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07-06-1999040 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 TUESDAY I JULY 6, 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 Tuesday, July 6, 1999. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Smith, Arredia. Alderman Becker arrived at 7:07 p.m. Alderman Beauvais left the meeting at 8:50 p.m. and returned at 9:32 p.m. in the Executive Session. Also present were: City Manager Douthwaite, Assistant to the City Manager Johnson, Director of Economic Development Klaus, Assistant Director of Finance Jisa, Fire Chief Farinella, Police Captain Ryan , 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: CITIZEN PARTICIPA.: CONSENT AGENDA: The opening prayer was given by Pastor Roger Zavala, Nuevo Amanecer, 1st United Methodist Church, followed by the Pledge of Allegiance to the Flag. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that his company's newsletter printed some tips for handling angry customers which would be helpful for people to follow: actively listen to the person speak; recognize and acknowledge their anger; apologize; paraphrase the other person's reasons-needs; repeat steps 1-4; indicate a desire to resolve the issue; focus on what can be done; ask for caller's input on solutions; offer alternatives; agree on a resolution; and follow through. Mr. Marty Moylan, 1461 Wicke Avenue, addressed the City Council stating his concern that the City did not appeal the flood plain zone map; properties are being devalued by 10 to 30%; most of the residents were uninformed about this map; no one from the City was at the meeting. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that a friend of his had to pay $50 for his vehicle sticker because he was a day late; he was quite upset; is this really user friendly; maybe the City could impose a gradual penalty. Alderman Sayad agreed with Mr. Powers stating that there could be a grace period the first week; a 50% penalty the second week and then a 100% penalty after that. Mr. Bill Eyring, a resident of Chicago, addressed the City Council stating that he is a member of the Watershed Team; he would like to congratulate the City Council for adopting the flood map; unfortunately other communities have not followed the City's lead; he thinks Des Plaines did the right thing; he stated that there will be a meeting at Maine Township Hall on August 3, 1999, at 7:00 p.m. to explore options regarding the Farmers-Prairie Creek. Alderman Sayad requested that Item 1 be removed from the Consent Agenda, Alderman Arredia requested that Item 2 be removed, a citizen requested that Items 5 and Sa be removed; Alderman Brookman requested that Item 6 be removed; and Alderman Becker requested that Item 9 be removed. CON. AGEN. (Cont'd.) MINUTES: REINSTATE LIQ. LIC./ 205 RIVER: Consent Agenda Ordinance M-35-99 FOREST PRESERVE LIC. AGREE./ RIVERVIEW RELIEF SEWER: Consent Agenda Resolution R-40-99 PARKING ENFORCEMENT AGREEMENT/ 1750 s. ELMHURST: Resolution R-41-99 PAGE TWO 041 7/6/99 Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 1, 2, 5, Sa, 6 and 9. 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-33-99, Z-12-99. Z-13-99 and Z-14-99 were adopted; Ordinance M-35-99 was placed on First Reading; and Resolution R-40-99 was adopted. Alderman Sayad requested the following corrections to the minutes of June 21, 1999: Page Eight "Warrant Register," Line 3, to delete "approval of June 21, 1999 -Warrant Register in the amount of $4,250,076.86" and ADD "to remove Voucher #08005 in the amount of $1,110.35 from the June 21, 1999 -Warrant Register and approve amended total amount of $4,248,966.51;" and Page Eleven -"Warrant Register," Line Seven, should read 11 $4,248,966.51. II Moved by Sayad, seconded by Brookman, to approve minutes of the regular meeting of the City Council held June 21, 1999 -AS AMENDED. Motion declared carried. At the request of Alderman Arredia, Mayor Jung held the minutes of the Executive Session of the City Council held June 21, 1999, for discussion in Executive Session later in the evening. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to amend Title V, Chapter 34 "Intoxicating Liquors," Section 5-34-18 of the City Code to reinstate Class C Liquor License for property located at 205 S. River Road, d/b/a Moose Lodge; retain Class A Liquor License formerly approved for this property until petitioner (Leona's Pizzeria, Inc.) relocates subject to approval by the City Council; and further recommend to place on First Reading Ordinance M-35-99, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO RETAIN THE TOTAL NUMBER OF CLASS A LICENSES AND TO REINSTATE ONE CLASS C LICENSE FOR A TOTAL OF THREE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute License Agreement with Forest Preserve District of Cook County to install, operate and maintain approximately 300 linear feet of the 84" diameter Riverview Storm Sewer and Outfall within Forest Preserve property; licensing fee to be determined by the Forest Preserve District; and further recommend to adopt Resolution R-40-99, A RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE COOK COUNTY FOREST PRESERVE DISTRICT AND THE CITY OF DES PLAINES FOR THE CITY TO INSTALL, OPERATE AND MAINTAIN AN 84" DIAMETER STORM SEWER AND OUTFALL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Agreement for Enforcement of Municipal Ordinances on Private Property with Ashley Court Retirement Community for property located at 1750 s. Elmhurst Road, for police, traffic and parking enforcement; and further recommend to adopt Resolution R-41-99, A RESOLUTION OF THE CITY COUNCIL OF THE CITY~ R-41-99 (Cont'd.) FEASIBILITY STUDY/U.S. ROUTE 14 CS-CURVE) : PATIO VARIATION/ 519 LASALLE: Consent Agenda BID AWARD/ SCRUBBER- SWEEPER: Consent Agenda PLOW MODIFICATION/ DUMP TRUCKS: PAGE THREE 042 7/6/99 OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES VI "POLICE REGULATIONS" AND X "TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY WITH JACK REISS, OWNER OF ASHLEY COURT RETIREMENT COMMUNITY, 1750 S. ELMHURST ROAD, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Upon roll call, the vote was: AYES: 6-Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 0-None ABSTAIN:2-Beauvais, Arredia (conflict of interest) Motion declared carried. Alderman Brookman stated that normally she would be opposed to not going with the lowest bidder, but since the City will be getting their share back from Illinois First funds, she will support this recommendation. Alderman Brookman asked why Transystems Corporation's proposal was accepted. Both Mayor Jung and City Engineer Oakley stated that Transystems Corporation was the best qualified and most creative of those pre-qualified engineering firms submitting proposals. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation to accept proposal (jointly reviewed by Union Pacific, Wisconsin Central, Metra, Illinois Department of Transportation and City) from Transystems Corporation, 1051 Perimeter Drive, Suite 1025, Schaumburg, IL 60173, to prepare a Feasibility Study for the improvement of U.S. Route 14 at the Union Pacific and Wisconsin Central Railroad Crossings (S-curve) in the amount of $256,346; it is anticipated that City's portion of $30,000 will be reimbursed from Illinois First funds. 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 to grant request for Variation to Section 515.0 of the Building Code, for property located at 519 LaSalle Street, to permit reconstruction of an existing oversized patio that would extend up to 33' from the building foundation (Code permits patios to extend up to 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to award bid for One (1) New Self- Propelled Rider Floor Scrubber-Sweeper to the single bidder, First Access, 6400 W. 73rd Street, Bedford Park, IL 60638, in the total bid amount of $34,958/1999 Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Alderman Becker questioned whether the City could go out for bids for this equipment. Director of Public Works Killian explained that R. G. Smith Equipment Company is installing other parts to these dump trucks; it could delay delivery if we go out for bids. Moved by Beauvais, seconded by Arredia, to concur with Staff recommendation to accept proposal from R. G. Smith Equipment Company, to provide and install an underbody plow on each of the four (4) 5-ton dump trucks currently being manufactured by Chicago Truck Center for delivery in a few months (approved by the City Council on August 17, 1998), in the amount of $4,750 for each vehicle for a total amount of $19,000/1999 C.E.R.F. -(R. G. Smith is the firm that will be installing the front plow, dump PLOW MODI. (Cont'd. ) ADVERTISING FOR BIDS: ORDINANCE M-33-99 LICENSE AGREEMENT/ 1354 SECOND: Consent Agenda ORDINANCE M-34-99 AMENDMENTS/ CABLE TV COMMISSION: ORDINANCE Z-12-99 CONDIT. USE/ 440-480 POTTER RD.: Consent Agenda ORDINANCE Z-13-99 CONDIT. USE/ 1080 OAKTON: Consent Agenda ORDINANCE Z-14-99 VARIATION/ 1000 LEE: Consent Agenda WARRANT REGISTER: 043 7/6/99 PAGE FOUR body and salt spreaders on these vehicles for Chicago Truck Center). Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Smith, Arredia NAYS: 1-Becker 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 Two (2) New Current Production Model Trailer-Mounted Leaf Loaders, returnable by 3:00 p.m., Friday, July 23, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt 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. City Clerk McAllister announced that the adoption of 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 is being held until July 19, 1999. Moved by Elstner, seconded by Sayad, to adopt 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 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. Moved by Elstner, seconded by Sayad, to adopt 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 adopt 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. MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE &: ADMINISTRATION -Alderman Christiansen, Chair Moved by Brookman, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council approval of July 6, 1999 -Warrant Register in the amount of $1,849,792.40, which includes $3,056.25 in expenditures to Home Depot; and further recommend that Resolution R-42-99 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $3,056.25 in expenditures to Home Depot -conflict of interest) . ~ ~~~~~~~~- LIQ. LIC./ 1584 RAND RD.: NEW FLOOD PLAIN ELEVATIONS: PAGE FIVE LEGAL & LICENSING Alderman Beauvais, Chair 044 7/6/99 Alderman Beauvais announced that the request for change of ownership of Class A Liquor License for property located at 1584 Rand Road is being held until July 19 , 1999. MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Brookman, seconded by Arredia, to concur with recommendation of Committee of the Whole held June 14, 1999, that Staff be authorized to determine if it would be legal to not enforce the new flood elevations through the end of this year to give residents an opportunity to reconstruct/replace existing patios, driveway, garages, etc.; does not include new construction. Moved by Sayad, seconded by Arredia, to suspend the rules to permit public input on this matter. Motion declared carried. Mrs. Irene Serwa, 1011 Crab Tree Lane, addressed the City Council stating that she is a resident who has been affected by these new elevations; this will permit new development and erosion; there is a sink hole on Busse Highway -was this caused by the erosion going on. Mr. Marty Moylan, 1461 Wicke Avenue, addressed the City Council asking whether there was an opportunity to appeal the proposed map. City Engineer Oakley said yes, the City did make comments and we pointed out a number of areas that they did not show. Alderman Brookman stated that she did not know what the people living in the flood plain area wanted; we need documentation that these people want to go back to these elevations; we could address the needs on a case-by-case basis; she will be voting against rescinding these elevations. Alderman Smith stated that he agreed with Alderman Brookman. Alderman Sayad stated that he also agrees with Alderman Brookman; a notice should be sent to everyone living in the flood plain area to let them know that they are in the flood plain area and that they can come in for a variation. Alderman Arredia stated that the City needs to let the people know what they can and cannot do. Alderman Christiansen stated that he is for repealing the ordinance to speed up the process; we adopted this ordinance a little too soon. Moved by Becker, seconded by Brookman, to adopt a substitute motion to amend proposed ordinance, Section (G), to delete last five (5) words, "existing property lots of record." and replace with, "accessory structures and building additions." Motion declared carried. Alderman Smith voted no. This amended ordinance will appear under Unfinished Business on July 19, 1999. WARRANT REGISTER: Resolution R-42-99 TANTILLO/ PARK PLACE DEVELOPMENT PROJECT: ORDINANCE Z-11-99 FINAL POD, VARIATION, PLAT OF SUBDIVISION, PLAT OF VACATION/ LIBRARY PLAZA: PARKING LEASE AGREEMENT/ 701 LEE: CALUMET CITY REVENUE SHARING AGREEMENT: 045 7/6/99 PAGE SIX Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-42-99, 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: $1,849,792.40, which included $3,056.25 in expenditures to Home Depot. 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 (Alderman Elstner abstained on approving $3, 056. 