The URL can be used to link to this page

Home My WebLink About94-10VOLUME LIX OCTOBER 12, 1994 515 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on October 12, 1994, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:10 p.m. The Invocation was given by Chaplain Ed Hunter, and the Pledge of Allegiance was led by Councilman Fox. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. 8, 1994, COUNCIL:MEETING APPROVED AS PUBLI Councilwoman Popple made a motion., seconded by Councilman Fox, to approve the 'September 28, 1994, Council Minutes as published. Yeas: Councilmembers Fox, Gilliam,.Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS PRESENTATION OF A CITY OF ZION RESOLUTION OF COMMENDATION ELGIN ROLICE OFFICER RONALD SPEJCHER Deputy Chief Warren Heine presented the City of Zion resolution commending Officer Ronald Spejcher for his exemplary police work and assistance in the apprehension of the offenders of an armed robbery and the recovery of the stolen property. Officer Spejcher is the City of Elgin's only Bicycle Patrol Officer and was training with the City of Zion's Bicycle Patrol Unit when the officers came upon an armed robbery in progress. NATION DECLARING THE MONTH OF OCTOBER 1994 TIES MONTH IN ELGIN Councilman Walters introduced Clare 011ayos, Chairman of the Cultural Arts Commission, and read a proclamation declaring the month of October 1994 as Arts and Humanities Month in Elgin. Councilwoman Popple made a motion, seconded by Councilman Fox, to adopt the aforementioned proclamation. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 516 OCTOBER .12, 1994 VOLUME LiX RECOGNIZE PERSONS PRESENT The following persons spoke regarding the need for the Department of Code Administration to employ more Hispanic and bilingual personnel: Angie Negron, Jane Barbosa, John P. Wentland and Sheri Buttstadt. Peter Simon, Elgin Riverboat Resort, presented a check in the amount of $80,506.35 which represents the quarterly rent payment for the current period through December 31, 1.994. He also reported that for the period October 6-1.0, 1994, the state was paid $445,881.08 in gross gaming taxes (of which $11,470.27 will be coming to Elgin) and $93,948.00 in admission taxes (of which $4.6.,974.00 will be coming to Elgin). Joan Donohue, 2133 Colorado Ave, spoke on behalf of concerned residents on Colorado Avenue regarding the property on the south side of Royal Boulevard west of the existing residential area and east of Rosewood Nursing Facility. It is currently zoned AB Commercial, and they are requesting that it.be rezoned CF Community Facility. Residents are upset with the prospect of a commercial development being built in this area. They feel it would affect property values, increase traffic on an already busy street, and crime would increase as a result of the proposed 24-hour convenience store. She reported that concerned citizens will be appearing before the Zoning and Subdivision Board to express their concerns. Hugh McGowan, 1975 Monday Drive, requested that the council consider banning the use of tobacco products in city parks. He observed adults smoking in the presence of children at Drake Field during a sporting event and felt that it was not setting a good example for the children. NYSCA (National Youth Sports Council Association) is an organization that has a spectators' code of ethics that mandates a drug, alcohol and tobacco -free sports environment. He would like to see the Council adopt this policy. City Manager Helwig reported he received a letter from the Hispanic Network regarding their concerns for the need of bilingual personnel in the Department of Code Administration. He will be meeting with Code Administration Director Webb and Human Resources Director Folarin to discuss the items outlined in their letter. He will report back to the Hispanic Network with the results of the meeting. VOLUME.LIX OCTOBER 12, 1994 517 BID AWARDED FOR VIDEO PRODUCTION SERVICES FOR THE POLICE DEPARTMENT'S "EL PROTECTOR" GRANT PROGRAM Councilwoman Popple made a motion, seconded by Councilman Schock, to award the contract to Rick Simon Production Company for the production of four public service announcements for a total cost of $12,800.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. CONSIDERATION OF PETITION 10--94 REMAINS ON THE TABLE REQUESTING PRELIMINARY PLAT APPROVAL FOR HEARTLAND MEADOWS SUBDIVISION• PROPERTY LOCATED AT 2275 BOWES ROAD; BY SUNDANCE HOLDINGS, INC., AS APPLICANT AND OWNER Consideration of Petition 10-94 will be considered at the October 25, 1994 meeting. PETITION 7-94 APPROVED RE UESTING FINAL PLAT APPROVAL FOR COLLEGE PARK SQUARE SUBDIVISION PROPERTY LOCATED AT 2425 SOUTH STREET; BY BURNIDGE PROPERTIES,...LIMITED, AS APPLICANT AND OWNER Following discussion regarding the conflicting interpretations of the prohibited use list associated with the Planned AB portion of this development, Councilman Gilliam made a motion, seconded by Councilman Fox, to reconsider and discuss Ordinance G52-94 that was passed by Council on September 28, 1994. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Fox made a motion, seconded by Councilman Gilliam, to delete eating places from the prohibited use list on Ordinance G52-94. No vote was taken. Councilman Schock made a motion, seconded by Councilwoman Popple, to table discussion of Ordinance G52-94. Yeas: Councilmembers Popple, Schock, Walters, and Yearman. Nays: Councilmembers,Fox, Gilliam, and Mayor VanDeVoorde. Staff was directed to listen to the tapes of the September 28, 1994,'meeting to determine which items were to be included on the prohibited use list and report back to Council. Councilman Fox made a motion, seconded by Councilman Schock, to approve Petition 7-94 requesting final plat approval, subject to conditions. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 518 OCTOBER 12,.1994 VOLUME LIX` PETITION 15--94 APPROVED REQUESTING FINAL PLAT APPROVAL FOR OAKWOOD HILLS UNIT 2, PROPERTY LOCATED AT 1021 WYNNEFIELD COURT, BY OAKWOOD HILLS LIMITED PARTNERSHIP AS APPLICANT, AND PROGRESSIVE ENTERPRISES, AS OWNER Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to approve Petition 15-94 with the recommended conditions. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 22-94 APPROVED REQUESTING A MAP AMENDMENT FROM CF COMMUNITY FACILITY DISTRICT TO AS AREA BUSINESS DISTRICT AND A CONDITIONAL USE FOR PUBLIC WAREHOUSING AND STORAGE, PROPERTY LOCATED AT 1900 LARKIN AVENUE, BY THE SHERMAN HOSPITAL ASSOCIATION, AS APPLICANT AND OWNER Councilman Fox made a motion, seconded by Councilwoman Yearman, to approve Petition 22-94 with the recommended conditions. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 26-94 APPROVED REQUESTING THE REPEAL OF CONDITIONAL USE ORDINANCES NO. G36--84 AND G80-86 AND REQUESTING A CONDITIONAL USE FOR A NURSING HOME TO ALLOW FOR A BUILDING ADDITION FOR A DINING ROOM; PROPERTY LOCATED AT 18.0 SOUTH STATE STREET; BY MANOR HEALTH CARE CORPORATION., AS APPLICANT AND OWNER Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve Petition 26-94 with the recommended conditions. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ORDINANCE G54-94 PASSED GRANTING A CONDITIONAL USE FOR A NURSING HOME (180 SOUTH STATE STREET) (PETITION 26-94) Councilman Fox made a motion, seconded by Councilwoman Yearman, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G54-94 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A NURSING HOME (180 S. State Street) WHEREAS, written application has been made to amend the special use heretofore granted for a nursing home and off-street parking at 180 S. State Street; and WHEREAS, the Zoning and.Subdivision Hearing Board conducted a public hearing after due notice in the manner required by law VOLUME LIX OCTOBER 12, 1994 519 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 Zoning and Subdivision Hearing Board. 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 Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That the provisions of Ordinance Nos. G36-84 and G80-86 which permitted the establishment of a nursing home and off-street parking are hereby consolidated and are amended pursuant to the provisions of Chapter 19.65 of the Elgin Municipal Code, 1976, as amended, for the following described real estate: LOT 8 OF WILLIAM C. KIMBALL'S ADDITION TO ELGIN,• ALSO THAT PART OF LOT 1 B.W. RAYMOND'S SECOND ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EAST LINE OF WOODARD STREET WITH THE NORTH LINE OF SAID LOT 1; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1, 140 FEET FOR THE POINT OF BEGINNING, THENCE SOUTH PARALLEL WITH SAID EAST LINE OF WOODARD STREET, 119.79 FEET TO THE NORTH LINE OF RAKOW AND SEAGREN'S RESUBDIVISION OF PART OF LOTS 1 AND 3 OF B.W. RAYMOND'S SECOND ADDITION TO ELGIN AND PART OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE I EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EASTERLY ALONG SAID NORTHERLY LINE 160 FEET TO THE NORTHEAST CORNER OF SAID RAKOW AND SEAGREN'S RESUBDIVISION; THENCE EASTERLY ALONG SAID NORTHERLY LINE EXTENDED 23.19 FEET; THENCE NORTHWESTERLY 238.44 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, 241.0.3 FEET NORTHERLY OF THE NORTHERLY LINE OF THE EAST AND WEST ALLEY ESTABLISHED IN LORD'S PARK ADDITION TO ELGIN; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1 TO THE NORTHEASTERLY CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. subject to the following conditions.: 1. The nursing home facility shall not exceed 80 beds in capacity. 2., The nursing home facility, off-street parking and building addition shall be in A 520 OCTOBER 12, 1994 VOLUME LIX substantial conformance with the site plan prepared by Berlow Associates, dated 7/25/94 and the floor plan and building elevation prepared by Cody/Braun & Associates, dated 4/19/93. 3. Compliance with all applicable codes and ordinances. Section 3. That Ordinance No. G36-.84, entitled "An Ordinance Granting a Special Use Permit for Off -Street Parking at 180 South State Street" passed June 25, 1984, be and is hereby repealed. Section 4. That Ordinance No. G80-86, entitled."An Ordinance Granting a Special Use for a Nursing Home" passed October 13, 1986, be and is hereby repealed. Section 5'. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Passed: October 12, 1994 Vote: Yeas 7 Nays 0 Recorded: October 13, 1994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PETITION 34-94 APPROVED REQUESTING A CONDITIONAL USE APPROVAL FOR A CHILD DAY CARE SERVICE IN THE CF COMMUNITY FACILITY DISTRICT; PROPERTY LOCATED AT 340 GRAND BOULEVARD; BY BETHLEHEM LUTHERAN CHURCH, AS APPLICANT AND OWNER Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to approve Petition 34-94 with the recommended conditions. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX OCTOBER 12, 1994 521 PETITION 35-94E APPROVED REQUESTING PRELIMINARY .PLAT APPROVAL FOR RANDALL LAKE SUBDIVISION; PROPERTY LOCATED AT III SOUTH RANDALL ROAD; BY JOSEPH ASH, ASAPPLI.CANT AND TRUST #1436_-CH NBD TRUST, AS OWNERS Councilwoman Popple made a motion, seconded by Councilman Walters, to approve Petition 35-94 with the recommended conditions. Yeas: Councilmembers Fox, Gilliam, Popple, Schack, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 36-94 APPROVED RANDALL LAKE CROSSING: TRUST AS OWNERS L FOR RANDALL Councilwoman Yearman made a motion, seconded by Councilman Fox, to approve Petition 36-94 with the recommended conditions. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ORDINANCE G56-94 PASSED AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN Councilwoman Popple made a motion, seconded by Councilman Fox, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G56-94 AN ORDINANCE AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.24 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of one-way streets in the City of Elgin under Section 11.24.020(D) the following: Douglas Avenue from Kimball Street to East Chicago Street. Section 2. That Title 11, Chapter 11.24 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of one-way streets in the City of Elgin under Section 11.24.020(D) the following: Douglas Avenue from Kimball Street to E. Highland Avenue. 522 OCTOBER 12, 1994 VOLUME LIX` Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect on October 13, 1994. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Passed: October 12, 1994 Vote: Yeas 7 Nays 0 Recorded: October 13, 1994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-284 ADOPTED AUTHORIZING EXECUTION OF A GROLICH BILLBOARD LEASE WITH ELGIN RIVERBOAT RESORT Councilwoman Yearman made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays:. None. Resolution No. 94-284 RESOLUTION AUTHORIZING EXECUTION OF A GROLICH BILLBOARD LEASE WITH ELGIN RIVERBOAT RESORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute a Grolich Billboard Lease with Elgin Riverboat Resort for the construction and maintenance of off -premises signs, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIX OCTOBER 12, 1994 523 Presented: October 12, 1994 Adopted: October 12, 1994 Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-285 ADOPTED AUTHORIZING EXECUTION OF A SPORTS COMPLEX SIGN STRUCTURE LEASE WITH ELGIN RIVERBOAT RESORT Councilwoman Yearman made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-285 RESOLUTION AUTHORIZING EXECUTION OF A SPORTS COMPLEX SIGN STRUCTURE LEASE WITH ELGIN RIVERBOAT RESORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute a Sports Complex Sign Structure Lease with Elgin Riverboat Resort for the construction and maintenance of off -premises signs, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Adopted: October 12, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-286 ADOPTED AUTHORIZING EXECUTION OF A SUMMERHILL PARK BILLBOARD LEASE WITH ELGIN RIVERBOAT Councilman Fox made a motion, seconded by Councilman Gilliam, to „rtµ adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 524 OCTOBER 12, 1994 VOLUME LIX Resolution No. 94-286 RESOLUTION AUTHORIZING EXECUTION OF A SUMMERHILL PARK BILLBOARD LEASE WITH ELGIN RIVERBOAT RESORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute a Summerhill Park Billboard Lease with Elgin Riverboat Resort for the construction and maintenance of off -premises signs, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Adopted: October 12, 1994 Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Fox made a motion, seconded by Councilman Gilliam, to authorize the following payments. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Elgin Area Chamber of Commerce Elgin, IL Old Kent Bank Elgin, IL Tessendorf Mechanical Services Gilberts, IL Layne --Western Aurora, IL $20,881.25 Fourth quarter support payment. $ 8,848.00 November 1994 payment for Center City Development Corporation loan. $ 8,440.24 Payment of HVAC services for River Place. $19,595.44 Repairs to river intake pump #6 at Riverside Water Treatment Plant. VOLUME LIX OCTOBER 12, 1994 525 Board of Education $12,629.01 Rental of various School District U-46 school facilities for Elgin, IL "Open Gym/Fun Centers" Elgin Babe Ruth $ 7,279.01 City's contribution for Teener League various field Elgin, IL improvements at Teener League Baseball Complex. Elgin American $ 2,521.81 City's contribution for Little League various field Elgin, IL improvements at American Little League Complex.. Elgin Continental $ 7,392.31 City's final Little League contribution for Elgin, IL various field improvements at Continental Little League Complex. Boncosky Oil Co. $ 6,678.15 Purchase of gasoline Elgin, IL for Ann Street garage. Lonette Clark $ 8,395.75 Repairs to property in _. 412 Hickory Place conjunction with the and Residential Rebate Neighborhood Housing Program. Services Elgin, IL Independent Players $ 3,500.00 City's contribution Elgin, IL toward 25th anniversary production of the "Nutcracker." Burnidge Cassell & $ 1,665.15 Payment for Associates architectural services Elgin, IL for River Place. Fox Valley Fire & $ 4,121.83 Payment for the Safety installation and Elgin, IL monthly leasing fees for fire and burglar alarm system at River Place. Carson Printing $ 6,876.00 Printing of 382 East Dundee, IL Community Needs Statement binders. D. H. Martin $ 5,248.44 Purchase of gasoline Chicago, IL for Ann Street garage. 526 OCTOBER 12, 1994 VOLUME LI.X' GF Structures $21,549.00 Full and final payment Chicago, IL for the Grant Street Gate Construction project. CONSENT AGENDA Councilman Gilliam made a motion, seconded by Councilman Fox, to pass Ordinance Nos. G53-94, G55-94 and Resolution Nos. 94-275 through 94-283 by omnibus vote. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ORDINANCE G55-94 PASSED APPROVING A CONDITIONAL USE FOR A CAR WASH;PROPERTY LOCATED AT 928 EAST CHICAGO STREET; BY ANTON AND LAUREL ENGELMAN, AS APPLICANTS AND OWNERS (PETITION 27-94� Councilman Gilliam made a motion, seconded by Councilman Fox, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G55-94 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CAR WASH AT 928 EAST CHICAGO STREET WHEREAS, written application has been made for a CI Commercial Industrial District conditional use for a car wash at 928 East Chicago Street; and WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing Board. 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 Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a car wash 928 East Chicago Street and legally described as follows: THAT PART OF LOT 11 OF COUNTY CLERK'S SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF VOLUME LIX OCTOBER 12, 1994 527 SECTION 18, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF CHICAGO STREET WITH THE EAST LINE OF THE ETTNER TRACT; THENCE SOUTH 67 DEGREES 14 MINUTES EAST ALONG SAID NORTHERLY LINE, 282.80 FEET TO A POINT OF BEGINNING; THENCE NORTH 21 DEGREES 24 MINUTES 55 SECONDS EAST, 134.18 FEET; THENCE NORTH 11 DEGREES 04 MINUTES 55 SECONDS EAST; 60.62 FEET; THENCE SOUTH. 78 DEGREES 55 MINUTES 09 SECONDS EAST AND PERPENDICULAR TO THE LAST DESCRIBED COURSE, 134.77 FEET; THENCE SOUTH 14 DEGREES 08 MINUTES 54 SECONDS WEST, 223.33 FEET TO A POINT ON THE NORTHERLY LINE OF CHICAGO STREET MEASURING 150.00 FEET ON A BEARING OF SOUTH 67 DEGREES 14 MINUTES FROM THE POINT OF BEGINNING; THENCE NORTH 67 DEGREES 14 MINUTES WEST ALONG SAID NORTHERLY LINE, 150.00 FEET TO THE POINT OF BEGINNING., ALL IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. be and is hereby granted subject to the following conditions: 1. Substantial compliance with the site plan, prepared by Scheflow Engineers, dated August 15, 1994. 2. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Passed: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: October 13, 1994 Published: Attest: S1 Dolonna Mecum Dolonna Mecum, City Clerk 528 OCTOBER 12, 1994 VOLUME LIX! ORDINANCE G53-94 PASSED AMENDING CERTAIN TRAFFIC AND PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilman Fox, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G53-94 AN ORDINANCE AMENDING CERTAIN TRAFFIC AND PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050P the following: Edison Avenue. Edison Avenue, west side thereof, from Larkin Avenue to W. Chicago Street. Jefferson Avenue. Jefferson Avenue, north side thereof, from Center Street to N. Spring Street. Villa Street. Villa Street, southwest side thereof, from Prairie Street to Gifford Place. Section 2. 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: S. Clifton Avenue. All vehicles being operated on. S. Clifton Avenue must stop at Carr Street before crossing or entering the same. S. Clifton Avenue. All vehicles being operated on S. Clifton Avenue must stop at Shuler Street before crossing or entering the same. S. Weston Avenue. All vehicles being operated on S. Weston Avenue must stop at Carr Street before crossing or entering the same. S. Weston Avenue. All vehicles being operated on S. Weston Avenue must stop at Shuler Street before crossing or entering the same. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LIX OCTOBER 12, 1994 529 Section 4. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Passed: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: October 13, 1994 Published: October 13, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-27.5 ADOPTED APPOINTING DALILA MCCLURE AS A MEMBER OF THE PARKS AND RECREATION BOARD Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-275 RESOLUTION APPOINTING DALILA MCCLURE AS A MEMBER OF THE PARKS AND RECREATION BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dalila McClure be and is hereby appointed as a member of the Parks and Recreation Board to fulfill the unexpired term of Scott Damisch, for a term to expire May 1, 1997. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: _s/ Dolonna Mecum Dolonna Mecum, City Clerk 530 OCTOBER 12, 1994 VOLUME LIX Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-276 RESOLUTION. APPOINTING GUSTAVO SOTOS TO THE NEW CENTURY PARTNERSHIP OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the New Century Partnership of Elgin, an Illinois not -for --profit corporation, is hereby created to assist in the redevelopment and revitalization of the Region's Center. BE IT FURTHER RESOLVED that Gustavo Sotos. is hereby appointed to membership on the Board of Directors of said New Century Partnership of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-277 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH CENTRAL BLACKTOP CO. FOR THE HIAWATHA RECONSTRUCTION SUMMIT/GRAND PROJECT Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-277 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH CENTRAL BLACKTOP CO. FOR THE HIAWATHA RECONSTRUCTION SUMMIT/.GRAND PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Central Blacktop Co. for the Hiawatha Reconstruction Summit/Grand project; and VOLUME LIX OCTOBER 12, 1994 Sax 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 Richard B. Helwig, 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: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-278 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH GLUTH BROTHERS, INC. FOR THE WEST ZONE PHASE II WATER MAIN PROJECT Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-278 RESOLUTION APPROVING CHANGE ORDER NO.. 1 IN THE CONTRACT WITH GLUTH BROTHERS CONSTRUCTION, INC. FOR THE WEST ZONE PHASE II WATER MAIN PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Gluth Brothers Construction, Inc. for the West Zone Phase II water main project; 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 Richard B. Helwig, 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 532 OCTOBER 12, 1994 VOLUME LiX, Presented: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-279 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ROBI EXCAVATING, INC. FOR CITYWIDE AND NEIGHBORHOOD SIDEWALKS Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-279 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ROBI EXCAVATING, INC. FOR CITYWIDE AND NEIGHBORHOOD SIDEWALKS WHEREAS, the City of Elgin has heretofore entered into a contract with Robi Excavating, Inc. for Citywide and Neighborhood Sidewalks; and WHEREAS, it is necessary and desirable t.o.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 Richard B. Helwig, 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: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LIX OCTOBER 12, 1994 533 RESOLUTION 94-280 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR A SANITARY SEWER LINE ON BIG TIMBER ROAD (NORTHERN ILLINOIS GAS COMPANY) Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-280 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR A SANITARY SEWER LINE ON BIG TIMBER ROAD (Northern Illinois Gas Company) 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 and accept a grant of easement for the installation, construction, reconstruction, operation, maintenance, alteration, repair, replacement and removal of a sanitary sewer from Northern Illinois Gas Company over the property legally described as follows: A 35 foot wide City of Elgin easement in part of the Southwest Quarter of Fractional Section 3, and part of the Southeast .Quarter of Fractional Section 4, all in Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the center line of North McLean Boulevard with the Northerly right-of-way line of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific Railroad Company); thence North 8.9 degrees 46 minutes 09 seconds West, along said Northerly right-of-way line, a distance of 1042.76 feet to the Southerly extension of an East property line of the Northern Illinois Gas Company; thence North 00 degrees 40 minutes 17 seconds West, along said Southerly extension of an East property line of the Northern Illinois Gas. Company; thence North 00 degrees 40 minutes 17 seconds West, along said Southerly extension and along said East line a distance of 88.06 feet to the Northeast corner of the Sanitary District of Elgin (now known as the Fox River Water Reclamation District) easement per Document No. 1590210 for the point of beginning; thence North 89 degrees 46 minutes 00 seconds West, along the Northerly line of said Sanitary District easement, a distance of 146.91 feet; thence Northwesterly, along said Northerly line, being along a curve to the right having a radius of 1006.41 feet, tangent to the last described course, an arc distance of 523.46 feet to a West line of said Northern Illinois Gas 534 OCTOBER 12, 1994 VOLUME LIX� Company property; thence North 00 degrees 40 minutes 17 seconds West, along said West line, a distance of 40.97 feet to a line that is 35.00 feet Northerly of and parallel with the said Northerly line of Sanitary District easement; thence Southeasterly, along said parallel line, being along a curve to the left having a radius of 971.41 feet and a chord bearing of South 74 degrees 14 minutes 57 seconds East, an arc distance of 526.16 feet; thence South 89 degrees 46 minutes 00 seconds East, along said parallel line, tangent to the last described -curve, a distance of 146.35 feet to the said East line of the Northern Illinois Gas Company property; thence South 00 degrees 40 minutes 17 seconds East, along said East line, a distance of 35.00 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois, and containing 0.53 acre, more or less. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Agreement to be recorded in the office of the. Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-.281 ADOPTED DENYING PRELIMINARY PLAT FOR ROYAL WOODS SUBDIVISION Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde: Nays: None. Resolution No. 947281 RESOLUTION DENYING PRELIMINARY PLAT FOR ROYAL WOODS SUBDIVISION WHEREAS, written application has been made for approval of a preliminary plat of Royal Woods Subdivision; and VOLUME LIX OCTOBER 12, 1994 535 WHEREAS, the Planning and Development Commission reviewed the proposed preliminary plat of Royal Woods Subdivision and failed to recommend approval of the petition; and WHEREAS, The City Council of the City of Elgin concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE BE IT RESOLVED 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 Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That the proposed preliminary plat of subdivision be and is hereby rejected due to the following conflicts with the General Provisions of Title 18 Subdivisions, of the Elgin Municipal Code: 1. Development of the subject property will result in an increase in impervious surface in the Tyler Creek drainage basin. 2. Public rights of way adjacent to the subject property experience periodic localized flooding. s/ George--VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: a/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-282 ADOPTED ACCEPTING THE SLADE.AVENUE PUMP STATION IMPROVEMENTS Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 536 OCTOBER 12, 1994 VOLUME LIX` Resolution No. 94-282 RESOLUTION ACCEPTING THE SLADE AVENUE PUMP STATION IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that.the City of Elgin hereby accepts the Slade Avenue pump station improvements being in substantial conformance with the specifications. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-283 ADOPTED AUTHORIZING THE CLOSURE OF PERCY STREET AT VILLA STREET Councilman Gilliam made a motion, seconded by Councilman Fox, to rv., adopt the following resolution. Yeas: Councllmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-283 RESOLUTION AUTHORIZING THE CLOSURE OF PERCY STREET AT VILLA STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the public street known as Percy Street be and is hereby closed to vehicular traffic at Villa Street for the period October 12, 1994 to April 12, 1995. s/ George VanDeVoorde ^George VanDeVoorde, Mayor Presented: October 12, 1994 Adopted: October 12, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LIx OCTOBER 12, 1994 537 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilman Gilliam made a motion, seconded.by Councilman Fox, to place the following reports and minutes on file as published. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Elgin Image Advisory Commission. Minutes for August 22, 1994 Planning and Development Commission Minutes for September 6, 1994 Zoning and Subdivision Hearing Board Minutes or September 7, 1994 Committee of the Whole Minutes for September 14, 1994 Committee of the Whole Minutes for September 21, 1994, Special Meeting City Council Minutes for September 14, 1994 ANNOUNCEMENTS Mayor VanDeVoorde made announcements regarding forthcoming meetings including a special Committee of the Whole.meeting on Wednesday, October 19, 1994, at 5:00 p.m. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Schock, to go :into executive session for the purpose of discussing appointments to boards and commissions. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Whereupon, at 9:30 p.m., the corporate authorities convened in executive session for the purpose of discussing the above -stated matters. At 10:00 p.m., the corporate authorities returned to open session. No further business was transacted. Councilwoman Popple made a motion, seconded by Councilman Schock, to adjourn the meeting. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting adjourned at 9:30 p.m. October 26, 1994 Sue lyn L"E� osift, Deputy City Clerk Date Approved VOLUME LIX OCTOBER 26, 1994 538 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on October 26, 1994, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:00 p.m. The Invocation was given by Reverend Paul Roth, and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. MINUTES OF THE OCTOBER 12, 1994, COUNCIL MEETING.APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the October 12, 1994, Council Minutes as published. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Reggie Stephens, 600 Margaret Place, on behalf of the Gifford Park Association, thanked members of City staff for their assistance to association members with the tree trimming which was done in the historic district Saturday as part of "Make a Difference Day" activities. Al Cox, 600 Margaret Place, stated that fear is paralyzing our neighborhoods, U-46, and the City, and he questioned the priority of certain elements of the proposed five-year plan. He stated that dealing with fear must be the top priority when considering Elgin's future. Sheri Buttstadt, on behalf of CURE, thanked participants and reported on the results of the river edge clean up which was conducted Saturday by approximately 30 volunteers as part of "Make a Difference Day" activities. The following people addressed the Council regarding Petition 51-94, requesting conditional use approval for a child day care service at 2325 Royal Boulevard. Said petition is currently pending before the Zoning and Subdivision Hearing Board and will be before the City Council at a future meeting.. 