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HomeMy WebLinkAboutu - November 2, 2011 CC461 VOLUME LXXVI NOVEMBER 2, 2011 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 November 2, 2011, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. A moment of silence was observed and the Pledge of Allegiance was led by Ms. Ina Dews. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE OCTOBER 26, 2011, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve the October 26, 2011, council meeting minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Moose 100 Year Anniversary Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, The Loyal Order of Moose, on November 16, 1911, established Elgin Moose Lodge 799 with 242 charter members; and WHEREAS, Elgin Moose Lodge 799 has an historic presence of community charity and goodwill in Elgin; and WHEREAS, During the Great Depression, Elgin Moose Lodge 799 urged the Supreme Lodge to order 60,000 Elgin watches to use as awards, thereby securing the employment of many; and NOVEMBER 2, 2011 VOLUME LXXVI 462 WHEREAS, Elgin Moose Lodge 799 has provided social and recreational outlets for its 1279 active community spirited members; and WHEREAS, Elgin Moose Lodge 799 has sponsored and supported children at Mooseheart Child City since Mooseheart’s opening in 1913; and WHEREAS, Elgin Moose Lodge 799 has sponsored many aged members at Moosehaven, Moose City of Contentment which was established in Florida in 1922; an WHEREAS, Elgin Moose Lodge 799, a fine example of Fraternalism at its best, is celebrating its 100th anniversary on November 16, 2011; NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby honor Elgin Moose Lodge 799 and declare November 16, 2011 as Elgin Moose Lodge Day. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd Day of November, 2011 s/David J. Kaptain David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Carl Missele noted upcoming events sponsored by the Police Citizens Advisory Committee. Greg Shannon thanked those involved in organizing Nightmare on Chicago Street, in particular Barb Keselica, and noted an increase in his business that evening. Elizabeth Haney noted all of the hard work that went into the success of the Nightmare on Chicago Street event. Ursula Borodzinska thanked those involved in organizing Nightmare on Chicago Street, in particular Barb Keselica, and noted that evening she had her best sales since opening the business. Ron Weiner thanked the city for holding the Nightmare on Chicago Street event and thought that what’s good for the city is good for business. Bill Wurst noted that the business license needed to be rescinded now and could not wait until next year to be addressed. VOLUME LXXVI NOVEMBER 2, 2011 463 PETITION 24-11 APPROVED REQUESTING AN AMENDMENT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NUMBER G42-07, TO ALLOW A HEALTH FITNESS FACILITY WITH ACCESSORY CHILD CARE, TANNING, AND SAUNA SERVICES AS A PERMITTED LAND USE; PROPERTY LOCATED AT 623 SOUTH RANDALL ROAD; BY ELGIN REALTY PARTNERS, LLC, AS APPLICANT, AND OWNER Marc Mylott, Community Development Director, provided a brief overview for the project being presented. Councilmember Steffen made a motion, seconded by Councilmember Dunne, to approve Petition 24-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G46-11 and adopt Resolution Nos. 11-180 through 11-182 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 11-180 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS IN THE BOWES CREEK COUNTRY CLUB PHASE I SUBDIVISION Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-180 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS IN THE BOWES CREEK COUNTRY CLUB PHASE I SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance in the Bowes Creek Country Club Phase I Subdivision the following public improvements located within publicly dedicated rights of way or easements: public streets, street lighting, street signage, storm sewers, water mains, and sanitary sewers and their related appurtenances which will add approximately 5,320 lineal feet of 8-inch water main, 6,944 lineal feet of 12-inch water main, 3,950 lineal feet of 16-inch water main, eighteen 8-inch valves in 4-foot vaults, fifteen 12-inch valves in 5-foot vaults, eight 16-inch valves in 6-foot vaults, one pressure reducing valve, 49 fire hydrants, 10,857 lineal feet of 8-inch sanitary sewer, 913 lineal feet of 10-inch sanitary sewer, 268 lineal NOVEMBER 2, 2011 VOLUME LXXVI 464 feet of 24-inch sanitary sewer, 1,400 lineal feet of 12-inch force main, 1,400 lineal feet of 18- inch force main, 69 sanitary manholes, 1,681 lineal feet of 12-inch storm sewer, 802 lineal feet of 15-inch storm sewer, 1,125 lineal feet of 18-inch storm sewer, 1,223 lineal feet of 24-inch storm sewer, 878 lineal feet of 30-inch storm sewer, 40 catch basins/inlets, 31 storm manholes , two 12-inch flared end sections, one 18-inch flared end section, one 30-inch flared end section, 25 street lights, 26 street signs, 5,565 lineal feet of improved street, 11,911 lineal feet of curb and gutter, and their appurtenances to the city maintained facilities. For