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DECEMBER 4, 2019 VOLUME LXXXIV 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 December 4, 2019,
in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:03 p.m. The
Invocation was given by Pastor Tommy Creutz Harvest Bible Chapel and the Pledge of
Allegiance was led by Fire Chief Schmidt.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE NOVEMBER 20, 2019, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the November 20, 2019, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and
Mayor Kaptain. Nays: None.
COMMUNICATIONS
World AIDS Day Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, World AIDS Day began 31 years ago on December 1, 1988, when
world health ministers called for a spirit of social acceptance and greater awareness of HIV
internationally and this day continues to be an important way to celebrate the extraordinary
advances made in the battle against HIV, and to remind Elgin residents and people
everywhere that HIV has not gone away and that much more has yet to be done; and
WHEREAS, The City of Elgin, Illinois has a vital interest in preventing new HIV
transmission, and improving the lives of those living with and affected by HIV; and
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WHEREAS, Open Door Health Center of IL has been providing medical care, case
management, peer support, behavioral health, housing support, outreach and prevention
services , testing and counseling to persons living with or vulnerable to HIV and AIDS and
has acted as an advocate for our local LGBTQ communities for 42 years; and
WHEREAS, In 2018, 1,338 people living with HIV/AIDS received medical, case management, oral health and behavioral health care through Open Health Center of IL, and 17 people tested positive for the HIV virus; and
WHEREAS, Open Door Health Center of IL, the City of Elgin and the members of
our social service and medical community are committed to creating an AIDS Free Generation by 2030.
NOW THERFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois, do
hereby proclaim December 1, 2019 As World AIDS Day in the City of Elgin.
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December, 2019.
David J. Kaptain
Mayor
RECOGNIZE PERSONS PRESENT
Dan Cook, resident of the Bowes Creek subdivision, commented on his experiences at Porter’s
Pub and expressed his concerns with the current management. Jeff Zusiak, resident of the Bowes Creek subdivision, commented on his experiences at Porter’s
Pub and expressed his concerns with the current management.
BID 19-055 AWARDED TO PROFESSIONAL CEMETERY SERVICES FOR CONTRACT BURIALS AND CEMETERY MAINTENANCE
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award a three-
year contract to Professional Cemetery Services in the amount of $265,000 annually for burial services, mowing and snow plowing. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
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PUBLIC HEARING FOR THE 2020 PROPOSED CITY OF ELGIN BUDGET
Mayor Kaptain declared the public hearing open at 7:20 p.m.
Sue Webb, South West Area Neighborhood (SWAN), commented on the capital projects in the
neighborhood in 2019 and hoped for additional projects in 2020.
Dan Miller, thanked the council for their efforts, in particular with funding for historical rehabilitation grants. He asked that these grants be continued in the future.
Mayor Kaptain declared the public hearing closed at 7:33 p.m.
PETITION 33-19 APPROVED FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE - DRIVE-THROUGH FACILITY GRAPHICS
Marc Mylott, Community Development Director, outlined Petition 33-19. The petition would grant a text amendment to allow for additional graphics at drive through facilities. Staff and
Planning and Zoning Commission were recommending approval subject to the conditions
outlined.
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 33-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 36-19 APPROVED FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE - CANNABIS BUSINESS ESTABLISHMENTS, CANNABIS TESTING FACILITIES, MEDICAL CANNABIS CULTIVATION CENTERS, MEDICAL CANNABIS DISPENSING ORGANIZATIONS, AND ALCOHOLIC LIQUOR,
PACKAGE LIQUOR SALES ESTABLISHMENTS
Marc Mylott, Community Development Director, outlined Petition 36-19. The petition would grant a text amendment to the zoning ordinance allowing for various cannabis business
establishments. Staff and Planning and Zoning Commission were recommending approval
subject to the conditions outlined. There was discussion regarding the amount of revenue that
would be generated and the local controls to regulate the businesses. Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve
Petition 36-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon,
Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays:
Councilmember Shaw.
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RESOLUTION 19-166 ADOPTED AUTHORIZING EXECUTION OF A RESTAURANT
LEASE AND SERVICES AGREEMENT WITH PORTER'S PUB PAYROLL PPP, LLC FOR RESTAURANT AND RELATED SERVICES OPERATIONS AT BOWES CREEK COUNTRY CLUB
There was discussion regarding how improvements would be measured and when performance
can be reviewed by the city council.
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Powell.
Resolution No. 19-166 RESOLUTION AUTHORIZING EXECUTION OF A RESTAURANT LEASE AND SERVICES AGREEMENT WITH PORTER’S PUB PAYROLL PPP, LLC FOR RESTAURANT AND RELATED SERVICES OPERATIONS AT BOWES CREEK COUNTRY CLUB
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 Restaurant Lease and Services Agreement on behalf of the City of Elgin
with Porter’s Pub Payroll PPP, LLC for restaurant and related services operations at the Bowes Creek Country Club, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2019 Adopted: December 4, 2019 Vote: Yeas: 8 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
Councilmember Dixon made a motion, seconded by Councilmember Rauschenberger, to revisit
the performance of the management at Porter’s Pub and survey the residents of Bowes Creek for
discussion at the first meeting of September 2020. Upon a roll call vote: Yeas: Councilmembers
Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmember Shaw.
