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06-21-1999028 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS I DES PLAINES CIVIC CENTER I MONDAY I JUNE 21, 1999 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Paul w. Jung at 7: 00 p. m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 21, 1999. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Also present were: Assistant to the City Manager Johnson, Director of Economic Development Klaus, Director of Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Director of Public Works Killian, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: WELCOME: RECOGNITION: PRESENTATION: CITIZEN PARTICIPA.: The opening prayer was given by Deacon Jim Ernst, Our Lady of Hope Church, followed by the Pledge of Allegiance to the Flag. Mayor Jung welcomed the students from Maine West High School who are participating in the City's Clinical Government Program, which is now in its 24th year. Mayor Jung also welcomed Boy Scout Troop 27 and their Scout Master. Mayor Jung recognized School District #62 teacher, Jim Sorensen, who is one of the ten outstanding teachers in the State and a recipient of the Golden Apple Award for 1999; Mr. Sorensen has been a teacher for 26 years and is committed to children both in the classroom and outside the classroom, touching their lives in a positive way. Des Plaines Arts Council Board member, Donna Catlett, presented the seven ( 7) scholarship winners: Christy Ernst, Julia Silver, Maria Giacone, Michael Bale, Ashlie Langan, Nick Woods and Siminder Shah. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that Park Ridge recently held a community meeting on Y2K; maybe Des Plaines should have a similar meeting; most people are concerned about Y2K. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that it has taken the City Council a long time to act regarding the Whistleblowers ordinance that was brought to them in July of 1998; there was a presentation by Mr. Pat Quinn in March and the City Council's questions were answered; please vote on this matter tonight or put a referendum on the ballot for the next election; if the City Council does not act, the citizens will put this on the ballot; Harper College recently passed this ordinance. Mrs. Irene Serwa, 1011 Crab Tree Lane, addressed the City Council stating that she attended a meeting of the Cook County Zoning Board today regarding the proposed development of 260 condo units at Golf Road and the Tollway; no one from Park Ridge or Des Plaines was in attendance; please represent us at these meetings that affect the quality of our lives. EXECUTIVE SESSION: LABOR NEGOTIATIONS: CHANGE/ ORDER OF BUSINESS: LICENSE AGREEMENT/ 331 GROVE: 029 6/21/99 PAGE TWO Moved by Sayad, seconded by Brookman, to go Executive Session to discuss labor negotiations personnel. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. The City Council recessed at 7:25 p.m. The City Council reconvened at 8:10 p.m. into and Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Moved by Beauvais, seconded by Sayad, to concur with the majority of the City Council in Executive Session that Staff and City's labor negotiator be authorized to proceed as directed. Motion declared carried. Moved by Beauvais, seconded by Brookman, to change the order of business and take up the matter of the License Agreement for 331 Grove Avenue, scheduled to be heard under Commit tee of the Whole later in the meeting. Motion declared carried. MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE LEGAL & LICENSING Alderman Beauvais, Chair Director of Community Development D'Onofrio reviewed his memo of May 24, 1999, concerning an after-the-fact request to permit the installation of asphalt paving in the public right-of-way adjacent to 331 Grove Avenue. Director D'Onofrio stated that the property owners did obtain a permit to repave their driveway, however, the contractor also paved a 10' x 36' section of the right- of-way in front of the petitioner's property without a permit. Director D'Onofrio stated that it is the Staff recommendation to not approve the license agreement and the property be restored; the City could make a claim against the contractor's bond to remove the asphalt and restore the property. Alderman Christiansen stated that the petitioner should have all costs, i.e. permit, variation, refunded to them. Alderman Sayad asked if there was any legal action that could be taken against this contractor. Director D'Onofrio stated that the City can go after his bond. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that people should read their contracts very closely before signing. Moved by Beauvais, seconded by Brookman, to recommend to the City Council to deny request for an after-the-fact license agreement, for property located at 331 Grove Avenue, to permit the installation of asphalt paving in the public right-of-way constructed without a permit and without the owners' knowledge; that owners of the property be reimbursed for all permit and license agreement fees; and City make a claim against the contractor's bond for funds to remove the asphalt and restore the property on the 10' x 36' section of the right-of-way in front of the petitioners' property. Motion declared carried. ~ PRESENTATION: CONSENT AGENDA: MINUTES: Consent Agenda ACQUIS. OF PROPERTY/ DOWNTOWN REDEV. AREA: Consent Agenda ZONING CASE 98-26-CU 440-480 POTTER RD.: Consent Agenda Ordinance Z-12-99 030 6/21/99 PAGE THREE MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Mayor Jung introduced Joseph V. Karaganis, Karaganis & White Ltd., 414 N. Orleans, Chicago, IL 60610, who is the attorney for the Suburban 0' Hare Commission. Mr. Karaganis gave a brief presentation, with charts, of the multi-billion dollar expansion of O'Hare Airport being planned by the City of Chicago; the plan will dramatically increase operations at O'Hare by increasing capacity at airside, landside and terminals. Alderman Smith requested that Item 6 be removed from the Consent Agenda, Alderman Brookman requested that Items 16 and 17 be removed, and Alderman Beauvais requested that Item 19 be removed. Moved by Sayad, seconded by Beauvais, to establish a Consent Agenda except for Items 6, 16, 17 and 19. Motion declared carried. Moved by Elstner, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-24-99, M-25-99, M-26-99, M- 28-99, M-29-99, M-32-99 and Z-10-99 were adopted; Ordinances M-33-99, M-34-99, Z-12-99, Z-13-99 and Z-14-99 were placed on First Reading; and Resolutions R-37-99 and R-38-99 were adopted. Moved by Elstner, seconded by Sayad, to approve minutes of the Executive Session of the Committee of the Whole held June 1, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to approve minutes of the regular meeting of the City Council held June 7, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to approve minutes of the Executive Session of the City Council held June 7, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with consensus in Executive Session of the Committee of the Whole, held June 1, 1999, that Staff be authorized to proceed as directed regarding Acquisition of Real Property -Downtown Redevelopment Area. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with recommendation of Committee of the Whole held June 1, 1999, re Zoning Case 98-26-CU, to grant request for Conditional Use to permit a place of worship in R-1 Single-Family Residential District on property located at 440-480 Potter Road, contingent upon placement of additional foliage along the back fence, no lighting in the outdoor recreational area, and no additional building permits be issued for exterior work without approval by the City Council; and further recommend to place on First Reading Ordinance Z-12-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 4.2.2.12 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO f Z-12-99 (Cont'd.) ZONING CASE 99-13-CU 1501 RIVER: LICENSE AGREEMENT/ 1354 SECOND AVE.: Consent Agenda Ordinance M-33-99 AMENDMENTS/ CABLE TELEVISION COMMISSION: Consent Agenda Ordinance M-34-99 ZONING CASE 99-29-CU 1080 OAKTON: Consent Agenda Ordinance Z-13-99 ZONING CASE 99-31-V 1000 LEE: Consent Agenda Ordinance Z-14-99 031 6/21/99 PAGE FOUR ALLOW THE CONSTRUCTION AND OPERATION OF A PLACE OF WORSHIP, LOCATED AT 440-480 POTTER ROAD, DES PLAINES, ILLINOIS (CASE #98-26-CU). Motion declared carried as approved unanimously under Consent Agenda. Alderman Smith stated that he would be voting no on the recommendation of the Committee of the Whole held June 1, 1999, re Zoning Case 99-13-CU, that the request for a Conditional Use to permit a place of worship in R-1 Single-Family Residential District on property located at 1501 River Road, be TABLED until August 2, 1999. Moved by Christiansen, seconded by Sayad, to further TABLE this matter until August 16, 1999. Motion declared carried. Alderman Smith voted no. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to grant request to permit installation of a driveway apron constructed of brick pavers in the City-owned right-of-way adjacent to property located at 1354 Second Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-33-99, 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 HANSEN'S LANDSCAPING, AGENT FOR OWNER JACK SETNAN, 1354 SECOND AVENUE, DES PLAINES, ILLINOIS (CASE 99-23-CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to amend Title II, Chapter 23 -"Cable Television Commission" of the City Code to rename the Commission "Cable Services Commission;" amend Section 2- 23-8D to give the Commission the authority to advise the City Council regarding all aspects of cable services, such as cable television, Internet access, telephony services, etc., which would benefit and assist subscribers and keep the City Council informed about the rapid developments that are occurring in the cable industry; and further recommend to place on First Reading Ordinance M-34-99, AN ORDINANCE AMENDING TITLE II "COMMISSIONS AND BOARDS," CHAPTER 23, "CABLE TELEVISION COMMISSION," TO BE RENAMED "CABLE SERVICES COMMISSION," TO CHANGE THE ADVISORY SCOPE OF THE CABLE TELEVISION COMMISSION AND DELETE ERRONEOUS LANGUAGE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation, re Zoning Case 99-29-CU, to grant request for Conditional Use to permit expansion of a Class B restaurant in C-3 General Commercial District on property located at 1080 Oakton Street, contingent upon Staff recommendations re landscaping, fencing and the addition of one (1) handicap parking space; and further recommend to place on First Reading Ordinance Z-13-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 3.4 AND 7.3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE EXPANSION OF AN EXISTING RESTAURANT TO ADD AN OUTDOOR PATIO, AND A MENU BOARD AT 1080 OAKTON STREET, DES PLAINES, ILLINOIS (CASE 99-29- CU) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 99-31-V, to grant request for Variation to permit enlargement of an existing structure and allow operation of a non-conforming use (trade contractor's office) in C-3 General Commercial District on property located at 1000 Lee Street, contingent upon Staff recommendations re facade improvement, landscaping and building unified Z-14-99 (Cont'd.) TRAIN WHISTLE BLOWING BAN: Consent Agenda Resolution R-37-99 TEMPORARY CLOSING OF CENTRAL RD./ JULY 4TH FIREWORKS: Consent Agenda Resolution R-38-99 REDUCTION/ PUB. IMPVR. SURETY/2218 & 2224 WESTVIEW: Consent Agenda PATIO VARIATION/ 670 LONGFORD: Consent Agenda PATIO VARIATION/ 1310 MIDDLETON: Consent Agenda PURCHASE/ HYDRAULIC PUMP: 032 6/21/99 PAGE FIVE appearance; and further recommend to place on First Reading Ordinance Z-14-99, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.2-2 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION TO ALLOW OPERATION OF A NON-CONFORMING USE OF TRADE CONTRACTOR AT 1000 LEE STREET, DES PLAINES, ILLINOIS (CASE 99-31-V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to rescind Resolution R-21-99 (approved March 15, 1999) requesting that the Wisconsin Central Ltd. Railroad refrain from nighttime whistle blowing at designated crossings, and request that the Wisconsin Central Ltd. Railroad refrain from blowing train whistles at all Illinois Commerce Commission (ICC) excused highway-rail crossings throughout Des Plaines unless there is an emergency situation; and further recommend to adopt Resolution R-37-99, A RESOLUTION RESCINDING DES PLAINES RESOLUTION R-21-99 AND REQUESTING A 24-HOUR BAN OF TRAIN WHISTLES EXCEPT