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HomeMy WebLinkAboutG26-94 (2) , Ordinance No. G26-94 AN ORDINANCE AMENDING CHAPTER 2 . 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RESIDENCY REQUIREMENTS FOR CITY OFFICERS" BE IT ORDAINED BY THE CITY COUNCIL •F THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 2 . 20 :ntitled "Residency Requirements for City Officers" of the Algin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 2 .20 . 010 Definitions . For purposes of interpreting and construing this chapter, the following defin' tions shall be applied. A. "Bona fide residence" meas a permanent domicile which has not been adopted with the intention of again taking up or cla ming a previous residence outside of the geo:raphical area prescribed as a condition of employmei t . B. "Class I residency" means esidency within the corporate limits of the city. C. "Class II residency" means ' esidency within the geographical area described as follows : Commencing at the intersection of Route 23 and Route 14 , proceeding east on Route 4 to Route 120, east on Route 120 to Route 12 . Sout on Route 12 to Route 59 . South on Route 59 to :arrington Road, South on Barrintgon Road to Route 20 . East on Route 20 to Gary Avenue . South on Gary Avenue to Route 64 . West on Route 64 to Route 59 . South on Route 59 to I-88 . West on I-88 to Rou e 30 . West on Route 30 to Route 23 . North on Route 23 into the City of DeKalb. North out of DeKalb on Anne Glidden Road to Route 72 . East on Route 2 to Route 23 . North on Route 23 to Route 14 ; provided, however, that such area shall include the corporate boundaries of any city or villaoe lying partly within and partly without the area described. 2 . 20 . 020 Residency required. All full time officers and e ployees of the city named in this chapter, e ployed now or hereafter by the city shall be required as a condition of their continued employient to maintain their principal place of abode as is hereinafter provided in this chapter and to mai tain their bona fide and principal residence therein. 2 . 20 . 030 Establishment . All full time officers and e ployees of the city, named in this chapter, -hall establish residency as required by this chapter within eighteen months following origi al appointment whether or not probationary, or employment or promotion to an office or position for which a different residence is required by this chapter. 2 . 20 . 040 Class I residency required. A. Full time officers and emp oyees currently employed in the following positions shall maintain Class I residency: 1 . Nonuniformed officers of the city: city manager, corporation cou sel, assistant corporation counsel II , and city clerk. 2 . Department heads : public works director, finance director, fide chief, police chief, planning director, public property and recreation director, direcuor of city properties, engineering director, director of code administration and communi y preservation, and building maintenance director. 3 . General governmental staff : assistant city manager, assistant to cit manager, human resources director, budget off cer, purchasing agent, and administrative assistant . 4 . Assistant department eads and major division heads : assistant public works director, MIS manager, depuuy fire chief, deputy police chief, parks superintendent, assistant finance director, siperintendent of recreation, water system sup=rintendent, and deputy director of code ad inistration and community preservation. 5 . Management personnel in olved in either frequent citizen interaction of community policy/program development : principal planner/land use administrator, and auditorium operations manager. 6 . Management personnel uesponsible for emergency services : streets superintendent, sewer and water superintendent, and city traffic engineer. B. All full time officers and employees including sworn officers of the p.lice and fire departments hired after the effecti e date of this ordinance shall maintain Class I resi.ency. 2 . 20 . 050 Class II residency required. All full time sworn officers of the Elgin fire and police departments employed o the effective date of this ordinance and not req ired to reside within the Class I residency area as defined in Section 2 . 20 . 010 shall reside with n the Class II residency area, as defined in Section 2 . 20 . 010 . 2 . 20 . 