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City of Elgin City Council Met October 14

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City of Elgin City Council met Oct. 14.

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 Mayor David Kaptain.

ROLL CALL

Roll call was answered by Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. Councilmembers Gavin, Lopez, and Rauschenberger attended via electronic means. This was allowed with the provision from Public Act 101-0640.

MINUTES OF THE SEPTEMBER 23, 2020, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the September 23, 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.

COMMUNICATIONS

National Red Ribbon Week Proclamation Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, alcohol and drug abuse in this Nation have reached epidemic stages and it is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and

WHEREAS, the National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles; and

WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week, October 23-31; and

WHEREAS, business, government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign; and

WHEREAS, the Coalition for a Safe & Healthy Elgin further commits its resources to ensure the success of the Red Ribbon Campaign.

NOW, THEREFORE, I David Kaptain, Mayor of Elgin, do hereby proclaim October 23 through October 31, as RED RIBBON WEEK, and encourage all citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Elgin.

IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of October, 2020.

David J. Kaptain 

Mayor

Crop Hunger Walk Day in Elgin Proclamation Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, healthy food is essential to thriving, to growth and to a prosperous, long life, but those without land to grow food or money to buy it are likely to suffer from hunger; and

WHEREAS, 800 million people around the world are hungry, including 11 to 12 percent of Americans, 3.2 million children die from hunger each year and 66 million primary school age children around the world go to school hungry, with one in five American schoolchildren who risk going to school hungry; and

WHEREAS, the CROP Hunger Walk has been organizing cities and towns across America to fight hunger around the world and in their communities for 50 years and Elgin has been a part of the CROP Hunger Walk since 1983, raising over $649,000 in the fight against hunger; and

WHEREAS, Fred Steffen, the Honorary Chairman of the 2020 CROP Hunger Walk, was the person who had the vision to connect local with global problems, and inspire people to take action and be a part of the solution in the 1970 CROP Walk; and

WHEREAS, this year’s CROP Hunger Walk will be a “virtual walk” in order to keep individuals safe as they raise funds for Elgin’s food pantries and soup kitchens as well as Church World Service and by participating in the CROP Hunger Walk, attention can be drawn not only to the problems of hunger, but also to solutions, improving the quality of life of all of our neighbors, no matter where they live, and supporting thriving livelihoods for all people.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Sunday, October 18, 2020 as CROP HUNGER WALK DAY in Elgin and encourage all citizens to support observances that raise public awareness concerning hunger and poverty, their causes and their solutions.

IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of October, 2020.

David J. Kaptain 

Mayor

RECOGNIZE PERSONS PRESENT

Grace Richard, via email, stated her concerns regarding the DC Cook property and the landmark status.

Karin Jones stated her concerns regarding the DC Cook property, landmark status and alternative plans for the property.

Matthew Thomas stated his concerns regarding the Student Resource Officer program. Sherry Liske asked for the city’s support for PADS in their relocation efforts. Demetrius Smith stated his concerns regarding the Student Resource Officer program

SUBURBAN PURCHASING COOPERATIVE AGREEMENT APPROVED WITH CURRIE MOTORS TO PURCHASE A 2020 FORD F-250 XL PICKUP

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to authorize the purchase of a 2020 Ford F-250 XL pickup from Currie Motors in the amount of $36,608 to replace the Shift Battalion Chief Response vehicle. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

SUBURBAN PURCHASING COOPERATIVE AGREEMENT APPROVED WITH KUNES COUNTRY FORD TO PURCHASE 2020 FORD EXPLORER

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to authorize the purchase of a 2020 Ford Explorer from Kunes Country Ford in the amount of $28,794 plus the installation of emergency lighting and radios for a total of $36,380 to replace the current Fire Administrative vehicle to provide a more reliable emergency response vehicle. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

JOINT PURCHASING PROGRAM AGREEMENT APPROVED WITH COMPASS MINERALS AMERICA INC. FOR THE PURCHASE OF 2020-2021 BULK ROAD SALT

Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve the 2020-2021 purchase of bulk road salt from Compass Minerals America Inc. pursuant to and through the State of Illinois Central Management Services joint purchasing master contact (JPMC) Rock Salt Bulk in the amount of $1,064,910. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

PETITION 20-20 APPROVED FOR 558-590 MADISON LANE FOR A MAP AMENDMENT TO PLANNED DEVELOPMENT TO ALLOW SIX TWO-UNIT BUILDINGS INSTEAD OF THREE FIVE-UNIT BUILDINGS IN MADISON HOMES OF ELGIN SUBDIVISION

Marc Mylott, Community Development Director, outlined Petition 20-20 for 558-590 Madison Lane. The petition allows for an amendment for a planned development to allow six two-unit buildings instead of three five-unit buildings. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petition 20-20 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

