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11-17-2008253 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, NOVEMBER 17, 2008 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, November 17, 2008. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Walsten, Smith and Argus. Alderman Brookman was absent. Also present were: City Manager Bajor, Assistant City Manager Slowinski, Acting Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Jaeger, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan, Director of Information Technology Duebner and City Attorney Wiltse. PRAYER: PUBLIC HEARING/ 2008 TAX LEVY: CALL TO ORDER: DISCUSSION: CITIZEN PARTICIPA. : The opening prayer was given by Ms. Cathy Seng, Baha'i Community, followed by the Pledge of Allegiance to the Flag. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, NOVEMBER 17, 2008 Mayor Arredia called the Public Hearing to order at 7:01 p.m. The Public Hearing was being held pursuant to legal notice to discuss the proposed property tax levy increase for the City of Des Plaines for 2008 tax year levy in the amount of $27,790,256, which represents a .9978% increase over the previous year. Acting Director of Finance Wisniewski gave a PowerPoint presentation (in Council file) explaining the public hearing requirements an~ also that the increase in the tax levy for 2008 is required to cover the Police Pension and Fire Pension funding. There were no comments from the aldermen and the public. There will be further action on this matter under Committee of the Whole later in the meeting. The Public Hearing adjourned at 7:15 p.m. The City Council reconvened at 7:16 p.m. Mr. Mike Lake, 1538 Campbell Avenue, addressed the City Council stating that he is a member of the Des Plaines VFW who are sending packages overseas to our military; they would like to add names of servicemen and women to their list by the end of this month so the packages can reach them by Christmas; please call the City Clerk's Office with the names and addresses. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the Des Plaines Community Senior Center is a place that senior citizens can come together to play cards, have a meal and make new friends; they are a large voting block; please give them back the $40,000. CITIZEN (Cont'd.) PAGE TWO 254 11 /1 7/08 Mr. Steve Schaefer, 835 Pearson Street, addressed the City Council stating that the Staff is being asked to make a difficult decision regarding the budget for the City of Des Plaines as a whole; removing the funding for the Des Plaines Community Senior Center was the right thing to do; there is pressure to give in but do not put this in the budget. Mr. Bill McNutt, 1600 E. Thacker Street, addressed the City Council stating that the Senior Center is self- supporting; most of the 1600 members are from Des Plaines; it is a place for senior services such as the medical pantry, meals, social programs; reduce some of the other funding; please consider the whole picture. Mr. John LaBerg, a board member of the AFSCME Local #3891 Union and City employee, addressed the City Council stating that the City is faced with many problems , i .e . flooding, foreclosures; you need all the employees to do the jobs; there are no slackers; there are lots of demands by the residents; if these personnel cuts are made, they may not be able to be served as soon as they could be. Mr. Matt LaPierre, staff representative, AFSCME Local #3891 Union, addressed the City Council stating that they want to help the Staff work out a fair budget; there are currently 13 employees hired within the past year who are on probation; that seems unfair to those long-term employees who are being cut; Staff should go back and revise the budget and we will work with them. Mr. Joseph Yi, 1327 Washington Street, addressed the City Council stating that he has lived in other communities where they took steps to ensure that there would be a Senior Center; we have many wonderful programs; the seniors are given the opportunity to lead joyful lives in their senior years. Mrs. Myrtle Klebe, 1434 Walnut Avenue, addressed the City Council stating that she has lived here since 1962 ; this is a wonderful City to live in but being a senior citizen can be lonely; the Senior Center