IN EMERGENCY SITUATIONS IN DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to approve temporary closing of Central Road from Des Plaines-River Road to East River (Bender) Road on July 4, 1999, from 7: 00 p. m. to 11: 00 p. m., during July 4th fireworks display near Oakton Community College; and further recommend to adopt Resolution R-38- 99, A RESOLUTION REQUESTING THE CLOSURE OF CENTRAL ROAD FOR THE FOURTH OF JULY, 1999 FESTIVITIES IN DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to grant request for reduction of public improvements surety from $20,505 to $5,374, for Budy's First Addition Subdivision, 2218 and 2224 Westview Drive; and petitioner submit a revised Letter of Credit. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 515.0 of the Building Code to permit construction of an oversized patio, 20' x 30', that would extend up to 20' from the foundation of the house (Code permits a patio to extend up to 15' from the house foundation) , on property located at 670 Longford Drive. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 515.0 of the Building Code to permit construction of an oversized patio (15' x 20') built as an extension to an existing deck, that would extend up to 32' from the foundation of the house (Code permits a patio to extend up to 15' from the house foundation) , on property located at 1310 Middleton Court. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman stated that she would like the Fire Department to keep the old pump rather than trade it in; it could be use as a back up in case of emergency. Moved by Brookman, seconded by Sayad, to accept proposal from AEC Fire-Safety and Security, 3003 Stanton Avenue, Springfield, IL 62703, to provide a hydraulic pump, two (2) sets of hoses with couplers and all shipping-handling costs, for Fire Department's hydraulic rescue tool system, in the total amount of $7,772.30 (without trade in)/Equipment-Emergency Services Funds. Upon roll the vote was: cal ~ PUMP (Cont'd.) DESIGN ENGINEERING SERVICES/ LIFT STATIONS: EVALUATION &: DESIGN SERVICES/ EMERGENCY GENERATOR: Consent Agenda BID AWARD/ FENCE INSTALLATION AT PUB. WKS. : ADVERTISING FOR BIDS: Consent Agenda PAGE SIX AYES: 6-Beauvais, Sayad, Brookman, Becker, Smith, Arredia NAYS: 2-Christiansen, Elstner ABSENT: 0-None Motion declared carried. 033 6/21/99 Alderman Brookman questioned whether this should have gone out for bids since this is a business. City Attorney Wiltse stated that proposals are appropriate for these types of services. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation and authorize Mayor and City Clerk to execute Engineering Services Agreement with Baxter & Woodman, 8678 Ridgefield Road, Crystal Lake, IL 60012, to provide design services for the Ballard Road and Columbia Avenue Lift Station Replacements, in an amount not-to-exceed $35,000/1999-2003 C.I.P. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Professional Service Agreement with Stanley Consultants, Inc., 8501 N. Higgins Road, Suite 730, Chicago, IL 60631, to provide evaluation and design of the Emergency Generator Replacement at City Hall, in an amount not-to-exceed $14,762.75/1999 Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Alderman Beauvais questioned whether all the questions and concerns about Built-Best Fence Company have been satisfied regarding permit issues; she is concerned that this company is treating the residents fairly. Director of Public Works Killian stated that two (2) of the three (3) problems have been resolved. Moved by Beauvais, seconded by Arredia, to concur with Staff recommendation to award bid for Fence Installation at the Public Works Facility, 1111 Joseph J. Schwab Road, to the lowest bidder, Built-Best Fence Company, 270 Old Higgins Road, Des Plaines, in the total bid amount of $24,640/1999 C.I.P.; contingent upon all permit issues being resolved. Moved by Smith, seconded by Sayad, to adopt a substitute motion to award bid for Fence Installation at the Public Works Facility, 1111 Joseph J. Schwab Road, to the lowest bidder, Built-Best Fence Company, 270 Old Higgins Road, Des Plaines, in the total bid amount of $24, 640/1999 C.I.P., NOT subject to the permit issues being resolved. Upon roll call, the vote was: AYES: 6-Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 2-Beauvais, Arredia ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) Current Production Model 12, 000 Pound Cut Away Van Chassis with Aluminum Parcel Delivery Van Body, Equipped with a Sewer Television Unit, returnable by 3:00 p.m., Friday, July 9, 1999. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-24-99 GUIDELINES/ INTRASTRUCT. LICENSE AGREEMENT: Consent Agenda ORDINANCE M-25-99 PREVAILING WAGE RATES: Consent Agenda ORDINANCE M-26-99 LIC. AGREE./ 670 MIDDLETON: Consent Agenda ORDINANCE M-28-99 COUNCIL RULE RE CONSENT AGENDA ITEMS: Consent Agenda ORDINANCE M-29-99 STATE GIFT BAN ACT: Consent Agenda ORDINANCE M-32-99 POWERS OF COMMITTEE CHAIRMEN: Consent Agenda ORDINANCE Z-10-99 CONDIT. USE/ 1841 BUSSE HWY.: Consent Agenda REVIEW/ SKATEBOARDING ORDINANCES: 034 6/21/99 PAGE SEVEN Moved by Elstner, seconded by Sayad, to adopt Ordinance M-24-99, AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF DES PLAINES BY AMENDING TITLE V "BUSINESS REGULATIONS" TO ADD A NEW CHAPTER 55 ENTITLED "CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS-OF-WAY" WHICH WILL ESTABLISH STANDARDS FOR THE CONSTRUCTION OF FACILITIES ON THE PUBLIC RIGHTS OF WAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-25-99, AN ORDINANCE PURSUANT TO 820 ILCS 130/1,ET SEQ. ( 1996) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-26-99, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH TOM KUZINAR, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 6 7 O MIDDLETON LANE, DES PLAINES, ILLINOIS. Mot ion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-28-99, AN ORDINANCE AMENDING THE CITY CODE TITLE I, II ADMINISTRATIVE I II CHAPTER 6 II COUNCIL I II SECTION 9 "PROCEDURE" TO ALLOW RESIDENTS TO REMOVE ITEMS FROM THE CITY COUNCIL CONSENT AGENDA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-29-99, AN ORDINANCE OF THE CITY OF DES PLAINES AMENDING TITLE I I II ADMINISTRATIVE I II TO ADD A NEW SUBSECTION I SECTION 26, "STATE GIFT BAN ACT," PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND ADOPTING THE STATE GIFT BAN ACT (5 ILCS 425/1 ET SEQ., P.A. 90-737). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-32-99, AN ORDINANCE AMENDING THE CITY CODE TITLE I, "ADMINISTRATIVE," CHAPTER 6 "COUNCIL" SECTION 12 "ORDINANCES REFERRED TO COMMITTEE" TO ADD A TIMELINE FOR ORDINANCE/RESOLUTION CONSIDERATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance Z-10-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.4 "MANUFACTURING DISTRICTS REGULATIONS" OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE ESTABLISHMENT OF A RECYCLING OPERATION PROCESSING PRECIOUS METALS AT 1841 BUSSE HIGHWAY, DES PLAINES, ILLINOIS (CASE 99-27-CU). Motion declared carried as approved unanimously under Consent Agenda. MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE LEGAL & LICENSING Alderman Beauvais, Chair Assistant to the City Manager Johnson reviewed his memo of June 11, 1999, concerning the City Council's request that Staff research the feasibility of regulating skateboarding in the City; currently the City regulates only roller skates by prohibiting them on any roadway except in designated crosswalks. Assistant Johnson ~ SKATEBOARDING (Cont'd.) WARRANT REGISTER: 035 6/21/99 PAGE EIGHT stated that their survey indicated that some municipalities prohibited skateboarding on sidewalks, streets and alleys; some prohibit this activity on parking lots or in parking garages; some communities have restrictions to just certain areas, such as commercial areas, industrial areas or shopping centers. Assistant Johnson also stated that some municipalities levied fines against violators or they will allow violators to perform community service instead of paying the fine. Alderman Arredia asked whether the City didn't fund a skateboarding park at the Lattof YMCA. Assistant Johnson said yes, in the amount of $10,000. Alderman Arredia stated that he didn't think the City should be in the business of policing skateboarding. Alderman Sayad stated that the $10,000 was well spend; this is a program we should look at with the Park Districts; he would rather see the skateboarders there than on the streets. Alderman Brookman stated that we need more facts; if the Park Districts are willing to work with the City, we should pursue that. Alderman Beauvais stated that she has receive complaints from businesses and condos that their property is being used by skateboarders; we should look at this because we will be facing this when the new garage opens; do we or do we not want skateboarding on public property. Mayor Jung stated that we certainly need some kind of ordinance; we have a wonderful opportunity to work with the Park Districts. Alderman Christiansen stated his support for an ordinance but we need to look at other areas other than downtown; we should also look at fines. Alderman Beauvais stated that business owners and condo owners should be notified that they can file a "no trespassing" complaint with the Police Department; we need an ordinance. Alderman Brookman stated that she agrees that we need an ordinance but we should also work with the two (2) Park Districts. Alderman Becker stated that we need to provide more places for the young people to skateboard. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that in Evanston they have signs in the downtown business district forbidding this activity; this can be dangerous in the downtown area. Moved by Beauvais, seconded by Sayad, to recommend to the City Council that Staff be authorized to prepare a draft ordinance regarding skateboarding, and contact the Des Plaines Park District and the Mt. Prospect Park District regarding a joint effort to provide skateboarding areas in the City, and report back to the Committee of the Whole. Motion declared carried. FINANCE & ADMINISTRATION -Alderman Christiansen, Chair Moved by Brookman, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council a~fn:otial of June 21, J.~gg Warrafit Regist(i:i; in the amGunt of $4, 250 1 976. g&.; and further recommend that Resolution R-39-99 be adopted at appropriate time this evening. Motion declared carried. July 6, 1999 Page Eight -DELE'rE: "approval of June 21, 1999 -Warrant Register in the amount of $4,250,076.86" ADD "to remove Voucher #08005 in the amount of of $1,110.35 from the June 21, 1999 -Warrant Register and approve amended total amount of $4,248,966.51;" (}m ORDINANCE M-21-99 ELECTRIC UTILITY ROLLING BLACKOUTS: Tabled Item ORDINANCE M-30-99 ALLEY ACCEPTANCE/ LIBRARY PLAZA: 036 6/21/99 PAGE NINE MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Smith, seconded by Christiansen, to concur with recommendation of Committee of the Whole held April 19 , 1999, and tabled on May 17, 1999, that the City adopt the model ordinance recommended by the Northwest Municipal Conference that would require that the City be made aware of controlled rotating service outage plans developed by electric utilities and be notified in advance when those plans are expected to be implemented so that the City may provide necessary services and assistance to the public; and further recommend to place on First Reading Ordinance M-21-99, AN ORDINANCE PROVIDING FOR TllE AMENDMENT OF TITLE VIII "HEALTH AND SANITATION" TO ADD A NEW CHAPTER 18 ENTITLED "EMERGENCY ENERGY PLAN" TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE CITY OF DES PLAINES. Mayor Jung introduced Wayne Laursen, Public Relations Director -Commonwealth Edison Company. Alderman Beauvais stated that she feels this ordinance will be used as a crutch to allow for more and more blackouts. Mr. Laursen stated that Commonwealth Edison is mandated to protect their system; all the ordinance does is to establish what kind of information would be made available to Des Plaines; nothing would change whether Des Plaines does or does not have an ordinance; this ordinance does not give Commonwealth Edison the authority to cut power. Mr. Laursen stated that even with all the recent hot weather, they had enough power to sell to other States. Mr. Laursen stated that Rolling Meadows and Schaumburg have passed a similar ordinance. Alderman Sayad stated that power is needed; there has to be a solid plan and then the plan has to be evaluated. Mr. Laursen