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02-04-2002178 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 FEBRUARY 4, 2002 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, February 4, 2002. ROLL CALL: Roll call indicated the following aldermen present: Sayad, Brookman, Becker, Smith, Argus. Aldermen Beauvais, Christiansen and Murphy were absent. Alderman Christiansen arrived in Executive Session at 6:33 p.m. Also present were: City Manager Miller, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Public Works Killian, City Engineer Oakley, Acting Director of Community Development Molinari, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: RECOGNITION: MUSIC FACTORY/ 1428 LEE: Moved by Smith, seconded by Argus, to go into Executive Session to discuss acquisition of real property and pending litigation. Upon roll call , the vote was : AYES: 5-Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 3-Beauvais, Christiansen, Murphy Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:11 p.m. Roll call indicated the following aldermen present: Christiansen, Sayad, Brookman , Becker , Smith, Argus . The opening prayer was given by Reverend Roger Zavala, Nuevo Amanecer Metodista Unida, following by the Pledge of Allegiance to the Flag. Mayor Arredia presented Director of Finance Egeberg with the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) of the United States and Canada; the award was granted for the City's "comprehensive annual financial report ." Mayor Arredia, Police Chief Ryan and Fire Chief Farinella presented Citizen Valor Awards to Adam Polinski, who rescued a passenger from a burning car; and Zivile Sabaityte, who rescued a four (4) year old girl from a burning building and her quick action helped save the life of another child. Mayor Arredia recognized Des Plaines native, Beth Ryan, who because of her vast community involvement, was recently chosen to be one of the 2002 Olympic Torch Relay Torchbearers; she picked up the torch in Wilmette and ran for about a quarter of a mile on January 5, 2002. Mayor Arredia announced that because of the problems that were experienced at the Music Factory, 1428 Lee Street, this past weekend, he has suspended the business license for this business for 30 days; there will be no further comment from the Aldermen and Staff on this matter at this time and the public should not make comments under Citizen Participation. CITIZEN PARTICIPA.: ACQUIS. OF PROPERTY/ TIF #1 1550 PARK &: 1552 JEFFERSON: CONSENT AGENDA: PAGE TWO 179 2/4/02 Mr. Jack Cavalenes, 1043 Wicke Avenue, addressed the City Council stating that he has lived here for over 32 years; we are a middle class, working class community; when the City says they are going to disrupt their lives with a new development and the people object, they are called NIMBY (not in my backyard) ; they come to these meetings because there are issues that concern them and their lives; some of the Aldermen are NIMBYs themselves; remember these people are going to speak out and vote. Mr. Carmen Sarlo, 3051 Scott Street, addressed the City Council, and commended Police Chief Ryan as well as the Aldermen of the 2nd, 5th and 7th Wards. A resident at 480 North East River Road, addressed the city Council stating that a number of the Aldermen have an opportunity to right a wrong that was done two (2) weeks ago regarding 170 North East River Road; you exceeded your authority when you approved the Insignia project; if you want to avoid litigation, it is time to do what is morally and legally right. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he does a lot of walking; it is the best exercise; it is free of charge; he hasn't been able to walk on Lee Street because of the snow; people don't shovel their walks. A resident of Essex, Connecticut, addressed the City Council stating that he has been following the controversy about North East River Road; this is a special area for me; he is writing a book and is a poet; he loves this area; it reminds him of his hometown in Connecticut; he hates to see area loose its beauty. Mrs. Madlan McKernan, 1920 Andy Lane, addressed the City Council requesting that the City clean up all the snow piles left from the recent snow fall; they are not too busy now; she does want to commend the City for having the foresight to see that the streets were salted and plowed, but can't you now clean up the mess. A resident at 310 North East River Road addressed the City Council encouraging all of the Aldermen to rethink their decision regarding 170 North East River Road before it goes to court. Moved by Becker, seconded by Christiansen, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding acquisition of 1550 Park Place, 1552 Jefferson Street and other parcels within TIF #1 for this redevelopment plan; and further recommend to place on First Reading Ordinance M-11-02 -AS AMENDED, AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY CONDEMNATION OR OTHERWISE FOR THE REDEVELOPMENT PLAN AND PROJECT AREA NO. 1 (Downtown Redevelopment Area) . Motion declared