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VOLUME LXXXIV FEBRUARY 27, 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 27, 2019,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:30 p.m. The
Invocation was given by Reverend Janie McCutchen, Second Baptist and the Pledge of
Allegiance was led by Mayor David Kaptain.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger,
Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE FEBRUARY 13, 2019, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Martinez made a motion, seconded by Councilmember Steffen, to approve the February 13, 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
Tommy Meehan Life Saving Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, On July 21, 2017, Elgin resident and Boy Scout of America Thomas
Meehan demonstrated bravery and heroism when he took action in a life threatening situation;
and WHEREAS, While attending the National Boy Scout of America Jamboree in West
Virginia and as he was out walking in the early morning with this tent mate, Tommy stated he
“had a bad feeling something was about to happen . . . I felt I was supposed to be there”; and
WHEREAS, Tommy witnessed a fellow camper who was shoeless and in pajamas acting strangely on a bridge leading from the campsite who then hoisted himself over the railing
looking down toward the water below; and
FEBRUARY 27, 2019 VOLUME LXXXIV
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WHEREAS, Tommy selflessly and without hesitation ran toward the young man and
held on to him while his tent mate, Gabe, ran for help; and
WHEREAS, Because of Tommy’s quick actions, he was able to calm and connect with
the young man until help could arrive.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby express our sincere admiration as we honor and recognize Thomas Meehan for his heroism and
extraordinary resourcefulness in his life saving actions.
IN WITNESS WHEREOF, I have hereunto set my hand this
27th day of February, 2019.
David J. Kaptain
Mayor
Ruben Xochihua Life Saving Proclamation
Mayor Kaptain read the following proclamation:
WHEREAS, On August 30, 2018, Elgin resident Ruben Xochihua demonstrated bravery and heroism when he took action in a life threatening situation; and
WHEREAS, While on his delivery route around 3:30 a.m. at the intersection of
Barrington and Golf Roads in Hoffman Estates, Mr. Xochihua’s came upon the squad car of
Cook County Sheriff’s Deputy Margie Sullivan who had been in an auto accident while responding to a call; and
WHEREAS, The impact of the crash caused the vehicle to burst into flames, trapping
Officer Sullivan in her squad; and
WHEREAS, Mr. Xochihua selflessly and without hesitation jumped out of his vehicle
and pulled Officer Sullivan out of her squad just as flames began to enter the driver’s
compartment; and
WHEREAS, Because of Mr. Xochihua’s heroic actions, Officer Sullivan is alive today.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby
express our sincere appreciation and admiration as we honor and recognize Ruben Xochihua for
his life saving actions.
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of February, 2019.
David J. Kaptain
Mayor
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49
RECOGNIZE PERSONS PRESENT
Robert Gatto asked for assistance with parking issues in his neighborhood. Staff was directed to assist Mr. Gatto.
Bill Werst provided information on the recently held Octave candidate’s forum and stated video
of the event was available. Mateo Calero voiced his opinions on gun control and the recent shooting in Aurora.
BID 19-009 AWARDED TO ADVANCED WEIGHING SYSTEMS INC. FOR THE PURCHASE OF A PORTABLE TRUCK SCALES
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to authorize the
purchase of portable truck scales from Advanced Weighing Systems Inc. in the amount of
$36,700 in order to conduct proactive truck overweight enforcement, improving overall traffic safety and reducing damage to roadways and infrastructure. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor
Kaptain. Nays: None.
JOINT PURCHASING CONTRACT AUTHORIZED WITH FIRE SERVICES, INC. FOR THE PURCHASE OF A WHEELED COACH FIRE AMBULANCE
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to authorize the
purchase of a wheeled coach ambulance from Fire Services, Inc. in the amount of $248,050 including trade-in in order to provide reliable transportation for those citizens needing emergency medical care. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
JOINT PURCHASING COOPERATIVE CONTRACT AUTHORIZED WITH VARIOUS VENDORS FOR SEWER DIVISION VEHICLE PURCHASES
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve contracts
with various vendors for the purchase of equipment and vehicles for the sewer division in the amount of $399,894.39 in order to replace vehicles and equipment to meet the maintenance needs of storm and wastewater infrastructure. Upon a roll call vote: Yeas: Councilmembers
Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
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50
JOINT PURCHASING COOPERATIVE CONTRACT AUTHORIZED WITH
REINDERS FOR THE PURCHASE OF A GROUNDSMASTER 4000-D LARGE AREA MOWER
Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve contract
with Reinders for the purchase of equipment for public services through the State of Illinois
contract in the amount of $52,315 in order to replace aged and obsolete departmental equipment. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger,
Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 22-18 APPROVED FOR 1212 LARKIN AVENUE TO REDEVELOP FORMER LARKIN CENTER BUILDING AND PROPERTY WITH 48 RESIDENTIAL DWELLING UNITS (11 UNITS WITHIN THE FORMER LARKIN CENTER BUILDING, 1 UNIT WITHIN THE FORMER HOSPITAL BUILDING, AND 36 UNITS
WITHIN 12 NEW, TWO-STORY BUILDINGS) INCLUDING VARIOUS SOCIAL
SERVICES AS RESIDENT AMENITIES
Marc Mylott, Community Development Director, provided an overview of the project that would
allow for redevelop of the former Larkin Center Building. The Planning and Zoning
Commission and staff recommended approval subject to the conditions outlined in the packet.
Residents that spoke in favor of the project included Lone Baker, Julie O’Neal, Pat Segel and
Paul Bednar. There was discussion regarding the amount of parking, resident’s storage, and
property maintenance.
Councilmember Powell made a motion, seconded by Councilmember Gavin, to approve Petition 22-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 51-18 APPROVED FOR 846-848 SUMMIT STREET TO CONSTRUCT A 3,250-SQUARE FOOT BUILDING FOR DUNKIN' AND WING STOP RESTAURANTS
Marc Mylott, Community Development Director, provided an overview of the project that would
allow for the construction of a building that would house Dunkin’ and Wing Stop Restaurants.
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
Petition 51-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon,
Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXIV FEBRUARY 27, 2019
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PETITION 01-19 APPROVED FOR 51 SOUTH GROVE AVENUE TO AMEND
EXISTING CONDITIONAL USE ORDINANCE TO ALLOW FOR MUSIC AND OTHER PERFORMANCES AT LEGIT DOGS & ICE RESTAURANT
Marc Mylott, Community Development Director, provided an overview of the project that would
amend a conditional use ordinance that would allow music and other performances at the
location. The Planning and Zoning Commission and staff recommended approval subject to the conditions outlined in the packet.
There was discussion regarding the expectations for the business, timing of the events, noise
levels, and the support for the project. Resident Curt Harrison spoke in favor of the amendment
to the conditional use.
Councilmember Powell made a motion, seconded by Councilmember Gavin, to approve Petition
01-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin,
Martinez, Powell, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember
Steffen abstained.
PETITION 02-19 APPROVED FOR 11-13 NORTH GROVE AVENUE & 15 NORTH
GROVE AVENUE TO CONSTRUCT FIVE RESIDENTIAL DWELLING UNITS ON
THE 2ND FLOORS OF THE TWO-STORY BUILDINGS
Marc Mylott, Community Development Director, provided an overview of the project that would
allow for residential dwellings at the location. The Planning and Zoning Commission and staff
recommended approval subject to the conditions outlined in the packet.
Councilmember Powell made a motion, seconded by Councilmember Steffen, to approve
Petition 02-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon,
Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
REQUEST TO FILE AN APPLICATION APPROVED TO AMEND THE PRC PLANNED RESIDENCE CONSERVATION PLANNED DEVELOPMENT AT 111 N. CHANNING STREET, 468 DIVISION STREET, AND A PORTION OF 472 DIVISION
STREET (FORMER CHANNING YMCA) TO ALLOW FOR COMMUNITY GARDENS
There was discussion regarding the community garden project and why this site was selected.
Councilmember Steffen made a motion, seconded by Councilmember Rauschenberger, to
approve the request for filing an application to amend the zoning of site of the former Channing
YMCA to allow for community gardens. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
FEBRUARY 27, 2019 VOLUME LXXXIV
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RESOLUTION 19-27 ADOPTED APPROVING CULTURAL ARTS COMMISSION
GRANT RECIPIENTS
Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez,
Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw.
Resolution No. 19-27
RESOLUTION
APPROVING CULTURAL ARTS COMMISSION GRANT RECIPIENTS
WHEREAS, the Cultural Arts Commission Grant Program has been established to provide
financial assistance for arts programming; and
WHEREAS, twelve grant applications were submitted for consideration in 2019 under the
Cultural Arts Commission Grant Program; and
WHEREAS, said applications have been reviewed and recipients selected by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the Cultural Arts
Commission Grant Program to the following ten organizations in the amount of $40,026:
Organization Event Amount
Ballet Folklorico Huehuecoyotl Cultural Performance $5,100
Children’s Theatre of Elgin "Godspell" the musical $6,193
Elgin Symphony Orchestra
Association
2018-2019 Season Ainsworth Concerts
for Youth
$3,464
Elgin Youth Symphony
Orchestra, Inc.
