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HomeMy WebLinkAbout94-12VOLUME LIX DECEMBER 7, 1994 713 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT SPECIAL MEETING A special meeting of the Council of the. City of Elgin, Illinois, was -held on December 7, 1994, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:12 p.m. The Invocation was given by Gretchen Vapnar of the Community Crisis Center, and the Pledge of Allegiance was led by Rick Helwig. ROLL CALL Roll call was answered by Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Absent: Councilman Gilliam. MINUTES OF THE.NOVEMBER 16, 1994 COUNCIL MEETING APPROVED AS CORRECTED Councilwoman. Popple stated that the minutes should be corrected to reflect that Father Cassidy's first name is Dominic. Councilman Fox made motion, seconded by Councilman Walters, to approve the November 16, 1994, Council Minutes as corrected. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RECOGNITION OF ELGIN POLICE DEPARTMENT PERSONNEL Police Chief Gruber presented awards to officers who were not able to be at the Police and Fire Awards Banquet on November 21 because of a homicide investigation. Senior Detective James Barnes received the Chief's Appreciation Award and the Distinguished.Service Commendation Award for Class 1, and Police Sergeant Mark Brictson received the Distinguished Service Commendation Award, and Police Sergeant Mark Brictson was presented with the Distinguished Commendation Award. RECOGNIZE PERSONS PRESENT Brad Bohlen, 1050 Augusta Avenue, addressed. the Council regarding the intentional delivery of inflated water bills. He stated that he finds the practice offensive. He encouraged Council to direct the Finance and Water Departments to explore other options and to change the ordinance which provides for the addition of a surcharge to the water bills because an actual water meter read has not been taken for approximately ten months. 714 DECEMB:ER-7, 1994 VOLUME LIXR BID 94-084 AWARDED FOR FIRE AND SECURITY ALARM SYSTEM FOR OLD MAIN Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to award this contract to the overall, Tow responsive bidder, Fox Valley Fire & Safety Company, for a total net price of $7,416.09 ($7,491.00 less a 1% - 20 day discount). Yeas Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde., Nays: None. TRUTH IN TAXATION HEARING Finance Director Nowicki reviewed the Truth In Taxation procedures and the estimated tax, levy figures. Kevin Kelly, 852 Shady Oaks Drive, stated that he believes property taxpayers should share in the riverboat revenue windfall directly - not just indirectly. He thought one of the reasons to support the riverboat was to give citizens tax relief. Robert Baird,'905 Ruth Drive, stated that Kevin Kelly summed up what he had wanted to say. He believes riverboat funds should be used to offset property tax increases as he believes the property owner is being unduly taxed. He doesn't want riverboat funds to be used on "wish list" items. Councilman Schock made a motion, seconded by Councilman Walters, to close the public hearing. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 50-94 APPROVED REQUESTING GI GENERAL INDUSTRIAL DISTRICT CONDITIONAL USE. APPROVAL FOR A CHILD DAY CARE SERVICE' PROPERTY LOCATED AT 715 TOLLGATE ROAD; BY ELGIN OAKS 11. AS APPLICANT AND OWNER Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to remove consideration of Petition 50-94 from the table. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Fox made a motion, seconded by Councilman Walters, to approve Petition 50-94 subject to the recommended conditions. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None, VOLUME LIX DECEMBER 7, 1994 715 ORDINANCE G68-94 P Lnlbu BY EL, Councilwoman Popple made a motion, seconded by Councilman Schock, to pass the following ordinance. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G68-94 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CHILD DAY CARE SERVICE (715 Tollgate Road) WHEREAS, written application has been made for a GI General Industrial District conditional use for a child day care service at 715 Tollgate Road; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its written 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 service at 715 Tollgate Road and legally described as follows: THAT PART OF LOT 1 IN THE RESUBDIVISION OF LOT 37 IN NORTH INDUSTRIAL PLAZA, BEING A SUBDIVISION OF PART OF SECTIONS 33 AND 34, TOWNSHIP 42 NORTH, RANGE S EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE AFORESAID SUBDIVISION THEREOF, RECORDED ON APRIL 26, 19979 AS DOCUMENT NO. 1501649, EXCEPT THAT PART LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WEST LINE OF SAID LOT, 315.00 FEET SOUTHERLY (AS MEASURED ALONG SAID LINE) OF THE NORTHWEST CORNER THEREOF, THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID LOT, 220.00 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING A DEFLECTION ANGLE TO THE RIGHT OF 17 DEGREES, 62.00 FEET; THENCE EASTERLY PARALLEL WITH SAID NORTH LINE TO THE EASTERLY LINE OF SAID LOT; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 716 DECEMBER 7, 1994 VOLUME LIXa be and is hereby granted subject to the following conditions: 1. Substantial compliance with the site plan prepared by Popowych Associates, Ltd., revised October 3, 1994, and the Statement of Purpose and Conformance prepared by Mark Bratkiv, dated July 20, 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. Presented: December 7, 1994 Passed: December 7, 1994 Vote: Yeas 6 Nays 0 Recorded: December 8, 1994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PETITION 42-94 r�r nrrr r. �r rtim rer�tirw�r s/ George VanDeVoorde George VanDeVoorde, Mayor BUSINESS AIR, PROPERTY Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to approve Petition 42-94 subject to the recommended conditions. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX DECEMBER 7, 1994 717 DVm7mrnW 9.,I-QA ADDDnvvn Councilwoman Popple made a motion, seconded by Councilman Walters, to approve Petition 52-94 subject to the recommended conditions. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 60--94 APPROVED REQUESTING_ FINAL PLAT APPROVAL FOR FOX BLUFF CORPORATE CENTER RESUBDIVISI.ON, PROPERTY LOCATED AT 1111 BOWES ROAD; BY OLIVE CAN COMPANY AND THE CITY OF ELGIN, AS APPLICANTS AND OWNERS Councilman Fox made a motion, seconded by Councilman Walters, to approve Petition 60-94 subject to the recommended conditions. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilmember Fox made a motion, seconded by Councilmember Popple, to authorize the following payments. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays; None. Children's Theatre $ 1,228.08 Final payment for of Elgin "Peter Pan." Elgin, IL Layne Western Co. $ 6,708.50 Emergency repairs to Aurora, IL Bluff City in -line booster pump. Dreisilker Electric $ 6,542.03 Emergency repairs to Motors the lime residue Elk Grove Village, IL transfer pump at Riverside Water Treatment Plant. Geraldi Sewer & Water $ 8,001.88 Repairs to sanitary Norridge, IL sewer service at 770 Murray Avenue. Illinois Hydraulic $ 9,200.00 Emergency repairs to Construction Company watermain along the South Elgin, IL south side of Route 20 Bypass at Peck Place. A. C. Pavement $122,450.42 Full and final payment Striping Company for 1994 Des Plaines, IL Micro --surfacing and Crack Sealing Program. F 718 DECEMBER 7, 1994 VOLUME LIX Hanchette Insurance $ 8,147.00. Additional excess Elgin, IL worker's compensation premium. Nortech $ 5,238.41 Various phone line Communications changes and. new Elk Grove Village, IL equipment installations for the Planning Department, the Department of Code Administration, and the Management Information Services Division. Boncosky Oil Co. $ 6,965.03 Purchase of gasoline Elgin,. IL for Ann Street garage. University of $ 5,190.00 Tuition for two new Illinois police officers to Urbana, IL attend the required Basic Law Enforcement Course. AUTHORIZATION FOR RIVER PLACE PAYMENTS Councilwoman Popple made a motion, seconded by Councilman Fox, to authorize the following payments. Yeas: Councilmembers Fox, Popple, Schock, Walters, and Mayor VanDeVoorde,. Nays: Councilwoman Yearman. Tessendorf Mechanical $ 1,997.55 Repairs and Gilberts, IL preventative maintenance to the bailer system for River Place. Long Elevator $ 800.00 November 1994 elevator Springfield, IL maintenance service for River Place. Waste Management West $ 465.68 Prior refuse removal Bedford Park, IL services for River Place. Jabre Janitorial $ 300.00 For cleaning the first Elgin, IL floor of River Place. Fox Valley Fire & $ 548.61 For payment of monthly Safety fire alarm leasing fee Elgin, IL for River Place. VOLUME LIX DECEMBER 7, 1994 719 CONSENT AGENDA Councilman Walters made a motion., seconded by Councilwoman Yearman, to adopt Resolution Nos. 94-310 through 94-322 by omnibus vote. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION 94-310 ADOPTED ACCEPTING THE PROPOSAL OF CHARLES H. SCHRADER & ASSOCIATES FOR GRANT ASSISTANCE Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-310 . RESOLUTION ACCEPTING THE PROPOSAL OF CHARLES H. SCHRADER & ASSOCIATES FOR GRANT ASSISTANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Charles H. Schrader & Associates for grant assistance, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 5 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94--311 ADOPTED ADOPTING A HYDRANT METER POLICY Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 720 DECEMBER 7, 1994 VOLUME LIX" Resolution No. 94-311 RESOLUTION ADOPTING A HYDRANT METER POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts a Hydrant Meter Policy dated December 1994 as the City of E1gin's policy for metering of water use from hydrants, a copy of which is attached. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN HYDRANT METER POLICY December 1994 Any water obtained from the City of Elgin fire hydrants shall be metered and provided subject to the following: Hydrant meters and accessories shall be obtained through the Meter Shop of the City of Elgin. A deposit shall be required in the form of a certified or cashier's check; no cash shall be accepted. COSTS: 1. Meter and accessory deposit: $250 for meters 11 inches and smaller; $600 for 2--inch or 3--inch meters. In the event the water meter is not returned or is returned damaged, deposits shall be forfeited and final billing shall reflect these additional replacement costs: 5/8" meter $36.00 3/4" meter 59.00 1" meter 89..00 Hydrant wrench: $35.00 11." meter $214.00 2" meter 342.00 3" meter 548.64 2. Usage deposit: $200.00 or one month's anticipated water usage, whichever is higher. VOLUME LIX I DECEMBER 7, 1994 .721 3. Water charges: Water usage shall be billed bimonthly on an estimated basis unless actual reads are provided. The water rate is $1.5351 per 100 cubic feet ($2.05 per 1,000 gallons) or existing rates as adopted 'by the Elgin City Council. No sewer fees shall be billed. In addition to usage, the following meter availability charges will be added to the bimonthly bill: 5/8" meter $ 3.60/month 12" meter $ 48.00/month 3/4" meter 12.00/month 2" meter 72.00/month 111 meter 24.00/month 3" meter 130.00/month Water bills will be issued until the meter is returned to the City. WATER BILLING/ACCOUNTABILITY Hydrant meters shall be returned to the Meter Shop November 1 of each year. The meter shall be read to determine total water usage. City of Elgin Hydrant Meter Policy December 1994 The sign out form for hydrant water usage will be completed in its entirety with all relevant information, including the start reading, by all, contractors, whether associated with a city contract or not. The completed form and deposits shall be forwarded to the Finance Department. When the meter is returned, the end read shall be taken or estimated if damaged or lost and usage calculated. This information will be forwarded to the Finance Department for final billing. If the water usage is associated with a city contract, the contractor shall be billed for the water usage unless the charge for water is waived in writing by the Director of Water Operations. A hydrant meter deposit shall be required in all instances. RESOLUTION 94-312 ADOPTED AUTHORIZING EXECUTION OF AN APPLICATION FOR HIGHWAY PERMIT Councilman Walters made a motion; seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 722 DECEMBER 7, 1994 VOLUME LIX' Resolution No. 94-312 RESOLUTION AUTHORIZING EXECUTION OF AN APPLICATION. FOR HIGHWAY PERMIT 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 Application for Highway Permit on behalf of the City of Elgin with the Cook County Highway Department for maintenance of a portion of Shoe Factory Road, a copy of which is attached hereto and made a part hereof by reference. sl George_ VanDeVoorde George VanDeVoorde, Mayor Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna. Mecum Dolonna Mecum, City Cler RESOLUTION 94-313 ADOPTED APPOINTING ED KELLY TO THE NEW CENTURY PARTNERSHIP OF ELGIN Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-313 RESOLUTION APPOINTING ED KELLY 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 Ed Kelly is hereby appointed to membership on the Board of Directors of said New Century Partnership of Elgin. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIX DECEMBER 7, 1994 723 Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-3.14 ADOPTED PLACING TENTATIVE ANNUAL BUDGET FOR 1995 ON FILE FOR PUBLIC INSPECTION AND SETTING PUBLIC HEARING THEREON Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-314 RESOLUTION PLACING TENTATIVE ANNUAL .BUDGET FOR.1995 ON FILE FOR PUBLIC INSPECTION AND SETTING PUBLIC HEARING THEREON WHEREAS, the corporate authorities have heretofore determined that an annual budget be passed in lieu of an appropriation ordinance as provided by 65 ILCS 5/8-2-9; and WHEREAS, a tentative annual, budget for 1995 has been prepared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That the tentative annual budget for 1995 be placed on file and available for inspection in the office of the City Clerk. 2. That a public hearing on the tentative annual budget for 1995 be held on December 14, 1994 at 8:00 p.m. in the City Council Chambers. 3. That the City Clerk has caused notice of the public hearing on the tentative annual budget for 1995 to be published in the Daily Courier News at least one week prior to the time of the hearing.- s/ George VanDeVoorde George VanDeVoorde, Mayor 724 DECEMBER 7, 1994 VOLUME LIX- Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-315 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1995 Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays.: None. Resolution No. 94-315 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 1995 BE IT RESOLVED BY THE.CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of City Council meetings for 1995 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 1995 Committee of the Whole January 11, 1995 6:30 PM City Council January 11, 1995 8:00 PM Committee of the Whole January 25, 1995 6:30 PM City Council January 25, 1995 8:00 PM Committee of the Whole City Council Committee of the Whole City. Council Committee of the. Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council February 8, 1995 6:30 PM February 8, 1995 8:00 PM February 22,. 1995 6:30 PM February 22, 1995 8:00 PM March 8, 1995 6:30 PM March 8, 1995 8:00 PM March 22, 1995 6:30 PM March 22, 1995 8:00 PM April 12, 1995 6:30 PM April 12, 1995 8:00 PM April 26, 1995 6:30 PM April 26, 1995 8:00 PM May 10, 1995 6:30 PM May 10, 1995 8:00 PM May 24, 1995 6:30 PM May 24, 1995 8:00 PM VOLUME LIX DECEMBER 7, 1994 725 Committee of the Whole w.. City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Committee of the Whole City Council Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk June 14, 1995 6:30 PM June 14, 1995 8:00 PM June 28, 1995 6:30 PM June 28, 1995 8:00 PM July 12, 1995 6:30 PM July 12, 1995 8:00 PM July 26, 1995 6:30 PM July 26, 1995 8:00 PM August 9, 1995 6:30 PM August 9, 1995 8:00 PM August 23, 1995 6.:30 PM August 23, 1995 8:00 PM September 13, 1995 6:30 PM September 13, 1995 8:00 PM September 27, 1995 6:30 PM September 27, 1995 8:00 PM October 11, 1995 6:30 PM October 11, 1995 8:00 PM October 25, 1995 6:30 PM October 25, 1995 6:00 PM November 8, 1995 6:30 PM November 8, 1995 8:00 PM December 6, 1995 6:30 PM December 6, 1995 8:00 PM December 20, 1995 6:30 PM December 20, 1995 8:00 PM sl George VanDeVoorde George VanDeVoorde, Mayor RESOLUTION 94-316 ADOPTED APPROVING CHANGE ORDER N.O. 1 IN THE CONTRACT WITH HARRY W. KUHN, INC. FOR BOWES ROAD FINAL SURFACE Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: u. Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 726 DECEMBER 7, 1994 VOLUME LIX. Resolution No. 94-316 RESOLUTION APPROVING CHANGE ORDER NO.. 1 IN THE CONTRACT WITH HARRY W. KUHN, INC. FOR BOWES ROAD FINAL SURFACE WHEREAS, the City of Elgin has heretofore entered into a contract with Harry W. Kuhn, Inc. for Bowes Road final surface; 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 Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-317 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MARKING SPECIALISTS CORP. FOR THERMOPLASTIC PAVEMENT MARKING Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-317 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MARKING SPECIALISTS CORP. FOR THERMOPLASTIC PAVEMENT MARKING WHEREAS, the City of Elgin has heretofore entered into a contract with Marking.Specialists Corp. for thermoplastic pavement marking; and VOLUME LIX DECEMBER 7, 1994 727 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: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk• RESOLUTION 94-318 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH RON BAKER PAINTING FOR TRAFFIC SIGNAL/OVER HEAD 'e:.. SIGN ASSEMBLY PAINTING Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple,- Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94•-318 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH RON BAILER PAINTING FOR TRAFFIC SIGNAL/OVER HEAD SIGN ASSEMBLY PAINTING WHEREAS, the City of Elgin has heretofore entered into a contract with Ron Baker Painting for traffic signal/over head sign assembly painting; 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, 728 DECEMBER 7, 1994 VOLUME LIX' 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: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94--319 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH:ROBI EXCAVATING, INC. FOR 1994 NEIGHBORHOOD SIDEWALKS PROGRAM Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-319 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH ROBI EXCAVATING, INC. FOR 1994 NEIGHBORHOOD SIDEWALKS PROGRAM WHEREAS, the City of Elgin has heretofore entered into a contract. with Robi Excavating, Inc. for 1994 neighborhood sidewalks program; 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 �.,..._.,�_�...,..._..,.�.._,....__r r VOLUME LIX DECEMBER 7, 1994 729 Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-320 ADOPTED AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING WITH SHERMAN HOSPITAL FOR THE SLADE AVENUE IMPROVEMENTS Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-320 RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING WITH SHERMAN HOSPITAL FOR THE SLADE AVENUE IMPROVEMENTS 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 Letter of Understanding on behalf of the City of Elgin with Sherman Hospital for the Slade Avenue improvements, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: December 7, 1994• Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 730 DECEMBER 7, 1994 VOLUME LIX, RESOLUTION 94-321 ADOPTED ACCEPTING FOR MAINTENANCE THE SURFACE IMPROVEMENTS IN UNITS 8 THROUGH 11 OF COBBLER'S CROSSING SUBDIVISION' Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-321 RESOLUTION ACCEPTING FOR MAINTENANCE THE SURFACE IMPROVEMENTS IN UNITS 8 THROUGH 11 OF COBBLER'S CROSSING SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the.surface improvements, which include street lights, signs, public sidewalks, curb and gutter, trees and pavement within dedicated right-of-way in Units 8 through 11 of Cobbler's Crossing Subdivision. sl Geor e VanDeVoorde George VanDeVoorde, Mayor Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas b Nays 0 Attest: sl Dolonna Mecum olonna Mecum, City Clerk RESOLUTION 94-322 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (231 DOUGLAS AVENUE) Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-W322 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (231 Douglas Avenue) 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 Real Estate Sales Contract VOLUME LIX DECEMBER 7, 1994 731 on behalf.of'the City of Elgin with John Haight, for the property commonly known as 231 Douglas Avenue, Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 7, 1994 Adopted: December 7, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilman Fox made a motion, seconded by Councilwoman Popple, to place the following reports/minutes on file as published. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Sales Tax Revenue Report for August 1994 Hemmens Advisory Board Minutes for October Planning and Development Commission Minutes Parks and Recreation Advisory Board Minutes Committee of the Whole Minutes for: October 19, 1994, Special Meeting October 24, 1994, Special Meeting October 26, 1994, Regular Meeting November 1,1994, Special Meeting City Council Minutes for October 25, 1994 .ANNOUNCEMENTS 4, 1994 for October 17, 1994 for October 25, 1994 Mayor VanDeVoorde made announcements regarding forthcoming meetings. ADJOURNMENT Councilwoman Yearman made motion, seconded by Councilwoman Popple, to return to the Committee of the Whole meeting. Yeas: Councilmembers Fox, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. December 14, 1994 Dolonna Mecum, City Clerk Date Approved r VOLUME LIX DECEMBER 14, 1994 732 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 December 14, 1994, in Exhibition Hall at Hemmens Auditorium. The meeting was called to order by Mayor VanDeVoorde at 8:05 p.m. The Invocation was given by Reverend Robert Linstrom, and the Pledge of Allegiance was led by Councilwoman Popple. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. MINUTES OF THE DECEMBER 7, 1994, COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Yearman made a motion, seconded by Councilman Fox, to approve the December 7, 1994, Council Minutes as published. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT John T. McKevitt. Jr., 451 S. Commonwealth Avenue, addressed the Council regarding the recent snow storm and volunteered to establish and maintain a list of those citizens needing assistance with snow removal and a companion list of those who are willing and able to offer assistance. EXTENSION OF TOWING CONTRACTS APPROVED Councilwoman Popple made a motion, seconded by Councilman Fox, to extend the current contracts of Ohm's Car Care for Section (Removal of Disabled and Impounded Vehicles) and Bucaro's Auto Wreckers for Section 11 (Removal of Abandoned Vehicles) for three more months for the period ending March 31, 1995. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 733 DECE.MBER 14, 1994 VOLUME LIX BID 94--079 AWARDED CONSTRUCTION Lif:�iWifiv`�a ING LOT/PLA Councilwoman Popple made a motion, seconded by Councilman Fox, to authorize an amendment to the development agreement with the Salvation Army increasing the City's share from $57,000.00 to read $74,777.62, and to award this contract to the overall, low bidder, Bruntz Paving, Inc., for a total net price of $60,611.17 ($82,526.30 less a 2%-20 day discount). Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID 94--082 REJECTED FOR TROUT PARK.RESTROOM FACILITY IMPROVEMENTS Councilman Walters made a motion, seconded by Councilwoman Yearman, to reject the sole bid for the Trout Park restroom facility improvements. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID 94--086 AWARDED FOR AUDITING SERVICES Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to accept the proposal of Crowe Chizek to provide auditing services for the City of Elgin for the next five years. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR AMBULANCE BILLING SERVICES Councilwoman Yearman made a motion, seconded by Councilman Schack, to retain the services of STAT Electronic Billing for the purposes of billing, collecting and reporting ambulance services. Yeas: Councilmembers. Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Yearman suggested that staff look into retaining similar services for delinquent water accounts. BIDS AWARDED FOR THE FOLLOWING NEW LAW ENFORCEMENT FACILITY CONSTRUCTION CONTRACTS Councilwoman Yearman stated she would be voting no on all of the bids that relate to the construction of the law enforcement facility. "For the record, I have never said that the Police Department does not have use for larger facilities. My objection has been, from the very beginning, to the cost and size of the facility. This project started out at 8 million it then went to 11 million, and now it is anticipated at a cost of 15.9 million plus another 6 million for a communications VOLUME LIX DECEMBER 14, 1994 734 center. When I received the specs for the facility almost 2 years ago, and I spent some time in reviewing those specs, at that time I said it was going to be over 20 million and that's exactly what's happened here. With the growth that's anticipated for Elgin, I believe that auxiliary stations throughout the city, as we have with the Fire Department, would serve our citizens with more and efficient protection. This is just not a negative stand but I remain consistent with my previous votes relating to this project." Pavement/Hardscape Councilman Walters made a motion, seconded by Councilwoman Popple, to award this contract to Accu-Paving for a base bid amount of $324,200400. Yeas; Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Landscaping/Softscape Councilwoman Popple made a motion, seconded by Councilman Walters, to award this contract to Countryside Industries for a base bid amount of $60,620.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Plumbing Site Utilities Councilman Fox made a motion, seconded by Councilwoman Popple, to award this contract to F. J. Bero & Co., Inc. for a base bid amount of $64,646,00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Electrical Site Utilities Councilman Fox made a motion, seconded by Councilwoman Popple, to award this contract to Associates Electrical for a base bid amount of $14,600.00. Yeas; Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Structural Steel/Metal Deck Councilwoman Popple made a motion, seconded by,Councilman Walters, to award this contract to Construction Systems, Inc. for a base bid amount of $1,140,000.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. 735 DECEMBER 14, 1994 VOLUME LIX Roofing/Insulation Councilman Walters made a motion, seconded by Councilman Schock, to award this contract to Elgin Roofing Co. for a base bid amount of $182,550.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Waiters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Spray Fireproofing Councilwoman Popple made a motion, seconded by Councilman Fox, to award this contract to Spray Insulation Co. for a base bid amount of $27,650.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Drywall/Plaster Councilman Fox made a motion, seconded by Councilman Gilliam, to award this contract to R. G. Construction Services for a base. bid amount of $505,100.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Acoustical Ceilings. Councilman Walters made a motion, seconded by Councilwoman Popple, to award this contract to Noonan Sullivan for a base bid M" 3 amount of $124,000.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Hard Floorinq Councilwoman Popple made a motion, seconded by Councilman Walters, to award this contract to Metropolitan for a base bid amount of $42,469.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Detention Equipment Councilman Walters made a motion, Popple, to award this contract to bid amount of $742,500.00. Yeas: Popple, Schock, Walters, and Mayor Councilmember Yearman. Firing Range Equipment seconded by Councilwoman Valley Security Co. for a base Councilmembers Fox, Gilliam, VanDeVoorde. Nays: Councilman Fox made a motion, seconded by Councilman Gilliam, to award this contract to Detroit Armor Corp. for abase bid amount of $124,728.00. Yeas Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. VOLUME LIX DECEMBER 14, 1994 736 Elevators Councilwoman Popple made a motion, seconded by Councilman Gilliam, to award this contract to Montgomery Elevator for a base bid amount of $135,000.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Ventilation/Temperature Control Councilman Walters made a motion, Popple, to award this contract to base bid amount of $875,000.00. Gilliam, Popple, Schock, Walters, Councilmember Yearman. Plumbing seconded by Councilwoman DeKalb Mechanical/Miller for a Yeas: Councilmembers Fox, and Mayor VanDeVoorde. Nays: Councilwoman Popple made a motion, seconded by Councilman Fox, to award this contract to Action Plumbing for a base bid amount of $573,900.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Fire Protection Councilman Fox made a motion, seconded by Councilman Gilliam, to ->' award this contract to Ahern Fire Protection for a base bid of $143,387.00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Electrical Councilman Walters made a motion, seconded by Councilwoman Popple, to award this contract to Parr Electrical for a base bid amount of $1,229,000:00. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde.. Nays: Councilmember Yearman. Further review of the following bid packages is recommended by the project construction manager, Gilbane Building Company, due to the need to clarify the bids submitted by the apparent low bidder in each bid package: Excavation/Concrete Masonry/Stone Painting/Wallcovering Windows/Curtainwall/Entrances H & AC Piping Gilbane Building Company also recommended rebidding the following bid packages due to the lack of responsive bid results: General Trades Flooring 737 DECEMBER 14, 1994 VOLUME LIX a Terry Gavin, 112.4 Cloverhill Lane., addressed the Council regarding the growing costs relating to the police facility and asked what assurances the citizens have that there will not be t cost overruns, and if there are overruns,' how does the city intend to pay for them. He also stated that he feels the citizens would be served better if some of the costs of the station would be put towards putting more patrol officers on the street to help fight a growing gang and crime problem in many areas of the city. City Manager Helwig, responding to Mr. Gavin's questions, stated that the Project Leadership Team has a very thorough contingency plan for overruns by the way of a. bid contingency amount and a construction contingency amount. In addition, the money from the bond sale that will be authorized tonight and the dollar amounts programmed will be adequate for the police facility. PETITION 51--94 REQUESTING AB AREA BUSINESS DISTRICT CONDITIONAL USE APPROVAL FOR A CHILD DAY CARE SERVICE,• PROPERTY LOCATED AT 2325 ROYAL BOULEVARD:; BY ROBERT AND CLAUDIA GEDMIN, AS APPLICANTS; AND VALLEY CREEK OF ELGIN, INCORPORATED, AS OWNER TABLED - - - Councilman Fox made a motion, seconded.by Councilwoman Yearman, to table consideration of Petition 51-94 so that he may make another motion. Yeas: Councilmembers Fox, Gilliam, Popple, Yearman, and Mayor VanDeVoorde, Nays: Councilmembers Schock and. Walters. Councilman Fox made a motion, seconded by Councilwoman Yearman, to direct staff to seek a map amendment to reclassify the property south of Royal Boulevard from AB to CF and furthermore, to declare a moratorium on any development on this property until that petition has been dealt with. Yeas: Councilmembers Fox, Gilliam, Popple, Yearman, and Mayor VanDeVoorde. Nays: Councilmembers Schock and Walters. Councilman Schock stated that the petitioner has met every requirement of the Elgin Zoning Ordinance, is not petitioning to change any of the zoning, has money invested in the property, and is only attempting to develop the property under the existing zoning requirements and should not be penalized by rezoning the property at this point in time. Councilman Fox explained the motion.was made because the Council has an opportunity to remedy a wrong that was made after the entire city was rezoned two years ago. Since that time, adjustments to the Zoning Ordinance have been made as issues were brought before Council by citizens affected by the rezoning. It is unfortunate that Council did not look at this piece of property the same time the Rosewood Nursing facility was rezoned, but it was not done and now is the chance to do, SO. The petition will go through the public hearing process when everyone will have a chance to discuss the rezoning. VOLUME LIX DECEMBER 14, 1994 738 Councilwoman Popple stated that Council needs to take.another look at our zoning as many properties are no longer appropriately zoned. PUBLI LIVA DR7 HEARING REGARDING A PROPOSED ANNEXA1 Y LOCATED AT 2501-2535 HIGGINS ROAD; AS APPLICANTS AND OWNERS (PETITION s REEMENT HN P. AND SHARA Councilman Fox made a motion, seconded by Councilman Walters, to close the public hearing. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and. Mayor VanDeVoorde. Nays: None, PETITION 40-94 APPROVED REQUESTING ANNEXATION AND AB AREA BUSINESS DISTRICT ZONING, PROPERTY LOCATED AT 2501-2535 HIGGINS_ ROAD. BY JOHN P. AND SHARA WEAVER, AS APPLICANTS AND OWNERS Councilman Fox made a motion, seconded by Councilman Walters, to approve Petition 40-94 with the recommendations. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 45-94 REQUESTING A TEXT AMENDMENT..TO TITLE 19 ZONING ELGIN MUNICIPAL CODE• CONCERNING VARIOUS CHAPTERS AND SECTIONS OF THE ELGIN ZONING ORDINANCE; BY THE CITY OF ELGIN, APPLICANT, REMAINS TABLED It was the consensus of the Council to leave this item on the table. ORDINANCE S9--94 PASSED PROVIDING:FOR THE ISSUANC 5 500,000 GENERAL OBLIGATION CORPORATE PURPOSE 1994, OF THE CITY OF ELGIN,.KANE AND COOK COUNTI AND PROVIDING FOR THE LEVY AND COLLECTION OF A D FOR THE PAYMENT OF THE PRINCIPAL OF AND.INTEREST tS, SERIES ILLINOIS, ;T ANNUAL TAX SAID BONDS Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilwoman Yearman. 739 DECEMBER 14, 1994 VOLUME LIX '-' xy ORDINANCE NUMBER S9-94 AN ORDINANCE providing for the issuance of $6,500,000 General Obligation Corporate Purpose Bonds, Series 1994, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. WHEREAS by virtue of its population, the City of Elgin, Kane and Cook Counties, Illinois (the "City"), and pursuant to the provisions of Section 6 of Article VII of the Constitution of the State of Illinois, the City is a home rule unit and may exercise any power or perform any function pertaining to its government and affairs including, but not limited to, the power to tax and to incur debt; and WHEREAS pursuant to the provisions of said Section 6, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval; and WHEREAS on the 23rd day of April, 1975, the City Council of the City (the "City Council") did adopt an ordinance determining the procedures to be followed in the borrowing of money for public purposes of the City and in evidence of such borrowing the issuing of full faith and credit bonds of the City without referendum approval, such ordinance being entitled: ORDINANCE. NO. G22-75 AN ORDINANCE establishing procedures to be followed by the City of Elgin, Kane and Cook Counties, Illinois, in issuing non - referendum general obligation bonds which ordinance was amended by Ordinance No. G14-80 adopted on January 28, 1980, by Ordinance No. 64-80 adopted on October 8, 1980, by Ordinance No. G39-82 adopted on VOLUME LIX DECEMBER 14, 1994 740 July 28, 1982 and by Ordinance No. G31-92 adopted on June 17, 1992 (Ordinance No. G22-75 as so amended being referred to hereinafter as the "Enabling Ordinance"); and WHEREAS the City Council has considered the needs of the City and has heretofore determined and does hereby determine that it is advisable, necessary and in the best interests of the City to undertake certain capital projects in connection with the construction and equipping of a new police facility, together with all lands or rights in land, appurtenances, rnechanical or electrical or other advisable equipment or services used or useful or incidental to such improvements (all of such improvements to be the "1994 Program Improvements"); and WHEREAS the estimated cost to the City of the 1994 Program Improvements is the sum of $6,500,000 plus any estimated available amount of interest earnings on said sum :nor to its expenditure; and WHEREAS there are insufficient funds on liand and available to pay the costs of the 1994 Program Improvements, and it is necessary for that purpose that a sum to pay such costs be borrowed at this time, and in evidence of such indebtedness, General Obligation Corporate Purpose Bonds of the City be issued in the principal amount of $6,500,000, more or less, and that such indebtedness be incurred in accordance with the Act as hereinafter defined, and without submitting the question of incurring such indebtedness to the electors of the City for their approval; and WHEREAS the City Council does hereby determine that it is advisable and in the best interests of the City to borrow $6,500,000 at this time pursuant to the Act for the purpose of paying the costs of the 1994 Program Improvements and, in evidence of such borrowing, issue its full faith and credit bonds in the principal amount of $6,500,000; wa 741 DECEMBER 14, 1994 VOLUME L1X , Now THEREFORE Be It Ordained by the City Council of the. City of Elgin, Kane and° r' Cook Counties, Illinois, in the exercise of its home rule powers and in accordance with the Enabling Ordinance, as follows: Section 1. Definitions. In addition to such other words and terms used and defined in this Ordinance, the following words and terms used in this Ordinance shall have the following meanings, unless, in either case, the context or use clearly indicates another or different meaning is intended: "Act" means the Illinois Municipal Code, as supplemented and amended, the home rule powers of the City under Section 5 of Article VII of the Illinois Constitution of 1970 and the Enabling Ordinance adopted pursuant to such home rule powers; and, in the event of conflict between the provisions of said coil: and home rule powers, the home rule powers shall be deemed to supersede the provisions of said code. "Bond" or "Bonds" means one or more, as applicable, of the $6,500,000 General Obligation Corporate Purpose Bonds, Series 1994, authorized to be issued by this Ordinance. "Bond Fund" means the Bond Fund established and defined in Section 14 of this Ordinance. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond Registrar" means Comerica Bank - Illinois, Chicago, Illinois, a bank having trust powers, or a successor thereto or a successor designated as Bond Registrar hereunder. "City" means the City of Elgin, Kane and Cook Counties, Illinois. "City Council" means the City Council of the City. 992 VOLUME LIX DECEMBER 14, 1994 742 "County Clerks" means the County Clerks of The County of Kane and The County of Cook, Illinois. "Code" means the Internal Revenue Code of 1986. "Ordinance" means this Ordinance, numbered as set forth on the title page hereof, and passed by the City Council on the 14th day of December 1994. "Paying Agent" means Comerica Bank - Illinois, Chicago, Illinois,a bank having trust powers, or a successor thereto or a successor designated as Paying Agent hereunder. "Pledged Taxes" means the taxes levied on the taxable property within the City to pay principal of and interest on the Bonds as made in Section 12 hereof. "Tax-exempt" means, with respect to the Bonds, the status of interest paid and received thereon as not includible in the gross income of the owners thereof under the Code for federal income tax purposes except to the extent that such interest will be taken into account in computing an adjustment used in determining the alternative rrdnimum tax for certain corporations, in computing the environmental tax imposed on certain corporations and in computing the "branch profits tax" imposed on certain foreign corporations. "1994 Program Improvements" means the City capital expenditures as described and defined as such in the preambles to this Ordinance. Section 2. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are true, correct and complete and does incorporate them into this Ordinance by this reference. Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the City to acquire and construct the 1994 Program Improvements, to pay all related costs and expenses incidental thereto, and to borrow money and issue the Bands for such purposes. It is hereby found and determined that such borrowing of money is necessary for In 743 DECEMBER 14, 1994 VOLUME LIX the welfare, of the government and affairs of the City, is for a proper public purpose or purposes and is in the public interest, and is authorized pursuant to the Act; and these findings and determinations shall be deemed conclusive. Section 4. Bond Details. For the purpose of providing for such costs, there shall be issued and sold the Bonds in the principal amount of $6,500,000. The Bonds shall each be designated "General Obligation Corporate Purpose Bond, Series 1994"; be dated December 15, 1994 (the "Dated Date"); and shall also bear the date of authentication thereof. The Bonds shall be in fully registered form, shall be in denominations of $5,00.0 or integral multiples thereof (but no single Bond shall represent principal maturing on more than one date), shall be numbered consecutively in such. fashion as shall be determined by the Bond Registrar, and shall become due and payable (subject to right of prior redemption as hereinafter set forth) on January 1 of the years and in the amounts and bearing interest at the rates percent per annum as follows: YEAR AMOUNT ($) RATE (%) 1999 50,000 5.80 2000 200000 6.00 2001 100:000 6.00 2002 25,000 6.00 2003 125,000 6.00 2004 300,000 6.00 2005 800,000 6.00 2006 900,000 6.10 2007 900,000 6.20 2008 950,000 6.30 2009 1,050,000 6.30 2010 1,100,000 6.30 Each Bond shall bear interest from the later of its Dated Date as herein provided or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such Bond is paid or duly provided for, such interest M VOLUME LIX DECEMBER 14, 1994 746 Register, shall receive a Bond certificate evidencing the obligation of the City to make payments of principal and interest with respect to any Bond. Upon delivery by DTC to the Bond Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede, the name "Cede" in this ordinance shall refer to such new nominee of DTC. In the event that (i) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (ii.) the agreement among the City, the Bond Registrar and DTC evidenced by the Representation Letter shall be terminated for any reason or (iii) the City determines that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC Participants of the availability through DTC of Bond certificates and the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC. At the time, the City may determine that the Bonds shall be. registered in the name of and deposited with such other depository operating a global book - entry system, as may be acceptable to the City, or such depository's agent or designee, and if the City does not select such alternate global book -entry system, then the Bonds may be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of Section 9 hereof. Notwithstanding any other provision of this ordinance to the contrary, so long as any Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. Section b. Execution; Authentication. The Bonds shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by 10 747 DECEMBER 14, 1994 VOLUME LIX �' 1y the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the City. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication, substantially in the form hereinafter set forth, duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and ;;tech certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 7. Optional Redemption. Those of the Bonds due on or after January 1, 2004, are subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part, on any date on or after January 1, 2003, and if in part, in any order of maturity as selected by the City, and if less than an entire maturity, in integral multiples of $5,000, selected by lot by the Bond Registrar as hereinafter provided, at the redemption price of par plus accrued interest to the date fixed for redemption. Section &. Redemption Procedure. The City shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the maturities and principal In VOLUME LIX DECEMBER 14, 1994 748 amounts of Bonds to be redeemed. For purposes of any redemption of less than all of the Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot not more than 60 days prior to the redemption date by the Bond Registrar for the Bonds of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, however, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by registered or certified mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at. the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the full name of the Bonds and at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Bonds of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds within such maturity, the respective principal amounts) of the Bonds to be redeemed; -10- 749 DECEMBER 14, 1994 VOLUME L1X 1, (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date;. and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Paying. Agent. Prior to any redemption date, the City shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed Lall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price), such Bonds or portions of Bonds shall cease to bear interest. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. -11- VOLUME LIX DECEMBER 14, 1994 750 Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Paying Agent at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. If any Bond or portion of a Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. In addition to the foregoing notice, further notice shall be given by the Bond Registrar on behalf of the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. . Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (a) the CUSIP numbers of all Bonds being redeemed; (b) the date of issue of the Bonds as originally issued; (c) the rate of interest borne by each Bond being redeemed; .(d) the maturity date of each Bond being redeemed; and (e) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption shall be sent at least 35 days before the redemption date by registered or certified mail or overnight delivery service to all registered securities -12- 751 DECEMBER 14, 1994 VOLUME LIX '-, 1, depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now including The Depository Trust Company of New York, New York, Midwest Securities Trust Company of Chicago, Illinois, and Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services, chosen in the discretion of the Bond Registrar, that disseminate notice of redemption of obligations such as the Bonds. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. As part of their respective duties hereunder, the Bond Registrar and Paying Agent shall prepare and forward to. the City a statement as to notice given with respect to each redemption together with copies of the notices as mailed and published. Section 9. Registration and Exchange or Transfer of Bonds; Persons Treated as Owners. The City shall cause books (the "Bond Register") for the registration and for the transfer of the Bonds as provided in this Ordinance -to be kept at the principal corporate trust office of the Bond Registrar in the City of Chicago, Illinois, which is hereby constituted and appointed the registrar of the City for the Bonds. The City is authorized to prepare, and the Bond Registrar or such other agent as the City may designate shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange 'of any Bond at the principal corporate trust office of the Bond -13- VOLUME LIX DECEMBER 14, 1994 352 Registrar, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or a r,ortion of which has been called for redemption. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, that the principal amount of Bonds of each maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such maturity less the amount of such Bonds which have been paid. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative.. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, -14- 753 DECEMBER 14, 1994 VOLUME LIX No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 10. Form of Bond. The Bonds shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend "See Reverse Side for Additional Provisions" shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. -15- VOLUME LIX DECEMBER 14, 1994 754 REGISTERED No. [FORM OF BOND -FRONT SIDE) UNITED STATES OF AMER.ICA STATE OF ILLINOIS THE COUNTIES OF KANE AND COOK CITY OF ELGIN ' GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 1994 See Reverse Side for Additional. Provisions. Interest Maturity Rate: Date: January 1, Registered Owner: Cede & Co. Principal Amount: REGISTERED Dated Date: December 15, 1994 CUSiP: Dollars KNOW ALL PERSONS BY THESE PRESENTS that the City of Elgin, Kane and Cook Counties, Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above (subject to right of prior redemption as hereinafter stated), the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be ;payable on January 1 and July 1 of each year, commencing July 1, 1995, until said Principal Amount is paid or duly provided for. The principal of or redemption price on this Bond is payable in lawful money of the United States of America -16- 755 DECEMBER 14, 1:994 VOLUME LIX upon presentation hereof at the principal corporate trust office of Comerica Bank - Illinois, in the City of Chicago, Illinois, as paying agent (the "Paying Agent"). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by Comerica Bank - Illinois, in the City of Chicago, Illinois, as bond registrar (the "Bond Registrar"), at the close of business on the applicable Record Date (the "Record Date"). The. Record Date shall be the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the first day of a month. Interest shall be paid by check or draft of the Paying Agent, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and Cede & Co., as nominee, or successor, for so long as this Bond is held by The Depository Trust Company, New York, New York, the depository, or nominee, in book - entry only form as provided for same. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place.. It is hereby certified and recited that all conditions, acts and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the authorizing Act, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any -17- VOLUME LIX DECEMBER 1.4, 1994 756 constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. TIC CITY HAS DESIGNATED THIS BOND AS A "QUALIFIED TAX-EXEMPT OBLIGATION" PURSUANT TO SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF the City of Elgin, Kane and Cook Counties, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of s City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. Mayor, City of Elgin Kane and Cook Counties, Illinois ATTEST: City Clerk, City of Elgin Kane and Cook Counties, Illinois [SEAL] 757 DECEMBER-14, 1994 VOLUME LIX ` Date of Authentication: ; CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within -mentioned Ordinange and is one of the General Obligation Corporate Purpose Bonds, Series 1994, having a Dated Date of December 15, 1994, of the City of Elgin, Kane and Cook Counties, Illinois. Bond Registrar and Paying Agent: CONIfERICA B A? tY - It.LINOIS Chicago, Illinois COMERICA BANK - ILLINOIS, as Bond Registrar By Authorized Officer -19- VOLUME LIX DECEMBER 14, 1994 758 [FORM OF BOND - REVERSE SIDE] This bond is one of a series of bonds (the "Bonds") in the aggregate principal amount of $6,500,000 issued by the City for the purpose of paying the costs of the 1994 Program Improvements and of paying expenses incidental thereto, all as described and defined in the ordinance authorizing the Bonds (the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and, where necessary, superseded, by the powers of the City as a home rule unit tinder the provisions of Section 6 of Article VII of the Illinois Constitution of 1970 (such code and powers being the "Act"), and with the Ordinance, which has been duly passed by the City Council of the City, approved by the Mayor, and published, in all respects as by law required. This Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in the Ordinance. Upon surrender for transfer or exchange of this Bond at the principal corporate trust office of the Bond Registrar in the City of Chicago, Illinois, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the Registered Owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the Registered Owner, a new fully registered Bond or Bonds of like tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date or during the period of 15 days preceding the -20- 759 DECEMBER 14, 1994 VOLUME LIX " giving of notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which has been called for redemption. Those of the Bonds due on or after January 1, 2004, are subject to redemption prior to. maturity at the option of the City, from any available funds, in whole or in part, on any date on or after January 1, 2003, and if in part, in any order of maturity as selected by the City, and if less than an entire maturity, in integral multiples of $5,000, selected by lot by the Bond Registrar as hereinafter provided, at the redemption price of par plus accrued interest to the date fixed for redemption. Unless waived by the Registered Owner of Bonds to be redeemed, notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by registered or certified mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each Registered. Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. Neither the failure to mail such redemption notice, nor any defect in any -notice so mailed, to any particular Registered Owner of a Bond, shall affect the sufficiency of such notice with respect to other Registered Owners. Notice having been properly given, failure of a Registered Owner of a Bond to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a Registered Owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption -21- VOLUME LIX DECEMBER 14, 1994 760 price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance.with said notice, such Bonds -shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Bond, there shall. be prepared for the Registered Owner a new Bond or Bonds of like tenor, of authorized denominations, of the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. The City, the Bond Registrar and the Paying Agent may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the City, the Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary. -22- 761 DECEMBER 14, 1994 VOLUME LIX' ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Here insert Social Security Number, Employer Identification Number or other Identifying Number (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated. Signature guaranteed: NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond 'in every particular, without alteration or enlargement or any change whatever. -23- VOLUME LIX DECEMBER 14, 1994 762 Section II. Tax Levy. For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity, there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose; and there is hereby levied on all of the taxable property in the City, in addition to all other taxes, the following direct annual taxes (the Pledged Taxes as hereinabove defined): FOR THE YEAR A TAX SUFFICIENT TO PRODUCE THE DOLLAR SUM OF: 1994 $ 419,762.22 for interest up to and including January 1, 1996 1995 $ 401,900.00 for interest 1996 $ 401,900.00 for interest 1997 $ 451,900.00 for interest and principal 1998 $ 599,000.00 for interest and principal 1999 $ 487,000.00 for interest and principal 2000 $ 406,000.00 for interest and principal 2001 $ 504,50.0.00 for interest and principal 2002 $ 672,000.00 for interest and principal 2003 $ 1,154,000.00 for interest and principal. 2004 $ 1,206,000.00 for interest and principal 2005 $ 1,151,100.00 for interest and principal 2006 $ 1,145,300.00 for interest and principal 2007 $ 1,185,450.00 for interest and principal 2008 $ 1,169,300.00 for interest and principal The Pledged Taxes and other moneys on deposit in the Bond Fund shall be applied to pay the principal of and interest on the Bonds. Interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the Pledged Taxes herein levied; and when the Pledged Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and registered -24- 763 DECEMBER 14, 1994 VOLUME LIX owners of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the foregoing tax levy. The City and its officers will comply with all present and future applicable laws in order to assure that the Pledged Taxes may be levied, extended and collected as provided herein and deposited into the Bond Fund. Whenever other funds from any lawful source are made available for the purpose of paying any principal of or interest on the Bonds so as to enable the abatement of the taxes levied herein for the payment of same, the City Council shall, by proper proceedings, direct the deposit of such funds into the Bond Fund and further shall direct the abatement of the taxes by the amount so deposited. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerks in a timely manner to effect such abatement. Section 12. Filing with County Clerks. Promptly, as soon as this Ordinance becomes effective, a copy hereof, certified by the City Clerk of the City, shall be filed with the County Clerks; and the County Clerks shall in and for each of the years 1994 to 2008, inclusive, ascertain the rate percent required to produce the aggregate tax hereinbefore provided to be levied in each of said years; and the County Clerks shall extend the same for collection on the tax books in connection with other taxes levied in said years in and by the City for general corporate purposes of the City; and in said years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for said years are levied and collected, and in addition to and in excess of all other taxes. Section 13. Sale of Bonds. The Bonds shall be executed as in this Ordinance provided as soon after the passage hereof as may be, shall be deposited with the City -25- VOLUME LIX DECEMBER.14, 1994 764 Treasurer, and shall be by the Treasurer delivered to the purchasers thereof, namely, Barris Trust and Savings Bank, Chicago, Illinois ('the "Purchasers"), upon payment of the purchase price agreed upon, the same being not less than $6,435,008.25 plus accrued interest to date of delivery. The contract for the sale of the Bonds to the Purchasers, heretofore entered into., is hereby in all respects approved and confirmed, and the officer(s) of the City designated therein are authorized and directed to execute the agreement on behalf of the City, it being hereby declared that no person holding any office of the City, either by election or appointment, is in any manner interested, either directly or indirectly, in his own name or the name of any other person, association, trust or corporation, in such contract for the sale of the Bonds to the Purchasers. The distribution by the Purchasers of the Preliminary Official Statement relating to ahe Bonds, dated November 23, 1994, is hereby in all respects ratified, authorized and approved, and the proposed use by the Purchaser of an Official Statement (in substantially the form of the Preliminary Official Statement but with appropriate variations to reflect the final terms of the Bonds) is hereby authorized and approved. Such officer or officers of the City as are designated therein are hereby authorized to execute and deliver the Official Statement on behalf of the City. Section 14. Creation of Funds and Appropriations. A. There is hereby created the "General Obligation Corporate Purpose Bonds, Series 1994, Bond Fund" (the "Bond Fund"), which shall be the fund for the payment of principal of and interest on the Bonds. B. The Pledged Taxes shall either be deposited into the Bond Fund and used solely and only for paying the principal of and interest on the Bonds or be used to reimburse a fund or account from which advances to the Bond Fund may have been made to pay -26- 765 DECEMBER.14, 1994 VOLUME. LIX principal of or interest on the Bonds prior to receipt of Pledged Taxes. Interest income or investment profit earned in the Bond Fund. shall be retained in the Bond Fund for payment of the principal of or interest on the Bonds on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the City Council, transferred to such other fund as may be determined. The City hereby pledges, as equal and ratable security for the Bonds, all present and future proceeds of the Pledged Taxes for the sole benefit of the registered owners of the Bonds, subject to the reserved right of the City Council to transfer certain interest income or investment profit earned in the Bond Fund to other funds of the City, as described in the preceding sentence. C. The amount necessary from the proceeds of the Bonds shall be used to pay costs of issuance of the Bonds and shall to the fullest extent possible be totally paid by the Purchasers from Bond proceeds at closing or (if and only if necessary) deposited into a separate fund, hereby created, designated the "Expense Fund". Such payments by the Purchasers or any disbursements from such fund shall be made from time to time as necessary. Any excess in said fund shall be deposited into the Project Fund hereinafter created after six months from the date of issuance of the Bonds. D. Accrued interest on the Bonds plus the remaining principal proceeds of the Bonds shall be set aside in a separate fund, hereby created, and designated as the "1994 Project Fund" (the "Project Fund"), hereby created as the fund to provide for the receipt and disbursement of proceeds of the Bonds for the 1994 Program Improvements. Alternatively, the Treasurer may allocate such remaining, proceeds to one or more related project funds of the City already in existence; provided, however, that this shall not relieve the Treasurer of the duty to account for the proceeds as herein provided. (Any such one or more funds shall also be referred to hereinafter, collectively, as the "Project Fund".) The -27- VOLUME LIX DECEMBER 14, 1994 766 City Council reserves the right, as it becomes necessary from time to time, to revise the list of expenditures hereinabove set forth., to change priorities, to revise cost allocations between expenditures and to substitute projects, in order to meet current needs of the City; -subject, however, to the tax covenants set forth herein. Section 15. Not Private Activity Bonds. None of the Bonds is a "private activity bond" as defined in Section 141(a) of the Code. In support of such conclusion, the City certifies, represents and covenants as follows: A. None of the proceeds of the Bonds is to be used, directly or indirectly, in any trade or business carried on by any person other than a state or local governmental unit. B. No direct or indirect payments are to be made on any Bond with respect to any private business use by any person other than a state or local governmental unit. C. None of the proceeds of the Bonds is to be used, directly or indirectly, to make or finance Ioans to persons other than a state or local governmental unit. D. No user of the 1994 Program Improvements other than the City or another governmental unit will use the same on any basis other than the same basis as the general public; and no person other than the City or another governmental unit will be a user of the 1994 Program Improvements as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract, or (iii) any other arrangement. Section 16. General Arbitrage Covenants. The City represents and certifies as follows with respect to the Bonds: -28- 767 DECEMBER 14, 1994 VOLUME LIX A. The City has heretofore incurred, or within six months after delivery of the Bonds expects to incur, substantial binding obligations to be paid for with money received from the sale of the Bonds, said binding obligations comprising binding contracts for the 1994 Program Improvements in not less than the amount of $100,000. B. More than 85% of the proceeds of the Bonds will be expended on or before December 15, 1997, for the purpose of paying the costs of the 1994 Program Improvements, said date being within three years following the date of issue of the Bonds. C. All of the principal proceeds of the Bonds, and investment earnings thereon, will be used, needed and expended for the purpose of paying the costs of the 1994 Program Improvements, including expenses incidental thereto. D. Work on the 1994 Program Improvements is expected to proceed with due diligence to completion. E. Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund, reserve fund or any other similar fund to provide for the payment of the Bonds. The Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service, and will be depleted at least annually to an amount not in excess of 1112th the particular annual debt service on the Bonds. Money deposited into the Bond Fund will be spent within a 13-month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent or withdrawn from the Bond Fund within a one-year period beginning on the date of receipt. -29- VOLUME LIX - DECEMBER 14, 1994 768 F. Amounts of money related to the Bonds required to be invested at a yield not materially higher than the yield on the Bonds; as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of the Bonds, shall be so invested; and appropriate City officers are hereby authorized to make such investments. G. The City has not been notified of any disqualification. or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Treasury Regulations Section 1.103-13 (a)(2)(ii) (1979). The City further certifies and covenants as follows with respect to the requirements of Section 148(f) of the Code, relating to the rebate of "excess arbitrage profits (the `:Rebate Fequirement") to the United States: H. Unless an applicable exception to the Rebate Requirement is available to the City, the City will meet the Rebate Requirement. I. Relating to applicable exceptions, the 'Treasurer or the Mayor is hereby authorized to make such elections under the Code as either such officer shall deem reasonable and in the best interests of the City: If such election may result in a "penalty in lieu of rebate" as provided in the Code, and such penalty is incurred (the "Penalty"), then the City shall pay such Penalty. J. The officers of the City shall cause to be established, at such time and in such manner as they may deem necessary or appropriate hereunder, a "General Obligation Corporate Purpose Bonds, Series 1994, Rebate [or Penalty, if applicable) Fund" (the "Rebate Fund" )• for .he Bonds, and such officers shall further, not less frequently than annually, cause to be transferred to the Rebate Fund the amount -30 7.69 DECEMBER 14, 1994 VOLUME LIX determined to be the accrued liability under the Rebate Requirement or Penalty. Said officers shall cause to be paid to the U.S., without further order or direction from the City Council, from time to time as required, amounts sufficient to meet the Rebate Requirement or to pay the Penalty. K. Interest earnings in the Project Fund and the Bond Fund are hereby authorized to be transferred, without further order or direction from the City Council, from time to time as required, to the Rebate Fund for the purposes herein provided; and proceeds of the Bonds and other funds of the City are also hereby authorized to be used to meet the Rebate Requirement or to pay the Penalty, but only if necessary after application of investment earnings as aforesaid and only as appropriated by the City Council. The City also certifies and further covenants with the purchasers and registered owners of the Bonds from time to time outstanding that moneys on. deposit in any fund or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other source, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Code Section 148 and any lawful regulations promulgated thereunder, as the same presently exist or may from time to time hereafter be amended, supplemented or revised. Section 17. Registered Form. The City recognizes that Section 149 of the Code requires the Bonds. to be issued and to remain in fully registered form in order to be and remain Tax-exempt. In this connection, thy- City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 18. Further Tax Covenants. The City agrees to comply with all provisions of the Code which, if not complied with by the City, would cause the Bonds not to be Tax- -31- VOLUME LIX DECEM'BER 1.4, 1994 770 exempt. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants and assurances contained in certificates or agreements as may be prepared by counsel approving the Bonds; (c) to consult with such counsel and to comply with such advice as may be given; (d) to file such forms, statements and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the City in such compliance. Section 19. Qualified Tax-exempt Obligations. The City recognizes the provisions of Section 265(b)(3) of the Code which provide that a "qualified tax-exempt obligation" as therein defined may be treated by certain financial institutions as if it were acquired on August 7, 1986, for certain purposes. The City hereby designates each of the Bonds as may be from time to time outstanding for purposes of Section 265(b)(3) of the Code as a "qualified tax-exempt obligation" as provided therein. In support .of such designation, the City certifies, represents and covenants as follows: A. None of the Bonds is a "private activity bond" as defined in Section 141(a) of the Code. B. Including the Bonds (herein designated), the City (including any entities subordinate thereto) has not and does not reasonably expect to issue in excess of $10,000,000 in Tax-exempt obligations during calendar year 1994. C. Including the Bonds (herein designated), not more than $10,000,000 of obligations issued by the City (including any entities subordinate thereto) during the -32- 771 DECEMSER 14, 1994 VOLUME LIX calendar year 1994 have been to date or will be designated by the City for purposes of said Section 265(b)(3). Section 20. Opinion of Counsel Exception. The City reserves the right to use or invest moneys in connection with the Bonds in any manner, or to treat with or use the 1994 Program Improvements in any manner, notwithstanding the tax -related covenants set forth in Sections 15 through 19 herein, provided, that it shall first have received an opinion from an attorney or a firm of attorneys of nationally recognized standing as bond counsel to the effect that such use or investment as contemplated is valid and proper under applicable law and this Ordinance. and that such use or investment will not adversely affect either the Tax- exempt or "qualified tax-exempt obligation" status of the Bonds. Section 21. Reimbursement. A portion of the proceeds of the Bonds will be used to pay, directly or indirectly, in whole or in part, for expenditures for the 1994 Programs Improvements that (i) have been paid within sixty days prior to the passage of this Ordinance or (h) will be paid on or after the passage of this Ordinance. This Ordinance is in itself a declaration of official intent under applicable Treasury Regulations as to all costs of the 1994 Program Improvements paid after the date hereof and prior to issuance of the Bonds. Section 22. Rights and Duties of Bond Registrar and Paying Agent. If requested by the Bond Registrar or the Paying Agent, or both, any officer of the City is authorized to execute standard forms of agreements between the City and the Bond Registrar or Paying Agent with respect to the obligations and duties of the Bond Registrar or Paying Agent hereunder. In addition to the terms of such agreements and subject to modification thereby, the Bond Registrar and Paying Agent by acceptance of duties hereunder agree: -33- VOLUME LIX DECEMBER 14, 1994 772 (a) to act as bond registrar; paying agent, authenticating agent, and transfer agent as provided herein; (b) as to the Bond Registrar, to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) as to the Bond Registrar, to cancel and/or destroy Bonds which have been paid at maturity or upon redemption or submitted for exchange or transfer; (d) as to the Bond Registrar, to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar and the Paying Agent. Section 23. Defeasance. Any Bond or Bonds which (a) are paid and cancelled, (b) which have matured and for which sufficient sums been deposited with the Paying Agent to pay all principal and interest due thereon, or (c) for which sufficient U.S. funds and direct U.S. Treasury obligations have been deposited with the Paying Agent or. similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on such Bond or Bonds when due at maturity 'or as called for redemption, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the Pledged Taxes hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. All covenants relative to the Tax- -34- 773 DECEMBER 14, 1994 VOLUME LTX e d exempt status of the Bonds; and payment, registration, transfer, and exchange; are expressly continued -for all_Bonds whether outstanding Bonds or not. Section 24. Publication of Ordinance. A full, true and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the City Council. Section 25. Superseder and Effective Date. All ordinances, resolutions and orders,. or parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. AYES: Councilmember's Fox, Gilliam, Popp_le, Schock. Walters and Ma or VanDeVoo de. NAYS: Councilmember Yearman ABSENT: None ADOPTED: December 14, 1994 APPROVED: December 14, 1994 sl Geor e a Mayor, City of Elgin Kane and Cook Counties, Illinois Recorded In City Records: December 15, 1994. Published in pamphlet form by authority of the City Council on December 15, 1994. A=T: polonna Mecum City Clerk, City of Elgin Kane and Cook Counties, Illinois [SFAt.I -35- VOLUME LIX DECEMBER 14, 1994 774 ORDINANCE T8-94 PASSED AMENDING THE 1994 BUDGET Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. T8-94 AN ORDINANCE AMENDING THE 1994 BUDGET BE IT ORDAINED BY THE .CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: section 1. That the 1994 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference. Section 2. That this ordinance shall be in full force and effect from and after its passage. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 775 DECEMBER 14, 1994 VOLUME LIX Ordinance Amending the 1994 Budget CITY OF ELGIN, ILLINOIS SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1994 Ordinance T8-94 1994 Budget 1994 Budget Amended Amended INCREASE/ Fund Dept. 8/24/94 12/14/94 (DECREASE) General Fund (010) 01 Mayor/Council 02 City Clerk 03 Office of the City Mgr. 04 Purchasing 05 Legal 06 Human Resources 15 Planning 17 Properties 18 Management Info. Serv. 19 Boards/Commissions 20 Finance 23 Police 24 Civil Defense 28 Fire 29 Code Admin. 33 Public Works 50 Parks and Recreation 54 Hemmens 69 Non -Departmental $79,335 $79,335 $0 112.155 112,155 0 519,858 530,000 10,142 172,770 172,770 0 421,440 425,000 3,560 486,270 500,000 13,730 707,308 707,308 0 578,214 630,950 52,736 0 0 0 386,650 409,370 22,720 1,429, 830 1,487,870 58,040 11,480,462 11,299,000 (181,462) 15,320 8,950 (6,370) 7,059,758 7,125,830 66,072 1,450,667 1,517,460 66,793 6,183,357 6,131,815 (51,542) 2,806,968 2,830,000 23,032 894,920 859,740 (35.180) 676,160 897,050 220,890 TOTAL $35,461,442 $35,724,603 $263,161 VOLUME LTX - DECEMBER 14, 1994 776 1994 Budget 1994 Budget Amended Amended INCREASE/ Fund Dept. 8/24/94 12/14/94 (DECREASE) Special Revenue Funds 201 Public Benefit 210 Road and Bridge 220 E911 Telephone System 230 Community Development Block G 240 Spring Street Parking Dist, 250 Drug Asset Forfeiture 251 Auto Theft Task Force 260 S. Grove Special Tax Alloc. 261 Dundee Special Tax Alloc. 270 Fox Bluff Corp, Center 275 Elgin Riverboat 280 IL Municipal Retirement 290 Motor Fuel Tax TOTAL Debt Service 801 Corp. Bond Fund TOTAL $295,040 295,040 0 0 0 0 908,295 908,295 0 1,799,515 1,799,515 0 60,030 60,030 0 36,720 42,720 6,000 137,635 137,635 0 385,000 385,000 0 338,970 342,160 3,190 435,040 435;040 0 0 3,000,000 3,000,000 3.842,305 3,842,305 0 1,961,420 1,961,420 0 $10,199,970 $13,209,160 $3,009,190 $5,879,795 $5,875,795 0 $5,879,795 $5,879,795 $0 777 DECEMBER 14, 1994 VOLUME LXX n4 q 1994 Budget 1994 Budget Amended Amended INCREASE/ Fund Dept. 8/24/94 • 12/14/94 (DECREASE) Capital Improvement 340 Park Development Fund $353,410 $353,410 0 350 Downtown Redevelopment 67,160 74,665 7,505 378 Tyler Creek 1,044,570 1,044,570 0 381 Area 11 Construction Fund 0 0 0 384 1986 GO Bond Project 0 0 0 385 Capital Improvements 186,000 189,995 3,995 386 1987 GO Bond Projects 56,030 56,830 800 387 Dundee Avenue TIF Bonds 0 41,180 41,180 388 1988 GO Bond Projects 76,700 78,485 1,785 389 1989 GO Bond Projects 0 3,800 3,800 390 1990 GO Bond Projects 867,015 867,015 0 391 1991 GO Bond Projects 60,000 63,300 3,300 392 1992 Bond Project 19,286,865 19,286,865 0 393 1993 GO Bond Projects 1,350,265 1,350,265 0 TOTAL $23,348,015 823,410,380 $62,365 Enterprise Funds 401 Water Operating $9,491,725 $9.491,725 0 410 Water Improvements 0 0 0 420 Water Development 226,065 413,810 187,745 430 Sewer Operating 1,768,000 1,768,000 0 440 Sewer Development 230,450 230,450 0 450 Parking Operating 128,440 132,350 3,910 455 Spring Street Prkg Ops, 140,970 148,975 8,005 501 Cemetery Operating 375,495 375,495 0 510 Cemetery Sinking Fund 2,905 2,905 0 520 Cemetery Perpetual Care 149.500 149.500 0 540 Golf Operating 873,050 967,350 94,300 543 Golf Improvements 44,430 44,430 0 550 Sports Complex 236,005 237,160 1,155 TOTAL $13,667,035 $13,962,150 $295,115 VOLUME LIX DECEMBER 14, 1994 778 1994 Budget 1994 Budget Amended Amended INCREASE/ Fund Dept. 6/24/94 12/14/94 (DECREASE) Internal Service 601 Equipment Replacement 1,907,650 1,907.650 0 630 Risk Management 5,976,445 5,976,445 0 TOTAL $7,884,095 $7,.884,095 $0 Trust and Agency 701 Police Pension 2,632,575 2,632,575 0 711 Fire Pension 2,730,925 2,730,925 0 TOTAL $5,368,500 $5,363,500 $0 TOTAL GROSS EXPENDITURES $101,8.03,852 $105,433,683 3,629,831 Less Interfund Transfers ($6,391,285) ($6,3.91,285) 0 NET EXPENDITURES $95,412,567 $99,042,398 $3,629,831 779 DECEMBER 14, 1994 VOLUME LIX PUBLIC HEARING ON PROPOSED 1995 BUDGET Elmer Hansen, 805 Carol Avenue and CEO of Hansen Plastics, Inc., expressed his continuing concern about the increases in residential and business real estate taxes. He said he feels the tax load on businesses and private property owners is getting out of hand. Kevin Kelly, 852 N. Shady Oaks Drive, read a statement restating his position that a portion of the riverboat monies be used to provide taxpayers of Elgin with property tax relief. Councilman Schoc,k explained the Council's rationale of not wanting to use an unstable source of revenue for regular city operations. The money from the riverboat is being committed to capital projects from which the city could retreat should the revenue diminish. Using riverboat money on capital projects will save the taxpayers money by not having to sell bonds. Councilman Fox reported that prior to receiving the license for the riverboat, every community in Illinois that has a riverboat had been contacted and were asked how they were spending riverboat money. Every one of them reported only spending the money on capital projects. They all recommended that we not spend the money on operations. Councilman Walters pointed out that Aurora recently had a substantial loss in revenue from their riverboat and questioned what would have happened to that community if they had counted on the riverboat money for operating costs. John T. McKevitt Jr., 461 S. Commonwealth Avenue, requested the removal of the real estate transfer tax. To cover the loss of the expected revenue from the tax, he suggested Council make an across the board budget cut of 1 percent. Al Cox, 600 Margaret Place, requested that the difference between the amount of the bond and the amount of the bond debt be reviewed. Councilwoman Yearman stated.that from the beginning she wanted the riverboat to reduce the indebtedness and the infrastructure paid for. In addition, she stated that she would not be voting for the budget tonight in order that she remain consistent with her past voting record of voting against the Real Estate Transfer Tax, the increase in sales tax, and the increases in water, golf and pool rates. Mayor VanDeVoorde thanked the staff and the citizens in the community who participated for their work on the budget. Councilwoman Popple made a motion, seconded by Councilman Gilliam, to close the public hearing. Yeas: Councilmembers ` VOLUME LIX DECEMBER 14, 1994 780 Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoo'rde. Nays: None. ORDINANCE T9-94 PASSED ADOPTING THE 1995 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Papp le made a motion, seconded by Councilman Councilwoman Walters, to pass the fSchockngWaldtersncers and Mayor VanDeVoorde, Fox, Gilliam, Popp , Nays: Councilmember Yearman. Ordinance No. T9-94 AN ORDINANCE ADOPTING THE UDGET LIEU OF OF AN OFtTATIQNORDINANCE WHEREAS, the City CounciionfafhanCannual budget in p��uiofd for the preparation and adopt year 1995; passage of an appropriation ordinance for the fiscal y and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least ten days; and l of the City of Elgin, Illinois, WHEREAS, the City Counci has has examined said annual budget and heard all persons aria oncerning said annual budget. appearing and desiring to be heard c NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That. toffi.ceraandeplacedlonudfgle asrrequ�red by prepared by the budget statutes of the State r�frlla����iprdinancehereby �oradopted fiscallieu year the passage of an appropriation . 1995: 781 DECEMBER 14, 1994 Ilk VOLUME LIX Ordinance Adapting the 1995 Budget CITY OF ELGIN, ILLINOIS SUMMARY OF BUDGET FOR THE YEAR 1995 Fund Dept, Genera! Fund (010) 01 Mayor/Council 02 City Clerk 03 Office of the City Mgr, 04 Purchasing 05 Legal 06 Human Resources 15 Planning 17 Properties 19 Boards/Commissions 20 Finance 23 Police 24 Civil Defense 28 Fire 29 Code Admin. 33 Public Works 50 Parks and Recreation 54 Hernmens 69 Non -Departmental Proposed Arnended 1995 1995 R,,r --& _ $84,101 $84,101 131,159 131,159 590,343 590,343 179.285 179,285 438,711 438,711 540,478 540,478 767,681 767,681 708,948 708,948 587,.185 587,185 1,494,417 1,494,417 12,357, 777 12,357, 777 . 14,900 14,000 7,427,748 7,427, 748 1, 785, 850 1, 785, 850 6,504,764 6,504,764 3.225,152 3,225,152 618,131 618,131 1,621,730. iOiAL $39,D7$,360 1,621,730 $39,078,360 Ordinance T9-94 increase/ $0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 VOLUME LIX DECEMBER 14, 1994 762 Proposed Amended 1995 1995 Increase/ Fund Dept. Budget Budget (Decrease) Special Revenue Funds 201 Public Benefit $854,145 $854,145 0 220 E911 Telephone System 1,177,405 1,177,405 0 230 Community Development Block 1,449,500 1,449,500 0 240 Spring Street Parking Dist. 62,950 62,950 0 250 Drug Asset Forfeiture 26,775 26,775 0 251 Auto Theft Task Force 144,480 144,480 0 260 S. Grove Special Tax Alloc, 404,725 404,725 0 261 Dundee Special Tax Alloc. .216,.850 216,850 0 270 Fox Bluff Corp. Center 460,190 460,190 0 275 Elgin Riverboat 11,250,000 11,250,000 0 280 IL Municipal Retirement 3,910,370 3,910,370 0 290 Motor Fuel Tax 1,790,000 1,790,000 0 TOTAL $21,747,390 $21,747,390 $0 Debt Service 301 Corp. Bond Fund $6,544,400 $6,544,400 0 TOTAL $6,544,400 $6,544,400 $0 783 DECEMBER 14, 1994 vOL.UME LTX rl n Proposed Amended 1995 1995 Increase/ Fund Dept. Budget Budget (Decrease) Capital Improvement 340 Park Development Fund $707,185 $707,185 0 350 Downtown Redevelopment 66,535 66,535 0 378 Tyler Creek 1,084,430 1,084,430 0 385 Capital Improvements 0 0 0 390 1990 GO Bond Projects 905,755 905,755 0 392 1992 Bond Project 6,000,000 6,000,000 0 TOTAL $8,763,905 $8,763,905 0 Enterprise Funds 401 Water Operating $10,236,378 $10,236,378 0 420 Water Development 233,115 233,115 0 430 Sewer Operating 2,213,000 2,213,000 0 440 Sewer Development 133,050 133,050 0 450 Parking Operating 115,000 115,000 0 455 Spring Street Prkg Ops. 108,160 108,160 0 501 Cemetery Operating 342,470 342,470 0 510 Cemetery Sinking Fund 0 0 0 520 Cemetery Perpetual Care 125,000 125,000 0 540 Golf Operating 946,020 946,020 0 550 Sports Complex 294,000 294,000 0 TOTAL $14,746,193 $14,746,193 $0. (Internal Service 601 Equipment Replacement 630 Risk Management 'Trust and Agency 701 Police Pension 711 Fire Pension TOTAL GROSS EXPENDITURES Less Interfund Transfers NET EXPENDITURES 2,578,415 2,578,415 0 5,046,140 5,046,140 0 TOTAL $7,624,555 $7,624,555 $0 2,740,600 2,740,600 0 2,919,370 2,919,370 0 TOTAL $5,659,970 $5,659,970 $0 $104,1.64,773 $104,164, 773 0 $0 $0 0 $104,164,773 $104,164,773 $0 VOLUME LIX DECEMBER 14, 1994 786 WING PARK BAND SHELL: Daily 9:00 a.m. 10:00 p.m. Additional Lighting* Grouj2 4 Hour Rental Hour Per Hour School $ 15.00 Resident $ 20.00 Nonresident $ 25.00 *includes technician SPORTS FACILITIES: $ 5.00 $ 15.00 $ 5.00 $ 15.00 $ 5.00 $ 20.00 Sports Complex Soccer Fields: Daily 8:00 a.m. - Dark Group Per Game (max. _2 _hrs.) Resident $ 30.00 Sports Complex Sand Volleyball Courts: Daily 8:00 a.m. - 10:00 P.M. Group Per Hour Lighting Per Hour* Resident $ 10.00 $ 15.00 Nonresident $ 13.00 $ 18.00 *includes technician Tennis Courts: Wing Park: Daily 8:00 a.m. - 10:00 p.m. Lords Park: Daily 8:00 a.m. - Dark Group Per Hour Per Court Resident $ 3.00 (up to 10 dates) Nonresident $ 4.00 (up to 10 dates) Softball Field Rental Priority Classifications: Priority Classification "A" pertains to Elgin Little Leagues, Elgin Teener,League, Elgin Pee Wee Football. Priority Classification "B" (resident) pertains to all Elgin citizens, organizations, businesses, and Elgin private and public schools. Pertains to organizations with one or more athletic teams that participate in leagues that are located either inside or outside of Elgin, that play their home games on Elgin. fields. Included are Fox Valley Men's Soccer League, Fox Valley Men's Baseball League, American Legion of Elgin, Amateur Sandlot League, Elgin 12" Fast Pitch League, Fox Valley Senior Babe Ruth League, and Elgin Masters Softball League. 787 DECEMBER 14, 1994 VOLUME LTX I Priority Classification "C" (nonresident) pertains to any organizations, private businesses, leagues or teams from outside the Elgin city limits wishing to use Elgin fields for practice and league games. Softball Field Rental Charges: Softball Complex:'Daily 8:00 a.m. - 10:00 p.m. Park Baseball Diamonds: Daily 8:00 a.m. - Dark Priority Park Baseball Classification Diamonds Softball Complex „A" $ 10.00 $ 8.00/hr. season permit per field Tournaments $ 40.00/per day per field/minimum 2 fields "B" $ 20.00/permit per field (up to 20 games) Tournaments "C" $ 20.00/permit per field (up to 5 games) Tournaments $ 9.00/hr per field $ 50.00/per day per field/minimum 2 fields $ 11.00/hr. per field $ 60.00/per day . per field/minimum 2 fields Field Preparation and Miscellaneous Rentals: Field Preparation: (bases/lining/dragging) Lights: (complex only/includes operator.) Sports Complex Scoreboard: (includes operator) Resident/Nonresident $ 20.00/$. 24.00 per field $ 30.00/$ 36.00 per hour/per field $ 12.00/$ 15.00 per operator s/ George VanDeVoorde George VanDeV oro de, Mayor VOLUME LIX DECEMBER 14, 1994 M Presented: December 14, 1994 Adopted: December 14, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G74-94 PASSED ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 1995 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES (GOLF FEES) Councilman Walters made a motion, seconded by Councilman Schock, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Ordinance No. G74-94 AN ORDINANCE ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 1995 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES WHEREAS, the City Council has determined that it is necessary and proper to establish a new fee schedule and other policies relative to the operation of the municipal golf courses of the City of Elgin for the 1995 golf season. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the same are hereby established for the two municipal golf courses for the 1995 season, to -wit: SEASON PASSES SPARTAN MEADOWS AND WING PARK: Resident Non -Resident Adult (age 16 and over) $ 580.00 $ 680.00 Senior (62 years and over) $ 320.00 $ 380.00 Youth (high school student $ 250.00 $ 305.00 or age 15 and under) Couples Pass $ 900.00 $ 1060.00 DECEMBER 14, 1994 VOLUME LIX WING PARK ONLY:* Resident Non -Resident Adult (age 16 and over) $ 305.00 $ 370.00 Senior (62 years and over) $ 176.00 $ 205.00 Youth (high school student $ 140.00 $ 170.00 or age 15 and under) Couples Pass $ 475.00 $ 575.00 * Wing Park season passes are good at Spartan Meadows after Wing Park closes. GREEN FEE RATES - SPARTAN MEADOWS RESIDENT: Weekday Weekend 18 holes $ 15.75 $ 24.00 18 holes, Sr. and Jr. $ 13.00 DNA 9 holes* $ 9.50 DNA 9 holes, Sr. and Jr. $ 8.50 DNA Twilight $ 9.50 $ 14.00 NON-RESIDENT: Weekday Weekend 18 holes $ 18.25 $ 28.00 18 holes, Sr. and Jr. $ 16,25 DNA 9 holes* $ 12..00 DNA 9 holes, Sr. and Jr. $ 11.00 DNA Twilight $ 12.00 $ 16.50 GREEN FEE RATES - WING PARK RESIDENT: Weekday Weekend. 18 holes $ 14.50 DNA 18 holes, Sr. and Jr. $ 11.75 DNA 9 holes* $ 8.75 $ .10.75 9 holes, Sr. and Jr. $ 7.75 DNA Twilight $ 10.25 $ 14.75 NON-RESIDENT: Weekday Weekend 18 holes $ 17.00 DNA 18 holes, Sr. and Jr. $ 15.00 DNA 9 holes* $ 11.25 $ 14.00. 9 holes, Sr. and Jr. $ 10.25 DNA Twilight $ 13.00 $ 17.25 Weekdays: Monday through Thursday.. Weekends: Friday through Sunday and holidays. * 9 hole rate applies to leagues. VOLUMt LIX DECEMBER 14, 1994 790 GOLF CARTS: 18 Holes 9 Holes Single Rider 9 holes Single Rider 18 holes Pull Carts RENTAL RATES $ 24.00 $ 12.00 $ 8.00 $ 16.00 $ 2.00 RENTAL CLUBS: - 18 Holes $ 10.00 9 Holes $ 6.00 DRIVING RANGE: Small $ 3.00 Large $ 4.00 SCHOOL TEAM RATES School golf rate to be equal to one adult resident season pass per team per school season. RESERVATION CHARGES Leagues will be charged a $25.00 fee for their block of times for the season. Outings to be charged a non-refundable deposit equal to $1.0.00 per starting time necessary to accommodate the group. PERMANENT TEE TIME The fee per foursome for a Saturday or Sunday permanent tee time is $100.00. DISCOUNTS A. DISABLED PERSONS DISCOUNTS: Senior citizen rates shall be available to disabled persons upon application which includes the following information: 1. Name and age of applicant. 2. Notarized affidavit that applicant is unable to work, full or part time, due to physical disability. 