Loading...
02-02-2004102 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, FEBRUARY 2, 2004 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 Civic Center on Monday, February 2, 2004. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, Argus. Alderman Beauvais arrived in Executive Session at 6:34 p.m. Alderman Brookman arrived at 7:00 p.m. Also present were: City Manager Niemeyer, Assistant City Manager- EDC Director Schneider, Director of Finance Egeberg, Deputy Police Chief Schneider, Fire Chief Farinella, Director of Engineering Oakley, Director of Public Works Dusckett and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: Moved by Murphy, seconded by Becker, to go into Executive Session to discuss biannual review of executive session minutes. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Brookman Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Deputy City Clerk Peterson, followed by the Pledge of Allegiance to the Flag. Mayor Arredia congratulated the Des Plaines Public Library for receiving the Library of the Year Award from the North Suburban Library System and introduced Library Board President Noreen Lake and Library Administrator Sandra Norlin. Mayor Arredia introduced Steven Schaefer, Project President, who gave a brief presentation on the Lake Park Memorial Pavilion Project, which is a tribute to our local veterans at the Des Plaines Park District's Lake Park. Mayor Arredia introduced Mr. Joe Marella, representing the Des Plaines Area Jaycees who sponsored the Holiday Home Decorating Contest along with the The Journal & Topics Newspapers and the City of Des Plaines, who presented the following awards: PRESENTATION (Cont'd.) CITIZEN PARTICIPA.: BIANNUAL REVIEW/ EXEC. SESS. MINUTES: 103 2/2/04 PAGE TWO WARD 1 -Steve Meinecke, 1341 Evergreen Honorable Mention Tom & Sue Grisko, 744 Arlington WARD 2 -Dan Dix, 1436 Henry Honorable Mention Jim Lemberg, 890 Margret WARD 3 -Lupe Connor, 916 North Ave. Honorable Mention Jim & Cheryl Jakubek, 966 E. Leahy Circle WARD 4 -Jerald & Judy Gertie, 500 S. Westgate Honorable Mention Mr. & Mrs. Richard Ohman, 41 E. Millers WARD 5 -Harold Goebbert, 2281 Sprucewood Honorable Mention The Alm Family, 1512 s. Fourth WARD 6 -The Wijas Family, 2783 S. Scott St. Honorable Mention Thomas Popiel, 1881 Northshore WARD 7 -The Gibbons Family, 554 N. Clayton Ln. Honorable Mention Mike & Patty Liszewski, 769 Meadow Dr. WARD 8 -K. Walters, 705 Jill Ct. Honorable Mention The Slawek Family, 1425 Miami Ln. OVERALL WINNER Dan Dix, 1436 Henry BUSINESS WINNER Oakton Pavillion/Oakton Arms, 1660 Oakton SPECIAL RECOGNITION Candy Cane Land, Westdale Gardens Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he attended the Plan Commission meeting when the new Fire Station was discussed and it was stated that a meeting would be scheduled before the City Council regarding the funding; what is the date of the meeting? City Manager Niemeyer stated notice will be posted when the meeting date is decided. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that at the last meeting he stated that Arlington Heights had purchased the theater, which was incorrect; they have the first right of refusal on the building and if they purchased the theater, they would still have to subsidize it. Moved by Smith, seconded by Beauvais, to concur with consensus in Executive Session that the following Executive Session minutes, or portions thereof, no longer require confidential treatment and are available for public inspection as recommended by City Attorney Wiltse in his memo of January 26, 2004: July 6, 1993 May 20, 1996 July 7, 1997 July 21, 1997 -Personnel -Probable Litigation Park Place Chevrolet -Pending Litigation Caputo v. City -Acquisition of Property River and Oakton -Pending Litigation Caputo v. City EXEC. SESS. MINUTES (Cont'd.) CONSENT AGENDA: August 4, 1997 December 7, 1998 December 21, 1998 PAGE THREE -Executive Session Minutes -Personnel -Personnel -Executive Session Minutes 104 2/2/04 February 16, 1999 -Probable & Imminent Litigation May 17, 1999 August 2, 1999 August 16, 1999 October 4, 1999 January 3, 2000 January 17, 2000 March 27, 2000 May lS, 2000 June 19, 2000 August 7, 2000 January 2, 2001 Suburban O'Hare Commission -Executive Session Minutes -Executive Session Minutes -Executive Session Minutes -Acquisition of Property Bills' Auto -Acquisition of Property 600 Algonquin Road -Acquisition of Property Des Plaines