City of Elgin City Council met Feb. 10

By Philip Gonzales

Mar 24, 2021

City of Elgin City Council met Feb. 10.

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 7:05 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. All members, with the exception of Councilmembers Martinez, Shaw and Mayor Kaptain, attended via electronic means. This was allowed at this time granted by Governor Pritzker’s Executive Order 2020-07.

MINUTES OF THE JANUARY 27, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Martinez made a motion, seconded by Councilmember Shaw, to approve the January 27, 2021, regular 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.

Food for Greater Elgin 10 Year Anniversary

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, In 2010, community leaders affiliated with various businesses, churches, organizations and social services met to discuss growing food insecurity in the greater Elgin area and as a result of those discussions, Food for Greater Elgin was formed in January of 2011; and

WHEREAS, In September of 2011, Food for Greater Elgin leased a 9,400 square foot warehouse /office complex in Elgin and held its first client-choice food distribution on November 12, 2011; and

WHEREAS, Food for Greater Elgin adheres to the client-choice distribution model which offers clients a choice of food items rather than pre-bagged groceries, which model has a proven record of lower food waste and preserves the dignity of clients, and in the face of the coronavirus pandemic, Food for Greater Elgin has expanded its services to deliver food to seniors, people homebound due to illness and low income neighborhoods; and

WHEREAS, Food for Greater Elgin is providing food assistance to more than 4,400 households equating to over 13,000 individuals, of whom approximately 34% are children, 18% are elderly and 13% of the families coming each month are new; and

WHEREAS, Food for Greater Elgin is one of the top three largest food pantries associated with Northern Illinois Food Bank in a 13-county wide area, based on the number of people served and the total poundage of food distributed yearly.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby congratulate Food for Greater Elgin on reaching its 10th anniversary and express our deep appreciation for their dedication to those in need, the community and the City of Elgin.

IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of February, 2021.

David J. Kaptain

Mayor

This Is It! Hair World Proclamation

Mayor Kaptain read the following proclamation:

PROCLAMATION

WHEREAS, February has been designated as Black History Month where all citizens are encouraged to reflect on the sacrifices and contributions made by generations of African Americans and resolve to recognize long-standing local African-American business owners who have made important contributions and are advocates in our community; and

WHEREAS, One such family business is owned by Charles and Sandra Annan and began in 1993 in West Dundee as the This Is It! Beauty and Barber Salon, relocated to 805 Dundee Avenue in Elgin in 2005 and transitioned in 2017 to This Is It! Hair World; and

WHEREAS, This Is It! Hair World specializes in selling confidence and strives to make their customers motivated, feel good and look good while educating them on products and their uses; and

WHEREAS, This Is It! Hair World carries a wide variety of items for women and men of all ethnicities and hopes to franchise in order to bring beauty supplies to surrounding and underserved communities; and

WHEREAS, The City of Elgin appreciates the efforts of Charles and Sandra Annan of This Is It! Hair World in their dedication to family and their business and promoting the aspirations of the African-American community.

NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby ask all citizens to join me in honoring Charles and Sandra Annan of This Is It! Hair World for their dedication to their business, the community and the City of Elgin.

IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of February, 2021.

David J. Kaptain

Mayor

PUBLIC COMMENTS

City resident and wife of city employee stated her concerns regarding the firefighters receiving a pay increase while other city employees have received pay cuts and furloughs.

Sherry Liske commented on the Police Department budget and the need for social services. Anthony Centimano commented on proposed changes within the Fire Department. Meg Bucaro commented on proposed changes within the Fire Department.

ORDINANCE G9-21 PASSED AMENDING SECTION 2.52.165 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "INTERNAL INVESTIGATIONS", REGARDING INTERNAL INVESTIGATIONS OF MEMBERS AND EMPLOYEES OF THE POLICE DEPARTMENT

There was discussion regarding the proposed change and its impact on the Request for Proposal process.

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

Ordinance No. G9-21

AN ORDINANCE

AMENDING SECTION 2.52.165 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "INTERNAL INVESTIGATIONS", REGARDING INTERNAL INVESTIGATIONS OF MEMBERS AND EMPLOYEES OF THE POLICE DEPARTMENT

WHEREAS, the City Council has determined to amend certain procedures relating to internal investigations regarding alleged misconduct of members of the city's police department; and

WHEREAS, pursuant to Article VII, Section 6 of the Illinois Constitution, 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, the establishment and amendment of procedures relating to internal investigations regarding allegations of misconduct by members and employees of the city's police department 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 foregoing recitals are hereby incorporated into this ordinance in their entirety by this reference, as if fully restated herein.

