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City Council

Regular Meeting

Elgin, IL · September 24, 2025

Minutes

Minutes

SEPTEMBER 24, 2025 VOLUME XC COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on September 24, 2025, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:23 p.m. The Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Absent: None. MINUTES OF THE SEPTEMBER 10, 2025, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Martinez made a motion, seconded by Councilmember Good, to approve the September 10, 2025, regular council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. COMMUNICATIONS Hispanic Heritage Month Proclamation Councilmember Alfaro read the following proclamation in Spanish and Councilmember Ortiz read the following proclamation in English: PROCLAMATION WHEREAS, Hispanic Heritage Month is celebrated annually from September 15 through October 15 to honor history and culture, beginning with the independence anniversaries of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua on September 15, followed by Mexico on September 16 and Chile on September 18; and WHEREAS, Hispanics of Mexican, Puerto Rican, Cuban, Caribbean, Central American, and South American descent comprise the largest ethnic group in Kane County and the City of Elgin; and 494 VOLUME XC SEPTEMBER 24, 2025 WHEREAS, the United States Census Bureau estimates that Hispanics represent the fastest-growing demographic in the City of Elgin; and WHEREAS, Hispanic and Latino Americans have enriched our community through strong family values, enduring work ethic, and remarkable achievements in all areas of society— including business, education, sports, and the arts. The contributions of the Hispanic community continue to strengthen Elgin and enhance the well-being of all who call our city home; NOW, THEREFORE, I, David Kaptain, Mayor of the Great City of Elgin, do hereby proclaim September 15 through October 15, 2025, as HISPANIC HERITAGE MONTH in Elgin and encourage all residents to honor and celebrate the rich heritage, vibrant culture, and invaluable contributions of Hispanic and Latino Americans in our community. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of September 2025. David J. Kaptain Mayor PUBLIC COMMENTS Jessica Astrug stated her concerns about a proposed development on Galt Boulevard BID 25-041 AWARDED TO LAYNE CHRISTENSEN CO. FOR WELLS NO. 4A AND 5 REHABILITATION Councilmember Steffen made a motion, seconded by Councilmember Good, to award a contract to Layne Christensen Co. for the Wells No. 4A and 5 Rehabilitation project in the amount of $1,156,064 to ensure a sufficient source of water supply for the city. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. BID 25-047 AWARDED TO RIDDIFORD ROOFING COMPANY FOR HEMMENS CULTURAL CENTER ROOF REPLACEMENT Councilmember Powell made a motion, seconded by Councilmember Alfaro, to award the contract to Riddiford Roofing Company in the amount of $352,135 to replace the aged roof at the Hemmens Cultural Center. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. 495 SEPTEMBER 24, 2025 VOLUME XC BID 25-049 AWARDED TO ALL SERVICE CONTRACTING CORP FOR GAC FILTER MEDIA REMOVAL AND REPLACEMENT Councilmember Ortiz made a motion, seconded by Councilmember Thoren, to award the GAC Filter Media Removal and Replacement bid to All Service Contracting Corp in the amount of $146,308 to enhance the city’s water treatment by exchanging the spent granular activated carbon to continue to provide high quality water. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT APPROVED WITH LEOPARDO CONSTRUCTION FOR THE PUBLIC WORKS LUNCHROOM RENOVATION Councilmember Thoren made a motion, seconded by Councilmember Martinez, to award a contract to Leopardo Construction in the amount of $162,551 for the renovation of the of the lunchroom and adjoining corridors at the Public Works facility. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. JOINT PURCHASING PROGRAM OMNIA CONTRACT APPROVED WITH TRANE TECHNOLOGIES FOR THE POLICE FACILITY ELECTRICAL ROOM COOLING SYSTEM Councilmember Good made a motion, seconded by Councilmember Steffen, to approve the contract with Trane Technologies in the amount of $121,826 to install a proper cooling system into the electrical room at the Police facility. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. JOINT PURCHASING PROGRAM OMNIA CONTRACT APPROVED WITH TRANE TECHNOLOGIES FOR THE ROOFTOP HVAC REPLACEMENT AT BOWES CREEK GOLF CLUBHOUSE Councilmember Thoren made a motion, seconded by Councilmember Steffen, to approve the contract with Trane Technologies in the amount of $208,143 for the replacement rooftop units on the Bowes Creek Country Club. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. 496 VOLUME XC SEPTEMBER 24, 2025 OMNIA PARTNERS COOPERATIVE AGREEMENT APPROVED WITH SUNBELT RENTALS INCE. FOR POWER DISTRIBUTION EQUIPMENT RENTAL FOR NIGHTMARE ON CHICAGO STREET Councilmember Good made a motion, seconded by Councilmember Martinez, to approve a contract with Sunbelt Rentals, Inc. in the amount of $39,682 to secure power distribution equipment for use during Nightmare on Chicago Street. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. JOINT PURCHASING PROGRAM OMNIA CONTRACT APPROVED WITH CRADLEPOINT MOBILE WIRELESS ROUTERS REPLACEMENT FROM CDS TECHNOLOGIES Councilmember Steffen made a motion, seconded by Councilmember Alfaro, to approve a contract with CDS Technologies in the amount of $48,003 for the purchase of replacement Cradlepoint Mobile Wireless Routers to replace outdated communications equipment used on front line emergency vehicles and will ensure the efficiency and effectiveness of Fire department communications. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. ZOLL AUTOMATED EXTERNAL DEFIBRILLATOR (ZOLL AED 3) REPLACEMENT PURCHASE (22 DEVICES) — STATE OF ILLINOIS CONTRACT WITH SECOND CHANCE CARDIAC SOLUTIONS Councilmember Thoren made a motion, seconded by Councilmember Martinez, to authorize the contract with Second Chance Cardiac Solutions at the cost of $35,151 to replace 22 automated external defibrillators (AED) in the city’s AED 142-unit inventory that have reached the end of their service life. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 25-170 ADOPTED ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN’S INSURANCE PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Good, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. 497 SEPTEMBER 24, 2025 VOLUME XC Resolution No. 25-170 RESOLUTION ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM 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, be and is hereby authorized and directed to accept the proposals on behalf of the City of Elgin for the city’s insurance program commencing October 1, 2025 as follows: a. To accept Travelers’ renewal proposal for liability and crime insurance for an annual premium of $977,940. b. To accept Public Risk, Innovation, Solutions, and Management’s (PRISM) proposal for excess liability insurance for an annual premium not to exceed $258,850. c. To accept HDI Global Specialty proposal for excess liability insurance for an annual premium of $156,382. d. To accept Safety National’s renewal proposal for excess workers’ compensation insurance for an annual premium of $307,619. e. To accept Alliant Insurance Services, Inc.'s proposal for insurance consultant services for a three-year term of $111,000. BE IT FURTHER 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 an Agreement with Alliant Insurance Services, Inc. dated September 30, 2025, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an Agreement with Public Risk, Innovation, Solutions, and Management’s (PRISM) dated October 1, 2025, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 498 VOLUME XC SEPTEMBER 24, 2025 Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 25-160 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOR ECONOMIC DEVELOPMENT SERVICES Councilmember Powell made a motion, seconded by Councilmember Dixon, to adopt the following resolution. Councilmember Thoren made a motion, seconded by Councilmember Ortiz, to amend the proposed agreement by adding milestones for the creation of the Special Service Area (SSA), including hiring a consultant by the end of the year, and working with Corporation Counsel for other specific milestones, as well as adding the Elgin Chamber of Commerce and Elgin Convention and Visitors Bureau as board members. Upon a roll call vote: Yeas: Councilmembers Good, Martinez, Ortiz, Thoren, and Mayor Kaptain. Nays: Councilmember Dixon, Powell and Steffen. Councilmember Alfaro abstained. There was discussion regarding the motion to amend including addition of the board members, the creation of the Special Service Area (SSA), the proposed audit requirements, and if performance goals have been met. Councilmember Powell made a motion, seconded by Councilmember Dixon, to postpone the adoption the Purchase of Service Agreement with the Downtown Neighborhood Association. Upon a roll call vote: Yeas: Councilmembers Dixon, Ortiz, Powell, and Steffen. Nays: Councilmember Good, Martinez, Thoren and Mayor Kaptain. Councilmember Alfaro abstained. Motion Failed. Councilmember Powell made a motion, seconded by Councilmember Dixon, to adopt the following resolution as amended in such form as approved by the Corporation Counsel. Upon a roll call vote: Yeas: Councilmembers Dixon, Good, Martinez, Ortiz, Thoren, and Mayor Kaptain. Nays: Councilmember Powell and Steffen. Councilmember Alfaro abstained. 499 SEPTEMBER 24, 2025 VOLUME XC Resolution No. 25-160 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOR ECONOMIC DEVELOPMENT SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase of Services Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association of Elgin for economic development services, in such form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Adopted: September 24, 2025 Vote: Yeas: 6 Nays: 2 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 25-171 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (AGREEMENT NO. HS-26-0053) Councilmember Ortiz made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. 500 VOLUME XC SEPTEMBER 24, 2025 Resolution No. 25-171 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (Agreement No. HS-26-0053) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program (STEP) grant in the amount of $175,380 for occupant protection and impaired driving enforcement. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Debra Nawrocki, Chief Financial Officer, be and are hereby authorized and directed to execute a grant agreement with the State of Illinois and the Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program (STEP), in such form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Adopted: September 24, 2025 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G45-25 WAS DISCUSSED AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, AS AMENDED, ENTITLED “CITY COUNCIL,” AND TITLE 3 OF THE ELGIN MUNICIPAL CODE, AS AMENDED, ENTITLED “BOARDS AND COMMISSIONS” Councilmember Ortiz made a motion, seconded by Councilmember Thoren, to adopt the proposed ordinance. No vote was taken. Councilmember Alfaro made a motion, seconded by Councilmember Powell, to amend the council rules by adding provisions to reimburse the city for unattended events when attending a seminar funded by the city to report back to colleagues, and to rotate the councilmember to make the initial recommendations for boards and commissions. 