City of Elgin City Council Met March 24

By Michael Abella

May 8, 2021

City of Elgin City Council Met March 24.

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 8:03 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, Steffen 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 MARCH 10, 2021, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Martinez made a motion, seconded by Councilmember Shaw, to approve the March 10, 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.

PUBLIC COMMENTS

Darlene Castelvecchi stated concerns about the passage of the zoning case at 310 S. State Street that will allow for a crematory and parking lot expansion at Laird Funeral Home. She stated concerns regarding notice to the neighborhood and emissions.

Councilmember Powell responded to Ms. Castelvecchi noting her concerns regarding notice of the project and monitoring of emissions.

Sherry Liske, suggested the city create a health and human services department. Jane L., via email, stated her concerns regarding the homeless issue.

Joey Grandinetti, via email, expressed concerns regarding traffic in the downtown area.

BID 21-002 AWARDED TO INDEPENDENT MECHANICAL INDUSTRIES, INC. FOR AERATION PIPING REPLACEMENT PROJECT

Councilmember Steffen made a motion, seconded by Councilmember Martinez, to award a contract to Independent Mechanical Industries, Inc. in the amount of $266,750 for the Aeration Piping Replacement Project in order to replace equipment to allow for continued water treatment at a level of quality and capacity to which the City’s customers are accustomed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

BID 21-007 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF 2021 POOL CHEMICALS

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award a contract to Aqua Pure Enterprises, Inc. ($2,775), Halogen Supply Company ($18,368) and Hawkins ($10,258) for pool chemicals in the total amount of $31,401 in order to maintain City pools to ensure the highest water quality and safety to patrons. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

BID 21-008 AWARDED TO THE LOWEST RESPONSIVE BIDDERS FOR GOLF COURSE LANDSCAPING SUPPLIES

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award golf course chemical supply bid to the lowest responsive bidders as outlined in the memo provided to Council in the total amount of $110,793 in order to maintain the turf grass at City-owned golf courses and club house grounds. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

BID 21-009 AWARDED TO QUBIT NETWORKS FOR THE PURCHASE OF EXTREME NETWORK SWITCHES

Councilmember Steffen made a motion, seconded by Councilmember Martinez, to award a contract to Qubit Networks in the amount of $58,510 in order to replace older first-generation Extreme network switches in various City network locations. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

MIDWESTERN HIGHER EDUCATION COMMISSION CONTRACT APPROVED WITH AVALON TECHNOLOGIES, LLC FOR THE PURCHASE OF DELL COMPELLENT STORAGE SYSTEM ANNUAL SUPPORT AND MAINTENANCE SUBSCRIPTION

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the purchase of the Dell Compellent storage system annual support and maintenance from Avalon Technologies, LLC in the amount of $27,587 annually in order to continue vendor support and maintenance on the Dell Compellent Storage System that provides the City’s primary production data storage environment. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

PETITIONS 30-20 AND 36-20 APPROVED FOR 105-115 N. GIFFORD STREET; PLANNED DEVELOPMENT AS A CONDITIONAL USE AND MAP AMENDMENT FROM CF COMMUNITY FACILITY DISTRICT TO RC3 RESIDENCE CONSERVATION DISTRICT TO ESTABLISH A SINGLE-FAMILY RESIDENCE WITHIN AN EXISTING STRUCTURE

Marc Mylott, Community Development Director, outlined Petitions 30-20 and 36-20 for 105-115 N. Gifford Street. The petitions allow for a conditional use and a map amendment to establish a single-family residence within an existing structure. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined. The petitioner made a statement regarding the purpose of the request.

Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve Petitions 30-20 and 36-20 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

PETITION 31-20 APPROVED FOR 77 RIVERSIDE DRIVE, UNIT 1; CONDITIONAL USE TO ESTABLISH A COMMERCIAL EVENT SPACE

Marc Mylott, Community Development Director, outlined Petition 31-20 for 77 Riverside Drive, Unit 1. The petition allows for a conditional use to establish a commercial event space. 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 31-20 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

PETITION 01-21 APPROVED FOR 1700-1730 N. STATE STREET; MAP AMENDMENT TO PLANNED DEVELOPMENT TO CONSTRUCT TRUCK/DIESEL FUELING STATIONS AT AN EXISTING MOTOR VEHICLE SERVICE STATION

Marc Mylott, Community Development Director, outlined Petition 01-21 for 1700-1730 N. State Street. The petition allows for a map amendment to a planned development to construct diesel fueling stations. Staff and the Planning and Zoning Commission recommend approval subject to the conditions outlined.

