11-06-2000136
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS 1 DES PLAINES CIVIC CENTER, MONDAY 1 NOVEMBER 6, 2000
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines, Illinois, was called to order by Acting Mayor
Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, November 6, 2000.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Sayad, Becker, Smith, Petersen. Aldermen
Christiansen, Elstner and Brookman were absent. Alderman
Elstner arrived in Executive Session at 6:32 p.m.
Alderman Brookman arrived in Executive Session at 6:33
p.m.
Also present were: City Manager Douthwaite, Assistant to the City
Manager Bajor, Director of Finance Egeberg, Police Chief Ryan, Fire Chief
Farinella, Director of Public Works Killian, Director of Engineering
Oakley, Director of Community Development D'Onofrio, Director of Human
Resources & Services Merriman, Assistant City Attorney Bartel and City
Attorney Wiltse.
EXECUTIVE
SESSION:
PENDING
LITIGATION/
DES PLAINES
FIRE COMM.
OFF. ASSOC.:
PRAYER AND
PLEDGE:
RECOGNITION:
PRESENTATION:
Moved by Smith, seconded by Petersen, to go
Executive Session to discuss pending litigation.
roll call, the vote:
AYES: 5-Beauvais, Sayad, Becker, Smith, Petersen
NAYS: 0-None
ABSENT: 3-Christiansen, Elstner, Brookman
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:10 p.m.
into
Upon
Roll call
Beauvais,
Petersen.
indicated the following aldermen present:
Elstner, Sayad, Brookman, Becker, Smith,
Moved by Beauvais, seconded by Sayad, to concur with
consensus in Executive Session to proceed as directed
regarding pending litigation, Des Plaines Fire Command
Officers Association. Motion declared carried.
The opening prayer was given by Pastor Tim Roames, Good
News Christian Center, followed by the Pledge of
Allegiance to the Flag.
Acting Mayor Arredia introduced Joy Matthiessen, Director
of the Des Plaines Historical Museum, and recognized her
recent award for Professional of the Year from the
Illinois Association of Museums.
Acting Mayor Arredia introduced Rhonda Popko and
presented her with the Studs Terkel Humanities Service
Award, given to Illinois residents who actively advocate
and use the humanities in ways that enrich their
community.
Acting Mayor Arredia presented Steve Schaefer,
representing VFW Post #2992, with a proclamation
regarding Veterans Day and urged all residents to attend
their ceremony at Lake Opeka on Saturday, November 11,
2000, at 10:30 a.m.
PRESENTATION
(Cont'd.)
CITIZEN
PARTICIPA.:
PROPOSED
TIF #4/
PRELIMINARY
AGREEMENT:
137
11/6/00
PAGE TWO
Acting Mayor Arredia presented a Certificate of
Appreciation to Mr. Bill Hensch, a Fire Department
employee, who had been nominated for a "Be Nice" award.
Mr. Dick Reddington, 546 S. Sixth Avenue, addressed the
City Council stating that he supports new sidewalks in
all Wards; we should be working on sidewalks and not on
the streets; put in sidewalks for everyone; stop giving
money to developers.
A former City employee, who lives in Park Ridge,
addressed the City Council stating that he misses working
for the City; he really loved his job; he didn't get his
full pension when he left five (5) years ago; he wished
he had gotten a lawyer.
Mr. Jim Palm, 1679 Webster Lane, addressed the City
Council and thanked the Engineering Department,
especially Senior Civil Engineer Larry Kaszuba, for the
work done on his street; everyone was very responsive and
professional, but please watch the traffic.
Ms. Tina Bohlmann, 1893 Webster Lane, addressed the City
Council stating that she wishes to correct the facts
about pedestrian traffic in the Fifth Ward; she was hit
by a car; she would hope that everyone would be
responsible and work together to make the whole City
safe.
A resident at 1718 Webster Lane addressed the City
Council stating that she never had a bike because there
was not sidewalk on her street; now I can ride a bike but
she has to ride on the street; last summer she was hit
by a car; she is here speaking for the children; put in
sidewalks.
A resident at 1718 Webster Lane addressed the City
Council stating that she has seen many accidents on
Webster Lane over the years; she thanked Alderman
Brookman for her sidewalk, but Webster Lane is still a
drag strip.
A resident at 2253 Webster Lane addressed the City
Council stating that she lives between Touhy Avenue and
Jarvis Avenue; they have been requesting sidewalks on
their street for years; she was told that this was a
political issue; the Police Department should monitor the
speed on her block; this is a very serious issue.
