Elgin City Council Meeting – November 5, 2025

The Elgin City Council met on November 5, 2025, in a combined Committee of the Whole and Regular City Council session. The meeting featured extensive public testimony regarding ICE enforcement activities, followed by the passage of a resolution restricting the use of city-owned property for civil immigration enforcement. The council also approved a series of routine contracts, development petitions, and received the preliminary presentation of the 2026 budget and three-year financial plan.

Consent Calendar

• Approved the minutes from the October 23, 2025 meeting (9-0).
• Approved the consent agenda (9-0), which included routine items not requiring separate discussion.

Public Comments & Testimony

• Ten speakers signed up; each was limited to three minutes. The first speaker, Carol Bailey, recounted a neighbor's abduction by ICE agents, describing the agents as having no warrants and treating people cruelly. She urged the council to limit ICE activity on city property.
• Another speaker, a single parent who previously relied on SNAP, criticized Republican efforts to cut food assistance and encouraged donations to food banks.
• Ebenezer Amun Raj, owner of Glass Market Smoke Shop, described the chilling effect of ICE enforcement on local businesses and families, calling for protection for all residents.
• Mary Holott, a Native American and Judson College graduate, condemned ICE actions and pleaded for an ordinance denying ICE access to public places.
• Dan Tully, an attorney who helped Venezuelan migrants, compared current ICE tactics to 1930s Germany and urged the council to pass an ordinance or at least the proposed resolution.
• Cristo Espinoza emphasized that a resolution is insufficient and advocated for an ordinance establishing ICE-free zones, noting that neighboring cities have enacted ordinances.
• Another speaker echoed the call for an ordinance over a resolution, citing its stronger legal standing.
• A lead marshal of local protests stated that the resolution does not go far enough and that signage installation timelines (6-8 weeks) are too long.
• Lisa Weimhoff, a resident of ten years, shared that a neighbor (a single mother with a disabled child) has not left home in weeks due to fear, calling the issue a human rights matter.
• One speaker, Kevin (or Stephen Esh), raised a completely separate topic about water supply from the Fox River and aquifer depletion, warning of potential costs if the city does not act.

Discussion Items

Item A – Hotel-Based Housing Reimbursement (AID Program)

• The city approved a subagreement with the Association for Individual Development (AID) for hotel-based housing and case management for individuals relocated from the 10th City encampment. Initial state funding was $418,000, with an additional $65,000 from Kane County. AID received $1 million in state fiscal year 2026, of which $700,000 is allocated for hotel reimbursement. To date, 39 individuals have received housing and supportive services, with outcomes including transitions to permanent housing and employment. The city’s previously allocated $425,000 has not been spent. Councilmember Ortiz confirmed that no city funds have been used yet. Councilmember Stefan inquired about Wayside Center’s planned transitional housing; the city manager clarified it operates independently and complements the city’s efforts toward functional zero homelessness. The program is at capacity and not accepting additional individuals.
• Vote: 9-0

Items B through F – Various Contract Approvals

• Item B: 18-month extension with Access One for voice telephone services, with reduced rates and a $2,000 credit if executed in November. Vote: 9-0
• Items C, D, E: Change orders for lead service line replacement programs: Contract A increased by $91,000 (original $4.5M); Contract B decreased by $124,000 (original under $8M); Contract C increased by ~$23,000 (original $1.5M). Net savings of $10,169.23. Councilmember Alfaro asked why costs rose despite fewer lines replaced (89 vs. 120); staff cited field conditions requiring extra materials/labor. Vote: 9-0 each
• Item F: Agreement with Harold Beckin & Sons for filter valves and control stations for water treatment plants. Vote: 9-0

Item G – Resolution Restricting ICE Use of City-Owned Property This was the most debated item. The proposed resolution prohibits city-owned properties from being used as staging areas, processing locations, or operations bases for civil immigration enforcement. City employees must report any attempted use; a police supervisor will respond, document, and report to the city manager. The city may seek court orders to enforce violations. The resolution also allows for signage for private property owners. The city’s corporation counsel, Christopher Beck, explained that a resolution (rather than an ordinance) was recommended to avoid constitutional challenges under the supremacy clause and to prevent placing police in a confrontational position. The resolution mirrors actions by Evanston, Wheeling, Lake County, etc.

