10-02-2000112
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,
OCTOBER 2, 2000
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines, Illinois, was cal led 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, October 2, 20 00.
ROLL CALL: Roll call indicated
Beauvais , Elstner,
Petersen. Alderman
Session at 6:34 p.m.
the following aldermen present:
Sayad, Brookman, Becker, Smith,
Christiansen arrived in Executive
Also present were: Assistant City Manager-EDC Schneider, Assistant to
the City Manager Bajor, Director of Financ e Egeberg, Police Chief Ryan,
Fire Chief Farinella , Director of Public Works Killian, Director of
Engineering Oakley, Dir ector of Commun ity Development D' Onofrio, Director
of Human Resources & Services Merriman, Assistant City Attorney Bartel
and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
CITIZEN
PARTICIPA.:
Moved by Brookman, seconded by Becker,
Executive Session to discuss acquisition
price for sale or lease of City property.
call , the vote:
AYES: 7-Beauvais, Elstner, Sayad,
Brookman , Becker, Smith, Petersen
NAYS : 0-None
ABSENT : 1-Christiansen
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:06 p.m.
to go into
and setting
Upon roll
Roll call indicated the following aldermen present:
Beauvais, Christiansen , El s tner, Sayad, Brookman, Becker,
Smith, Petersen.
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag, led by
Cub Pack 148 from Orchard Place School.
Director of Human Res ources & Services Merriman gave an
overview of t he Des Plaines Healthy Community
Partnership, which was c r e ated in September, 1997; this
is a na tionwide initiative developed to improve the
physical and social environment and expand resources that
enable people to mutually support each other in
perfor ming the maj or func t ions of life and develop their
maximum potential; He a lthy Community Partnership
mobilizes people, organizations, institutions and systems
to t ake action to identify, link and mobilize community
asse ts t hat will benef it al l people of Des Plaines.
Mrs. Gloria Keane, 204 8 Webster Lane, a member of the Des
Plaines Special Events Commission, addressed the City
Council stating that the 20 00 Waterford Crystal Handball
Championships will be he ld in the Des Plaines area,
October 8-15, 2000, with the host site at Lattof YMCA,
300 E. Northwest Highway ; the opening ceremony will be
held Sunday, October 8, 2 00 0. Mrs. Keane read a list of
local sponsors who will be providing refreshments for
this exciting sporting e v ent. Mrs. Keane thanked the
City Council and the De s Plaines Park District for their
assi stance.
CITIZEN
(Cont / d.)
ACQUIS. &
SETTING PRICE
FOR SALE OR
LEASE OF CITY
PROPERTY/ 841
GRACELAND:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
PAGE TWO
113
10/2 /00
Mr. Vinc e Powers, 862 Webster Lane, addressed the City
Council stating that he would like to thank the City
Council for taking action on a safety matter at the
Library suggested by Alderman Brookman that a fence be
erected along t he railroad tracks in front of the
Library; he experienc e d a personal family tragedy because
a fence was not installed; he thanked Alderman Brookman
for b ring this danger t o the City Council's attention and
for thei r quick action.
Ms . Terry Nelson, 133 0 E . Rand Road, addressed the City
Council stating that she is a 2 7-year resident; she
thanked the City for its s upport in the past for aiding
her and o thers during the hearings on the adult bookstore
being proposed f or De s Plaines; she is asking the City
to cont i nue its suppo r t; this store would be right by a
bus stop for children ; t he residents in the area do not
want it ; School District 5 9, local businesses and 1,000
families are working together to fight this; maybe other
businesses like this won 't want to locate here if they
see what Des Plai n es is doing.
A reside nt at 46 2 W. Touhy Avenue, addressed the City
Council stating t hat s he is president of the Mobile Park
Homeowners Association; she thanked the City Council for
all the h elp they have given the Association in fighting
against this bookstore.
Mr. John Yaccino , 177 9 Cora Street, addressed the City
Council and asked Pol ice Chief Ryan to thank all the
police o fficers who assist ed at a recent fundraiser for
Eric Elias. Mr . Yaccino also stated that he feels
prese n t department heads s hould not be grandfathered in
regarding residency; h e doesn't think the residents are
receiving the services from these departments; his alley
hasn't been plowed f or t wo (2) years in a row ; please
plow h is alley .
Moved b y Christiansen , seconded by Becker, to concur with
consensus in Executive Session that Staff be authorized
to obtain furthe r information regarding the acquisition
and s ett ing price for sale or lease of City property at
841 Graceland Avenue; and Staff be further authorized to
arrange f or a public meeting on this matter with the Des
Plaines Community Senior Center and the Des Plaines Park
District as soon as possible. Motion declared carried.