501 SEPTEMBER 24, 2025 VOLUME XC There was discussion regarding ticket/events repayment if unable to attend or return within 48 hours of the event for other city participants to attend, to provide reports from seminars or conferences attended, and rotating who assists in making initial recommendations for boards and commissions appointments. There were concerns about security for members attending remotely and suggestions were offered. Councilmember Alfaro made a motion, seconded by Councilmember Powell, to approve the checkout process for material provided in Executive Session. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Powell, and Steffen. Nays: Councilmembers Good, Martinez, Ortiz, Thoren and Mayor Kaptain. Motion failed. Corporation Counsel would compile the changes and present and updated ordinance for consideration. MOTION TO REMOVE RESOLUTION 25-164 FROM THE CONSENT AGENDA Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to remove Resolution 25-164 from the consent agenda for clarification. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 25-164 ADOPTED AS AMENDED AUTHORIZING EXECUTION OF A RESTAURANT OPERATING SERVICES AGREEMENT WITH PLANK ROAD TAP ROOM, LLC TO OPERATE FOOD AND BEVERAGE OPERATIONS AT THE WING PARK CLUBHOUSE AND ASSOCIATED FACILITIES Councilmember Steffen made a motion, seconded by Councilmember Powell, to adopt the following resolution with clarification regarding changing the name from Plank Road Tap Room LLC to Chip Shots Payroll LLC in the proposed agreement. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 25-164 RESOLUTION AUTHORIZING EXECUTION OF A RESTAURANT OPERATING SERVICES AGREEMENT WITH CHIP SHOTS PAYROLL, LLC TO OPERATE FOOD AND BEVERAGE OPERATIONS AT THE WING PARK CLUBHOUSE AND ASSOCIATED FACILITIES 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 Restaurant Operating Services Agreement on behalf of the City of Elgin with Chip Shots Payroll, LLC, to operate food and beverage operations at the Wing 502 VOLUME XC SEPTEMBER 24, 2025 Park Clubhouse and associated facilities, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Adopted: September 24, 2025 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 Ortiz, to pass Ordinance Nos. G41-25 through G44-25 and Resolution Nos. 25-162 through 25- 169 except 25-164 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. RESOLUTION 25-162 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH EMERGENCY SERVICES CONSULTING INTERNATIONAL, INC. (ESCI) FOR PROFESSIONAL SERVICES RELATED TO THE FIRE STATION LOCATION PLANNING STUDY Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 25-162 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EMERGENCY SERVICES CONSULTING INTERNATIONAL, INC. (ESCI) FOR PROFESSIONAL SERVICES RELATED TO THE FIRE STATION LOCATION PLANNING STUDY 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 503 SEPTEMBER 24, 2025 VOLUME XC 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 Emergency Services Consulting International, Inc. (ESCI), for professional services related to the fire station location planning study, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 25-163 ADOPTED URGING FEDERAL AND STATE LEADERS TO ENACT LEGISLATION PROHIBITING LAW ENFORCEMENT OFFICERS FROM CONCEALING THEIR IDENTITIES Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 25-163 RESOLUTION URGING FEDERAL AND STATE LEADERS TO ENACT LEGISLATION PROHIBITING LAW ENFORCEMENT OFFICERS FROM CONCEALING THEIR IDENTITIES WHEREAS, the City of Elgin has a longstanding commitment to public safety policies for preventing violence through constitutional policing, education and mental health assistance that respects civil and human rights for all; and WHEREAS, the City of Elgin remains committed to policies that uphold civil rights, reinforce public safety through neighborhood investment, and respect the authority of local leadership; and 504 VOLUME XC SEPTEMBER 24, 2025 WHEREAS, the current federal administration has been deploying federal agents wearing masks and civilian clothing, without name tags or badges and traveling in unmarked vehicles, to make arrests and conduct immigration enforcement operations across the country, including Elgin, the Chicago metropolitan area and the State of Illinois; and WHEREAS, the federal government’s actions to intentionally hide the identities of its agents make it far more difficult to challenge unlawful government acts, including holding agents accountable for arrests that do not comport with basic constitutional rights or the country’s immigration laws; and WHEREAS, the decision to begin concealing the faces of law enforcement agents who are carrying out arrests and detentions evades accountability and decreases transparency, increasing public allegations of government overreach, abuse of power and violations of constitutional rights; and WHEREAS, public confusion over whether masked, plainclothes agents are legitimate law enforcement makes it difficult to distinguish between legal detention and criminal conduct, and has also contributed to a dangerous increase in impersonation of officers; and WHEREAS, Elgin Police Department officers are prohibited from intentionally disguising or concealing their identities from the public by wearing any mask, covering or disguise while performing their official duties; and WHEREAS, Elgin Police Department officers assigned to conduct patrol or field duties wear body cameras and activate their cameras during all law enforcement-related activities during which the officer is interacting with a member of the general public; and WHEREAS, all other law enforcement officers, including federal agents, are urged to adhere to these