carried. Alderman Sayad requested that Items 3 and 3a be removed from the Consent Agenda and Alderman Christiansen requested that Item 17 be removed. Moved by Sayad, seconded by Argus, to establish a Consent Agenda except for Items 3, 3a and 17. Motion declared carried. Moved by Becker, seconded by Argus, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 6-Christiansen, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Murphy Motion declared carried. Minutes were approved; Staff CON. AGENDA (Cont'd.) MINUTES: Consent Agenda LIQ. LIC./ 1535 ELLINWOOD: Ordinance M-9-02 IDFA BOND REIMBURSE./ PROCEEDS FOR VARIOUS PROJECTS: Consent Agenda Resolution R-13-02 INSTALLMENT CONTRACT FINANCING/ IDFA BONDS: Consent Agenda Ordinance M-10-02 PUBLIC IMPROVEMENTS/ LIS SUBDIV. 2293-2299 WEBSTER: Consent Agenda Resolution R-14-02 180 2/4/02 PAGE THREE recommendations and requests were approved; Ordinances M-2-02, M-3-02, M-4-02, M-5-02, M-6-02, M-7-02 and M-8-02 were adopted, Ordinance M-10-02 was placed on First Reading; and Resolutions R-13-02 and R-14-02 were adopted. Moved by Becker, seconded by Argus, to approve minutes of the regular meeting of the City Council held January 21, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to approve minutes of the Executive Session of the City Council held January 21, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to grant request for new Class A Tavern Liquor Dealers License for property located at 153 5 Ellinwood Street, d/b/ a Maria's Mexican Restaurant of Des Plaines; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M-9-02, AN ORDINANCE AMENDING TITLE V, "LICENSES" CHAPTER 34 "INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE NUMBER OF CLASS "E" LIQUOR LICENSES BY ONE TO REMOVE DAPPER'S, AND TO ADD ONE CLASS "A" LICENSE FOR MARIA'S HOSPITALITY CORPORATION, d/b/a MARIA'S MEXICAN RESTAURANT OF DES PLAINES LOCATED AT 1535 ELLINWOOD IN DES PLAINES, ILLINOIS. Motion declared carried. Moved by Becker, seconded by Argus, to concur with Staff recommendation to permit the City to reimburse itself from future proceeds of variable rate bonds through the Illinois Development Finance Authority (IDFA) for purchase of various equipment and services, i.e. new ambulance, dump trucks, water tank painting, salt dome, in the amount of $1,892,000; these costs are anticipated to incur before the issuance of the bonds; and further recommend to adopt Resolution R-13-02, A RESOLUTION OF THE CITY OF DES PLAINES, ILLINOIS DECLARING ITS OFFICIAL INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES FROM THE PROCEEDS OF FUTURE DEBT ISSUES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Installment Contract and Intergovernmental Financing Agreement for variable rate bonds from Illinois Development Finance Authority (IDFA) in the amount of $1,892,000, to be used to purchase various equipment and services, i.e. new ambulance, dump trucks, water tank painting, salt dome; and further recommend to place on First Reading Ordinance M-10-02 I AN ORDINANCE AUTHORIZING INSTALLMENT CONTRACT FINANCING. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to accept Public Improvements that include storm sewer, catch basin, public sidewalk and tree planting for Marie & Stanislaw Lis First Addition to Des Plaines Subdivision, 2293-2299 Webster Lane; authorize release of public improvement surety of $4, 324 (cash warranty of $2,162 to be held for 18 months); and further recommend to adopt Resolution R-14-02, A RESOLUTION APPROVING THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR THE LIS SUBDIVISION LOCATED AT 2293 THROUGH 2299 WEBSTER LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. LIQ. LIC./ 1440 RAND: Consent Agenda RENOVATION/ 2ND & 4TH FLOORS OF CIVIC CTR.: Consent Agenda FIRE STATION #1 REMODELING: Consent Agenda REPAIR OF P.W. SERVICE TRUCKS: Consent Agenda REJECT BIDS/ VARIOUS RADIO EQP.: Consent Agenda BID AWARD/ P.W. MAINT. TRUCK: Consent Agenda BID AWARD/ BLOOD PRESSURE MONITORS: Consent Agenda BID AWARD/ CERAMIC TILE FIRE STATION #1: Consent Agenda BID AWARD/ CAMERA SYSTEM: Consent Agenda 181 2/4/02 PAGE FOUR Moved by Becker, seconded by Argus, to concur with Staff recommendation to approve Change of Ownership for Class E Restaurant and Dining Room Liquor License for property located at 1440 W. Rand Road, d/b/a Jimmy's Restaurant and Pancake House; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation that Staff be authorized to employ a Pre- Qualifying Process for the selection of a General Contractor for the renovation/remodeling of the second and fourth floors of the Civic Center for the additional space required for the inclusion of the Village of Morton Grove and the Village of Niles into the City's current 9-1-1 Emergency Communications Center. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to accept proposal from Home Depot, 350 E. Kensington, Mt. Prospect, IL 60056, for the purchase and installation of cabinets, countertops, etc., for the remodeling project at Fire Station #1, 405 S. River Road, in the amount of $18, 862. 