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HomeMy WebLinkAboutG3-94 (2) Ordinance No. G3-94 AN ORDINANCE - AMENDING CHAPTER 9 .24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GARBAGE AND REFUSE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 9 . 24 entitled "Garbage and Refuse" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 9 .24 . 020A to read as follows : A. Garbage and refuse collection service of those materials specified in subsection B of this section shall be provided to single-family residences, duplexes, and apartment buildings containing five or less dwelling units . Such collection service shall not be provided to any schools, churches, mobile homes, cooperatives or _other apartment buildings containing six or more dwelling units, commercial or industrial establishments . Section 2 . That Chapter 9 . 24 entitled "Garbage and Refuse" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 9 .24 . 020B to read as follows : B. The collection service provided shall be limited to normal and customary refuse and garbage produced or occurring at the residence served and shall include waste resulting from the handling, preparation, cooking and consumption of food; combustible trash, including but not limited to paper, cartons, boxes, barrels, wood furniture, bedding; non-combustible trash, including but not limited to, metals, tin cans, furniture containing metal, and metal appliances such as stoves, refrigerators, freezers and washers. The collection service shall not include automobiles or auto parts, concrete, gravel, or dirt. It shall be unlawful for any person, firm or corporation to place or permit another to place prohibited garbage or other refuse on the tree bank or parkway adjoining a public street or alley, or on a private street or alley intended for collection by the city. Section 3. That Chapter 9 .24 entitled "Garbage and Refuse" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 9 .24 .020C to read as follows : C. Garbage containers for city pickup shall be placed on the tree bank or parkway adjoining the public or private street or alley not later than seven a.m. on the collection day and not earlier than five p.m. of the preceding day. Containers shall be returned to their storage area within twelve hours of pickup. It shall be unlawful for any person, firm or corporation to place or permit another to place garbage or refuse on the tree bank or parkway adjoining a public street or alley at any other time. Section 4. That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 5 . That this ordinance shall be in full force and effect from and after ten days after its passage and publication in the manner provided by law. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: February 9, 1994 Passed: February 9, 1994 Omnibus Vote: Yeas 6 Nays 0 Recorded: February 10, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk G c, r Bon. Agenda Item No. January 14, 1994 TO: Mayor and Me.:1)ers of the City Council FROM: Robert 0. Maim, Interim City Manager SUBJECT: City of Elgin Garbage Collection Service Owner-occupied Multi-family Dwelling Units PURPOSE To provide information to consider approval of a policy state- ment and Code amendments relative to the subject matter. r BACKGROUND City Council have directed that "owner-occupied" multi-family dwelling units (Complexes) be incorporated within the City's collection system as of January 1, 1994 . Each Complex is site specific in layout, frequency of collection, method of collection, number of collection stops, etc. Consequently, on December 1, 1993, City Council approved the development of an Agreement with certain Complexes whereby they may retain their current refuse hauler until December 31, 1998 with garbage collection reimbursed by the City. Based upon Coun- cil's approval, a policy statement is attached identifying the salient features of a reimbursement agreement. Also attached are changes to