25 in expenditures to Home Depot conflict of interest) . Moved by Beauvais, seconded by Becker, that the City officially oppose the Tantillo/Park Place Development Project as presented in Executive Session on June 1, 1999. Motion declared carried. Moved by Elstner, seconded by Christiansen, to reconsider the adoption of Ordinance Z-11-99, approved by the City Council on June 21, 1999, regarding Final Plat, etc. for the Library Plaza. Motion declared carried. Aldermen Sayad, Brookman and Becker voted no. Moved by Elstner, seconded by Christiansen, that Ordinance Z-11-9 be amended as follows: legal description completely replaced to be more concise as prepared by the surveyor; and Section 6 be amended to add between the words "vacating" and "Ellinwood," the words "certain lots and parts of lots, vacating .... " to more clearly reflect the property vacated for the P.U.D. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Elstner, Smith, Arredia NAYS: 3-Sayad, Brookman, Becker ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Christiansen, to adopt Ordinance Z-11-99 -AS AMENDED, 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." Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Elstner, Smith, Arredia NAYS: 3-Sayad, Brookman, Becker ABSENT: 0-None Motion declared carried. Alderman Arredia requested that the matter of the amendment to the Parking Lease Agreement for 7o1 Lee Street, which was tabled on June 7, 1999, be placed on the Committee of the Whole agenda for July 19, 1999. Alderman Becker requested that the matter of the Calumet City Revenue Sharing Agreement be placed on the Committee of the Whole agenda for July 19, 1999. ZONING CASE 99-18-V 990 w. VILLA DR.: Ordinance Z-7-99 ORDINANCE M-21-99 ELECTRIC UTILITY ROLLING BLACKOUTS: DELIVERY/ MEETING PACKETS: ADD. AGENDA ITEMS BY COMMITTEE CHAIRMEN: FUNDING/ SOCIAL SVS. AGENCIES: 046 5/17/99 PAGE SEVEN MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Elstner, seconded by Christiansen, that the recommendation of Des Plaines Zoning Board of Appeals, re Case 99-18-V, to permit construction of an oversized garage that would measure 18' x 3 7' instead of the maximum permitted 24' x 30', in R-1 Single-Family Residential District on property located at 990 W. Villa Drive, be TABLED until the property owner completes the required repairs and all violations are satisfied by the Staff. Moved by Beauvais, seconded by Brookman, to suspend the rules to permit public input on this matter. Motion declared carried. Ms. Evelyn Quintard, 438 Elden Court, Glenview, IL 60025, owner of the property, addressed the City Council stating that because of bad weather she has not be able to complete all the necessary repairs; the only thing left to do is the extension on the garage. Alderman Elstner stated that there was also rotting facia boards and peeling paint. Staff will advise Ms. Quintard of the items that need to be repaired. Motion declared carried on the original motion (this matter will come back to the City Council for final approval when these repairs are completed) . Moved by Christiansen, seconded by Brookman, that the First Reading of Ordinance M-21-99, AN ORDINANCE PROVIDING FOR THE 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, be TABLED until June 21, 1999. Motion declared carried. Moved by Sayad, seconded by Brookman, to change the date of delivery of the City Council agenda packet from Thursday to Tuesday prior to a City Council meeting. Moved by Christiansen, seconded by Elstner, to adopt a substitute motion to NOT change the date of delivery of the City council agenda packet. Motion declared failed. Aldermen Christiansen and Elstner voted yes. Moved by Beauvais, seconded by Becker, to adopt a substitute motion to change the date of delivery of the City Council agenda packet from Thursday to Tuesday prior to a City Council meeting, for a six (6) month trial period beginning June 7, 1999. Motion declared carried. Moved by Christiansen, seconded by Sayad, to amend motion approved earlier in the evening that a chairman of any committee may add an item to the agenda for their committee by notifying the City Clerk with the necessary information no later than Noon on the MONDAY before a City Council meeting (the deadline for agenda items); and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to approve the 1999 Social Service Agencies funding with the addition of $1,500/Contingency Funds for the increase to ADJOURNMENT: PAGE EIGHT 047 7/6/99 Moved by Beauvais, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:35 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS