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HomeMy WebLinkAbout94-4 VOLUME LIX APRIL 13, 1994 152 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 April 13, 1994 in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:12 p.m. The Invocation was given by Reverend Harold Ross, and the Pledge of Allegiance was led by Councilwoman Yearman. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. Mayor VanDeVoorde welcomed Elgin's new City Manager, Richard B. Helwig. MINUTES OF THE MARCH 23, 1994 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilman Schock, to approve the March 23, 1994 minutes. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 11 Proclamation for National Telecommunicator Week to Recognize the City's Emergency Communications Telecommunicators Police Chief Gruber, on behalf of the police and fire departments, read the aforementioned proclamation and presented it to Renee Merrill, Communications Shift Supervisor, on behalf of the all the City's Telecommunicators. 12 Proclamation Declaring April as Elgin Boys and Girls Club Month Parks Recreation Superintendent Bates read the aforementioned proclamation, which was presented to Executive Director Larry Sowell on behalf of the Elgin Boys and Girls Club Board of Directors, staff, and members. The Elgin Boys and Girls Club held the opening ceremony on November 9, 1993. 13 Letter from Mr. and Mrs. Chet Campbell Regarding Trails and Treasures Councilman Fox made a motion, seconded by Councilwoman Popple, to include Mr. and Mrs. Chet Campbell's March 4, 1994, letter in these minutes. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 14 Bid 94-032 Awarded for Purchase of New Ambulance Councilman Fox made a motion, seconded by Councilman Walters, to award the contract for the purchase of a new 1994 Ford Marque Type III Model 1640 ambulance to the overall low responsive bidder, Marque, Inc., for a total net price of $62,854.15. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 15 Bid 94-020 Awarded for Purchase of P. C. Concrete Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to award this contract to the sole bidder, Elgin Brady Ready-Mix Co., at the unit price of $54.50/cubic yard for an estimated quantity of 150 cubic yards. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 16 Bid Awarded for Fourth of July Fireworks Display Councilman Gilliam made a motion, seconded by Councilman Schock, to award the contract for this year's Fourth of July fireworks display to Nova Display Fireworks Company for a total of $20,000. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 17 Bid 94-034 Awarded for Wing Park Restroom and Storage Facility Construction Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this contract to the overall, low bidder, Sinnett Builders, Inc., for a total amount of $110,780. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 18 Bid 94-039 Awarded for the Purchase of Police and Fire Radios Councilwoman Popple made a motion, seconded by Councilman Walters, to award separate contracts to the following individual low bidders. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Items Awarded To Amount 1 - 3 The Radio Direct Group, Inc. $7,780 1A & 1B Chicago Communications 408 19 Bid 94-038 Awarded for Purchase of Valley Fox Trot T-Shirts Councilman Gilliam made a motion, seconded by Councilman Walters, to award this contract to the overall, low bidder, Belly Acre Designs, for a total cost of $5,245.50. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 110 Motion CARRIED to Approve Senior Provider Network Parade and Festival Councilman Fox made a motion, seconded by Councilman Walters, to approve the aforementioned parade and festival. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 111 Motion CARRIED to Approve Clean Up and Restore Elgin - River Clean Up Councilman Walters made a motion, seconded by Councilman Schock, to approve the aforementioned river clean up. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 112 Resolution 94-68 Adopted Authorizing Execution of a Business Credit Card Agreement and Application Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-68 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS CREDIT CARD AGREEMENT AND APPLICATION WHEREAS, there has been presented to this meeting of the City Council of the City of Elgin a form of Business Credit Card Agreement and Application by and between the City of Elgin and NBD Bank (herein called "Bank") among other things, for the issuance of MasterCard or VISA credit cards by Bank to the City of Elgin for use by persons designated by the City of Elgin and for payment by the City of Elgin of all credit extended on the basis of such credit cards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Application and Agreement be and are approved in all respects and that the City of Elgin agrees to the terms and conditions stated therein. BE IT FURTHER RESOLVED that the officer who completes, executes and delivers the Application and Agreement, including any amendments thereto, and any other documents or instruments deemed necessary by the Bank in connection with the issuance or use of such credit cards, has been duly authorized and empowered to so act and the City of Elgin shall hold Bank harmless and indemnify Bank from any and all losses, claims, costs, etc. that may arise after reliance on said documents. BE IT FURTHER RESOLVED that the above mentioned officers of the City of Elgin be, and each of them are, hereby authorized on behalf of the City of Elgin, at any time, and from time to time hereafter, and without further action by the City Council of the City of Elgin, to designate to Bank such persons as shall now or in the future be authorized to use such credit cards under said Application and Agreement. BE IT FURTHER RESOLVED that Bank be and hereby is authorized to rely on the continuing effect of these resolutions until receipt by Bank of notice in writing from the City of Elgin of any amendments, revocations or alterations thereto. Said amendments, revocations or alterations shall be effective 30 days after receipt. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 113 Resolution 94-69 Adopted Approving a Final Plat of Subdivision for Cobbler's Crossing Retail Subdivision, located at 1020-1050 Summit Street (Petition 66-93) Councilman Walters 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. 94-69 RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING RETAIL SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Edward J. Molloy & Associates, Ltd. dated December 8, 1993 for Cobbler's Crossing Retail Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 114 Resolution 94-66 Adopted Determining that Certain Real Estate Located at 1019 East Chicago Street is Appropriate for Class 6B Cook County Real Property Assessment Classification Councilman Walters made a motion, seconded by Councilwoman Yearman, to remove consideration of the aforementioned resolution from the table. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Walters made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-66 RESOLUTION DETERMINING THAT CERTAIN REAL ESTATE LOCATED AT 1019 EAST CHICAGO STREET IS APPROPRIATE FOR CLASS 6B COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION WHEREAS, Jerry Matlock has entered into a contract for the purchase of certain real estate located within the City of Elgin and, upon acquisition, intends to seek Class 6b Cook County Real Property Assessment Classification; and WHEREAS, the property to be acquired is improved with a building which has been vacant for two or more years and will be used for manufacturing purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby finds and determines that the real property located at 1019 East Chicago Street, Elgin, Cook County, Illinois, assigned Permanent Index Numbers 06-18- 401-025,016,019,020 is appropriate for classification 6b under the Cook County Real Property Assessment Classification Ordinance. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to furnish the Office of the Cook County Assessor with a certified copy of this resolution. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Fox made a motion, seconded by Councilwoman Popple, to authorize the following payments. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. INSERT LIST Fowler Tree Surgery Elgin, IL $10,371.00 Removal of 13 undesirable trees at various locations, and emergency and follow-up trimming services for trees damaged as a result of January ice storm D.H Martin Petroleum Elgin, IL $ 9,210.24 Purchase of gasoline for Ann Street Garage BGS & Associates Mount Prospect, IL $ 7,662.60 Removal of contaminated soil on South Grove Ave. Badger Meter Mfg. Co. Milwaukee, WI $30,852.50 Purchase of 250 residential meters in conjunction with water meter replacement and AMR system program Thomas Pump Co. Aurora, IL $ 6,002.00 Replacement of Riverside Water Treatment Plant's lime residue transfer pump Wessene Zewede 205 Mosley Street Elgin, IL $ 5,192.73 Repairs made to property in conjunction with the Residential Rebate Program Old Kent Bank Elgin, IL $ 8,848.00 March 1994 payment of principal and interest due on $1,050,000 loan obtained by Center City Development Corporation Commonwealth Edison Chicago, IL $ 6,692.54 Installation of electrical facilities necessary to provide power in the Fox Bluff Corporate Center INSERT LIST Fowler Tree Surgery Elgin, IL $10,371.00 Removal of 13 undesirable trees at various locations, and emergency and follow-up trimming services for trees damaged as a result of January ice storm D.H Martin Petroleum Elgin, IL $ 9,210.24 Purchase of gasoline for Ann Street Garage BGS & Associates Mount Prospect, IL $ 7,662.60 Removal of contaminated soil on South Grove Ave. Badger Meter Mfg. Co. Milwaukee, WI $30,852.50 Purchase of 250 residential meters in conjunction with water meter replacement and AMR system program Thomas Pump Co. Aurora, IL $ 6,002.00 Replacement of Riverside Water Treatment Plant's lime residue transfer pump Wessene Zewede 205 Mosley Street Elgin, IL $ 5,192.73 Repairs made to property in conjunction with the Residential Rebate Program Old Kent Bank Elgin, IL $ 8,848.00 March 1994 payment of principal and interest due on $1,050,000 loan obtained by Center City Development Corporation Commonwealth Edison Chicago, IL $ 6,692.54 Installation of electrical facilities necessary to provide power in the Fox Bluff Corporate Center 11 Consent Agenda Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt Resolution Nos. 94-70 through 94-91 by omnibus vote. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 12 Resolution 94-70 Adopted Authorizing Execution of an Agreement with the Illinois Department of Transportation for the Adopt-A- Highway Program Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the adopt-a-highway program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 13 Resolution 94-71 Adopted Authorizing Execution of an Agreement with the Elgin Breakfast Rotary Club for the Adopt-A-Highway Program Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN BREAKFAST ROTARY CLUB BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Breakfast Rotary Club for the adopt-a-highway program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 14 Resolution 94-72 Adopted Authorizing Execution of a Purchase of Service Agreement with Larsen Middle School Associates for Youth in Action for After School Programs Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-72 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH LARSEN MIDDLE SCHOOL ASSOCIATES FOR YOUTH IN ACTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a purchase of service agreement on behalf of the City of Elgin with Larsen Middle School Associates for Youth in Action for after school programs for Larsen Middle School students, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 15 Resolution 94-73 Adopted Appointing Members to Various Boards and Commissions Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-73 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that William Lauderdale be and is hereby appointed as a member of the Electrical Committee for a term to expire May 1, 1997. BE IT FURTHER RESOLVED that Patrick M. Grill be and is hereby appointed as a member of the Zoning and Subdivision Hearing Board to fulfill the unexpired term of Joan Rich, for a term to expire July 1, 1995. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 16 Resolution 94-74 Adopted Approving Change Order No. 2 in the Contract with Abbott Contractors, Inc. for the North Randall Interceptor Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-74 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH ABBOTT CONTRACTORS, INC. FOR THE NORTH RANDALL INTERCEPTOR WHEREAS, the City of Elgin has heretofore entered into a contract with Abbott Contractors, Inc. for the North Randall Interceptor; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 17 Resolution 94-75 Adopted Approving Change Order No. 6 in the Contract with Szabo Contracting for the Big Timber/Tyler Creek Interceptor Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-75 RESOLUTION APPROVING CHANGE ORDER NO. 6 IN THE CONTRACT WITH SZABO CONTRACTING FOR THE BIG TIMBER/TYLER CREEK INTERCEPTOR WHEREAS, the City of Elgin has heretofore entered into a contract with Szabo Contracting for the Big Timber/Tyler Creek Interceptor; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 6, 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. 6, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 18 Resolution 94-76 Adopted Approving Change Order No. 1 in the Contract with Environmental Science and Engineering, Inc. for the Police Facility Site Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-76 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ENVIRONMENTAL SCIENCE AND ENGINEERING, INC. FOR THE POLICE FACILITY SITE WHEREAS, the City of Elgin has heretofore entered into a contract with Environmental Science and Engineering, Inc. for assessment activities and remediation design for 152 North Spring Street, the police facility site; 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: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 19 Resolution 94-77 Adopted Authorizing Execution of a Project Agreement with the State of Illinois for an Open Space Lands Acquisition and Development Grant Program for the Elgin Sports Complex Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-77 RESOLUTION AUTHORIZING EXECUTION OF A PROJECT AGREEMENT WITH THE STATE OF ILLINOIS 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 Project Agreement on behalf of the City of Elgin with the State of Illinois for an open space lands acquisition and development grant program for the Elgin Sports Complex, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 110 Resolution 94-78 Adopted Accepting a Plat of Easement for Water Main Purposes for Safety Kleen Corporation, Randall Road Campus Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-78 RESOLUTION ACCEPTING A PLAT OF EASEMENT FOR WATER MAIN PURPOSES (Safety Kleen Corporation) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a Plat of Easement for water main purposes for Safety Kleen Corporation, Randall Road Campus, for the property legally described as follows: A 15.00 foot wide City of Elgin water main easement in part of the North Half of Sections 8 and 9 Township 41 North, Range 8 East of the Third Principal Meridian, the center line of said easement, described as follows: Commencing at the Northeast Corner of Highland Glen Subdivision Unit No. 2, being a subdivision of part of the Northeast Quarter of Section 8, Township and Range aforesaid; thence South 00 degrees 02 minutes 50 seconds West, along the East Line of said subdivision, a distance of 279.73 feet for the point of beginning of said center line; thence South 89 degrees 28 minutes 23 seconds east, along said center line, a distance of 36.99 feet; thence north 45 degrees 31 minutes 34 seconds east, along said center line, a distance of 222.28 feet; thence south 66 degrees 58 minutes 26 seconds east, along said center line, a distance of 292.80 feet; thence North 45 degrees 31 minutes 35 seconds east, along said center line, a distance of 168.84 feet; thence south 60 degrees 19 minutes 50 seconds east, along said center line, a distance of 366.06 feet; thence south 62 degrees 12 minutes 09 seconds east, along said center line, a distance of 400.57 feet; thence southeasterly, along said center line, being along a curve to the left having a radius of 203.00 feet, tangent to the last described course, an arc distance of 53.74 feet; thence Southeasterly, along said center line, being along a curve to the right having a radius of 97.00 feet, tangent to the last described curve, an arc distance of 59.83 feet; thence Southeasterly, along said center line, being along a curve to the left having a radius of 203.00 feet, tangent to the last described curve, an arc distance of 71.70 feet; thence south 62 degrees 16 minutes 08 seconds east, along said center line, tangent to the last described curve, a distance of 4.77 feet; thence Southeasterly, along said center line, being along a curve to the left having a radius of 203.00 feet, tangent to the last described course, an arc distance of 51.11 feet; thence South 76 degrees 41 minutes 41 seconds East, along said center line, tangent to the last described curve, a distance of 101.48 feet; thence Southeasterly, along said center line, being along a curve to the right having a radius of 197.00 feet, tangent to the last described course, an arc distance of 19.99 feet; thence south 70 degrees 52 minutes 50 seconds East, along said center line, tangent to the last described curve, a distance of 376.85 feet; thence Easterly, along said center line, being along a curve to the left having a radius of 303.00 feet, tangent to the last described course, an arc distance of 181.63 feet; thence Northeasterly along said center line, being a curve to the right having a radius of 247.00 feet, tangent to the last described curve, an arc distance of 91.41 feet; thence South 84 degrees 01 minute 23 seconds East, along said center line, tangent to the last described curve, a distance of 30.94 feet to a point on the Westerly right of way line of Randall Road that is 60.65 feet, as measured along said right of way line, northerly of the Southerly line of Fletcher Drive according to Oak Creek Subdivision, being a subdivision of part of Sections 8 and 9, Township and Range aforesaid, for the terminus of said center line, being situated in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: April 14, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 111 Resolution 94-79 Adopted Approving Final Plat for Cobbler's Crossing Unit 13B for Property at 1370 Toastmaster Drive (Petition 19-93) Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-79 RESOLUTION APPROVING FINAL PLAT FOR COBBLER'S CROSSING UNIT 13B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat of subdivision prepared by Edward J. Molloy & Associates, Ltd., dated January 28, 1994, revised February 28, 1994, for Cobbler's Crossing Unit 13B for property located west of Toastmaster Drive. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 112 Resolution 94-80 Adopted Authorizing Execution of a Grant Agreement with the Elgin Children's Chorus Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-80 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ELGIN CHILDREN'S CHORUS 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 Grant Agreement on behalf of the City of Elgin with the Elgin Children's Chorus for a $650.00 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 113 Resolution 94-82 Adopted Authorizing Execution of a Grant Agreement with the Elgin Choral Union Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-82 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ELGIN CHORAL UNION 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 Grant Agreement on behalf of the City of Elgin with the Elgin Choral Union for a $700.00 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 114 Resolution 94-81 Adopted Authorizing Execution of a Grant Agreement with Children's Theatre of Elgin Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-81 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE CHILDREN'S THEATRE OF ELGIN 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 Grant Agreement on behalf of the City of Elgin with the Children's Theatre of Elgin for a $1,500.00 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 115 Resolution 94-83 Adopted Authorizing Execution of a Grant Agreement with the Hispanic Fine Arts Council Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-83 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE HISPANIC FINE ARTS COUNCIL 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 Grant Agreement on behalf of the City of Elgin with the Hispanic Fine Arts Council for a $1,000.00 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 116 Resolution 94-84 Adopted Authorizing Execution of a Grant Agreement with the Elgin Puerto Rican Parade Committee Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-84 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ELGIN PUERTO RICAN PARADE COMMITTEE 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 Grant Agreement on behalf of the City of Elgin with the Elgin Puerto Rican Parade Committee for a $900.00 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 117 Resolution 94-85 Adopted Authorizing Execution of a Grant Agreement with Unity Arts Centre Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-85 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH UNITY ARTS CENTRE 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 Grant Agreement on behalf of the City of Elgin with Unity Arts Centre for a $2,000.00 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 118 Resolution 94-86 Adopted Accepting for Maintenance the Surface Improvements in Country Brook North Subdivision Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-86 RESOLUTION ACCEPTING FOR MAINTENANCE THE SURFACE IMPROVEMENTS IN COUNTRY BROOK NORTH 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 pavements, curb and gutter, sidewalks, lights and trees in Country Brook North Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 119 Resolution 94-87 Adopted Authorizing Execution of an Agreement for Police Services with Elgin Community College Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-87 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES WITH ELGIN COMMUNITY COLLEGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Agreement for Police Services on behalf of the City of Elgin with Elgin Community College for law enforcement services at the Elgin Community College facilities, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 120 Resolution 94-90 Adopted Authorizing Execution of a Grant of Easement with Jay L. Cope for Construction and Maintenance of Sewer Line (Big Timber Road) Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-90 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE (Big Timber Road) 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 accept a Grant of Easement on behalf of the City of Elgin with Jay L. Cope for the construction and maintenance of a sewer line for the property legally described as follows: PERMANENT EASEMENT A 40.00 foot wide City of Elgin easement in part of the Southeast quarter of fractional Section 4, Township 41 North, Range 8 East of the third principal meridian, described as follows: Commencing at the intersection of the center line of North McLean Boulevard with the Northerly right of way line of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific Railroad Company); thence North 89 degrees, 46 minutes, 09 seconds West, along said Northerly right of way line, a distance of 1,319.66 feet; thence Westerly, along said Northerly right of way line, being along a curve to the right having a radius of 5,679.58 feet, tangent to the last described course, an arc distance of 126.29 feet to the center line of original Big Timber Road; thence North 57 degrees, 40 minutes, 00 seconds West, along said center line, a distance of 431.39 feet to the West line of the property conveyed to Kane County, Illinois per Document No. 91K66848; thence North 00 degrees, 40 minutes, 17 seconds West, along said West line, a distance of 65.58 feet to the Northeasterly line of the Sanitary District of Elgin (now known as the Fox River Water Reclamation District) easement per Document No. 1590210 for the point of beginning; thence North 57 degrees, 40 minutes, 00 seconds West, along said Northeasterly line, a distance of 108.87 feet to the Easterly line of Todd Farm Drive per Document No. 91K64346; thence Northerly, along said Easterly line of Todd Farm Drive, being along a curve to the right having a radius of 35.00 feet and a chord bearing of North 14 degrees, 57 minutes, 25 seconds East, an arc distance of 21.35 feet; thence North 32 degrees, 25 minutes, 50 seconds East, along said Easterly line of Todd Farm Drive, tangent to the last described curve, a distance of 19.94 feet to a line that is 40.00 feet, as measured at right angles, Northeasterly of and parallel with the said Northeasterly line of the Sanitary District of Elgin easement; thence South 57 degrees, 40 minutes, 00 seconds East, along said parallel line, a distance of 89.14 feet to the said West line of property conveyed to Kane County, Illinois per Document No. 91K66848; thence South 00 degrees, 40 minutes, 17 seconds East, along aforesaid West line, a distance of 47.70 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0.09 acre more or less. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: April 14, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 121 Resolution 94-88 Adopted Authorizing Execution of a Grant of Easement with Harry and Mark Seigle for Construction and Maintenance of Sewer Line (Big Timber Road) Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-88 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE (Big Timber Road) 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 accept a Grant of Easement on behalf of the City of Elgin with Mark S. Seigle and Harry J. Seigle for the construction and maintenance of a sewer line for the property legally described as follows: PERMANENT EASEMENT A City of Elgin easement in part of the Southwest quarter of fractional Section 3, Township 41 North, Range 8 East of the third principal meridian, described as follows; commencing at the intersection of the center line of North McLean Boulevard with the Northerly right-of-way line of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific Railroad Company); thence North 89 degrees 46 minutes 09 seconds West, along said Northerly right-of-way line, a distance of 1,042.76 feet to the Southerly extension of an East line of the North-ern Illinois Gas Company property; thence North 00 degrees 40 minutes 17 seconds West, along said Southerly extension and along said East line, a distance of 93.06 feet to the Northwest corner of the Sanitary District of Elgin (now known as Fox River Water Reclamation District) easement per Document No. 1574874 for the point of beginning; thence South 89 degrees 46 minutes 00 seconds East, along the North line of said Sanitary District easement, a distance of 249.55 feet to a line that is 10.00 feet; as measured radially, Northwesterly of and parallel with the center line of a spur track; thence Northeasterly, along said parallel line, being along a curve to the left having a radius of 468.34 feet and a chord bearing of North 46 degrees 30 minutes 54 seconds East, an arc distance of 14.39 feet; thence North 34 degrees 54 minutes 41 seconds West, a distance of 24.53 feet to a line that is 30.00 feet, as measured perpendicular, North of and parallel with the aforesaid North line of Sanitary District easement; thence North 89 degrees 46 minutes 00 seconds West, along said parallel line, a distance of 246.30 feet to the aforesaid East line of the Northern Illinois Gas Company property; thence South 00 degrees 40 minutes 17 seconds East, along said East line, a distance of 30.00 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 7,612.76 square feet more or less. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: April 14, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 122 Resolution 94-89 Adopted Authorizing Execution of a Grant of Easement with Elgin Lumber & Supply for Construction and Maintenance of Sewer Line (Big Timber Road) Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-89 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE (Big Timber Road) 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 accept a Grant of Easement on behalf of the City of Elgin with Elgin Lumber and Supply Company, Inc., now known as Seigle's Home and Building Centers, Inc., for the construction and maintenance of a sewer line for the property legally described as follows: PERMANENT EASEMENT A City of Elgin easement in part of the Southwest quarter of fractional Section 3, Township 41 North, Range 8 East of the third principal meridian, described as follows; commencing at the intersection of the center line of North McLean Boulevard with the Northerly right-of-way line of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific Railroad Company); thence North 89 degrees 46 minutes 09 seconds West, along said Northerly right-of-way line, a distance of 1,042.76 feet to the Southerly extension of an East line of the Northern Illinois Gas Company property; thence North 00 degrees 40 minutes 17 seconds West, along said Southerly extension and along said East line, a distance of 93.06 feet to the Northwest corner of the Sanitary District of Elgin (now known as Fox River Water Reclamation District) easement per Document No. 1574874; thence South 89 degrees 46 minutes 00 seconds East, along the North line of said Sanitary District easement, a distance of 249.55 feet for the point of beginning; thence continuing South 89 degrees 46 minutes 00 seconds East, along said North line, a distance of 17.40 feet; thence North 34 degrees 54 minutes 41 seconds West, a distance of 12.16 feet to a line that is 10.00 feet, as measured radially, Northwesterly of and parallel with the center line of a spur track; thence Southwesterly, along said parallel line, being along a curve to the right having a radius of 468.34 feet, an arc distance of 14.39 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 85.95 square feet more or less. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: April 14, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 123 Resolution 94-91 Adopted Authorizing Execution of a Grant Application Under the 1994 S.B.A. Tree Grant Program for the Soccer Complex Councilwoman Popple made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-91 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION UNDER THE SMALL BUSINESS ADMINISTRATION TREE GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to execute a grant application for the 1994 S.B.A. Tree Grant for the Soccer Complex, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 124 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilman Gilliam made a motion, seconded by Councilman Fox, to place the following reports and minutes on file as published. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Water and Sewer Maintenance Accounts Receivable Report for the Month of February 1994 Hemmens Advisory Board Minutes for January 13, 1994 Planning and Development Commission Minutes for February 21, 1994 Parks and Recreation Advisory Board Minutes for February 22, 1994 Image Advisory Commission Minutes for February 28, 1994 Image Advisory Commission Minutes for March 7, 1994 Liquor Control Commission Minutes for March 2, 1994 Committee of the Whole/CDBG Minutes for March 2, 1994 Committee of the Whole Minutes for March 9, 1994 City Council Minutes for March 9, 1994 Disbursement Report for March 1994 125 Announcements Mayor VanDeVoorde made announcements regarding forthcoming meetings including a special Committee of the Whole meeting on April 20, 1994, at 5 p.m. 126 Adjournment 30 APRIL 13, 1994 VOLUME LIX WHEN FIRST PAGE NUMBER IS ODD NUMBER, PAGE NUMBER IS AT LEFT. Center date of meeting 1994 is VOLUME LIX Councilman Schock made a motion, seconded by Councilwoman Popple, to adjourn the meeting and return to the Committee of the Whole meeting. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting adjourned at 8:34 p.m. April 27, 1994 Dolonna Mecum, City Clerk Date Approved VOLUME LIX APRIL 27, 1994 181 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 April 27, 1994, in the Exhibition Hall of the Hemmens Auditorium. The meeting was called to order by Mayor VanDeVoorde at 8:05 p.m. The Invocation was given by Reverend Dan Brosier, and the Pledge of Allegiance was led by Councilman Fox. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman and Mayor VanDeVoorde. Absent: None. MINUTES OF THE APRIL 13, 1994 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilman Walters, to approve the April 13, 1994, Council Minutes. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 11 Recognize Persons Present Herman Meyer of 832 Adams Street addressed the Council regarding the fact that part of Adams Street was paved two years ago and another part of Adams Street is being paved this year. However, there is two-thirds of a block of Adams Street that isn't scheduled for repaving at this time. He requested that this partial block be included for paving now rather than having the street torn up three different times. 12 BID 94-011 AWARDED FOR CDBG Construction Projects Councilwoman Popple made a motion, seconded by Councilman Walters, to award this contract to the overall, low bidder, Reil Construction, Inc., for a total net bid price of $155,968.47. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 13 BID 93-040 AWARDED FOR Contractual Grounds Maintenance Councilman Fox made a motion, seconded by Councilwoman Popple, to award separate contracts to the overall, low bidders for grouping as follows: Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Class Awarded To Amount A, AA, Lee's Landscaping, Inc. $41,170 B, BB C (Item 1) Tovar Landscaping $14,990 14 Public Hearing Regarding Community Development Block Grant Program Planning Director Dahlstrom stated that this was the third and final CDBG public hearing, and he read the list of proposed projects for block grant funding for 1994, which is as follows: Wing Street Playground $ 88,000 Prairie Street Drive Approaches 26,800 HAE Plumbing Repairs-Elderly Housing 85,000 Gifford School Play Equipment 110,200 Planning and Management 100,000 Residential Rehabilitation Program 450,000 Administration 75,000 Huff School Playground Additional Funds 30,000 TOTAL $965,000 Councilman Gilliam stated that he believes the Council is being negligent in not budgeting any of the block grant funds for programs for the Hispanic youth. Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to close the public hearing. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 15 Resolution 94-92 ADOPTED Authorizing Filing of Application for Grant Under the Housing and Community Development Act of 1974 Councilman Walters made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-92 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title 1 of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of general purpose local governments for the purpose of strengthening the ability of said governments and elected officials to determine the community development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the problems of slum and blight, and housing and neighborhood deterioration may be determined. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Nine Hundred and Sixty-Five Thousand Dollars ($965,000). Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 16 Ordinance G18-94 PASSED Providing for a Real Estate Transfer Tax Opponents and proponents of the real estate transfer tax addressed the Council. Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Schock, and Mayor VanDeVoorde. Nays: Councilmembers Popple, Walters and Yearman. Ordinance No. G18-94 AN ORDINANCE PROVIDING FOR A REAL ESTATE TRANSFER TAX BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 4 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding Chapter 4.26 to read as follows: "Chapter 4.26 REAL ESTATE TRANSFER TAX 4.26.010 Definitions. "Beneficial Interest": Any interest, regardless of how small or minimal such interest may be, in a land trust, held by a trustee for the benefit of beneficiaries of such land trust. "Person": Any natural person, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the State of Illinois, domestic or foreign corporation, association, syndicate, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, and the United States or any instrumentality thereof. Whenever the term "person" is used in any clause prescribing and imposing a penalty, the term as applied to associations shall mean the owners or part-owners thereof, and as applied to corporations, the officers thereof. "Recordation": The recording of deeds with the Office of the Recorder of Deeds of Cook or Kane County or the Registration of Deeds with the Registrar of Titles of Cook County, Illinois. "Value": The amount of the full actual consideration for any transfer covered hereunder, including the amount of any mortgage or other lien to which the sale is subject or the amount of any mortgage or other lien assumed by the grantee or purchaser. 4.26.020 Imposition of tax. A tax is imposed on the transfer of title to real estate located in the city as evidenced by the recordation of a deed by any person or by the delivery of any deed or assignment of interest of said real property, whether investing the owner with the beneficial interest in or legal title to said property or merely the possession or use thereof for any purpose or to secure future payment of money or the future transfer of any such real property. The tax imposed shall be three dollars ($3.00) for every one thousand dollars ($1,000.00) value or fraction thereof as stated in the declaration. Exempt transactions under Section 4.26.060 shall be subject to a processing fee of ten dollars ($10.00) per transfer. 4.26.030 Primary liability for tax. The primary liability for payment of said tax shall be borne by the grantor or seller involved in any such transaction; provided, however, it shall be unlawful for the grantee or purchaser to accept a conveyance if the transfer tax has not been paid. If the tax has not been paid and the stamps affixed to the deed, then the grantee's title shall be subject to the lien provided in Section 4.26.110 hereof and the grantee or purchaser shall be liable for payment of the tax. The tax herein levied shall be in addition to any and all other taxes. 4.26.040 Declaration forms. At the time the tax is paid, there shall also be presented to the finance director, on a form prescribed by him, a declaration signed by at least one of the sellers or grantors and also signed by at least one of the purchasers or grantees involved in the transaction, or by their attorneys or agents, or by a licensed real estate salesperson or broker having knowledge of the terms of the transaction, which declaration shall state the full consideration for the property so transferred and shall be deemed a confidential record by the finance director. Where the declaration is signed by an attorney, agent, licensed real estate salesperson or broker, on behalf of sellers or buyers who have the power of direction to deal with the title to the real estate under a land trust agreement, the trustee being the mere repository of record legal title with a duty of conveying the real estate only when and if directed in writing by the beneficiary or beneficiaries having the power of direction, said attorney, licensed real estate salesman, or broker need only identify the land trust which is the repository of record legal title and not the beneficiary or beneficiaries having the power of direction under the land trust agreement. 4.26.050 Deeds. Every deed shall show the date of the transaction which it evidences, the names of the grantor and grantee, and a legal description of the property to which it relates, including permanent index number of the property which is the subject of the transfer. 4.26.060 Exempt transactions. The tax imposed by this chapter shall not apply to the following transactions, provided said transaction in each case is accompanied by a certificate setting forth the facts or such other certificate of record as the finance director may require: A. Transactions involving property acquired by or from any governmental body, or any transaction involving property acquired by and from corporations, societies, associations, foundations or institutions organized and operated exclusively for charitable, religious or educational purposes ("charitable organizations"). The latter transaction is exempt only when one charitable organization conveys property to another charitable organization. B. Transactions in which the deeds secure debt or other obligations. C. Transactions in which the deeds, without additional consideration, confirm, correct, modify or supplement deeds previously recorded. D. Transactions in which the actual consideration is less than one hundred dollars ($100.00). E. Transactions in which the deeds are tax deeds. F. Transactions in which the deeds are releases of property which is security for a debt or other obligation. G. Transactions in which the deeds are pursuant to a court decree. H. Transactions made pursuant to mergers, consolidations, or transfers or sales of substantially all of the assets of a corporation pursuant to plans of reorganization. I. Transactions between subsidiary corporations and their parents for no consideration other than the cancellation or surrender of the subsidiary corporation's stock. J. Transactions wherein there is an actual exchange of real property except that the money difference or money's worth paid from one or the other shall not be exempt from the tax. K. Transactions representing transfers subject to the imposition of a documentary stamp tax imposed by the government of the United States. L. A transfer by lease. M. Transactions of single family residences and condominium units wherein one of the grantors has continuously resided upon the property for the past one year and has evidence of a contract for sale as a purchaser for a residence within the city, such contract having closed within six months of the exempt transaction or to close by contract within six months after the exempt transaction. N. Transactions where a written contract for the sale of property was executed by the seller and the buyer prior to the effective date of this ordinance. 4.26.070 Exemptions. The taxes imposed by this chapter shall not be imposed on or transferred by an executor or administrator to a legatee, heir or distributee where the transfer is being made pursuant to will or by intestacy. The tax provided by this chapter shall further be exempt where the transaction is affected by operation of law or upon delivery or transfer in the following instances: A. From a decedent to his executor or administrator. B. From a minor to his guardian or from a guardian to his ward upon attaining majority. C. From an incompetent to his conservator, or similar legal representative, or from a conservator or similar legal representative to a former incompetent upon removal or disability. D. From a bank, trust company, financial institution, insurance company or other similar entity, or nominee, custodian, or trustee therefor, to a public officer or commission, or person designated by such officer or commission or by a court, in the taking over of its assets, in whole or in part, under State or Federal law regulating or supervising such institutions, nor upon redelivery or retransfer by any such transferee or successor thereto. E. From a bankrupt or person in receivership due to insolvency to the trustee in bankruptcy or receiver, from such receiver to such trustee or from such trustee to such receiver, nor upon redelivery or retransfer by any such transferee or successor thereto. F. From a transferee under subsections A through E, inclusive, to his successor acting in the same capacity, or from one such successor to another. G. From a foreign country or national thereof to the United States or any agency thereof, or to the government of any foreign country directed pursuant to the authority vested in the President of the United States by Section 5(b) of the Trading with the Enemy Act (40 Stat. 415), as amended, by the First War Powers Act (55 Stat. 839). H. From trustees to surviving, substitute, succeeding or additional trustees of the same trust. I. Upon the death of a joint tenant or tenant by the entirety to the survivor or survivors. 4.26.080 Revenue stamps required. The tax herein levied and imposed shall be collected by the finance director for the city through the sale of revenue stamps, which shall be caused to be prepared by said finance director in such quantities as said finance director may from time to time prescribe. Such revenue stamps shall be in the denomination of $1.00, $5.00, $10.00, $25.00, $50.00, $100.00, $200.00, $300.00 and $500.00, and shall be in the following design: Real Estate Transfer Tax Elgin $0000 Such revenue stamps shall be available for sale at and during the regular business hours of the city offices or at other locations designated by the finance director. Upon payment of the tax herein levied and imposed, the revenue stamps so purchased shall be affixed to the deed or other instrument of conveyance. Any person so using and affixing a revenue stamp or stamps shall cancel it and so deface it as to render it unfit for reuse by marking it with his initials and the say, month and year when the affixing occurs. Such markings shall be made by writing or stamping in indelible ink or by perforating with a machine or punch. However, the revenue stamp(s) shall not be so defaced as to prevent ready determination of its denomination and genuineness. The finance director may refuse to issue revenue stamps, although payment of the tax is offered, if any of the following conditions exist: A. Outstanding sum of money due the city from the property or property owners; B. Failure to register multiple family rental property subject to the city's rental registration ordinance. C. Any other violation of the Elgin Municipal Code. D. Failure to have had a final read of the water meter or failure to have made final payment on any water or sewer bill. For the purpose of reviewing such request for stamps, the city shall process a request within three working days. 4.26.090 Real estate transfer declaration--Filing. A signed copy of the real estate transfer declaration filed pursuant to Section 3 of the Real Estate Transfer Act of the State shall be filed with the finance director of the city by the grantee of any deed or assignee of beneficial interest within ten (10) days after delivery of the deed or assignment of beneficial interest, or at the time of payment of the tax herein levied or imposed, whichever first occurs. 4.26.100 Transfers in trust. No trustee of real estate shall accept an assignment of beneficial interest in real estate located in the city without first obtaining a real estate transfer declaration from the assignor and assignee and unless revenue stamps in the required amount, as set forth in this article have been affixed to the assignment. 4.26.110 Lien created--Enforcement. In the event a deed is filed for recordation or there is an assignment of beneficial interest conveying real estate within the corporate limits of the city without the revenue stamps provided by this section a lien is declared against said real estate conveyed in the amount of the tax. The fact that the deed or assignment does not contain an Elgin revenue stamp in an amount equal to five (5) times the amount of county and state transfer taxes shall constitute constructive notice of lien. The lien may be enforced by proceedings to foreclose, as in cases of mortgages or mechanics' liens. Suit to foreclose this lien must be commenced within three (3) years after the date of recording the deed. Nothing herein shall be construed as preventing the city from bringing a civil action to collect the tax imposed by this section from any person who has the ultimate liability for payment of the same, including interest and penalties as hereinbelow provided. 4.26.120 Enforcement--Suit for collection. Whenever any person shall fail to pay any taxes herein provided, or any purchaser or grantee shall accept a conveyance where the tax has not been paid, the corporation counsel shall, upon request of the city manager, bring or cause to be brought an action to enforce the payment of said tax, including interest and penalties as hereinbelow provided, on behalf of the city in any court of competent jurisdiction. 4.26.130 Interest and penalties. In the event of failure by any person to collect and pay to the finance director the tax required hereunder when the same shall be due, interest shall accumulate and be due upon said tax at the rate of one percent (1%) per month commencing as of the first day following the day when the tax becomes due. In addition, a penalty of fifty percent (50%) of the tax and interest due shall be assessed and collected against any person who shall fail to pay the tax imposed by this chapter. 