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12-15-2003071 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, DECEMBER 15, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 15, 2003. ROLL CALL: Roll call indicated the following aldermen present: Murphy, Sayad, Smith, Argus. Aldermen Beauvais, Christiansen, Brookman and Becker were absent. Alderman Becker arrived in Executive Session at 6:05 p.m. Alderman Christiansen arrived in Executive Session at 6:14 p.m. Alderman Brookman arrived in Executive Session at 6:20 p.m. Alderman Beauvais arrived in Executive Session at 6:35 p.m. Alderman Beauvais left the meeting at 9:42 p.m. Also present were: City Manager Niemeyer, Director of Finance Egeberg, Police Chief Prandini, Fire Chief Farinella, Director of Engineering Oakley, Deputy Director of Community Development Molinari, Director of Public Works Dusckett, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: PUBLIC HEARING/ 2004 APPROPRIAT . : CALL TO ORDER: Moved by Murphy, seconded by Argus, to go into Executive Session to discuss pending litigation, acquisition of real property -City of Chicago-O'Hare and personnel " Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Smith, Argus, Arredia NAYS: 0-None ABSENT: 4-Beauvais, Christiansen, Brookman, Becker Motion declared carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:03 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Reverend Dr. William Grice III, First Congregational Church of Des Plaines, followed by the Pledge of Allegiance. Mayor Arredia introduced Reverend Dr. William Grice III and Debra Walusiak, Community Resource Director of the Self-Help Closet & Pantry of Des Plaines, who presented a Certification of Appreciation to the City for its ongoing support such as financial contributions and food drives of the Self-Help Closet & Pantry to assist the needy in Des Plaines. Mayor Arredia introduced Traffic Unit Supervisor Police Sergeant Dougherty who present "Saved by the Belt" awards to non-offending drivers who were recently involved in a traffic accident and due to their wearing a seat belt prevented or diminished serious injury. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 15, 2003 Mayor Arredia called the Public Hearing to order at 7:18 p.m. The Public Hearing was being held pursuant to lega~ notice to give citizens the opportunity to comment on '\'' PUBLIC HEAR. (Cont'd.) DISCUSSION: PUBLIC HEARING/ CDBG REPORT: CITIZEN PARTICIPA. : 072 12/15/03 PAGE TWO the proposed Year 2004 Appropriations Ordinance for fiscal year beginning January 1, 2004, in the amount of $120,078,675. Director of Finance Egeberg gave a brief overview. Mayor Arredia asked for comments from the aldermen and the public. There were none. Further action on this matter under Cornrni ttee of the Whole -Item lb, this evening. The Public Hearing was adjourned at 7:19 p.m. The City Council reconvened at 7:20 p.m. Mayor Arredia announced that the Public Hearing for the Community Development Block Grant Annual Performance and Evaluation Report has been rescheduled for January 19, 2004, as well as approval of the Report (Items 18 and 18a under Consent Agenda this evening ) . Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that residents were not given proper notice of the meetings regarding the asphalt plant; he will be requesting an investigation of this matter. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the new club located behind Oli veti' s Restaurant is something for the City to be proud of; they play jazz and blues; it has a very sophisticated atmosphere; upper middle class; this is the kind of people we want in downtown Des Plaines. Mrs. Noreen Lake, 1538 Campbell Avenue, addressed the City Council as president of the Board of Trustees for the Des Plaines Library; use of the Library reached a milestone on December 3, 2003 when the one (1) millionth item was checked out; she thanked the Library Staff, the volunteers and the residents by being active library users. Alderman Christiansen stated that there is not enough time to have a contest through the schools for the vehicle sticker logo as approved by the City Council on December 1, 2003; the Friends of the Library are celebrating their 50th anniversary next year so he would like their logo used on the 2004-2005 vehicle sticker. Alderman Christiansen requested that the matter of using t he Friends of the Library logo on the 2004-2005 vehicl e stickers be placed on the Consent Agenda on January 5, 2004. Ms. Mary Ellicson, 38 9 Amherst Avenue, addressed the City Council stating her concern about the conduct of the City Council at the December 1, 2003 meeting and that of the people in the audience; the voting procedure went too fast; it