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HomeMy WebLinkAbout99-2VOLUME LXIV FEBRUARY 10, 1999 46 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 February 10, 1999, in the Council Chambers. The meeting was called to order by Mayor Kelly at 7:35 p.m. The Invocation was given by Nathan Kappes, and the Pledge of Allegiance was led by Mayor Kelly. ROLL CALL Roll call was answered by Councilmembers Gavin, Gilliam, Schock, Walters, Yearman, and Mayor Kelly. Absent: None. COMMUNICATIONS Proclamations Honoring Wheel of Wisdom Winners from Lords Park School Mayor Kelly read and presented proclamations to the winners of the "Wheel of Wisdom" contest held at Hemmens Theater. The winners were Lance Dobler, Doug Merklin,,and Denise Singery. MINUTES OF THE JANUARY 27 1999, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilwoma,n Yearman made a motion, seconded by Councilman Walters, to approve the January 27, 1999, Council Meeting Minutes as distributed. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman, and Mayor Kelly. Nays: None. RECOGNIZE PERSONS PRESENT Rene Schroeppel, Box 1162, Elgin, addressed the Council regarding the dance club not returning his property. BID AWARDED FOR CAPITAL EQUIPMENT PURCHASE - ELGIN STREET SWEEPER REPLACEMENTS Councilman Walters made a motion, seconded by Councilwoman Yearman, to authorize the trade in of units #102 and #124 and the purchase of two Elgin Pelican "P" series sweepers from Standard Equipment Company for a total of $194,608. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. 47 FEBRUARY 10, 1999 VOLUME LXIV BID AWARDED FOR DUMP/PLOW TRUCKS Councilman Gilliam made a motion, seconded by Councilman Gavin, to award this contract through the State of Illinois Joint Purchase Program to Navistar -Prairie International in the amount of $305,258 for the purchase of two 1999 International Model 4900 single axle dump trucks and two 1999 International Model 4900 tandem axle dump trucks equipped with front-end plows and to authorize staff to dispose of the four replacement vehicles through a public auction. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID AWARDED FOR FORD EXPLORERS Councilman Gilliam made a motion, seconded by Councilman Gavin, to award this contract through the State of Illinois Joint Purchase Program contractor, LandMark Ford, for an amount of $47,812, for the purchase of two 1999 Ford Explorers and to authorize staff to dispose of the two replacement vehicles through a public auction. Yeas: Councilmembers Gavin.., Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID AWARDED FOR POLICE VEHICLES Councilman Gavin made a motion, seconded by Councilwoman Yearman, to award the purchase of 13 1999 Ford police interceptor squad cars to the State of. Illinois Joint Purchase Program contractor, LandMark Ford, for an amount of $285,384.97 and to authorize staff to dispose of the two replacement vehicles through a public auction. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID AWARDED FOR'NORTH MCLEAN BOULEVARD/KASKASKIA TO ABBOTT Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this contract to Plote Companies in the amount of $1,976,315.71. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID AWARDED FOR 1999 NEIGHBORHOOD STREETS REHABILITATION COMMONWEALTH/WORTH Councilman Schock made a motion, seconded by Councilman Gavin, to award this project to Triggi Construction in the amount .of $870,090.75. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. VOLUME LXIV FEBRUARY 10, 1999 48 BID AWARDED FOR 1999 NEIGHBORHOOD STREETS REHABILITATION SEMINOLE/HIAWATHA Councilman Schock made a motion, seconded by Councilwoman Yearman, to award this project to Trigg.i Construction in the amount of $1,019,749.20. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID AWARDED FOR 1999 NEIGHBORHOOD STREETS REHABILITATION) ERIE/MAIN Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this project to Arrow Road Construction in the amount of $921,472.30. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID AWARDED FOR 1999 NEIGHBORHOOD STREETS REHABILITATION ALGONA/ENTERPRISE Councilman Schock made a motion, seconded by Councilwoman Yearman, to award this project to C-A Construction in the amount of $1,42'8,129.13. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID 99-009 AWARDED FOR YMCA FACILITY IMPROVEMENT Councilman Gavin made a motion, seconded by Councilman Walters, to award this contract to Dennis Curtis Boiler Service and Sales, Inc. in the amount of $53,850. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. CONTRACT AWARDED FOR REMOVAL AND DISPOSAL OF LIME RESIDUE Councilman Gilliam made a motion, seconded by Councilman Schock, to award the third year of the three year contract with the BioGro Division of Wheelabrator Water Technologies, Inc. in an amount not to exceed $887,940. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. PETITION 1-99 FAILED REQUESTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE CI COMMERCIAL INDUSTRIAL DISTRICT; PROPERTY LOCATED AT 811 EAST CHICAGO STREET; BY NICK N. IBRAHIM, AS APPLICANT AND SOUTHLAND CORPORATION, AS OWNER Councilman Gavin made a motion, seconded by Councilman Walters, to approve Petition 1-99 with conditions. Yeas: Councilmembers Gavin, Yearman and Mayor Kelly. Nays: Gilliam, Schock and Walters. 49 FEBRUARY 10, 1999 VOLUME LXIV RESOLUTION 99-45 ADOPTED AUTHORIZING EXECUTION OF A CONFIDENTIALITY AGREEMENT WITH THE UNITED STATES CENSUS BUREAU Councilman Gilliam made a motion, seconded by Councilman Walters, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99--45 RESOLUTION AUTHORIZING EXECUTION OF A CONFIDENTIALITY AGREEMENT WITH THE UNITED STATES CENSUS BUREAU BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorzes.the execution of a Confidentiality Agreement on behalf of the City of Elgin with the United States of America Department of Commerce, Bureau of the Census for a Local Update of Census Addresses Program, a copy of which is attached hereto and made a part. hereof by reference. sl Kevin Kell Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-46 ADOPTED AUTHORIZING STREET A FACADE Councilman Gavin made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-46 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (12 N. State Street) 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 facade improvement program agreement on behalf of the City of VOLUME LXIV F'EBRUARY 10, 1999 50 Elgin with Juan Thorne for the property commonly known as 12 North State Street, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-47 ADOPTED OF THE CITY OF ELGIN, ILLINOIS, CONSENTING TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM AMERITECH NEW MEDIA, INC. TO SBC COMMUNICATIONS, INC. Councilman Gilliam made a motion, seconded by Councilman Gavin, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Yearman and Mayor Kelly. Nays: None. Councilman Walters abstained due to a conflict of interest. Resolution No. 99-47 RESOLUTION OF THE CITY OF ELGIN, ILLINOIS, CONSENTING TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISEE AMERITECH NEW MEDIA, INC. FROM AMERITECH CORPORATION TO SBC COMMUNICATIONS, INC. WHEREAS, Ameritech New Media, Inc., a Delaware corporation, (the "Franchisee") is the holder of a franchise (the "Franchise") to provide cable television service in the City of Elgin, Illinois, a municipal corporation (the "Municipality") pursuant to a franchise agreement between the Municipality, dated May 28, 1997. The Franchise Agreement and the Cable Ordinance are collectively referred to as the "Franchise Documents"; and WHEREAS, the Franchisee and SBC Communications, Inc. together With Franchisee ("Transfer Parties") jointly submitted to the Municipality their application on Federal Communications Commission ("FCC") Form 394, dated October 22, 1998 (the "Application"), requesting that the Municipality approve the transfer of control of the Franchise as more fully described therein (the;. "Transfer"); and 51 FEBRUARY 10, 1999 VOLUME LXIV WHEREAS, pursuant to the information requests of the Municipality, the Transfer Parties supplemented the Application, with additional documents and information; and WHEREAS, the Transfer Parties have made various representations in the Application and supplemental information thereto including that the Transfer is not expected to result in an increase in cable television service rates or reduce the quality of cable television customer service or the quality of cable television service in the Municipality; and WHEREAS, the Municipality, and the Franchisee have negotiated an agreement regarding certain conditions of this consent (the "Transfer Agreement"), a copy of which is attached as Exhibit A and is incorporated by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that in reliance upon the representations and information submitted in the Application and supplemental information thereto and subject to the conditions set forth in the transfer Agreement, the Municipality hereby consents to the Transfer as described in the Application and supplemental information thereto. BE IT FURTHER RESOLVED that the Municipality's consent is subject to the Franchisee executing and delivering to the Municipality by no later than 30 days.after closing a Transfer Agreement in the form of the attached Exhibit A. If the Transfer Parties fail to do so., the Municipality's consent to the Transfer shall be null and void and the Application shall be denied. BE IT FURTHER RESOLVED that, by this consent, the Municipality does not agree to any renewal or extension of the Franchise. Any pending or future renewal or extension of the Franchise shall be subject to applicable federal, state and local laws, the Franchise Documents, and the Transfer Agreement. BE IT FURTHER RESOLVED that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute and deliver the Transfer Agreement in substantially the form of the attached Exhibit A, together with such mutually agreed upon changes as the Mayor may approve as necessary or desirable, such approval to be conclusively evidenced by the execution of the Transfer Agreement. sl Kevin Kell Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 10, 1999 52 Presented: February 10, 1999 Adopted: February 10, 1999 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-48 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH AMERICAN NATIONAL BANK FOR SANITARY SEWER PURPOSES Councilman Gilliam made a motion, seconded by Councilman Waiters, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None.. Resolution No. 99-48. RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH AMERICAN NATIONAL BANK FOR SANITARY SEWER PURPOSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum., City Clerk, be and are hereby authorized and directed to execute an Easement t: Agreement for sanitary sewer purposes for the property legally described in the Easement Agreement, a copy of which is 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 Easement Agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 53 FEBRUARY 10, 1999 VOLUME LXIV AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Gilliam made a motion, seconded by Councilman Schock, to authorize the following payments. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Plate, Inc. Elgin, IL League of Chicago Theatres Chicago, IL American Water Works Association Denver, CO Gateway Business Des Moines, IA, $16,430.00 Final payment for the 1998 Ditch Cleaning Project. $12,495.00 Advertising in the Chicago Tribune for various Hemmens performances. $ 6,855.00 Annual membership dues for AWWA Research Foundation. $15,705.00 Five laptop computers with Microsoft Works, licensing and 3 year warranty. Aurora Police Dept. $11,590.34 Reimbursement of salary Aurora, IL and benefits for Guillermo Trujillo who is assigned to the, Kane County Auto Theft. Task Force. Davey Tree Expert $12,381.72 Trimming or removal of Kent, OH parkway trees at various locations. Motorola, Inc. $ 9,342.50 Transfer of computer Schaumburg, IL system, VHF Siren, lights, etc. from existing squad cars to their new replacements. Physio-Control Corp. $11,262.48 Purchase of LIFEPAK 500 Dallas, TX automatic external defibrillators and related equipment. CWE2 Network Systems $ 2,052.00 Final payment for Year Arlington Hts., IL 2000 Assessment Services. Midwest Pipeline $ 6,754.75 Final payment of the Rehab 1998 Sewer Televising Cambridge, MN and Cleaning Project. VOLUME LXIV FEBRUARY 10, 1999 54 A.C. Pavement $ 6,925.02 Final payment of the Striping Company 1998 Pavement Marking Des Plaines, IL Program and the 1998 Pavement Marking Thermoplastic Program. IHC Group, Inc. $ 9,191.04 Emergency,water main Elgin, IL repair services. IMC Salt, Inc. $60,561.20 Delivery of bulk rock Atlanta, GA salt. CONSENT AGENDA Councilman Gavin made a motion, seconded by Councilwoman Yearman, to pass Ordinance Nos. G5-99 through G7-99 and adopt Resolution Nos. 99-30 through 99-44 by omnibus vote.. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. ORDINANCE G5-99 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilman Gavin made a motion, seconded by Councilwoman Yearman, to pass the following ordinance. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Ordinance No. G5--99 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS• Section 1. That Section 6.06.055 of the Elgin Municipal Code,1976, as amended, entitled "Exterior Sales Permit" be and is hereby further amended by amending Subparagraph A thereof to read as follows: "A. No exterior sales permit shall be issued to any licensee whose establishment is located one hundred feet or closer to any residential zone as measured from the boundary line of such residential zone to the exterior sales area. Provided further, the foregoing limitation on the issuance of exterior sales permits shall not apply to otherwise qualified establishments located one hundred feet or closer to a residential zone, for which an exterior sales area S5 FEBRUARY 10, 1999 VOLUME LXIV had been established prior to March 10, 1986. Such otherwise qualified establishments shall be permitted to apply for, obtain and renew an exterior sales permit and to continue sales in the previously established exterior sales area until such sales area is abandoned, discontinued or the exterior sales area is relocated or until the exterior sales permit expires and is not renewed, whichever occurs first. Provided, the foregoing notwithstanding, all exterior sales areas shall be in conformance with the foregoing distance limitation no later than March 10, 2006 and no exterior sales permit shall be issued or effective after such date for any exterior sales area not in conformance with such distance limitation." Section 2. That the City Manager is directed to submit a report to the City Council prior to the automatic expiration date for nonconforming exterior sales areas of March 10, 2006, and therein shall advis.e.the City Council as to the city's experience with such nonconforming exterior sales areas and whether an ordinance providing for the further continuation of such nonconforming exterior sales areas should be adopted. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance.shal.l be in full force and effect upon its passage and publication in the manner provided by law. s/ Kevin Kell Kevin Kelly, Mayor Presented: February 10, 1999 Passed: February 10, 1999 omnibus Vote: Yeas 6 Nays 0 Recorded: February 11, 1999 Published: February 12, 1999 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G6-99 PASSED AMENDING CHAPTER 20.15 OF THE ELGIN MUNICIPAL.CODE, 1976, AS AMENDED., ENTITLED "HISTORIC/ ARCHITECTURAL REHABILITATION GRANT PROGRAM" Councilman Gavin made a motion, seconded by Councilwoman Yearman, to pass the following ordinance. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. VOLUME LXIV FEBRUARY 10, 1999 56 Ordinance No. G6-99 AN ORDINANCE AMENDING CHAPTER 20.15 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 20.15.060 of the Elgin Municipal Code, 1976, as amended, entitled "Program -General" be and is hereby amended by amending Subsection A4 to read as follows: "4. In the event the work under the grant program has not been properly completed within the eighteen (18) month time period as provided by the grant program agreement or other code violations on the property remain which were identified in. the first evaluation and which were not included within a previously executed long term rehabilitation agreement pursuant to Elgin Municipal Code Section 2.65.030, as amended, the grant funds shall be deemed forfeited. Notwithstanding the foregoing, in the event the work under the grant program has not been properly completed within the eighteen (18) month time period as provided by the grant program agreement the Director of the Department of Code Administration and Neighborhood Affairs, upon written application by the owner, may grant an extension of time not to exceed an additional ninety (90) days when the owner can establish that the completion. of the work under the grant program has been delayed or stopped due to accident, strikes, shortages of materials, extreme weather, acts of God or other causes not within the owner's reasonable control. A further reinspection shall be conducted at the end of any such extension time frame and if the work under the grant program has not been properly completed at the time of such further reinspection the grant funds shall be deemed forfeited." 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, provided further, this ordinance shall be deemed to apply retroactively to pending historic/architectural rehabilitation grant program agreements. s/ Kevin Kelly Kevin Kelly, Mayor 57 FEBRUARY 10, 1999 VOLUME LXIV Presented: February 10, 1999 Passed: February 10, 1999� Omnibus Vote: Yeas 6 Nays 0 Recorded: February 11, 1999 Published: February 12, 1999 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G7-99 PASSED AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT Councilman Gavin made a motion, seconded by Councilwoman Yearman, to pass the followingordinance. Yeas: Councilmembers Gavin, Gilliam, Schock,.Wa.lters, Yearman and Mayor Kelly. Nays: None.. Ordinance No. G7-99 AN ORDINANCE AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.5.2 entitled "Police Department" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 2.52.010A to read as follows: A. There is established an executive department of the city to be known. as the police department. The police department shall consist of one hundred sixty (160) sworn members, of which one member shall be chief, no more than three (3) members shall hold the rank of deputy chief, no more than six (6) members shall hold the rank of lieutenant, no more than seventeen (17) members shall hold the rank of sergeant and the balance of said members shall be of police officer rank. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be effective from and after its passage and approval in the manner provided by law. _sl Kevin Kelly Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 10, 1999 58 Presented: February 10, 1999 € Passed: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: February 11, 1999 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-30 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR POLICE SERVICES WITH THE HOUSING AUTHORITY OF ELGIN Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-30 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR POLICE SERVICES WITH THE HOUSING AUTHORITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement for Police Services on behalf of the City of Elgin with the Housing Authority of Elgin, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 59 FEBRUARY 10, 1999 VOLUME LXIV RESOLUTION 99-31 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. (REVITALIZATION AND REDEVELOPMENT) Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-31 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. (Revitalization and Redevelopment) 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 purchase of service agreement on behalf of the. City of Elgin with Neighborhood Housing Services of Elgin, Inc.,for the revitalization and redevelopment of older neighborhoods under stress, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kell Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-32 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. MULTIPLE FAMILY CONVERSION PROGRAM Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adoptthe following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. VOLUME LXIV FEBRUARY 10, 1999 60 Resolution No. 99-32 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. (Multiple Family Conversion Program) 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 purchase of service agreement on behalf of the City of Elgin with Neighborhood Housing Services of Elgin, Inc., for the 1998 Multifamily Conversion Program, a copy of which is attached hereto and made a part hereof by reference. Kell. s/ Kevin - Kelly KevinKelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-33 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH LEO LEICHTER FOR 1455 EAST CHICAGO STREET (PETITION 7-98) Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-33 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (1455 East Chicago Street) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and 61 FEBRUARY 10, 1999 VOLUME LXIV WHEREAS, the corporate authorities of desire to annex said territory upon certain and the City of Elgin terms and conditions; €' WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation Iagreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Kevin Kell Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest.: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-34 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH UTILITY DYNAMICS CORPORATION FOR THE TROUT PARK LIGHTING PROJECT Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. VOLUME LXIV FEBRUARY 10, 1999 62 Resolution No. 99-34 RESOLUTION APPROVING CHANGE ORDER NO. 1. IN THE CONTRACT WITH UTILITY DYNAMICS CORPORATION FOR THE TROUT PARK LIGHTING PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Utility Dynamics. Corporation for the Elgin Oaks/State Street Conduit Replacement Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract to include the Trout Park lighting project 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 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 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/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-35 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ELGIN CHORAL UNION FOR EDUCATIONAL PROGRAMS Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. 63 FEBRUARY 10, 1999 VOLUME LXIV Resolution No. 99-35 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ELGIN CHORAL UNION FOR EDUCATIONAL PROGRAMS AND PERFORMANCES 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 Choral Union, for a $3,750 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program for educational programs and performances for U-46, a copy of which is attached hereto and made a part hereof by reference. _sl Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-36 ADOPTED AUTHORIZING EXECUTION OF A GRANT WITH THE SALVATION ARMY {CULTURAL ARTS Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schack, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99--36 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE SALVATION ARMY 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 Salvation Army, for a $2,395 grant pursuant to the Cultural Arts Commission Arts. and Culture Grants Program for the neighborhood handchime choir, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 10, 1999 64 Presented: February 10, 1999. Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-37 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE TALISMAN THEATRE CULTURAL ARTS COMMISSION GRANT) Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman. and Mayor Kelly. Nays: None. Resolution No. 99-37 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE TALISMAN THEATRE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, F" 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 Talisman Theatre, for a $5,000 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program for the stage readings "Early Stages a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor - Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 65 FEBRUARY 10, 1999 VOLUME LXIV RESOLUTION 99-38 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A LETTER OF PERMISSION FROM COMMONWEALTH EDISON COMPANY FOR THE SHALES PARKWAY IMPROVEMENT Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters,. Yearman and Mayor Kelly. Nays: None. Resolution No. 99-38 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A LETTER OF PERMISSION FROM COMMONWEALTH EDISON COMPANY FOR THE SHALES PARKWAY IMPROVEMENT 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 Letter of. Permission on behalf of the City of Elgin from Commonwealth Edison Company accepting a temporary easement agreement. for the Shales Parkway Construction Project, Section 3, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-39 ADOPTED AUTHORIZING EXECUTION OF A F IMPROVEMENT PROGRAM AGREEMENT (6 N. STATE STREET') Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adapt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-39 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (6 N. State Street) 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 FEBRUARY 10, 1999 66 a facade improvement program agreement on behalf of the City of Elgin with Ben Henrikson for the property commonly known as 6 North State Street, a copy of which is attached hereto and made a part hereof by reference. Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99--40 ADOPTED APPLICATION FOR A CONSERi TYLER CREEK IN WING PARK. s/ Kevin Kell Kevin Kelly, Mayor AUTHORIZING ATION 2000 ON OF A GRANT ECOSYSTEM CT GRANT FOR Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin., Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-40 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION FOR A CONSERVATION 2000 ECOSYSTEM PROJECT GRANT FOR TYLER CREEK IN WING PARK 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 application for a Conservation 2000 Ecosystem Project Grant for Tyler Creek stream stabilization in Wing Park, a copy of which is attached hereto and made a part hereof by reference.. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 67 FEBRUARY 10, 1999 VOLUME LXIV RESOLUTION 99-41 ADOPTED AUTHORIZING THE EXECUTION OF A RELEASE AND SATISFACTION OF JUDGMENT FOR CASE NO. 93 OV 4335, ENTITLED CITY OF ELGIN V. TODD BERNSTEIN (478 LAUREL STREET) Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-41 RESOLUTION AUTHORIZING THE EXECUTION OF A RELEASE AND SATISFACTION OF JUDGMENT FOR CASE NO. 93 OV 4335, ENTITLED CITY OF ELGIN V. TODD BERNSTEIN (478 Laurel Street) WHEREAS, Todd Bernstein is the owner of the property commonly referred to as 478 Laurel Street, Elgin; and WHEREAS, violations of the Property Maintenance Code are currently existing on the property; and WHEREAS, the City has obtained judgments against Todd Bernstein in one housing court case because he failed to maintain the property in compliance with the Property Maintenance Code of the City of Elgin; and WHEREAS, economic rehabilitation of the property is not feasible unless the city's judgment liens on the property are reduced; and WHEREAS, Todd Bernstein has secured a purchaser for the property who has agreed to enter into a rehabilitation agreement with the city to ensure the Property Maintenance Code violations are corrected in a timely manner; and WHEREAS, the public interest will best be served if the Property Maintenance Code violations are corrected as quickly as Possible to eliminate the property's blight and its detrimental effect on surrounding properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Corporation Counsel William A. Cogley be and is hereby authorized and directed to execute a Release and Satisfaction of Judgment on behalf of the City of Elgin for Case No. 93 OV 4335 (City of Elgin.v. Todd Bernstein) on the condition that (1) Todd Bernstein tenders payment to the City of Elgin in the amount of five thousand dollars ($5000.00), and (2) the property's purchaser, Jorge Z. Ramirez, executes a real property rehabilitation agreement with the City. sl Kevin Kelly Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 10, 1999 68 Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-42 ADOPTED AUTHORIZING EXECUTION OF A CODE VIOLATION ESCROW AGREEMENT WITH JORGE Z. RAMIREZ FOR THE PROPERTY LOCATED AT 478 LAUREL STREET Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, S.chock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-42 RESOLUTION AUTHORIZING EXECUTION OF A CODE VIOLATION ESCROW AGREEMENT WITH JORGE Z. RAMIREZ FOR THE PROPERTY LOCATED AT 478 LAUREL STREET 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 Code Violation Escrow Agreement on behalf of the City of Elgin with Jorge Z. Ramirez for the property located at 478 Laurel Street, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999. Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Cler RESOLUTION 99-43 ADOPTED AUTHORIZING AUMLLMEOT RANT)ALT. R OF A LEASE Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. 69 FEBRUARY 10, 1999 VOLUME LXIV Resolution No. 99-43 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH COLONIAL ENTERPRISES, INC. (Northwest Corner of Randall Road and Winhaven Drive) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute a written lease agreement with Colonial Enterprises, Inc. for the premises commonly known as the northwest corner of Randall Road and Winhaven Drive, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s./ Dolonna Mecum Dolonna Mecum, City Cler RE90LUTION 99--44 ADOPTED APPROVING A FINAL PLAT OF SUBDIVISION FOR A DEVELOPMENT TO BE KNOWN AS PARK BLUFF TOWNHOMES; PROPERTY LOCATED AT 55 AVENUE (PETITION 51- Councilman Gavin made a motion, seconded by Councilwoman Yearman, to adopt the following resolution. Yeas: Courc.ilmembers Gavin, Gilliam, Schock, Walters, Yearman and.Mayor Kelly. Nays: None. Resolution No. 99-44 RESOLUTION APPROVING FINAL PLAT FOR PARK BLUFF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Haeger & Associates, Inc. dated April 16, 1998 for Park Bluff. s/ Kevin Kelly Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 10, 1999 70 Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Cler REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilman Gilliam made a motion, seconded by Councilman Schock, to place the following reports and minutes on file. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Bluff City Cemetery 1998 Fourth Quarter Report Board of Health Minutes for October 19, 1998 Heritage Commission Minutes: Design Review Subcommittee - December 8, 1998 Regular Meeting - January 6, 1999 Elgin Emergency Telephone Systems Board Minutes for November 19, 1998 Planning and Development Commission Minutes for January 4, 1999 Zoning and Subdivision Hearing Board Minutes for December 16, 1998 Committee of the Whole Minutes for January 13, 1999 City Council Minutes for January 13, 1999 ANNOUNCEMENTS Mayor Kelly made announcements regarding forthcoming meetings including a Special Committee of the Whole Meeting for Community Development Block Grant Work Session, Tuesday, February 16, 1999, at 6:30 p.m. in the City Council Chambers ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Gavin, to adjourn the meeting. Yeas: Councilmembers Gavin, Gilliam, Schack, Walters, Yearman and Mayor Kelly. Nays: None. _ _February 24, 1999 Dolonna Mecum, MtyClerk Date Approved Y. VOLUME LXIV FEBRUARY 24, 1999. COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City Illinois, was held on February 24, 1999, in the The meeting was called to order by Mayor Kelly Invocation was given by Shannon Phend, and the Allegiance was led by Art Wimmell. ROLL CALL 71 of Elgin, Council Chambers. at 7:3.5 p.m: The Pledge of Roll call was answered by Councilmembers Gavin, Gilliam, Schock, Walters, Yearman, and Mayor Kelly. Absent: None. MINUTES OF THE FEBRUARY 10, 1999, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve the February 10, 1999, Council Meeting Minutes as distributed. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. RECOGNIZE PERSONS PRESENT Sheri Buttstadt, 687 Linden, complimented City staff regarding the professional manner in which the February 11, 1999, shooting incident on the east side of Elgin was handled. Rick Smeaton, 719 Batavia Avenue, Geneva, of the Kane County Development Department, invited the elected officials and staff to attend a workshop on March 24 regarding conservation design for subdivisions. STATE OF THE CITY ADDRESS BY MAYOR KELLY Mayor Kelly gave his annual State of the City address and stated that Elgin has made great progress improving its image. there has been a significant increase in building and economic development, the quality of life has improved, and there has been a decrease in crime. He.also highlighted major infrastructure improvements and enhancements made to the City's recreational facilities. 72 FEBRUARY 24, 1999 VOLUME LXIV BID AWARDED FOR REPLACEMENT OF LIME SLAKER GRIT IDE AT Councilman Walters made a motion, seconded by Councilwoman Yearman, to purchase two grit conveyors from Peterson & Matz at a delivered cost of $19,504. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID AWARDED FOR TANK INDUSTRY RESERVOIR AT RIVERSIDE WATER FOR REPAIRS TO 1 MG Councilman Gavin made a motion, seconded by Councilman Gilliam, to award this contract to Tank Industry Consultants in an amount not to exceed $10,050, Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BIB 99-011 AWARDED FOR.PICK=UP TRUCKS FOR VARIOUS DEPARTMENTS Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this contract for the purchase of ten 1999 Chevrolet pick-up trucks to the low bidder, Hoskins Chevrolet, for a total net price of $233,825. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID 99-013 AWARDED FOR HEMMENS PAVING RETROFIT Councilman Waiters made a motion, seconded.by Councilman Gavin, to award the contract for the replacement of stairs and pavement to the low bidder, Martam Construction, for a total contract amount of $136,2124 Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. BID AWARDED.FOR LORDS PARK POOL REPAIRS Councilman Gavin made a motion, seconded by Councilman Gilliam, to award this contract to Poolcare Aquatech, Ltd. for a total of $43,460. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. CONTRACT AWARDED FOR ILLINOIS ENVIRONMENTAL PROTECTION AGENCY COMMUNITY WATER SUPPLY TESTING PROGRAM Councilman Walters made a motion, seconded by Councilwoman Yearman, to authorize continued participation in the Community Water Supply Testing Program for the period July 1, 1998, through June 320, 2001, at a cost of $14,265 annually. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. VOLUME LXIV FEBRUARY 24, 1999 73, PUBLIC HEARING REGARDING A PROPOSED AMENDMENT TO AN ANNEXATION AGREEMENT ASSOCIATED WITH PETITION 3-99 REQUESTING APPROVAL OF A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT AN AMENDMENT TO PAB PLANNED AREA BUSINESS..DISTRICT, AND A PRELIMINARY PLAT OF SUBDIVISION; PROPERTY LOCATED AT 801 SOUTH RANDALL ROAD; BY MEIJER, INC., AS APPLICANT, AND AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO. TRUST NO. 109526704, AS OWNER Mayor Kelly declared the public hearing open. Planning Director Dahlstrom described the proposed amendment to the annexation agreement, which he stated is relatively minor. The one unresolved issue relates to an access point to the proposed development from College Green Drive (future Spartan Drive). City staff recommends that the westerly point of access be restricted to right turn -in only movements for eastbound traffic on future Spartan Drive. Jeffrey Bond, Meijer Senior Real Estate Representative., stated that they are proposing that until Spartan Drive is extended through to McLean Boulevard that they be allowed to have a right -in and left -in access. This would give them time to have traffic engineering done to see if there is a better design for the long term. Martin Korey, attorney for the seller, addressed concerns raised by the Sierra Ridge Homeowners regarding wetlands. No one else chose to speak, and Mayor Kelly declared the public hearing closed. PETITION 3-99 APPROVED REQUESTING APPROVAL OF A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT, AN AMENDMENT TO A FA-5 PLANNED AREA BUSINESS DISTRICTf AND A PRELIMINARY PLAT OF SUBDIVISION; PROPERTY LOCATED AT 801 SOUTH RANDALL ROAD; BY MEIJER, INC., AS APPLICANT, AND AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHI:CAGO, TRUST NO. 109526-04, AS OWNER Councilman Walters made a motion, seconded by Councilman Gavin, to approve petition 3-99 subject to conditions. Discussion was held regarding the potential problems associated with the developer's proposal regarding the westerly access point. Councilman Gilliam made a motion, seconded by Councilman Gavin, to amend the motion to approve the proposed plan and to have staff work with the developer to improve the westerly intersection. The motion and second were withdrawn. After additional discussion, City Manager Parker advised the Mayor and Council that the staff will meet with Meijer and take a look at the intersection issue and present a resolution for the Council's consideration. 74 FEBRUARY 24, 1999 VOLUME LXIV The vote was taken on the original motion and was as follows: Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. PETITION 9-99 APPROVED REQUESTING A CONDITIONAL USE FOR A roj-a ERCIAL PLANNED DEVELOPMENT IN THE AB AREA SUSZNESS DISTRICT PROPERTY LOCATED AT 1025 NORTH RANDALL ROAD; BY RUBLOFF iFVELOPMENT GROUP, IN.C. AND VALLEY CREED OF ELGIN, INC., AS Councilman Walters made a motion, seconded by Councilwoman Yearman, to approve Petition 9-99 subject.to conditions. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. mays: None. ON 99-49 ADOPTED AUTHORIZING EXECUTION OF A PLAT nu Fail PUBLIC ROAD RIGHT-OF=WAY BIG 'Y'INiBER ROAD Councilman Gavin made a motion, seconded by Councilman Gilliam, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor. Kelly. Nays: None. Resolution No. 99-49 RESOLUTION AUTHORIZING EXECUTION OF A PLAT OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY (Big Timber Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, be and is hereby authorized and directed to execute a plat of dedication prepared by Douglas R. McClintic, an Illinois Professional Land Surveyor, and dated February 9, 1.999, for public road right-of-way, to the Kane County Division of Transportation for the property located along. Sig Timber Road, in the City. of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City C.le:rk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ Kevin Kelly_ Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Vote: Yeas 6 Nays 0 Attest:. s/ Dolonna Mecum Dolonna Mecum, City.Clerk VOLUME LXIV FEBRUARY 24, 1999 75 RESOLUTION 99-50 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE ILLINOIS ROUTE 19 IMPROVEMENT (EAST CHICAGO STREET, Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the following resolution.. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-50 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE ILLINOIS ROUTE 19 IMPROVEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, 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 the Illinois Department of Transportation for the Illinois Route 19 improvement, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-51 ADOPTED APPROPRIATING FUNDS FOR THE ILLINOIS ROUTE 19 IMPROVEMENT (EAST CHICAGO_STREET Councilman Gilliam made a motion, seconded by Councilman Gavin, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-51 RESOLUTION APPROPRIATING FUNDS FOR THE ILLINOIS ROUTE 19 IMPROVEMENT WHEREAS, the City of Elgin has entered into an Agreement with the State of Illinois for the improvement of Illinois Route 19, FAU Route 1321, known as State Section: 1996-002; and 76 FEBRUARY 24, 19.99 VOLUME LXIV WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the city to appropriate sufficient funds to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED that there is hereby appropriated the sum of $881,225, or so much thereof as may be necessary, from any money now or hereafter allotted to the city to pay its share of the cost of this improvement as provided in the Agreement. BE IT FURTHER RESOLVED that upon award of the contract for this improvement, the city will pay to the Department of Transportation of the State of Illinois, in a lump sum from any funds allotted to the city, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to said department the