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05-15-2000015 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, MAY 15, 2000 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Acting Mayor Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 15, 2000. ROLL CALL: Roll call indicated the following aldermen present: Elstner, Sayad, Brookman, Becker, Smith. Aldermen Beauvais, Christiansen and Petersen were absent. Alderman Christiansen arrived at 6:38 p.m. in Executive Session. Alderman Petersen arrived at 6: 45 p. m. in Executive Session. Alderman Beauvais arrived at 7:00 p.m. Also present were: City Manager Douthwaite, Director of Economic Development Klaus, Assistant Director of Finance Jisa, 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, Director of Emergency Communications Ornberg, Keep Des Plaines Beautiful Coordinator Rosinia, Assistant City Attorney Bartel, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: ACQUISITION OF REAL PROPERTY: Moved by Brookman, seconded by Becker, to go into Executive Session to discuss acquisition of real property. Upon roll call, the vote was: AYES: 5-Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 3-Beauvais, Christiansen, Petersen 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, Elstner, Sayad, Brookman, Becker, Smith, Petersen. The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Moved by Sayad, seconded by Becker, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding acquisition of real property. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 1-Petersen ABSENT: 0-None Motion declared carried. CITIZEN Mr •aTap1 a €eud;4:u, ~ PeaiUHnt fitresst, addressed the City PARTICIP%A: Council stating he came before the City Council in March regarding homeowner's responsibility for sewer repairs ~ from their home to the street; he has heard nothing from ~q0w~ the City; he would like this discussed in a Committee of V~~ ~ the Whole meeting in the near future. Mr. John Yaccino, 1779 Cora Street, addressed the City Council stating that he thought the last meeting was "pretty interesting"; he was raised to use common sense , but he thinks there is no common sense left in the world; he questioned some things that are being done in the City, i.e. spending big when they should be buying cheap and buying cheap when they should be spending big. CONSENT AGENDA: MINUTES/ EXEC. SESS. 4/20/00: Consent Agenda MINUTES/ 5/1/00: MINUTES/ EXEC. SESS. 5/1/00: Consent Agenda DES PLAINES MUNICIPAL GARAGE/ PRAIRIE AVE.: Consent Agenda Ordinance T-4-00 Ordinance T-5-00 ZONING CASE 00-18-V VARIATION/ 2800 RIVER: Consent Agenda Ordinance Z-8-00 016 5/15/00 PAGE TWO City Clerk McAllister requested that Items 2, 6, 6a, 8 and Ba be removed from the Consent Agenda; and a resident has requested that Items 19 and 20 be removed. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 2, 6, 6a, 8, Ba, 19 and 20. Motion declared carried. Moved by Elstner, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-18-00 and Z-6-00 were adopted; Ordinances M-20-00, T-4-00, T-5-00 and Z-8-00 were placed on First Reading and Resolutions R-34-00 and R-36-00 were adopted. Moved by Elstner, seconded by Beauvais, to approve minutes of the Executive Session of the Committee of the Whole held April 20, 2000. Motion declared carried as approved unanimously under Consent Agenda. City Clerk McAllister stated that a resident has asked that a correction be made to the comments he made at the City Council meeting on May 1, 2000, as follows: Page Five, under "Ordinance M-11-00," Second Paragraph, Line Eight (8), should read" ... this involves $25 million ... " Moved by Sayad, seconded by Petersen, to approve minutes of regular meeting of the City Council held May 1, 2000 - AS AMENDED. Motion declared carried. Moved by Elstner, seconded by Beauvais, to approve minutes of the Executive Session of the City Council held May 1, 2 O O O. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to amend Title X, Chapter 11, "Parking Lots," Sections 10-11-8 and 10-11-15, of the City Code, to change the name of the Ellinwood Street Parking Lot to Des Plaines Municipal Garage, located off Prairie Avenue between Pearson and Lee Streets; permit overnight parking on the lower level of the parking garage for tenants of the 701 Lee Street Building if a City parking permit sign is displayed: and further recommend to place on First Reading: Ordinance T-4-00, AN ORDINANCE AMENDING TITLE X, "TRAFFIC," CHAPTER 11, "PARKING LOTS" SECTION 8, "ELLINWOOD STREET PARKING LOT" OF THE CITY OF DES PLAINES CITY CODE; and Ordinance T-5-00, AN ORDINANCE AMENDING TITLE X, "TRAFFIC, II CHAPTER 11, "PARKING LOTS VI SECTION 15, "OVERNIGHT PARKING" OF THE CITY OF DES PLA.INES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff, re Case 00-18-V, to grant request for a Variation to legalize the height of an existing off ice building which is 67' at its highest point instead of the maximum permitted height of 45', in C-2 Limited Office Commercial District on property located at 2800 S. River Road; and further recommend to place on First Reading Ordinance z- 8 -0 0, AN ORDINANCE GRANTING A VARIANCE REQUEST TO SECTION 7.3-2 OF THE DES PLAINES ZONING ORDINANCE TO LEGALIZE THE Z-8-00 (Cont'd.) LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM FUNDS: HENRICH HOUSE LEASE WITH COOK CTY.: Consent Agenda Resolution R-34-00 CHANGE COUNCIL MEETING DATE: JOINT REVIEW BOARD &: PUB. HEAR./ TIF #3: Resolution R-35-00 ACCESS AGREEMENT/ MWRD: Consent Agenda Resolution R-36-00 SIDEWALK SALE DAYS/ CHAMBER: Consent Agenda 017 5/15/00 PAGE THREE HEIGHT OF AN EXISTING OFFICE BUILDING WHICH IS 67 FEET HIGH INSTEAD OF THE PERMITTED 45 FEET AT 2800 RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. City Clerk McAllister announced that authorization for the Police Department to apply for Local Law Enforcement Block Grant Program funds through the U.S. Department of Justice, Bureau of Justice Assistance, will be done later this year. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to renew lease agreement (since 1975) with the Housing Authority of the County of Cook for the Multi-Purpose Community Room and the Arts and Crafts Room, Senior Citizen's Project Ill. 25-20, in the Henrich House, located at 13o1 Ashland Avenue, for a period of three (3) years, commencing on June 1, 2000 and ending May 31, 2003; with rental fee of $10.00 per year, City to provide certificate of insurance; Acting Mayor and City Clerk be authorized to execute agreement; and further recommend to adopt Resolution R-34-00, A RESOLUTION AUTHORIZING THE ACTING MAYOR TO EXECUTE A COMMUNITY SPACE LEASE AGREEMENT WITH THE HOUSING AUTHORITY OF THE COUNTY OF COOK, FOR SPACE LOCATED AT THE SENIOR CITIZEN'S PROJECT (HENRICH HOUSE) 1301 ASHLAND AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to change the date of the first City Council meeting in July from July 3, 2000, to Monday, July 10, 2000, because of the July 4th holiday. Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with Staff recommendation to authorize a Public Hearing and the establishment of a Joint Review Board to consider designation of a Wille Road/Mt. Prospect Road TIF #3 Redevelopment Project Area (Wille Road to the north, Elmhurst Road on the west, the Northwest Tollway (I-90) on the south and Mt. Prospect Road on the east); the Joint Review Board will meet at 10:00 a.m. on Thursday, May 25, 2000, in Room 101 of City Hall, and the Public Hearing will be held at 7:00 p.m. on Monday, July 10, 2000, in Room 102 of City Hall; and further recommend to adopt Resolution R-35-00 I A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER DESIGNATION OF A REDEVELOPMENT PROJECT AREA (WILLE ROAD/MOUNT PROSPECT ROAD TIF III) REDEVELOPMENT PLAN, AND REDEVELOPMENT PROJECT FOR THE CITY OF DES PLAINES. Motion declared carried. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to authorize Acting Mayor and City Clerk to execute the Confined Space Entry Permit Agreement with Metropolitan Water Reclamation District of Greater Chicago, to allow the City access to the water meter vaults on MWRD property, located at 701 W. Oakton Street, effective June 15, 2000 and ending June 14, 2005; and further recommend to adopt Resolution R-36-00, A RESOLUTION AUTHORIZING THE ACTING MAYOR AND CITY CLERK TO EXECUTE THE CONFINED SPACE ENTRY PERMIT FOR THE PURPOSE OF ALLOWING CITY OF DES PLAINES OFFICIALS ENTRY TO VAULTS OWNED BY THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, LOCATED AT 701 W. OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request from Des Plaines Chamber of Commerce and Industry to hold their 44th Annual City-Wide Sidewalk Sale Days from Thursday, August 3 through Sunday, August 6, 2000; and parking SALE DAYS (Cont'd.) FINAL PLAT/ DELGADO'S RESUBDIV.: Consent Agenda PARKING PAD VARIATION/ 1868 BENNETT: Consent Agenda PATIO VARIATION/ 941 S. GOLF CUL-DE-SAC: Consent Agenda PURCHASE/ MOISTURE- DENSITY GAUGE: Consent Agenda BID AWARD/ COPING STONE REPLACEMENT: Consent Agenda BID AWARD/ CARPET CLEANING: Consent Agenda BID AWARD/ PUB. WKS. ROOF REPAIRS: Consent Agenda BID AWARD/ PUB. WKS. UNIFORM RENTAL: Con. Agen. 018 5/15/00 PAGE FOUR restrictions be waived during these special days for the convenience of shoppers except for parking lot at Graceland and Prairie Avenues. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with recommendation of Des Plaines Plan Commission and Staff to approve Final Plat for Delgado's Fifth Resubdivision, 1892-1900 Lee Street; and Acting Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a 23' x 23' parking pad adjacent to existing two-car detached garage on property located at 1868 Bennett Place. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments for 941 s. Golf Cul-De-Sac, to permit construction of an addition to existing patio that would extend 2 6. 5' from the building foundation (Code permits patios to extend 15' from building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Troxler Electronics Laboratories, Inc., 3008 Cornwallis Road, P.O. Box 12057, Research Triangle Park, NC 27709, for the purchase of a Troxler Model 3440112 Moisture/Density Gauge for the Engineering Department, at a cost of $7, 145, plus annual operation and maintenance costs estimated to be $815.28/General Improvement Fund- Equipment. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to award bid for Coping Stone Replacement at 1420 Miner Street to the lowest bidder, Old Veteran Construction, 1140 E. 78th Street, Chicago, IL 60619, in the total amount of $42,914 for Option Two (cast stone) and tuck-pointing/R&M Building and Grounds Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to award bid for Carpet Cleaning at City Hall, Police, Public Works and Fire Departments, that would be in the best interest of the City, to Dyna Systems, 4N270 84th Court, Bartlett, IL 60103, for their bid of $0.19/sq. ft. for Years One and Two, and $0.20/sq. ft. for Year Three/R&M Building and Grounds Budget, effective June 1, 2000 and ending May 31, 2003. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to award bid for Public Works Building Roof Repairs and Skylight Installation at 1111 Campground Road, to the lowest bidder, A-1 Roofing, 1001 Fargo, Elk Grove Village, IL 60007, in the total amount of $98, 511/R&M Building and Grounds Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to award bid for Three (3) Year Contract for Uniform Rental and Cleaning for Public Works Department, that would be in the best interest of the City, to American Industrial, 2221 w. Oakdale Avenue,~ UNIFORMS (Cont'd. ( BID AWARD/ STREET & UTILITY IMPROV. - CONTRACT B: BID AWARD/ ALLEY IMPROVEMENTS: CONSTRUC. ENGRG. SVS./ STR. &. UTIL. IMPROVEMENTS: Consent Agenda CONSTRUC. ENGRG. SVS./ ALLEY IMPROVEMENTS: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENT/ REAPPOINT. : Consent Agenda 019 5/15/00 PAGE FIVE Chicago, IL 60618, for the total amount of $9,777.04 per year/Water Fund and Public Works General Fund Budget. Motion declared carried as approved unanimously under Consent Agenda. Mr. Vince Powers, 862 Webster Lane, addressed the City Council complimenting them on their efforts regarding street, utility and alley improvements; that is great; you should be applauded by all the citizens of Des Plaines. Alderman Brookman stated that these improvements are just part of the City Council's continuing effort to address the City's flooding problems. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation and award bid for Year 2000 Street and Utility Improvements -Contract B, to the lowest bidder, Mauro Sewer Construction, Inc., 2281 Douglas Avenue, Des Plaines, in the total bid amount of $1,500,481.85/General Improvement Fund ($950,481.85) and Water Fund ($550,000). Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation and award bid for Year 2000 Alley Improvements to the lowest bidder, DiPaolo Company, 4350 Di Paolo Center, Glenview, IL 6 o o 2 5, in the total bid amount of $583,385/General Improvement Fund. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation and accept proposal from Homer L. Chastain & Associates, LLP, 8609 W. Bryn Mawr Avenue, Chicago, IL 60631, to perform Construction Engineering Services for Year 2000 Street and Utility Improvements - Contract B, in the total amount of $103,996.88/General Improvement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Peter F. Olesen & Associates, Inc., 500 W. Central Road, Suite 205, Mt. Prospect, IL 60056, to perform Construction Engineering Services for Year 2000 Alley Improvements, in the total amount of $43,338/General Improvement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Year 2000 Holiday Decorations, returnable by 3:00 p.m., Monday, June 2, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to approve Mayoral appointments/ reappointments as follows: Appointments: CABLE SERVICES COMMISSION Margie Olszewski, term to expire April 30,2003 KEEP DES PLAINES BEAUTIFUL COMMISSION Maggie O'Donnell Ancona, term to expire June 1, 2000 REAPPOINT. (Cont'd.) RESOLUTION R-38-00 RATIFYING 9-1-1 CONTRACT: Consent Agenda ORDINANCE M-20-00 COMPENSATION PLAN/9-1-1 UNION EMPLOYEES: Consent Agenda ORDINANCE M-18-00 LIC. AGREE./ 1529 OAKWOOD: Consent Agenda ORDINANCE Z-6-00 CONDIT. USE/ 725 w. GOLF ROAD: Consent Agenda ZONING CASE 00-02-FP FLOOD PLAIN VARIATION/ 1054 s. RIVER ROAD: 020 5/15/00 PAGE SIX Reappointment: PLAN COMMISSION Corinne Zobott, term to expire April 30, 2006 Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Resolution R-38-00, A RESOLUTION RATIFYING AND AUTHORIZING THE ACTING MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE METROPOLITAN ALLIANCE OF POLICE, DES PLAINES CIVILIAN CHAPTER #282. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to place on First Reading Ordinance M-20-00. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to advance to Second Reading and adopt Ordinance M-20-00, AN ORDINANCE AMENDING SCHEDULE VII "TELECOMMUNICATION OPERATORS GROUP" OF TITLE I I "ADMINISTRATIVE I II OF CHAPTER 15 I II POSITION CLASSIFICATION AND COMPENSATION PLAN I II OF SECTION 4 I "CLASSIFICATION PLAN TO THE CITY SERVICE," OF THE DES PLAINES CITY CODE TO REFLECT A 3.0% INCREASE EFFECTIVE MAY 1, 1999 TO APRIL 30, 2000; A 3.5% INCREASE EFFECTIVE MAY 1, 2000 TO APRIL 30, 2001; AND A 3 .5% INCREASE EFFECTIVE MAY 1, 2001 TO APRIL 30, 2002. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M-18-00, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH SHARI C. EKLOF, PROPERTY OWNER, FOR THE INSTALLATION OF A CONCRETE SIDEWALK IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 1529 OAKWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance z-6 -0 0 I AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-1 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A CLASS B RESTAURANT AT 725 W. GOLF ROAD, DES PLAINES, ILLINOIS (CASE 00-15-CU) . Motion declared carried as approved unanimously under Consent Agenda. ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE ENGINEERING Alderman Elstner, Chair Director of Community Development D'Onofrio reviewed his memo of January 14, 2 O O O, regarding a request for a Variation to the Flood Plain Development Guidelines to allow the construction of a single family home without the compensatory storage guidelines being met on property located at 1054 S. River Road; the Des Plaines Plan Commission and the Staff recommends that the variation be denied. This matter was tabled on February 7, 2000, March 6, 2000 and May 1, 2000. Alderman Brookman stated that this type of request has to be judged on a case by case basis; she thinks this variation should be granted. 