should have been explained to the residents; we need to work together to have a more productive City Council meetings. Ms. Terry Nelson, 1330 Rand Road, addressed the City Council; she is also the president of the Illinois Mobile Home Owners Association, so she wears two (2) hats but her heart is as a resident; your decision will negatively impact the people living in the Touhy Mobile Home Park; it will also affect the whole City; please don't allow this plant 100' from these homes. Ms. Nicole Linstad, 438 W. Touhy Avenue, Lot #294, addressed the City Council and spoke against the variation at 320 W. Touhy Avenue and the conduct of of the aldermen at the meeting on this matter; there be noise, dust and traffic problems. some wil~ CITIZEN PART. (Cont'd.) PAGE THREE 073 12/15/03 Frank Weber (child), 416 W. Touhy Avenue, Lot #115, addressed the City Council asking why you made a decision when you don't have all the facts; if you need the money why don't you stop spending money you don't have on other things. Francisco Leija (child), 416 W. Touhy Avenue, Lot #128, addressed the City Council stating that Alderman Becker said this was a non-issue; would you or Alderman Murphy live here and have this in your backyard?; it is not nice to call people names. Raul Leija (child), 416 W. Touhy Avenue, Lot #128, addressed the City Council stating that we want the City Council to deliberate their decision. Mr. Daniel Aloisio, 2215 Birch Street, addressed the City Council stating that he has lived here for 27 years and there have been many, many issues during that time; he has his opinion and you have yours; he was embarrassed and appalled at what went on at the December 1st meeting; you need to act more professionally; we should respect each other. Ms. Paige Bates, 418 W. Touhy Avenue, Lot #131, addressed the City Council stating that she is here again to speak out against this asphalt plant; this could have been built elsewhere; you give more thought to a stop sign; there will be health hazards here; we will be boycotting this City. Mr. Roland Zierk, 412 W. Touhy Avenue, Lot #86, addressed the City Council stating that the aldermen would not want this asphalt plant in their backyard; you consider us second-class citizens so it is OK for us; there will be serious health hazards; you either don't care or don't understand, or both . Nick Montano (child), 420 W. Touhy Avenue, Lot #20, addressed the City Council stating that he likes living here. Bruce, who resides at 424 W. Touhy Avenue, Lot #180, addressed the City Council asking if the aldermen would like this plant next to their house; you should all be ashamed of yourselves; this was all fast-tracked by the City Council; you don't live by rules of ethics. Paul, who resides at 422 W. Touhy Avenue, Lot #184, addressed the City Council stating that he was appalled that people were not given the chance to speak about this issue; we are residents of Des Plaines; this should never have happened. Ms. Mary Zierk, 412 W. Touhy Avenue, Lot #86, addressed the City Council asking why they can't get justice; we help people; there should be justice for all; put this in your backyard. Mrs. Dolores Vels, 1019 E. Wicker Avenue, addressed the City Council stating that as a member of Des Plaines Citizens for Responsible Development her heart went out to the people that come here with their children who have asthma and how this plant will affect them; go visit the site where Plote now operates; most of you have ignored this; listen to the people. Mrs. Chris Zenner, 406 W. Touhy Avenue, Lot #36, addressed the City Council stating that she would like to applaud Alderman Brookman for her efforts to stop thi s project; why are you jeopardizing her daughter's heart. CITIZEN PART. (Cont'd.) SENIOR MGMT. COMPENSATION: ACQUIS. OF PROP./O'HARE AIRPORT- CH I CAGO: PEND. LITIG./ SWALLOW VS. HARDIN VS. CITY: CONSENT AGENDA: PAGE FOUR 074 12/15/03 Mr. Tom Dore, 606 Berkshire Lane, addressed the City Council thanking the aldermen for all the time they put in on the residents' behalf; he appreciates it; he was disappointed in one alderman during the December 1, 2003 meeting. Mr. Bill Maher, 872 Mason Lane, addressed the City Council stating that he wished he spoke as well as Mr. Dore; he wished everyone a Merry Christmas and a Happy New Year and thank the aldermen for their service. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that the original issue with Plote was the height variation; they did not need the City's permission to build there, just the variation; he can't believe any alderman would put a child in danger; he would suggest the aldermen follow Council rules. Ms. Joan Blackmore, 434 W. Touhy Avenue, Lot #272, addressed the City Council stating that tonight she learned that freedom of speech is not dead; we spend our money in Des Plaines; we should be heard. Mr. Joe Bagdonas, 400 W. Touhy Avenue, Lot #456, addressed the City Council and spoke in great detail about the grading of the property when it was owned by MC Steel and his efforts to have it corrected; he is calling for the resignation of the City Attorney. Moved by Sayad, seconded by Becker, to concur with majority agreement in Executive Session to approve the following senior management compensation plan: --general wage increases afforded to other employee groups would not apply to the actual salaries of senior management employees, only their respective salary ranges; and --merit increases and/or bonuses would be the sole source of any increase in compensation for senior management employees, based upon his or her annual performance review; and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Say ad, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding acquisition of real property/O'Hare Airport Expansion -City of Chicago. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Argus, seconded by Murphy, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding pending litigation/Swallow Construction Corporation vs. Hardin Paving Company vs. City. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Alderman Sayad requested that Items 17 and 17a be removed from the Consent Agenda (Items 18 and 18a were removed earlier in the meeting) . Moved by Beauvais, seconded by Sayad, to Consent Agenda except for Items 1 7, 1 7 a, Motion declared carried. establish a 18 and 18~ CONSENT AGEN. (Cont'd.) MINUTES: Consent Agenda ABATEMENT/ YEAR 2003A & 2003C BONDS: Consent Agenda Ordinance M-88-03 ABATEMENT/ YEAR 2003B GO BONDS: Consent Agenda Ordinance M-89-03 ABATEMENT/ YEAR 20030 GO BONDS: Consent Agenda Ordinance M-90-03 ABATEMENT/ YEAR 2002A GO BONDS: Consent Agenda Ordinance M-91-03 ABATEMENT/ YEAR 2001 GO BONDS: Consent Agenda Ordinance M-92-03 PAGE FIVE 075 12/15 /03 Moved by Murphy, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-83-03, M-84-03, M-85-03 and M-86-03 were adopted; Ordinances M-88-03, M-89-03, M-90-03, M-91-03, M-92-03, M-93-03, M-94-03, M-95-03, M-96-03, M-97-03, M-98-03, M- 99-03, Z-39-03 and Z-40-03 were placed on First Reading; and Resolutions R-128-03, R-131-03 and R-132-03 were adopted. Moved by Murphy, seconded by Brookman, to approve minutes of the regular meeting of the City Council held December 1, 2003, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2003A and Year 2003C General Obligation Corporate Purpose Bonds in the amount of $511,884.39 for Series 2003A and $124,207.50 for Series 2003C, as provided in Ordinance M-43-03; and further recommend to place on First Reading Ordinance M-88-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A AND SERIES 2003C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2003B General Obligation Corporate Purpose Bonds in the amount of $49,323.47, as provided in Ordinance M-45-03; and further recommend to place on First Reading Ordinance M- 89-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE REFUNDING BONDS, SERIES 2003B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2003D General Obligation Corporate Purpose Bonds in the amount of $262,052.50, as provided in Ordinance M-58-03; and further recommend to place on First Reading Ordinance M- 90-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2003 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2002A General Obligation Corporate Purpose Bonds in the amount of $431,471.58, as provided in Ordinance M-28-02; and further recommend to place on First Reading Ordinance M- 91-03, ABATEMENT OF THE 2003 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2002A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2001 General Obligation Corporate Purpose Bonds in the amount of $368,655, as provided in Ordinance M-30-01; and further recommend to place on First Reading Ordinance M- 92-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ YEAR 2001B & 2001C BONDS: Consent Agenda Ordinance M-93-03 ABATEMENT/ YEAR 2000 GO BONDS: Consent Agenda Ordinance M-94-03 ABATEMENT/ YEAR 1999 GO BONDS: Consent Agenda Ordinance M-95-03 ABATEMENT/ YEAR 1998 GO BONDS: Consent Agenda Ordinance M-96-03 ABATEMENT/ YEAR 1997A, 1997B & 1997C BONDS: Consent Agenda Ordinance M-97-03 ABATEMENT/ YEAR 19970 GO BONDS: Consent Agenda Ordinance M-98-03 ABATEMENT/ YEAR 1996A & 1996B BONDS: Consent Agenda Ordinance M-99-03 PAGE SIX 076 12/15 /03 Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2001B and Year 2001C General Obligation Corporate Purpose Bonds in the amount of $160,000 for Series 2001B and $265,475 for Series 2001C, as provided