HomeMy WebLinkAboutg - April 11, 2007 COW
COMMITTEE OF THE WHOLE MEETING
April 11, 2007
The regular Committee of the Whole meeting was called to order by Mayor Schock at 6:07 p.m.
in the Council Chambers. Present: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers,
Sandor, Walters and Mayor Schock. Absent: None.
Approval of Minutes
Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve the
minutes of the March 14, 2007, regular meeting and the March 21, 2007, regular meeting. Upon
a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters
and Mayor Schock. Nays: None.
Presentation on Fire Station #7
A representative from FGM Architects & Engineers, Inc. and Lamp, Inc. presented an overview
of plans for Fire Station #7 to be located on Longcommon Parkway at Bowes Road. The
composition and layout of Fire Station #7 was described. It is designed to include the
maintenance facility for the entire Fire Department and will have three bays for vehicles. They
have been asked to consider what energy conservation measures can be taken in the construction
of this station. The energy conservation considerations will include energy efficiency, water
savings, materials selection, sustainable site development, and indoor environment quality. The
bids are due April 19, and the ground breaking is expected soon after the Council awards the
bids at its April 25, 2007 meeting.
Assistant Chief Baker said the goal is to be LEED (Leadership in Energy and Environmental
Design) compliant. They would be the third fire station in the State of Illinois to be LEED
compliant.
Consideration of the 2007 50/50 Historic Architectural Grant Program Eligibility List
Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve the
grant recipient eligibility list for the 2007 50/50 Historic Architectural Grant Program as
submitted and execute the grant agreements per the memo submitted to Council. Upon a roll call
vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor
Schock. Nays: None.
Consideration of the Bowes Creek Country Club Annual Membership Rates
Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to approve the
proposed membership rates for the Bowes Creek Country Club pursuant to the memo submitted
to Council.
Committee of the Whole
April 11, 2007
Page 2
Councilmember Sandor stated that he is not in favor of giving Toll Brothers homeowners a
discount in 2009 for Bowes Creek Country Club memberships. Councilmember Kaptain stated
that if Toll Brothers homeowners are to be given a discount, it should be paid by Toll Brothers.
Mayor Schock pointed out that people who join now will pay $2,900 for two years, and the golf
course isn’t even built yet. Parks and Recreation Director Reopelle stated that the logic behind
the proposed discount is that it is hoped that more people who live in the development by the
Bowes Creek Country club will be golfers. This is an incentive to have people buy golf club
memberships in the early stages.
Councilmember Sandor made a motion, seconded by Councilmember Kaptain, to amend the
original motion to include an amendment to the proposed membership rate list of fees for 2009
from $3,600 to $4,400 for Toll Brothers homeowners. Upon a roll call vote: Yeas:
Councilmembers Kaptain, Rodgers, and Sandor. Nays: Councilmembers Figueroa, Gilliam,
Walters, and Mayor Schock. Motion to amend the membership rate fees list failed.
A vote was then taken on the original motion as proposed. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Walters, and Mayor Schock. Nays: Councilmembers
Kaptain, Rodgers, and Sandor
Consideration of Change Order No. 1 for the Construction of the Highlands of Elgin
Clubhouse
Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to approve the
execution of Change Order No. 1 with Northwest Contractors Inc. in the amount of $56,079.16
for the construction of The Highlands of Elgin Clubhouse. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock.
Nays: None.
Consideration of a Contract with Charles H. Schrader and Associates for Grant
Administration Services
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve a
contract for grant administration services to Charles H. Schrader and Associates in the amount of
$12,000. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers,
Sandor, Walters, and Mayor Schock. Nays: None.
Committee of the Whole
April 11, 2007
Page 3
Consideration of a Co-sponsorship Agreement with the African-American Coalition of
Kane County, Illinois, for the Annual Juneteenth Festival
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve the
agreement with the African-American Coalition of Kane County to co-sponsor the fourth annual
Juneteenth Festival on Saturday, June 16 and Sunday, June 17, 2007, for a not to exceed amount
of $2,115. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers,
Sandor, Walters, and Mayor Schock. Nays: None.
Consideration of Acceptance of a Grant of Easement for Temporary Construction Across
the Property Located at 637 Frazier Avenue
Councilmember Walters made a motion, seconded by Councilmember Rodgers, to accept the
plat of easement for temporary construction across from the property addressed as 637 Frazier
Avenue, located on the south side of Frazier Avenue, east of State Street (Route 31). Upon a roll
call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and
Mayor Schock. Nays: None.
Consideration of a License Agreement with School District U-46 for Bus Loading
Improvements at 819 West Chicago Street (Washington Elementary School)
Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to approve the
license agreement with School District U-46 for bus loading improvements at Washington
Elementary School, located at 819 West Chicago Street. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock.
Nays: None.
Consideration of Amendment No. 1 to an Agreement with Crawford, Murphy & Tilly for
Additional Design Engineering Services for the Highland Avenue Widening and
Reconstruction Project
Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to authorize
Amendment No. 1 with Crawford, Murphy & Tilly in the amount of $16,945.44 for additional
Phase I design engineering services for the Highland Avenue Widening and Reconstruction
Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers,
Sandor, Walters, and Mayor Schock. Nays: None.
