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HomeMy WebLinkAbout99-11VOLUME LXIV NOVEMBER 3, 1999 609 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 November 3, 1999, in the Council Chambers. The meeting was called to order by Mayor Schock at 7: p.m. The Invocation was given by Reverend Paul Hayes, and the Pledge of Allegiance was led by representatives of the press. ROLL CALL Roll call was answered.by Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Absent: Councilmember Gilliam. PROCLAMATION RECOGNIZING SNUG HUGS FOR KIDS WINTER CLOTHING AND OUTWEAR DONATIONS Mayor Schock read and presented a proclamation to Tim Williams, a representative of Merlin Mufflers, proclaiming November 1 through December 15, 1999, as Snug Hugs for Kids Days in Elgin. Citizens are encouraged to bring winter clothing to drop boxes located at the two Merlin Muffler shops in Elgin to assist needy children throughout the area. Mr. Williams said that this project started in Illinois six years ago and the donations made at the Elgin locations are the largest in the State of Illinois. RFP 99-080.AWARDED FOR RECORDS MANAGEMENT SYSTEM FOR FIRE DEPARTMENT Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this contract to SunPro, Inc. in the amount of $91,535.75. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. BID 99-106 AWARDED FOR SERVER FOR FIRE DEPARTMENT Councilman Wasilowski made a motion, seconded by Councilman. Figueroa, to approve a contract in the amount of $15,059 to Shea Technologies. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. 610 NOVEMBER 3, 1999.VOLUME LXIV PUBLIC HEARING ON TRUTH IN TAXATION Mayor'Schock declared the public hearing open. Finance Director, Jim Nowicki, reviewed the Truth in Taxation procedures, requirements, and estimated tax levy figures. No one else chose to speak. Mayor Schack declared the public hearing closed. PET_I_TION 4-99 APPROVED REQUESTING VARIOUS TEXT AMENDMENTS TO TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE BY THE CITY OF ELGIN, AS APPLICANT Councilman Figueroa made a motion, seconded by Councilman Wasilowski, to approve the proposed amendments to Title 19. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. PETITION 49.-99 REMAINED TABLED REOUESTING A MAP AMENDMENT FROM RCI RESIDENCE CONSERVATION DISTRICT AND MFR MULTIPLE FAMILY RESIDENTIAL DISTRICT TO A.PMFR PLANNED MULTIPLE FAMILY RESIDENTIAL DISTRICT; PROPERTY LOCATED AT 80�1-`NORTH MCLEAN BOULEVARD AND 1445 ROYAL BOULEVARD BY THE WIND.SOR DEVELOPMENT CORPORATION AND WINDSOR.LIFECARE, LLC, AS APPLICANTS; AND BY AS OWNERS 4 At the request of the petitioner, consideration of Petition 49--99 remained on the table. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Walters made a motion, seconded by Councilwoman Yearman, to authorize the following payments. Yeas: Counci.lmembers .Figueroa, Munson, -Walter.s,..Wasilowski., Yearman and Mayor Schock. Nays: None. Davey Tree Expert $50,098.37 Balance of payments for Cleveland, OH spring planting, pruning, emergency work and landscape planting block line area 3. CONSENT AGENDA Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass Ordinance Nos. G66-99, G67-99 and adopt Resolution Nos. 99-281 through 99-283 by omnibus vote. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. VOLUME LXIV NOVEMBER 3, 1999 611 ORDINANCE G66-99 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN TEFFT AVENUE Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Ordinance No. G66-99 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN (Tefft 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: Tefft Avenue. Tefft Avenue, east side thereof, from Bode. Road to Forest Avenue, between the hours of 2:00 a.m. and 6:00 a.m. Tefft Avenue. Tefft Avenue, west side thereof, from Bode Road to Forest Avenue. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 'Section 3-That..thi,s ordinance shall be ..in;.,fu.11. force and effect ten days after its passage in the manner provided by law. s/ Ed Schock _ Ed Schock, Mayor Presented: November 3, 1999 Passed: November 3, 1999 Omnibus Vote.: Yeas 6 Nays 0 Recorded: November 4, 1999 Published: November 4, 1999 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 612 NOVEMBER 3, 1999 VOLUME LXIV ORDINANCE G67-99 PASSED ADDING CHAPTER 13..27 TO THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED HONORARY STREET NAMES t Councilman Figueroa made a motion, seconded by Councilwoman Munson, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Ordinance No. G67-99 AN ORDINANCE ADDING CHAPTER 1.3.27 TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HONORARY STREET NAMES" BE IT ORDAINED BY THE CITY. COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Elgin Municipal. Code., 1976, as amended, be and is hereby further amended by.adding a new Chapter 13.27 thereto entitled "Honorary Street Names" as follows: _. _.