Finale Concert "When Little Bells Turn
to Tears"
$6,132
Hamilton Wings SCORE! Making Connections $6,982
Schaumburg on Stage "Assassins" $5,525
Side Street Studio Arts NFP Diversity in Visual Art $6,630
TOTAL $40,026
BE IT FURTHER RESOLVED that the projects shall be in conformance with all
applicable codes and ordinances.
BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall
be required to enter into an agreement with the City of Elgin in a form as approved by the
Corporation Counsel.
s/ David J. Kaptain
David J. Kaptain, Mayor
VOLUME LXXXIV FEBRUARY 27, 2019
53
Presented: February 27, 2019
Adopted: February 27, 2019
Vote: Yeas: 7 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-28 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH HILLARD HEINTZE, LLC FOR AN INDEPENDENT PROFESSIONAL
STANDARDS INVESTIGATION
The council discussed the scope of the agreement and the review of policies and practices.
Residents Carol Book, Demitrius Smith, Ben Haas, Alton Jones, Gena McNamara, and Earl
Silbar stated their concern regarding Lieutenant Jensen and the selection of this firm to handle the independent professional standards investigation.
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dixon. Resolution No. 19-28
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH HILLARD HEINTZE, LLC FOR AN INDEPENDENT PROFESSIONAL STANDARDS INVESTIGATION
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 Hillard Heintze, LLC, for an independent professional standards investigation, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
FEBRUARY 27, 2019 VOLUME LXXXIV
54
Presented: February 27, 2019
Adopted: February 27, 2019 Vote: Yeas: 7 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G8-19 PASSED AMENDING SECTION 14.04.380 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LEAD WATER SERVICE
PIPE REPLACEMENT"
There was discussion regarding the filters including how long they last and the responsibility for changing.
Councilmember Powell made a motion, seconded by Councilmember Gavin, 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 No. G8-19
AN ORDINANCE AMENDING SECTION 14.04.380 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LEAD WATER SERVICE PIPE REPLACEMENT"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended, entitled "Lead Water Service Pipe Replacement:" be and is hereby further amended by amending
subsection B.2.c.i thereof to read as follows:
"i. All occupants of the metered property, including without limitation all residents, tenants, guests, and invitees, shall be required to either consume bottled drinking water at the premises or to utilize a point of use (POU) water filter pitcher or faucet-
mounted water filter for any water to be consumed from the premises for a period
of not less than two (2) years following the replacement of the water main and the
City portion of the water service pipe for the metered property. The City shall provide property owners electing not to replace their lead water service pipes with a POU filter pitcher or faucet-mounted water filter. The use of a POU faucet-
mounted water filter shall be required rather than a POU water filter pitcher when
a POU faucet-mounted water filter provided by the City is compatible with the
existing kitchen faucet at a metered property. The City shall also provide all property owners eight (8) filter replacement cartridges per dwelling unit. It shall be the responsibility of the property owner and/or occupants to follow the POU
VOLUME LXXXIV FEBRUARY 27, 2019
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water filter pitcher or faucet-mounted water filter use instructions, including but
not limited to the replacement of filter cartridges in accordance with the manufacturer’s recommendations. In addition, it shall be the responsibility of the property owner to ensure compliance with the provisions of this subsection. In
circumstances where the property owner is not an occupant of one or more dwelling
units at a metered property, it shall be the responsibility of the property owner to
provide the occupants of each dwelling unit with the water filter pitcher or faucet-mounted water filter and all replacement cartridges provided by the City and, in addition, to provide the occupants of each dwelling unit with written notice of the
requirements of this subsection 14.04.380.B.2.c.i."
Section 2. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended, entitled "Lead Water Service Pipe Replacement:" be and is hereby further amended by amending subsection B.2.c.iii thereof to read as follows:
"iii. In addition, at a metered property when the property owner has elected not to
proceed with the replacement of their portion of a lead water service pipe, the City shall offer the property owner and the occupants of the metered property voluntary testing of the water at the metered property for the presence of lead for a period of
two (2) years following the completion of the replacement of the City portion of
the water service pipe. Such voluntary tests will be available to the property owner
or occupants of the metered property within thirty (30) days following the completion of the replacement of the City portion of the water service pipe, with re-tests available after 6 months, 12 months, 18 months, and 24 months. The person
requesting the voluntary tests of the water for the presence of lead, whether the
property owner or the occupants of the subject property, shall be responsible for the
costs of such tests which costs shall be paid to the City in advance of the City conducting such voluntary tests."
Section 3. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended,
entitled "Lead Water Service Pipe Replacement:" be and is hereby further amended by amending
subsection B.2.d thereof to read as follows: "d. For owners of metered properties where the City has permitted the billing of a
nonowner customer or customers for water utility charges, said property owners
shall be billed directly and be solely responsible for any loan repayment amounts
and/or any other charges under this section 14.04.380. Any loan repayment amounts or other charges under this section shall be considered a part of the property owner’s water service for all purposes under this chapter, including the
penalties and/or remedies for nonpayment, which include but are not limited to the
shutoff or disconnection of water service. The City expressly reserves the right to
shutoff or disconnect water service, or to take any other actions as provided for under the Elgin Municipal Code or state law, if a property owner fails to repay the loan balance or other charges in accordance with the terms of this chapter or the
loan agreement."
FEBRUARY 27, 2019 VOLUME LXXXIV
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Section 4. 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 5. 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: February 27, 2019
Passed: February 27, 2019
Vote: Yeas: 8 Nays: 0
Recorded: February 27, 2019 Published: February 28, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AUTHORIZATION FOR PAYMENTS
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to authorize payment
to pay Midwest Salt to supplement the salt supply received from Morton Salt, which was
previously approved on the May 23, 2018 agenda, as well as, paying SH& D General Trucking Company, Inc. to transport the salt from Morton Salt Company. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor
Kaptain. Nays: None.
CONSENT AGENDA
By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember
Dixon, to pass Ordinance Nos. G5-19 through G7-19 and adopt Resolution Nos. 19-22 through
19-26 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
VOLUME LXXXIV FEBRUARY 27, 2019
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RESOLUTION 19-22 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY
AUTHORITY AGREEMENT AND A SUPPLEMENTAL AGREEMENT TIERED APPROACH TO CORRECTION OBJECTIVES AGREEMENT WITH R & K PETROLEUM, INC. IN CONNECTION WITH THE ENVIRONMENTAL REMEDIATION OF THE R & K PETROLEUM, INC. PROPERTY LOCATED AT 1725
LARKIN AVENUE
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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. 19-22 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT AND A SUPPLEMENTAL AGREEMENT TIERED APPROACH TO CORRECTION OBJECTIVES
AGREEMENT WITH R & K PETROLEUM, INC. IN CONNECTION WITH THE
ENVIRONMENTAL REMEDIATION OF THE R & K PETROLEUM, INC. PROPERTY
LOCATED AT 1725 LARKIN AVENUE 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 Highway Authority Agreement and a Supplemental Agreement Tiered
Approach to Correction Objectives Agreement on behalf of the City of Elgin with R & K Petroleum, Inc., in connection with the environmental remediation of the R & K Petroleum, Inc. property located at 1725 Larkin Avenue, a copy of which is attached hereto and made a part hereof
by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 27, 2019
Adopted: February 27, 2019
Omnibus Vote: Yeas: 8 Nays: 0 Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
FEBRUARY 27, 2019 VOLUME LXXXIV
58
RESOLUTION 19-23 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 STREET RESURFACING PROGRAM – SWAN
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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. 19-23 RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND
RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019
STREET RESURFACING PROGRAM – SWAN
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 an Agreement on behalf of the City of Elgin with
Hampton, Lenzini and Renwick, Inc., for professional services in connection with the 2019 Street Resurfacing Program – SWAN, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 27, 2019
Adopted: February 27, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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59
RESOLUTION 19-24 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE
AGREEMENT WITH BENCHMARK SOLUTIONS, LLC FOR PURCHASE OF PERSONNEL DATABASE SOFTWARE
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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. 19-24
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BENCHMARK SOLUTIONS, LLC FOR PURCHASE OF PERSONNEL DATABASE SOFTWARE
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 with Benchmark Solutions, LLC, for purchase of personnel database software, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 27, 2019
Adopted: February 27, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
FEBRUARY 27, 2019 VOLUME LXXXIV
60
RESOLUTION 19-25 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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. 19-25
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH DAN SHOMON, INC. FOR LEGISLATIVE REPRESENTATION
