City of Elgin City Council met Nov. 2

By Kristine Gonzales-Abella

Dec 12, 2022

City of Elgin City Council met Nov. 2.

Here are 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 7:10 p.m. The Pledge of Allegiance was led by Mayor David Kaptain.

ROLL CALL

Roll call was answered by Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None.

MINUTES OF THE OCTOBER 26, 2022, COUNCIL MEETING APPROVED AS DISTRIBUTED

Councilmember Martinez made a motion, seconded by Councilmember Steffen, to approve the October 26, 2022, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

COMMUNICATIONS

None.

PUBLIC COMMENTS

Sherry Liske stated her concerns about the police data presentation. She also stated concerns regarding homeowner costs for the lead pipe replacement program.

Danise Habun provided her thoughts on the police data presentation from October 26, 2022. She noted the work of the task force and felt this data would have had an impact on their work.

Peter Friedrich stated his concerns about Hindu Swayamsevak Sangh (HSS).

Ismael Cordova stated his concerns regarding the motion to table the task force recommendations.

RESOLUTION 22-199 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH RANDALL POINT BUSINESS CENTER, LLC FOR WATERMAIN EASEMENT AND ADDITIONAL WATERMAIN IMPROVEMENTS REGARDING 1400 MADELINE LANE, ELGIN, ILLINOIS

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

Resolution No. 22-199

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH RANDALL POINT BUSINESS CENTER, LLC FOR WATERMAIN EASEMENT AND ADDITIONAL WATERMAIN IMPROVEMENTS REGARDING 1400 MADELINE LANE, ELGIN, ILLINOIS

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 Randall Point Business Center, LLC, for watermain easement and additional watermain improvements regarding 1400 Madeline Lane, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 2, 2022

Adopted: November 2, 2022

Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

CONSENT AGENDA

By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass Ordinance No. G62-22 and adopt Resolution Nos. 22-191 through 22-198 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.

RESOLUTION 22-191 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LAMAR JOHNSON COLLABORATIVE, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE NORTH GROVE REDEVELOPMENT AREA PLAN

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

Resolution No. 22-191

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LAMAR JOHNSON COLLABORATIVE, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE NORTH GROVE REDEVELOPMENT AREA PLAN

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 Lamar Johnson Collaborative, Inc., for professional services in connection with the North Grove Redevelopment Area Plan, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 2, 2022

Adopted: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-192 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE AIRPORT ROAD DETENTION BASIN RETROFIT

Resolution No. 22-192

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE AIRPORT ROAD DETENTION BASIN RETROFIT

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 Hampton, Lenzini and Renwick, Inc., for professional services in connection with the Airport Road detention basin retrofit, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 2, 2022

Adopted: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-193 ADOPTED AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 2 WITH ALEXANDER CHEMICAL CORPORATION FOR CHLORINE CHEMICAL PURCHASE FOR 2022 (BID NO. 21-060)

Resolution No. 22-193

RESOLUTION

AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 2 WITH ALEXANDER CHEMICAL CORPORATION FOR CHLORINE CHEMICAL PURCHASE FOR 2022 (Bid No. 21-060)

WHEREAS, the City of Elgin has heretofore entered into a contract with Alexander Chemical Corporation for chlorine chemical purchase for 2022 (Bid No. 21-060); and

WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2 attached hereto.

NOW, THEREFORE, 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, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 2, 2022

Adopted: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-194 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WUNDERLICH-MALEC SERVICES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE UPGRADE TO AIRLITE WATER TREATMENT PLANT PROGRAMMABLE LOGIC CONTROLLERS PLC04 AND PLC22

Resolution No. 22-194

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH WUNDERLICH-MALEC SERVICES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE UPGRADE TO AIRLITE WATER TREATMENT PLANT PROGRAMMABLE LOGIC CONTROLLERS PLC04 AND PLC22

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 Wunderlich-Malec Services, Inc., for professional services in connection with the upgrade to Airlite Water Treatment Plan programmable logic controllers PLC04 and PLC22, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 2, 2022

Adopted: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-195 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH SMITHGROUP, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PROPOSED IMPROVEMENTS FOR THE ELGIN SPORTS COMPLEX

Resolution No. 22-195

RESOLUTION

AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH SMITHGROUP, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PROPOSED IMPROVEMENTS FOR THE ELGIN SPORTS COMPLEX

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 SmithGroup, Inc., for professional services in connection with the proposed improvements for the Elgin Sports Complex, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 2, 2022

Adopted: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-196 ADOPTED AUTHORIZING THE EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN DREAM CENTER AND THE BUSINESS NONPROFIT DEVELOPMENT CENTER AT FIRST D/B/A FIRST UNITED METHODIST CHURCH FOR TEMPORARY EMERGENCY WARMING SHELTER SERVICES

Resolution No. 22-196

RESOLUTION

AUTHORIZING THE EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN DREAM CENTER AND THE BUSINESS NONPROFIT DEVELOPMENT CENTER AT FIRST D/B/A FIRST UNITED METHODIST CHURCH FOR TEMPORARY EMERGENCY WARMING SHELTER SERVICES

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Elgin Dream Center and The Business Nonprofit Development Center at First d/b/a First United Methodist Church, 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: November 2, 2022

Adopted: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-197 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM – YEAR 2 IMPROVEMENTS DESIGN ENGINEERING

Resolution No. 22-197

RESOLUTION

AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM – YEAR 2 IMPROVEMENTS DESIGN ENGINEERING

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 Lead Service Line Replacement (LSLR) Program – year 2 improvements design engineering, a copy of which is attached hereto and made a part hereof by reference.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 2, 2022

Adopted: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

RESOLUTION 22-198 ADOPTED AUTHORIZING EXECUTION OF AN ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ILLINOIS PUBLIC WATER SUPPLY LOAN PROGRAM (PWSLP) LOAN APPLICATION FOR THE CITY OF ELGIN LEAD SERVICE LINE REPLACEMENT PROJECT

Resolution No. 22-198

RESOLUTION

AUTHORIZING EXECUTION OF AN ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ILLINOIS PUBLIC WATER SUPPLY LOAN PROGRAM (PWSLP) LOAN APPLICATION FOR THE CITY OF ELGIN LEAD SERVICE LINE REPLACEMENT PROJECT

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 and file with the Illinois Environmental Protection Agency an Illinois Public Water Supply Loan Program (PWSLP) Loan Application, along with any supporting documents as may be required, on behalf of the City of Elgin in connection with the City of Elgin Lead Service Line Replacement Project.

s/ David J. Kaptain

David J. Kaptain, Mayor

Presented: November 2, 2022

Adopted: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

ORDINANCE G62-22 PASSED AUTHORIZING THE CITY OF ELGIN, KANE COUNTY, ILLINOIS TO BORROW FUNDS FROM THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S PUBLIC WATER SUPPLY LOAN PROGRAM FOR THE CITY OF ELGIN LEAD SERVICE LINE REPLACEMENT PROJECT

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

Ordinance No. G62-22

AN ORDINANCE

AUTHORIZING THE CITY OF ELGIN, KANE COUNTY, ILLINOIS TO BORROW FUNDS FROM THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S PUBLIC WATER SUPPLY LOAN PROGRAM FOR THE CITY OF ELGIN LEAD SERVICE LINE REPLACEMENT PROJECT

WHEREAS, the City of Elgin, Kane County, Illinois (the “City”), operates its public water supply system (“the System”) and in accordance with the provisions of Article VII of the Illinois Constitution and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (collectively “the Act”); and

WHEREAS, the Mayor and the City Council of the City of Elgin (the “Corporate Authorities”) have determined that it is advisable, necessary, and in the best interest of the public health, safety, and welfare to improve the System, including the following:

Replacement by the City of the publicly-owned and privately-owned portions of the lead water service from the water meter to the water main for approximately 310 properties; together with any land or rights in land and all electrical, mechanical or other services necessary, useful or advisable to the construction and installation (the “Project”), all in accordance with the plans and specifications prepared by the consulting engineers of the City of Elgin which Project has a useful life of 100 years; and

WHEREAS, the estimated cost of construction and installation of the Project, including engineering, legal, financial and other related expenses is Four Million Dollars ($4,000,000), and there are insufficient funds on hand and lawfully available to pay these costs; and

WHEREAS, in accordance with the Procedures for Issuing Loans from the Public Water Supply Loan Program Title 35 Ill. Adm. Code Part 662.250, the City is eligible to have up to $4,000,000 of the Project costs be forgiven by the State of Illinois pursuant to principal loan forgiveness provisions; and

WHEREAS, to the extent that principal loan forgiveness is not available for the Project, the City has determined that it will not be seeking a loan for the Project and, therefore, the loan described herein will not be subject to repayment; and

WHEREAS, in accordance with the provisions of the Act, the City is authorized to borrow funds from the Public Water Supply Loan Program in the aggregate principal amount of $4,000,000 in the form of a forgivable loan to provide funds to pay the costs of the Project; and

WHEREAS, the loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions between the City and the Illinois Environmental Protection Agency;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS FOLLOWS:

SECTION 1. INCORPORATION OF PREAMBLES

The Corporate Authorities hereby find that the recitals contained in the preambles are true and correct, and incorporate them into this Ordinance by this reference.