Chapter 9 .24 .020 of the Elgin Municipal Code to accommodate all the desired "single-family" residences (excluding mobile homes since they are considered personal property, not fixed property and cooperatives as they are not "owner-occupied") . Attached is an opinion pre- pared by the Legal Department. Also included is a master list of all the Complexes we have identified to date which will be effected by this change in policy. Cobblers Crossing (436 units) and Century Oaks West Manor Houses ( 150 units) have been added to the City's collec- ek tion routes as of the first of the year. MAYOR AND MEMBERS OF THE CITY COUNCIL January 14, 1994 Page 2 Nine Complexes are presently under construction. We will add those specific units to the City's routes as they receive occupancy permits. The remainder of the Complexes will be covered by the proposed policy statement. FINANCIAL IMPACT The list of units totals 2,626 multi-family pickups. The one-year estimated additional cost to the City, at the re- duced rate of $7 .65/stop/month (for garbage and recycling) , now stands at $241,065. LEGAL IMPACT The amendment does not require owner-occupancy. Enforcement is problematic and such classification (owner-occupied) is of doubtful legality. RECOMMENDATIONS It is recommended the Mayor and Council approve the policy statement and amendments to Chapter 9.24 .020 of the Elgin Municipal Code as proposed. ert alm, Interim City Manager ROM:GWM:mg Attachments 1/14/94 CITY OF ELGIN POLICY Multi-Family Dwelling Units This policy statement has been prepared by authority of Elgin Municipal Code Chapter 9.24.030 Garbage and Refuse, Rules and Regulations. On January 26, 1994,. Elgin City Council amended Chapter 9 .24 Garbage and Refuse of the City Code, to include multi-family dwelling units, within the City of Elgin's refuse and garbage collection system effective January 1, 1994. In order to accomplish a smooth transition incorporating such dwelling units within the City's collection system, Elgin City Council has authorized the retention by each multi-family complex of their existing garbage and refuse scavenger until December 31, 1998, at which time the City will accomplish the collection of garbage and refuse, and all private agreements must be terminated. Each complex may, subject to the approval of the Director of Public Works, terminate their agreement with their private scavenger or, upon the expiration of their agreement with their private scavenger, be included within the City's collection program, prior to December 31, 1998. The City of Elgin will reimburse each multi-family complex on a quarterly basis, effective January 1, 1994, subject to compliance with the following conditions: 1. Each complex will identify (include name, address and phone number) an individual legally empowered to act on behalf of the complex concerning a garbage and refuse collection reimbursement agreement with the City of Elgin. Each complex shall provide up-dated information within 30 days of any change of contact person. 2. Each complex will forward to the Director of Public Works a copy of their existing private garbage and refuse collection agreement. Each agreement, or separate writing, will provide the following minimum information: a. Name and address of the collection firm. b. Services provided. For recycling services a detailed list of items collected must be provided. c. Frequency of collection for each service provided. d. Address of disposal locations for each service provided. e. Size and number (if applicable) of collection containers. -2- f. Costs for each type of service provided. Any changes to the complex's private agreement, or to the information provided under this paragraph, will be transmitted to the Director within 30 days of the change. 