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12-18-2000173 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 DECEMBER 18, 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 6:34 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 18, 2000. ROLL CALL: Roll call indicated the following aldermen Christiansen, Elstner, Sayad, Becker, Smith, Aldermen Beauvais and Brookman were absent . Brookman arrived in Executive Session at Alderman Beauvais arrived at 7:10 p.m. present: Petersen. Alderman 6:55 p.m. Also present were: City Manager Douthwaite, Assistant City Manager-EDC Schneider, Assistant to the City Manager Baj or, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Public Works Killian, Director of Engineering Oakley, Building Official Molinari, Development Specialist Hogensen, Community Development Coordinator Broder, Assistant City Attorney Bartel, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: Moved by Sayad, seconded by Becker, to go into Executive Session to discuss pending litigation. Upon roll call, the vote was: AYES: 6-Christiansen, Elstner, Sayad, Becker, Smith, Petersen NAYS: 0-None ABSENT: 2-Beauvais, Brookman Motion declared carried. The City Council recessed at 6:35 p.m. The City Council reconvened at 7:06 p.m. Roll call indicated the following aldermen present: Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen. The opening prayer was given by Reverend Charles Reid, Bethesda Worship Center, followed by the Pledge of Allegiance to the Flag. Acting Mayor Arredia presented plaques of appreciation to the many schools and businesses that helped make the holiday lighting ceremony on December 1, 2000, such a success. Plaques were presented to Grazie! Ristorante and Banquet, Oliveti's, Sysco Food Service, YMCA Indian Guides, Algonquin Middle School, Brentwood Elementary School, Central Elementary School, Chippewa Middle School, Cumberland Elementary School, Forest Elementary School, Immanuel Lutheran School, Iroquois Community School, North Elementary School, Orchard Place Elementary School, Plainfield Elementary School, The Science and Arts Academy, South Elementary School, St. Zachary Catholic School, Terrace Elementary School, and, in particular, a plaque was presented to Nicole Becker because it was her idea to have the children decorate the trees. Fire Chief Farinella presented a plaque of appreciation to Schawkgraphics, 1600 Sherwin Avenue, for designing, developing and printing color demonstration posters used by the Fire Department's Public Education team in teaching home fire drills and escape plans. PRESENTATIONS (Cont'd.) RECOGNITION: PUBLIC HEARING/ PROPOSED 2001 APPROPRIA.: CALL TO ORDER: DISCUSSION: PUBLIC HEARING/ CONSOLIDA. ANNUAL PERF. & EVALUATION REP. TO HUD: CALL TO ORDER: DISCUSSION: PAGE TWO 174 12/18/00 Fire Chief Farinella presented a plaque of appreciation to Verizon Information Services, 111 E. Rawls Road , for providing three (3) sets of 10,000 coloring books that contain fire safety messages and activities for children . Acting Mayor Arredia read a letter from a resident commending the men and women of the Emergency Management Agency (EMA) , who give so much of their time and effort to our community in assisting at fires, crowd control , traffic patrol, etc. Acting Mayor Arredia introduced Police Field Traini ng Officer Colin Johnson and read a letter from graduat e s of the Citizens Des Plaines Police Academy commendi ng Officer Johnson. Police Chief Ryan also introduced three new police officers, Officer Malea Held, Officer William Janzen and Officer Phillip Olsen. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 18 , 2000 Acting Mayor Arredia called the Public Hearing to order at 7:26 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed Year 2001 Appropriations Ordinance for fiscal year beginning January 1, 2001 , in the amount of $89,848,745. Director of Finance Egeberg gave a brief overview. Alderman Brookman stated that as Chairman of the Finance Committee she is very pleased that there have been significant increases in the level of services to the residents without increasing taxes . Acting Mayor Arredia asked for public comment. There was none. Final action on this matter under Item 19 on the Consent Agenda this evening. The Public Hearing was adjourned at 7:27 p.m. The City Council reconvened at 7 :28 p.m. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 18, 2000. Acting Mayor Arredia called the Public Hearing to order at 7:29 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the City's Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 1999, detailing the City's use of Community Development Block Grant (CDBG) Funds, beginning October 1, 1999 and ending September 30, 2000. Community Development Coordinator Broder gave a brief overview. Acting Mayor Arredia asked for public comment. There was none. Final action on this matter under Items 6 and 6a on the Consent Agenda this evening. The Public Hearing was adjourned at 7:27 p.m. The City Council reconvened at 7:30 p.m. PENDING LITIGATION/ TAX RATE OBJECTIONS SUIT FOR 1995-1996: PENDING LITIGATION/ DIXON VS. CITY: PENDING LITIGATION/ RIVERVIEW SEWER PROJ. CONTRACT LIQUIDATED DAMAGES: PUBLIC HEARING/ VLG. OF NILES REV. BONDS: 175 12 /18/00 PAGE THREE Moved by Smith, seconded by Sayad, to concur with consensus in Executive Session that City Attorney be authorized to proceed as directed regarding the Tax Rate Objections Suit for 1995 and 1996. Upon roll call, the vote was: AYES: a-Beauvais, Christiansen, Elstner, Sayad , Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Sayad, to concur with consensus in Executive Session that City Attorney be authorized to proceed as directed regarding James Dixon vs. City Worker's Compensation claim. Upon roll call , the vote was: AYES: 8-Beauvais, Christiansen, Elstner , Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Sayad, to concur with consensus in Executive Session that City Attorney proceed as directed regarding contract liquidated damages for the Riverview Avenue Sewer Project. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. City Attorney Wiltse asked for the indulgence of the City Council to hold a Public Hearing regarding the proposed issuance by the Village of Niles, of its $5, 000, 000 aggregate principle amount Educational Facilities Revenue Bonds to be used to finance all or a portion of renovation at Northridge Preparatory School, 8320 Ballard Road, Niles, IL 60714, and The Willows Academy, 1012 Thacker Street, Des Plaines; the Internal Revenue Code requires that Des Plaines hold this Public Hearing; the City would not be the issuer of the bonds, only that they approve the issuance so funds can be used in Des Plaines. City Attorney Wiltse apologized to the City Council for bringing this to them without prior notice; this was just brought to the City's attention by the Village of Niles' bond counsel, who failed to notify Des Plaines; this must be approved by January 1, 2001. Alderman Becker stated that he is not comfortable with this; there is not enough information. Alderman Brookman stated that this appears to be an oversight; there is no monetary obligation to Des Plaines; this has to be addressed before the end of the year; we should do whatever it takes to help out a neighbor community. Bond counsels for the Village of Niles addressed the City Council and also apologized for not bringing this to the City's attention sooner; all that is being requested of the City is to hold a Public Hearing to approve the Village of Niles' use of a portion of their Education Facilities Revenue Bonds for renovation of the Willows Academy, 1012 Thacker Street. Moved by Elstner, seconded by Brookman, to grant request from the Village of Niles that the City hold a Public Hearing regarding Niles' use of a portion of their Education Facilities Revenue Bonds in Des Plaines . Motion declared carried. PUB. HEAR. (Cont'd.) CALL TO ORDER: DISCUSSION: CITIZEN PARTICIPA.: PUBLIC DISCUSSION/ DISPOSITION OF OLD LIBRARY: 176 12/18/00 PAGE FOUR MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 18, 2000 Acting Mayor Arredia called the Public Hearing to order at 7:45 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed issuance by the Village of Niles, Illinois, of its not-to-exceed $5,000,000 aggregate principal amount Education Facilities Revenue Bonds to be used to finance all or a portion of the costs of renovation at Northridge Preparatory School, Niles, IL , and The Willows Academy, 1012 Thacker Street; said Public Hearing is required by the Internal Revenue Code. Acting Mayor Arredia asked for public comment. There was none. Further action on this matter on January 2, 2001. The Public Hearing was adjourned at 7:46 p.m. The City Council reconvened at 7:47 p.m. Mr. Eldon Burk, 661 Walnut Court, addressed the City Council and introduced a six (6)-month resident of Des Plaines from the Netherlands who