11/02/1998202
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY,
NOVEMBER 2, 1998
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines, Illinois, was called to order by Mayor Paul W.
Jung at 7:00 p.m. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, November 2,
1998
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia.
Also present were: City Manager Douthwaite, Assistant to the City
Manager Johnson, Director of Economic Development Klaus, Director of
Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Director
of Public Works Shirley, City Engineer Oakley, Director of Community
Development D'Onofrio, Assistant City Attorney Bartel, and City Attorney
Wiltse.
PRAYER AND The opening prayer was given by Father Joseph McGinnity,
PLEDGE: St. Zachary Catholic Church, followed by the Pledge of
Allegiance to the Flag.
CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City
PARTICIPA.: Council stating that he recently visited the Wilmette
Library; very beautiful; a lot of people were there; he
saw a copy of agendas for the Village Board meetings,
Plan Commission and others; maybe we should do that here
at our train station; food for thought.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that some months ago he brought two (2)
issues to the City Council for their consideration; the
first was residency requirement for future department
heads, not those presently employed by the City; they
would be closer to their job; it should be a requirement
of their employment; the second issue was his request
that the City pass a Whistleblower Ordinance; he would
like the City Council to discuss this matter. Mr. Powers
asked Mayor Jung to advise him in writing when and if
these two (2) issues are going to be discussed by the
City Council.
Mr. Mike O'Malley, 320 Wolf Road, addressed the City
Council stating his extreme disappointment that he has
not been getting results from his efforts to get the
issue of the City illegally paying health insurance for
elected officials; he is not going to fight this issue
anymore; he and his family are going to move away; he
cannot trust the people here.
Mr. John Yaccino, 1779 Cora Street, addressed the City
Council stating that what bothers him is all the time
that is being wasted by the aldermen on driveway
variations; it is embarrassing to the citizens; they
should be able to work out these variations with their
alderman and the department head.
Mr. Dick Sayad, 290 Shannon Court, addressed the City
Council stating that the upcoming budget hearings should
be televised live on the City's cable channel; he got a
lot out of the budget hearings; he didn't realize how
much work is being done during these meetings; some
people can't come to these meetings, but are interested;
they would like to see what is going on; it would be
advantageous to the City to have these meetings
televised.
cur
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
AMENDMENT/
REDEV. AGREE.
PLAINES TOWN
CENTER:
Consent
Agenda
Ordinance
M-77-98
PARKING
RESTRICTION/
HOWARD AVE.:
Consent
Agenda
Ordinance
T-15-98
PAGE TWO
City Clerk McAllister stated
that Item 6 be removed from
Moved by Higgason, seconded
Consent Agenda except for
carried.
203
11/2/98
that a vendor has requested
the Consent Agenda.
by Beauvais, to establish a
Item 6. Motion declared
Moved by Elstner, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8 -Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Minutes were approved; Staff recommendations and requests
were approved; Ordinances M-75-98, Z-10-98 and Z-11-98
were adopted; Ordinances M-77-98 and T-15-98 were placed
on First Reading; and Resolution R-64-98 was adopted.
Moved by Elstner, seconded by Beauvais, to approve the
minutes of the regular meeting of the City Council held
October 19, 1998, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Beauvais, to approve the
minutes of the Executive Session of the City Council held
October 19, 1998. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Elstner, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Manager be
authorized to enter into contracts for the construction.
