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08-07-2000064 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 AUGUST 7, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 7, 2000. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen. Also present were: City Manager Douthwaite, Assistant City Manager-EDC Schneider, Assistant to the City Manager Bajor, Assistant Director of Finance Jisa, Acting Police Chief Ryan, Fire Chief Farinella, Director of Public Works Killian, Sr. Civil Engineer Kaszuba, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: SWEARING IN OF POLICE CHIEF: PRESENTATION: ACKNOWLEDGE- MENT: MAINTENANCE OF LATERAL SEWERS: LIQ. LIC./ 965-967 s. ELMHURST: The opening prayer was given by Reverend Phil Sheets, First United Methodist Church, followed by the Pledge of Allegiance to the Flag. City Clerk McAllister administered the Oath of Off ice to Police Captain Jim Ryan as the new Police Chief of Des Plaines. Acting Mayor Arredia presented Police Chief Ryan with his official badge and warm congratulations on behalf of the City. Acting Mayor Arredia presented Certificates of Appreciation to the following people who had been nominated for the "Be Nice Month" awards: Maureen Garay, 1752 Orchard Street Edith and Leonard Beverly, 563 Radcliffe Avenue Marylin and Wayne Bachar, 918 S. Golf Cul-De-Sac (accepting for neighbors on S. Golf Cul-De-Sac) Henry Sikoda, 81 Dover Drive Gerardo Vite and Jose Llanos, 1 North Broadway (accepting for Genesis Group) Stephanie Britt, 721 Rose Avenue Amanda Volkmann, 500 Kenilworth Court Alyssa Taylor Molly Mattos, 1321 Henry Avenue Acting Mayor Arredia acknowledged the following girls who were recently awarded the "Girl Scout Silver Medal" (second highest possible award) : Jennifer Orstrom -Third Ward; Melissa Orstrom -Third Ward; Deanna Tyler -Fourth Ward; Laura Holinquist -Fourth Ward; Valerie Brunton - Four Ward; and Holly Buta -Seventh Ward. Moved by Elstner, seconded by Brookman, to TABLE until August 21, 2000, the matter of the report regarding Maintenance of Lateral Sewers scheduled to be discussed in Committee of the Whole later this evening. Motion declared carried. Moved by Beauvais, seconded by Sayad, to TABLE until further notice the request for a new Class B-1 Liquor License for property located at 965-967 S. Elmhurst Road and Ordinance M-34-00 scheduled to be discussed in Committee of the Whole later this evening. Motion declared carried. EXECUTIVE SESSION: PRESENTATION: PENDING LITIGATION/ CON-WAY TRANS. V. CITY: CITIZEN PARTICIPA.: 065 8/7/00 PAGE TWO Moved by Sayad, seconded by Becker, to go into Executive Session to discuss pending litigation. 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. The City Council recessed at 7:16 p.m. The City Council reconvened at 7:48 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen. Acting Mayor Arredia introduced Consumer Protection Coordinator Jeff Winings, who gave a brief history of the Consumer Protection Commission, their mission and his role as coordinator; the Commission is designed to receive and investigate complaints and initiate its own investigation of deceptive or unfair practices against Des Plaines residents by Des Plaines businesses. Alderman Sayad stated that he served on this Commission about five (5) years ago; he now refers his residents to Mr. Winings when they have complaints. Alderman Sayad asked Mr. Winings if he feels he has enough assistance to resolve these cases; does he need any other kind of assistance. Mr. Winings said he receives great assistance from the City Attorney's Office; he has not yet had to go beyond that assistance; there is a lot of expertise within our Staff. Moved by Beauvais, seconded by Sayad, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding Con-Way Transportation Services, Inc. v. City. 