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 Professional Services Agreement on behalf of the City of Elgin with Dan Shomon, Inc., for legislative representation, a copy of which is attached hereto and
made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 27, 2019
Adopted: February 27, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-26 ADOPTED APPROVING SETTLEMENTS OF CERTAIN
WORKERS' COMPENSATION CASES
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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 27, 2019
61
Resolution No. 19-26
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 cases of Robert O'Quinn, Case No. 15 WC 25931 and 15 WC 8517, in the total amount of $45,960.63 is approved. s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 27, 2019
Adopted: February 27, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G5-19 PASSED AUTHORIZING PARTICIPATION IN THE SUBURBAN
TREE CONSORTIUM
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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 No. G5-19
AN ORDINANCE
AUTHORIZING PARTICIPATION IN THE SUBURBAN TREE CONSORTIUM
WHEREAS, the City of Elgin has pursued a vigorous tree replacement program and
program and promoted the forestation of vacant parkways, recognizing the aesthetic and
environmental importance of trees in the community; and
WHEREAS, Chapter 65 of ILCS 5/11-73.1-1 entitled "Municipal and Joint Municipal Tree Planting Programs", authorizes municipalities to jointly enter into long term contracts for the
purchase and delivery of trees; and
WHEREAS, the City of Elgin has a concern about the diminishing supply of adequate and
varied tree stock available at reasonable prices in the Metropolitan Chicago area; and
FEBRUARY 27, 2019 VOLUME LXXXIV
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WHEREAS, the Suburban Tree Consortium Agreement and the Suburban Tree
Consortium Act is a long term plan for the planting of trees on property located within the municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, KANE AND COOK COUNTIES, ILLINOIS AS FOLLOWS:
Section 1. That the City Manager and City Clerk are hereby authorized to accept on
behalf of the municipality the contracts and bylaws of the Suburban Tree Consortium. A copy of
the bylaws as currently amended are appended to and made part of this Ordinance for Membership
as Exhibit A.
Section 2. The participation of this governmental entity, as a member of the agency,
shall commence on the date membership of this community is accepted by the Board of Directors
of the Suburban Tree Consortium. The City Manager shall appoint a City of Elgin representative
to the STC Board.
Section 3. This ordinance shall be in full force and effect from and after its passage
and approval as by Statute in such case made and provided. This ordinance shall be published in
pamphlet form as provided by law.
Section 4. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict.
Section 5. 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: February 27, 2019
Passed: February 27, 2019
Omnibus Vote: Yeas: 8 Nays: 0 Recorded: February 27, 2019 Published: February 28, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
VOLUME LXXXIV FEBRUARY 27, 2019
63
ORDINANCE G6-19 PASSED AMENDING CHAPTER 3.08 ENTITLED "BOARD OF
FIRE AND POLICE COMMISSIONERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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 No. G6-19
AN ORDINANCE
AMENDING CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois
Constitution; and
WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform
any function pertaining to its government and affairs; and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and
desirable to provide for certain amendments to regulations relating to appointments, promotions and probationary periods for members of the city's police department; and
WHEREAS, procedures relating to appointments, promotions and probationary periods for
members of the city's police department pertain to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, entitled
"Duties; Appointments; Exceptions:" be and is hereby further amended by amending subparagraph I thereto to read as follows:
“I. Except as hereinafter provided, no person shall be appointed to the police
department if he or she does not possess a bachelor's degree from an accredited
college or university. Applicants for a position in the police department who have successfully completed and obtained sixty (60) hours of college credit with an
accredited college or university and who are: 1) persons who have engaged in the
military service of the United States for a period of at least three (3) years of active
duty; 2) persons who are currently employed as full time sworn officers of a regular
police department in any municipal, county, university or state law enforcement agency with at least three (3) years of full time police experience; 3) persons who
are currently employed full time with the City of Elgin with at least three (3) years'
full time employment with the city; or 4) persons who have participated in the Elgin
Police Department Explorer Program with at least four (4) years of participation in
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64
such program and with not less than four hundred (400) hours of volunteer time in
such program, may be considered for appointment to active duty with the police department.”