remainder of its obligation (including any nonparticipating costs for FA projects) in a lump sum, upon completion of the project based upon final costs. BE IT FURTHER RESOLVED that the City of Elgin agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. sl Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Vote: -Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE GO-99 PASSED RESTRICTING PARKING ALONG EAST CHICAGO STREET WITHIN THE CITY OF ELGIN Councilman Schock made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. VOLUME LXIV FEBRUARY 24, 1999 77 Ordinance No. GS-99 AN ORDINANCE RESTRICTING PARKING ALONG EAST CHI,CAGO STREET WITHIN THE CITY OF ELGIN WHEREAS, the State of Illinois acting by and through its Department of Transportation is desirous of improving East Chicago Street between Liberty Street and Rohrson Road in the City of Elgin; and WHEREAS, a portion of this project runs through the City of Elgin; and WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the motoring public, the City of Elgin agrees that the parking along East Chicago Street shall be prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, I.LLINOIS: Section 1. That parking shall not be permitted along East Chicago Street from Liberty Street to Rohrson Road within the city limits of the City of Elgin. Section 2. That the.City Council of the City of Elgin will prohibit future parking at such locations on or immediately adjacent to East Chicago Street as may be determined and directed by the State of Illinois to be necessary to ensure the free flow of traffic and safety to the motoring public. Section 3. That the City Clerk is hereby authorized and directed to attach a copy of this ordinance to the agreement dated February 24, 1999 by and between the State of Illinois and the Ci.ty.of Elgin. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval according to law. sl Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999 Passed: February 24, 1999 Vote: Yeas 6 Nays 0 Recorded: February 25, 1999 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 78 FEBRUARY 24, 1999 VOLUME LXIV ORDINANCE G9-99 PASSED PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE EAST CHICAGO STREET IMPROVEMENT ,j Councilman Schock made a motion, seconded by Councilman Walters, to pass the following ordinance. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Ordinance No. G9-99 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE EAST CHICAGO STREET IMPROVEMENT WHEREAS, the State of .Illinois acting by and through its Department of Transportation is desirous of improving East Chicago Street between Liberty Street and Rohrson Road in the City of Elgin:; and WHEREAS, said project includes the installation of storm sewers and drainage facilities; and WHEREAS, a portion of the project runs through the City of Elgin including the installation of storm drains and drainage facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. No person, firm, corporation or other entity shall discharge any sanitary waste or industrial waste water into any storm sewer or drainage facility constructed as part of the East Chicago Street improvement, said limits of improvement begin between Liberty Street and Rohrson Road, and a portion of which passes through the City of Elgin. Section 2. That the City Clerk is hereby authorized and directed to attach a copy of this ordinance to the agreement dated February 24, 1999 by and between the State of Illinois and the City of Elgin, relative to the East Chicago Street improvement. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval according to law. sl Kevin Kell Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 24, 1999 79 Presented: February 24, 1999 Passed: February 24, 1999 rm Vote: Yeas 5 Nays 0 Recorded: February 25, 1999 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G10--99 PASSED PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG EAST CHICAGO STREET Councilman Gavin made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas: Councilmembers Gavin, Gilliam, Schock Walters, Yearman and Mayor Kelly. Nays: None. Ordinance No. G10-99 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG EAST CHICAGO STREET WHEREAS, the State of Illinois acting by and through its Department of Transportation is desirous of improving East Chicago Street between Liberty Street and Rohrson Road in the City of Elgin; and .WHEREAS, said project is being constructed in order to facilitate the free flow of traffic and ensure safety to the motoring public; and WHEREAS, a portion of said project passes through the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. No person, firm, corporation or other entity shall install, place, maintain or construct any structure that encroaches upon the State of Illinois right of way on East Chicago Street within the limits of the City of Elgin. Section 2. That the City Clerk is hereby authorized and directed to attach a copy of this ordinance to the agreement dated February 24., 1999 by and. between the State of Illinois and the City of Elgin, relative to the improvement of East Chicago Street. 80 FEBRUARY 24, 1999 VOLUME LXIV Section 3. That this ordinance shall be in full force and effect from and after its passage and approval according to law. sl Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999 Passed: February 24, 1999 Vote: Yeas 6 Nays 0 Recorded: February 25, 1999 Published: Attest: s/ Dolonna Mecum Dolon.na Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Councilman Walters made a motion, seconded by Councilman Gilliam, to authorize the following payments. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resource Utility $ 7,463.55 Payment for various Supply repair materials to be Chicago, IL used by the water distribution division. Tank Industry $ 6,573.95 Payment for the Consultants evaluation and report on Indianapolis, IN the damaged IM gallon water ground storage tank. HTE, Inc. $ 7,096.00 Annual maintenance Atlanta, GA agreement and technical support for the parks facility reservation, league scheduling and activity registrations software programs and Y2X compliancy modifications to the HTE software applications, etc. VOLUME LXIV FEBRUARY 24, 1.999 81 Badger Meter Mfg. $ 6,.856.26 Purchase of residential Company meters and miscellaneous Milwaukee, WI materials to be used in conjunction with the AMR system program rates. Kale Uniforms $ 6,498.65 Purchase of initial Elgin, IL issue and replacement uniforms for police personnel. A -Lamp Concrete $ 4,654.25 Final payment and DesPlaines, IL acceptance of the Geneva Street retaining wall. Tri-Star Supply $ 5,196.00 Purchase of light poles Addison, IL and installation hardware to restock the inventory of light poles for routine replacement of knock -downs throughout the year. CONSENT AGENDA Councilman Walters made a motion, seconded by Councilman Schock, to pass Ordinance Nos. S1-99, Gli-99 and adopt Resolution Nos. 99-52 through 99-62 by omnibus vote. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. ORDINANCE Gll-99 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE AB AREA BUSINESS DISTRICT; PROPERTY LOCATED AT 1700 BIG TIMBER ROAD,• BY TRIUMPH DEVELOPMENT CORPORATION, AS APPLICANT AND BY HARRY J. SEIGLE,.MARK S. SEIGLE, AND SEIGLE'S HOME AND BUSINESS CENTERS, INC., AS OWNER PETITION 77-98 Councilman Walters made a motion, seconded by Councilman Schock, to pass the following ordinance. Yeas: Councilmembers Gavin., Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Ordinance No. Gll-99 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT (1700 Big Timber Road) WHEREAS, written application has been made for an AB Area Business District conditional use for a planned development at ��.:_.. 