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02-01-1999253 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 FEBRUARY 1, 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: oo p. m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, February 1, 1999. 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, Acting Director of Public Works Reynolds, 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: RECOGNITION: ORDINANCE M-6-99 $10 MILLION BOND ISSUE (LIBRARY) : CITIZEN PARTICIPA.: The opening prayer was given by Father John Rallis, St. John The Baptist Greek Orthodox Church, followed by the Pledge of Allegiance to the Flag. Police Chief Sturlini presented Police Sergeant Tim Veit with the 1999 Law Enforcement and Criminal Justice Award from the Chicago Crime Commission in recognition of and grateful appreciation for his pioneering efforts in dealing with all aspects of domestic violence. Mr. Kevin Mccanna, President of Speer Financial, Inc., the City's financial consultant, stated that seven (7) bids were received this morning for the 1999 $10 Million General Obligation Bond, the proceeds of which will be used to complete the Library construction project. He recommends that the Bonds be awarded to Griffin, Kubik, Stephens & Thompson, Inc., Chicago, Illinois in association with Covest Bank, Des Plaines, at a price of $9,950,000, plus accrued interest, being a net interest rate of 4.1968%. Moved by Beauvais, seconded by Brookman, to adopt Ordinance M-6-99, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $10,000,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1999, OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 5-Beauvais, Elstner, Higgason, Sarlo, Smith NAYS: 3-Christiansen, Brookman, Arredia ABSENT: 0-None Motion declared carried. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that some people have been critical of the City's Building Department, but a local merchant told him that Des Plaines is a 11 cake walk 11 compared to his dealings with the Village of Winnetka. Mr. Serbin also stated that sidewalk shoveling was bad during the recent snow storm, especially at Lee & Algonquin and Lee & Oakton; City should enforce this ordinance. Mr. Bob Suriano, 1258 Wayne Drive, addressed the City Council stating that he asked State Representative Rosemary Mulligan to investigate how the recent referendum setting term limits for elected municipal officers may be reversed; he presented the research findings from the Illinois General Assembly Legislative COMMENTS (Cont'd.) CONSENT AGENDA: MINUTES: Consent Agenda ZONING CASE 99-02-V VARIATION/ 1231-1233 LEE ST.: Consent Agenda Ordinance Z-1-99 INTENT TO ISSUE IDRBs/ 520 SANTA ROSA DR.: Consent Agenda Resolution R-4-99 AGREEMENT FOR MUNICIPAL PROGRAMM./ LORELLE COMMUNICA.: Consent Agenda 254 2/1/99 PAGE TWO Research Unit, which should not be taken as a legal opinion; he asked that City Attorney Wiltse review this document; he also asked for a copy of the City's Charter. Mayor Jung suggested that Mr. Suriano contact the City Clerk's Office for this document. Moved by Higgason, seconded by Beauvais, to establish a Consent Agenda. Motion declared carried. Moved by Beauvais, seconded by Higgason, 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-4-99 and M-5-99 were adopted; Ordinances M-7-99, T-5-99 and Z-1-99 were placed on First Reading; and Resolutions R-4-99, R-5-99 and R-6-99 were adopted. Moved by Beauvais, seconded by Higgason, to approve the minutes of the regular meeting of the City Council held January 18, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to approve the minutes of the Executive Session of the City Council held January 18, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 99-02-V, to permit a five (5) foot-wide parking lot perimeter landscape area along the north and south sides of the primary parking lot at the rear of the site instead of the required seven (7) foot-wide perimeter landscape area, in C-3 General Commercial District on property located at 1231-1233 Lee Street; and further recommend to place on First Reading Ordinance z- 1-99, AN ORDINANCE GRANTING A VARIATION TO SECTION 10.8- 3c OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT A FIVE FOOT PERIMETER PARKING LOT LANDSCAPING INSTEAD OF THE REQUIRED SEVEN FOOT IN C-3 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1231-1233 LEE STREET (CASE 99-02-V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to authorize the adoption of an Inducement Resolution authorizing the intent to issue $2,400,000 of the City's 1999 Industrial Revenue Bond (IRB) volume cap of $2,741,800 to Ware Mill Grinding, L. L. C., for the acquisition, rehabilitation and equipping of facilities on property located at 52 O Santa Rosa Drive; and, if bonds are issued, City be paid a 1% service fee; and further recommend to adopt Resolution R-4-99, A RESOLUTION EXPRESSING THE INTENTION OF THE CITY OF DES PLAINES, ILLINOIS, TO ASSIST IN FINANCING THE ACQUISITION, CONSTRUCTION, RENOVATION, AND EQUIPPING OF AN INDUSTRIAL PROJECT TO BE USED BY WARE MILL GRINDING, L.L.C. AND TO PROVIDE FOR THE REIMBURSEMENT OF CERTAIN CAPITAL EXPENDITURES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Service and Financial Agreement with Lorelle Communications, Inc., a Division of Corcoran Productions, Inc., 1355 Remington Road, Suite K, Schaumburg, IL 60173, to provide Municipal programming for the City's government access channel for a period R-5-99 (Cont'd.) PURCHASE OF POLICE VEHICLES Consent Agenda BID AWARD/ PICKUP TRUCK W/PLOW: Consent Agenda BID AWARD/ ASPHALT ROLLER: Consent Agenda BID AWARD/ FUEL DISPEN. UNITS: Consent Agenda BID AWARD/ OFFICE FURNITURE/ FIRE STA. #1: Consent Agenda BID AWARD/ UNDERWATER RESCUE EQUIPMENT: Consent Agenda BID AWARD/ TECHNICAL RESCUE EQUIPMENT: Consent Agenda RESOLUTION R-6-99 RATIFYING POLICE UNION CONTRACT: Consent Agenda 255 2/1/99 PAGE THREE beginning February 1, 1999 through December 31, 1999 for an estimated cost of $60,000/1999 Cable Commission Budget; and further recommend to adopt Resolution R-5-99, A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SERVICE AND FINANCIAL AGREEMENT FOR MUNICIPAL PROGRAMMING BETWEEN THE CITY OF DES PLAINES AND LORELLE COMMUNICATIONS, INC. ; A DIVISION OF CORCORAN PRODUCTIONS, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to authorize purchase through State of Illinois Net Bid Program of Ten (10) 1999 Ford Crown Victoria Police Vehicles from Landmark Ford, 1800 s. Dirksen Parkway, Springfield, IL 62703, at a cost of $204,153/1999 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to award bid for One (1) 1999 3/4- Ton Heavy Duty Four-Wheel Drive Pickup Truck with Plow, to the lowest bidder, Bob Fish GMC, 5566 Highway P, West Bend, WI 53095, in the total bid amount of $23,311/1999 Capital Equipment Replacement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to award bid for One (1) New Asphalt Roller to the lowest bidder, Casey Equipment Company, Inc., 1603 E. Algonquin Road, Arlington Heights, IL 60005, in the total bid amount of $9,775/1999 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to award bid for Two (2) Fuel Dispensing Units at 1111 Joseph Schwab Road, to the lowest bidder, B & K Equipment Company, 1924 l 77th Street, Lansing, IL 60438, in the total bid amount of $6,928/1999 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to award bid for Off ice Furniture for Fire Station #1 to the lowest bidder, Sun Office, Inc., 871 Busse Road, Elk Grove Village, IL 60007, in the total bid amount of $11,899/1999 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to award bid for Various Underwater Rescue Equipment to the lowest bidder to meet specifications, Prospect Dive Shop, 870 S. Arthur, Arlington Heights, IL 60005, in the total bid amount of $18, 500/1999 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to award bid for Various Technical Rescue Equipment to the lowest bidder to meet specifications, Global Fire Equipment, 401 Peoria Street, Washington, IL 61571, in the total bid amount of $5,598.44/1999 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to adopt Resolution R-6-99, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE CITY OF DES PLAINES AND THE METROPOLITAN ALLIANCE OF POLICE. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-7-99 COMPEN. PLAN/ POLICE UNION EMPLOYEES: Consent Agenda ORDINANCE T-5-99 PARKING RESTRIC./ MILL ST.: Consent Agenda ORDINANCE M-4-99 REDUCE NUMBER OF TAXICAB LICENSES: Consent Agenda ORDINANCE M-5-99 LIQ. LIC./ 1492-94 MINER: Consent Agenda LIQ. LIC./ 901 E. OAKTON ST.: WARRANT REGISTER: 256 2/1/99 PAGE FOUR Moved by Beauvais, seconded by Higgason, to place on First Reading Ordinance M-7-99, AN ORDINANCE AMENDING SCHEDULE II "POLICE GROUP," 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. Motion declared carried as approved unanimously under Consent Agenda (final action on this matter under Consent Agenda on February 16 , 1999 ). Moved by Beauvais, seconded by Higgason, to place on First Reading Ordinance T-5-99, AN ORDINANCE AMENDING SECTION 10-5-17 "PARKING PROHIBITED IN DESIGNATED PLACES I II II SCHEDULE I I II OF CHAPTER 5 I TITLE x I OF THE CITY CODE OF DES PLAINES, TO ADD THERETO NO PARKING TO CORNER ON MILL STREET FROM EAST LINE OF DES PLAINES RIVER ROAD TO 140 FEET EAST OF THE EAST LINE OF DES PLAINES RIVER ROAD. Motion declared carried as approved unanimously under Consent Agenda (final action on this matter under Consent Agenda on February 16, 1999). Moved by Beauvais, seconded by Higgason, to adopt Ordinance M-4-99 I AN ORDINANCE AMENDING SECTION 5-5-25. 24 "NUMBER OF VEHICLE LICENSES" OF CHAPTER 5 "OTHER BUSINESS I II TITLE v I OF THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to adopt 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 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 Petitioners Dimitrios Tingas, George Tingas and Steve Tingas were sworn in by the City Clerk and gave testimony before the Committee of the Whole. Moved by Arredia, seconded by Christiansen, to recommend to the City Council to approve Change of Ownership for Class A Liquor License for property located at 901 E. Oakton Street, d/b/a Peppers and Radishes, Inc., 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 Moved by Arredia, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of February 1, 1999 -Warrant Register in the amount of $2,171,047.30, which includes $1,163.43 in expenditures to Home Depot; and further recommend that Resolution R-7-99 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $1.163.43 in expenditures to Home Depot -conflict of interest) . REIMBURSE. OF CONFERENCE EXPENSES/ DEPT. HEADS: 1999 STREETS CAPE IMPROV.: ZONING CASE 98-26-CU 440-480 POTTER RD.: 257 2/1/99 PAGE FIVE City Manager Douthwaite reviewed his memo of January 28, 1999, regarding requiring department heads to reimburse the City for professional conference expenses incurred on their behalf if the department head leaves the City's employ sometime after attending the conference. Mr. Douthwaite stated that he had not heard of such a policy in his entire career; he asked the Northwest Municipal Conference to survey its members; the survey indicates that no other municipality imposes this condition on its department heads. A general discussion followed which included the possibility of including elected official as well as all employees. Alderman Christiansen stated that no action would be taken on this matter; it was just presented for discussion. ENGINEERING Alderman Elstner, Chair City Engineer Oakley reviewed his memo of January 25, 1999, regarding the proposal received from the City's landscape architect, Teska Associates, Inc. to perform design and construction services in connection with the 1999 Streetscape Improvements that will include the transit station and the adjacent area along the south side of Miner Street. Alderman Beauvais stated her displeasure at the landscaping at Miner Street and Des Plaines River Road; her residents have complained to her; it is not to their satisfaction. Teska Associates' representative, Nick Patera, stated that he is aware of some of the criticism and comments; perhaps the small plants could be replaced with larger ones; he would be happy to meet with Alderman Beauvais to see if something could be worked out with the present landscaping. Mayor Jung stated that residents should wait until all the plantings are done; we can always remove some plantings; take a "wait and see" approach. Alderman Christiansen asked if the vending machine problem will be addressed. City Engineer Oakley said yes, they will be looked at. Alderman Sarlo stated that he hopes safety will be considered when planning this design, especially around the transit center. Moved by Smith, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to accept proposal from Teska Associates, Inc., 627 Grove Street, Evanston, IL 60201, to perform design and construction services in connection with the 1999 Streetscape Improvements for the south side of Miner Street from East Gate at River Road to the West Gate west of Graceland Avenue, at a not-to-exceed cost of $18,500/TIF Funds. Motion declared carried. Alderman Beauvais voted no. MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Brookman, seconded by Christiansen, to concur with recommendation of Committee of the Whole held January 25, 1999, re Zoning Case 98-26-CU, that the request to allow a place of worship on property located POTTER RD. (Cont'd.) ZONING CASE 98-29-A SINGLE NON- CONFORMING LOTS: LIQ. LIC. 901 E. OAKTON ST.: WARRANT REGISTER: Resolution R-7-99 1999 STREETS CAPE IMPROV.: SINGLE BID/ PAINTING AT FIRE STA. #1 & #3: PARKING/ SAKAS DRIVE: 258 2/1/99 PAGE SIX at 440-480 Potter Road, be postponed until petitioner completes an engineering study to determine what if any of the property is located in the floodplain, and such study be reported back to the Committee of the Whole for review. Motion declared carried. Aldermen Higgason and Smith voted no. Mayor Jung also indicated his opposition to this motion. Moved by Sarlo, seconded by Elstner, to DEFER motion that failed in Committee of the Whole held January 25, 1999, re Zoning Case 98-29-A, to approve Text Amendment to the Zoning Code to add Section 5.4-1 -Single Nonconforming Lots of Record; and that when lots are developed the property will be posted and residents notified when Architectural Commission meetings will be held regarding the development. (This matter will be heard again under Unfinished Business on February 16, 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 901 E. Oakton Street, d/b/a Peppers and Radishes, Inc., 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 Christiansen, seconded by Sarlo, to concur with recommendation of Committee of the Whole to adopt Resolution R-7-99, 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: $2,171,047.30, which includes $1,163.43 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 $1,163.43 in expenditures to Home Depot - conflict of interest) . Moved by Elstner, seconded by Sarlo, to concur with recommendation of Committee of the Whole to accept proposal from Teska Associates, Inc., 627 Grove Street, Evanston, IL 60201, to perform design and construction services in connection with the 1999 Streetscape Improvements for the south side of Miner Street from East Gate at River Road to the West Gate west of Graceland Avenue, at a not-to-exceed cost of $18,500/TIF Funds. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 1-Beauvais ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Smith, that City Clerk be authorized to open single bid received on January 22, 1999, for Painting at Fire Stations #1 and #3. Motion declared carried. City Clerk McAllister open the single bid and announced that it was from Schmidt & Co., 4836 W. Berwyn, Chicago, IL 60630, in the total bid amount of $11,950. Mayor Jung referred the bid to Staff for review and report. At the request of Alderman Christiansen, Mayor Jung referred the matter of reviewing parking on Sakas Drive to the Staff Traffic Advisory Committee (STAC) . ADJOURNMENT: 259 2/1/99 PAGE SEVEN Moved by Christiansen, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:25 p.m. ~12-1---1---· Donna McAllister, CMC/AAE -CITY CLERK APPROVED BY ME THIS DAY