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VOLUME LXXXIII JANUARY 10, 2018
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 January 10, 2018,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:03 p.m. The
Invocation was given by Reverend Marion Phipps from St. Hugh of Lincoln Episcopal and the
Pledge of Allegiance was led by Councilmember Corey Dixon.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE DECEMBER 20, 2017, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Dixon made a motion, seconded by Councilmember Powell, to approve the
December 20, 2017, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
COMMUNICATIONS
Dr. Martin Luther King Jr. Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Dr. Martin Luther King, Jr., born in Atlanta, Georgia, attended Morehouse
College in Atlanta and Crozer Theological Seminary in Pennsylvania, and was a student
thereafter at Boston University and the University of Pennsylvania, and, who following his
studies, became a spiritual leader of his church; and
WHEREAS, Dr. Martin Luther King, Jr., as a spiritual leader not only of his own
congregation, but of millions throughout the world, espoused the philosophy of nonviolence to
all mankind, and in recognition of his teachings was awarded the Nobel Peace Prize; and
JANUARY 10, 2018 VOLUMELXXXIII
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WHEREAS, Dr. Martin Luther King, Jr. spent a life in service to his fellow men and
attempted to realize for them and for America, a dream of peace and brotherhood; and
WHEREAS, Dr. Martin Luther King, Jr., in his campaign for Civil Rights, extended his
work for the benefit of all humanity, and especially for the poor, and was a leader in the cause of
world peace; and
WHEREAS, The City of Elgin is a blessed and compassionate city, priding itself on its
diversity and welcoming its many immigrant groups and its many communities of faith; and
WHEREAS, Elgin is a leader among cities, has citizens and a government that cares,
and is indeed The City to Watch; and
WHEREAS, The City of Elgin through its Human Relations Commission and the Dr.
King Celebration Committee has honored the legacy of Martin Luther King, Jr. for 33 years,
reflecting our commitment to Dr. Martin Luther King Jr.’s vision of a nation committed to non-
violence and love in our cities.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby
proclaim Saturday, January 13th and Monday, January 15th, 2018, as days in honor of the
memory of Dr. Martin Luther King, Jr.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2018.
David Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Mateo Calero expressed his concerns regarding the Federal Trade Commission’s decision to
repeal net neutrality. He urged the council to fight the decision on a local level by developing a
city run ISP similar to Chattanooga, TN.
Clarence Hayward expressed his concerns regarding the 2018 budget and council expenses.
Eric Rubin and Ryan Waesche thanked the council, city of Elgin staff and the Police Department
for their continual kindness and efforts in helping the city’s homeless population.
VOLUME LXXXIII JANUARY 10, 2018
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NATIONAL JOINT POWERS ALLIANCE JOINT PURCHASING AGREEMENT
APPROVED FOR THE PURCHASE OF A SEWER TELEVISING TRUCK
Councilmember Dixon questioned what was being done with the old equipment. Eric Weiss,
Interim Water Director, stated that there was research being conducted as to the equipment’s
worth and that in all likelihood it would be auctioned at a later date.
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract
to Atlantic Machinery, Inc. in the amount of $310,247 for the purchase of a sewer televising
truck for the sewer division to meet the maintenance and inspection needs of storm and
wastewater infrastructure. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 22-17 APPROVED FOR AN APPLICATION BY BROOKTREE
WOODSTOCK IL, LLC, AS APPLICANT, AND INTERNATIONAL TEAMS AN
ILLINOIS NOT FOR PROFIT, AS PROPERTY OWNER, ALLOWING FOR A MAP
AMENDMENT FROM PGI PLANNED GENERAL INDUSTRIAL DISTRICT TO PCF
PLANNED COMMUNITY FACILITY DISTRICT AT 411 W. RIVER ROAD
Mayor Kaptain declared the public hearing open.
Marc Mylott, Community Development Director, provided an overview of Petition 22-17 which
would allow for a specialty hospital (Footprints to Recovery) for individuals struggling with a variety
of health issues, including but not limited to depression, anxiety, substance abuse, and trauma. It was
noted that staff and the Planning and Zoning Commission approved the petition subject to the
conditions outlined in the memo.
Attorney Ken Shepro, representing residents of the nearby Riverside Manor subdivision and
Providence Baptist College, spoke in opposition to Petition 22-17 and outlined some of the
objections and concerns of his clients. He stated that there were major concerns regarding the
type of work the specialty hospital would be doing, the possibility of property values lowering in
the nearby subdivision, and the risk of the applicant changing their scope of operation from a
specialty hospital to a nursing home facility if it isn’t as profitable as hoped. He also voiced
concerns about the city’s inability to enforce the scope of operation. He cited a 2014 New Jersey
case opened by the Department of Human Services against an outpatient facility also run by the
applicant as the basis of his clients cause for concern, and urged the council to continue their
investigation into the background of the petitioner and their proposal.