Alderman Elstner requested that Items 9 and 9a be removed
from the Consent Agenda and Alderman Brookman requested
that Item 13 be removed.
Moved by Beauvais, seconded by Sayad, to establish a
Consent Agenda e xcept fo r Items 9, 9a and 13. Motion
declared carried.
Moved by Brookman , s econded by Sayad, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Chri stiansen, 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-48-00, M-49-00, Z-18-00, Z-
19-00, Z-20-00 and Z-2 1 -00 we re adopted; Ordinances M-51-
00, M-52 -00, M-5 3-00, M-5 4-0 0, Z-22-00, Z-23-00 and Z-25-
00 we re placed o n First Reading; and Resolution R-66-00
was adopted.
Moved by Brookman , seconded by Sayad, to approve minutes
of the regular me eting of the City Council held September
18, 2 000. Mo tion d eclared carried as approved
unanimously under Consent Agenda.
MINUTES
(Cont'd.)
RESCIND
M-22-00
M-23-00
M-24-00:
Consent
Agenda
Ordinance
M-51-00
LIC. AGREE./
KYLEMORE
GREENS AT
WOLF:
Consent
Agenda
Ordinance
M-52-00
LIC. AGREE./
1327
BROWN ST.:
Consent
Agenda
Ordinance
M-53-00
RESCIND. ORD.
M-29-00/
2584 RUSTY:
Consent
Agenda
Ordinance
M-54-00
ZONING CASE
00-49-V
VARIATION/
960 E.
WALNUT:
Consent
Agenda
114
10/2/00
PAGE THREE
Moved by Brookman, seconded by Sayad, to approve minutes
of the Executive Session of the City Council held
September 18, 2000. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation to re scind Ordinances M-22-00, M-23-
00 and M-24-00, adopted by the City Council on June 19,
2000, granting request to permit installation of an
underground sprinkler syst em in City-owned right-of-way
adjacent to properties located at 630 Kylemore Drive and
1150 Wexford Court because it included underground
sprinkler systems on two (2) adjacent private lots; and
further recommend to place on First Reading Ordinance M-
51-00, AN ORDINANC E RESCINDING ORDINANCES M-22-00, M-23-
00, AND M-24-00 AND ADOP TING ORDINANCE M-51-00 TO CORRECT
THE LOCATION OF THE SPRINKLER SYSTEM TO BE INSTALLED IN
THE PUBLIC RIGHT-OF -WAY AT THE KYLEMORE GREENS HOMEOWNERS
ASSOCIATION. Motion declared carried as approved
unanimously under Consent Ag enda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation to grant request to permit
installation of an underground sprinkler system in the
median located in the center of Kylemore Drive, east of
Wolf Road; Acting Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-52-00,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH KYLEMORE GREENS HOMEOWNERS
ASSOCIATION, FOR THE INSTALLATION OF AN UNDERGROUND LAWN
SPRINKLER SYSTEM IN THE MEDIAN LOCATED IN THE CENTER OF
KYLEMORE DRIVE, EAST OF WOLF ROAD IN DES PLAINES,
ILLINOIS. Motion declared carried as approved
unanimous ly under Consent Agenda.
Moved by Brookman , seconded by Sayad, 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 1327
Brown Street; Acting Mayor and City Clerk be authorized
to execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-53-00,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH RAY FRANCZAK, PROPERTY OWNER, FOR
THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM
IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 1327 BROWN STREET,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendat ion to rescind Ordinance M-29-00,
adopted by the City Council on July 10, 2000, granting
request to permit installation of an underground
sprinkler system in City-owned right-of-way adjacent to
property located at 2584 Rusty Drive, because petitioner
has decided not to install the sprinkler system; and
further recommend to place on First Reading Ordinance M-
54 -00 , AN ORDINANCE RESCINDING THE RIGHT-OF-WAY LICENSE
AGREEMENT BETWEEN THE CITY OF DES PLAINES AND DELORES
DAVIS, PROPERTY OWNER, FOR THE INSTALLATION OF AN
UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-
WAY IN FRONT OF 2584 RUSTY DRIVE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with Des
Plaines Zoning Board of Appeals and Staff, re Zoning Case
00-49-V, to grant reque st to permit installation of a 6'
high, solid fence in front yard, instead of the maximum
permi tted height of 4' and 50% open, on property located
at 960 E. Walnut Avenue in R-1 Single-Family Residential
District; and further recommend to place on First Reading
Ordinance Z-22-00, AN ORD INANCE AUTHORIZING A VARIATIO~
Z-22-00
(Cont'd.)
