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01-02-2001189 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 TUESDAY I JANUARY 2, 2001 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, January 2, 2001. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen. Alderman Elstner left during Executive Session at 10:10 p.m. Alderman Beauvais left after the Executive Session at 10:34 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, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA.: CONSENT AGENDA:: The opening prayer was given by Reverend David Jones, Norwood Park Presbyterian Church, followed by the Pledge of Allegiance to the Flag. Acting Mayor Arredia presented certificates of appreciation to the following cable television access producers who not only assist with City Council meetings, but also produce additional programming for the City's Government Channel 17 and Public Access Television, Channel 35 on the AT & T system: Betty Ritter, Beverly Becker, Todd Mueller, Margaret Olszewski, Jim Brink. Acting Mayor Arredia also introduced resident Tim Vana who performed the song he composed for the voluntarily videotaped and edited (by Margaret Olszewski and Jim Brink) program "River Days" celebration at the Des Plaines Historical Society this past summer. Acting Mayor Arredia also recognized Lucille Adamick for heading up the Special Events Commission's Mitten Tree Project, which was very successful. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he would like to wish everyone a happy and prosperous New Year; he commended the Public Works employees who have been out in the very cold weather at all hours repairing the watermain breaks; he also stated that people don't know how to shovel snow in front of their businesses, especially on Lee Street; Miner Street and Ellinwood Street businesses do a good job; he wishes people would shovel their walks. Alderman Beauvais requested that Item 4 be removed from the Consent Agenda and Alderman Smith requested that Item 9 be removed. Moved by Sayad, seconded by Becker, Consent Agenda except for Items 4 and 9. carried. to establish a Motion declared Moved by Brookman, seconded by Beauvais, to approve the Consent Agenda. 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. CON. AGEN. (Cont'd.) MINUTES: Consent Agenda MINUTES/ EXEC. SESS. 12/18/00 (SESS. TWO) : CHANGES/ POSITION CLASSIFIC. PLAN: Consent Agenda Ordinance M-1-01 IDOT AGREE./ ROUTE 14 IMPROVEMENT PROGRAM: Con. Agenda PAGE TWO 190 1/2/01 Minutes were approved; Staff recommendations and requests were approved; Ordinances M-1-01, M-02-01 and M-03-01 were placed on First Reading; and Resolution R-2-01 was adopted. Moved by Brookman, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held December 4, 2000, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held December 18, 2000, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to approve minutes of the Executive Session (Session One) of the City Council held December 18, 2000. Motion declared carried as approved unanimously under Consent Agenda. Motion by Alderman Beauvais to NOT concur with consensus in Executive Session on December 19, 2000, that the City retain the services of DMG-Maximus, 6 o Revere Drive , Suite 200, Northbrook, IL 60062, to recruit and screen candidates for the position of City Manager, at a cost not-to-exceed $20,000, died for lack of a second. Moved by Christiansen, seconded by Elstner, to approve minutes of the Executive Session (Session Two) of the City Council held on December 19, 2000, (reconvened from December 18, 2000). Motion declared carried. Alderman Beauvais voted no. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to amend Title I, Chapter 15, Section 4 -"Classification Plan to the City Service," Schedules III, IV, V and VI-A of the City Code, to reclassify the following positions : Meter Foreman $44,730 Minimum, $52,626 Midpoint, $60,521 Maximum; Payroll Clerk $30,954 Minimum, $36,416 Midpoint , $41,878 Maximum; Police Records Clerk -$28,928 Minimum, $34,033 Midpoint, $39,137 Maximum; Principal Account Clerk $29,710 Minimum, $34,951 Midpoint , $40,193 Maximum; and establish the following new positions: Keep Des Plaines Beautiful Coordinator -$35, 540 Minimum, $41,812 Midpoint, $48,084 Maximum; and Municipal Information System Specialist Supervisor $49,924, Minimum, $58,734 Midpoint, $67,544 Maximum; and further recommend to place on First Reading Ordinance M-1-01. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-1-01, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE III, "CLERICAL, ACCOUNTING AND MISCELLANEOUS GROUP" SCHEDULE IV I "SUPERVISORY AND ADMINISTRATIVE GROUP I II SCHEDULE V, "TECHNICAL, ENGINEERING AND INSPECTION GROUP," AND SCHEDULE VI-A, "LABOR/TRADES-SUPERVISORY GROUP" 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. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute Agreement with Illinois Department of Transportation (IDOT) for City's portion of the IDOT AGREE. (Cont'd.) Resolution R-2-01 Ordinance M-2-01 Ordinance M-3-01 CD-ROM STORAGE SYS./ POLICE DEPT.: Consent Agenda PURCHASE OF FIRE HOSE: Consent Agenda CREEK MAINT. EQUIPMENT: ADVERTISING FOR BIDS: PAGE THREE 191 1/2/01 resurfacing of U.S. Route 14 (Northwest Highway) from Mt . Prospect Road to the Miner Street Bridge over the Des Plaines River, which includes resurfacing the parking lane and repairing the adjacent curb and gutter and drainage structures, at a cost to the City of $42 ,660/MFT Funds, Section 00-00180-00 RS; and further recommend to adopt Resolution R-2-00, A RESOLUTION AUTHORIZING THE ACTING MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST , AN AGREEMENT BETWEEN THE STATE OF ILLINOIS THROUGH I TS DEPARTMENT OF TRANSPORTATION (IDOT), AND THE CITY OF DES PLAINES TO ALLOW FUNDING FOR THE IDOT U.S. ROUTE 14 IMPROVEMENT PROGRAM; and to place on First Reading Ordinance M-2-01, AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS A PART OF THE U.S. ROUTE 14 (NORTHWEST HIGHWAY /MINER STREET) IMPROVEMENT; and Ordinance M-3-01, AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG U.S. ROUTE 14 (NORTHWEST HIGHWAY/MINER STREET) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Microsystems, Inc., 625 Academy Drive, Northbrook, IL 60062, for conversion of all Police Department personnel and training records to a CD-ROM storage system, in the total amount of $10,776/Year 2000 Budget; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Dolton Fire Equipment, 563 Williams, Thornton, IL 60476, for purchase of Fire Hose in the amount of $10,732.20/2001 Budget ; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Brookman, to award bid for One (1) New Current Production Model Compact Excavator in the total amount of $87,932, and One (1) New Current Production Model Equipment Trailer in the amount of $7,596, to the lowest bidder, Ditch Witch of Illinois, 124 N. Schmale Road, Carol Stream, IL 60188; all funds from Illinois First Grant Funds; and further recommend to TABLE bid award for One (1) New Current Production Model Low Ground Pressure Tract Carrier to February 5, 2001. 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 Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Painting/Rust Repair of Fire Department 1986 Grumman Truck 81, returnable by 3: oo p. m. , Tuesday, January 2 3, 2OO1. Mot ion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Painting of the Walls and Ceilings of the Apparatus Floors at Fire Stations #1 and #3, returnable by 3: 00 p. m., Tuesday, January 23, 2 001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to ADVERTISING (Cont'd.) WARRANT REGISTER: LIQ. LIC./ 2104 MINER: ZONING CASE 00-62-V VARIATION/ 1036 VAN BUREN: PAGE FOUR 192 1/2/01 advertise for bids for Purchase and Installation of Personal Storage Lockers at Fire Station #1, returnable by3:00 p.m., Tuesday, January23, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Various Underwater Rescue Equipment, returnable by 3:00 p.m., Tuesday, January 23 , 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Various Radio Equipment, returnable by 3:00 p.m., Tuesday, January 23, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Six (6) Drager Radio Interface Units, returnable by 3: 00 p. m., Tuesday, January 23, 2001. Motion declared carried as approved unanimously under Consent Agenda. ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Brookman, Chair Moved by Smith, seconded by Petersen, to recommend to the City Council approval of January 2, 2001 Warrant Register, in the total amount of $9,424,257.57, which includes $3,692.64 in expenditures to Home Depot; and further recommend that Resolution R-1-01 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $3, 692. 27 conflict of interest). LEGAL & LICENSING Alderman Beauvais, Chair Petitioner Sarni Y. Bato, 7641 Crawford, Skokie, IL 60070, was sworn in by City Clerk McAllister and gave testimony before the Committee of the Whole. Moved by Beauvais, seconded by Brookman, to recommend to the City Council approval of new Class B Liquor License for property located at 2104 Miner Street, d/b/ a A-1 Cigarettes Outlet, contingent upon petitioner filing new corporation documents showing the new name of the business and corporate officers; contingent upon verification of fingerprints; and further recommend City Attorney be authorized to draft necessary ordinance. Motion declared carried. COMMUNITY DEVELOPMENT Alderman Christiansen, Chair Director of