gives seniors a place to meet other seniors; it provides many programs, i.e. blood pressure screening, legal assistance; it is an extended family; there is a camaraderie that is wonderful. Mr. Sharon Smith, Executive Director, Des Plaines Community Senior Center, addressed the City Counci l stating that she would like to review some misconceptions about the Senior Center; we do have membership fees -$30 a year; you do not have to be a member to access the senior services; we have 3700 non-members; we have looked at grants and have asked other communities to assist us, but they say if your own community doesn't support you, why should we; we are asking you to find this $40 ,000 somewhere in the budget. Mr. Phil Schloss, 1264 Dennis Place, addressed the City Council stating that he is president of MECCA -the Public Works union; stating that he addressed the City Council at the last meeting regarding the loss of employees; the City should increase taxes rather than cut jobs and put people out of work; cuts could be made by attrition; you are going to get what you pay for with private contractors. Tom, who lives in Chicago, addressed the City Council stating that he joined the Des Plaines Community Senio r Center last year; other communities have senior centers and they pay for them; do not cut this funding; there would be a socialization problem. CITIZEN (Cont'd.) SIDEWALK SNOW & ICE REMOVAL: Ordinance M-41-08 (formerly M-67-07) CONSENT AGENDA: MINUTES: Consent Agenda LIQ. LIC./ 562 E. ALGONQUIN: Consent Agenda Ordinance M-42-08 PAGE THREE 255 11/17 /08 Mrs. Hilda Hofmann, 1470 Jefferson Street, addressed the City Council stating that she has belonged to the Senior Center for years; she enjoys it so much and would hate to see it go out of business; please include this funding in the budget. Mr. Don Miletic, a member of the Des Plaines Community Senior Center Board and employee of the Des Plaines Park District, addressed the City Council stating that an intergovernmental agreement between the City and t he Des Plaines Park District would enable the Senior Center to continue on for many years; it would be utilizing resources that would save the City and the Des Plaines Park District money. Mr. Cliff Hagedorn, 1515 Fifth Avenue, addressed the City Council stating that the Senior Center goes back 32 years as a non-profit organization; we have been able to go it alone but now we have a different situation; we have a financial problem which we think could be solved with this intergovernmental agreement; we have met the needs of the seniors in every area; we are a nationally recognized Senior Center; hopefully, you can find the money so we can continue our work with the seniors. Moved by Murphy, seconded by Higgason, to POSTPONE until December 1, 2008, the matter of Sidewalk Snow & Ice Removal and Ordinance M-41-08, scheduled to be discussed later in the evening under Committee of the Who l e. Motion declared carried. Alderman Beauvais requested that Items 3 and 3a be removed from the Consent Agenda; and Alderman Walsten requested that Items 4 and 4a be removed. Moved by Beauvais, seconded by Murphy, to establish a Consent Agenda except for Items 3, 3a, 4 and 4a. Motion declared carried. Moved by Higgason, seconded by Murphy, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Minutes were approved; Staff recommendations and requests were approved and Ordinance M-42-08 was placed on First Reading. Moved by Higgason, seconded by Murphy, to approve minutes of the regular meeting of the City Council held November 3, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Murphy, to concur with Staff recommendation to amend Title 4, Chapter 4 "Intoxicating Liquors," Section 4-4-5 :A, of the City Code to add a new Class B -Bulk Sales Dealers Liquor License for property located at 562 E. Algonquin Road, d/b/a Mex Liquors; contingent upon verification of background check; and further recommend to place on First Reading Ordinance M-42-08, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE FOR MEX LIQUORS, LLC D/B/A MEX LIQUORS LOCATED AT 562 E. ALGONQUIN ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 08-48-V VARIATION/ 1530 BIRCHWOOD: Ordinance Z-28-08 INTERGOVERN. AGREEMENT/ TOLL HWY. AUTHORITY BRIDGE LIGHTING: Resolution R-153-08 LIQ. LIC./ 919 E. OAKTON ST.: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda WARRANT REGISTER: PAGE FOUR 256 11/17/08 Moved by Beauvais, seconded by Murphy, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 08-48-V, to grant request, with conditions, for Variation to permit 27 parking spaces , instead of the required 47 parking spaces, for an industrial warehouse in M-2 General Manufacturing District on property located at 1530 Birchwood Avenue; and further recommend to place on First Reading Ordinanc e Z-28-08, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 9.7 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW 27 PARKING SPACES AT 1530 BIRCHWOOD AVENUE, DES PLAINES , ILLINOIS. Motion declared carried. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to authorize Mayor and City Clerk to execute "Intergovernmental Agreement" with the Illinoi s State Toll Highway Authority for installation o f underpass lighting at the Ballard Road Bridge and Golf Road Bridge for pedestrian safety; the City will be responsible for the underpass lighting at an approximate cost of $2, 400 per year/MFT Funds and for any future relocation; and further recommend to adopt Resolution R- 153-08, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE CITY OF DES PLAINES FOR MAINTENANCE OF UNDERPASS LIGHTING AT BALLARD ROAD AND AT GOLF ROAD ALONG I-294 IN DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Higgason, seconded by Murphy, to concur with Staff recommendation to approve Change of Ownership for Class B -Bulk Sales Dealers Liquor License for property located at 919 E. Oakton Street, d/b/a Oakton Liquors; contingent upon verification of background check. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for HVAC Maintenance Services, returnable by 3:00 p.m., Tuesday, December 2, 2008 . Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Elevator Maintenance Services, returnable by 3:00 p.m., Tuesday, December 2, 2008. 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 Smith, Chair Moved by Higgason, seconded by Walsten, to recommend to the City Council approval of the November 1 7, 2008 - Warrant Register, in the total amount of $2,524,463.89, and further recommend that Resolution R-154-08 be adopted at appropriate time this evening. Motion declared carried. 2008 ESTIMATED TAX LEVY: PAGE FIVE 257 11/17/08 City Manager Bajor stated that the Illinois Property Tax Extension Limitation Law (PTELL) requires that the City adopt a tax levy and file it with the County Clerk's office by the last Tuesday in December or the City would be prohibited from levying any property tax; the estimated tax levy of .9978% is consistent with Staff's proposals and recommendations throughout the 2009 Budget review process and is supported by a consensus of the City Council in the Committee of the Whole; this Tax Levy provides for the adequate funding of the City's projected expenditures and other financial responsibilities. Alderman Murphy stated that she would like to recommend that the City renegotiate the contract with the City's lobbyist down to $60,000 from $75,000 or send out RFPs for the services of a lobbyist. Alderman Walsten stated that he would like to see us start at $50,000. Moved by Moylan, seconded by Higgason, to recommend to the City Council that the City Manager be authorized to renegotiate the contract with City's lobbyist, John Kelly, All-Circo, Inc., with an annual compensation of no greater than $60,000. Upon roll call, the vote was: AYES: 4-Beauvais, Moylan, Higgason, Smith NAYS: 3-Murphy, Walsten, Argus ABSENT: 1-Brookman Motion declared carried. Motion by Moylan to recommend to the City Council that money be found in the 2009 Budget to add back the funding for the Des Plaines Community Senior Center in the amount of $40,000 DIED FOR LACK OF A SECOND. Moved by Moylan, seconded by Beauvais, to recommend to the City Council that money be found in the 2009 budget to add back the funding for the Des Plaines Community Senior Center in the amount of $40,000. Moved by Murphy, seconded by Argus, to adopt a substitute motion to refer back to Staff the 2008 Tax Levy and the 2009 Budget for further review. Upon roll call, the vote was: AYES: 3-Murphy, Walsten, Argus NAYS: 