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HomeMy WebLinkAboutj - June 8, 2016 CC252 JUNE 8, 2016 VOLUME LXXXI 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 June 8, 2016, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:30 p.m. The Invocation was given by Rabbi Margaret Frisch Klein, from the Congregation Kneseth Israel and the Pledge of Allegiance was led by Mayor David Kaptain. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE MAY 25, 2016, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Shaw made a motion, seconded by Councilmember Martinez, to approve the May 25, 2016, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, and Mayor Kaptain. Nays: None. Councilmember Steffen abstained. RECOGNIZE PERSONS PRESENT Art Miller, American Heart Association Mission Lifeline Director, presented representatives of the Elgin Fire Department with the American Heart Association’s Gold Award for excellence in assisting STEMI care patients. David Ziegler stated his concerns regarding the Special Service Area being developed by the Downtown Neighborhood Association. His main concern was the proposed assessment of value and the cost for property owners, particularly those that own a number of properties in the area. Danise Habun thanked the city for holding a public forum regarding the mural. She stated that the event was well attended and there was a number of views expressed. Ina Dews stated her concerns regarding racial discrimination in the city and the process to select a new city manager. Demetrius Smith asked about the status of the city manager’s position and diversity recruitment efforts by the city. VOLUME LXXXI JUNE 8, 2016 253 BID 16-032 AWARDED TO COMPASS MINERALS AMERICA, INC. FOR THE 2016- 2017 PURCHASE OF BULK ROAD SALT There was discussion about the amount of salt used and possible alternatives to road salt. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award the 2016‐2017 purchase of bulk road salt to Compass Minerals America, Inc. in the amount of $453,200 in order to ensure the city has a sufficient supply for the 2016‐2017 ice and snow removal season. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. CONSENT AGENDA By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Shaw, to pass Ordinance Nos. G29-16 through G31-16 and adopt Resolution Nos. 16-83 through 16-84 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 16-83 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK FOR PROMOTION OF COMMUNITY AND CIVIC ENGAGEMENT SERVICES AND PROGRAMS AND FOR ADMINISTRATION OF THE NEIGHBORHOOD MATCHING GRANT PROGRAM Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-83 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK FOR PROMOTION OF COMMUNITY AND CIVIC ENGAGEMENT SERVICES AND PROGRAMS AND FOR ADMINISTRATION OF THE NEIGHBORHOOD MATCHING GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Elgin Community Network for promotion of community and civic engagement services and programs and for administration of the Neighborhood Matching Grant Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor JUNE 8, 2016 VOLUME LXXXI 254 Presented: June 8, 2016 Adopted: June 8, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 16-84 ADOPTED AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT CITY OF ELGIN COOK COUNTY AUTOMOBILE DEALERSHIP INCENTIVE PROGRAM WITH BIGGERS MOTORS, INC. (BIGGERS MAZDA) Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 16-84 RESOLUTION AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT CITY OF ELGIN COOK COUNTY AUTOMOBILE DEALERSHIP INCENTIVE PROGRAM WITH BIGGERS MOTORS, INC. (Biggers Mazda) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Participation Agreement City of Elgin Cook County Automobile Dealership Incentive Program on behalf of the City of Elgin with Biggers Motors, Inc. to permit participation in the Capital Investment Grant portion of the program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 8, 2016 Adopted: June 8, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI JUNE 8, 2016 255 ORDINANCE G29-16 PASSED AMENDING CHAPTER 10.31 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "FIREWORKS POSSESSION, SALE AND USE" Councilmember Gavin made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G29-16 AN ORDINANCE AMENDING CHAPTER 10.31 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIREWORKS POSSESSION, SALE AND USE” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 10.31.020 of the Elgin Municipal Code, 1976, as amended, entitled “Possession, Sale, and Use of Fireworks,” be and is hereby further amended to read in its entirety as follows: “10.31.020: POSSESSION, SALE, AND USE OF FIREWORKS: A. Except as hereinafter provided, it shall be unlawful for any person, firm, partnership, copartnership, or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any display fireworks, flame effects, or consumer fireworks in the city without first having been granted a permit by the city for pyrotechnic and/or consumer displays in accordance with this chapter, state law, and any applicable state and local regulations. B. It shall be unlawful for any owner or other person or entity in control of real property, including, but