3. Each complex will forward copies of notarized paid invoices for all garbage and refuse collection services for the 1993 calendar year. 4. Based upon a review of the complex's existing garbage and refuse agreement, the Director will determine the quarterly reimbursement amount as follows: a. Garbage and refuse collection reimbursement for curbside. pick-up will be based upon once weekly collection frequency and the number of owner occupied units within the complex. The reimbursement amount will be the lower of the complex's existing agreement, or $5.81 per month per unit. b. Recycling reimbursement for curbside pick-up will be based upon once weekly collection frequency and the number of units within the complex. All units within the complex must participate in the recycling program and provide for all classes of recycling items as provided for by the City's recycling program. The reimbursement amount will be the lower of the complex's existing rate for recycling, or $1.84 per month per unit. c. For those complex's utilizing dumpsters, the reimbursement rate will be the lower of the complex's existing agreement, or $4.25 per cubic yard. d. No reimbursement will be provided for garbage and refuse collection from a complex's common areas, for yard wastes, commercial area, or any non-residential units in the complex. 5.. As a condition for reimbursement by the City, the complex will provide the following minimum data on a quarterly basis: a. Garbage and refuse: • (1) No. of collection points (2) No. of single family units (3) Garbage and refuse collected by cubic yard b. Recycling: ( 1) No. of recycling bin pick-ups per month (2) Calculation of recycling participation rate (3) Pounds of recycled materials collected per month itemized: -3- r •(a) newspaper (includes cardboard, magazines, phone books, etc. ) (b) aluminum (c) tin (d) glass (e) plastic (4) Calculation of total pounds per unit on a monthly basis . 6. All applications for reimbursements shall be made on a quarterly basis, and within sixty days of the end of each billing quarter. Each application shall include: a. Notarized paid receipts for garbage and refuse collection and recycling, for the billing quarter, and certified correct by the legal representative of the complex. b. Complete data as required by paragraph 5 above. 7. The City will authorize the following maximum percentage increases effective on the following dates: a. Garbage and Refuse Collection ( 1) January 1, 1995 : 2.97% (2) January 1, 1996 : 2 .75% (3) January 1, 1997 : 3.05% (4) January 1, 1998 : 2.95% b. Curbside Recycling ( 1) January 1, 1995 0.00% (2) January 1, 1996 : 2 .05% (3) January 1, 1997 : 0.00% (4) January 1, 1998 : 2.00% 8. No reimbursement will be made by the City until a Reimbursement Agreement has been executed between the City (signed by the City Manager) and the authorized legal representative of the complex, as contained in a resolution adopted by the Governing Board of the complex. 9. Each complex with private streets or parking areas shall sign a hold harmless agreement with the City and the City's contractor (Waste Management-West) indicating that neither the City or its ' contractor is responsible for damage to existing pavement. The Director of Public Works may amend this policy statement from time-to-time as needed for clarification or to accommodate other issues and concerns which may arise relative to the inclusion of owner-occupied multi-family dwelling units within the City's garbage and refuse collection program. JLK:do DRAFT 1/10/94 RORD/GARBAGE. 1 Ordinance No. AN ORDINANCE AMENDING CHAPTER 9.