Councilmember Powell made a motion, seconded by Councilmember Gavin, to approve Petition 01-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

PETITION 07-21 APPROVED FOR 400 AIRPORT ROAD, UNIT E; CONDITIONAL USE TO ESTABLISH A SANITARY SEWER CONTRACTOR’S OFFICE AND WAREHOUSE FACILITY

Marc Mylott, Community Development Director, outlined Petition 07-21 for 400 Airport Road, Unit E. The petition allows for a conditional use to establish a sanitary sewer contractor’s office and warehouse facility. 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 07-21 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 21-53 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE BOWES CREEK COUNTRY CLUB PHASE II SUBDIVISION

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

Resolution No. 21-53

RESOLUTION

ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS WITHIN THE BOWES CREEK COUNTRY CLUB PHASE II SUBDIVISION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the Bowes Creek Country Club Phase II Subdivision. Acceptance of the public improvements will add the following city maintained facilities: 538 lineal feet of 6-inch water main; 6,652 lineal feet of 8-inch water main; 8,607 lineal feet of 12-inch water main; 115 lineal feet of 24-inch water main steel casing pipe; nineteen 8-inch valves in 4-foot vaults; 22 - 12-inch valves in 5-foot vaults; 59 fire hydrants with 6-inch auxiliary valves; 9,877 lineal feet of 8-inch PVC sanitary sewer; 3,287 lineal feet of 18-inch PVC sanitary sewer; 616 lineal feet of 24-inch PCCP sanitary sewer; 4,046 lineal feet of 30-inch PCCP sanitary sewer; 130 lineal feet of 54-inch PCCP steel casing pipe; 67 - 4-foot diameter sanitary manholes; eighteen - 5-foot diameter sanitary manholes; two - 6-foot diameter sanitary manholes; 2,681 lineal feet of 16-inch ductile iron pipe sanitary force main; 47 linear feet of 10-inch RCP storm sewer; 7,829 linear feet of 12-inch RCP storm sewer; 4,416 linear feet of 15-inch RCP storm sewer; 2,966 linear feet of 18-inch RCP storm sewer; 2,429 linear feet of 24-inch RCP storm sewer; 1,695 linear feet of 30-inch RCP storm sewer; 1,636 linear feet of 36-inch RCP storm sewer; 1,593 linear feet of 42-inch RCP storm sewer; 1,073 linear feet of 48-inch RCP storm sewer; 218 linear feet of 19-inch x 30-inch HERCP storm sewer; two - 10-inch flared end sections; three - 12-inch flared end sections; four - 15-inch flared end sections; two - 18-inch flared end sections; four - 24-inch flared end sections; two - 30-inch flared end sections; two - 36-inch flared end sections; two - 42-inch flared end sections; six - 48-inch flared end sections; 106 - 3-foot catch basins; 55 - 4-foot catch basins; three - 5-foot catch basins; one - 3-foot storm manhole; 30 - 4-foot storm manholes; 22 - 5-foot storm manholes; 22 - 6-foot storm manholes; four - 6-foot storm manholes with restrictor structures; three - 7-foot storm manholes; two - 8-foot storm manholes; two - 10-foot by 4-foot special storm sewer structures; one - 15-foot by 4-foot special storm sewer structure; 70 street lights, 30 street signs; 14,888 lineal feet of improved street; 30,276 lineal feet of curb and gutter; 165,000 square feet of sidewalk; 3,435 lineal feet of 10-foot wide bike path; 501 parkway trees; and their appurtenances to the City maintained facilities.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Vote: Yeas: 8 Nays: 0 Abstain: 1

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-50 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH EDUARDO GUERRERO AND MARIA T. ZAVALA FOR A PORTION OF THE PROPERTY COMMONLY KNOWN AS 526 DUNDEE AVENUE

Councilmember Martinez 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. 21-50

RESOLUTION

AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH EDUARDO GUERRERO and MARIA T. ZAVALA FOR A PORTION OF THE PROPERTY COMMONLY KNOWN AS 526 DUNDEE AVENUE

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 Easement Agreement with Eduardo Guerrero and Maria T. Zavala for a portion of the property commonly known as 526 Dundee Avenue, legally described in the Easement Agreement, a copy of which is attached hereto.

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

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-51 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS 437-441 DUNDEE AVENUE AND FOR A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF SUCH PROPERTY

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. 21-51

RESOLUTION

AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS 437-441 DUNDEE AVENUE AND FOR A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF SUCH PROPERTY

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 real estate sales contract on behalf of the City of Elgin with Chicago Title Land Trust Company as Successor to Harris Bank Barrington, N.A., as Trustee under Trust Agreement dated September 1, 1994 and known as Trust No. 11-5026, for the purchase of a portion of the property commonly known as 437-441 Dundee Avenue and for a temporary construction easement over a portion of such property for $1,100, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-52 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS 450 DUNDEE AVENUE

Resolution No. 21-52

RESOLUTION

AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT FOR THE PURCHASE OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS 450 DUNDEE AVENUE

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 real estate sales contract on behalf of the City of Elgin with East Park Professional Centre, LLC, for the purchase of a portion of the property commonly known as 450 Dundee Avenue for $1,200, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

CONSENT AGENDA

By unanimous consent, Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. S121, G16-21, and G17-21 and adopt Resolution Nos. 21-40 through 21-49 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Lopez, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.