1054 RIVER (Cont'd.) 021 5/15/00 PAGE SEVEN Alderman Petersen stated that the petitioner has complied with seven (7) of the nine (9) standards for granting a variation; she is in favor of granting this variation. Attorney Dan Dowd, 701 Lee Street, Des Plaines, who is representing the petitioner, Yiannis Georgopoulos, addressed the Committee of the Whole stating that this variation would be permissible in any other community but Des Plaines; the two (2) standards that were not met are the least significant. Alderman Smith stated that this is a valid and realistic request for a variation. Alderman Beauvais asked that if this request is granted and the surrounding neighborhood floods, would the City be liable for damages to the properties. Alderman Christiansen reminded the aldermen that both the Des Plaines Plan Commission and the Staff recommends that this variation be denied; it was the consensus of the Flood Committee to deny any building in this area; the neighbors are opposed to this variation and so is he. Acting Mayor Arredia stated that the City is going to have to take a stand on building in a flood plain; he can't go to nearby communities and tell them not to build in the flood plain, when we do; he agrees with Alderman Christiansen. Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the Committee of the Whole and read a statement regarding the flood elevations that have been adopted by Des Plaines and other communities; with variations like this, we are eroding the very rules that were established to protect the people; please do not jeopardize our properties. Mrs. Sue Grish, 980 Crabtree Lane, addressed the Committee of the Whole stating that she is a member of the Des Plaines Flood Committee; what kind of respect will we have with other communities if we build in a flood plain; if built on, this property will flood; do not grant this variation--you could be doing Mr. Georgopoulos a favor. A resident at 1077 S. River Road addressed the Committee of the Whole stating that he has lived there three (3) years and his house floods when it rains; it is hard for him to believe that there is not going to be run off on his property; flooding will get worse. Ms. Clover Krajicek, 1052 S. River Road, addressed the Committee of the Whole stating that this lot has been empty for a long time; it has been bought and sold, and bought and sold because the owners found that they could not build on it. Mr. Bob Bachar, 1677 E. Walnut Avenue, addressed the Committee of the Whole stating that all the water will be pouring onto his property; if he moved, that would not be fair to the next owner of his property. Moved by Christiansen, seconded by Beauvais, to recommend to the City Council to DENY request, re Zoning Case oo- 02-FP, for Variation to Flood Plain Development Guidelines to permit construction of a single family home without the compensatory storage guidelines being met for property located at 1054 S. River Road. Moved by Brookman, seconded by Petersen, to adopt a substitute motion and recommend to the City Council to GRANT request, re Zoning Case 00-02-FP, for Variation to Flood Plain Development Guidelines to permit construction 1054 RIVER (Cont'd.) c.o. #1/ RIVERVIEW AVE. SEWER PROJECT: WASTE HAULING CONTRACT/ CONTAINER SIZE: 022 5/15/00 PAGE EIGHT of a single family home without the compensatory storage guidelines being met for property located at 1054 s. River Road, in R-1 Single Family Residential District; and City Attorney be authorized to draft necessary ordinance. Alderman Beauvais stated that she understands the petitioner's hardship, but the homes in the area already get water; it is hard for her to believe that they would not get more water as a result of the variation; that is why she will be voting no. Upon roll call on the substitute motion, the vote was: AYES: 5-Sayad, Brookman, Becker, Smith, Petersen NAYS: 3-Beauvais, Christiansen, Elstner ABSENT: 0-None Motion declared carried. Director of Engineering Oakley reviewed his memo of May 5, 2000, regarding the need to relocate 270' of the 24" transmission water main because it is in conflict with the proposed alignment of the 84" diameter combined relief sewer along Chestnut Street and Deane Street between Riverview Avenue and Prospect Avenue. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council approval of Change Order #1 to contract with Harza Engineering Company, 233 S. Wacker Drive, Chicago, IL 60606 (approved on April 19, 1999, to perform Construction Engineering Services), to relocate 270' of existing 24" diameter transmission water main for Riverview Relief Combined Sewer Project in the amount of $69,379.50/Water Fund. Motion declared carried. PUBLIC WORKS Alderman Smith, Chair Director of Public Works Killian reviewed his memo of May 5, 2000, regarding the container size required for pick up by the City's waste hauler, ARC Disposal; our City Code states containers shall not have a capacity exceeding 34 gallons; this has been fully publicized; this section of the contract was not changed from the previous contract with Waste Management; a retailer has indicated that they would sell the proper container at a special price of $8.99; ARC Disposal would also rent containers to the homeowner; there would be a cost, but if damaged or lost, ARC Disposal would replace them. Alderman Christiansen stated that pickup should be based on weight, not on container size. Alderman Sayad stated that some of his residents have 60 gallon containers; how do they get rid of the old ones. An ARC Disposal representative stated that they would pick them up if the homeowner will put a note on the container. Alderman Brookman stated that this problem is being brought to them after the fact; Public Works had to know that residents were using containers larger than permitted; why weren't these issues brought to the aldermen's attention before the contract was signed; the Staff had an obligation to bring this to their attention; the residents have good reason to be upset about this. Alderman Becker stated that ARC Disposal used pre-printed stickers; they must have known there was a problem; he would like ARC Disposal to rebate the cost of the new container to the homeowners. CONTAINERS (Cont'd.) WARRANT REGISTER: CHIEF ELEC. OFFICIALS AGREEMENT: Resolution R-23-00 TABLED 4/3/00 HELD 5/1/00 DOWNTOWN STREETS CAPE IMPROVE.: 023 5/15/00 PAGE NINE Alderman Petersen stated that she is just happy that she doesn't have to buy those stickers any more. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that he doesn't see this as a big problem; ARC Disposal is doing a great job ; he will just get a smaller container. Alderman Sayad asked if there was some way to compensate those people who have a large container and now have to get a smaller one; maybe a $4 rebate. The ARC Disposal representative stated that he thinks something could be done, he would like to review this matter. Moved by Becker, seconded by Sayad, to recommend to the City Council that the matter of the container size for waste hauling be TABLED until June 5, 2000. Motion declared carried. FINANCE & ADMINISTRATION Alderman Brookman, Chair Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council approval of May 15, 2000 -Warrant Register, in the amount of $5,139,134.65, which includes $144.53 in expenditures to Home Depot; and further recommend that Resolution R-37-00 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $144.53 -conflict of interest). ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith, seconded by Becker, to concur with Staff recommendation to authorize Acting Mayor and City Clerk to execute Chief Elected Officials Agreement between the City and certain units of local government that are members of the Northwest Municipal Conference served by the Workforce Investment Board, which is the fiscal agent for the disbursement of all Federal job-training funds ; this Agreement is to ensure that the rules and responsibilities of the CEO's and the Federal government are defined and comply with the requirements of the Federal statute; and further recommend to adopt Resolution R-23-00, A RESOLUTION AUTHORIZING THE EXECUTION OF A CHIEF ELECTED OFFICIALS AGREEMENT THROUGH THE WORKFORCE INVESTMENT AREA OF NORTHERN COOK COUNTY FOR THE PURPOSES OF THE WORKFORCE INVESTMENT