SECTION 2. DETERMINATION TO BORROW FUNDS

It is necessary and in the best interests of the City to construct the Project for the public health, safety, and welfare, in accordance with the plans and specifications, as described; that the System continues to be operated in accordance with the provisions of the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.; and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City in the form of a forgivable loan in the aggregate principal amount (which can include construction period interest financed over the term of the loan) not to exceed $4,000,000.

SECTION 3. ADDITIONAL ORDINANCES

The Corporate Authorities may adopt additional ordinances or proceedings supplementing or amending this Ordinance, providing for entering into the Loan Agreement with the Illinois Environmental Protection Agency, prescribing all the details of the Loan Agreement, and providing for the collection, segregation and distribution of the revenues of the System, so long as the maximum amount of the Loan Agreement as set forth in this Ordinance is not exceeded and there is no material change in the project or purposes described herein. Any additional ordinances or proceedings shall in all instances become effective in accordance with the Act or other applicable laws. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for entering into the Loan Agreement under applicable law.

However, notwithstanding the above, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Public Water Supply Loan Program without the written consent of the Illinois Environmental Protection Agency.

SECTION 4. LOAN NOT INDEBTEDNESS OF THE CITY

Repayment of the loan to the Illinois Environmental Protection Agency by the City pursuant to this Ordinance is to be solely from the revenue derived from the revenues of the System, and the loan does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. The foregoing notwithstanding, the City is only seeking a loan for which principal loan forgiveness is available and, to the extent that principal loan forgiveness is not available for the Project, the City has determined that it will not be seeking a loan for the Project.

SECTION 5. APPLICATION FOR LOAN

The City Manager is hereby authorized to make application to the Illinois Environmental Protection Agency for a loan through the Public Water Supply Loan Program, in accordance with the loan requirements set out in 35 Ill. Adm. Code 662.

SECTION 6. ACCEPTANCE OF LOAN AGREEMENT

The Corporate Authorities hereby authorize acceptance of the offer of a loan through the Public Water Supply Loan Program, including all terms and conditions of the Loan Agreement as well as all special conditions contained therein and made a part thereof by reference. The Corporate Authorities further agree that the loan funds awarded shall be used solely for the purposes of the project as approved by the Illinois Environmental Protection Agency in accordance with the terms and conditions of the Loan Agreement.

SECTION 7. OUTSTANDING BONDS

The City has outstanding bonds, payable from revenues of the system, that are senior to the loan authorized by this Ordinance, and the City establishes an account, coverage, and reserves equivalent to the account(s), coverage(s) and reserve(s) as the senior lien holders in accordance with 35 Ill. Adm. Code 662.350(a)(9)(C)(PWS).

SECTION 8. AUTHORIZATION OF MAYOR TO EXECUTE LOAN AGREEMENT

The Mayor is hereby authorized and directed to execute the Loan Agreement with the Illinois Environmental Protection Agency. The Corporate Authorities may authorize by resolution a person other than the Mayor for the sole purpose of authorizing or executing any documents associated with payment requests or reimbursements from the Illinois Environmental Protection Agency in connection with this loan.

SECTION 9. SEVERABILITY

If any section, paragraph, clause or provision of this Ordinance is held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance.

SECTION 10. REPEALER

All ordinances, resolutions, orders, or parts thereof, which conflict with the provisions of this Ordinance, to the extent of such conflict, are hereby repealed.

SECTION 11. EFFECTIVE DATE

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: November 2, 2022

Passed: November 2, 2022

Omnibus Vote: Yeas: 9 Nays: 0

Recorded: November 2, 2022

Published: November 2, 2022

Attest:

s/ Kimberly Dewis

Kimberly Dewis, City Clerk

REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE None.

ANNOUNCEMENTS

Mayor Kaptain made announcements regarding forthcoming meetings.

ADJOURNMENT

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

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

The meeting adjourned at 7:26 p.m.

https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/8139

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