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GARBAGE AND REFUSE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.24 entitled "Garbage and Refuse" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 9.24.020A to read as follows: A. Garbage and refuse collection service of those materials specified in subsection B of this section shall be provided to single-family residences, duplexes, and apartment buildings containing five or less dwelling units. Such collection service shall not be provided to any schools, churches, mobile homes, cooperatives or other apartment buildings containing six or more dwelling units, commercial or industrial establishments. Section 2. That Chapter 9 .24 entitled "Garbage and Refuse" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 9.24.020B to read as follows: • B. The collection service provided shall be limited to normal and customary refuse and garbage produced or occurring at the residence served and shall include waste resulting from the handling, preparation, cooking and consumption of food; combustible trash, including but not limited to paper, cartons, boxes, barrels, wood furniture, bedding; non-combustible trash, including but not limited to, metals, tin cans, furniture containing metal, and metal appliances such as stoves, refrigerators, freezers and washers. The collection service shall not include automobiles or auto parts, concrete, gravel, or dirt. It shall be unlawful for any person, firm or corporation to place or permit another to place prohibited garbage or other refuse on the tree bank or parkway adjoining a public street or alley, or on a private street or alley intended for collection by the city. r Section 3. That Chapter 9.24. entitled "Garbage and Refuse" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 9.24.020C to read as follows: C. Garbage containers for city pickup shall be placed on the tree bank or parkway adjoining the public or private street or alley not later than seven a.m. on the collection day and not earlier than five p.m. of the preceding day. Containers shall be returned to their storage area within twelve hours of pickup. It shall be unlawful for any person, firm or corporation to place or permit another to place garbage or refuse on the tree bank or parkway adjoining a public street or alley at any other time. Section 4. That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 5. That this ordinance shall be in full force and effect from and after ten days after its passage and publication in the manner provided by law. r George VanDeVoorde, Mayor Presented: Passed: Vote: Yeas Nays Recorded: Published: Attest: Dolonna Mecum, City Clerk r • 7.Eic-FgtgaVq DECi ) 1s43 December 8, 1993 • CITY OF ELGIN MEMORANDUM ENGINEERING DEPT. TO: James L. Kristiansen, Director of Public Works FROM: Erwin W. Jentsch, Corporation Counsel SUBJECT: Refuse Collection In response to your memorandum of December 6, 1993, following is an excerpt from an opinion of the Illinois Appellate Court, Second District, in which the cooperative apartment was discussed: Three types of cooperative apartments are described in 1 American Law of Property, sec. 3.10, at 199-200 (1952) , which contains the following discussion of the most prevalently employed type, which involves corporate ownership of the apartment complex: elk "Shares of stock . . . are sold to persons who will occupy the housing units, the number of shares . . . depending on the value of the particular apartment or unit. 'Proprietary' leases are issued by the corporation to the shareholders. These leases contain provisions common to other leases. . . Rent, which is subject to being increased or decreased, is based upon estimates of amounts necessary to pay operational costs and interest and installments of principal on any capital indebtedness. Other provisions include covenants againstassignment without the consent of the board of directors or of the corporation, that the tenant will make inside repairs but no structural changes, and that the corporation may forfeit the lease for breach of various of the (sic) covenants or violations of the rules of conduct established by the corporation. • It would seem clear that the lease in the usual cooperative apartment organization creates the relation of landlord and tenant between the corporation and the shareholder-occupant. Of course the purpose of the organization is to approach individual home ownership as nearly as