Councilmembers questioned if the facility would be using sedation on the patients, what property
uses were allowed with the proposed zoning, the amount emergency calls, the staffing of nurses
and doctors at the facility, the differences in care between outpatient facilities versus inpatient
facilities, and if Medicaid would be accepted at this location. They also asked the petitioner for
the reasons that they chose the building and location, as well as for more information regarding
the First Responder’s Program offered by the proposed hospital.
JANUARY 10, 2018 VOLUMELXXXIII
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Hirsch Chinn, Footprints CEO, and Autumn Aumann, the residential coordinator for the
proposed facility, answered questions and provided background regarding the petition before the
council. They stated that patients at the facility would not be sedated and emergency transport
would be provided by a private company. The patients themselves would be entering the
program voluntarily and paying for treatment or using private insurance, and that Medicaid
would not be accepted there, but that a sliding scale of rates would be available. Mr. Chinn
stated that all of the facilities that he is associated with currently are JAHCO accredited by the
Joint Commission which has stricter standards of care than the State. The proposed facility is
planning on applying for the same accreditation as soon as possible. The location of this facility,
ease of access, the quiet location, the close proximity to the highway, and the layout of the
existing building all played a part in choosing the city of Elgin. They also explained the staffing
for the hospital.
Mr. Chinn explained how the First Responder’s Program started and how it benefits emergency
personnel. Former Fire Chief Fahy spoke in favor of the program for emergency personnel and
stated he believes there is a need for the program to be offered for personnel who may be
suffering from PTSD, anxiety, and how it could help benefit not only the people in the program,
but their families as well.
Councilmembers questioned if the zoning would remain in place even if the property was sold.
They also asked if there was any restriction within the zoning designation that would prohibit the
applicant from changing the facility from a specialty hospital to a nursing home or other type of
facility other than what is currently being proposed. Marc Mylott, Community Development
Director, stated that the zoning would remain in place even if the property was sold and that
changing the land use classification would require another public hearing and council approval to
operate as a nursing home or other type of business. He noted that it would not be possible to
enforce payment method of the people seeking treatment at the facility. Mr. Chinn responded
that from a business perspective the hospital would have to remain a voluntary paying hospital in
order to stay viable on the business side.
Mayor Kaptain declared the public hearing closed.
Councilmember Gavin made a motion, seconded by Councilmember Shaw, to approve Petition
22-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember
Dunne.
PETITIONS 23-17 AND 27-17 APPROVED FOR APPLICATIONS BY FOX RIVER
WATER RECLAMATION DISTRICT (FRWRD), AS APPLICANT AND PROPERTY
OWNER, FOR A MAP AMENDMENT FROM RC3 RESIDENCE CONSERVATION
DISTRICT TO CF COMMUNITY FACILITY DISTRICT, AND A CONDITIONAL USE
FOR A PLANNED DEVELOPMENT AT 654-700 WELLINGTON AVENUE
Mayor Kaptain declared the public hearing open.
VOLUME LXXXIII JANUARY 10, 2018
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Marc Mylott, Community Development Director, provided an overview of Petitions 23-17 and
27-17 which would allow for a new 2,000-square foot, replacement pump station for the Fox
River Water Reclamation District (FRWRD) at the end of Wellington Avenue. The existing
pump station building was constructed in 1925, and is too small to accommodate the
infrastructure now required. Once the new building is complete, the existing brick building will
be removed. It was noted that staff and Planning and Zoning Commission approved subject to
the conditions outlined in the memo.
Council questioned if the new building could be sold rather than demolished, and if not if the
brick could be reclaimed. Beth Vogt, Technical Services Director for FRWRD, stated that while
the building is very old there is no significant potential for reuse and as such will need to be
demolished. It was noted that the brick was valuable and would likely be reused by the
contractor who will be demolishing the building.
Mayor Kaptain declared the public hearing closed.
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve
Petitions 23-17 and 27-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers
Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain.
Nays: None.
RESOLUTION 17-161 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TODAY'S UNIFORMS, INC. FOR FIRE DEPARTMENT UNIFORMS
This item was removed from the table during the Committee of the Whole meeting.