060 Disabled firemen and police •fficers . In the event a full time sworn officer of the fire or police department is found ts be disabled by the pension board, which further finds that the disability is a permanent nature an. that a return to future service is highly unlikely and so notified the city manager in writing, such .isabled officer shall not be required to comply wish the residency requirements of this chapter. Section 2 . That all ordinances or p.:rts of ordinances in conflict with the provisions of this o' dinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect from and after its passage a d publication in the manner provided by law. s Geo ae VanDeVoorde George anDeVoorde, Mayor Presented: May 25, 1994 Passed: May 25, 1994 Vote : Yeas 4 Nays 3 Recorded: May 26, 1994 Published: May 26, 1994 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk � n Agenda Item No. ;) A� nre April 6, 1994 TO: Mayor and Members of the City Council FROM: Robert 0. Maim, Interim City Manager SUBJECT: Residency Requirement PURPOSE This memorandum is to provide information on the subject of residency requirement for City employees for Council review and discussion as requested. BACKGROUND A copy of Chapter 2 .20 of the City Code titled "Residency Requirements for City Officers" is attached to provide infor- mation on our current residency requirement and what posi- tions are covered. ' Since the 1991 expansion of the geographic area for Class II re ` l residency covering sworn officers of the Elgin Fire and Po- (' lice Departments, Council has periodically indicated a desire c)5\`. to revisit this issue. FINANCIAL IMPACT • None. LEGAL IMPACT None. RECOMMENDATION Staff requests direction from Council as to desired changes in the current residency requirement in order that an ordi- nance could be drafted for Council 's consideration and approv- al. qRobe 0. Malm, Interim City Manager OF/vls • r 2.20.010 Residency Requirements for City Officers 2.20.010 Chapter 2.20 RESIDENCY REQUIREMENTS FOR CITY OFFICERS' Sections: 2.20.010 Definitions. 2.20.020 Residency required. 2.20.030 Establishment. 2.20.040 Class I residency required. • 2.20.050 Class II residency required. 2.20.060 Disabled firemen and police officers. 2.20.010 Definitions. For purposes of interpreting and construing this chapter.the following definitions shall be applied: A. "Bona fide residence"means a permanent domicile which has not been adopted with the intention of again taking up or claiming a previous residence outside of the geographical area prescribed as a condition of employment. B. "Class I residency"means residence within the corporate limits of the city. C. "Class II residency" means residency within the geographical area described as follows: Commencing at the intersection of Route 23 and Route 14.pro- ceeding east on Route 14 to Route 120. east on Route 120 to Route 12.South on Route 12 to Route 59. South on Route 59 to Barrington Road.South on Barrington Road to Route 20.East on Route 20 to Gary Avenue. South on Gary Avenue to Route 64. West on Route 64 to Route 59.South on Route 59 to I-88. West on I-88 to Route 30. West on Route 30 to Route 23. North on Route 23 into the City of DeKalb.North out of DeKalb on Anne Glidden Road to Route 72.East on Route 72 to Route 23. North on route 23 to Route 14;provided.however.that such area shall • include the corporate boundaries of any city or village lying partly within and partly without the area described. (Ord. GS4-91Jj, 1991;Ord.055-81 § 1 (part). 1981:Ord.G65-80 4 1 (part).1980: Ord.G-1589 ¢ 1. 1973: prior code 4 153-114.) 25 10.91) _ _r • • • 2.20.020 Administration and Personnel 2.20.040 2.20.020 Residency required. AU full time officers and employees of the city named in this chapter. employed now or hereafter by the city shall be required as a condition of their continued employment to maintain their principal place of abode as is hereinafter provided in this chapter and to maintain their bona fide and principal residence therein.(Ord.05541 * 1 (part), 1981:Ord.G65-80 f 1 (part), 1980.) 2.20.030 Establishment. All full time officen and employees of the city,named in this chapter, shall establish residency as required by this chapter within twelve months following original appointment or employment or promotion to an office or position for which a different residence is required by this chapter. Extensions of the time in which to establish residency as required by this chapter may be granted in the discretion of the city manager for a period, not to exceed an additional twelve months.upon written application and a hearing, where there are practical difficulties or particular hardship in establishing residency within the time otherwise provided. (Ord. G55-81 1 (part), 1981: Ord.G65-80 4 1 (part). 