ZONING CASE
00-51-CU
CONDIT. USE/
1111 E.
TOUHY AVE.:
Consent
Agenda
Ordinance
Z-23-00
ZONING CASE
00-52-V
VARIATION/
810 ROSE:
Ordinance
Z-24-00
ZONING CASE
00-53-V
VARIATION/
365 LAWN:
Consent
Agenda
Ordinance
Z-25-00
VEHICLE
ENFORCEMENT
AGREEMENT/
NORWOOD
PLAZA
WOLF ROAD:
Consent
Agenda
Resolution
R-66-00
PAGE FOUR
115
10/2/00
TO SECT I ON 8. 2 -1 OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERM IT THE CONSTRUCTION OF A SIX-FOOT HIGH
FENCE I N A FRONT YARD LOCATED AT 960 E. WALNUT AVENUE ,
DES PLAINES, ILLINOI S (CASE 00-49-V). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman , seconded by Sayad, to concur with
recommendation of De s Plaines Zoning Board of Appeals and
Staff, re Zoning Cas e 00-51-CU, to grant request for a
Conditional Use to permi t installation of a commercial
mobile radio facil ity on the roof of an existing building
located at 1111 E . Touhy Avenue in C-2 Limited Office
Commercial District; contingent upon the antennae and
equipment having no a dvertising whatsoever placed on it
or attached to it; a nd further recommend to place on
First Reading Ordinance Z-2 3-00, AN ORDINANCE GRANTING
A CONDIT IONAL US E PE RMI T TO ALLOW THE MOUNTING OF A
COMME RCI AL MOBIL E RADI O SERVICE FACILITY, UNDER SECTION
8. 3 "ANT ENNAE REGULAT ION" OF THE DES PLAINES ZONING
ORDINANC E, AT 1111 E . TOUHY AVENUE, DES PLAINES, ILLINOIS
(CASE 00-51-CU). Mo t ion declared carried as approved
unanimou sly under Consent Agenda.
Moved by Elstner, seconded by Smith, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staf f, r e Zoning Case O O -52 -V, to grant request for
Variat ion to permit insta llation of a 6' high, solid
fence in front yard , instead of the maximum permitted
height of 4' and 50 % open , on property located at 810
Rose Avenue in R-1 Single-Family Residential District;
and further recommend to p lace on First Reading Ordinance
Z-24-00, AN ORDINANCE AUTHOR IZING A VARIATION TO SECTION
8. 2-1 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
PERM IT THE CONS TRUCTION OF A SIX-FOOT HIGH FENCE IN A
FRONT YARD LOCATED AT 810 ROSE AVENUE, DES PLAINES,
ILLINOIS (CASE 00-52 -V). Motion declared carried as
approved unanimously u n der Consent Agenda.
Moved by Brookman , s econded by Sayad, to concur with
recommen dation of Des Plaines Zoning Board of Appeals and
Staf f, r e Zoning Case o 0-3 9-CU, to grant request for
Varia t ion to permit c onstruction of an oversized (6' x
16') d e tached a c ces sory structure, instead of the
permit t e d 10' x 12', on property located at 365 S. Lawn
Lane in R-1 Single-Fa mily Residential District;
contingent upon petit ioner obtaining written
authorization from a ll u tility companies to locate the
accessory structure in t he easement before a building
permit is issued and p etitioner pay a permit fee of $150
for building without a p ermit; and further recommend to
place on First Reading Ordinance Z-25-00, AN ORDINANCE
AUTHORIZ ING A VARIATION TO SECTION 7.2-2 OF THE CITY OF
DES PLAINES ZONING ORDI NANC E TO PERMIT THE CONSTRUCTION
OF AN ACCESSORY BUILDING FO R A STORAGE SHED TO BE BUILT
WITH A 1 -FOOT SIDE YARD SETBACK AND 1-FOOT REAR YARD
SETBACK INSTEAD OF THE RE QU IRED 5 FEET AT 365 SOUTH LAWN
LANE, DE S PLAINES, I LL INO IS (CASE 00-53-V). Motion
decl ared carried .
Moved by Brookman, s e conded by Sayad, to concur with
Staff recommendat ion that Acting Mayor and City Clerk be
author i zed to execute Ag reement for Enforcement of
Municipal Ordinan c e s on Private Property with Norwood
Plaza Shopping Cente r , 615 -699 Wolf Road, for police,
traffic and parking enforcement; and further recommend
to adopt Resolution R-6 6-0 0, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING
THE EXE CUTION OF AN AGREEMENT FOR ENFORCEMENT OF
MUNIC IPAL ORDINANCES UNDE R TITLES VI "POLICE REGULATIONS"
AND X "TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY FOR
NORWOOD PLAZA PARK ING EN FORCEMENT IN DES PLAINES,
ILLINOIS . Mo tion declared carried as approved
unanimously under Consent Agenda.