A resident at 2264 Webster Lane addressed the City
Council stating that she has lived here 19 years; drivers
on her street are very aggressive; they have 20 to 45
children in the area who can't ride their bikes or play
because the streets are not safe; why can't we just add
the sidewalks now.
A resident at 2332 Webster Lane addressed the City
Council stating that they have brought up new sidewalks
in their neighborhood in the past; Webster Lane is
already torn up--how much more would it cost to put in
the sidewalks now?
A resident at 2280 Webster Lane addressed the City
Council stating that she knows the aldermen want new
alleys, but don't fix the alleys, do the sidewalks.
Moved by Beauvais, seconded by Elstner, to TABLE until
December 4, 2000, the matter of the preliminary agreement
for the proposed TIF #4, scheduled to be discussed in
Committee of the Whole on November 20, 2000. Motion
declared carried.
SIDEWALKS/
YEAR 2001
CAPITAL
IMPROVEMENT
PROGRAM:
BID REVIEW/
GARLAND
PLACE CUL-
DE-SAC:
CONSENT
AGENDA:
MINUTES/
10/16/00:
PAGE THREE
138
11/6/00
Alderman Brookman stated that she could reconsider the
vote that was taken on October 16, 2000; she agrees with
Alderman Beauvais that there should be discussion on an
accelerated sidewalk program at the Budget Hearings ; she
was asking for an additional $50,000 for work to be moved
from 2002 to 2001; she believes that once a hazard is
recognized, it should be handled immediately; our CIP is
based on need not on eight (8) equal parts by Wards; we
vote on behalf of the best interest of the City
collectively; she thinks sidewalks are essential for
safety; she has been working to bring safe sidewalks
since she was elected; she has said that Webster Lane is
a significant safety hazard.
Moved by Elstner, seconded by Becker, to TABLE until the
Budget Hearing on November 15, 2000, the matter of the
bid review for the Garland Place Cul-De-Sac, scheduled
to be discussed in Committee of the Whole later this
evening.
Alderman Becker requested that Item 1 be removed from the
Consent Agenda and Alderman Elstner requested that Items
7 and 7a be removed.
Moved by Becker, seconded by Smith, to establish a
Consent Agenda except for Items 1, 7 and 7a. Motion
declared carried.
Moved by Sayad, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Elstner, Sayad, Brookman,
Becker, Smith, Petersen
NAYS: 0-None
ABSENT: 1-Christiansen
Motion declared carried.
Minutes were approved; Staff recommendations and requests
were approved; Ordinances M-58-00 and Z-26-00 were
adopted; Ordinances M-59-00, M-60-00, M-61-00 and T-8-0 0
were placed on First Reading; and Resolutions R-73-00 and
R-74-00 were adopted.
Moved by Becker, seconded by Brookman, to amend minutes
of the regular meeting of the City Council held October
16, 2 000, as follows: Page Nine, under Additional
Sidewalk Replacement, Paragraph Eight, Line Eight and
Nine, delete "for approximately 2,100 squares" and add
"of $4. 75 a square foot .. "; and Page Eleven, under
Additional Sidewalk Replacement, Paragraph One, Line
Nine, delete "for approximately 2,100 squares" and add
"of $4.75 a square foot ... " Motion declared carried.
Alderman Sayad stated that on Page Eight, under Warrant
Register, the minutes do not reflect what he said; he
asked that Voucher #22541 be removed from the Warrant
Register and held until November 6, 2000. Alderman Sayad
also stated that the minutes on Page Nine, under
Additional Sidewalk Replacement, do not reflect his
comments on this matter; he spoke for 14 minutes and
there is no mention of his having said anything; he
talked about important things; they should have been in
the minutes.
Alderman Brookman stated that in the past minutes of
meetings have not included her comments.
Moved by Sayad, seconded by Brookman, to table until
November 20, 2000, the minutes of the regular meeting of
the City Council held October 16, 2000; the City Clerk
revise the minutes to more accurately reflect the
comments made by Alderman Sayad. Motion declared
carried. Alderman Smith voted no.
MINUTES/
EXEC. SESS.:
Consent
Agenda
DECREASE
VAR. LIQ.
LIC. CLASS.:
Consent
Agenda
Ordinance
M-59-00
LIC. AGREE./
90 w.