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. Ms. Irene Serwa, 1011 Crabtree Lane, addressed the City Council regarding the misleading listing by a local real estate company for property located at 2008 Busse Highway; the listing stated that the property could be divided into five (5) residential lots; she is also concerned that there are so many "For Sale" signs in the flood plain area; we need some sort of protection from unscrupulous real estate agents; is there anything the City can do? Acting Mayor Arredia stated that he and Alderman Christiansen will be meeting with the Northwest Realtors Association about their advertising in this manner. Ms. Johanna Seranella, 1985 Busse Highway, addressed the City Council stating that she lives across the street from 2008 Busse Highway; the property is not listed as a home, but as land for development; there is nothing on the listing about the house; there is an enormous flooding problem in her area; it is very scary. Mr. Ray Grish, 980 Crabtree Lane, addressed the City Council stating that the City needs to avoid permitting building in a flood plain; the City has made laws but are not following them; you need to uphold your laws; without proper compensatory storage, no land should be built on. CITIZEN PART. (Cont'd.) CONSENT AGENDA: MINUTES/ 7/10/00: MINUTES/ 7/17/00: MINUTES/ EXEC. SESS. 7/17/00: Consent Agenda POSITION CLASSIFICA./ COMMUNITY POLICING COORDINATOR: Consent Agenda Ordinance M-36-00 LICENSE AGREEMENT/ 185 STRATFORD: Consent Agenda Ordinance M-37-00 066 8/7/00 PAGE THREE A resident at 2069 Busse Highway addressed the City Council stating that she has lived there since September of 1999, she is concerned that the homes on the east side of Busse Highway are on septic; it is going to back up into our homes; she is against any building in the flood plain. Alderman Sayad requested that Item 1 be removed from the Consent Agenda; Alderman Becker requested that Items 2, 11 and 12 be removed; and Alderman Elstner requested that Items 13 be removed. Moved by Beauvais, seconded by Brookman, to establish a Consent Agenda except for Items 1, 2, 11, 12 and 13. 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 Z-13-00 and Z-14-00 were adopted; Ordinances M-36-00, M-37-00, M-38-00, and Z-15- oo were placed on First Reading; and Resolutions R-53-00, R-54-00 and R-55-00 were adopted. Moved by Sayad, seconded by Brookman, to TABLE until August 21, 2000, the minutes of the regular meeting of the City Council held July 10, 2000. Motion declared carried. Moved by Becker, seconded by Brookman, to TABLE until August 21, 2000, the minutes of the regular meeting of the City Council held July 17, 2000. Motion declared carried. Moved by Elstner, seconded by Beauvais, to approve minutes of the Executive Session of the City Council held July 17, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to amend Chapter 15, "Position Classification and Compensation Plan," Section 4, Schedule V, to add the new position of Community Policing Coordinator with the recommended salary range of: $38, 276 -Minimum, $45,031 -Midpoint and $51,786 -Maximum; and further recommend to place on First Reading Ordinance M- 36-00, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE V, "TECHNICAL, ENGINEERING AND INSPECTION GROUP" TO ADD THE NEW POSITION OF COMMUNITY POLICING COORDINATOR IN THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda (this ordinance was adopted later in the meeting) . Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request to permit installation of a driveway apron constructed of brick pavers in City-owned right-of-way adjacent to property located at 185 Stratford Road; Acting Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-37-00, 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 M-37-00 (Cont'd.) LICENSE AGREEMENT/ 71 INNER CIRCLE: Consent Agenda Ordinance M-38-00 SEWER LEASE AGREEMENT AMENDMENT/ UNION PAC. RAILROAD: Consent Agenda Resolution R-53-00 PUBLIC IMPROVEMENT/ DELGADO'S FOURTH RESUB: Consent Agenda Resolution R-54-00 PUBLIC IMPROVEMENT/ EXTENDED STAY RESUB.: Consent Agenda Resolution R-55-00 PARKING PAD VARIATION/ 1744 WHITE: Consent Agenda c. o. #1/ YEAR 2000 STREET MAINT. SERVICES: 067 8/7/00 PAGE FOUR WITH OWNER DANIEL W. WILSON, 185 STRATFORD ROAD, 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 to permit installation of an underground sprinkler system in City- owned right-of-way adjacent to property located at 71 Inner Circle Drive; Acting Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 3 8-0 0, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT- OF-WAY LICENSE AGREEMENT WITH JOSEPH NASCA, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 71 INNER CIRCLE DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute amendment to agreement with Union Pacific Railroad Company, 1800 Farnam Street, Omaha, NE 68102, (entered into on June 29, 1943), to convert the annual lease payment of $525 for a 12" sewer line located near the intersection of Wolf Road and Washington Street, into a one-time buyout payment of $5,750 (City would save $4,750); and further recommend to adopt Resolution R-53- 00, A RESOLUTION AUTHORIZING THE ACTING MAYOR TO EXECUTE AN AMENDMENT TO AN AGREEMENT DATED JUNE 29, 1943 BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND THE CITY OF DES PLAINES FOR THE ELIMINATION OF ANNUAL RENTAL CONTAINED IN THE ORIGINAL AGREEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to accept Public Improvements that include storm and sanitary sewers, and sidewalk repair for Delgado's Fourth Resubdivision, 1778 Estes Avenue; authorize release of public improvement surety of $40,547.50 (cash warranty of $4,054.50 to be held for 18 months); and further recommend to adopt Resolution R-54- 00, A RESOLUTION APPROVING THE PUBLIC IMPROYEMENTS FOR THE DELGADO'S FOURTH RESUBDIVISION AT THE NORTHWEST CORNER OF ESTES AVENUE AND MAPLE STREETS, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to accept Public Improvements that include sanitary and storm sewer, water main, public sidewalks and driveway aprons for Extended Stay Resubdivision, 1201-1207 Touhy avenue; authorize release of public improvement surety of $92,357 and cash guarantee (tree bond) of $900 (cash warranty of $7,388.56 to be held for 18 months); and further recommend to adopt Resolution R-55-00, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR THE EXTENDED STAY RESUBDIVISION LOCATED AT 1201-1207 TOUHY AVENUE, 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 for Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a 25' x 22' parking pad located off existing alley on property located at 1744 White Street. Motion declared carried as approved unanimously under Consent Agenda. Alderman Becker questioned whether this change order couldn't have been anticipated with a closer review of the bids; he would like to receive copies of all bids specifications that go out to bidders. c. 0. #1 (Cont'd.) CONTRACT AMEND. #1/ YEAR 2000 ST. REHABIL. CONTRACT 1: BID AWARD/ CUMBERLAND CIRCLE CURB AND GUTTER: 068 8/7/00 PAGE FIVE Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve Change Order #1 to contract with Orange Crush, LLC, 321 S. Center Street , Hillside, IL 60162, for Year 2000 Street Maintenance Outsource Services (approved on March 6, 2000), for curb and gutter replacement on Sixth Avenue from Prairie Avenue to Greenview Avenue, for a total cost of $23,100 ($21 per foot)/Year 2000 CIP; AND further recommend that in the future the aldermen receive copies of all bid specifications that go out to all bidders. 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 Becker, seconded by Sayad, to concur with Staff recommendation to approve Contract Amendment #1 with Orange Crush, LLC, 321 S. Center Street, Hillside, IL 60162, for Year 2000 Street Rehabilitation -Contract 1 (approved March 20, 2000), for additional 10" diameter storm sewer on east parkway of Deane Street between Prospect Avenue and Howard Avenue, in the amount of $25,960/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 Christiansen, to NOT award bid for Cumberland Circle Concrete Curb and Gutter Removal and Replacement and go out for bid on this project next year. Alderman Elstner stated that the Cumberland Circle doesn't look that bad. Alderman Smith stated that he would like to see this work done now; he doesn't want to go through another winter with the way it is now. Alderman Brookman stated that she agrees with Alderman Smith; we may not have lower bids next year because of inflation. Alderman Sayad stated that he agrees with Aldermen Brookman and Smith; this work is needed. Upon roll call, the vote was: AYES: 1-Elstner NAYS: 7-Beauvais, Christiansen, Sayad, Brookman, Becker, Smith, Petersen ABSENT: 0-None Motion declared failed. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to award bid for Cumberland Circle Concrete Curb and Gutter Removal and Replacement to the single bidder, Alliance Contractors, Inc., 1166 Lake Avenue, Woodstock, IL 6 O O 9 8, in the amount of $11,135.25/Contingency Funds. Upon roll call, the vote was: AYES: NAYS: 7-Beauvais, Christiansen, Sayad, Brookman, Becker, Smith, Petersen 1-Elstner ABSENT: 0-None Motion declared carried. BID AWARD/ DIGITAL VOICE RECORDING SYSTEM: Consent Agenda REJECT BIDS/ ROOF REPLACE. STATION #2: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE Z-15-00 CONDIT. USE/ 1969 TOUHY: Consent Agenda ORDINANCE Z-13-00 CONDIT. USE/ 1411 RAND: Consent Agenda ORDINANCE Z-14-00 VARIATION/ 1888 MINER: Consent Agenda REAPPOINT- MENTS: 069 8/7/00 PAGE SIX Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to award bid for Digital Voice Recording, Monitoring and Playback System, that would be in the best interest of the City, to the lowest compliant bidder, CVDS, Inc., 6900 Trans-Canada, Pointe-Claire, Quebec H9R 1C2, in the amount of $21,995, plus selected options in the amount of $2,695, for a total bid amount of $24,690/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to reject all bids received on August 4, 2000, for Roof Replacement at Fire Station #2, because it has been determined that there is a less expensive, but equally effective, roofing option available; new specifications be developed and this project be rebid later this year. 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 Purchase of Various Firefighting Nozzles and Related Equipment, returnable by 3:00 p.m., Wednesday, August 23, 2000. 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 Miscellaneous HVAC Unit Replacements at Public Works, returnable by 3:00 p.m., Wednesday, August 23, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to place on First Reading Ordinance Z-15-00, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING PLACE OF WORSHIP, LOCATED AT 1969 TOUHY AVENUE, DES PLAINES, ILLINOIS (CASE 00-27-CU). Motion declared carried as approved unanimously under Consent Agenda (this ordinance was adopted later in the meeting) . Moved by Elstner, seconded by Beauvais, to adopt Ordinance Z-13-00, AN ORDINANCE ALLOWING FOR USED MOTOR VEHICLE SALES IN A C-3 GENERAL COMMERCIAL ZONING DISTRICT AT 1411 RAND ROAD, DES PLAINES, ILLINOIS (CASE 00-24-CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance Z-14-00, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8. l-3E OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING WITH DIMENSIONS OF 12' BY 16' FOR A STORAGE SHED WHICH EXCEEDS THE TOTAL AREA LIMIT BY 72 FEET AT 1888 MINER STREET, DES PLAINES, ILLINOIS (CASE 00-30-V). Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) were the following Mayoral reappointments: LIBRARY BOARD -Susan Burrows, William Grice, Rhys Read KEEP DES PLAINES BEAUTIFUL -Maggie 0' Donnell-Ancona, Donna Holtz, Elaine Tejcek ARCHITECTURAL COMMISSION -William Muehlenbeck CONSUMER PROTECTION COMMISSION -Sharon Smith (final action on these matters under Consent Agenda on August 21, 2000) ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE LIQ. LIC./ 919 E. OAKTON ST.: BID REVIEW/ WEBSTER LANE SIDEWALK &: IMPROVE.: 070 8/7/00 PAGE SEVEN LEGAL &: LICENSING Alderman Beauvais, Chair Petitioners Migdalia Perez and Bertha Gonzalez were sworn in by City Clerk McAllister and gave testimony before the Committee of the Whole. Moved by Smith, seconded by Petersen, to recommend to the City Council to grant request for new Class B Bulk Sale Liquor License for property located at 919 E. Oakton Street, d/b/a Oakton Liquors; contingent upon verification of fingerprints; and further recommend that Ordinance M-39-00 be placed on First Reading at appropriate time this evening. Motion declared carried. ENGINEERING Alderman Elstner, Chair Sr. Civil Engineer Kaszuba reviewed Director of Engineering