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 17-161
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
TODAY'S UNIFORMS, INC. FOR FIRE DEPARTMENT UNIFORMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an
Agreement on behalf of the City of Elgin with Today's Uniforms, Inc. for Fire Department
uniforms, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
JANUARY 10, 2018 VOLUMELXXXIII
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Presented: January 10, 2018
Adopted: January 10, 2018
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-4 ADOPTED AUTHORIZING EXECUTION OF VARIOUS
TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS FOR SIDEWALK
RECONSTRUCTION AND OTHER HIGHWAY PURPOSES IN CONNECTION WITH
THE EAST CHICAGO STREET REHABILITATION PROJECT
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-4
RESOLUTION
AUTHORIZING EXECUTION OF VARIOUS TEMPORARY CONSTRUCTION
EASEMENT AGREEMENTS FOR SIDEWALK RECONSTRUCTION AND OTHER
HIGHWAY PURPOSES IN CONNECTION WITH THE EAST CHICAGO STREET
REHABILITATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute various temporary construction easement agreements for
purposes of sidewalk reconstruction and other highway purposes in connection with the East
Chicago Street Rehabilitation Project, in such form as approved by the Corporation Counsel
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the temporary construction easement agreements to be recorded in the office of the Recorder
of Deeds of Kane County, Illinois.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXIII JANUARY 10, 2018
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Presented: January 10, 2018
Adopted: January 10, 2018
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G3-18 PASSED GRANTING A CONDITIONAL USE TO ESTABLISH A
COMMERCIAL FOOD HALL AND TAPROOM INVOLVING VARIOUS
ASSEMBLIES OF PEOPLE IN THE CC1 CENTER CITY DISTRICT (51 SOUTH
GROVE AVENUE)
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember
Steffen abstained.
Ordinance No. G3-18
AN ORDINANCE GRANTING
A CONDITIONAL USE TO ESTABLISH A COMMERCIAL FOOD HALL
AND TAPROOM INVOLVING VARIOUS ASSEMBLIES OF PEOPLE IN THE
CC1 CENTER CITY DISTRICT
(51 South Grove Avenue)
WHEREAS, written application has been made requesting conditional use approval to
establish a commercial food hall and taproom for various activities pertaining to the assembly of
people at 51 S. Grove Avenue; and
WHEREAS, the zoning lot with the building containing the premises at 51 S. Grove
Avenue is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the CC1 Center City District and a
commercial food hall and taproom for various activities pertaining to the assembly of people is
listed as a conditional use within the CC1 Center City District; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on December 4, 2017 following due notice by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission have submitted their Findings of Fact concerning said application; and
JANUARY 10, 2018 VOLUMELXXXIII
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WHEREAS, the Community Development Department and the Planning & Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning & Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use
in the CC1 Center City District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated December 4, 2017, and the recommendations made by the Community Development
Department and the Planning & Zoning Commission, a copy of which is attached hereto and made
a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a commercial food hall and taproom for various
activities pertaining to the assembly of people is hereby granted for the property commonly known
as 51 S. Grove Avenue and commonly identified by Kane County Property Identification Number
(PIN) 06-14-435-001, and legally described as follows:
The North 75 Feet of Lot 2 in Block 14 of J.T. Gifford Plat of East Elgin, in the City
of Elgin, Kane County, Illinois.
(commonly known as 51 S. Grove Avenue).
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Dream Hall, as
applicant, and LV Management, as property owner, received October 13, 2017 and
supporting documents including:
a. Dream Hall at 51 S. Grove Elgin, IL – Conditional Use Statement of Purpose
and Conformance, prepared by PKE Enterprises Inc. D.B.A Dream Hub, dated
October 12, 2017;
b. Undated UA Taproom + Bottleshop Executive Summary, received October 14,
2017; and
c. Two-page floor plans, prepared by Hrivnak Associates, Ltd., dated September
29, 2017.
VOLUME LXXXIII JANUARY 10, 2018
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In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. Assembly uses permitted by this grant of conditional use shall include:
a. Business Dinners, Breakout Session, and/or Round-Table Discussions;
b. Banquets (General);
c. Baby Showers and/or Bridal Showers;
d. Baptisms and/or Christenings;
e. Celebrations, Soirees, and Private Parties, such as Anniversaries, Birthdays,
and/or Bar Mitzvahs and Bat Mitzvahs, provided:
i. Said event is not advertised,
ii. Said event is by private invitation only, and
iii. No gate charge, cover charge, or other entrance fee or donation is required
or encouraged;
f. Conferences, Conventions, and/or Seminars;
g. Colloquiums;
h. Consumer Shows, Trade Shows, Trunk Shows, and Fashion Shows;
i. Cooking and Baking Classes;
j. Cooking Competitions;
k. Corporate and/or Non-profit Events;
l. Design and Creative Workshops, such as Calligraphy, Art, Pottery, and/or
Painting Classes;
m. Exhibitions, including but not limited to Art Shows;
n. Expositions;
o. Fairs and/or Festivals;
p. Farm-to-table Meal Events;
q. Food Market;
r. Fundraisers;
s. Galas;
t. Gallery Displays, including but not limited to works of art, either temporary or
permanent;
u. Live Performances, such as readings and/or plays but expressly excluding as a
principal use: music concerts, karaoke, ballrooms, dance halls, discotheques,
nightclub operations, events hosted by bands or deejays, or other like music- or
dance-oriented events;
v. Meetings, including but not limited to Board, Business, Public and/or
Shareholders Meetings;
w. Mind and Body Classes and Sessions, including but not limited to Mediation
and/or Yoga;
x. Plenary or General Sessions;
y. Political Events;
z. Press Conferences;
aa. Product Launch Events;
bb. Receptions, provided no gate charge, cover charge, or other entrance fee or
donation is required or encouraged;
JANUARY 10, 2018 VOLUMELXXXIII
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cc. Retreats and Team Buildings Events;
dd. Symposiums;
ee. Wedding Ceremonies & Receptions, including but not limited to traditional
weddings, elopements, and/or civil unions; and
ff. Wine and/or Food Tastings.