Section 2. That Section 2.52.165 of the Elgin Municipal Code, 1976, as amended, entitled "Internal Investigations:" be and is hereby further amended to read as follows:

"2.52.165: INTERNAL INVESTIGATIONS:

Internal investigations regarding allegations of misconduct of sworn police officers or other employees of the Elgin Police Department shall be conducted by an independent outside person or entity retained by the city for any of the following types of matters: use of force; breach of civil rights; discrimination; criminal misconduct; incidents where a police officer or a citizen sustain a serious injury or death; or any other formal investigations defined as any matter that may be the basis for filing charges seeking removal, discharge or suspension in excess of three (3) days. The outside person or entity retained by the city to conduct such internal investigations shall simultaneously issue written findings in a report to the chief of police, the mayor and members of the city council on any such investigation. All city officers and employees are required to cooperate in such investigations conducted by such an outside person or entity. Any outside person or entity retained by the city to conduct such an internal investigation shall not be a current or former member of law enforcement or related to a current or former member of law enforcement. For the purposes of this section, related to a current or former member of law enforcement shall mean currently working within the same firm or company with a current or former member of law enforcement or having a member of such person's family as a current or former member of law enforcement. For the purposes of this section, members of such person's family shall be defined to mean such person's spouse, fiancé, children, parents, siblings, in-law parents or in-law siblings. Notwithstanding the foregoing, the city council may in its discretion select an outside entity to conduct such internal investigations which has working within the same firm or company a current or former member of law enforcement, provided however, in such event, such current or former member of law enforcement shall not participate in or have any involvement with any such internal investigation."

Section 3. 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 4. 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 10, 2021

Passed: February 10, 2021

Vote: Yeas: 8 Nays: 1

Recorded: February 10, 2021

Published: February 12, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-22 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LAW FIRM OF OTTOSEN, DINOLFO, HASENBALG & CASTALDO, LTD. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE POLICE INTERNAL INVESTIGATIONS.

There was discussion regarding the number of pending cases and estimated costs for the first year of the contract.

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

Resolution No. 21-22

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LAW FIRM OF OTTOSEN, DINOLFO, HASENBALG & CASTALDO, LTD. FOR PROFESSIONAL SERVICES IN CONNECTION WITH POLICE INTERNAL INVESTIGATIONS 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 the Law Firm of Ottosen, DiNolfo, Hasenbalg & Castaldo, LTD, for professional services in connection with police internal investigations, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 10, 2021

Adopted: February 10, 2021

Vote: Yeas: 8 Nays: 1

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-23 ADOPTED ACCEPTING GRANT OF THE DEPARTMENT OF JUSTICE FY2019 AND FY2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD FOR TRAINING AND SOFTWARE PURCHASES AND RATIFYING THE EXECUTION OF INTERGOVERNMENTAL AGREEMENTS RELATING THERETO

Councilmember Martinez made a motion, seconded by Councilmember Shaw, 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. 21-23

RESOLUTION

ACCEPTING GRANT OF THE DEPARTMENT OF JUSTICE FY2019 AND FY2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD FOR TRAINING AND SOFTWARE PURCHASES AND RATIFYING THE EXECUTION OF INTERGOVERNMENTAL AGREEMENTS RELATING THERETO

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Department of Justice FY2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award in the amount of $12,281 and ratifying the execution of an Intergovernmental Agreement between the City of Aurora, the City of Elgin and the County of Kane, Justice Assistance Grant (JAG) Program Award by Richard G. Kozal, City Manager, regarding training and software purchases.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the City of Elgin, Illinois hereby accepts the Department of Justice FY2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award in the amount of $11,610 and ratifying the execution of an Intergovernmental Agreement between the City of Aurora, the City of Elgin and the County of Kane, Justice Assistance Grant (JAG) Program Award by Richard G. Kozal, City Manager, regarding training and software purchases.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 10, 2021

Adopted: February 10, 2021

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-24 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 416 SUMMIT STREET

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. 21-24

RESOLUTION

AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT

FOR THE PURCHASE OF 416 SUMMIT STREET

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 real estate contract on behalf of the City of Elgin with Integrity Investment REO Holdings, LLC, for the purchase of the property commonly known as 416 Summit Street for $52,500, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 10, 2021