4.26.140 Proceeds of tax. All proceeds resulting from the imposition of the tax under this chapter including interest and penalties, shall be paid into the treasury of the city and shall be credited to and deposited in the general fund of the city. No refund of taxes paid in error for any reason shall be made after sixty (60) days from the date of the payment of said tax. 4.26.150 Penalty for violation. In addition to the remaining provisions of this section, any person found guilty in a court of competent jurisdiction of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any provision of this chapter upon conviction thereof, shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). 4.26.160 Effective date. These provisions shall be in full force and effect from and after July 1, 1994 provided, however, these provisions shall not apply to contracts executed prior to the passage of this ordinance. 4.26.170 Severability. If any provision, clause, sentence, paragraph, section, or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this section and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included." Section 2. That Section 14.04.230 entitled "Billing" of Chapter 14.04 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: "G. A request to the City of Elgin for a final reading of the water meter shall be made three (3) days prior to the date the final reading is requested. Upon receipt, the city shall take a final reading and prepare a bill to be submitted to the consumer or user for payment prior to issuance of any real estate transfer stamps. In the event a final reading is not possible prior to the transfer of property for which the real estate transfer stamps are required, the consumer or user shall pay one hundred fifty percent (150%) of the last bill or other reasonable amount as determined by the City of Elgin until a final reading is conducted. In the event the final reading shows that the consumer or user still owes the City of Elgin money, said consumer or user shall promptly pay to the City of Elgin any outstanding sums. In the event the final reading shows that the owner has paid in excess of the amount due, the city shall promptly refund any monies to consumer or user." Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Delete if not Omnibus s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Passed: April 27, 1994 Vote: Yeas 4 Nays 3 Recorded: April 28, 1994 Published: April 28, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 17 Resolution 94-93 ADOPTED Endorsing Legislation to Ban Assault Weapons Councilman Fox made opening remarks explaining why this matter was before the Council. Proponents and opponents addressed the Council. Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Mayor VanDeVoorde voted present. Nays: None. Resolution No. 94-93 RESOLUTION ENDORSING LEGISLATION TO BAN ASSAULT WEAPONS WHEREAS, resulting from the use of assault weapons, we are reminded every day of the tremendous human, emotional, and financial toll that guns and gun violence take throughout the state and nation; and WHEREAS, statistics show semi-automatic assault weapons are increasingly becoming the weapon of choice for criminals; and WHEREAS, the purpose of such weapons is to kill and to maim human beings and serve no legitimate sporting purpose; and WHEREAS, these weapons must be kept off the streets of our villages and towns; and WHEREAS, legislation outlawing the manufacture, sale, or possession of semi-automatic assault weapons has been introduced in the Spring 1994 session of the Illinois General Assembly; and WHEREAS, public opinion in Illinois overwhelmingly supports such a ban on assault weapons; and WHEREAS, gun violence, especially violence with assault weapons, has a disproportionate impact on our health care system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby endorses and supports legislation to ban the manufacture, sale, or possession of semi- automatic assault weapons. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 18 Public Hearing Regarding Proposed Annexation Agreement, Property Located at the Southeast Corner of South Street and Randall Road; By Burnidge Properties, Ltd., As Applicant and Owner (Petition 61-93) Paul Bednar of Burnidge Cassell Associates and representatives of McDonald's Corporation outlined the proposal which includes townhomes and a McDonald's Restaurant. The petitioner has agreed to all except one of the staff's recommendations. Bill Wurst, President of College Park/McIntosh Homeowners Association, and other residents in the area of the proposed project stated their objections to the proposal. Mayor VanDeVoorde and other Councilmembers advised the petitioner of their concerns regarding the proposal. Petitioner is to respond to these concerns. Mayor VanDeVoorde left the meeting at 10:55 p.m. Councilman Gilliam conducted the rest of the meeting. Councilman Walters made a motion, seconded by Councilman Fox, to continue the public hearing to the May 25, 1994, Council meeting. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. 19 Consideration of Petition 61-93 Requesting Annexation, PMFR Planned Multiple Family Residence District, PCF Planned Community Facility District and PAB Planned Area Business District Zoning Approval, and Approval of the Preliminary Plat of College Park Square Subdivision; Property Located at the Southeast Corner of South Street and Randall Road; By Burnidge Properties, Ltd, as Applicant and Owner TABLED Councilman Walters made a motion, seconded by Councilwoman Popple, to table consideration of the aforementioned petition. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. 110 Petition 68-93 APPROVED Requesting an Amendment to an Existing Conditional Use for a Nursing and Personal Care Facility; Property Located at 2355 Royal Boulevard; By HSM Development Corporation, as Applicant, and Elgin Real Estate, Incorporated, as Owner Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to approve Petition 68-93 with the conditions set forth by the Zoning and Subdivision Hearing Board. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. 111 Petition 69-93 APPROVED Requesting an AB Area Business District Conditional Use for a Master Signage Plan; Property Located at 405 Airport Road; By Raymond Management Company, Inc., as Applicant, and Elgin Lodging Partners, as Owner Councilman Walters made a motion, seconded by Councilwoman Popple, to approve Petition 69-93. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. 112 Motion CARRIED to Approve North End Benevolent Association Event Councilman Walters made a motion, seconded by Councilman Fox, to approve the aforementioned event for May 11-15, 1994. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. 113 Motion CARRIED to Approve a National Day of Prayer Event Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to approve the aforementioned event for May 5, 1994. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. 114 Resolution 94-94 ADOPTED Authorizing Execution of a Concession Agreement with C.S.P. Enterprises for Hemmens Memorial Building Councilman Walters made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-94 RESOLUTION AUTHORIZING EXECUTION OF A CONCESSION AGREEMENT WITH C.S.P. ENTERPRISES 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 a Concession Agreement on behalf of the City of Elgin with David H. Pool, Brian D. Wallace and Jay D. McManaman, d/b/a C.S.P. Enterprises for the sale of beverages at the Hemmens Memorial Building, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 115 Authorization of Payment to Various Vendors INSERT LIST Wireless Technology Las Vegas, NV $ 8,121.00 Undercover camera for Police Department. Davey Tree Expert, Company East Dundee, IL $10,893.00 Removal of trees and stumps and trimming of trees following January ice storm. D. H. Martin Elgin, IL $ 6,835.66 Purchase of gasoline for Ann Street garage. Boncosky Oil Co. Elgin, IL $ 6,897.17 Purchase of gasoline for Ann Street garage. Aurora Police Dept. Aurora, IL $ 9,502.08 Reimbursement of salary and benefits for Agent Michael Pierceall in conjunction with the Kane County Auto Theft Force. Airee Corley 615 Park Street Elgin, IL $ 7,395.00 Repairs to property in conjunction with the Residential Rebate Program. Don Fehrman 228 N. Liberty St. and Anderson Construction Co. Elgin, IL $ 5,060.00 For repairs to property in conjunction with the Residential Rebate Program. Neighborhood Housing Services of Elgin $ 4,803.00 NHS Rental Rehabilitation Loan for 280 National St. Hampton, Lenzini & Renwick Elgin, IL $10,458.58 Engineering services for design of proposed sanitary lift station at Randall Road and Tyler Creek. Peerless Fence West Chicago, IL $ 5,197.00 Replacement of gate at Bluff City Cemetery. Elgin American Legion Post 57 and Luna's Construction Company Elgin, IL $ 1,000.00 City's contribution toward dugout improvements at baseball field in wing Park. Elgin Area Convention & Visitors Bureau Elgin, IL $19,256.25 Advance of second quarter payment. INSERT LIST Wireless Technology Las Vegas, NV $ 8,121.00 Undercover camera for Police Department. Davey Tree Expert, Company East Dundee, IL $10,893.00 Removal of trees and stumps and trimming of trees following January ice storm. D. H. Martin Elgin, IL $ 6,835.66 Purchase of gasoline for Ann Street garage. Boncosky Oil Co. Elgin, IL $ 6,897.17 Purchase of gasoline for Ann Street garage. Aurora Police Dept. Aurora, IL $ 9,502.08 Reimbursement of salary and benefits for Agent Michael Pierceall in conjunction with the Kane County Auto Theft Force. Airee Corley 615 Park Street Elgin, IL $ 7,395.00 Repairs to property in conjunction with the Residential Rebate Program. Don Fehrman 228 N. Liberty St. and Anderson Construction Co. Elgin, IL $ 5,060.00 For repairs to property in conjunction with the Residential Rebate Program. Neighborhood Housing Services of Elgin $ 4,803.00 NHS Rental Rehabilitation Loan for 280 National St. Hampton, Lenzini & Renwick Elgin, IL $10,458.58 Engineering services for design of proposed sanitary lift station at Randall Road and Tyler Creek. Peerless Fence West Chicago, IL $ 5,197.00 Replacement of gate at Bluff City Cemetery. Elgin American Legion Post 57 and Luna's Construction Company Elgin, IL $ 1,000.00 City's contribution toward dugout improvements at baseball field in wing Park. Elgin Area Convention & Visitors Bureau Elgin, IL $19,256.25 Advance of second quarter payment. 11 Consent Agenda Councilwoman Yearman made a motion, seconded by Councilman Walters, to pass Ordinances G15-94, G16-94, G17-94, and G19-94, and Resolutions 94-95 through 94-105 by omnibus vote. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. 12 Ordinance G19-94 PASSED Increasing the Authorized Strength of the Police Department Councilwoman Yearman made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Ordinance No. G19-94 AN ORDINANCE INCREASING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.52 entitled "Police Department" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 2.52.010A to read as follows: A. There is established an executive department of the city to be known as the police department. The police department shall consist of one hundred thirty-one (131) sworn members, of which one member shall be chief, no more than three (3) members shall hold the rank of deputy chief, no more than six (6) members shall hold the rank of lieutenant, no more than fifteen (15) members shall hold the rank of sergeant and the balance of said members shall be of police officer rank. 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 effective from and after its passage and approval in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Passed: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Recorded: April 28, 1994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 13 Ordinance G15-94 PASSED Amending Chapter 16.12 Entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as Amended Councilwoman Yearman made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Ordinance No. G15-94 AN ORDINANCE AMENDING CHAPTER 16.12 ENTITLED "PROPERTY MAINTENANCE CODE" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 16.12.070 to read as follows: 16.12.070 Appeals Board. In order to protect existing structures in the jurisdiction by vigorous enforcement of the provisions of this code, there shall be and is hereby created a code appeals board, hereafter referred to as the board, consisting of five members who shall be appointed by the mayor and city council. Section 2. That Chapter 16.12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 16.12.080 to read as follows: 16.12.080 Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code, or of any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the board; provided that such person shall file, in the office of the code administration and preservation director, a written petition requesting such hearing and containing a statement of the grounds therefore within 20 days after the day the notice was served. Section 3. That Chapter 16.12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.12.090 to read as follows: 16.12.090 Membership. Each member shall be a licensed professional engineer or architect, or a builder or superintendent of building construction, with at least ten years experience, for five years of which that board member shall have been in responsible charge of work; and there shall not be more than two members of the board selected from the same profession or business; and at least one of the professional engineers shall be a licensed structural or civil engineer or architectural engineering experience. Each member shall have been a resident of the City of Elgin for at least one year prior to appointment. The mayor and city council shall appoint for a term of one year an alternate member of such board in addition to the five members above provided for, who shall act with full power only when a member of the board refuses to vote because of interest or when a member is absent. The code administration and preservation director shall appoint one member of the department who shall act as secretary to the board. Section 4. That Chapter 16.12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.12.100 to read as follows: 16.12.100 Vote. The board shall hear all appeals relative to the enforcement of this code, and by a concurring vote of the majority of its members shall reverse or affirm wholly or partly, or modify, the decision appealed from, and shall make such order or determination as in the opinion of the board ought to be made. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the code official. Section 5. That Chapter 16.12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.12.110 to read as follows: 16.12.110 Financial Interest. A member of the board shall not participate in any hearings or vote on any appeal in which that member has a direct or indirect financial interest, or is engaged as a contractor, or is engaged in the preparation of plans and specifications, or in which that member has any personal interest. Section 6. That Chapter 16.12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 16.12.120 to read as follows: 16.12.120 Records. The secretary of the board shall keep a record of each meeting so that the record shows clearly the basis for each decision made by the board. Section 7. That Chapter 16.12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting Section 16.12.130. Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. That this ordinance is in full force and effect immediately after its passage and publication in the manner provided by law. s/George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Passed: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Recorded: April 28, 1994 Published: April 28, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 14 Ordinance G16-94 PASSED Amending Title 9.16 of the Elgin Municipal Code, 1976, as Amended, Entitled "Plants and Weeds" Councilwoman Yearman made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Ordinance No. G16-94 AN ORDINANCE AMENDING TITLE 9.16 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PLANTS AND WEEDS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.16 of the Elgin Municipal Code, 1976, as amended, entitled "Plants and Weeds" be and is hereby further amended by amending Section 9.16.040 to read as follows: 9.16.040 Cutting by city-Lien. If weeds are cut by the city or by someone directed to cut them on behalf of the city, a notice of lien of the cost and expense thereof incurred by the city shall be recorded in the following manner: The city or the person performing the service by authority of the city, in its or his own name may file notice of lien in the office of the recorder of deeds in the county in which said real estate is located or in the office of the registrar of titles of such county if the real estate affected is registered under the Torrens system. The notice of lien shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date or dates when said cost and expense was incurred by the city, and shall be filed within sixty days after the cost and expense is incurred. For the purpose of this chapter, cost and expense shall be a sum equal to the actual cost of all cuttings plus an administrative fee of twice the actual cost of cuttings, but not less than fifty dollars nor more than two hundred fifty dollars, to cover general overhead, inspection expenses, location of and notice to owner, and incidental and related actions. Upon filing of a notice of lien as provided herein, the city shall have a lien upon the land described therein and upon which the cuttings have been made to secure cost and expenses thereof and nine percent interest per year on the amount, which interest shall begin accruing thirty days from date of cutting. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Passed: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Recorded: April 28, 1994 Published: April 28, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 15 Ordinance G17-94 PASSED Adopting Handicap Accessibility Standards for Parking Lots Councilwoman Yearman made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Ordinance No. G17-94 AN ORDINANCE ADOPTING HANDICAP ACCESSIBILITY STANDARDS FOR PARKING LOTS WHEREAS, the City Council has determined that it is necessary and desirable to adopt provisions in the Illinois Accessibility Code providing for handicap accessibility for parking lots so as to allow for the more efficient enforcement of said standards; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 Constitution of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the adoption of an ordinance which adopts handicap accessibility standards for parking lots within the Illinois Accessibility Code pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 16, entitled "Buildings and Construction" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Chapter 16.16 entitled "Handicap Accessibility" to read as follows: "Chapter 16.16 Handicap Accessibility 16.16.010 Adopted. The regulations of the Illinois Accessibility Code, 71 Illinois Administrative Code, Chapter I, Section 400 et seq., as amended, which relate to parking lots are adopted as the regulations for handicap accessibility with respect to parking lots within the city. 16.16.030 Penalty for Violation. Any person, firm or corporation, violating any of the provisions of this chapter, in addition to other legal and equitable remedies available to the City, shall be fined as provided in Chapter 1.20 of this code. Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Passed: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Recorded: April 28, 1994 Published: April 28, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 16 Resolution 94-95 ADOPTED Authorizing Execution of a Purchase of Service Agreement with Jayne Shover Easter Seal Rehabilitation Center, Inc. Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-95 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Jayne Shover Easter Seal Rehabilitation Center, Inc. for special recreation programs, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 17 Resolution 94-96 ADOPTED Authorizing Execution of a Van Use Agreement with Jayne Shover Easter Seal Rehabilitation Center, Inc. Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-96 RESOLUTION AUTHORIZING EXECUTION OF A VAN USE AGREEMENT WITH JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Jayne Shover Easter Seal Rehabilitation Center, Inc. for use of a city van, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 18 Resolution 94-97 ADOPTED Accepting the Proposal of Motorola, Inc. Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-97 RESOLUTION ACCEPTING THE PROPOSAL OF MOTOROLA, INC. 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 Motorola, Inc. for 1994 radio equipment, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 19 Resolution 94-98 ADOPTED Establishing Fees for the Use of the Hemmens Memorial Building Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-98 RESOLUTION ESTABLISHING FEES FOR THE USE OF THE HEMMENS MEMORIAL BUILDING WHEREAS, the Hemmens Building Advisory Committee of the City of Elgin has recommended that the fees and charges heretofore established for the use of the Hemmens Memorial Building be revised; and WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the Hemmens Building Advisory Committee for the year 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That from and after January 1, 1996 fees and charges for the use of the Hemmens Memorial Building shall be in accordance with the following schedule: I. Auditorium Base rental for actual performance shall be as follows: 1996 Show Time (Mon.-Thurs.) $400 Show Time (Fri.-Sun.) $460 (3-Hour Block of Time) Each additional hour shall be prorated. Second Performance Same Day (Mon.-Thurs.) $150 Second Performance Same Day (Fri.-Sun.) $190 Performance time shall include set changes, intermission(s) and curtain calls. The Building Operations Manager shall make the final determination as to the time of a performance in the case of a disagreement. Included in base rental charge shall be: Lobby, ticket booths, coat rooms, rest rooms, two dressing rooms, two meeting rooms, and custodial services after the event. II. Exhibition Hall Base rental shall be as follows: 1996 Show Time (Mon.-Thurs.) $400 Show Time (Fri.-Sun.) $510 (6-Hour Block of Time) Each additional hour shall be prorated. One/Half of Exhibition Hall Show Time One/Half Full Hall Rate Personnel working the event shall be additional. Base rental shall include lower coat rooms, rest rooms, and sound system and also includes custodial services after the event. III. Entire Building Rates for the rental of the entire building shall be as follows:1996 Show Time (Mon.-Thurs.) $725 Show Time (Fri.-Sun.) $855 (6-Hour Block of Time) Each additional hour of time shall be prorated. IV. Rehearsal and Move-In/Out Charge Non-performance use of the Auditorium and/or Exhibition Hall such as moving-in/out, set-ups, or rehearsals shall be as follows: 1996 Rehearsal Time (Mon.-Thurs.) $ 28.50 Hr. (Same Day as Event) Rehearsal Time (Fri.-Sun.) $ 35.00 Hr. (Same Day as Event) Rehearsal Time (Fri.-Sun.) (1.5 x 32.80) $ 52.50 Hr. (Other than Day of Event) V. Charges for Equipment, Services and Special Building Features 1996 1. Acoustical Shells $ 5.50 2. Chairs, Metal Folding $ .50 3. Dance Floor $ 51.00 4. Folding Tables $ 3.00 5. Industrial Truck (per hour) $ 6.75 6. Kitchen (daily rate) $ 34.00 7. Microphones (one included at no charge with rental) $ 14.50 Cordless Microphones ($2.25 additional per microphone) 8. Mirror Ball, Fog Machine, Scene Machine, Strobelight $ 30.50 9. Motion Picture Screen, Music Stands, Podium No Charge 10. Orchestra Pit $ 47.50 11. Piano-Concert Grand $ 86.00 12. Piano-Upright, Allen Organ $ 49.00 13. Piano Tuning Per Cost 14. Portable Sound System (excluding microphones) $ 36.00 15. Projector-16MM Sound, Video Projector, Overhead Projector, VCR & Monitor $ 30.50 16. Projector-Slide $ 14.00 17. Risers, Band $ 4.25 18. Risers, Choral $ 2.50 19. Spotlight Trouper $ 49.00 20. Table Skirts $ 2.00 21. Tape Recorder/Player, C.D. Player $ 24.25 VI. Charges for Labor 1996 VOLUME LIX APRIL 27, 1994 29 WHEN FIRST PAGE NUMBER IS ODD NUMBER, PAGE NUMBER IS AT LEFT. Center date of meeting 1994 is VOLUME LIX 1. Technicians Hourly Rate $ 17.00 2. Senior Technician Hourly Rate $ 25.50 3. Stage Manager Hourly Rate $ 25.50 4. Ushers Hourly Rate $ 8.50 5. Reserve Security Per Cost 6. Regular Security Per Cost NOTE: The above equipment rates do not include the cost of the operation. Except where otherwise indicated, the rates are on a per show basis. Under normal use, clean up service is included in the base rental. However, at the discretion of the building manager, sponsoring organizations will be assessed for clean up service when the building is left unusually messy or dirty. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 110 Resolution 94-99 ADOPTED Authorizing Execution of a Purchase of Service Agreement with the Miss Illinois Scholarship Pageant, Inc. Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94- 99 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE MISS ILLINOIS SCHOLARSHIP PAGEANT, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Miss Illinois Scholarship Pageant, Inc. for the 1994 Miss Illinois pageant, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 111 Resolution 94-100 ADOPTED Authorizing Execution of an Addendum to Agreement for Gravel Extraction and Rehabilitation Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-100 RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO AGREEMENT FOR GRAVEL EXTRACTION AND REHABILITATION 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 Addendum to Agreement for Gravel Extraction and Rehabilitation with Road Materials Corporation, amending the agreement entered into on October 28, 1985, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIX APRIL 27, 1994 31 WHEN FIRST PAGE NUMBER IS ODD NUMBER, PAGE NUMBER IS AT LEFT. Center date of meeting 1994 is VOLUME LIX Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 112 Resolution 94-101 ADOPTED Adopting a Mining Plan for 1994 for the Elgin Sports Complex Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-101 RESOLUTION ADOPTING A MINING PLAN FOR 1994 FOR THE ELGIN SPORTS COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts the Mining Plan for 1994 for the Elgin Sports Complex prepared by Road Materials Corporation, a copy of which is attached hereto. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 113 Resolution 94-102 ADOPTED Authorizing an Agreement with Music Theatre International for Performances of Jesus Christ Superstar Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-102 RESOLUTION AUTHORIZING AN AGREEMENT WITH MUSIC THEATRE INTERNATIONAL FOR PERFORMANCES OF JESUS CHRIST SUPERSTAR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Richard B. Helwig, City Manager, to execute an agreement with Music Theatre International for Elgin Summer Theatre performances of Jesus Christ Superstar, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 114 Resolution 94-103 ADOPTED Authorizing Execution of a Settlement Agreement with Edith Bramer and Mary Bramer (455 NORTH COMMONWEALTH AVENUE) Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-103 RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH EDITH BRAMER AND MARY BRAMER 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 a Settlement Agreement on behalf of the City of Elgin with Edith Bramer and Mary Bramer in connection with the water service line at 455 North Commonwealth Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 115 Resolution 94-104 ADOPTED Appointing Members to Various Boards and Commissions Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-104 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Daryl G. Allen be and is hereby appointed as a member of the Board of Examiners of Stationary Engineers for a term to expire May 1, 1997. BE IT FURTHER RESOLVED that Don Nelson be and is hereby appointed as a member of the Building Commission to fulfill the unexpired term of John Williams, for a term to expire May 1, 1996. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 116 Resolution 94-105 ADOPTED Authorizing a Credit to the Elgin Symphony Orchestra Association Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Resolution No. 94-105 RESOLUTION AUTHORIZING A CREDIT TO THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes the City Manager to execute the attached release to the Elgin Symphony Orchestra Association against a debt currently owed to the City of Elgin in the sum of $2,030.92. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27, 1994 Adopted: April 27, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 117 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilwoman Popple made a motion, seconded by Councilman Fox, to place the following reports and minutes on file as published. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays: None. Sales Tax Revenue Report for January 1994 Water and Sewer Maintenance Accounts Receivable Report for March 1994 Department of Code Administration Building Report for March 1994 Bluff City Cemetery First Quarter Report for 1994 Elgin Human Relations Commission Minutes for October 13, 1993, January 4, 1994, and March 1, 1994 Elgin Public Museum Board of Directors Minutes for March 1, 1994 Hemmens Advisory Board Minutes for March 10, 1994 Heritage Commission Minutes for March 14, 1994 Planning and Development Commission Minutes for March 4 and March 21, 1994 City Traffic Committee Minutes for April 12, 1994 Committee of the Whole Minutes for March 23, 1994 Committee of the Whole/CDBG Minutes for April 6, 1994 City Council Minutes for March 23, 1994 118 Announcements Councilman Gilliam made announcements regarding forthcoming meeting. 119 Adjournment Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adjourn the meeting and return to the Committee of the Whole meeting. Yeas: Councilmembers Fox, Gilliam, Popple Schock, Walters and Yearman. Nays: None. Meeting adjourned at 11:15 p.m. May 11, 1994 Dolonna Mecum, City Clerk Date Approved