of Street Improvements and Library Improvements for the
Plaines Town Center, L.L.C. Redevelopment Project, with
general contractors, subcontractors and materialmen by
the process of soliciting proposals from entities
recommended by the Development Manager and negotiating
the best possible price from among the qualified bids
submitted by the contractors rather than engaging in a
competitive bidding process and contracting with the
lowest bidder, thereby superseding the City's Purchasing
Policies and Guidelines, which has been determined to be
in the best interest of the City for this Redevelopment
Project; also recommend to amend Subsection 4.5.1.2 of
the Redevelopment Agreement with Plaines Town Center,
L.L.C. (Resolution R-31-98, adopted April 27, 1998),
accordingly; and further recommend to place on First
Reading Ordinance M-77-98, AN ORDINANCE AUTHORIZING THE
MAYOR AND CITY MANAGER OF THE CITY OF DES PLAINES, TO
ENTER INTO CONTRACTS FOR THE CONSTRUCTION OF STREET
IMPROVEMENTS AND LIBRARY IMPROVEMENTS, WITH CONTRACTORS,
SUBCONTRACTORS AND MATERIALMEN BY THE PROCESS OF
SOLICITING PROPOSALS AND NEGOTIATING CONTRACTS
SELECTIVELY RATHER THAN ENGAGING IN A COMPETITIVE BIDDING
PROCESS FOR THE PLAINES TOWN CENTER LLC REDEVELOPMENT
PROJECT AND AUTHORIZING THE SIGNING OF THE AMENDMENT TO
4.5.1.2 OF THE REDEVELOPMENT AGREEMENT. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Beauvais, to concur with
Staff recommendation to amend Title X, Chapter 5, Section
10-5-5(E) - "Parking Limited In Designated Places" of the
City Code, that Howard Avenue, between Des Plaines/River
Road and the west line of the commercial zoned property
(approximately 200 feet) , be posted as a two-hour parking
restriction, Monday through Friday, from 8:00 a.m. to
5:00 p.m., both sides of the street, excluding Saturdays,
Sundays and Holidays; and further recommend to place on
First Reading Ordinance T-15-98, AN ORDINANCE AMENDING
SECTION 10-5-5 (E) "PARKING LIMITED IN DESIGNATED PLACES,"
"SCHEDULE II," OF CHAPTER 5 "STOPPING, STANDING AND
PARKING," TITLE X, OF THE CITY CODE OF DES PLAINES, TO
T-15-98
(Cont'd.)
ACCEPT. OF
PUB. IMPROV./
DONOVAN'S
RESUBDIV.:
Consent
Agenda
Resolution
R-64-98
BID AWARD/
TRANSIT
CENTER
JANITORIAL
SERVICES:
APPOINTMENT:
Consent
Agenda
204
11/2/98
PAGE THREE
ADD A NEW SUBSECTION "6. MONDAY THROUGH FRIDAY - 8:00
A.M. TO 5:00 P.M., EXCLUDING SATURDAYS, SUNDAYS .AND
HOLIDAYS" AND FURTHER ADD THERETO "HOWARD AVENUE FROM DES
PLAINES RIVER ROAD TO THE WEST LINE OF THE COMMERCIAL
ZONED PROPERTY, BOTH SIDES OF THE STREET." Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Elstner, seconded by Beauvais, to concur with
Staff recommendation to accept Public Improvements that
include a water service, sanitary sewer, ditches and
culverts, rear and side yard swales, driveway aprons and
parkway restoration for Donovan's Resubdivision, 2274-
2280 Douglas Avenue; authorize release of public
improvement surety of $2,000, and the cash guarantee
(tree bond) of $600 (cash warranty of $1,375.55 to be
held for 18 months); and further recommend to adopt
Resolution R-64-98, A RESOLUTION APPROVING THE PUBLIC
IMPROVEMENTS IN DONOVAN'S RESUBDIVISION, 2274-2280
DOUGLAS AVENUE. Motion declared carried as approved
unanimously under Consent Agenda.
Ms. Ginny Weston, owner of Advanced Janitorial
Maintenance, addressed the City Council and gave a brief
history of her company's service to the City; she stated
that the low bid was presented at 3:01 p.m. on the bid
return date of October 23, 1998, and even though she
agreed at the time to allow the late bid, she has changed
her mind and would like the bid awarded to her.
Moved by Higgason, seconded by Brookman, that it would
be in the best interest of the City to award the bid for
a one-year contract for Janitorial Services at the
Transit Center to Advanced Janitorial Systems, P.O. Box
1264, Des Plaines, IL 60017, in the total bid amount of
$1,098 per month.
Moved by Smith, seconded by Arredia, to adopt a
substitute motion that all bids be rejected and the one-
year contract for Janitorial Services at the Transit
Center be rebid. Upon roll call, the vote was:
AYES: 4 -Beauvais, Elstner, Smith, Arredia
NAYS: 5 -Christiansen, Higgason, Brookman,
Sarlo, Jung
ABSENT: 0 -None
Motion declared failed.
Moved by Christiansen, seconded by Brookman, to adopt a
substitute motion to reject the lowest bid from Midwest
Janitorial Maintenance, 322 St. Paul Boulevard, Carol
Stream, IL 60188, for a one-year contract for Janitorial
Services at the Transit Center, in the amount of $1,045
per month as non -conforming, and it would be in the best
interest of the City to award the bid to Advanced
Janitorial Systems, P.O. Box 1264, Des Plaines, IL 60017,
in the total bid amount of $1,098 per month. Upon roll
call, the vote was:
AYES: 8 -Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Elstner, seconded by Beauvais, to approve
Mayoral appointment of Joseph Botte to the DES PLAINES
CABLE TV COMMISSION, term to expire April 30, 1999.