the purposes of clarification, improvements not being accepted at this time include parks, sidewalks, detention facilities, bike paths, parkway improvements including trees, mulch, black dirt and sod along with three sections of storm sewer pipe located on the Bowes Creek Golf Course which serve this phase of the development. Notwithstanding the foregoing, the City of Elgin hereby accepts for ownership and maintenance in the Bowes Creek Country Club Phase I Subdivision only the water mains and sanitary sewers located within easements in the following lots: Lot A; Lot B; Lot C (Arcadia Drive); Lot D (Valhalla Drive and Kingsmill Drive); Lot E (Seigle Drive); Lot F; Lot G; Lot H (Centennial Way); Lot I (Pinehurst Court); Lot J (Rivera Drive); Lot K (Broadmoor Drive); Lot L; Lot M; Lot N; Lot O; Lot P; Lot Q; Lot R; Lot S; Lot T; Lot U; Lot V; Lot W; Lot X; and Lot Y. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 2, 2011 Adopted: November 2, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-181 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 2A SUBDIVISION Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVI NOVEMBER 2, 2011 465 Resolution No. 11-181 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN PROVIDENCE UNIT 2A SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance in the Providence Unit 2A Subdivision the following public improvements: sanitary sewer, water main, storm sewer, pavement, sidewalk, bike path, street lights, signs, parkway trees and their respective appurtenances within the public right of way. Acceptance of the public improvements will add approximately 8,890 lineal feet of 8-inch water main; 87 lineal feet of 12-inch water main; twenty, 8-inch valves in 4-foot vaults; 37 fire hydrants; 3,894 lineal feet of 8-inch sanitary sewer; 3,607 lineal feet of 12-inch sanitary sewer; 49 sanitary manholes; 2,991 lineal feet of 12-inch storm sewer; 1,187 lineal feet of 15-inch storm sewer; 490 lineal feet of 18-inch storm sewer; 427 lineal feet of 21-inch storm sewer; 531 lineal feet of 24-inch storm sewer; 370 lineal feet of 27-inch storm sewer; 159 lineal feet of 30-inch storm sewer; 452 lineal feet of 42-inch storm sewer; 318 lineal feet of 48-inch storm sewer; 59 catch basins; 60 storm manholes; 37 street lights; 31 street signs; 2,577 lineal feet of bike path, 8,734 lineal feet of improved street (including curb and gutter, parkwa y and sidewalk on both sides of the street); and their respective appurtenances to the city maintained facilities. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 2, 2011 Adopted: November 2, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-182 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2012 Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. NOVEMBER 2, 2011 VOLUME LXXVI 466 Resolution No. 11-182 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of city council meetings for 2012 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 2012 Committee of the Whole January 11, 2012 6:00 PM City Council January 11, 2012 7:00 PM Committee of the Whole January 25, 2012 6:00 PM City Council January 25, 2012 7:00 PM Committee of the Whole (Strategic January 27, 2012 8:30 AM Planning Session) Committee of the Whole February 8, 2012 6:00 PM City Council February 8, 2012 7:00 PM Committee of the Whole February 22, 2012 6:00 PM City Council February 22, 2012 7:00 PM Committee of the Whole March 7, 2012 6:00 PM City Council March 7, 2012 7:00 PM Committee of the Whole March 21, 2012 6:00 PM City Council March 21, 2012 7:00 PM Committee of the Whole April 11, 2012 6:00 PM City Council April 11, 2012 7:00 PM Committee of the Whole April 25, 2012 6:00 PM City Council April 25, 2012 7:00 PM Committee of the Whole May 9, 2012 6:00 PM City Council May 9, 2012 7:00 PM Committee of the Whole May 23, 2012 6:00 PM City Council May 23, 2012 7:00 PM Committee of the Whole June 13, 2012 6:00 PM City Council June 13, 2012 7:00 PM Committee of the Whole June 27, 2012 6:00 PM City Council June 27, 2012 7:00 PM Committee of the Whole July 11, 2012 6:00 PM City Council July 11, 2012 7:00 PM Committee of the Whole July 25, 2012 6:00 PM City Council July 25, 2012 7:00 PM VOLUME LXXVI NOVEMBER 2, 2011 467 Committee of the Whole August 8, 2012 6:00 PM City Council August 8, 2012 7:00 PM Committee of the Whole August 22, 2012 6:00 PM City Council August 22, 2012 7:00 PM Committee of the Whole September 12, 2012 6:00 PM City Council September 12, 2012 7:00 PM Committee of the Whole September 26, 2012 6:00 PM City Council September 26, 2012 7:00 PM Committee of the Whole October 10, 2012 6:00 PM City Council October 10, 2012 7:00 PM Committee of the Whole October 24, 2012 6:00 PM City Council October 24, 2012 7:00 PM Committee of the Whole November 14, 2012 6:00 PM City Council November 14, 2012 7:00 PM Committee of the Whole November 28, 2012 6:00 PM City Council November 28, 2012 7:00 PM Committee of the Whole December 5, 2012 6:00 PM City Council December 5, 2012 7:00 PM Committee of the Whole December 19, 2012 6:00 PM City Council December 19, 2012 7:00 PM BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the foregoing city council meetings shall be held in the city council chambers in City Hall at 150 Dexter Court, Elgin, Illinois 60120, with the exception of the Committee of the Whole meeting on January 27, 2012, which will be held at the Hawthorne Hill Nature Center, 28 Brookside Drive, Elgin, Illinois 60123. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 2, 2011 Adopted: November 2, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk NOVEMBER 2, 2011 VOLUME LXXVI 468 ORDINANCE G46-11 PASSED AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIRE DEPARTMENT” Councilmember Dunne made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G46-11 AN ORDINANCE AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIRE DEPARTMENT” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled “Fire Department” be and is hereby amended by amending section 2.40.260, currently entitled “Fee; Residents Within Corporate Limits,” to read as follows: “2.40.260: FEES FOR SERVICE: Fees for emergency ambulance services and prehospital care provided by the fire department of the city within the corporate limits of the city shall be charged to the person receiving such services, or the person’s estate, in accordance with the following schedule: Resident Nonresident Basic life support emergency (BLS) $442.75 $692.75 Advanced life support emergency (ALS-1) $525.75 $900.00 Advanced life support emergency (ALS-2) $760.00 $1,135.00 Advanced life support (ALS) refusal $300.00 $400.00 Mileage (as measured from the location of the ambulance call to the hospital) $10.00 per mile or portion thereof $10.00 per mile or portion thereof. For purposes of this section “Advanced life support (ALS) refusal” shall mean a person who has received or accepted advanced life support services from ambulance personnel, but has refused transportation by ambulance to a hospital.” Section 2. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled “Fire Department” be and is hereby amended by amending Section 2.40.265, currently entitled “Fee; Nonresidents,” to read as follows: VOLUME LXXVI NOVEMBER 2, 2011 469 “2.40.265: BILLING AND COLLECTION: A. All those persons receiving emergency ambulance service from the fire department of the city that have either (i) insurance coverage that provides for the payment, in whole or part, of the ambulance service fee, or (ii) are covered by a governmental entity program such as Medicare or Medicaid that provides for the payment, in whole or in part, of the ambulance service fee, or (iii) have the ability to obtain reimbursement, in whole or in part, of the ambulance service fee from a noninsurance/nongovernmental entity, shall upon the request of the city provide the names and addresses of said third party to the city. 1. All those persons receiving emergency ambulance service that have insurance coverage for such service shall be requested to submit a claim therefore to their insurance companies to reimburse the city. 2. Any person assigning their benefits under Medicare or Medicaid shall receive a credit on his account for any ambulance fees charged that exceed the amount allowable by Medicare or Medicaid. The city may require proof that such excess fees have been submitted and denied by the appropriate governmental agencies. 3. All those persons receiving emergency ambulance service that have the ability to obtain reimbursement from a noninsurance/nongovernmental entity for such service shall be requested to submit an appropriate claim therefore to said entity to reimburse the city. B. The fire department shall not refuse to provide any service to any person, business or entity that has not paid for services previously provided or that otherwise owes any money for services previously provided.” Section 3. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled “Fire Department” be and is hereby amended by amending section 2.40.270, currently entitled “Fee; Outside of Corporate Limits,” to read as follows: “2.40.270: FEE; OUTSIDE OF CORPORATE LIMITS: Any persons receiving emergency ambulance service from the fire department of the city outside the corporate limits of the city shall pay the applicable nonresident fee in accordance with the fee schedule set forth in section 2.40.260 of this chapter.” Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. NOVEMBER 2, 2011 VOLUME LXXVI 470 Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 2, 2011 Passed: November 2, 2011 Vote: Yeas: 7 Nays: 0 Recorded: November 2, 2011 Published: November 3, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Emergency Telephone System Board August 18 and September 15, 2011 Foreign Fire Insurance Tax Board July 13, 2011 Committee of the Whole Minutes for October 12, 2011 City Council Minutes for October 12, 2011 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to adjourn the meeting and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a VOLUME LXXVI NOVEMBER 2, 2011 471 Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act 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. s/ Kimberly Dewis November 16, 2011 Kimberly Dewis, City Clerk Date Approved