BRADLEY ST. :
Consent
Agenda
Ordinance
M-60-00
LIC. AGREE./
940 TIMOTHY:
Consent
Agenda
Ordinance
M-61-00
PARKING
RESTRICTION/
BROWN &
WASHINGTON:
Consent
Agenda
Ordinance
T-8-00
139
11/6/00
PAGE FOUR
Moved by Sayad, seconded by Beauvais, to approve minutes
of the Executive Session of the City Council held October
16, 2000. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to amend Title V, Chapter 34
"Intoxicating Liquors," Section 5-34-18, of the City
Code, to decrease the total number of Class A Liquor
Licenses by one to reflect the non-renewal of Lourdes
Indian and Asian Restaurant, 1177 S. Elmhurst Road,; to
decrease the total number of Class B Liquor Licenses by
one to reflect the non-passage of Ordinance M-34-00 for
Grandma's Deli, 965-967 S. Elmhurst Road; decrease the
total number of Class C Liquor Licenses by one to reflect
the non-renewal of the Des Plaines Moose Lodge, 205 s.
Des Plaines-River Road; and further recommend to place
on First Reading Ordinance M-59-00, AN ORDINANCE AMENDING
SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE
OF DES PLAINES, TO DECREASE THE TOTAL NUMBER OF CLASS "A"
LICENSES BY ONE TO REFLECT THE NON-RENEWAL OF LOURDES
INDIAN AND ASIAN RESTAURANT, TO DECREASE THE TOTAL NUMBER
OF CLASS "B" LICENSES BY ONE TO REFLECT THE NON-PASSAGE
OF GRANDMA'S DELI ORDINANCE, AND TO DECREASE THE TOTAL
NUMBER OF CLASS "C" LICENSES BY ONE TO REFLECT THE NON-
RENEWAL OF THE DES PLAINES MOOSE LODGE. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request to permit
installation of a brick paver sidewalk (built without a
permit) that extends between the public sidewalk and the
street curb in the City-owned right-of-way adjacent to
property located at 90 W. Bradley Street; Acting Mayor
and City Clerk be authorized to execute necessary license
agreement; petitioner be required to pay a $150 permit
fee for building without a permit; and further recommend
to place on First Reading Ordinance M-60-00, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE
PUBLIC RIGHT-OF-WAY WITH OWNER ILUMINADA D. RAMOS-ALEX,
90 W. BRADLEY STREET, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request to permit
installation of an underground sprinkler system in City-
owned right-of-way adjacent to property located at 940
Timothy Lane; Acting Mayor and City Clerk be authorized
to execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-61-00,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH RAY PRESZEK, PROPERTY OWNER, FOR
THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM
IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 940 TIMOTHY LANE,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to permit parking along both sides
of Brown Street and Washington Street between Western
Avenue and Graceland Avenue, by amending Title X, Chapter
5, Section 17 "Parking Prohibited in Designated
Places," of the City Code as follows: delete Brown Street
from Western Avenue, east 60', North side of street;
delete Brown Street from Graceland Avenue to Laurel
Avenue, South side of street; delete Washington Street
from Graceland Avenue to Western Avenue, South side of
street; and further recommend to place on First Reading
Ordinance T-8-00, AN ORDINANCE AMENDING TITLE X, CHAPTER
5, SECTION 17, "PARKING PROHIBITED IN DESIGNATED PLACES"
OF THE CITY OF DES PLAINES CITY CODE. Motion declared
carried as approved unanimously under Consent Agenda~
ZONING CASE
00-56-V
VARIATION/
767 FIRST:
AGREEMENT/
COOK CTY.
ASSESSOR
USE OF AIR
PHOTOS:
Consent
Agenda
Resolution
R-73-00
CDBG PUBLIC
SERVICE
CONTRACTS/
YEAR 2000-
2001:
Consent
Agenda
Resolution
R-74-00
PURCHASE/
POLICE
SPEEDBOARD:
Consent
Agenda
PRINTING OF
YEAR 2001
CALENDAR:
Consent
Agenda
PURCHASE OF
LIQ. CALCIUM
CHLORIDE:
Consent
Agenda
140
11/6/00
PAGE FIVE
Moved by Elstner, seconded by Becker, to TABLE the
recommendation of the Des Plaines Zoning Board of
Appeals, re Zoning Case 00-56-V, to grant request for
Variation that no interior landscaping in parking lot be
required, allow a 3.5' landscape buffer instead of the
required 7'; and allow eight (8) parking spaces instead
of the required eleven (11), in M-1 Limited Manufacturing
District on property located at 767 First Avenue; and
Ordinance Z-27-00. Motion declared carried.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that Acting Mayor and City Clerk be
authorized to execute Inter-Agency Agreement with Cook
County Assessor James M. Houlihan to permit the City to
use the County's digital orthophotograph of real estate
in Cook County contingent upon the City only using the
air photos for City business; and further recommend to
adopt Resolution R-73-00, A RESOLUTION AUTHORIZING THE
EXECUTION OF AN INTER-AGENCY AGREEMENT BETWEEN THE CITY
OF DES PLAINES AND THE COOK COUNTY ASSESSOR'S OFFICE TO
OBTAIN AERIAL PHOTOGRAPHY OF THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award Community Development Block
Grant (CDBG) funded public service contracts for Year
2000-2001, as follows (budget for these funds was
approved on August 21, 2000):
Child Care Subsidy Program
Emergency Shelter Assistance
Shared Housing
Employment Service
Transitional Hous./Counsel.
