City of Elgin City Council met Feb. 12.
Here is the minutes provided by the council:
The regular meeting of the Council of the City of Elgin, Illinois, was held in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Pledge of Allegiance was led by Robert Cagann, Fire Chief.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
Councilmember Steffen made a motion, seconded by Councilmember Gavin, to approve the January 22, 2020, 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.
RECOGNIZE PERSONS PRESENT
Tim Williams, Kenyon Farm Runners, outlined the groups plan to continue the Fox Trot for 2020 and asked for the city’s support.
Tia Aagesen stated the Sustainability Commission recommendation to have the Turf Quality Presentation referred to a work group for further research and public input.
PETITION 39-19; APPROVED FOR 13 N. STATE STREET – PLANNED DEVELOPMENT AS A CONDITIONAL USE TO ESTABLISH TWO UPPER FLOOR RESIDENTIAL UNITS WITHIN AN EXISTING TWO-STORY BUILDING
Marc Mylott, Community Development Director, outlined Petition 39-19. The petition would grant a conditional use to establish upper floor residential units. Staff and Planning and Zoning Commission were recommending approval subject to the conditions outlined.
Councilmember Steffen made a motion, seconded by Councilmember Dixon, to approve Petition 39-19 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PUBLIC HEARING REGARDING THE PROPOSED ISSUANCE BY THE CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES, ILLINOIS OF ITS REVENUE BONDS, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000
Mayor Kaptain declared the public hearing open. There was no discussion regarding the issuance of revenue bonds. Mayor Kaptain declared the public hearing closed.
ORDINANCE S1-20 PASSED APPROVING THE ISSUANCE BY THE CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES, ILLINOIS OF ITS REVENUE BOND, SERIES 2020 (VNA HEALTH CARE), IN ONE OR MORE SERIES, AND IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 WITH RESPECT TO CERTAIN HEALTH CARE FACILITIES OF VNA HEALTH CARE LOCATED IN THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS; AND APPROVING CERTAIN RELATED MATTERS
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE S1-20 IS ON FILE IN THE CITY CLERK’S OFFICE.
RESOLUTION 20-18 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR POLICE LIEUTENANT EXAM TESTING SERVICES IN CONNECTION WITH THE DESIGN OF POLICE LIEUTENANT AND ASSESSMENT CENTER PROJECT
Councilmember Dixon made a motion, seconded by Councilmember Steffen, 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. 20-18
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR POLICE LIEUTENANT EXAM TESTING SERVICES IN CONNECTION WITH THE DESIGN OF POLICE LIEUTENANT AND ASSESSMENT CENTER 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 Industrial/Organizational Solutions Inc., for police lieutenant exam testing services in connection with the design of police written exam and assessment center 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 12, 2020 Adopted: February 12, 2020 Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G6-20 and G7-20 and adopt Resolution Nos. 20-13 through 20-17 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 20-13 ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH DACRA TECH, LLC FOR THE PURCHASE OF AN E- CITATION ADJUDICATION MANAGEMENT SYSTEM
Councilmember Gavin 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. 20-13
RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH DACRA TECH, LLC FOR THE PURCHASE OF AN E-CITATION ADJUDICATION MANAGEMENT SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B9 the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests 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 License Agreement on behalf of the City of Elgin with DACRA Tech, LLC, for the purchase of an e-citation adjudication management system, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 12, 2020 Adopted: February 12, 2020 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 20-14 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIGICOM, INC. FOR THE PURCHASE OF AUTOMATED FIRE STATION ALERTING SYSTEM HARDWARE REPLACEMENT
Councilmember Gavin 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. 20-14
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIGICOM, INC. FOR THE PURCHASE OF AUTOMATED FIRE STATION ALERTING SYSTEM HARDWARE REPLACEMENT
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 Digicom Inc., for the purchase of automated fire station alerting system hardware replacement, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 12, 2020 Adopted: February 12, 2020 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 20-15 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN
Councilmember Gavin 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. 20-15
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
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 January 2019, through June, 2019 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. The need for confidentiality no longer exists as to all or parts of those executive session minutes set forth in Exhibit C and are available for public inspection.
