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HomeMy WebLinkAbout94-9VOLUME LIX SEPTEMBER 14, 1994 431 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 September 14, 1994, at Hemmens Auditorium in Exhibition Hall. The meeting was called to order by Mayor VanDeVoorde at 8:10 p.m. The Invocation was given by Reverend Donald Keck, and the Pledge of Allegiance was led by City Clerk Mecum. ROT.T. i AT.T. Roll call was answered by Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. MINUTES OF THE AUGUST 24 AND AUGUST 31, 1994, COUNCIL MEETINGS APPROVED AS PUBLISHED Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the minutes of the August 24, 1994, regular meeting and the August 31, 1994, special meeting as published. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Robert Soderstrom, 104 South State Street, stated that Elgin's is in an excellent location for industry because of its proximity to O'Hare Airport. He said we are lucky to have this new city manager, and the City needs representative government. Ruth Norbraten, 424 DuPage Street, suggested that West River Road be considered for a future bridge. She also urged vigorous enforcement of the property maintenance code and the ordinance prohibiting loitering. Reggie Stephens, 600 Margaret Place, as this year's House Walk Chairman, expressed the appreciation of Gifford Park Association to those members of the city staff and council who assisted with the house walk this past.weekend. Very positive comments were received, and it was one of the most successful house tours GPA has held. Councilmember Schock suggested that ways be explored to communicate more effectively with our Hispanic residents., particularly with reference to issues that will affect them. 432 SEPTEMBER 14, 1994 VOLUME LIX BID 94-070 AWARDED FOR 1995 CITY VEHICLE LICENSE STICKERS Councilman Fox made a motion, seconded by Councilwoman Popple, to award this contract to the overall, low bidder, St. Louis Sticker Company, for a total amount of $5,200.93. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID 94--071 AWARDED FOR BOWES ROAD FINAL SURFACE PROJECT Councilman Walters made a motion., seconded by Councilman Schock, to award this contract to Harry Kuhn, Inc. in the amount of $58,904.50. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID 94-068 AWARDED FOR BITUMINOUS PATCHING MIXTURE Councilman Fox made a motion, seconded by Councilwoman Popple, that the City acquire bituminous patching mixtures, Group I and. II, from Central Blacktop Co., Inc., Allied Asphalt Paving Co., and Harry W. Kuhn, Inc. at their quoted prices, according to their availability. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 23-94 APPROVED REQUESTING THE REPEAL OF CONDITIONAL F' USE ORDINANCE NO G96-8.6 AND ORDINANCE NO. G1633, AND REQUESTING A CONDITIONAL USE FOR A HOSPITAL TO ALLOW FOR A SIGN AND ADMINISTRATIVE OFFICES; AN INSTITUTIONAL DAY CARE CENTER; AND A HELIPORT; PROPERTY LOCATED AT 77 NORTH AIRLITE STREET AND 1885 LIN LOR LANE; BY SAINT JOSEPH HOSPITAL, AS APPLICANT AND OWNER Councilman Walters made a motion, seconded by Councilwoman Yearman, to approve Petition 23-94 subject to the conditions recommended by the Planning and Development Commission. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 28-93 APPROVED REQUESTING FINAL PLAT APPROVAL FOR WOODBR.IDGE SOUTH SUBDIVISION, UNIT 5; PROPERTY LOCATED SOUTH HOPPS ROAD; BY THE ZALE GROUP, INCORPORATED, AS APPLICANT AND Councilman Fox made a motion, seconded by Councilwoman Popple, to approve Petition 28-93 subject to the conditions recommended by the Planning and Development Commission. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX SEPTEMBER 14, 1994 433 _PETITION 16-94 APPROVED REQUESTING PRELIMINARY PLAT APPROVAL FOR COUNTRY KORNERS SUBDIVISION; PROPERTY LOCATED AT 1255 BODE ROAD; BY DOROTHY AND STEVEN KRAFT AND DONALD BUSCH, AS APPLICANTS AND OWNERS Councilwoman Popple made a motion, seconded by Councilman Schock, to approve Petition 16-94 subject to the conditions recommended by the Planning and Development Commission. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 17-9.4 APPROVED REQUESTING FINAL PLAT APPROVAL FOR COUNTRY KORNERS SUBDIVISION: PROPERTY LOCATED AT 1255 BODE ROAD; BY DOROTHY AND STEVEN KRAFT AND DONALD BUSCH, AS APPLICANTS AND OWNERS Councilman Walters made a motion, seconded by Councilwoman Popple, to approve Petition 17-94 subject to the conditions recommended by the Zoning and Subdivision Hearing Board. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 43--94 APPROVED REQUESTING COUNTY F FARMING DISTRICT TO KANE C A REZONING F1 JNTY E-1 E: 0M KANE ALTE RESIDENTIA: DISTRICT; PROPERTY LOCATED ON THE NORTH SIDE OF U.S. ROUTE 20, WEST OF NESLER ROAD; BY MARSILIA M. RATH, AS APPLICANT AND. OWNER Councilman Walters made a motion, seconded by Councilwoman Popple, to approve Petition 43-94. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ORDINANCE G48--94 PASSED RECLASSIFYING COMMUNITY FACILITY DISTRICT TO PCF PL, DISTRICT, PROPERTY LOCATED AT 10.95 BO'. ERTY FROM CF COZ 14UN ITY FACILITY ROAD (41- Councilwoman Popple.made a motion, seconded by Councilman Fox, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None.. Ordinance No. G48-94 AN ORDINANCE RECLASSIFYING PROPERTY AT 1095 BODE ROAD WHEREAS, written application has been made to reclassify certain property located at 1095 Bode Road from CF Community Facility District to PCF Planned Community Facility District; and 434 SEPTEMBER 14, 1994 VOLUME LIX WHEREAS, the Planning and Development Commission has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Planning and Development Commission and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.0.7.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the '.Zoning District Map', as amended, be and are hereby altered by excluding from the CF Community Facility District and including in the PCF Planned Community Facility District, the following described property: THAT PART OF THE SOUTH EAST QUARTER OF SECTION 18, TOWNSHIP 41NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1042.8 FEET EAST OF THE NORTH WEST CORNER OF SAID SOUTH EAST QUARTER AS MEASURED ALONG THE NORTH LINE OF SAID SOUTH EAST QUARTER AND THE SOUTH LINE OF A ROAD TO A POINT 1891.6 FEET EAST OF THE NORTH WEST CORNER OF SAID SOUTH EAST QUARTER.; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTH EAST QUARTER AND THE SOUTH LINE OF A ROAD TO A POINT 1891.6 FEET EAST OF THE NORTH WEST CORNER OF SAID SOUTH EAST QUARTER; THENCE SOUTH 15 DEGREES 02 MINUTES WEST ALONG A FENCE LINE 551 FEET TO THE POINT OF BEGINNING OF THE PREMISES CONVEYED BY DEED RECORDED AS DOCUMENT 18085008; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID EAST QUARTER TO A POINT ON THE EAST LINE OF SECOND ADDITION TO HIGH VIEW HILLS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 27, 1957 AS DOCUMENT 16836013, THENCE NORTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION 536.7 FEET TO THE PLACE OF BEGINNING, EXCEPT THEREFROM THE PREMISES DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1285.25 FEET EAST OF THE NORTH WEST CORNER OF SAID SOUTH EAST QUARTER AS MEASURED ALONG THE NORTH LINE OF SAID SOUTH EAST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTH EAST QUARTER AND THE SOUTH LINE OF A ROAD TO THE POINT 1891.6 FEET EAST OF THE NORTH WEST CORNER OF SAID SOUTH EAST QUARTER; THENCE SOUTH 15 DEGREES 02 MINUTES WEST ALONG A FENCE LINE, 551 FEET TO THE POINT OF BEGINNING OF THE PREMISES CONVEYED BY DEED RECORDED AS DOCUMENT 18085008; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTH EAST QUARTER, 548.13 FEET; THENCE NORTHERLY TO e VOLUME LIX SEPTEMBER 14, 1994 435 THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS subject to the following conditions: 1. Substantial compliance with the planned development plan, prepared by B1eck & Bleck, dated August 2, 1993, revised June 27, 1994; and 2. Compliance with all other applicable codes and ordinances." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14, 1994 Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 15, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94=237 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT, PROPERTY LOCATED WEST OF RANDALL ROAD BANK OF Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to remove consideration of Resolution 94-237 from the table. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Fox made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmembers Popple and Yearman. 436 SEPTEMB:ER 14, 1994 VOLUME LIX Resolution No. 94-237 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (2450 Bowes Road) WHEREAS, the owners of record of certain territory described in Exhibit A, attached. hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Adopted: September 14, 1994 Vote: Yeas 5 Nays 2 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LIX SEPTEMBER 14, 1994 437 ORDINANCE G46-94 PASSED AMENDING. CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, ADDING A CLASS.N LIQUOR LICENSE Councilman Gilliam made a motion, seconded by Councilman Fox, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Schock, Walters., and Mayor VanDeVoorde. Nays: Councilmembers Popple and Yearman. Ordinance No. G46-94 AN ORDINANCE AMENDING CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, ADDING A CLASS N LIQUOR LICENSE WHEREAS, Elgin Riverboat Resort, an Illinois General Partnership, has applied to the City of Elgin for a liquor license to allow for the sale and consumption of alcoholic liquor in certain designated areas in the riverboat gaming pavilion facilities located at 250 South Grove Avenue, in Elgin, Illinois; and WHEREAS, the Liquor Control Commission has determined that in order to provide for the most appropriate regulation of the sale and consumption of alcoholic liquor on said property that it is necessary and desirable to amend Chapter 6.06 of the Elgin Municipal Code to provide for a new Class N license; and WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the sale and consumption of alcoholic liquor is a matter pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.040 of the Elgin Municipal. Code, 1976, as amended, entitled "License--Classes--- Fees" be and is hereby amended by adding Subsection 0 to read as follows: "0. Class N. For the retail sale of alcoholic liquor at the riverboat gaming pavilion on the premises commonly known as 250 South Grove Avenue, Elgin, Illinois, in the following areas: 438 SEPTEMBER 14, 1994 VOLUME LIX. ' 1. First Floor - Designated restaurant area in conjunction with the service of meals for consumption on the premises.I 1 2. First Floor Designated food court, snack bar and all seating areas for consumption on the premises. 3. First Floor -- Designated tavern area for consumption on premises. 4. Second Floor - Designated banquet facility for consumption on premises. 5. Second Floor - Designated lounge area for consumption on premises. The term "premises" shall include any adjoining interior areas utilized in conjunction with the first floor designated food court; snack bar and seating areas. The term "premises" shall also include any adjoining exterior terrace areas utilized in conjunction with the designated areas. The first floor designated tavern area and the second floor designated lounge area shall be subject to the restrictions for a Class A license as set forth under Section 6.06.140(0) as amended, relating to the admission of persons who have not attained the age of 21 years, with the exception that such restrictions shall not apply to the second floor designated lounge area when said area is being utilized not as a lounge area but instead as part of the second floor banquet facility. The license fee per year is $2300.00 Section 2. That all ordinances or parts thereof in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIX SEPTEMBER 14, 1994 439 Presented: September 14, 1994 Passed: September 14, 1994 Vote: Yeas 5 Nays 2 Recorded: September 15, 1994 Published: September 15, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum,.City Clerk SOLUTION 94-254 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT TH THE FAA FOR WATER AND SEWER SERVICES AT FAA FACILITY Councilwoman Yearman 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. 94-254 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION 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 Federal Aviation Administration (FAA) for water and sewer service, a copy 'of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde _ George VanDeVoorde, Mayor Presented: September 14, 1994 Adopted: September 14, 1994 Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 440 SEPTEMBE.R 14, 1994 VOLUME LIX RESOLUTION 94-253 ADOPTED PROVIDING FOR A PREQUALIFICATION OF BIDDERS FOR NEW LAW ENFORCEMENT FACILITY Councilman Walters made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Mayor VanDeVoorde. Nays: Councilmember Yearman. Resolution No. 94-253 RESOLUTION PROVIDING FOR A PREQUALIFICATION OF BIDDERS FOR NEW LAW ENFORCEMENT FACILITY WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to utilize a prequalification process to prequalify bidders for the bid packages on the City of Elgin's new law enforcement facility; 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 and use of a prequalification process to prequalify bidders on the City of Elgin's new law enforcement facility pertains to the government and affairs. of the City of Elgin; and WHEREAS, the process of prequalifying bidders for public works projects is a process which has otherwise been approved under the Illinois Purchasing Act for projects involving state agencies. .NOW, THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager or his designee be and is hereby authorized and directed to implement and utilize a prequalification process to prequalify bidders for each of the bid packages of the City of Elgin's new law enforcement facility. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Adopted: September 14, 1994 Vote: Yeas 6 Nays 1 Attest:. sl Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LIX SEPTEMBER 14, 1994 441 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilwoman Popple made a motion, seconded by Councilman Gilliam, to authorize the following payments. Yeas: Councilmembers Fox, Gilliam, Popple,.Schock, Walters, Yearman, and Mayor VanDeVoo'rde. Nays: None. Old Kent Bank $ 8,848.00 October 1994 payment Elgin, IL for loan obtained by Center City Development Corporation. Boncosky Oil Co. $15,578.07 Purchase of gasoline Elgin, IL for Ann Street garage. D.H. Martin $ 8,964.75 Purchase of gasoline Division Bell Fuel for Ann Street garage. Chicago, IL Community Contacts $ 5,000.00 Payment #2 for the Geneva, IL weatherization repair program. Maria Snelton $ 5,315.00 For repairs to property 418 Lowlier Court in conjunction with the and James Pace Residential Rebate Construction Program. Elgin, IL City of Elgin $13,369.14 Reimbursement of salary Elgin, IL and benefits for Officer Christopher Troiola, (for the period 3/l/94-6/30/94) assigned to Kane County Auto Theft Task Force. Aurora Police Dept. $12,641.00 Same as above except Aurora, IL for Agent Michael Pierceall. Kane County $ 8,586.95 Same as above except Sheriff's Dept. for Agent Steven Geneva, IL Fitzsimmons. International $13,981.65 Purchase of 795 police Personnel Management officer candidate Association written examinations. Alexandria, VA Davey Tree Expert Co. $29,460.56 Removal of. trees and Kent, OH stumps and trimming of trees at various locations. 