3. Incidental entertainment as an accessory use to a permitted principal use is permissible,
in so long as said entertainment complies with all city codes and ordinances, including
but not limited to the restrictions upon “uses, accessory” as articulated within Section
19.90.015, “Definitions and Regulations” of the Elgin Municipal Code, 1976 as
amended, and as said section may be amended from time to time.
4. Any event of an above assembly use may be catered, with food preparation and service
provided either by the applicant or from an off-site establishment, subject to
compliance with applicable health and sanitation codes, ordinances, rules, and
regulations. Similarly, any event of an above assembly use may include the incidental
service of alcohol, with such service provided either by the applicant or from an off-
site establishment, subject to compliance with applicable health, sanitation, and liquor
codes, ordinances, rules and regulations.
5. Any event of an above assembly use may include the incidental playing of amplified
live or recorded music, subject to compliance with applicable noise codes, ordinances,
rules and regulations. The incidental playing of amplified live or recorded music is only
permitted on the interior of the commercial event space. The applicant must comply
with Chapter 10.30 “Noise” of the Elgin Municipal Code, 1976 as amended.
6. The above assembly uses are authorized for only the indoor tenant space at 51 S. Grove
Avenue as described within the associated application for conditional use.
7. All exterior street graphics must comply with the zoning ordinance requirements.
8. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXIII JANUARY 10, 2018
11
Presented: January 10, 2018
Passed: January 10, 2018
Vote: Yeas: 8 Nays: 0 Abstain: 1
Recorded: January 10, 2018
Published: January 12, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember
Rauschenberger, to pass Ordinance Nos. G1-18 and G2-18, and adopt Resolution Nos. 18-1
through 18-3 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne,
Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-1 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC PARKWAY IMPROVEMENTS WITHIN FOY
PROPERTY SUBDIVISION
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to adopt
the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-1
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC PARKWAY
IMPROVEMENTS WITHIN FOY PROPERTY SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance the public parkway
improvements within Foy Property Subdivision which include sidewalk and parkway
improvements. Acceptance of the public improvements will add the following city-maintained
facilities: approximately 16,232 lineal feet of 5-foot sidewalk along with 361 parkway trees, and
all of their respective appurtenances.