-CEDA Northwest -$14,150
-Provided by City -$400
-Cen. of Concern -$8,750
-CEDA Northwest -$10,750
-1) Women In Need Growing
Stronger (W.I.N.G.S.)
$10,600
-2) CEDANorthwest-$2,000
Fair Housing Counseling -CEDANorthwest -$6,000;
and further recommend to adopt Resolution R-74-00, A
RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS
BETWEEN THE CITY OF DES PLAINES AND VARIOUS NOT-FOR-
PROFIT AGENCIES FOR THEIR ASSISTANCE IN ADMINISTERING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE CITY
OF DES PLAINES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that it would be in the best
interest of the City to accept proposal from Kustom
Signals, Inc., 9325 Pflumm, Lenexa, KS 66215, for the
purchase of one (1) SMART Speedboard, in the total amount
of $10,840/Year 2000 Budget; and usual bid procedures be
waived because Kustom Signals is the sole producer of
this product. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that it would be in the best
interest of the City to accept proposal from Creekside
Printings, 1175 Davis Road, Elgin, IL 60123, for printing
and mail preparation of Year 2001 Calendar, that will
include the Keep Des Plaines Beautiful Curbside Handbook,
in an amount not to exceed $10,393.74/Year 2000 General
Fund; and usual bid procedures be waived. Motion
declared carried.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept low bid for joint purchase
through Northwest Municipal Conference of Liquid Calcium
Chloride from Sicalco, Ltd., 5240 W. 123rd Place, Alsip,
IL 60803, for the City's requested quantity of 13,200
gallons, delivered and premixed, for a total cost of
LIQ. CALCIUM
(Cont'd.)
BID AWARD/
WEBFORD AVE.
PARK. LOT
RECONSTRUC.:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-58-00
LIC. AGREE./
722 MEADOW:
Consent
Agenda
ORDINANCE
Z-26-00
CONDIT. USE/
1011 TOUHY:
Consent
Agenda
APPOINTMENT:
WARRANT
REGISTER:
141
11/6/00
PAGE SIX
$4,251.80, and City Clerk be authorized to execute IDOT
Form BLR 6103 to authorize expenditures of this amount
from MFT Section 00-00000-00 GM. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award bid for Webford Avenue
Commuter Parking Lot Reconstruction to the single bidder ,
Alliance Contractors, Inc., 1166 Lake Avenue, Woodstock ,
IL 60098, in the total amount of $93,252.10/Parking Fund.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for One (1) Low Ground Pressure Dump
Truck, One (1) Compact Excavator and One (1) Equipment
Trailer, returnable by 3:00 p.m., Tuesday, November 21,
2000. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
M-58-00, AN ORDINANCE AUTHORIZING THE EXECUTION OF A
RIGHT-OF-WAY LICENSE AGREEMENT WITH WILLIAM C. VAIL ,
HOMEOWNER, FOR THE INSTALLATION OF A BRICK MAILBOX IN THE
CITY-OWNED PARKWAY IN FRONT OF 722 MEADOW DRIVE IN DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
Z-26-00, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
TO ALLOW THE MOUNTING OF A COMMERCIAL MOBILE RADIO
SERVICE FACILITY, UNDER SECTION 8. 3 "ANTENNAE REGULATION"
OF THE DES PLAINES ZONING ORDINANCE, AT 1011 E. TOUHY
AVENUE, DES PLAINES, ILLINOIS (CASE 00-48-CU). Motion
declared carried as approved unanimously under Consent
Agenda.
Presented for consideration (no action required) was
Mayoral appointment of Francis s. Muthu (completing Betsy
Mousel's term) to the HUMAN SERVICES COMMISSION (final
action on this matter under Consent Agenda on November
20, 2000).
ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Brookman, Chair
Alderman Brookman stated that Voucher #22541 in the
amount of $1,700 was removed from the Warrant Register
on October 16, 2000, for more clarification; she spoke
in support of paying this voucher as the fair thing to
do; this sewer work was done after committee approval and
first reading of the ordinance, but before final passage
of the ordinance; the intent of the City Council was
clear that expenses like this would be covered by the
City; there was discussion in committee that this would
be retroactive but it would be discussed at a later time ;
the only reason for not paying this bill is just a
technicality that the ordinance had not gone through
second reading; this is a policy call for the City
Council; the City would not be acting in good faith if
it did not pay this bill.
Alderman Sayad stated that he was the one who removed
this item from the October 16, 2000 Warrant Register and
requested that it be placed on the November 6, 2000
Warrant Register; he doesn't believe that this item can
WARRANT
(Cont'd.)
PAGE SEVEN
142
11/6/00
be removed without the approval of the aldermen; does the
City Manager have the authority to pull an item off the
Warrant Register when the aldermen have voted that it
should be on? City Attorney Wiltse said yes, under the
City's administrative procedure, especially since there
was not retroactive authority; it would not be proper to
pay it.
Alderman Sayad stated that he is in favor of paying this
bill; Aldermen Petersen and Smith have gotten
reimbursements for their residents; here is a citizen
that had work done and everyone agreed that the money
should be reimbursed.
Alderman Becker stated that he believes it was an 8 to
o vote that retroactivity would be addressed during the
Budget Hearings; he is not against paying this bill but
he would like to have the procedure clarified.
Alderman Petersen stated that it was her understanding
that this would be discussed at budget time.
Moved by Sayad, seconded by Brookman, to recommend to the
City Council approval of November 6, 2000 -Warrant
Register, in the amount of $3,876,390.20 (which includes
Voucher #920415 in the amount of $1,700); and further
recommend that Resolution R-75-00 be adopted at the
appropriate time this evening.
Alderman Smith stated that he clearly remembers
discussing this at some meeting that we have to be
certain as to when this would take effect because we
didn't want there to be any misunderstanding to those in
the audience or watching on television; we all agreed
that this would not take effect until it had passed on
second reading; we should talk about this at a later
time.
Alderman Sayad stated that he remembers that too, but
this is an unique situation; we are talking about one (1)
individual; this person did everything properly and the
Staff agreed that this bill should be paid; we should
show some kindness; everything was done legally.
Alderman Petersen stated that she is not against paying
this person; we can pay it at a later date.
Mrs. Kimberly Rozak, 2243 S. Wolf Road, addressed the
Committee of the Whole stating that she does mind waiting
for her check; she went through the proper channels; the
plumbing inspector came to my home twice and approved
this; she gave everything to the Engineering Department
that was requested; it would be unfair for her to wait
two (2) or three (3) weeks.
Alderman Beauvais asked how this bill could be paid if
the ordinance wasn't passed. City Attorney Wiltse stated
the City Council can make that a policy call. City
Manager Douthwaite stated that if additional requests are
received, they will be denied until the City Council
decides on retroactivity.
Alderman Brookman stated that the City Council could pass
this tonight and then address the larger issue at budget
time.
Alderman Smith stated that we should stick to what the
City Council agreed to.
Alderman Brookman stated that the City has made
exceptions in other Wards.
WARRANT
(Cont'd.)
YEAR 2000
TAX LEVY
DETERMINA. :
ZONING CASE
00-54-FP
FLOODPLAIN
VARIATION/
526 LYMAN:
PAGE EIGHT
Alderman Sayad's motion was declared failed.
Elstner, Becker, Smith and Petersen voted no.
Beauvais, Sayad and Brookman voted yes.
143
11/6/00
Aldermen
Aldermen
Moved by Sayad, seconded by Smith, to recommend to the
City Council approval of November 6, 2000 -Warrant
Register in the amount of $3,874,690.20 (which does not
include Voucher #920415 in the amount of $1,700); and
further recommend that Resolution R-75-00 be adopted -
AS AMENDED, at the appropriate time this evening. Motion
declared carried.
Director of Finance Egeberg reviewed his memo of October
12, 2000, which stated that Cook County law requires the
City to estimate the amount of the property tax levy at
least 30 days before the passage of a property tax levy
ordinance and announce it at a City Council meeting .
Moved by Beauvais, seconded by Smith, to concur with
Staff recommendation and recommend to the City Council
that pursuant to the Cook County Truth In Taxation Act,
Public Act 91-523, the City determines that the Year 2000
Aggregate Tax Levy shall be $14,688,724, excluding
General Obligation Bond Debt Service; and further
recommend to adopt Resolution R-76-00 at the appropriate
time this evening. Motion declared carried.
ENGINEERING Alderman Elstner, Chair
Director of Community Development D'Onofrio reviewed his
memo of October 2, 2000, regarding request for Variation
to the Flood Plain Development Guidelines to permit
reconstruction of a single family home in f loodway that
will exceed the cost of 50% of the market value of the
building prior to its being damaged; the Des Plaines Plan
Commission and Staff recommend that the Variation not be
granted and the building be demolished after ten (10)
years of neglect.
Alderman Sayad asked when the Building Department became
aware of the condition of this property in this span of
ten ( 10) years. Director D' Onofrio stated that their
involvement goes back a number of years for exterior
violations, which they would repair; it wasn't until late
last year that they became aware of the extent of the
deterioration.
Alderman Brookman stated that in reading the Staff report
it appears that the only asset this 81-year old woman has
is this house, so she is in favor of granting this
Variation; this woman had lived there many years; we
should not be taking this away from her; this would have
no impact on flooding; her neighbors pave no problem with
this request.
Mr. Dan Dowd, attorney for the petitioner, Mrs. Irene
Homins, introduced Mrs. Homins' daughter, Gloria
Johanason, who is requesting permission to take the
building down to the foundation and rebuild on the
existing footprint; we understand the City has a strong
interest in enforcing its housing maintenance code; they
have been trying to negotiate a compromise with the City
and with the Court; the petitioner would be willing to
pay a $2,500 fine to reimburse the City for its cost in
pursuing this matter.
Alderman Elstner asked if there was a purchase contract
pending on this house. Attorney Dowd stated that there
has been interest but nothing firm, but if the Variation
is granted, he feel sure the property would sell quickly.
526 LYMAN
(Cont'd.)
PRESENTATION/
RIVERVIEW
RELIEF
COMBINED
SEWER PROJ. :
144
11/6/00
PAGE NINE
Alderman Beauvais stated that this house has caused a lot
of problems on that street; it took a Court order to get
someone in the family to do something about this; she
thinks the petitioner owes the entire neighborhood an
apology; it is very sad.
Mrs. Johanason stated that she has apologies on behalf
of her mother; she is going to be 82 in January and she
may have not responded out of fear; she did not want to
appear incompetent.
Moved by Brookman, seconded by Sayad, to recommend to the
City Council to grant request for Variation to the Flood
Plain Development Guidelines to permit reconstruction of
a single family home in f loodway that will exceed the
cost of 50% of the market value of the building prior to
its being damaged in R-1 Single Family Residential
District, on property located at 526 Lyman Avenue, not
impose a fine of $2,500 to reimburse the City for its
cost in pursing this matter; and further recommend that
City Attorney be authorized to draft necessary ordinance.
Motion declared failed. Aldermen Beauvais, Elstner,
Becker, Smith and Petersen voted no.
Alderman Brookman stated that the character of a City is
not measured by how they treat the rich and strong, but
how they treat the sick and those in need; this is an 81-
year old woman who is only guilty of getting old, getting
sick; this is her only asset in the world; this City
Council has voted to give millions of dollars away to
developers, but you won't allow this woman to keep 100%
of the only asset she has; she thinks this fee should be
waived; this is an embarrassment.
Moved by Elstner, seconded by Beauvais, to recommend to
the City Council, re Zoning Case 00-54-FP, to grant
request for Variation to the Flood Plain Development
Guidelines to permit reconstruction of a single family
home in floodway that will exceed the cost of 50% of the
market value of the building prior to its being damaged
in R-1 Single Family Residential District, on property
located at 526 Lyman Avenue, contingent upon petitioner
paying a $2,500 fine to reimburse the City for its cost
in pursing this matter; and further recommend that City
Attorney be authorized to draft necessary ordinance.
Motion declared carried. Aldermen Sayad and Brookman
voted no.
Director of Engineering Oakley reviewed his memo of
October 27, 2000, and introduced representatives from
Harza Engineering Company, 233 S. Wacker Drive, Chicago,
IL 60606, who are the engineers on the Riverview Relief
Combined Sewer Project; the City Council had requested
that Harza Engineering Company attend a meeting and
discuss their two (2) recent change orders; the total
contract to date is $5,185,036.70.
Mr. John Velon, Dan Gallagher, and Mike Teske, were
present to discuss this matter with exhibits.
Alderman Becker stated that he didn't really have a
problem with the first change order; he did have a real
problem with the slide gate which was required by the
Metropolitan Water Reclamation District in order for the
City to get their permit; shouldn't we have checked with
the MWRD to see what they would be requiring?.
Mr. Dan Gallagher stated that they had numerous
conversation with the MWRD dating back to 1992 when they
were doing the preliminary work at which time this was
discussed; when we went to final design we looked at
various alternatives and we agreed (Harza and Staff) that
the hydraulic slide gate was preferable.
