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04-02-2001253 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, APRIL 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 Monday, April 2, 2001. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen. Also present were: Acting City Manager-EDC Director Schneider, Director of Finance Egeberg, Police Chief Ryan, Deputy Fire Chief Heavey, Director of Public Works Killian, City Engineer Oakley, Director of Community Development D' Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA.: CONSENT AGENDA: The opening prayer was given by Father John Smyth, Maryville Academy, followed by the Pledge of Allegiance to the Flag. Acting Mayor Arredia presented a plaque to Mary Ann Clancy honoring her late husband, John T. Clancy, an Engineer from Maryville Academy. Acting Mayor Arredia presented a certificate of appreciation to Betty Fluegge for the cardiac rehab staff of Holy Family Medical Center who had been nominated for a "Be Nice" award; this group, rather than spend money on a holiday party, donated food, jackets and toys to the needy of Des Plaines. Ms. Irene Serwa, 1011 Crabtree Lane, addressed the City Council stating that she was verbally accosted by Eldon Burk supporters after the Mayoral debate because she asked each of the candidates what they would do to reduce the Community Rating System (CRS), CRS gives points to cities who comply with flood standards and this amounts to savings for residents; educate the public and take a proactive stance on this issue. Alderman Sayad requested that Item 6 and 6a be removed from the Consent Agenda. Moved by Beauvais, seconded by Becker, to establish a Consent Agenda except for Items 6 and 6a. Motion declared carried. Moved by Elstner, 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 TIF PROJECT AREA #5: Consent Agenda Ordinance M-19-01 M-20-01 M-21-01 AMENDMENT, INSPECTION OF RENTAL PROPERTIES: Consent Agenda Ordinance M-22-01 SALE OF CITY PROPERTY, POLICE AUCTION: Consent Agenda Ordinance M-23-01 254 4/2/01 PAGE TWO The minutes were approved; Staff recommendations and requests were approved; Ordinances M-18-01, T-2-01 and Z-6-01 were adopted; Ordinances M-17-01, M-19- 01, M-20-01, M-21-01, M-22-01, M-23-01 and Z-7-01 were placed on First Reading; and Resolutions R-32- 01 and R-33-01 were adopted. Moved by Elstner, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held March 19, 2001, as published. Motion declared carried as approved unanimously under Consent Agenda. Motion by Elstner, seconded by Beauvais, to concur with Staff recommendation to approve the establishment of a Tax Increment Financing (TIF) District, TIF #5, for the area bounded by the proximity of River Road, Lee Street, Perry Street and Jefferson Street; adopt TIF Financing for Project Area #5; and designating the Perry and Lee Streets area as TIF Area #5; and further recommend to place on First Reading: Ordinance M-19-01, AN ORDINANCE APPROVING THE CITY OF DES PLAINES COOK COUNTY, ILLINOIS, TAX INCREMENT REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN AND PROJECT NO. 5; Ordinance M-20-01, INCREMENT FINANCING AN FOR COOK COUNTY, ILLINOIS; and ORDINANCE ADOPTING TAX THE CITY OF DES PLAINES I Ordinance M-21-01, AN ORDINANCE DESIGNATING THE CITY OF DES PLAINES, ILLINOIS, TAX INCREMENT REDEVELOPMENT PROJECT AREA NO. 5. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to amend Title VIII, Chapter 9, Section 8-9-14Q and S "Licensing of Residential Properties Used for Rental Purposes," of the City Code to ADD "single-family detached unit, single-family attached unit" inadvertently omitted from Ordinance M-79-00 HOUSEKEEPING ACTION; and further recommend to place on First Reading Ordinance M-22-01, AN ORDINANCE AMENDING M-79-00 RELATING TO TITLE VIII, "HEALTH AND SANITATION," CHAPTER 9 "PROPERTY MAINTENANCE AND OCCUPANCY," SECTION 14 "LICENSING OF RESIDENTIAL PROPERTIES USED FOR RENTAL PURPOSES" OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to authorize to sell by auction at the annual Police Auction to be held Saturday, May 5, 2001, at the Public Works Facility, 1111 Joseph J. Schwab Road, unclaimed property and property that is deemed no longer necessary or useful to or for the best interest of the City; and further recommend to place on First Reading Ordinance M-23-01, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF UNCLAIMED PROPERTY AND PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda AMEND PUD, LIBRARY PLAZA- LIBRARY CONDOS: Consent Agenda Ordinance Z-7-01 AGREEMENT, MCI WORLDCOM: Resolution R-31-01 AMERITECH TELEPHONE SERVICE CONTRACT: Consent Agenda Resolution R-32-01 255 4/2/01 PAGE THREE Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to authorize amendment to Ordinance Z-11-99 (adopted by the City Council on July 6, 1999) and Ordinance Z-25-99 (adopted by the City Council on September 7, 1999), which established a planned unit development (PUD) for the Library Plaza/Library Courts Condominiums, Prairie Avenue and Pearson Street, to allow condominium development changes to the south building, i.e. reduce number of dwelling units to 84 units, reduce height to seven ( 7) floors, reduce width to 77' , increase overall parking ratio to 1. 