03-17-2003.10~
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, MARCH 17, 2003 .,,.-,
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 7:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, March 17, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Sayad, Brookman, Becker, Smith,
Argus. Alderman Murphy was absent.
Also present were: Director of Finance Egeberg, Police Chief Ryan, Deput y
Fire Chief Heavey, Assistant Director of Engineering Duddles, Director
of Public Works Dusckett, Deputy Director of Community Development
Molinari, 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 Pastor Charles L. Reid,
Bethesda Worship Center, followed by the Pledge of
Allegiance.
Mayor Arredia presented plaques of appreciation to
Firefighter James Heavey and Police Officer Matt Hicks
for their outstanding service to the City during 2002.
Alderman Sayad introduced Elk Grove High School student
and Fourth Ward resident, Jonathan Murphy, who has been
selected to be on the Illinois State Baskeball Team at
the seventh annual Down Under Hoops Classic in Australia.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that there should be debates held here
in City Hall with all the candidates running for office;
it could be on cable TV and then replayed for those who
could not be at the debates; this should be considered
for the next election in two (2) years.
Mr. Eldon Burk, 661 Walnut Court, addressed the City
Council urging everyone to attend the last event of the
year-long celebration of Maine Township High Schools'
lOOth years of excellence in education; it will be an
all-Maine concert to be held Wednesday, April 2, 2003 at
Maine East High School at 7:30 p.m. Mr. Burk also
encouraged everyone to attend a fundraiser at the Library
on Saturday, April 5, 2003, to raise money to finish the
Heritage Room at the Library.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council questioning why the Sewer Lateral Program was cut
by 80%; there were no public hearings on this matter; the
citizens should be notified when programs are being cut
and why; the Sewer Lateral Program should be reinstated.
Alderman Brookman requested that Items 2, 2a and 13;
Alderman Beauvais requested that Items 3 and 3a be
removed; Alderman Smith requested that Items 5 and Sa b e
removed; and Alderman Christiansen requested that Item
8 be removed.
Moved by Beauvais, seconded by Becker,
Consent Agenda except for Items 2, 2a,
and 13. Motion declared carried.
to establish a
3, 3a, 5, 5a, 8
CON. AGENDA
(Cont'd. )
MINUTES:
Consent
Agenda
DEPUTY FIRE
CHIEF HIRING
PROCESS:
Ordinance
M-13-03
SIDEWALK
CONSTRUCTION
ESCROW
ACCOUNT:
Ordinance
M-14-03
LICENSE
AGREEMENT/
1051
LISMORE DR. :
Consent
Agenda
Ordinance
M-15-03
LOBBYIST
AGREEMENT/
ALL-CIRCO. :
Resolution
R-30-03
.l /U
3/17/03
PAGE TWO
Moved by Sayad, seconded by Argus, to approve the Consent
Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Murphy
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinance Z-
4-03 was adopted; Ordinance M-15-03 was placed on First
Reading; and Resolutions R-31-03 and R-32-03 were
adopted.
Moved by Sayad, seconded by Argus, to approve minutes of
the regular meeting of the City Council held March 3,
2003, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Sayad, to concur with
Staff recommendation to amend Title III, Chapter 2,
Section 4 -"Deputy Fire chief" of the City Code to add
that the position of Deputy Fire Chief(s), exempt from
the Board of Fire and Police Commissioners' jurisdiction,
be also hired from the rank of Division/Battal ion
Commander; and further recommend to place on First
Reading Ordinance M-13-03, AN ORDINANCE AMENDING TITLE
III "DEPARTMENTS," CHAPTER 2 "FIRE DEPARTMENT," SECTION
4 "DEPUTY FIRE CHIEF" TO ADD DIVISION/BATTALION COMMANDER
LANGUAGE. Motion declared carried. Alderman Brookman
abstained.