not limited, to an occupant or other person who, by any means whatsoever, has the ability, authority, or right to control what occurs on the property, to permit, allow, or otherwise fail to prevent a violation of this chapter from occurring on the property.” Section 2. That all ordinances or parts of ordinances 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 JUNE 8, 2016 VOLUME LXXXI 256 Presented: June 8, 2016 Passed: June 8, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 8, 2016 Published: June 10, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G30-16 PASSED AMENDING CHAPTER 2.52 ENTITLED "POLICE DEPARTMENT", CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS" AND CHAPTER 2.40 ENTITLED "FIRE DEPARTMENT" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Gavin made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G30-16 AN ORDINANCE AMENDING CHAPTER 2.52 ENTITLED "POLICE DEPARTMENT", CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS" AND CHAPTER 2.40 ENTITLED "FIRE DEPARTMENT" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to provide for certain amendments to regulations relating to appointments, promotions and probationary periods for members of the city's police department; and WHEREAS, procedures relating to appointments, promotions and probationary periods for members of the city's police department pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXXI JUNE 8, 2016 257 Section 1. That Section 2.52.170 of the Elgin Municipal Code, 1976, as amended, entitled "Appointments" be and is hereby further amended by amending subparagraphs A and B thereof and by adding a new subparagraph D thereto to read as follows: "A. All regular members of the police department except the chief, deputy chief and commanders shall be appointed and promoted by the board of fire and police commissioners as provided by law except as provided in this section as follows: 1. The chief of police, with the approval of the city manager, shall select from among the three (3) highest ranked candidates on any eligibility list when making original appointments to the police department. Except as provided in Section 3.08.020 H, any such candidate not selected shall retain their position on the eligibility list for the term of such list. No such candidate for original appointment shall fail to be selected more than twice during the term of any applicable eligibility list in favor of any candidate who has been ranked lower on any such eligibility list. 2. All appointees to a position as a member of the police department shall have attained the age of twenty-one years. 3. The chief of police, with the approval of the city manager, shall select from among the three (3) highest ranked candidates on any eligibility list when making promotional appointments to the police department. Except as provided in Section 3.08.020 H, any such candidate not selected shall retain their position on the eligibility list for the term of such list. 4. In the event more than one candidate is appointed simultaneously, the appointee's overall score on the eligibility list shall determine seniority. B. The chief of police, deputy chief and commanders shall be appointed or promoted by the city manager. The deputy chief shall be appointed or promoted either from among members of the department holding the rank of commander, lieutenant or sergeant, or from among qualified persons who are not members of the department, upon the recommendation of the chief of police. Commanders shall be appointed or promoted either from among members of the department holding the rank of lieutenant or sergeant, or from among qualified persons who are not members of the department, upon the recommendation of the chief of police." D. In the case of any conflict of any provision of this section with any provision of the statutory provisions for board of fire and police commissioners at 65 Illinois Compiled Statutes 5/10 2.1-1 et seq., as amended, the provisions of this section shall supersede any such statutory provisions and shall control." Section 2. That Section 2.52.175 of the Elgin Municipal Code, 1976, as amended, entitled "Probationary Period; New Appointees, Sergeant and Lieutenant:" be and is hereby further amended to read as follows: JUNE 8, 2016 VOLUME LXXXI 258 "A. Appointees to the position of police patrolman shall be subject to and considered on an eighteen (18) month period of probation. Provided, however, said probationary period may be extended without a hearing and without cause in the following situations: 1. When a probationary appointee is assigned to and works in an undercover operation during the first eighteen (18) months of employment as a police officer, the probationary period shall be extended to equal the number of days involved in such assignment or six (6) months, whichever is less. 2. When a probationary appointee enters the United States armed forces during the first eighteen (18) months of employment as a police officer, the probationary period shall be extended to equal the number of days involved in such duty. 3. When a probationary appointee is unable to perform normal duties due to illness or nonduty related injuries for an extended length of time during the first eighteen (18) months of employment as a police officer, the probationary period shall be extended to equal the number of days in which the probationary appointee was so ill or injured. 