Adopted: February 10, 2021

Vote: Yeas: 9 Nays: 0

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 Nos. G7-21 and G8-21, as well as adopt Resolution Nos. 21-14 through 21-21 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 21-14 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL DESIGN ENGINEERING SERVICES FOR ROADWAY IMPROVEMENTS IN CONNECTION WITH THE 2021 COLUMBINE SQUARE RESURFACING PROJECT

Resolution No. 21-14

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL DESIGN ENGINEERING SERVICES FOR ROADWAY IMPROVEMENTS IN CONNECTION WITH THE 2021 COLUMBINE SQUARE RESURFACING PROJECT

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 Burns & McDonnell Engineering Company, Inc., for professional design engineering services for roadway improvements in connection with the 2021 Columbine Square Resurfacing 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 10, 2021

Adopted: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-15 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHASTAIN & ASSOCIATES, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 NEAR WEST NEIGHBORHOOD RESURFACING PROJECT

Resolution No. 21-15

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHASTAIN & ASSOCIATES, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 NEAR WEST NEIGHBORHOOD RESURFACING PROJECT

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 Chastain & Associates, LLC, for professional services in connection with the 2021 Near West Neighborhood Resurfacing 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 10, 2021

Adopted: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-16 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 WESTSIDE AREA RESURFACING PROJECT

Resolution No. 21-16

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 WESTSIDE AREA RESURFACING PROJECT

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 Engineering Enterprises, Inc., for professional services in connection with the 2021 Westside Area Resurfacing 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 10, 2021

Adopted: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-17 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 NORTHEAST AREA RESURFACING PROJECT

Resolution No. 21-17

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 NORTHEAST AREA RESURFACING PROJECT

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 2021 Northeast Area Resurfacing 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 10, 2021

Adopted: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-18 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 GIFFORD PARK RESURFACING PROJECT

Resolution No. 21-18

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 GIFFORD PARK RESURFACING PROJECT

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 the 2021 Gifford Park Resurfacing 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 10, 2021

Adopted: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-19 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH ARROW ROAD CONSTRUCTION FOR THE 2020 MAINTENANCE RESURFACING PROGRAM – WING STREET (BID NO. 20-033)

Resolution No. 21-19

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 AND FINAL WITH ARROW ROAD CONSTRUCTION FOR THE 2020 MAINTENANCE RESURFACING PROGRAM – WING STREET (BID NO. 20-033)

WHEREAS, the City of Elgin has heretofore entered into a contract with the Arrow Road Construction for the 2020 maintenance resurfacing program – Wing Street (Bid No. 20-033); and

WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 10, 2021

Adopted: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-20 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 6 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES FOR LORD STREET BASIN COMBINED SEWER SEPARATION – PHASE V AND VI IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION – STANDISH/ELM PROJECT

Resolution No. 21-20

RESOLUTION

AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 6 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES FOR LORD STREET BASIN COMBINED SEWER SEPARATION – PHASE V AND VI IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION – STANDISH/ELM PROJECT

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. 6 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc., for construction engineering activities for Lord Street basin combined sewer separation – Phase V and VI in connection with the 2014 Neighborhood Street Rehabilitation and Combined Sewer Separation – Standish/Elm 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 10, 2021

Adopted: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-21 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH THE DAVEY TREE EXPERT COMPANY FOR THE PARKWAY TREE TRIMMING CONTRACT (BID NO. 20-004)

Resolution No. 21-21

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH THE DAVEY TREE EXPERT COMPANY FOR THE PARKWAY TREE TRIMMING CONTRACT (BID NO. 20-004)

WHEREAS, the City of Elgin has heretofore entered into a contract with the Davey Tree Expert Company for parkway tree trimming (Bid No. 20-004); and

WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 10, 2021

Adopted: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G7-21 PASSED GRANTING A CONDITIONAL USE FOR A FOOD AND KINDRED PRODUCTS MANUFACTURING IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G26-01 AS AMENDED BY ORDINANCE NO. G56-12 (2820 GALVIN DRIVE)

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. G7-21

AN ORDINANCE

GRANTING A CONDITIONAL USE FOR A FOOD AND KINDRED PRODUCTS MANUFACTURING IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G26-01 AS AMENDED BY ORDINANCE NO. G56-12 (2820 Galvin Drive)

WHEREAS, written application has been made requesting conditional use approval to establish a breadcrumb manufacturing facility, a food and kindred products manufacturing, at 2820 Galvin Drive; and