-1 -.1 It CHAPTER 13.27 HONORARY STREET NAMES 13.27.010 ESTABLISHMENT. There is hereby established a program to provide for honorary street names. 13.27.020 APPLICATION. A. Persons or organizations proposing an honorary street name for a street located within the crty_ .aha.11,..compl_ete and submit, an..uapp.l:ication therefore to the city's Neighborhood Services Committee. An application proposing an honorary street name shall include the following: 1. the signature of a member of the city council endorsing the application and the proposed honorary street name. 2. a petition signed by not less than two-thirds of the owners abutting street proposed for the honorary street name stating the property owners support for the proposed honorary street name. 3. a statement explaining the attempts to use alternative methods for honoring a person or.event and why these alternative methods in lieu of the honorary street name are inappropriate. VOLUME LXIV NOVEMBER 3, 1999 613 4. an application fee of $40.00 to cover administrative costs. An additional $110.00 fee -will be charged to cover the cost of production and installation of street. signs should the request for the honorary street name be granted. B. 'Applications for honorary street names shall also be submitted to the city's Image Commission for review and comment. C. The recommendations of the city's Neighborhood Services Committee and the city's Image Commission shall be forwarded to the city council for final action. 13.27.030 GUIDELINES. Honorary street names shall meet the following standards: A. The location for honorary street names shall be restricted to non -arterial streets. B: The proposed honorary street name may reflect a local event, local organization or non -living person. Living persons can be considered if significant long term contributions to the community are demonstrated. Names of for profit businesses or other for profit organizations shall not be used as honorary street names. C. The proposed honorary street name shall not duplicate any existing name or be similar either -p:ho.ne.t.icall.y or in-;sPell-i.ng to any other honorary or actual street name. D. An honorary street name, shall be easy to spell and pronounce. E. An honorary street name shall be applied throughout the entire length of the subject street, except where impractical and in such instance shall be applied to the section of a street designated in the city council resolution approving the honorary street name.. F. A designation of an honorary street name shall be limited not to exceed five (5) years. G. Honorary street name signs will be distinctive in size and color from the official street name sign and will be installed below the official street name sign. 614 NOVEMBER 3, 1999 VOLUME LXIV 13.27.040 HONORARY STREET NAME APPROVAL OR DENIAL. The recommendations of the city's Neighborhood Services Committee and Image Commission shall be forwarded to the city council. Any decision to enact a proposed honorary street name shall be made by the city council." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. sl Ed Schock Ed Schock, Mayor Presented: November 3, 1999. Passed: November 3, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: November 4, 1999. Published: November 4, 1999 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk _ -2.81 ADOPTED RESERVATIONS LICENSE AGREEMENT WITH FORE! RESERVATIONS,_ THE. PURCHASE OF A_S.OPTWARE.SYSTEM FOR RESERVATIONS AT SPi MEADOWS AND WING PARK GOLF COURSES Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays:. None. Resolution No. 99-281 RESOLUTION AUTHORIZING EXECUTION OF A RESERVATIONS LICENSE AGREEMENT WITH FORE! RESERVATIONS, INC. FOR THE PURCHASE OF A SOFTWARE SYSTEM FOR RESERVATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby VOLUME LXIV NOVEMBER 3, 1999 615 authorized and directed to execute a Reservations License Agreement on behalf of the City of Elgin with FORE! Reservations, Inc. for a software system for reservations,,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 3, 1999 Adopted: November 3, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-282 ADOPTED AUTHORIZING EXECUTION OF A SELL LICENSE.AGREEMENT WITH FORE! RESERVATIONS INC FOR THE PUR OF A SOFTWARE SYSTEM FOR POINT OF SALE PURCHASES AT SPARTAN MEADOWS AND WING PARK GOLF COURSES Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None, Resolution No. 99-282 ......