Section 4. The destruction of the verbatim records of executive session meetings conducted more than eighteen (18) months prior to the date of this resolution and for which the minutes of such executive session meetings have previously been approved and released is hereby authorized.
Section 5. This resolution shall be in full force and effect from and after its passage.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 12, 2020 Adopted: February 12, 2020 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 20-16 ADOPTED AUTHORIZING EXECUTION OF A SALES AGREEMENT WITH STEPHEN M. KITE, JR. FOR TRANSFER OF A RETIRED POLICE CANINE
Councilmember Gavin 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. 20-16
RESOLUTION AUTHORIZING EXECUTION OF A SALES AGREEMENT WITH STEPHEN M. KITE, JR. FOR TRANSFER OF A RETIRED POLICE CANINE
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 Sales Agreement on behalf of the City of Elgin with Stephen M. Kite, Jr., for transfer of a police canine, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 12, 2020 Adopted: February 12, 2020 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 20-17 ADOPTED APPROVING SETTLEMENTS OF CERTAIN CLAIMS
Councilmember Gavin 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. 20-17
RESOLUTION
APPROVING SETTLEMENTS OF CERTAIN CLAIMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement with Country Mutual Insurance Company, as subrogee, regarding an occurrence on December 21, 2018, at 430 Illinois Avenue, Elgin, Illinois, which includes a payment in the total amount of $38,023.27 is approved.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 12, 2020 Adopted: February 12, 2020 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G6-20 PASSED AMENDING CHAPTER 2.57 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “AUXILIARY POLICE OFFICER”
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G6-20
AN ORDINANCE AMENDING CHAPTER 2.57 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "AUXILIARY POLICE OFFICER"
WHEREAS, 65 ILCS 5/3.2-30-20 provides for auxiliary police officers; and
WHEREAS, the City Council of the City of Elgin has previously adopted Chapter 2.57 of the Elgin Municipal Code, 1976, as amended, to provide for auxiliary police officers for the City of Elgin; and
WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6 of the 1970 Constitution of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government affairs; and
WHEREAS, the City Council has determined that it is beneficial and in the public interest to amend city ordinances relating to auxiliary police officers including, but not limited to, the functions, powers and duties of auxiliary police officers; and
WHEREAS, the establishment of an office of auxiliary police officer for the City of Elgin and provisions relating to the functions, powers and duties of such auxiliary police officers pertains to the government affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 2.57 of the Elgin Municipal Code, 1976, as amended, entitled "Auxiliary Police Officer" be and is hereby further amended in its entirety to read as follows:
"Chapter 2.57 AUXILIARY POLICE OFFICER
2.57.010: OFFICES; ESTABLISHED:
There is established the office of auxiliary police officer. Auxiliary police officers shall be appointed by the city manager, upon the recommendation of the Chief of Police, in such numbers as the corporate authorities shall from time to time deem necessary, which office shall be subject to the provisions of 65 Illinois Compiled Statutes 5/3.1-30-20, as amended, except as otherwise provided herein.
2.57.020: OFFICES; TERM:
Auxiliary police officers shall serve at the discretion of the city manager and may be removed from office at the will of the city manager. Auxiliary police officers shall receive such hourly compensation for their services as shall be determined by the corporate authorities.
2.57.030: FUNCTIONS; RESTRICTIONS:
A. Auxiliary police officers shall not be members of the regular police department, nor shall they supplement members of the regular police department in the performance of their assigned and normal duties, except as otherwise provided in this chapter. When it is impractical for members of the regular police department to perform those normal and regular police duties, however, the chief of police may assign auxiliary police officers to perform such normal and regular duties on a temporary basis to the extent permitted by law. Identification symbols worn by such auxiliary police officers shall be different and distinct from those used by members of the regular police department. Auxiliary police officers shall at all times during the performance of their duties be subject to the direction and control of the chief of police.
B. Auxiliary police officers, before entering upon any of their duties, shall receive a course of training in police procedures appropriate for the exercise of the powers conferred upon them under this chapter. The training and course of study shall be determined and provided by the chief of police. Before being permitted to carry a firearm, however, an auxiliary police officer must have the same course of training as required of peace officers under Section 2 of the Peace Officer and Probation Officer Firearm Training Act. Auxiliary police officers shall also be required to pass the police department's annual firearm proficiency/qualifications. No person shall be appointed as an auxiliary police officer if that person has been convicted of a felony.