RIVERVIEW
(Cont'd.)
RETENTION
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Alderman Becker stated that when the City is paying
someone in excess of $200,000 to put a package together,
they should put a total package together and find out
exactly what is needed so we don't get these change
orders.
Mr. John Velon stated Harza has done more work with the
MWRD than any other consulting firm in the Chicago area
and they have a very good relationship with them; there
was certainly a possibility that a gate would not be
required, but the MWRD decided that they needed a gate.
Alderman Becker questioned the curb and gutter work that
was done on Chestnut Street. Director Oakley stated that
originally they were only going to do spot replacement
of the curb and gutter, but in order to get everything
in alignment, they did a complete replacement at an
approximately cost of $1,600; there were other credits
on line items that didn't need to be done.
Alderman Elstner thanked the representatives from Harza
Engineering Company for their presentation.
LEGAL & LICENSING Alderman Beauvais, Chair
City Manager Douthwaite reviewed his memo of October 30,
2000, regarding whether it would be in the City's best
interest to retain the services of a lobbying firm for
the next session of the General Assembly in Springfield;
he is not convinced that the City would get a return on
its investment; we won't know until the firm is on board;
he is recommending the firm of Altheimer and Gray, who
have offices in both Chicago and Springfield.
Alderman Brookman stated that the City Council should
hear a presentation by the various firms; we will then
have an opportunity to get an idea of what we can expect
from their service. City Manager Douthwaite stated that
he could arrange that; there is time before the next
session.
Alderman Brookman asked how many other communities have
lobbyists. City Manager Douthwaite said not very many;
Rosemont, Naperville and some communities use them on a
one-time basis; they are hired on a straight retainer
basis; he does not know what results these communities
have received.
Alderman Brookman stated that we need to meet with the
two (2) firms; it allows us to make an informed decision;
how would we measure the results? City Manager
Douthwaite stated that both firms told him that it would
be very difficult, but he thinks they could be measured
at the end of the year by how many grants did they get
for the City, also by how many lobbyists each firm has
and their contacts.
Alderman Elstner stated that we need to know what a
lobbyist can do for us and what they can't do for us; we
need to meet with them.
Alderman Smith stated that we need to sit down and talk
to these lobbyists; he is not convinced that we need a
lobbyist, but maybe they could help us with grant money .
Alderman Beauvais stated that the City will need money
for the accelerated sidewalk and alley program; the money
will have to come from somewhere; she would like to try
this; we don't want to raise taxes, so this may be an
excellent way to do this.
LOBBYIST
(Cont'd.)
RESIDENCY/
DEPARTMENT
HEADS:
TABLED
9/18/00
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11/6/00
PAGE ELEVEN
Alderman Sayad stated that he knows that our local
legislators are helping us, but we need to have people
who know where the money is; a lobbyist is a plus ; thi s
is a one (1) year project; we don't have the expertis e
to get this money; this will generate funds for us ; this
is a great step forward for our City.
Alderman Becker stated that we do rely on our local
legislators but they represent other communities, too;
Senator Sullivan indicated to us that this would be a
good move for Des Plaines.
Moved by Brookman, seconded by Elstner, to recommend to
the City Council that firms of Altheimre & Gray, 10 s .
Wacker Drive, Chicago, IL 60606, and All-Circo, Inc., 111
W. Washington Street, Suite 1920, Chicago, IL 60602, make
a presentation before the City Council as to what
lobbyist services they could provide the City.
Acting Mayor Arredia stated that Senator Sullivan said
that it never hurts to have someone else looking for
grant money; he doubts very much that the City will lose
its money; we will get our money back ; he thinks these
firms should come in and make a presentation.
Motion declared carried on Alderman Brookman's motion .
ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION
Moved by Smith, seconded by Petersen, to concur with
recommendation of Committee of the Whole held August 29,
2000, that a referendum not be placed on the November 7 ,
2000 General Election Ballot regarding residency for
department heads.
Alderman Brookman stated that it should be noted that she
brought up the matter of residency for department heads
at the July 17, 2000 City Council meeting and asked that
Staff be directed to draft language for a possibl e
referendum to be placed on the November 7, 2000 election
ballot, asking the question should residency be required
for department heads; the residency resolution failed in
Committee of the Whole on August 29, 2000; the
recommendation was placed on the September 18, 2000
agenda instead of the September 4, 2000 agenda, which was
beyond the deadline to get the referendum on the ballot;
this, in affect, killed the request for a referendum,
which would have allowed the residents of Des Plaines to
decide this question; this referendum was resident-
driven; we ignored the residents.