is interested in Des Plaines and how our government works. Mr. Don Meseth, 2128 Fox Lane, who is the coordinator for the Des Plaines Emergency Management Agency addressed the City Council cautioning anyone with a car problem in this snowy weather to not abandon their vehicle; the Police will be there soon; residents should keep the fire hydrants in front of their homes clear of snow ; the Public Works Department is doing a miraculous job keeping the streets clear of snow; there have been 16 water main breaks over the last few days; they are doing a great job. Alderman Brookman stated that it has been suggested that pole markers be placed at the hydrants; she would encourage people to do this; it could mean someone' s life. Alderman Sayad stated that he lives on a cul-de-sac and his hydrants get plowed with snow. Acting Mayor Arredia stated that the City should take a look at putting marker poles all over town. Alderman Becker stated that his committee will look into this matter. Moved by Becker, seconded by Sayad, that all future discussions regarding the old Library building at 841 Graceland Avenue be held in open session and not Executive Session. Alderman Smith stated that he doesn't think now is the appropriate time to make that motion; there is a vote every time the City Council goes into Executive Session; you can vote no. Alderman Sayad stated that the City Council owes it to the residents that there will always be discussion in open session. Alderman Smith stated that it might not be appropriate to discuss some things in open session. Alderman Beauvais stated that sessions on the old Library; the those who live across the street, she would like open residents, especially should have input. ~ OLD LIBRARY (Cont'd.) CONSENT AGENDA: MINUTES/ EXEC. SESS. 12/4/00: Consent Agenda ABATEMENT/ 1996A GO BONDS, MFT FUNDS: Consent Agenda Resolution R-85-00 COLLECTION AGENCY SVS. AGREEMENT: Consent Agenda R-86-00 177 12/18/00 PAGE FIVE Alderman Petersen asked why this was being discussed under Aldermen Comments; she thought that was only supposed to be for community matters. Alderman Smith stated that all meetings are open meetings; we have to vote to go into Executive Session. Alderman Becker and Alderman Sayad amended their motion that all future discussions regarding the transfer of the deed for the old Library building at 841 Graceland Avenue be held in open session rather than in Executive Session . Following further discussion, moved by Becker , seconded by Sayad, to call for the question. Motion declared carried. Motion declared carried on Alderman Becker's amended motion. Aldermen Elstner, Smith and Petersen voted no . Alderman Beauvais requested that Items 4 and 4a be removed from the Consent Agenda; Alderman Brookman requested that Items 7 and 7a be removed; Alderman Elstner requested that Item 9 be removed; Alderman Smith requested that Item 13 be removed; Alderman Sayad requested that Items 15 and 16 be removed; and Alderman Petersen requested that Item 32 be removed. Moved by Beauvais, seconded by Brookman, to establish a Consent Agenda except for Items 4, 4a, 7, 7a, 9, 13, 15 , 16 and 32. Motion declared carried. Moved by Elstner, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-63-00. M-64-00, M-65-00, M- 66-00, M-67-00, M-68-00, M-69 -00, M-70-00, M-71-00, M-72- 00, M-73-00, M-74-00, M-75-00 and M-78-00 were adopted; Ordinances M-81-00 and T-9-00 were placed on First Reading; and Resolutions R-85-00, R-86-00, R-88-00 and R-89-00 were adopted. Moved by Elstner, seconded by Brookman, to approve minutes of the Executive Session of the City Council held December 4, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation to authorize abatement of 1996A General Obligation Corporate Bonds in the amount of $200,000, using Motor Fuel Tax allotments, as provided in Ordinance M-64-96; City Clerk be authorized to execute State of Illinois Department of Transportation (IDOT) "Obligation Retirement Resolution" as required; and further recommend to adopt Resolution R-85-00, A RESOLUTION AUTHORIZING THE CITY CLERK TO EXECUTE A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION ( IDOT) "OBLIGATION RETIREMENT RESOLUTION I II AS REQUIRED BY IDOT I FOR THE PURPOSE OF ABATING THE 2000 PROPERTY TAX LEVY FOR THE 1996A GENERAL OBLIGATION BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute agreement with A/R Concepts, Inc., 2320 Dean Street, Suite 202, St. Charles, IL 60175, to provide