stated that Commonwealth Edison does have a plan and the City has a copy of it; Commonwealth Edison must follow a procedure which involves 15 steps--all outlined in the plan. Alderman Becker asked whether the City would be libel if all residents were not notified properly. City Attorney Wiltse said that is possible. Moved by Brookman, seconded by Sayad, that no action be taken on this matter until Staff clarifies what liability issues there would be if this ordinance is adopted. Motion declared carried. Aldermen Beauvais, Smith and Arredia voted no. Moved by Beauvais, seconded by Christiansen, to adopt Ordinance M-30-99, AN ORDINANCE ACCEPTING A PUBLIC ALLEY LOCATED IN THE PROPOSED LIBRARY PLAZA P.U.D. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Becker, Smith, Arredia NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. ZONING CASE 99-PUD-V FINAL PUD, VARIATION, PLAT OF SUBDIVISION, PLAT OF VACATION/ LIBRARY PLAZA: Ordinance Z-11-99 SALE OF CITY PROPERTY/ LIBRARY PLAZA: Ordinance M-31-99 ORDINANCE Z-11-99 FINAL PUD, VARIATION, PLAT OF SUBDIVISION, PLAT OF VACATION/ LIBRARY PLAZA: 037 6/21/99 PAGE TEN ITEM DEFERRED ON JUNE 7, 1999 Moved by Arredia, seconded by ·Christiansen, to concur with recommendation of Committee of the Whole, re Zoning Case 99-PUD-V, to approve Final Planned Unit Development (PUD), Variations, Plat of Subdivision and Plat of Vacation, for the Library Plaza redevelopment; and place on First Reading Ordinance Z-11-99, AN ORDINANCE GRANTING FINAL APPROVAL FOR A PLANNED UNIT DEVELOPMENT (PUD) IN ACCORDANCE WITH ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, AND ASSOCIATED VARIATIONS TO SECTIONS 4.4.4.1, 4.4.4.2; 4.4.5.2; AND 9.1.8.4.1 OF THE ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A MIXED-USE RETAIL, RESIDENTIAL AND PUBLIC USE DEVELOPMENT, INCLUDING PARKING, A PLAT OF SUBDIVISION, AND PLAT OF VACATION ON THE PROPERTY KNOWN AS THE BLOCK BOUNDED BY LEE STREET, ELLINWOOD STREET, PEARSON STREET AND PRAIRIE AVENUE "LIBRARY PLAZA REDEVELOPMENT." Moved by Elstner, seconded by Christiansen, to call for the previous question. Motion declared carried. Aldermen Sayad, Brookman and Becker voted no. Mayor Jung voted yes to make it a 2/3s vote as required. Motion declared carried on the original motion. Aldermen Sayad, Brookman and Becker voted no. Mayor Jung voted yes to make it a 2/3s vote as required. ITEM DEFERRED ON JUNE 7, 1999 Moved by Arredia, seconded by Smith, to concur with recommendation of Committee of the Whole to approve sale of City-owned Lots 2, 3, and 5 consisting of two (2) Retail Parcels and Residential Parcel located at the southeast corner of Ellinwood Street and Lee Street, Library Plaza Subdivision, to Plaines Town Center, LLC, for the sale price of $500, 000; and place on First Reading Ordinance M-31-99, AN ORDINANCE AUTHORIZING THE SALE OF LOTS 2, 3, AND 5 OF THE LIBRARY PLAZA SUBDIVISION LOCATED AT ELLINWOOD AND LEE STREETS, DES PLAINES, ILLINOIS. Moved by Elstner, seconded by Christiansen, to call for the previous question. Motion declared carried. Aldermen Sayad, Brookman and Becker voted no. Mayor Jung voted yes to make it a 2/3s vote as required. Motion declared carried on the original motion. Aldermen Sayad, Brookman, and Becker voted no. Mayor Jung voted yes to make it a 2/3s vote as required. Moved by Beauvais, seconded by Elstner, to advance to Second Reading and adopt Ordinance Z-11-99, AN ORDINANCE GRANTING FINAL APPROVAL FOR A PLANNED UNIT DEVELOPMENT (PUD) IN ACCORDANCE WITH ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, AND ASSOCIATED VARIATIONS TO SECTIONS 4.4.4.1; 4.4.4.2; 4.4.4.5.2; AND 9.1.8.4.1 OF THE ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A MIXED-USE RETAIL, RESIDENTIAL AND PUBLIC USE DEVELOPMENT, INCLUDING PARKING, A PLAT OF SUBDIVISION, AND PLAT OF VACATION ON THE PROPERTY KNOWN AS THE BLOCK BOUNDED BY LEE STREET, ELLINWOOD STREET, PEARSON STREET AND PRAIRIE AVENUE "LIBRARY PLAZA REDEVELOPMENT." Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Elstner, Smith, Arredia, Jung NAYS: 3-Sayad, Brookman, Becker ABSENT: 0-None Motion declared carried (Mayor Jung voted yes to make it a 2/3s vote as required) . ORDINANCE M-31-99 SALE OF CITY PROPERTY/ LIBRARY PLAZA: PRESENTATION/ LIBRARY PLAZA RETAIL SPACE: SKATEBOARDING ORDINANCE: LICENSE AGREEMENT/ 331 GROVE: WARRANT REGISTER: Resolution R-39-99 038 6/21/99 PAGE ELEVEN Moved by Beauvais, seconded by Elstner, to advance to Second Reading and adopt Ordinance M-31-99, AN ORDINANCE AUTHORIZING THE SALE OF LOTS 2, 3, AND 5 OF THE LIBRARY PLAZA SUBDIVISION LOCATED AT ELLINWOOD AND LEE STREETS, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Elstner, Smith, Arredia, Jung NAYS: 3-Sayad, Brookman, Becker ABSENT: 0-None Motion declared carried (Mayor Jung voted yes to make the 2/3s vote as required) . Moved by Arredia, seconded by Christiansen, to suspend the rules to permit Mr. David Dresder, Des Plaines Town Center, L.L.C., developer for the retail space in the Library Plaza, to make a presentation. Motion declared carried. Aldermen Sayad, Brookman, Becker, and Smith voted no. Mayor Jung voted yes to break the tie. Mr. Dresder stated that two (2) leases have been signed-- one (1) with Dapper's Restaurant and one (1) with Holy Family Medical Center; they have over six (6) Letters of Intent for the remaining area; they are actively marketing this space and the response has been very positive; they will have a variety of shops; leasing will take some time; they want to evaluate the Letters of Intent and get the right mix for this development; they have no intention of operating at a loss; this will be very successful. Moved by Beauvais, seconded by Elstner, to concur with recommendation of Committee of the Whole that Staff be authorized to prepare a draft ordinance regarding skateboarding, and contact the Des Plaines Park District and the Mt. Prospect Park District regarding a joint effort to provide skateboarding areas in the City; and report back to the Committee of the Whole. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to deny request for an after-the-fact license agreement, for property located at 331 Grove Avenue, to permit the installation of asphalt paving in the public right-of-way constructed without a permit and without the owners' knowledge; that owners of the property be reimbursed for all permit and license agreement fees; and City make a claim against the contractor's bond for funds to remove the asphalt and restore the property on the 10' x 26' section of the right-of-way in front of the petitioners' property. Upon roll call, the vote was: AYES: a-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to adopt Resolution R-39-99, 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: $4,~5Q,976.8G. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. SINGLE BID/ FLOOR SCRUBBER- SWEEPER: PROCEDURE/ VERIFICATION OF BUSINESS LICENSES: DATE FOR REVIEW OF CONTRACT RENEWALS: RESIDENCY/ NEW DEPT. HEADS: ADJOURNMENT: 039 6/21/99 PAGE TWELVE Moved by Sayad, seconded by Smith, that City Clerk be authorized to open single bid received on June 4, 1999, for One (1) New Self-Propelled Rider Floor Scrubber- Sweeper. Motion declared carried. City Clerk McAllister opened the single bid and announced that it was from First Access, 6400 W. 73rd Street , Bedford Park, IL 60638, in the total amount of $34,958, for One (1) New Self-Propelled Rider Floor Scrubber- Sweeper. Mayor Jung referred the bid to Staff for review and report. Moved by Sayad, seconded by Brookman, that Staff be authorized to prepare a procedure for more aggressively verifying whether businesses are properly licensed in the City. Motion declared carried. Moved by Sayad, seconded by Brookman, that renewal of all contracts be presented to the City Council for review two (2) months before expiration. Motion declared failed. Aldermen Sayad, Brookman and Arredia voted yes. Moved by Sayad, seconded by Brookman, that the Staff be authorized to review and report on whether residency should be required for new department heads. Motion declared carried. Aldermen Christiansen, Elstner and Smith voted no. Moved by Brookman, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:14 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS 7 DAY o./)__;;J=-----...;l.\_\ ~----' 19 9 9 ~a,.J_w, Paul W.