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VOLUME LXXXIV JANUARY 9, 2019 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 9, 2019, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The
Invocation was given by Rabbi Margaret Frisch Klein, from Congregation Kneseth Israel and the
Pledge of Allegiance was led by Councilmember Carol Rauschenberger.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger,
Shaw, and Mayor Kaptain. Absent: Councilmember Steffen.
MINUTES OF THE DECEMBER 19, 2018, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to approve the December 19, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain.
Nays: None.
COMMUNICATIONS
Dr. Martin Luther King Jr. Proclamation
Mayor Kaptain read the following 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 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
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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 19th and Monday, January 21st, 2019, as days in honor of the memory of Dr. Martin Luther King, Jr.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of January, 2019.
s/David J. Kaptain Mayor
RECOGNIZE PERSONS PRESENT
James Struck stated his concerns regarding fee changes and requirements at the Highlands Golf Course.
Reverend Jeff Mikyska, Holy Trinity Lutheran Church, stated his concerns regarding the
potential impact of reinstating Lieutenant Jensen. Emmetia Sneed, Decynthia Clements sister, stated that she does not want Lieutenant Jensen back
at work.
Karen Schlack, First Presbyterian Church, stated her concerns regarding the impact of reinstating Lieutenant Jensen.
Reverend Michael Montgomery, First Congregational United Church of Christ, stated his
concerns regarding the potential impact of reinstating Lieutenant Jensen.
Demetrius Smith commented on the process to determine if Lieutenant Jensen would be allowed back to work. Mayor Kaptain noted that the case was ongoing and would give councilmembers
time to comment later in the meeting.
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Jose Bosque stated his experiences and concerns regarding filing a complaint with the Police
Department. Mary Shesgreen stated her hope that Lieutenant Jensen was not reinstated. She further
commented on responses to those with mental health issues.
Chuck Keysor announced a candidate’s forum hosted by the Elgin Octave to be held on Thursday, February 21, 2019, at Wesley United Methodist Church, 1070 South Street.
Steve Thoren noted that it was Law Enforcement Appreciation Day and thanked police officers
for their public service.
Matt Habib thanked the council and the city staff for assistance in resolving an issue at his business location. He also thanked the Downtown Neighborhood Association staff their help.
Dave Daubert, Pastor for Zion Lutheran Church, stated his concerns regarding the impact of
reinstating Lieutenant Jensen. Mayor Kaptain opened the floor to the City Councilmembers to respond.
Councilmember Dixon stated his support of the Police Department, but does not want to see
Lieutenant Jensen reinstated. Councilmember Gavin noted pending litigation and a decision regarding Lieutenant Jensen
would come from the city manager and police chief.
Councilmember Martinez noted the difficulty of the situation, but the need for the investigation to run its course.
Councilmember Powell stated she understood the frustration and the need for accountability.
She acknowledged the ongoing investigations and her intention to pursue an independent
investigation. She stated what she felt the city council’s role is in the decision making process regarding Lieutenant Jensen.
Councilmember Rauschenberger stated her concerns regarding how those with mental illness are
treated and the need for further training.
Councilmember Shaw would like to have the investigations completed before a decision is made. He asked for more support from the community and the clergy to help those with mental illness.
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PETITIONS 41-18 AND 50-18 APPROVED FOR 848-850 VILLA STREET, REZONING
AND CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO ESTABLISH A MOBILE HOME COMMUNITY EVENT SPACE
Marc Mylott, Community Development Director, provided an overview of the project that would
allow for rezoning and grant a conditional use for a Planned Development to establish. a
community event space. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet.