539 OCTOBER 26, 1994 VOLUME'LIX Roger Muterspaugh, 2194 Colorado Avenue, speaking on behalf of a number of Valley Creek residents, stated that they object to a day care center in connection with a commercial venture in that they don't believe the uses are compatible. They would like the subject area to be rezoned, because they believe there is already too much retail in this residential area. Kristin Hines, 2122 Colorado Avenue, is concerned about a day care center being near a proposed convenient store which may sell liquor. She believes the zoning is no longer proper and that the City should preserve its residential property. Ronald Roeser, 920 Davis Road, attorney for the developer of the proposed project, responded to the prior objections and stated that the developer believes the proposed project is proper for the zoning that is in place. Robert Gedman, 2343 Blue Jay Court, developer of the proposed project, stated that they plan to provide shopping for Valley Creek residents. There would be approximately five or six stores, and none of the stores would be open between midnight and 5 a.m. The proposed building is designed to fit in with the neighborhood and would have berming on three sides. Mary Vickery, 2.246 Colorado Avenue, stated that she lives adjacent to the proposed development. She believes there is a saturation of commercial and retail within a mile radius of the proposed project and believes there should be some areas in the City that are completely residential. She also stated that a park is needed in the subject neighborhood. Michael Brill, 1990 Royal Boulevard, stated that he believes the current zoning for this area is outdated and that there are more suitable projects for this property. PETITION 10-94 APPROVED REQUESTING PRELIMINARY PLAT APPROVAL. FOR HEARTLAND MEADOWS SUBDIVISION, PROPERTY LOCATED AT 2275 BOWES ROAD, BY SUNDANCE HOLDINGS INC. AS APPLICANT AND OWNER Councilman Fox made a motion, seconded by Councilwoman Popple, to remove consideration of Petition 10-94 from the table. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Principal Planner Armstrong advised the Council that the prior unresolved issues have now been resolved. Councilwoman Yearman made a motion, seconded by Councilman Fox, to approve Petition 10-94 with.the recommendations from the Planning and Development Commission. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX OCTOBER 26, 1994 540 ORDINANCE G52-94 RECONSIDERED AND.REVISED CLASSIFYING.NEWLY ANNEXED TERRITORY - COLLEGE PARK SQUARE LOCATED AT 2425 SOUTH STREET ( PETITION 61--93 ) - - -- Councilman Fox made a motion, seconded by Councilman Walters, to revise Ordinance G52-94 by deleting "eating places" from the precluded use list. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman; and Mayor VanDeVoorde. Nays: None. PETITION 45-94 APPROVED REQUESTING A TEXT AMENDMENT TO TITLE 19 ZONING OF THE ELGIN MUNICIPAL.CODE CONCERNING VARIOUS CHAPTERS AND SECTIONS OF THE ELGIN ZONING ORDINANCE; BY THE CITY OF ELGIN, AS APPLICANT Councilman Fox made a motion, seconded by Councilman Walters, to approve the recommendations for text amendments to Title 19 as requested in Petition 45-94. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 47-94 APPROVED REQUESTING FINAL PLAT APPROVAL FOR TYLER CREEK PLAZA III.SUBDTVISION;_PROPERTY LOCATED AT 200 CREEK PLAZA; BY MCDONALD'S CORPORATION AS APPLICANT AND Z INVESTMENTS. AS OWNER Councilman Schock made a motion, seconded by Councilwoman Yearman, to approve Petition 47-94, subject to the conditions recommended by the Planning and Development Commission. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION 94-287 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR TYLER CREEK PLAZA III SUBDIVISION; PROPERTY LOCATED AT 200 TYLER CREEK PLAZA• BY MCDONALD'S CORPORATION, AS APPLICANT AND Z INVESTMENTS, AS OWNER (PETITION 47-94) Councilman Fox made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-287 RESOLUTION APPROVING FINAL PLAT FOR TYLER CREEK PLAZA III SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by 541 OCTOBER 26, 1994 VOLUME LIX Alan J. Coulson dated July 12, 1994 for Tyler Creek Plaza III Subdivision. _s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994. Adopted: October 26, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PETITION 58-94 APPROVED REQUESTING AN AMENDMENT TO A CONDITIONAL USE FOR A MOTOR VEHICLE SERVICE STATION AND CAR WASH IN ORDER TO PERMIT THE CONSTRUCTION OF A CANOPY; PROPERTY LOCATED AT 1005 NORTH LIBERTY STREET; BY MARVI. INCORPORATED,_AS APPLICANT AND KAIZAR AND SHIRIN MARVI, AS OWNERS Councilman Schock made a motion, seconded by Councilman Walters, to approve Petition 58-94, subject to revisions to the site plan pursuant to staff recommendations 1 through 5 as set forth in the October 11, 1994, Memorandum. Discussion was held concerning the one difference between the staff's recommendations and the Zoning and Subdivision Hearing Board's recommendations. Staff recommended that at least one of the existing access driveways be eliminated in order to be able to provide the required number of parking stalls. However, petitioner presented a site plan which provided for the required number of parking stalls without eliminating an access driveway. Councilman Fox made a motion, seconded by Councilwoman Popple, to amend the pending motion to allow for the two access driveways as recommended by the Zoning and Subdivision Hearing Board and subject to the site plan being accepted after review by staff. Yeas: Councilmembers Fox, Gilliam, Popple, Yearman, and -Mayor VanDeVoorde: Nays: Councilmembers Schock and Walters. The vote was then taken on the original motion as amended. Yeas: Councilmembers Fox, Gilliam, Popple, Yearman, and Mayor VanDeVoorde. Nays: Councilmembers Schock and Walters. VOLUME LIX OCTOBER 26, 1994 542 ORDINANCE G61-94 PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilman Gilliam made a motion, seconded by Councilman Fox, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam., Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G61-94 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: College Green Drive. Ail vehicles being operated on College Green Drive must stop at Pebble Beach Circle before crossing or entering the same. College Green Drive. All vehicles being operated on College Green Drive must stop at Muirfield Circle before crossing or entering the same. Congdon Avenue. All vehicles being operated on Congdon Avenue must stop at Duncan Avenue before crossing or entering the same. Duncan Avenue. All vehicles being operated on Duncan Avenue must stop at Congdon Avenue before crossing or entering the same. Mallery Avenue. All vehicles being operated on Mallery Avenue must stop at Van Street before crossing or entering the same. Van Street. All vehicles being operated on Van Street must stop at Mallery Avenue before crossing or entering the same. N. Lyle Avenue. All vehicles being operated on N. Lyle Avenue must stop at N. Airlite Street 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.. 543 OCTOBER 26, 1994 VOLUME LIX F Section 3. That this ordinance shall be in full.force and effect ten days after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994 Passed: October 26, 1994 Vote: Yeas 7 Nays 0 Recorded: October 27, 1994 Published: October 27, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Gilliam made a motion, seconded by Councilwoman Popple, to authorize the following payments. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Elgin Area Convention/Visitors Bureau Elgin, IL Children's Theatre of Elgin Elgin, IL Seagren/Shales Inc. Elgin, IL Carpet Tile Geneva, IL Mueller & Company Elgin, IL Long Elevator and Machine Company Springfield, IL $17,145.00 Fourth quarter payment. $12,000.00 Base payment for production of Peter Pan. $79,208.27 Payment of prior construction services for River Place. $2.7,423.00 Payment of prior floor covering installations for River Place. $ 1,900.00 Payment of prior tax services for River Place. $ 4,000.00 Payment of prior and current elevator maintenance services for River Place. VOLUME LIX OCTOBER 26, 1994 544 Keystone Realty $17,068.95 Payment of prior Elgin, IL management fees and for termination compensation for River Place. In Sync Systems $ 60.00 Payment of prior phone Crystal Lake, IL jack repair for River Place. Speedy Sign -a -Rama $ 31.95 Payment of prior Elgin, IL interior signs for River Place. Meyers, Schuster, $14,107.50 Payment of prior legal and Pitcher expenses for River Elgin, IL Place. Wali & Associates $ 260.00 Payment of prior floor Elgin, IL capacity evaluation for River Place. City of Elgin $ 391.28 Payment of current Elgin, IL water/sewer usage for River Place. Mary Camacho $ 700.00 Payment of prior Elgin, IL clerical services for River Place. Exodyne Electric $ 7,033.11 Emergency repairs to Motors the Bluff City in -line Tempe, AZ booster motor. Management Services $ 5,340.00 Final payment for Danville, IL worker's compensation claims administration services.. R. C. Hanchette and $15,968.00 Final payment of Associates premiums and taxes for Elgin, IL various excess liability and property coverages associated with city's limited Self -Insurance Program. City of Elgin $ 9,560.14 Reimbursement of salary Elgin, IL and benefits of Officer Christopher Troiola, assigned to the Kane County Auto Theft Task Force, for the period July 1-September 30, 1994. 545 St. Charles Police Department St. Charles, IL Neighborhood Housing Services of Elgin Elgin, IL Artreach Touring Theatre Elgin, IL OCTOBER 26, 1994 VOLUME LIX $ 9,385.00 Same as'above except for their officer, Agent Darryl Rogers. $31,000.00 Commitment of CDBG Funds for a NHS Rental Rehabilitation Loan for 452 N. Grove Ave. $ 6,500.00 Full payment for six (6) performances of the "Legend of Sleepy Hollow" as part of the Performing Arts for Young People Series. Elgin National $ 8,883.43 Final 1994 contribution Little League for various fencing Elgin, IL improvements at the National Little League complex. CONSENT AGENDA Councilman Fox made a motion, seconded by Councilwoman Popple, to pass Ordinance Nos. G57-94 through G60-94, Ordinance T6-94, and Resolution Nos. 94-288 through 94-298 by omnibus vote. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ORDINANCE G59-94 PASSED RECLASSIFYING PROPERTY FROM CF COMMUNITY FACILITY DISTRICT TO AB AREA BUSINESS DISTRICT AND A CONDITIONAL USE FOR. PUBLIC WAREHOUSING AND STORAGE, PROPERTY LOCATED AT 1900 LARKIN AVENUE BY THE SHERMAN HOSPITAL ASSOCIATION, AS APPLICANT AND OWNER (PETITION 22-94) Councilman Fox made a motion, seconded by Councilwoman Popple, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G59-94 AN ORDINANCE RECLASSIFYING PROPERTY AT 1900 LARKIN AVENUE AND GRANTING A CONDITIONAL USE FOR PUBLIC WAREHOUSING AND STORAGE WHEREAS, written application has been made.to reclassify certain property located at 1900 Larkin Avenue from CF Community Facility District -to AB Area Business District; and VOLUME LIX OCTOBER 26, 1994 546 WHEREAS; the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a conditional use for public warehousing and storage be granted; and WHEREAS, the City Council has .reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the CF Community Facility District and including in the AB Area Business District, the following described property: LOTS 1, 2, 3, 4, 5 AND 6 IN BLOCK 6, BOUNDED ON THE NORTH BY A LINE BETWEEN THE NORTHWEST CORNER OF LOT 6 IN BLOCK 6 AND AND THE SOUTHEAST CORNER OF LOT 13 IN BLOCK 5, ALL IN WALTER S. MCINTOSH AND COMPANY'S "FOX RIVER FARMS", BEING A SUBDIVISION OF PART OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, 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 Planning and Development Commission granting a conditional use for public warehousing and storage at 1900 Larkin Avenue, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: 1. Striping of the existing parking lot for three parking stalls. A striping plan is to be submitted and approved prior to the striping work. 2. Removal of the existing gravel area located north of the existing building and grade or seed, or provide an approved surface for vehicular movement with the remainder -to be seed or sod. A site plan Shall be submitted and approved prior to any gravel removal, paving or seeding. The site plan shall specify the location, and detail an appropriate enclosure, for the required trash receptacle. 547 OCTOBER 26, 1994 VOLUME LIX 3. The warehousing and storage activity on the subject property is to be limited to records, equipment and supplies for Sherman Hospital. 4. All debris on the ground (concrete, gutters, wood, pieces of fencing, etc.), miscellaneous posts; and weeds shall be removed from the site prior to obtaining an occupancy permit. 5. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994 Passed: October 26, 1994 Omnibus Vote: Yeas 7 Nays. 0 Recorded: October 27, 1.994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G60-94 PASSED APPROVING A.CONDITIONAL USE FOR A CHILD DAY CARE SERVICE IN THE CF COMMUNITY FACILITY DISTRICT, PROPERTY LOCATED AT 340 GRAND BOULEVARD, BY BETHLEHEM LUTHERAN Councilman Fox made a motion., seconded by Councilwoman Popple, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G60-94 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHILD DAY CARE CENTER WHEREAS, written application has been made for a CF Community Facility District conditional use for a child day care center at 340 Grand Boulevard; and VOLUME LIX OCTOBER 26, 1994 548 WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing Board. 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 Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a child day care center at 340 Grand Boulevard and legally described as follows: That part of the Northeast Quarter of Section 13 Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the North line of Franklin Boulevard 701.6 feet East of the point of intersection of said North line with the East line o"f Liberty Street; thence North 520.75 feet to the South line of Block 6 of Highland Park Addition to Elgin; thence South 898 52' East along said South line 295.60 feet to the westerly line of Grand Boulevard as established by warranty deed from Mary E. Carpenter Lord to the City of Elgin recorded July 8, 1896 as Document 24876 and by agreement made by said first party with Eliza J. Vail recorded June 10, 1901 as Document 51200 thence southerly along said westerly line to the North line of said Franklin Boulevard; thence West along said westerly line to the North line of said Franklin Boulevard; thence West along said North line to the point of beginning, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Substantial compliance with the site plan and floor plan prepared by Bethlehem Lutheran Church, dated June 17, 1994. 2. Construction of the following additional structures shall be permitted at the subject property in conjunction with the conditional use for a church and child day care center, provided said additional structures are in compliance with all applicable codes and ordinances: __ accessory structures and buildings 549 OCTOBER 26, 1994 VOLUME LIX -- off street parking facilities -- off street loading facilities -- signs 3. Compliance with all other applicable codes and -ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date. of passage of this ordinance. Section.4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Presented: October 26, 1994 Passed: October 26, 1994. Omnibus Vote: Yeas 7 Nays 0 Recorded: October 27, 1994 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-288 ADO )D HILLS SUBDIVISION, PROPER BY OAKWOOD HILLS LIMITED P PROGRESSIVE ENTERPRISE s/ George VanDeVoorde George VanDeVoorde, Mayor FINAL LOCATED FOR UNIT 2 OF 1021 WYNNEFIELD RSHIP, AS APPLICANT, AND Councilman Fox made. a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Waiters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-288 RESOLUTION APPROVING FINAL PLAT FOR OAKWOOD HILLS UNIT 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by John T. Whitehouse dated May 1, 1992 and revised June 15, 1994 for Oakwood Hills Unit 2. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIX OCTOBER 26, 1994 550 Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-289 ADOPTED ACCEPT A ROADWAY AND BRIDGE CROSSING IN (VARSITY DRIVE), PREPARED BY DUN. P.M -a". E ENGINEERI DICATI ITION FOR ISION 15-94 Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-289 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A ROADWAY AND BRIDGE CROSSING (Oakwood Hills Subdivision) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a roadway and bridge crossing prepared by John T. Whitehouse, an Illinois Land Surveyor, and dated December 7, 1993 and revised June 15, 1'994, for the property legally described as follows: That part of the Northeast Quarter of Section 19 Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 00 degrees 00 minutes 00 seconds West (assumed) along the West line of said Northeast Quarter, 1697.50 feet to an iron stake; thence North 81 degrees 03 minutes 04 seconds East, 450.79 feet for the point of beginning; thence continuing North 81 degrees 03 minutes 04 seconds East, 58.99 feet to the northerly extension of the westerly right of way line of Varsity Drive; thence South 31 degrees 20 minutes 22 seconds West, along said extension, 271.15 feet to the intersection of said westerly Line of Varsity Drive with the North right of way line of Maroon Drive; thence South 89 degrees 19 minutes 40 seconds East, along -said North right of way line, 69.76 feet; thence North 31 degrees 20 minutes 22 seconds East, 286.43 feet to a point North 81 degrees 03 minutes 04 seconds East, 137.65 feet 'from the point of beginning; thence A 551 OCTOBER 26, 1994 VOLUME LIX North 81 degrees 03 minutes 04 seconds East, 59.81 feet; thence North 8 degrees 48 minutes 24 seconds West, 39.74 feet; thence North 31 degrees 20 minutes 22 seconds East, 165.51 feet; thence North 9 degrees 32 minutes 16 seconds East, 53.85 feet; thence North 31 degrees 20 minutes 22 seconds East, 341.12 feet to a point of curvature; thence northerly along a curve to the left with radius,of 285.80 feet and chord bearing North 8 degrees 49 minutes 01 second East, an arc distance of 224.69 feet to the southeasterly corner of Varsity Drive as platted by Oakwood Hills Unit 1, recorded as Document Number 92935093; thence North 88 degrees 47 minutes 46 seconds West, along the southerly end of said Varsity Drive, 62.69 feet to the southwesterly corner thereof; thence southerly along a curve to the right with radius of 225.80 feet and chord bearing South 6 degrees 46 minutes 07 seconds West, an arc distance of 193.67 feet to a paint of tangency; thence South 31 degrees 20 minutes 22 seconds West, 341.12 feet; thence South 53 degrees 08 minutes 27 seconds West, 53.85 feet; thence South 31 degrees 20 minutes 22 seconds West, 217.39 feet; thence South 81 degrees 03 minutes 04 seconds West, 32.77 feet; thence South 31 degrees 20 minutes 22 seconds West, 85.00 feet to the point of beginning, in the City of Elgin, Cook County, Illinois. BE IT FURTHER RESOLVED that authorized and directed to cause filed with the Recorder of Deeds Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk the City Clerk be and is hereby said plat of dedication to be of Cook County, Illinois. sl George VanDeVoorde George VanDeVoorde, Mayor ORDINANCE G58-94 PASSED AMENDING THE SPEED LIMIT ON CERTAIN STREETS IN THE CITY OF ELGIN Councilman Fox made a motion, seconded by Councilwoman Popple, to pass the following ordinance. Yeas: Councilmembexs Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX OCTOBER 26, 1994 552 Ordinance No. G58-94 AN ORDINANCE AMENDING THE SPEED LIMIT ON CERTAIN STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.20.030(D) of Chapter 11.20 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting the following: Bode Road from East Chicago. Street to the easterly corporate limits of the city. Section 2. That Section 11.20.030(D) of Chapter 11.20 of the Elgin Municipal Code, 1976,.as amended, be and is hereby further amended by adding the following: Bode Road from Highbury Drive to the easterly corporate limits of the city. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. sf George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994 Passed: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: October 27, 1994 Published: October 27, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-290 ADOPTED APPOINTING MEMBERS BOARDS AND COMMISSIONS Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and.Mayor VanDeVoorde. Nays: None. 553 OCTOBER 26, 1994 VOLUME LIX Resolution No. 94-290 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jean Keltner be and is hereby appointed as a member of the Cultural Arts Commission for a term to expire November 1, 1998. BE IT FURTHER RESOLVED that Clare M. 011ayos be and is hereby reappointed as a member of the Cultural Arts Commission for a term to expire November 1, 1998. BE IT FURTHER RESOLVED that Claude Hamlin be and is hereby appointed as a member of the Zoning and Subdivision Hearing Board to fulfill the unexpired term of Barton Barrow, Jr., for a term to expire July 1, 1996. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-291 ADOPTED APPOINTING RALPH MUELLER TO THE NEW CENTURY PARTNERSHIP OF ELGIN Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-291 RESOLUTION APPOINTING RALPH MUELLER TO THE NEW CENTURY PARTNERSHIP OF ELGIN BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF ELGIN, ILL.INOIS, that the New Century Partnership of Elgin, an Illinois not -for -profit corporation, is hereby created to assist in the redevelopment and revitalization of the Region's Center. VOLUME LIX OCTOBER 26, 1994 554 BE IT FURTHER RESOLVED that Ralph Mueller is hereby appointed to membership'on the Board of Directors of said New Century Partnership of Elgin to fulfill the unexpired term of Donald Gibbins. Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest. sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-292 AGREEMENT I sI George VanDeVoorde George VanDeVoorde, Mayor ED AUTHORIZING EXECUTION OF AN & ASSOCIATES, INC. Councilman Pox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-292 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GUILLOU & ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, 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 Guillou & Associates, Inc. for a stream survey, a copy of which is attached hereto and made a part hereof by reference. _sl George VanDeVoorde _ George VanDeVoorde, Mayor Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 555 OCTOBER 26, 1994 VOLUME LIX RESOLUTION 94-293 ADOPTED APPROVING IMPROVEMENTS NO. 2 IN THE BOULE Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the.foll.owing resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-293 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH PALUMBO BROTHERS, INC. FOR NORTH MCLEAN BOULEVARD IMPROVEMENTS WHEREAS, the City of Elgin has heretofore entered into a contract with Palumbo Brothers, Inc. for the North McLean Boulevard improvements; 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 Richard B. Helwig, 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. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-294 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH SINNETT BUILDERS, INC. FOR THE CENTER CITY PARKING LOT Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX OCTOBER 26, 1994 556 Resolution No. 94-294 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH SINNETT BUILDERS, INC. FOR THE CENTER CITY PARKING LOT WHEREAS, the City of Elgin has heretofore entered into a contract with Sinnett Builders, Inc. for the Center City Parking Lot improvements; 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 Richard B. Helwig, 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. Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-2 AGREEMENT (35'5 s/ George VanDeVoorde George VanDeVoorde, Mayor ING EXECUTION. OF A LEASE Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-295 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT (355 Dundee Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute a written lease agreement with the Housing Authority of Elgin for the premises commonly known as 355 Dundee 557 OCTOBER.26, 1994 VOLUME LIX Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-296 ADOPTED ACCEPTING A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF A WATER MAIN SAFETY-KLEEN CORP. Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-296 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE. OF A WATER MAIN (Safety--Kleen Corp.) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to accept a Grant of Easement on behalf of the City of Elgin from Safety-;Kleen Corp. for the construction and maintenance of a water main for the property legally described in the Grant of Easement, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LIX OCTOBER 26, 1994 558 ORDINANCE G57-94 PASSED PROVIDING FOR THE REGULATION OF ICE Councilman Fox made a motion, seconded by Councilwoman Popple, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G57-94 AN ORDINANCE PROVIDING FOR THE REGULATION OF POLICE ALARM SYSTEMS WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt an ordinance providing for the regulation of police alarm systems within the City; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function relating to its government and affairs; and WHEREAS, the adoption of an ordinance providing for the regulation of police alarm systems within the City pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 6 entitled "Business Licenses and Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Chapter .6.47 entitled "Police Alarm Systems" to read as follows: „Chapter 6.47 POLICE ALARM SYSTEMS 6.47.0,10 Purpose and Intent. The ordinance codified in this chapter is adopted for the purpose of regulating and permitting alarm systems to which the police are expected to respond. 6.47.020 Definitions. A. "Alarm company" means the business by any person, firm, partnership, corporation, association, organization, company, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm 559 OCTOBE:R 26, 1994 VOLUME LIX system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, or installed in or on any building, structure or facility. B. "Alarm agent" means any person employed by, working for, representing., or subcontracted by an alarm company. C. "Alarm system" means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of any actual or attempted burglary or robbery to which the police are expected to respond. D. "Alarm user" means a person(s), firm, partnership, corporation, association, organization, company, or other entity in control of a premise where an alarm system is located. E. "Audible alarm" means an alarm system or device that generates an audible sound. F. "Automatic dialing digital alarm communicator system" means a system in which signals are transmitted from a digital alarm communicator transmitter located at a protected premises through the public switched telephone network to a digital alarm communicator receiver at a central alarm station or the police department alarm monitoring system. G. "Automatic dialing telephone alarm" means a device that automatically dials. any of the police department emergency communications center telephone lines, without human activation of the device by the alarm user or employee of the alarm user, upon detection of an illegal entry or other illegal activity at a protected premise. H. "Calendar year" means a 12-month period beginning January 1st and ending December 31st every year. I. "Central alarm station" means a system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded at, or maintained and serviced from a place of business having trained alarm operators in attendance at all times. J. "Chief of Police" means. the City of Elgin Chief of Police or his designee. K. "Ci.ty" means the City of Elgin, Illinois. VOLUME LIX OCTOBER 26, 1994 560 L. "Emergency Communications Director" means the City of Elgin Emergency Communications Director or her designee. M. "False alarm" means activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the alarm user or alarm users employee, whether or not the exact cause of the alarm activation is determined, or any other activation or transmission of any alarm signal where no actual or attempted burglary or robbery exists. Severe weather, power outages, transmission line malfunctions, acts of God, malicious acts of persons not under the control of the alarm user, or any other cause clearly beyond the control of the alarm user will be considered in determining if an alarm activation was false and whether or not any occurrence, fine, warning or other punitive action will be taken against the . alarm user as provided for by this ordinance. N. "Notice" means written notice given by personal service upon the addressee, or, given by the United States Postal Office, postage paid, to the addressee's last known mailing address. `N O. "Permittee" means any person, firm, partnership, corporation, association, organization, company, or other entity issued an alarm permit by the City. P. "Person" means a natural person, or a firm, partnership, corporation, association, organization, company, or other entity. Q. "Prerecorded telephone message" means any prerecorded voice message transmitted or received over a telephone line. R. "Protected premises" means any building, structure., or facility where an alarm system is installed to signal the occurrence of any actual or attempted burglary or robbery to which the police are expected to respond. 6.47.030 Permit Required. A. It is unlawful f-or any person, firm, partnership, corporation or other legal entity to. use, own or lease an alarm system or to be in control of. a premises wherein an alarm system is operated or maintained without having first obtained a permit as provided in this chapter. 561 OCTOBER 26, 1994 VOLUME LIX B. It is unlawful for any person, firm, partnership, corporation or other legal entity to a use, own or lease an alarm system or to be in control of a premises wherein an alarm system is operated or maintained when a permit therefore has been revoked. C. A permit must be obtained for each separately addressed operating location. D. No fee shall be charged to obtain an alarm user permit. E. All permits issued are valid indefinitely unless revoked. 6.47.040 Permit Application. A. Each applicant for a permit to maintain an alarm system shall file a written application with the City Finance Department stating: 1. The full legal name, address, and telephone number of the applicant. 2. The name, address and telephone number of the premises where the alarm system is located. 3. The type of alarm system at the protected premises. 4. A list of three persons, including their addresses and telephone numbers, who can be contacted and will respond to the premises in the event of an emergency or to reset or deactivate the alarm system, or who could contact the alarm user if the alarm user is not at the protected premises. 5. The names, address and telephone number of the person or company that installed the alarm system. 6. The name, address and telephone number of the person or company that is responsible for the maintenance and repair of the alarm system, if applicable. B. Incomplete applications shall be returned to the applicant. A permit will not be issued until the completed application is received and approval for the permit has been granted by the Emergency Communications Director. VOLUME LIX OCTOBER 26, 1994 562 C. An application for an alarm user permit shall be denied if: 1. The applicant has failed to pay false alarm fees required by this ordinance for a different protected premises under the applicant's ownership or control. 2. The applicant has failed to comply with any provisions of this ordinance or other ordinances of the City. D. The City's Finance Department shall be responsible for processing and issuing alarm user permits. 6.47.050 Alarm Activations at a Premises Where an Alarm User Permit Has.Not Been Issued. Any alarm user who does not have a valid alarm user permit will be assessed a fine in the amount of $300 for each notice to the Police Department of an activation of a burglar or robbery alarm system at the protected premises. 