51 spaces per dwelling unit; and further recommend to place on First Reading Ordinance Z-7-01, AN ORDINANCE AUTHORIZING AN AMENDMENT TO ORDINANCES Z-11-99 AND Z-25-99 IN ACCORDANCE WITH ARTICLE 3, SECTION 5 OF THE DES PLAINES ZONING ORDINANCE TO ALLOW MINOR CONDOMINIUM DEVELOPMENT CHANGES TO THE SOUTH BUILDING OF THE LIBRARY COURTE CONDOMINIUMS IN CONJUNCTION WITH THE declared carried as Consent Agenda. LIBRARY PLAZA PUD. Motion approved unanimously under Alderman Sayad stated that one of the figures in the agreement is incorrect; why are we paying overhead of 20% on some items and 5% on other items. City Engineer Oakley stated that this is the standard contract; he will have the incorrect figure corrected. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to authorize Acting Mayor and City Clerk to execute "Reimbursement Agreement", AS AMENDED, with MCI Worldcom Network Services, Inc. , 2250 Lakeside Boulevard, Richardson, TX 75082, to relocate overhead cables to an underground location within the Union Pacific Railroad right-of-way from approximately 1000' west of Graceland Avenue to the east side of the Des Plaines River, at a not-to- exceed cost of $206,000/TIF Funds; and further recommend to adopt Resolution R-31-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A "REIMBURSEMENT AGREEMENT" BETWEEN MCI WORLDCOM NETWORK SERVICES, INC. AND THE CITY OF DES PLAINES FOR RELOCATION OF OVERHEAD CABLES WITHIN THE UNION PACIFIC RAILROAD RIGHT-OF-WAY. 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 Beauvais, to concur with Staff recommendation to authorize Director of Finance to terminate existing contract with Ameritech Centrex Telephone (approved on February 18, 1998), and Director of Finance be authorized to sign seven (7) work orders to complete installation of new telephone system at a cost of $10,578/ Budgeted Funds; and further recommend to adopt Resolution R-32-01, A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO TERMINATE THE EXISTING CONTRACT BETWEEN AMERITECH AND THE CITY OF DES PLAINES FOR CENTREX SERVICES AND AMERITECH (Cont'd.) SUBLEASE TOWER AGREEMENT/ CELLULAR ONE: Consent Agenda Resolution R-33-01 TENTATIVE APPROVAL/ RECODIFICA. OF CITY CODE FOR HUMAN RESOURCES DEPT.: Consent Agenda PARKING PAD VARIATION/ 1294 VAN BUREN ST.: Consent Agenda POLICE AUCTION PROCEEDS/ CRIMESTOPPERS: Consent Agenda PURCHASE/ POLICE DEPT. FURNITURE: Consent Agenda 256 4/2/01 PAGE FOUR TO EXECUTE SEVEN WORK ORDERS TO PROVIDE SERVICE FOR THE NEW TELEPHONE EQUIPMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to authorize Acting Mayor and City Clerk to execute Agreement Letter to Site Lease Agreement with SBC, d/b/a Cellular One-Chicago (entered into on April 2, 1984 and Option Agreement on August 31, 1984), 930 National Parkway, Schaumburg, IL 60173, to permit sublease of a portion of the cell tower site at 1099 Joseph J. Schwab Road, to SpectraSite Communications, Inc., 110 Corning Road, Suite 100, Cary, NC 27511; sublessee to be subject to all terms, conditions and restrictions contained in the existing lease between the City and SBC, d/b/ a Cellular One; and further recommend to adopt Resolution R-33-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A LETTER OF AGREEMENT APPROVING A SUBLEASE AGREEMENT BETWEEN SBC COMMUNICATIONS, INC. AND SPECTRASITE FOR SPACE TO INSTALL WIRELESS ANTENNAE ON THE SBC COMMUNICATIONS, INC. WIRELESS TOWER LOCATED ON THE CITY OF DES PLAINES PUBLIC WORKS PROPERTY AT 1111 JOSEPH SCHWAB ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to approve proposed changes to the City Code pertaining to the Human Resources & Services Department as recommended by the Community Services Committee (Aldermen Petersen, Sayad, Smith) , except for the Consumer Protection Commission which will be reviewed by the Legal & Licensing Commit tee; and these approved changes be held until the entire recodif ication is complete. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit construction of an 18' x 26' parking pad with a total area of 468 sq. ft. in the rear yard of property located at 1294 Van Buren Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request that proceeds from the Police Department's Year 2001 Annual Police Auction, to be held Saturday, May 5, 2001, be donated to Des Plaines CrimeStoppers, Inc. ANNUAL REQUEST. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Corporate Express, 2651 Carl Street, Elk Grove Village, IL 60007, to purchase furniture for the CSO Office at the Police Department, in the total amount of $8,814.10, including installation/2001 Budget; FURNITURE (Cont'd.) BID AWARD/ POLICE MOTORCYCLES: Consent Agenda ORDINANCE M-17-01/ BUSINESS REGISTRATION DELINQUENT FEES: Consent Agenda ORDINANCE M-18-01/ TAXICAB LICENSING REVISIONS: Consent Agenda ORDINANCE T-2-01 TRAFFIC RETRICTION/ HOLLYWOOD- ROSE-WALTER: Consent Agenda ORDINANCE Z-6-01 VARIATION/ 980 E. TOUHY: Consent Agenda ORDINANCE M-19-01 APPROVE TIF PROJECT AREA #5: 257 4/2/01 PAGE FIVE and it would be that usual bid declared carried Consent Agenda. in the best interest of the City procedures be waived. Motion as approved unanimously under Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to award bid for Two (2) Year 2001 Harley-Davidson FLHPI Road King Police Motorcycles, to the lowest bidder, Chicago Harley- Davidson, 6868 N. Western Avenue, Chicago, IL 60645, in the total bid amount of $24,518/2001 CERF. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to place on First Reading Ordinance M-17-01, AN ORDINANCE AMENDING THE CITY CODE OF DES PLAINES TITLE V, "BUSINESS REGULATIONS" CHAPTER 1, "GENERAL LICENSING PROVISIONS" SECTION 3, "LICENSE FEES AND TERM" TO ADD ADDITIONAL LATE PENALTY FEES. declared carried as approved unanimously Consent Agenda. Motion under Moved by Elstner, seconded by Beauvais, to adopt Ordinance M-18-01, AN ORDINANCE AMENDING TITLE V, "BUSINESSES" CHAPTER 5, "OTHER BUSINESSES" SECTION 25 "PUBLIC PASSENGER VEHICLES" OF THE CITY OF DES PLAINES CITY CODE TO ADD NEW declared carried as approved Consent Agenda. LANGUAGE. Motion unanimously under Moved by Elstner, seconded by Beauvais, to adopt Ordinance T-2-01, AN ORDINANCE AMENDING TITLE V, "BUSINESSES" CHAPTER 5, "OTHER BUSINESSES" SECTION 25 "PUBLIC PASSENGER VEHICLES" OF THE CITY OF DES PLAINES CITY CODE TO ADD NEW LANGUAGE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance Z-6-01, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.2-1 OF THE DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A SOLID WOOD FENCE 6 FEET TALL AT 980 EAST TOUHY AVENUE, DES PLAINES ILLINOIS (CASE 01-04-V). Motion declared carried as Agenda. approved unanimously under Consent Alderman Christiansen stated for the record that TIF Project Area #5 does not include the Elks Lodge. Moved by Christiansen, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-19-01, AN ORDINANCE APPROVING THE CITY OF DES PLAINES COOK COUNTY, ILLINOIS, TAX INCREMENT REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN AND PROJECT NO. 5 . Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. ORDINANCE M-20-01 TIF FINANCING FOR PROJECT AREA #5: ORDINANCE M-21-01 DESIGNATING PERRY-LEE AREA AS TIF #5: APPOINTMENTS- REAPPOINT.: LIQ. LIC./ 2121 OXFORD: WARRANT REGISTER: 258 4/2/01 PAGE SIX Moved by Christiansen, seconded by Elstner, to advance to Second Reading and adopt Ordinance M-20- 01, AN ORDINANCE ADOPTING TAX INCREMENT FINANCING FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Christiansen, seconded by Elstner, to advance to Second Reading and adopt Ordinance M-21- 01, AN ORDINANCE DESIGNATING THE CITY OF DES PLAINES, ILLINOIS, TAX INCREMENT REDEVELOPMENT PROJECT AREA NO. 5. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Presented for consideration (no action required) was the following appointment: Appointment: ECONOMIC DEVELOPMENT COMMISSION Charles Van Hyning (completing term of George Bilek) (final action on this matter under Consent Agenda on April 16, 2001) ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE LEGAL & LICENSING -Alderman Beauvais, Chair Petitioners Paul Steiner and Mary Ellen McGuire- Steiner were sworn in by the Deputy City Clerk and gave testimony before the Committee of the Whole. Alderman Sayad stated that Item 7 in the application for the liquor license is incomplete; what is the length of the lease? Petitioner Paul Steiner stated that they have a three (3) year lease. Acting Mayor Arredia stated that he would like a copy of their delivery instructions. Moved by Christiansen, seconded by Sayad, to recommend to the City Council to approve new Class B Liquor License for property located at 2121 Oxford Drive, d/b/a Superior Wine Selections; contingent upon verification of fingerprints; and Ordinance M- 24-01 be placed on First Reading at appropriate time this evening. Motion declared carried. FINANCE & ADMINISTRATION -Alderman Brookman, Chair Alderman Sayad stated that .he questions why Library hired an attorney to discuss the Library's building title; why did they need advice the old WARRANT (Cont'd.) VACATE PORT. OF GARLAND PLACE AT RAND: Ordinance M-15-01 REVISIONS/ LIQ. LIC. ORDINANCE: Ordinance M-16-01 LIQ. LIC./ 2121 OXFORD: Ordinance M-24-01 259 4/2/01 PAGE SEVEN on selling the Library building to the City; he is aware that the Library sets their budget. Library Administrator Norlin stated that it was a decision of the Library Board. Moved by Christiansen, seconded by Sayad, to recommend to the City Council approval of April 2, 2001 Warrant Register, in the total amount of $2,335,260.31, which includes $335.23 in expenditures to Home Depot; and further recommend that Resolution R-34-01 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $335.23 -conflict of interest; Alderman Smith abstained on approving expenditure to Lattof YMCA in the amount of $7, 500. 00 conflict of interest) . Motion carried. Alderman Sayad voted no. ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Elstner, seconded by Brookman, to TABLE until May 21, 2001, further discussion on approving the Plat of Vacation for a portion of the right-of- way on Garland Place at Rand Road that will no longer be used as a street because of the construction of a cul-de-sac, and in exchange for the vacation, Wheels, Inc., 666 Garland Place, will grant to the City a permanent easement on each side of Garland Place for construction and maintenance of the cul-de-sac; placing on First Reading Ordinance M-15-01; and further authorize Staff to renegotiate the agreement with Wheels, Inc. to add a reverter clause. Motion declared carried. Moved by Sayad, seconded by Beauvais, to adopt Ordinance M-16-01, AN ORDINANCE AMENDING CERTAIN LANGUAGE OF THE DES PLAINES CITY CODE IN TITLE V, "BUSINESS REGULATIONS" CHAPTER 34, "INTOXICATING LIQUORS" SECTIONS 24, "LOCAL LIQUOR CONTROL COMMISSIONER" AND 35 "NOTICE OF PENDING LIQUOR LICENSE. 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 Sayad, to concur with recommendation of Committee of the Whole to approve new Class B Liquor License for property located at 2121 Oxford Drive, d/b/a Superior Wine Selections; contingent upon verification of fingerprints; and place on First Reading Ordinance M-24-01. Motion declared carried. LIQ. LIC. (Cont'd.) WARRANT REGISTER: Resolution R-34-01 BID AWARD/P.W. STREET RESURFACING PROGRAM: 260 4/2/01 PAGE EIGHT Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-24-01, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE TOTAL NUMBER OF CLASS "B" LICENSES BY ONE TO ADD 1989 WINE PARTNERS, INC. D/B/A SUPERIOR WINE SELECTIONS LOCATED AT 2121 OXFORD DRIVE, 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-34-01, 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: $2, 335, 260. 31, which includes $335.23 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Brookman, Becker, Smith, Petersen NAYS: 1-Sayad ABSENT: 0-None Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $335. 23 -conflict of interest; Alderman Smith abstained on approving expenditure to Lattof YMCA in the amount of $7,500.00 conflict of interest) . Alderman Brookman stated that she would like to change her vote from the meeting of March 19, 2001 regarding the Bid Award for the Public Street Resurfacing Program from Aye to Nay; vendors were invited to bid on three sections of work and Orange Crush, L.L.C. was awarded all of the sections even though they were not the low bidder on al 1 three; she understands the staff's view, however, she believes this will discourage vendors from bidding. Upon unanimous consent of the City Council, the change of vote was allowed. Moved by Sayad, seconded by Smith to concur with Staff recommendation to award bid for Year 2001 Public Works Street Resurfacing Program to the lowest bidder, Orange Crush, L. L. C., 321 S. Center Street, Hillside, IL 60162, in the total bid amount of $526, 049. 90/General Improvement Fund. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Becker, Smith, Petersen NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. ADJOURNMENT: 261 4/2/01 PAGE NINE Moved by Beauvais, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:01 p. rn. Nancy Pet rson -DEPUTY CITY CLERK APPROVED BY ME THIS ~~ An iWTI~ MAYOR