RESOLUTION 21-40 ADOPTED APPROVING ATHLETIC FACILITY IMPROVEMENT GRANT RECIPIENTS

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

Resolution No. 21-40

RESOLUTION

APPROVING ATHLETIC FACILITY IMPROVEMENT GRANT RECIPIENTS

WHEREAS, the City's Athletic Facility Improvement Funding Program has been established to provide financial assistance to Elgin-based sports organizations; and

WHEREAS, seven grant applications were submitted for consideration in 2021 under the City's Athletic Facility Improvement Funding Program; and

WHEREAS, said applications have been reviewed and recipients selected by the City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the City's Athletic Facility Improvement Funding Program to the following seven organizations in the amount of $50,000:

BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances.

BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-41 ADOPTED AUTHORIZING EXECUTION OF A MASTER SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING CO., INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS FOR CIVIL SITE IMPROVEMENTS

Resolution No. 21-41

RESOLUTION

AUTHORIZING EXECUTION OF A MASTER SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING CO., INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS FOR CIVIL SITE IMPROVEMENTS

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 Burns & McDonnell Engineering Co., Inc., for professional services in connection with various utility division projects for civil site improvements, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-42 ADOPTED AUTHORIZING EXECUTION OF A MASTER SERVICES AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS RELATING TO THE DEEP WELL PROJECTS ENGINEERING CATEGORY

Resolution No. 21-42

RESOLUTION

AUTHORIZING EXECUTION OF A MASTER SERVICES AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH VARIOUS UTILITY DIVISION PROJECTS RELATING TO THE DEEP WELL PROJECTS ENGINEERING CATEGORY

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 Engineering Enterprises, Inc., for professional services in connection with various utility division projects relating to the deep well projects engineering category, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-43 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BENCHMARK CONSTRUCTION CO., INC. FOR THE REPAIR OF PRE STRESSED CONCRETE CYLINDER PIPING AT THE RIVERSIDE WATER TREATMENT PLANT

Resolution No. 21-43

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH BENCHMARK CONSTRUCTION CO., INC. FOR THE REPAIR OF PRE-STRESSED CONCRETE CYLINDER PIPING AT THE RIVERSIDE WATER TREATMENT PLANT

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 Benchmark Construction Co., Inc., for the repair of pre-stressed concrete cylinder piping at the Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-44 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MCCROMETER, INC. FOR THE PURCHASE OF WATER TREATMENT PLANT FLOW METERS

Resolution No. 21-44

RESOLUTION

AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MCCROMETER, INC. FOR THE PURCHASE OF WATER TREATMENT PLANT FLOW METERS

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 Purchase Agreement on behalf of the City of Elgin with McCrometer, Inc., for the purchase of water treatment plant flow meters, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-45 ADOPTED RATIFYING THE EXECUTION OF AMENDMENT TO PURCHASE OF SERVICE AGREEMENT WITH ELGIN DREAM CENTER AND FIRST CHRISTIAN CHURCH OF ELGIN

Resolution No. 21-45

RESOLUTION

RATIFYING THE EXECUTION OF AMENDMENT TO

PURCHASE OF SERVICE AGREEMENT

WITH ELGIN DREAM CENTER AND

FIRST CHRISTIAN CHURCH OF ELGIN

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of Amendment to Purchase of Service Agreement by Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, on behalf of the City of Elgin with Elgin Dream Center and First Christian Church of Elgin for temporary emergency warming shelter services, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-46 ADOPTED AUTHORIZING SETTLEMENT OF CERTAIN CLAIMS

Resolution No. 21-46

RESOLUTION

AUTHORIZING SETTLEMENT OF CERTAIN CLAIMS

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the third-party lawsuit involving Jimmy Mendez against Angel Ontiveros in the amount of $50,000 wherein the City of Elgin would receive the amount of $16,222.73 be and is hereby approved.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-47 ADOPTED AUTHORIZING EXECUTION PLAT OF EASEMENT GRANT FROM SCANNELL PROPERTIES #356, LLC AND ACCEPTANCE FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (1755 BRITANNIA DRIVE)

Resolution No. 21-47

RESOLUTION

AUTHORIZING EXECUTION PLAT OF EASEMENT GRANT FROM SCANNELL PROPERTIES #356, LLC AND ACCEPTANCE FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS

(1755 Britannia Drive)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Plat of Easement Grant for public improvements from Scannell Properties #356, LLC regarding the property legally described on said plat, a copy of which is attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement Grant for 1755 Britannia Drive to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.

BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the site located at 1755 Britannia Drive. Acceptance of the public improvements will add the following city maintained facilities: 357 lineal feet of 8-inch watermain; 83 lineal feet of 16-inch watermain; one, 8-inch valve in 48-inch vault; one, 10-inch valve in 48-inch vault; one, 16-inch valve in 72-inch vault; one fire hydrant; and, all their collective appurtenances to the City maintained facilities.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-48 ADOPTED AUTHORIZING EXECUTION PLAT OF EASEMENT FROM SCANNELL PROPERTIES #356, LLC AND ACCEPTANCE FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS (2451 BATH ROAD)

Resolution No. 21-48

RESOLUTION

AUTHORIZING EXECUTION PLAT OF EASEMENT GRANT FROM SCANNELL PROPERTIES #356, LLC AND ACCEPTANCE FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS

(2451 Bath 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 a Plat of Easement Grant for public improvements from Scannell Properties #356, LLC regarding the property legally described on said plat, a copy of which is attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Easement Grant for 2451 Bath Road to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.

BE IT FURTHER RESOLVED that the City of Elgin hereby accepts for ownership and maintenance certain public improvements within the site located at 2451 Bath Road. Acceptance of the public improvements will add the following city maintained facilities: 3,056 lineal feet of 10-inch watermain; six, 10-inch valves in 48-inch vaults; twelve fire hydrants; and, all their

collective appurtenances to the City maintained facilities.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 21-49 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH ALLIED WATERPROOFING, INC. FOR THE 101 E. CHICAGO STREET-VAULTED SIDEWALK MEMBRANE INSTALLATION PROJECT (BID NO. 19-039)

Resolution No. 21-49

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH ALLIED WATERPROOFING, INC. FOR THE 101 E. CHICAGO STREET-VAULTED SIDEWALK MEMBRANE INSTALLATION PROJECT

(BID NO. 19-039)

WHEREAS, the City of Elgin has heretofore entered into a contract with the Allied Waterproofing, Inc. for the 101 E. Chicago Street-Vaulted Sidewalk Membrane Installation Project (Bid No. 19-039); 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: March 24, 2021

Adopted: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE S1-21 PASSED ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP

Councilmember Steffen 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. S1-21

AN ORDINANCE

ADOPTING AND PUBLISHING AN OFFICIAL ZONING MAP

WHEREAS, 65 ILCS 5/11-13-19 provides that the corporate authorities shall cause to be published each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of a municipality.

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

Section 1. That the map attached hereto as Exhibit 1 entitled "City of Elgin 2021 Official Zoning Map" dated March 24, 2021 be and is hereby adopted as the official zoning map for the City of Elgin, Illinois.

Section 2. That the city's department of planning and neighborhood services is hereby directed to cause the publication of the City of Elgin's official zoning map.

Section 3. That the following fees are hereby established to be charged to any person desiring a copy of such official zoning map or portions thereof to defray the cost of publication of the official zoning map: The city-wide map - $55.00 and each quadrant map - $25.00.

Section 4. 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 5. 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: March 24, 2021

Passed: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: March 24, 2021

Published: March 25, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G16-21 PASSED WAIVING THE ANNUAL LIQUOR LICENSE FEE FOR THE RENEWAL OF CERTAIN LIQUOR LICENSES FOR THE 2021-2022 LICENSE YEAR

Ordinance No. G16-21

AN ORDINANCE

WAIVING THE ANNUAL LIQUOR LICENSE FEE FOR THE RENEWAL OF CERTAIN LIQUOR LICENSES FOR THE 2021-2022 LICENSE YEAR

WHEREAS, the expiration date for current liquor licenses issued by the Local Liquor Control Commission of the City of Elgin pursuant to Chapter 6.06 of the Elgin Municipal Code is April 30, 3021; and

WHEREAS, the COVID-19 pandemic and the restrictions relating to such pandemic have severely impacted certain business establishments in the city including local restaurants, bars and other on premises establishments; and

WHEREAS, the City Council of the City of Elgin, has determined that it is appropriate to waive the annual liquor license fee for the renewal of certain liquor license classifications for the 2021-2022 license year to expire on April 30, 2022, for certain current liquor licenses issued by the Local Liquor Control Commission of the City of Elgin.

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

Section 1. That with the exception of the Class B, B1, B2, B4 and B5 liquor licenses, the annual liquor license fee for the renewal of a liquor license for the 2021-2022 license year to expire on April 30, 2022, for current liquor licenses issued by the Local Liquor Control Commission of the City of Elgin is hereby waived.

Section 2. 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 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: March 24, 2021

Passed: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: March 24, 2021

Published: March 25, 2021

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G17-21 PASSED AMENDING CHAPTER 2.86 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ETHICS ACT”

Ordinance No. G17-21

AN ORDINANCE

AMENDING CHAPTER 2.86 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ETHICS ACT”

WHEREAS, the Illinois General Assembly previously enacted the State Officials and Employees Ethics Act (Public Act 93-615, effective November 19, 2003, as amended by Public Act 93-617, effective December 9, 2003), which provided a comprehensive revision of state statutes regarding ethical conduct, political activities and the solicitation and acceptance of gifts by state officials and employees; and

WHEREAS, such act requires all units of local government and school districts within six (6) months after the effective date of Public Act 93-615, to adopt ordinances and resolutions regulating the political activities of, and the solicitation and acceptance of gift by, the officers and employees of such units in a manner no less restrictive than the provisions of such act; and