s/ David J. Kaptain
David J. Kaptain, Mayor
JANUARY 10, 2018 VOLUMELXXXIII
12
Presented: January 10, 2018
Adopted: January 10, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-2 ADOPTED AUTHORIZING EXECUTION OF A LOCAL AGENCY
AGREEMENT FOR FEDERAL PARTICIPATION WITH THE ILLINOIS
DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE EAST
CHICAGO STREET REHABILITATION PROJECT
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to adopt
the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-2
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL
PARTICIPATION WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE EAST CHICAGO STREET REHABILITATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute a Local Agency Agreement for federal participation on behalf of the City of
Elgin with the Illinois Department of Transportation in connection with the East Chicago Street
Rehabilitation Project, section number 12-00183-00-PV, job number C-91-048-18, project number
E79I(005), a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 10, 2018
Adopted: January 10, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIII JANUARY 10, 2018
13
RESOLUTION 18-3 ADOPTED AUTHORIZING THE RENEWAL AND EXECUTION
OF SERVICE ORDERS AND BOX SERVICE AGREEMENT WITH BOX, INC. FOR
CLOUD BASED DATA STORAGE AND DOCUMENT MANAGEMENT PLATFORM
AND FOR CONSULTING SERVICES
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to adopt
the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution 18-3
RESOLUTION
AUTHORIZING THE RENEWAL AND EXECUTION OF SERVICE ORDERS AND BOX
SERVICE AGREEMENT WITH BOX, INC. FOR CLOUD BASED DATA STORAGE AND
DOCUMENT MANAGEMENT PLATFORM AND FOR CONSULTING SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to renew
and execute service orders and Box Service Agreement on behalf of the City of Elgin with Box,
Inc. for cloud-based data storage and document management platform, a copy of which is attached
hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to renew
and execute service orders and Box Service Agreement on behalf of the City of Elgin with Box,
Inc. for consulting services, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 10, 2018
Adopted: January 10, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
JANUARY 10, 2018 VOLUMELXXXIII
14
ORDINANCE G1-18 PASSED ADOPTING A POLICY PROHIBITING SEXUAL
HARASSMENT FOR THE CITY OF ELGIN
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to pass
the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G1-18
AN ORDINANCE
ADOPTING A POLICY PROHIBITING SEXUAL HARASSMENT
FOR THE CITY OF ELGIN
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0554, an
Act concerning government, which became effective immediately, dated November 16, 2017; and
WHEREAS, pursuant to the Act, each governmental unit shall adopt an ordinance or
resolution establishing a policy to prohibit sexual harassment; and
WHEREAS, all prior existing sexual harassment policies of the City of Elgin shall be
superseded by the Policy Prohibiting Sexual Harassment adopted by this Ordinance; and
WHEREAS, should any section or provision of this Ordinance or the adopted Policy
Prohibiting Sexual Harassment be declared to be invalid, that decision shall not affect the validity
of this Ordinance or adopted Policy Prohibiting Sexual Harassment as a whole or any part thereof,
other than the part so declared to be invalid;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. The City of Elgin’s anti-harassment/non-discrimination policy, which
includes a policy prohibiting sexual harassment, attached hereto as Exhibit A to this Ordinance, is
hereby adopted.
Section 2. This ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXIII JANUARY 10, 2018
15
Presented: January 10, 2018
Passed: January 10, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: January 10, 2018
Published: January 12, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G2-18 PASSED AMENDING TITLE 11 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC"
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to pass
the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G2-18
AN ORDINANCE
AMENDING TITLE 11 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC"
WHEREAS, the City of Elgin is a home rule unit, and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS, various regulations as to the operation of vehicles, traffic and parking on
streets and other areas within the City pertain to the government and affairs of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 11.14 of the Elgin Municipal Code, 1976, as amended, entitled
"Traffic Signs, Signals and Markings" be and is hereby further amended by adding a new Section
11.14.025 thereto entitled "Presumption of Legality" to read as follows:
"11.14.025: PRESUMPTION OF LEGALITY:
A. Whenever official traffic control devices are placed in position
approximately conforming to the requirements of this Title, such devices
shall be presumed to have been so placed by the official act or direction of
lawful authority, unless the contrary shall be established by competent
evidence.
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B. Any official traffic controlled device placed pursuant to provisions of this
Title and purporting to conform to the lawful requirements pertaining to
such devices shall be presumed to comply with the requirements of this
Title, unless the contrary shall be established by competent evidence."
Section 2. That Section 11.14.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Right Turns on Red:" be and is hereby amended to read as follows:
"Intersections where right turns against a steady red signal are prohibited shall be
those intersections designated to be no right turns on red intersections by ordinance
or by the director of public works, or the chief of police in his absence. The director
of public works, or the chief of police in his absence, is authorized to determine the
intersections where right turns against a steady red signal are prohibited and shall
place and maintain appropriate signs indicating the same."
Section 3. That Section 11.14.035 of the Elgin Municipal Code, 1976, as amended,
entitled "Left Turns Prohibited:" be and is hereby amended to read as follows:
"The locations where left turns are prohibited shall be as designated by ordinance
or by the director of public works, or the chief of police in his absence. The director
of public works, or the chief of police in his absence, is authorized to determine the
locations where left turns are prohibited and shall place and maintain appropriate
signs indicating the same."
Section 4. That Section 11.20.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Speed Regulations:" be and is hereby amended to read as follows:
"It is determined, upon the basis of an engineering and traffic investigation, that the
maximum speed limits on the following streets shall be as hereinafter set forth:
A. Fifteen Miles Per Hour: There is established an absolute maximum speed limit
for vehicles of fifteen (15) miles per hour along and upon the following streets and
highways in the City:
Riverside Drive, northbound lane, from Prairie Street to East Chicago Street.
Riverside Drive, southbound lane, from East Chicago Street to Prairie Street.