PARKING PAD
VARIATION/
91 DOREEN:
Consent
Agenda
DRIVEWAY
VARIATION/
2281
WESTVIEW:
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-48-00
"INTERESTED
PARTIES"
REGISTRIES:
Consent
Agenda
ORDINANCE
M-49-00
LIC. AGREE./
691
CASTLEREA:
Consent
Agenda
ORDINANCE
Z-18-00
CONDIT. USE/
CENTRAL &
RAND RDS.:
Consent
Agenda
ORDINANCE
Z-19-00
VARIATION/
424 HOWARD:
Consent
Agenda
PAGE FIVE
116
10/2/00
Moved by Brookman , s econded by Sayad, to concur with
Staff recommendation to grant request for an after-the-
fact Variation t o Section 4-7-9 of the Building Code
Amendments to legalize existing 9' x 66' parking pad
adjace nt to driveway and proposed garage on property
located at 91 Doreen Drive ; and petitioner pay a permit
fee o f $150 for building without a permit. Motion
declared carried a s approved unanimously under Consent
Agenda.
Alderman Brookman requested that the fine for building
without a permit be r educed from $500 to $150 because the
contractor did not obtain a permit when the driveway was
installed.
Moved b y Brookman, seconded by Sayad, to grant request
for an after-the-fact Variation to the Building Code
Amendments to legalize e xist ing, hard-surface (asphalt),
circular driveway (Code requires City Council approval
of al l circular driveways ), on property located at 2281
Westview Drive; and p e t i tioner pay a permit fee of $150
for building without a permit . Upon roll call, the vote
was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Petersen
NAYS : 0 -None
ABSEN T : 0-None
Motion declared carried.
Moved b y Brookman, seconded by Sayad, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for construction of Garland Place Cul-
De-Sa c , returnable by 3:00 p.m., Thursday, October 19,
2000. Motion declared carried as approved unanimously
under Consent Ag enda.
Moved by Brookman, seconded by Sayad, to adopt Ordinance
M-48-00, AN ORDI NANCE AUTHORIZING RESCINDING THE M-7-00
ORDINANC E AUTHORI ZING THE ESTABLISHMENT OF TAX INCREMENT
FINAN CING "INTERESTED PARTIES' REGISTRIES, AND ADOPTING
REGISTRATION RUL ES FOR SUCH REGISTRIES TO CHANGE THE
KEEPER OF THE REGISTRY FROM THE CITY CLERK TO THE
ECONOMIC DEVELOP MENT COMMI SSION (EDC) AND TO AUTHORIZE
AND DIRECT THE EDC AND I TS DESIGNEE TO MAINTAIN THE
REGISTRY AND TO READO PT THE RULES TO SO PROVIDE. Motion
declared carried as approved unanimously under Consent
Agenda .
Moved b y Brookman , seconded by Sayad, to adopt Ordinance
M-49-00 , AN ORDI NANC E AUTHORIZING THE EXECUTION OF A
RIGHT -OF-WAY LICENSE AGR EEMENT WITH WILLIAM R. ROMANO,
PROPE RTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND
LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT
OF 6 91 CASTLEREA LANE , DES PLAINES, ILLINOIS. Motion
decl ared carried as approved unanimously under Consent
Agenda .
Moved by Brookman , seconded by Sayad, to adopt Ordinance
Z-18-00 , AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
IN AC CORDANCE WI TH TH E DES PLAINES ZONING ORDINANCE TO
ALLOW FOR A DRIVE -THRU FAC ILITY AS PART OF A WALGREENS
DRUG STORE LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AND
RAND ROADS, DES PLAINES, ILLINOIS (CASE 00-46-CU).
Motion declared c arried a s approved unanimously under
Consent Agenda.
Moved by Brookman , seconded by Sayad, to adopt Ordinance
Z-19-00, AN ORDINANCE AUTHO RIZING A VARIATION TO SECTION
7. 4 -2 OF THE CITY OF DE S PLAINES ZONING ORDINANCE TO
ALLOW FOR A HEIGHT OF 46 FEET INSTEAD OF THE PERMITTED
HEIGHT OF 40 FEET AT 4 2 4 HOWARD AVENUE, DES PLAINES,
ILLINOIS (CASE 00 -3 7-V). Motion declared carried as
approved unanimously under Consent Agenda.