1700 Big Timber Road; and $2 FEBRUARY 24, 1999 VOLUME LXIV WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact; and WHEREAS, the City Council of the City of Elgin has considered the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a conditional use for a planned development at 1700 Big Timber Rd. and legally described as follows: TRACT 1: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTH MCLEAN BOULEVARD AND THE NORTH LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE WESTERLY ALONG SAID NORTH LINE ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 54 MINUTES 51 MINUTES WEST, 943.28 FEET TO THE POINT OF BE.GIN.NING; THENCE CONTINUING SOUTH 89 DEGREES 54 MINUTES 51 SECONDS WEST, 99.48 FEET; THENCE NORTH 0 DEGREES 59 MINUTES 57 SECONDS WEST, 511.09 FEET, PARALLEL WITH THE CENTERLINE OF NORTH MCLEAN BOULEVARD; THENCE NORTH 89 DEGREES 54 MINUTES 51 SECONDS EAST, 3.00 FEET, PARALLEL WITH THE NORTH RIGHT--OF-WAY LINE OF SAID RAILROAD; THENCE SOUTH 0 DEGREES 59 MINUTES 57 SECONDS EAST, 96.42 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 51 SECONDS EAST, 361.55 FEET; THENCE SOUTH 1 DEGREE 30 MINUTES 28 SECONDS EAST, 20.06 FEET; THENCE SOUTH 88 DEGREES 05 MINUTES 21. SECONDS EAST, 37.51 FEET TO A POINT ON A 468.34-FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY 518.56 FEET ALONG SAID CURVE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 117,647 SQUARE FEET, MORE OR LESS, OF WHICH 12,433 SQUARE FEET, MORE OR LESS, HAVE BEEN PREVIOUSLY DEDICATED FOR HIGHWAY PURPOSES. TRACT 2: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: k,. VOLUME LXIV FEBRUARY 24, 1999 83 COMMENCING AT THE INTERSECTION OF THE fir~ INTERSECTION OF THE CENTERLINE OF NORTH MCLEAN BOULEVARD AND THE NORTH LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE WESTERLY ALONG SAID NORTH LINE, ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 54 MINUTES 51 SECONDS WEST, 1,042.76 FEET, THENCE NORTH 0 DEGREES 59 MINUTES 57 SECONDS WEST, PARALLEL WITH THE. CENTERLINE OF NORTH MCLEAN BOULEVARD, 511.09 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 51 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID RAILROAD, 3.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 54 MINUTES 51 SECONDS EAST, 360.69 FEET; THENCE SOUTH 1 DEGREE 30 MINUTES 28 SECONDS EAST 96.44 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 51 SECONDS WEST, 361.55 FEET; THENCE NORTH 0 DEGREES 59 MINUTES 57 SECONDS WEST, 96.42 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 34,816 SQUARE FEET, MORE OR LESS. be and is hereby granted subject to the following conditions: A. The use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use. In addition to the land uses allowed in the AB Area Business District., the following enumerated "land uses" [SR] shall be allowed as "permitted uses" [SR]: Manufacturing Division. 1. Electronic and other electrical equipment and components (36). 2. Fabricated metal products(34). Transportation, Communication, and Utilities Division. 3. Freight forwarding in general (4731). 4. Trucking services (421). B. The use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, and shall be in substantial conformance to the Landscaping and Site Plans, submitted. by Triumph Development Corporation, dated August 17, 1998. C. A minimum ten (10) foot setback along the northerly and easterly property lines. 84 FEBRUARY 24, 1999 VOLUME LXIV D. 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/ Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999 Passed: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: February 25, 1999 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE S1-99 PASSED AMENDING ORDINANCE NO. S13-90, AN ORDINANCE IMPOSING A SURCHARGE ON CERTAIN TELECOMMUNICAT CARRIERS FOR THE PURPOSE OF INSTALLING A 9-1-1 EMERGENCY TELEPHONE SERVICE Councilman Walters made a motion, seconded by Councilman Schack, to pass the following ordinance. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Ordinance No. S1-99 AN ORDINANCE AMENDING ORDINANCE NO. S13-90., AN ORDINANCE IMPOSING A SURCHARGE ON CERTAIN TELECOMMUNICATION CARRIERS FOR THE PURPOSE OF INSTALLING A 9--1-1 EMERGENCY TELEPHONE SERVICE WHEREAS, 50 ILCS 750/0.01 et seq., known as the "Emergency Telephone System Act" (hereinafter the "Act") authorizes municipalities engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the municipality and terminating within the State of Illinois to impose a surcharge within the corporate limits of the, municipality in order to pay for the installation, upgrading and maintenance of a 9-1-1 Emergency Telephone System; and i VOLUME LXIV FEBRUARY 24, 1999 85 WHEREAS, the Act further provides that upon the passage of an ordinance imposing such a surcharge by a municipality, the question of whether such surcharge may be imposed shall be submitted to the electors of the municipality; and WHEREAS, Ordinance S14-88 established a surcharge of sixty-five ($.65) per month on all telecommunication carriers engaged in the business of transmitting message by means of electricity within the corporate limits of the City of Elgin and terminating within the State of Illinois at a rate per network connection of sixty-five ($.65) per month; and WHEREAS, on April 4, 1989 said surcharge was approved at the regular municipal election; and WHEREAS, on April 26, 1989 Ordinance S14-88 was amended by Ordinance No. S11-89; and WHEREAS., on August 8, 1990 Ordinance S11-89 was amended by Ordinance S13-90. WHEREAS, it is necessary and desirable to amend Ordinance S13-90. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Section 5 of. Ordinance S13-90 passed on August.8, 1990, is amended to read as follows: "Section 5. Emergency Telephone System Board All monies received by a board pursuant to a surcharge imposed under Section 1 shall be deposited into a separate interest -bearing Emergency Telephone System Fund account. The treasurer of the municipality or county that has established the board or, in the case of a joint board, any municipal or county treasurer designated in the intergovernmental agreement, shall be custodian of the fund. All interest accruing on the fund shall remain in he fund. No expenditures may be made from such fund except upon the direction of the board by resolution passed by a majority of all members of the board. Expenditures may be made only to pay for the costs associated with the following: 1. The design of the Emergency Telephone System. 2. The coding of an initial Master Street Address Guide data base, and update and maintenance thereof. 3. The repayment of any monies advanced for the implementation of the system. 86 FEBRUARY 24, 1999 VOLUME LXIV 4. The charges for Automatic Number Identification and Automatic Location Identification equipment, mobile data transmitters equipped with automatic vehicle locators, and maintenance, replacement and update thereof. 5. The non -recurring charges related to installation of the Emergency Telephone System and the ongoing network charges. 6. The acquisition and installation, or the reimbursement of costs therefore to other governmental bodies that have incurred those costs, of road or street signs that are essential to the implementation of the emergency telephone system and that are not duplicative of signs that are the responsibility of the jurisdiction charged with maintaining road and street signs. 7. Other products and services necessary for the implementation, upgrade, and maintenance of the system and any other purpose related to the operation of the system, including costs attributable directly to the construction, leasing, or maintenance of any buildings or facilities or costs of personnel attributable directly to the operation of the system. Costs attributable directly to the operation of the emergency telephone system do not include the costs of public safety agency personnel who are and equipment that is dispatched in response to an emergency call." Section 2.. This ordinance upon passage and publication in provided further, this ordinance retroactively to the 1998 fiscal Presented: February 24, 1999 Passed: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: February 25, 1999 Published: February 25, 1999 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk shall be in full force and effect the manner provided by law, shall be deemed to apply .year. s/ Kevin Kell Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 24, 1999 87 RESOLUTION 99-52 ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT AMENDMENT NO. I WITH CRAWFORD, MURPHY AND TILLY, INC. FOR THE NORTH MCLEAN BOULEVARD RECONSTRUCTION PROJECT Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters,. Yearman and Mayor Kelly. Nays: None. Resolution No. 99-52 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 WITH CRAWFORD, MURPHY AND TILLY, INC. FOR THE NORTH MCLEAN BOULEVARD RECONSTRUCTION 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 and directed to execute an Engineering Services Agreement Amendment_No. 1 on behalf of the City of Elgin with Crawford, Murphy and Tilly, Inc. for the North McLean Boulevard reconstruction project, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Omnibus Vote. Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-53 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AREA CONVENTION AND VISITORS BUREAU Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Garin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-53 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AREA CONVENTION AND VISITORS BUREAU BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute 88 FEBRUARY 24, 1999 VOLUME LXIV an agreement on behalf of the City of Elgin with the Elgin Area Convention and Visitors Bureau for marketing and promotional support of the tourism and convention industries in and around Irr. Elgin, a copy of which is attached hereto and made a part hereof by reference. Presented: February 24, 1999 Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, Cityy Clerk RESOLUTION 99-54 ADOPTED AUTHORIZ WITH THE DOWNTOWN NE sl Kevin Kell Kevin Kelly, Mayor ING EXECUTION OF A SERVICE IATION Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-54 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor,.and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin. with the Downtown Neighborhood Association for the revitalization of the center city, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 24, 1999 89 Presented: February 24, 1999 Adopted: February 2.4, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-55 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL_(KANE COUNTY AUTO THEFT Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99--55 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, l ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute an agreement with the Illinois Motor Vehicle Theft Prevention Council, on behalf of the City of Elgin for the Kane County Auto Theft Task Force, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999. Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99--56 ADOPTED AUTHORIZING EXECUTION OF ENGINEERING SERVICES AGREEMENT AMENDMENT NO. .I WITH STANLEY CONSULTANTS WILLARD Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. full FEBRUARY 24, 1999 VOLUME LXIV Resolution No. 99-56 RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 WITH STANLEY CONSULTANTS (Willard Avenue and Capital Street 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 and directed to execute Engineering Services Agreement Amendment No. 1 on behalf of the. City of Elgin with Stanley Consultants for the Willard Avenue and Capital Street project, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kell. Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-57 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. Councilman Walters made a motion, to adopt the following resolution. Gilliam, Schock, Walters, Yearman seconded by Councilman Schock, Yeas: Councilmembers Gavin, and Mayor Kelly. Nays: None. Resolution No. 99--57 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Senior Services Associates, Inc. for programs assisting senior citizens, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly _ Kevin Kelly, Mayor VOLUME LXIV FEBRUARY 24, 1999 91 Presented: February 24, 1999 Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-58 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH METRO ENVIRONMENTAL CONTRACTORS, INC. FOR ABOVE GROUND STORAGE TANKS Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters,. Yearman and Mayor Kelly. Nays: None. Resolution No. 99-58 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH METRO ENVIRONMENTAL CONTRACTORS, INC. FOR ABOVE GROUND STORAGE TANKS WHEREAS, the City of Elgin has heretofore entered into a contract with Metro Environmental Contractors, Inc. for the installation of above ground storage tank systems; 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. sl Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 92 FEBRUARY 24, 1999 VOLUME LXIV RESOLUTION 99-59 ADOPTED AUTHORIZING EXECUTION OF A QUIT CLAIM DEED (COMMON AREAS OF FOX BLUFF CORPORATE CENTER Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-59 RESOLUTION AUTHORIZING EXECUTION OF A QUIT CLAIM DEED (Common Areas of Fox Bluff Corporate Center) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Quit Claim Deed on behalf of the City of Elgin to the Fox Bluff Corporate Center Property Owners Association, for the property commonly known as the common areas of Fox Bluff Corporate Center, Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kell Kevin Kelly, Mayor Presented.: February 24, 1999. Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 99-60 ADOPTED AUTHORIZING EXECUTION OF A GRANT APPLICATION TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ENHANCED ENFORCEMENT OF THE DUI LAWS Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-60 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ENHANCED ENFORCEMENT OF THE DUI LAWS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, be and is hereby authorized VOLUME LXIV FEBRUARY 24, 1999 93 and directed to execute a grant application to the Illinois Department of Transportation for enhanced enforcement of the DUI laws, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum olonna Mecum, City Clerk RESOLUTION 99--61 ADOPTED AUTHORIZING EXECUTION OF A GRANT APPLICATION TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR POLICE TRAFFIC ENFORCEMENT SERVICES Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-61 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR POLICE TRAFFIC ENFORCEMENT.SERViCES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, be and is hereby authorized and directed to execute a grant application to the Illinois Department of Transportation for police traffic enforcement services, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented.: February 24., 1999 Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0. Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 94 FEBRUARY 24, 1999 VOLUME LX.IV RESOLUTION 99-62 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (PERRY STREET RIGHT OF WAY) Councilman Walters made a motion, seconded by Councilman Schock, to adopt the following resolution. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Resolution No. 99-62 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (Perry Street Right of Way) 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 Real Estate Sales Contract on behalf of the City of Elgin with the Catholic Bishop of Rockford, for the sale of property commonly known as .36 acres. of Perry Street right of way, Elgin, for $9,400, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kell Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES. RECEIVED AND ORDERED PLACED ON FILE Councilman Gilliam made a motion, seconded by Councilman Gavin, to place the following reports and minutes on file. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. Elgin Area.C'onvention and Visitors Bureau Minutes for January 8, 1999 Elgin Cultural Arts Commission Minutes for November 9 and November 16, 1998, and January 11, 1999 Parks and Recreation Board Minutes for November 17, 1998 Planning and Development Commission Minutes for January 19, 1999 Special Committee of the Whole Community Development Block Grant Public Hearing Minutes for January 6, 1999 Committee of the Whole Minutes for January 27, 1999 VOLUME LXIV FEBRUARY 24, 1999 95 City Council Minutes for January 27, 1999 Disbursement Report for January ANNOUNCEMENTS Mayor Kelly made announcements regarding forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Schock, to adjourn the meeting. Yeas: Councilmembers Gavin, Gilliam, Schock, Walters, Yearman and Mayor Kelly. Nays: None. The meeting adjourned at 8:50 p.m. March 10, 1999 Dolonna Mecum, City Clerk Date Approved