6.47.060 Updating Alarm User Application. It is unlawful for any alarm user to fail or refuse to amend its alarm user permit application within 14 days after any of the information required and contained therein becomes outdated or inaccurate. 6.47.070 Transfer of Alarm User Permit Prohibited. All alarm user permit cannot be transferred to another premises or to another person. 6.47.080 Audible Alarm System Requirements. All alarm system that emits an audible signal that may be heard by persons outside the protected building, structure or facility shall conform to the following requirements: A. No audible alarm system shall create a sound similar to that of the City's Civil Defense Warning System. B. Audible alarm systems shall automatically discontinue emitting an audible sound within 30 minutes after it is activated. C. With respect to systems in existence prior to the adoption of this ordinance, the owner or operator thereof shall have . 30 days from the 563 OCTOBER 26, 1994 VOLUME LIX effective date of this ordinance to effect the necessary modifications to comply with the foregoing requirements. 6.47.090, Automatic Dialing Telephone Alarm Requirements.. A. Any automatic dialing telephone alarm or device installed and operated that dials any City of Elgin telephone line other than the designated Police Department alarm line is prohibited. No. person will install, or cause to be installed, or maintain or cause to be maintained, any automatic dialing telephone alarm that dials any City of Elgin telephone line other than the designated Police Department. alarm line. Any such automatic. dialing telephone alarm or device that dials any City of Elgin telephone line other than the designated police alarm line must be reprogrammed to dial the designated Police Department alarm line removed or deactivated by the owner thereof at the owner's expense, within thirty (30) days following the effective date of this ordinance. B. It is unlawful for any person to allow any automatic alarm, automatic dialing device or automatic alerting device which causes any City telephone line to be dialed, and whose sole purpose is to establish an open telephone line with the specific intent that a conversation between parties not actively speaking into the telephone instrument be heard by the Police Department in order to directly access emergency services based on this overheard conversation, or lack of conversation. 6.47.100 False Alarms Prohibited. It is unlawful for any person to knowingly activate an alarm system for the purpose of summoning the Police Department except if such person knows or suspects that there is an actual or attempted burglary or robbery on the premises. 6.47.110 False Alarms -- Fines -- Notifications. A. Any alarm user permittee who has more than four false alarms within a calendar year at a single protected location will be assessed fines according to the following fine schedule: 5th - 8th False Alarm $100 Fine per False Alarm 9th - 10th False Alarm $200 Fine per False Alarm More than 10 False Alarms $300 Fine per False Alarm. VOLUME LIX OCTOBER 26, 1994 564 B. All fines must be paid to the City Finance Department within thirty (30) days from the date of the invoice requesting payment of the fine(s). C. The Emergency Communications Director shall notify the alarm user,. in writing, of each instance wherein the Police Department has recorded a false alarm. The alarm user shall have the opportunity within fourteen (14) days from the date of mailing or personal delivery to submit a report or meet with the Emergency Communications Director for the purpose of showing cause as to whether circumstances exist to warrant voiding the false alarm recordation. The Emergency Communications Director shall review the alarm user's report and/or meet with the alarm user and issue a written finding to the alarm user as to whether or not the false alarm record will be voided. The finding of the Emergency Communications Director shall be final. 6.47.110 Permit Revocation A. Any alarmed premises which has ten (10) or more false alarms within a calendar year shall subject the alarm user to permit revocation as provided herein. B. If City records show ten (10) or more false alarms within a calendar year for any alarmed premises: 1. The Emergency Communications Director shall notify the alarm user by certified mail or personal delivery, that their alarm permit shall be revoked thirty (30) days from date of mailing or personal delivery. The alarm user shall have fourteen (14) days from the date of mailing or personal delivery to submit a written report to the Emergency Communications Director describing actions taken or to be taken to identify and eliminate the cause of the false alarms, and to request that their Alarm Users Permit be reinstated. 2. If the alarm user submits a report requesting reinstatement of •their Alarm Users Permit, the Emergency Communications Director shall determine if the action taken or to be taken will substantially reduce the likelihood of false alarms; if he determines that the action will substantially reduce the likelihood of false alarms., he shall notify the alarm user, via certified mail or personal delivery, that the request to reinstate the Alarm Users Permit has been approved. 565 OCTOBER 26, 1994 VOLUME LIX 3. If the alarm users permit is reinstated, and the Police Department responds to a subsequent false alarm activation in the same calendar year at the protected premises, the Emergency Communications Director shall proceed with the permit revocation process again as described in this Section 6.47.110B. The alarm user shall also be assessed a fine in the amount of $300 for each subsequent false alarm through the remainder of the calendar year. 4. If the Emergency Communications Director determines that the action taken, or to be taken, will not substantially reduce the likelihood of false alarms, the request for reinstatement shall be denied. The Emergency Communications Director shall give notice by certified mail or personal delivery, to the. user that the permit will be revoked without further notice. 5. An alarm user whose permit has been revoked by the Emergency Communications Director may, within fourteen (14) days of receipt of the notice of revocation, appeal this decision by filing a written request for a review meeting with the Chief of Police. 6. If a review meeting with the Chief of Police is requested, written notice of the time and place of the review meeting will be served on the alarm user by the Chief of Police by certified mail or personal delivery within fourteen (14) days of the request by the alarm user. 7. The Emergency Communications Director and the alarm user shall have the right to present written and oral evidence, subject to the right of cross examination by both parties. 8. If the Chief of Police determines that the user has not taken action which substantially reduces the likelihood of false alarms, the Chief of Police shall issue written findings to that effect and an order denying reinstatement of the alarm users permit. 9. If the Chief of Police determines that the alarm user has taken action which substantially reduces the likelihood of false alarms, the Chief of Police shall issue written findings to that effect and an order approving reinstatement of the alarm users permit. 1.0. If the alarm user's permit is reinstated, pursuant to the preceding subparagraph 9, and the Police Department responds to a subsequent false VOLUME LIX OCTOBER 26, 1994 566 alarm activation in the same calendar year at the protected premises, the Emergency Communications w Director shall proceed with the permit revocation process again as described in this Section 6.47.110B. The alarm user shall also be assessed a fine in the amount of $30.0 for each subsequent false alarm activation through the remainder of the calendar year. 11. If the alarm user's request for reinstatement of their .alarm permit has been denied by the Chief of Police, the alarm user may, within fourteen (14) days of receipt of the notice of revocation, appeal this decision by filing a written request for a review meeting with the City Manager. 12. If the City Manager determines that the. user has not taken action which substantially reduces the likelihood of false alarms, the City Manager shall issue written findings to that. effect and an order denying reinstatement of the alarm users permit. The decision of the City Manager shall be final. 134 If the City Manager determines that the alarm user has taken action which substantially reduces the likelihood of false alarms, the City Manager shall issue written findings to that effect and an order approving reinstatement of the Alarm. User's Permit. 14. If the alarm user's permit is, reinstated pursuant to the preceding subparagraph 13, and the Police Department responds to a subsequent false alarm activation in the same calendar year at the protected premises, the Emergency Communications Director shall proceed with the permit revocation process again as described in this Section 6.47.110B. The alarm user shall also be assessed a fine in the amount of $300 for each subsequent false alarm activation through the remainder of the calendar year. C. Any alarm user permittee who fails to pay any fines or charges provided for under this chapter within thirty (30) days from the date of the invoice requesting payment of same shall have the subject alarm user permit revoked. Any such alarm user permit shall not be reinstated until all the unpaid fines and fees are paid in full. 567 OCTOBER 26, 1994 VOLUME LIX 6.47.120 Testing Equipment. No person shall conduct or cause to be conducted, any test or demonstration of any alarm system or signalling device that is directly connected with the Police Department Emergency Communications Center without first obtaining permission from the Police Department Emergency Communications Center personnel. Permission to test shall not be required when the alarm. system or signalling device is connected to an intermediary receiver and is not relayed to the Police Department Emergency Communications Center. 