ORDINANCE
Z-20-00
CONDIT. USE/
1527
ELLINWOOD:
Consent
Agenda
ORDINANCE
Z-21-00
CONDIT. USE/
1099 J.
SCHWAB RD.:
Consent
Agenda
ADOPTION OF
FLOOD PLAIN
RATE MAP:
ORDINANCE
Z-23-00
CONDIT. USE/
1111 TOUHY:
LIQ. LIC./
659 N.
WOLF ROAD:
WARRANT
REGISTER:
PAGE SIX
117
10/2/00
Moved by Brookman , seconded by Sayad, to adopt Ordinance
Z-20-00, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
IN AC CORDANCE WI TH THE DES PLAINES ZONING ORDINANCE TO
ALLOW FOR A CLASS B RE STAURANT IN A C-5 CENTRAL BUSINESS
DISTRICT AT 1527 ELLINWOOD STREET (LIBRARY PLAZA), DES
PLAINES, ILLINOIS (CASE 00-38-CU). Motion declared
carried as approved u nanimously under Consent Agenda.
Moved by Brookman , s econded by Sayad, to adopt Ordinance
Z-21-00, AN ORDI NANCE GRANT ING A CONDITIONAL USE PERMIT
IN ACCORDANCE WITH THE CITY OF DES PLAINES ZONING
ORDINANCE TO ALL OW FOR THE INSTALLATION OF ADDITIONAL
ANTENNAE AND ELECTRICAL EQU IPMENT ON AN EXISTING MONOPOLE
TOWER SITE AT 109 9 J OSEPH J. SCHWAB ROAD, DES PLAINES,
ILLINOIS (CASE 00 -39 -CU). Motion declared carried as
approved unanimous ly under Consent Agenda.
Moved by Christiansen, seconded by Becker, to TABLE until
October 1 6, 2000 , the matter of the Adoption of the Flood
Plain Rate Map and Ordinance M-56-00, scheduled to be
discussed in Committee o f t he Whole later this evening.
Motion d eclared carried .
Moved by Sayad, seconded by Smith, to advance to Second
Reading and adopt Ordinance Z-23-00, AN ORDINANCE
GRANT ING A CONDIT IONAL USE PERMIT TO ALLOW THE MOUNTING
OF A COMMERCIAL MOBI LE RADIO SERVICE FACILITY, UNDER
SECTION 8. 3 "ANTENNAE REGULATION" OF THE DES PLAINES
ZONING ORDINANCE, AT 1111 E . TOUHY AVENUE, DES PLAINES,
ILLINOIS (CASE 00 -51-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.
ACTING MAYOR ARREDIA DE CLARE D THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING Alderman Beauvais, Chair
Petit ioners Yvonne Wozniczka and Frank Houmpaulis were
sworn in by the City Clerk a nd gave testimony before the
Committee of the Whole .
Moved by Christiansen , s econded by Sayad, to recommend
to the City Council t o g rant request for Class E Liquor
License for property located at 659 N. Wolf Road, d/b/a
Illusion Cafe; contingent upon verification of
fingerprints; and further recommend that Ordinance M-55-
00 be placed on First Reading at appropriate time this
evening. Motion dec l ared carried (Alderman Becker
abstained -conflict of interest).
FINANCE & ADMINI STRATION Alderman Brookman, Chair
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation and recomme nd to the City Council approval
of Oc tober 2, 20 00 - Warrant Register, in the amount of
$2,321,894.38; wh ich i ncludes $480.25 in expenditures to
Home De pot; and fu rther recommend that Resolution R-67-00
be adopt ed at appropriat e time this evening. Motion
declared carried (Alderman Elstner was not present) .
BUILDING CODE Alde r man Sayad, Chair
BATTING CAGES
IN RESIDEN.
AREAS:
POSTING OF
SIGNS &
ADVERTISE. :
ORDINANCE
M-50-00
SALARY OF
CITY CLERK:
118
10/2/00
PAGE SEVEN
Alderman Sayad s tated that he visited the site of the
batting cage in the backyard of the home on Elizabeth
Lane that was brought up at the City Council meeting on
September 5, 2000 ; the homeowner was very cooperative and
will i nstall two (2) a dditional nets behind the batting
cage as an additional safeguard; there is also the
problem of noise which t he homeowner said he will try to
do something about al so ; t he homeowner is not breaking
any laws .
Director of Community Development D'Onofrio reviewed his
memo of September 21, 2 O O O, in which he states that
recreat i onal apparatuses are not currently regulated by
the Ci ty; he has r equested that the Northwest Municipal
Conference survey its me mber municipalities to see if
they control these types of uses, which should be
completed in a few we eks.
Moved by Sayad, s econded by Brookman, to recommend to the
City Council that Staff be authorized to obtain a survey
from t he Northwest Mun icipal Conference regarding whether
other member munic i p a lities control recreational
apparatuses and report back to the Committee of the
Whole . Motion declared carried.
