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