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01-18-1999245 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 1 MONDAY, JANUARY 18, 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: O O p. m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, January 18, 1999. ROLL CALL: Roll call indicated the following aldermen Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia. present: Brookman, Also present were: City Manager Douthwaite, Assistant to the City Manager Johnson, Director of Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Sewer Foreman Poczatek, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: HOLIDAY HOME DECORATING CONTEST AWARDS: CITIZEN PARTICIPA.: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Mayor Jung introduced Keep Des Plaines Beautiful Coordinator Pamela Rosinia who explained that the Holiday Home Decorating Contest was sponsored by the Des Plaines Area Jaycees, Keep Des Plaines Beautiful, and The Journal & Topics Newspapers, in association with the City Council, and was for the best overall decorated home in each Ward. Ms. Rosinia then introduced representatives from the Des Plaines Area Jaycees who presented the following awards: WARD 1 Darrey Family, 705 Arlington Avenue WARD 2 Kramer Family, 1396 Wicke Avenue WARD 3 Jakubek Family, 966 E. Leahy Circle WARD 4 Everly Family, 670 Westgate Road WARD 5 Lamansky Family, 2056 Spruce Avenue WARD 6 Popiel Family, 1881 North Shore Avenue WARD 7 Michalski Family, 4 N. Warrington Road WARD 8 Densi Family, 1397 Susan Drive BEST OVERALL Denise and Dave Everly, 670 Westgate Road Mr. Bill Fraser, 805 Thacker Street, addressed the City Council expressing his concern about traffic safety on his street; it is posted 25 MPH, but no one obeys the signs; he even made a speed sign and put it on his front lawn; he asked if the Staff Traffic Advisory Committee has met on this matter; are more signs going to be put up. City Engineer Oakley stated that a STAC meeting will be held to discuss this matter on Tuesday, January 26, 1999 at 2:30 p.m. in Room 101 of City Hall. 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; 2) Whistleblowers ordinance; and 3) a referendum on creating a Library District. Mr. Powers stated that these issues have never been discussed by the City Council, especially the Library District issue; this is an important issue to the people of Des Plaines; the City Council has only one (1) more meeting to discuss this before the deadline to get a referendum on the April 13, 1999 Consolidated Election ballot. COMMENTS (Cont'd. ) CONSENT AGENDA: MINUTES: Consent Agenda PURCHASE OF PICKUP TRUCK/ FIRE DEPT.: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-1-99 UPDATING IDRB POLICY & APPLICA.: Consent Agenda ORDINANCE M-2-99 LIQ. LIC./ 1277 ELMHURST: Consent Agenda 246 1/18/99 PAGE TWO Mr. Doug Dsida, 2126 Craig Drive, addressed the City Council stating that on January 5, 1999, he was driving southbound on River Road and saw Public Works employees and equipment plowing a private residence; is this normal procedure. City Manager Douthwaite said no and encouraged Mr. Dsida or any citizen to call him if they see this happening. Moved by Beauvais, seconded by Higgason, to establish a Consent Agenda. Motion declared carried. Moved by Higgason, 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-1-99, M-2-99, T-1-99, T-2-99 and T-3-99 were adopted, and Ordinance M-4-99 was placed on First Reading. Moved by Higgason, seconded by Beauvais, to approve the minutes of the regular meeting of the City Council held January 4, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to approve the minutes of the Executive Session of the City Council held January 4, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to authorize purchase through State of Illinois Net Bid Program of One (1) 1999 Dodge Pickup Truck for Fire Department from Bob Ridings, Inc., Jeep- Eagle-Dodge Fleet Sales, 931 Springfield Road , Taylorville, IL 62568, at a cost of $16,500/1999 Capital Equipment Replacement Fund (CERF) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Purchase and Delivery of Gas and Diesel Fuel, returnable by 3:00 p.m., Friday, February 5, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Three (3) Police Motorcycles, returnable by 3: 00 p. m., Friday, February 12, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to adopt 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 Beauvais, to adopt 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 as approved unanimously under Consent Agenda. ORDINANCE T-1-99 TRAFFIC RESTRICTION/ RIVERVIEW &: SYCAMORE: Consent Agenda ORDINANCE T-2-99 DELETE YIELD/ RIVERVIEW &: SYCAMORE: Consent Agenda ORDINANCE T-3-99 DELETE YIELD/ SYCAMORE &: EVERETT: Consent Agenda ORDINANCE M-4-99 REDUCE NUM. OF TAXICAB LICENSES: Consent Agenda PARKING RESTRICTION/ MILL ST. FROM RIVER RD. TO EAST END.: 247 1/18/99 PAGE THREE Moved by Higgason, seconded by Beauvais, to adopt 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." Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to adopt 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." Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to adopt 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. II Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to place on First Reading Ordinance M-4-99, AN ORDINANCE AMENDING SECTION 5-5-25.24 "NUMBER OF VEHICLE LICENSES OF CHAPTER 5 "OTHER BUSINESS," TITLE V, OF THE CITY CODE OF DES PLAINES. 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 ENGINEERING Alderman Elstner, Chair City Engineer Oakley reviewed his memo of January 11, 1999, stating that the Staff Traffic Advisory Committee (STAC) has reviewed the parking conditions along Mill Street, which currently prohibits parking along the south side of the street at all times; and on the north side, parking is restricted to three (3) hours, Monday through Friday from 10:00 a.m. to 6:00 p.m., with the exception of the west 60' of the street, which is posted as "No Parking Here to Corner." The residents are interested in "Resident Parking Only," because they believe Bill's Auto is parking too many of his vehicles on the street. STAC is opposed to this request because of enforcement problems and that the restriction would force that business to park vehicles on other local streets. Mayor Jung stated that he spoke to the owner of Bill's Auto earlier in the day and was told that the owner is planning to move the business in a few months. Alderman Beauvais expressed her concern about the safety on this street; especially at the corner where the sight distance is very poor; we can't leave it this way. Alderman Christiansen asked why not do permit parking instead of "Resident Parking Only;" we should also look at how the cars are being parked at Bill's Auto. Mrs. Elaine Johnsen, 659 S. River Road, addressed the Committee of the Whole stating that she got a ticket for parking on Mill Street, but Bill's Auto's cars never get ticketed; we need permit parking. MILL ST. (Cont'd. ) DECK VARIATION/ 1476 HENRY: LIQ. LIC. 1492-94 MINER ST.: LIQ. LIC. 1460 RAND: 248 1/18/99 PAGE FOUR Mrs. Laverne Pavel, 1685 Mill Street, addressed the Committee of the Whole stating her concern about how hard it is to go onto River Road; someone is going to be killed or seriously injured. Ms. Patricia Haugeberg, 1702 Mill Street, addressed the Committee of the Whole stating that Bill's Auto parks his vehicles over the sidewalk obstructing the view of traffic on River Road; his delivery trucks block the intersection; she hopes the Committee approves "Residential Parking Only" or permit parking. Mr. Rob Zimmerman, owner of Bill's Auto, 697 s. River Road, addressed the Committee of the Whole stating that he is very sorry if he has inconvenienced his neighbors; he has bought another piece of property in Des Plaines and hopes to move soon, but he did buy ten (10) parking permits for his employees to use in the City's Lot #5; his business has been there for 18 years, well before the condos were built; no one has ever come to talk to him about these problems; he is also very concerned about safety; he wants to be a good neighbor. At the suggestion of Mayor Jung, a meeting will be held on Wednesday, February 3, 1999 at 7:00 p.m. in Room 101 of City Hall so that the Staff, a representative from Bill's Auto and the residents can work out some of these problems. Moved by Beauvais, seconded by Christiansen, to recommend to the City Council that Staff be authorized to investigate acquiring a right-of-way at the corner of River Road and Mill Street for safer traffic flow. Motion declared carried. Moved by Beauvais, seconded by Higgason, to recommend to the City Council to move "No Parking Here to Corner" signs on the north side of Mill Street, back east to the first driveway, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. BUILDING CODE Alderman Arredia, Chair Alderman Arredia stated that the request for a Deck Variation for 1476 Henry Avenue has been held until the next meeting on February 1, 1999. LEGAL & LICENSING Alderman Beauvais, Chair Petitioner Ted Vlahopoulos was sworn in by the City Clerk and gave testimony before the Committee of the Whole. Moved by Christiansen, seconded by Brookman, to recommend to the City Council approval of Class A Liquor License for property located at 1492-94 Miner Street, d/b/a Mr. A's Sugar Bowl, contingent upon verification of fingerprints and petitioner completing an alcohol awareness training program accredited by the State of Illinois or conducted by the Des Plaines Police Department; and Ordinance M-5-99 be placed on First Reading at appropriate time this evening. Motion declared carried. Petitioners Robert L. Sternberg and Trish Wojtun were sworn in by the City Clerk and gave testimony before the Committee of the Whole. 1460 RAND (Cont'd.) $10 MILLION GO BOND ISSUE (LIBRARY) : WARRANT REGISTER: ORDINANCE T-4-99 PARKING RESTRICTION/ VARIOUS STREETS: 249 1/18/99 PAGE FIVE Moved by Christiansen, seconded by Brookman, to recommend to the City Council approval of Change of Ownership for Class A Liquor License for property located at 1460 Rand Road, d/b/a Annie T's, 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. FINANCE &: ADMINISTRATION -Alderman Christiansen, Chair Director of Finance Egeberg reviewed his memo of January 12, 1999, which outlined the Staff recommendation that the City issue $10 million in General Obligation Debt for 1999 to be used to complete the Library construction project. This bond issuance will bring the total bonds issued for the Library construction project to $13. s million, none of which will be paid from property taxes. The principle and interest payments for this bond will be abated and paid from revenues received from the recently enacted 1/4% home rule sales tax increase. Moved by Higgason, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council that the City issue $10 million in General Obligation Corporate Purpose Bonds, Series 1999, to be used to complete the Library construction project in the downtown redevelopment area; and Ordinance M-6-99 be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Christiansen, Brookman and Arredia voted no. Moved by Arredia, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council approval of January 18, 1999 -Warrant Register in the amount of $2,309,663.60, which includes $97.81 in expenditures to Home Depot; and further recommend that Resolution R-3-99 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $97. 81 in expenditures to Home Depot -conflict of interest) . MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. This ordinance was amended to correct motion approved on January 4, 1999 that there be no parking on the west side of Sakas Drive; the ordinance should have read that there be no parking on the EAST side of Sakas Drive. Moved by Christiansen, seconded by Elstner, to adopt Ordinance T-4-99 -AS AMENDED, 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, EAST 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 I " "WICKE AVENUE FROM CENTER STREET TO WEST END I 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 T-4-99 (Cont'd.) MILL ST. PARKING: LIQ. LIC. 1492-94 MINER ST.: Ordinance M-5-99 LIQ. LIC. 1460 RAND: $10 MILLION GO BOND ISSUE (LIBRARY) : Ordinance M-6-99 WARRANT REGISTER: Resolution R-3-99 250 1/18/99 PAGE SIX TRACKS, SOUTH SIDE." Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole that Staff be authorized to investigate acquiring a right-of-way at the corner of River Road and Mill Street for safer traffic flow. Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole to move "No Parking Here to Corner" signs on the north side of Mill Street, back east to the first driveway, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole to approve Class A Liquor License for property located at 1492-94 Miner Street, d/b/a Mr. A's Sugar Bowl, contingent upon verification of fingerprints and petitioner completing an alcohol awareness training program accredited by the State of Illinois or conducted by the Des Plaines Police Department; and place on First Reading Ordinance M-5-99, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE TOTAL NUMBER OF CLASS A LICENSES BY ONE AND TO CORRECT THE NUMBER OF CLASS E LICENSES TO 16. Motion declared carried (final action on this matter under Consent Agenda on February 1, 1999). Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve Change of Ownership for Class A Liquor License for property located at 1460 Rand Road, d/b/a Annie T's, 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. Moved by Sarlo, seconded by Higgason, to concur with recommendation of Committee of the Whole that the City issue $10 million in General Obligation Corporate Purpose Bonds, Series 1999, to be used to complete the Library construction project in the downtown redevelopment area; and place on First Reading Ordinance M-6-99. Motion declared carried. Aldermen Christiansen, Brookman and Arredia voted no. (final action on this matter under Consent Agenda on February 1, 1999) Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-3-99, 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: 2,309,663.60, which includes $97.81 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 the $97. 81 in expenditures to Home Depot - conflict of interest) . BID DATE/ HAULING & DISPOSAL OF LEAVES: RECODIFICA. OF CITY CODE: RESIDENCY FOR DEPT. HEADS: EXECUTIVE SESSION: POLICE UNION CONTRACT: WORKER'S COMPENSATION CLAIMS: APPROVAL OF EXECUTIVE SESSION MINUTES: 251 1/18/99 PAGE SEVEN City Clerk McAllister announced that the bid date for the Hauling and Disposal of Leaves has been changed from January 22, 1999 to Friday, February 5, 1999. Moved by Sarlo, seconded by Higgason, that the review of the proposed recodification of the City Code be postponed for four (4) months. Motion declared carried. Aldermen Christiansen, Elstner, and Smith voted no. Moved by Brookman, seconded by Arredia, that the matter of requiring residency for Department Heads be referred to the Legal & Licensing Committee for review and report . Motion declared failed. Aldermen Brookman and Arredia voted yes. Moved by Brookman, seconded by Smith, to go into Executive Session to discuss labor negotiations, worker's compensation claims and biannual review of Executive Session minutes. 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 9:16 p.m. The City Council reconvened at 9:45 p.m. Roll call indicated the following aldermen present: Christiansen, Elstner, Higgason, Brookman, Sarlo , Smith, Arredia. Moved by Higgason, seconded by Brookman, to concur with consensus in Executive Session to ratify the collective bargaining agreement between the City and the Metropolitan Alliance of Police and Mayor and City Clerk be authorized to execute same; agreement to begin May 1 , 1998 and expire April 30, 2001; and City Attorney be authorized to draft necessary resolution and ordinance. Upon roll call, the vote was: AYES: 7-Christiansen , Elstner, Higgason, Brookman , Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Higgason, seconded by Christiansen, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding worker's compensation claims. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Higgason, seconded by Brookman, to concur with consensus in Executive Session that the following Executive Session minutes or portion thereof no longer require confidential treatment and are available for public inspection: June 20, 1994 September 19, 1994 November 21, 1994 August 7, 1995 Pending Litigation/ EEOC v. City (Provenzano) Retirement of Employee (Police Chief Storm) Pending Litigation/ EEOC v. City (Provenzano) Pending Litigation/ Chrobak v. City Pending Litigation/ Herrey v. City EXEC. SESS. (Cont'd.) ADJOURNMENT: 252 1/18/99 PAGE EIGHT August 21, 1995 September 5, 1995 October 21, 1996 October 28, 1996 November 18, 1996 January 20, 1997 February 3, 1997 July 21, 1997 January 19, 1998 July 20, 1998 Discipline of Employee/ Officer C. Cadle Discipline of Employee/ Officer C. Cadle Discipline of Employee Officer C. Cadle Pending Litigation/ 454 Lyman Avenue Pending Litigation/ 454 Lyman Avenue Pending Litigation/ 454 Lyman Avenue Pending Litigation/ 454 Lyman Avenue Pending Litigation/ 454 Lyman Avenue Personnel/Reclass. Of Clerk Positions Reclassification of Clerk Positions Review of Executive Session Minutes And further concur with consensus in Executive Session that the need for confidentiality still exists as to all or part of the remaining Executive Session minutes. Motion declared carried. Moved by Christiansen, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:47 p.m. ~~°fL Donna McAllister, CMC/AAE -CITY CLERK APPROVED BY ME THIS