Moved by Beauvais, seconded by Becker, to POSTPONE until
April 7, 2003, discussion on amending Title VIII, Chapter
1, Section 8-1-lA -"Installation of Sidewalks" of the
City Code, to ADD a new Section 8-1-lB to create a
Sidewalk Escrow Account in lieu of construction in
isolated areas where it is not practical to immediately
construct a sidewalk, at a cost of $5 per square foot
with an annual increase of 5% to keep pace with
inflation; and if said amount is not used for sidewalk
construction within seven (7) years of deposit; it shall
be placed in the General Fund; and placing on First
Reading Ordinance M-14-03. Motion declared carried.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to grant request to permit construction
of a 13' x 19' brick paver driveway apron in the City-
owned right-of-way adjacent to property located at 1051
Lismore Drive; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-15-03,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH
IN THE PUBLIC RIGHT-OF-WAY WITH OWNERS VITO AND MARIA
DALMAZZIO, 1051 LISMORE DRIVE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to authorize Mayor and City Clerk to
execute "Agreement for Services" with All Circo, Inc.,
111 W. Washington Street, Suite 1920, Chicago, IL 60602,
to serve as a lobbyist for the City, for a fee of
$60,000/Budgeted Funds, retroactively from November ·1,
2002 through November 1, 2003; and further recommend to
adopt Resolution R-30-03, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN ALL-CIRCO, INC. AND
THE CITY OF DES PLAINES FOR LOBBYIST SERVICES FOR THE
CITY OF DES PLAINES. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus
NAYS: 2-Brookman, Smith
ABSENT: 1-Murphy
Motion declared carried.
CONTRACT
EXTENSION/
MAINT. OF
STREET-LIGHTS
& WIRING:
Consent
Agenda
Resolution
R-31-03
AGREEMENT/
WISCONSIN
CENTRAL
MANNHEIM &
HIGGINS:
Consent
Agenda
Resolution
R-32-03
LIQ. LIC./
1881 OAKTON:
FINAL PLAT/
DELGADO'S
SUBDIVISION
1460
WEDGEWOOD:
Consent
Agenda
REJECT BIDS/
EMERG. VEH.
PRIOR. SYS. :
Consent
Agenda
BID AWARD/
2003 STREET
REHABIL. -
CONTRACT 1:
Consent
Agenda
171
3/17/03
PAGE THREE
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to approve one-year contract extensio n
with Mildred Electric, d/b/a H&H Electric, 2830 Commerce
Street, Franklin Park, IL 60131 (originally approved b y
the City Council on January 21, 2002), for Repair and
Utility Location of Public Street Lights and Underground
Wiring, at the rate of $61 per hour -7:00 a.m. to 3 :30
p.m., and $91.50 per hour -3:30 p.m. to 7:00 a.m./200 3
Street Services Fund; and further recommend to adopt
Resolution R-31-03, A RESOLUTION AUTHORIZING THE
EXECUTION OF A CONTRACT EXTENSION BETWEEN THE CITY OF DES
PLAINES AND MILDRED ELECTRIC d/b/ a H&H ELECTRIC FOR
REPAIR AND UTILITY LOCATION OF PUBLIC STREET LIGHTS AND
UNDERGROUND WIRING FOR THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute "Agreement for Construction and Maintenance
of an Underground Electric Wire Line for Metering
Station" with Wisconsin Central Ltd., 6250 N. River Road,
Suite 9000, P.O. Box 5062, Rosemont, IL 60017, to permit
the City to construct and maintain an underground
electric wire line for City's water metering station at
the Mannheim/Higgins Rosemont Metra Station, for a one -
time license fee of $3,000/Water Fund and an engineeri n g
fee of $500 (already paid); and further recommend t o
adopt Resolution R-32-03, A RESOLUTION AUTHORIZING THE
EXECUTION OF AN "AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF AN UNDERGROUND ELECTRIC WIRE LINE FOR
METERING STATION" BETWEEN CANADIAN NATIONAL, WISCONSIN
CENTRAL DIVISION AND THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Sayad, that the matter
of the location and maintenance of the garbage dumpste r
at 1881 Oakton Street, be referred to the Communit y
Development Committee for review and report. Motion
declared carried.