collection services for past due receivables (water-utility bills, ambulance service fees, parking tickets, false alarm charges, etc.), in the amount of 28% ~ R-86-00 (Cont'd.) FACADE REHABILITA. PROGRAM/ 690 LEE: Consent Agenda Resolution R-87-00 VEHICLE ENFORCEMENT AGREEMENT/ 105-165 DOVER DR.: Consent Agenda Resolution R-88-00 CONSOL. ANN. PERF. & EVAL. REP. /CDBG: Consent Agenda 178 12/18/00 PAGE SIX for all accounts placed for collection, that are collected (50%, if over one (1) year old); and further recommend to adopt Resolution R-86-00, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS , AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN A/R CONCEPTS I INC. AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Alderman Beauvais stated that she will be voting no on this matter; she still has not seen the criteria for this program; we should not be approving money for t his program without a criteria. City Manager Douthwaite stated that there is a criteria. Alderman Beauvais stated that she would like to see a copy. Alderman Brookman stated that she is not opposed to what is before the City Council tonight; she would like to see more business owners take advantage of this program; maybe we should be tailoring the guidelines to meet the needs of the businesses; have we been working with t he Chamber? Assistant City Manager-EDC Director Schneider reviewed the guidelines for the Facade Rehabilitation Program and stated that these guidelines were approved in 1992 and are being updated. Moved by Beauvais, seconded by Sayad to NOT approve payment of $21,100/TIF Project No. 1 Funds, to Athena Investment Group, LLC, owner of 690 Lee Street , as the City's contribution for the rehabilitation for new windows, doors, and limestone panels, as part of the Year 2000 Facade Rehabilitation Program. Moved by Brookman, seconded by Becker, to adopt a substitute motion to authorize payment of $21, 100/TIF Project No. 1 Funds, to Athena Investment Group, LLC, owner of 690 Lee Street, as the City's contribution for the rehabilitation for new windows, doors, and limestone panels, as part of the Year 2000 Facade Rehabilitation Program; and further recommend to adopt Resolution R-87- 00, A RESOLUTION AUTHORIZING THE PAYMENT OF NOT-TO- EXCEED, $21,100 TO ATHENA INVESTMENT GROUP, LLC, OWNER OF 690 LEE STREET, DES PLAINES, ILLINOIS AS THE CITY'S CONTRIBUTION OF THE REHABILITATION OF THE BUILDING FACADE. Upon roll call, the vote was: AYES: 6-Christiansen, Elstner, Brookman, Becker, Smith, Petersen NAYS: 2-Beauvais, Sayad ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute Agreement for Enforcement of Municipal Ordinances on Private Property with Oakton Park Apartments, 105-165 Dover Drive, for police, traffic and parking enforcement; and further recommend to adopt Resolution R-88-00, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES VI "POLICE REGULATIONS" AND X "TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY WITH VIJAY KUMAR GUPTA, OWNER OF OAKTON PARK APARTMENTS, 105-165 DOVER DRIVE, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation to approve Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG) Program Year -October 1 , 1999 to September 30, 2000, and City Clerk be authoriz~ R-89-00 (Cont'd.) LETTER OF INTENT/IDOT GOLF RD. & BRIDGE IMPROVE.: Resolution R-90-00 FINAL PLAT/ KMIEC & LESNIAK RESUBDIV. I 1652 CORA: Consent Agenda FINAL PLAT/ SILVER STALLION RESUBDIV. I 1275 LEE: Consent Agenda PATIO VARIATION/ 1603 HOWARD: Consent Agenda PAGE SEVEN 179 12/18/00 to submit the Report to the U.S. Department of Housing and Urban Development (HUD) by December 31, 2000, and further recommend to adopt Resolution R-89-00 , A RESOLUTION REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2 0 0 0, A REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mot ion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Becker, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute Letter of Intent with Illinois Department of Transportation (IDOT) that in Year 2003, the City will participate in the cost for improvements at the intersection of Golf Road at Des Plaines River Road and the Golf Road Bridge over the Des Plaines River; at an estimated cost to the City of $191 ,153/Year 2003 Capital Improvement Program; and further recommend to adopt Resolution R-90-00, A RESOLUTION AUTHORIZING THE EXECUTION OF A LETTER OF INTENT BETWEEN THE CITY OF DES PLAINES AND ILLINOIS DEPARTMENT OF TRANSPORTATION TO PARTICIPATE IN THE COST FOR IMPROVEMENTS AT THE INTERSECTION OF GOLF ROAD AT DES PLAINES RIVER ROAD AND THE GOLF ROAD BRIDGE OVER THE DES PLAINES RIVER. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Brookman, to concur with recommendation of the Des Plaines Plan Commission to approve Final Plat for M. Kmiec & E. Lesniak Resubdivision, 1652 Cora Street; and Acting Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Alderman Elstner questioned whether there are any liens on this property. Alderman Beauvais stated that she remembers that there are. Moved by Beauvais, seconded by Brookman, to permit public input on this matter. Motion declared carried. Mr. David Schainborm, legal counsel for the petitioner, addressed the City Council stating that if there are any liens, the contract purchaser would be obligated to pay them; the liens will be extinguished one way or the other. Moved by Elstner, seconded by Becker, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Silver Stallion Resubdivision, 1275 Lee Street; and Acting Mayor and City Clerk be authorized to execute same. Motion declared carried. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation to grant request for after-the-fact Variation to Section 4-7-9 of the Building Code Amendments, for property located at 1603 Howard Avenue, to permit reconstruction of a patio that would extend 2 o' from the building foundation (Code permits patios to extend 15' from the building foundation) ; contingent upon petitioner paying a $150 fee for building without a permit. Motion declared carried as approved unanimously under Consent Agenda. PARKING PAD VARIATION/ 604 E. OAKTON: Consent Agenda PURCHASE OF FURNITURE/ POLICE DEPARTMENT: Consent Agenda BID AWARD/ CREEK MAINT. EQUIPMENT: ADVERTISING FOR BIDS/ ELEC. SVS.: Consent Agenda ORDINANCE M-79-00 LIC. OF RENTAL RESIDENTIAL PROPERTIES: Ordinance M-79-00 ORDINANCE M-80-00 BUILDING PERMIT FEES/ DRIVEWAYS: Ordinance M-80-00 ORDINANCE M-81-00 ESTAB. TAX RIGHTS &: RESPONSI.: Consent Agenda 180 12/18/00 PAGE EIGHT Moved by Elstner, seconded by Brookman, to concur with Staff recommendation to grant request for after-the-fact Variation to Section 4-7-9 of the Building Code Amendments, for property located at 604 E . Oakton Street, to legalize two (2) hard surface parking pads on each side of existing driveway; contingent upon peti tion e r paying a $150 fee for building without a permit. Mot ion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation to ratify action by Police Department for purchase of furniture from U.S. Office Products, 100 N. Gary Avenue, Roselle, IL 60172, for the Police Tactical/Narcotics Section, in the amount of $9,269 (paid by Federal Grant Funds). Motion declared carried as approved unanimously under Consent Agenda . Moved by Smith, seconded by Becker, to TABLE the bid award for the Creek Maintenance Equipment until January 2, 2001. Motion declared carried (this matter will come under Consent Agenda on January 2, 2001). Moved by Elstner, seconded by Brookman , to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Electrical Service Installation at Public Works Facility, 1111 Campground Road, returnable by 3 : O O p. m. , Friday, January 12, 2oo1. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to place on First Reading Ordinance M-79-00. Motion declared carried . Moved by Sayad, seconded by Becker, to advance to Second Reading and adopt Ordinance M-79-00 , AN ORDINANCE AMENDING TITLE VIII, "HEALTH AND SANITATION." CHAPTER 9 II PROPERTY MAINTENANCE AND OCCUPANCY I II SECTION 14 "LICENSING OF MULTIPLE DWELLINGS, ROOMING HOUSES, MOTELS AND HOTELS" OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Becker, to place on First Reading Ordinance M-80-00. Motion declared carried. Moved by Sayad, seconded by Becker, to advance to Second Reading and adopt Ordinance M-80-00, AN ORDINANCE AMENDING TITLE IV I II BUILDING REGULATIONS I II CHAPTER 4 I "BUILDING PERMITS," SECTION 2 "BUILDING PERMIT FEES" TO AMEND DRIVEWAY PERMIT FEES. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Brookman, to place on First Reading Ordinance M-81-00, AN ORDINANCE ADDING A NEW CHAPTER 56 "LOCALLY IMPOSED AND ADMINISTERED TAX RIGHTS AND RESPONSIBILITY" TO TITLE V, "BUSINESS REGULATIONS" IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND ADMINISTERED TAXES OF THE CITY OF DES PLAINES, ILLINOIS. Motion d~clared carried as approved unanimously under Consent Agenda. ORDINANCE T-9-00 PARKING RESTRICT./ PERRY ST.: Consent Agenda ORDINANCE M-63-00 YEAR 2001 AP PROP RIA. : Consent Agenda ORDINANCE M-64-00 YEAR 2000 TAX LEVY: Consent Agenda ORDINANCE M-65-00 YEAR 2000 TAX LEVY/ SPEC. SVS. AREA #3: Consent Agenda ORDINANCE M-66-00 YEAR 2000 TAX LEVY/ SPEC. SVS. AREA #4: Consent Agenda ORDINANCE M-67-00 ABATEMENT/ YEAR 2000 GO BONDS: Consent Agenda ORDINANCE M-68-00 ABATEMENT/ 1999 GO BONDS: Consent Agenda ORDINANCE M-69-00 ABATEMENT/ 1998 GO BONDS: Consent Agenda ORDINANCE M-70-00 ABATEMENT/ 1997A, 1997B, 1997C GO BONDS: Consent Agenda 181 12/18/00 PAGE NINE Moved by Elstner, seconded by Brookman, to place on First Reading Ordinance T-9-00, AN ORDINANCE AMENDING TITLE X, CHAPTER 5, SECTION 5, "PARKING LIMITED IN DESIGNATED PLACES" TO ADD PERRY STREET FROM LAUREL TO GRACELAND AVENUES OF THE CITY OF DES PLAINES CITY CODE . Moti on declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-63-00, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001 AND ENDING DECEMBER 31 , 2001 . Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-64-00, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES I COOK COUNTY I ILLINOIS I FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001 AND ENDING DECEMBER 31, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-65-00, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THREE OF THE CITY OF DES PLAINES , COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001 AND ENDING DECEMBER 31, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-66-00, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001 AND ENDING DECEMBER 31, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-67-00, ABATEMENT OF THE 2000 TAX LEVY FOR THE 2000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-68-00, ABATEMENT OF THE 2000 TAX LEVY FOR THE 1999 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-69-00, ABATEMENT OF THE 2000 TAX LEVY FOR THE 1998 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-70-00, ABATEMENT OF THE 2000 TAX LEVY FOR THE 1997 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A, SERIES 1997B AND SERIES 1997C. Motion declared carried as approved unanimously under Consent Agenda . ORDINANCE M-71-00 ABATEMENT/ 1997D GO BONDS: Consent Agenda ORDINANCE M-72-00 ABATEMENT/ 1996A, 1996B GO BONDS: Consent Agenda ORDINANCE M-73-00 ABATEMENT/ 1994A GO BONDS: Consent Agenda ORDINANCE M-74-00 ABATEMENT/ 1993 GO BONDS: Consent Agenda ORDINANCE M-75-00 ABATEMENT/ 1991 GO BONDS: Consent Agenda ORDINANCE M-76-00 AMENDMENT/ SPEC. FLOOD HAZ. AREA: ORDINANCE M-78-00 COMMERCIAL DELIVERY OF LIQUOR: Consent Agenda ORDINANCE T-9-00 PARKING RESTRICTION/ PERRY ST.: 182 12/18/00 PAGE TEN Moved by Elstner, seconded by Brookman, to adopt Ordinance M-71-00, ABATEMENT OF THE 2000 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-72-00, ABATEMENT OF THE 2000 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS SERIES 1996A, SERIES 1996B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-73-00, ABATEMENT OF THE 2000 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1994A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-74-00. ABATEMENT OF THE 2000 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1993. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-75-00, ABATEMENT OF THE 2000 TAX LEVY FOR THE 1991 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Petersen, seconded by Sayad, to adopt Ordinance M-76-00, AN ORDINANCE AMENDING M-56-00 OF THE DES PLAINES CITY CODE TO INCLUDE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) RECOMMENDED CHANGES. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Brookman, to adopt Ordinance M-78-00, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 34 "INTOXICATING LIQUORS" TO ADD A NEW SECTION 5-34-42, "DELIVERY" TO INCLUDE DELIVERY FROM COMMERCIAL ESTABLISHMENTS TO BUSINESS AND RESIDENTIAL LOCATIONS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to advance to Second Reading and adopt Ordinance T-9-00, AN ORDINANCE AMENDING TITLE X, CHAPTER 5, SECTION 5, "PARKING LIMITED IN DESIGNATED PLACES" TO ADD PERRY STREET FROM LAUREL TO GRACELAND AVENUES OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. FINAL PLAT/ MEADOWLAKE III RESUB. GOOD AVE. &: CHURCH ST.: TABLED 12/4/00 PAGE ELEVEN 183 12/18/00 ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT Alderman Christiansen, Chair Alderman Beauvais stated that she has been working with the developer and the residents on some kind of compromise