Oakley's memo of July 24, 2000, regarding the bids that were received for constructing sidewalks, drainage improvements and street resurfacing along Webster Lane from Oakton Street to Howard Avenue. Alderman Christiansen stated that he is totally against this project; he is not against safety for children, but these improvements should be done by Special Assessment as is required in other areas or the request is denied; it is going to be hard for aldermen to deny any future requests; we have miles of streets in the City that are just like this; we are setting a bad precedent. Alderman Becker asked if most of the money isn't being spent for sewers. Engineer Kaszuba said yes. Alderman Sayad stated that this is something that is needed; what we are doing is recognizing a problem and fixing it; it is costing the City money, yes, but it has to be done; it is going to benefit the City. Alderman Beauvais stated that she thinks the City should take a look at all sidewalks and sewers; it doesn't matter which Ward; we need to look at a much more progressive approach. Alderman Brookman stated that the pros and cons of this issue has been discussed in the past; this administration has made a real commitment to improving our City; we have replaced sidewalks and storm sewers all over the City with no assessment; this is good public policy; we provide a service. Alderman Petersen stated that she is all for sidewalks and streets; it will improve the whole City; we should develop, however, have some kind of master plan. Acting Mayor Arredia stated that we should have a plan and fund it properly. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he agrees with Alderman Brookman; he does a lot of walking and some of the sidewalks he has seen are very dangerous; we don't want people falling; they could sue the City. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council to award bid for Webster Lane Sidewalk and Drainage Improvements to the lowest bidder, Mauro Sewer Construction, Inc., 1251 Redeker Road, Des Plaines, in the bid amount of $698, 711; plus, if necessary and requested in writing by the engineer, the following items and unit prices: Corporation Stop, 1" -$350/each Water Service Line, 1" -$30/foot WEBSTER LANE (Cont'd.) PURCHASE OF HOME SAFETY LIGHT BULBS: TIF PROJECT AREA #3: WARRANT REGISTER: PAGE EIGHT Curb Stop, 1" -$350/each Curb Box -$350/each Sanitary Sewer Service, 6"PVC -$110/foot 071 8/7/00 Sanitary Sewer Point Repairs, 24" dia. -$250/foot Motion declared carried. Aldermen Christiansen and Smith voted no. PUBLIC SAFETY Alderman Becker, Chair Alderman Becker stated that he has been in contact with Life Light Products, Inc., who would sell the City one (1) case of 400 bulbs for $5.00 each; these could be given to our residents free during fire safety inspections and police home inspections; they would also be available for purchase at $5 each at Fire Station #1, Police Station and City Hall. Alderman Sayad stated that he is in favor of this, but is the City in any way liable because we are giving them away free? City Attorney Wiltse stated that this is not meant to supplement 9-1-1, only to assist the safety personnel when answering a call. Moved by Beauvais, seconded by Smith, to recommend to the City Council to that the City purchase 400 emergency beacon light bulbs from Life Light Products, Inc., P.O. Box 1308, Minneapolis, MN, at a cost of $5 per bulb, for a total amount of $2, 000/General Funds; bulbs to be distributed free during home safety inspections and available for purchase for $5 each at Fire Station #1, Police Station and City Hall. Motion declared carried. COMMUNITY DEVELOPMENT Alderman Christiansen, Chair City Manager Douthwaite reviewed the three (3) ordinances being presented to establish a Tax Increment Financing (TIF) District for the area bounded by Wille Road, Mt. Prospect Road, Elmhurst Road and the I-90 Tollway. Moved by Smith, seconded by Petersen, to concur with Staff recommendation and recommend to the City Council that the following ordinances be placed on First Reading at appropriate time this evening: Ordinance M-40-00 -approving TIF Project Area #3; Ordinance M-41-00 -adopting TIF Financing for Project Area #3; and Ordinance M-42-00 -designating Wille Road-Mt. Prospect Road as TIF Area #3 Motion declared carried. FINANCE & ADMINISTRATION Alderman Brookman, Chair Moved by Sayad, seconded by Becker, to concur with Staff recommendation and recommend to the City Council approval of August 7, 2000 -Warrant Register, in the amount of $2,897,219.41, which includes $1,673.25 in expenditures to Home Depot; and further recommend that Resolution R- 56-00 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $1,673.25 -conflict of interest). ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION ---~ --- ALLEY VACA./ ILLINOIS, HOWARD, DEANE AND PROSPECT: Ordinance M-33-00 ORDINANCE Z-16-00 CONDIT. USE/ 382 s. MT. PROSPECT: ZONING CASE 00-33-PUD PRAIRIE & FIRST AVE.: PAGE NINE 072 8/7/00 Moved by Becker, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission to grant request from Phat Bao Temple, 1495 Prospect Avenue, that city vacate alley right-of-way located in the block bounded by Illinois Street, Howard Avenue, Deane Street and Prospect Avenue, contingent upon: 1. Petitioner reimbursing the City for cost of the land, as determined by the appraisal; 2. Petitioner providing a Plat of Vacation showing all streets and alleys in the vicinity with correct names and right-of-way widths and plat certificates; and 3. Petitioner removing the existing depressed curb located on Illinois Street and replace it with B6-12 curb and gutter; replace parkway sod; all to be done within 60 days of approval, weather permitting; and further recommend to place on First Reading Ordinance M-33-00. Motion declared carried. Moved by Becker, seconded by Brookman, to advance to Second Reading and adopt Ordinance M-33-00, AN ORDINANCE FOR THE VACATION OF AN ALLEY RIGHT-OF-WAY LOCATED WEST OF ILLINOIS STREET BETWEEN PROSPECT AND HOWARD AVENUES. 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 Sayad stated that he has not seen the elevation plans for this property; they were supposed to come back to the aldermen for their review and then he would have a meeting with his residents; the language in this proposed ordinance needs to be clarified. Moved by Sayad, second by Brookman, to place on First Reading Ordinance Z-16-00, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 4.2.2.12 OF THE DES PLAINES ZONING ORDINANCE TO ALLOW THE EXPANSION OF AN EXISTING PLACE OF WORSHIP, LOCATED AT 3 82 S. MT. PROSPECT ROAD, DES PLAINES, ILLINOIS (CASE 00-12- CU-V) , PENDING the necessary amendments to the ordinance regarding elevation levels for review before final adoption on August 21, 2000. Alderman Smith stated that he will be voting no again on this matter because the conditions placed on this Conditional Use are overly burdensome; this property is not in the flood plain; there is no requirement that the petitioner provide water retention; he is not against the Conditional Use, just the conditions being placed on it. Motion declared carried on the motion. Aldermen Smith voted no. Moved by Elstner, seconded by Smith, to suspend the rules to permit public input on this matter. Motion declared carried. Mr. Dan Ponterelli, Ponterelli & Company, 7001 W. Higgins Road, Chicago, IL 60656, developer for this site, addressed the City Council stating that he would like to reopen the lines of communication with the City Council to continue discussion on this development; the EDC, the Plan Commission and Staff have endorsed this project, but he would like to find out what the residents want and come back; he is a property owner in this area and would 1 ike to see something good happen there; perhaps the zoning could be changed; he has a vested interest; many residents in the area want this area redeveloped. PRAIRIE AVE. (Cont'd.) ORDINANCE Z-11-00 FLOOD PLAIN VARIATION/ 1054 RIVER: LIQ. LIC./ 919 OAKTON: Ordinance M-39-00 073 8/7/00 PAGE TEN Alderman Beauvais stated that she doesn't have a problem with this suggestion, but Mr. Ponterelli should start with the people in the area that have to live with any development; try to come up with some compromise