__�........:. ......RESOLUTION AUTHORIZING EXECUTION OF A SELL LICENSE AGREEMENT WITH FORE! RESERVATIONS, INC. FOR THE PURCHASE OF A SOFTWARE SYSTEM FOR POINT OF SALE PURCHASES 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 Sell License Agreement on behalf of the City of Elgin with FORE! Reservations, Inc. for a software system for point of sale purchases, a copy of which is attached hereto and made a part hereof by reference. S_ Ed Schock. Ed Schock, Mayor 616 NOVEMBER 3, 1999 VOLUME LXIV Presented: November 3, 1999 Adopted: November 3, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: :s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-283 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH MOTOROLA FOR LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT Councilman Figueroa made a motion, seconded by Councilwoman Munson, to adopt the resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-283 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH MOTOROLA FOR LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT 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 Service Agreement on behalf of the City of Elgin with Motorola for laptop computers for the police department, a copy of which is attached hereto and made a part hereof by reference. >s/ -,Ed S_chock. — Ed Schock, Mayor Presented: November 3, 1999 Adopted: November 3, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sf __Dolonna Mecum _ Dolonna Mecum, City Clerk VOLUME LXIV NOVEMBER 3, 1999 617 REPORTS MINUTES RECEIVED AND ORDERED PLACED ON FILE .Councilman Walters made a motion, seconded by Councilman Figueroa, to place the following reports and minutes on file. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Hotel/Motel Tax - September 1999 State of Illinois Revenue Reports: Sales Tax - July 1999 Local Sales Tax - July 1999 State Income Tax - September 1999 State Photo Processing Tax - July 1999 State Use Tax - July 1999 Elgin Area Convention and Visitors Bureau Minutes for August 3, 1999 and September 2, 1999 Emergency Telephone Systems Board of Elgin Minutes for September 16, 1999 Hemme.ns Advisory Board Minutes for August 12, 1999 and September 9, 1999 ANNOUNCEMENTS Mayor Schock announced that the next Committee of the Whole Meeting will be November 17, 1999 at 5:00 p.m. and the Council Meeting at 7.:00 p.m. ADJOURNMENT Councilwoman Yearman made a motion, seconded by Councilman Wasilowski, to adjourn the meeting. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock`.: Nays :-.; ...None. The meeting adjourned at 7:17 p.m. WA't� _Z. November 17, 1999 Dolonna Mecum, City Clerk Date Approved VOLUME LXIV NOVEMBER 17, 1999 618 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 November 17, 1999, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:10 p.m. The Invocation was given by Reverend Don Schmidt, and the Pledge of Allegiance was led by Boy Scout Troop 10. ROLL CALL Roll call was answered by Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE OCTOBER 27,_AND NOVEMBER 3, 1999, COUNCIL MEETINGS APPROVED AS DISTRIBUTED Councilman Walters made a motion, seconded by Councilwoman Yearman, to approve the October 27 and November 3 1999, Council Meeting Minutes as distributed. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowsk., Yearman and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Duane Werth, 54 Genesee Avenue, stated that residents of Sadler's Addition, also known as "Area K;" filed a petition sometime ago requesting that their neighborhood receive upgraded streets, sewer, water, curbs and gutters. Mr. Werth urged the City Council and appropriate city departments to.do what is necessary to start this project. Joe Pabian, 545 Teal, stated that he also lives in "Area K," and he is very concerned about the condition of the streets and the fact that there are no fire hydrants in their neighborhood. He feels that the only City services they receive are trash pickup and snow plowing. John Hartney; 359 Moseley, stated that he is representing the new Southwest Neighborhood Association. They would like for the City to upgrade the playground equipment at Lowrie School. Further, they want the City to know that their neighborhood would welcome PADS locating on the Elgin Mental Health Center property but would want their concerns addressed, particularly with reference to possible foot traffic that might be generated as a result of PADS being in their neighborhood. 619 NOVEMBER 17, 1999 VOLUME LXIV BID 99-112 AWARDED FOR PORTABLE RADIOS FOR THE HEMMENS Councilman Walters made a motion, seconded by Councilwoman Munson, to award this contract to Unicomm Electronics, Inc. for a total amount of $5,922.40. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. BID 99-108 AWARDED FOR HOUSING AUTHORITY OF ELGIN COURT SECURITY SCREEN PROJECT Councilman Wasilowski made a motion, seconded by Councilman Figueroa, to award this contract to City Screen, Inc. in the amount of $15,600.00 Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. BID 99-098 AWARDED FOR HEMMENS PHONE REPLACEMENT Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this contract, including Alternate No. 1, to CMS Communications, Inc. for a total amount of $15,132.00. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. PUBLIC..HEARING FOR YEAR 2000 BUDGET Mayor Schock declared the public hearing open. Steven Byers, 520 Glenwood Trail, on behalf of the Friends of Trout Park, stated that the stair steps in the Trout Park Nature Preserve are in terrible condition and beyond repair. Because of the safety issue, he requested that funds be allocated for their replacement. as soon as possible. Mayor Schock stated that the City Manager advised him that funding would be found for this project. Mayor Schock then declared the public hearing closed. CONSIDERATION OF PETITION 49-99 REMAINED TABLED REQUESTING A MAP AMENDMENT FROM RCI RESIDENCE CONSERVATION DISTRICT AND MFR MULTIPLE FAMILY RESIDENTIAL DISTRICT TO A PMFR PLANNED MULTIPL FAMILY RESIDENTIAL DISTRICT; PROPERTY LOCATED AT 801 NORTH MCLEAN BOULEVARD AND_1445 ROYAL_ BOULEVARD BY THE WINDSOR APPLICANTS; AND BY W FRIEDLAND, AS OWNERS. VOLUME LXIV NOVEMBER 17, 1999 620 RESOLUTION 99-290 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLIAMS ASSOCIATES ARCHITECTS, LTD. FOR THE ELGIN FAMILY RECREATION CENTER Councilman Wasilowski made a motion, seconded by Councilman Figueroa, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski and Mayor Schock. Nays: Councilmember Yearman. Resolution No. 99-290 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLIAMS ASSOCIATES ARCHITECTS, LTD. FOR THE ELGIN FAMILY RECREATION CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, I.LLINOIS, 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 an agreement on behalf of the City of Elgin with Williams Associates Architects, Ltd. for design and construction services for the development of the Elgin Family Recreation Center, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 17, 1999 Adopted: November 17, 1.999 Vote: Yeas 5 Nays 1 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Figueroa made a motion, seconded by Councilman Wasilowski, to authorize the following payments. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. 0 621 Management Services, Inc. Danville, IL Elgin Police Dept. Nicor Gas Naperville, IL CONSENT AGENDA NOVEMBER 17, 1999 VOLUME LXIV $ 6,630.00 Payment for workers' compensation cases. $47,419.56 Payment of salaries for Emmett Moneyhun and Zachary McCorkle who are assigned to the Kane County Auto Theft Task Force. $5,000.00 Easement for Tyler Creek Interceptor Sewer. Councilman Walters made a motion, seconded by Councilwoman Yearman; to pass Ordinance Nos. G.68-99, G69-99 and adopt. Resolution Nos. 99-284 through 99-289 by omnibus vote. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. -99 .PASSED AMENDING TITLE 19, THE ELGIN F Councilman Walters made a motion, seconded by Councilwoman Yearman, to pass the following ordinance. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Ordinance No. G68-99 AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE., 1976, AS AMENDED (Family Residential Care and Nonconforming Uses) WHEREAS, written application has-been made to amend the Elgin Zoning Ordinance provisions pertaining to family residential care and nonconforming uses; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXIV NOVEMBER 17, 1999 622 Section 1. That Chapter 19.90 entitled "Supplementary Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19.90.600 to read as follows: "19.90.600 RESIDENTIAL CARE. "Residential Care" shall mean a specialized program located in a dwelling unit [SR], which provides residential, social, and personal care to persons with functional disabilities as defined herein, but where medical care is not a major element. Persons with functional disabilities shall mean a person who, because of a physical or mental condition or disease, is functionally disabled to the extent of the following: Needing care, supervision or monitoring to perform activities of. daily living or instrumental activities of daily living, or Needing supports to ameliorate or compensate for the effects of the functional disability so as to Lead as independent a life as possible, or Having a physical or mental impairment which substantially limits one or more of such person's major life activities, or Having a record of having such an impairment, or Being regarded as having such an impairment, but such term does not include current, illegal use of or active to addiction alcohol or to a controlled substance. Residential care shall be subject to the following supplementary regulations: A. Qualifications. Residential care facilities shall be licensed by the State of Illinois. B. Terms.. Nine or more (9) persons, excluding employed professional support staff, shall reside in a residential care facility." Section 2. That Section 19.25.730 entitled "Land Use" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the Services Division under Subsection B the following: 623 NOVEMBER 17, 1999.VOLUME LXIV "Residential. Care Facility" [SR] Section 3. That Section 19.25.730 entitled "Land Use" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the Services Division under Subsection A the following: "Residential