Motion declared carried as approved unanimously under
Consent Agenda.
205
11/2/98
PAGE FOUR
ORDINANCE Moved by Elstner, seconded by Beauvais, to adopt
M-75-98 Ordinance M-75-98, AN ORDINANCE AUTHORIZING THE EXECUTION
LICENSE OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH MAGDALENE
AGREEMENT/ MISIOROWSKI FOR THE INSTALLATION OF AN UNDERGROUND
169 E. SPRINKLER SYSTEM AND A DRIVEWAY APRON CONSTRUCTED OF
HARVEY AVE.: BRICK PAVERS IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 169
Consent EAST HARVEY AVENUE, DES PLAINES. Motion declared carried
Agenda as approved unanimously under Consent Agenda.
ORDINANCE Moved by Elstner, seconded by Beauvais, to adopt
Z-10-98 - Ordinance Z-10-98 - AS AMENDED, AN ORDINANCE GRANTING A
AS AMENDED/ SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF
SPEC. USE DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION
1552 RAND: OF A GASOLINE FILLING STATION AND A 7-11 FOOD STORE IN
Consent C-2 COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN
Agenda AS 1552 RAND ROAD (CASE NO. 98 -11 -SU). Motion declared
carried as approved unanimously under Consent Agenda.
ORDINANCE Moved by Elstner, seconded by Beauvais, to adopt
Z-11-98 Ordinance Z-11-98, AN ORDINANCE GRANTING AN AMENDMENT TO
SPEC. USE/ SPECIAL USE PERMIT #96 -05 -SU -A, PURSUANT TO ARTICLE 8 OF
1221 GOLF: THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT A 40
Consent BED ASSISTED LIVING FACILITY IN C-2 GENERAL COMMERCIAL
Agenda DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1221 EAST GOLF
ROAD (CASE NO. 98 -23 -SU). Motion declared carried as
approved unanimously under Consent Agenda.
MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING - Alderman Beauvais, Chair
PROPOSED Alderman Beauvais announced that the discussion on the
CHANGES/ proposed changes to the City Council rules will be held
CITY at a Committee of the Whole Meeting on Monday, December
COUNCIL 14, 1998 at 7:00 p.m. in Room 102 of City Hall.
RULES:
MAYOR'S Mayor Jung stated that in the opinion of City Attorney
RIGHT TO Wiltse the issue of when the Mayor has a right to vote
VOTE: should be placed on the ballot as a referendum. Mayor
Jung stated that although he continues to believe the
Mayor should have the right to vote, he doesn't think it
is worth the time and effort to go to a referendum.
Mayor Jung withdrew his request to have the City Council
address this matter.
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
1998 Director of Finance Egeberg reviewed his memo of October
AGGREGATE 26, 1998, outlining the requirement of the Truth In
TAX LEVY Taxation Act of notifying the public that the City
DETERMIN.: intends to have a property tax levy. The Illinois State
Statutes states that the City must estimate the amount
of the property tax levy at least 20 days prior to the
adoption of the Property Tax Levy Ordinance, which is
planned for First Reading on December 7, 1998.
Moved by Beauvais, seconded by Elstner, to concur with
Staff recommendation and recommend to the City Council
that pursuant to the Truth In Taxation Act of the State
of Illinois Compiled Statutes, the City determine that
the 1998 Aggregate Tax Levy to be $12,534,749, excluding
General Obligation Bond Debt Service; and further
recommend to adopt Resolution R-65-98 at appropriate time
this evening. Motion declared carried.
WARRANT
REGISTER:
CHANGE ORDER/
DESIGN -BUILD
AGREEMENT
PLAINES TOWN
CENTER
(PARKING
GARAGE) :
1998
AGGREGATE
TAX LEVY
DETERMIN.:
R-65-98
11/2/98
PAGE FIVE
Moved by Arredia, seconded by Sarlo, to recommend to the
City Council approval of November 2, 1998 - Warrant
Register in the amount of $1,774,764.69, which includes
$1,081.91 in expenditures to Home Depot; and further
recommend that Resolution R-66-98 be adopted at
appropriate time this evening. Motion declared carried
(Alderman Elstner abstained on approving the $1,081.91
in expenditures to Home Depot - conflict of interest).
COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair
Director of Economic Development Klaus reviewed his memo
of October 27, 1998, which outlined the need for a Change
Order to the Design -Build Agreement with Plaines Town
Center for converting the Des Plaines Mall into a parking
garage, because of "concealed conditions." These
conditions are defined as those not ordinarily found to
exist in work the contractor is to perform and are such
that they could not have been "reasonably anticipated or
ascertained by Design -Builder." Director Klaus also
presented for the Committee's consideration other items
that are optional, i.e. security office (with washroom)
in garage, sprinkler ground floor, new elevator, security
system and windows in stairwells.
LR Development representatives David Dresdner and Larry
Cook, and the City's financial consultant for this
project, Steve Friedman, addressed the Committee of the
Whole regarding the need for this Change Order.
Mr. John Yaccino, 1779 Cora Street, addressed the
Committee of the Whole stating his concern about this
project and whether this company is qualified to do this
job; who will own this building when it is complete.
City Manager Douthwaite said the City.
Mr. Vince Naccarato, 486 Cordial Drive, addressed the
Committee of the Whole stating that the City should have
known at the beginning that this was going to happen;
there is an old saying "buyer beware."
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating his concern about the soil
tests coming out bad before the Library building is even
started; the City should be cautious.
Moved by Beauvais, seconded by Elstner, to concur with
Staff recommendation and recommend to the City Council
to approve Change Order to Design -Build Agreement with
Plaines Town Center, L.L.C., 350 W. Hubbard, Suite 301,
Chicago, IL 60610, to correct "concealed conditions", as
outlined in the Change Order, including engineering,
design work and the cost of testing; and moving of a wall
and door and the provision of a vestibule and revolving
door in the 701 Lee Stree Building; for a total amount
of $220,280/1993 Capital Improvements General Obligation
Bonds. Motion declared carried. Aldermen Christiansen,
Brookman and Arredia voted no.
MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
Moved by Christiansen, seconded by Sarlo, to concur with
recommendation of Committee of the Whole that pursuant
to the Truth In Taxation Act of the State of Illinois
Compiled Statutes, the City determine that the 1998
Aggregate Tax Levy to be $12,534,749, excluding General
Obligation Bond Debt Service; and adopt Resolution R-65-
R-65-98
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-66-98
CHANGE ORDER/
DESIGN -BUILD
AGREEMENT
PLAINES TOWN
CENTER
(PARKING
GARAGE) :
EXECUTIVE
SESSION:
207
11/2/98
PAGE SIX
98, A RESOLUTION OF THE CITY COUNCIL TO DETERMINE THE
AGGREGATE AMOUNT OF THE 1998 PROPERTY TAX LEVY. Upon
roll call, the vote was:
AYES: 8 -Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Christiansen, seconded by Brookman, to concur
with recommendation of Committee of the Whole to adopt
Resolution R-66-98, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$1,774,764.69, which includes $1,081.91 in expenditures
to Home Depot. Upon roll call, the vote was:
AYES: 8 -Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried (Alderman Elstner abstained on
approving expenditures to Home Depot - conflict of
interest).
Moved by Sarlo, seconded by Elstner, to concur with
recommendation of Committee of the Whole to approve
Change Order to Design -Build Agreement with Plaines Town
Center, L.L.C., 350 W. Hubbard, Suite 301, Chicago, IL
60610, to correct "concealed conditions," as outlined in
the Change Order, including engineering, design work and
the cost of testing; and moving of a wall and door and
the provision of a vestibule and revolving door in the
701 Lee Street Building; for a total amount of $220,280/
1993 Capital Improvements General Obligation Bonds. Upon
roll call, the vote was:
AYES: 6 -Beauvais, Elstner, Higgason, Sarlo,
Smith, Jung
NAYS: 3 -Christiansen, Brookman, Arredia
ABSENT: 0 -None
Motion declared carried.
Moved by Brookman, seconded by Arredia, to go into
Executive Session to discuss personnel. Upon roll call,
the vote was:
AYES: 4 -Brookman, Sarlo, Smith, Arredia
NAYS: 3 -Christiansen, Elstner, Higgason
ABSENT: 1 -Beauvais
Motion declared carried.
The City Council recessed at 9:34 p.m.
The City Council reconvened at 9:52 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia.
ADJOURNMENT: Moved by Christiansen, seconded by Brookman, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:53 p.m.
APPROVED Bi ME THIS +1
DAY 0: o , 1998
Paul W. J
YOR
0,QQa-
Donna McAllister, CMC/AAE CITY CLERK