PETITION 21-20 APPROVED FOR 633 E. CHICAGO STREET FOR CONDITIONAL USE TO ESTABLISH A PHYSICAL FITNESS FACILITY FOR GROUP EXERCISE CLASSES

Marc Mylott, Community Development Director, outlined Petition 21-20 for 633 E. Chicago Street. The petition allows for a conditional use to establish a physical fitness facility for group exercise classes. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Dixon made a motion, seconded by Councilmember Martinez, to approve Petition 21-20 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

PETITION 22-20 APPROVED FOR ZONING ORDINANCE TEXT AMENDMENT TO MODIFY THE CANNABIS BUSINESS ESTABLISHMENTS’ SEPARATION REQUIREMENT FROM PARKS AND FOREST PRESERVES

Marc Mylott, Community Development Director, outlined Petition 22-20. The petition allows for a text amendment to modify the cannabis business establishments’ separation requirement from parks and forest preserves. Staff and Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve Petition 22-20 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 20-130 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOR ECONOMIC DEVELOPMENT SERVICES

There was discussion regarding the increase to the cost of the agreement.

Councilmember Shaw made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Martinez.

Resolution No. 20-130

RESOLUTION

AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOR ECONOMIC DEVELOPMENT SERVICES

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 Purchase of Services Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association of Elgin for economic development services, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain 

David J. Kaptain, Mayor

Presented: : October 14, 2020 

Adopted: : October 14, 2020 

Vote: Yeas: 8 Nays: 1

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G39-20 PASSED AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE ALIGNMENT COLLABORATIVE FOR EDUCATION, INC. FOR OPERATIONS AT 31 S. GROVE AVENUE

Councilmember Martinez made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw and Steffen. Nays: None. Councilmember Dixon and Mayor Kaptain abstained.

Ordinance No. G39-20

AN ORDINANCE

AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE ALIGNMENT COLLABORATIVE FOR EDUCATION, INC. FOR OPERATIONS AT 31 S. GROVE AVENUE

BE IT ORDAINED 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 Commercial Lease Agreement on behalf of the City of Elgin with the Alignment Collaborative for Education Inc., for operations at 31 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 14, 2020

Passed: October 14, 2020

Vote: Yeas: 7 Nays: 0 Abstain: 2 

Recorded: October 14, 2020 

Published: October 16, 2020

Attest:

s/ Kimberly Dewis 

Kimberly Dewis, City Clerk

ORDINANCE G40-20 PASSED AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOR OPERATIONS AT 31 S. GROVE AVENUE

Councilmember Martinez made a motion, seconded by Councilmember Gavin, 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. G40-20

AN ORDINANCE

AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOR OPERATIONS AT 31 S. GROVE AVENUE

BE IT ORDAINED 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 Commercial Lease Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association of Elgin, for operations at 31 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 14, 2020 

Passed: October 14, 2020 

Vote: Yeas: 9 Nays: 0 

Recorded: October 14, 2020 

Published: October 16, 2020

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G41-20 PASSED AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE FOR OPERATIONS AT 31 S. GROVE AVENUE

Councilmember Martinez made a motion, seconded by Councilmember Shaw, 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. G41-20

AN ORDINANCE

AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE ELGIN AREA CHAMBER OF COMMERCE FOR OPERATIONS AT 31 S. GROVE AVENUE

BE IT ORDAINED 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 Commercial Lease Agreement on behalf of the City of Elgin with the Elgin Area Chamber of Commerce, for operations at 31 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 14, 2020 

Passed: October 14, 2020 

Vote: Yeas: 9 Nays: 0 

Recorded: October 14, 2020 

Published: October 16, 2020

Attest:

s/ Kimberly Dewis 

Kimberly Dewis, City Clerk

s/ David J. Kaptain 

David J. Kaptain, Mayor

ORDINANCE G42-20 PASSED AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA FOR OPERATIONS AT 31 S. GROVE AVENUE

Councilmember Shaw 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. G42-20

AN ORDINANCE

AUTHORIZING EXECUTION OF A COMMERCIAL LEASE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA FOR OPERATIONS AT 31 S. GROVE AVENUE

BE IT ORDAINED 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 Commercial Lease Agreement on behalf of the City of Elgin with the Elgin Symphony Orchestra, for operations at 31 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: October 14, 2020 

