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COMMITTEE OF THE WHOLE MEETING
July 23, 2008
The regular Committee of the Whole meeting was called to order by Mayor Schock at 6:05 p.m.
in the Council Chambers. Present: Councilmembers Figueroa, Gilliam, Kaptain, Steffen,
Walters, and Mayor Schock. Absent: Councilmember Michael Powers.
Approval of Minutes
Councilmember Walters made a motion, seconded by Councilmember Steffen, to approve the
minutes of the July 9, 2008, regular meeting. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None.
Consideration of Facade Improvement Grant Application for Mad Maggie’s located at
51 South Grove Street
Commissioner Walters made a motion, seconded by Commissioner Gilliam, to approve the
façade improvement project proposed for Mad Maggie’s located at 51 South Grove Street to be
funded in the amount of $37,037. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None.
Consideration of Co-Sponsorship Agreement with the Puerto Rican Heritage Organization
for Puerto Rican Week Activities
Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the co-
sponsorship agreement with the Puerto Rican Heritage Organization for an amount not to exceed
$20,815.97 for the Puerto Rican Week activities. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember
Figueroa abstained due to conflict.
Consideration of Amendment to Chapter 11 of the Elgin Municipal Code, Entitled
“Vehicles and Traffic”
Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve the
recommendation from the Neighborhood Services Committee to amend Chapter 11 of the Elgin
Municipal Code entitled “Vehicles and Traffic” at a cost of $31,700. Upon a roll call vote:
Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays:
None.
Consideration of Purchase of Service Agreement with Elgin Proud & Beautiful
Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve the
purchase of service agreement with Elgin Proud & Beautiful, Inc. in the amount of $4,560 to be
used for activities that include developing a new website, planning and coordinating annual
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July 23, 2008
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planting projects, recruiting volunteers and participating in various community events to promote
anti-litter, recycling and sustainability. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None.
Consideration of Ordinance Prohibiting Prostitution and Prostitution-Related Activities
Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to approve the
proposed ordinance prohibiting prostitution and prostitution related activity within the City.
Regarding the portion pertaining to mandatory towing, Councilmember Steffen stated that the
operator of the vehicle gets a notice of preliminary hearing. He asked if the owner of the vehicle
should also be getting a notice. Corporation Counsel Cogley stated he will check into this and
get back to him with an answer.
Councilmember Walters asked Mr. Cogley what would constitute a nuisance property. Mr.
Cogley stated that the City has a nuisance abatement ordinance and that this can be used to target
nuisance situations. It is being amended to include drug and prostitution offenses.
Councilmember Kaptain asked if the property is one apartment in an apartment building, would
the ordinance only affect that one apartment, not the entire building. Mr. Cogley said that was
correct.
Councilmember Figueroa commended the City Manager and the Police Department for their
quick action regarding this matter.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and
Mayor Schock. Nays: None.
Consideration of Proposed Amendments to the Procedures Relating to the Termination of
Probationary Employees
Commissioner Gilliam made a motion, seconded by Commissioner Walters, to approve the
proposed ordinance amending procedures relating to the termination of probationary employees
by providing the City Manager with the authority to terminate probationary employees.
Councilmember Figueroa asked if this amendment would move the procedure from the Fire and
Police Commission and the Civil Service Commission to the City Manager. Mr. Folarin said
yes. Councilmember Figueroa stated that he felt it would take away the integrity of the process
and wants to see the Commissions continue to have the responsibility for termination.
Councilmember Walters stated this was for people who are in their probationary time period.
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July 23, 2008
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Councilmember Figueroa asked if this had been discussed with the Commissions and Mr.
Folarin said it had not. He stated that originally the unions had negotiated this for their
members, but that non-union personnel had not been included. Mr. Folarin stated this had to do
with expediency, not power. Councilmember Figueroa asked if a non-probationary employee
has to go before the Commissions if they are being terminated. Mr. Folarin said no, but that they
had the opportunity to grieve the decision. Councilmember Steffen asked if a probationary
employee can grieve a termination and Mr. Folarin said they could not.
Councilmember Steffen asked about the termination process. Mr. Folarin explained that the
recommendation to terminate an employee first goes to Human Resources, then it is reviewed by
the Legal Department, and then it would be presented to the City Manager for final
determination.
Councilmember Figueroa asked why this change was being presented now. Mr. Folarin
explained that the language was still in the Civil Service procedures.
Councilmember Steffen asked if the role of the Commission was going to be reduced to hiring
only. Mr. Folarin said their role will be that of recruitment in the area of the interview.
Councilmember Steffen asked if the goal was to make the process the same for probationary and
non-probationary employees and Mr. Folarin replied yes.
Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor
Schock. Nays: Councilmember Figueroa.
Announcements from Council
None
Announcements from Staff
Sue Olafson reported on upcoming City events.
Adjournment
Commissioner Gilliam made a motion, seconded by Commissioner Walters, to adjourn and go into
the Executive Session for the purpose of discussing the following matters. Upon a roll call vote:
Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays:
None.
Establishment of Reserves or Settlement of Claims as Provided in the Local
Governmental and Governmental Employees Tort Immunity Act - Exempt Under
Section 120/2(c) (12) of the Open Meetings Act
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July 23, 2008
Page 4
Purchase or Lease of Real Property for the Use of the Public Body - Exempt
Under Section 120/2(c) (5) of the Open Meetings Act
Discussion of Minutes of Meetings Lawfully Closed Under This Act - Exempt
Under Section 120/2(c)(21) of the Open Meetings Act
The meeting adjourned at 6:25 p.m.
s/ Diane Robertson August 13, 2008
Diane Robertson, City Clerk Date Approved