3. Written statement from licensed physician stating that the applicant is physically disabled and unable to work full or part time. 791 DECEMBER 14, 1994 VOLUME LIX B. GROUP DISCOUNTS: For groups of 16 or more a discount may be granted at the discretion of the Golf Professional. Section 2.. That -all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after- its passage and approval in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Vote: Yeas 6 Nays 1 Recorded: December 15, 1994 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G73-94 PASSED AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES (CEMETERY FEES) Councilman Fox made a motion, seconded by Councilwoman Popple, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schack, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Ordinance No. G73-94 AN ORDINANCE AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.24.200 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: VOLUME LIX DECEMBER 14, 1994 792 112.24.200 Lot or grave space --Purchase price. A. The cost of lots is established at the rate of five hundred fifty dollars per grave space; of this amount four hundred fifty dollars shall be credited to the general fund and one hundred dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. B. The cost of infant grave spaces in the infant and child section is established at one hundred twenty-five dollars for two foot by four foot grave sites and two hundred twenty-five dollars for grave sites larger than two foot by four foot; of this amount, one hundred fifty-five dollars shall be credited to the general fund and seventy dollars to the perpetual care fund. The cost of infant and child grave spaces in the adult section is established at the same rate as an adult grave space in that section. C. The cost of lots in Section 2-A is established at the rate of five hundred sixty dollars per grave space; of this amount four hundred twenty-five dollars shall be credited to the general fund and one hundred thirty-five dollars to the perpetual care fund, However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. D. The cost of lots in the memorial sections is established at the rate of four hundred thirty-five dollars per grave space; of this amount three hundred fifty dollars shall be credited to the general fund and eighty-five dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. E. The cost of lots in Section 22 is established at the rate of five hundred fifty dollars per grave space; of this amount four hundred twenty-five dollars shall be. credited to the general fund and one hundred twenty-five dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted fund." 793 DECEMBER 14, 1994 VOLUME LIX Section 2. That Section 2.24.230 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "2.24.230 Fees for burial services. The superintendent shall demand and shall receive the following fees in advance. Fees charged to the account of local undertakers shall be paid within twenty days after services furnished. Effective Services 1/1/95 A. Burials 1. Adults, including tent Weekdays, 8:00 AM - 2:30 PM $ 600 Weekdays, 2:30 PM -- 4:00 PM $ 7.20 Weekdays, after 4:00 PM $ 790 Saturdays, 9:00 AM - 12:30 PM $ 790 Saturdays, 12:30 PM - 4:00 PM $ 910 Sundays and Holidays, 9:00 AM - 12:30 PM $1210 Sundays and Holidays, 12:30 PM - 3:00 PM $1300 2. Infants (up to 48" vault), no tent Weekdays, 8:00 AM - 2:30 PM $ 200 Weekdays, 2:30 PM - 4:00 PM $ 275 Saturdays, 8:00 AM - 12:30 PM $ 325 Saturdays, 12:30 PM - 3:00 PM $ 375 Sundays and Holidays 9:00 AM - 12:30 PM $ 600 Sundays and Holidays, 12:30 PM - 3:00 PM $ 720 3. Public Aid, no tent Weekdays Only, 8:00 AM - 3:00 PM $ 31.5 Grave Box for Public Aid Burials $ 193 (includes setting) (State of Illinois to pay $315. Funeral Director to pay cost of grave box plus j cost of setting grave box. If marker is desired, grave space, burial, and other costs shall be paid at full price before marker is set.) VOLUME LIX DECEMBER 14, 1994 794 4. Disinter/Reinter Adult disinter, weekdays, 8:00 AM - 2:30 PM only $ 700 Adult reinter, weekdays, 8:00 AM - 2:30 PM only $ 600 Infant disinter, weekdays, 8:00 AM - 2:30 PM only $ 300 Infant reinter, weekdays, 8:00 AM - 2:30 PM only $ 200 5. Cremations, no tent Weekdays, 8:00 AM - 2:30 PM $ 275 Weekdays, 2:30 PM - 4:00 PM $ 355 Saturdays, 9:00 AM - 12:30 PM $ 375 Saturdays, 12:30 PM - 3:00 PM $ 420 Sundays and Holidays 9:00 AM - 12:30 PM $ 600 Sundays and Holidays, 12:30 PM - 3:00 PM $ 720 (Permanent container required, subject to approval of Cemetery Director; Cremains shall not be scattered on the grounds.) 6. Place Casket in Mausoleum Weekdays, 8:00 AM - 2:30 PM $ 600 Weekdays, after 2.30 PM $ 790 Saturdays, 9:00 AM - 12:30 PM $ 790 Saturdays, after 12:30 PM $ 910 Sundays and Holidays 9:00 AM - 12:30 PM $1210 Sundays and Holidays, 12:30 PM - 2:30 PM $1300 B. Vault Setting $ 135 C. Grave Box Setting $ 135 (Except for Public Aid. Public Aid shall be 50% of normal fee) D. Grave Box $ 230 (Public Aid --See Public Aid Burials) E. Cremation Vault $ 140 F. Tent (other than adult burials) $ 70 G. Veteran's Marker $ 100 H. Sodding or Resodding 795 DECEMBER 14, 1994 VOLUME LIX 1. Adult Grave $ 45 2. Infant Grave $ 25 I. Care of Vases or Urns, Each $ 35 J. Foundation Permit $ 40 K. Deed Transfer $ 40 L. Seasonal. Care 1. Single Grave Lot $ 15 2. Two Grave Lot $ 18 3. In excess of two grave spaces, each additional grave space $5.50 M. Perpetual Care I. First Grave Space $ 120 plus surcharge 2. Each Additional Grave Space $ 110 (Perpetual care shall be paid plus on entire lot prior to setting surcharge or engraving headstones or monuments on any portion thereof) Surcharge: Anyone wishing to purchase perpetual care for any grave space not currently covered by such care shall pay a surcharge equal to five years seasonal care on the number of graves to be covered. The surcharge shall be.based on the then current fee for seasonal care. Provided, however, that this surcharge shall: be reduced by the amount equal to the then current seasonal care rate multiplied by the number of years, if any, in the five (5) years prior that seasonal care was provided for the grave or grave spaces to be marked. This surcharge is to be deposited in the General. Cemetery Fund." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LIX DECEMBER 14, 1994 796 Section 4. That this ordinance shall be in full force and effect from and after January 1, 19.95. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Vote: Yeas 6 Nays 1 Recorded: December 15, 1994 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G72-94 PASSED AMENDING. CERTAIN TRAFFIC AND PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN MONTHLY PARKING PASS AT CIVIC CENTER PLAZA Councilwoman Popple made a motion, seconded by Councilman Schock, to pass the fallowing ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Ordinance No. G72-94 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 amending Section 11.60.089 to read as follows: 11.60.089 Monthly permit parking zones. A. The following streets and areas shall be all -day monthly permit parking zones: Riverside Drive, southbound 66 spaces (facing southwest) from Chicago Street to Prairie Street. B. Monthly permit parking zones are subject to all day parking, 9 A.M. to 5 P.M., Monday through Saturday. 797 DECEMBER 14, 1994 VOLUME LTX C. The finance director may lease these 66 parking spaces along Riverside Drive at a monthly rate of thirty dollars. The lessee shall display the parking permit in a manner as designated by the finance director so it is visible to the parking attendant. Failure to comply shall result in the revocation of the parking permit and forfeiture of the paid parking fee. Section 2. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of three-hour parking zones under Section 11.60.084.4 the following: Riverside Drive, southbound 24 spaces (facing southeast) immediately south of E. Chicago Street. Section 3. That Title 11, Chapter 11.68 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 11.68.15.0(F) to read as follows: F. The finance director may lease each parking space in the civic center parking zone for a designated period. The prepaid rate shall be thirty dollars per month. The lessee shall only park in the assigned rows, the parking permit shall be displayed in a manner designated by the finance director so it is visible to the parking attendant, and, upon leaving the parking area:, sign the ticket received on entering with his permit number prior to presenting it to the attendant. Failure to comply shall result in the revocation of the parking permit and forfeiture of the paid parking fee. 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 from and after January 1, 1995. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14,' 1994 Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: December 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk > 3' VOLUME LIX DECEMBER 14, 1994 798 ORDINANCE G71-94 PASSED AMENDING THE WATER AND SEWER RATES (1995-1999) Councilwoman Popple made a motion, seconded by Councilman Schock, to pass the following ordinance. Yeas: Counci.lmembers Fox, Gilliam, Popple, Schock, and Walters. Nays: Councilmember Yearman and Mayor VanDeVoorde. Ordinance No. G71-94 AN ORDINANCE AMENDING THE WATER AND SEWER RATES WHEREAS, the City of Elgin has conducted a Five -Year Financial Plan process employing broad based community and organizational guidances; and WHEREAS, this process has produced financial plans for the major enterprise functions of water and sewer; and WHEREAS, these documents follow master plans for the utilities to provide better service to existing customers as well as expansion opportunities for economic development; and WHEREAS, among the strategic capital improvements for the water system is improvement and expansion of the Riverside Water Treatment Plant so that additional water is available in 1999. NOW, THEREFORE., BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.04.180 of Chapter 14.04 entitled "Water Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 14.04.180 Water rates --Consumers within city. A. The following rates are established and shall be collected for all water furnished by the city to any consumer in the city for purposes other than fire protection: 1. A monthly availability charge shall be collectable and computed based upon the size of the meter in accordance with the following: Meter Size 1995 1996 1997 1998 1999 5/8" $ 3.90 $ 4.20 $ 4.55 $ 4.90 $ 5.30 3/4" 12.95 14.00 .15.10 16.30 17.65 1 " 25.90 28.00 30.25 32.65 35.25 li" 38.90 42.00 45.35 49.00 52.90 51.8.5 56.00 60.45 65.30 70.55 2 " 77.75 84.00 90.70 97.95 105.80 799 DECEMBER 14, 1994 VOLUME LIX 3 " 129.60 139.95 151.15 163.25 176.30 4 181.45 195.95 211.65 228.55 246.85 6. " 285.10 307.95 332.55 359.15. 387.90 10 492.50 531.90 574.40 620.40 670.00 2. For each hundred cubic feet or fraction thereof of water supplied, the following rates shall apply:. 1995 1996 1997 1998 1999 $ 1.66 $ 1.79 $ 1.93 $ 2.09 $ 2.26 B. Special services shall be billed at the prevailing water rates or, if temporary meter service is not feasible, a substantially equivalent rate will be determined by the city manager. C. Water furnished by the truckload shall be billed at the following rate per 1,0.00 gallons or fraction thereof. Minimum billed shall be thirty-five dollars. 1995 1996 1997 1998 1999 $ 6.50 $ 7.00 $ 7.55 $ 8.15 $ 8.80 Section 2. That Section 14.08.220 of Chapter 14.08 entitled "Sewer System" of the Elgin Municipal code, 1976, as amended, be and is hereby further amended to read as follows: 14.08.220 Sewer rates. The following rates and fees are established and shall be collected for sanitary sewer service furnished by the city to any user in the city: A. For all properties connected to the city water system which are also served by a sanitary sewer, directly or indirectly connected to any sewer owned or maintained by the city, a rate is established as follows for each one hundred cubic feet of water supplied by the city or such quantity of water used as determined by the Fox River Water Reclamation District for billing purposes, whichever is less. 1995 1996 1997 1998 1999 $ 0.5.9 $ 0.65 $ 0.75 $ 0.81 $ 0.88 B. For all properties which are not connected to the city water system which are served by a sanitary sewer, directly or indirectly connected to any sewer owned or maintained by the city, a rate as VOLUME LIX - DECEMBER 14, 1994 800 identified in paragraph A above shall apply. Provided, however, said rate shall not be less than that shown in Table #1 below per month for each single-family residence use and that shown in Table #II for all other uses. TABLE #1: 1995 1996 1997 1998 1999. $ 7.68 $ 8.37 $ 9.63 $10.49 $11.44 TABLE #II: 1995 1996 1997 1998 1999 $12.80 $13.95 $16.04 $17.49 $19.06 Section 3. That all ordinances or part 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 from and after January 1, 1995. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Vote: Yeas 5 Nays 2 Recorded: December 15, 1994 Published: Attest: sl Dalonna Mecum Dalonna Mecum, City Clerk ORDINANCE T7-94 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1 1994 AND ENDING DECEMBER 31., 1994 OF THE CITY OF ELGIN, KANE AND COOK_COUNTIE INOIS Councilwoman Popple made a motion,,seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember'Yearman. 601 DECEMBER 14, 1994 VOLUME LIX Ordinance No. T7-94 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994 AND ENDING DECEMBER 31, 1994 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the Counties of Kane and Cook, in the State of Illinois, did on the 15th of December, 1993 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said.City for the fiscal year beginning January 1, 1994, the amount of which is ascertained to be the aggregate sum of $101,315,914. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to "... exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection for the public health, safety, morals and welfare; to license; to tax; and to incur debt." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: SECTION 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 1994, the total sum of $19,942,825 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific. amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading "To Be Raised By Taxation" which appears over the same, the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: VOLUME LIX DECEMBER 14, 1994 802 GENERAL CORPORATE PURPOSES Amount Appropriated In accordance with provisions of the 1970 Constitution of Illinois, Article 7 01 Mayor & City Council $ 79,335 02 City Clerk 112,155 03 Office of City Manager 504,858 04 Purchasing 172,.770 05 Legal 413,940 06 Human Resources 486,270 15 Planning 707,308 17 Dept. of Properties 578,214 18 Management Info. Serv. 374,645 19 Boards & Commissions 389,070 20 Finance 1,055,185 23 Police Dept. 11,445,782 28 Fire Dept. . 6,924,758 29 Code Enforcement 1,450,667 3301 Public works - Admin. 280,293 3311 Engineering Division 891,796 3322 Traffic 714,61E 3331 Sanitation Division 2,852,920 3341 Streets Division 1,443,730 5001 Parks - Admin. 297,588 5011 Recreation Division 853,53.3 5021 Forestry Division 168,976 5031 Parks Maintenance 1,436,871 54 Hemmens Building 824,920 69 Non -Departmental 673.,740 TOTAL - GENERAL CORPORATE PURPOSES $35,133,942 Add: 1% for Loss of Collection TOTAL AMOUNT TO BE RAISED BY TAXATION - GENERAL CORP. PURPOSE Estimated To Be Receipts From Raised By Other Sources Taxation $ 79,335 $ - 112,155 - 504,858 - 172,770 - 413,940 - 486,270 - 707,308 - 578,214 - 374,645 - 389.,070 -- 1,055,185 - 5,045,627 6,400,155 2,174,758 4,750,000 1,450,667 - 280,293 - 891,7.96 - 714,618 - 2,852,920 - 1,443,730 - 297,588 - 853,533 - 168,976 - 1,436,871 - 824,920 - 673,740 $23,983,787 $11,15.0,155 $ 112,630 $11,262,785 DECEMBER 14, 1994 SS VOLUME LSX Estimated To Be Amount Receipts From Raised By Appropriated Other Sources Taxation SPECIAL CORPORATE PURPOSES 201 Public Benefit Fund $ 447,292 - $ 447,292 Add: 1% for Lass of Collection 4,5.18 TOTAL AMOUNT TO BE RAISED BY TAXATION - PUBLIC BENEFIT $ 451,810 210 Road & Bridge Fund - In Accordance with 1970 Con- stitution of Illinois Article 7 $ 0 $ 0 $ - 220 Emergency 'Telephone System 908,295 908,295 - 230 Community Dev. Grant 1,799,515 1,799,515 - 240 Spring St Parking Dist. 60,030 60,030 - 250 Drug Asset Forfeiture Fund 36,720 36,720 - 251 Auto Theft Task Force Fund. 137.,635 137,635 - 260 S. Grove Special Tax Allocation Fund 110,0.00 110,000 261 Dundee Special Tax Allocation Fund 338,970 338,970 - 270 Fox Bluff Corp. Center Development Fund 435,040 435,040 - 280 I.M.R.F. $3,842,305 $2,302,400 $1,539,905 Add: 1% for Loss of Collection 15,555 TOTAL AMOUNT TO BE RAISED BY TAXATION - I.M.R.F. $11555,460 290 Motor Fuel Tax Fund 1,961,420 1,961,420 - 301 Corporate Bond Fund $6,315,835 $ 290,878 $6,024,957 Add: 1% for Loss of Collection 60,858 TOTAL AMOUNT TO BE RAISED BY TAXATION -- CORPORATE BOND FUND $6,085,815 340 Park Development Fund 353,410 353,410 - 350 Downtown Redev. Fd. 67,160 67,160 - 378 Cap. Imprv.-Tyler Ck. 1,044,570 1,044,570 - 390 1990 Bond Proj. Fund 867,015 867,015 - 392 1992 Bond Proj. Fund 19,286,865 19,286,865 - 393 1993 Bond Proj. Fund 1,350,265 1,350,265 - VOLUME LIX DECEMBER 14, 1994 Estimated Amount Receipts From Appropriated Other Sources 401 Water Operating Fund 9,491,725 9,491,725 420 Water Development Fd. 226,065 226,065 430 Sewer Operating Fd. 1,768,000 1,768,000 440 Sewer Development Fd. 230,450 230,450 450 Parking Operating Fd. 128,440 128,440 455 Spring St. Parking Operating Fund 140,970 140,9.70 500 Cemetery Oper. Fund 375,495 375,495 510 Cemetery Sinking Fund 2,9.05 2,905 520 Cemetery Perpetual Fund 149,500 149,500 540 Golf Operating Fund 873,050 873,050 543 Golf Improv. Fund 44,4.30 44,430 550 Sports Complex 236,005 236,005 601 Equip. Replacement 1,907,650 1,907,650 630 Risk Management Fund 5,881,445 5,881,445 701 Police Pension Fund $ 2,632,5.75 $ 2,525,932 Add: 1% for Loss of Collections TOTAL AMOUNT TO BE RAISED BY TAXATION - POLICE PENSION 711 Fire Pension Fund $ 2,73.0,925 Add: 1% for Loss of Collections .- TOTAL AMOUNT TO BE RAISED BY TAXATION - FIRE PENSION TOTAL SPECIAL CORPORATE 2,256,482 To Be Raised By Taxation $ 106,643 1,077 $ 107,720 $ 474,443 4,792 479,.235 PURPOSES $ 66,181,972. $ 57,588,732 $ 8,593,240 Add: 1% for Loss of Collection 86,800 TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES $ 8,680,040 GRAND TOTAL - APPROPRIATION ALL PURPOSES $101,315,914 TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION $ 81,572,519 TOTAL TO BE RAISED BY TAXATION $19,743,395 Add: 1% for Loss of Collection 1.99,430 TOTAL AMOUNT TO BE RAISED BY TAXATION $19,942,825 THE TOTAL AMOUNT OF $19,942,825 LEVIED BY THIS ORDINANCE FOR ALL FUNDS. 804 805 DECEMBER 14, 1994 - VOLUME LIX SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. SECTION 3. That the City Clerk be and she is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. Introduced to the City Council of the City of Elgin, Illinois, this 14th day of December, 1994. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Vote: Yeas 6 Nays 1 Recorded: December 15, 1994 Published: December 15, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE TIO-94 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1994 IN AND FOR THE CITY OF ELGIN SPECIAL, SERVICE AREA NUMBER TWO Councilman Fox made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor. VanDeVoorde. Nays: None. Ordinance No. T10-94 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1994 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Two has been created by an ordinance entitled "An Ordinance Establishing Special Service Area Number Two in the City of Elgin" passed and effective on September 7, VOLUME LIX DECEMBER 14, 1994 806 1977; that the corporate authorities of the City of Elgin, acting as the governing board of City of Elgin Special Service Area Number Two are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Two, subject to taxation for the year 1994, the sum total of $40,845 for the following purposes. Estimated Receipts From Sources To Be 1994 Other Than Raised By Appropriation Taxation Taxation Debt Services - repayment of loan from City of Elgin for the construction.of parking facility $60,000 $19,560 40$ ,440 Total Appropriation $60,000 Total Revenues from Sources Other Than Taxation $19,560 Amount To Be Raised By Taxation $40,440 Add: 1% for Loss of Collection 405 Total Amount To Be Raised By Taxation for Special Service Area Number Two Purposes $40,845 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to Public Act 78-90I and to an ordinance establishing City of Elgin Special Service Area Number Two. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois, the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor 907 DECEMBER 14, 1994 VOLUME LIX Presented: December 14, 1994 Passed: December 14, 1994 Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-324 ADOPTED ADOPTING THE FIVE-YEAR FINANCIAL PLAN Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-324 RESOLUTION ADOPTING THE FIVE-YEAR FINANCIAL PLAN WHEREAS, the City of Elgin has conducted an extensive and broad -based dialogue with the community in drafting a Five -Year Financial Plan (1995-1999); and WHEREAS, the community dialogue included 37 community meetings during the summer months; and WHEREAS, a Community Needs Statement was produced chronicling the input from the neighborhood meetings and the City organizational needs; and WHEREAS, the Mayor and members of the City Council reviewed the Community Needs Statement; and WHEREAS, ten key issues of the community, after being reviewed by the Mayor and members of the City Council, were used to guide formation of the Five -Year Financial Plan; and WHEREAS, the draft Five -Year Financial Plan, the 1995 Budget and Program Strategies, and the Community Needs Statement has been distributed to more than 350 participants in the community meetings; and WHEREAS, budget documents including the draft Five -Year Financial Plan have been placed on file for public review with the City Clerk and at the Gail Barden Public Library. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Five -Year Financial Plan VOLUME LIX DECEMBER 14, 1994 is hereby adopted as a policy document of the city to guide strategic planning and operations. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Adopted: December 14, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-3.29 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH O'DONNELL WICKLUND PIGOZZ AND PETERSON ARCHITECTS. INC. FOR THE LAW ENFORCEMENT FACILITY Councilwoman Popple made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Resolution No. 94-329 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH O'DONNELL WICKLUND PIGOZZI AND PETERSON ARCHITECTS, INC. FOR THE LAW ENFORCEMENT FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Professional Services Agreement on behalf of the City of Elgin with O'Donnell Wicklund Pigozzi and Peterson Architects, Inc. for furniture, fixtures and equipment for the.Law Enforcement Facility, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 .Adopted: December 14, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 809 DECEMBER 14, 1994 VOLUME LIX AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilwoman Popple made a motion, seconded by Councilman Fox, to authorize the following payments. Yeas: Councilmembers Fox, Gilliam, Popple', Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Direct Response $12,212.67 Full and final payment Resource for services provided Northbrook, IL in the preparation and mailing of the 1995. vehicle license applications. Illinois Apartments $11,100.00 Projected annual cost Aurora, IL for the rental of office space at 718 Highland Avenue in Aurora for the Kane County Auto Theft Task Force. Smith Engineering $ 81132.85 Traffic engineering Consultants services for the period McHenry, IL Nov 1-18, 1994. HTE Headquarters $25,800.00 Cost of maintenance Orlando, FL agreements in conjunction with the implementation of various departmental software programs for the annual period ending November 30, 1995. AUTHORIZATION OF RIVER PLACE PAYMENTS Councilman Fox made a motion, seconded by Councilwoman Popple, to authorize the following payments regarding River Place. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Old Kent Bank $ 8,848.00 January 1995 payment Elgin, IL for loan obtained by Center City Development Corporation. Long Elevator $ 800.00 December 1994 elevator Springfield, IL maintenance service. N. I. Gas Company $ 977.41 Payment of the current Elgin, IL gas charges. VOLUME LIX City of Elgin Elgin, IL Ameritech Bedford Park, IL CONSENT AGENDA DECEMBER 14, 1994 810 $ 987.52 Payment of the current water and sewer charges. $ 31.93 Payment of the current telephone charges. The Council was advised that agenda items C-11. and C-12. involving purchase and upgrade of mainframe computer equipment should be removed from the agenda and considered at a future meeting. Councilman Fox made a motion, seconded by Councilwoman Popple, to remove C-11 and C-12 from the Consent Agenda and pass Ordinance Nos. G70-94, G75-94 through G79-94, and adopt Resolution Nos. 94-325 through 94-328, by omnibus vote. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ORDINANCE G77-94 PASSED APPROVING A CONDITIONAL USE FOR VEHICLE REPAIR PROPERTY LOCATED AT 2465 SOUTH STREET; MUFFLER, AS APPLICANT AND OWNER (PETITION 42-94) 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. G77-94 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP AT 246.5 SOUTH STREET WHEREAS, written application has been made for an AB Area Business District conditional use for a motor vehicle repair shop at 2465 South Street; and IN WHEREAS, the Zoning and Subdivision Hearing. Board conducted a public hearing after due notice by publication and has submitted its•fi.ndings 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 811 DECEMBER 14, 1994 VOLUME LIX 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 motor vehicle repair shop at 2465 South Street and legally described as follows: - LOT 3 IN DARLENE MCDERMOTT SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 16, PART OF THE SOUTHEAST QUARTER OF SECTION 17, PART OF THE NORTHEAST QUARTER OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 21, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE THE CITY OF ELGIN, ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS. be and is hereby granted subject to the following conditions. 1. Substantial compliance with the preliminary site plan prepared by Martin Design Partnership, dated June 27, 1994, revised on November 3, 1994 and on November 21, 1994. 2. The following improvements and minor changes to the above referenced site plan shall be allowed subject to compliance with all applicable codes and ordinances, and without requiring an amendment to the conditional use ordinance: -- minor adjustments to the location of parking lots and buildings as approved by the Development Administrator; signs; -- fences; and F- obstructions in yards. 3. Compliance with all applicable codes and ordinances, and the terms and conditions of the Funk Property Annexation Agreement. 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. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIX DECEMBER 14, 1994 812 Presented: December 14, 1994 Passed: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G70-94 PASSED AMEND CERTIFICATES OF APPROPRIATENE AINING 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. G70-94 AN ORDINANCE AMENDING THE PROCEDURES FOR OBTAINING CERTIFICATES OF APPROPRIATENESS WHEREAS, Chapter 20.08 of the Elgin Municipal Code, 1976, as amended, provides for the procedures for the application and issuance of Certificates of Appropriateness for property within the City's Historic District; and WHEREAS, in order for the City to qualify as a Certified Local Government with the Illinois Historic Preservation Agency, it is necessary to amend the procedures within Chapter 20.08 so as to provide for applications for Certificates of Appropriateness to be made to the Heritage Commission instead of the Building Official; and WHEREAS, the City Council has determined it is necessary and desirable for the City to become a Certified Local Government with the Illinois Historic Preservation Agency and such status would enable the City to compete for federal funding in support of the City's Historic Preservation Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That.Section 3.70.055 of the Elgin Municipal Code, 1976, as amended, be and is hereby added to read as follows: 813 DECEMBER 14, 1994 VOLUME LIX "3.70.055 Design Review Subcommittee. A. Subcommittee Created. There is created the Design Review Subcommittee of the Elgin Heritage Commission. The Design Review Subcommittee shall be responsible for receiving applications for and issuing or _denying Certificates of Appropriateness as provided in Chapter 20.08 of this code. B. Composition. The Design Review Subcommittee shall be composed of four (4) members from the Heritage Commission. Members of the Subcommittee shall be elected -by the entire Heritage Commission. C. Terms. The terms of the members of the Design Review Subcommittee shall be for one (1) year. Elections for the Design Review Subcommittee shall be held by the Heritage Commission in June of each year. D. Officers. Officers of the Design Review Subcommittee shall consist of a chairman and a vice-chairman elected by the commission. The chairman shall preside over meetings of the subcommittee. In the absence of the chairman, the vice chairman shall perform the duties of the chairman. E. Meetings. The Design Review Subcommittee shall meet upon the call of the chairman. No business shall be conducted by the Design Review Subcommittee without the presence of a quorum of three (3) members. All actions of the Subcommittee shall be made by a majority vote of the members at any meeting where a quorum is present." Section 2.. That Section 20.08.020 of the Elgin Municipal Code, 1976, as amended, be and hereby is further amended to read as follows: "20.08.020 Application and Approval Process. A. Applications to Design Review Subcommittee. Applications for a Certificate of Appropriateness, including the accompanying plans and specifications, shall be made to the Design Review Subcommittee of the Heritage Commission. The Design Review Subcommittee shall issue or deny a Certificate of Appropriateness within thirty (30) days of the receipt of a completed application. The Design Review Subcommittee shall provide technical assistance as to the application of design guidelines for proposed work on any landmark or on any property within a Historic District. VOLUME LIX DECEMBER 14, 1994 814 B. Administrative Approvals. The building official, or his designee, may issue Certificates of Appropriateness for certain routine or emergency kinds of work applications as Specified by the _Heritage Commission in its rules. The Heritage Commission shall adopt rules specifying routine or emergency kinds of work applications which may be processed by the building official or his designee." Section 3. That Section 20.08.030 of the Elgin Municipal. Code, 1976, as amended, be and is hereby further amended to read as follows: "20.08.030 Design Guidelines. In considering an application for a Certificate of Appropriateness, the Heritage Commission and the Design Review Subcommittee shall apply the Secretary of the United States Department of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as a standard for whether to issue such certificates, and other guidelines which may be adopted from time to time." Section 4, That Section 20.08.040 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 1120.080.040 Denial of a Certificate of Appropriateness. A denial of a Certificate of Appropriateness shall be accompanied by a statement of the reasons for the denial. The Design Review Subcommittee of the Heritage Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Design Review Subcommittee to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the applicant and the Design Review Subcommittee. The applicant may submit an amended application or reapply for a Certificate of Appropriateness that takes into consideration the recommendations of the Design Review Subcommittee." Section 5. That Section 20.08.050 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 1120.08.050 Appeals. A determination by the Design Review Subcommittee of the Heritage Commission that an application for a Certificate of Appropriateness be 815 DECEMBER 14, 1994 VOLUME LIX denied may be appealed to the entire Heritage Commission. All such appeals must be made to the Commission within ten (10) days from the denial of the original application The. Heritage Commission shall provide notice of and hold a public hearing on such appeals in the same manner as provided by Sections 20,06.040 and 20.06.060. In considering such appeals the Commission shall use the decision, guidelines as provided in Section 20.08.030. The Commission shall render a decision on an appeal within ten (1) -days from its final meeting to consider the matter and shall include written findings to accompany the decision. A denial of a Certificate of Appropriateness by the Heritage Commission pursuant to this section may be appealed to the City Council as provided by Section 20.10.040." Section 6. That Section 20.08.080 be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: "20.08.080. Other Permit Requirements. The issuance of a Certificate of Appropriateness shall not relieve a person from obtaining other permits as required by this Code, including but not limited to, a building permit or demolition permit. The building official shall not issue a building permit, demolition permit, or other permits for work affecting the exterior architecture appearance of a designated landmark or of a property within a designated historic district until a Certificate of Appropriateness has been issued." ,Section 7.. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDevoorde, Mayor VOLUME LIX DECEMBER 14, 1994 816 Presented: December 14, 1994 Passed: December 14, 1994 Omnibus Vote: Yeas 7 Nays D Recorded: December 15, 1994 Published: December 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G75-94 PASSED ESTABLISHING A PAY PLAN FOR PART-TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN Councilman Fox made a motion, seconded by Councilwoman Popple, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Pop.ple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G75-94 AN ORDINANCE ESTABLISHING A PAY PLAN FOR PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of standard salary ranges for part time and seasonal employees as follows: Single Rate Positions 970 Temp P.W. Laborer $ 9.68 977 Crossing Guard $ 8.09 867 Victim Asst. Coord. 10.78 Community Ser. Asst. 7.77 971 Police Reserves (Base) 10.78 978 undergrad Intern 7.83 972 Communication Operator 10.65 (Seasonal) 973 Relief Admin. Sec. 11.17 979 Parking Control Oft. 7.77 974 Relief Secretary 9.57 980 Trades Insp. 17.01 974 Hemmen's Technician 9.57 981 General Inspector 14.19 976 Intern (year-round) 8.48 982 Ass't. Clerk/Typist 11.17 848 Accounting Technician 12.36 726 Plan Examiner 20.60 710 Historic Preser. 13.77 817 DECEMBER 14, 1994 VOLUME LIX 1st 2nd 3rd 4th 5th Year -Round Part Time Positions Step Step Step Step Step 901 Secretary $ 7.80 $. 8.16 $ 8.59 $ 9.03 $ 9.29 902 Account Clk/Payroll Clk 7.15 7.49 7.91 8.34 8.58 903 Clk Typ/Police/Box.Office Clerk 7.05 7.35 7.73 8.10 8.35 904 Clerk 6.48 6.79 7.15 7.51 7.74 904 Switchboard Operator 6.48 6.79 7.15 7.51 7.74 905 Maintenance Worker 6.43 6.73 7.10 7.47 7.70 907 Janitor 6.24 6.62 6.99 7.37 7.58 908 Water Lab Worker 6.10 6.43. 6.73 7.04 7.24 859 Hemmen's Ticket Collector 6.10 6.43 6.73 7.04 7.24 909 Parking Attendants 5.80 6.10 6.43 6.75 6.96 Seasonal and Summer Positions 920 P.W. Laborer $ 7.18 $ 7.56 $ 7.90 $ 8.23 920 Grounds Worker 7.18 7..56 7.90 8.23 920 Parks Lab - (25 Hours Weekly) 7.18 7.56 7.90 8.23 923 Summer Laborer 5.93 6.24 6.62 6.99 924 Summer Janitor/Maint. 5.42 5.17 6.05 6.35 925 Hemmen's Operator 6.62 6.99 7.30 7.60 926 Staff Aides (Sum inter/Eng.) 6.36 6.68 7.15 7.63 927 Activity/Program Aides - Summer 4.74 5.04 5.31 5.57 928 Bicycle Patrol 5.80 6.10 6.43 6.75 929 Summer Clerical 5.67 5.92 6.24 6.54 Temporarv/Seasonal Recreational Staff 950 Instructors Conducts varied Adult and Youth Instructional Classes Requiring special Skills or Training 940 Instructors Conducts varied Adult and Youth Instructional Classes 941 League & Camp Directs Major Sports League Directors 942 Program Directs Major Recreation Director Programs involving Activity Supervisors or Co -Director of Sports Leagues 943 Assistant Assists at Adult and.Youth Instr. Instructional Classes of Sports Instructional Prog. 944 Activity Supervisor 945 Leaders/ Counselors Supervises Activity Programs s Assists at Activity Program Facilities or Recreational $10.97+ 9.13 10.29 9.67 8.90 7.73 8.10 8.53 8.97 6.43 6.73 7.10 7.51 VOLUME LIX DECEMBER 14, 1994 818 946 Attendants Attends the public at Movies 5..48 5.80 6.10 6.41 Cashiers, Scorekeepers Concession Sales, and Ice Rinks 947 Program Aide Helps at various Recrea- 4.74 5.04 5.31 5.57 tional Programs including Starter and Locker Rooms 948 Clubhouse Attendants 6.10 6.43 6.73 7.04 949 Golf Starters and Rangers 5.80 6.10 6.43 6.75 Temporary/seasonal Aquatic and Recreation Staff 960 Program Pool, Softball and Rec. $10.29 Coord. 