Alderman Sayad stated that there are advertisements on
poles wh ich is violating the City's zoning ordinance; we
need to let these companies know that they are breaking
the law by putting the signs on the poles; people should
call t he Public Works Department if they see signs on
poles or parkways and they will take them down; we should
put this information on the City's cable Channel #17.
Director of Community Deve lopment D'Onofrio reviewed his
memo of September 21 , 2 00 0, stating that Staff will begin
to explore ways to address how to effectively eliminate
illegal signs being p osted; there will be a review of the
current sign removal procedures; he and City Attorney
Wiltse will discuss wa ys t o deal with those companies
that are out-of-state.
Moved by Sayad, s econded by Brookman, to recommend to the
City Council that Sta f f be authorized to review how
illegal signs and adve rt isements can be effectively
eliminat ed; review current sign removal procedures; and
report back to the Committee of the Whole. Motion
declared carried.
ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SES SION
Moved b y Christiansen , seconded by Smith, to adopt
Ordinance M-50-00 , AN ORD INANCE AMENDING TITLE I, CHAPTER
15, SECTION 4, "CLASSIFI CAT ION PLAN TO THE CITY SERVICE"
FOR THE POSITION OF CITY CLERK.
Alderman Sayad s tated t hat he will be voting no; the
amount of increase is excessive; he would like to have
seen t h e amount l ower.
Alderman Brookman stated t hat she will be voting no for
all the r easons s he has previously stated.
Upon r oll call, t he vote was:
AYES: 6-Beauvais , Christ iansen, Elstner,
Becker, Smith , Petersen
NAYS: 2-Sayad, Brookma n
ABSENT: 0 -None
Motion declared carried .
ACQUISITION
OF PROP./
600
ALGONQUIN:
YEAR 2001
CAPITAL
IMPROVEMENT
PROGRAM:
PAGE EIGHT
119
10/2/00
Moved by Becker, seconded by Brookman, that Acting Mayor
and City Attorney, as his designee, be authorized to
execute any and all documents necessary for the City's
purchase of property located at 600 Algonquin Road, at
a price not to exceed $200,000, to be reimbursed from
funds received from the Illinois First State Grant
Program; Acting Mayor and City Clerk be authorized to
execute Lease Agreement with the Self-Help Clos~t and
Food Pantry of Des Plaines for use of this property for
a term of ten (10) years commencing November 1, 2000 and
ending October 31, 2010, for a yearly rent of $1.00; and
adopt Resolution R-68-00, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING
THE EXECUTION OF A CONTRACT FOR PURCHASE OF 600 ALGONQUIN
ROAD FOR THE USE OF THE SELF-HELP CLOSET AND PANTRY OF
DES PLAINES, ILLINOIS.
Alderman Petersen stated that she doesn't think the City
should be in the real estate business and buy buildings
for non-profit, charitable organizations; we are taking
a building off the tax rolls; there is very little
parking on this site; there is the safety issue in that
people have to park across the street; why are we taking
grant money that we have not received yet for a building
that is not ADA compliant; so she will be voting no for
these reasons and many others.
Alderman Sayad stated that this is not costing the City
any money; we have a business that will do the ADA
improvements; the Self-Help Closet is working on the
parking problem; this is a very positive move.
Alderman Christiansen stated that unfortunately a service
like this is needed in our town; buses will go by this
location; a lot of thought went into this building;
fortunately we have a lot of volunteers to make sure that
people have food on their tables.
Moved by Beauvais , seco nded by Sayad, to call for the
question. Motion declared carried.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christ iansen, Elstner,
Sayad, Brookman, Becker, Smith
NAYS: 1-Petersen
ABSENT: 0-None
Motion declared carried.
Moved by Elstner, seconded by Christiansen, to concur
with recommendation of Co mmittee of the Whole held
September 2 5, 2 O O O, to approve the Year 2 001 Capital
Improvement Program in the amount of $10,343,050.
Alderman Elstner stated that he would like to see
additional sidewalks done in 2001; we would need
additional funding; he would like Director of Engineering
Oakley to check with the City's contractors to see if
more sidewalks could be done.
Alderman Brookman stated that it is her understanding
that a sidewalk from the back of K-Mart on Lee Street
south to Valiquet Saws Company would be included in 2001.
Director Oakley said that sidewalk is included in 2002.
Alderman Brookman stated that was not her understanding.
Acting Mayor Arredi a also stated that he thought it would
be in 2001.
Director Oakley stated that if you move that new sidewalk
on Lee Street to 2001, the total CIP would have to be
increased by $50,000 .
Alderman Beauvais stated that she wants to see the whole
program.
2001 CIP
(Cont'd. )
PAGE NINE
120
10/2/00
Alderman Christiansen stated that he doesn't remember any
discussion about a new sidewalk at K-Mart; he does
remember asking that if the prices came back favorably,
we put that money in alleys; we are already putting in
$500,000 in sidewalks next year and nothing in alleys.
