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HomeMy WebLinkAbout04 - February 24, 2010 COW COMMITTEE OF THE WHOLE MEETING February 24, 2010 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 Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. Approval of Minutes Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve the minutes of the February 10, 2010, regular meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Consideration of Purchase of Service Agreement with Hamilton Wings to Implement Its SCORE! Program Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve a Purchase of Service Agreement with Hamilton Wings to implement its SCORE! Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Consideration of Purchase of Service Agreement with Neighborhood Housing Services of the Fox Valley, Inc. Councilmember Dunne made a motion, seconded by Councilmember Warren, to approve a Purchase of Service Agreement with Neighborhood Housing Services of the Fox Valley, Inc. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to conflict Consideration of Amendment to Terms of Development Agreement with CSI Technologies Councilmember Warren made a motion, seconded by Councilmember Prigge, to approve an amendment to the Terms of Development Agreement with CSI Technologies. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Consideration of Acceptance of a Temporary Construction Easement Over 2485 South Street for the South Street Extension Project Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to accept a temporary construction easement over 2485 South Street for the South Street Extension project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Committee of the Whole February 24, 2010 Page 2 Consideration of Engineering Services Agreement with Engineering Enterprises, Inc. for the 2010 Neighborhood Street Resurfacing Project Councilmember Warren made a motion, seconded by Councilmember Dunne, to approve an Engineering Services Agreement with Engineering Enterprises, Inc. for the 2010 Neighborhood Street Resurfacing Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Consideration of Amended Animal Control Ordinance Corporation Counsel William Cogley reviewed Chapter 7.04 of the Elgin Municipal Code entitled “Dogs and Cats” and Chapter 7.08 entitled “Keeping Regulations”. He stated that the current concern relates to dogs and specifically to dog attacks. He summarized the proposed amendment stating that it is modeled on the State Animal Control Act and those of other communities. He also noted that the City of Elgin’s home rule powers include the authority to regulate regarding the care and keeping animals and to adopt regulations regarding specific breeds of dogs. He said that breed specific laws have been upheld by the courts. Mr. Cogley stated that the city was not recommending a ban on Pit Bulls at this time, but was recommending special regulations for Pit Bulls whereby they would be declared a per se Dangerous Dog and would need to comply with the various regulations in the ordinance for Dangerous Dogs. At this point, Mayor Schock announced that this portion of the meeting would be open to audience comments for a period not to exceed three minutes each and not to exceed a total of thirty minutes. Fran Cella, a resident, reviewed her background and stated she was in favor of the ordinance, but would like to see the portion regarding Pit Bulls stricken. Chuck Keysor, president of the Near West Neighborhood Association, expressed concerns about dangerous dogs and stated that he was pleased that City Council and staff have seriously worked to come up with a solution. Joe Remijas, the owner of a Pit Bull therapy dog, read the descriptions of a Pit Bull from several books and said that he agreed with the ordinance with the exception of the Pit Bull portion. Tracy Doyle said she was not a resident of Elgin, but is a trainer and has a Pit Bull therapy dog. She is against breed specific laws and said the problems were the owners, not the dog. Debbi Powless, an owner of two American Staffordshire Terriers, said the drug dealers and gang bangers should be targeted. She stated she agrees with the ordinance, but not with the Pit Bull portion. She felt the bad owners were the problem. Deanne Ziegler said this is not about a breed, but only about bad dogs. She said this was asking for good owners to put their dogs to sleep. Committee of the Whole February 24, 2010 Page 3 William Homeier, a resident, said the irresponsible owner should be punished, not the dog. Maura Wood, a resident, stated that a transportation permit will be needed to travel with the dog. She said she was in favor of ninety-percent of the ordinance, but not the breed specific portion. Dawn Garcia stated she objected to the muzzle law. She said the owner, not the dog, should be punished. Ray Slover, a resident, said this is racism against Pit Bulls and that the ordinance was okay except for the Pit Bull portion. Michele Bachi said this was racism against Pit Bulls. She said that any responsible owners will have his/her dog fixed, but that some of the requirements of the ordinance are cost prohibitive. She said the quality of the owner should be considered. Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to approve the proposed amendment to the Animal Control Ordinance. Councilmember Prigge stated that he feels the proposed ordinance is fair and that it treats both the cost and the effect. He said that citizens are afraid of these animals. He acknowledged this is not a cure all, but that it is proactive and that this is the best plan. Councilmember Kaptain said it is the responsibility of the Council to protect its citizens. He felt the ordinance does put the responsibility on the owner. He said that he agrees with most of the ordinance, but that he was struggling with the signage and fence regulations. Councilmember Dunne said that he concurs with the other Councilmembers’ comments. He noted that there are covenants in some of the subdivisions and within homeowner associations that prohibit fences. He would like staff to review this section. Councilmember Steffen said that he is struggling with problem owners. He likes the compromise, but would like to have the following sections reviewed: fencing, signage, muzzling of a dangerous dog, and temporary transport. Councilmember Kaptain said the ordinance should not be impossible to comply with. Attorney Cogley said that these issues can be reviewed, but that public safety recommendations are made based on law, not on anecdote. City Manager Stegall summarized by saying that the issues of signage, fencing, muzzling, temporary transport permits, and the ability for the public to comply will be reviewed by staff. Committee of the Whole February 24, 2010 Page 4 At this time, Councilmember Kaptain made a motion, seconded by Councilmember Dunne, to table the proposed amendment to the Animal Control Ordinance until the next meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, and Steffen. Nays: Councilmembers Gilliam, Prigge, Warren, and Mayor Schock. Mayor Schock then called for the vote on the original motion to approve the proposed amendment to the Animal Control Ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Prigge, Warren, and Mayor Schock. Nays: Councilmembers Dunne, Kaptain, and Steffen. Consideration of 2009 Tax Abatement Ordinances Councilmember Gilliam made a motion, seconded by Councilmember Warren, to approve the 2009 Tax Abatement Ordinances. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Consideration of a Purchase of Service Agreement with Boys and Girls Club of Elgin Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to approve a Purchase of Service Agreement with the Boys and Girls Club of Elgin. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Consideration of a Purchase of Service Agreement with Senior Services Associates, Inc. Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to approve a Purchase of Service Agreement with Senior Services Associates, Inc. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Consideration of an Easement Agreement with Fox River Water Reclamation District for the Bent Street Project Combined Sewer Separation ($85) Councilmember Kaptain made a motion, seconded by Councilmember Dunne, to approve an easement agreement with the Fox River Water Reclamation District for the Bent Street Project/ Combined Sewer Separation. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Announcements from Council Councilmember Warren asked if staff would look into a 311 phone system due to the high volume of phone calls to City Hall. He would like the city to be reactive to the needs of the residents. Committee of the Whole February 24, 2010 Page 5 Councilmember Kaptain announced that the Gail Borden Public Library is hosting the Discover 2010 Science Fair on April 17. Councilmember Prigge congratulated the Narcotics Task Force and the SWAT Team on their recent efforts. Mayor Schock Asked if staff could look into the possibility of partnering with other social service agencies to host a job and unemployment support fair. City Manager Sean Stegall announced that Fiscal Services Director Jim Nowicki would be retiring on April 30. He thanked Mr. Nowicki for his seventeen years of service. Mr. Nowicki thanked everyone for their support over the past years. Announcements from Staff Public Information Officer, Sue Olafson, announced upcoming city events. Adjournment Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adjourn to Executive Session for the purposes of: 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 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 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 Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 7:45 p.m. s/ Diane Robertson March 10, 2010 Diane Robertson, City Clerk Date Approved