Community Development D'Onofrio reviewed his memo of December 13, 2000, regarding request for a Variation to permit construction of a 28' x 34' detached garage on property located at 1036 Van Buren Street; the Des Plaines Zoning Board of Appeals voted to recommend that the Variation be granted. Petitioner David Dunn was introduced questions of the Committee of the Whole. and answered VAN BUREN (Cont'd.) REALLOCA. OF IDRBs/ VLG. OF MT. PROS.: Resolution R-79-00 RESOLUTION R-3-01 ADVISORY REFERENDUM/ RESIDENCY FOR DEPT. HEADS: PAGE FIVE 193 1/2 /01 Alderman Elstner stated that he visited the site and talked to some of the neighbors; no one had a problem with the garage . Alderman Sayad stated that he also visited the site; Mr . Dunn is to be commended for the work he has done on his property; he is in favor of this Variation . Alderman Brookman stated that she is also in favor of this request. Alderman Christiansen stated that he received a call from a neighbor who could not be at this meeting and he is i n favor of this request. Moved by Elstner, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 00-62-V, to grant request for Variation to permit construction of a 28' x 34' detached garage on property located at 1036 Van Buren Street, in R-1 Single- Family Residential District; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Alderman Becker stated that he would like to retain the City's Volume Cap for 2001 because several Des Plaines companies have expressed interest in using the IDRBs. Alderman Brookman stated that she agrees that the City should retain its Cap; it is too early in the year to give away our Volume Cap. Assistant City Manager/Economic Development Director Schneider stated he agrees also and is withdrawing his request that these IDRBs be reallocated to the Village of Mt. Prospect. Moved by Becker, seconded by Brookman, to deny request from the Village of Mt. Prospect that the City reallocate $2, 763, 600 of its Year 2001 Industrial Revenue Bond volume Cap; and Resolution R-79-00 be VOIDED. 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 Beauvais, seconded by Christiansen, to suspend the rules to permit public input on this matter. Motion declared carried. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that this referendum should be for all employees, not for just a select few; this is discrimination. Fire Lieutenant Randy Trost, Vice President of the Des Plaines Professional Firefighters Association, addressed the City Council stating that he is against the referendum as written; it would preclude both current and future members of his Association from aspiring to the rank of Fire Chief unless they move within the City limits; this would be unfair to the members of his Association and would rob the City of their investment in its employees; he suggests that the referendum be REFERENDUM (Cont'd.) WARRANT REGISTER: Resolution R-1-01 PAGE SIX 194 1/2/01 amended to read, "Anyone hired to the position of Department head will reside within the City limits." Alderman Petersen stated that she is against residency; if the City Council puts this on the ballot, we are doing the work for the residents; if the residents want this bad enough, they should go out and get petitions. Alderman Sayad stated that he ran on residency; people want to have these people live in town; this referendum may not pass; they will decide if they want this or not; we have many people that would be in line for Fire Chief ; we will look at everyone for the position; if someone wants the job, they will have nine (9) months to move into town; other communities are doing this; we don 't know if the referendum will pass or not. Firefighter/Engineer Colin Carroll, President of the Des Plaines Professional Firefighters Association, addressed the City Council stating that you would not be giving the City the best people for the position by requiring residency; it is a shame to look at the money for the position. Alderman Christiansen stated that he has always been against residency; we would be excluding all present firefighters and policemen; department heads are appointed by the Mayor who could change every four (4) years; we would be asking these people to move in town for maybe only four (4) years; that is asking too much of them; this is wrong. Alderman Smith stated that a referendum would be a bad policy; this is wrong; the City Council makes this decision. Alderman Brookman stated that the City Council needs to decide if they want the residents to vote on this matter; residents have been asking for this for years; we are watering down the language; that would be an insult to the voters. Moved by Sayad, seconded by Becker, to adopt Resolution R-3-01, A RESOLUTION