6.47.130 No. Liability of City. The City assumes no liability for any defects in the operation of any alarm. system or signal line system, for any failure or neglect of any person associated with the installation, operation or maintenance of any alarm system, for any' failure or neglect of any alarm user, for the transmission or receipt of alarm signals or any failure or neglect to respond upon receipt of an alarm from any source. In the event that the City finds it necessary to revoke an alarm user permit or to otherwise provide for the disconnection of any alarm system, the City shall have no liability for such action. No special duty other than that owed to the general public shall be created by virtue of this ordinance or by virtue of the issuance of an alarm system permit, the direct connection of an alarm system with the Police Department or as a result of the transmission to or receipt of alarm signals by the Po.li.ce Department. 6.47.140 Severability. If any provision, clause, sentence, paragraph, section, or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional. or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter in the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the City Council that this chapter would have been adopted had such unconstitutional or invalid provisions, clause, VOLUME LIX OCTOBER 26, 1994 sentence, paragraph, section or part thereof not been included. 6.47.150 Penalty for Violation. Any person, firm or corporation violating any .provisions of this chapter, in addition to the fees and specific fines established herein., shall be fined as provided in Chapter 1.20 of this code. Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense." Section 2. That Section 2.52.180 of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 3. That Section 16.40.240 of the Elgin Municipal Code, 1976, as amended, by and is hereby repealed. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect as of January 1, 1995. Presented: October 26, 1994 Passed: October:26, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: October 27, 1994 Published: October 27, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SUPPLEMENTAL RE. MUNICIPALITY I sl George VanDeVoorde _ George VanDeVoorde, Mayor PION 94--297 ADOPTED FOR I SHE ILLINOIS HIGHWAY CODE BY Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-297 Illinois Department of Transportation BE IT RESOLVED, by the SUPPLEMENTAL Resolution for Improvement by Municipality Under the Illinois Highway Code Council Council or President and Board of Trustees City of Elgin City, Town or Village that the following described street(s) be Improved under the Illinois Highway Code: Construction of the ,Illinois Name of Thoroughfare Route From To List submitted to IDOT in November, 1992 BE IT FURTHER.RESOLVED, 1. That theW&p6$6dimprovement sARNconsist-of —Street Recow;triietinn,._WatPr MAin_R.APl_a.c_eme..nt, and Storm Sewer Installation was andMMtbe constructed 1hJ19d.as Section - - E909 2. That there is hereby appropriated the (additional) sum of Two hundred five,.. thousand one ,.,.hundred a.,n,d,� —eighty seven Dollars ($ 205,187.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work Abe done by contrart ;and, (Specify Contract or bay Labor) BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. APPROVED , 19 . D60artment of Transportation District Engineer Mr. 1, Miss Do.lonna Mecum Clerk Mrs. in and for the of Elgin _ (City, Town or Village) County of Kane & Cook ,hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council (Council or President and Board of Trustees) at a meeting on October 26 rig 94 . IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 8L9 4103(Rey. 8/87) EL 494-0352 27th day of October fA.D.1924 (S E A L) s /--Dolonna Mecum Elgin „_City ____Clem. VOLUME LIX OCTOBER 26, 1994 570 RESOLUTION 94-298 ADOPTED ESTABLISHING A POLICY FOR INCURRING DEBT Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-298 RESOLUTION ESTABLISHING A POLICY FOR INCURRING DEBT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that as it is necessary and desirable to continue the city's efforts to maintain and improve the city's credit worthiness, there is hereby established a financial policy related to General Obligation debt issuance and key debt related ratios and to promote a usable, financially achievable capital improvement program. BE IT FURTHER RESOLVED that consistent with the types of ratios used by the major national credit rating agencies, the following debt ratio policies are hereby established: Estimate As of As of Type of Ratio 12/31/94 Median Ceiling 12/31/99 Direct Net Debt Per Capita $508 $629 $754 $548 Ratio of Net Direct Debt to Estimated Full Value (EFV) 1.35 1.70 1.92 1.17 Overlapping Net Debt Per Capita $1,071 $1,217 $1,460 $1,051 Ratio of Overall Net Debt to Estimated Full Value 2.85 3.20 3.84 2.24 Net Direct Debt As a Percentage of Operating Expenditures 14.1% N/A 17.5% 13.1% No ratio shall exceed the ceiling established. BE IT FURTHER RESOLVED that the following debt issuance policies are established. A. Tax or Revenue Anticipation Notes shall not be issued to fund governmental operations except in the event that existing cash reserves are exhausted due to emergency 571 OCTOBER 26, 1994 VOLUME LIX expenditures. Borrowing due to exhaustion of cash reserve.4s shall be for one year or less and shall be used solely to address cash flow shortfalls between operating expenditures and revenue col.lection. B. Bond Anticipation Notes (BAN's) shall not be issued for a period longer than two years. If the city issues a BAN for a capital project, the BAN will be converted to a long-term bond or redeemed at expiration. C. Capital projects shall. be financed from current revenues to the extent reasonably practicable. D. A five-year capital improvement program shall be adopted and updated annually. In accordance with this policy and in order to meet the debt ratio targets, to schedule debt issuance, and to systematically improve the capital infrastructure, the capital improvement program shall identify the source of funding for all. capital projects. The debt issues that are a part of the capital improvement program shall be structured to meet the city's debt policies and debt ratio targets. The city when issuing debt, shall insure that when averaging proposed debt with existing debt 50% of the principal shall be retired within ten years. Additionally, no debt shall be issued whose maturity exceeds the expected life of the asset for which the debt was incurred. E. The Director of Finance., in conjunction with the city's financial advisor, shall review the acquisition, improvement, or other purpose of borrowing and provide the City Manager with a recommendation as to the type of debt that should be issued. Criteria used shall include amount, time, type of acquisition or project, prevailing interest rates and. prudent maturity schedule. F. The city shall not other than in exceptional circumstances use General Fund equity to finance current operations. The city's General Fund equity balance (unreserved cash balance) shall by the year 1999 provide the city with sufficient working capital and contingency funds to enable it to finance unforeseen emergencies without borrowing. To conserve the General Fund equity balance and to avoid reliance on this balance, the city will not finance operations from the General Fund equity balance for periods longer than one year. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LiX OCTOBER 26, 1994 572 Presented: October 26, 1994 Adopted: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T6-94 PASSED ESTABLISHING A MUNICIPAL RESERVE FUND Councilman Fox made a motion, seconded by Councilwoman Popple, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. T6-94 AN ORDINANCE ESTABLISHING MUNICIPAL RESERVE ACCOUNTS WHEREAS, the City of Elgin is a home rule unit within the meaning and by virtue of the ,provisions of the Constitution of the State of Illinois, 1970; and WHEREAS, the City of Elgin, as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, it is necessary and desirable to establish and maintain an account to meet ordinary and necessary disbursements for salaries and other general and special corporate purposes and to meet unanticipated contingencies in order to: A.. Provide adequate cash flow and to prevent the need for short term borrowing; B. Provide for temporary funding for unforeseen/unbudgeted expenditures related to emergencies or nonrecurring items; C. Provide for orderly budgetary adjustments when revenues are lost due to the actions of other governmental bodies; D. Maintain or improve the city's overall general obligation bond rating; E. Offset significant economic downturns or revenue shortfalls. 573 OCTOBER 26, 1994 VOLUME LIX NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the Municipal Reserve Account which shall be funded to reach a balance .of an amount not less than 16% nor more than 19% of the preceding year's expenditures for the general fund. Such balance shall be attained over a period of five years. Section 2. That for the years 1995 through and including 1999, the reserve fund shall be funded as follows: Beginning Balance 1995 1996 1997 1998 1999 Dollars Year End Total (Millions) (Millions) $1.4 $1.4 2.5 3.9 IA 4.9 1.0 5.9 1.0 6.9 1.0 7.9 Section 3. That expenditures from the reserve account shall be made solely for necessary disbursements for budgeted salaries and the general and special corporate purposes for which funds are not on hand and for unanticipated contingencies upon a majority vote of the corporate authorities then holding office. Section 4. That this ordinance shall be in full force and effect from and after its passage. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 2.6, 1994 Passed: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: October 27, 1994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LI.X OCTOBER 26, 1994 .574 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilman Gilliam made a motion, seconded by Councilman Fox, to place the following reports/minutes on file as published. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Sales Tax Revenue Report for July 1994 Water and Sewer Maintenance Accounts Receivable Report for September 1994 Bluff City Cemetery 1994 Third Quarter Report Department of Code Administration Permit Report for September 1994 Heritage Commission Minutes for September 19, 1994 Planning and Development Commission Minutes for September 19, 1994 Zoning and Subdivision Hearing Board Minutes for September 21, 1994 Committee of the Whole Minutes for September 1994 City Council Minutes for September 28, 1994 September 1994 Disbursement Report ANNOUNCEMENTS Mayor VanDeVoorde made announcements regarding forthcoming meetings, including the special committee of the Whole Meeting Tuesday, November 1, 1994, at 5:00 p.m. ADJOURNMENT Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adjourn the meeting. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. The meeting adjourned at 9:28 p.m. _ November 16 1994 Dolonna Mecum, City Clerk Date Approved