961 Facility Mgr Pooh. 8.90 962 Ass't Facility Pool Manager & Lesson 7.54 7.98 8.35 8.71 Coordinator 963 Lifeguards WSI certification 5.24 5..48 5.80 6.11 964 Lifeguards Advanced Life Saving Certi. 5.04 5.31 5.57 5.82 Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect as of December 25, 1994. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: Attest: s/ Dolonna.Mecum Dolonna Mecum, City Clerk • DECE:MBER 14, 1994 VOLUME LIX r, ORDINANCE G76-94 PASSED ESTABLISHING A. PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN 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. G76-94 AN ORDINANCE ESTABLISHING A PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has ratified and implemented negotiated agreements reached by the City with various Employee Relations Committees, which include adjustments to approved wage and benefit packages; and WHEREAS, in consideration of the changing wage and benefit program for employees covered by negotiated agreements, it is therefore fit and proper to review and amend the salary schedule and management benefit program in addition to the basic benefit program for management and confidential employees as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of standard monthly salary ranges and benefit plans for the offices and positions shown: Benef it Group Department Heads A -I A COO/Assistant City Manager A Corporation Counsel. A Director of City Properties A Dir. of Code Admin. & Com. Preservation A Engineering Director A Executive Director, New Century Partnership A Finance Director A Fire Chief A Human Resources Director A Planning Director A Police Chief A Public Property and Recreation Director A Public Works Director Salary Range $5,020 - $7,095 li VOLUME LIX DECEMBER 14, 1994 Benefit Salary Range Group Mana ement Group A-2 $4,345 - $5,647 A Assistant Corporation Counsel II B Assistant Finance Director A Assistant Public Works Director B City Traffic Engineer A Deputy Fire Chief A Deputy Police Chief B M.I.S. Supervisor B Parks Superintendent B Purchasing Agent B Superintendent of Recreation A Water System Superintendent Benefit Range Group Position I II III IV V 50 B Budget/PI Officer 419.3 4373 4563 4760 4965 Police Lieutenant Principal Planner 49 C5 Fire Captain 4125 4303 4491 4682 4885 48 B Water Operations Eng. 4.021 4193 4373 4563 4760 Water Plant Supt. 47 B Civil Engineer II 3937 4105 4282 4469 4660 Deputy Human Res. Dir. C Police Sergeant 3956 4125 4303 4491 4682 46 B City Clerk 3854 4021 4193 4373 4563 B New Construction Division Manager B Property Maintenance Division Manager 45 B Communication Director 3772 3937 4105 4282 4469 B Code Compliance Eng. Director of Training - Police Street Superintendent C1 Sup. of Training - Fire 3790 4032 4125 4303 449.1 43 B 'Ass't. Corp. Counsel I 3616 3772 3937 4105 4282 Build. Maint. Supt. Garage Supervisor Golf Course Supt. Sewer & Water Supt. Accounting Supervisor 42 C Public Health Officer 3559 3712 3874 4041 4214 C Systems Engineer 41 C Administrative Ass't. 3484 3634 3793 3956 4125 Chief Water Plant Oper. Civil Engineer I Planner 40 C Auditorium Oper. Man. 3410 3559 3712 3874 4041 Chief Water Lab. Chem. Analyst/Programmer 39 C Ass't..Sewer 3339 3484 3634 3790 3956 Water Supt. 820 821 DECEMBER 14, 1994 d. VOLUME LIX Benefit Range Group Position I II III IV V C Ass't. Street Supt. 36 C Assistant Building 3135 3270 3410 3559 3712 Maint.. Supt. C Cemetery Supervisor C Historic Preserva- tion Specialist C Parks Maintenance Supervisor C Parks Development Coordinator C Water Meter Supervisor 35 C Legal Secretary/Paralegal 3069 3201 3339 3484 3634 C Associate Planner C Program Coordinator 34 C7 Commun. Shift Sup. 3003 3135 3270 3410 3559 C Communication Specialist C Fair Employment Administrator C1 Parking Meter Sup. C Program Analyst 31 C Recreation Supervisor 2821 2942 3069 3201 3339 C Sr. Water Maint. Mech. C Stage Manager C Water Lab. Chemist 30 C Victim Assist. Coord. 2775 2887 3003 3135 3270 w, 26 C Crime Analyst 2549 2659 2.775 2887 3003 Program Supervisor 25 C Administrative 2356 2473 2597 2726 2865 Coordinator -Police Community Ser. Coord. Property Custodian Confidential Positions 28 C6 Executive Secretary 2658 2775 2887 3003 3135 26 C6 Deputy City Clerk 2549 2658 2775 2887 3003 Legal Secretary 17 C6 Administrative Secretary 2106 2195 2291 2389 2496 12 C6 Hispanic Outreach: Worker 1917 1991 2066 2163 2262 Secretary 9 C6 Clerk Typist/Personnel 1817 1895 1978 2062 2151 C6 Receptionist/Personnel Section 2. That the following benefit program is hereby established: Group�A 1) Vacation - 1 to 9 years of service - 3 weeks 10 years to 21 years of service - 4 weeks over 22 years of service - 5 weeks. VOLUME LIX DECEMBER 14, 1994 822 2) Sick Leave - Sixty (60) days placed on account when commencing employment, plus annual accrual. 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from. employment according to one of the available coverage continuation options. Such medical insurance shall provide maximum benefits in the amount of $500,000 with deductibles -of $200 for each employee and $600 for family coverage. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam - $50 annual reimbursement for physical or health maintenance examination. 6) Holidays - Six (6) holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and five (5) additional holidays which shall be designated administratively by the City Manager. Police management personnel assigned as holiday duty officer will receive compensation at straight time for actual hours worked or equivalent time off in lieu of pay. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight time basis. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of the five (5) undesignated holidays shall also be received by fire shift personnel. 7) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Police management will receive time off for hours worked as weekend duty officer with a minimum of two hours. Group B 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 10 years of service - 3 weeks 11 to 21 years of service _ 4 weeks over 22 years of service ­5 weeks 2) Sick Leave - Thirty (3.0) days placed on account upon commencement of employment plus annual accrual. 823 DECEMBER 14, 1994 VOLUME LIX 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to .one of the available coverage continuation options. Such medical insurance shall provide maximum benefits in the amount of $500,000 with deductibles of $200 for each employee and $600 for family coverage. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) $50 annual reimbursement for annual physical or health maintenance examination. 6) Holidays - Six (6) holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and five (5) additional holidays which shall be designated administratively by the City Manager. Police shift personnel will receive additional pay for hours actually worked on holidays at a straight time basis and an additional personal day for each holiday which falls on a regularly scheduled day .off or eight (8) hours pay if they select. 7) Uniform Allowances = $50 uniform allowance differential for Police management above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Police management personnel shall receive compensation for serving as duty officer or court appearance on days off at straight time for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Time off in lieu of pay shall be permitted by the Chief of Police or a Deputy Chief of Police. Group C 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service _ 3 weeks 12 to 21 years of service - 4 weeks over 22 years of service - 5 weeks 2) Sick Leave - Fifteen (15) days placed on account upon commencement of employment plus annual accrual. 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage continuation options. Such medical VOLUME LIX DECEMBER 14, 1994- 824 insurance shall provide maximum benefits in the amount of $500,000 with deductibles of $200 for each employee and $600 for family coverage. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam - $50 annual reimbursement for physical examination. 6) Holidays - Six (6) holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and five (5) additional holidays which shall be designated administratively by the City Manager. Police shift personnel will receive additional pay for hours actually worked on holidays at a straight time basis and an additional personal day for each holiday which falls on a regularly scheduled day off or eight (8) hours pay if they select. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight time basis. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of the five (5) undesignated holidays shall also be received by fire shift personnel. 7) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Police management personnel shall receive compensation for court appearance on days off at straight time for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Time off in lieu of pay shall be permitted by the Chief of Police or a Deputy Chief of Police. 9) Fire management personnel shall receive compensation at straight time for overtime hours worked. Police Management Sick Leave Benefits Notwithstanding the above for the offices of Police Chief, Deputy Police Chief, Police Lieutenant and Police Sergeant, the following sick leave benefits are established: 1) Said employees shall receive full pay for the first six (6) sick leave occurrences in a payroll year. 825 DECEMBER 14, 1994 VOLUME LIX 2) Said employees shall not be paid for the first (1st) day of a seventh (7th), or any other subsequent sick leave occurrences in.a payroll year. 3) For the purpose of definition, only situations of sick leave used for bereavement or on-the-job. injuries shall not be charged as an occurrence. 4) Said employees shall have established a $180.00 sick leave occurrence bank each payroll year. For each occurrence during the payroll year, $30.00 shall be deducted from the employee's individual bank. 5) Employees on the payroll at the end of each payroll year shall receive a voucher payment equal to the balance remaining in their individual occurrence bank. Section 3. 401(a) Plan for Groups A, B, and C - Effective January 1, 1992 the City's deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non -contract (Management Group) employees and shall contribute 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program. Section 4. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect as of December 25, 1994. sl George VanDeVoorde George VanDeVoorde,� Mayor Presented: December 14, 1.994 Passed: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: Attest:. sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-325 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schack, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX DECEMBER 14, 1994 826 Resolution No. 94-325 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Clay Pearson be and is hereby reappointed as a member of the Elgin Area Convention and Visitors Bureau for a term to expire December 31, 1996. BE IT FURTHER RESOLVED that Marie Yearman be and is hereby reappointed as a member of the Elgin Area Convention and Visitors Bureau for a term to expire December 31, 1996. BE IT FURTHER RESOLVED that Betty Brown be and is hereby appointed as a member of the Elgin Image Advisory Commission to fulfill the unexpired term of Kevin Kelly, for a term to expire May 1, 1996. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Adopted: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-326 ADOPTED AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT FOR EXCLUSIVE AGENCY AGREEMENT F 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. 94-326 RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT FOR EXCLUSIVE AGENCY AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Extension Agreement for Exclusive Agency Agreement on behalf of the City of Elgin with Colliers, Bennett and Kahnweiler, Inc. 827 DECEMBER 14, 1.994 VOLUME LIX for the sale of land within the Fox Bluff Corporate Center, a copy of which is attached hereto and made a part hereof by reference. _s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Adopted: December 14,,1994 Omnibus Vote: Yeas 7 Nays .0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G78-94 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN 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. G78-94 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050P the following: Addison Street.. Addison Street, north side thereof, from Hill Avenue to Gifford Street, between the hours of 8:00 a.m. and 5,00 p.m., on days bearing an odd monthly calendar date. Addison Street. Addison Street, south side thereof, from Gifford Street to, Hill Avenue, between the hours of 8:00 a.m. and 5:00 p.m., on days bearing an even monthly calendar date. Ann Street. Ann Street, north side thereof, from Hill Avenue to Gifford Street, between the VOLUME LIX DECEMBER 14, 1994 828 hours of 8:00 a.m. and 5:00 p.m., on days bearing an odd monthly calendar date. Ann Street. Ann Street, south side thereof, from Gifford Street to Hill Avenue, between the hours of 8:00 a.m. and 5:00 p.m., on days bearing an even monthly calendar date. Franklin Boulevard. Franklin Boulevard, north side thereof, from Hill. Avenue. to Gifford Street, between the hours of 8:00 a.m. and 5:00 p.m., on days bearing an odd monthly calendar date. Franklin Boulevard. Franklin Boulevard, south side thereof, from Gifford Street to Hill Avenue, between the hours of 8:00 a.m. and 5:00 p.m., on days bearing an even monthly calendar date. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: December 15,1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G79-94 PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS 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, a 829 DECEMBER 14, 1994 VOLUME LIX Ordinance No. G79-94 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: Annandale Drive. All vehicles being operated on Annandale Drive must stop at Mission Hills before crossing or entering the same. Borden Drive. All vehicles being operated on Borden Drive must stop at Stonehurst Drive before crossing or entering the same. Commonwealth Avenue. All vehicles being operated on Commonwealth Avenue must stop at Shuler Street before crossing or entering the same. Commonwealth Avenue. All vehicles being operated on Commonwealth Avenue must stop at Van Street`before:crossing or entering the same. Dixon. Avenue, All vehicles being operated on Dixon Avenue must stop at South Liberty Street before crossing or entering the same. DuBois Avenue. All vehicles being operated on DuBois Avenue must stop at Shuler Street before crossing or entering the same. DuBois Avenue. All vehicles being operated on DuBois Avenue must stop at Van Street before crossing or entering the ,same. Elgin Avenue. All vehicles being operated on Elgin Avenue must stop at South Liberty Street before crossing or entering the same. S. Liberty Street. All vehicles being operated on S. Liberty Street must stop at Hammond Avenue before crossing or entering the same. Park Street. All vehicles being operated on Park Street must stop at Hill Avenue before crossing or entering the same. VOLUME LIX DECEMBER 14, 1994 830 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. sl George VanDeVoorde TGeorge VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: December 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 'ION 94-327 ADOPTED ACCEPTING AND PLACING ON FILE THE FIRE PENSION FUND At Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yea.s: Counci-lmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-327 RESOLUTION ACCEPTING AND PLACING ON FILE THE FIRE PENSION FUND ACTUARIAL VALUATION REPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts and places on file the Fire Pension Fund Actuarial Valuation Report as of December 31, 1993 prepared by Actuarial Associates, Ltd. s/ George VanDeVoorde George VanDeVoorde, Mayor 831 DECEMBER 14, 1994 VOLUME LIX Presented: December 14, 1994 Adopted: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-328'ADOPTEIIJ ACCEPTING AND PLACING ON FILE THE POLICE PENSION FUND ACTUARIAL VALUATION REPORT 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. 94-328 RESOLUTION ACCEPTING AND PLACING ON FILE THE POLICE PENSION FUND ACTUARIAL. VALUATION REPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts and places on file the Police Pension Fund Actuarial Valuation Report as of December 31, 1993 prepared by Actuarial Associates, Ltd. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: December 14, 1994 r..W .�da.pted� December 14, 1994 .,Omnibus Vote: Yeas 7 Nays 0 Attest.: sl Dolonna Mecum Dolonna Mecum, -City Clerk RESOLUTION 94-330 APPROVINGFINANCING OF MAINFRAME COMPUTER EQUIPMENT ICC 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. 832 ME LIX DECEMBER 14, 1994 Resolution No•'94-330 RESOLUTION WITH p' .AN AGREHMENT EXECUTION MACHINES CORPORATION AUTHORIZING USINESS OF ELGN, INTERNATIONAL B THE CITY hereby THE CITY COUNCIL OF be and is h BY City Manager behalf of the BE IT RESOLVED Helwigr an agreement on oration that Richard Bo execute Corp LINOIS, directed gusines Machines attached thorized and dwirith international sines °f why ty of El(in of computer sYf b)m reference* it financing a art hereof by ;reto and made P VanDeVOO de s/ Geor e Mayor George VanDeVoorde, 1994 presented: December 141994 ted; December 14, 0 %dop Vote; Yeas 7 Nays Dmnibus Attest: sf Dolonna Mecum Clerk Dolonna Mecum, City PLACED 4N FILE ND ORDERED to ES RECEIVED �' J FOXr REPORTS/M. UT seconded by Councilman otion; on file. s yeas made a m and minutes Walter, Yearman� Councilman Gilliam orts le► Schock, following G'pliam, PoPP place the s Fox, Nays: None' �l994 Councilmemb aaDeVooxde• ort.for NOvembeF and Mayor t Rep 1994, SPecial Administration permi Code Adminis October 19, ion Minutes for meeting i�`+ 1994 Department of Commis 1994, Liquor control nd November 2' ission Minutes for 1994 Meeting police Comm for November 16, Board of Fire and Minutes 1994 Committee of the Whole for November 1 Minutes Report City councilminutes Disbursement November l99 UNGENiENTS announcement re Mayor VanDeVo garding forthcoming �Oorde-made - meetings. 14, 1994 VOLL Councilw I Oman p to adjourn the OPPactz'-�,-, ;meetle inmg. seconds b The li�eetirjg d y Councilman 'djO4,rr'ed at LO F-I cj't januarl", 11, 1995 Date Approve(I