2.57.040: USE OF FIREARMS:
Auxiliary police officers shall carry firearms only with the permission of the Chief of Police and while in uniform and in the performance of their duties.
2.57.050: POWERS AND DUTIES:
Auxiliary police officers, when on duty, shall be conservators of the peace and shall have the following powers and duties:
A. To arrest or cause to be arrested, with or without process, all persons who break the peace or are violating any municipal ordinance or any criminal law of the state;
B. To commit arrested persons for examination;
C. To direct traffic and assist in traffic control;
D. To assist in parade control and to keep peace in all large gatherings in and about the community;
E. To aid in the control of natural or manmade disasters and in case of civil disorder, and to assist in cases of riot, disaster and emergency control as directed by the chief of police;
F. To perform duties related to bond call, fleet maintenance and finger printing for community members;
F. To perform such other related duties as directed by the chief of police or the corporate authorities.
2.57.060: BOND:
The auxiliary police officer so appointed shall at the time of their appointment execute to the city a bond in the penal sum of five hundred dollars ($500.00) each, with surety approved by the city council, conditioned for the faithful performance of their duty as required by law.
2.57.070: ASSIGNMENTS:
A. Auxiliary police officers shall be assigned to details with primary duties as described in this chapter and that have a diminished probability for armed confrontations.
B. Auxiliary police officers will be assigned details primarily at Hemmens Auditorium, Gail Borden Library, police information desk, and crowd control and traffic direction at parades and festivals.
2.57.080: TRAINING; COMPENSATION:
While attending prescribed local training, auxiliary police officers shall be paid their regular hourly rate of pay for each hour of training attended.
Section 2. 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 3. 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 12, 2020 Passed: February 12, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 12, 2020 Published: February 14, 2020
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G7-20 PASSED CORRECTING A SCRIVENER’S ERROR IN ORDINANCE G54-19 AN ORDINANCE AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G25-01 (453 FREMONT STREET AND 454 HICKORY PLACE)
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G7-20
AN ORDINANCE CORRECTING A SCRIVENER'S ERROR IN ORDINANCE G54-19 AN ORDINANCE AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G25-01
(453 Fremont Street and 454 Hickory Place)
WHEREAS, the City Council of the City of Elgin adopted Ordinance No. G54-19 on October 23, 2019, which was an ordinance amending PCF Planned Community Facility District Ordinance No. G25-01, relating to 453 Fremont Street and 454 Hickory Place; and
WHEREAS, there was a scrivener's error in the reference to an ordinance in the second recital "WHEREAS" paragraph of such ordinance; and
WHEREAS, this ordinance in intended to correct such scrivener's error in Ordinance No. G54-19.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Ordinance No. G54-19 be and is hereby amended by amending the reference to Ordinance No. G15-01 in the second recital "WHEREAS" paragraph in such ordinance from "G15-01" to "G25-01".
Section 2. That with the sole exception of the correction of the scrivener's error as provided herein, Ordinance No. G54-19 shall remain in full force and effect.
Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 12, 2020 Passed: February 12, 2020 Omnibus Vote: Yeas: 9 Nays: 0
Recorded: February 12, 2020
Published: February 14, 2020
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Steffen made a motion, seconded by Councilmember Dixon, 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.
Foreign Fire Insurance Tax Board, January 27, 2020 Human Relations Commission January 7, 2020
Parks and Recreation Advisory Board, October 29, 2019 Planning and Zoning Commission, November 4, 2019 Retiree Health Insurance Trust, November 4, 2019 Committee of the Whole Minutes for January 8, 2020 City Council Minutes for January 8, 2020
Sales Tax Revenue
Electricity Tax Revenue
Natural Gas Tax Revenue
Motor Fuel Tax Revenue Telecommunications Tax Revenue Alcoholic Liquor Tax Revenue Video Gaming Tax Revenue
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dixon made a motion, seconded by Councilmember Steffen, 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 7:15 p.m.
https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/6813
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