Committee of the Whole
April 11, 2007
Page 4
Consideration of Amendment No. 2 to an Agreement with Baxter & Woodman for
Additional Design Engineering Services for the Bowes Road Interceptor Sewer-Trunk 20
Project (BRIS-T20)
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to authorize
Amendment No. 2 with Baxter & Woodman in the amount of $30,000 for additional design
engineering services for the Bowes Road Interceptor Sewer – Trunk 20 (BRIS-T20) Project.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor,
Walters, and Mayor Schock. Nays: None.
Consideration of Options for Energy Savings
Councilmember Kaptain stated that he believes this is an opportunity for the City to provide
leadership in conserving energy. Councilmember Walters suggested that consideration be given
to installing solar panels at the Centre and the Public Works facility. Councilmember Gilliam
stated that he would like to see Elgin become a “Green City.”
Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to direct Staff to
explore energy saving options for the City of Elgin. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock.
Nays: None.
Announcements from Staff
City Manager Folarin stated that when the Grangers addressed the City Council at its meeting on
March 14, the Council directed that the incident be investigated by the Elgin Police Department
and a report made to the Council at tonight’s meeting.
Police Chief Womack gave a summary and findings of the events which occurred on March 11,
2007, and subsequent actions taken. Chief Womack outlined the time line of the incident in the
following manner. The Elgin Police Department obtained a search warrant on March 9, 2007,
for the purpose of searching the residence at 421 Ann Street for suspect, Terrance Johnson and a
gun which he was believed to unlawfully possess. Mr. Johnson is known to the Police
Department as an active gang member of the Gangster Disciples, and he has a criminal history
that includes 11 arrests and 5 convictions. The address on Mr. Johnson’s driver’s license, his
parole records, various reports, and information obtained from an informant indicated that Mr.
Johnson lived at 421 Ann Street and that he would be at that location the morning of March 11.
Due to the information compiled, the 15 members of the Tactical Response Team (TRT) entered
the residence using established protocols and “best practice” standards for tactical force entry.
Chief Womack stated that the Elgin Police Department policy allows for the use of the TRT in
the execution of search warrants if certain factors exist, including the following: when a suspect
involved in a search warrant operation may be armed with firearms or dangerous weapons; when
a suspect has a significant history of violence; or other special circumstances exist. She stated
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April 11, 2007
Page 5
that with Terrance Johnson’s extensive criminal history, these factors did exist and was the
reason that TRT protocols were used for the entry into the Granger’s residence. The operational
plan for this search was reviewed and approved by two Deputy Chiefs and was within policy.
Their main goal always is to execute warrants in the safest way to ensure officer and citizen
safety. Neither Terrance Johnson nor a gun was found at the residence. Police Chief Womack
stated that damage, consistent with the actions taken and the operation carried out, did occur to
the residence.
Recommendations and actions regarding the execution of search warrants include continuing to
review the policies for adherence to all legal obligations, best practice protocols, and safety of
both citizens and officers. As in all past search warrant operations, the Elgin Police Department
will continue to carefully scrutinize all search warrant operations for circumstances, dangers,
alternative solutions, and policy commitments, and ensure approval by a Deputy Chief or higher
ranking officer.
Chief Womack then gave a summary of what occurred the afternoon of March 11, when Betty
and Frank Granger and a third person came to the police station to file a complaint regarding
what occurred at their home when officers executed the search warrant that morning. At 1:03
p.m. they came to the front desk and ten minutes later they spoke briefly to Detective Brian
Gorcowski, and said they wanted to speak to the Watch Commander. Watch Commander Welter
met with the Grangers at which point they told him they wanted to file a complaint regarding
what occurred at their home that morning when the Tactical Response Team served the search
warrant. After discussion, Lt. Welter indicated that it did not appear that they had a basis for a
complaint. At approximately 1:34 p.m., Lt. Welter left the lobby to contact other supervisors
regarding the search warrant in an attempt to obtain additional information. At 2:52 p.m. Sgt.
John Demmin met with the Grangers to take their complaint. Sgt. Demmin finished taking the
complaint at 4:45 p.m., at which time the Grangers left the station.
Chief Womack reported the following findings regarding what occurred when the Grangers
came to the police station: There was a discussion between Lt. Welter and Mr. and Mrs. Granger
as to whether or not there was a basis for a complaint. Mr. and Mrs. Granger’s complaint should
have been taken by an Elgin Police Supervisor immediately. While it is appropriate to attempt to
gather additional information, a complaint should be taken when a citizen indicates he or she
wants to provide the Police Department with information. Contact was made immediately, but
Mr. and Mrs. Granger did have to wait an inappropriate amount of time in order to file their
complaint. There was an unnecessary delay in their receiving the complaint form, which they
should have been provided with immediately.
Chief Womack described the actions which have been taken regarding complaint intake. The
Department has changed the complaint intake protocol. They have also updated the complaint
forms by including instructions for completing the forms, which should make the process more
citizen friendly. The second action is the creation of a Citizens Advisory Committee composed
of citizens who have been recommended to Chief Womack. The committee’s first meeting will
be April 19, 2007.
Committee of the Whole
April 11, 2007
Page 6
Councilmember Figueroa questioned Chief Womack whether the Police Department had been to
the Grangers house on other occasions regarding previous investigations. Chief Womack
confirmed that they had previously been to the Grangers home regarding other investigations.
Adjournment
Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers,
Sandor, Walters and Mayor Schock. Nays: None.
The meeting adjourned at 7:06 p.m.
s/Dolonna Mecum April 25, 2007
Dolonna Mecum, City Clerk Date Approved