442 SEPTEMBER 14, 1994 VOLUME LIX Chicago $ 8,056.32 Removal of radio sirens Communications and light bar equipment Chicago, IL from Police and administrative vehicles and the re -installation of equipment into new replacement units. Schneider's $ 5,075.00 Cleaning and reshaping Excavating, Inc. drainage ditch along Elgin, IL Foothill Rd. between Hawthorne and. Gale Streets. Prime Construction $11,910.00 Final payment for Hampshire, IL sidewalk replacement at Wing Park Golf Clubhouse and curb ramp installation at Big Timber Fire Station. Sinnett Builders $24,557.00 Final payment for Elgin, IL construction of Wing Park restroom and storage facility. Elgin National $ 1,116.57 City's contribution for Little League improvements to Elgin, IL bleachers and announcer booths at National Little League Complex. Rainmakers Irrigation .$30,128.15 Repair, re-routing, and Plainfield, IL renovation to the irrigation system at Spartan Meadows Golf Course. Lauderdale Electric $23,102.63. Installation of Elgin, IL electrical cable and transformer for the irrigation system at Wing Park .Golf Course. Badger Meter, Inc. $75,708.90 Purchase of residential Milwaukee, WI and commercial meters, and miscellaneous related materials and services in conjunction with the water meter replacement and AMR system program. VOLUME LIX SEPTEMBER 14, 1994 443 Mary Schleich/Elgin Sharks Track Club Elgin, IL BGS & Associates Mount Prospect, IL Instituform Midwest, Inc. Lemont, IL Waste Management West Batavia, IL City of Elgin Elgin, IL Ameritech Bedford Park, IL Fox Valley Fire and Safety Company Elgin, IL Commonwealth Edison Chicago, IL .Halsey Construction Elgin, IL CONSENT AGENDA $ 5,595.00 City's contribution for travel expenses for members of Elgin Sharks Children's Track Club's participation in the National Meet in Gainesville, FL. $ 7,004.25 Removal and disposal of contaminated materials on South Grove Avenue. $37,682.43 Final payment for 1994(A) Sewer System Rehabilitation project. $ 7,196.41 Payment of refuse removal services for River Place. $ 524.58 Payment of water/sewer fees for River Place. $ 93.18 Payment of security alarm line charges for River Place. $ 548.61 Payment of August 1994 fire alarm leasing fee for River Place. $15,217.03 Payment of electrical service for River Place. $16,610.00 Payment for construction services at River Place. (This payment will be made in two monthly installments of $8305.00 each in September and October) Councilman Fox made a motion, seconded by Councilman Gilliam, to pass Ordinance Nos. G40-94 through G45-94, G47-94, S6-94, and adopt Resolution Nos. 94--247, 94-248, and 94-250 through 94-252 by omnibus vote. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 444 SEPTEMBER 14, 1994 VOLUME LIX ORDINANCE G40-94 PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, 5chock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G40-94 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of stop intersections under Section 11,32.030 the following: S. Aldine Avenue.- All vehicles being operated on S. Aldine Avenue must stop at Van Street before crossing or entering the same. E. Highland Avenue. All vehicles being operated eastbound on E. Highland Avenue must stop at Geneva Street before crossing or entering same. Van Street. All vehicles being operated on Van Street must stop at S. Aldine Avenue before crossing or entering the same. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIX SEPTEMBER 14, 1994 445 Presented: September 14, 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G41-94 PASSED AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G41-94 AN ORDINANCE AMENDING THE LIST OF ONE-WAY STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.24 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by removing from the list of one-way streets in the City of Elgin under Section 11.24.020(A) the following: Highland Avenue from Geneva Street to North State Street. Section 2. That Title 11, Chapter 11.24 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by removing from the list of one-way streets in the City of Elgin under Section 11.24.020(C) the following: Geneva Street from East Chicago Street to East Highland Avenue. Section 3. That Title 11, Chapter 11.24 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of one-way streets in the City of Elgin under Section 11.24.020(A) the following: Highland Avenue from Center ,Street to,North State Street. 446 SEPTEMBER 14, 1994 VOLUME LIX Section conflict with repealed. 4. That all ordinances or parts of ordinances in the provisions of this ordinance be and are hereby Section 5. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. sl Geor e VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G44-94 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G44-94 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by delet.ing from the list of streets where parking is prohibited under Section 11.60.050P the following: Villa Street. Villa Street, north side thereof, from Liberty Street to Healy Street. Section 2. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050P the following: VOLUME LIX SEPTEMBER 14, 1994 447 Villa Street. Villa Street, north side thereof, from Percy Court to Sherman Avenue. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Publishedi September 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Cler ORDINANCE G42-94 PASSED REGULATING GROUNDCOVER AND WEEDS Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G42-94 AN ORDINANCE REGULATING GROUNDCOVER AND WEEDS 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 amending Section 16.12.150 to read as follows: "Exterior property not covered by approved paving material shall be covered by natural groundcover in sufficient quantities to reasonably cover all otherwise exposed soil or ground, except as otherwise provided herein. All groundcover shall comply with the noxious weed and height provisions contained in Elgin Municipal Code Sections 9.16.010 through 9.16.060.. The provisions of this section shall not apply to the following: 448 SEPTEMBER 14, 1994 VOLUME LIX a. cultivated flowers and gardens; b. active construction sites; C. areas maintained and utilized for organized sporting or entertainment purposes, which purposes require the existence of particular surfaces other than as provided herein; provided, however, that no such purpose shall be deemed to constitute an exception of the provisions of Elgin Municipal Code, Chapter 9.16; and d. areas which are physically incapable of supporting natural groundcover." Section 2. That Chapter 9.16.020 entitled "Nuisance Declaration" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "It is declared to be illegal for the owners of real estate to permit weeds or noxious weeds as defined in this chapter upon the exterior of such real estate. Any such weeds are declared to be a nuisance." Section 3. That Chapter 9.16.030 entitled "Property owner required to cut" of the Elgin Municipal Code, 1976, is amended to read as follows: "If the owner of any real estate permits weeds in violation of this chapter, the city shall be entitled to cut or kill such weeds in addition to the imposition of any other penalties which may be applicable." Section 4. That Chapter 9.16.040 entitled "Cutting by city -Lien" of the Elgin Municipal Code is amended to read as follows: 9.16.040 Cutting by city -Lien. If weeds are cut or killed by the city or by someone directed to cut or kill 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. VOLUME LIX SEPTEMBER 14, 1994 449 For the purpose of this chapter, cost and expense shall be a sum equal to the actual cost of all cuttings or weed -killing plus an administrative fee equal to the.actual cost of weed cuttings, killing or other service, 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 or killing or other service have been made to secure cost and expenses thereof and nine percent interest per year on the amount, which interest shall begin accruing sixty days after the cost is incurred. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Cler ORDINANCE G43-94 PASSED AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS" Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox,. Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 450 SEPTEMBER 14, 1994 VOLUME LIX Ordinance No. G43-94 AN ORDINANCE AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS" WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt an ordinance amending the city's current water regulations so as to include provisions for automatic meter reading units and provisions for lead service line replacement. NOW, THEREFORE, BE IT ORDAINED BY THE.CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.04.005 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending the definition of "Inside reading" to read as follows: "'Inside reading' means the direct and actual reading of a properly functioning meter by a city employee or agent or a reading obtained electronically by an automatic meter reading (AMR) system operated by the city." Section 2. That Section 14.04.070B of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "B. All meters shall be furnished by the city and shall remain the property of the city. Provided only one water meter shall be furnished by the city for any service .location. Any additional meters required for internal private use at a service location shall be paid for by the customer but shall not be considered a metered location or be read or billed by the city. All meters herein required for air conditioning and air cooling systems shall be paid for by the customer and shall be subject to regulations of the water director regarding installation, inspection and maintenance to the same extent and in the same manner as meters furnished by the city." Section 3. That Section 14.04.070E of the Elgin Municipal Code, 1976,.as amended, be and is hereby further amended to read as follows: "E. All meters for residential service locations shall be required to have an automatic meter reading (AMR) unit as directed by the water director. All other meters shall be required to have an AMR unit as site installation conditions permit to be determined by the water director." VOLUME LIX SEPTEMBER 14, 1994 451 Section Code, 1976, as follows: 4. That Section 14.04.070H of the Elgin Municipal as amended, be and is hereby further amended to read "H. There shall be installed, on the inlet side of the meter, gate valves of an approved design. There shall also be installed on the outlet side of the meter a gate valve of like design.. The meter shall be set in places readily accessible for removal and for reading, and set in such a manner as to prevent freezing or submersion in water. All meters shall have a working clearance on top of not less than sixteen inches and on all other sides of not less than ten inches. There shall also be installed within six feet of all meters in a location approved by the water department an operating telephone jack which is wired into the telephone system on a subject premises." Section 5. That Section 14.04.075 entitled "Meter Conversion" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: "14.04.075 Meter conversion. All water department meters shall be converted to an automatic meter reading (AMR) unit that collects meter readings electronically via telephone lines. The water director shall undertake a systematic program to convert all existing water department meters to AMR units. The AMR units shall be installed at no expense to the customer. The customer shall be required to, allow the city to install the AMR unit in a location approved by the water director." Section 6. That Section 14.04:08OA of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "A. All meters shall be repaired, maintained and replaced by the city as determined necessary by the water director. Such repair, maintenance and replacement shall be at the expense of the customer if the meter is owned by the customer, or if the repairs are made necessary, as determined by the water director, by the act, neglect, or carelessness of the customer or occupant of the property, or where meters are damaged by freezing, hot water, exposure, or improper use." Section 7. That Section 14.04.080D of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 452 SEPTEMBER 14, 1994 VOLUME LZX "D. The city shall have the right to remove, inspect, test, and replace any meter or automatic meter reading (AMR) unit when, in the opinion of the water director, there is reason to believe that the meter or the AMR unit is inaccurate." Section 8. That Section 14.04.090C of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "C. Whenever a new customer is added or deleted, the meter and its ancillary components may be tested or inspected for accuracy at the direction of the water director." Section 9. That Section 14.04.120A of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "A. No person shall in any manner obstruct the access to any stopcock, hydrant, fire hydrant, water meter, automatic meter reading connection, or other dial or valve connected with any water pipes within the city by means of any lumber, brick, building material, fuel, or any other article, thing or hinderance; particularly the obstruction of meters that will interfere with the ready access to meters at any and all times. No person shall disconnect the meter connection with the telephone system providing for the automatic meter reading or otherwise prevent the electronic transmission of meter readings." Section 10. That Sections 14.04.205A, B and C of the Elgin Municipal Code, 1976, as amended, be and are hereby further amended to read as follows: "A. To promote accurate billing, enhance the detection of leaks, and reduce waste, it is the policy of the city to require inside readings or to have those readings collected electronically of all metered properties. Estimated bills and bills based upon customer -submitted postcards, as permitted under Section 14.04.200, shall not constitute an inside reading and shall be subject to the provisions of this section." B. Whenever the city has been unable to obtain an inside reading for three consecutive billing periods, the customer shall be sent a notice that, in the event the city is unable to obtain an inside reading for the next billing period, a surcharge shall be imposed and an automatic meter reading (AMR) unit shall be required as set forth in subsection C below. VOLUME LIX SEPTEMBER 14, 1994 453 C. Whenever the city has been unable to obtain M an inside reading for four consecutive billing periods, the customer shall be required to allow the city to install an automatic meter reading (AMR) unit. The AMR unit shall be installed at no expense to the customer. In addition, a surcharge is imposed whenever the city has been unable to take an inside reading for four or more consecutive billing periods. This surcharge shall be assessed each billing period, shall be in addition to the estimated bill or bills based upon a customer -submitted postcard and shall be in addition to any other actions permitted pursuant to this chapter. The surcharge imposed shall be in an amount equal to the water charges for 10,000 cubic feet of water. The surcharge shall continued to be imposed for each billing period until a shutoff or disconnection has occurred, or an accurate inside reading has been taken and an AMR unit installed. The surcharge shall be a credit toward actual water use when an accurate inside reading is ultimately taken. Return of the surcharge in excess of actual consumption shall be conditioned upon the installation of the AMR unit." Section 11. That Sections 14.04.235E and D of the Elgin Municipal Code, 1975, as amended, be and are hereby further amended to read as follows: "B. The water director may cause water service for any metered location to be shut off for nonpayment of water charges, failure to permit inside reading, failure to comply with the city's cross -connection program, unauthorized bypassing or alteration of meter or remote reading devices or automatic meter reading units, refusal to permit access as required under Section 14.04.050, failure to comply with a conversion of a metering device to an automatic meter reading unit, or a violation of any provision of this chapter or any rule or regulation of the water director, finance director or related to the administration of this chapter. D. Water service may be disconnected and removed from the city's water system for the following reasons: 1. If water service is connected or turned on at any location without prior approval of the city; 2. If a meter or an automatic meter reading (AMR) unit required under this code is bypassed or tampered with in such a manner so that readings are reduced; or . 454 SEPTEMBER 14, 1994 VOLUME LIX 3. If a shut off is authorized for a metered property within a multiple metered service location." Section 12. That Section 14.04.380 entitled "Lead Service Line Replacement" be and is hereby added to the. Elgin Municipal Code, 1976, as amended, to read as follows: "A. Where lead service lines are installed and the customer requests replacement due to concern regarding lead exposure, the water department will conduct a sampling procedure to determine if the lead concentration in those lines is greater than the then current federal and state environmental protection agency action limits. B. Prior to the initial sample collection, the customer shall pay the water department a fee for the city's labor and lab cost. Salary cost shall be based upon two hours overtime, including benefits, for a water laboratory assistant. Lab costs shall be those actually charged by a private laboratory. This fee shall be refunded if the first sample exceeds the then current federal and state environmental protection agency action limits and paid after both sections of the service line have been replaced. This fee is not refundable should the first sample of concentration be less than the then current federal and state environmental protection agency action limits. C. The customer must cooperate with the water department sampling protocol. A departmental employee will flush the faucet to be sampled prior to the six hour holding period. This faucet will be tagged and not used until the water department employee returns and collects the sample. D. If the sample taken exceeds the then current federal and state environmental protection agency action limits, the city will replace its portion of lead service line at no cost provided that the customer replaces his section prior to work or concurrent with the replacement of the city's .portion. Should the sample taken be less than the then current federal and state environmental protection agency action limits, the city will not provide for free replacement of its portion of the service line. E. Upon replacement of the service line by both the city and the customer, the city may at the discretion of the water director collect a second sample following the same procedure as for the first VOLUME LIX SEPTEMBER 14, 1994 455 sample. The customer will not be charged for this second sample." Section.1-3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 14.. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum; City Clerk RESOLUTION 94-247 ADOPTED APPROVING. CHANGE ORDER NO. 1 IN THE CONTRACT WITH GAFFNEY'S PMI FOR THE LARKIN EDISON SIGNAL, IMPROVEMENTS Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-247 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH GAFFNEY'S PMI FOR THE LARKIN EDISON SIGNAL IMPROVEMENTS WHEREAS, the City of Elgin has heretofore entered into a contract with Gaffney's PMI for the Larkin Edison Signal Improvements; 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 456 SEPTEMBER 14, 1994 VOLUME LIX No. I, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Adopted: September 14, 1994 Omnibus Vote: Yeas 7 Nay's 0 Attest: ,s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-248 ADOPTED APPROVING LOAN UNDER THE SPECIAL BUSINESS LOAN PROGRAM FOR BUILDING IMPROVEMENTS IN ELGIN CENTER CITY Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-248 RESOLUTION APPROVING LOAN UNDER THE SPECIAL BUSINESS LOAN PROGRAM FOR BUILDING IMPROVEMENTS IN ELGIN CENTER CITY WHEREAS, the City of Elgin and certain banks and savings and Joan institutions have established a special business loan program for building improvement in Center City Elgin for revitalization purposes; and, WHEREAS, Judith Hines has submitted an application to Union Bank for loan under the special business loan program; and, WHEREAS, the Union Bank. has approved this loan under the special business loan program; and, WHEREAS, the loan is for the improvement of a type of business located in an area of the Center City of Elgin which meets the eligibility requirements of the special business loan program; and, WHEREAS, the loan application meets the general requirements concerning type of financing, contractor bids of the special Joan program; and VOLUME LIX SEPTEMBER 14, 1994 457 WHEREAS, the loan applicant meets the qualifying standards as set out in the ,special business loan program; and WHEREAS, it is determined that funds are available for the loan, the development plans are compatible with the Center City development plans, and the application is in adherence to the objectives and regulations of the program. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, are hereby authorized to approve the special business program loan as set forth in the loan approval of the Union Bank attached hereto and made a part hereof by reference, and to make monthly interest payments in the amount of prime plus 1 (one) percent to a ceiling of fourteen (14) percent minus six (5) percent so long as the borrower continues to make regularly scheduled loan payments. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Adopted: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-250 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DARRYL ABBOTT REGARDING GARAGE LOCATED AT FIRE BARN #5 MUSEUM Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-250 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DARRYL ABBOTT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, I.LLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to µ execute an agreement on behalf of the City of Elgin for sale of the garage located at Fire Barn #5 Museum to Darryl Abbott, a 458 SEPTEMBER 14, 1994 VOLUME LIX copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Adopted: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-251 ADOPTED AUTHORIZING THE ELGIN PUBLIC MUSEUM BOARD OF DIRECTORS TO PROCEED WITH FUND RAISING PLAN Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-2.51 RESOLUTION AUTHORIZING ELGIN PUBLIC MUSEUM FUND RAISING PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Elgin Public Museum Board of Directors is authorized to proceed with their fund raising plan and initiative and to include this proposal in the City's 5-year financial plan proposals. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Adopted: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0. Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LIX SEPTEMBER 14, 1994 459 ORDINANCE S6-94 PASSED ANNEXING TERRITORY LOCATED NORTH OF BIG TIMBER ROAD, WEST OF RANDALL ROAD; BY SHERMAN HEALTH SYSTEMS, AS APPLICANT, AND C AND L FARMS, INCORPORATED, AS OWNER (PETITION 04-93) Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. S6-94 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (North of Big Timber Road, West of Randall Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes -therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notice of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, AND THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 4, TOWNSHIP 41 NORTH, BOTH IN RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST QUARTER OF SECTION 31; THENCE NORTH 88 DEGREES 47 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 558.23 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 06 MINUTES '07 SECONDS WEST, A DISTANCE OF 463.27 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 472.03 FEET TO A NORTH LINE OF DOCUMENT 1261098 AS MONUMENTED; THENCE NORTH 88 460 SEPTEMBER 14, 1994 VOLUME LIX DEGREES 30 MINUTES 53 SECONDS WEST, ALONG SAID MONUMENTED LINE, A DISTANCE OF 8.18 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 03 MINUTES. 59 SECONDS WEST, ALONG A WEST LINE OF SAID DOCUMENT NO. 1261098 AS MONUMENTED AND THE SOUTHERLY EXTENSION. THEREOF, A DISTANCE OF 871.27 FEET TO A LINE THAT BEARS SOUTH 88 DEGREES 51 MINUTES 39 SECONDS WEST FROM A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER THAT IS 1782.69 FEET, AS MEASURED ALONG SAID EAST LINE, SOUTHERLY OF THE AFORESAID NORTHEAST CORNER OF THE SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 51 MINUTES 39 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 579.42 FEET TO THE SAID POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER THAT IS 1782.69 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREE 41 MINUTES 39 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 870.78 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 31; THENCE NORTH 88 DEGREES 35 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, ALSO BEING THE NORTH LINE OF AFORESAID SECTION 4, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF LAND CONVEYED TO THE COUNTY OF KANE BY QUIT CLAIM DEED RECORDED APRIL 3, 1978 AS DOCUMENT NO. 1450702; THENCE SOUTH 01 DEGREE 41 MINUTES 39 SECONDS WEST, ALONG THE WEST LINE OF SAID LAND CONVEYED BY DOCUMENT NO. 1450702, A DISTANCE OF 121.26 FEET TO THE SOUTHWEST CORNER THEREOF, ALSO BEING A POINT ON THE NORTH PROPERTY LINE OF THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE NORTH 88 DEGREES 18 MINUTES 21 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 286.85 FEET TO THE NORTHWEST CORNER OF SAID AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE SOUTH 33 DEGREES 27 MINUTES 17 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 376.25 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE NORTH 56 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 603.71 FEET; THENCE NORTHWESTERLY, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22951.30 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 299.08 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 31; THENCE NORTH 01 DEGREE 44 MINUTES 17 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 1282.45 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3.1; THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST VOLUME LIX SEPTEMBER 14, 1994 461 QUARTER OF SECTION 31, A DISTANCE OF 395.00 FEET; ` THENCE NORTH 03 DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 870.70 FEET TO A LINE THAT BEARS NORTH 88 DEGREES 18 MINUTES 23 SECONDS WEST FROM THE POINT OF BEGINNING.; THENCE SOUTH 88 DEGREES 18 MINUTES 23 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 1128.31 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN DUNDEE AND ELGIN TOWNSHIPS, KANE COUNTY, ILLINOIS AND CONTAINING 62.12 ACRES MORE OR LESS. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage and publication in pamphlet form or by newspaper in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 1.5, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G45-94 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY LOCATED NORTH OF BIG TIMBER ROAD, WEST OF RANDALL ROAD; BY SHERMAN HEALTH SYSTEMS AS APPLICANT, AND C AND L FARMS, INCORPORATED, AS OWNER (PETITION.04-93) Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G45--94 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (North of Big Timber Road, West of Randall Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and 462 SEPTEMBER 14, 1994 VOLUME LIX WHEREAS, territory in and written application has been made to classify said the ORI Office, Research and Industrial District; WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted.its written findings and recommendation; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the ORI Office, Research and Industrial District, the following described property: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, AND THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 4, TOWNSHIP 41 NORTH, BOTH IN RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST QUARTER OF SECTION 31; THENCE NORTH 88 DEGREES 47 MINUTES 4.5 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 558.23 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 463.27 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02 DEGREES 06 MINUTES 0.7 SECONDS WEST, A DISTANCE OF 472.03 FEET TO A NORTH LINE OF DOCUMENT 1261098 AS MONUMENTED; THENCE NORTH 88 DEGREES 30 MINUTES 53 SECONDS WEST, ALONG SAID MONUMENTED LINE, A DISTANCE OF 8.18 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 03 MINUTES 59 SECONDS WEST, ALONG A WEST LINE OF SAID DOCUMENT NO. 1261098 AS MONUMENTED AND THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 871.27 FEET TO A LINE THAT BEARS SOUTH 88 DEGREES 51 MINUTES 39 SECONDS WEST FROM A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER THAT IS 1782.69 FEET, AS MEASURED ALONG SAID EAST LINE, SOUTHERLY OF THE AFORESAID NORTHEAST CORNER OF THE SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 51 MINUTES 39 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 579.42 FEET TO THE SAID VOLUME LIX SEPTEMBER 14, 1994 463 POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER THAT IS 1782.69 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREE 41 MINUTES 39 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 870.78 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 31; THENCE NORTH 88 DEGREES 35 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, ALSO BEING THE NORTH LINE OF AFORESAID SECTION 4, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF LAND CONVEYED TO THE COUNTY OF KANE BY QUIT CLAIM DEED RECORDED APRIL 3, 1978 AS DOCUMENT NO. 1450702; THENCE SOUTH 01 DEGREE 41 MINUTES 39 SECONDS WEST, ALONG THE WEST LINE OF SAID LAND CONVEYED BY DOCUMENT NO. 1450702, A DISTANCE OF 121.26 FEET TO THE SOUTHWEST CORNER THEREOF, ALSO BEING A POINT ON THE NORTH PROPERTY LINE OF THE AMERICAN NATIONAL BANK AND TRUST COMPANY - OF CHICAGO, TRUST NO. 77704; THENCE NORTH 88 DEGREES 18 MINUTES 21 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 286.85 FEET TO THE NORTHWEST CORNER OF SAID AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO 77704; THENCE SOUTH 33 DEGREES 27 MINUTES 17 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 7770`4 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 376.25 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE NORTH 56 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 603.71 FEET; THENCE NORTHWESTERLY, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22951.30 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 299.08 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 31; THENCE NORTH 01 DEGREE 4.4 MINUTES 17 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 1282.45 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE. OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 31, A DISTANCE OF 395.00 "FEET; THENCE NORTH 03 DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 870.70 FEET TO A LINE THAT BEARS NORTH 88 DEGREES 18 MINUTES 23 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 18 MINUTES 23 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 1128.31 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN DUNDEE AND ELGIN TOWNSHIPS, KANE COUNTY, ILLINOIS AND CONTAINING 62.12 ACRES MORE OR LESS." 464 SEPTEMBER 14, 1994 VOLUME LIX Section 2. That this ordinance shall be in full force and effect immediately after its passage and publication in pamphlet form or by newspaper in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 15, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G47-94 PASSED PROVIDING FOR THE LICENSING AND INSPECTION OF RENTAL RESIDENTIAL PROPERTY Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam., Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G47-94 AN ORDINANCE TO PROVIDE FOR THE LICENSING AND INSPECTION OF RENTAL RESIDENTIAL PROPERTY WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to provide for the licensing and inspection of rental residential properties within the .City; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,. the licensing and inspection of rental residential property 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: VOLUME LIX SEPTEMBER 14, 1994 465 Section 1. That Chapter 6.37 entitled "Rental wv. Residential Property" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended in its entirety to read as follows: "Chapter 6.37 RENTAL RESIDENTIAL PROPERTY 6.37.010 Purpose. The purpose of this chapter is to provide for. the licensing and inspection of rental residential property so as to protect the public health, safety and welfare of the people of the city including: A. To protect the public health and safety by insuring rental units comply with minimum housing standards of city ordinances. B. To protect the character and stability of residential areas. C. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well being of persons occupying dwellings. D. To prevent the overcrowding of dwellings by requiring compliance with minimum space standards per occupant for each dwelling unit. E. To facilitate the enforcement of minimum standards for the maintenance of existing residential buildings and thus to prevent slums and blight. F. To preserve the value of land and buildings throughout the city. 6.37.020 Provision of Inspection Rights and Penalties. This. chapter shall not be construed as to restrict the right of this city to inspect any property nor to seek penalties for violations of other provisions of this code. 6.37.030 Definitions. A. "Multiple Family Rental Residential Property" means rental residential property with two or more dwelling units. B. "Property Agent" means a person, operator, firm, partnership, corporation, or other legal entity designated in writing by the property owner to the Code Official to manage a rental residential property including the authority to receive notices or citations. 466 SEPTEMBER 14, 1994 VOLUME LIX C. "Rental Residential. Property" means residential structures or dwelling units let or intended to be let for rent or lease. D. "Tenant" means an occupant of rental residential property. E. Words or phrases as used in this chapter and not herein defined shall be defined as provided by the BOCA National Property Maintenance Code, 1990, and BOCA National Building Code, 1990, as amended. 6.37.040 License Required. A. It is unlawful for any person, firm, partnership, corporation or other legal entity to operate, maintain or offer to rent within the city a rental residential property whether vacant or not without first obtaining a license or a temporary certificate as provided in this chapter. B. It is unlawful for a person to occupy a rental residential property, or for any owner or property agent to allow anyone to occupy a rental residential property which is not licensed or which is without a temporary certificate as provided in this chapter. C. It is unlawful for any person, firm, partnership, corporation or other legal entity to offer for rent or to occupy any vacant dwelling unit or any dwelling unit that becomes vacant in a rental residential property for which a license is under suspension. D. This chapter shall not apply to the following structures: 1. Single family owner occupied buildings. 2. Single family buildings occupied by a member of the owner's family. 3. Single family buildings which are vacant but which are not intended to be let for rent. 4. Townhouse and condominium owner occupied units. 5. Hotels, motels, and other structures which rent rooms to occupants which are primarily transient in nature, and making use of the facilities for a period of less than thirty (30) days. 6. Dwellings, buildings, structures and uses licensed and inspected by the State or the federal government, including but not limited VOLUME LIX SEPTEMBER 14, 1994 467 to, nursing homes, retirement centers, rest homes, etc. 7. Dwellings, buildings, structures and uses owned by other governmental agencies and public housing authorities. E. A license or a temporary certificate for a rental residential property cannot be transferred to another rental residential property nor a succeeding owner. 6.37.050 License Application. A. Each applicant for a license to maintain a residential property for the purpose of renting it to others shall file a written application with the Code Official stating: 1. The full legal name, address, and home and work telephone numbers of each and every owner. 2. The address of the rental residential property. 3. The number of dwelling units within the rental property. 4. in the case of an owner who is not a resident `- of the city, the name, address and phone number of his/her agent with authority for receipt of service or notice of a violation of the provisions of this chapter. 5. Whenever there is a change in the ownership of a rental residential property or the owner's property agent, the owners shall within thirty (30) days of such changes, file an updated written . notice with the Code official indicating such changes. 6. The total square footage designated for living and sleeping purposes by the City's Property Maintenance Code. 7. Approval must be obtained from the Code Official prior to any change being made in the number of units within a licensed property. Application for such change shall be made on a form provided by the Code Official. The Code Official will review the proposed change and respond to the property owner within thirty (30) days of the filing of the application. Any and all changes must meet all zoning and building code requirements. 468 SEPTEMBER 14, 1994 VOLUME LIX B. Each application for a new license or a renewal of an existing license shall be accompanied by a fee of $25.00 for single family rental residential properties and $50.00 for multiple family residential properties. in addition thereto, a dwelling unit fee of $25.00 will be added for each dwelling unit to be inspected in excess of one. All such fees shall be payable at the office of the City's Director of the Department of Finance. C. The 1995 license fee for property currently registered pursuant to the City's rental registration program shall be reduced in the amount of $6.25 for each full year remaining on the current registration for a property. D. All license fees shall be due and payable on or before January lst of each year. All licenses shall expire on December 31st, next day after the date of issue. 6,37.060 Inspection Requirements --Temporary Certificate— License Issuance or Denial. A. An inspection shall be scheduled with the Code Official at the time of the application for a license for a multiple family residential property. No inspection shall be required for single family rental residential properties. B. Upon receipt of a completed application for a license for single family rental residential properties including the payment of all required fees, the Code Official, after determining the rental residential property in conformance with the City's zoning ordinance and is not otherwise in violation of this code, shall issue a license. C. Upon receipt of a completed application for a license for a multiple family rental residential property including the payment of all required fees and the scheduling of a required licensing inspection, the Code Official shall issue a temporary certificate indicating that a license has been duly applied for, and that such license shall be issued or denied after the property has been inspected for compliance with applicable city codes. A temporary certificate, as issued, shall authorize continued occupancy of the rental residential property pending the issuance or denial of the applied for license. D. Licensing inspections of multiple family rental residential property shall include the building exterior, common areas, basement, and twenty percent (20%) of the individual dwelling units with a minimum of at least one dwelling unit. The Code Official or his designee will determine which dwelling units are to be inspected. E. When a licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the Code Official. In VOLUME LIX SEPTEMBER 14, 1994 469 establishing a compliance time frame, the Code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations. The Code Official shall send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. Said notice shall include the following: 1. Description of the property sufficient for identification; 2. A statement listing the violations of applicable codes; 3. A statement of the date upon which the licensing re -inspection will occur; and 4. An explanation that if upon completion of the licensing re -inspection that the requirements of applicable City codes have not been met, a written denial of the license application revoking the temporary certificate will be issued. F. A licensing re -inspection will be conducted at the end of the compliance time frame. Upon completion of the licensing re -inspection of the rental residential property, a license shall be issued if the rental residential property meets the requirements of applicable City codes. If the Code Official finds that the requirements of applicable City codes have not been met, a written denial of the license application revoking the temporary certificate and specifying the defects shall be transmitted by regular U.S.. mail to the applicant. G. A rental residential property which is in total compliance at the time of the licensing inspection shall receive a one year extension of the license at no additional charge and with no additional inspections being required. H. If during a licensing inspection any dwelling unit is determined to be unfit for human occupancy as specified in the City's Property Maintenance Code, an additional twenty percent (20%) of the dwelling units in the subject rental residential property will be inspected. If similar violations are observed in the additional dwelling units, the entire rental residential property will be subject to inspection. All additional dwelling units inspected shall be subject to the dwelling unit fee as set forth in Section 6.37.050B of this ordinance. 470 SEPTEMBER 14, 1994 VOLUME LIX I. The number of dwelling units to be inspected per rental residential property shall be calculated using the following table: Number of Dwelling Units'on Property 2-5 6-10 11-15 16--20 2.1-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 Number of Dwelling Units to be Inspected 1 2 3 4 5 6 7 8 9 10 11 12 Properties having in excess of sixty (60) units shall have the number of dwelling units to be inspected calculated at twenty percent (20%) of the total number of dwelling units. The dwelling units to be inspected shall be selected by the Code Official. J. Any inspections made necessary because of cited violations not being corrected at the time of the initial license inspection shall be subject to the reinspection fees as set forth in Chapter 16.48 of this code, as amended. K. Applications for license renewals shall be made in the same manner as for new applications except that such applications shall state thereon such fact. 6.37.070 Enforcement. It shall be the duty of the Department of Code Administration to enforce the provisions of this chapter as authorized by the Elgin Municipal Code and the BOCA National Property Maintenance Code as adopted and amended by the City of Elgin. 6.37.080 Violations. The following shall constitute violations of this chapter: A. Failure of the owner or owners of the rental residential property to license such property with the Code Official. B. Failure of the occupants of the rental residential property to vacate such property within sixty (60) days after receiving notice from the Code Official that such property is VOLUME L1X SEPTEMBER 14, 1994 471 not properly licensed or that the license or certificate has been revoked. temporary C. Failure of the owner of the rental property to vacate all tenants from said property within sixty (60) days after the license or temporary certificate has been revoked. D. Failure of the owners of the rental property to maintain the structure and premises in compliance with applicable building, property maintenance and zoning ordinances. E. Any person other than an inspector from the Department of Code Administration who removes or defaces any notices which have been posted pursuant to this chapter without the approval of the Code Official shall be liable for the penalties provided for by this chapter. 6.37.090 License -Suspension and Revocation. A. A license may be suspended when violations of applicable city codes have been identified by the Department of Code Administration and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct violations, but has failed to do so. A license may also be suspended when any information provided in the license application is determined by the Code Official to be false. B. When an inspection of a licensed rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the Code Official using the standard as set forth in Section 6.37.060E. The Code Official shall send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. Said notice shall include the following: 1. Description of the property sufficient for identification; 2. A statement listing the violations of applicable codes; 3. A statement on the date upon which a reinspection will occur; and 4. An explanation that if upon completion of the reinspection that the requirements of applicable City codes have not been met, that the license for the rental residential property will be suspended. C. A reinspection will be conducted at the end of the compliance time frame. If the Code Official finds that the requirements of applicable City codes have not been met upon 472 SEPTEMBER 14, 1994 VOLUME LIX the completion of such reinspection, the license for the rental residential property shall be suspended. D. When a license is suspended, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license. application. Said notice shall be sent by certified mail, return receipt requested. The notice shall include the following: 1. Description of the property sufficient for identification; 2. A statement of the reasons for the suspension; 3. An explanation of the property owners right to appeal the suspension; 4. If the property owner' changes his address or changes property agents and fails to notify the Department of Code Administration, such notice shall be sufficient if sent by certified mail to the owner or his property agents last address provided on the last license application. E. A property owner whose license has been suspended may request a reinspection prior to revocation. If, upon reinspection, the Department of Code Administration finds that the licensed property in connection with which the notice was issued is now in compliance with this chapter, the Code official may reinstate the license. The request for a reinspection shall not stay the revocation of the license unless the Code Official grants such request pursuant to a showing of good cause by the property owner. F. Any person whose license has been suspended shall be entitled to appeal the suspension to the Property Maintenance Board of Appeals by filing a petition as set forth in Section 16.12.080 of this code. A hearing shall be scheduled within ten (10) working days of receipt of, a timely petition. The Property Maintenance Board of Appeals in considering any such petition may immediately revoke the license, continue the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges and reinstate the license. The Property Maintenance Board of Appeals shall render a decision within five (5) working days after the hearing with such decision being final. G. A license may be revoked when a petition for appeal has not been filed within twenty (20) days following the date of issuance of an order of suspension, or, if the suspension is sustained after appeal. A license may also be revoked when in the opinion of the Code Official emergency conditions exist in a rental residential property that require the immediate VOLUME LIX SEPTEMBER 14, 1994 473 vacating of a structure as specified in the City's Property Maintenance Code. H. A license which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license as set forth in this chapter. I. If a license is revoked without having the opportunity of a suspension hearing, the property owner has - the right to appeal that revocation. Said appeal shall conform to Subsection F of this section. Such an appeal shall operate as a stay of the revocation until such time as the Property Maintenance Board of Appeals renders a decision on the appeal. J. Whenever a temporary certificate or a license is revoked, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Said notice shall be sent by registered mail, return receipt requested. The Code Official shall also notify all tenants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following: 1. You are hereby notified that the temporary certificate or license for this structure has been revoked pursuant to Chapter 6.37 of the Elgin Municipal Code. 2. You must vacate this structure within sixty (60) days of the date of this notice. 3. If you fail to vacate this structure, you will be in violation of Chapter 6.37 of the Elgin Municipal Code and subject to penalties of fines with a minimum of $50.00 and a maximum of $500.00 for each day you are in violation. K. Whenever an owner or property agent of a rental property fails to license said property with the Department of Code Administration, the Code Official shall notify all tenants of the rental property by posting a notice on all entrances to the rental property indicating the following: 1. You are hereby notified that the owner or agent of this rental structure has failed to license this rental property with the Department of Code Administration in violation of Chapter 6.37 of the Elgin Municipal Code. 2. You must vacate this structure .within sixty (60) days of this notice. 474 SEPTEMBER 14, 1994 VOLUME LIX 3. If you fail to vacate this structure, you will be subject to the penalties and fines with a minimum of $50.00 and a maximum of $500.00 for each day you are in violation. 6.37.100 Owner Responsibility. A. The owner of a rental residential property shall maintain a record for each property with. the full legal names of every tenant in each dwelling unit. B. The. owner or property agent of a rental residential property shall provide each tenant with the name and telephone number of a responsible person who, in emergency situations, will be available on a 24 hour basis and who has the authority to make repairs as needed. The owner shall also cause said information to be posted and maintained within the main entryway of every rental residential structure. C. The owner of a rental residential property shall inform each tenant in writing, prior to occupancy, of the. maximum number of persons allowable by the occupancy standards of the City's Property Maintenance Code. This number shall be determined by the Code Official. D. The owner of a rental residential property shall make available to the Code Official upon request, the occupant records required to be maintained under this section. 6.37.110 Inspection Access. If any owner, property agent, occupant or other person. in control of a rental residential property or a dwelling unit contained therein fails or refuses to consent to free access and entry to the property or dwelling unit under his control for any inspection pursuant to this ordinance, the Code Official or his designee may apply to the Circuit Court for a search warrant or other appropriate court order authorizing such inspections. 6.37.120 No Effect on Leases. This chapter is not intended to and does not affect the rights and obligations of the parties to a lease, oral or written, of a rental residential property. 6.37.130 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. VOLUME LIX SEPTEMBER 14,.1994 475 6.37.140 Effective Date. The provisions of this chapter shall be in full force and effect from and after January 1, 1995." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. _s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-252 ADOPTED APPOINTING DONALD GIBBINS TO THE NEW CENTURY PARTNERSHIP OF ELGIN Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-252 RESOLUTION APPOINTING DONALD GIBBINS TO THE NEW CENTURY PARTNERSHIP OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN., ILLINOIS, that the New Century Partnership of Elgin, an Illinois not -for -profit corporation, is hereby created to assist in the redevelopment and revitalization of the Region's Center. BE IT FURTHER RESOLVED that Donald Gibbins is hereby appointed to membership on the Board of Directors of said New Century Partnership of Elgin. sl George VanDeVoorde George VanDeVoorde, Mayor 476 SEPTEMBER 14, 1994 VOLUME LIX Presented: September 14, 1994 Adopted: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 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. Department of Code Administration Permit Report for July and August 1994 Elgin Area Convention and Visitors Bureau Minutes for July 7, 1994 and August 4, 1994 Parks and Recreation Advisory Board Minutes for July 26, 1994 Planning and Development Commission Minutes for July 18, 1994 and August 1, 1994 Zoning and Subdivision Hearing Board Minutes for August 3, 1994 Traffic Committee Minutes for August 9, 1994 Committee of the Whole Minutes for August 1.0, 1994 City Council Minutes for August 10, 1994 August 1994 Disbursement Report ANNOUNCEMENTS Mayor VanDeVoorde made announcements regarding forthcoming meetings, including the special Committee of the Whole/Retreat on September 21, 1994, at 5 p.m. at the Elgin Academy Sears Gallery, for discussion of the five-year financial plan. ADJOURNMENT Councilwoman Popple made a motion, seconded by Councilman Fox, 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 8:50 p.m. Dolonria Mecum, City Clerk September 28, 1994 Date Approved VOLUME LIX SEPTEMBER 28, 1994 477 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 September 28, 1994, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:05 p.m. The Invocation was given by Reverend Roger Pollock, and the Pledge of Allegiance was led by Corporation Counsel Jentsch. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Absent: Councilmember Schock. MINUTES OF THE SEPTEMBER 14, 1994,..COUNCIL MEETING APPROVED AS PUBLISHED Councilman Fox made a motion, seconded by Councilwoman Yearman, to approve the September 14, 1994, Council Minutes as published. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RECOGNIZE PERSONS PRESENT Judy Browne, 636 Park Street, as President of the Lord's Park Association, thanked the city manager and department heads for participating in the first Lord's Park neighborhood walk. She also requested the Council's consideration to remove Route 25 from Liberty Street and.conduct a study regarding the north --south traffic patterns. Peter Simon of Elgin Riverboat Resort advised the Council that approximately two-thirds of the jobs have been filled for the riverboat, and 26 percent of the people employed so far listed Elgin as their home address. He anticipates that additional employees will be relocating to Elgin. He also turned over a check in the amount of $29,166.66 to the City. This represents the first of 60 equal payments in accordance with the amended development agreement which provides that the developer will pay the City the sum of $350,000 per year for five years to defray law enforcement. costs. 478 SEPTEMBER 28, 1994 VOLUME LIX�`:." BID AWARDED FOR 1994/1995 INSURANCE PROGRAM Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to approve the recommendation as follows: To accept the $25,000 SIR "All Lines" aggregate proposal from R. C. Hanchette and Associates for a total actual base cost of $642,702, which included the Contingent Business Interruption coverage on riverboat operations. To accept the renewal quotation from Management Services Inc. for city's Worker's Compensation Claims administration for a total cost of $25,000. To continue to maintain the city -controlled SIR annual loss fund of $390,000 for General Liability claims and $560,00.0 for Worker's Compensation claims within the structure of our Risk Management. Fund. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanbeVoorde. Nays: None. BID 94-072 AWARDED FOR WATER TREATMENT CHEMICALS Councilman Fox made a motion, seconded by Councilwoman Popple, to approve the recommendation as follows: a. To award a separate one-year supply contract for the period October 1, 1994 through September 30, 1995 to the evaluated low bidder for the following three chemicals: Chemical Award to Est. Annual Actual Contract Unit Price Value Caustic Soda Alexander Chemical $ .12 /lb $ 720 Ammonia Alexander Chemical .064 /lb 10,240 Chlorine Alexander Chemical .1825/lb 63,875 b. To award separate two-year supply contracts for the period October 1, 1994 through September 30, 1996. to the evaluated low bidders for the following two chemicals: Chemical Award to Est. Ave. 1st Yr 2nd Yr Annual Unit Unit Contract Price price Value Soda Ash General Chemical $ .06791/lb $ .06941/lb $115,447 Permanganate Carus Chemical 1.3021 /lb 1.3021 /lb 65,105 VOLUME LIX SEPTEMBER 28, 1994 479 Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID 94-064 AWARDED FOR REPLACEMENT .OF GRANULAR ACTIVATED CARBON AT THE RIVERSIDE WATER TREATMENT PLANT Councilman Walters made a motion, seconded by Councilwoman Popple, to award the aforementioned bid to the lowest, responsible bidder, Norit Americas, Inc., in the amount of $7,580.00. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID 94-073 AWARDED FOR PRAIRIE/GIFFORD COMMUNITY DEVELOPMENT BLOCK GRANT CONCRETE REPAIR PROJECT Councilman Fox made a motion, seconded by Councilman Walters, to award the aforementioned project to B. Scavelli in the amount of $17,691.75. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID 94-074 AWARDED FOR ARCHITECTURAL SURVEY OF THE MICHIGAN TRIANGLE AREA FOR THE ELGIN HERITAGE COMMISSION Councilman Walters made a motion, seconded by Councilwoman Yearman, to award the contract for the aforementioned survey to the low bidder, Gilmore Architects, in the amount of $3,790.00. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID 94-052 FOR TRUCKS AND RQ 2296 FOR SPREADERS_ AWARDED FOR PUBLIC WORKS Councilman Fox made a motion, seconded by Councilwoman Popple, to award separate contracts to the overall, low bidders, as follows: To Freund International for two 1995 International Model 4900 dump trucks in the amount of $135,548.00. To Triangle Fabrication & Body Company for five Swenson Model SADS under -tailgate salt spreaders in the amount of $11,870.00. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 480 SEPTEMBER 28, 1994 VOLUME LI.X DVTTTTnM n1- STING PRELIMINARY PLAT APPROVAL Councilman Gilliam made a motion, seconded by Councilwoman Popple, to approve Petition 03-93, subject to recommendations. Yeas: None. Nays: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. CONSIDERATION OF PETITION 10-94 TABLED REQUESTING PRELIMINARY PLAT OF SUBDIVISION APPROVAL FOR HEARTLAND MEADOWS SUBDIVISION; PROPERTY LOCATED AT 2275 BOWES ROAD:; BY SUNDANCE HOLDINGS, INC. AS APPLICANT AND OWNER After discussion concerning unresolved issues and the proposed size of the lots in the subdivision, Councilman Gilliam made a motion, seconded by Councilman Walters, to table consideration of Petition 10-94 to the next meeting. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION 27-94 APPROVED REQUESTING CONDITIONAL USE APPROVAL FOR A CAR WASH IN THE CI COMMERCIAL INDUSTRIAL DISTRICT; PROPERTY LOCATED AT 928 EAST CHICAGO STREET; BY ANTON AND LAUREL ENGELMANN, AS APPLICANT AND OWNER Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve Petition 27-94, subject to conditions. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION 94-274 ADOPTED AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH CAPITAL VENTURES DEVELOPM CORPORATION (DUNDEE/SUMMIT TIF DISTRICT) Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None.. Resolution No. 94-274 RESOLUTION AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH CAPITAL VENTURES DEVELOPMENT CORPORATION 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 termination agreement on behalf of the City of Elgin, with VOLUME LIX SEPTEMBER 28, 1994 481 Capital Ventures Development Corporation, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-255 ADOPTED AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH TLC REDEVELOPMENT GROUP DUNDEE/SUMMIT TIF DISTRICT Councilwoman Poppie made a motion, seconded by Councilman Fox, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94--255 RESOLUTION AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH TLC REDEVELOPMENT GROUP 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 redevelopment agreement on behalf of the City of Elgin, with TLC Redevelopment Group, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde _ George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 482 SEPTEMBER 28, 1994 VOLUME LIX RESOLUTION 94-270 ADOPTED AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH NASAKHOUNE SIPHENGPHONE Councilman Fox made a motion, seconded by Councilman Walters, to adopt the following resolution: Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-270 RESOLUTION AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH NASAXHOUNE SIPHENGPHONE 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 Employment Agreement on behalf of the City of Elgin with Nasakhoune Siphengphone for her services as a community outreach worker, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE S7-94 PASSED ESTABLISHING A HOME RULE MUNICIPAL RETAILERS' AND SERVICE OCCUPATION TAX EXEMPTING CERTAIN FOOD, DRUGS AND MOTOR VEHICLES Councilwoman Popple made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, and Mayor VanDeVoorde. Nays: Councilwoman Yearman. VOLUME LIX SEPTEMBER 28, 1994 483 Ordinance No. S7-94 AN ORDINANCE ESTABLISHING A HOME RULE MUNICIPAL RETAILERS' AND SERVICE OCCUPATION TAX EXEMPTING CERTAIN FOOD, DRUGS AND MOTOR VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in this municipality at the rate of 0.75% of the gross receipts from such sales made in the course of such business while this ordinance is in effect; and a tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of service, at the rate of 0.75% of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. Such "Home Rule Municipal Retailers' Occupation Tax" and the "Home Rule Municipal Service Occupation Tax" shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. The imposition of these home rule taxes are in accordance with the.provisions of Section 8-11-1 and 8-11-5, respectively, of the "Illinois Municipal Code" (65 ILCS 5/8-11-1 and 5/8-11-5 (1992 State Rev. Edition)). Section 2. The taxes hereby imposed, and all civil penalties that may assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this ordinance. Section 3. The City Clerk is hereby directed to file a certified copy of this ordinance with the Illinois Department of Revenue on or before the first day of October. Section 4. This ordinance shall take effect on the first day of January next following the adoption and filing of this ordinance with the Department of Revenue. s/ George VanDeVoord_e George VanDeVoorde, Mayor 484 SEPTEMBER 28, 1994 VOLUME LIX`� Presented: September 2.8, 1994 Passed: September 28, 1994 Vote: Yeas 5 Nays 1 Recorded: September 29, 1994 Published: September 29,1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G51-94 PASSED AMENDING CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, ADDING A TEEN NIGHT PERMIT Councilman Gilliam made a motion, seconded by Councilwoman to. amend the proposed ordinance to eliminate the smoking prohibition and to pass the ordinance as amended. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, and Mayor VanDeVoorde. Nays: Councilwoman Yearman. Ordinance No. G51-94 Revised AN ORDINANCE AMENDING CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE,. 1976, ADDING A TEEN NIGHT PERMIT WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend Chapter 6.06 of the Elgin Municipal Code to provide for teen night permits for liquor license establishments; and WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of alcoholic liquor establishments is a matter pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORIDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1,. That Section 6.06.057 of the Elgin Municipal Code, 1976, as amended, entitled "Teen Night Permit" be and is hereby added to read as .follows: VOLUME LTX SEPTEMBER 28, 1994 485 "6.06.057 Teen Night Permit. A. There is established a teen night permit. 'The issuance of a teen night permit shall.only be granted upon submittal of an application to the local liquor control commission for an establishment for which there is a then current issued and valid Class A, AA, C, D, E, J or L license. The permit shall entitle the holder to provide entertainment of the following nature, but not limited to: dances, concerts, or such other similar forms of temporary special events of an entertaining nature wherein the patrons are between the ages of 18-20 years: No alcoholic liquor may be displayed, sold, advertised, served, possessed or consumed at any time during any teen night event. B. All teen night permit applications submitted to the local liquor control commission must contain the following: 1. The number of employees and/or performers to be used for the event; 2. Designation of an individual who will be available prior to and during the event and who shall have authority to accept complaints, notice of violations, or take corrective actions required by the City; 3. A security plan with an acknowledgment that any changes to the security plan must be submitted to the Chief of Police in writing five (5) business days before the event; 4. Any advertising including a list of places where advertising is to occur and examples of the type of advertising; 5. Complete address and location which is to be used for the purposes of the event. C. Any teen night permit issued by the local liquor control commission shall also be subject to the following limitations: 1. All tickets may be sold before the event with the number of tickets sold limited to the occupancy limit of the premises minus any employees and performers. 2. A security plan must changes unless such the Chief of Police Police has approved operated. be followed without any change has been submitted to in writing and the Chief of it prior to the event being 6 , 486 SEPTEMBER 28, 1994 VOLUME LIX 3. Security personnel shall be required for the maximum capacity of the event at the facility as determined by the Fire Chief and/or the Chief of Police. 4. Approximately one and one-half hours prior to the opening of the event, a preopening inspection may be conducted by the City to insure compliance with all codes and ordinances. 5. No members of the general public shall be allowed in prior to the opening of the event, 6. Only one event per application shall be allowed. 7. Automatic counters are required to be used to determine occupancy of the building. 8. Only the holder of the liquor license for the establishment may apply for the event. 9. Upon entering the parking lot, a ticket claim check will be issued to each individual. The ticket claim checks shall only be issued to the occupancy limit of the event on the premises. When all of the ticket claim checks have been issued, the parking lot will be closed with signs stating "sold out". No more traffic shall be FA allowed in the parking lot. 10. A special police detail with a minimum of two City police officers shall be required for the event to be paid for in advance by the permit holder. 11.. The hours of a teen night shall last no later than 1:00 a.m." Section 2. That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LIX SEPTEMBER 28, 1994 487 Presented: September 28, 1994 Passed: September 28, 1994 Vote: Yeas 5 Nays 1 Recorded: September 29, 1994 Published: September 29, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Gilliam made a motion, seconded by Councilwoman Popple, to authorize the following payments. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Elgin Public Museum $21,750.00 Fourth quarter support Elgin, IL payment. Davey Tree Expert $16,971.94 Removal of trees and Kent, OH stumps and trimming of trees at various locations. Layne -Western Co. $14,858.00 Pump repairs and Aurora, IL installation of pump, motor, and pipe at Airlite Water Treatment Plant. Exodyne Electric $13,693.75 Repairs to submersible Motors, Inc. motor at Airlite Water Tempe, AZ Treatment Plant. Village of Bellwood $ 6,360.00 Purchase of 795 feet of Bellwood, IL column pipe for Airlite Water Treatment Plant. Commonwealth Edison $ 3,.271.69 Electric service for Chicago, IL River Place. Elgin Youth Football $ 8,560.00 City's contribution for League various improvements to Elgin, IL complex at Drake Field. 488 SEPTEMBER 28, 1994 VOLUME LIX1 CONSENT AGENDA Councilman Fox made a motion, seconded by Councilman Gilliam, to pass Ordinance Nos. G49-94, G50-94, and G5.2-94 and to adopt Resolution Nos. 94-249, 94-257 through 94-269, 94-271, and 94-272 by omnibus vote. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION 94-257 ADOPTED APPROVING PRELIMINARY PLAT OF SUBDIVISION FOR COUNTRY KORNERS LOCATED AT 1255 BODE ROAD - (PETITION 16-94) Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution... Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94--257 RESOLUTION APPROVING PRELIMINARY PLAT FOR COUNTRY KORNERS. SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Alan J. Coulson, P.C. dated March 29, 1994 for Country Korners Subdivision. _s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-258 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR COUNTRY KORNERS LOCATED AT 1255 BODE ROAD- (PETITION 17-94) Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX SEPTEMBER 28, 1994 HM Resolution No. 94-258 RESOLUTION APPROVING FINAL PLAT FOR COUNTRY KORNERS SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Alan J. Coulson, P.C. dated March 29, 1994 for Country Korners Subdivision. s/ George VanDeVoorde _ George VanDeVoorde, Mayor Presented: September 281 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dol'onna Mecum, City Cler ORDINANCE C50-94 PASSED APPROVING A CONDITIONAL USE FOR ST. JOSEPH HOSPITAL, 77 NORTH AIRLITE STREET, 1885 LIN LOR LANE - (PETITION 23-94) Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G50-94 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A HOSPITAL, HELIPORT, AND AN INSTITUTIONAL DAY CARE CENTER WHEREAS, written application has been made to amend the special use heretofore granted for a hospital, heliport, and an institutional day care center at 77 N. Airlite Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice in the manner required by law and has submitted its written findings and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Zoning and Subdivision Hearing Board. G 490 SEPTEMBER 28, 1994 VOLUME LIX NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOISs Section 1. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That the provisions of Ordinance Nos. G-1054, . G96-86, G-1633, and G4-88 which permitted the establishment of a hospital, an institutional day care facility, and a heliport are hereby consolidated and are amended pursuant to the provisions of Chapter 19.65 of the Elgin Municipal Code, 1976, as amended, for the following described real estate: Part of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the center line of Airlite Street as platted in Walter G. McIntosh and Co's. Fox River Farms with the Northerly line of said Walter G. McIntosh and Co's. Fox River Farms; thence Easterly along said Northerly line, a distance of 1570.42 feet to the Northeast corner of Block 6 in said Walter G. McIntosh and Co's. Fox River Farms; thence Northerly along a line that forms an angle of 87 degrees 30 minutes to the left with the prolongation of the last described course, a distance of 991.5 feet; thence Westerly at right angles to the last described course, a distance of 1210.0 feet, thence Southwesterly along a curve to the right having a radius of 866.61 feet (the chord of said curve forms an angle of 73 degrees 49 minutes to the left with the prolongation of the last described course), a distance of 489.57 feet; thence Southwesterly tangent to the last described curve, a distance of 259.81 feet; thence Southwesterly along a curve to the left having a radius of 536.36 feet and being tangent to the last described course, a distance of 292.53 feet; thence Southerly tangent to the last described curve, a distance of 100.0 feet to the place of beginning. Containing 32.61 Acres more or less and being situated in Elgin Township, Kane County, Illinois. and Outlot A of Country Knolls, Unit 8, in the City of Elgin, Kane County, Illinois. subject to: 1. The institutional day care center shall be limited to operation for a maximum of twenty (20) children between the ages of three to five years VOLUME LIX SEPTEMBER 28, 1994 with preference given to children of St. Joseph Hospital employees. 2. The institutional day care center shall employ a minimum professional staff of two full-time or four equivalent part-time employees and one part-time administrator to ensure the care and safety of children at all times. 3. Eleven (11) off-street parking spaces shall be reserved and marked for day care center use only. 4. The location and development of the heliport shall be in substantial conformance with the St. Joseph Hospital site plan and the petitioner's statement of conformance, dated October 11, 1987. 5. Maintenance of a Certificate of Approval from the Division of Aeronautics, Illinois Department of Transportation. 6. The use of the heliport shall be limited to use as a restricted landing site for emergency medical purposes only. 7. The physicians directory sign shall be located and constructed in substantial conformance with St. Joseph Hospital's statement of purpose and conformance for medical office building signage. 8. The administrative offices shall be located and developed in substantial conformance with St. Joseph Hospital's statement of purpose and conformance for the reuse of the former convent building. 9. Construction of the following additional structures shall be permitted without further amendment to the conditional use, if said structures are in compliance with all applicable codes and ordinances: - accessory structures and buildings; - off-street parking facilities; - off-street loading facilities; - signs; - obstructions in yards generally. 10. The hospital, institutional day care center, heliport and all other related facilities shall be developed and operated in compliance with all applicable codes and ordinances. :1W3I 492 SEPT.EMBER 28, 1994 VOLUME LIX' Section 3. That Ordinance No. G-1054, entitled "An Ordinance Authorizing a Special Use for a Hospital to be Established on Certain Property in the City of Elgin, Pursuant to the Provisions of Chapter 21 of the City Code of Elgin, Illinois, Entitled the Elgin Zoning Ordinance" passed July 23, 1964, be and is hereby repealed. Section 4. That Ordinance No. G96-86, entitled "An Ordinance Amending Ordinance No. G-1054 to Permit the Establishment of an Institutional Day Care Center" passed December 10, 1986, be and is hereby repealed. Section 5. That Ordinance No. G-1633, entitled "An ordinance Granting a Special Use for a Heliport at St. Joseph Hospital" passed October 24, 1973, be and is hereby repealed. Section 6. That Ordinance No.. G4-88, entitled "An Ordinance Amending Ordinance No. G-1633 Granting a Special Use for a Heliport" passed January 13, 1988, be and is hereby repealed. Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Passed: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Recorded: September 29, 1994 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clem ORDINANCE S8-94 PASSED ANNEXING TERRITORY - COLLEGE PARK SQUARE LOCATED AT 2425 SOUTH STREET - (PETITION 6.1-93) Councilman. Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. x VOLUME LIX SEPTEMBER 28, 1994 493 Ordinance No. S8-94 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (2425 South Street) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notices in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: The North 700.00 feet (as measured at right angles to the North line thereof) of the following described property: That part of the Southwest quarter of the Northwest quarter of Section 21, Township 41 North, Range 8 East of the Third Principal Meridian, lying easterly of the westerly right of way line of Randall Road and lying southerly of the South right of way line of South Street. Being situated in Elgin Township, Kane County, Illinois and containing 14.07 acres more or less. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage and publication in pamphlet form or by newspaper in the manner provided by law. sl George VanD_eVoorde George VanDeVoorde, Mayor 15 494 SEPTEMBER 28, 1994 VOLUME LIX Presented: September 28, 1994 Passed: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Recorded: September 29, 1994 Published: September 29, 1994 Attest: sl Dolonna Mecum Dolonna Mecum, City Cler ORDINANCE G52-94 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY -- COLLEGE PARK SQUIRE LOCATED AT 2425 SOUTH STREET - PETITION 61-93) Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G52-94 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (2425 South Street) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PAB Planned Area Business District, PCF Planned Community Facility and PMFR Planned Multiple Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendation; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby VOLUME LIX SEPTEMBER 28, 1994 495 altered by including in the PAB Planned Area Business District the following described property: Lot 1 of. Colle e Park Square: That part of the Southwest -quarter of the Northwest, quarter of Section 21, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of Lot 196 as platted of College Park Unit No. 5 as described, being a subdivision of part of the Northwest quarter of Section 21, Township and Range aforesaid, said Northwest corner being on the southerly right of way line, as monumented, of South Street; thence South 00 degrees 00 minutes 30 seconds West, along the East line. of the said Southwest quarter of the Northwest quarter, being also the West line of said College Park Unit No. 5 as described and the southerly extension thereof, a distance of 700.16 feet to a line that is 700.00 feet, measured perpendicular, southerly of and parallel with the said southerly right of way line, as monumented, of South Street; thence South 88 degrees 46 minutes 41 seconds West, along said parallel line, a distance of 782.18 feet to the easterly right of way line, as monumented, of Randall Road; thence North 07 degrees 46 minutes 11 seconds East, along said easterly right of way line, a distance of 507.53 feet for the point of beginning; thence continuing North 07 degrees 46 minutes 11 seconds East, along said easterly right of way line, a distance of 183.97 feet; thence North 88 degrees 46 minutes 41 seconds East, a distance of 258.01 feet; thence South 00 degrees 0:0 minutes 30 seconds West, a distance of 181.75 feet; thence South 88 degrees 46 minutes 41 seconds West, a distance of 282.86 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois and containing 1.12 acres more or less." Section 2. That development of the property described in the PAB Planned Area Business District as described in Section 1 shall be limited to a bank with a drive-thru facility. Section 3. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the PAB Planned Area Business District the following described property: 496 SEPTEMBER 28, 1994 VOLUME LIXn Lot 2 of College Park S uare: That part of the Southwest quarter of the Northwest quarter of Section 21, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of Lot 196 as platted of College Park Unit No. 5 as described, being a subdivision of part of the Northwest quarter of Section 21, Township and Range aforesaid, said Northwest corner being on the southerly right of way line, as monumented, of South Street; thence South 00 degrees 00 minutes 30 seconds West, along the East line of the said Southwest quarter of the Northwest quarter, being also the West line of said College Park Unit No. 5 as described and the southerly extension thereof, a distance of 700.16 feet to a line that is 700.00 feet, measured perpendicular, southerly of and parallel with the said southerly right of way line, as monumented, of South Street; thence South 88 degrees 46 minutes 41 seconds West, along said parallel line, a distance of 782.18 feet to the easterly right of way line, as monumented, of Randall Road; thence North 07 degrees 46 minutes 11 seconds East, along said easterly right of way line, a distance of 333.18 feet for the point of beginning; thence continuing North 07 degrees 46 minutes 11 seconds East, along said easterly right of way line, a distance of 174.35 feet; thence North 88 degrees 46 minutes 41 seconds East, a distance of 282.86 feet; thence South 00 degrees 00 minutes 30 seconds West, a distance of 172.25 feet; thence South 88 degrees 46 minutes 41 seconds West, a distance of 3.06.41 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois and containing 1.16 acres more or less. Lot 3 of College Park Square: That part of the Southwest quarter of the Northwest quarter of Section 21, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of Lot 196 as platted of College Park Unit No. 5 as described, being a subdivision of part of the Northwest quarter of Section 21, Township and Range aforesaid, said Northwest corner being on the southerly right of way line, as monumented, of South Street; thence South 00 degrees 00 minutes 30 seconds West, -along the East line of the said Southwest quarter of the Northwest quarter, being also the. West line of said College Park Unit No. 5 as described and the southerly extension thereof, a distance of 700.16 feet to a line that is 700.00 feet, measured perpendicular, southerly of and VOLUME LIX SEPTEMBER 28, 1994 497 parallel with the said southerly right of way line, as monumented, of South Street; thence South 88 degrees 46 minutes 41 seconds West, along said parallel line, a distance of 782.18 feet to the easterly right of way line, as monumented, of Randall Road; thence North 07 degrees 46 minutes 11 seconds East, along said easterly right of way line, a distance of 78.71 feet for the point of beginning; thence continuing North 07 degrees 46 minutes 11 seconds East, along said easterly right of way line, a distance of 254.47 feet; thence North 88 degrees 46 minutes 41 seconds East, a distance of 306.41 feet; thence South 0.0 degrees 00 minutes 30 seconds West, a distance of 157.51 feet; thence South 52 degrees 05 minutes 31 seconds West, a distance of 76.55 feet; thence South 57 degrees 55 minutes 55 seconds West, a distance of 108.49 feet; thence southwesterly and westerly, along a curve to the right having a radius of 120.00 feet, tangent to the last described course, an arc distance of 95.88 feet; thence North 76 degrees 17 minutes 15 seconds West, tangent to the last described curve, a distance of 79.20 feet; thence South 88 degrees 46 minutes 41 seconds West, a distance of 19.30 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois and containing 1.78 acres more or less." Section 4. That development of the property described in the PAB Planned Area Business District as described in Section 3 is limited to all permitted uses in the AB Area Business District except: 1. 2. 3. 4. 5. 6. 7 8. 9. 10. 11. 12. 13. 14. 15. 16. Second floor apartment dwellings. Automotive renting and leasing without drivers. Ballroom and dance hall operation. Motion picture theaters. Carry out restaurants. Drinking places. Liquor stores. Mobile home dealers. Motor vehicle dealers. Outdoor eating and drinking Used building materials. Amateur radio antennas. Radio and TV antennas. Satellite dish antennas. Drive thru facilities. .Eating places. facilities. Section 5. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map' of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: 498 SEPTEMBER 28, 1994 VOLUME LIX . "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property: Lot 4 of College Park Square: That part of: the Southwest quarter of the Northwest quarter of Section 21, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of Lot 196 of College Park Unit No. 5, as platted and described, being a subdivision of part of the Northwest quarter of Section 21, Township and Range aforesaid, said Northwest corner being on the southerly right of way line, as monumented, of South Street; thence South 00 degrees 00 minutes 30 seconds West, along the East line of the said Southwest quarter of the Northwest quarter, also being the West line of said College Park Unit No. 5 as platted and described, a distance of 436.75 feet for the point of beginning; thence North 53 degrees 09 minutes 12 seconds West, a distance of 52.00 feet; thence South 88 degrees 46 minutes 41 seconds West, a distance of 201.32 feet; thence South 55 degrees 47 minutes 48 seconds West, a distance of 224.65 feet; thence South 52 degrees 05 minutes 31 seconds West, a distance of 79.08 feet; thence South 57 degrees 55 minutes 55 seconds West, a distance of 108.49 feet; thence southwesterly, westerly and northwesterly, along a curve to the right having a radius of 120.00 feet, tangent to the last described course, an arc distance of 95.68 feet; thence North 76 degrees 17 minutes 15 seconds West, tangent to the last described curve, a distance of 79.20 feet; thence South 88 degrees 46 minutes 41 seconds West, a distance of 19.30 feet to the easterly right of way line, as monumented, of Randall Road; thence South 07 degrees 46 minutes 11 seconds West, along the said right of way line, a distance of 78.71 feet to a line that is 700.00 feet, as measured at right angles, southerly of and parallel with the aforesaid southerly right of way line, as monumented, of South Street; thence North 8.8 degrees 46 minutes 41 seconds East, along said parallel. line, a distance of 782.18 feet to the aforesaid East line of the Southwest quarter of the Northwest quarter; thence North 0.0 degrees 00 minutes 30 seconds East, along said East line, a distance of 263.41 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois, and containing 3.33 acres more or less." VOLUME LIX SEPTEMBER 28, 1994 499 Section 6. That the property described in the PCF Planned Community Facility District as described in Section 5 shall be open space. Section 7. That Chapter 19.07,.Section 19.07.600 entitled "Zoning District Map' of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laidout in the 'Zoning District Map', as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District the following described property: Lot 5 of College Park Square: That part of the Southwest quarter of the Northwest quarter of Section 21, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of Lot 196 of College Park Unit No. 5, as platted and described, being a subdivision of part of the Northwest quarter of Section 21, Township and Range aforesaid, said Northwest corner being on the southerly right of way line, as monumented, of South Street; thence South 00 degrees 00 minutes 30 seconds West, along the East line of the said Southwest quarter of the Northwest quarter, also being the West line of said College Park Unit No. 5 as platted and described, a distance of 436.75 feet; thence North 53 degrees 09 minutes 12 seconds West, a distance of 52.00 feet; thence South 88 degrees 46 minutes 41 seconds West, a distance of 201.32 feet; thence South 55 degrees 47 minutes 48 seconds West, a distance of 224.65 feet; thence North 00 degrees 00 minutes 30 seconds East, parallel with the said East line of the Southwest quarter of the Northwest quarter, a distance of 527.00 feet to the aforesaid southerly right of way line, as monumented, of South Street; thence North 88 degrees 46 minutes 41 seconds East, along said southerly right of way line, a distance of 428.77 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois and containing 4.25 acres more or less. " Section 8. That the property described in the PMFR Planned Multiple Family Residence District as described in Section 7 shall be subject to conformance with the Planned Development Plan prepared by Burnidge Cassell and Associates, dated November 4, 1993, and revised April 20, 1994, May 6, 1994, July 8, 1994 and August 26, 1994. P ' . 500 SEPTEMBER 28, 1994 VOLUME LIX Section 9. That this ordinance shall be in •full force and effect immediately after its passage and publication in pamphlet form or by newspaper in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Passed: September 28, 1994 Vote: Yeas 6 Nays 0 Recorded: September 29, 1994 Published: September 29, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-273 ADOPTED APPROVING PRELIMINARY PLAT -COLLEGE PARK SQUARE LOCATED AT 2425 SOUTH STREET - (PETITION 61-93) Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94--273 RESOLUTION APPROVING PRELIMINARY PLAT FOR COLLEGE PARK SQUARE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Burnidge Cassell and Associates dated November 4, 1993 and revised April 20, 1994, May 6, 1994, July 8, 1994.and August 26, 1994 for College Park Square Subdivision. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable 'statutes and ordinances. sl George VanDeVoorde _ George VanDeVoorde, Mayor VOLUME LIX SEPTEMBER 28, 1994 501 Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G49-94 PASSED AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS Councilman Fox made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G49-94 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of stop intersections under Section 11.32.030 the following: Leawood Drive. All vehicles being operated on Leawood Drive must stop at Hunter Drive before crossing or entering the same. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. s/ George VanDeVoorde George VanDeVoorde, Mayor 502 SEPTEMBER 28, 1994 VOLUME LIX Presented: September 28, 1994 Passed: September 28, 1994. Votes Yeas 6 Nays 0 Recorded: September 29, 1994 Published: September 29, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-249 ADOPTED. ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET BODE ROAD Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Counclmembers Fox, Gilliam., Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-249 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (Bode Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a public street prepared by Lawrence G. Traynoff, an Illinois Land Surveyor, and dated June 3, 1994, for the property legally described as follows: That part of the South East 1/4 of Section 18, Township 41 North, Range 9 East of the 3rd Principal Meridian, City of Elgin,, Cook County, Illinois described as follows: Beginning at an old 1 inch iron pipe 1042.80 feet east of the North West corner of said South East 1/4, as measured along the North line of said South Ease 1/4; thence continuing East along said North line of the South East 1/4, a distance of 243.06 feet, to an old 7/8 inch iron pipe; thence southerly along a line measured 79 degrees 20 minutes 41 seconds to the left of the last described course, a distance of 17.30 feet; thence west along a line deflecting 79 degrees 20 minutes 41 seconds to the right of the prolongation of the last described course (also being parallel with said North line of the South East 1/4 of Section 18), 243.00 feet, to a point 0.15 feet North and '0.15 feet East of an old 1 inch iron pipe; and thence northerly along a line deflecting 100 degrees 28 minutes 02 seconds to the right of the prolongation of the last described course, 17.29 VOLUME LIX SEPTEMBER 28, 1.994 503 feet, more or Less, to an old 1 inch iron pipe at the place of beginning. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-259 ADOPTED AUTHORIZING EXECUTION OF A PERMIT WITH THE STATE BANK OF COUNTRYSIDE FOR COMPOST.ING.SITE ACCESS Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94--259 RESOLUTION AUTHORIZING EXECUTION OF A PERMIT WITH THE STATE BANK OF COUNTRYSIDE 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 permit on behalf of the City of Elgin with the State Bank of Countryside for access to haul leaves to the compost site, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 504 SEPTEMBER 28, 1994 VOLUME LIX RESOLUTION 94-260 ADOPTED APPROVING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH MOTHER GOOSE CHILD DEVELOPMENT CENTT-"'' Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Ye.arman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-260 RESOLUTION AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH MOTHER GOOSE CHILD DEVELOPMENT CENTER 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 Subrecipient Agreement on behalf of the City of Elgin with. Mother Goose Child Development Center for the operation of a child day care program for children from moderate and low income single parent households, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum . Dolonna Mecum, City Clerk RESOLUTION 94-261 ADOPTED AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH ELLA JENKINS Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-261 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH ELLA JENKINS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna VOLUME LIX SEPTEMBER 28, 1994 505 Mecum, City Clerk, be and are hereby authorized and directed to execute a performance agreement on behalf of the City of Elgin w-N with Ella Jenkins for performances on October 19, 1994, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-262 ADOPTED AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH.THEATRE IV (JOLLY OLD ST. NICK) Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-262 RESOLUTION AUTHORIZING EXECUTION OF A TERFORMANCE AGREEMENT WITH THEATRE IV (Jolly Old St. Nick) 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 performance agreement on behalf of the City of Elgin with Theatre IV for performances of "Jolly Old St. Nick" on December 16, 1994, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 506 SEPTEMBER 28, 1994 VOLUME LIX RESOLUTION 94--264 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIRECT RESPONSE RESOURCE, INC. Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-264 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIRECT RESPONSE RESOURCE, 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 Direct Response Resource, Inc. for services in connection with vehicle license applications, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-265 ADOPTED AUTHORIZING EXECUTION OF A CONSULTING AGREEMENT WITH BN AUSTIN Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94--265 RESOLUTION AUTHORIZING EXECUTION OF A CONSULTING AGREEMENT WITH BN AUSTIN 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 Consulting Agreement on behalf of the City of Elgin with BN Austin for the establishment VOLUME LIX SEPTEMBER 28, 1994 507 and maintenance of computer networks, a copy of which is attached hereto and made a part hereof by reference. s / George VanDeVoorde GeorgGeorge _ e VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-266 ADOPTED ACCEPTING SYSTEMS S CONCEPTS, INC. OF PRECISION SERVICES Councilman Fax made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-266 RESOLUTION ACCEPTING THE PROPOSAL OF PRECISION SYSTEMS CONCEPTS, INC. FOR COMPUTER PROGRAMMING SERVICES 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 Precision Systems Concepts, Inc. for computer programming services, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 2.8, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 508 SEPTEMBER 28, 1994 VOLUME LIX RESOLUTION 94-.267 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC PARK (COLLEGE GREEN PARK) Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-267 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC PARK (College Green Park) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a public park prepared by Dale A. Terry, an Illinois Land Surveyor, and dated March 14, 1994 for the property legally described as follows: Outlot "D" in College Green Unit 7, being a subdivision of part of the Northeast Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal. Meridian, in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. Presented: September 2.8, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-256 ADOPTED TO PURCHASE (RAILROAD DEP _s/ George VanDeVoorde George VanDeVoorde, Mayor THORIZING ON NATION ON OF AN OFFER Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LIX SEPTEMBER 28, 1994 509 Resolution No. 94-256 RESOLUTION AUTHORIZING EXECUTION OF AN OFFER TO PURCHASE (Railroad Depot on National Street) 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 an Offer to Purchase on behalf of the City of; Elgin with the Chicago and North Western Transportation Company for the railroad depot located on National Street in Elgin, for $2,000, a copy of which is attached hereto and made a part hereof by reference. Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 94-268.ADOPTED TrFTJ 11TTVWTnf'-P (` sl George VanDeVoorde George VanDeVoorde, Mayo-r EXECUTION OF AN mareavi Councilman. Fox made a motion, seconded by Councilman Gilliam, adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. to Resolution No. 94-268 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNIDGE CASSELL, AND ASSOCIATES FOR THE ELGIN SPORTS COMPLEX 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 an agreement on behalf of the City of Elgin with Burnidge Cassell and Associates for the design of the soccer fields at the Elgin Sports Complex, a copy of which is attached hereto and made a part hereof by reference. sf George VanDeVoorde George VanDeVoorde, Mayor 510 SEPTEMBER 28, 1994 VOLUME LIX Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-269 ADOPTED APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH ABBOTT CONTRACTORS, INC. FOR THE NORTH RANDALL ROAD INTERCEPTOR SEWER Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-269 RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH ABBOTT CONTRACTORS, INC. FOR THE NORTH RANDALL ROAD INTERCEPTOR SEWER WHEREAS, the City of Elgin has heretofore entered into a contract with Abbott Contractors, Inc. for the North Randall Road interceptor sewer project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 3, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN., ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute Change Order No. 3, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde Mayor VOLUME LIX SEPTEMBER 28, 1994 511 Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94--263 ADOPTED APPOINTING TAMES BURNS. AS A MEMBER OF THE E-911 EMERGENCY TELEPHONE SYSTEM BOARD Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-263 RESOLUTION APPOINTING JAMES BURNS AS A MEMBER OF THE E-911 EMERGENCY TELEPHONE SYSTEM BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James Burns be and is hereby appointed as a t member of the E-911 Emergency Telephone System Board to fulfill the unexpired term of Eric Isom for a term to expire May 1, 1996. Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s% Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 94-27 BIG T sl George VanDeVoorde George VanDeVoorde, Mayor AUTHORIZING LETTER OF TERMINATION Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 512 SEPTEMBER 28, 1994 VOLUME LIX m Resolution No. 94-272 RESOLUTION AUTHORIZING LETTER OF TERMINATION OF BIG TIMBER/SUMMIT BRIDGE WHEREAS, the Elgin City Council conducted a public hearing on the proposed north end bridge along the Big Timber/Summit corridor on August 31, 1994; and WHEREAS, over 250 residents and other interested persons attended the hearing and overwhelmingly opposed the proposal; and WHEREAS, the surrounding neighborhood which would have been bisected by a bridge is a predominantly minority residential area; and WHEREAS, the owners of property in the neighborhood were making some property improvements although the bridge was under consideration. It is anticipated that substantial improvements will be made in the absence of the potential bridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, is authorized to advise appropriate state and federal officials in writing that the City of Elgin does not desire to proceed with further consideration of a bridge along the Big Timber/Summit corridor. BE IT FURTHER RESOLVED that Richard B. Helwig, City Manager, is directed to study and review the city's transportation network and advise the City Council of feasible options for improvements to the network including but not limited to the intersections of Kimball Street and State Street (Route 31). s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum _ Dolonna Mecum, City Clerk VOLUME LIX SEPTEMBER 2.8, 1994 513 RESOLUTION 94-271 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AREA CONVENTION AND VISITORS BUREAU Councilman Fox made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Resolution No. 94-271 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AREA CONVENTION AND VISITORS BUREAU 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 Area Convention and Visitors Bureau for enlarging and stimulating conventions and tourism in the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays a Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 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, Walters., Yearman, and Mayor VanDeVoorde. Nays: None. Sales Tax Revenue Report for June 1994 Heritage Commission Minutes for July 11, 1994 Heritage Commission Minutes for August 8, 1994 Cultural Arts Commission Minutes for August 8, 1994 Hemmens Advisory Board Minutes for July 14, 1994 Hemmens Advisory Board Report for August 11, 1994 Planning and Development Commission Minutes for August 15, 1994 Zoning and Subdivision Hearing Board Minutes or August 17, 1994 Liquor Control Commission Minutes for August 3, 1994 Liquor Control Commission Minutes for August 4, 1994, Special Meeting 514 SEPTEMBER 28, 1994 VOLUME LIX Committee of the Whole Minutes for August 24, 1994 City Council Minutes for August 24, 1994, Regular Meeting and August 31, 1994,.Special Meeting ANNOUNCEMENTS Mayor VanDeVoorde made announcements regarding forthcoming meetings. Adjournment Councilman Gilliam made a motion, seconded by Councilman Fox, to adjourn the meeting. Yeas: Councilmembers Fox, Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting adjourned at 10:20. p.m. Dolonna Mecum, City Clerk October 1,2_, 1„994 Date Approved J November 9, 1994 TO: Mayor and Members of the City Council FROM: Loni Mecum, City Clerk SUBJECT: Correction to October 12, 1994, Previously Approved Minutes Minutes of the October 12, 1994, Council meeting wore approved by the Council at its October 26, 1994. Subsequent thereto, it was discovered that certain motions concerning reconsideration of Ordinance 52-94 had been omitted. Accordingly, it is recommended that the City Council make a motion to correct the previously approved October 12, 1994, Council minutes to include the following: Following discussion regarding the conflicting interpretations of the prohibited use list associated with the Planned AB portion of this development, Councilman Gilliam made a motion, seconded by Councilman Fox, to reconsider and discuss Ordinance G52-94 that was passed by Council on September 28, 1994. Yeas: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Fox made a motion, seconded by Councilman Gilliam, to delete eating places from the prohibited use list on Ordinance G52-94. No vote was taken. Councilman Schock made a motion, seconded by Councilwoman Popple, to table discussion of Ordinance G52-94. Yeas: Councilmembers Popple, Schock, Walters, and Yearman. Nays: Councilmembers Fox, Gilliam, and Mayor VanDeVoorde. Staff was directed to listen to the tapes of the September 28, 1994, meeting to determine which items were to be included on the prohibited use list and report back to Council. Do onna Mecum, City Clerk