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HomeMy WebLinkAboutG18-13 Ordinance No. G18-13 ego- AN ORDINANCE PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS AND UPDATES TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.08.050 of the Elgin Municipal Code, 1976,as amended,entitled "Special Meetings"be and is hereby further amended to read as follows: "2.08.050: SPECIAL MEETINGS: Special meetings may be held at any time by call of the mayor or by the call of four (4) or more councilmen;the call for such meetings shall be in writing duly signed and presented to the city clerk who shall proceed to prepare notice of the special meeting and shall cause the notice to be served personally or by mail on the mayor and all members of the council at least twenty four(24) hours before the meeting. Such notice shall specify the time and place of the special meeting and the matters to be considered at the special meeting. Notice of a special meeting may be waived by attendance at such meeting or by written waiver of notice. No business other than that provided by the call shall be in order at any special meeting. No vote of the city council shall be reconsidered or rescinded at a special meeting unless there are present at the special meeting as many council members as were present when the vote was taken. Special meetings may also be called by a motion,adopted at a regular meeting, specifying the matters to be considered. No notice shall be required for special meetings announced at a regular meeting except to members not present at the time such motion was adopted." Section 2. That Section 2.08.080 of the Elgin Municipal Code, 1976,as amended,entitled "Rules of Procedure" be and is hereby further amended by amending subparagraph BB thereof to read as follows: "BB. Any rule may be amended or repealed at any regular meeting of the city council upon a prior submission thereof in writing by the mayor or by four (4) or more council members distributed to the members of the city council at least one week in advance of the vote thereon, if the proposed amendment or repeal is approved by two-thirds (Z/3) of the council currently holding office." Section 3. That Section 2.28.010 of the Elgin Municipal Code, 1976,as amended,entitled "Department Established"be and is hereby further amended to read as follows: "2.28.010: DEPARTMENT ESTABLISHED: There is established an administrative department of the city government to be known as the community development department. This department shall include the planning and neighborhood services division,the building and development services division and the code enforcement division.The department shall consist of the community development director and such other employees as may be authorized by the city council." Section 4. That Section 2.28.030 of the Elgin Municipal Code, 1976,as amended,entitled "Director: Powers and Duties" be and is hereby further amended by amending subparagraph D thereof by deleting subparagraphs 5 and 6 thereof, and by amending subparagraph A thereof and subparagraph D2 to thereof to read as follows: "A. The community development director shall be the city's chief planner and shall be responsible for supervising the employees and the operations of the planning and neighborhood services division,the building and development services division and the code enforcement division." "D2. The enforcement of all building,property maintenance,health,presentation and zoning codes and ordinances of the city relating to the health and safety and the construction, maintenance, use and preservation of buildings and property as found in this code." Section 5. That Section 2.44.030 of the Elgin Municipal Code, 1976, as amended, entitled"Corporation Counsel:Duties"be and is hereby further amended by amending subparagraph B thereof to read as follows: r `B. The corporation counsel shall be the chief legal officer of the city.It shall be the duty of the corporation counsel to prosecute or defend or supervise the prosecution or defense of all suits of any nature which may be begun by or against the city,or in which the city may be an interested party.He shall supervise all matters pertaining to special assessments.He shall see to the enforcement or collection of all judgments, orders and decrees entered in favor of the city. He shall be the chief legal adviser to the city council and he shall give advice and opinions upon request on any legal subject upon request of the council. He shall attend all regular and special meetings of the council, and assist the council in its deliberations upon the request of any member. The corporation counsel shall have authority to make or approve settlements of lawsuits and controverted claims against or by the city in an amount not exceeding$20,000. The corporation counsel shall also have the authority to implement other settlements of lawsuits and controverted claims against or by the city as directed or authorized by the city council." Section 6. That Section 2.52.160 of the Elgin Municipal Code, 1976, as amended, entitled"Disciplinary Measures"be and is hereby further amended to read as follows: "The chief of police,with the approval of the city manager,is authorized and empowered to exercise and enforce disciplinary measures against members of the police department for the welfare of the police department and for the purpose of ensuring efficiency among the members thereof. Such disciplinary measures against members of the police department may include suspension without pay or removal or discharge. Suspensions without pay shall be limited to a period of not more than thirty(30) days. The authority of the chief of police to - 2 - f y impose disciplinary punishment shall not be limited to the methods described above,namely, suspension or removal or discharge.Except for the chief of police,no member of the police department shall be removed or discharged from the police department except for cause. Discipline for those members of the police department in a collective bargaining unit shall also be subject to any applicable provisions in the then current collective bargaining agreement between the city of Elgin and the subject bargaining unit. Discipline for police sergeants, police lieutenants, police commanders and police deputy chiefs shall also be subject to applicable grievance procedures in the then current city personnel manual which in cases involving a suspension of more than five(5)days or the removal or discharge from the police department of a police sergeant,police lieutenant,police commander or police deputy chief shall include arbitration. The provisions of this section shall be in lieu of and shall supersede the provisions relating to disciplinary procedures and disciplinary hearings for police officers in the board of fire and police commissioners act at 65 Illinois Compiled Statutes 5/10-2.1-1 et seq., as amended, and in lieu of disciplinary proceedings before the board of fire and police commissioners." Section 7. That Section 2.52.170 of the Elgin Municipal Code, 1976,as amended,entitled "Appointments"be and is hereby further amended by amending subparagraph B thereof to read as follows: "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 from among members of the department holding the rank of commander,lieutenant or sergeant upon the recommendation of the chief of police. Commanders shall be appointed or promoted from among members of the department holding the rank of lieutenant or sergeant upon the recommendation of the chief of police." Section 8. That Chapter 2.65 of the Elgin Municipal Code, 1976, as amended, entitled "Code Enforcement Department"be and is hereby repealed. Section 9. The Section 3.12.060 of the Elgin Municipal Code, 1976,as amended,entitled "Definitions" be and is hereby further amended by amending the definition of the term employer therein by amending the reference to"820 Illinois Compiled Statutes 214, 1996,as now or hereafter amended."to read"820 ILCS 405/214, as amended." Section 10. That Section 6.06.115 of the Elgin Municipal Code, 1976,as amended,entitled "Basset Training Requirements" be and is hereby further amended by amending subparagraph A thereof by adding to the existing listing of liquor license classifications therein the additional liquor license classification of B-4 and by deleting from the listing of existing liquor license classifications therein the liquor license classification U-1. Section 11. That Section 6.06.117 of the Elgin Municipal Code, 1976,as amended,entitled "Service Hours"be and is hereby further amended by amending subparagraph A thereof by adding to the existing listing of liquor license classifications listed therein the additional liquor license classification B-4 and by deleting from the existing listing liquor license classifications therein the - 3 - liquor license classification U-1. Section 12. That Section 19.65.060 ofthe Elgin Municipal Code, 1976,as amended,entitled "Procedures" be and is hereby further amended by amending subparagraph B thereof to read as follows: "B. Planning And Zoning Commission: The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The development administrator shall forward the application, the written findings and recommendations of the planning department, the written findings and recommendations of the planning and zoning commission, and the transcript of the public hearing to the city council." Section 13. That Section 19.70.070 of the Elgin Municipal Code, 1976,as amended,entitled "Procedures" be and is hereby further amended by amending subparagraph B thereof to read as follows: "B. Planning And Zoning Commission: The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The planning and zoning commission may grant the variation." Section 14. 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 15. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Ka in, Pyor Presented: March 20, 2013 Passed: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 20, 2013 Published: March 22, 2013 Attest: Kimberly Dewis, Clerk r - 4 -