HomeMy WebLinkAbout99-10VOLUME LXIV OCTOBER 13, 1999
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
The regular meeting of the Council of the City of Elgin,
Illinois, was held on October 13, 1999, in the Council
Chambers. The meeting was called to order by Mayor Schack at
7:20 p.m. The Invocation was given by Gretchen Vapnar, and
the Pledge of Allegiance was led by Monica Meyers.
ROLL CALL
521
Roll call was answered by Councilmembers Figueroa, Gilliam,
Munson, Walters, Wasilewski, Yearman and Mayor Schack. Absent:
None.
MINUTES OF THE SEPTEMBER 22, 1999, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilman Walters made a motion, seconded by Councilwoman
Yearman, to approve the September 22, 1999, Council Meeting
Minutes as distributed. Yeas: Counc.ilmembers Gilliam; Munson;
Walters, Wasilowski; Yearman and Mayor Schack. Nays: None.
COMMUNICATIONS
Update Regarding Zero Tolerance Policy
Police Chief Miller gave an update regarding the first full
month after enacting the zero tolerance policy. He. stated that
he is very pleased with the success regarding crime suppression.
Continued crime prevention efforts are working very effectively
in reducing gang violence, and a visible preventive patrol has
been successful during September. He distributed a statistical
report which reflects that most types of crimes have been
reduced compared to one year ago.
Years of
Mayor Schock read a proclamation declaring October 17-23 as
Elgin Financial Savings Bank Week in Elgin in recognition of the
bank's 75 years of service provided to Elgin and area residents.
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522
OCTOBER 13, 1999
VOLUME LXIV
RECOGNIZE PERSONS PRESENT
Marie Johnson and Ann Stuart, on behalf of the NHS Resident
Committee, addressed the Council regarding various suggestions
for funding in the 2000 budget.
Miriam Scott, 774 Terrace Court, announced that the Neighborhood
Watch Program will host a Y2K forum next Tuesday at Hemmens..
She also stated that Neighborhood Watch had just been notified
that Elgin's National Night Out program received second place in
the State of Illinois and twelfth in the country for its
National Night Out activities.
Tom Sandor, 619 Center Street, stated that he has a lot of
questions regarding the proposed recreation center and is
concerned about the City's intention to fund the center from
unstable riverboat proceeds. He believes a more affordable
center should be built.with the possibility of building another
recreation center on the west side of Elgin.
Kathleen Merkelz., 425 Ginger Lane, said she has previously
requested and is again requesting funding in the budget for
development of a comprehensive plan for the east side of Elgin..
She also asked that people luring in that area be participants
in development of the plan.
Doug Jamieson, 148.5 Royal Boulevard, Paul Dietrich, 1446 Royal
Boulevard, and Charles Lueck, 1535 Royal Boulevard, addressed
the Council in opposition to the proposed Windsor Development
(Petition 49-99). They expressed concerns regarding density,
increased traffic on Royal Boulevard, and the height and size of
the proposed building in a residential neighborhood.
AFP 99-069 AWARDED FOR COMMUNITY NOTIF:I:CATION SYSTEM
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to award this. contract to Dialogic Communications in
the amount of $33,500. Yeas: Councilmembers Figueroa, Gilliam,
Munson, Walters, Was.ilowski, Yearman and Mayor Schock. Nays:
None.
BID 99-088 AWARDED FOR ATOMIC ABSORPTION SPECTROPHOTOMETER
Councilman Gilliam made a motion, seconded by Councilwoman
Munson, to award.this contract to Perkin --Elmer in the amount of
$60,117.50. Yeas: Councilmembers Figueroa, Gilliam, Munson,
Walters, Wasilowski, Yearman and Mayor'Schock. Nays: None.
VOLUME LXIV OCTOBER 13, 1999 523
BID 99-100 REJECTED FOR PARKWAY TREE REMOVAL
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to reject the sole bid for parkway tree removal and
rebid the project as soon as possible. Yeas: Councilmembers
Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and
Mayor Schock. Nays: None.
BID 99--101 REJECTED FOR PARKWAY STUMP GRINDING
Councilwoman Yearman made a motion, seconded by Councilman
Figueroa, to reject the sole bid for parkway stump grinding and
rebid the project as soon as possible. Yeas: Councilmembers
Figueroa, Gilliam; Munson, Walters, Wasilowski, Yearman and
Mayor Schock. Nays: None.
BID 99-099 AWARDED FOR PARKWAY TREE TRIMMING
Councilman Walters made a motion, seconded by Councilman
Wasilowski, to award this contract to Winkler's Tree Service.
Yeas: Councilmembers. Figueroa, Gilliam, Munson, Walters,
Wasilowski, Yearman. and Mayor Schock. Nays:. None.
BID 99-095 AWARDED FOR PARKWAY TREE PLANTING
Councilwoman Munson made a motion, seconded by Councilman
Walters, to award contracts to St. Aubin Nursery in an amount
not to exceed $16,000 and to Proficiency Landscaping in an
amount not to exceed $3,000. Yeas: Councilmembers Figueroa,
Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock.
Nays.: None.
BID 99=10 AWARDED .FOR SLADE AVENUE,WATER FACILITY ROOFING
PROJECT
Councilwoman Yearman made a motion, seconded by Councilman
Figueroa, to accept Singles Roofing Company's request to
withdraw and award a .contract for roofing repairs to the second
low bidder, Elgin Rooting Company of Elgin, for the base bid
plus additives 1 and 2, for a total cost of $13,377. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
BID AWARDED FOR REPAIR OF ELECTRICAL SYSTEM IN CITY'S SALT
Councilman Walters made a motion, seconded by Councilwoman
Yearman, to award this contract to Kadlec Electric, Inc. in the
amount of $5,950. Yeas: Councilmembers Figueroa, Gilliam,
524 OCTOBER 13; 1999 VOLUME LXIV
Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays:
None.
PETITION 49-99 TABLED REQUESTING A MAP AMENDMENT FROM RC1
RESIDENCE CONSERVATION DISTRICT AND.MFR MULTIPLE FAMILY
RESIDENTIAL DISTRICT TO A PMFR PLANNED MULTIPLE FAMILY
RESIDENTIAL DISTRICT; PROPERTY LOCATED AT 801 NORTH MCLEAN
BOULEVARD AND 1445 ROYAL BOULEVARD. BY THE WINDSOR DEVELOPMENT
CORPORATION AND WINDSOR LIFECARE, LLC, AS APPLICANTS; AND BY
WINDSOR DEVELOPMENT CORPORATION AND JOHN FRIEDLAND, AS OWNERS.
Councilmembers expressed their concerns regarding the proposed
development. At the request of the petitioner, Councilman
Wasilowski made a motion, seconded by Councilman Walters, to
table consideration of Petition 49-99 to the next meeting.
Yeas.: Councilmembers Figueroa, Gilliam, Munson, Walters,
Wasilowski, Yearman and Mayor Schock. Nays: None.
PETITION 53-59 APPROVED -REQUESTING ANNEXATION AND PMFR
PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT.ZONING FOR A
RESIDENTIAL PLANNED DEVELOPMENT TO BE KNOWN AS WOODLAND MEADOWS
II;.PROPERTY.LOCATED AT 1550 BODE ROAD; BY .CHARLES P. MILLER,
WOODLAND_ MEADOWS PARTNERSHIP, AS APPLICANT, AND _KIM A. LONSCAR,
AS OWNER.
Councilwoman Yearman made a motion, seconded by Councilman
Figueroa, to approve Petition 53-99 subject to conditions.
Yeas: Councilmembers. Figueroa, Wasilowski, Yearman and Mayor
Schock. Nays: Councilmembers Gilliam, Munson and Walters..
Councilman Walters made a motion, seconded by Councilman
Yearman, to 'approve Ordinance S10-99.
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to table consideration of Ordinance S10-99. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
-99 TABLED CLASSIFYING CERTAIN.
Councilman Walters made a motion, seconded by Councilman
Gilliam, to table consideration of Ordinance G59-99. Yews:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
VOLUME LXIV
OCTOBER 13, 1999
525
AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS
Councilman Figueroa made a motion, seconded by Councilwoman
Yearman, to authorize the -following payments. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
League of Chicago $ 7,463.00 Tribune advertisements
Theatres for Hemmens 1999-2000
Chicago, IL season.
Davey Tree Experts_ $ 9,810.38 Maintenance and
Kent, OH emergency tree
trimming.
Badger Meter Mfg. $52,675.59 Purchase of commercial
Milwaukee, WI and residential meters,
assemblies and related
materials for
installation throughout
the city.
S OF MONEY
ESTIMA
CE AND A
PUBLIC HEARING THEREON
Councilman Walters made a motion, seconded by Councilman
Wasilowski, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99-267
RESOLUTION
DETERMINING AMOUNTS OF MONEY ESTIMATED TO BE NECESSARY
TO BE RAISED BY TAXATION UPON TAXABLE PROPERTY IN THE
CITY OF ELGIN AND PROVIDING FOR NOTICE AND A
PUBLIC HEARING THEREON
WHEREAS,r)the Truth in Taxation Act, 35 ILCS 215/1, requires
the corporate: authorities to determine the amounts of money
estimated to be necessary to be raised by taxation upon taxable
property not less than 20 days prior to the adoption of the
aggregate levy for a year; and
WHEREAS, the Truth in Taxation Act further provides that an
ad valorem property tax which is more than 105% of the amount
extended upon the final aggregate levy for the preceding year, a
public hearing shall be held after notice in the manner required
by the Act.
526 OCTOBER 13, 1999 VOLUME LXIV
NOW, THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
1. That it hereby finds and determines that the 1998 ad
valorem property tax levy excluding debt services as extended
was $16,750,488 against taxable property in the City of Elgin.
2. That it hereby finds and determines that the amounts
of money extended estimated to be necessary to be raised by ad
valorem taxation excluding debt service upon taxable property
in the City of Elgin for the year 1999 is $17,985,000.
3. That it hereby finds and determines that the amounts
of money estimated to be necessary to be raised by taxation
excluding debt service upon taxable property for the year 1999
is in excess of 105% of the amount of ad valorem property tax
excluding debt service extended for the year 1998 against
taxable property in the City of Elgin.
4. That a public hearing shall be held on November 3,
1999 at 7:00 p.m. in the City Council Chambers, 150 Dexter
Court, Elgin, Illinois concerning the 1999 property tax levy.
5. That the City Clerk shall cause publication of a
notice of said public hearing to be made in a newspaper of
general circulation published in the Counties of Cook and Kane
in the manner provided by law.
sl Ed Schock
Ed Schock, Mayor
Presented: October 13, 1999
Adopted: October 14, 1999
Vote: Yeas 7 Nays 0
Attest
sL Dolonna Mecum
Dolonna Mecum, City Clerk
CONSENT AGENDA
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass Ordinance Nos. G58=99, G60-99, G61-99, and
adopt. Resolution Nos. 99-255 through.99-266 by omnibus vote.
Yeas: Councilmembers Figueroa, Gilliam, Munson, Walters,
Wasilowski, Yearman and Mayor Schock. Nays: None.
Resolution No. 99-268
RESOLUTION
AUTHORIZING ISSUANCE OF A PROMISSORY NOTE AND LOAN
TO THE HOUSING AUTHORITY OF ELGIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to issue to the Housing Authority of
Elgin, Illinois, a municipal corporation, a promissory note
and loan in the amount of $75,000.00 plus five (5o) percent
interest repayable in full within twelve (12) months in
substantially the form as attached hereto.
_s/ Ed Schock
Ed Schock, Mayor
Presented: October 13, 1999
Adopted: October 13, 1999
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s% Dolonna Mecum
Dolonna Mecum, City Clerk
NOTE: This was an add -on -item which was inadvertently ommitted
from the minutes. It was not discovered until after the
minutes had been approved.
VOLUME LXIV OCTOBER 13, 1999 527
ORDINANCE G60-99 PASSED GRANTING A CONDITIONAL USE FOR A
DISTRICT; PROPERTY LOCATED AT 1615 DUNDEE AVENUE (PETITION 4.8-99)
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Ordinance No. G60--99
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A COMMERCIAL .ANTENNA TOWER
WITHIN THE CI COMMERCIAL INDUSTRIAL DISTRICT
(1615 Dundee Avenue)
WHEREAS, written application has been made. for a
conditional use for a commercial antenna tower within the CI
Commercial Industrial District at 1615 Dundee Avenue; and
WHEREAS, the Zoning and Subdivision Hearing Board conducted
a public hearing after due notice by publication and has
submitted its findings of fact.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1. That a conditional. use for commercial antenna
tower within the CI Commercial Industrial District at 1615
Dundee Avenue and legally described as follows:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT -...;:.THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 35 WITH THE EASTERLY RIGHT OF WAY LINE OF
STATE ROUTE NO.2.5;. THENCE NORTH 89 DEGREES 50
MINUTES 13 SECONDS EAST, ALONG THE SOUTH LINE OF
SAID SECTION 35, A DISTANCE OF 1106.26 FEET TO A
POINT ON SAID SOUTH LINE THAT IS 267.0.4 FEET WEST OF
THE SOUTHEAST CORNER OF SAID SECTION 35, AS MEASURED
ALONG SAID SOUTH LINE, FOR THE POINT OF BEGINNING;
THENCE NORTH 01 DEGREE 30 MINUTES 09 SECONDS EAST,
ALONG A MONUMENTED LINE, A DISTANCE OF 194.50 FEET
TO THE SOUTHEAST CORNER OF LAND CONVEYED PER
DOCUMENT NO.1527831, AS MONUMENTED; THENCE NORTH 83
DEGREES 46 MINUTES 32 SECONDS WEST ALONG THE SOUTH
LINE OF SAID LAND, AS MONUMENTED, A DISTANCE OF
384.50 FEET; THENCE SOUTH 00 DEGREE 09 MINUTES 47
SECONDS EAST, A DISTANCE OF 237.19 FEET TO SAID
SOUTH LINE OF SECTION 35; THENCE NORTH 89 DEGREES 50
MINUTES 13 SECONDS EAST, ALONG SAID SOUTH LINE, A
DISTANCE 376.46 FEET TO THE POINT OF BEGINNING,
528 OCTOBER 13, 1999 VOLUME LXIV
BEING SITUATED IN THE .CITY OF ELGIN, KANE COUNTY,
ILLINOIS.
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement
of Purpose and Conformance submitted by Nextel
Communications c/o CIS Communications.
2. A 6' solid wood fence shall be erected
on -site according to the site plan submitted by
Nexte.l, dated July 20, 1999. The fence shall not
contain barbed wire.
3. The 6' solid wood fence shall be
effectively screened along 75 percent of each side.
The screening shall consist of a minimum of 7
evergreens on the west and east. sides of the solid
fence and a minimum of 5 evergreens on the north and
south sides of the solid fence. Evergreens shall
measure not less than 6' in height. Evergreen.
plantings may be installed in.a meandering or linear
arrangement and shall consist of a minimum of 2
evergreen species with each species accounting for
50 percent of the total number required.
4. The owners) of. the telecommunications
tower shall allow other parties of interest to
co -locate on the tower. This condition shall not
limit the owner from charging applicable lease fees.
Leasing fees shall be consistent with other leasing
fees in the market area.
5. All accessoryequipment shall be located
within an..enclosed.build.i.ng.
G. Compliance with all other applicable codes
and ordinances.
Section 2. That the conditional use granted herein shall.
expire if not established within one year from the date of
passage of this ordinance.
Section 3. That this ordinance shall be in'full force and
effect immediately after its passage in the manner provided by
law.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXIV OCTOBER 13, 1999 529
Presented: October 13, 1999
Passed: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Recorded: October 14, 1999
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ORDINANCE.G58-99 PASSED AMENDING ELGIN MUNICIPAL_C"ODES_ 197E-1
AS AMENDED BY ADDING CHAPTER 4.60 ENTITLED TELECOMMUNICATIONS
INFRASTRUCTURE MAINTENANCE FEE
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Ordinance No. G58-99
AN ORDINANCE
AMENDING ELGIN MUNICIPAL CODE, 1976, AS AMENDED
f BY ADDING CHAPTER 4.60 ENTITLED
"TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE"
WHEREAS, the City of Elgin is a home rule municipality in
accordance with the Constitution of the State of Illinois of
1970; and
WHEREAS, the City of Elgin has the authority to adopt
ordinances and;:to promulgate rules and regulations that pertain
to its government and affairs and that protect the public
health, safety and welfare of its citizens; and
WHEREAS, in addition to the City of Elgin's power as a home
rule municipality, this Ordinance is adopted pursuant to the
provisions of the Illinois Telecommunications Municipal
Infrastructure Ma�,ntenance Fee Act, Public Act 90-154 (the
"Act"); and
WHEREAS, the fees imposed tinder this Ordinance will replace.
the City of Elgin's existing municipal franchise fees with
respect to telecommunications retailers, which are currently
paid by the telecommunications consumer, with a different fee
under the Act; and
WHEREAS, this Ordinance is intended to create a uniform
system for the collection of fees associated with the privilege
of using City of Elgin rights -of -way and other public
rights -of -way for telecommunications activity within the
530 OCTOBER 13, 1999 VOLUME LXIV
municipal boundaries of the.City of Elgin including the recovery
of reasonable costs for regulating the use of all public
rights -of -way within its municipal boundaries for
telecommunications activity.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Elgin, as follows:
Section 1. Recitals. The facts and statements contained
in the preamble to this Ordinance are found,to be true and
correct and are hereby adopted as part of this Ordinance.
Section 2. That the Elgin Municipal Code, 1976, as
amended, be and is hereby amended by adding Chapter 4.60
thereto entitled "Telecommunications Infrastructure
Maintenance Fee" to read as follows:
"Chapter 4.60 Telecommunications Infrastructure
Maintenance Fee
Section 4.60.010 Definitions.
As used in this chapter, the following terms
shall have the following meanings:
A. "Gross Charges" means the amount paid to a
telecommunications retailer for the act or privilege
of originating or receiving telecommunications
within the city, and for all services rendered in
connection therewith, valued in money whether paid
in money or otherwise, including cash, credits,
services, and property of every kind or nature, and
shall be determined without any deduction on account
of' the cost of such telecommunications, the cost of
the materials used, labor or service costs, or any
other expense whatsoever. In case credit is
extended., the amount thereof shall. be. included only
as and when paid. "Gross charges" for private line
service shall include charges at each channel point
within the city, charges for the channel mileage
between each channel point within the city, and
charges for that portion of the interstate
inter -office channel provided within the city.