WHEREAS, the city council of the City of Elgin previously adopted Chapter 2.86 of the Elgin Municipal Code entitled “Ethics Act”, which adopts by reference the regulations of Section 5-15 (5 ILCS 430/5-15), which relate to prohibitive political activities, and Article 10 (5 ILCS 430/10-10 through 10-40), which relate to a gift ban, of the State Officials and Employees Ethics Act (5 ILCS 40/1-1, et seq.) and made applicable to the officers and employees to the city to the extent required by 5 ILCS 430/70-5; and

WHEREAS, the city council of the City of Elgin finds and determines that it is in the best interests of the city and in the interest of protection of the public health, safety, morals and welfare, to add and amend certain provisions within the city's ethics act as hereinafter provided; and

WHEREAS, the city council of the City of Elgin further finds and determines that city officials and employees must be independent and impartial and should not engage in other employment or activities which creates a conflict of interest or the appearance of a conflict of interest and which undermines public confidence in the integrity of government, including, but not limited to, with respect to the representation of other persons with interests adverse to the city; and

WHEREAS, the city council of the City of Elgin further finds and determines that the lobbying disclosure requirements for city officials and employees provided for in this ordinance are an appropriate means to prevent quid pro quo corruption or the appearance of such corruption, to protect against for-profit influence peddling or the appearance thereof and to protect against interference with merit based public administration; and

WHEREAS, the city council of the City of Elgin further finds and determines that providing limits for persons doing business with the city or seeking to do business with the city with respect to making contributions to candidates for elected city offices, elected city officials or to any other city official employee who is seeking election to any other office, and providing for the other limits and disclosure requirements for contributions provided for in this ordinance, are appropriate means to prevent quid pro quo corruption or the appearance of such corruption and to protect against interference with merit based public administration; and

WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution, and as a home rule unit may exercise any power and perform and function pertaining to its government affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and

WHEREAS, a city’s ethics act including the additional provisions proposed to be included therein as hereinafter provided pertains to the government and affairs of the City of Elgin.

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

Section 1. That the foregoing recitals and findings are hereby incorporated into this ordinance in their entirety.

Section 2. That Chapter 2.86 of the Elgin Municipal Code, 1976, as amended, entitled "Ethics Act," be and is hereby further amended in its entirety to read as follows:

"Chapter 2.86

ETHICS ACT

2.86.010: POLICY AND PURPOSE:

A. The purpose of the city ethics act is to establish ethical standards of conduct for city officials and city employees by identifying acts or actions that are incompatible with the best interests of the city. By eliminating conflicts of interests and providing a guide for conduct in city matters, the city hopes to promote the faith and confidence of the citizens in city government.

B. It is essential to the proper operation of democratic government that public officials and employees be independent and impartial; that governmental decisions and policy be made through proper channels; that public office not be used for private gain; and that there be public confidence in the integrity of government. Public officials and employees must serve their government in a fiduciary capacity and must treat persons in an impartial manner in accordance with the law. The attainment of these ends is impaired whenever there exists conflict between the private interest of a public official or employee and his or her duties as such. The public interest therefore requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected officials and government employees in situations where conflicts exist, as well as in situations where conflicts might develop.

C. It is also essential to the proper operation of government that appropriate legal safeguards be adopted as a means to prevent corruption or the appearance of corruption and to protect against interference with merit based public administration.

D. It is also essential to the proper operation of government that those best qualified be encouraged to serve government. Accordingly, legal safeguards against conflicts of interests must be so designed as not unnecessarily or unreasonably to impede the recruitment and retention by the government of persons who are best qualified to serve it. The right of each official and employee to privacy in his or her financial affairs must not, therefore, be limited beyond that disclosure necessary to ensure the integrity of government. Moreover, because an essential principle underlining the staffing of government is that its officials and employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic and other interests, such opportunity, should not be limited unless conflicts with the responsibility of such officials and employees to the public cannot be avoided.

E. It is the policy and purpose of this chapter to implement these objectives of protecting the integrity of the city and of facilitating the recruitment and retention of qualified personnel by prescribing essential restrictions against conflicts of interest in city government without creating unnecessary barriers to public service and by establishing a city's ethics act for officials and employees of the city.

2.86.020: DEFINITIONS:

The definition of terms used in this chapter shall be as set forth below and in other sections of this chapter.

"ADMINISTRATIVE ACTION" means any decision, on any proposal, consideration, enactment or making of any rule, regulation, or other official nonministerial action or non action by any city department, or by any city official or employee of a city department, or on any matter which is under the official jurisdiction of the city manager or a city department.

"CAMPAIGN FOR ELECTIVE OFFICE" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties.

"CANDIDATE" means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the Election Code (10 ILCS 5/1-3).

“CANDIDATE FOR CITY OFFICE” means any person who seeks nomination for election, election to or retention to the office of mayor or city councilmember of the City of Elgin. A person seeks nomination for election, election or retention if he or she (1) takes the action necessary under the laws of the State of Illinois to attempt to quality for nomination for election, election to or retention in public office, or (2) receives contributions or makes expenditures, or gives consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination for election or election to or retention in such office. For purposes of this definition, the term “expenditure” has the meaning ascribed to that term in Article 9 of the Illinois Election Code, codified at 10 ILCS 5/9-1 et seq.