B. Twenty Miles Per Hour: There is established an absolute maximum speed limit
for vehicles of twenty (20) miles per hour along and upon the following streets and
highways in the City:
(Reserved)
C. Twenty Five Miles Per Hour: There is established an absolute maximum speed
limit for vehicles of twenty five (25) miles per hour along and upon the following
streets and highways in the City:
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Airlite Street between Larkin Avenue and Country Knoll Lane.
Alberta Road from Bowes Road to dead end of Alberta Road.
Bowen Court between Regent Street and Sherman Avenue.
Canfield Circle from Pompton Avenue to Pompton Avenue.
Center Street between Kimball Street and Dexter Avenue.
East Chicago Street between State Street and Geneva Street.
College Green Drive between Randall Road and Covered Bridge Drive.
College Green Drive between Randall Road and McLean Boulevard.
Conifer Drive from Pompton Avenue to Alberta Road.
Covered Bridge Drive from College Green Drive to Otter Creek Drive.
Dexter Avenue between Dexter Court and Center Street.
Division Street between Douglas Avenue and Geneva Street.
Douglas Avenue between Kimball Street and East Chicago Street.
DuPage Street between Villa Street and Spring Street.
Erie Street between South McLean Boulevard and South Jane Drive.
Fulton Street between Villa Street and Spring Street.
Gifford Place between Michigan Street and Raymond Street.
Grand Avenue between Hiawatha Drive and Grand Boulevard.
Grand Boulevard between Grand Avenue and Linden Avenue.
Lucca Drive from Airlite Street to Lucca Court.
North Grove Avenue between Kimball Street and East Chicago Street.
Padua Drive from Airlite Street to dead end of Padua Drive.
Salem Road from Lucca Drive to Airlite Street.
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South Grove Avenue between Fulton Street and Chicago Street.
South Grove Avenue between Prairie Street and National Street.
East Highland Avenue between North State Street and Geneva Street.
South Jane Drive between Larkin Avenue and Meyer Street.
Lake Street between the Fox River and Villa Street.
Linden Avenue between Grand Boulevard and Bode Road.
Mark Avenue between Mildred Avenue and the west terminus.
Michigan Street between Lake Street and Gifford Place.
Muirfield Circle from College Green Drive to College Green Drive.
National Street between State Street and Villa Street.
Pebble Beach Circle from College Green Drive to College Green Drive.
Pompton Avenue from Corron Road to dead end of Pompton Avenue.
Prairie Street between Villa Street and Riverside Drive.
River Bluff Road between Slade Avenue and North Spring Street.
Scott Drive between Royal Boulevard and Mildred Avenue.
Sheffield Drive between North Lyle Avenue and the southerly intersection of
Devonshire Circle.
Sienna Drive from Highland Avenue to Padua Drive.
North Spring Street between Kimball Street and East Chicago Street.
South Spring Street between East Chicago Street and Grove Avenue.
Symphony Way between North Grove Avenue and Dundee Avenue.
Torino Drive from Airlite Street to Sienna Drive.
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D. Thirty Five Miles Per Hour: There is established an absolute maximum speed
limit for vehicles of thirty five (35) miles per hour along and upon the following
streets and highways in the city:
Bode Road from Highbury Drive to the easterly corporate limits of the city.
Chicago Street from Willard Avenue to Woodview Drive.
Congdon Avenue from Blackhawk Drive to Dundee Avenue.
West Highland Avenue from Thomas More Drive to Randall Road.
McLean Boulevard between U.S. 20 bypass and Bowes Road.
Villa Street between Illinois Avenue and Peck Place.
Weld Road from South Street to Shepard Drive.
E. Forty Miles Per Hour: There is established an absolute maximum speed limit
for vehicles of forty (40) miles per hour along and upon the following streets and
highways in the city:
Villa Street between Ramona Avenue and Peck Place.
Chicago Street from Woodview Drive to the city limits.
Congdon Avenue between Blackhawk Drive to Wakefield Drive.
F. Forty Five Miles Per Hour: There is established an absolute maximum speed
limit for vehicles of forty five (45) miles per hour along and upon the following
streets and highways in the city:
Coombs Road from Highland Avenue to Illinois Route 20.
Gifford Road from Bluff City Boulevard to West Bartlett Road.
Highland Avenue from Stonehaven Drive to the city limits.
Plank Road from Highland Avenue to Russell Road.
Russell Road from Plank to city limits.
Villa Street from Peck Place to Illinois Route 20.
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G. Fifty Miles Per Hour: There is established an absolute maximum speed limit for
vehicles of fifty (50) miles per hour along and upon the following streets and
highways in the city:
Damisch Road between Reinking Road and Homestead Drive.
