Association First Federal Savings and Loan Association Citicorp Savings First Bank Southeast of Lake Geneva, NA 6 Fountain Square Plaza Elgin, Illinois 24 East Chicago Street Elgin, Illinois 231 South LaSalle Street Chicago, Illinois One First National Plaza Chicago, Illinois 399 Park Avenue New York, New York One West Monroe Street Chicago, Illinois 176 East Chicago Street Elgin, Illinois lb North Spring Street Elgin, Illinois 28 North Grove Avenue Elgin, Illinois 1 South Dearborn Street Suite 1626 Chicago, Illinois 303 Center Street Lake Geneva, Wisconsin Palmer American National Bank Danville, Illinois sl George VanDeVoorde _ George VanDeVoorde, Mayor VOLUME LVI MAY 22, 1991 286 Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk AUTHORIZING Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (313 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 Dorothy Dickerson and Fred Busche, for the property commonly known as ,313 Summit Street, a copy of which is attached hereto and made a part hereof by reference. Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s'l Nancy Roll Nancy Roll, Deputy Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor ON Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 287 MAY 22, 1991 VOLUME LVI RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (212 Michigan Avenue) BE: IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Philip Wickland, for the property commonly known as 212 Michigan Avenue, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH WIL-FREDS CONSTRUCTION FOR THE SLADE AVENUE WATER FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract with Wil-Freds Construction for the construction of the Slade Avenue Water Facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. VOLUME LVI MAY 22, 1991 NOW, THEREFORE, BE IT RESOLVED BY CITY OF ELGIN, ILLINOIS, that Larry L. and is hereby authorized and directed No. 1, a copy of which is attached hereof by reference. Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk THE CITY COUNCIL OF THE Rice, City Manager, be to execute Change Order hereto and made a part sl George VanDeVoorde George VanDeVoorde, Mayor Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH WIL-FREDS CONSTRUCTION FOR THE SLADE AVENUE WATER FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract with Wil-Freds Construction for the construction of the Slade Avenue Water Facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor MAY 22, 1991 VOLUME LVI Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH WIL-FREDS CONSTRUCTION FOR THE SLADE AVENUE WATER FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract. with Wil-Freds Construction for the construction of the Slade Avenue Water Facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 3, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. 3, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Nancy Roll Nancy Roll, Deputy Clerk VOLUME LVI MAY 22, 1991 Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH CLARK DIETZ, INC. FOR ENGINEERING SERVICES FOR THE SLADE AVENUE WATER FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract with Clark Dietz, Inc. for engineering services for the Slade Avenue Water Facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. NOW, THEREFORE, BE CITY OF ELGIN, ILLINOIS, and is hereby authorize No. 2, a copy of which hereof by reference. Presented: May 22, 1991 Adopted: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk IT RESOLVED BY THE CITY COUNCIL OF THE that Larry L. Rice, City Manager, be d and directed to execute Change Order is attached hereto and made a part s/ George VanDeVoorde George VanDeVoorde, Mayor fl Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 291 MAY 22, 1991 VOLUME LVI Ordinance No. 57-91 AN ORDINANCE DESIGNATING LORD'S PARK PAVILION AS A HISTORICAL LANDMARK WHEREAS, the Elgin Heritage Commission has conducted a public hearing and determined that the Lord's Park Pavilion meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation as a historical landmark; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate the Lord's Park Pavilion as a historical landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Lord's Park Pavilion, located upon the property legally described as follows: Block number one (1) of Oakwood Park according to the plat thereof recorded in the Recorder's Office in said Cook County (said real estate lying and being within the limits of the City of Elgin) containing about fifty (50) acres more or less. be and is hereby designated as a historical landmark as provided in Chapter 20.04 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of the ordinance, and record a certified copy of the ordinance in the office of the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde _ George VanDeVoorde, Mayor Presented: May 22, 1991 Passed: May 22, 1991 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk VOLUME LVI MAY 22, 1991 292 REPORTS RECEIVED AND ORDERED PLACED ON FILE Committee of, the Whole Minutes for May 8, 1991 Land Use Committee Minutes for April 15, 1991 Planning Committee Minutes for May 1, 1991 Special Meeting Motor Fuel Tax Audit Report for 1989 Building Permit Report for April 1991 Work Management System Report for April 1991 Transportation Operations Report for March 1991 April Disbursement Report Councilman Gilliam made a motion, seconded by Councilman Fox, to place the above reports on file as published. Yeas: Council - members Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Gary Huffman of Parkwood East addressed the Council regarding the risks related to electromagnetic fields and their effects upon the public health. His objectives are (1) that the recently strung lines on the east side of Elgin not be activated on June 1 as Commonwealth Edison is planning, (2) to suggest that the City Council set a limit as to the amount of milligauss effect upon residential property, and (3) to bring to the Council's attention that there is a bill in the state legislature that