"COLLECTIVE BARGAINING" has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3).

"COMPENSATED TIME" means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.

"COMPENSATORY TIME OFF" means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.

"CONTRIBUTION" has the same meaning as that term is defined in section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).

“DOING BUSINESS WITH THE CITY” means any one or any combination of sales, purchases, leases or contracts to, from or with the City in an amount in excess of $20,000.00 in any 12 consecutive months.

"EMPLOYEE" means a person employed by the City of Elgin, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.

"EMPLOYER" means the City of Elgin.

"GIFT" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.

"LEAVE OF ABSENCE" means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer.

"LEGISLATIVE ACTION" means the introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval or other official action or non-action on any ordinance, resolution, motion, order, appointment, application or other matter pending or proposed in the city council or the liquor commission.

"OFFICER" means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.

"PERSON" means any individual, entity, corporation, partnership, limited liability company, firm, association, trust, estate, as well as any parent or subsidiary of any of the foregoing, whether or not operated for profit.

"POLITICAL ACTIVITY" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties.

"POLITICAL ORGANIZATION" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.

"PROHIBITED POLITICAL ACTIVITY" means:

(1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.

(2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.

(3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.

(4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.

(7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.

(8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.

(9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.

(10) Preparing or reviewing responses to candidate questionnaires in connection with a campaign for elective office or on behalf of a political organization for political purposes.

(11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.

(12) Campaigning for any elective office or for or against any referendum question.

(13) Managing or working on a campaign for elective office or for or against any referendum question.

(14) Serving as a delegate, alternate, or proxy to a political party convention. (15) Participating in any recount or challenge to the outcome of any election. "PROHIBITED SOURCE" means any person or entity who:

(1) is seeking official action (i) by the city or an officer or (ii) in the case of an employee, by the employee, or by the officer or another employee directing the employee;

(2) does business or seeks to do business (i) with the city or officer or (ii) in the case of an employee, with the employee, or with the officer or another employee directing the employee;

(3) conducts activities regulated (i) by the city or officer or (ii) in the case of an employee, by the employee, or by the officer or another employee directing the employee;

(4) has interests that may be substantially affected by the performance or non performance of the official duties of the officer or employee;

(5) is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act, except that an entity not otherwise a prohibited source does not become a prohibited source merely because a registered lobbyist is one of its members or serves on its boards of directors; or

(6) is an agent of, a spouse of, or an immediate family member who is living with a "prohibited source".

“SEEKING TO DO BUSINESS WITH THE CITY” means (1) taking any action within the past six (6) months to obtain a contract or business from the city when, if such action were successful, it would result in the person’s doing business with the city; and (2) the contract or business sought has not been awarded to any person.

2.86.030: PROHIBITED POLITICAL ACTIVITIES:

A. No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the City of Elgin in connection with any prohibited political activity.

B. At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee's duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off).

C. No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.

D. Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this section.

E. No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.

2.86.040: GIFT BAN:

A. Except as permitted by this chapter, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this Section.

B. Exceptions. Subsection A is not applicable to the following:

1. Opportunities, benefits, and services that are available on the same conditions as for the general public.

2. Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.

3. Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate.

4. Educational materials and missions.

5. Travel expenses for a meeting to discuss business.

6. A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiancé or fiancée.

7. Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.

8. Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means.

9. Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.

10. Intra-governmental and inter-governmental gifts. For the purpose of this Act, "intragovernmental gift" means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity.

11. Bequests, inheritances, and other transfers at death.

12. Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.

Each of the exceptions listed in this Section is mutually exclusive and independent of every other.

C. Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this section if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.

2.86.050: PROHIBITED INTERESTS FOR CITY OFFICERS AND EMPLOYEES:

A. The provisions of 65 Illinois Compiled Statutes 5/3.1-55-10, as amended, are hereby adopted to be applied to all city officers and full time employees and the members of any city officer's or full time employee's immediate family. For the purposes of this section "members of any city officer's or full time employee's immediate family" shall be defined to mean an officer's or full time employee's spouse or children.

B. No city officer or full time employee or a member of any city officer's or full time employee's immediate family shall have an interest in any city contract, or an interest in the sale of any article or an interest in the purchase of any property which is prohibited for a municipal officer as set forth in 65 Illinois Compiled Statutes 5/3.1-55-10, as amended.

C. The prohibitions regarding pecuniary interests in contracts, an interest in the sale of any article or an interest in the purchase of any property as provided for in this section shall also apply to all city officers and full time employees and the members of the immediate families of city officers and full time employees for a period of one year from the date of termination of service or employment with the city. Notwithstanding the foregoing, such one year prohibition shall not apply to any former city officers or full time employees and the members of the immediate families of city officers and full time employees when the city officer or full time employee was involuntarily separated from employment with the city while in good standing, such former city officer or full time employee is an employee of a company or owns or holds an interest of one percent (1%) or less in the former city officer's or employee's individual name in a company, or both, and such former city officer or employee refrains from participating in the negotiation of any new contracts with the city for a period of one year from the date of termination or service or employment with the city.