1980.) • 2.20.040 Class I residency required. Full time officers and employees in the following positions shall maintain Class I residency: A. Nonuniformed officers of the city:city manager,corporation counsel, assistant corporation counsel II and city clerk: B. Department heads: public works director,finance director. fire chief. police chief,planning director,public property and recreation director. transportation director,water operations director,engineering director and building maintenance director: C. General governmental staff: assistant to city manager. personnel 10.91) 26 • •C r 2.20.050 Residency Requirements for City Officers 2.20.060 director, budget officer, purchasing agent and adm' 'strative assist- ant; D. Assistant department heads and major division heads: ' tant public works director, deputy finance director, deputy fi - chief, deputy police chief,parks superintendent and assistant finance director; E. Management personnel involved in either frequent citizen inter- - action of community policy/program development: nior planner/ land use administrator, recreation director,human rela 'ons coordina- tor and auditorium operations manager; F. Management personnel responsible for emergency se ' es: streets and sanitation superintendent, electrical superintendent d sewer and water superintendent. (Ord. G76-88 § 1, 1988: Ord. G55-81 § 1 (part), 1981: • d.G65-80§ 1 (part), 1980.) 220.050 Class n residency required. All full time sworn officers of the Elgin fire and poli• departments not required to reside within the Class I residency area as efined in Sec- tion 2.20.010 shall reside within the Class II residency are , as defined in Section 2.20.010. (Ord. G55-81 § 1 (part), 1981:Ord.G6- :0§ 1 (part), 1980.) 2.20.060 Disabled firemen and police officers. In the event a full time sworn officer of the fire or poli- department is found to be disabled by the pension board,which furthe finds that the disability is a permanent nature and that a return to future -rvice is highly unlikely and so notifies the city manager in writing,such • •led officer shall not be required to comply with the residency requ' menta of this chapter.(Ord.G-16-88§ 1, 1988.) 26-1 (E gin 2-$9) r COMMITTEE OF THE WHOLE MEETING APRIL 27, 1994 The regular Committee of the Whole meeting was called to order by Mayor VanDeVoorde at 6 : 30 p.m. in the Council Conference Room. Present: Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Approval of Minutes Councilwoman Yearman made a motion, seconded by Councilman Schock, to approve the minutes of the April 13, 1994, meeting. Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. Application for a North End Benevolent Association Event A request for approval of this event will be presented at tonight ' s Council meeting. Application for a National Day of Prayer Event A request for approval of this event will be presented at tonight ' s Council meeting. Agreement for the Hemmens Auditorium Liquor Concession A resolution will be presented at tonight ' s Council meeting for adoption by the City Council . Presentation by Image Advisory Commission Regarding Villa Street Corridor Kevin Kelly, Chairman of the Elgin Image Advisory Commission, reviewed the eight problem areas identified by the Villa Street Corridor subcommittee and the subcommittee' s recommendations for improvement or correction. Mayor VanDeVoorde asked that the staff consider what actions could be taken at this time. City Manager Helwig stated that it was an excellent report and one that can be used to make strategic choices for the five-year plan. Discussion of Residency Requirements for New Hires in the Police and Fire Departments After discussion, Councilman Gilliam made a motion, seconded by Councilman Walters, that newly hired police officers and firefighters be required to live within the City of Elgin. Yeas : Councilmembers Fox, Gilliam, Popple, Walters, and Mayor VanDeVoorde. Nays : Councilmembers Schock and Yearman. Committee of the Whole Meeting April 27, 1994 Page 2 Councilman Gilliam made a motion, seconded by Councilwoman Popple, that all newly hired City employees be required to live in the City of Elgin. Yeas : Councilmembers Gilliam, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays : Councilmembers Fox and Schock. An Area III Improvement Project Survey A discussion was held concerning the results of a survey regarding a potential Area III special assessment project near the area of Trout Park and Route 25 . The results of the survey for the entire area indicated 65 in favor, 79 opposed, and 122 nonresponses . Recess Councilman Fox made a motion, seconded by Councilman Walters, to recess and go into the regular Council meeting. Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. Meeting recessed at 7 : 52 p.m. Meeting resumed at 11 :20 p.m. Mayor VanDeVoorde was absent and Councilman Gilliam chaired the rest of the meeting. Discussion resumed regarding the potential Area III , and after considering the input from area residents, the Council directed staff to look at the possibility of only including the smaller area that was suggested in the agenda memorandum. Staff was also directed to contact the homeowners of the rental properties, are rented, and to follow up on the "no responses" to determine whether there might be additional people in favor of going forward with the more limited project area. Payment of an Invoice from Palumbo Construction for Work Performed at a Northern Illinois Gas Storm Sewer Councilwoman Popple made a motion, seconded by Councilman Fox, to authorize the aforementioned payment. Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays : None. Redesignation of the Cemetery Sinking Fund Councilman Walters made a motion, seconded by Councilwoman Popple, to amend the Code to redesignate the Cemetery Sinking Fund to that of a restricted asset within the Cemetery Fund. Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, and Yearman. Nays : None. VOLUME LIX MAY 25, 1994 254 Burnidge Cassell Associates, and representatives from McDonald' s provided a visual presentation and described the revisions that were made. Area residents expressed additional concerns relating to the lighting, signage, traffic, landscaping, parking, street improvements, ownership of condominiums, etc . Following further discussion, Councilman Gilliam made a motion, seconded by Councilwoman Yearman, to direct the staff to work with Mr. Burnidge and representatives from McDonald' s on signage, lighting, lot usage, and traffic issues and report back to Council in June. Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. CONSIDERATION OF PETITION 61-93 REQUESTING ANNEXATION, PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT, PCF PLANNED COMMUNITY FACILITY DISTRICT AND PAB PLANNED AREA BUSINESS DISTRICT ZONING APPROVAL, AND APPROVAL OF THE PRELIMINARY PLAT OF COLLEGE PARK SQUARE SUBDIVISION; PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTH STREET AND RANDALL ROAD; BY BURNIDGE PROPERTIES, LTD. , AS APPLICANT AND OWNER (THIS ITEM IS TABLED FROM APRIL 27, 1994) This item remained on the table. PETITION 14-94 APPROVED REQUESTING AN AMENDMENT TO TITLE 19, ZONING OF THE ELGIN MUNICIPAL CODE CONCERNING ADMINISTRATIVE DEPARTURES FROM THE REQUIRED NUMBER OF OFF STREET PARKING STALLS FOR THE EXCLUSIVE PURPOSE OF PROVIDING THE REQUIRED NUMBER AND SIZE OF PARKING STALLS ACCESSIBLE TO DISABLED PERSONS, BY THE CITY OF ELGIN, AS APPLICANT Councilman Gilliam made a motion, seconded by Councilman Fox, to approve Petition 14-94 . Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. ORDINANCE G26-94 PASSED AMENDING CHAPTER 2.20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RESIDENCY REQUIREMENTS FOR CITY OFFICERS" Fred Gould, Engineering Inspector, and Gary Salvador, President of the Elgin Firefighters Association, conveyed their views and opinions to the council regarding the proposed residency requirements and asked that Councilmembers not pass the ordinance. Councilwoman Popple made a motion, seconded by Councilman Gilliam, to pass the following ordinance. Yeas : Councilmembers Gilliam, Popple, Walters, and Mayor VanDeVoorde. Nays : Councilmembers Fox, Schock, and Yearman. 255 MAY 25, 1994 VOLUME LIX Ordinance No. G26-94 AN ORDINANCE AMENDING CHAPTER 2 . 20 OF THE ELGIN M NICIPAL CODE, 1976, AS AMENDED, ENTITLED "RESIDENCY REQUIREM NTS FOR CITY OFFICERS" BE IT ORDAINED BY THE CITY COUNCIL SF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 2 . 20 entit ed "Residency Requirements for City Officers" of the E gin Municipal Code, 1976, as amended, be and is hereby furth-r amended to read as follows : 2 . 20 . 