However, "gross charges" shall not include:
1. Any amounts.added to a purchasers bill
because of a charge made under:
a. The fee imposed.by this section;
b. Additional charges added to a
purchasers bill under Section 9-221 or
9-222 of the Public Utilities Act;
VOLUME LXIV OCTOBER 13, 1.999
531
c. Amounts collected under Section 8-11-17
of the Illinois Municipal Code;
d. The tax imposed by the
Telecommunications Excise Tax Act;
e. 911 surcharges, or;
f. The tax imposed by Section 4251 of the
Internal Revenue Code.
2. Charges for a sent collect
telecommunication received outside the city;
3. Charges for leased time on equipment or
charges for the storage of data or information or
subsequent retrieval or the processing of data or
information intended. to change its form or content.
Such equipment includes,. but is not limited to, the
use of calculators, computers, data processing`
equipment, tabulating equipment, or accounting
equipment and also includes the 'usage of computers
under a time-sharing agreement;
4. Charges for customer equipment, including
such equipment that is leased or rented by the
f customer from any source, wherein such charges are
removed from the aggregate charges and separately
identified from other charges;
5. Charges to business enterprises certified
under Section 9-222.1 of the Public Utilities Act to
the extent of such exemption and during the period
of time specified by the city.;
6. Charges for telecommunications and all.
services and equipment provided in connection
therewith between a parent corporation and its
wholly owned subsidiaries or between wholly owned
subsidiaries, and only to the extent that the
charges between the parent corporation and wholly
owned subsidiaries or between wholly owned
subsidiariesrepresent expense allocation between
the corporations and not the generation of profit
other than a regulatory required profit for the
corporation rendering such services;
7. Bad debts. "Bad debt" shall mean any
portion of a debt that is related to a sale at
retail for which gross charges are not otherwise
deductible or capable of being excluded that has
become worthless or uncollectible, as determined
under applicable federal income tax standards; if
the portion of the debt deemed to be bad is
532 OCTOBER 13, 1999 VOLUME LXLV
subsequently paid, the retailer shall report and pay
the tax on that portion .during the reporting period r
in which the payment is made;
8. Charges paid by inserting coins in
coin -operated telecommunications. devices; or
9. Charges for telecommunications and all
services and equipment provided to the city.
B. "Public Right -of -Way" means any municipal
street, alley, water or public right-of-way
dedicated or commonly used for utility purposes,
including utility easements wherein the city has
acquired the right and authority to locate or permit
the location of utilities consistent with.
telecommunications facilities. "Public. Right -of -Way"
shall not include any real or personal city property
that is not specifically described in the previous
sentence and shall not include city buildings and
other structures or improvements, regardless of
whether they are situated in the public -"right-of-way.
C. "Retailer maintaining a place of business
in this State",. or any like term, means and includes
any retailer having or maintaining within the. State
of Illinois, directly or by a subsidiary, an office;
distribution facilities, transmission facilities,
sales office, warehouse, or other place of business,
or any agent or other representative operating
within this State under the authority of the
retailer or its subsidiary, irrespective of whether
such . placeof business or agent or other
representative is located here permanently or
temporarily, or whether such retailer or subsidiary
is licensed to do business in this State.
D. "Sale of telecommunications at retail"
means the transmitting, supplying, or furnishing of
telecommunications and all services rendered in
connection therewith for a consideration, other than
between a parent corporation and:,its wholly owned
subsidiaries or between wholly owned subsidiaries,
when the gross charge made by one,such corporation
to another such corporation is not greater than the
gross charge paid to the retailer for their use or
consumption and not for sale.
E. "Service address" means the location of
telecommunications equipment from which
telecommunications services are originated or at
which telecommunications services are received. If
this is not a defined location, as in the case of
wireless telecommunications, paging systems,
VOLUME LXIV - OCTOBER 13, 1999 533
maritime systems, air -to -ground systems, and the
like, "service address" shall mean the location of
the customers primary use of the telecommunications
equipment as defined by the location in Illinois
where bills are sent.
F. "Telecommunications" includes, but is not
limited to, messages or information transmitted
through use of local, toll, and wide area telephone
service, channel services, telegraph services,
teletypewriter service, computer exchange services,
private line services; specialized mobile radio
services, or any other transmission of messages or
information by electronic or similar means, between
or among points by wire, cable,fiber optics, laser,
microwave, radio, satellite, or similar facilities.
Unless the context clearly requires otherwise,
"telecommunications shall also include wireless
telecommunications as hereinafter defined.
"Telecommunications" shall not include value added
services in which computer processing applications
are used to act -on the form, content, code, and
protocol of the information for purposes other than
transmission. "Telecommunications" shall not
include purchase of telecommunications by a
telecommunications service provider for use as a
component part of the service provided by him or her
to the ultimate retail consumer who originates or
terminates the end -to -end communications. Retailer
access charges, right of access charges, charges for
use of intercompany facilities, and all
telecommunications resold in the subsequent
provision and used as a component of, or integrated.
into, end -to -end telecommunications service shall
not be included in gross, charges as sales for
resale. "Telecommunications" shall not include the
provision of cable services through a cable system
as defined in the Cable Communications Act of 1984
(47 U.S.C. Sections 521 and following) as now or
hereafter amended or cable or other programming
services subject to an open video system fee payable
to }he city through an open video system as defined
in the Rules of the Federal Communications
Commission (47 C.D.F. 76.1550 and following) as now
or hereafter amended.
G. "Telecommunications provider" means:
1. Any telecommunications retailer, and;
2. Any person that is not a telecommunica-
tions retailer that installs, owns, operates or
't, controls equipment in the public right-of-way that
534
OCTOBER 13, 1999
VOLUME LXIV
is used or designed to be used to transmit
telecommunications in any form.
H. "Telecommunications retailer" or "retailer"
or "carrier" means and includes every person engaged
in the business of making sales of
telecommunications at retail as defined in this
section. The city may, in its discretion, upon
application, authorize the collection of the fee
hereby imposed by any retailer not maintaining a
place of business within this State, who, to the
satisfaction of the city, furnishes adequate
security to ensure collection and payment of the
fee. When so authorized, it shall be the duty of
such retailer to pay the fee upon all of the gross
charges for telecommunications in the same manner
and subject to the same requirements as a.. retailer
maintaining a place of business within the city..
I. '.'Wireless telecommunications" includes
cellular mobile telephone services, personal
wireless services as defined in `Section 704(C) of
the Telecommunications Act of 1996 (Public Law No.
104-104), 42 U.S.C. §332(c)(7), as now or hereafter
amended), including all commercial mobile radio
services, and paging services.
Section 4.60.020 Registration of Telecommunications
Providers.
A. Every telecommunications provider as
defined by this chapter shall register with the city
within 30 days after the effective date of this
chapter or becoming a telecommunications provider,
whichever is later, on a:form.to be provided by the
city, provided, however, that any telecommunications
retailer that has filed a return pursuant to Section
4.60.04.0(C) of this chapter shall be. deemed to have
registered in accordance with this section.
B. Every telecommunications provider who has
registered with the city pursuant to Section
4.60.020(A) has an affirmative duty to submit an
amended registration form or current return as
required by Section 4.60.040(C) as the case may be,
to the city within 30 days from the date of the
occurrence of any changes in the information
provided by the telecommunications provider in the
registration form or most recent return on file with
the city.
Section 4.60.030 Municipal Telecommunications
Infrastructure Maintenance Fee.
VOLUME LXIV OCTOBER 13, 1999 535
A. A city telecommunications infrastructure
maintenance fee is hereby imposed upon all
telecommunications retailers in the amount of one
percent (1.0%) of all gross charges charged by the
telecommunications retailer to service addresses
within the city for telecommunications originating
or received in the city.
B. Upon the effective date of the infrastruc-
ture maintenance fee authorized in this chapter, the
city infrastructure maintenance fee authorized
hereunder shall be the only fee or compensation for
the use of all public rights -of -way within the city
by telecommunications retailers: Imposition of the
infrastructure maintenance fee. provided under this
chapter does not, however, serve as a limitation
on the levying of any taxes or imposition of any
fees otherwise authorized by law.
C. The city. telecommunications infrastructure
maintenance fee authorized by this section shall be
collected; enforced, and administered as set forth
in Section 4.60.040 of this chapter.
Secti.on.4.60.040 Collection, Enforcement, and
Administration of
Telecommunications Infrastructure.
Maintenance Fees.
A. A telecommunications retailer shall charge
to and collect from each customer an additional
charge in an amount equal to the city infrastructure
maintenance fee attributable to that customers
service address.
B. Unless otherwise approved by. the city
manager, the infrastructure maintenance fee shall be.
remitted by the telecommunications retailer to the
city not later than the last day of the month
subsequent to the month in which a bill is issued to
the customer; provided, however, that the
telecommunications retailer may retain an amount not
to exceed two percent (2%) of- the city
infrastructure maintenance fee collected by it to
reimburse itself for expenses incurred in accounting
for and remitting the fee.
C. Remittance of the municipal infrastructure
fee to the city shall be accompanied by a return, in
a form to be prescribed by the city manager, which
shall contain such information as the city manager
may reasonably require.
536 OCTOBER 13, 1999 VOLUME LXIV
D. Any infrastructure maintenance fee required
to be collected pursuant to this chapter and any
f...
such infrastructure maintenance fee collected by `
such telecommunications retailer shall constitute a
debt owed by the telecommunications retailer to the
city. The charge imposed under Section 4.60.040(A)
by the telecommunications retailer pursuant to this
chapter shall constitute a debt of the purchaser to
the telecommunications retailer who provides such
services until paid. and, if unpaid, is recoverable
at law in the same manner as the original charge for
such services.
E. If it shall appear that an amount of
infrastructure maintenance fee has been paid that
was not due under the provisions of this chapter,
whether as a result of a mistake of fact or an error
of law, then such amount shall be credited against
any infrastructure maintenance fee due, or to become
due, under this chapter, from the telecommunications
retailer who made the erroneous payment; provided,
however, the city manager may request, and the
telecommunications retailer shall provide, written
substantiation for such credit. However, no claim
fox such credit may be made more than three years
after the date of the erroneous payment unless the
credit is used only to offset a claim of
underpayment made by the city within the applicable
statutory period of Limitations, and; the credit
derives from an overpayment made by the same
telecommunications retailer during the applicable
statutory period of limitations.
F. Amounts paid under this chapter by
telecommunications retailers shall not be included
in the tax base under any of the following acts as
described immediately below:
1. "Gross charges" for purposes of the
Telecommunications Excise Tax Act;
2. "Gross receipts" for purposes of the
municipal utility tax as prescribed in Section
8-11-2 of the Illinois Municipal Code;
3. "Gross charges" for purposes of the
municipal telecommunications tax as prescribed in
Section 8-11-17 of the Illinois Municipal Code;
4. "Gross revenue" for purposes of the tax
on annual gross revenue of public utilities
prescribed in Section 2-202 of the Public Utilities
Act. i
VOLUME LXIV OCTOBER 13, 1999 537
G. The city shall have the right, in its
discretion, to audit the books and records of all
telecommunications retailers subject to this chapter
to determine whether the telecommunications retailer
has properly accounted to the city for the city
infrastructure maintenance fee. Any underpayment of
the amount of the city infrastructure maintenance
fee due to the city by the telecommunications
retailer shall be paid to the city plus five percent
(5%) of the total amount of the underpayment
determined in an audit, plus any costs incurred by
the city in conducting the audit, in an amount not
to exceed five percent (5%) of the total amount of
the underpayment determined in an audit. Said sum
shall be paid to the city within. twenty-one (21)
days after the date of issuance of an invoice for
same.
H. The city manager, or his or her designee,
may promulgate such further or, additional
regulations concerning the administration and
enforcement of this chapter, consistent with its
provisions, as may be required from time to time and
shall notify all telecommunications retailers that
are registered pursuant to Section 4.60.020 of this
chapter of such regulations.
Section 4..60.050 Compliance With Other Laws.
Nothing in this chapter shall excuse any person
or entity from obligations imposed under any law,
including but not limited to:
A. Generally applicable taxes; and
B. Standards for construction on, over, under,
or within, use of or repair of the public
rights -of -way, including standards relating to free
standing towers and other structures upon the public
rights -of -way, as provided; and
C. Any liability imposed for the failure to
comply with such generally applicable taxes or
standards governing construction on, over, under, or
within, use of or repair of the public
rights -of -way; and
D. Compliance with any ordinance or provision
of this Code concerning uses or structures not
located on, over, or within the right--of-way.
Section 4.60.060 Existing Franchises and Licenses.
f
538 OCTOBER 13, 1999 VOLUME LXIV
Any franchise, license, or similar agreements
between telecommunications retailers and the city
entered into before the effective date of this
chapter regarding the use of public rights -of -way
shall remain valid according to and for their stated
terms except for any fees, charges or other
compensation to the extent waived.
Section 4.60.070 Penalties.
Any person, firm or corporation violating any
of the provisions of this chapter, in addition to
other legal and equitable remedies available to the
city, shall be fined as provided in Chapter 1.20 of
this code. Each day during which a violation of
this chapter continues or is permitted to exist
shall be considered a separate and distinct offense.
Section 4.60.080 Enforcement..,
Nothing• -in this chapter shall be construed as
limiting any additional or further remedies that the
city may have for enforcement of this chapter. The
levy and/or payment of any penalty or fine provided
in this chapter or in this code shall not be deemed
a waiver of the power of the City of Elgin to
suspend, revoke or refuse to renew any permit for
cause or to seek injunctive relief to enjoin
violations of this chapter or provisions of this
code.
Section 4.60.090 Severability.
If any provision, clause, sentence, paragraph,
section or part of this chapter or application
thereof to any person orcircumstance, shall for any
reason be adjudged by a court of competent
jurisdiction to be unconstitutional or invalid, said
judgment shall not affect, impair or otherwise
invalidate the remainder of this chapter and the
application of such provision to other persons or
circumstances, but shall be confined in its
operation to the provision, clause, sentence,
paragraph, section or part thereof directly involved
with the controversy in which such judgment shall
have been rendered and to the person or
circumstances involved. It is hereby declared to be
the legislative intent of the City Council that this
Chapter would have been adopted had such
unconstitutional or invalid provisions, clause,
sentence, paragraph, section or part thereof had not
been included.
Section 4.60.100 Waiver and Fee Implementation.
VOLUME LXIV OCTOBER 13, 1999 539
m A. The city hereby waives all fees, charges,
and other compensation that may accrue, after the
effective date of the waiver, to the city by a
telecommunications retailer pursuant to any existing
city franchise, license, or similar agreement with a
telecommunications retailer during the time the city
imposes the Telecommunications Infrastructure
Maintenance Fee. This waiver shall only be
effective during the time the Infrastructure
Maintenance Fee provided for in this Ordinance is
subject to being lawfully imposed on the
telecommunications retailer and collected by the
telecommunications retailer from, the customer.
B. The city clerk shall send a notice of the
waiver by certified mail, return receipt requested,
to each telecommunications retailer with whom the
city has a franchise."
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, provided however, the city infrastructure
maintenance fee provided for in this Ordinance shall become
effective and imposed on the first day of the month not less
than ninety (90) days after the city provides written notice by
certified mail to each teleco-mmunications retailer with whom the
city has an existing franchise, license, or similar agreement
that the city waives all compensation under such existing
franchise, license, or similar agreement during such time as the
fee is subject to being lawfully imposed and collected by the
retailer and remitted to the city. The infrastructure
maintenance fee shall apply to gross charges billed on or after
the effective date as established in the preceding sentence.
....-Secction 4. That all ordinances or parts of ordinances in
conflict with.the provisions of this ordinance be and are hereby
repealed.
sl Ed Schock
Ed Schock, Mayor
Presented: October 13, 1999
Passed: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Recorded: October 14, 1999
Published: October 15, 1999
Attest:
s/ Dolonna.Mecum
Dolonna Mecum, City Clerk
540 OCTOBER 13, 1999 VOLUME LXIV
RESOLUTION 9.9-255 ADOPTED AUTHORIZING EXECUTION OF AN
AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES P.C. FOR THE
1999-2000 COMBINED SEWER OVERFLOW MONITORING PROJECT
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99-255
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CARROLL ENGINEERING & ASSOCIATES, P.C. FOR THE 1999-2000
COMBINED SEWER OVERFLOW MONITORING PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized anal directed to execute
an agreement on behalf of the City of Elgin with Carroll
Engineering & Associates, P.C. for the 1999-2000 combined sewer
overflow monitoring project, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 13, 1999
Adopted: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum., City Clerk
RESOLUTION.99-256 ADOPTED APPROVING AGREEMENT UNDER THE
CENTER CITY (11-15-17 DOUGLAS AVENUE)
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99-256
RESOLUTION
APPROVING AGREEMENT UNDER THE SPECIAL BUSINESS LOAN PROGRAM
FOR BUILDING IMPROVEMENTS IN ELGIN CENTER CITY
(11-15-17 Douglas Avenue)
WHEREAS, the City of Elgin and certain banks and savings
and loan institutions have established a special business loan
VOLUME LXIV OCTOBER 13, 1999 541
program for building improvement in Center City Elgin for
revitalization purposes; and
WHEREAS, Frederick J. Steffen and Doris J. Steffen have
submitted an application to Home Federal Savings of Elgin for a
loan under the special business loan program; and
WHEREAS, Home Federal Savings of Elgin 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
thespecial loan program; and
WHEREAS, the loan applicants meet the qualifying standards
as set out in the special business loan program; and
WHEREAS, it isdetermined 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 Joyce A. Parker, City Manager, and
Dolonna Mecum, City Clerk, are hereby authorized to approve the
special business loan agreement as set forth in the loan
approval of Home Federal Savings of Elgin. attached hereto and
made a part hereof by reference, and to make monthly interest
payments in the -amount of 9.25% percent so long as the borrower
continues to make regularly scheduled loan payments.
sl Ed Schack
Ed Schock, Mayor
Pr--sented: October 13, 1999
Ado'oted: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
542
OCTOBER 13, 1999
VOLUME LXIV
RESOLUTION 99-257 ADOPTED AUTHORIZING EXECUTION OF AN
AGREEMENT WITH EARTH TECH, INC. FOR AN EVALUATION OF A NEW
PUBLIC WORKS SITE
Councilman Gilliam made a motion.,
Figueroa, to adopt the following
Councilmembers Figueroa, Gilliam,
Yearman and Mayor Schock. Nays:
seconded by Councilman
resolution. Yeas:
Munson, Walters, Wasilowski,
None.