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve
Petitions 41-18 and 50-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers
Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
CONSENT AGENDA
By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G1-19 and adopt Resolution No. 19-1 through 19-6 by omnibus
vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell,
Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
RESOLUTION 19-1 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER
APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS
AND/OR STRUCTURAL SUBMITTALS
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
Resolution No. 19-1 RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING
ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE
REVIEW OF KANE COUNTY STORM WATER APPLICATIONS AND/OR CIVIL
ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS
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
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BE IT FURTHER 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 an Agreement on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional services in connection with the review of Kane
County Storm Water Applications and/or civil engineering site/subdivision plans and/or structural
submittals, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-2 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH HEY & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN
CONNECTION WITH THE REVIEW OF KANE COUNTY STORM WATER
APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Resolution No. 19-2 RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH HEY & ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE REVIEW OF KANE
COUNTY STORM WATER APPLICATIONS AND/OR CIVIL ENGINEERING SITE/SUBDIVISION PLANS AND/OR STRUCTURAL SUBMITTALS
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
JANUARY 9, 2019 VOLUME LXXXIV
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BE IT FURTHER 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 an Agreement on behalf of the City of Elgin with Hey
& Associates, Inc., for professional services in connection with the review of Kane County Storm
Water Applications and/or civil engineering site/subdivision plans and/or structural submittals, a
copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 9, 2019 Adopted: January 9, 2019
Omnibus Vote: Yeas: 7 Nays: 0
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-3 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE
AGREEMENT WITH ONE SENSE, LLC FOR PARKAWARE SMART PARKING
MANAGEMENT PLATFORM
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
Resolution No. 19-3 RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH ONE SENSE, LLC
FOR PARKAWARE SMART PARKING MANAGEMENT PLATFORM
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, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin
VOLUME LXXXIV JANUARY 9, 2019
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with One Sense, LLC, for ParkAware Smart Parking Management Platform, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-4 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT
AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PHASE II
ENGINEERING SERVICES IN CONNECTION WITH THE CHICAGO STREET
SURFACE TRANSPORTATION PROGRAM (STP) PROJECT
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
Resolution No. 19-4
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR PHASE II ENGINEERING SERVICES
IN CONNECTION WITH THE CHICAGO STREET SURFACE TRANSPORTATION
PROGRAM (STP) PROJECT
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, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of
Elgin with Engineering Enterprises, Inc. for Phase II engineering services in connection with the
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Chicago Street Surface Transportation Program (STP) Project, a copy of which is attached hereto
and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 9, 2019 Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-5 ADOPTED AUTHORIZING EXECUTION OF A SERVICE
AGREEMENT WITH ELGIN AREA HISTORICAL SOCIETY FOR RENOVATION OF
THE PROPERTY COMMONLY KNOWN AS 302 W. CHICAGO STREET
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
Resolution No. 19-5
RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ELGIN AREA
HISTORICAL SOCIETY FOR RENOVATION OF THE PROPERTY
COMMONLY KNOWN AS 302 W. CHICAGO STREET 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 a Service Agreement on behalf of the City of Elgin with Elgin
Area Historical Society for renovation of the property commonly known as 302 W. Chicago Street,
Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
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Presented: January 9, 2019
Adopted: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-6 ADOPTED APPROVING SETTLEMENTS OF CERTAIN
WORKERS' COMPENSATION CASES
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
Resolution No. 19-6
RESOLUTION
APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the proposed settlement of the pending workers' compensation case of Jeffrey Adam, Case
No. 15 WC 4703, in the total amount of $183,842.50 is approved.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 9, 2019
Adopted: January 9, 2019
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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ORDINANCE G1-19 PASSED AMENDING PCF PLANNED COMMUNITY FACILITY
DISTRICT ORDINANCE NO. G67-07 (335 LOCUST STREET – ST. EDWARD HIGH SCHOOL)
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
Ordinance No. G1-19
AN ORDINANCE
AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G67-07
(335 Locust Street – St. Edward High School)
WHEREAS, the territory herein described has been classified in the PCF Planned
Community Facility District and is subject to the requirements of Ordinance No. G67-07; and
WHEREAS, written application has been made to amend PCF Planned Community
Facility District Ordinance No. G67-07 to increase the number of nighttime events at the outdoor
athletic facility Greg True Field established by Ordinance No. G67-07; and
WHEREAS, the zoning lot containing the premises at 335 Locust Street is legally
described in Ordinance No. G67-07 (the “Subject Property”); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on December 3, 2018, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and 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 and 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 an amendment
to the PCF Planned Community Facility District pertains to the government and affairs of the city.
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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 3, 2018, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Section 4. 10. 2. of Ordinance No. G67-07, is hereby amended in its
entirety to read as follows:
2. The total number of nighttime events at the outdoor athletic facility Greg True Field shall be limited to twenty (20) events per calendar year.
Section 3. That except as amended herein, the use and development of the subject property
shall be controlled pursuant to the provisions of Ordinance No. G67-07. In the event of any conflict between this ordinance and Ordinance No. G67-07, this ordinance and associated documents shall control and prevail.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law. s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: January 9, 2019
Passed: January 9, 2019 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 9, 2019
Published: January 11, 2019
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Powell made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon,
Gavin, Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
JANUARY 9, 2019 VOLUME LXXXIV
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Cultural Arts Commission, November 12, 2018
Design Review Subcommittee, September 25, October 9, November 13, 2018 Emergency Telephone System Board, November 15, 2018
Fire Pension Fund, Various February 19 through December 4, 2018
Foreign Fire Insurance Tax Board, July 9, 2018
Liquor Control Commission, September 12 and October 10, 2018
Parks and Recreation Board, October 30, 2018 Planning and Zoning Commission, October 1 and November 5, 2018
Committee of the Whole, December 5, 2018
Committee of the Whole, December 8, 2018
City Council Minutes, December 5, 2018
Natural Gas Tax Revenue Alcohol Tax Revenue
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell,
Rauschenberger, Shaw, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:34 p.m.
s/ Kimberly Dewis January 23, 2019
Kimberly Dewis, City Clerk Date Approved