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HomeMy WebLinkAboutc - February 13, 2019 CC30 VOLUME LXXXIV FEBRUARY 13, 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 February 13, 2019, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Chasity Gunn, an Elgin Poet Laureate and Denise Tracy, Chaplain for the Elgin Police Department, and the Pledge of Allegiance was led by Councilmember Rose Martinez. ROLL CALL Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JANUARY 23, 2019, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the January 23, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Mama Lee’s Gourmet Popcorn Proclamation Mayor Kaptain asked Councilmember Powell to read the following proclamation: PROCLAMATION WHEREAS, February has been designated as Black History Month where all citizens are encouraged to reflect on the sacrifices and contributions made by generations of African- Americans and resolve to recognize long-standing local African-American business owners who have made important contributions and are advocates in our community; and WHEREAS, One such family owned business is Mama Lee’s Gourmet Popcorn, which was founded in downtown Elgin in July of 2015 by Elgin natives, Christopher and Ashley Sumner; and VOLUME LXXXIV FEBRUARY 13, 2019 31 WHEREAS, The shop is named after Chris’s mother, Leticia, who first taught him how to make caramel popcorn and he continues to share her sense of love and her commitment to giving back to the community with the slogan “Taste the Love” and extols every customer to have a “Poptastic Day”!; and WHEREAS, Mama Lee’s gourmet popcorn is popped and made fresh daily on site with over 40 signature flavors that Chris hand selects and rotates weekly, with the most popular being the "Elgin Mix," combining white cheddar, garlic and caramel, and encourages all customers to view their shop as their home away from home; and WHEREAS, the City of Elgin appreciates the efforts of Christopher and Ashley Sumner of Mama Lee’s in their life-long dedication to family and their business and promoting the aspirations of the African-American community. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby ask all citizens to join me in honoring Christopher and Ashley Sumner of Mama Lee’s Gourmet Popcorn for their dedication to their business, the community and the City of Elgin. IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of February, 2019. David J. Kaptain Mayor Christopher and Ashley Sumner thanked the Council and the community for supporting their business, Mama Lee’s Gourmet Popcorn. RECOGNIZE PERSONS PRESENT Marcus Banner expressed his concerns regarding the potential for Officer Jensen to return to work. Paul Berland stated his experiences and his concerns regarding Officer Jensen returning to work. Bill O’Neill stated his support of the due process procedure in regards to Officer Jensen. He also expressed concerns regarding Councilmember Powell’s contacting Cities United and use of her campaign email address. Patrick Stephen expressed his respect for law enforcement and his support for DeCynthia Clements family. Doug Henke supports the upcoming proposed ordinance change that would allow Legit Dogs and Ice to host musical performances at their venue. Scott Douglas stated his support of Councilmember Dixon and Councilmember Powell. He stated his concerns regarding the potential for Officer Jensen to return to work. FEBRUARY 13, 2019 VOLUME LXXXIV 32 Traci O’Neal-Ellis stated her experience as an attorney and an HR executive. She expressed her concerns regarding the potential for Officer Jensen to return to work. Pastor Walter Blalark stated his concerns regarding the potential for Officer Jensen to return to work. Shirley Sadjadi expressed her concerns regarding the safety of the community if Officer Jensen was allowed to return to work. Mayor Kaptain stated that the 30 minute time allowed for this portion of the agenda had been reached, however due to the large number of people that had signed up to speak this portion of the agenda would continue after the conclusion of the other items listed on the agenda. BID 18-051 AWARDED TO KEMIRA WATER SOLUTIONS, INC. FOR WATER TREATMENT CHEMICALS – REVISED FERRIC SULFATE Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve a contract with Kemira Water Solutions, Inc. in the amount of $159,500 for the purchase of water treatment chemicals in order to continue to provide purified drinking water to City businesses and residents. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-001 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF 2019 POOL CHEMICALS Councilmember Steffen made a motion, seconded by Councilmember Powell, Award a contract to Aqua Pure Enterprises ($399), Leslie’s Swimming Pool Supplies ($5,643), Halogen Supply Company ($24,500), Univar ($13,743) and Hawkins ($4,983) for pool chemicals in the total amount of $49,268 in order to maintain City pools to ensure the highest water quality and safety to patrons. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 19-006 AWARDED TO CONVERGING NETWORKS GROUP FOR THE PURCHASE OF EXTREME NETWORK X460-G2 SWITCHES Councilmember Powell made a motion, seconded by Councilmember Steffen, to award the bid to Converging Networks Group for Extreme Network X460-G2 Switches in the amount of $84,400 in order to replace obsolete first-generation Extreme network switches in critical network locations. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV FEBRUARY 13, 2019 33 BID 19-007 AWARDED TO STAPLES BUSINESS ADVANTAGE FOR THE PURCHASE OF PERSONAL COMPUTERS AND MONITORS ($77,613) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve an agreement with Staples Business Advantage in the amount of $77,613 for the purchase of 120 HP desktop computers and 50 ViewSonic LED Monitors to replace functionally obsolete equipment and improve staff working environment, productivity and support. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT AWARDED TO F.H. PASCHEN FOR THE BOILER REPLACEMENT AT LORDS PARK POOL Councilmember Steffen made a motion, seconded by Councilmember Powell, to approve a contract with F. H. Paschen in the amount of $185,178 for the boiler replacement at Lords Park pool. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOINT PURCHASE PROGRAM APPROVED TO PURCHASE THE PANASONIC HOSTED WEB PUBLISHING BUNDLE Councilmember Dixon made a motion, seconded by Councilmember Rauschenberger, to approve the purchase of the Panasonic Hosted Web Publishing Bundle in the amount of $23,720 in order to increase operational efficiencies within the police department with improved technology. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. SOURCEWELL PURCHASING COOPERATIVE CONTRACT APPROVED WITH RUSH TRUCK CENTER FOR THE PURCHASE OF VARIOUS PUBLIC WORKS VEHICLES ($550,171) Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve a contract with Rush Truck Center in the amount of $550,171 for the purchase of two International snow plow/dump trucks and one International aerial lift truck for the public works department. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. FEBRUARY 13, 2019 VOLUME LXXXIV 34 PETITION 56-18 APPROVED FOR THE PROPERTY LOCATED AT 25 S. GROVE AVENUE, SUITE 201, FOR CONDITIONAL USE TO RELOCATE AN EXISTING INDIVIDUAL AND FAMILY SOCIAL SERVICE (BRADEN COUNSELING CENTER) WITHIN THE SAME BUILDING Marc Mylott, Community Development Director, stated in 2016, Braden Counseling Center received conditional use approval to operate from approximately 800 square feet in Suite 305. The applicant is now requesting approval to relocate to a larger, approximately 1,600-square foot suite within the same building (Suite 201). The Planning and Zoning Commission and staff are recommending approval. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition 56-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSIDERATION OF A REQUEST TO FILE AN APPLICATION TO AMEND THE ZONING ORDINANCE, REGARDING PARKING RECREATIONAL AND COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTY (COUNCILMEMBER DIXON AND MAYOR KAPTAIN) A summary of the application for the proposed text amendments to the City’s zoning ordinance was outlined as follows: (1) allow the parking of recreational vehicles on residential property during the five-month, peak camping season of May through September, provided the vehicle was motorized, less than 25 feet long, and parked on a lawful surface, among other things; (2) allow the residential, off-street parking of heavier weight trucks and sport utility vehicles that are in common use by residents, and; (3) allow a taxi cab driver to park one cab at their residence. It was noted that the process is initiated by an application for text amendment by the city council. Should the city council vote to approve submitting the application, the public hearing before the Planning and Zoning Commission (PZC) will occur on April 1, 2019. PZC will then consider the application and provide the city council with its recommendation. Council discussed allowing off-street parking of heavier weight trucks and SUV’s while still excluding commercial vehicles, and accommodating changing industry standards regarding taxis and Uber/Lyft drivers by allowing them to park in their driveways. Also discussed was the continued exclusion of trailers in regards to recreational vehicles, additional setbacks for the recreational vehicles, and the limited timeframe for parking for recreational vehicles on private property. Councilmember Dixon made a motion, seconded by Councilmember Powell, to move the application forward to the Planning and Zoning Commission. Upon a roll call vote: Yeas: Councilmembers Dixon, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Gavin. VOLUME LXXXIV FEBRUARY 13, 2019 35 SUPPLEMENTAL RESOLUTION 19-20 ADOPTED FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE REGARDING THE 2014 MOTOR FUEL TAX PROGRAM Councilmember Steffen 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, Steffen, and Mayor Kaptain. Nays: None. THIS RESOLUTION IS ON FILE IN THE CITY CLERK’S OFFICE RESOLUTION 19-21 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE POLICE SERGEANT ASSESSMENT CENTER 2019 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, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-21 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE POLICE SERGEANT ASSESSMENT CENTER 2019 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 Industrial/Organization Solutions, Inc., for professional services in connection with the design of the police sergeant assessment center 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 13, 2019 VOLUME LXXXIV 36 ORDINANCE G4-19 PASSED REPEALING CHAPTER 10.34 ENTITLED “PANHANDLING” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Gavin questioned why the ordinance was being repealed. Corporation Counsel Cogley stated that there continue to be a succession of higher court cases that are limiting the ability of a municipality to suppress aggressive panhandling. He recommends repealing this section of the Elgin Municipal Code and that the aggressive panhandling would be independently prosecuted on a case by case basis through other legal avenues already in place. Councilmember Powell made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance G4-19 AN ORDINANCE REPEALING CHAPTER 10.34 ENTITLED "PANHANDLING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 10.34 of the Elgin Municipal Code, 1976, as amended, entitled "Panhandling" be and is hereby repealed in its entirety. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect ten (10) days after its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Passed: February 13, 2019 Vote: Yeas: 8 Nays: 0 Recorded: February 13, 2019 Published: February 15, 2019 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIV FEBRUARY 13, 2019 37 CONSENT AGENDA By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt Resolution Nos. 19-13 through 19-19 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 19-13 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT FOR STORMWATER MANAGEMENT PURPOSES FROM 1000 EAST CHICAGO STREET, LLC (960, 970 AND 980 EAST CHICAGO STREET) Councilmember Shaw 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, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-13 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT FOR STORMWATER MANAGEMENT PURPOSES FROM 1000 EAST CHICAGO STREET, LLC (960, 970 and 980 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement Grant for stormwater management purposes from 1000 East Chicago Street, LLC regarding the property legally described on said plat, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement Grant for 960, 970 and 980 East Chicago Street to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FEBRUARY 13, 2019 VOLUME LXXXIV 38 RESOLUTION 19-14 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET REHABILITATION – GERTRUDE/JEWETT PROJECT Councilmember Shaw 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, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-14 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2019 NEIGHBORHOOD STREET REHABILITATION – GERTRUDE/JEWETT 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 an Agreement on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for professional engineering services in connection with the 2019 Neighborhood Street Rehabilitation – Gertrude/Jewett Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-15 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADVOCATE SHERMAN HOSPITAL FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PRE-PLACEMENT PHYSICAL EXAMINATIONS & OTHER SERVICES FOR THE POLICE AND PUBLIC SERVICES DEPARTMENT Councilmember Shaw 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, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIV FEBRUARY 13, 2019 39 Resolution No. 19-15 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADVOCATE SHERMAN HOSPITAL FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PRE-PLACEMENT PHYSICAL EXAMINATIONS & OTHER SERVICES FOR THE POLICE AND PUBLIC SERVICES DEPARTMENT 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 an Agreement on behalf of the City of Elgin with Advocate Sherman Hospital, for professional services in connection with the pre-placement physical examinations and other services for the police and public services department, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-16 ADOPTED AUTHORIZING EXECUTION OF SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT Councilmember Shaw 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, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-16 RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Settlement and Release of Claims Agreement with Kyla Jacobsen be and is hereby approved and City Manager, Richard G. Kozal, be and is hereby authorized and directed to execute FEBRUARY 13, 2019 VOLUME LXXXIV 40 such Settlement and Release of Claims Agreement providing for payments in the total amount of $25,000, a copy of such agreement being attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-17 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Shaw 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, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-17 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Winfried Cordell Cooper Jr. and Rich Jacobs are hereby reappointed as members of the Human Relations Commission, for terms that will expire on May 1, 2021. BE IT FURTHER RESOLVED that Elisa Lara is hereby reappointed as a member of the Human Relations Commission, for a term that will expire on May 1, 2020. BE IT FURTHER RESOLVED, that Alan Thavisouk, Shelia Ortiz, and Demetrius Smith are hereby appointed as members of the Human Relations Commission, for terms that will expire on May 1, 2021. BE IT FURTHER RESOLVED that Laura Kenney is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2019. BE IT FURTHER RESOLVED that Eduardo Cuevas is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2020. VOLUME LXXXIV FEBRUARY 13, 2019 41 BE IT FURTHER RESOLVED that Jeff Biss is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2021. BE IT FURTHER RESOLVED that Tom Armstrong is hereby appointed as a member of the Sustainability Commission, for a term that will expire on June 1, 2021. BE IT FURTHER RESOLVED that Alexandra Lock is hereby appointed as a Student member of the Cultural Arts Commission, for a term that will expire on August 31, 2020. BE IT FURTHER RESOLVED that Abigail Estrada is hereby appointed as a Student member of the Human Relations Commission, for a term that will expire on August 31, 2020. BE IT FURTHER RESOLVED that Mary Ellen Kessuvan is hereby appointed as a Student member of the Sustainability Commission, for a term that will expire on August 31, 2020. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 19-18 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Shaw 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, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-18 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and FEBRUARY 13, 2019 VOLUME LXXXIV 42 WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from July 2018, through December, 2018 are hereby approved as set forth in Exhibit A. Section 2. The need for confidentiality still exists as to all or parts of those executive session minutes set forth in Exhibit B. Section 3. This resolution shall be in full force and effect from and after its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A THESE MINUTES NEED TO BE APPROVED AND DETERMINATION MADE WHETHER THEY CAN BE RELEASED • July 25, 2018 • August 22, 2018 • September 12, 2018 • September 26, 2018 VOLUME LXXXIV FEBRUARY 13, 2019 43 • October 10, 2018 • October 24, 2018 • November 7, 2018 • November 28, 2018 • December 19, 2018 EXHIBIT B CONFIDENTIAL TREATMENT STILL EXISTS WITH REFERENCE TO THE FOLLOWING EXECUTIVE SESSION MINUTES • Portion of November 19, 2014 • Portion of December 6, 2017 • Portion of March 7, 2018 • Portion of September 26, 2018 • Portion of November 28, 2018 RESOLUTION 19-19 ADOPTED RATIFYING THE EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT FOR STORMWATER MANAGEMENT AND DRAINAGE EASEMENT FOR BATH ROAD AND HOLMES ROAD PROPERTY Councilmember Shaw 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, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-19 RESOLUTION RATIFYING THE EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT GRANT FOR STORMWATER MANAGEMENT AND DRAINAGE EASEMENT FOR BATH ROAD AND HOLMES ROAD PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution and acceptance of a Plat of Easement Grant on behalf of the City of Elgin by David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, with Scannell Properties #356 LLC for the purpose of stormwater management and drainage easement for Bath Road and Holmes Road property, prepared by Manhard Consulting Ltd. dated November 12, 2018, last revised January 22, 2019, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor FEBRUARY 13, 2019 VOLUME LXXXIV 44 Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Shaw 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, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission, December 10, 2018 Emergency Telephone System Board, December 20, 2018 Foreign Fire Insurance Tax Board, December 17, 2018 Board of Health, October 8, 2018 Liquor Control Commission, December 5, 2018 Planning and Zoning Commission, January 7, 2019 Committee of the Whole, January 9, 2019 City Council Minutes, January 9, 2019 Electricity Tax Revenue Hotel/Motel Tax Revenue Natural Gas Tax Revenue RECOGNIZE PERSONS PRESENT Tim O’Neil, Police Union Attorney, supports Officer Jensen’s right to due process. Bill Werst provided information regarding plans for the Larkin Home and invited the community to attend a meeting on Thursday, at 6:30 p.m. at United Methodist Church. Mike Curce expressed his support of Legit Dogs and Ice and the Elgin downtown area. Matt Habib thanked the community for the support shown for Legit Dogs and Ice, and believes that the business merges art, music, and food. VOLUME LXXXIV FEBRUARY 13, 2019 45 Demetrius Smith stated his concerns regarding the potential for Officer Jensen to return to work. Chris Goral expressed his support of the all-ages musical shows being held at Legit Dogs and Ice, and stated he would like to see the shows continue. He believes it's important to for young people to have a safe place to attend events like this. Jose Bosque stated his experiences and concerns with the Police Department. Aaron McDuffie, resident of Lockport, IL, expressed his support for Legit Dogs and Ice. Curt Harrison stated his support for Legit Dogs and Ice. Jennifer Jones, resident of Montgomery, IL, stated her support for Legit Dogs and Ice hosting of musical events. Ron Jones, resident of Montgomery, IL, stated his reasons for supporting the musical events at Legit Dogs and Ice. Stephanie Phillips stated her experiences with Officer Jensen and expressed her concerns over his returning to work. Jeremy Hansen expressed his support for Legit Dogs and Ice. Councilmember Powell provided clarification regarding her communications with Cities United and the NAACP, the organization’s non-profit status, and utilizing them as a resource. She stated her commitment to critical accountability and serving the community to the best of her ability by utilizing all of the resources available to her. Councilmember Dixon thanked the community for attending and expressing their opinions. He hopes that there will be more inclusive conversations in the future. He stated his continued commitment as a public servant. He believes that he was elected to serve the community to the best of his ability and believes in the City of Elgin. ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. FEBRUARY 13, 2019 VOLUME LXXXIV 46 ADJOURNMENT Councilmember Powell made a motion, seconded by Councilmember Martinez, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c)(12) of the Open Meetings Act Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act The meeting adjourned at 9:45 p.m. s/ Jennifer Quinton February 27, 2019 Jennifer Quinton, Deputy City Clerk Date Approved