will set a statewide limit on milligauss allowed on residential property. Shelley Wasmond, Administrator of Little Angels Nursing Home, spoke regarding the adverse economic effects of electro- magnetic fields. A proposed expansion of the Little Angels Nursing Home was rejected by HUD based solely upon its proximity to the Commonwealth Edison power lines. Councilwoman Popple questioned if Shelley Wasmond had talked with Commonwealth Edison after the rejection by HUD. Ms. Wasmond stated that she has talked extensively with Commonwealth Edison in consideration of pursuing an appeal of the decision, however the financial resources to appeal successfully are not available. Bill Sarto stated that it seems everyone is trying to figure out whose responsibility it is to handle this situation with the federal, state and local levels each saying it is the other's responsibility. He asked the City Council to set a limit on milligauss level to 1.5 or 2.0 and to encourage Commonwealth Edison to comply with those standards, as the Village of Lincolnwood is attempting to do. Mr. Sarto plans to file a formal complaint within the next couple of weeks with the Illinois Commerce Commission against Commonwealth Edison. 293 MAY 22, 1991 VOLUME LVI Mayor VanDeVoorde stated that this is a national problem and --, the federal government is considering a five year study as the facts are not clear. Bill Sarto pointed out that under the Home Rule Act a home rule unit may exercise any power and perform any function pertaining to its government and affairs, including but not limited to the power to regulate for the protection of the health, safety, morals and welfare, to license, to tax and to incur debt. He stated that under that statute he believed the City of Elgin had the right and responsibility to regulate the utility. Corporation Counsel Jentsch stated that the argument that a home rule unit may act to regulate a public utility was decided in cases originating in Chicago and in each case the appellate court said that it is not within the government and affairs of a home rule unit to regulate a public utility, but rather the Illinois Commerce Commission`' has the exclusive authority to regulate public utilities. That has been the law in the state since 1913 and the Illinois appellate court concluded that the new constitution does not change the law. It appears that the course Mr. Sarto described of filing a complaint with the Illinois Commerce Commission is the appropriate method as they are given supervision over utilities. Robert Beckmeyer, 875 W. Chicago Street, spoke regarding protecting the public from hazards imposed on residents by public utilities. Dan Drakewood, who lives near the power lines, requested clarification regarding the city`s power and authority to regulate utilities and questioned who owns the easements upon which the power lines are located. Corporation Counsel Jentsch stated that the power lines are located on a right of way owned by Commonwealth Edison. Mayor VanDeVoorde said the Council is assembling all the facts it can and when there is clear cut action that the Council can take based on scientific facts, the Council will support that action. Glenn Roth, 1365 Adler Lane, favored the five year study by the government, but is concerned about people's homes and lives that are in the balance. Mayor VanDeVoorde would like to see a program where five to ten percent of the lines would be buried each year. Although it is unknown if it is safer, aesthetically the community would look better, although the cost of such an undertaking is -- almost unbearable. There is also a new area where power lines VOLUME LVI MAY 22, 1991 294 can counteract each other thereby reducing the electromagnetic force. William Caravas requested that the city consider limiting new construction near power lines. Cheryl Leske, Vice Chair of the Elgin Board of Realtors, expressed her concern over the effect of electromagnetic fields on property values. Councilwoman Moylan asked Ms. the Elgin Board of Realtors, if lines are selling for any less? Leske, as a representative of homes bordering on these power Cheryl Leske responded that homes have not sold for less yet, but believes it will be a problem very similar to the radon. Councilman Walters -asked if there has been any denial of insurance on homes that have sold near the power lines. Cheryl Leske again stated that to date there have been no denials, but believes eventually there may be. Bill Sarto pointed out once again that he will file an action with the Illinois Commerce Commission. He stated that the state cannot be expected to make a blanket policy before local communities start doing something. The state will react when it sees city councils like Elgin do something about it. Councilman Fox stated that the City Council is behind the filing of the complaint with the Illinois Commerce Commission. Elizabeth Ilickovich of Commonwealth Edison stated that the utilities cooperate with the Electric Power institute to study alleged dangers of power lines. Commonwealth Edison is approaching this topic seriously. Lines are strung with a reverse configuration which minimizes or cancels the effect of the electromagnetic field. The lines that will be activated along Shales Parkway on June I have adopted the reverse configuration and there should not be a dramatic difference in the electromagnetic field. Councilwoman Popple suggested that Commonwealth Edison work with Little Angels to appeal the decision of HUD. HUD 's decision is an economic decision effecting livelihood and is very serious. Ms. Ilickovich stated that she is working with Shelley Wasmond . and hopes to move forward on this issue. Mayor VanDeVoorde made announcements regarding forthcoming meetings. 295 MAY 22, 1991 VOLUME LVI ADJOURNMENT Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adjourn the Council meeting. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting adjourned at 9:25 p.m.. Nancy RoIJ, Deputy Clerk