Alderman Brookman stated that she is
repairing alleys, but this is a safety
children our walking on the streets.
not against
factor; our
Alderman Sayad stated that he had the Staff look at the
sidewalks in his Ward t hat are in terrible condition;
they are not on this list; they should be replaced and
right now; we should take the money we have in our
account and correct them right now; if there is any money
left over then do the alleys, but he wants sidewalks
fixed .
Alderman Elstner agrees that more sidewalks need to be
fixed and that is why he asking for more funding for this
year, but he doesn't remember talking about a specific
sidewalk at the last meeting; we should leave it up to
the Engineering Department to rate these sidewalks; it
should be taken out of the aldermen's hands.
Alderman Beauvais stated that she would like have the
Year 2001 CIP approved as presented and that three
separate funds be established to address sidewalks,
alleys and streets and sewers (already in place through
the CIP ); we should make improvements in all areas.
Moved by Elstner, seconded by Becker, to call for the
question. Motion declared failed. Aldermen Beauvais,
Christ iansen, Sayad and Brookman voted no, and Alderman
Elstner, Becker, Smith and Petersen voted yes (a tie vote
is a failed vote ) .
Alderman Smith stated that he thought the last meeting
was pretty clear as to what we wanted; we were going to
approve the CIP in this amount and if any bids came in
under what was budgeted, that money would be used for
what the Engineering Department thought was appropriate,
i.e. more streets, alleys or sidewalks; the CIP should
be approved first.
Alderman Becker asked how many feet of sidewalk would
there be on Lee Street. Director Oakley said
approximately 600' for about $50, 000 in additional money.
Moved by Brookman, seconded by Sayad, to adopt a
substitute motion that the Year 2001 Capital Improvement
Program be approved in the amount of $10,343,050, plus
$50,000 for a new sidewalk, approximately 600' long, from
K-Mart on Lee Street south to Valiquet Saws Company, for
a total Year 2001 CIP amount of $10,393,050.
Alderman Sayad stated that he has six ( 6) pages of
sidewalks that need repair in his Ward; we have the
money; let's use it to repair these hazardous sidewalks;
we have to correct these sidewalks before someone falls
down and gets hurt; he also remembers aldermen agreeing
to a new sidewalk on Lee Street.
Alderman Elstner stated that we should fix the defective
sidewalks and take a look at new sidewalks at a later
date.
Alderman Smith stated that he doesn't have a problem with
Alderman Brookman's motion although he doesn't remember
the Lee Street sidewalk being discussed at the last
meeting; let's do that and approve the Year 2001 CIP.
2001 CIP
(Cont'd.)
LIQ. LIC./
659 N.
WOLF ROAD:
Ordinance
M-55-00
WARRANT
REGISTER:
Resolution
R-67-00
121
10/2/00
PAGE TEN
Alderman Beauvais sta ted t hat she doesn't have a problem
with an accelerated sidewa lk program, or the Lee Street
sidewalk or fixing bad s idewalks, but what are we doing
to do with alleys when no money has been allocated for
next yea r; she has two (2) very dangerous alleys in her
Ward.
Moved by Sayad, seconded by Brookman, to call for the
quest ion . Motion declared carried. Alderman Beauvais
voted no.
Upon r ol l call on the substitute motion, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker , Smith, Petersen
NAYS: 0-None
ABSENT: 0-None
Motion declared c arried .
Moved by Elstner, s econded by Sayad, to authorize Staff
to negotiate with contractors for repair of additional
hazardous sidewalks this year and report back to the
Committe e of the Whole on October 16, 2000.
Alderman Beauvais again asked what is going to be done
with d angerous all eys; s he knows nothing can be done this
year b ut if no mo ney is allocated for next year, it will
be two (2 ) years before anything can be done.
Acting Mayor Arredia stated that it was his understanding
at the last meeting that funding for dangerous alleys and
sidewalks would be d iscussed at the upcoming budget
hearings and sepa r ate funds be set up just like for
streets.
Motion declared carried on Alderman Elstner's motion.
Moved by Beauvais , seconded by Christiansen, to concur
with recommendation o f Committee of the Whole to grant
request f or Class E Liquor License for property located
at 659 N. Wolf Ro ad, d/b /a I llusion Cafe; contingent upon
verification of f ingerprint s; and place on First Reading
Ordinance M-55-0 0 . Motion declared carried.