Resolution No. 99-257
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
EARTH TECH, INC. FOR AN EVALUATION OF A NEW PUBLIC WORKS SITE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS,. that pursuant to Elgin. Municipal .Code Section
5.02.02OB(5) the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and
in the best interests of the city; and
BE IT FURTHER RESOLVED that Joyce A. Parker, 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 Earth Tech, Inc. for an evaluation for the proposed
development of a new public works site located two males south
of Route 20 on McLean Boulevard, a copy of which is attached
hereto and made a part hereof by reference.
Presented: October 1.3, 1999
Adopted: October 1.3, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
RESOLUTION 99-258 Al
MUNICIPAL FACILITIES
sl Ed Schock
Ed Schock, Mayor
ELUTION OF A
METRICOM, INC.
Councilman. Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
VOLUME LXIV OCTOBER 13, 1999 543
Resolution No. 99-258
RESOLUTION
AUTHORIZING EXECUTION OF A MUNICIPAL FACILITIES USE AGREEMENT
WITH METRICOM, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a Municipal. Facilities Use
Agreement on behalf of the City of Elgin with Metricom, Inc. for
Ricochet Wireless Digital Data Communications Network, a copy of
which is attached hereto.and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 13, 1999
Adopted: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT WITH MUNICIPAL ADVISORS INCORPORATED FOR A
CLASSIFICATION AND COMPENSATION STUDY
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walter's, Wasilowski,
Yearman and.Mayor Schock. Nays: None.
Resolution No. 99-259
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
MUNICIPAL ADVISORS INCORPORATED FOR A
CLASSIFICATION AND COMPENSATION STUDY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELG2N,
ILLINOIS, that Joyce A. Parker, 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 Municipal
Advisors Incorporated for a classification and compensation
study, a copy of which is attached hereto and made a part hereof
by reference.
s/ Ed Schock
Ed Schock, Mayor
544 OCTOBER 13, 1999 VOLUME LXIV
Presented: October 13, 1999
Adopted: October 13, 1999 fF.
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RESOLUTION 99-260 ADOPTED AUTHORIZING EXECUTION OF A
CONTRACTUAL SERVICES AGREEMENT WITH PIZZO & ASSOCIATES, LTD. FOR
WETLAND MITIGATION AT THE FOX BLUFF CORPORATE CENTER
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99-260
RESOLUTION
AUTHORIZING EXECUTION OF A CONTRACTUAL SERVICES AGREEMENT WITH
PIZZO & ASSOCIATES, LTD. FOR WETLAND MITIGATION AT THE
FOX BLUFF CORPORATE CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin'Municipal Code Section
5.02.020B(6) the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and
in the best interests of the city; and
BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager,
and Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute a Contractual Services Agreement on behalf
of the City of Elgin with Pizzo & Associates, Ltd. for wetland
mitigation at the Fox Bluff Corporate Center, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 1.3, 1999
Adopted: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
VOLUME LXIV OCTOBER 13, 1999 545
RESOLUTION 99-261 ADOPTED APPOINTING MEMBERS TO VARIOUS
BOARDS AND COMMISSIONS
Councilman Gilliam made a motion,
Figueroa, to adopt the following
Councilmembers Figueroa, Gilliam,
Yearman and Mayor Schock. Nays:
seconded by Councilman
resolution. Yeas:
Munson, Walters, Wasilowski,
None.
Resolution No. 99-261
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Timothy J. Bates be and is hereby appointed as a
member of the Board of Fire and Police Commissioners to fulfill
the unexpired term of Diane Longfield, for a term to expire May
1, 2001.
BE IT FURTHER RESOLVED that Ben Henrikson be and is hereby
appointed as a member of the Elgin Image Advisory Commission to
fulfill the unexpired term of John Huss, for a term to expire
May 1, 2001.
sl Ed Schock
Ed Schock, Mayor
Presented: October 13, 1999
Adopted: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum,
Dolonna Mecum, City Clerk
RESOLUTION 99-262 ADOPTED.PLACING THE 1998. INTERNATIONAL
PROPERTY MAINTENANCE CODE ON FILE
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
546 OCTOBER 13, 1999 VOLUME LXIV
Resolution No. 99--262
r
RESOLUTION
PLACING THE 1998 INTERNATIONAL PROPERTY MAINTENANCE CODE
ON FILE
WHEREAS, the City of Elgin is considering adopting by
reference the 1998 International Property Maintenance Code as
the property maintenance regulations for the City of Elgin; and
WHEREAS, the 1998 International Property Maintenance Code
has been published by the International Code Council, Inc.,
Country Club Hills, Illinois; and
WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65
ILLS 5/1-1.-3-2) authorizes any municipality to adopt by
reference the provisions of any regulations or public records
provided that. one copy of such regulations or public records is
filed with the City Clerk for a period of thirty days prior to
adoption of an ordinance which incorporates such regulations or
public records by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that a copy of the 1998 International
Property Maintenance Code be and is hereby directed to be placed
on file ..in the office of the City Clerk for public inspection
and examination for a period of thirty days.
sl Ed Schock
Ed Schock, Mayor
Presented: October 1.3, 1999
Adopted: October 13, 1999
Omnibus Vote; Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
iSOLUTION 99--263 ADOPTED AUTHORIZING EXE
'TATE SALE CONTRACT (620 ELGI_N AVENUE)
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock.- Nays: None.
VOLUME LXIV OCTOBER 13, 1999 547
Resolution No. 99-263
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT
(620 Elgin Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute a Real
Estate Sale Contract on behalf of the City of Elgin with Mary
Bates, for the purchase of property commonly known as 620 Elgin
Avenue, Elgin, for $90,000, a copy of which is attached hereto
and made a part hereof by reference.
s./ Ed Schock
Ed Schock, Mayor
Presented: October 13, 1999
Adopted: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna.Me-Cum
Dolonna. Mecum, City Clerk
RESOLUTION 99-264 ADOPTED AUTHORIZING EXECUTION OF A REAL
ESTATE SALE CONTRACT (95 NATIONAL STREET)
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Counc.i.lmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99-264
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT
(95 National Street)
BE IT RESOLVED BY THE`CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna. Mecum, City Clerk,
be and are hereby authorized and directed to execute a Real
Estate Sale Contract on behalf of the City of Elgin with WEC
Marital Trust, LLC, for the purchase of the property located at
95 National Street, Elgin, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
548 OCTOBER 13, 1999 VOLUME LXIV
Presented: October 13, 1999
Adopted: October 13, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RESOLUTION 99--265 ADOPTED AUTHORIZING EXECUTION OF A REAL
ESTATE SALE CONTRACT (955 ILLINOIS AVENUE)
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson., Walters, Wasilowski,
Yearman and Mayor Schock. Nays.: None.
Resolution No. 99-2G.5
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT
(95.5 Illinois Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY.OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute a Real
Estate Sale Contract on behalf of the City of Elgin with Kim
Gaffket and Edward A. Ga:ffket III,. for -the purchase of property
commonly known as 955 Illinois Avenue, Elgin, for $82,000, a
copy of which is attached hereto and made a part hereof by
reference.
s Ed Schock
Ed Schock, Mayor.
Presented: October 13, 1999
Adopted: October 13, 1.999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
VOLUME LXIV OCTOBER 13, 1999 549
.. RESOLUTION 99--266 ADOPTED AUTHORIZING EXECUTION .OF AN
AGREEMENT WITH MUNICIPAL SYSTEMS INC. FOR ADMINISTRATIVE
PARKING AND COMPLIANCE HEARING SYSTEM SOFTWARE
Councilman. Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99-266
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
MUNICIPAL SYSTEMS, INC. FOR ADMINISTRATIVE PARKING AND
COMPLIANCE HEARING SYSTEM SOFTWARE
BE IT RESOLVED BY THE CITY COUNCIL OF THE .CITY OF ELGIN,
ILLINO'IS, that Joyce A. Parker, City Managers and Dolonna Mecum,
City Clerk, be and are hereby authorized.and directed to execute.
an agreement.on behalf of the City of Elgin with Municipal
Systems, Inc. for administrative parking and compliance hearing
system software,'a`copy of which is attached hereto and made a
part hereof by reference.
BEd_ Schock
Ed Schock, Mayor
Presented: October 13, 1999
Adopted: October 13, 1999
Omnibus Vote: Yeas 7 Nays
Attest:
slDolonna Mecum
Dolonna Mecum, City Clerk
ORDINANCE G61-99 PASSED AMENDING THE ELGIN MUNICIPAL CODE
1976,_AS AMENDED, BY ADDING CHAPTER 11.62, ENTITLED
ADMINISTRATIVE ADJUDICATION OF TRAFFIC REGULATIONS CONCERNING
THE STANDING PARKING AND CONDITION OF VEHICLES
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
550 OCTOBER 1.3, 1999 VOLUME LXIV
ORDINANCE NO.: G61-99
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
BY ADDING CHAPTER 11.62, ENTITLED
"ADMINISTRATIVE ADJUDICATION OF TRAFFIC REGULATIONS
CONCERNING THE STANDING, PARKING AND CONDITION OF VEHICLES"
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 regulation of the condition of motor vehicles and their, standing and parking
on the streets and highways within the municipality pertains to the government and affairs of the
City of Elgin; and
WHEREAS, in addition to the home rote powers conferred upon the City of Elgin by the.
1970 Constitution of the State of Illinois, Section 11-208.3 of the Illinois Vehicle Code (62..5 ILCS
5/11-208.3) authorizes the City of Elgin to provide for a system of administrative adjudication of
traffic regulations concerning the standings parking or condition of vehicles; and
WHEREAS, the City Council of the City of Elgin has determined it is necessary and
desirable to enact an ordinance providing for the fair and efficient enforcement of municipal
vehicular standing, parking, and condition of vehicle ordinance violations through administrative
adjudication and to establish a schedule of a iform, fines and penalfies for such violations and, the
authority and procedures for collecting any unpaid fines and penalties.
NOW, THEREFORE, BE IT. ORDAINED by the City Council of the City of Elgin as
follows:
Section 1. That Chapter 11.62, entitled "Administrative Adjudication of Traffic Regulations
Concerning the Standing, Parking and Condition of Vehicles," be and is hereby created as a new
chapter in Title 11 of the Elgin Municipal Code, 1976, as amended, to read as follows:
11.62.010 TITLE ?
This chapter shall be entitled the City of Elgin "Administrative Adjudication of Violations
of Traffic Regulations Concerning the Standing, Parking or Condition of Vehicles Ordinance."
11.62.020 PURPOSE
The purpose of this chapter is to provide for the administrative adjudication of violations of
ordinances defining compliance violations and regulating vehicular standing. and parking within the
city, and to establish a fair and efficient system for the enforcement of such ordinances. The
VOLUME LXZV OCTOBER 13, 1999 551
administrative adjudication system set forth in this chapter is established pursuant to Division 2.1
of the Illinois Municipal Code and Section 11-208.3 of the Illinois Vehicle Code.
11.62.030 ESTABLISHMENT
There is hereby created a system providing for the administrative adjudication of violations
of traffic regulations concerning the standing; parking or condition of vehicles within the city.
11.62.040 ADMINISTRATION
The system of administrative adjudication of vehicular standing, parking, and compliance,
regulation violation shall provide for a traffic compliance administrator, hearing officer, computer
operator/system coordinator and hearing room personnel with the power, authority and limitations
as are hereinafter set forth:
A. Traffic Compliance Administrator. The traffic compliance administrator shall be the fiscal
services manager or his designee. The traffic compliance administrator shall be empowered
and is hereby authorized and directed to:
1. Operate and manage the system of administrative adjudication of vehicular standing,
parking, and compliance regulation violations.
2. Adopt, distribute and process standing, parking, and compliance violation notices
and other notices as may be required under this chapter or as may be reasonably
required. to carry out the purpose of this chapter.
3. Collect money paid as fines and penalties assessed for violations of parking and
compliance ordinances.
4. Certify copies of final determinations of standing, parking, and compliance
regulation violations liability and factual reports verifying that the final determina-
tion of standing, parking, and compliance regulation violations liability was issued
in accordance with this chapter and Section 11-208.3 of the Illinois Vehicle Code
(625 ILCS 5/11-208.3),. as amended.
5. Certify reports to the Illinois Secretary of State concerning initiation of suspension
of driving privileges in accordance with the provisions of this Ordinance,
hereinafter set forth, and those of Section 6-306.5 of the Illinois Vehicle Code
(625 ILCS 5/6-306.5), as amended.
6. Review final determinations of vehicular standing, parking, and compliance
regulation violations liability, validity of notices of impending impoundment or
validity of notice of impending drivers license suspension, in an administrative
review capacity in accordance with the provisions of this chapter, hereinafter set
forth.
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552 OCTOBER 13, 1999 VOLUME LXIV
7. Promulgate rules and regulations reasonably required to operate and maintain the
administrative adjudication system hereby created.
8. Obtain the corporation counsel's advice and consent regarding the method of
collecting unpaid fines and penalties by either filing complaints in the circuit court
or selecting or appointing an individual or agency to act on behalf of this city in
filing complaints seeking judgments for unpaid fines or penalties and pursuit of
all post judgment remedies available by current law.
B. Hearing Officer. The hearing officers shall be appointed by the city council for a two-year
term and shall serve pursuant to the terms set forth in an employment agreement for such
services as determined by the city council. Hearing officers shall be subject to removal for
cause upon a majority vote of the city council. To ensure the efficient operation of the
administrative hearings; the city council may appoint more than one he officer. A
hearing officer shall:
1. Preside over the administrative hearings, established herein, as the adjudicator.
2. Administer oaths.
3. Issue subpoenas to secure the attendance of witnesses and the production of relevant
papers or documentation provided the applicable witness fees provided in Section 4.3
of the Circuit Courts Act (705 IIMCS 35/4.3), as amended, have been paid the parry
requesting the subpoena.
4. Assess fines and penalties for the violation of vehicular standing, parking, or
compliance regulation violations set forth in Section 9 of this chapter.
5. Make a final determination of:
a. The liability for any vehicular standing, parking and compliance regulation.
b. The validity of notice of any impending impoundment.
C. The validity of notice of impending drivers license suspension in accordance
with the provisions of this chapter, hereinafter set forth.
6. Provide for the accurate recording of the administrative adjudication hearings.
C. System Coordinator/Computer Operator. The system coordinator/computer operator shall
be appointed by the city manager and is hereby authorized. and directed to operate and
maintain the computer programs for the administrative adjudication system created in this
chapter. The system coordinator/computer operator shall be responsible for entering and
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VOLUME LXTV OCTOBER 13, 1999 553
tracking data and producing and when applicable, generating written documentation
pertaining to:
1. Violation notice information.
2. Hearing dates and notice dates.
3. Fine and penalty assessments and payments.
4. Issuance of payment receipts.
5. Succeeding notices of hearing dates, final determination of liability, notice of
impending impoundment, and notice of impending drivers license suspension, as
directed by the traffic compliance administrator in accordance with the provisions
hereinafter set forth.
6. Records of appearances and non -appearances at administrative hearings, pleas
entered, fines and penalties assessed and paid.
D. Hearing Room Personnel. The hearing room personnel shall be appointed by the city
manager and shall otherwise be employed as full-time, part-time or auxiliary City of Elgin
police officers. The hearing room personnel are hereby authorized and directed to:
1. Maintain hearing room decorum.
2. Have and execute the authority granted to courtroom deputies of the circuit court.
3. Perform such other duties or acts as may reasonably be required and as directed
by the hearing officer or traffic compliance administrator. -
E. Nothing- in this chapter shall be intended. to prohibit one person from holding and fulfilling the
requirements of one or more of the above stated positions.
F. Compensation to be paid for each of the above stated positions shall be as determined and
approved by the city council.
11.62.050 PROCEDURE
The system of administrative adjudication of vehicular standing, parking, and compliance
regulation violations shall be in accordance with the following procedures and final determinations
of liability of vehicular standing, parking, and. compliance regulation violations, validity of notice
of impending impoundment, validity of notice of impending drivers license suspension,
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554 OCTOBER 13, 1999 VOLUME LXTV
a
impoundment of vehicle and collections shall be made only in accordance with the provisions set
forth below:
A. Violation Notice. A vehicular standing, parking, and compliance regulation violation notices
("violation notice") shall be issued by the persons authorized herein and shall contain
information and shall be served, certified and have evidentiary admissibility as is hereinafter
set forth.
B. Authorization. All full-time and part-time City of Elgin police officers, auxiliary police
officers and community service officers shall have the authority to issue violations notices.
C. Detection of Violations. Any individual authorized to issue a violations notice pursuant to
this chapter who detects a violation of any applicable provision of this code shall issue and
serve a note of violation notice as set forth in this chapter.
D. Contents of Violation Notice. The vehicular standing, parking, and compliance regulation
violation notice shall contain, but shall not be limited to, the following information:
1. The date, time and place of the violation.
2. The particular vehicular standing, parking, or compliance regulation violated.
3. The vehicle make and state registration number. f
4. The fine and any penalty which may be assessed for late payment.
5. Th identification number of the person issuing the notice and his or her signature
which shall certify the correctness of the specified information as provided in Section
11-208.3 of the Illinois Vehicle Code, as amended.
6. A section entitled "Request for Hearing" which shall clearly set forth that the.
registered owner or lessee may appear at the initial administrative hearing to contest
the validity of the violation notice on the date and at the time and place as specified
in the violation notice by
a. Checking or placing a mark in a space provided and clearly identified,
"Request for Hearing."
b. Placing his or her name and. current address in the place provided.