Moved by Christiansen, seconded by Sayad, to concur with
Mayoral recommendation and grant request for Change o f
Ownership for Class A Tavern Liquor Dealers License f or
property located at 1881 Oakton Street, d/b/a Lam's
Place; contingent upon verification of fingerpri n t s.
Motion declared carried.
Moved by Sayad,
recommendation of
Final Plat for
Wedgewood Avenue;
to execute same.
unanimously under
seconded by Argus, to concur with
Des Plaines Plan Commission to approve
Delgado's Seventh Subdivision, 1460
and Mayor and City Clerk be authorized
Motion declared carried as approved
Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to reject all bids received on February
27, 2003, for 2003 Emergency Vehicle Priority System;
Staff be authorized to redesign the bid specifications
and this project be rebid at a later date. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to award bid for 2003 Street
Rehabilitation Contract 1, to the lowest bidder,
Chicagoland Paving Contractors, Inc., 225 Telser Road,
Lake Zurich, IL 60047, in the total bid amount of
$1,248,197.25/General Improvement Fund. Motion declared
carried as approved unanimously under Consent Agenda.
ADVERTISING
FOR BIDS:
Consent
Agenda
ADVERTISING
FOR BIDS/
FENCE ALONG
ELLINWOOD:
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
Z-4-03
SIGNS/MULTI-
FAMILY BUILD.
& PETITIONS:
Consent
Agenda
WARRANT
REGISTER:
UPDATE/
BUSINESS REG.
CERTIFICATE
PROGRAM:
POLICY/
PROPERTY TAX
APPEALS:
PAGE FOUR
172
3/17/03
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for Demolition of Storage Garage at Public Works
Facility, 1111 Joseph J. Schwab Road, returnable by 3:00
p.m., Wednesday, April 9, 2003. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Becker, to POSTPONE until
April 21, 2003, discussion on authorizing the City Clerk
to advertise for bids for Purchase & Installation of a
Five-Foot Bronze Aluminum Fence along Ellinwood Street,
south of the METRA train tracks, between Des Plaines-
River Road (east end) and Graceland Avenue (west end).
Motion declared carried.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for 2003 Public Works Street Resurfacing
Program, returnable by 3:00 p.m. Wednesday, April 9,
2003. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for 2003 Concrete Improvements, returnable by
3:00 p.m., Thursday, April 17, 2003. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to adopt Ordinance Z-
4-03, AN ORDINANCE AMENDING THE DES PLAINES ZONING
ORDINANCE TO ADD LANGUAGE TO SECTION 3.6-6, "STANDARD
VARIATIONS," AND SECTION 9.6-9, "SIGNS FOR MULTI-FAMILY
BUILDINGS." 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 Becker, to recommend
to the City Council approval of the March 17, 2003 -
Warrant Register, in the total amount of $2,357,199.29;
and further recommend that Resolution R-33-03 be adopted
at appropriate time this evening. Motion declared
carried.
Director of Finance Egeberg gave an update of the
Business Regulation Certificate Program and the impact
of the enforcement and regulatory changes that were made
in 2001 and 2002 to this program; data shows that 2,431
businesses were initially billed for the regulation
certificate fee in 2002; based on the stepped-up
enforcement that occurred throughout 2002, an additional
124 businesses were billed in 2003; revenue generated
from this fee increased from $473,800 in 2001 to $551,400
in 2002.
LEGAL & LICENSING -Alderman Smith, Chair
City Attorney Wiltse stated that a process for reducing
property taxes has recently gained increased popularity
with property owners, including large commercial property
owners; they can petition the Property Tax Appeal Board
to reduce their assessed valuation and thereby lower
their property taxes, which reduces the amount of the
property tax revenue received by all taxing bodies.
PROPERTY TAX
(Cont'd. )
ORDINANCE
Z-6-03
TEXT AMEND./
ACCESSORY
DRIVE-THROUGH
BANK:
ORDINANCE
M-16-03
LIQ. LIC./
1425
ELLINWOOD:
ORDINANCE
Z-7-03
FINAL PUD
APPROVAL/
PRAIRIE AND
FIRST:
PAGE FIVE
173
3/17/03
City Attorney Wiltse stated that the Staff is
recommending that the City adopt a policy of protesting
such appeals.