Moved by Beauvais , seconded by Christiansen, to advance
to Second Reading a nd a dopt Ordinance M-55-00, AN
ORDINAN CE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS"
OF THE CITY CODE OF DES PLAINES, TO INCREASE THE TOTAL
NUMBER OF CLASS E LICENSES BY ONE FROM 16 TO 17 TO ADD
ILLUSION CAFE, I NC . LOCAT ED AT 659 N. WOLF ROAD, DES
PLAINES. Upon roll cal l, the vote was:
AYES: 7 -Beauvais, Christiansen, Elstner, Sayad,
Brookman, Smith, Petersen
NAYS: 0-None
ABSENT: 0-None
ABSTAIN:l-Becker (conflict of interest)
Motion declared c arried.
Moved b y Brookman, sec onded by Sayad, to concur with
recommendation o f Co mm ittee of the Whole to adopt
Resolution R-67-00, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DE S PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT TH E MAYOR AND CITY CLERK BE AND
ARE HEREB Y AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$2,321,89 4.38, wh ich inc ludes $480.25 in expenditures to
Horne De pot. Upon roll c al l, the vote was:
AYES: 8-Beauvais , Christ iansen, Elstner, Sayad,
Brookma n , Be c ker , Smith, Petersen
NAYS: 0-None
ABSENT : 0-None
Motion declared carried (Alderman Elstner abstained on
approving expenditures to Home Depot in the amount of
$480. 25 -conflict of i nterest) .
BATTING CAGES
IN RESIDEN.
AREAS:
POSTING OF
SIGNS &
ADVERTISE.:
ZONING CASE
00-49-V
VARIATION/
960 E.
WALNUT:
Ordinance
Z-22-00
EXECUTIVE
SESSION:
S. FOSTER
VS. CITY/
M. BOHO
VS. CITY/
J. DIXON
VS. CITY:
ADULT
BOOKSTORE
APPEAL:
122
10/2 /00
PAGE ELEVEN
Moved b y Sayad, seconded by Becker, to concur with
recommen dation o f Committee of the Whole that Staff be
authorized to obtain a survey from the Northwest
Municipal Conference regarding whether other member
municipalities c ontrol recreational apparatuses and
report back to the Commit t ee of the Whole. Motion
declared carried.
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Commi ttee of the Whole that Staff be
authorized to review h ow illegal signs and advertisements
can b e e ffectively e l iminated; review current sign
removal p rocedures; and report back to the Committee of
the Who le. Motion declared carried.
Moved b y Sayad, seconded by Brookman, to advance to
Second Reading and adopt Ordinance Z-22-00, AN ORDINANCE
AUTHORI ZING A VAR IATION TO SECTION 8.2-1 OF THE CITY OF
DES PLAINES ZONING ORD INANCE TO PERMIT THE CONSTRUCTION
OF A SIX-FOOT HIGH FENCE IN A FRONT YARD LOCATED AT 960
E. WALNUT AVENUE, DES PLAINES , ILLINOIS (CASE 00-49-V)
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 £~ith, to go into Executive
Session t o discuss pend ing litigation. Upon roll call,
the vote was:
AYES: 5 -Brookman, Be c ker , Smith, Petersen, Arredia
NAYS: 4 -Beauvai s, Chri st iansen, Elstner, Sayad
ABSENT: 0 -None
Motion declared c arried.
The City Council recessed a t 9:35 p.m.
The City Council reconv ened at 9:42 p.m.
Roll c all indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker,
Smith , Petersen.
Moved by Beauvais, seconded by Sayad , to concur with
consensus in Executive Session to ratify settlement
authority given b y the aldermen to the City Attorney via
telephon e, on Septembe r 11, 2 O O O, for the following
Worker's Compensation c laims: Stephen Foster in the
amount of $54,92 3.75 (t his amount is mooted due to Mr.
Foster's apparent reinj ury) ; Mary Ellen Boho in the
amount of $19,32 3.19; a nd James Dixon in the amount of
$17,432. Upon roll call, t he vote was:
AYES: 8 -Beauvais, Chri st iansen, Elstner, Sayad,
Brookman, Bec ker , Smith, Petersen
NAYS: 0-None
ABSENT: 0 -None
Motion declared carried.
Moved by Beauvais, seconded by Sayad, to concur with
consensus in Executive Session that Staff be authorized
to proceed as d irected regarding the Adult Bookstore
Appeal . Upon roll call , the vote was:
AYES: 8 -Beauvais, Chri stiansen, Elstner, Sayad,
Brookman, Bec ker , Smith, Petersen
NAYS: 0 -None
ABSENT: 0-None
Motion declared carried.
ADJOURNMENT:
123
10/2/00
PAGE TWELVE
Moved by Sayad, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:44 p.m.
Donna McAll ister, CMC/AAE CITY CLERK
APPROVED BY ME THIS l]
DAY OF 2000