D. No city officer or full time employee shall, after termination of service or employment with the city, appear before any board, commission, committee or agency of the city in relation to any case, proceeding, application or contract in which he personally participated during the period of his service or employment, or which was under his active consideration, for a period of one year from the date of termination of service or employment with the city. This prohibition shall not prevent former city officers or full time employees from providing services to the city.

E. Any contract made and procured in violation of the provisions of this section is void.

F. Any official or employee required to file a financial disclosure statement pertaining to the Illinois Government Ethics Act, as amended, shall, at the time the statement is filed with the county clerk, also file a duplicate of such statement with the city clerk. A copy such statement shall be posted on the city's website.

2.86.060: WHISTLEBLOWER PROTECTION:

A. Any officer or employee who, in good faith, reports an alleged violation or concern regarding a violation of this chapter or a violation of a federal, state, local law, rule or regulation, will not be subject to retaliation, harassment, abuse, threats, and discrimination or adverse employment consequences as a result of coming forward.

B. Any officer or employee who reports such an alleged violation or concern in good faith, on behalf of another person, shall not be subject to retaliation, harassment, abuse, threats, and discrimination, or any adverse employment consequences as a result of coming forward.

C. This section shall not apply to any person who makes a report known to that person to be false on his or her own behalf or on behalf of another.

D. No city officer or employee shall retaliate against any officer or employee who has reported a suspected violation of this chapter or an alleged violation of a federal, state, local law, rule or regulation in good faith. Any officer or employee who violates the provisions of this subsection shall be subject to appropriate discipline from the city.

2.86.070: REPRESENTATION OF OTHER PERSONS:

No elected official or employee may represent or derive any income, compensation or other tangible benefit from the representation of, any person in any judicial, quasi-judicial or other proceeding before any administrative agency or court: (i) in which the City is an adverse party; or (ii) that may result in an adverse effect on city revenue, city finances, or the health, safety, welfare or relative tax burden of any city residents. For the purpose of clarification, the representation of a person with such a pending matter adverse to the City or that may result in an adverse effect on the City in a separate matter unrelated and not adverse to the City shall not be deemed a violation of this section.

2.86.080: DISCLOSURE OF LOBBYING:

Any elected official or employee of the City who is registered as a lobbyist with the State of Illinois and/or any unit of local government in the state shall concurrently with the filing or submission of any and all lobbying registrations and/or notifications with the state and/or any unit of local government in the state file a duplicate of such registrations and/or notifications with the city clerk. A copy of such lobbying registrations and/or notifications shall be posted on the city's website.

2.86.090: CAMPAIGN CONTRIBUTIONS

A. No official, employee, candidate for elective office, lobbyist, officer, employee, or agent of any political organization shall intentionally solicit, accept, offer or make contributions on city property.

B. No person shall offer or make, and no candidate for city office, such candidate's political committee or person acting on behalf of either of them shall solicit or accept, any contribution that is (i) anonymously given; or (ii) made or to be made other than in the name of the true donor.

C. No person doing business with the city within the current or preceding calendar year or is seeking to do business with the city shall make contributions in the aggregate amount exceeding $1,000.00: (i) to any candidate for the office of mayor or city councilman during a single candidacy; or (ii) to the elected mayor or elected city councilmembers of the city during any reporting year; or (iii) to any official or employee of the city who is seeking election to any other office. For the purposes of this subsection, all contributions to a candidate’s authorized political committee shall be considered contributions to the candidate. A reporting year shall be from January 1 to December 31, For the purpose of this subsection only “seeking to do business” means: (i) the definition set forth in Section 2.86.020; and (ii) any matter that was pending before the city council in the previous six months or any matter that will be pending before the city council in the following six months, if that matter involved the award of loan funds, grant funds, purchase or service agreements, leases, land sales, zoning matters, the creation of a tax increment financing district, development agreements, bond proceeds or bond inducement ordinances.

D. For purposes of subsection C above, an entity and its subsidiaries, parent company or otherwise affiliated companies, and any of their employees, officers, directors and partners who make a political contribution for which they are reimbursed by the entity or its affiliates shall be considered a single person. However, nothing in this provision shall be construed to prohibit such an employee, officer, director or partner from making a political contribution for which he is not reimbursed by a person with whom he or she is affiliated.

E. For purposes of subsection C above, a contribution to (i) any political fund-raising committee of a candidate for city office or elected official; or (ii) any political fundraising committee which, during the reporting year in which the contribution is to be made, has itself made contributions or given financial support in excess of 50 percent of that committee’s total receipts for the reporting year to a particular candidate for city office, elected official, or the authorized fundraising committee of that candidate or elected official, shall be considered a contribution to that candidate or elected official.