is possible in a situation where the only practical solution is rft. common operation and management of many features, and the number of occupant's shares are determined by the value of the apartment he occupies . But in legal theory the corporation is distinct from its shareholders, no one of whom has a right to receive James L. Kristiansen 2 December 8, 1993 r legal title to any specific property of the corporation under the better-drawn plans, and it is necessary that this distinction be observed in order to carry out the purposes of the cooperative. The courts have recognized that the relation is that of landlord and tenant in allowing the corporation the usual remedies of a landlord against a tenant." See Sinnissippi Apartments, Inc. v. Hubbard, 114 Ill.App. 3d 151, 69 Ill.Dec. 889, 448 N.E.2d 607 (1983) . . I agree that in the event that the restriction in service to public streets is removed, mobile homes would be entitled to service. In order to exclude service to mobile homes, the reasons for the distinction from other residential uses should be reviewed. EWJ nr r • • r . , . . 13-Jari-?4 • • • ::.,-',---,,.L-;.'i.--•'•:-.•'-:..................................................:::..:...,.....'................l:.....:.... GIN--,-,NIULTIFAMILY-PICKUP --::::.....:.i-.i.:::.:.'ll:-.: :..::....•.:---- ::.:-'-•::- ......: :„:„i:i...,..:i:i.i..iiiii:.i.::i:Ei.:i•-:ii.,..:,..r...Ei :.:•:i.iii.ii:i:i..::i..i.i.iii:ii.•:::.i. ii.i.ii.ii:-:. ...iii,„ ..... ,.,-------- ••••—-,- -- - ---------------------------:::-••------ .------ . -----.. • •• :-•.•::. ide:sem ce:::::::::::::::::::::::::::::.::::::::::::::.:::::::::::..::.„......:,::::: ..,:::„:::,.,... :.•.: •• .••• . .. : . ..-:... .:•:.•.. lk -' -.- • . - --- : -- .......-..-:.,.:..:::...:.:..::.:.:.::. :. .:.. .......... . e . COMPLJC' LOCATION ANtts Hauler Type ::: ::: . Con,.f.a..ct:. ...... : :: ::::::::: I Century Oaks West N&W of N Lyle Ave 150 • Ms.Chris Evans 1251 Plum Grove Rd. Manor Homes W of Devonshire ct • Wm-vv curb Vanguard 695-0086 Suite 140 Creelcslde Circle Mgmt. 490-3833 Schaumburg,1160173 I Cobblers Crossing N side Summit St- . 436 Properly Specialists Sue Pfluger (4 separate 358-6079 236W.Northwest Hwy. (ind.blIfing) Shady Oaks Dr,etc. INM-W curb Homeowners Assoc.'s) Palatine, IL Hickory Ridge NE Corner Randall Rd 52 . Bob Bergtan 5 Virginia Rd. Waverly Commons &W.Highland Ave WM-W curb NW Prop.Mgrnt. 815-459-9187 Crystal Lake IL 60014 Waverly Commons/ NE&NW Comers - 72 Don Rage 1450 Plymouth Ln. Highfield Place Waverly&Jefferson WM-W curb Rage Mgmt 742-5555 Elgin,IL 60123 * Lincolnwood Terrace 1959 W Highland Ave 19 Homeowner's C.Kellenberger 984 Glenmore Lane &Presidential Ln WM-W curb Assoc. 888-1010 •Elgin,IL 60123 Oak Grove W side Hoxie Ave ext'd 3 N of W Highland Ave WM-W curb * Oaks Club 445 Randall Rd 58 Homeowner's Lori Thuestad 1595 Weld Rd. WM-W curb Assoc. 695-0132 Elgin,IL 60123 Sandy Creek Manor N side W Highland Ave 27 1971 Sandy Creek Dr. Homes Between N Aidite St Homeowner's Wm.Eichhorst P.O.Box 762 . .. &N Lyle Ave . WM-W curb Assoc. 741-5345 Elgin,IL.60123 Williamsburg Terrace 1959 W Highland Ave 13 ' Homeowner's Bill Schram 283 Governors In. Governors Ln. WM-W curb Assoc. 742-4963 Elgin,IL 60123 * Wood Bridge Condo's College Green Rd. 91 Phase I S of RL 20 Michele Nystrom 33973 N.Hunt Club Rd. E of Randall WM-W curb Westfield Homes 697-4098 Gurnee IL.60031 * Century Oaks Square 132 Phil! rk (Stonegate of C.0. Big Timber Wencek Wencek 302 N.Mite St Phases I&II) &N Lyle Ave WM-W curb Builders Inc. 741-6556 Elgin,IL 60123 Pine Meadow NW corner S McLean 68 Don Rage 1450 Plymouth Ln. &Bowes Rd Area curb Rage Mgmt 742-5555 Elgin,IL.60123 * Windmere Cove 284 Gale St N of 48 Don Rage 1450 Plymouth Ln. South &E of Randall Area crab Rage Mgmt 742-5555 Elgin,IL.60123 * Milicreek NE corner Randall Rd 89 Don Rage 1450 Plymouth Ln. Tovmhonvas &Fletcher Dr • Area curb Rage Mgmt 742-5555 Elgin,IL.60123 Maplewood Condo's West of McLean Blvd 16 Don Rage 1450 Plymouth Ln. N end of Heine Area curb Rage Mgmt 742-5555 Elgin,IL.60123 * Oakwood Hills S of E Chicago St 304 Sales ' Marjorie Wright 1101 Canterbury Ct. E&W of Ceresa Dr Area curb Office - 742-6700 Elgin,IL.60120 Tyler Bluff W side N State St 60 Homeowner's Pat Hill 1090 Florimond Dr. • Not Big Timber Rd BFI curb Assoc. 