Self-Help Closet -Pending Litigation Roepke Case -Personnel -Acquisition of Property Flood Control -Acquisition of Property Des Plaines Self-Help Closet -Acquisition of Property 600 Algonquin Road -Pending Litigation Conway Transportation v. City -Acquisition of Property Mill Street & River Road February 20, 2001 -Acquisition of Property Graceland and Northwest Highway September 3, 2002 -Pending Litigation 14S Morrison/810 Kylemore October 21, 2002 -Pending Litigation Maplewood Subdivision November 4, 2002 -Pending Litigation Maplewood Subdivision January 6, 2003 -Executive Session Minutes -Acquisition of Property Levee SO Project May s, 2003 -Pending Litigation Area East of Kylemore September 2, 2003 -Executive Session Minutes It was also the consensus of the aldermen that the need for confidentiality still exists as to all or part of the remaining minutes. Motion declared carried. Alderman Smith requested that Item 1 be removed from the Consent Agenda; Alderman Christiansen requested that Items 3 and 3a be removed; and Alderman Brookman requested that Items S and Sa be removed. Moved by Sayad, seconded by Brookman, to establish a Consent Agenda except for Items 1, 3, 3a, S and Sa. Motion declared carried. Moved by Murphy, seconded by Sayad, to approve the Consent Agenda. 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. CONSENT (Cont'd.) MINUTES: 1/19/04 EXEC. SESS. MINUTES: Consent Agenda ZONING CASE 03-78-CU CONDITIONAL USE/ 484 NORTHWEST HIGHWAY: Ordinance Z-8-04 BOND REIMBURSEMENT/ TIF #1, #3, #6 AND STREETS: Consent Agenda Resolution R-10-04 105 2/2/04 PAGE FOUR The minutes were approved; Staff recommendations and requests were approved; Ordinances M-3-04, M-4-04 and T-1-04, were adopted; and Resolutions R-10-04, R-12-04 and R-13-04 were adopted. Moved by Smith, seconded by Brookman, to approve as amended minutes of the regular meeting of the City Council held January 19, 2004, Page Eight "Ordinance M-7-4/Property Tax Abatement" to reflect that the motion to advance to Second Reading and adopt was not declared carried; a two thirds majority vote is needed to adopt (this item will appear on the February 17, 2003 agenda under Old Business) . Motion declared carried. Moved by Murphy, seconded by Sayad, to approve minutes of the Executive Session of the City Council held January 19, 2004. Motion declared carried as approved unanimously under Consent Agenda. At the request of Alderman Christiansen, City Attorney Wiltse explained the Federal and State Religious Freedom Law, which states that any attempt to turn down a house of worship which wants to build or expand, must be supported by a record which establishes facts. Moved by Christiansen, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 03-78-CU, to permit operation of a religious institution/place of worship within a C-3 General Commercial District, with conditions, on property located at 484 Northwest Highway; and further recommend to place on First Reading Ordinance Z-8-04, AN ORDINANCE GRANTING A CONDITIONAL USER PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW THE OPERATION OF A PLACE OF WORSHIP PLAINES, LOCATED ILLINOIS the vote was: AT 484 NORTHWEST ( CASE 0 3 - 7 8 -CU) . HIGHWAY, DES Upon roll call, AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Motion by Murphy, seconded by Sayad, to concur with Staff recommendation to permit City to reimburse itself from future proceeds of bonds for TIF #1 ($6,000,000), TIF #3 ($6,000,000), TIF #6 ($8,000,000) and streets ($2,000,000); these costs are anticipated to incur before the issuance of the bonds; and further recommend to adopt Resolution R- 10-04, 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. 6(b) TAX EXEMPTION/ WILLE ROAD "PHASE II"- TIF #3: Resolution R-11-04 AMENDMENTS/ WILLE ROAD TIF #3 LAND AGREEMENT: Consent Agenda Resolution R-12-04 SOUND WALL LANDSCAPE ARCHITECTURE SERVICES, TIF #6: Consent Agenda Resolution R-13-04 106 2/2/04 PAGE FIVE Alderman Brookman stated that she is concerned with granting a blanket 6(b) tax exemption for Wille Road; the City Council usually votes for approval one business at a time; how will the City monitor this situation so that the savings are passed onto the tenants. Moved by Brookman, seconded by Argus, to concur with Staff recommendation to authorize City to support and consent to the granting of a Cook County Real Estate Classification 6(b) property tax exemption to Wille Road Industrial Park, LLC, 5500 W. Touhy Avenue, #301, Skokie, IL 60077, for new construction of facilities on property located on Wille Road known as "Phase II" -TIF #3; and further recommend to adopt Resolution R-11-04, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY LOCATED ON WILLE ROAD TIF #3, DES PLAINES, ILLINOIS PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. 