F. Any person who solicits, accepts, offers or makes a financial contribution that violates the provisions of this section shall be subject to the penalty provided in Section 2.86.130 hereof; provided, however, such person shall not be deemed in violation of this section if such person returns or requests in writing the return of such financial contribution within ten calendar days of the recipient's or contributor's knowledge of the violation.

G. All elected officials or candidates for city elected office shall concurrently file with the city clerk a duplicate of their filing of all statements of campaign contributions required to be filed by state law with the state. This includes statements required to be filed by state law by political action committees or other organizations concerning campaign contributions A copy of such contribution materials shall be posted on the city's website.

2.86.100: FALSE REPORTS:

No person shall knowingly make a false report alleging a violation of any provision of this chapter to the ethics officer, professional standards officer, the local law enforcement authorities, the state's attorney or any other law enforcement official.

2.86.110: ETHICS OFFICER:

The corporation counsel of the city is hereby appointed to serve as the ethics officer of the city. The ethics officer shall provide guidance to the officials, officers and employees of the city concerning the interpretation of and compliance with the provisions of this chapter, city ordinances and state ethics laws. The ethics officer shall also perform such other duties as may be designated by the city council. The ethics officer or his or designee, shall be the investigative authority and shall have the authority to investigate, and to issue findings for, all investigations regarding city officers or employees and regarding the operations of city departments, programs and functions and those doing business with the city regarding alleged violations of this chapter or other applicable ethical standards and regulations. All city officers, employees and city contractors required to cooperate in investigations with the ethics officer or with individuals assigned by the ethics officer shall conduct investigations. Complaints or investigations regarding the mayor or member of the city council, the city manager, the corporation counsel, the professional standards officer, the police chief, the fire chief or the chief financial officer/budget director shall be reported to the city council. Investigations may also be conducted by an outside person or entity retained by the city when the city council, the city manager or corporation counsel determine that such an investigation by an outside person or entity is in the best interests of the city.

2.86.120: TRAINING:

All officers and employees, within twelve (12) months after the adoption of this ordinance and at least biennially thereafter, must complete an ethics training program approved by the ethics officer. A new employee must complete his or her initial ethics training during orientation within the first two (2) months of employment or as soon thereafter as such training may be available within the first six (6) months of employment. Officers shall attend a training program within six (6) months of being elected or appointed (or as soon thereafter as ethics training is available) and at least biennially thereafter, an ethics training program approved by the ethics officer. The Human Resources Department shall maintain records related to each person's completion of such training programs. The requirements of this section shall not apply to part-time, temporary or seasonal employees employed by the city for a period of six (6) months or less or whose duties require the performance of fewer than 1,000 hours of work annually.

2.86.130: PENALTIES:

A. Any person who intentionally violates any provision of Section 2.86.030 of this chapter (Prohibited Political Acts) shall be guilty of a Class A misdemeanor, punishable by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not less than $75 and not to exceed $2,500.

B. Any person who intentionally violates any provision of Section 2.86.040 of this chapter (Gift Ban) is subject to a fine in an amount of not less than $1,001 and not more than $5,000.

C. Any person who intentionally violates Section 2.86.100 of this chapter by knowingly making a false report alleging a violation of Section 2.86.030 (Prohibited Political Acts) or Section 2.86.040 (Gift Ban) shall be guilty of a Class A misdemeanor, punishable by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not less than $75 and not to exceed $2,500. Any person who intentionally violates Section 2.86.100 of this chapter by knowingly making a false report of other alleged violations of this chapter shall be guilty of an offense, and in addition to other legal and equitable remedies available to the city, shall be punished by a fine in an amount not less than $75 and not more than $2,500 for each offense.

D. Any person violating any provision of Section 2.86.050, 2.86.070, 2.86.080 or 2.86.090 of this chapter shall, in addition to other legal and equitable remedies available to the city, shall be punished by a fine in an amount not less than $75 and not more than $2,500 for each offense.

E. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation or provision of this chapter is committed, continue or permitted by such person, and he or she shall be punished accordingly.

F. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the city to suspend, revoke or refuse to renew a license or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law.

G. In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provisions of this chapter is subject to discipline or discharge.

Section 2. That Chapter 5.24 of the Elgin Municipal Code, 1976, as amended, entitled "Pecuniary Interests in Contracts" be and is hereby repealed.

Section 3. 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 4. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason to be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, said judgment shall not affect the validity of the remaining provisions of this ordinance. It is hereby declared to be the legislative intent of the city council that this ordinance would have been adopted had such invalid or unconstitutional provision, clause, sentence, paragraph, section or part thereof not been included.

Section 5. That this ordinance shall be in full force and effect from and after June 1, 2021, upon its passage and publication in the manner provided by law.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: March 24, 2021

Passed: March 24, 2021

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: March 24, 2021

Published: March 25, 2021

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.

Emergency Telephone System Board, February 18, 2021

Design Review Subcommittee, January 12, and February 9, 2021

Committee of the Whole, February 24, 2021

City Council Minutes, February 24, 2021

Disbursement Report

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

Councilmember Shaw 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 9:10 p.m.

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/7287

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