Moved by Becker, seconded by Beauvais, to recommend to
the City Council that Staff be authorized to protest
property tax appeals for changes in assessed valuation
over $100, 000, if warranted; and contact other
governmental entities for their cooperation in protesting
these appeals; and Staff also be authorized to contact
specialized attorneys to the extent it may be necessary;
such cost, if any, would be from budgeted funds for
outside legal services. Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Argus, to adopt Ordinance
Z-6-03, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE
CITY OF DES PLAINES ZONING CODE SECTION 7.3-5-C,
"CONDITIONAL USES, C-2 LIMITED OFFICE COMMERCIAL
DISTRICT" TABLE 7.3-1 (COMMERCIAL DISTRICTS USE MATRIX)
(CASE 03-09-A). Upon roll call, the vote was:
AYES: 5-Christiansen, Sayad, Becker Smith, Argus
NAYS: 2-Beauvais, Brookman
ABSENT: 1-Murphy
Motion declared carried.
Moved by Becker, seconded by Smith, to place on First
Reading Ordinance M-16-03. Motion declared carried.
Alderman Christiansen voted no.
Moved by Smith, seconded by Becker, to advance to Second
Reading and adopt Ordinance M-16-03, AN ORDINANCE
AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 34
"INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATIONS"
OF THE CITY CODE OF DES PLAINES, TO INCREASE THE CLASS
B AND CLASS B-1 LIQUOR LICENSES BY ONE TO EL MEXICO
GROCERY STORE, LOCATED AT 1425 ELLINWOOD IN DES PLAINES,
ILLINOIS. Upon roll call, the vote was:
AYES: 6-Beauvais, Sayad, Brookman
Becker, Smith, Argus
NAYS: 1-Christiansen
ABSENT: 1-Murphy
Motion declared carried.
Moved by Becker, seconded by Sayad, to place on First
Reading Ordinance Z-7-03, AN ORDINANCE GRANTING FINAL
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR PHASES
I, II, AND III, CONSISTING OF 25 TOWNHOUSE UNITS; AND A
REZONING CLASSIFICATION FROM C-1, NEIGHBORHOOD SHOPPING
TO R-3, TOWNHOUSE RESIDENTIAL; AND VARIOUS EXCEPTIONS TO
THE PUD PREREQUISITES AND PERMITTED EXCEPTIONS, ALL AT
THE DEVELOPMENT COMMONLY REFERRED TO AS PRAIRIE CORNERS
AT FIRST AND PRAIRIE AVENUES (CASE 00-33-PUD) .
Alderman Brookman stated that sprinklers should be
installed throughout this development to protect the
residents and the firefighters too.
Moved by Brookman, seconded by Beauvais, to adopt a
SUBSTITUTE MOTION and recommend to the City Council that
Ordinance Z-7-03 be amended to require that all units
and common areas be sprinklered in the Planned Unit
Development at First and Prairie Avenues, re Case 00-33-
PUD. MOTION DECLARED FAILED. Alderman Brookman voted
yes.
Motion declared carried on the original motion.
Aldermen Beauvais, Christiansen and Brookman voted no.
~
WARRANT
REGISTER:
Resolution
R-33-03
POLICY
PROPERTY TAX
APPEALS:
AJOURNMENT:
1/4
3/17/0 3
PAGE SIX
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adop t
Resolution R-33-03, 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 AN D
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$2,357,199.29. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Murphy
Motion declared carried.
Moved by Smith, seconded by Argus, to concur with
recommendation of Committee of the Whole that Staff be
authorized to protest property tax appeals for changes
in assessed valuation over $100,000, if warranted; and
contact other governmental entities for thei r
cooperation in protesting these appeals; and Staff also
be authorized to contact specialized attorneys to the
extent it may be necessary; such cost , if any, would be
from budgeted funds for outside l egal services. Motion
declared carried.
Moved by Becker, seconded by Sayad, that the regul a r
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 8:23 p.m.
Donna McAllister, MMC CITY CLERK
//
' 2003
Antho~y W. Arredia, MAYOR