H. Duty To Use Caution: The fact that the speed of a vehicle is lower than the
foregoing prima facie limits shall not relieve the driver from the duty to decrease
speed when approaching and crossing an intersection, when approaching and going
around a curve, when approaching a hill crest, when traveling upon any narrow or
winding roadway or when special hazards exist with respect to pedestrians or other
traffic or by reason of weather or highway conditions, and speed shall be decreased
as may be necessary to avoid colliding with any person or vehicle or on entering
the highway in compliance with legal requirements and duty of all persons to use
care."
Section 5. That Section 11.24.020 of the Elgin Municipal Code, 1976, as amended,
entitled "One Way Streets and Alleys:" be and is hereby amended to read as follows:
"The streets and alleys in which traffic shall move in only one specified direction
shall be those designated by ordinance or by the director of public works, or the
chief of police in his absence. The director of public works, or the chief of police
in his absence, is authorized to determine the streets and alleys on which traffic
shall move in only one specified direction and shall place and maintain appropriate
signs indicating same including the direction of traffic, such signs to be erected and
maintained at every intersection where movement in the opposite direction is
prohibited. The director of public works, or the chief of police in his absence, is
further authorized to designate one-way t raffic on drives in public parks in the city
and to cause signs indicating the direction of traffic to be maintained at intersecting
drives in such public parks."
Section 6. That Section 11.32.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Through Streets:" be and is hereby further amended to read as follows:
"Streets and parts of streets which shall be through streets shall be those streets and
parts of streets designated to be through streets by ordinance or by the director of
public works, or the chief of police in his absence. The director of public works,
or the chief of police in his absence, is authorized to determine which streets and
parts of streets are declared to be through streets. The director of public works shall
maintain a schedule of through streets."
Section 7. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Stop Intersections:" be and is hereby further amended to read as follows:
"Stop intersections shall be those intersections designated to be stop intersections
by ordinance or by the director of public works, or the chief of police in his absence,
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and all vehicles being operated on such streets so determined to be stop
intersections must stop before crossing or entering the designated streets. The
director of public works, or the chief of police in his absence, shall place and
maintain appropriate signs at every such place where a stop is required. The
director of public works shall maintain a schedule of stop intersections."
Section 8. That Section 11.32.040 of the Elgin Municipal Code, 1976, as amended,
entitled "Yield Intersections:" be and is hereby further amended to read as follows:
"Yield intersections shall be those intersections designated to be yield intersections
by ordinance or by the director of public works, or the chief of police in his absence.
The director of public works or the chief of police in his absence, is authorized to
determine the location of yield intersections and shall place and maintain
appropriate signs indicating the same."
Section 9. That Section 11.32.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Signs Required at Through Streets:" be and is hereby further amended to read as follows:
"Whenever any ordinance, or the director of public works, or the chief of police in
his absence, designates and describes a through street, it shall be the duty of the
director of public works, or the chief of police in his absence, to place and maintain
a stop sign, or on the basis of an engineering and traffic investigation at any
intersection a yield sign, on each and every street intersecting such through street
unless traffic at any such intersection is controlled at all times by traffic control
signals; provided, however, that at the intersection of two (2) such through streets
or at the intersection of a through street and a heavy traffic street not so designated,
stop signs shall be erected at the approaches of either of the streets as may be
determined by the director of public works, or the chief of police in his absence,
upon the basis of an engineering and traffic study."
Section 10. That Section 11.60.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Stopping, Standing, Parking Prohibited Where:" be and is hereby further amended by
amending subparagraph O thereof to read as follows:
"O. In any of the additional designated places designated by ordinance or by the
director of public works, or the chief of police in his absence. The director
of public works, or the chief of police in his absence, is authorized to
determine the places on streets where standing, stopping, or parking is
prohibited including the area and time of such restriction. The director of
public works, or the chief of police in his absence, shall place and maintain
appropriate signs indicting same. The director of public works shall
maintain a schedule of such additional designated places including the area
and time of such restriction."
Section 11. That Section 11.60.065 of the Elgin Municipal Code, 1976, as amended,
entitled "Stopping, Standing or Parking Prohibited on Private Property:" be and is hereby further
amended by repealing and deleting subparagraph C thereof.
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Section 12. That Section 11.60.070 of the Elgin Municipal Code, 1976, as amended,
entitled "Limited Parking Area; One Hour or More:", Section 11.60.080 entitled "Limited Parking
Areas; Less Than One Hour:", Section 11.60.082 entitled "Thirty Minute Parking Zones:", Section
11.60.083 entitled "One Hour Parking Zones:", Section 11.60.083.2 entitled "Ninety Minute
Parking Zones:", Section 11.60.084 entitled "Two Hour Parking Zones:", and Section 11.60.086
entitled "Ten Hour Parking Zones:" be and are hereby further amended to read as follows:
"11.60.070: LIMITED TIME DURATION PARKING AREAS:
A. Limited time duration parking areas shall be those areas on streets
designated as limited time duration parking areas by ordinance or by the
director of public works, or the chief of police in his absence. The director
of public works, or the chief of police in his absence, is authorized to
determine the streets or portions thereof which shall have limited time
duration parking and shall place and maintain appropriate signs indicating
and providing notice of same. The director of public works shall maintain
a schedule of those areas designated as limited time duration parking areas.