in Ordinance M-72-01; and further recommend to place on First Reading Ordinance M- 93-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B AND SERIES 2001C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2000 General Obligation Corporate Purpose Bonds in the amount of $412,992, as provided in Ordinance M-25-00; and further recommend to place on First Reading Ordinance M- 94-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 1999 General Obligation Corporate Purpose Bonds in the amount of $895,218, as provided in Ordinance M-6-99; and further recommend to place on First Reading Ordinance M-95-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 1999 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 1998 General Obligation Corporate Purpose Bonds in the amount of $1, 753, 324, as provided in Ordinance M-24-98; and further recommend to place on First Reading Ordinance M- 96-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 1998 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 1997A, Year 1997B and Year 1997C General Obligation Corporate Purpose Bonds in the amount of $149,156 for Series 1997A and $250,445 for Series 1997B, as provided in Ordinance M-36-97; Series 1997C was refunded with the 2003D Bond (see Ordinance M-90-03); and further recommend to place on First Reading Ordinance M-97-03, ABATEMENT OF THE 2003 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. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 19970 General Obligation Corporate Purpose Bonds in the amount of $779,070, as provided in Ordinance M-60-97; and further recommend to place on First Reading Ordinance M- 98-03, ABATEMENT OF THE 2003 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 1996A and Year 1996B General Obligation Corporate Purpose Bonds in the amount of $688,800 for Series 1996A and $73,290 for Series 1996B, as provided in Ordinance M-64-96; and further recommend to place on First Reading Ordinance M- 99-03, ABATEMENT OF THE 2003 TAX LEVY FOR GENERAL OBLIGATION PURPOSE BONDS, SERIES 1996A, SERIES 1996B. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 03-64-V VARIATION/ 1330 HARDING: Consent Agenda Ordinance Z-39-03 ZONING CASE 03-67-V 14 KING: Consent Agenda Ordinance Z-40-03 MFT FUND ABATEMENT/ 1996A BONDS: Consent Agenda Resolution R-128-03 LEASE AGREE./ POLICE RES. CENTER, 1926 & 1928 TOUHY: Resolution R-129-03 PAGE SEVEN 077 12 /15/03 Moved by Murphy, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals , re Zoning Case 03-64-V, to permit construction of one (1) additional dwelling unit on a lot with two (2) existing dwelling units and a total lot area of $6 ,296 sq . ft. instead of the required 8,400 sq. ft.; permit a s i deyard setback of 2.74'; and permit a reduction of the required off-street parking spaces from five (5) cars to three (3) cars, on property located at 1330 Harding Avenue in R-3 Townhouse Residential District; and further recommend to place on First Reading Ordinance Z-39-03. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-39-03 , AN ORDINAN CE AUTHORIZING A VARIATION TO SECTION 7. 2-6, SECTION 7 . 2-6D, AND SECTION 9. 7 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT CONSTRUCTION OF A GARDEN APARTMENT WITHIN A R-3 TOWNHOUSE RESIDENTIAL DISTRICT AT 1330 HARDING AVENUE IN DES PLAINES, ILLINOIS (CASE 03-64-V ). Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 03-67-V, to permit construction of a 6' high privacy fence in the front yard along Mt. Prospect Road, instead of the permitted 4' high, 50% open fence, on property located at 14 King Lane in R-1 Single Family Residential District; and further recommend to place on First Reading Ordinance Z-40-03. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-40-03, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-lB. AND 8.2-6A . OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 6 FOOT, 100% SOLID FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 5 0 % OPEN FENCE AT 14 KING LANE , DES PLAINES , ILLINOIS (CASE 03-67-V). Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to execute the State of Illinois Department of Transportation's (IDOT) "Obligation Retirement Resolution" for the abatement of 1996A General Obligation Refunding Bonds in the amount of $200,000 as provided in Ordinance M-64-96, from the City's allotment of Motor Fuel Tax Funds; and further recommend to adopt Resolut i on R-128-03, A RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION "OBLIGATION RETIREMENT RESOLUTION" FOR THE PURPOSE OF ABATING THE 2003 PROPERTY TAX LEVY FOR THE 1996A GENERAL OBLIGATION BOND. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authori zed to execute Commercial Lease with Bill Karambenis, 193 0 E. Touhy Avenue, to provide space for a Police Neighborhood Resource Center (PNRC) at 1926 and 1928 E. Touhy Avenue for a period of five (5) years beginning March 1, 2003 and ending February 29, 2008, at monthly fee of $2,100 for 2003-2004, $2,200 for 2004-2005, $2,300 for 2005-2006, $2, 400 for 2006-2007, and $2 , 500 for 2007-~ R-129-03 (Cont'd.) CDBG ANNUAL PERF. & EVAL. REPORT: Resolution R-130-03 VEH. ENFORCE. AGREEMENT/ 2074 MANNHEIM: Consent Agenda Resolution R-131-03 VEH. ENFORCE. AGREEMENT/ D.P. PARK DISTRICT: Consent Agenda Resolution R-132-03 DENIAL/6b TAX CLASSIF./ 333 TOUHY: Consent Agenda HIRING OF CD DIRECTOR: Consent Agenda PAGE EIGHT 078 12/15/03 2 0 0 8 /Budgeted Funds; and further recommend to adopt Resolution R-129-03, A RESOLUTION AUTHORIZING THE EXECUTION OF A "COMMERCIAL LEASE" BETWEEN BILL KARAMBENIS "LESSOR," AND THE DES PLAINES POLICE DEPARTMENT "LESSEE ," FOR THE FIVE-YEAR LEASE OF THE POLICE NEIGHBORHOOD RESOURCE CENTER LEASE AT THE PREMISES LOCATED AT 1926 AND 1928 E. TOUHY AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. As announced earlier in the evening, approval of t h e Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG ) Program Year -October 1, 2002 to September 30, 2003, and the approval of Resolution R-130-03 has been rescheduled for January 19, 2003. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Agreement for Enforcement o f Municipal Ordinances on Private Property with Afco Products, Inc., for police, traffic and parking enforcement on property located at 2074 Mannheim Road ; and further recommend to adopt Resolution R-131-03, 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 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND AFCO PRODUCTS, INC. LOCATED AT 2074 MANNHEIM ROAD , DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Agreement for Enforcement of Municipal Ordinances on Private Property with Des Plaines Park District, 2222 Birch Street, for police, traffic and parking enforcement on all properties occupied by Des Plaines Park District located in Des Plaines; and further recommend to adopt Resolution R-132-03, 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 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND DES PLAINES PARK DISTRICT FOR ALL PROPERTIES OCCUPIED BY DES PLAINES PARK DISTRICT LOCATED IN DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to deny request from Displaycraft and Travel Caddy/Champion for renewal of Cook County 6b property tax classification granted to them on November 20, 1995 (Resolution R-68-95), for property located at 333 Touhy Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that City Manager be authorized to begin the process for the hiring of Director of Community Development. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-83-03 YEAR 2003 TAX LEVY/ SPEC. SVS. AREA #3: Consent Agenda ORDINANCE M-84-03 YEAR 2003 TAX LEVY/ SPEC. SVS. AREA #4: Consent Agenda ORDINANCE M-85-03 YEAR 2003 TAX LEVY/ SPEC. SVS. AREA #5: Consent Agenda ORDINANCE M-86-03 LIQ. LIC./ 1141 LEE: Consent Agenda WARRANT REGISTER: 2004 APPROPRIA. : PAGE NINE 079 12/15/03 Moved by Murphy, seconded by Brookman, to adopt Ordinance M-83-03, 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, 2004 AND ENDING DECEMBER 31, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to adopt Ordinance M-84-03, 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, 2004 AND ENDING DECEMBER 31, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to adopt Ordinance M-85-03, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to adopt Ordinance M-86-03, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5, "NUMBER OF LICENSES LIMITED" OF THE CITY CODE OF DES PLAINES TO ADD ONE CLASS A LIQUOR LICENSE FOR VITOSHA 65, INC. D/B/A MEHANA RESTAURANT, LOCATED AT 1141 LEE STREET, DES PLAINES, ILLINOIS. 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 Murphy, to recommend to the City Council approval of the December 15, 2003 - Warrant Register, in the total amount of $2,541,529.06; and further recommend that Resolution R-133-03 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Egeberg gave a brief review of the proposed 2004 Appropriations; Staff is recommending that the ordinance be placed on First Reading at appropriate time this evening and that Staff be authorized to continue to operate their departments at the 2003 budget amounts until final approval of the ordinance. Moved by Christiansen, seconded by Becker, to concur with Staff and recommend to the City Council to accept the proposed 2004 Appropriations in the amount of $120,078,675; Staff be authorized to continue to operate their departments at the 2003 budget amounts until final approval of the ordinance; and further recommend that Ordinance M-100-03 be placed on First Reading at appropriate time this evening. Motion by Alderman Brookman to separate the motion DIED FOR LACK OF A SECOND. APPROPRIA. (Cont'd.) WATER RATE INCREASE/ CITY OF CHICAGO: LIQ. LIC./ 1186 LEE: FINAL PLAT/ SOLADZ SUBDI. 