741,7284 Elgin,IL.60123 Spring Cove 1700 W Highland Ave 10 Homeowner's Dr.Myron Elliott 264 Spring Cove Dr. Schrieber curb Assoc. 741-0355 Elgin,IL 60123 Spring Oaks . N side Big Timber Rd 17 Homeowner's Shirley McComb #10 White Oaks Ln. E of Randall Rd Schrieber curb Assoc. 931-4845 Elgin,IL.60123 * Highland Springs N side W Highland Ave 14 A.Assoc.#1 Joel Dahthauser 2343 Robin Ln. Condo Assoc. E of Randall Rd Schrieber curb Property Owners 931-4855 Elgin,IL.60123 21 B.Assoc.#2 BillBumidge 1750 Grandstand Pl. Schrieber• curb Bumidge Properties,L.t 741-5950 Elgin IL.60123 84 C.Assoc.West Barb Thumeau 1750 Grandstand Pl. Schrieber curb C&L Farms 741-5950 Elgin IL.60123 * Cobblers Crossing N.of Shoe Factory Rd. Unit 13A W.of Toastmaster Dr. 164 None Curb None None N/A rTOTAL 4 1,9481. ..igi.iiiikokimmilmimmagveisg:iiiikg.eiiiki*::iiiiiiii:i:3EmargwEEkii::E;iii:iii,iiaimiwiniA / Has been included under city contract wAN.M.W.beginning 1-3-94 - Apt's converted to Condo's • * Under Developement • C OPWIMULTIFAM WB1 Baan-94 • .:.........................................:... :....... . ..:.. FAMILY.PICK-UP _......... . :.. -. i. Container Service ::: :.;... - . .. ....: . ::::.:;NAME OF : :.-:--4-..:-.-:::: . . Svc.:: ::::::::::Property.::. :::::::.;:::::::.::: :>'> MPL:.c..< > LOCATION ;UNITS Hauler `Typetanager :.:::`: :......:...Contact ... .........Address Garden Court NW corner Wing St& 169 Don Rage 1450 Plymouth Ln. Townhomes Garden Crescent Dr WM W contnr Rage Mgmt 742-5555 Elgin,IL.60123 Park Terrace 764-774 Terrace.Court 18 Homeowner's Pat Hi I 1090 Florimond Drive (North Side) WM-W contnr Assoc. 741-7284 Elgin,IL.60123 Denver Condo Assn. 712 W Highland Ave 6 Homeowner's Ron Malinski 712 W.Highland Ave. Arc contnr Assoc. 741.6183 Unit 115 - Lord's Park Terrace Court 35 -Don Rage 1450 Plymouth Ln. Condo's (South Side) Area contnr Rage Mgmt 742-5555 Elgin,IL.60123 Tyler Towers Plymouth Lane 79 Don Rage 1450 Plymouth Ln. (High Rise) Area contnr Rage Mgmt 742-5555 Elgin,IL.60123 Sandy Creek Condo's N side W Highland Ave 60 Don Rage 1450 Plymouth Ln. W of Lyle Ave Area contnr Rage Mgmt 742-5555 Elgin,IL.60123 Kennington Square N side Summit St at 173 Homeowner's 400 Kenneth Circle Hunter Dr-Kenneth Cr Laidlaw contnr Assoc. Torn Walton Elgin IL.60120 Regency Woods 17-33 Garden Crescent 17 Ron Stonebreaker 9N807 Koshare Tr. Condo's Schrieber contnr Rage Mgmt 888-1240 Elgin,IL.60123 Shady Grove 2080 W Highland Ave 23 Phill • ' NW Corner Wencek Wencek 302 N.Airlite St. Highland&Airlite Schrieber contnr Builders Inc. 741-6556 Elgin,IL.60123 Stonebriar Highland Ave& 20 Don Rage 1450 Plymouth Ln. N Lyle Ave(NW Car.) Schrieber oontrx Rage Mgmt 742-Crf..6 Elgin,IL.60123 • Regency South Randall Road& 54 Don Rage 1450 Plymouth Ln. South Street(N E Cor.) Schrieber contnr Rage Mgmt 742-5555 Elgin,IL.60123 r Stonegate Condo's of NE Corner of Highland 24 Homeowner's Amy Ernster 321 N.Amite St.Unit A Valley Creek &Airlite Valley contnr Assoc. • 697-1229 Elgin,IL.60123 ;:titin:w.:.:!{;:{:{. TOTAL CURB SIDE PICKUPS 1,948 _.:}.>.::#<::«<:>.<v:><:;:::>;:>:::,:. >.:..:.:::::::.........:.:..:.:.:::::::::::.::.::::....:.....:.......:::...........:::.....:.:.:..:....,-.:.::.,,v r>.::.}{..,,,,,:- TO AL CONTAINER PICKUPS s ::?$ :i .:vvk.:: xb}..}.:- ...........}...•!x �: 'fi::iY::S:.:S:`v{ ': }:{\ w'{C M TO MULTI FAMILY PICKUPS . 2,626 >: ,a'K: : : :Mf:y ^dQ'M.:i.nv: Gw : v : tit.:w:.:i.: v .::.: i,_ a{, N , : # Has been included under city contract w/W.M.W.beginning 1-3-94 - Apt's converted to Condo's * Under Developement . • •r • • C:IOPWNAULTIFAM.WB1