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RESOLUTION 19-167 ADOPTED AUTHORIZING DONATION OF CERTAIN
SURPLUS BOOKS AND PUBLICATIONS TO THE GAIL BORDEN PUBLIC LIBRARY
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-167
RESOLUTION
AUTHORIZING DONATION OF CERTAIN SURPLUS BOOKS AND PUBLICATIONS TO
THE GAIL BORDEN PUBLIC LIBRARY
WHEREAS, certain legal books and publications included in the listing attached hereto as
Exhibit A are obsolete or otherwise no longer necessary or useful to the City of Elgin and are
declared to be surplus for the purposes of the City of Elgin; and
WHEREAS, the Gail Borden Public Library has agreed to accept the donation of such
surplus books and publications; and
WHEREAS, the City Council of the City of Elgin has determined that an exception to the
requirements of the procurement ordinance is necessary and in the best interests of the city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elgin that the
donation of the surplus books and publications included in the listing attached hereto to the Gail
Borden Public Library is hereby approved and city staff is hereby authorized and directed to
provide for the donation of such books and publications to the Gail Borden Public Library in as-is condition without any representations or warranties.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2019 Adopted: December 4, 2019 Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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CONSENT AGENDA
By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt Resolution Nos. 19-162 through 19-165 by omnibus vote. Upon a roll call vote:
Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen,
and Mayor Kaptain. Nays: None.
RESOLUTION 19-162 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR
SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION
WITH THE LEAD SERVICE LINE REPLACEMENT (LSLR) PROJECT PLAN
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-162
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR SUPPLEMENTAL PROFESSIONAL
ENGINEERING SERVICES IN CONNECTION WITH THE LEAD SERVICE LINE
REPLACEMENT (LSLR) PROJECT PLAN
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 supplemental professional engineering services in
connection with the Lead Service Line Replacement (LSLR) Project Plan, 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: December 4, 2019
Adopted: December 4, 2019 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 19-163 ADOPTED AUTHORIZING EXECUTION OF A SOFTWARE AND SERVICES SUBSCRIPTION AGREEMENT WITH ACCELERATED
TECHNOLOGY LABORATORIES, INC. FOR PROFESSIONAL SERVICES IN
CONNECTION WITH THE WATER DEPARTMENT LABORATORY INFORMATION
MANAGEMENT SYSTEM UPGRADE PROJECT
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 19-163 RESOLUTION AUTHORIZING EXECUTION OF A SOFTWARE AND SERVICES SUBSCRIPTION AGREEMENT WITH ACCELERATED TECHNOLOGY LABORATORIES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE WATER DEPARTMENT LABORATORY INFORMATION MANAGEMENT SYSTEM UPGRADE 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 Accelerated Technology Laboratories, Inc., for professional services in connection with the water department laboratory information management system upgrade project, a copy of which is attached hereto
and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2019
Adopted: December 4, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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RESOLUTION 19-164 ADOPTED AUTHORIZING THE RENEWAL AND EXECUTION
OF SERVICE ORDERS AND SECOND PLATFORM ADDENDUM TO THE BOX SERVICE AGREEMENT WITH BOX, INC. FOR CLOUD BASED DATA STORAGE AND DOCUMENT MANAGEMENT PLATFORM AND FOR CONSULTING SERVICES
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution 19-164
RESOLUTION AUTHORIZING THE RENEWAL AND EXECUTION OF SERVICE ORDERS AND
SECOND PLATFORM ADDENDUM TO THE BOX SERVICE AGREEMENT WITH BOX,
INC. FOR CLOUD BASED DATA STORAGE AND DOCUMENT MANAGEMENT
PLATFORM AND FOR CONSULTING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to renew and execute service orders and Second Platform
Addendum to the Box Service Agreement on behalf of the City of Elgin with Box, Inc. for cloud-
based data storage and document management platform, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2019 Adopted: December 4, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest: s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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RESOLUTION 19-165 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez,
Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 19-165
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Arturo Curz and Judith Tepe are hereby appointed as members of the Human Relations
Commission, for terms that will expire on May 1, 2021.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2019
Adopted: December 4, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Powell made a motion, seconded by Councilmember Shaw, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon,
Lopez, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays:
None.
Cultural Arts Commission, October 14, 2019
Emergency Telephone System Board (E-911), October 17, 2019
Sustainability Commission, various dates
Committee of the Whole, November 20, 2019 City Council Minutes, November 20, 2019
Sales Tax Revenue
Telecommunications Tax Revenue
Motor Fuel Tax Revenue
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Alcoholic Liquor Tax Revenue
Riverboat Revenue Video Gaming Revenue
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell,
Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:23 p.m.
s/ Kimberly Dewis December 18, 2019
Kimberly Dewis, City Clerk Date Approved