City of Elgin Committee of the Whole met March 22
Here are the minutes provided by the committee:
COMMITTEE OF THE WHOLE MEETING
March 22, 2023
The regular Committee of the Whole meeting was called to order by Mayor Kaptain at 6:00 p.m. in the Council Chambers. Present: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Absent: None.
Approval of Minutes
Councilmember Dixon made a motion, seconded by Councilmember Shaw, to approve the minutes of the March 8, 2023 regular meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Community CDBG Annual Action Plan for Program Year 2023
There was a review of the types of projects that were approved and the selection criteria.
Councilmember Shaw made a motion, seconded by Councilmember Thoren, to release for public comment the activities and funding amounts recommended by the CDBG Review Panel for Program Year 2023. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Economic Incentive Agreement with Association for Individual Development
Councilmember Powell made a motion, seconded by Councilmember Good, to approve the economic development incentive agreement with Association for Individual Development to incent the development of the property at 695 S. State Street with a permanent supportive housing and affordable housing community. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Economic Incentive Agreement with Bella Casa Square, LLC
There was a discussion regarding the terms of the incentive agreement and the impact the development would have on the area’s traffic.
Councilmember Dixon made a motion, seconded by Councilmember Steffen, to approve the economic development incentive agreement with the Bella Casa Square, LLC to provide field inspection, design interpretation, contract administration, documentation, and general coordination and control of the day-to-day construction activities for the Summit Street and Dundee Avenue intersection improvement project. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Martinez.
Change Order No. 2 and Final for Bid 21-004A -2021 Sewer Lead Service Line Replacement Program
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Change Order No. 2 and Final Agreement for Bid 21-004A for the 2021 Lead Service Line Replacement Program as a balancing change order to document a decrease in the final construction value of $685,155. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Amendment Agreement No. 1 to Engineering Services Agreement with Engineering Enterprises, Inc. (EEI) for the Lead Service Line Replacement (LSLR) Program Year 2 Improvements
Councilmember Powell made a motion, seconded by Councilmember Good, to award Amendment No. 1 to the agreement with Engineering Enterprises, Inc., in the amount of $1,123,945 to contract with EEI for construction engineering services for Year 2 of the LSLR Program. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Construction Engineering Services Agreement with Engineering Enterprises, Inc. for the 2023 Country Knolls Resurfacing Project
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to enter into an agreement with Engineering Enterprises, Inc. for an amount of $134,895 to provide field inspection, design interpretation, contract administration including all required Motor Fuel Tax documentation, and general coordination and control of the day-to-day construction activities for the resurfacing of various neighborhood streets for the 2023 Country Knolls Resurfacing Project. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Construction Engineering Services Agreement with Hampton, Lenzini & Renwick, Inc. for the 2023 Eastside Resurfacing Project
Councilmember Powell made a motion, seconded by Councilmember Thoren, to enter into an agreement with Hampton, Lenzini & Renwick, Inc. for an amount of $163,629 to provide field inspection, design interpretation, contract administration including all required Motor Fuel Tax documentation, and general coordination and control of the day-to-day construction activities for the resurfacing of various collector streets for the 2023 Eastside Resurfacing Project. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Construction Engineering Services Agreement with Gewalt Hamilton Associates, Inc. for the 2023 Providence Resurfacing Project
Councilmember Martinez made a motion, seconded by Councilmember Good, to enter into an agreement with Gewalt Hamilton Associates, Inc. for an amount of $189,545 to provide field inspection, design interpretation, contract administration including all required Motor Fuel Tax documentation, and general coordination and control of the day-to-day construction activities for the resurfacing of various neighborhood streets for the 2023 Providence Resurfacing Project. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Resolution for Maintenance Under the Illinois Highway Code – 2023 Motor Fuel Tax Funds
Councilmember Shaw made a motion, seconded by Councilmember Dixon, to approve the annual motor fuel tax resolution in the amount of $2,170,000 to provide funding for annual roadway maintenance activities and materials purchases utilizing proceeds from the Illinois
Motor Fuel Tax Fund. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Change Order No. 1 and Final for Bid 20-051 -2020 Sewer Cleaning and Lining Program
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to award the Change Order No. 1 and Final for Bid 20-051 to Visu-Sewer in the amount of $25,000 for the 2020 Sewer Cleaning and Lining Program to clean, televise and rehabilitate sewer infrastructure to extend the service life of the pipes. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Community Task Force on Policing Recommendations—Subcommittee on Civilian Review Board
Discussion was held regarding the task force recommendation to create a review board including the scope of work, the proposed role in department discipline, the ability to issue subpoenas, and the makeup of the membership.
Corporation Counsel Cogley provided information on the membership recommendations noting it is vulnerable to legal challenges as written. He further noted that the membership for the Board of Fire and Police Commissioners should be reviewed for similar reasons. Attorney Cogley provided an overview of the collective bargaining agreement with respect to discipline and grievances. There was consideration regarding the recommendation to give the civilian review board the power to issue subpoenas. The consensus felt it was not necessary for the review board, but agreed there were benefits for the outside firm that investigates incidents to issue subpoenas.
Councilmember Good made a motion, seconded by Councilmember Powell, to consider creating a civilian review board, with the draft ordinance being provided to the police union to begin discussion before final consideration or adoption of an ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Powell, Rauschenberger, Steffen, and Mayor Kaptain. Nays: Councilmembers Martinez, Shaw and Thoren. Motion carried.
Reconsider Center for Policing Equity Vote from March 8, 2023 Committee of the Whole
Councilmember Good made a motion, seconded by Councilmember Shaw, to reconsider the vote from March 8, 2023 Committee of the Whole to reestablish the Center for Policing Equity relationship. Upon a roll call vote: Yeas: Councilmembers Good, Martinez, Shaw, Thoren, and Mayor Kaptain. Nays: Councilmembers Dixon, Powell, Rauschenberger, and Steffen. Motion carried.
There was discussion regarding the working relationship with the Center for Policing Equity (CPE). Councilmember Good read a letter into the record from Dr. Joshua Brockway, member of the Community Task Force on Policing, regarding the relationship between the city and CPE.
Councilmember Powell made a motion, seconded by Councilmember Rauschenberger, to amend the motion from March 8, 2023 to direct the CPE to work with the Civilian Review Board. This motion was withdrawn after discussion.
Councilmember Shaw made a motion, seconded by Councilmember Good, to reengage with the Center for Policing Equity for the purpose of a new memorandum of understanding and a presentation for previous data and the addition of two years of data. Upon a roll call vote: Yeas: Councilmembers Dixon, Powell, Rauschenberger, and Steffen. Nays: Councilmembers Good, Martinez, Shaw, Thoren, and Mayor Kaptain. Motion failed.
Adjourn to City Council
Councilmember Dixon made a motion, seconded by Councilmember Shaw, to adjourn the City Council meeting. Upon a roll call vote: Yeas: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Reconvene
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to reconvene the Committee of the Whole meeting. Upon a roll call vote: Yeas: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Community Task Force on Policing Recommendations—Subcommittee on Racial and Other Profiling Disparities
The recommendations on racial and other profiling disparities were discussed. The first recommendation was to pass an ordinance that bans minor non-moving vehicle infractions as the sole reason for a traffic stop. Examples of such infractions include: expired registration within sixty days, broken taillight, or objects dangling from the rearview mirror. The department did not concur with this recommendation.
Police Chief Lalley noted that this proposal would contradict state laws. This proposed ordinance would only impact the city of Elgin’s police department enforcement, but other law enforcement agencies would impose these laws causing confusion. Chief Lalley noted the policies currently in place to ensure discriminatory practices do not occur. There was further discussion regarding other communities that implemented similar ordinances and the pending litigation.
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to table the first recommendation from the Community Task Force on Policing Subcommittee on Racial and other Profiling Disparities banning minor non-moving vehicle infractions as the sole reason for a traffic stop. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to move forward with the recommendations from the Community Task Force Subcommittee on Racial and other Profiling Disparities relating to biannual dialogues focused on reducing racial profiling; reduce the impacts of stops that result in fines, incorporate community leaders as liaisons in aspects regarding contact with police. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Gifford Park Association Community Garden License Agreement Renewal
Councilmember Good made a motion, seconded by Councilmember Shaw, to renew the license agreement with the Gifford Park Association to allow the organization to continue coordinating community gardening on city property at 111 N. Channing Street. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Proposed Ordinance Creating a Retail Single-Use Bag Fee for Certain Retail Establishments
Mikala Larson, Sustainability Analyst, presented the recommendation from the Sustainability Commission to create a retail single use bag fee. A copy of the presentation is on file in the City Clerk’s office. She defined single use and outlined the exceptions to the bag fee. The objective of the recommendation was to change consumer behaviors and noted the public education component of the initiative. She provided the timeline to implement the program and how other communities oversaw their bag fee.
There was discussion regarding how the businesses impacted participated in the development of the recommendation. Further conversation was had regarding how the proposed fee would be dispersed and if there should be changes to the implementation timeline.
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to table the proposed ordinance creating a retail single-use bag fee for retail establishments of 5,000 square feet and larger to discourage and decrease the use of single-use bags within the city. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Agreement with Today’s Uniforms for Fire Department Uniforms
Councilmember Dixon made a motion, seconded by Councilmember Steffen, to approve a three year contract with Today’s Uniforms in the amount of $195,000 for three years or $65,000 per year to secure a uniform supply contract for fire department personnel. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Purchase Agreement with C & M Hydraulic Tool Supply, Inc. for the Hydrant Saver Equipment
Councilmember Dixon made a motion, seconded by Councilmember Steffen, to award an agreement to C & M Hydraulic Tool Supply, Inc. in the amount of $40,701 to purchase equipment for the repair and maintenance of fire hydrants. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
Announcements from Council
Councilmember Dixon wished his wife a happy anniversary.
Councilmember Rauschenberger noted it was the start of Ramadan.
Announcements from Staff
None.
Adjournment
Councilmember Martinez made a motion, seconded by Councilmember Good, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Powell, Rauschenberger, Shaw, Steffen, Thoren, and Mayor Kaptain. Nays: None.
The meeting adjourned at 12:35 a.m., March 23, 2023.
https://www.cityofelgin.org/ArchiveCenter/ViewFile/Item/8337
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