4. When the chief of police determines a probationary employee has a performance or disciplinary related issue(s), the probationary period may be extended for not more than an additional six (6) months. B. Only nonprobationary employees may sit for promotional examinations. C. Appointees to the position of sergeant and lieutenant shall be subject to and considered on a twelve (12) month period of probation. When the chief of police determines a probationary appointee to the position of sergeant or lieutenant has a performance or disciplinary related issue(s), the probationary period may be extended without a hearing and without cause for not more than an additional six (6) months. Any promotional probationary appointee who fails to satisfactorily complete his/her probationary period, as same may be extended, shall be returned to his/her prior rank except when such appointee retires, resigns or is discharged for cause. D. The board of fire and police commissioners shall establish such rules and regulations as may be necessary to administer the provisions of this section." Section 3. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, entitled "Board of Fire and Police Commissioners" be and is hereby further amended by further amending Section 3.08.020 thereof entitled "Duties; Appointments; Exceptions" by amending subparagraph G thereto to read as follows: VOLUME LXXXI JUNE 8, 2016 259 "G. Any person, during a probationary period pursuant to original appointment pursuant to this chapter, as same may be extended, may be discharged and terminated from employment by and at the discretion of the city manager without a hearing and without cause. Any promotional probationary appointees to the positions of lieutenant or captain in the fire department or to the positions of sergeant or lieutenant in the police department, during a promotional probationary period, as same may be extended, may be returned to his or her previous rank by and at the discretion of the city manager without a hearing and without cause, except when such probationary appointee retires, resigns or is discharged for cause." Section 4. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, entitled "Board of Fire and Police Commissioners" be and is hereby further amended by further amending Section 3.08.020 thereof entitled "Duties; Appointment; Exceptions" by adding a new subparagraph H thereto and by re-lettering the remaining subparagraphs accordingly as subparagraphs I and J, with such new subparagraph H thereto to read as follows: "H. The board of fire and police commissioners may remove a candidate on an eligibility list for original appointments to the police department in the event the board of fire and police commissioners has reason to conclude such candidate is no longer qualified for an original appointment to the police department. The board of fire and police commissioners shall document its reasons for such a decision. The board of fire and police commissioners may remove a candidate on an eligibility list for promotional appointments to the police department in the event the board of fire and police commissioners has reason to conclude that such candidate has demonstrated substantial shortcomings in work performance or as has engaged in misconduct affecting the person's ability to perform the duties of a promoted rank since the posting of the promotional list. The board of fire and police commissioners shall document its reasons for such a decision." Section 5. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, entitled "Board of Fire and Police Commissioners" be and is hereby further amended by further amending Section 3.08.020 thereof entitled "Duties; Appointment; Exceptions" by adding a new subparagraph K thereto to read as follows: "K. The board of fire and police commissioners shall establish such rules and regulations as may be necessary to administer the provisions of this section." Section 6. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, entitled "Board of Fire and Police Commissioners" be and is hereby further amended by further amending Section 3.08.020 thereof entitled "Duties; Appointment; Exceptions" by amending subparagraph A thereto to read as follows: "A. The board of fire and police commissioners shall appoint or promote all members of the fire and police departments of the city as provided by law, except as otherwise provided in this code, as amended, and shall conduct and hold all examinations and demotion hearings as provided by law, including, but not limited to, 65 Illinois Compiled Statutes 5/10-2.1-6.3, as amended, except as otherwise provided in this code as JUNE 8, 2016 VOLUME LXXXI 260 amended. In addition to the examinations and disqualifications authorized by law, including, but not limited to, 65 Illinois Compiled Statutes 5/10-2.1-6 and 5/10-2.1-6.3, as amended, the board of fire and police commissioners shall conduct drug screening examinations on all applicants for positions under the purview of the board of fire and police commissioners who have qualified for placement on an eligibility list and all applicants for any positions for which employees are not selected from an eligibility list, and shall disqualify any applicant found through such drug screening examination to be a current user of any illegal drug or unexplained legal drug." Section 7. That Section 2.40.030 of the Elgin Municipal Code, 1976, as amended, entitled "Appointment of Members" be and is hereby further amended by further amending subparagraph A thereof to read as follows: "A. All regular members of the fire department, except the fire chief, assistant fire chiefs, battalion fire chiefs and fire marshal, shall be appointed or promoted by the board of fire and police commissioners as provided by law except as provided in this Section as follows: 1. In the event more than one candidate is appointed simultaneously, the appointee's overall score on the eligibility list shall determine seniority. 2. In the case of any conflict of any provision of this Section with any provision of the statutory provisions for board of fire and police commissioners at 65 Illinois Compiled Statutes 5/10-2.1-1, et seq., as amended, the provisions of this Section shall supersede any such statutory provisions and shall control; provided, however, that in the event of any conflict of any provision of this Section with any provision of the statutory provisions at 65 Illinois Compiled Statutes 5/10-2.1-1- 6.3, as amended, the provisions of 65 Illinois Compiled Statutes 5/10-2.1-6.3 shall control. 3. Points will be awarded after the final stage of the appointment process for original appointments for the following reasons; provided, however, that a maximum number of twenty points may be awarded to any person during the appointment process: • Five points for completion of a minimum of two years at the Elgin Fire Cadet Academy. • Three points for being a resident within the geographic boundaries of the City of Elgin for a period of not less than one (1) year prior to the awarding of points. 4. In addition to requirements established pursuant to 65 Illinois Compiled Statutes 5/10-2.1-6.3, as prerequisites for participation in an examination VOLUME LXXXI JUNE 8, 2016 261 for original appointment for hire as a firefighter, all candidates must process the following: (a) Emergency Medical Technician Basic; and (b) Not less than 60 credit hours from an accredited college; or (c) Not less than 3 years of active duty military experience; or (d) Not less than 3 years of service as a full-time employee and current employment with the City of Elgin; or (e) Be 19 years or older and have not less than 3 years participation in the Elgin Fire Cadet Academy or Elgin Police Explorer Program and 100 hours of volunteer time in the Academy or Explorer program. The applicant may be placed on the eligibility list, but shall not be appointed until they reach the age of 21." Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 9. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 8, 2016 Passed: June 8, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 8, 2016 Published: June 10, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JUNE 8, 2016 VOLUME LXXXI 262 ORDINANCE G31-16 PASSED AMENDING ORDINANCE NO. G56-15 ESTABLISHING A PAY PLAN FOR THE LOCAL 73, SEIU PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN Councilmember Gavin made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G31-16 AN ORDINANCE AMENDING ORDINANCE NO. G56-15 ESTABLISHING A PAY PLAN FOR THE LOCAL 73, SEIU PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 1 of Ordinance No. G56-15, an ordinance establishing a pay plan for Local 73, SEIU Public Services Employee Group of the City of Elgin, be and is hereby amended by adding to the listing of positions in pay grade 624 the position of "Electrical Worker I". Section 2. That Section 1 of Ordinance No. G56-15, an ordinance establishing a pay plan for Local 73, SEIU Public Services Employee Group of the City of Elgin, be and is hereby further amended by adding to the listing of positions in pay grade 624 the position of "Utility Maintenance Technician". Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 8, 2016 Passed: June 8, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 8, 2016 Published: June 10, 2016 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXI JUNE 8, 2016 263 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Shaw, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Sustainability Commission February 9, March 8, and April 12, 2016 Committee of the Whole for May 4, 2016 City Council Minutes for May 4, 2016 Electricity Tax Natural Gas Tax Alcoholic Tax Revenue Video Gaming Revenue ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adjourn the meeting to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. 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 Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt under Section 120/2(c)(1) of the Open Meetings Act The meeting adjourned at 7:58 p.m. s/ Kimberly Dewis June 22, 2016 Kimberly Dewis, City Clerk Date Approved