62/2002 Building Replacement Fund; and usual bid procedures be waived. Mot ion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to authorize repair of Service Truck #106's boom in the amount of $6,600/General Fund, by the manufacturer's authorized service representative, Mid- America Truck & Equipment Co., Inc., 625 S. Route 83 , Elmhurst, IL 60126. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to reject bids received on January 23 , 2002, for Various Radio Equipment because additional radio equipment is now needed and the specifications must be revised, and this equipment be re-bid at a later date . Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to award bid through the Illinois State Joint Purchase Program, Contract #4008296, for a Vehicle Maintenance Service Truck in the amount of $41,296/2002 CERF Funds, from Bob Ridings, Inc., 931 Springfield Road, Taylorville, IL 62568. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to award bid for Blood Pressure Monitors to the lowest bidder, Emergency Medical Products, 1711 Paramount Court, Waukesha, WI 53186, in the total bid amount of $8,736.44/2002 Fire Department Equipment Replacement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to award bid for Ceramic Tile for Fire Station #1, 405 w. River Road, to the lowest bidder, Carpet Values, 230 W. Northwest Highway, Mt. Prospect, IL 60056, in the total bid amount of $7,928/2002 Building Replacement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to award bid for a Pan/Tilt Camera System to the lowest bidder, MCSi, 621 Busse Road, Bensenville, IL 60106, in the total bid amount of $61, 095/Cable Services Division Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.~ ADVERTISING FOR BIDS: Consent Agenda 2002 STREET & UTILITY/ CONTRACT B: ADVERTISING FOR BIDS: Consent Agenda APPOINTMENT/ REAPPOINT. : Consent Agenda ORDINANCE M-2-02 ACQUIS. OF PROPERTY/ TIF #1: Consent Agenda ORDINANCE M-3-02 AMENDMENT/ SOLICITOR'S APPLICA.: Consent Agenda ORDINANCE M-4-02 ESTABLISH TAP-ON FEES: Consent Agenda 182 2/4/02 PAGE FIVE Moved by Becker, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2002 Street and Utility Improvements Contract A, returnable by 3:00 p.m., Wednesday, March 6, 2002. Motion declared carried as approved unanimously under Consent Agenda. Alderman Christiansen stated that he will be voting yes on advertising for bids for the 2002 Street and Utility Improvements -Contract B, but he would like the record to show that he is voting no on going out for bids for the Webster Lane Project, which is included in these improvements. Alderman Brookman stated that she agrees with Alderman Christiansen. Moved by Sayad, seconded by Becker, to concur with Staff that the City Clerk be authorized to advertise for bids for the 2002 Street and Utility Improvements -Contract B, returnable by 3:00 p.m., Wednesday, March 6, 2002. Motion declared carried. Aldermen Christiansen and Brookman voted no on going out for bid for the Webster Lane Project, which is included in these improvements. Moved by Becker, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Various Radio Equipment, returnable by 3:00 p.m., Wednesday, February 20, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to approve Mayoral appointment/reappointments, as follows: Appointment: KEEP DES PLAINES BEAUTIFUL COMMISSION Robert Phillips term to expire June 1, 2004 Reappointments: HUMAN RESOURCES AND SERVICES COMMISSION Barbara Blume, term to expire January 31, 2005 Corky Morales, term to expire January 31, 2005 Pam Surber, term to expire January 31, 2005 YOUTH COMMISSION Mary Clesen, term to expire December 1, 2004 Gloria Ludwig, term to expire December 1, 2004 SPECIAL EVENTS COMMISSION Lucille Adamick, term to expire August 31, 2004 Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to adopt Ordinance M-2-02, AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY CONDEMNATION OR OTHERWISE FOR THE REDEVELOPMENT PLAN AND PROJECT AREA NO. 1 (Downtown Redevelopment Area) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to adopt Ordinance M-3-02, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS II CHAPTER 46 I "REGISTRATION OF SOLICITORS II SECTION 4, "APPLICATION" TO ADD A NEW SUBSECTION "D" TO THE CITY CODE OF THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to adopt Ordinance M-4-02, AN ORDINANCE ADOPTING A NEW CHAPTER 24 "TAP-ON FEES" TO TITLE IX, "PUBLIC WAYS AND PROPERTY REGULATIONS; DEALING WITH SUBDIVISIONS; DEDICATIONS AND FLOOD PLAINS. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-5-02 TAP-ON FEE ALLOWANCE/ 2133 ELMIRA: Consent Agenda ORDINANCE M-6-02 LICENSE AGREEMENT/ 375 HAWTHORNE: Consent Agenda ORDINANCE M-7-02 LICENSE AGREEMENT/ 874 MARGRET: Consent Agenda ORDINANCE M-8-02 DISPOSAL OF LEAF LOAD.: Consent Agenda WARRANT REGISTER: FINANCIAL OVERVIEW: 183 2/4/02 PAGE SIX Moved by Becker, seconded by Argus, to adopt Ordinance M-5-02, AN ORDINANCE ADOPTING A TAP-ON FEE ALLOWANCE FOR 2133 ELMIRA IN ACCORDANCE WITH TITLE IX, "PUBLIC WAYS AND PROPERTY REGULATIONS; DEALING WITH SUBDIVISIONS; DEDICATIONS AND FLOOD PLAINS," CHAPTER 24 "TAP-ON FEES." Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to adopt Ordinance M-6-02, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A SERVICE WALK APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNER ROBERTO ACUNA AT 375 HAWTHORNE LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to adopt Ordinance M-7-02, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JOHN FRESON, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 874 MARGRET STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to adopt Ordinance M-8-02, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 9-23 -1. Motion declared carried as approved unanimously under Consent Agenda. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Argus, to recommend to the City Council approval of the February 4, 2002 - Warrant Register, in the total amount of $3,081,107.87; and further recommend that Resolution R-15-02 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad gave a brief overview of some financial matters, i.e. vehicle stickers -the City is aggressively going out to recoup the funds that were not collected in 2Oo1 for vehicle stickers; we will be going out at night and on the weekends to find the vehicles that do not have vehicle stickers; we estimate that between 12,000 and 15,000 cars do not have stickers; and revenues -there is a drug store and a car dealership leaving the City and there maybe others; he is going to have a meeting with the Finance Committee after the Audit has been completed to reevaluate the City's financial position; he plans to make a report to the City Council in April. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION SITE PLANS/ 382 s. MT. PROSPECT ROAD: WARRANT REGISTER: Resolution R-15-02 4TH OF JULY FIREWORKS: 170 NORTH EAST RIVER: PAGE SEVEN This matter was postponed on January 21, 2002 184 2 /4 /02 Alderman Sayad stated that he has met with the residents in the area and although he was not able to satisfy all their concerns, the petitioner has met all the legal requirements for this project. Moved by Sayad, seconded by Smith, to approve engineering site plans for expansion of the Faith Alliance Bible Church, 382 S. Mt. Prospect Road, as required in Ordinance Z-16-00, adopted by the City Council on August 21, 2000. Upon roll call, the vote was: AYES: 6-Christiansen, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais , Murphy Motion declared carried. Moved by Sayad, seconded by Christiansen , to concur with recommendation of Committee of the Whole to adopt Resolution R-15-02, 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: $3,081,107.87. Upon roll call, the vote was: AYES: 6-Christiansen, Sayad, Brookman, Becker, Smith , Argus NAYS : 0-None ABSENT: 2-Beauvais , Murphy Motion declared carried. Alderman Argus stated that the Des Plaines Historical Society has assumed the responsibility of planning the activities at Oakton Community College on July 4, 2002, following the parade , which includes the fireworks. Moved by Argus , seconded by Christiansen , at the specific direction of the City Council it would be in the best interest of the City to waive usual bid procedures and accept proposal from The Mad Bomber, P. o . Box 518, Kingsbury, IN 46345, for the fireworks display at Oakton Community College on July 4, 2002, in the amount of $16,000/Water Bill Donations -2002, 2003 and 2004. Alderman Sayad questioned why the City did not go out for bids ; do we know if we have the best price. Alderman Christiansen stated that originally the Special Events Commission was going to handle the activities at Oakton Community College including the fireworks, but the Commission has not had enough members to have quorums at their meeting; we are under a tight time frame, so the Des Plaines Historical Society said they would help plan the afternoon and evening events on that day; The Mad Bomber has done the fireworks for the past ten years or so and they are offering to hold their price for the next three (3) years; we did get another proposal but it was several thousand dollars more; we are under the gun . Upon roll call, the vote was: AYES: 6-Christiansen, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Murphy Motion declared carried . Alderman Becker asked leave of the City Council to change his vote from "AYE" to "NAY" to approve and adopt Ordinance A-1-01 -AS AMENDED, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES COOK COUNTY, ILLINOIS, AND GIVING PRELIMINARY APPROVAL TO THE PUD, FOR PROPERTY COMMONLY KNOWN AS 170 NORTH EAST RIVER ROAD. 170 RIVER (Cont'd.) ADJOURNMENT: 185 2/4/02 PAGE EIGHT The City Council unanimously agreed to permit Alderman Becker to change his vote. This change caused a tie in the vote, which then required the Mayor to vote. The Mayor voted no, which DEFEATED the motion to approve the annexation and preliminary approval of the PUD , and adopt Ordinance A-1-01. Moved by Christiansen, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:20 p.m. ~e~CITY CLERK APPROVED BY ME THIS d~