Care Facility" [SR3 Section 4. That Section 19.35.230 entitled "Land Use" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the Services Division under Subsection B the following: "Family Residential Care Facility" [SRI "Residential Care.Facility" [SR] Section 5. That Section 19.35.230 entitled "Land Use" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the Services Division under Subsection A the following: "Family Residential Care Facility" [SR] "Residential Care Facility" [SR] Section 6. That Chapter 19.90 entitled "Supplementary Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19.90.605 to read as follows: "19.90.605 RESIDENTIAL CARE, FAMILY. Family Residential Care shall mean a specialized program located in a dwelling unit [SR], which provides residential, social, and personal carp: to persons with functional disabilities as defined herein, but where medical care i.s not a major element. Persons with functional disabilities shall mean a person who, because of a physical or mental condition or disease, is functionally disabled to the extent of the following: Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible, or Having a physical or mental impairment which substantially limits one or more of such person's major.life activities, or VOLUME LXIV NOVEMBER 17, 1999- 624 Having a record of having such an impairment, or Being regarded as having such an impairment., but such term does not include current, illegal use of or active to addiction alcohol or to a controlled substance. Family residential care shall be subject to the following supplementary regulations: A. Qualifications. Family residential care facilities shall be licensed by the State of Illinois. B. Terms. A maximum of eight persons; excluding employed professional support staff, shall reside in a family residential care facility." Section 7. That Chapter 1.9.52 entitled "Nonconforming Uses and Structures" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Subsection G under Section 19.52.030 to read as follows: "G. Abandonment. A nonconforming use of any land or structure, including any accessory uses; shall not be reestablished subsequent to abandonment as follows: 1. Where a nonconforming use of any land or structure is discontinued, or its normal operation is stopped for a period of one year, there shall exist a rebuttable presumption that the nonconforming use was intended to be abandoned and the nonconforming use shall be discontinued. 2. Where there is a "change in use" [SR], regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this code." Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 625 NOVEMBER 17, 1999 VOLUME LXIV Section 9. That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. _s/ Ed Schock Ed Schock, Mayor Presented: November 17, 1999 Passed: November 17, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: November 18, 1999 Published: November 19, 1999 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G69-99 PASSED AMENDING CERTAIN PARKING RESTRICTIONS_ WITHIN THE CITY OF ELGIN (BOWES ROAD) Councilman Walters made a motion,.seconded by Councilwoman Yearman, to pass the following ordinance. Yeas: C.ounclmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Ordinance No. G89-99 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN (Bowes Road) 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 tow -away zones under Section 11.60.205 the following: Bowes Road, both sides, from 390 feet east of Crispin Drive to a point 1,030 feet east of Crispin Drive. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LXIV NOVEMBER 17, 1999 626 Section 3. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. sl Ed Schock Ed Schock, Mayor Presented: November 17, 1999 Passed: November 17, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: November 18, 1999 Published: November 19, 1999 Attest: __ sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-284 ADOPTED ACCEPTING THE PROPOSAL OF CROWE, CHIZEK AND COMPANY LLP FOR AUDITING SERVICES Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers. Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-284 RESOLUTION ACCEPTING THE PROPOSAL OF CROWE, CHIZEK AND COMPANY LLP FOR AUDITING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.0205(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 proposal on behalf of the City of Elgin of Crowe, Chizek and Company LLP for auditing services, a copy of which is attached hereto and made a part hereof by reference. __s1 Ed Schock Ed Schock, Mayor 627 NOVEMBER 17, 1999 VOLUME LXIV Presented: November 17, 1999 Adopted: November 17, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-285 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT WITH PLANNED DEVELOPMENT CONSTRUCTION, INC. MICHAEL. ORIGER AND NAIM J.ELIAS_(PRAIRIE ROCK BREWING COMPANY AND RESTAURANT) Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yea:rman and Mayor Schack. Nays: None. Resolution No. 99-285 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT WITH PLANNED DEVELOPMENT CONSTRUCTION, INC., MICHAEL ORIGER AND NAIM J. ELIAS .