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 Sayad, to concur with Staff recommendation to authorize Mayor and City Clerk to execute Supplemental Amendments to Exhibit "A" -"Vacant Land Purchase Agreement" of Resolution R-78-04 (approved by the City Council on July 7, 2003, with Wille Road Industrial Park, LLC, 5500 W. Touhy Avenue, #301, Skokie, IL 60077, for the purchase of approximately 15.9 acres of vacant land located at the southeast corner of Wille Road and Marshall Road for Phase II of the Wille Road TIF #3); amendments to contracts and agreements include, but are not limited to, soil borings, geotechnical soil contracts, Phase I and Phase II environmental contracts and other contracts necessary for this project; and further recommend to adopt Resolution R-12-04, A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENTS TO THE VACANT LAND PURCHASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND WILLE ROAD INDUSTRIAL PARK, LLC. PREVIOUSLY AUTHORIZED BY R-78- 03. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to authorize Mayor and City Clerk to execute Letter Agreement with Bauer Latoza Studio, 1006 N. Michigan Avenue, Suite 602, Chicago, IL 60605, to provide Landscape Architecture Services for the Des Plaines Sound Wall, Mannheim-Higgins TIF #6, in the amount not-to-exceed $17, 500 plus reimbursable expenses; with a design budget of $200,000 and Staff be authorized to send out request for proposals/TIF #6 Budgeted Funds; and further recommend to adopt Resolution R-13-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN BAUER LATOZA STUDIO AND THE CITY OF DES PLAINES FOR LANDSCAPE ARCHITECTURE SERVICES RELATED TO THE MANNHEIM/HIGGINS TIF #6. Motion declared carried Agenda. as approved unanimously under Consent I~ FINAL PLAT DELGADO'S RESUB./SW CORNER OF JARVIS & DOUGLAS: Consent Agenda PURCHASE OF VEHICLE/FIRE DEPARTMENT: Consent Agenda PURCHASE SEWER TELEVISION CAMERA/PUBLIC WORKS: Consent Agenda SCANNER/COPIER PURCHASE/ ENGINEERING: Consent Agenda AWARD BID/ FLASHING BEACONS: Consent Agenda AWARD BID/ 2004 STREET REHAB.- CONTRACT 1: Consent Agenda ADVERTISE FOR BIDS/ WATER PUMPS AT CITY HALL: Consent Agenda 107 2/2/04 PAGE SIX Moved by Murphy, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Delgado's Eighth Resubdivision, southwest corner of Jarvis and Douglas Avenues; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to authorize purchase, through the Northwest Municipal Conference Suburban Purchasing Cooperative Program, of One (1) 2004 Ford Excursion XLS for the Fire Department from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423 (low bidder), in the amount of $29,390/2004 Budgeted CERF Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to accept lowest proposal received for purchase of Sewer Television Camera System from Brock Tool Company, 14 7 5 Louis Avenue, Elk Grove Village, IL 60007, in the amount of $6, 991/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to accept lowest proposal received for purchase of One (1) KIP 2052 STF Digital Scanner/Copier from Clifford-Wald, 255 E. Hellen Road, Palatine, IL 60067, in the amount of $19,495/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to award bid for Installation of Flashing Beacons at the Forest Avenue-Wolf Road pedestrian crossing to the lowest bidder, Home Towne Electric, 35220 Route 83, Lake Villa, IL 60046, in the total bid amount of $25,737/Motor Fuel Tax Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to award bid for 2004 Street Rehabilitation -Contract 1 to the lowest bidder, Orange Crush L.L.C., 321 South Center Street, Hillside, IL 60162, in the total bid amount of $905, 404/General Improvement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to authorize City Clerk to advertise for bids for Replacement of Domestic Water Pumps at Des Plaines City Hall, 1420 Miner Street, returnable by 3:00 p.m., Friday, February 20, 2004. Motion declared carried as approved unanimously under Consent Agenda. REAPPOINT.: Consent Agenda ORDINANCE M-3-04 TAXI ORD. AMENDMENT