ACT FOR THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Smith, to concur with recommendation of Committee of the Whole held May 8, 2000, to accept proposal from Hitchcock Design Group, 221 W. Jefferson Avenue, Naperville, IL 60540, for Streetscape Design Improvements for the downtown business district, in the not-to-exceed amount of $50 / 000/TIF Funds: Gateway Park Schematic Design Phase -$71900 Design Development through Construction Phase -$19 1500 Train Depot, Seating and Planting Areas Schematic Design Phase -$51900 Design Development through Construction Phase -$15, 50~ STREETS CAPE (Cont'd.) ACQUISITION OF REAL PROPERTY: ZONING CASE 00-02-FP FLOOD PLAIN VARIATION/ 1054 s. RIVER RD.: c.o. #1/ RIVERVIEW AVE. SEWER PROJECT: WASTE HAULING CONTRACT/ CONTAINER SIZE: WARRANT REGISTER: Resolution R-37-00 CHANGE OF BID RETURN DATE: PAGE TEN Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 1-Beauvais ABSENT: 0-None Motion declared carried. 024 5/15/00 Moved by Smith, seconded by Christiansen, to concur with recommendation of Committee of the Whole held May 8, 2000, that Staff be directed to proceed regarding acquisition of real property. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None ABSTAIN:l-Elstner (conflict of interest) Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole to GRANT request, re Zoning Case 00-02-FP, for Variation to Flood Plain Development Guidelines to permit construction of a single family home without the compensatory storage guidelines being met for property located at 1054 s . River Road, in R-1 Single Family Residential District ; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Beauvais, Christiansen and Elstner, and Acting Mayor Arredia voted no. (further action on this matter under Unfinished Business on June 5, 2000) Moved by Elstner, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve Change Order #1 to contract with Harza Engineering Company, 233 S. Wacker Drive, Chicago, IL 60606 (approved on April 19,1999, to perform Construction Engineering Services), to relocate 270' of existing 24" diameter transmission water main for Riverview Relief Combined Sewer Project in the amount of $69,379.50/Water Fund. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Becker, to concur with recommendation of Committee of the Whole that the matter of the container size for waste hauling be TABLED until June 5, 2000. Motion declared carried. Moved by Brookman, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-37-00, 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: $5,139,134.65, which includes $144.53 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $144.53 -conflict of interest). City Clerk McAllister announced that the bid return date for Year 2 O O o Sidewalk and Curb Replacement has been changed from May 23, 2000, to 11:00 a.m., Thursday, June 1, 2000. ZONING CASE 00-12-CU-V 382 s. MT. PROSPECT: Reconsider- ation ORDER OF BUSINESS/ COUNCIL MEETINGS: ADJOURNMENT: PAGE ELEVEN 025 5/15/00 Moved by Sayad, seconded by Becker, to RECONSIDER motion approved on May 1, 2000, to deny request, re Zoning Case 00-12-CU-V, for a Conditional Use to permit expansion of a place of worship in R-1 Single-Family Residential District, on property located at 3 82 S. Mt. Prospect Road. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Aldermen Sayad and Beauvais withdrew their substitute motion. Aldermen Beauvais and Brookman withdrew their original motion. Moved by Sayad, seconded by Becker, that Zoning Case 00- 12-CU-V, for a Conditional Use to permit expansion of a place of worship in R-1 Single-Family Residential District, on property located at 3 82 S. Mt. Prospect Road, be TABLED until a meeting can be held with the residents in the area and the petitioner develop a new plan. Motion declared carried. Alderman Smith voted no. Moved by Sayad, seconded by Brookman, that the matter of the order of business for the City Council meeting agenda be referred to the Legal & Licensing Committee for review. Moved by Sayad, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:50 p.m. ~&QQ_fr=. Donna McAllister, CMC/AAE -CITY CLERK APPROVED BY ME THIS ,,<_/ DAY OF Ant