1779 CORA: Reconsider- ation ORDINANCE M-87-03 2003 TAX LEVY -AS AMENDED: WARRANT REGISTER: Resolution R-133-03 vuv 12/15/03 PAGE TEN Moved by Murphy, seconded by Christiansen, to call for the question. Motion declared carried. Alderman Brookman voted no. Motion declared carried on the original motion. Alderman Brookman voted no. Alderman Brookman stated that she is voting no on the 2004 Appropriations, but yes on Staff being authorized to operate at the 2003 budget amounts. Moved by Christiansen, seconded by Becker, t o concu r with Staff and recommend to the City Council to approve a two- year water rate increase beginning January 1, 2004 a t $2.710 and January 1, 2005 at $2.839 per 100 cubic f eet of consumption to cover the cost of the recent water rate increase by the City of Chicago; and further recommend to place on First Reading Ordinance M-101-03 at appropriate time this evening. Motion declared carri ed. Aldermen Murphy and Brookman voted no. LEGAL & LICENSING -Alderman Smith, Chair Petitioners Jesus and Maria Perez were sworn in by City Clerk McAllister and gave testimony before the Committee of the Whole regarding their request for a new Class H-1 Beer and Wine Only Liquor License for property located at 1186 Lee Street. Moved by Becker, seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council to approve a new Class H-1 Beer and Wine Only Liquor License for property located at 1186 Lee Street, d/b/a El Mariachi Restaurant; contingent upon verification of fingerprints; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Argus, seconded by Becker, to RECONSIDER motion approved by the City Council on November 3, 2003, as follows: "Moved by Argus, seconded by Christiansen, to DENY approval of Final Plat for Roman Zoladz Subdivision, 1779 Cora Street.n Motion declared carried. Alderman Christiansen voted no. Moved by Becker, seconded by Argus, to adopt a SUBSTITUTE MOTION to approve Final Plat for Roman Zoladz Subdivision, 1779 Cora Street with three (3) 50' lots; and Mayor and City Clerk be authorized to execute same. Motion declared carried. Moved by Sayad, seconded by Smith, to adopt Ordinance M- 87-03 -AS AMENDED, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004. Upon roll call, the vote was: AYES: 5-Christiansen, Sayad, Becker, Smith, Argus NAYS: 2-Murphy, Brookman ABSENT: 1-Beauvais Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-133-03, BE IT RESOLVED BY THE CITY COUNC IL 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: $2,541,529.06. Upon roll call, the vote was: ~ R-133-03 (Cont'd.) 2004 APPROPRIA. : Ordinance M-100-03 WATER RATE INCREASE/ CITY OF CHICAGO: Ordinance M-101-03 LIQ. LIC./ 1186 LEE: ADJOURNMENT: PAGE ELEVEN AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. 081 12/15 /0 3 Moved by Sayad, seconded by Smith, to concur with recommendation of Committee of the Whole to accept the proposed 2004 Appropriations in the amount of $120,078,675; Staff be authorized to continue to operate their departments at the 2003 budget amounts until final approval; and further recommend to place on First Reading Ordinance M-100-03, 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, 2004 AND ENDING DECEMBER 31, 2004. Upon rol l call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried (further action on this matter under Unfinished Business on January 19, 2004). Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve a two-year water rate increase beginning January 1, 2 0 04 at $2.710 and January 1, 2005 at $2.839 per 100 cubic feet of consumption to cover the cost of the recent water rate increase by the City of Chicago; and further recommend to place on First Reading Ordinance M-101-03, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES" CHAPTER 1, "WATER SYSTEM REGULATIONS" SECTION 7, "RATES" TO INCREASE WATER RATES. Upon roll call, the vote was: AYES: 5-Christiansen, Sayad, Becker, Smith, Argus NAYS: 2-Murphy, Brookman ABSENT: 1-Beauvais Motion declared carried (further action on this matter under Unfinished Business on January 5, 2004 ). Moved by Smith, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve a new Class H-1 Beer and Wine Only Liquor License for property located at 1186 Lee Street, d/b/a El Mariachi Restaurant; 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 5, 2004 ). Moved by Becker, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:40 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS DAY OF~-=~~-=~----=-=~\~~-' 2004 Anthony W. Arredia, MAYOR