010 Definitions . For purposes of interpretin. and construing this chapter, the following def ' nitions shall be applied. A. "Bona fide residence" eans a permanent domicile which has not been . dopted with the intention of again taking up or c aiming a previous residence outside of the g-ographical area prescribed as a condition of emplo ent. B. "Class I residency" mean- residency within the corporate limits of the city. C. "Class II residency" mean. residency within the geographical area described as follows : Commencing at the intersecti.n of Route 23 and Route 14 , proceeding east on Rout: 14 to Route 120, east on Route 120 to Route 12 . So th on Route 12 to Route 59 . South on Route 59 t. Barrington Road, South on Barrington Road to Route ' 0 . East on Route 20 to Gary Avenue. South on Ga y Avenue to Route 64 . West on Route 64 to Route 5' . South on Route 59 to I-88 . West on I-88 to R.ute 30 . West on Route 30 to Route 23 . North on Route 23 into the City of DeKalb. North out of DeKalb on Anne Glidden Road to Route 72 . East on Rout 72 to Route 23 . North on Route 23 to Route 14; .rovided, however, that such area shall incluth the corporate boundaries of any city or vil age lying partly within and partly without the area described. 2 . 20 . 020 Residency required. All full time officers and employees of the city named in this chapter, employed now or hereafter by the city shall .e required as a condition of their continued empl•yment to maintain VOLUME LIX MAY 25, 1994 256 their principal place of abode .;s is hereinafter provided in this chapter and to m. intain their bona fide and principal residence therei . 2 . 20 . 030 Establishment. All full time officers and employees of the city, named in this chapter, shall establish residency as required by this chapter within eighteen months following orioinal appointment whether or not probationary, •r employment or promotion to an office or posiuion for which a different residence is required by his chapter. 2 . 20 . 040 Class I residency required. A. Full time officers and eiployees currently employed in the following positions shall maintain Class I residency: 1 . Nonuniformed officer% of the city: city manager, corporation counsel, assistant corporation counsel II, and city clerk. 2 . Department heads : public works director, finance director, lire chief, police chief, planning director, puiolic property and recreation director, dir-ctor of city properties, engineering dire tor, director of code administration and commu ity preservation, and building maintenance director. 3. General governmental staff: assistant city manager, assistant to c ty manager, human resources director, budget o ficer, purchasing agent, and administrative ass ' stant. 4 . Assistant department heads and major division heads : assista t public works director, MIS manager, deputy fire chief, deputy police chief, park- superintendent, assistant finance director, superintendent of recreation, water system s perintendent, and deputy director of code .dministration and community preservation. 5 . Management personnel 'nvolved in either frequent citizen interaction of community policy/program development principal planner/land use administrator, and auditorium operations manager. 6 . Management personnel responsible for emergency services : stree' s superintendent, 257 MAY 25, 1994 VOLUME LIX sewer and water superinte dent, and city traffic engineer. B. All full time officer. and employees including sworn officers of the police and fire departments hired after the effec ive date of this ordinance shall maintain Class I re- idency. 2 . 20 . 050 Class II residency require• . All full time sworn officers of the Elgin fire and police departments employed on the effective date of this ordinance and not r-quired to reside within the Class I residency arra as defined in Section 2 . 20. 010 shall reside wi hin the Class II residency area, as defined in Secti•n 2 . 20 . 010 . 2 .20 . 060 Disabled firemen and police officers . In the event a full time sworn officer of the fire or police department is found to be disabled by the pension board, which furthe finds that the disability is a permanent nature and that a return to future service is highly unlikely and so notified the city manager in writing, suc disabled officer shall not be required to comply ith the residency requirements of this chapter. Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance sh. 11 be in full force and effect from and after its passage and p blication in the manner provided by law. s/ G:or•e VanDeVoorde Georg: VanDeVoorde, Mayor Presented: May 25, 1994 Passed: May 25, 1994 Vote: Yeas 4 Nays 3 Recorded: May 26 , 1994 Published: May 26, 1994 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk