08-09-1999 Reconvened069
MINUTES OF THE RECONVENED MEETING FROM AUGUST
5, 1999, OF REGULAR MEETING OF AUGUST 2,
1999, OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES
PLAINES CIVIC CENTER, MONDAY, AUGUST 9, 1998
CALL TO ORDER: The reconvened meeting of the City Council of the City
of Des Plaines, Illinois, was called to order by Mayor
Paul W. Jung at 7: 02 P. M. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, August 9, 1998.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Sayad, Becker, Smith,
Arredia. Alderman Brookman was absent. Alderman
Brookman arrived at 7:04 p.m.
Also present were: City Manager Douthwaite, Director of Economic
Development Klaus, Senior Civil Engineer Kaszuba, Director of
Community Development D' Onofrio, Assistant City Attorney Bartel and
City Attorney Wiltse.
AMENDMENT/
PARK.LEASE
701 LEE:
Tabled on
6/7/99
LEGAL & LICENSING -Alderman Beauvais, Chair
(This is a continuation of discussion from Thursday,
August 5, 1999.)
Moved by Arredia, seconded by Brookman, to recommend
to the City Council that the City convey property
(Lots 2,3 and 5 in the Library subdivision) and record
the release of existing easements ("Reciprocal
Construction, Operation and Easement Agreement";
"Easement Agreement") and record the 1999 Easement
Agreement) and that the City adhere to the 1975
parking lease and agreement as amended in 1982 and
1995.
Moved by Brookman, seconded by Arredia, to adopt a
substitute motion that the City convey property (Lots
2,3 and 5 in the Library subdivision) and record the
release of existing easements ("Reciprocal
Construction, Operation and Easement Agreement";
"Easement Agreement") and record the 1999 Easement
Agreement) and that the City adhere to the 1975
parking lease and agreement as amended in 1982 and
1995; that Staff provide and include modifications to
the legal description of the parking deck property and
that the City be authorized to further renegotiate
lease on the issues of the security camera, Saturday
morning parking, insurance issues and similar matters.
Moved by Beauvais, seconded by Brookman, to call for
the question. Motion declared failed. Aldermen
Christiansen, Elstner and Smith voted no. (It takes a
2/3 affirmative vote to pass.)
Mr. Ron Grais, the City's legal counsel in this matter
and Director of Economic Development Klaus answered
questions from the Aldermen regarding the security
PARK. AGREE.
(Cont'd.)
ADULT USE
ORDINANCE:
WHISTLEBLOWER
ORDINANCE:
070
8/9/99
PAGE TWO
cameras, management fee, insurance requirements, 9-1-1
antennas and easements for the 701 Lee Street Parking
Lease Agreement.
Moved by Elstner, seconded by Brookman, to call for
the question. Motion declared carried. Aldermen
Christiansen and Smith voted no.
City Attorney Wiltse stated that the amended motion
should be voted on in two (2) parts. The substitute
motion was withdrawn. Motion declared carried on the
original motion. Aldermen Christiansen and Smith
voted no.
Moved by Brookman, seconded by Arredia, to recommend
to the City Council that Staff provide and include
modifications to the legal description of the parking
deck property and that the City be authorized to
further renegotiate lease on the issues of the
security camera, Saturday morning parking, insurance
issues and similar matters. Motion declared carried.
Aldermen Christiansen and Smith voted no.
Moved by Smith, seconded by Christiansen, that the
matter of the Adult Use Ordinance be tabled until
September 7, 1999. Motion declared carried.
Moved by Smith, seconded by Elstner, that the matter
of the Whistleblower Ordinance be tabled until
September 7, 1999. Motion declared failed. Aldermen
Beauvais, Sayad, Brookman, Becker and Arredia voted
no.
City Attorney Wiltse reviewed his memo of July 19,
1999, which included the results of a survey of the
communities identified as having adopted a
Whistleblower' s Ordinance; none of these communities
have had any claims filed.
Alderman Arredia stated
Ordinance is disturbing;
Act.
that the term Whistleblower
it's really the False Claims
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that he agrees that
this will be an insurance policy; there should be
strict punishment against superiors who reprise
against employees; if there is not punishment, there
is no use having the ordinance.
Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the
Committee of the Whole stating that it has been a year
since his group petitioned the City for the False
Claims Act; our government must be open for it to
thrive and prosper; we need this; it is a basic
freedom to blow the whistle against someone who has
done wrong.
Moved by Arredia, seconded by Sayad, to recommend to
the City Council to accept the False Claims Act and
City Attorney be authorized to draft necessary
ordinance. Motion declared carried. Alderman
Christiansen voted no.
CHANGE ORDER
#1/1999 CIP
CONTRACT B:
RECESS:
ORDINANCE
Z-7-99
VARIATION, 990
VILLA DRIVE:
ORDINANCE
M-40-99
VEHICLE
STICKER
APPLICATION
AMENDMENT:
AMENDMENT/
PARK.LEASE
701 LEE:
071
8/9/99
PAGE THREE
ENGINEERING -Alderman Elstner, Chair
Senior Civil Engineer Kaszuba reviewed his memo of
July 13, 1999, which summarizes the rehabilitation of
Ash Street, between Everett and Prospect, including
partial base removal and replacement with asphalt base
and surface.