RE INSPECT FEE: Consent Agenda ORDINANCE M-4-04 TAXI ORD. AMENDMENT RE INSPECTIONS: Consent Agenda ORDINANCE T-1-04 PARKING RESTRICTION PROSPECT AVE.: Consent Agenda APPOINTMENT: WARRANT REGISTER: 108 2/2/04 PAGE SEVEN Moved by Murphy, seconded by Sayad, to approve Mayoral reappointments as follows: Reappointments: HUMAN SERVICES ADVISORY COMMISSION Tom P. Kalayil, term to expire January 31, 2007 Terry Just, term to expire January 31, 2007 Nancy Magill, term to expire January 31, 2007 YOUTH COMMISSION Ronald Burton, term to expire December 1, 2006 Mary Dankowski, term to expire December 1, 2006 Thomas Simeone, term to expire December 1, 2006 Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to adopt Ordinance M-3-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 1, "GENERAL LICENSE REGULATIONS" SECTION 6, "LICENSE FEES" OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to adopt Ordinance M-4-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 12, "PUBLIC PASSENGER VEHICLES" OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to adopt Ordinance T-1-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 3 I "STOPPING I STANDING AND PARKING" SECTION 4, "PARKING LIMITED IN DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) was the appointment to the LIBRARY BOARD of Mary Ellicson (replacing John Ciborowski). (final action on this matter under Consent Agenda on February 17, 2004) 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 February 2, 2004 -Warrant Register, in the total amount of $3,472,389.17; and further recommend that Resolution R-14-04 be adopted at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. ORDINANCE M-6-04 SENIOR MGMT. COMPENSATION: ORDINANCE Z-9-04 TEXT AMENDMENT/ NUMBER OF BILLBOARDS: ORDINANCE Z-10-04 BILLBOARDS/ 1700 w. HIGGINS RD.: 109 2/2/04 PAGE EIGHT Moved by Beauvais, seconded by Christiansen, to adopt Ordinance M-6-04, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN, " SECTION 7 -C, "SALARY ADVANCEMENT WITHIN CLASSIFICATION" BY DELETING THE GENERAL WAGE INCREASE AND INCREASING THE MERIT BONUS FOR SCHEDULE V "MANAGEMENT PERSONNEL," OF THE CITY CODE. 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 Sayad, seconded by Becker, First Reading Ordinance Z-9-04, as include a maximum height of 99 feet, AUTHORIZING A TEXT AMENDMENT TO THE to place on AMENDED to AN ORDINANCE CITY OF DES PLAINES ZONING CODE SECTION 11.6, "REGULATION BY DISTRICT CLASSIFICATION" SUBSECTION B, "COMMERCIAL, MANUFACTURING AND INSTITUTIONAL DISTRICTS" (CASE 03- 71-TA) . Alderman Brookman stated that she is opposed to two additional signs; once they are up, it's almost impossible to get them taken down; there is a direct conflict with Section 11. 7; we are setting a very bad precedent. Motion by Brookman to TABLE discussion on placing Ordinance Z-9-04 on First Reading, DIED FOR LACK OF A SECOND. Moved by Smith, substitute motion Ordinance Z-9-04. seconded by Brookman, to to not place on First MOTION DECLARED FAILED. adopt a Reading Alderman Murphy, Sayad, Becker, Argus and Mayor Arredia voted no. Alderman Beauvais, Christiansen, Brookman and Smith voted yes. Upon roll call on the original motion, the vote was: AYES: 5-Murphy, Sayad, Becker, Argus, Arredia NAYS: 4-Beauvais, Christiansen, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Sayad, to place on First Reading Ordinance Z-10-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 11. 3 "SIGN PERMITS" SUBSECTION 3, "ISSUANCE OF THE PERMIT" OF THE CITY OF DES PLAINES ZONING CODE TO PERMIT ONE BILLBOARD AT A HEIGHT OF 99 FEET INSTEAD OF THE REQUIRED 80 FEET AT 1700 HIGGINS ROAD, DES PLAINES, ILLINOIS (CASE 0 3 -71-TA) . Upon roll cal 1, the vote was: AYES: 5-Murphy, Sayad, Becker, Argus, Arredia NAYS: 4-Beauvais, Christiansen, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Sayad, $15,000 from the Ordinance Z-10-04, seconded by Becker, to dedicate fees listed in Exhibit "A" of to the Special Events Commission Z-10-04 (Cont'd.) WARRANT REGISTER: Resolution R-14-04 ADJOURNMENT: 110 2/2/04 PAGE NINE for use on City events in 2004. 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 Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-14-04, 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, 472, 389 .17. 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 Brookman, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:29 p.m. APPROVED BY ME THIS ;zo DAY OF An tho