Passed: October 14, 2020 

Vote: Yeas: 9 Nays: 0 

Recorded: October 14, 2020 

Published: October 16, 2020

Attest:

s/ Kimberly Dewis Kimberly Dewis, City Clerk

CONSENT AGENDA

By unanimous consent, Councilmember Shaw made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G38-20 and adopt Resolution Nos. 20-120, 20-124 through 20-129 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 20-120 ADOPTED AUTHORIZING EXECUTION OF A PLAT OF EASEMENT VACATION FOR A CITY EASEMENT AND PUBLIC UTILITY EASEMENT AT 2661 & 2671 GALVIN COURT (NEWHAVEN DISPLAY)

Councilmember Shaw 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. 20-120

RESOLUTION

AUTHORIZING EXECUTION OF A PLAT OF EASEMENT VACATION FOR A CITY EASEMENT AND PUBLIC UTILITY EASEMENT AT 2661 & 2671 GALVIN COURT (Newhaven Display)

WHEREAS, the development of the property commonly known as 2661 and 2671 Galvin Court, Elgin, Illinois (the "Subject Property") previously included a certain city easement recorded as Document No. 2015K011797 (the "City Easement"), in which was located a certain city watermain (the "City Watermain"), and a public utility easement recorded as Document No. 2007K121564 (the "Public Utility Easement"); and

WHEREAS, the owner of the Subject Property has requested that the City of Elgin in connection with the City Easement and the City of Elgin and other public utilities in connection with the Public Utility Easement vacate such City Easement and Public Utility Easement to allow for the owner to construct an addition on the Subject Property; and

WHEREAS, pursuant to Resolution No. 15-27, the City of Elgin previously accepted the City Easement for watermain purposes from the owner of the Subject Property and accepted for ownership and maintenance the City Watermain located within such City Easement; and

WHEREAS, as part of owner's additional development of the Subject Property the owner has removed a portion of the City Watermain previously located in said City Easement, and will maintain the remaining portion of the watermain as a private service for the building on the Subject Property; and

WHEREAS, the city's agreement to vacate the subject City Easement requires the owner to own and maintain the remaining portion of the watermain to be used by the owner as a private service for the building on the Subject Property.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves a certain plat of vacation prepared by Haeger Engineering., dated January 13, 2020 providing for the vacation of the specified City Easement and Public Utility Easement, for the Subject Property legally described and depicted on such plat of vacation attached hereto as Exhibit A (the "Plat of Easement Vacation").

BE IT FURTHER RESOLVED, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute the Plat of Easement Vacation.

BE IT FURTHER RESOLVED, that the city's previous acceptance of the City Watermain located within the subject City Easement be and is hereby vacated and repealed, and the remaining portion of the watermain located in the City Easement premises being vacated pursuant to the attached Plat of Easement Vacation, is and shall be owned and maintained by the owner of the Subject Property to be used as a private service for the building on the Subject Property.

BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to cause the Plat of Easement Vacation to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: : October 14, 2020 

Adopted: : October 14, 2020 

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 20-124 ADOPTED AUTHORIZING EXECUTION OF A MASTER SERVICES AGREEMENT WITH STRAND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS

Councilmember Shaw 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. 20-124

RESOLUTION

AUTHORIZING EXECUTION OF A MASTER SERVICES AGREEMENT WITH STRAND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS

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 Master Services Agreement on behalf of the City of Elgin with Strand Associates Inc., for professional services in connection with various utility division projects, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: : October 14, 2020 

Adopted: : October 14, 2020 

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis Kimberly Dewis, City Clerk

RESOLUTION 20-125 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH CITY OF ELGIN STRUCTURE INVENTORY

Councilmember Shaw 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. 20-125

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH CITY OF ELGIN STRUCTURE INVENTORY

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 HR Green Inc., for professional services in connection with City of Elgin structure inventory, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: : October 14, 2020 

Adopted: : October 14, 2020 

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis 

Kimberly Dewis, City Clerk

RESOLUTION 20-126 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT AND SUPPLEMENTAL AGREEMENT TIERED APPROACH TO CORRECTIVE-ACTION OBJECTIVES WITH SPEEDWAY LLC IN CONNECTION WITH THE ENVIRONMENTAL REMEDIATION OF 1570 BIG TIMBER ROAD

Councilmember Shaw 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. 20-126

RESOLUTION

AUTHORIZING EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT AND SUPPLEMENTAL AGREEMENT TIERED APPROACH TO CORRECTIVE-ACTION OBJECTIVES WITH SPEEDWAY LLC IN CONNECTION WITH THE ENVIRONMENTAL REMEDIATION OF 1570 BIG TIMBER ROAD

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a Highway Authority Agreement on behalf of the City of Elgin with Speedway LLC, in connection with the environmental remediation of 1570 Big Timber Road, a copy of which is attached hereto and made a part hereof by reference.