and then come back for a meeting when the residents are present; they are not here tonight. Alderman Christiansen stated that he agrees with Alderman Beauvais; it is not fair to the people who are not here tonight; he thinks it was wrong for Mr. Ponterelli to come here tonight without notifying him, as chairman of the Community Development Committee, or the residents in the area of the proposed development. Moved by Becker, seconded by Sayad, that the recommendation of the Committee of the Whole held July 24, 2000, re Zoning Case 00-33-PUD, to deny request for approval of Preliminary Planned Unit Development (PUD) to permit construction of a 39-unit multi-family residential development in the area of Prairie and First Avenues, in C-1 Neighborhood Shopping District be TABLED for further review and report. Motion declared carried. Moved by Smith, seconded by Petersen, to adopt Ordinance Z-11-00, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 9-14-6(B) OF THE FLOOD PLAIN DEVELOPMENT GUIDELINES TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY HOME WITHOUT THE COMPENSATORY STORAGE GUIDELINES BEING MET AT 1054 S. RIVER ROAD, DES PLAINES (CASE 00-2-FP). Alderman Christiansen read parts of letters from FEMA cautioning the City Council in their action on this matter; he doesn't know how the aldermen can vote for this; we should consider the life, health and safety of the residents; we could be jeopardizing our rating for flood insurance. Alderman Brookman stated that the City prematurely adopted the FEMA flood guidelines; we just now got around to notifying the people who are now in the flood plain; we were remiss; the FEMA letters have baseless threats. Alderman Smith stated that this was not an easy decision for him; this decision doesn't mean that just because we approved this variation we have to approve others. Moved by Beauvais, seconded Christiansen, to suspend the rules to permit public input on this matter. Motion declared failed. Aldermen Beauvais, Christiansen and Elstner voted yes. Upon roll call on the original motion, the vote was: AYES: 5-Sayad, Brookman, Becker, Smith, Petersen NAYS: 3-Beauvais, Christiansen, Elstner ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to grant request for new Class B Bulk Sale Liquor License for property located at 919 E. Oakton Street, d/b/a Oakton Liquors; contingent upon verification of fingerprints; and place on First Reading Ordinance M-39-00. Motion declared carried. Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-39-00, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE TOTAL NUMBER OF CLASS B LICENSES BY ONE FROM 19 TO 20 TO ADD OAKTON LIQUORS LOCATED AT 919 E. OAKTON STREET, DES PLAINES. Upon roll call, the vote was: 9/5/00 INSERT "Alderman Brookman read parts of the letters from FEMA which stated: 'the variance was to waive the requirement for compensatory storage in a floodway fringe area which is not a National Flood Insurance Program requirement.' The letter from FEMA of July 7, 2000, also stated: 'we will close the file on this issue since the compensatory storage is not a National Flood Insurance requirment .. ' Based on these state- ments from FEMA, it is clear that the variation did not jeopardize the City's flood insurance rating." LIQ. LIC. (Cont'd.) BID AWARD/ WEBSTER LANE SIDEWALK &: IMPROVE.: ORDINANCE M-36-00 POSITION CLASSIFICA./ COMMUNITY POLICING COORDINATOR: ORDINANCE Z-15-00 CONDIT. USE/ 1969 TOUHY: PURCHASE OF HOME SAFETY LIGHT BULBS: TIF PROJECT AREA #3: 074 8/7/00 PAGE ELEVEN AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Sayad, to concur with recommendation of Committee of the Whole to award bid for Webster Lane Sidewalk and Drainage Improvements to the lowest bidder, Mauro Sewer Construction, Inc., 1251 Redeker Road, Des Plaines, in the bid amount of $698,711; plus, if necessary and requested in writing by the engineer, the following items and unit prices: Corporation Stop, 1" -$350/each Water Service Line, 1" -$30/foot Curb Stop, 1" -$350/each Curb Box -$350/each Sanitary Sewer Service, 6" PVC -$110/foot Sanitary Sewer Point Repairs, 24" dia. -$250/foot Upon roll call, the vote was: AYES: 6-Beauvais, Elstner, Sayad, Brookman, Becker, Petersen NAYS: 2-Christiansen, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-36-00 (presented earlier in the meeting under Consent Agenda) , AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN, " SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE V, "TECHNICAL, ENGINEERING AND INSPECTION GROUP" TO ADD THE NEW POSITION OF COMMUNITY POLICING COORDINATOR IN THE DES PLAINES CITY CODE. 