regarding the right-of-way; the developer is willing to extend the right-of-way through an easement to 48' instead of the 33' ; the residents should now accept this project. Petitioner Cary Levin, Levin Architects Associates, 1455 Golf Road, and his associate, Rick Thompson, addressed the Committee of the Whole. Mrs. Pam Warford, 2530 Church . Street, addressed the Committee of the Whole stating that she is concerned about the safety on Good Avenue and the us~ of that street by cars going the wrong way; she wants the additional 15' to be a right-of-way, not an easement; will there be sidewalks on Church Street. Mr. Levin said yes. Mrs. Warford stated that she is concerned about flooding with these new houses; she wants to be assured that it will not be worse for her. Mrs. Nancy Hitch, 251 Good Committee of the Whole to make 33' is on the other side of the right-of-way on the side of development will be. Avenue, addressed the sure they know that the street; there will be no the street where the Mr. Jeff Warford, 2530 Church Street, addressed the Committee of the Whole and presented a layout of the area; this is a poorly designed street; this should be dedicated as a right-of-way; this should be sent back to the Des Plaines Plan Commission for restructuring. Alderman Beauvais asked that there be an easement agreement that will address the residents' concerns. Alderman Brookman asked who would be responsible for the sidewalk if it is not dedicated. Director of Engineering Oakley stated that the City has the maintenance responsibility within the easement area; the City would share the liability responsibility with the homeowner. Alderman Brookman asked how the homeowners would know this. Director of Engineering Oakley stated that it would appear on their survey. Mr. Levin stated that they will be willing to reclarify the language to satisfy the residents. Moved by Smith, seconded by Becker, to concur with recommendation of Des Plaines Plan Commission and Staff, and recommend to the City Council to approve Final Plat and two (2) Subdivision Regulations Variations regarding right-of-way and sidewalks for Meadowlake III Resubdivision, northwest corner of Good Avenue and Church Street; City Attorney be authorized to draft easement agreement; and Acting Mayor and City Clerk be authorized to execute Final Plat. Motion by Beauvais to recommend to the City Council to approve the Final Plat, 3-1/2' sidewalks, and the additional 15' be considered a right-of-way, not an MEADOWLAKE (Cont'd.) WARRANT REGISTER: DRAFT RESOL./ RESIDENCY FOR DEPARTMENT HEADS: PAGE TWELVE 184 12/18/00 easement, for Meadowlake III Resubdivision, northwest corner of Good Avenue and Church Street, died for lack of a second. Motion declared carried on the original motion. Alderman Beauvais voted no. FINANCE & ADMINISTRATION Alderman Brookman, Chair Alderman Sayad stated that on November 20, 2000, he requested that Voucher #05857 in the amount of $8,870.45 to S. B. Friedman & Company regarding Wille Road TIF #3, be removed from the Warrant Register and City Manager Douthwaite get back to the aldermen in writing as to why there is a difference in what was agreed to and the amount on the Warrant Register; he has never heard from City Manager Douthwaite; he is requesting for the second time that the aldermen receive in writing an explanation of this matter. Moved by Sayad, seconded by Becker, to remove Voucher #05857 in the amount of $8,870.45 to S. B. Friedman & Company and table this until January 2, 2001, and City Manager Douthwaite respond, in writing, to the aldermen as to why there is a difference in what was agreed to and the amount on the Warrant Register. Motion declared carried. Moved by Sayad, seconded by Becker, to recommend to the City Council approval of December 18, 2000 -Warrant Register, as amended (Voucher #05857 in the amount of $8,870.45 was removed), in the total amount of $3,208,437.90, which includes $1,711.27 in expenditures to Horne Depot; and further recommend that Resolution R- 91-00 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving expenditures to Horne Depot in the amount of $1,711.27 -conflict of interest). LEGAL & LICENSING Alderman Beauvais, Chair A lengthy discussion was held on whether the wording should list the specific department heads or the number of departments; it was suggested that the word "current" be added. Alderman Petersen stated that she doesn't see any reason for residency. Alderman Sayad stated that we should let the residents vote on this. Fire Captain Randy Jaeger addressed the Committee of the Whole asking that all current Fire and Police personnel be excluded, because we were not hired with the understanding that we would have to live here; this would limit the selection; this is changing the ball game in the middle of the game. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that if this is not put on the ballot by the City Council, we will go out and get petitions; just have it for current department heads; if the residents don't like it, they won't vote for it. Moved by Beauvais, seconded by Becker, to recommend to the City Council that the City Attorney be authorized to draft resolution regarding residency for department heads with the requested changes regarding which employees would be included and how many; and the word "current" be added. Motion declared failed. RESIDENCY (Cont'd.) <( ORDINANCE M-77-00 FIRE DEPT. EXEMPT RANK POSITIONS: RESOLUTION R-92-00 CONTRACT/ D.P. FIRE COMMAND OFFICERS ASSOCIA.: ORDINANCE M-82-00 COMPENSA. PLAN CHGS./ FIRE DEPT.: FINAL PLAT/ MEADOWLAKE III RESUB. GOOD AVE. &: CHURCH ST.: ORDINANCE M-81-00 ESTAB. TAX RIGHTS &: RESPONSIB.: 185 12/18/00 PAGE THIRTEEN Aldermen Christiansen, Elstner, Smith and Petersen voted no; Aldermen Beauvais, Sayad, Brookman .and Becker voted yes. A tie vote is a failed vote. This will be reported out as a new motion under New Business at the appropriate time this evening. ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Elstner, to adopt Ordinance M-77-00, AN ORDINANCE AMENDING TITLE III "DEPARTMENTS," CHAPTER 2 "FIRE DEPARTMENT" TO ADD A NEW SECTION 15 "DIVISION/BATTALION COMMANDERS" TO THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. Moved by Becker, seconded by Elstner, to adopt Resolution R-92-00, A RESOLUTION AUTHORIZING THE ACTING MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE DES PLAINES FIRE COMMAND OFFICERS ASSOCIATION. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. Moved by Becker, seconded by Elstner, to place on First Reading Ordinance M-82-00. Motion declared carried. Alderman Brookman abstained (conflict of interest) . Moved by Becker, seconded by Elstner, to advance to Second Reading and adopt Ordinance M-82-00, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN, " SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE I-A, "FIRE GROUP" AND TO ADD A NEW SCHEDULE I-B, "FIRE GROUP, " ADDING FIRE BATTALION COMMANDER AND FIRE DIVISION COMMANDER. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Committee of the Whole to approve Final Plat and two (2) Subdivision Regulations Variations regarding right-of-way and sidewalks for Meadowlake III Resubdivision, northwest corner of Good Avenue and Church Street; City Attorney be authorized to draft easement agreement; and Acting Mayor and City Clerk be authorized to execute Final Plat. Motion declared carried. Alderman Beauvais voted no. Moved by Brookman, seconded by Becker, to advance to Second Reading and adopt Ordinance M-81-00, AN ORDINANCE ADDING A NEW CHAPTER 56 "LOCALLY IMPOSED AND ADMINISTERED TAX RIGHTS AND RESPONSIBILITY" TO TITLE V, "BUSINESS REGULATION S" IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND M-81-00 (Cont'd.) WARRANT REGISTER: Resolution R-91-00 DRAFT RESOL./ RESIDENCY FOR DEPARTMENT HEADS: RECESS: PAGE FOURTEEN 186 12/18/00 ADMINISTERED TAXES OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-91-00 -AS AMENDED, 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: $3,208,437.90, which includes $1, 711. 27 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $1,711.27 -conflict of interest). Moved by Beauvais, seconded by Sayad, that City Attorney be authorized to draft resolution regarding residency for department heads with the requested changes regarding which employees would be included and how many; and the word "current" be added. Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Brookman, Becker, Arredia NAYS: 4-Christiansen, Elstner, Smith, Petersen ABSENT: 0-None Motion declared carried (final action on this matter under Unfinished Business on January 2, 2001). Moved by Beauvais, seconded by Christiansen, to not go into Executive Session to discuss personnel; and this meeting be recessed until after the Committee of the Whole meeting tomorrow night, Tuesday, December 19, 2 O O O • Motion declared carried. The City Council meeting recessed at 10:30 p.m.