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 upon its passage and publication in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 27, 2019
Passed: February 27, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: February 27, 2019 Published: February 28, 2019
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G7-19 PASSED GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE ORGANIZATION IN THE CC1 CENTER CITY DISTRICT (25 SOUTH
GROVE AVENUE, SUITE 201)
Councilmember Gavin made a motion, seconded by Councilmember Dixon, 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 No. G7-19
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A SOCIAL SERVICE
ORGANIZATION IN THE CC1 CENTER CITY DISTRICT
(25 South Grove Avenue, Suite 201)
WHEREAS, written application has been made requesting conditional use approval to
establish a social service organization at 25 South Grove Avenue, Suite 201; and
VOLUME LXXXIV FEBRUARY 27, 2019
65
WHEREAS, the zoning lot with the building containing the premises at 25 South Grove
Avenue is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CC1 Center City District, and a
social service organization is listed as a conditional use within the CC1 Center City District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on January 7, 2019, 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 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 January 7, 2019, 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 a conditional use for a social service organization is hereby granted for
the property commonly known as 25 South Grove Avenue, Suite 201, which is part of the property
commonly identified by Kane County Property Index Numbers 06-14-434-012 and 06-14-434-020, and legally described as follows:
Parcel 1 The Easterly 20.85 feet measured along the north line of that part of lots 6 and 7
in block 15 of the original town of Elgin on the East side of the Fox River, described as
follows: Commencing at the southwest corner of said lot 6; thence northwesterly along the westerly
line of said lot 59.59 feet for a point beginning; thence northeasterly along a line forming
an angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to northeast
FEBRUARY 27, 2019 VOLUME LXXXIV
66
from the westerly line of said lot 6, a distance of 111 .58 to a line 35.15 feet west of and
parallel with the east line of lot 7; thence north along said parallel line 33.34 feet to the north line of lot 7; thence west along the north line of lot 6 and 7 to the northwest corner
of lot 6; thence southeasterly along the westerly line of lot 6 to the point of beginning in
the city of Elgin, Kane County, Illinois;
Parcel 2. That part of lots 6 and 7 in block 15 of the original town of Elgin, on the east side of the Fox River, described as follows:
Commencing at the southwest corner of said lot 6; thence northwesterly along the westerly
of said lot 59.59 feet for a point of beginning; thence northeasterly along a line forming an
angle of 89 degrees, 45 minutes, 36 seconds, measured from the southeast to northeast from the westerly line of said lot 6, a distance of 111 .58 feet to a line 35.15 feet west of and
parallel with the east line of lot 7; thence north along said parallel line 22.34 feet to the
north line of lot 7; thence west along the north lines of lots 6 and 7 to the northwest corner
of lot 6; thence southeasterly along the westerly line of lot 6 to the point of beginning
(except the easterly 20.85 feet measured along the north line) in the city of Elgin, Kane County, Illinois; and
Parcel 3. Parking easement created by agreement with the city of Elgin, document number
98K101679 and assigned by document number 98K101678, both recorded November 3,
1998, for the benefit of Parcels 1 and 2.
(commonly known as 21-29 South 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 Braden
Counseling Center, P.C. , as applicant, and Grove Burritt, LLC, as property owner,
received December 18, 2018, and supporting documents including:
a. Conditional Use Statement of Purpose & Conformance – Unit 201, prepared by Braden Counseling Center, dated December 17, 2018;
b. BCC Use and Activities letter, prepared by Braden Counseling Center, dated
December 17, 2018;
c. Sign Plan-256 South Grove Avenue, Unit 201 letter, prepared by Braden
Counseling Center, dated received December 18, 2018; and d. Second Floor Plan New Layout Sheet A2.1, prepared by DBH & Associates,
Architects Inc., dated February 2, 2018, last revised December 18, 2018, received
December 21, 2018.
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.
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2. The individual and family social service shall be restricted to Suite 201 within the
property at 25 South Grove Avenue in substantial compliance to the: a. Second Floor Plan New Layout Sheet A2.1, prepared by DBH & Associates,
Architects Inc., dated February 2, 2018, last revised December 18, 2018, received
December 21, 2018.
3. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 27, 2019
Passed: February 27, 2019
Omnibus Vote: Yeas: 8 Nays: 0 Recorded: February 27, 2019 Published: February 28, 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 Dixon, 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.
E-911 Board January 17, 2019
Heritage Commission – Design Review Subcommittee December 11, 2018 Liquor Control Commission, January 9, 2019
Retiree Health Insurance Trust Fund Board, November 5, 2018
Committee of the Whole Minutes for January 23, 2019
City Council Minutes for January 23, 2019
Sales Tax Electricity Tax
Telecommunications Tax
Alcoholic Liquor Tax
Video Gaming Tax
FEBRUARY 27, 2019 VOLUME LXXXIV
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Riverboat Revenue
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 9:45 p.m.
s/ Kimberly Dewis March 20, 2019
Kimberly Dewis, City Clerk Date Approved