C. Signing his or her name in the appropriate indicated place.
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VOLUME LXIV OCTOBER 13, 1999 555
d. Filing the violation notice with the "Request for Hearing" portion
fully completed with the traffic compliance administrator post-
marked within ten (10) days of the violation notice issuance. The
request shall be deemed filed upon receipt by the traffic compliance
administrator.
7. The date, time and place of an administrative hearing at which the violation may be
contested on its merits.
8. That payment of the indicated fine and any late payment penalty shall operate as
a final disposition of the violation.
9. A section entitled "Non -Resident Request for Hearing — Non -Appearance" which
clearly sets. forth that anon -resident registered owner or lessee may appear at the
initial administrative hearing to contest the validity of the violation notice without
personally appearing by:
a. Checking or placing a mark in a space provided and clearly identified,
"Non -Resident Request for Hearing — Non-appearance."
b. Placing his or her name and current address in the place provided.
C. Signing his or her name in the appropriate indicated place.
d. Filing the violation notice with the "Non -Resident Request for
Hearing" portion fully completed with the traffic compliance
administrator postmarked within ten Q 0) days of the violation notice
issuance. The request shall be deemed filed upon receipt by the traffic
compliance administrator:
e. Filing a sworn and notarized statement. of facts specifying the
grounds for challenging the violation notice which. must be filed with.
the traffic compliance administrator postmarked. within ten (10) days
of the violation notice issuance. The request shall be deemed filed, if
post marked by the due dates herein specified,
f. A clearly marked statement that execution of the Non -Resident Request for
Hearing is a waiver of the non-resident's right to a personal appearance and
that the adjudication will be made based upon. the sworn and notarized state-
ment of facts submitted by the non-resident and the facts contained in the
violations notices.
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556 OCTOBER 13, 1999 VOLUME LX1V
E. Service of Violation Notices. Service of the violation notices shall be made by the person issuing
such notice by either:
1. Affixing the original or a facsimile of the notice to an unlawfully standing or
parked vehicle.
2. Handling the notice to the registered owner, operator or lessee of the vehicle, if
present.
F. Certification of Facts Alleged in Violation Notice. The correctness of facts contained in the
vehicular standing, parking, or compliance regulation violations notices shall be certified by
the person issuing said notice by either-
L. Signing his or her name to the notices at the time of service.
2. Signing a single certificate, to be retained by the traffic compliance administrator,
attesting to the correctness of all notices produced by the device while under his/her
control when the violation notice is produced by a computer device.
G. Retention of Violation Notices. The original or a facsimile of the violations notices shall be
retained by the traffic compliance administrator and kept as a record. in the ordinary course
of business.
H. Prima Facia Evidence of Correctness. Any violations notices issued, signed and served in
accordance herewith, or a copy of the notice, shall be prima facia correct and shall be prima
facia evidence of the correctness of the facts shown. on the notice.
I. Admissibility. The violations notices or a copies shall be admissible in any subsequent
administrative or legal proceeding.
11.62.060 ADMINISTRATIVE HEARINGS
An administrative hearing to adjudicate the alleged standing, parking, or compliance
regulation violation on its merits shall be conducted in accordance with the following provisions.
A. Persons Entitled to Hearings. The registered owner or operator of the cited vehicle shall
be entitled to an administrative hearing pursuant to Section 11-208.3 of the Illinois
Vehicle Code (625 ILCS 5/11 208.3), as amended and the lessee of the cited vehicle shall
also be entitled to an administrative hearing pursuant to Section 11-1306 of the Illinois
Vehicle Code (625 ILCS 5/11-1306) as amended, both statutory provisions being
incorporated intothis chapter by reference.
B. Hearing Dates. Hearing dates shall be at the date, time and place as is set forth in the
violation notice issued and served, or such additional notices issued in accordance with
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VOLUME LXIV OCTOBER 13, 1999 557
this chapter. Violators shall be given not less than three (3) opportunities to appear.
Failure to appear by the third scheduled hearing date will result in a "Final. Determination
of Liability" as hereinafter set forth.
C. Tape Recordings. Hearings shall be tape recorded.
D. Grounds for Review. A person charged with a vehicular standing, parking, or compliance
regulation violation may contest the charge at an administrative hearing limited to one or
more of the following grounds with appropriate evidence to support:
1. The person issued the violation notice was not the owner or lessee of the cited
vehicle at the time of the violation.
2. The cited vehicle or its. state registration plates were stolen at the time the viola-
tion occurred.
3. The relevant signs prohibiting or restricting parking were missing or obscured.
4. The relevant parking meter was inoperable or malfunctioned through no fault of
the person issued the violation notice.
5. The facts alleged in the vehicular standing, parking, or compliance regulation
violation notice are inconsistent or do not support a finding that the specified
regulation was violated.
6. The illegal condition described in the compliance violation notice did not exist at
the time the notice was issued.
7. The compliance violation has been corrected prior to the adjudication of the
charge provided, however, that this defense shall not be applicable to compliance
violations involving motor vehicle exhaust systems under Section 12-602 of
Chapter 11.52 of this code; as amended; to compliance violations relating to glass
coverings or coatings under Section 12-503 of Chapter 11.52 of this code, as
amended; to compliance violations relating to vehicle size, weight and load limits
under Sections 15-100 through 15-203, inclusive, of Chapter 11.52 of this code,
as amended; and, to violations relating to designated truck routes under Section
11.40.085 of Chapter 11.40 of this code, as amet_1ed.
E. Hearing Officer's Determination. The hearing shall culminate in a determination of liability or
non -liability made by the hearing officer after considering testimony and other evidence
without the application of the formal or technical rules of evidence. The hearing officer shall,
upon a determination of liability, assess fines and penalties in accordance with Section
11.62.110 of this chapter.
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558 OCTOBER. 13, 1999 VOLUME LXIV
F. Representation by Attorney. Persons appearing to contest the alleged standing, parking,
or compliance violation on it's merits may be represented by counsel at their own
expense.
G. Review. The final determination of any matter which may be decided by the Hearing
Officer may be reviewed as is hereinafter set forth.
11.62.050 ADDITIONAL NOTICES
Upon failure of the registered owner or lessee of the cited vehicle to appear at the administra-
tive hearing indicated in the vehicular standing, parking, or compliance regulation violations notices,
or upon final determination of violation liability, the traffic compliance administrator shall send or
cause to be sent additional notices which:
A. Shall be sent to the registered owner or lessee of the cited vehicle at the address as is
recorded with the Illinois Secretary of State.
B. Shall be sent to the lessee of the cited vehicle at the address last known to the lessor of the
cited vehicle at the time of the lease.
C. Shall be sent by first class mail, postage prepaid.
D. Service of additional notices sent in accordance herewith shall be complete as of the date of
deposit in the United States mail.
E. The additional notices sent in accordance herewith shall be in the following sequence and contain,
but not be limited to, the following information:
1. Upon the failure of the registered owner or lessee of the cited vehicle to appear at the
hearing set forth in the vehicular standing,. parking, or compliance regulation viola-
tions. notices; additional notices shall be sent, as.. above set forth, and shall contain,
but not be limited to the following information
a. Date and locations of violation cited in the vehicular standing, parking,
or compliance regulation violations notices.
b. Particular standing, parking, or compliance regulation violated.
C. Vehicle make and state registration.
d. Fine and any penalty that may be assessed for late payment.
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VOLUME LXTV OCTOBER. 13, 1999 559
e. Notice to the registered owner or lessee of their current status, other than paid
in full.
f. Date, time and place of the administrative hearing at which the alleged
violation may be contested on its merits.
g. Statement that failure to either pay fine and any applicable penalty or failure
to appear at the hearing on it's merits on the date and at the time and place
specified will result in a final determination of vehicle standing, parking, or
compliance regulation violations liability for the cited violation in the amount
of the fine and penalty indicated.
h. Statement that upon the occurrence of a final determination of vehicular
standing, parking, or compliance violations liability for the failure, and. the
exhaustion of, or the failure to exhaust, available administrative or judicial
procedures for review, any unpaid fine or penaltywill constitute. a debt due
and owing the city.
2. A notice of final determination of vehicular standing, parking, or compliance
regulation violations liability shall be sent following an appearance by the violator
and a determination of liability, or the failure to appear by the violator by the third
and final hearing date upon conclusion of any administrative or judicial review, as
is hereinafter set forth, and the notice shall contain, but not be limited to, the
following information and warnuigs:
a. A statement that the unpaid fine and any penalty assessed is a debt
due and owing the city.
b. A warning that failure to pay the fine and any penalty due and owing
the city within the time specified may result 'in the city's filing a
complaint in the circuit court to have the unpaid fine or penalty
rendered a judgement in accordance with. Section 11-208.3(f) of the
Illinois Vehicle Code (625 ILLS 5/I1-208.3 (f)), as amended, and
incorporated herein by reference.
A warning that the vehicle owned by the person and located within the city
may be impounded for failure to pay fines or penalties for five (5) or more
vehicular standing, parking, or compliance regulation violations.
d. A warning that the person's drivers license may be suspended for failure to
pay fines or penalties for. ten (10) or more vehicular standing or parking
violations under Section 6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-
306.5), as amended, and incorporated herein by reference.
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560 - OCTOBER 13, 1999 VOLUME LXIV
3. A notice of impending suspension of a person's drivers license shall be sent to any
person determined to be liable for the payment of any fine or penalty that remains
due and owing on ten (10) or more vehicular standing or parking regulation
violations:
a. The notice shall state that the failure to pay the fine or penalty owing
within forty-five (45) days of the date of the notice will result in the
city's notifying the Illinois Secretary of State that the person is
eligible for initiation of suspension proceedings under Section 67
306.5 of the Illinois Vehicle Code (625 ILCS 5/6-3.06.5), as amended,
and incorporated herein by reference.
b. The notice of impending drivers license suspension shall be sent by first class
United States mail, postage prepaid, to the address recorded with the Illinois
Secretary of State.
11.62.080 ' FINAL DETERMINATION OF LIABILITY
A final determination of vehicular standing, parking, or compliance regulation violations
liability shall:
A. Occur following the failure to pay the total assessed fine and any penalty after the hearing
officer's deter=* ation of vehicular standing, parking, or compliance regulation violations
liability and the exhaustion of or the failure to exhaust any administrative review procedures
hereinafter set forth, or
B. Where a person fails to appear. at a prior hearing or by the third and final administrative
hearing provided to contest the alleged violations on the date and at the time and place
specified in aprior served or ma notice, the hearing officer's determination of vehicular
standing, parking, or compliance regulation violations liability shall become final;
1 Upon denial of a timely petition to set aside that determination, or
2. Upon the expiration of the period for filing petition without a filing having been
made.
11.62.090 ADMINISTRATIVE REVIEW
A petition to set aside a determination of vehicular standing, parking, or compliance
regulation violations liability may be filed by a person owing an unpaid fine or penalty in the manner
and subject to the restrictions and grounds hereinafter set forth:
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VOLUME LXIV OCTOBER 13, 1999 561
A. A written petition to set aside a determination of liability must be filed in the office of the
traffic compliance administrator within, but not later than, fourteen (14) days from the date
the determination of liability is made.
B. The traffic compliance administrator shall act upon the petitions timely filed and render a
decision thereon within fourteen (14) days of the date filed.
C. The grounds for setting aside a determination of liability shall be limited to the following:
The person against whom the determination of liability is made was not the owner
or lessee of the cited vehicle on the date the vehicular standing, parking, or
compliance regulation violations notices were issued.
2. The persons having paid the fine and any penalty prior to the determination of
liability for the violations in question.
3. Excusable failure to appear at or request a new date for a hearing.
D. Should the determination of liability be set aside, the traffic compliance administrator shall:
1. Notify the registered owner, or lessee, as the case may be, that the determination
of liability has been set aside.
2. Notify the registered owner, or lessee, as the case may be, of a date, time and
place for, a hearing on the merits of the violation for which determination of
liability has been set aside.
3. Notice of setting aside of the determination of liability and the notice of the
hearing date shall be by first class mail, postage prepaid to the address set forth
on the petition to set aside the determination of liability.
4. Service of the notice shall be complete on the date the notices are deposited in the
United States mail.
11.62.100 NON-RESIDENT PROCEDURES
Non-residents of this city who have been served vehicular standing, parking, or compliance
regulation violations n6dees, in accordance with this chapter, may contest the alleged violation on
its merits at an administrative hearing or may contest the validity of the alleged violation without
personally appearing at an administrative hearing by:
A. Completing, in full, the "Non -Resident Request for Hearing" section. of the violation notice,
served upon hire or her pursuant to this chapter.
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562 OCTOBER 13, 1999 VOLUME LXIV
B. Signing the "Non -Resident Request for Hearing" in the space specified in the violation
notice, and acknowledging that his or her personal appearance is waived and submitting to r
an adjudication based upon the sworn and notarized statement filed by him or her and the
facts contained in the violation notice.
C. Filing the violation notice with the "Request for Hearing" section fully completed with the
traffic compliance administrator postmarked. witbin ten (10) days of the violation notice
issuance. The request shall be deemed filed upon receipt by the traffic compliance
administrator.
D. Filing a sworn and notarized a statement of facts specifying the grounds for challenging the
violation notice which must be filed with the traffic compliance administrator postmarked
within ten (10) days of the violation notice issuance. The request shall be deemed filed upon
receipt by the traffic compliance administrator. The traffic compliance administrator may,
with good cause shown, accept a "Non -Resident Request For Hearing" received after the due
date and schedule the same for hearing consideration and decision.
E. Grounds for Review. A person charged with a vehicular standing, parking, or compliance
regulation violation may contest the charge at a non-resident administrative hearing by asserting
one or more of the grounds, with appropriate evidence to support, set forth in Section
11.62..060(D) of this chapter.
F. The hearing officer shall make an adjudication based upon the facts set forth in the sworn
and notarized statement of facts filed by the non-resident and as is contained in the violation
notice.
G. Notice of the deter.-nin Lion of h.e shearing officer shall be served upon the non-resident by
first class mail, postage prepaid, addressed to the non-resident at the address set forth in the
statement of facts submitted.
H. Service of the notice shall be complete on the date the notice is placed in the United States
mail.
1. All other provisions of this chapter shall apply equally to non-residents of this city.
11.62.110 SCHEDULE OF FINES AND PENALTIES
The violation of any provision of Title 11 of this code, as amended, restricting or regulating
the standing, parking or condition of vehicles, and the violation of any provision of the Illinois
Compiled Statutes governing the standing, parking, or condition of vehicles adopted by reference
in Title 11 of this code, shall be a civil offense punishable by the fines set forth as follows:
A. Level One. A fine of $10.00 shall be imposed if paid within ten (10) days of the issuance of
the violation notice provided a request for hearing contesting the violation notice has not
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VOLUME LXIV OCTOBER 13, 1999 563
been filed. A fine of $100.00 shall be imposed if paid within ten (10) days of the issuance
J of a violation notice alleging a violation of Section 11.60.155 of this code (unauthorized use
of parking spaces reserved for handicapped persons), as amended, or Section 11.60.156 of
this code (handicapped parking spaces), as amended, provided a request for hearing
contesting the violation notice has not been filed.
B. Level Two. A fine of $25.00 shall be imposed if paid more than ten (10) days after the
issuance of the violation notice but before the first scheduled hearing date. A fine of $150.00
shall be imposed if paid ten more than (10) days after the issuance of the violation notice but
before the first scheduled hearing date for any violation notice alleging a violation of Section
11.60.155 of this code (unauthorized use of parking spaces reserved for handicapped
persons), as amended, or Section 11.60.156 of this code (handicapped parking spaces), as
amended.
C. Level Three. A fine of $50.00 shall be imposed if paid on the first scheduled hearing date or
before the second scheduled hearing date. A fine of $175.0.0 shall be imposed for any
violation notice alleging a violation of Section 11.60.155 of this code (unauthorized use of
parking spaces reserved for handicapped persons), as amended, or Section 11.60.156 of this
code (handicapped parking spaces), as amended, if paid on the first scheduled hearing date
or before the second scheduled hearing date.
D. Level Four. A fine of $75.00 shall be imposed if paid on the second scheduled hearing date
or before the third scheduled hearing date.. A fine of $200.00 shall. be imposed for any
violation notice alleging a violation of ,Section 11.60.155 of this code (unauthorized use of
parking spaces reserved for handicapped persons), as amended, or Section 11.60.156 of this
code (handicapped parking spaces), as amended, if paid on the second scheduled hearing date
or before the third scheduled hearing date.
E. Level Five. A fine of $100.00 shall be imposed if paid on the third scheduled hearing date or upon
a finding of liability for the violation by the hearing officer after the registered owner or operator
of the vehicle cited in the violation notice failed to appear at the third scheduled hearing. A fine
of $250.00 shall be imposed for any violation notice alleging a violation of Section 11.60.155 of
this code (unauthorized use of parking spaces reserved for handicapped persons), as amended, or
Section 11.60.156 of this code (handicapped parking spaces), as amended, if paid on the third
scheduled hearing date or upon a finding of liability for the violation by the hearing officer after
the registered owner or operator of the vehicle cited in the violation notice failed to appear at the
third scheduled hearing.
11.62.120 CERTIFIED REPORT AND CONTESTING CERTIFIED REPORT
Certified. Reports shall be made to the Illinois. Secretary of State when a person fails to pay
ten (10) or more vehicular parking regulation violations in accordance with the following provisions:
i'
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564 OCTOBER 13, 1999 VOLUME LXIV
F. Upon a failure to pay fines and penalties deemed due and owing the city after the exhaustion
of administrative procedures set forth herein for ten (10) or more vehicular parking regulation
violations, the traffic compliance administrator shall make a certified report to the Illinois
Secretary of State stating that the owner of a registered vehicle has failed to pay any fine or
penalty due and owing the city as a result of ten (10) or more violations of city vehicular
standing or parking regulations and thereby cause the suspension of that persoes driver's
license.
G. The traffic compliance administrator shall take no further action unless and until the fines
and penalties due and owing the city are paid or upon determination that the inclusion of
the person's name on the certified report was in error. At such time, the traffic compli-
ance administrator shall submit to the Illinois Secretary of State a notification which shall
result in the halting of a driver's license suspension proceedings. The person named
therein shall receive a certified copy of such notification upon request and at no charge.
H. Persons may challenge the accuracy of the certified report by completing a form provided
by the traffic compliance administrator. The form shall specify the grounds on which
such challenge is based. Grounds for challenge shall be limited to the following:
1. The person was neither the owner nor the lessee of the vehicle receiving ten (10)
or more violation notices on the date or dates such notices were issued; or
2. The person has paid the fine and any penalties for the ten (10) or more violations
indicated on the certified report,
I. The. traffic compliance administrator shall render a determination within fourteen (14)
business days of receipt of the. objection. form and shall notify the objector of the determina-
tion.
11.62.130 IM MOBILIZATION, TOWING AND IMPOUNDMENT
The immobilization, towing and impoundment of motor vehicles shall. be conducted in
accordance with the following provisions:
A. Any motor vehicle whose registered owner has been determined to be liable for five (5) or
more vehicular standing, parking, or compliance regulation violations, for which the fines
or penalties assessed remain unpaid, may be immobilized or towed and impounded by a
towing contractor designated by the city if-
1. The traffic compliance administrator has determined that a person has been
determined to be liable for five (5) or more vehicular standing, parking, or
compliance regulation violations, the fines or penalties for which remain unpaid.
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VOLUME LXIV OCTOBER 13, 1999
565
2. The person determined to be liable for five (5) or more violations is the registered
owner of a motor vehicle located within the city's jurisdiction.
3. A pre -towing notice has been sent to the registered owner of the motor vehicle
which contains, but shall not be limited to the following:
a. That a final determination has been made on five (5) or more vehicular
standing, parking, or compliance regulation violations, the fines and penalties
for which remain unpaid.
b. A. listing of the violations for which the person has been determined
to be liable, which shall include for each violation:
i. The name and address. of the registered owner.
ii. The state registration number of the vehicle or vehicles registered to
the owner.
iii. The vehicular standing, parking, or compliance regulation violation
notice number.
iv. The date of issuance of the violation notices.
IV. The total amount of fines and penalties assessed.
C. That the motor vehicle owned by the person and located within the
city is subject to immobilization or towing and impoundment if the
fines and penalties are not paid within fourteen (14) days of the date
of the notice. The request for hearing shall be deemed filed upon
receipt by the traffic compliance. administrator.
4. The motor vehicles of the registered owner to whom notice is sent has failed to make
payment of the fines or penalties as specified in the notice and no timely request for
hearing has been filed with the traffic compliance administrator to contest the validity
of the notice.
B. Upon the receipt of the request for hearing to contest the validity of the notice of impending
immobilization or towing and impoundment, the traffic compliance administrator shall
schedule an administrative hearing to contest the validity of said notice by disproving
liability for the unpaid final detenninations of parking, standing, or compliance violation
liability listed on the notice, on the next available hearing date, but in no case shall the
hearing be scheduled later than sixty (60) days after the request for hearing is filed.
16
566 OCTOBER 13, 1999 VOLUME LX1V
1. The registered owner may contest the validity of the notice by fully completing and
signing the request for hearing portion of one notice and by filing the request for
hearing with the traffic compliance administrator within, but not later than fourteen
(14) days of the date of the notice. Grounds for review shall be limited to documen-
tary evidence which would conclusively disprove liability upon one or both of the
following grounds:
a. All fines and penalties for the violations cited in the notice have been paid in
full.
b. The registered owner has not accumulated five (5) or more final determina-
tions of parking or compliance violation liability which were unpaid at the
time the notice of impending vehicle immobilization was issued.
2. The traffic compliance administrator shall serve notice of the hearing date upon the
registered owner.
3. Notice shall be sent by first class mail, postage prepaid to the address as is set forth
on the request for hearing.
4. Service of the notice shall be complete on the date it is placed in the United States
mail.
5. The hearing officer shall render a determination of the objector's claim at the
scheduled hearing date.
C. Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a
conspicuous place. Such notice shall warn that the vehicle is immobilized and that any
attempt to move the vehicle may result in its damage. The notice shall also state that the
unauthorized removal of or damage to the immobilizing restraint is a violation of Sections
16-1 and 21-1 of the Illinois Criminal Code (720 ILCS 5116-1 and 5/21-1), as amended. The
notice shall provide information specifying. how release of the immobilizing restraint may
be had, and how the registered owner may obtain an immobilization hearing. If the restraint
has not been released within forty-eight (48) hours of its placement, the restraint shall be
released and the vehicle towed and impounded.
D. The owner of an immobilized vehicle or other authorized person may secure the r-lease of
the vehicle by paying the immobilization, towing and storage fees provided in subsection (F)
herein., and all fines and penalties remaining due on each final determination for liability
issued to such person.
17
VOLUME LXIV OCTOBER 13, 1999 567
E. The traffic compliance administrator shall serve a post -towing notice upon the registered owner
of a vehicle immobilized or towed and impounded under this section which notice shall contain,
but not be limited to the following information:
1. The date of immobilization or towing and date of impoundment.
2. The location of vehicle.
3. A statement that the vehicle was immobilized under this section of this
chapter for non-payment of fines or penalties assessed for the violation of
five (5) or more violations of vehicular standing, parking, or compliance
regulations for which the registered owner has been determined liable and
notified of impending immobilization or towing and impoundment.
a. The date of notice of immobilization or towing and impoundment.
b. A statement that the registered owner may contest the validity of the
immobilization or towing and impoundment by completing and
signing the request for hearing portion of the notice and filing the
request for hearing with the traffic compliance administrator within,
but not later than, fourteen (14) days of the date of the notice. The
notice shall be deemed filed upon receipt by the traffic compliance
administrator.
F. The registered owner of a vehicles immobilized or towed and impounded under this section
shall have the right to a prompt administrative hearing without the requirement of payment
of outstanding fines and penalties for which final determination has been made.
G. Upon the receipt of a timely request for hearing to contest the validity of the immobilization
of towing and impoundment, the ,traffic compliance administrator shall schedule an
administrative hearing to contest the validity of the immobilization or towing and impound-
ment on the next available hearing date or if sooner scheduled by the traffic compliance
administrator for good cause shown.. The traffic compliance administrator shall serve notice
of the hearing date upon the registered owner. Notice shall be sent by first class mail, postage
prepaid to the address as is set forth on the request for hearing. Service of the notice shall be
complete on the date it is placed in the United States mail.
1. The grounds for review by which the registered owner may contest the validity of the
immobilization or impoundment shall be limited to documentary evidence which
would conclusively establish that the immobilization or impoundment was erroneous
based upon one or both of the following grounds:
558 OCTOBER 13, 1999 VOLUME LXTV
a. All fines and penalties for the violations cited in the notices upon which the
immobilization or impoundment was based have been paid in fu11 prior to the
immobilization or impoundment.
b. The registered owner has not accumulated five (5) or more final determina-
tions of parking or compliance violation liability which were unpaid at the
time of the immobilization or impoundment.
2. An order entered after the hearing to contest the validity of the immobilization or
towing and impoundment is a final administrative decision within the meaning of the
Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.), as amended and
incorporated herein by reference.
H. Within ten (10) days after a vehicle has been impounded, a notice of impoundment shall be
sent by certified snail, return receipt requested, to the address of the registered owner as listed
with the Illinois Secretary of State. The notice shall state that the owner has the right to
request a post -immobilization hearing as provided in subsection (D) herein, and that if the
vehicle is not claimed within thirty (30) days from the date of the notice, the vehicle may be
sold or otherwise disposed of in accordance with Section 4-208 of the Illinois Vehicle Code
(625 ILLS 5/4-208). as amended.
I. The fee for immobilization shall be $60.00, the fee for towing. subsequent to immobilization
shall be $105.00, or $135.00 if the vehicle has a gross weight of 8000 pounds or more, and
the storage fee shall be $10.00 per day, for the first ten days, and $20.00 per day thereafter
or $25.00 per day of the vehicle has a gross weight of 8000 pounds or more, provided that
no fees shall be assessed for any immobilization or tow which has bee determined to be
erroneous.
J. It shall be unlawful to relocate or tow any vehicle restrained by an immobilization device
without the written approval of the city traffic compliance administrator. The registered
owner of the immobilized vehicle and any person who relocates an immobilized vehicle in
violation of this subsection shall be. subject to a penalty of $500.00 for such violation.
11,62.140 JUDICIAL REVIEW
Judicial review of final determinidons of vehicular standing, parking, or compliance
regulation violations and final administrati:`e decisions issued after hearings regarding vehicle
immobilization or towing and impoundment made under this section shall be subject to the
provisions of the Administrative Review Law as set forth in 735 ILLS 5/301, et seq., as amended
and incorporated herein by reference.
11.62.150 DEBT TO CITY
19
VOLUME LXIV OCTOBER 13, 1999 569
Any fine, penalty or part of any fine or any penalty assessed in accordance with the
provisions of this chapter remaining unpaid after the exhaustion of or the failure to exhaust
administrative remedies created under this chapter, and the conclusion of any judicial review
procedures, shall be a debt due and owing the city and, as such, may be collected in accordance with
the applicable law. Payment in full of any fine or penalty resulting from a standing, parking, or
compliance violation shall constitute a final disposition of that violation.
11.62.160 JUDGMENT
The traffic compliance administrator shall, following the expiration of the period within
which administrative or judicial review may be sought for a final determination of violation, take
all necessary actions, execute all required documents and subject to the advice and consent of the
corporation counsel, appoint or retain. any individual or agency deemed appropriate to obtain a
judgment against and collect moneys from the persons who have been assessed fines or penalties
which remain unpaid and have become a debt due and owing the city in accordance with this chapter
and Section 11-208.3 of the Illinois. Vehicle Code (625 ILCS 5/11-208.3),. as amended, by:
A. Filing a complaint in the circuit court praying for the entry of a judgment against the person
for whom a final determination of standing, parking, or compliance regulation violations
liability has Been made.
B. The complaint filed by the traffic compliance administrator or individual or agency on behalf
of the city seeking entry of a judgment against an individual for unpaid. fines and or penalties
pursuant to a final determination of standing, parking, or compliance regulation violations
shall have appended;
1) A certified copy of the final determination of the standing, parking, or
compliance regulation violations.
2) A certification that recites facts sufficient to show that the final determination
of standing, parking, or compliance regulation violations was issued in
accordance with this chapter and Section 11-208.3 of the Illinois Vehicle
Code (625 ILCS 5/11-208.3), as amended.
C. Nothing shall prevent the city from consolidating multiple final determinations of standing,
parking, or compliance regulation violations liability in an action in the circuit court against
an individual.
D. Pursuing all available remedies, allowed by law, to collect money judgments.
E. Service of summons and a copy of the complaint may be served upon the. person against whom
a judgment is sought under the provisions of this chapter by any method provided under Section
2-203 of the Illinois Code of Civil Procedure (735 ILCS 5/2-203), as amended incorporated by
reference, or by certified mail, return receipt requested, provided the total amount of fines and
go]
570 OCTOBER 13, 1999 VOLUME LXIV
penalties for final determination of standing, parking, or compliance regulation violations does
not exceed $2,500.00.
Section 2. Severability.. Should a court of competent jurisdiction determine that one or more
sections or subsections of this ordinance. is or are invalid, the remaining sections and subsections
hereof shall remain in full force and effect.
Section 3. That Section 11.76.010, entitled "Procedure Upon Arrest," of Chapter 11.76 of the
Elgin Municipal Code, 1976, as amended, be and is hereby further amending by adding new
subsection (C) to read as follows:
C. By issuing a violation notice in accordance with the provisions set forth in Chapter
11.62 of this code, as amended, for the violation of any provision of Tile 11 of this
code, as amended, restricting or regulating the standing, parking or condition of
vehicles, or the violation of any provision of the Illinois Compiled. Statutes
governing the standing, parking; or condition of vehicles adopted by reference in
Title 11 of this code.
Section 4. That Section 11.76.050, entitled "Penalty for Parking Violation," of Chapter 11.76
of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed in its entirety.
Section 5. Repealer. Any and all ordinances, sections or subsections of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 6. Effective Date. This ordinance, upon its passage and publications as required by
law, shall become effective on December 1, 2000.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 13, 1999
Passed: October 13, 1999
Vote: Yeas 7 Nays 0
Recorded: October 14, 1999
Published: October 15, 1999
Attest:
s/ Dolo.nna Mecum
Dolonna Mecum, City Clerk
21
VOLUME LXIV OCTOBER 13, 1999 571
REPORTSLMINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilman Gilliam made a motion, seconded by Councilman
Walters, to place the following reports and minutes on file.
Yeas: Councilmembers Figueroa, Gilliam, Munson, Walters,
Wasilowski, Yearman and Mayor Schock. Nays: None.
Hotel/Motel Tax -- August 1999
State of Illinois Revenue Reports:
Sales Tax - June 1999
Local ,Sales Tax - June 1999
Income Tax -- August 1999
State Photo Processing Tax - June 1999
State Use Tax - June 1999
Cultural Arts Commission Minutes for August 9 and 16, 1999
Emergency Telephone Systems Board of Elgin Minutes for August
19, 1999
Heritage Commission Design Review Subcommittee Minutes for
August 10 and 24, 1999
Liquor Control Commission Minutes for July 7 and 21, 1999
Planning and Development "Commission Minutes for August 16, and
September 7, 1999
Committee of the Whole Minutes:
Special Meeting - August 28, 1999
Special Meeting - September 1, 1999
Regular Meeting - September 8, 1999
City Council Minutes for September 8, 1999
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilman. Walters made a motion, seconded by Councilman
Wasilowski, to adjourn and reconvene the Committee of the Whole
meeting. Yeas: Councilmembers Figueroa, Gilliam, Munson,
Walters, Wasilowski, Yearman and Mayor Schock. Nays: None.
The meeting adjourned at 8:32 p.m.
Dolonna Mecum, City Clerk
October 27, 1999,„
Date Approved
VOLUME LXIV OCTOBER 27, 1999 572
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
The regular meeting of the Council of the. -City of Elgin,
Illinois, was held on October 27, 1999, in the Council
Chambers. The meeting was called to order by Mayor Schock at
8:03 p.m. The Invocation was given by Councilman Walters, and
the Pledge of Allegiance was led by Councilwoman Munson.
ROLL CALL
Roll call was answered by Councilmembers Figueroa, Gilliam,
Munson, Walters, Wasilewski, Yearman and Mayor Schock. Absent:
None.
MINUTES OF THE OCTOBER 13 1999 COUNCIL MEETING"APPROVED AS
DISTRIBUTED
Councilwoman Yearman made a motion, seconded by Councilman
Figueroa., to approve the October 13, 1999, Council Meeting
Minutes as distributed. Yea.s: Counci.lmembers Gilliam, Munson,
Walters, Wasilowski, Yearman and Mayor Schock. Nays.: None.
COMMUNICATIONS
Y2KPreparedness Report by COMED
Mr. Mario Fontana., ComEd Public Affairs. Manager, provided an
p�date on..;C-0rnmarwealth; Edison,�,s Y2K.:prsp.ax.ednes.s,-.r.. ._.He:..mentioned
that there is a web site, UCM.COM, that consumers can access for
information.
RECOGNIZE PERSONS PRESENT
Sue Izzo, 214 South State Street and George Doscher, 220 South
State Street, addressed the Council regarding the expansion work
being done by The Oak Crest Residence at 204 South State Street
and the negative effect it is having on homes in the
neighborhood.
Charles Mann, representing the National, Little League, announced
the l.eague's 50th anniversary celebration and the Hamm's
Tournament and requested assistance in funding the celebration.
Daren Edmondson, Reverend Cynthia Hiel, and Ina Dews addressed
the Council regarding the presentation at tonight's meeting by
the STOP group.
�'r::
573
OCTOBER 27, 1999
VOLUME LXIV
BID 99-105 AWARDED FOR OFFSITE FUELING
Councilwoman Yearman made a motion, seconded by Councilman
Figueroa, to approve a two-year contract with Boncosky Oil
Company in an amount not to exceed $300,000 per year. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
BID 99-.107 AWARDED FOR POLE BUILDINGS
Councilman Wasilowski made a motion, seconded by Councilman
Gilliam, to award a contract to Wick Building Systens. in the
amount of $39,850 for pole buildings for the Crystal Street
Garage and the Sports Complex. Yeas: Councilmembers Figueroa,
Gilliam, Munson, Walters, Wasilowski, Yearman: and Mayor Schock..
Nays: None.
RFP 99-114 AWARDED FOR VOICE MAIL UPGRADE
Councilman Walters made a motion, seconded by Councilman
Figueroa, to award a contract to Nortech Telecommunications,
Inc., in the amount of $21,882. Yeas: Councilmembers Figueroa,
Gilliam; Munson, Walters, Wasilowski, Yearman and Mayor Schack.
Nays: None.
FROM RCI RESIDENCE
STRICT AND
PROPERTY LOCATED AT 80
AL BOULEVARD BY THE WI
R LIFECARE, LLC, AS AP
RP.ORATION: AND w J.OHN RRI
BY
Councilwoman Yearman made a motion, seconded by Councilman
Wasilowski, to remove consideration of Ordinance 510-99 from the
table. Yeas: Councilmembers. Figueroa, Gilliam, Munson,
Walters, Wasilowski, Yearman and Mayor Schack. Nays: None.
Councilman Wasilowski made a motion, seconded by Councilman
Figueroa, to pass the following ordinance.. Yeas:
Councilmembers Figueroa, Gilliam., Munson., Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
VOLUME LXIV OCTOBER 27, 1999 574
Ordinance No. S10-99
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(1455 East Chicago 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 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 COUNCI'L"'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:
PARCEL NO. 1. TITTAT PART OF THE NORTHWEST
QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID
,-NORTHWEST QUARTER. OF«:,_ SE-CT-1ON::.,.THENCE:: NfJRTH.: 88
DEGREES 17 MINUTES 55 SECONDS EAST (AN ASSUMED
BEARIN.G), ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 17695.93 FEET (RECORD BEING
1803.07 FEET) TO THE EASTERLY LINE OF PUBLIC. SERVICE
COMPANY RIGHT OF WAY CONVEYED BY DOCUMENT NO.
9373888, AS MONUMENTED; THENCE SOUTH 04 DEGREES 10
MINUTES 02 SECONDS WEST, A DISTANCE OF 142.69 FEET
(RECORD BEING SOUTH 04 DEGREES 19 MINUTES WEST,
139.40 FEET) TO THE SOUTHERLY RIGHT OF WAY LINE OF
STATE ROUTE NO. 19 AS DEDICATED BY DOCUMENT NO.
11200329 FOR THE POINT OF BEGINNING; THENCE NORTH 83
DEGREES 07 MINUTES 47 SECONDS EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 215..95
FEET (RECORD BEING NORTH 83 DEGREES 10 MINUTES EAST,
216.20 FEET); THENCE EASTERLY, ALONG THE SAID
SOUTHERLY RIGHT OF` WAY LINE BEING ALONG A CURVE TO
THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE,
HAVING A RADIUS OF 2814.93 FEET, AN ARC DISTANCE OF
253.18 FEET; THENCE SOUTH 06 DEGREES 55 MINUTES 05
575
OCTOBER 27, 1999
VOLUME LXIV
SECONDS WEST (RECORD BEING SOUTH 06 DEGREES 59
MINUTES WEST), ALONG A A LINE THAT IS 346.60 FEET,
MEASURED ALONG THE SOUTH LINE OF LOT C AS SHOWN ON
THE PLAT FILED WITH THE COMMISSIONERS REPORT IN
PARTITION CASE NO. 19700 OF THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS, EASTERLY OF THE SAID EASTERLY
LINE OF PUBLIC SERVICE COMPANY RIGHT OF WAY PER
DOCUMENT N.O. 9373888, THIS LINE THEREAFTER REFERRED
TO AS LINE B, A DISTANCE OF 1032.68 FEET TO A. POINT
ON SAID LINE THAT IS 670.00 FEET, MEASURED ALONG
SAID LINE, NORTHERLY OF THE NORTHEAST CORNER OF LAND
CONVEYED TO ELGIN MIDLAND. CORPORATION BY DOCUMENT
NO. 19807724; THENCE NORTH 82 DEGREES 53 MINUTES 42
SECONDS WEST PARALLEL WITH THE NORTHERLY LINE OF
SAID DOCUMENT NO. 19.807724, A DISTANCE- OF 324.68
FEET TO A LINE THAT 1S 50.00 FEET EASTERLY OF,
MEASURED PERPENDICULAR, AND PARALLEL WITH THE LAND
CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT
NO. 18682755; THENCE SOUTH 04 DEGREES 15 MINUTES 36
SECONDS WEST; 180.08 FEET TO A LINE THAT IS PARALLEL
WITH THE SAID NORTHERLY LINE OF SAID DOCUMENT NO.
19807724 AND PASSES THROUGH A POINT ON AFORESAID
LINE B THAT IS 490.14 FEET, MEASURED ALONG SAID LINE
B, NORTHERLY OF THE SAID NORTHEAST CORNER OF LAND
CONVEYED TO ELGIN MIDLAND CORPORATION, THENCE NORTH
82 DEGREES 53 MINUTES 42 SECONDS WEST, ALONG SAID
PARALLEL LINE-, A DISTANCE 0- 90.11 FEET TO THE. SAID
EASTERLY LINE OF LAND CONVEYED TO C01"MONWEALTH
EDISON COMPANY BY DOCUMENT NO. 937388.8.; THENCE NORTH
04 DEGREES 15 MINUTES 36 SECONDS EAST; ALONG SAID
EASTERLY LINE, A DISTANCE OF 1111.73 FEET TO THE
POINT OF BEGINNING; EXCEPTING THEREFROM, THAT PART
CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY
DOCUMENT NO. 18682755, THAT PART CONVEYED TO
LAKEHEAD... PIPELINE ,...,..COMPANY,
20684453. BEING SITUATED IN HANOVER. TOWNSHIP, COOK
COUNTY, ILLINOIS AND CONTAINING 8.89 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, Cook County, Illinois.
Section 3. That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXIV OCTOBER 27, 1999 576
Presented: October 27, 1999
Passed: October 27, 1999
Vote: Yeas 7 Nays 0
Recorded: October 28, 1999
Published:
Attest:
s%,Dolonna Mecum
Dolonna Mecum, City Clerk
ORDINANCE G59-99 PASSED CLASSIFYING CERTAIN NEWLY ANNEXED
TERRITORY; PROPERTY LOCATED AT 1445 EAST CHICAGO STREET
(PETITION_07-98)
Councilman Gilliam made a motion, seconded by Councilwoman
Yearman, to remove consideration of Ordinance G59-99 from the
table.- Yeas: C'ouncilmembers Figueroa, Gilliam, Munson,
Walters, Wasilowski, Yearman and Mayor Schock. Nays: None.
Councilman Figueroa made a motion, seconded by Councilman
Wasilowski, to pass the following ordinance. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Ordinance No. G59-99
AN ORDINANCE
CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY
(1455 East Chicago Street)
WHEREAS, the territory herein described has been annexed to
the Gi:ty ..:o:f,.Elg%n;.,.:and K
WHEREAS, written application has been made to classify said
territory in the CT. Commercial Industrial 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
577 OCT'Oi t 27, 1999 VOLUME LXIV
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 CI Commercial Industrial
District, the following described property:
PARCEL NO. 1. THAT PART OF THE NORTHWEST
QUARTER OF SECTION 20,.TOWNSHIP 41 NORTH, RANGE 9
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE. NORTHWEST CORNER OF SAID
NORTHWEST QUARTER OF SECTION 20; THENCE NORTH 88
DEGREES 17 MINUTES 55 SECONDS EAST (AN ASSUMED
BEARING), ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 176.95.93 FEET (RECORD BEING
1803.07 FEET) TO THE EASTERLY LINE OF PUBLIC SERVICE
COMPANY RIGHT OF WAY CONVEYED BY DOCUMENT NO.
9373888, AS MONUMENTED; THENCE SOUTH 0.4 DEGREES 10
MINUTES 0.2 SECONDS WEST, A DISTANCE OF 142.69 FEET
(RECORD BEING SOUTH 04 DEGREES 19 MINUTES WEST,
139.40 FEET) TO THE SOUTHERLY RIGHT OF WAY LINE OF
STATE ROUTE NO. 19 AS DEDICATED BY DOCUMENT NO.
11200329 FOR THE POINT OF BEGINNING.; THENCE NORTH 83
DEGREES 07 MINUTES 47 SECONDS EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, A DISTANCE: OF 21.5.95
FEET (RECORD BEING NORTH 83 DEGREES 10 MINUTES EAST,
216,20 FEET); THENCE EASTERLY, ALONG THE SAID
SOUTHERLY RIGHT OF WAY LINE BEING ALONG A CURVE TO
THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE,
HAVING A RADIUS OF 2814.93 FEET, AN ARC DISTANCE OF
253.18 FEET; THENCE SOUTH. 06 DEGREES 55 MINUTES 05
SECONDS WEST (RECORD BEING SOUTH 06 DEGREES 59
MINUTES WEST), ALONG A A LINE THAT IS 346.60 FEET,
MEASURED :::,ALONG..:.-THE,-S:OUTH:::LINE.-..-OF _-LOT C AS. ..SHOWN. _ON
THE PLAT FILED WITH THE COMMISSIONERS REPORT IN
PARTITION CASE NO. 1970.0. OF THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS., :EASTERLY OF THE SAID EASTERLY
LINE OF PUBLIC SERVICE COMPANY RIGHT OF WAY PER
DOCUMENT NO. 9373888, THIS LINE THEREAFTER REFERRED
TO AS LINE B, A DISTANCE OF 1032.68 FEET TO A POINT
ON SAID LINE THAT IS 670.00 FEET, MEASURED ALONG
SAID LINE,, NORTHERLY OF THE NORTHEAST CORNER OF LAND
CONVEYED TO ELGIN MIDLAND CORPORATION BY DOCUMENT
NO. 19807724; THENCE NORTH 82 DEGREES 53 MINUTES 42
SECONDS WEST PARALLEL WITH THE NORTHERLY LINE OF
SAID DOCUMENT NO. 19807724, A DISTANCE OF 324.68
FEET TO A LINE THAT IS 50.00 FEET EASTERLY OF,
MEASURED PERPENDICULAR, AND PARALLEL WITH THE LAND
CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT
NO. 18682755; THENCE SOUTH 04 DEGREES 15 MINUTES 36
SECONDS WEST, .180.08 FEET TO A LINE THAT IS PARALLEL
WITH THE SAID NORTHERLY LINE OF SAID DOCUMENT NO.
19807724 AND PASSES THROUGH A POINT ON AFORESAID
VOLUME LXIV OCTOBER 27, 1999
578
LINE B THAT IS 490.14 FEET, MEASURED ALONG SAID LINE
B, NORTHERLY OF THE SAID NORTHEAST CORNER OF LAND
CONVEYED TO ELGIN MIDLAND CORPORATION, THENCE NORTH
82 DEGREES 53 MINUTES 42 SECONDS WEST, ALONG SAID
PARALLEL LINE, A DISTANCE OF 90.1.1 PEET TO THE SAID
EASTERLY LINE OF LAND CONVEYED TO COMMONWEALTH
EDISON COMPANY BY DOCUMENT NO. 9373888; THENCE NORTH
04 DEGREES 15 MINUTES 36 SECONDS EAST, ALONG SAID
EASTERLY LINE, A DISTANCE OF 1111.73 FEET TO THE
POINT OF BEGINNING; EXCEPTING THEREFROM, THAT PART
CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY
DOCUMENT NO. 18682755, THAT PART CONVEYED TO
LAKEHEAD PIPELINE COMPANY, INC., BY DOCUMENT NO.
20684453. BEING SITUATED IN HANOVER TOWNSHIP, COOK
COUNTY, ILLINOIS AND CONTAINING 8.89 ACRES MORE OR
LESS."
Section 2. That the classification of the above described
property be and is hereby subject to the following conditions:
1. Access shall: be limited to one. point of
access ontd State Route 19 (Chicago Street),
approved by the Illinois Department of
Transportation and the City of Elgin. Access shall
align as close as practicable with Glen Echo Street
to the north, unless such alignment conflicts with
left turning movements onto Shales Parkway. An
emergency only point of access shall be onto Shales
parkway from an existing right of way located to the
south of, and adjacent to, the subject property.
2. Compliance with all other applicable codes
and ordinances.
;S:ect .on 3.... That...this.,:-.orcl :raance_.::shal,l be in full_ force and
effect immediately after its passage in the manner provided by
law.
sl Ed Schock
Ed Schock, Mayor
Presented: October 27, 1999
Passed:. October 27, 1999
Vote: Yeas 7 Nays 0
Recorded: October 28, 1999
Published:
Attest:
sl_Dolonna Mecum
Dolonna Mecum, City Clerk
579 OCTOBER 27, 1999 VOLUME LXIV
ORDINANCE Sll-99 PASSED ANNEXING CERTAIN TERRITORY TO THE
CITY OF ELGIN; PROPERTY LOCATED AT 1550 BODE ROAD (PETITION
53-99
Councilwoman Yearman made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa, Walters, Yearman and. Mayor Schock.
Nays: Councilmember:s Gilliam, Munson and Wasilowski.
Ordinance No. Sll-99
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(Woodland Meadows II) .
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..o-f.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
foliows -b:e and:; are :annexed...t.o..-and..made 4:'.mp xt.-o,f...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 NORTHEAST 1/4 OF SECTION 17,
TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF LOT 3 OF THE COUNTY
CLERKS SUBDIVISION OF LANDS, DOCUMENT 2227308,
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION
17, 66.1. FEET; THENCE WESTERLY ALONG A LINE PARALLEL
TO AND 66.0 FEET (MEASURED AT RIGHT ANGLES) SOUTH OF
THE SOUTH LINE OF SAID LOT 3, 915.1 FEET; THENCE
SOUTHERLY AT AN ANGLE OF 93 DEGREES. 16 MINUTES
MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE,.
705..0 FEET; THENCE WESTERLY AT AN ANGLE OF 93
DEGREES 16 MINUTES MEASURED COUNTER CLOCKWISE FROM
THE LAST DESCRIBED COURSE., AND PARALLEL WITH THE
WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 3,
VOLUME LXIV OCT08ER 27 1999 580
1149.6 FEET FOR A PLACE OF BEGINNING; THENCE
'rry CONTINUING WESTERLY ALONG THE LAST DESCRIBED COURSE
310.25 FEET; THENCE SOUTHERLY AT AN ANGLE OF 93
DEGREES 00 MINUTES MEASURED CLOCKWISE FROM THE LAST
DESCRIBED COURSE, PARALLEL WITH THE WEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 17, 701.9 FEET TO THE
SOUTH LINE OF SAID NORTHEAST 1/4 SECTION, SAID POINT
BEING 312.0 FEET EAST OF THE CENTER OF SAID SECTION
17, THENCE EASTERLY AT AN ANGLE OF 88 DEGREES 02
MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED
COURSE, ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4
OF SECTION 310.0 FEET; THENCE NORTHERLY PARALLEL
WITH THE WEST LINE OF SAID NORTHEAST 1/4 'SECTION
707.6 FEET TO PLACE OF BEGINNING IN COOK COUNTY,
ILLINOIS (COMMONLY KNOWN AS 1550 BODE ROAD).
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, Cook County,Illinois.
Section.3....,Miat this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 27, 1999
Passed: October 27, 1999
Vote Yeas 4 Nays 3
Recorded: October 28, 1999
Published:
Attest:
.s Dolonna Mecum
Dolonna Mecum, City Clerk
ORDINANCE G62-99 PASSED CLASSIFYING CERTAIN NEWLY ANNEXED
TERRITORY; PROPERTY LOCATED AT 1550 BODE ROAD (PETITION 53-99)
Councilwoman Yearman made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa, Walters, Yearman and Mayor Schock.
Nays: C:ouncilmembers Gilliam, Munson and Wasilowski.
581 OCTOBER 27, 1999 VOLUME LXIV
Ordinance No. G62-99
AN ORDINANCE
CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY
(Woodland Meadows II)
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 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
. WHEREAS, the City, Council of the City of Elgin., Illinois,
has reviewed the .findings and recommendations of the Planning
and Development Commission.
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 PMFR Planned Multiple
Family Residence District, the following described
property:
THAT PART OF THE NORTHEAST_ 1/4 OF SECTION 17,
TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF LOT 3 OF THE COUNTY
CLERKS SUBDIVISION OF LANDS, DOCUMENT 2227308,
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION
17, 66.1 FEET; THENCE WESTERLY ALONG A LINE PARALLEL
TO AND 66:-0 FEET (MEASURED AT RIGHT ANGLES) SOUTH OF
THE SOUTH LINE OF SAID LOT 3, 915.1 FEET; THENCE
SOUTHERLY AT AN ANGLE OF 93 DEGREES 16 MINUTES
MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE,
705.0 FEET; THENCE WESTERLY AT AN ANGLE OF 93
DEGREES 16 MINUTES MEASURED COUNTER CLOCKWISE FROM
THE LAST DESCRIBED COURSE, AND. PARALLEL WITH THE
WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 3,
1149.6 FEET FOR A PLACE OF BEGINNING; THENCE
CONTINUING WESTERLY ALONG THE LAST DESCRIBED COURSE
310.25 FEET; THENCE SOUTHERLY AT AN ANGLE OF 93
DEGREES 00 MINUTES MEASURED CLOCKWISE FROM THE LAST
VOLUME LXIV OCTOBER 27, 1999 582
l DESCRIBED COURSE, PARALLEL WITH THE WEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 17, 701..9 FEET TO THE
SOUTH LINE OF SAID NORTHEAST 1/4 SECTION, SAID POINT
BEING 312.0 FEET EAST OF THE CENTER OF SAID SECTION
17, THENCE EASTERLY AT AN ANGLE OF 88 DEGREES 02
MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED
COURSE, ALONG THE SOUTH LINE OF SAID NORTHEAST 1./4
OF SECTION 310.0 FEET; THENCE NORTHERLY PARALLEL
WITH THE WEST LINE OF SAID NORTHEAST 1/4 SECTION
707.6 FEET TO PLACE OF BEGINNING IN COOK COUNTY,
ILLINOIS (COMMONLY KNOWN AS 1550 BODE ROAD)."
Section 2. That the City Council of the City of Elgin
hereby classifies the subject property in the PMFR Planned
Multiple Family Residence District in accordance with the
following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR
zoning district is to provide a planned environment for a
townhome community, subject to the provisions. of Chapter
19.60 Planned.. Developments of the Elgin Municipal Code,
1976, as amended.
B. Supplementary Regulations. Any word or phrase contained
herein, followed by the symbol (SR), shall be subject to
the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary
Regulations of the Elgin Municipal Code, 1976, as
amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PMFR .zoning district, the
use and development of land and structures shall be
subject :.to.,: . the.,::_ prQ�ri.si.oAs _--of.,,,..,. Chapter. _ 19 , 05 , General
Provisions of the Elgin Municipal Code, 1976, as amended.
D. Zoning 'Districts - Generally. In this PMFR zoning
district, the use and development of land and structures
shall be subject to the provisions of Chapter 19.07,
Zoning Districts of the Elgin Municipal Code, 1976, as
amended.
E. Land Use. In this PMFR zoning district, the .use and
development of land and structures shall be subject to
the provisions of Chapter 19.10, Land Use of the Elgin
Municipal Code, 1976, as amended. The following
enumerated land uses (.SR) shall be the only land uses
allowed as a permitted use (SR) or as a conditional use
(SR) in this PMFR zoning district:
Permitted.uses. The. following enumerated land uses
shall be the only land uses allowed as permitted
uses in this,PMFR zoning district:
583 OCTOBER 27, 1999 VOLUME LXIV
Residence Division.
1. Multiple family dwellings (SR) (UNCL). >F_
2. Residential garage sales (SR) (UNCL).
.3. Residential occupations (SR) (UNCL).
4. Residential outdoor storage of firewood (SR)
(UNCL) .
5. Residential parking areas (SR) (UNCL).
6. Residential storage (S.R) (UNCL).
7. Residential storage of trucks or buses (SR)
(UNCL) .
Finance, Insurance, and Real Estate Division.
8. Development sales office (SR) (UNCL).
Services Division.