Moved by Brookman, seconded by the Sayad, to adopt a
substitute motion to place on the April 3, 2001
Consolidated Election Ballot the question should future
department heads be required to live in Des Plaines.
Alderman Beauvais stated that she does not have a problem
with putting residency on the ballot, but she would like
to see the exact wording.
Moved by Brookman, seconded by Sayad, to suspend the
rules to permit public input on this matter . Motion
declared carried. Aldermen Smith and Petersen voted no.
Ms. Laura Murphy, 538 Prairie Avenue, addressed the City
Council stating that this matter has been discussed
before; residents are concerned about residency for
department heads; the City Council has the ability to
control the wording on the referendum rather than others
controlling the wording.
REFERENDUM
(Cont / d.)
WARRANT
REGISTER:
Resolution
R-75-00
YEAR 2000
TAX LEVY
DETERMINA.:
Resolution
R-76-00
ZONING CASE
00-54-FP
FLOODPLAIN
VARIATION/
526 LYMAN:
RETENTION
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PAGE TWELVE
Mr. Richard Ahlman, 314 Columbia Avenue, addressed the
City Council stating that he thinks this is an important
issue, but he doesn 1 t think it is necessary for
department heads to live within the City; when he goes
for a job, he is hired on his qualifications, not where
he lives; it is in the best interest of the City to get
the best people out there; he thinks this would do the
City a disservice; it is in the best interest of the City
to hire people based on their qualifications and not on
their residency.
Alderman Beauvais stated that she wants to place this on
a referendum, but she does not agree with the verbiage .
Motion declared failed on Alderman Brookman1 s motion,
Alderman Sayad, Brookman and Becker voted yes.
Motion declared failed on the original motion. Aldermen
Elstner, Smith and Petersen voted yes.
Moved by Brookman, seconded by Sayad, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-75-00, 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:
$3,874,690.20 (which does not include Voucher #920415 in
the amount of $1,700). Upon roll call, the vote was:
AYES: 7-Beauvais, Elstner, Sayad, Brookman,
Becker, Smith, Petersen
NAYS: 0-None
ABSENT: 1-Christiansen
Motion declared carried.
Moved by Brookman, seconded by Sayad, to concur with
recommendation of Committee of the Whole that pursuant
to the Cook County Truth In Taxation Act, Public Act 91-
523, the City determines that the Year 2000 Aggregate Tax
Levy shall be $14,688,724, excluding General Obligation
Bond Debt Service; and adopt Resolution R-76-00, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES
TO DETERMINE THE AGGREGATE AMOUNT OF THE 2000 PROPERTY
TAX LEVY. Upon roll call, the vote was:
AYES: 7-Beauvais, Elstner, Sayad, Brookman,
Becker, Smith, Petersen
NAYS: 0-None
ABSENT: 1-Christiansen
Motion declared carried.
Moved by Elstner, seconded by Smith, to concur with
recommendation of Committee of the Whole, re Zoning Case
00-54-FP, to grant request for Variation to the Flood
Plain Development Guidelines to permit reconstruction of
a single family home in f loodway that will exceed the
cost of 50% of the market value of the building prior to
its being damaged in R-1 single Family Residential
District, on property located at 526 Lyman Avenue,
contingent upon petitioner paying a $2,500 fine to
reimburse the City for its cost in pursuing this matter;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried. Alderman Sayad and
Brookman voted no. (further action on this matter under
Unfinished Business on November 20, 2000)
Moved by Beauvais, seconded by Brookman, to concur with
recommendation of Committee of the Whole that the firms
of Altheimer & Gray, 10 S. Wacker Drive, Chicago, IL
60606, and All-Circo, Inc., 111 W. Washington Street,
Suite 1920, Chicago, IL 60602, make a presentation before
the City Council as to what lobbyist service they could
provide the City. Motion declared carried.
ORDINANCE
T-8-00
PARKING
RESTRIC./
BROWN &:
WASHINGTON:
ADJOURNMENT:
DAY OF
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11/6/00
PAGE THIRTEEN
Moved by Beauvais, seconded by Elstner, to advance to
Second Reading and adopt Ordinance T-8-00, AN ORDINANCE
AMENDING TITLE X, CHAPTER 5, SECTION 17, "PARKING
PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES
PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 7-Beauvais, Elstner, Sayad, Brookman,
Becker, Smith, Petersen
NAYS: 0-None
ABSENT: 1-Christiansen
Motion declared carried.
Moved by Sayad, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:25 p.m.
Donna McAllister, CMC/AAE -CITY CLERK
2000
MAYOR