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01-04-1999238 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS I DES PLAINES CIVIC CENTER I MONDAY I JANUARY 4, 1999 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, January 4 , 1999. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Alderman Beauvais was absent. Alderman Beauvais arrived at 7:06 p.m. Also present were: City Manager Douthwaite, Director of Economic Development Klaus, Director of Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Assistant Director of Public Works Reynolds, Senior Civil Engineer Kaszuba, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: CITIZEN PARTICIPA.: CONSENT AGENDA: MINUTES: Consent Agenda The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that he has brought several issues before the City Council that have not been resolved: 1) residency for department heads which he requested five (5) months ago; this should be required when hiring the new Director of Public Works; 2) Whistleblowers ordinance which he requested about four (4) months ago; there is no cost to the City; should be discussed and resolved; 3) investigate the possibility of creating a Library District; citizens would like to participate in who would represent them on this important Board; the City can put this on the April ballot. Mr. Powers stat ed that he would like to see these three (3) issues brought before the City Council; he would like feedback; he has not received anything so far. Moved by Sarlo, Consent Agenda. seconded by Beauvais, to establish a Motion declared carried. Moved by Higgason, seconded by Elstner, 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-84-98 and M-96-98 were adopted, and Ordinance M-1-99, T-1-99, T-2-99 , T-3-99 and T-4-99 were placed on First Reading. Moved by Higgason, seconded by Elstner, to approve the minutes of the regular meeting of the City Council held December 21, 1998, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to approve the minutes of the Executive Session of the City Council held December 21, 1998. Motion declared carried as approved unanimously under Consent Agenda. UPDATING IDRB POLICY & APPLICA.: Consent Agenda Ordinance M-1-99 TRAFFIC RESTRICTION/ RIVERVIEW & SYCAMORE: Consent Agenda Ordinance T-1-99 Ordinance T-2-99 Ordinance T-3-99 PARKING RESTRICTION/ VARIOUS STREETS: Consent Agenda Ordinance T-4-99 PURCHASE OF FIRE SIRENS: Consent Agenda 239 1/4/99 PAGE TWO Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to authorize updating policy and application (adopted June 15, 1981) for issuing of Industrial Revenue Bonds (Private Activity Bonds) ; said new Application to be accompanied by a fee of $1,000 , which shall be refundable, less expenses, if Bonds are not issued; and further recommend to place on First Reading Ordinance M-1-99, AN ORDINANCE ESTABLISHING THE POLICY AND APPLICATION FOR THE ISSUANCE OF INDUSTRIAL REVENUE BONDS IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to amend Title X, Chapter 7 "Through and Stop Streets," Sections 10-7-3(B) and 10-7-4 of the City Code, to replace existing yield signs with stop signs at the Riverview Avenue/Sycamore Street intersection and Sycamore Street/Everett Avenue intersection; and further recommend to place on First Reading: Ordinance T-1-99, AN ORDINANCE AMENDING SECTION 10-7-3 (B) "TWO-WAY STOP STREETS," OF CHAPTER 7, TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "RIVERVIEW AVENUE (EAST AND WESTBOUND) AS A STOP STREET TO SYCAMORE STREET" AND "SYCAMORE STREET (NORTH AND SOUTHBOUND) AS A STOP STREET TO EVERETT AVENUE;" Ordinance T-2-99, AN ORDINANCE AMENDING SECTION 10-7-4 "YIELD RIGHT OF WAY," OF CHAPTER 7, TITLE X, OF THE CITY CODE OF DES PLAINES, TO DELETE THEREFROM "RIVERVIEW AVENUE TO YIELD FOR TRAFFIC ON SYCAMORE STREET;" and Ordinance T-3-99, AN ORDINANCE AMENDING SECTION 10-7-4 "YIELD RIGHT OF WAY," OF CHAPTER 7, TITLE X, OF THE CITY CODE OF DES PLAINES, TO DELETE THEREFROM "SYCAMORE STREET TO YIELD FOR TRAFFIC ON EVERETT AVENUE." Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to amend Title X, Chapter 5, Section 10-5-17 -"Parking Prohibited in Designated Places" of the City Code, to prohibit parking on the west side of Sakas Drive from Rand Road to Woodland Avenue; prohibit parking on the north side of Walnut Avenue from Center Street to the west end; prohibit parking on the north side of Wicke Avenue from Center Street to the west end; and further recommend to place on First Reading Ordinance T-4-99, AN ORDINANCE AMENDING SCHEDULE I OF SECTION 10-5- 17 "PARKING PROHIBITED IN DESIGNATED PLACES," OF CHAPTER 5 "STOPPING, STANDING AND PARKING," TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "SAKAS DRIVE, FROM RAND ROAD TO WOODLAND AVENUE, WEST SIDE," "WALNUT AVENUE FROM DES PLAINES RIVER ROAD TO CENTER STREET, SOUTH SIDE, " "WALNUT AVENUE FROM CENTER STREET TO WEST END, NORTH SIDE," "WICKE AVENUE FROM DES PLAINES RIVER ROAD TO CENTER STREET, SOUTH SIDE," "WICKE AVENUE FROM CENTER STREET TO WEST END, NORTH SIDE," AND TO DELETE THEREFROM "WALNUT AVENUE FROM DES PLAINES RIVER ROAD TO SOO LINE TRACKS, SOUTH SIDE," AND "WICKE AVENUE FROM DES PLAINES RIVER ROAD TO soo LINE TRACKS I SOUTH s IDE. " Mot ion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to authorize purchase and complete installation of Two (2) Federal Signal Model #2001SRNT Two-Way Sirens in the amount of $35,128/1999 Fire Department-EMA Budget; installation to include removal and disposal of existing sirens and all related equipment; and it is in the best interest of the City that all bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ TRAF. SIG. MODIF.-EMERG. VEH. PRIORITY SYSTEMS: Consent Agenda BID AWARD/ 1999 LEAF GRINDING: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda 240 1/4/99 PAGE THREE Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to award bid for Traffic Signal Modifications-Emergency Vehicle Priority Systems to the lowest bidder, Pinner Electric, Inc., 9525 Southview Avenue, Brookfield, IL 6 O 513, in the bid amount of $198,764.70/1998 Capital Improvement Funds and Year-End Fund Balance. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to award bid for 1999 Leaf Grinding to the lowest bidder, Waste Management of Illinois, 1031 E. Fabyan, Batavia, IL 60510, in the bid amount of $14, 496/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Painting at Fire Stations #1 and #3, returnable by 3:00 p.m., Friday, January 22 , 1999. Motion declared carried as approved unanimously under Consent Agenda . Moved by Higgason, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Furniture for Four (4) Offices at Fire Station #1, returnable by 3: 00 p. m., Friday, January 22, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Various Underwater Rescue Equipment, returnable by 3:00 p.m., Friday, January 22, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Various Technical Rescue Equipment , returnable by 3:00 p.m ., Friday, January 22, 1999. Motion declared carried as approved unanimousl y under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Hauling and Disposal of Leaves, returnable by 3: 00 p. m., Friday, January 22, 1999 . Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids to Remove and Replace Two (2) Fuel Dispensing Units, returnable by 3:00 p.m., Friday, January 22, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for End Loader Attachments, returnable by 3 :00 p.m., Friday, February 19, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) 1999 Medium Duty Dump Truck, returnable by 3:00 p.m., Friday, March 12, 1999. Motion declared carried as approved unanimously under Consent Agenda. PURCHASE OF FIRE FIGHT. PROTECTIVE GEAR: Consent Agenda ORDINANCE M-84-98 PARK. SPACES/ ELLINWOOD ST. PARKING LOT: Consent Agenda ORDINANCE M-96-98 DECREASE CLASS E LIQ. LIC.: Consent Agenda FUNDING/ 11 S 11 CURVE FEASIBILITY STUDY: WARRANT REGISTER: LIQ. LIC./ 1277 ELMHURST: 241 1/4/99 PAGE FOUR Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to authorize purchase of thirty-six (36) sets of Morning Pride Fire Fighting Protective Gear from W. S. Darley & Co., Equipment Division, 2000 Anson Drive, Melrose Park, IL 60160, in the amount of $1,250 per set for a total expenditure of $45, COO/Budgeted Funds; and it is in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to adopt Ordinance M-84-98, AN ORDINANCE AMENDING SECTION 10-11-8 "ELLINWOOD STREET PARKING LOT," OF CHAPTER 11 "PARKING LOTS I " TITLE x I OF THE CITY CODE OF DES PLAINES I TO DESIGNATE CERTAIN 2-HOUR PARKING SPACES AS "VISITOR" PARKING ONLY, MONDAY THROUGH FRIDAY, AND ADDING THERETO A NEW SUBSECTION "C" TO DESIGNATE CERTAIN PARKING SPACES AS 4-HOUR VISITOR PARKING ONLY, MONDAY THROUGH FRIDAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to adopt Ordinance M-96-98, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE TOTAL NUMBER OF CLASS E LICENSES BY ONE. 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 FINANCE & ADMINISTRATION -Alderman Christiansen, Chair Mayor Jung reviewed his memo of December 29, 1998, in which he outlines the efforts that have been made to acquire funding from several agencies and railroads for a feasibility study for possible elimination of the "S" curve on Northwest Highway; it is his recommendation that the City fund an amount of $30,000 as the City's portion of the estimated cost of $300,000 for the feasibility study. Moved by Smith, seconded by Elstner, to recommend to the City Council that the City participate in the funding of a Feasibility Study to assess the feasibility, costs and impacts of removing the existing railroad bridge and providing a straighter more tangent alignment for U.S. Route 14 at the C&NW and Soo Line Railroad Crossings. Motion declared carried. Moved by Arredia, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of January 4, 1999 -Warrant Register in the amount of $2, 002, 592. 89; and further recommend that Resolution R-1-99 be adopted at appropriate time this evening. Motion declared carried (Alderman Christiansen abstained on approving Voucher #09202 in the amount of $16.70 -conflict of interest). LEGAL & LICENSING Alderman Beauvais, Chair The petitioner, Hyun Sook Kim, was sworn in by the City Clerk and gave testimony before the Committee of the Whole. Moved by Higgason, seconded by Brookman, to recommend to the City Council approval of Class E Liquor License for ~ LIQ. LIC. (Cont'd.) LIQ. LIC./ 379 RIVER: TAXICAB LIC. ORDINANCE REVISION: REDUCING NUMBER OF TAXICAB LICENSES: ORDINANCE M-98-98 SALARY ADJUSTMENT/ NON-UNION EMPLOYEES: 242 1/4/99 PAGE FIVE property located at 1277 Elmhurst Road, d/b/a Big Bowl & B. B. Q. Restaurant, contingent upon verification of fingerprints; contingent upon petitioners completing an alcohol awareness training program either accredited by the State of Illinois or conducted by the Des Plaines Police Department; usual posting period of 28 days be waived; and further recommend that Ordinance M-2-99 be placed on First Reading at appropriate time this evening . Motion declared carried. Petitioners, Richard Jankowski, Stephen Aschbacher and Joseph Michelau, were sworn in by the City Clerk and gave testimony before the Committee of the Whole. Alderman Higgason stated that she is opposed to 4: o o a. m. liquor licenses and will be voting against this request; she would not be opposed to granting a 2:00 a.m. liquor license for this property. Alderman Beauvais urged the petitioners to move forward with also offering food at this establishment. Mr. Jankowski stated that they are in the process of cleaning up the kitchen and hope to offer food in the next eight (8) months or so. Moved by Higgason, seconded by Arredia , to recommend to the City Council to DENY request for change of ownership for Class AJ Liquor License for property located at 379 River Road, d/b/a Village Pub. Motion declared failed . Aldermen Higgason, Sarlo and Arredia voted yes. Moved by Christiansen, seconded by Elstner, to recommend to the City Council to GRANT request for change of ownership for Class AJ Liquor License for property located at 379 River Road, d/b/a Village Pub; contingent upon verification of fingerprints and petitioners completing an alcohol awareness training program accredited by the State of Illinois or conducted by the Des Plaines Police Department. Motion declared carried. Aldermen Higgason, Sarlo and Arredia voted no. Moved by Beauvais , seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council to accept proposed changes to the City's taxicab ordinance, i.e. one year license term, abolishing the metal plate language, imposing fines for violati ng provisions of the ordinance, clearly displaying operator identification; and further recommend that Ordinance M-3 - 99 be placed on First Reading at appropriate time this evening. Motion declared carried. Moved by Beauvais, seconded by Higgason, to recommend to the City Council to decrease the number of taxicab licenses from seventy-four (74) to forty-nine (49); and City Attorney be authorized to draft necessary ordinance . Motion declared carried. MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Brookman, seconded by Christiansen, to adopt Ordinance M-98-98, AN ORDINANCE AMENDING SCHEDULES I-A "FIRE GROUP I II II-A "POLICE GROUP I II III-A "CLERICAL, ACCOUNTING AND MISCELLANEOUS GROUP (NON-UNION) I II IV "SUPERVISORY AND ADMINISTRATIVE GROUP," V-A "TECHNICAL, ENGINEERING AND INSPECTION GROUP (NON-UNION)," AND VI-A "LABOR/TRADES -SUPERVISORY GROUP I II EFFECTIVE MAY 1, 1998 TO APRIL 30, 1999," OF SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES. Upon roll call, the vote wa~ M-98-98 (Cont'd.) 1999 EARLY RETIREMENT PROGRAM: Resolution R-2-99 FUNDING/ 11 S 11 CURVE FEASIBILITY STUDY: WARRANT REGISTER: Resolution R-1-99 LIQ. LIC./ 1277 ELMHURST: Ordinance M-2-99 LIQ. LIC./ 379 RIVER: PAGE SIX AYES: 6-Beauvais, Christiansen, Elstner, Sarlo, Smith, Arredia NAYS: 1-Higgason ABSTAIN:l-Brookman ABSENT: 0-None Motion declared carried. 243 1 /4 /99 Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole held December 21, 1998, to approve proposed 1999 Early Retirement Incentive Program that would provide five (5) years of health insurance or a lump sum payment of $10, 000 if health insurance is not needed; effective January 1, 1999 through March 31, 2000; and adopt Resolution R-2-99 I A RESOLUTION ADOPTING A PROPOSED EARLY RETIREMENT INCENTIVE PROGRAM FOR THE CITY OF DES PLAINES EMPLOYEES . Upon roll call, the vote was: AYES: 6 -Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 1-Beauvais ABSENT: 1-Brookman Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole that the City participate in the funding of a Feasibility Study to assess the feasibility, costs and impacts of removing the existing railroad bridge and providing a straighter more tangent alignment for U.S. Route 14 at the C&NW and Soo Line Railroad Crossings. 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 Elstner, to concur with recommendation of Committee of the Whole to adopt Resolution R-1-99, 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: 2,002,592.89. 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 Christiansen abstained on approving Voucher #09202 in the amount of $16.70 - conflict of interest) . Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve Class E Liquor License for property located at 12 77 Elmhurst Road, d/b/a Big Bowl & B.B.Q. Restaurant; contingent upon verification of fingerprints; contingent upon petitioners completing an alcohol awareness training program either accredited by the State of Illinois or conducted by the Des Plaines Police Department; usual posting period of 28 days be waived; and place on First Reading Ordinance M-2-99, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE TOTAL NUMBER OF CLASS E LICENSES BY ONE. Motion declared carried (final action on this matter under Consent Agenda on January 18, 1999). Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to grant request for change of ownership for Class AJ Liquor License for property located at 379 River Road, d/b/a Village Pub; contingent upon verification of fingerprints and petitioners completing an alcohol awareness training LIQ. LIC. (Cont'd.) TAXICAB LIC. ORDINANCE REVISION: Ordinance M-3-99 REDUCING NUMBER OF TAXICAB LICENSES: EXECUTIVE SESSION: ADJOURNMENT: 244 1/4/99 PAGE SEVEN program accredited by the State of Illinois or conducted by the Des Plaines Police Department. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Elstner, Brookman, Smith NAYS: 3-Higgason, Sarlo, Arredia ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to accept proposed changes to the City's taxicab ordinance, i.e . one year license term, abolishing the metal plate language, imposing fines for violating provisions of the ordinance, clearly displaying operator identification; and place on First Reading Ordinance M-3-99. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-3-99, AN ORDINANCE AMENDING SECTIONS 5-5-25.1 "TAXI COMPANY LICENSE REQUIRED," 5-5-25.11 "RATE OF FARES," 5-5-25.21 "STICKER; LICENSE PLATE," AND 5-5-25. 22 "DRIVER'S IDENTIFICATION CARD; APPEARANCE," OF CHAPTER 5 "OTHER BUSINESS," TITLE V, OF THE CITY CODE OF DES PLAINES; AND FURTHER ADDING TO SAID CHAPTER 5 A NEW SUBSECTION 5-5- 25. 21 (C) "PENALTY." 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 Beauvais, seconded by Higgason, to concur with recommendation of Committee of the Whole to decrease the number of taxicab licenses from seventy-four ( 74) to forty-nine (49); and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on January 18, 1999). Moved by Brookman, seconded by Beauvais, to go into Executive Session to discuss labor negations. 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. The City Council recessed at 8:10 p.m. The City Council reconvened at 8:41 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Moved by Beauvais, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:42 p.m. ;q ( . ---"' @2±1: --~& Donna McAllister, CMC/AAE CITY CLERK