• Councilmember Powell asked about the difference between a resolution and an ordinance; Beck explained that ordinances have the force of law and would require police enforcement, which could conflict with federal law and put officers at risk. Both could be challenged, but a resolution is more defensible.
• Councilmember Stefan supported the resolution as a step but pushed for stronger documentation and use of body cameras.
• Councilmember Alfaro wanted an ordinance, noting that either way could lead to litigation. She proposed amendments: adding language about “purported purpose” of immigration enforcement to cover illegal actions; requiring public education on enforcement; translating the resolution into Spanish; and including a provision that the resolution remains in effect until changed by the council. These amendments were approved (9-0).
• Councilmember Dixon advocated for an ordinance, arguing that if litigation comes, the city should fight with strong teeth. He also requested a six-month report to council, which was included in the amendments.
• Councilmember Martinez expressed frustration but acknowledged the need to proceed carefully.
• Councilmember Ortiz supported the resolution, noting that it offers the best chance of surviving a court challenge, and that an ordinance could be struck down entirely.
• Mayor Captain supported the resolution, emphasizing its comprehensiveness and the need to avoid putting city employees in legal jeopardy.
• Kane County State’s Attorney Jamie Mosser provided legal context, explaining that the Illinois Trust Act already restricts local police from assisting with civil immigration enforcement, and that the recently passed Senate Bill 1312 (expected to be signed) creates a civil cause of action for violations. She affirmed the resolution does not violate the supremacy clause.
• Chief of Police Anna Lally confirmed that officers already respond to reports of ICE activity, document with body cameras, and do not interfere with lawful federal actions. She stressed that officers will not violate the law.
• Interruption: A member of the public, frustrated with the handling of a disciplinary case (Officer Jason Lentz), was removed after disrupting proceedings. Mayor Captain later explained that the officer was reinstated due to arbitration, a state law requiring binding arbitration.
• Final Vote on the resolution (as amended): 9-0

Other Business – Development Petitions

• Petition 07-25 (1048 Dundee Ave): Conditional use for an auto detailing shop in an existing multi-tenant building. The applicant will install a sand/oil/grease separator and improve landscaping. Approved (9-0).
• Petition 29-25 (1341 Manor Court): Conditional use for an event space for game playing within an existing gaming retail store (Boars Hat Gaming). Approved (9-0).
• Petition 17-24 (860 Summit St): Adaptive reuse of an office building into 34 market-rate apartments (22 studios, 3 one-bedroom, 9 two-bedroom). Units will rent for $1,000–$1,600. Approval (8-1; Councilmember Martinez voted no).
• Police Union Contract: Resolution authorizing a collective bargaining agreement with PBPA Unit 54 was approved (9-0).

Budget Presentation (Item H) City Manager provided a preliminary overview of the 2026 budget and three-year financial plan. Key points:

• The general property tax levy will increase from $27.8 million to $32 million (13.3% increase), the first increase in over a decade, driven by rising pension costs and the need to maintain a 30% general fund reserve.
• Public safety pension levies increase by $3.3 million in 2026.
• No other tax increases are proposed.
• Water rates will rise 9.75% and sewer rates 4% in 2026, with similar increases planned through 2030.
• The five-year capital improvement plan totals over $500 million.
• The city will add 9 full-time and 13 part-time positions, primarily for parks and recreation (expanded sports complex) and public works.
• Budget deliberations begin November 12, 2025 at 5 PM.

Key Outcomes

• Passed Resolution (Item G) restricting ICE use of city-owned property, with amendments for quarterly reports (every six months), indefinite duration until council changes it, a public education statement in English and Spanish, and translation of the resolution into Spanish. Vote: 9-0
• Approved all consent items, contract renewals, and development petitions as noted above.
• Received the 2026 budget presentation; formal adoption is scheduled for December 17, 2025.
• Announcements: Recognition of Nightmare on Chicago Street event success; condolences for Sergeant Rich Free; Native American Heritage Month proclamation; available food assistance resources; Senator Durbin’s mention of Elgin’s DACA police/fire pipeline on the Senate floor.