WHEREAS, the zoning lot with the building containing the premises at 2820 Galvin Drive is legally described herein (the “Subject Property”); and

WHEREAS, the Subject Property is located within the PORI Planned Office Research Industrial District established by Ordinance No. G26-01, as amended by Ordinance No. G56-12, and a food and kindred products manufacturing is listed as a conditional use within the PORI Planned Office Research Industrial District; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on January 4, 2021 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 PORI Planned Office Research Industrial 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 4, 2021, 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 breadcrumbs manufacturing facility, a food and kindred products manufacturing, is hereby granted for the property commonly known as 2820 Galvin Drive, which is part of the property commonly identified by Kane County Property Index Number 03-19-326-032, and legally described as follows:

PARCEL 1:

The East 16.61 feet of Lot 60 (as measured at right angles to the east line thereof) and all of Lots 61 through 68 in Northwest Business Park, being a subdivision of part of the Southwest ¼ and the Southeast ¼ of Section 19, Township 42 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded January 12, 2001 as Document 2001K004159 in the City of Elgin, Kane County, Illinois.

PARCEL 2:

Easement for access for benefit of Parcel One as described in and created by the instrument recorded November 13, 2001 as Document 2001K119620

Commonly known as 2800-2880 Galvin Drive

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 Bianchi Breadcrumb Corp, as applicant, and TLF Northwest Business Park LLC, as property owner, received November 10, 2020 and supporting documents including:

a. The Statement of Purpose and Conformance letter from Bianchi Breadcrumb Corporation dated November 27, 2020;

b. ALTA/ACSM Land Title Survey of Northwest Business Park I, prepared by Cowhey Gudmundson Leder, Ltd., dated March 10, 2011;

c. Undated Northwest Business Park I 2820 Galvin Drive Elgin IL building floor plan, received November 27, 2020, with such further revisions as required by the Community Development Director;

d. Floor Plan, prepared by Harris Architects Inc., dated May 1, 2015, with such further revisions as required by the Community Development Director;

e. Undated and untitled equipment layout plan, received November 27, 2020, with such further revisions as required by the Community Development Director; and f. Undated and untitled wall sign plan, received November 27, 2020, with such further revisions as required by the Community Development Director.

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.

2. All street graphics must comply with the zoning ordinance requirements. 3. Compliance with all applicable codes and ordinances.

Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: February 10, 2021

Passed: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: February 10, 2021

Published: February 12, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G8-21 PASSED AMENDING ORDINANCE NO. G9-01, AS AMENDED BY ORDINANCE NO. G56-18 FOR A PORTION OF A PAB PLANNED AREA BUSINESS DISTRICT (351-365 SOUTH RANDALL ROAD)

Ordinance No. G8-21

AN ORDINANCE

AMENDING ORDINANCE NO. G9-01, AS AMENDED BY ORDINANCE NO. G56-18 FOR A PORTION OF A PAB PLANNED AREA BUSINESS DISTRICT

(351-365 South Randall Road)

WHEREAS, the territory herein described has been classified in the PAB Planned Area Business District, and is subject to the requirements of Ordinance No. G9-01; and

WHEREAS, by adopting Ordinance No. G56-18 on September 26, 2018, the City Council amended certain provisions of PAB Planned Area Business District established by Ordinance No. G9-01 pertaining to the property commonly referred to as 351-365 South Randall Road (the “Subject Property”);

WHEREAS, written application has been made to further amend Ordinance No. G9-01, as amended by Ordinance No. G56-18, to allow the establishment of a restaurant with the construction of a drive-through facility at 351 South Randall Road; and

WHEREAS, the zoning lot with the building containing the premises at 351-365 South Randall Road is legally described in Ordinance No. G56-18 (the “Subject Property”); and

WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on January 4, 2021 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 an amendment to the PAB Planned Area Business District established by Ordinance No. G9-01, as amended by Ordinance No. G56-18, 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 2. That Section 3 of Ordinance No. G56-18, which regulates “Land Use” in the PAB Planned Area Business District of the Subject Property, is hereby amended by eliminating the following use from the list of uses not allowed as a permitted use in the PAB District:

13. Drive thru facilities.

Section 3. That Section 6. C. of Ordinance No. G9-01, which regulates “Site Design”, which was re-lettered to Section 6. F. by Ordinance No. G56-18, is hereby further amended with respect to the Subject Property by adding the following additional conditions:

In this PAB Planned Area Business District, except as otherwise provided for herein, the development of the Subject Property shall be subject to the following additional conditions:

11. Substantial conformance to the Development Application submitted by Randall Rd Real Estate LLC, as applicant, and LAD Properties, LLC. as property owner, received October 28, 2020, and supporting documents including:

a. A letter regarding: “Dunkin and Baskin Robins – New interior build-out and construction of a drive-thru facility”, dated November 25, 2020;

b. ALTA/ACSM Land Title Survey, prepared by Landmark Engineering Group, Inc., dated January 14, 2003;

c. Site Plan, Directional Sign Plans, & Site Details, Sheet SP-1.0, prepared by MRV Architects, Inc., dated November 25, 2020, last revised December 15, 2020, with such further revisions as required by the Community development Director;

d. Equipment Plan, Sheet K 1.0, prepared by MRV Architects, Inc., dated November 25, 2020, with such further revisions as required by the Community development Director;

e. Exterior Elevations, Sheet ELEV, prepared by MRV Architects, Inc., dated November 25, 2020, with such further revisions as required by the Community development Director;

f. Color Exterior Elevations, Sheet CE-1.0, prepared by MRV Architects, Inc., dated November 25, 2020, with such further revisions as required by the Community development Director; and

g. Site Equipment & Building Signage Details, Sheet SP-1.1, prepared by MRV

Architects, Inc., dated November 25, 2020, with such further revisions as required by the Community development Director.

12. At the time of building permit review, the applicant shall submit a landscape plan showing any existing shrubs and trees located along the north property line on the subject property or the property adjacent to the north, which would be removed for the construction of the sidewalk shall be replaced.

13. The owner of the restaurant operating the drive-through pick facility shall inspect the subject property at least once daily and pick up any trash and litter.

14. Compliance with all applicable codes and ordinances.

Section 4. That Section 6. D. of Ordinance No. G9-01, which regulates “Off Street Parking” is hereby amended by relettering such section to Section 6. G., and by amending such section with respect to the Subject Property by adding the following condition:

In this PAB Planned Area Business District, except as otherwise provided for herein, the development of the Subject Property shall be subject to the following condition:

1. A departure is hereby granted to allow the construction of the proposed restaurant with a drive-through facility, and the establishment of any other use classified as a permitted use in the PAB Planned Area Business District established by Ordinance No. G9-01, as amended by Ordinance No. G56-18, provided a minimum of 55 parking spaces are located on the Subject Property.

Section 5. That Section 6. I. of Ordinance No. G9-01, which regulates “Signs” is hereby amended with respect to the Subject Property by adding the following condition:

In this PAB Planned Area Business District, except as otherwise provided for herein, the development of the Subject Property shall be subject to the following condition:

1. A departure is hereby granted to allow the construction of three directional graphics located in substantial conformance to the following documents:

a. Site Plan, Directional Sign Plans, & Site Details, Sheet SP-1.0, prepared by MRV Architects, Inc., dated November 25, 2020, last revised December 15, with such further revisions as required by the Community development Director;

b. Site Equipment & Building Signage Details, Sheet SP-1.1, prepared by MRV Architects, Inc., dated November 25, 2020, with such further revisions as required by the Community development Director.

Section 6. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G9-01 and Ordinance No. G56-18. In the event of any conflict between this ordinance, Ordinance No. G9-01 and Ordinance No. G56- 18, this ordinance and associated documents shall control and prevail.

Section 7. 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 10, 2021

Passed: February 10, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: February 10, 2021

Published: February 12, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE

Councilmember Martinez made a motion, seconded by Councilmember Powell, 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.

Emergency Telephone System Board, December 17, 2020

Foreign Fire Insurance Tax Board, January 25, 2021

Board of Health, October 12, 2020

Heritage Commission, November 3, 2020

Human Relations Commission January 5, 2021

Parks and Recreation Advisory Board, November 24, 2020

Committee of the Whole Minutes for January 13, 2021

City Council Minutes for January 13, 2021

ANNOUNCEMENTS

Councilmember Powell responded to the anonymous public comment regarding the firefighter’s pay increase.

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

Councilmember Dixon made a motion, seconded by Councilmember Martinez, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

Discussion of Minutes of Meetings Lawfully Closed Under This Act –

Exempt Under Section 120/2(c)(21) of the Open Meetings Act

Collective Bargaining Issues or Deliberations Concerning Salary Schedules for One or More Classes of Employees - Exempt Under Section 120/2(c)(2) of the Open Meetings Act

Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act

The meeting adjourned at 7:59 p.m.

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/7228

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