4-Beauvais, Moylan, Higgason, Smith ABSENT: 1-Brookman MOTION DECLARED FAILED. Upon roll call on Alderman Moylan's motion, the vote was: AYES: 2-Beauvais, Moylan NAYS: 3-Murphy, Walsten, Argus ABSTAIN:2-Higgason, Smith (conflict of interest) ABSENT: 1-Brookman MOTION DECLARED FAILED. Moved by Walsten, seconded by Moylan, to concur with Staff recommendation and recommend to the City Council to approve a .9978% 2008 Tax Levy in the amount of $27,790,256; and Ordinance M-43-08 be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman MOTION DECLARED CARRIED. ZONING CASE 07-48-PUD FINAL PUD & EXCEPTIONS/ 2200 GOLF: WARRANT REGISTER: Resolution R-154-08 2008 TAX LEVY: Ordinance M-43-08 ZONING CASE 07-48-PUD FINAL PUD & EXCEPTIONS/ 2200 GOLF: Ordinance Z-29-08 PAGE SIX COMMUNITY DEVELOPMENT -Alderman Murphy, Chair 258 11/17/08 Alderman Beauvais stated her concern that the 121 townhouses would have little room between the buildings to allow a car to be parked in front of the garage door. Moved by Argus, seconded by Higgason, to concur with recommendation of Des Plaines Plan Commission and Staff and recommend to the City Council, re Zoning Case 07-48- PUD, to grant request for approval of Final Planned Unit Development (PUD) with Permitted Planned Unit Bulk Exceptions, and conditions, to permit construction of 102 condominium dwelling uni ts and 121 townhouses in R-3 Townhouse Residential District on property located at 2200 E. Golf Road (at East River Road); and Ordinance Z- 29-08 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Beauvais voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole to adopt Resolution R-154-08, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,524,463.89. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Smith, seconded by Murphy, to concur with recommendation of Committee of the Whole to approve a .9978% 2008 Tax Levy in the amount of $27,790,256; and further recommend to place on First Reading Ordinance M-43-08, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried. Moved by Smith, seconded by Higgason, to concur with recommendation of Committee of the Whole that the City Manager be authorized to renegotiate the contract with City's lobbyist, John Kelly, All-Circa, Inc., with an annual compensation of no greater than $60, 000. Upon roll call, the vote was: AYES: 5-Beauvais, Moylan, Higgason, Walsten, Smith NAYS: 2-Murphy, Argus ABSENT: 1-Brookman Motion declared carried. Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole, re Zoning Case 07-48-PUD, to grant request for approval of Final Planned Unit Development (PUD) with Permitted Planned Unit Bulk Exceptions, and conditions, to permit construction of 102 condominium dwelling uni ts and 121 townhouses in R-3 Townhouse Residential District on property located at 2200 E. Golf Road (at East River Road); and further recommend to place on First Reading Ordinance Z-29-08. Motion declared carried. Alderman Beauvais voted no. ORDINANCE Z-28-08 VARIATION/ 1530 BIRCHWOOD: ORDINANCE Z-29-08 FINAL PUD & EXCEPTIONS/ 2200 GOLF: ADJOURNMENT: PAGE SEVEN 259 11/17/08 Moved by Walsten, seconded by Higgason, to advance to Second Reading and adopt Ordinance Z-28-08, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 9.7 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW 27 PARKING SPACES AT 1530 BIRCHWOOD AVENUE, DES PLAINES, ILLINOIS (Case 08-48- V). Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Murphy, seconded by Argus, to advance to Second Reading and adopt Ordinance Z-29-08, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A FINAL PLANNED UNIT DEVELOPMENT (PUD) WITH SEVERAL PERMITTED PLANNED UNIT DEVELOPMENT BULK EXCEPTIONS FOR 2200 EAST GOLF ROAD, DES PLAINES, ILLINOIS (Case 07-48-PUD-A) . Petitioner Moises Cukierman, Lexington Homes, LLC, 1731 N. Marcey, Suite 200, Chicago, IL 60614, addressed the City Council and answered questions regarding funding for this project. Upon roll call, the vote was: AYES: 6-Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 1-Beauvais ABSENT: 1-Brookman Motion declared carried. Moved by Murphy, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:44 p.m. Donna McAllister, MMC -CITY CLERK APPROVE~ :;- DAY OF~ , 2008 --·-·· .. , ....-----I ,,./ ....... "",..,..,,; ~ <,,,. ... --