B. The provisions of this section shall not be construed to permit the parking
of vehicles in any place where such parking is prohibited by any other
ordinance or any other section of this Title.
C. The director of public works, or the chief of police in his absence, may
designate by official signs a space on sides of the street in each block in the
limited time duration parking areas not to exceed eighteen feet (18') in
length where it shall be unlawful for any person to park any vehicles for
more than five (5) minutes. Such five-minute parking shall be so located so
as to prevent the operator of a vehicle to pull away from the curb without
backing across any cross walk."
Section 13. That Section 11.60.087 of the Elgin Municipal Code, 1976, as amended,
entitled "Limited Parking Areas; Buses Only:" be and is hereby further amended to read as follows:
"The areas on streets on which no parking other than for a school bus shall be
permitted shall be those areas on streets designated by ordinance or by the director
of public works, or the chief of police in his absence. The director of public works,
or the chief of police in his absence, is authorized to determine the areas on streets
on which parking is prohibited other than for a school bus including the times for
such parking restrictions. No person shall park a vehicle, other than a school bus,
within the areas on streets so designated as limited parking areas for school buses
only. The director of public works, or the chief of police in his absence, shall place
and maintain appropriate signs at every such place where parking is limited to
school buses."
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Section 14. That Section 11.60.088 of the Elgin Municipal Code, 1976, as amended,
entitled "Limited Parking Areas; Ambulances Only:" be and is hereby repealed and deleted.
Section 15. That Section 11.60.089 of the Elgin Municipal Code, 1976, as amended,
entitled "Monthly Permit Parking Zones:" be and is hereby repealed and deleted.
Section 16. That Section 11.60.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Snow Emergency Routes:" be and is hereby further amended by amending subparagraph
A thereof to read as follows:
"A. Snow emergency routes shall be those streets designated as snow
emergency routes by ordinance or by the director of public works, or the
chief of police in his absence. The director of public works, or the chief of
police in his absence, is authorized to determine the streets to be designated
as snow emergency routes and shall place and maintain appropriate signs
indicating the same. The director of public works shall maintain a schedule
of snow emergency routes."
Section 17. That Section 11.60.156 of the Elgin Municipal Code, 1976, as amended,
entitled
"Handicapped Parking Spaces:" be and is hereby further amended to read as follows:
"Handicapped parking spaces shall be those parking spaces designated by
ordinance or by the director of public works, or the chief of police in his absence.
The director of public works, or the chief of police in his absence, is authorized to
determine the parking lots and streets to be designated as handicapped parking
spaces and shall place and maintain appropriate signs indicating the same. When
signs are erected giving notice thereof, no person shall park a vehicle, which is not
bearing registration plates or decals issued to a handicapped person, within the
parking lots or any of the streets so designated."
Section 18. That Section 11.60.205 of the Elgin Municipal Code, 1976, as amended,
entitled "Tow Away Zones:" be and is hereby further amended by amending subparagraph A
thereof to read as follows:
"A. Tow away zones on streets shall be on areas of streets designated as tow
away zones by ordinance or by the director of public works, or the chief of
police in his absence. The director of public works, or the chief of police in
his absence, is authorized to determine the streets to be designated as tow
away zones and shall place and maintain appropriate signs indicating the
same. Any car or other vehicle parked on any street designated as a tow
away zone during the hours when parking thereon is prohibited may be
removed and towed as herein provided."
Section 19. That Chapter 11.68 of the Elgin Municipal Code, 1976, as amended, entitled
"Parking Meters" be and is hereby repealed and deleted.
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Section 20. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 10, 2018
Passed: January 10, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: January 10, 2018
Published: January 12, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Dunne made a motion, seconded by Councilmember Martinez, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon,
Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Emergency Telephone System Board, November 16, 2017
Heritage Commission, November 7, 2017
Planning and Zoning Commission, October 2, and November 6, 2017
Committee of the Whole, December 6, 2017
Committee of the Whole, December 9, 2017
City Council Minutes, December 9, 2017
Electricity Tax Revenue
Natural Gas Tax Revenue
Uncollectible Receivables
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
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ADJOURNMENT
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:43 p.m.
s/ Jennifer Quinton January 24, 2018
Jennifer Quinton, Deputy City Clerk Date Approved