9. Family residential care facility (SR) (8361).
10. Home child day care services (SR) (8351).
Construction Division.
11. Contractors office and equipment areas (SR)
(UNCL) .
Transportation, Communication, and Utilities
Division.
12.. Amateur radio antennas (SR) (UNCL).
13. Radio and television antennas (SR) (UNCL).
14. Satellite dish antennas (SR) (UNCL).
15. Treatment, transmission, and distribution_.
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves (SR)
(TJNCL) .
Miscellaneous Uses Division..
18 Fences and walls (SR) (UNCL) .
(,UNCL)..:,....subject.,_t.o :,the ..provisions of
Chapter 19.50, Signs.
18. Temporary uses. (SR) (UNCL).
19. Accessory uses (SR) (UNCL.), to the permitted
uses allowed in. this PMFR zoning district,
subject to the provisions of Section 19..10.100,
Component Land Uses.
Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as conditional uses
in this PMFR zoning district.
Services Division.
1. Residential care facility (SR) (8361) .
Miscellaneous Uses Division.
2. Accessory uses (SR) (UNCL), to the conditional
uses. allowed in this PMFR zoning district,
subject to the provisions of Section 19.10.100,
Component Land Uses.
VOLUME LXIV OCTOBER 27, 1999 584
F. Site Design. In this PMFR zoning district, except as
otherwise provided for herein, the use and development of
land and structures shall be in substantial conformance
with the preliminary site plan for Woodland Meadows II,
prepared by JAS Assoc. Inc., dated 8/30/99, landscape
plan for Woodland Meadows II, by Tandem Landscape Co.,
dated 9/15/99; and building elevations and floor plans
submitted by Woodland Meadows Partnership. Construction
permits are subject to the review and approval of final
engineering plans and specifications, and other
construction related drawing required pursuant to
applicable codes and ordinances.
G. Off-street Parking. In this PMFR zoning district, the
location and design of driveways shall be in substantial
conformance with preliminary site plan for Woodland
Meadows II, prepared by JAS Assoc. Inc., dated 8/30/99.
H. Off-street Loading. In this PMFR zoning district,
off-street loading shall. be subject to the provisions of
Chapter 19.47, Off-street Loading of the Elgin Municipal
Code, 1976, as amended.
I. Signs. In this PMFR zoning district, signs shall be
subject to the provisions of Chapter 19.50, Signs of the
Elgin -Municipal Code, 1976, as amended.
J. Planned Developments. In this PMFR zoning district, the
use and development of the land and structures shall be
subject to the provisions of Chapter 19.60, Planned
Developments of the Elgin Municipal Code, 1976, as
amended.
K,.. _-,Conditional... .Us.es ,..Ire_-- th ,s-._...PMFR zoning - ,district,
application for conditional uses shall be subject to the
provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. An application for
conditional use may be filed by an individual property
owner without necessitating that all other property
owners in the development authorize such application.
L. Variations. In this PMFR zoning district, application
for variation shall be subject to the provisions of
Chapter 19.70, Variations of the Elgin Municipal Code,
1976, as amended. An application for variation may be
filed by• an individual property owner without
necessitating that all other property owners in the
development authorize such application.
M. Appeals. Any
requirement,
determination,
or
interpretation.
associated with
the administration
and
enforcement of
the provisions of
this ordinance may
be
585 OCTOBER 27, 1999 VOLUME LXIV
appealed subject to the provisions of Chapter 19.75,
Appeals of the Elgin Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
Presented: October 27, 1999
Passed: October 27, 1999
Vote: Yeas 4 Nays 3
Recorded: October 2.8, 1999
Published:
Attest:
s Dolonna Mecum
Dolonna Mecum, City Clerk
s/ Ed Schock
Ed Schock, Mayor
I
WOODLAND MEADOWS EAST: PROPERTY LOCATED .AT IbbU BODE ROAD
(PETITION 53-99)
Councilwoman Yearman made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Walters, Yearman and Mayor Schock.
Nays: Councilmembers Gilliam, Munson and Wasilowski.
.;.Res.olution. No. 9972.69
RESOLUTION
APPROVING PRELIMINARY PLAT FOR WOODLAND MEADOWS II
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby approves the preliminary plat
prepared by JAS Associates, Inc. dated August 30, 1999 for
Woodland Meadows 11. 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.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXIV OCTOBER 27, 1999
Presented: October 27, 1999
Adopted: October 27, 1999
Vote: Yeas 4 Nays 3
Attest:
s/ Dolonna Mecum _
Dolonna Mecum, City Clerk
APPLICATION WITH THE ILLINOI:
HISTORIC STREET LIGHTING
kRTMENT OF TRANSPORTATION FOR
Councilman Gilliam made a motion, seconded by Councilman
Walters, to adopt the following resolution. Yeas:
Counci.l.members Figueroa., Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99-270
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT APPLICATION WITH THE
ILLINOIS DEPARTMENT OF TRANSPORTATION FOR
HISTORIC STREET LIGHTING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLIN.OIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
a grant application with the Illinois Department of
Transportation for street lighting in the Spring/Douglas
Historic District. The installation of historic lighting will
both improve pedestrian and traffic safety and will improve the
quality .o:f...l i fe .and. -sense: of:,.hexi,tage...in F�he.-Spring ,.Doug.las
Historic District.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 27, 1999
Adopted: October 27, 1999
Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
587
OCTOBER 27, 1999
VOLUME LXIV
AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS
Councilman Figueroa made a motion, seconded by Councilman
Gilliam, to authorize the following payments. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Badger Meter Mfg.
$45,575.22
Purchase of commercial
Milwaukee, WI
and residential meters,
assemblies and related
materials for
installation throughout
the city.
Altheimer & Gray
$11,886.69
Legal services for Gang
Chicago, IL
Prevention Inc. v. City
of Elgin.
Proficiency
$ 8,281.00
Mowing and.weed cutting
Landscaping
for Code Department.
Hampshire.,_: IL
Curbside
$ 5,440.00
Pickup of recyclables
Orange, CA
and nonrecyclables.
CONSENT AGENDA
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass Ordinance Nos. 512-99, G63-99 thru G65-99 and
adopt Resolution Nos. 99--271 through 99-280 by omnibus vote.
Yeas: Councilmembers Figueroa, Gilliam, Munson, Walters,
Wasilowski, Yearman and Mayor Schock.. Nays: None.
DINANCE 512--99 PASSED PR
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski.,
Yearman and Mayor Schock. Nays: None.
VOLUME LXIV OCTOBER 27, 1999 588
Ordinance No. S12-99
AN ORDINANCE
PROVIDING FOR THE INVESTMENT POLICY OF MUNICIPAL FUNDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. SCOPE OF INVESTMENT POLICY
The provisions of this ordinance shall not apply to the
investment of such funds which by law are in the control of an
officer other than the City Treasurer. All financial assets
of funds, including: the General Fund, Special Revenue Funds,
Capital Project Funds, Debt Service Funds, Enterprise Funds,
Internal. Service Funds, Nonexpendable Trust Funds, and such
other Rinds that may be created from time to time shall be
administered in accordance with the provisions. of this
ordinance.
Any monies received for independent funds including but not
limited to the Police Pension Fund and the Fire Pension "Fund
shall be administered by the written order of the respective
Board of Trustees of each fund. In the absence of such
orders, money received and securities held by the City of
Elgin on behalf of such funds shall be administered in
accordance with the provisions of this ordinance.
Section 2. OBJECTIVES
Funds of the City shall be invested in accordance with the
Public Funds Investment Act, 30 ILCS 235/01, et seq., as
amended from time to time, this ordinance, and policies and
written administrative procedures consistent with the Act and
this. o.rd ,n.an .:e .....:The .,purpos.e..-.o.f thi.s: ,.ordinance .is t-.o..es_t.abldsh
cash management and investment guidelines for City officials
responsible for the stewardship of public funds. Primary
objectives include:
a. Legality. All investments shall be made in
conformance with Federal, State, and other legal
requirements.
b. Safety. All investment transactions shall seek to
first ensure the preservation of Capital and
protection of investment Capital.
c. Liquidity. The investment portfolio shall be
structured to anticipate the maintenance of sufficient
liquidity to meet operating requirements.
d. Diversification. To avoid incurring unreasonable
risks regarding specific security types and individual
financial institutions, investments shall be
589 OCTOBER 27, 1999 VOLUME LXIV
diversified based upon type of funds invested and cash
flow needs of the fund. l`
e. Yield. The investment portfolio, with the exception
of the pension funds, shall be designed with the
objective of regularly exceeding the average return of
the three month U.S. Treasury Bill. The investment
program shall seek to augment returns above this
threshold, consistent with risk limitations, statutory
constraints, available designated staffing
capabilities, and prudent investment principles.
f. Public Confidence. In managing its investment
portfolio City officials shall avoid any transactions
that might impair public confidence of the government
of the. City. Investments shall be made with judgment
and care under circumstances then prevailing, which
persons of prudence., discretion and intelligence
exercise in the management of their own affairs, not
for speculation, but for investment, considering the
probable. safety of their capital as well as their
probable income to be derived.
The portfolio should be reviewed periodically as to its
effectiveness in meeting the City's needs for safety,
liquidity, rate of return, diversification, and its general
performance.
Section 3. DELEGATION OF AUTHORITY
Management administrative responsibility for the investment
program is vested in the Treasurer who shall establish written
procedures for the operation of the Investment Program
consistent with these policies. Such procedures shall include
exp-licit:.:del.e.gation off. -...authority ,.,.to persons ;responsible for
investment transactions. No person may engage in. an
investment transaction except as provided under the germs of
this policy and procedures established by the Treasurer. The
Treasurer shall be responsible for all transactions undertaken
and shall establish a system of controls to regulate the
activities of subordinate officials.
Section 4.,PRUDENCE
The standard of prudence to be applied by the Treasurer shall
be the "Prudent investor rule which states: "Investments
shall be made with judgment and care under circumstances then
prevailing, which persons of prudence, discretion and
intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the
probable safety of their capital .as well as the probable
income-t-o be derived."
Section 5. CASH MANAGEMENT
VOLUME LXIV OCTOBER 27, 1999
590
The City'.s policy regarding cash management shall be based
upon the fact that there is a time value to money.
Temporarily idle cash may be invested for a period of one day
to an excess of one year depending upon when the money is
authorized to be needed. Accordingly, the Treasurer shall
cause to be prepared written cash management procedures which
shall include, but not be limited to, the following:,
A. Receipts
All monies due the City shall be collected as promptly as
possible. Monies that are received shall be deposited in
an approved financial institution no later than the next
business day after receipt by the City. Amounts that
remain uncollected aftera reasonable length of time
shall be subject to any available legal means of
collection.
B. Disbursements
Any disbursements to suppliers for goods or services or
to employees for salaries and wages shall be contingent
upon an available budget appropriation. All
disbursements shall be supported by proper documentation
and approved by the City Council.
C. Cash Forecast
At least monthly, a cash forecast shall be prepared using
the expected revenue sources and items of expenditure to
project cash requirements over the fiscal year. The
forecast shall be updated from time to time to identify
the probable investable balances that will be available.
Except for cash in certain restricted and special
accounts, pool the cash of various funds to maximize
investment earnings. . Interest income earned from
investments will be allocated to the various funds based
on their respective participation.
Section 6.•ACCOUNTING
The City shall maintain its accounting records based on the
basis of Fund and Account Groups, each of which is considered
a separate accounting entity. All investment transactions
shall be recorded in the various funds of the City in
accordance with Generally Accepted Accounting Principles as
promulgated by the Government Accounting Standards Board.
Accounting treatment shall include:
Investments shall be carried at cost or amortized cost
which approximates market.
591 OCTOBER 27, 1999 VOLUME LXIV
- Premium or discount shall be amortized over the life
of the investment.
F
Gains or losses of investments in all funds except the
pension funds shall be recognized at the time of
disposition of the security.
Gains or losses on the exchange of fixed income
securities in the pension funds shall use the deferral
of amortization method of accounting.
Section 7. INTERNAL CONTROLS
The Treasurer shall establish a written procedure of internal
controls. The internal controls shall be reviewed by an
independent certified public accountant in conjunction with
the annual examination of the financial statements. of the
City. The controls shall be designed to prevent losses of
public funds arising from fraud, employee error,
misrepresentation by third parties, unanticipated changes in
financial markets, or imprudent actions by employees and
officers of the City of Elgin.
Section 8. INVESTMENT SELECTION
The City of Elgin may invest in any type of security allowed
by law as set out in the Illinois Compiled Statues, Chapter 30
ILLS 23.5/2.
All investments, except for the Illinois Public Funds or
similar type of investments/money market pools, shall be
selectedon the basis of competitive bids. Financial
Institutions located within the City of Elgin will be awarded
a bid if the local bid is not less than the prevailing rate.
Section 9. DIVERSIFICATION OF MATURITIES
The City shall diversify its use of investment instruments to
avoid incurring unreasonable risks inherent in over investing
in specific instruments, individual financial institutions or
maturities.
A. Diversification by Instrument Percent of Portfolio
U.S. Treasury Obligations 100%
(Bills, Notes, & Bonds)
U.S. Government Agency Securities and 50%
Instrumentalities of Government
Sponsored Corporations
Bankers Acceptances (BAs) 25%
Repurchase Agreements (REPOs) 35%
(monies in the Public Funds
or other .Money Market funds
are not to be included in this
VOLUME LXIV OCTOBER 27, 1999 592
limitation)
Certificates of Deposit (CDs)
100%
Commercial Banks/Savings & Loans
Certificates of Deposit (CDs)
25%
Credit Unions
Illinois Public Funds
75%
(or similar types of investment/
Money Market pools)
Commercial Paper (CP)
33%
B. Diversification by Financial Institution
Bankers Acceptances (BAs)
No more than 25% of the total portfolio with any one
institution.
.Repurchase Agreements (REPOs)
No more than 250 of the total portfolio with any one
institution.
Certificates of Deposit (CDs.) - Commercial Banks,
Savings & Loan Associations, Credit Unions
No more than 25% of the total portfolio with any one
institution.
Local Government Investment Pool - The Illinois Public
Funds. or similar type. investment/money market pools.
No more than $30,000,000.
C. Maturity Scheduling
Investment maturities for operating funds shall be
scheduled to coincide with projected cash flow needs,
taking into account large routine expenditures (payroll,
accounts .-_:,-p.ayab.le, .,.. bond ..payments). . as well as _conside-ring
sizable blocks of anticipated revenue (sales tax,
property tax). Investment maturities in the General Fund
and Special Revenue Funds shall be limited to a maximum
maturity of 36 months from the date of purchase..
Investments in other funds may be purchased with
maturities to match future projects or liability
requirements. For example, investment of capital project
funds shall be timed to meet contractor payments usually
for a term not to exceed three years. Investment of
prepaid assessment funds shall be tied to bond payment
dates after cash flow projections are made using a
forecasting model which considers prepayment rate,
delinquency rate, interest on bonds and income on
investment.
Notwithstanding, the provisions of the above paragraph,
no investment .in any.. fund shall have a maturity date
greater than the period allowed by the Illinois Compiled
593 OCTOBER 27, 1999 VOLUME LXIV
Statutes, City ordinance, or by other standards of this
policy.
D. Delivery vs. Payment
All trades where applicable will be executed by delivery
vs. payment (DVP) to be sure that securities are
deposited in an eligible financial institution prior to
the release of funds. Securities will be held by a third
party custodian as evidenced safekeeping receipts
Section 10. ETHICS AND CONFLICT OF INTEREST
Employees involved in the investment process shall refrain
from personal business. activity that could conflict with the
proper execution and management of the investment policy; or
that could impair their ability to make important -decisions.
Employees should disclose any material. interest in financial
institutions with which they conduct business. Employees
should further refrain from undertaking personal investment
transactions with the same individual(s) with whom business is
conducted on behalf of the City.
Section 11. COMPETITIVE SELECTION OF INVESTMENT
INSTRUMENTS
Before the City invests its surplus funds, a competitive "bid"
process shall be conducted. If a specific. maturity date is
required, either for cash. flow purposes or for conformance to
maturity guidelines, bids will be requested for instruments
which meet the maturity requirement. If no specific maturity
is required, a market trend (yield curve) analysis will be
conducted to determine which maturities would be most
advantageous.
Section 12 4i7AL'IFIED,i.INSTITUTIONS
The City will maintain a listing of financial institutions
authorized to provide investment services. In addition, a
list also will be maintained of approved security
brokers/dealers selected by credit worthiness. All financial
institutions and brokers/dealers who desire to become
qualified for- investment transactions must supply the
following as appropriate:
A. Audited financial statements
B. Proof of National Association of Securities. Dealers
(NASD) Certification.
C. Proof of State Registration
D. Certification of having read & understood and agreeing to
comply with the City's investment policy
VOLUME LXIV OCTOBER 27, 1999 594
An annual review of the financial condition and registration
of qualified financial institutions and broker/dealers will be
conducted by the Treasurer.
Section 13. COLLATERAL
The City requires that funds on deposit in excess of FDIC
limits be secured by some form of collateral. Any of the
following assets would be acceptable as collateral:
--U.S. Government Securities
-Obligations of the Federal Agencies
-Obligations.of the Federal Instrumentalities
-Obligations of the State of Illinois
"Obligations of the. City of Elgin
--General Obligation Municipal Bonds rated "A" or better
-Any other collateral identified in Illinois Complied
Statutes as acceptable
-Any other Collateral identified by the Treasurer of the
State of Illinois
The amount of collateral provided shall not be less than 105%
of the fair market value of the net amount of. public funds
secured. The ratio of fair market value of collateral to the
amount of funds secured shall be reviewed weekly and
additional collateral will be requested when the ratio
declines below the level, required. Alleged collateral will be
:,",.... held by the City of Elgin or in safekeeping or evidenced by a
safekeeping agreement. The City desires to establish and
maintain joint custody accounts with depository institutions
and the Federal Reserve. The minimum amount in the joint
custody account shall be equal to 10.5.% of those investments
currently on deposit with each individual institution in
excess of $100,000. If collateral is held in safekeeping, it
may be held by a third party or by an escrow agent of the
pledging institution. Collateral agreements will preclude the
release of the pledged assets without an authorized signature
from the City of Elgin, but they will allow for an exchange of
collateral of like value.