(Prairie Rock Brewing Company and Restaurant) 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 an agreement on behalf of the City of Elgin with Planned Development Construction, Inc., Michael Origer and Naim J. Elias for the development of the Prairie Rock Brewing Company and Restaurant; a copy of which is attached hereto and made a part hereof by reference. s Ed Schock Ed Schock, Mayor Presented: November 17, 1999 Adopted: November 17, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXIV NOVEMBER 17, 1999 628 RESOLUTION 99-286 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-286 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert H.. Smith be and is hereby appointed as a member of the Hemmens. Advisory Board to fulfill the unexpired. term of Jana Fry for a term to expire. May 1, 2002. BE IT FURTHER RESOLVED that Molly Block be and is hereby appointed as a member of the Image Advisory Commission to fulfill the unexpired term of Anne Lapinski, for a term to expire May 1, 2002. SZ Ed Schock Ed Schock, Mayor Presented: November 17, 1999 Adopted: November 17, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum,. City Clerk RESOLUTION 99-287 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH THE ELGIN CHILDREN'S CHORUS (VOICES) Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. 629 NOVEMBER 17, 1999 VOLUME LXIV Resolution No. 99-287 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH THE ELGIN CHILDREN'S CHORUS (Voices) 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 Grant Agreement on behalf of the City of Elgin with the Elgin Children's Chorus for a $3,670 grant for performances of Voices pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: November 17, 1999 Adopted: November 17, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-288 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH THE INDEPENDENT PLAYERS (SPEED -THE -PLOW AND NUTCRACKER BALLET) Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the following resolution.. Yeas- Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-288 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH THE INDEPENDENT PLAYERS (Speed -The -Plow and Nutcracker Balled.) 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 Grant Agreement on behalf of the City of Elgin with the Independent Players for an $11,810 grant for performances of Speed -The Plow and Nutcracker Ballet pursuant to the Cultural. Arts Commission Arts and Culture Grants VOLUME LXIV NOVEMBER 17, 1999 630 Program, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schack Ed Schock, Mayor Presented: November 17, 1999 Adopted: November 17, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum; City Clerk _ RESOLUTION 99-289 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT (976 LAVOIE AVENUE) Councilman Walters made a motion, seconded by Councilwoman Yearman.; to adopt the following resolution. Yeas: Councilmembers. Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Resolution No. 99-289 RESOLUTION AUTHORIZING EXECUTION OF AREAL ESTATE SALE CONTRACT (976 Lavoie 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 Doug Palmer and Renell Palmer, for the purchase of property commonly known as 976 Lavoie Avenue, Elgin, for $98,000, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor..,,... - Presented: November 17, 1999 Adopted: November 17, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: t s/ Dolonna Mecum..,,...,,,„_ Dolonna Mecum, City Clerk 631 NOVEMBER 17, 1999 VOLUME LXIV REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilwoman Yearman made a motion, seconded by Councilman Walters, to place the following reports and minutes on file. Yeas: Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays: None. Cultural Arts Commission Minutes for September 13, 1999 and September 27, 1999 Elgin Area Convention and Visitors Bureau Minutes for June 3, 1999 and October 7, 1999 Heritage Commission Minutes for June 1, 1999 and October 5, 1999 Liquor Control Commission Minutes for October 6, 1999 Parks and Recreation Board Minutes for August 31, 1999 and'Notes for September 28, 1999 Planning and Development Commission Minutes for October 4, 1999 .and October 18, 1999 Zoning & Subdivision Hearing Board Minutes for September 1, 1999 Committee of the Whole Minutes for October 13, 1999 City Council Minutes for October 13, 1999 Disbursement Report for October 1999 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilwoman Munson made a motion, seconded by Councilman Wasilowski, to adjourn the meeting. Yeas: Councilmeribers Figueroa, Munson, Walters, Wasilowski, Yearman. and Mayor Schock. Nays: None. The meeting adjourned at 7:32 p.m. December .1, 1999 Dolonna Mecum, City Clerk Date Approved