Moved by Beauvais, seconded by Elstner, to recommend
to the City Council to approve Change Order #1 to the
1999 Capital Improvement Program -Contract "B" with
Orange Crush, LLC, 321 S. Center St., Hillside, IL
60162 (awarded by the City Council on March 15, 1999),
for repairs to Ash Street, between Everett and
Prospect in the amount of $55,365.50/General
Improvement Fund. Motion declared carried.
Moved by Arredia, seconded by Christiansen, to call
for a recess. Motion declared carried.
The Committee of the Whole recessed at 8:12 p.m.
The Committee of the Whole reconvened at 8:19 p.m.
MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
Moved by Arredia, seconded by Brookman, to adopt
Ordinance Z-7-99, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 8.1-3 E. "ACCESSORY USES AND STRUCTURES" OF
THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE
CONSTRUCTION OF A GARAGE ADDITION AT 990 WEST VILLA
DRIVE. Upon roll call, the vote was:
AYES: 5-Beauvais, Elstner, Sayad, Brookman, Jung
NAYS: 4-Christiansen, Becker, Smith, Arredia
ABSENT: 0-None
Motion declared carried.
Moved by Elstner, seconded by Brookman, to place on
First Reading Ordinance M-40-99, AN ORDINANCE AMENDING
TITLE x, "TRAFFIC, II CHAPTER IX, "LICENSES, II SECTION 4
"VEHICLE LICENSE FEES" OF THE DES PLAINES CITY CODE TO
ADD A GRACE PERIOD TO THE SCHEDULE OF FEES. Upon roll
call, the vote was:
AYES: 5-Beauvais, Sayad, Brookman, Smith, Arredia
NAYS: 3-Christiansen, Elstner, Becker
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Arredia, to concur with
recommendation of Committee of the Whole that the City
convey property (Lots 2,3 and 5 in the Library
subdivision) and record the release of existing
easements ("Reciprocal Construction, Operation and
Easement Agreement"; "Easement Agreement") and record
the 1999 Easement Agreement) and that the City adhere
to the 1975 parking lease and agreement as amended in
1982 and 1995. Upon roll call, the vote was:
AYES: 6-Beauvais, Elstner, Sayad, Brookman,
Becker, Arredia
NAYS: 2-Christiansen, Smith
ABSENT: 0-None
Motion declared carried.
PARK AGREE.
(Cont'd. )
ADULT USE
ORDINANCE:
WHISTLEBLOWER
ORDINANCE:
CHANGE ORDER
#1/1999 CIP
CONTRACT B:
SOUND PROOFING
PROGRAM:
SEE R-59-99
AND R-60-99
072
8/9/99
PAGE FOUR
Moved by Beauvais, seconded by Brookman, to concur
with recommendation of Committee of the Whole that
that Staff provide and include modifications to the
legal description of the parking deck property and
that the City be authorized to further renegotiate
lease on the issues of the security camera, Saturday
morning parking, insurance issues and similar matters.
Upon roll call, the vote was:
AYES: 6-Beauvais, Elstner, Sayad, Brookman,
Becker, Arredia
NAYS: 2-Christiansen, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Smith, that the matter
of the Adult Use Ordinance be tabled until September
7, 1999. Motion declared carried.
Moved by Beauvais, seconded by Arredia, to concur with
recommendation of Committee of the Whole to accept the
False Claims Act and City Attorney be authorized to
draft necessary ordinance. Motion declared carried.
Alderman Christiansen voted no. (Further action on
this matter under Unfinished Business on September 7,
1999.)
Moved by Elstner, seconded by Smith, to concur with
recommendation of Committee of the Whole to approve
Change Order #1 to the 1999 Capital Improvement
Program -Contract "B" with Orange Crush, LLC, 321 S.
Center St., Hillside, IL 60162 (awarded by the City
Council on March 15, 1999), for repairs to Ash Street,
between Everett and Prospect in the amount of
$55,365.50/General Improvement Fund. Motion declared
carried.
Moved by Beauvais, seconded by Elstner, to approve the
City's participation as a sponsor in the Federal
Aviation Administration's Sound Proofing Program for
Our Lady of Destiny School -South Campus, 1880 Ash
Street, in an amount not-to-exceed $2,120,000, all of
which are Federal funds; the architectural firm of
newmanArchitecture, 1710 E. Ogden Avenue, Suite 500,
Naperville, IL 60563, will supervise the project and
account for the expenditure of the Federal funds; the
City and Illinois Department of Transportation (IDOT)
will serve as a conduit for these funds as Federal
grant money cannot go directly to a parochial school;
and further that this action was required on an
expedited basis due to the lapse of Federal funds on
Friday, August 6, 1999. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Arredia
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
CALUMET CITY
REVENUE
SHARING
AGREEMENT:
ADJOURNMENT:
073
8/9/99
PAGE FIVE
Moved by Jung, seconded by Becker, that the City
support Calumet City's attempt to gain a gaming
license and participate in their gaming revenue
sharing program if, and when, they receive a license;
all revenue received to be used for social services;
and on the next available election date a referendum
be placed on the ballot, "Shall the City of Des
Plaines accept revenue from Calumet City casino for
the purpose of social services?" Motion declared
carried. Aldermen Smith and Arredia voted no.
Moved by Sayad, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 8:56 p.m.
<; Donna McAllister -CITY CLERK ~
CLERK
APPROVED BY ME THIS
1999