Section 14. REPORTING REQUIREMENTS
The Treasurer shall generate monthly reports for management
purposes. In addition, the City Council will be provided
quarterly reports which will include data on investment
instruments being held, as well as any narrative necessary for
clarification.
The monthly report shall include, at a minimum:
1. Principal and type -of investment by fund
2. Earnings for the current month and year to date
595 OCTOBER 27, 1999 VOLUME LXIV
3. Annualized yield
4. Current market value of portfolio The annual financial
report of the City shall include all required information of
the Governmental Accounting Standards Board Statement #3 as
updated.
Section 15.
That this ordinance shall be in full force and effect upon its
passage.
sl Ed S.chock
Ed Schock, Mayor
Presented: October 27, 1999
Passed: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
--Recorded: October 28, 1999
Published:
Attest:
_s1. Do,lonna Mecum.
Dolonna Mecum, City Clerk
ORDINANCE G6:3-99. PASSED AMEN -DING THE PAY PLAN FOR THE
CLERICAL/TECHNICAL EMPLOYEE GROUP OF THE CITY.OF ELGIN'
BILINGUAL CLERK TYPIST
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa; Gilliam, Munson, Walter's, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Ordinance No. C63-99
AN ORDINANCE
AMENDING THE PAY PLAN FOR THE CLERICAL/TECHNICAL
EMPLOYEE GROUP OF THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,.
ILLINOIS:
Section 1. That Ordinance No. S15-98 entitled "An
Ordinance Establishing a Pay Plan for the Clerical/Technical
Employee Group of the City of Elgin" be and is hereby further
amended by amending Section 1 thereof as follows:
VOLUME LXIV OCTOBER 27, 1999 596
The position of "Bilingual Clerk/Typist" at
Range 6S be and is hereby added.
Section 2. That all ordinances or part 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 immediately after passage and publication in the manner
provided by law.
sl Ed Schock
Ed Schock, Mayor
Presented: October 27, 1999
Passed: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Recorded: October 28, 1999
Published: October 29, 1999
Attest:
s/ Dolonna Mecum _
Dolonna Mecum., City Clerk
INANCE G64-99 PASSED AMENDING CHAPTER 2.52
(REORGANI,ZATION)
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa., Gilliam, Munson, Walters,"Wasilowski,
Yearman.and Mayor Schock. Nays: None.
Ordinance No. G64-99
AN ORDINANCE
AMENDING CHAPTER 2.52 ENTITLED "POLICE DEPARTMENT" OF THE
ELGIN MUNICIPAL, CODE, 1976, AS AMENDED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That Chapter 2.52 entitled "Police Department"
of the Elgin. Municipal Code, 1976, as amended, be and is further
amended by amending Subsection B of Section 2.52.010 to read as
follows:
B. The police department shall be divided into the
following sections:
597 OCTOBER 27, 1999 VOLUME LXIV
1. Administration. The responsibilities of
the administration section shall encompass
the functions of administrative sergeant,
records, training, budget and operational
support.
2. Operations. The responsibilities of the
operations section shall encompass the
functions of Watch 1, Watch 2, Watch 3,
Watch 4, ROPE and CR/CP.
3. Investigative Services. The responsibili-
ties of the investigative services -section
shall encompass the functions of victim
assistance, MID, drugs. and gangs,
community restitution, youth services and
traffic
Section 2. That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
Section 3. That this ordinance shall be in full force and
effect from and after its passage and publication in the manner
provided by law.
sl Ed Schcck
Ed Schock; Mayor
Presented: October 27, 1999
Passed.: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Recorded: October 28, 1999
Published: October 29, 1999
Attest:
sl Dolonn_a Mecum
Dolonna Mecum, City Clerk
ORDINANCE G55-99 PASSED AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN WASHBURN STREET AND DOUGLAS AVENUE
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to pass the following ordinance. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
VOLUME LXIV OCTOBER 27, 1999 598
Ordinance No. G65-99
AN ORDINANCE
AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE
CITY OF ELGIN
(Washburn Street and. Douglas Avenue)
BE IT ORDAINED BY THE CITY COUNCIL OF'THE CITY OF ELGIN,
ILLINOIS:
Section 1. That Title 11, Chapter 11.60 of the Elgin
Municipal Code, 1976, as amended, be and is hereby further
amended by adding to the list of streets where parking is
prohibited under Section 11.60.050P the following:
Washburn Street. Washburn Street, north side
thereof, from Ryerson Avenue to State Street.
Section 2. That Title 11, Chapter 11.60 of the Elgin
Municipal Code, 1976, as amended, be and is hereby further
amended by delet nq'.from the list of one -hour parking zones
under Section 11.60.083 the following:
Douglas Avenue, east side thereof, from a point
186 feet north of Division Street to a point 234
feet north of Division Street.
Section 3. That Title 1.1, Chapter 1.1.60 of the Elgin
Municipal Code, 1976, as amended, be and is hereby further
amended by adding to the list of one -hour parking zones under
Section 11.60.083 the following:
Douglas Avenue, east side thereof, from a point
34 _feet north of Division Street to a point 118 feet
north of Division Street and 'from a point- ° 161 `feet
north to a point 223 feet north of Division Street.
Section 4. That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 5. That this ordinance shall be. in full force and
effect ten days after its passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
599 OCTOBER 27, 1999 VOLUME LXIV
Presented: October 27, 1999
Passed: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Recorded: October 28,.1999
Published: October 29, 1999
Attest:
s Dolonna Mecum
Dolonna Mecum, City Clerk
RESOLUTION 99-271 ADOPTED ACCEPTING THE PROPOSAL OF MOTOROLA
FOR A"YEAR 2000 UPGRADE OF CITY RADIO SYSTEM
Counc lman.Gilliam.made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Counc.ilmembers Figueroa, Gilliam, Munson, Walters, Wa,silowski,.
Yearman and Mayor .Schock. Nays: None.
Resolution No. 99-271
RESOLUTION
ACCEPTING THE PROPOSAL OF MOTOROLA FOR A
YEAR 2000 UPGRADE OF CITY RADIO SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOI.S, that pursuant to Elgin Municipal Code Section
5.0.2.020B(6.) the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and
in the best interests of the city; and
BE IT FURTHER RESOLVED, that Joyce A. Parker, City Manager,
_be....,and.is hereby authorized and directed to accept the September
29, 1999, proposal on behalf of the City of Elgin. of Motorola
for a Year 2000 upgrade of the city radio system, a copy of
which is attached hereto and. made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 27, 1999
Adopted: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
VOLUME LXIV OCTOBER 27, 1999 600
RESOLUTION 99-272 ADOPTED AUTHORIZING EXECUTION OF AN
ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN,.INC. FOR
DUNDEE/SUMMIT AND SUMMIT/WAVERLY INTERSECTI.ON IMPROVEMENTS
Councilman Gilliam made a motion,
Figueroa, to adopt the following
Councilmembers Figueroa, Gilliam,
Yea.rman and Mayor Schock. Nays:
seconded by Councilman
resolution. Yeas:
Munson, Walters, Wasilowski,
None..
Resolution No. 99-272
RESOLUTION
AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH
BAXTER & WOODMAN, INC. FOR DUNDEE/SUMMIT AND SUMMIT/WAVERLY
INTERSECTION IMPROVEMENTS
BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Do.lonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
an Engineering Services Agreement on behalf of the City of Elgin
with Baxter & Woodman, Inc. for Dundee/Summit and Summit Waverly
intersection improvements, a copy of which is attached hereto
and made a part hereof by reference.
Presented: October 27, 1999
Adopted: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk.
p3:Y9)ALIN0ii0 iiJWAFA9 `11*3ta :4RW.1
'OFESSIONAL
S/ Ed Schock
Ed Schock, Mayor
ON OF A
PAYNE,_ INC. FOR A TAX INCREMENT FINANCING FEASIBILITY STUDY
Councilman Gilliam made a motion,
Figueroa, to adopt the following
Councilmembers Figueroa, Gilliam,
Yearman and Mayor Schock. Nays:
seconded by Councilman
resolution. Yeas:
Munson, Walters, W.asilowski,
None.
601 OCTOBER 27, 1999 VOLUME LXIV
Resolution No. 99-273
r
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
WITH TRKLA, PETTIGREW, ALLEN & PAYNE, INC. FOR A
TAX INCREMENT FINANCING FEASIBILITY STUDY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
a Professional Services Agreement on behalf of the City of Elgin
with Trkla, Pettigrew, Allen & Payne; Inc. for a central area
tax increment financing district feasibility study; a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed _Schock____
Ed Schock, Mayor
Presented: October 27, 1999
Adopted: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk.
RESOLUTION 99-214 ADOPTED AUTHORIZING.EXECUTION OF AMENDMENT
NO. 1 TO AN ENGINEERING SERVICES AGREEMENT WITH WALKER PARKI'.
CONSULTANTS FOR INSPECTION SERVICES FOR THE RIVERSIDE DECK
Councilman Gilliam made a motion, serconded by"'Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilo.wski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99.-274
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN
ENGINEERING SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS
FOR INSPECTION SERVICES FOR THE RIVERSIDE DECK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
VOLUME LXIV OCTOBER 27, 1999 6.02
Amendment Number 1 to an Engineering Services Agreement on
behalf of the City of Elgin with Walker Parking Consultants for
repairs to the Riverside Deck, a copy of which is.attached
hereto and made a part hereof by reference.
sl Ed Schock
Ed Schock, Mayor
Presented: October 27, 1999
Adopted: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dol.onna Mecum
Dolonna Mecum, City Clerk
RESOLUTION 9.9-275 ADOPTED. OF INTENT TO ISSUE INDUSTRIAL
UE "Bo,
SITION
OFTHECITY OF ELGIN, ILLINOLS, TO
HABILITATION AND EQUIPPING _ PING OF A
N.D. NELSON FABRICATORS, INC..A/K/A
RAPHIC.SCREENPRTNT, AN ILLINOIS CORPORATION_ AND
KI FAMILY PARTNERSHIP, AN ILLINOIS GENERAL PARTNERSHIP
OF
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
C.ouncilmembers Figueroa, Gilliam, Munson, Walters, Wasi.lowski,
Yearman and Mayor Schock.. Nays: None.
Resolution No. 99-275
RESOLUTION
OF INTENT TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS
OF THE CITY OF ELGIN, ILLINOIS, TO FINANCE THE ACQUISITION,
REHABILITATION AND EQUIPPING OF A MANUFACTURING FACILITY FOR
N. D. NELSON FABRICATORS, INC.., a/k/a
NELSON GRAPHIC SCREENPRINT, AN ILLINOIS CORPORATION AND
LANDROWSKI FAMILY PARTNERSHIP, AN ILLINOIS GENERAL PARTNERSHIP
AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT
WHEREAS, N. D. Nelson Fabricators, Inc., a/k/a Nelson
Graphic Screenprint, an Illinois corporation, and Landrowski
Family Partnership, an Illinois general partnership
(collectively the "Company"), has proposed to finance the
acquisition, rehabilitation and equipping of a manufacturing
facility and related improvements of the existing facility at
1400 Crispin Drive, Elgin, Illinois (the "Project"), and
proposes that the City of Elgin, Illinois (the "Issuer") issue
its industrial development revenue bonds for the benefit of the
603 OCTOBER 27, 1999 VOLUME LXIV
Company in an aggregate principal amount not to exceed $3,200,00
(the "Bonds") to provide financing for the Project; and
WHEREAS, the Issuer has caused to be prepared a Memorandum
of Agreement under the terms of which the Issuer agrees, subject
to the provisions of such Memorandum of Agreement, to begin the
proceedings necessary to issue its revenue bonds to provide
financing of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, AS FOLLOWS:
1. That the Mayor of the Issuer is hereby
authorized and directed to execute and the City Clerk to attest
to a Memorandum of Agreement with the Company, a copy of which
is attached hereto.
2. That the officials, officers and employees of
the. Issuer are hereby authorized to take such further action as
is necessary to carry out the intent and purpose of this
Resolution (including, but not limited to, publishing notice of
any pub-lic�hearing necessary to permit the Issuer to issue the
Bonds for the Project) and to cause not more than $3,200,000 of
the Bonds to be issued upon the terms and conditions stated in
such Memorandum of Agreement, which Memorandum of Agreement is
hereby made a part of this Resolution.
3. That the Issuer hereby declares its intent to
assist the Company under Treasury Regulations Section 1.150--2 to
reimburse any expenditures made on costs of the Project prior to
the issuance of the Bonds with proceeds of the Bonds.
4. That this Resolution shall be in full force and
effect immediately upon its adoption and approval.
sl Ed Schock.
Ed Schock, Mayor
Presented: October 27, 1999
Adopted: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
VOLUME LXIV OCTOBER 27, 1999 604
RESOLUTION 99-276 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE
CONTRACT WITH ILLINOIS CONSTRUCTION CORPORATION FOR THE 1998
BRIDGE REHABILITATION PROJECT
Councilman Gilliam madea motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Counci.lmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
Resolution No. 99-276
RESOLUTION
APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH
ILLINOIS CONSTRUCTION CORPORATION FOR THE
1998 BRIDGE REHABILITATION PROJECT
WHEREAS, the City of Elgin has heretofore entered into a
contract with Illinois Construction Corporation for the 1998
Bridge Rehabilitation Project; and
WHEREAS, it is necessary and desirable to modify the terms
of the contract as is described in Change Order No :.:1,-:attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be
and is hereby authorized and directed to execute Change Order
No. 1, a copy of which is attached hereto and made a part hereof
by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 27, 1999
Adopted: October 2.7, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
RESOLUTION 99-277 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE
CONTRACT WITH KENNY CONSTRUCTION CO. FOR THE TYLER CREEK
INTERCEPTOR SEWER PHASE V
Councilman Gilliam made,a motion, seconded by Councilman
Figueroa, to adopt. the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
605 OCTOBER 27, 1999 VOLUME LXIV
Resolution No. 99-277
RESOLUTION
APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH
KENNY CONSTRUCTION CO. FOR THE
TY.LER CREEK INTERCEPTOR SEWER PHASE V
WHEREAS, the City of Elgin has heretofore entered into a
contract with Kenny Construction Co. for the Tyler Creek
Interceptor Sewer Phase V project; and
WHEREAS, it is necessary and desirable to modify the terms
of the contract as is described in Change Order No.: 2, attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be
and is hereby authorized and directed to execute Change Order
No. 2, a copy of which is attached hereto and made a part hereof
by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 27, 1999
Adopted: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
s./ Dolonna Mecum
Dolonna Mecum, City Clerk
7.7--6I8 I-LUUYr1ZLJ.,HU111V:R..I.G1.1V17
OF A GRANT OF EASEMENT FROM THE
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
VOLUME LXIV OCTOBER 27, 1999 606
Resolution No. 99-278
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FROM THE NORTHERN ILLINOIS GAS COMPANY FOR
THE TYLER CREEK INTERCEPTOR SEWER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk;
be and are hereby authorized and directed to execute and accept
a grant of easement from the Northern Illinois Gas Company for
the purpose of installing,constructing, reconstructing,
operating, maintaining, altering, repairing, replacing and
removing a 36-inch diameter sanitary sewer in a 60-inch diameter
jacked casing in, under, upon and across the property legally
described in the Grant of Easement attached hereto and made a
part hereof by reference.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Grant of Easement to be
recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
s / . Ed Schock
Ed Schock, Mayor
Presented: October 27, 1.999
Adopted: October 27 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
`sl Dolonna. Mecum
Dolonna Mecum, City Clerk
V1101M
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: None.
607 OCTOBER 27, 1999 VOLUME LXIV
Resolution No. 99-279
RESOLUTION
ACCEPTING FOR MAINTENANCE THE UNDERGROUND AND SURFACE
IMPROVEMENTS IN TERRACE AVENUE AND KINGSLEY COURT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that the City of Elgin hereby accepts for maintenance
the underground and surface improvements, which include water
main, storm sewer, curb and gutter, asphalt pavement, sidewalk,
street lights and parkway in Terrace Avenue and Kingsley Court.
s/ Ed Schock
Ed.Schock, Mayor
Presented: October 27, 1999
Adopted:. October 27, 1999
Omnibus Vote: Yeas 7 Nays Q.
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
Councilman Gilliam made a motion, seconded by Councilman
Figueroa, to adopt the following resolution. Yeas:
Counc,ilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski,
Yearman and Mayor Schock. Nays: 'None.
Resolution No. 99-280
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
SERVICE AGREEMENT WITH THE NEW CENTURY PARTNERSHIP FOR ELGIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that. Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute a First
Amendment to Service Agreement on behalf of the City of Elgin
with the New Century Partnership for Elgin for the
revitalization of the. center city, a copy of which is attached
hereto and made a part hereof by reference.
sl Ed Schock
Ed Schock, Mayor
VOLUME LXIV
OCTOBER 27, 1999
.M
Presented: October 27, 1999
Adopted: October 27, 1999
Omnibus Vote: Yeas 7 Nays 0
Attest:
sJ Dolonna Mecum
Dolonna Mecum, City Clerk
REPORTS MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilman Gilliam made a motion, seconded by Councilman
Walters, -to place the following reports and minutes on file.
Yeas: Councilmembers Figueroa, Gilliam, Munson, Walters,
Wasilowski, Yearman and Mayor Schock. Nays: None.
Bluff City Cemetery Third. Quarter 1999 Report
Heritage Commission.Minutes for September 7, 1999 Regular
Meeting and September 14, 28 and October 7, 1999, Design
Review Subcommittee Meeting
Planning and Development Commission Minutes for September 20,
1999
Committee of the Whole Minutes for September 22, 1999
City Council Minutes for September 22, 1999
Disbursement Report
ANNOUCEMENTS
Mayor Schock announced
the Whole Meeting will
1999, Council meeting
ADJOURNMENT
that the November
begin at 5:00 p.m.
will begin at 7:00
3, 1999, Committee of
and the November 3,
p.m.
Councilman Gilliam made a motion, seconded by Councilwoman
Yearman, to adjourn and return to the Committee of the Whole
Meeting. The meeting adjourned at 8:50 p.m.
November 17, 1999
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Su4Tlyn Lctch, Deputy City Clerk Date Approved