BE IT FURTHER 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 Supplemental Agreement Tiered Approach to Corrective- Action Objectives on behalf of the City of Elgin with Speedway LLC, in connection with the environmental remediation of 1570 Big Timber Road, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: : October 14, 2020 

Adopted: : October 14, 2020 

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis 

Kimberly Dewis, City Clerk

RESOLUTION 20-127 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH 200 AIRPORT LLC (200 AIRPORT ROAD)

Councilmember Shaw 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. 20-127

RESOLUTION

AUTHORIZING EXECUTION OF AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH 200 AIRPORT LLC

(200 Airport Road)

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 an Economic Development Incentive Agreement on behalf of the City of Elgin with 200 Airport LLC, for economic development assistance in connection with the development of 200 Airport Road, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: : October 14, 2020 

Adopted: : October 14, 2020 

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 20-128 ADOPTED AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND CLERICAL TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73

Councilmember Shaw 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. 20-128

RESOLUTION

AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND CLERICAL TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly Dewis, City Clerk, be and are hereby authorized and directed to execute an Extension Agreement to the Collective Bargaining Agreement on behalf of the City of Elgin with the Clerical Technical Group Service Employees International Union Local 73, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: : October 14, 2020 

Adopted: : October 14, 2020 

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 20-129 ADOPTED AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND THE PERMANENT PART-TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73

Councilmember Shaw 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. 20-129

RESOLUTION

AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ELGIN AND THE PERMANENT PART-TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly Dewis, City Clerk, be and are hereby authorized and directed to execute an Extension Agreement to the Collective Bargaining Agreement on behalf of the City of Elgin with the Permanent Part-Time Maintenance and Custodian Employee Group Service Employees International Union Local 73, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: : October 14, 2020 

Adopted: : October 14, 2020 

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G38-20 PASSED PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A DEFINED AREA OF THE CITY OF ELGIN NEAR THE INTERSECTION OF BIG TIMBER ROAD AND MCLEAN BOULEVARD

Councilmember Shaw 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. G38-20

AN ORDINANCE

PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A DEFINED AREA OF THE CITY OF ELGIN NEAR THE INTERSECTION OF BIG TIMBER ROAD AND MCLEAN BOULEVARD

WHEREAS, certain properties in the City of Elgin, near the intersection of Big Timber Road and McLean Boulevard has been used over a period of time for commercial/industrial purposes; and

WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the property depicted in Exhibit A may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and

WHEREAS, the City of Elgin desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of chemical constituents; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. Recitals. The foregoing recitals are incorporated herein as findings of the Mayor and City Council.

Section 2. Definitions. The terms and words used in this ordinance shall be used, interpreted and defined as set forth in this Section:

“Person” shall mean any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns.

“Potable water” shall mean any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or watering gardens in which produce intended for human consumption is grown.

“the Property” shall mean that real property near the intersection of Big Timber Road and McLean Boulevard, in the City of Elgin, Kane County, Illinois, depicted in the exhibit prepared by ATC Group Services, LLC entitled Proposed Groundwater Ordinance Area dated April 20, 2020, and listed within the property descriptions, attached hereto and made a part hereof as Exhibit A.

Section 3. Use of groundwater as a potable water supply prohibited. The use or attempt to use as a potable water supply, groundwater from the Property, by the installation or drilling of wells on or at the Property or by any other method on or at the Property is hereby prohibited.

Section 4. Restrictions binding on City. Except for the provisions of Section 5, all restrictions contained in this ordinance shall be binding on the City.

Section 5. Penalties. Any person violating the provisions of this section shall be subject to a fine of up to $500.00 for each violation.

Section 6. Repealer. All ordinances or parts of ordinances in conflict with this section are hereby repealed insofar as they are in conflict with this section.

Section 7. Severability. If any provision of this section or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the section as a whole or of any portion not adjudged invalid.

Section 8. Effective Date. 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: October 14, 2020 

Passed: October 14, 2020 

Omnibus Vote: Yeas: 9 Nays: 0 

Recorded: October 14, 2020 

Published: October 16, 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 Martinez, 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.

E-911 Board, August 20, 2020

Board of Health, July 13, 2020

Human Relations Commission, September 1, 2020

Parks and Recreation Advisory Board, January 28, 2020 

Sustainability Commission, June 30, August 6 and 11, 2020 

Committee of the Whole Minutes, September 9, 2020

City Council Minutes, September 9, 2020

Sales Tax Revenue

Electricity Tax Revenue

Natural Gas Tax Revenue

Motor Fuel Tax Revenue

Telecommunications Tax Revenue

Alcoholic Liquor Tax Revenue

Cannabis Revenue

Video Gaming Revenue

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

Councilmember Dixon made a motion, seconded by Councilmember Martinez, 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 7:55 p.m.

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/7058

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