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 Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-15-00 (presented earlier in the meeting under Consent Agenda) , AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING PLACE OF WORSHIP, LOCATED AT 1969 TOUHY AVENUE, DES PLAINES, ILLINOIS (CASE 00-27-CU) . 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 Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole that City purchase 400 emergency beacon light bulbs from Life Light Products, Inc., P.O. Box 1308, Minneapolis, MN 55345, at a cost of $5 per bulb, for a total amount of $2, 000/General Funds; bulbs to be distributed free during home safety inspections and available for purchase for $5 each at Fire Station #1, Police Station and City Hall. 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 Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to approve TIF Project Area #3 at Wille and Mt. Prospect Roads and place on First Reading Ordinance M-40-00. Motion declared carried. ~ TIF #3 (Cont'd.) Ordinance M-40-00 Ordinance M-41-00 Ordinance M-42-00 WARRANT REGISTER: Resolution R-56-00 PETITIONS/ PRAIRIE & FIFTH: FUNDING/ OPEN HOUSE RE STREET- SCAPE STATUS: 075 8/7/00 PAGE TWELVE Moved by Christiansen, seconded by Brookman, to advance to Second Reading and adopt Ordinance M-40-00, AN ORDINANCE APPROVING THE CITY OF DES PLAINES COOK COUNTY , ILLINOIS, TAX INCREMENT REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN AND PROJECT NO. 3 AT WILLE AND MT. PROSPECT ROADS. 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 Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to adopt TIF Financing for Project Area #3, Wille and Mt. Prospect Roads and place on First Reading Ordinance M-41-00. Motion declared carried. Moved by Christiansen, seconded by Elstner, to advance to Second Reading and adopt Ordinance M-41-00, AN ORDINANCE ADOPTING TAX INCREMENT FINANCING FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. 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 Christiansen, seconded by Sayad, to concur with recommendation of Committee of the Whole to designate Wille and Mt. Prospect Roads as TIF Area #3 and place on First Reading Ordinance M-42-00. Motion declared carried. Moved by Christiansen, seconded by Becker, to advance to Second Reading and adopt Ordinance M-42-00 , AN ORDINANCE DESIGNATING THE CITY OF DES PLAINES, ILLINOIS , TAX INCREMENT REDEVELOPMENT PROJECT AREA NO. 3 AT WILLE AND MT. PROSPECT ROADS. 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 Brookman, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-56-00, 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: $2,897,219.41, which includes $1,673.25 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 $1,673.25 -conflict of interest). Acting Mayor Arredia referred petitions received in the City Clerk's Office on July 21, 2000, requesting four-way stop signs at Prairie and Fifth Avenues to Staff for review and report. Moved by Elstner, seconded by Becker, to authorize payment to Hitchcock Design Group, 221 W. Jefferson Avenue, Naperville, IL 60540, to fund a public open house on Wednesday, August 30, 2000 at 6:00 p.m. in Room 102 of City Hall, to gather public input on planned STREETS CAPE (Cont'd.) ADJOURNMENT: 076 8/7/00 PAGE THIRTEEN streetscape for the downtown area; and also facilitate a workshop with approximately 35 invited attendees regarding design; all for a total amount of $2,500/TIF Funds. 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 Beauvais, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:20 p.m. ~~~& Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS ~-~---~~~ ACTING MAYOR