requirements to protect public safety and promote accountability; and WHEREAS, Elgin Police Department officers must, when requested, correctly identify themselves by providing their rank, name, and badge number (or employee number for civilian members) to any member of the public; and WHEREAS, to protect public safety and promote accountability, all federal agents operating in Elgin are urged, at all times when interacting with Elgin residents, to display identifying information in a clearly visible fashion, including the name of the federal agency, last name and badge number of the federal law enforcement officer; and WHEREAS, actions by masked federal agents erodes trust between the community and local law enforcement; and WHEREAS, concealing the identity of federal agents contravenes federal regulations requiring that immigration agents must identify themselves when making an arrest as soon as it is safe to do so, see 8 C.F.R. 287.8(c)(2)(iii); and 505 SEPTEMBER 24, 2025 VOLUME XC WHEREAS, the Illinois Attorney General and the attorney generals from at least twenty other states have called upon Congress to advance legislation that will similarly prohibit federal immigration agents from wearing masks that conceal their identities and will require agents to show identification and agency-identifying insignia, to protect the public, ensure accountability, and preserve the reputation and effectiveness of law enforcement at every level of government; and WHEREAS, several pieces of legislation have been introduced in Congress that will ban masks for federal immigration agents, including the No Secret Police Act, H.R. 4176; the No Anonymity in Immigration Enforcement Act of 2025, H.R. 4004; the ICE Badge Visibility Act, H.R. 4298; and the Visible Identification Standards for Immigration-Based Law Enforcement Act of 2025, S. 2212; and WHEREAS, no law enforcement officer should be allowed to avoid the scrutiny required to ensure their actions comport with the law; and WHEREAS, the right to challenge the government’s and its agents’ potentially unlawful acts is fundamental to our democratic system of government; and WHEREAS, the current federal administration’s mask policy invites further rule of law erosion and compromises the courts’ ability to act as a check on the federal government by evaluating possible constitutional and statutory rights violations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS SECTION 1: That the foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: That the City of Elgin hereby urges the Illinois Congressional Delegation and the Illinois General Assembly to enact legislation that will prohibit law enforcement agents from concealing their identities from the public by wearing masks and will require agents to wear appropriate uniforms and present identification when conducting enforcement operations. SECTION 3: That copies of this Resolution shall be furnished to all members of the Illinois Congressional Delegation, the Governor of Illinois, the President of the Illinois Senate, and the Speaker of the Illinois House of Representatives. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor 506 VOLUME XC SEPTEMBER 24, 2025 Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 25-165 ADOPTED APPOINTING MEMBERS TO THE ELGIN HERITAGE COMMISSION AND DESIGN REVIEW SUBCOMMITTEE Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 25-165 RESOLUTION APPOINTING MEMBERS TO THE ELGIN HERITAGE COMMISSION AND DESIGN REVIEW SUBCOMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Vivien Lasken, is hereby appointed as a member of the Elgin Heritage Commission, for a term that will expire on May 1, 2028. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Mellissa Street, is hereby appointed as a member of the Elgin Heritage Commission, for a term that will expire on May 1, 2028. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dennis Roxworthy, is hereby reappointed as a member of the Elgin Heritage Commission, for a term that will expire on May 1, 2028. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Carly Gorick, is hereby reappointed as a member of the Elgin Heritage Commission Design Review Subcommittee, for a term that will expire on May 1, 2028. s/ David J. Kaptain David J. Kaptain, Mayor 507 SEPTEMBER 24, 2025 VOLUME XC Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 25-166 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH CITY OF ELGIN WATER DISTRIBUTION SYSTEM MAPPING PROJECT Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 25-166 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH CITY OF ELGIN WATER DISTRIBUTION SYSTEM MAPPING PROJECT 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 Stantec Consulting Services, Inc., for professional services in connection with City of Elgin water distribution system mapping project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 508 VOLUME XC SEPTEMBER 24, 2025 Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 25-167 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SEVEN HILLS TECHNOLOGY, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH WEB PORTAL SUPPORT AND MOBILE APPLICATION REDESIGN Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 25-167 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SEVEN HILLS TECHNOLOGY, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH WEB PORTAL SUPPORT AND MOBILE APPLICATION REDESIGN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Seven Hills Technology, LLC, for professional services in connection with web portal support and mobile application redesign, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor 509 SEPTEMBER 24, 2025 VOLUME XC Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 25-168 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS’ COMPENSATION CASES Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 25-168 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of James Raap, Case No. 24 WC 013112, in the total amount of $68,954.38 is approved. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Adam Schuessler, Case No. 22 WC 01377, in the total amount of $117,138.75 is approved. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Cameron Jackson, Case No. 24 WC 009373, in the total amount of $63,560.73 is approved. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 510 VOLUME XC SEPTEMBER 24, 2025 RESOLUTION 25-169 ADOPTED APPOINTING MEMBERS TO THE HUMAN RELATIONS COMMISSION MLK SUBCOMMITTEE Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Resolution No. 25-169 RESOLUTION APPOINTING MEMBERS TO THE HUMAN RELATIONS COMMISSION MLK SUBCOMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Tena Raglin, Janice Hare, and Janie McCutchen, are hereby appointed as members of the Human Relations Commission MLK Subcommittee, for terms that will expire on May 1, 2028. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Carroll Bailey, Deborah Willis and Winfried Cooper, are hereby appointed as members of the Human Relations Commission MLK Subcommittee, for terms that will expire on May 1, 2027. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Michael Montgomery, is hereby reappointed as a member of Human Relations Commission MLK Subcommittee, for a term that will expire on May 1, 2026. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 511 SEPTEMBER 24, 2025 VOLUME XC ORDINANCE G41-25 PASSED PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A DEFINED AREA OF THE CITY OF ELGIN AT 835 WALNUT AVENUE, ELGIN, ILLINOIS, 60123 AND SURROUNDING PROPERTIES Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Ordinance No. G41-25 AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A DEFINED AREA OF THE CITY OF ELGIN AT 835 WALNUT AVENUE, ELGIN, ILLINOIS, 60123 AND SURROUNDING PROPERTIES WHEREAS, a certain property in the City of Elgin, commonly known as 835 Walnut Avenue, has been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the property depicted in Exhibit A may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the City of Elgin desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of chemical constituents; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Recitals. The foregoing recitals are incorporated herein as findings of the Mayor and City Council. Section 2. Definitions. The terms and words used in this ordinance shall be used, interpreted and defined as set forth in this Section: “Person” shall mean any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. “Potable water” shall mean any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or watering gardens in which produce intended for human consumption is grown. 512 VOLUME XC SEPTEMBER 24, 2025 “the Property” shall mean that real property commonly known as 835 Walnut Avenue, Elgin, Illinois, 60123 and surrounding properties, in the City of Elgin, Kane County, Illinois, depicted in the exhibit prepared by Hydrodynamics Consultants, Inc., entitled Groundwater Ordinance Area dated June 4, 2024, and attached hereto and made a part hereof as Exhibit A, and legally described in Exhibit B, attached hereto and made a part hereof. Section 3. Use of groundwater as a potable water supply prohibited. The use or attempt to use as a potable water supply, groundwater from the Property, by the installation or drilling of wells on or at the Property or by any other method on or at the Property is hereby prohibited. Section 4. Restrictions binding on City. Except for the provisions of Section 5, all restrictions contained in this ordinance shall be binding on the City. Section 5. Penalties. Any person violating the provisions of this section shall be subject to a fine of up to $500.00 for each violation. Section 6. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are in conflict with this ordinance. Section 7. Severability. If any provision of this section or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the section as a whole or of any portion not adjudged invalid. Section 8. Effective Date. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Passed: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 24, 2025 Published: September 24, 2025 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 513 SEPTEMBER 24, 2025 VOLUME XC ORDINANCE G42-25 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE RB RESIDENCE BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (633 E. CHICAGO STREET) Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Ordinance No. G42-25 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE RB RESIDENCE BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (633 E. Chicago Street) WHEREAS, written application has been made requesting conditional use approval to establish a physical fitness facility at 633 E. Chicago Street; and WHEREAS, the zoning lot with the building containing the premises at 633 E. Chicago Street Road is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the RB Residence Business District and ARC Arterial Road Corridor Overlay District, and a physical fitness facility is listed as a conditional use within the RB Residence Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 4, 2025, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated in their Findings of Fact; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the RB Residence Business District pertains to the government and affairs of the city. 514 VOLUME XC SEPTEMBER 24, 2025 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 4, 2025, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to establish a physical fitness facility is hereby granted for the property commonly known as 633 E. Chicago Street, which is commonly identified by Kane County Property Index Number 06-13-426-011, and legally described as follows: Lots 7 and 8 in Block 1 of Eastview Addition to Elgin, in the City of Elgin, Kane County, Illinois, being a subdivision in the Southeast ¼ of section 13, Township 41 North, Range 8, East of the Third Principal Meridian, in Kane County, Illinois. (commonly known as 633 E. Chicago Street). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Gerardo Pina, as applicant, and Shucri Monier Jibawi, as property owner, received June 13, 2025, and supporting documents including: a. Undated letter titled Proposed Business Operation: Physical Fitness Facility, dated received June 13, 2025; b. Land Title Survey, prepared by Land Divisions, Inc., dated April 1, 2002; and c. Proposed site plan, prepared by John W. Roberson, dated July 28, 2025, with such further revisions as required by the Community Development Director; and d. Two-page architectural plans, consisting of sheets A2, and A3, prepared by John W. Roberson, dated June 10, 2025, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. The starting time of training/camp sessions shall be staggered by one hour. More specifically, each training/camp session shall start no earlier than one hour after the previous training/camp session has ended. 3. A maximum of one training session/camp shall be held at any one time at the proposed physical fitness facility. The maximum number of participants per session shall be twenty-five (25). 515 SEPTEMBER 24, 2025 VOLUME XC 4. The hours of operation of the proposed physical fitness facility on the Subject Property shall be as follows: a. 3 p.m. – 8.p.m. Monday through Friday during the time U-46 schools are in session. b. 8 a.m. – 8 p.m. Monday through Friday during the time U-46 schools are not in session. c. 8 a.m. – 2 p.m. on Saturdays regardless of if U-46 schools are in session or not. d. All Sundays closed. 5. All street graphics must comply with the zoning ordinance requirements. Wall signs shall not be box signs. Wall signs must be channel letters. 6. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Passed: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 24, 2025 Published: September 24, 2025 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G43-25 PASSED GRANTING A CONDITIONAL USE FOR A PARKING LOT IN THE PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1001 N. RANDALL ROAD) Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. 516 VOLUME XC SEPTEMBER 24, 2025 Ordinance No. G43-25 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PARKING LOT IN THE PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1001 N. Randall Road) WHEREAS, written application has been made requesting conditional use approval to establish a parking lot [SR] (UNCL), more specifically the use of a parking lot by a land use not located on the subject property at 1001 N. Randall Road; and WHEREAS, the zoning lot with the building containing the premises at 1001 N. Randall Road is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the PAB Planned Area Business District established by Ordinance No. G6-22, and ARC Arterial Road Corridor Overlay District, and a parking lot [SR] (UNCL) is listed as a conditional use within the PAB Planned Area Business District established by Ordinance No. G6-22; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 4, 2025, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated in their Findings of Fact; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the PAB Planned Area Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 4, 2025, and the recommendations made by the Community Development 517 SEPTEMBER 24, 2025 VOLUME XC Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to establish a parking lot [SR] (UNCL), more specifically the use of a parking lot by a land use not located on the subject property, is hereby granted for the property commonly known as 1001 N. Randall Road, which is commonly identified by Kane County Property Index Number 06-09-154-040, and legally described as follows: LOT 1 IN VALLEY CREEK RESUBDIVISION, BEING A RESUBDIVISION OF LOT 564 IN VALLEY CREEK UNIT NO. 14, RECORDED JUNE 15, 1992 AS DOCUMENT 92K42893, ALL BEING A SUBDIVISION OF PART OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 30, 2024 AS DOCUMENT 2024K031076 IN KANE COUNTY, ILLINOIS. EXCEPT THAT PART OF LOT 1 IN VALLEY CREEK RESUBDIVISION, BEING A RESUBDIVISION OF LOT 564 IN VALLEY CREEK UNIT NO. 14, RECORDED JUNE 15, 1992 AS DOCUMENT 92K42893, ALL BEING A SUBDIVISION OF PART OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 30, 2024 AS DOCUMENT 2024K031076 IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF RANDALL ROAD, A 140- FOOT PUBLIC RIGHT-OF-WAY, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1, SOUTH 70 DEGREES38 MINUTES 32 SECONDS EAST, A DISTANCE OF 286.74 FEET; THENCE DEPARTING SAID LINE, SOUTH 19 DEGREES23 MINUTES 38 SECONDS WEST, A DISTANCE OF 74.55 FEET TO A POINT OF TANGENT CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 92.52 FEET, AN ARC LENGTH OF 45.04 FEET, CHORD BEARING SOUTH 33 DEGREES20 MINUTES 28 SECONDS WEST, A CHORD DISTANCE OF 44.60 FEET; THENCE SOUTH 47 DEGREES17 MINUTES 18 SECONDS WEST, A DISTANCE OF 63.04 FEET TO THE NORTHEASTERLY CORNER OF LOT 2 IN SAID VALLEY CREEK RESUBDIVISION; THENCE NORTH 70 DEGREES 36 MINUTES 48 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 245.04 FEET TO SAID EASTERLY RIGHT-OF-WAY OF RANDALL ROAD, ALSO BEING NORTHWESTERLY CORNER OF SAID LOT 2; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, ALONG A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15,696.13 FEET, AN ARC LENGTH OF 173.40 FEET, CHORD BEARING OF NORTH 18 DEGREES 54 MINUTES 53 SECONDS EAST, AND A CHORD DISTANCE OF 173.40 FEET TO THE POINT OF BEGINNING. AND ALSO EXCEPT 518 VOLUME XC SEPTEMBER 24, 2025 THAT PART OF LOT 1 IN VALLEY CREEK RESUBDIVISION, BEING A RESUBDIVISION OF LOT 564 IN VALLEY CREEK UNIT NO. 14, RECORDED JUNE 15, 1992 AS DOCUMENT 92K42893, ALL BEING A SUBDIVISION OF PART OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 30, 2024 AS DOCUMENT 2024K031076 IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 2 IN SAID VALLEY CREEK RESUBDIVISION, ALSO BEING A POINT ON THE EASTERLY LINE OF RANDALL ROAD, A 140-FOOT PUBLIC RIGHT-OF-WAY; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, SOUTH 70 DEGREES 36 MINUTES 49 SECONDS EAST, A DISTANCE OF 199.97 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 70 DEGREES 36 MINUTES 49 SECONDS EAST, A DISTANCE OF 32.50 FEET; THENCE SOUTH 19 DEGREES 27 MINUTES 25 SECONDS WEST, A DISTANCE OF 180.66 FEET; THENCE SOUTH 13 DEGREES 53 MINUTES 47 SECONDS WEST, A DISTANCE OF 67.96 FEET TO THE NORTHERLY LINE OF ROYAL BOULEVARD, AN 80-FOOT PUBLIC RIGHT-OF-WAY; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 65 DEGREES 47 MINUTES 03 SECONDS WEST, A DISTANCE OF 39.22 FEET TO THE SOUTHERNMOST CORNER OF LOT 563 IN VALLEY CREEK UNIT NO. 14; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1, NORTH 19 DEGREES 27 MINUTES 25 SECONDS EAST, A DISTANCE OF 245.00 FEET TO THE POINT OF BEGINNING. (commonly known as 1001 N. Randall Road). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 7. Substantial conformance to the Development Application submitted by Brilliance Subaru, as applicant, and Kane Holdings LLC, as property owner, received June 2, 2025 and supporting documents including: a. A letter RE: Conditional Use Permit, prepared by Jim Daluga, general manager of Brilliance Subaru, dated July 28, 2025; b. ALTA/ACSM Land Title Survey, prepared by Michael F Feldbusch, professional land surveyor, dated last revised December 8, 2010; and c. Undated parking lot layout plan, dated received July 25, 2025, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 8. Compliance with all applicable codes and ordinances. 519 SEPTEMBER 24, 2025 VOLUME XC Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Passed: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 24, 2025 Published: September 24, 2025 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G44-25 PASSED AMENDING CHAPTER 2.30 OF THE ELGIN MUNICIPAL CODE ENTITLED “RESIDENTIAL REHABILITATION PROGRAM” Councilmember Steffen made a motion, seconded by Councilmember Ortiz, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Ordinance No. G44-25 AN ORDINANCE AMENDING CHAPTER 2.30 OF THE ELGIN MUNICIPAL CODE ENTITLED “RESIDENTIAL REHABILITATION PROGRAM” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.30.050 of the Elgin Municipal Code, entitled “Owner occupied, single-family dwelling rehabilitation grant program” be and is hereby amended to read as follows: 2.30.050. Owner occupied, single-family dwelling rehabilitation grant program. A. Eligible rehabilitation. Exterior repair or rehabilitation of owner-occupied, lawful single-family dwellings. Eligible assistance shall be limited to the actual costs incurred in meeting the requirements of the property maintenance code. 520 VOLUME XC SEPTEMBER 24, 2025 B. Applicant qualifications. Eligible applicants shall include any person who meets all of the following qualifications: 1. Owns and occupies a lawful single-family dwelling located within the corporate limits of the city and outside of a "special management area," as defined in the Kane County stormwater management ordinance as adopted by the city, including a floodplain, regulatory floodplain, wetland, wetland mitigation area, or other like area. 2. Is at least eighteen (18) years of age. 3. Is a member of a household meeting the current Section 8 guidelines established by HUD. C. Grants. The amount of any grant shall be determined by the community development director or designee in accordance with the following residential rehabilitation program eligibility guidelines: Applicants with household incomes meeting the Section 8 extremely low income, very low- and low-income guidelines may qualify for a one hundred percent (100%) grant not to exceed twenty-four thousand two hundred dollars ($24,200.00). An additional grant in the amount not to exceed thirteen thousand five hundred dollars ($13,500.00) for a total grant amount not to exceed thirty-seven thousand seven hundred dollars ($37,700.00) may be provided for the removal or mitigation of lead-based paint hazards on the interior of the residential structure in accordance with the U.S. Department of Housing and Urban Development's (HUD) Lead-Safe Housing Rule, 24 CFR 35 entitled "Lead-Based Paint Poisoning Prevention in Certain Residential Structures." In the event the total cost of the rehabilitation project exceeds twenty-four thousand two hundred dollars ($24,200.00), the rehabilitation project shall not be eligible for a grant under this chapter. In addition, in the event the total cost of the removal or mitigation of lead- based paint hazards on the interior and/or exterior of the residential structure exceeds thirteen thousand five hundred dollars ($13,500.00), the rehabilitation project shall not be eligible for a grant under this chapter. In no event shall the amount of the grant under this chapter exceed thirty-seven thousand seven hundred dollars ($37,700.00). Each grant dollar value in this subsection C. shall be adjusted upward effective January 1, 2026, and annually thereafter in the percentage amount equal to the percentage increase for the previous twelve (12) months published in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U; Series ID: All items in Chicago-Naperville-Elgin, IL-IN-WI, all urban consumers, not seasonally adjusted; Base Period: 1982—1984 equals one hundred (100)). D. Conditions; agreement required. Program participation shall require the execution of an agreement between the owner and the city. The community development director, or designee, is authorized to execute the agreement on behalf of the city. 521 SEPTEMBER 24, 2025 VOLUME XC The agreement shall include, but is not limited to, the following requirements for the owner: 1. The owner shall allow a city selected and approved contractor to complete exterior repair or rehabilitation of the owner occupied, lawful single-family dwelling designated within the agreement in compliance with the property maintenance code within a six (6) month period from the date of the execution of the agreement. 2. The owner shall retain ownership of and continue to occupy such rehabilitated owner occupied, lawful single-family dwelling for a period not less than twelve (12) months following the rehabilitation completion date as determined by the community development director or designee. Should the owner relinquish the owner's ownership interest during the twelve (12) month period, the grant shall be repaid by the owner in full. 3. An owner who owns a property built prior to January 1, 1978, is subject to HUD's Lead-Safe Housing Rule, 24 CFR 35 and the city's lead hazard reduction policies as defined in the city Community Development Block Grant Policies and Procedures Manual. The owner shall agree to the following to assist the city in complying with its lead hazard reduction policies: a. The owner shall allow an initial lead-based paint hazard inspection to be conducted by a city appointed inspector on the interior and exterior of the dwelling and where applicable, on the interior and exterior common areas of the property which may include, but not be limited to, the garage, fences and bare soil. b. The owner shall agree to the mitigation or removal of any lead-based paint hazards identified by the initial inspection on the interior and exterior of the dwelling and as identified, on the interior and exterior common areas of the property which may include, but not be limited to, the garage, fences and bare soil. Any such mitigation or removal or any lead-based paint hazards will be completed by the city's selected contractor at no cost to the owner through an additional grant providing for such mitigation or removal pursuant to the provisions of subsection C of this section. c. During the time period of the initial inspection and during the course of the project, the owner may be required to temporarily relocate from the property. The costs associated with the temporary relocation of the owner shall be at no cost to the owner, such temporary relocation costs to be paid from the grant funds for the project pursuant to the provisions of subsection C of this section. d. Regardless of participation in the program, the owner of a pre-1978 building shall be required to disclose all the findings of the initial lead-based paint hazard inspection and where applicable, risk assessment, and lead clearance 522 VOLUME XC SEPTEMBER 24, 2025 reports upon sale of the property, in accordance with HUD'S Lead-Safe Housing Rule, 24 CFR 35, subpart A entitled "Disclosure of Known Lead- Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property." 4. The owner shall allow periodic inspections of the property by the city to monitor the progress of the work, including, but not limited to, a final inspection. Upon completion of the work, the owner shall allow a final lead-based paint hazard inspection to be conducted by a city-appointed inspector on the interior and exterior of the dwelling to determine the extent of lead hazard mitigation or removal and allow the preparation of a lead clearance report. 5. To the greatest extent possible considering the maximum amount of funding available to an individual owner within subsection C of this section, program participation and exterior rehabilitation activities shall either result in full compliance, or demonstrate working toward full compliance, with the property maintenance code as it applies to the exterior of the single-family dwelling. The maximum amount of funding available to an individual owner within this section, or an expectation of participation in this program in future years, shall not stay enforcement of property maintenance code violations. Section 2. 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 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: September 24, 2025 Passed: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 24, 2025 Published: September 24, 2025 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 523 SEPTEMBER 24, 2025 VOLUME XC REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Ortiz made a motion, seconded by Councilmember Good, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Civilian Review Board July 21, 2025 Heritage Design Review Subcommittee August 26, 2025 Human Relations Commission, July 1, 2025 Liquor Commission, July 9 and August 13, 2025 Planning and Zoning Commission August 4, 2025 Sustainability Commission August 12, 2025 Committee of the Whole August 27, 2025 City Council August 27, 2025 Cannabis Tax Excise Tax Income Tax Local Sales Tax Riverboat Revenue Sales Tax State Use Tax Video Gaming Revenue Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Good made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. The meeting adjourned at 9:16 p.m. s/ Kimberly Dewis October 8, 2025 Kimberly Dewis, City Clerk Date Approved 524
City Council — Elgin, IL