PROVIDING FOR AND REQUIRING THE SUBMISSION OF AN ADVISORY QUESTION OF PUBLIC POLICY TO THE ELECTORS OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, AT THE CONSOLIDATED ELECTION SCHEDULED TO BE HELD ON TUESDAY, APRIL 3, 2001. Following further discussion, moved by Becker, seconded by Sayad, to call for the question. Motion declared failed. Aldermen Beauvais, Christiansen, Elstner, Smith and Petersen voted no. Aldermen Sayad, Brookman and Becker voted yes. Following further discussion, 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. Moved by Brookman, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-1-01, 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: $9,424,257.57, which includes $3,692.64 in expenditures to Home Depot. Upon roll call, the vote was: WARRANT (Cont'd.) LIQ. LIC./ 2104 MINER: ZONING CASE 00-62-V VARIATION/ 1036 VAN BUREN: EXECUTIVE SESSION: ACQUIS. OF REAL PROP./ RIVER MILL DEVELOP.: ACQUIS. OF REAL PROP./ WILLE ROAD- TIF #3: PEND. LIT./ JAMES ZEIMET VS. CITY: PAGE SEVEN AYES: 8-Beauvais, Christiansen, Elstner, Sayad Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None 195 1/2 /01 Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $3,692.64 -conflict of interest). Moved by Smith, seconded by Sayad, to concur with recommendation of Committee of the Whole to approve new Class B Liquor License for property located at 2104 Miner Street, d/b/a A-1 Cigarettes Outlet, contingent upon petitioner filing new corporation documents showing the new name of the business and corporate officers; contingent upon verification of fingerprints; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on January 15 , 2001). Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole, re Zoning Case 00-62-V, to grant request for Variation to permit construction of a 28' x 34' detached garage on property located at 1036 Van Buren Street, in R-1 Single-Family Residential District; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on January 15, 2001). Moved by Becker, seconded by Brookman, to go into Executive Session to discuss acquisition of real property, pending litigation and personnel. 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. The City Council recessed at 8:45 p.m. The City Council reconvened at 10:35 p .m. Roll call indicated the following aldermen present: Christiansen, Sayad, Brookman, Becker, Smith, Petersen. Moved by Christiansen, seconded by Sayad, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding River Mill Development on the southeast corner of Mill Street and River Road. Upon roll call, the vote was: AYES: 5-Christiansen, Sayad, Becker, Smith, Petersen NAYS: 1-Brookman ABSENT: 2-Beauvais, Elstner Motion declared carried. Moved by Christiansen, seconded by Sayad, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding TIF #3 Wille Road Redevelopment Project. Upon roll call, the vote was: AYES: 5-Christiansen, Sayad, Becker, Smith, Petersen NAYS: 1-Brookman ABSENT: 2-Beauvais, Elstner Motion declared carried. Moved by Smith, seconded by Petersen, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding the Worker's Compensation Claim of James Zeimet vs. Des Plaines. Upon roll call, the vote was: ZEIMET (Cont'd.) PEND. LIT./ THOMAS HEAVEY VS. DARLEY VS. CITY: SELECTION OF ACTING CITY MGR.: ADJOURNMENT: PAGE EIGHT AYES: 6-Christiansen, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 2-Beauvais, Elstner Motion declared carried. 196 1/2/01 Moved by Smith, seconded by Petersen, to concur with majority agreement in Executive Session that Staff b e authorized to proceed as directed regarding Thomas Heav ey vs. W. S. Darley Co. vs. City. Alderman Brookman stated that she will be voting no because the amount is not fair or equitable. Upon roll call, the vote was: AYES: 5-Christiansen, Sayad, Becker, Smith , Petersen NAYS: 1-Brookman ABSENT: 2-Beauvais, Elstner Motion declared carried. Moved by Smith, seconded by Sayad, to concur with majority agreement in Executive Session that Mr. Bill Schneider, Jr., be appointed Acting City Manager/Economic Development Director at a base salary of $84,000 until a new City Manager is hired, at which time Mr. Schneider's base salary would be $65,000 and he would once again be Assistant City Manager/EDC Director. Alderman Christiansen stated that he will be voting no because this position should be reclassified and be made strictly the EDC Director. Acting Mayor Arredia stated that this position will be reviewed. Upon roll call, the vote was: AYES: 5-Sayad, Brookman, Becker, Smith, Petersen NAYS: !-Christiansen ABSENT: 2-Beauvais, Elstner Motion declared carried. Moved by Brookman, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:40 p.m. ~.a CITY CLERK APPROVED BY ME THIS 17 An