11-20-2000149
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS 1 DES PLAINES CIVIC CENTER, MONDAY,
NOVEMBER 20, 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 7:05 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, November 20, 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 Baj or, Director of Finance
Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Public
Works Killian, Director of Engineering Oakley, Director of Community
Development D'Onofrio, Director of Human Resources & Services Merriman,
and City Attorney Wiltse.
PRAYER AND
PLEDGE:
RECOGNITION:
PRESENTATION:
CITIZEN
PARTICIPA.:
CONSENT
AGENDA:
The opening prayer was given by Reverend Steve Hjelle,
Evangelical Free Church of Des Plaines, followed by the
Pledge of Allegiance to the Flag.
Acting Mayor Arredia recognized and presented
Certificates of Appreciation to Rudy Brondsema and Brian
Hellstrom, who had been nominated for a "Be Nice" award.
Acting Mayor Arredia recognized Maine West High School
student, Dane Sorensen (not present) for the grand prize
award he won in the "Sing the Hits" contest.
Director of Human Resources & Services Merriman
introduced Dave Chiszar, Assistant Principal of Chippewa
Middle School, who gave a brief update of the Middle
School Afterschool Program at Algonquin, Chippewa,
Iroquois schools and Friendship Junior High. Director
Merriman and Mr. Chiszar made a slide presentation to
show the broad range of after school activities in the
areas of athletics, academics, and the arts.
Mrs. Gloria Keane, 2048 Webster Lane, addressed the City
Council stating she is here tonight representing the
Special Events Commission as its Vice Chairman; 17 years
ago planning began to celebrate the 150th birthday of Des
Plaines, which was co-chaired by City Clerk Donna
McAllister and her husband, Ed Keane; at the tree
lighting ceremony on Friday, December 1, 2000, at 5:30
p. m., Grazie ! Ristorante will provide a cake to celebrate
the City's 165th birthday; she hopes this event will be
attended by most of Des Plaines residents.
Mrs. Sara Bonanno, 1872 Webster Lane, addressed the City
Council thanking them, and especially Alderman Brookman,
for the new sidewalk on her street; it is not complete
yet, but there is a definite improvement.
Moved by Sayad,
Consent Agenda.
seconded by Becker, to
Motion declared carried.
establish a
Moved by Elstner, seconded by Brookman, 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.
CONSENT
(Cont'd.)
AMENDMENTS/
BD. OF FIRE
&: POLICE
COMMISSION.
RULES &:
REGULATIONS:
Consent
Agenda
Ordinance
M-62-00
ZONING CASE
00-61-V
VARIATION/
810 THACKER:
Consent
Agenda
Ordinance
Z-28-00
PATIO
VARIATION/
1234 WHITE:
Consent
Agenda
REDUCTION OF
PUB. IMPROVE.
SURETY/
MO EHL ING
FARMS
SUBDIV.:
Consent
Agenda
BID AWARD/
SEWER &:
DRAINAGE
IMPROVE.:
Consent
Agenda
BID AWARD/
SNOW
REMOVER:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
150
11/20/00
PAGE TWO
Staff recommendations and requests were approved;
Ordinances M-59-00, M-60-00 and M-61-00 were adopted; and
Ordinances M-62-00 and Z-28-00 were placed on First
Reading.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation to approve various amendments to the
Rules and Regulations of the Board of Fire and Police
Commissioners, adopted by the City Council on January 14,
2000 (Ordinance M-2-00), regarding physical agility test,
final eligibility register, eligibility requirements and
demotion; and further recommend to place on First Reading
Ordinance M-62-00, AN ORDINANCE ADOPTING THE AMENDMENTS
TO THE REVISED RULES AND REGULATIONS OF THE BOARD OF FIRE
AND POLICE COMMISSIONERS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, re Zoning Case 00-61-V, to grant request to permit
construction of a second accessory structure (detached
garage) instead of the permitted one, on property located
at 810 Thacker Street, in R-1 Single-Family Residential
District; and further recommend to place on First Reading
Ordinance Z-28-00, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 8. l-3E OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE CONSTRUCTION OF A SECOND
ACCESSORY STRUCTURE (DETACHED GARAGE) AT 810 THACKER
STREET, DES PLAINES, ILLINOIS (CASE 00-61-V). Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation to grant request for after-the-fact
Variation to Section 4-7-9 of the Building Code
Amendments, for property located at 1234 White Street,
to permit construction of a new 10' x 12' patio situated
36' from the building foundation (Code permits patios to
extend 15' from the building foundation) ; contingent upon
petitioner paying a $150 permit fee for building without
a permit. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation to grant request for reduction of
public improvements surety (Request No. three) of 1.5%
or $21, 003, for Moehling Farms Subdivision, Rand Road and
Meadow Drive; and petitioner amend existing Letter of
Credit in the amount of $84, 803 to $63, 800. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation to award bid for Year 2000 Sewer and
Drainage Improvements to the lowest bidder, Glenbrook
Excavating & Concrete, Inc., 20389 Weiland Road, Prairie
View, IL 60069, in the total bid amount of $358, 940/
General Improvement Fund. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation to award bid for One ( 1) New Current
Production Model Rotary Snow Remover to the lowest
bidder, Schmidt Engineering & Equipment, 19 o 5 S. Moorland
Road, New Berlin, WI 53151, in the total bid amount of
$69, 900/Year 2001 CERF. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for City-Wide Telephone System
Replacement, returnable by 3:00 p.m., Friday, December
15, 2000. Motion declared carried as approved
unanimously under Consent Agenda.
APPOINTMENT:
ORDINANCE
M-59-00
DECREASE
VAR. LIQ.
LIC. CLASS.:
Consent
Agenda
ORDINANCE
M-60-00
LIC. AGREE./
90 w.
BRADLEY ST • :
Consent
Agenda
ORDINANCE
M-61-00
LIC. AGREE./
940 TIMOTHY:
Consent
Agenda
LIQ. LIC./
20 E.
NORTHWEST
HIGHWAY:
FLOODWAY
MEMORANDUM OF
UNDERSTAND. :
151
11/20/00
PAGE THREE
Moved by Elstner, seconded by Brookman, to approve
Mayoral appointment of Francis S. Muthu to the HUMAN
SERVICES COMMISSION, term to expire January 31, 2001.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Elstner, seconded by Brookman, to adopt
Ordinance M-59-00, AN ORDINANCE AMENDING SECTION 5-34-18
"LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES ,
TO DECREASE THE TOTAL NUMBER OF CLASS "A" LICENSES BY ONE
TO REFLECT THE NON-RENEWAL OF LOURDES INDIAN AND ASIAN
RESTAURANT, TO DECREASE THE TOTAL NUMBER OF CLASS "B"
LICENSES BY ONE TO REFLECT THE NON-PASSAGE OF GRANDMA'S
DELI ORDINANCE, AND TO DECREASE THE TOTAL NUMBER OF CLASS
"C" LICENSES BY ONE TO REFLECT THE NON-RENEWAL OF THE DES
PLAINES MOOSE LODGE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to adopt
Ordinance M-60-00, 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 WITH OWNER
ILUMINADA D. RAMOS-ALEX, 90 W. BRADLEY STREET, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to adopt
Ordinance M-61-00, AN ORDINANCE AUTHORIZING THE EXECUTION
OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH RAY PRESZEK,
PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND
LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT
OF 94 o TIMOTHY LANE, DES PLAINES, ILLINOIS. 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
LEGAL & LICENSING Alderman Beauvais, Chair
Petitioner Judy Huang Tsang was sworn in by City Clerk
McAllister and gave testimony before the Committee of the
Whole.
Moved by Sayad, seconded by Becker, to recommend to the
City Council approval of Change of Ownership for Class
E Liquor License for property located at 20 E. Northwest
Highway, d/b/ a Far East Restaurant, contingent upon
verification of fingerprints. Motion declared carried.
ENGINEERING Alderman Elstner, Chair
Director of Engineering Oakley reviewed his memo of
November 9, 2000, regarding the Floodway Memorandum of
Understanding which was tabled on October 16, 2000;
because of the broad floodway delineation on the new
Flood Insurance Rate Map (adopted by the City Council on
October 16, 2000), FEMA and the Illinois Department of
Natural Resources (IDNR) will permit the storage
component of the f loodway to be eliminated in the
calculation thereby reducing the width of the f loodway
in certain locations; the remapping is available to
communities that have at least a 1 to 1 compensatory
storage requirement and a Memorandum of Understanding.
Director Oakley stated that this Memorandum of
Understanding is necessary to re-map the floodway in
Des Plaines, which could exclude approximately 60 homes
FLOODWAY
(Cont'd.)
WARRANT
REGISTER:
152
11/20/00
PAGE FOUR
from the floodway as a result of the map revision.
Director Oakley stated that the Committee of the Whole
should be aware that there is a condition in the
Memorandum of Understanding that states, "The City hereby
agrees that it will not grant any variances to the
floodplain storage mitigation requirement of their
ordinance to less than 100% of the storage lost due to
fill or construction."
Alderman Sayad asked whether there would be a meeting and
when for the 60 homeowners that could be excluded from
the floodway. Director Oakley said yes there would be
a meeting in a couple of months.
Alderman Sayad stated that the City should notify those
60 homeowners of this meeting and once a homeowner knows
he is not in the floodway, he could notify his insurance
agency so they can reduce his rates.
Alderman Brookman stated that she will be voting no on
this Memorandum of Understanding because she objects to
the Federal Government, through FEMA, dictating how we
should apply our own ordinances.
Alderman Smith asked if the properties taken out of the
floodway would remain in the floodplain. Director Oakley
said yes.
Alderman Petersen stated that it seems like we are going
to give up some of our rights if we go along with this;
what is the advantage of adopting this? Director Oakley
said that those properties that would be removed would
receive some reduced rates in flood insurance, the
properties would be more marketable because you can build
within a floodplain but not within a floodway.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation and recommend to the City Council that the
Acting Mayor and City Clerk be authorized to execute
Memorandum of Understanding with the Illinois Department
of Natural Resources to allow storage to be eliminated
as a factor in the delineation of floodways as defined
in the IDNR' s Floodway Construction Rules; and City
Attorney be authorized to draft necessary resolution.
Motion declared carried. Aldermen Brookman and Petersen
voted no.
FINANCE & ADMINISTRATION Alderman Brookman, Chair
Alderman Becker stated that he would like to reconsider
his vote taken on November 6, 2000, to not pay Voucher
#920415 in the amount of $1,700, to pay for sewer work
done by the homeowner at 2243 S. Wolf Road; the homeowner
did everything the City told her to do; a City plumbing
inspector reviewed the work and filed an inspection
report on October 4, 2000; the City told the homeowner
that the money would be refunded; he thinks the City was
wrong in not refunding this money.
Moved by Becker, seconded by Sayad, to retroactively
refund $1,700 to the homeowner at 2243 S. Wolf Road for
sewer work she had done on her property which had been
approved for refund by the City, and it be added to
tonight's Warrant Register.
Alderman Petersen stated that all the aldermen have not
seen this inspection report; she would like to see this
before she votes on this matter; we have to make a
decision on a date of retroactivity.
WARRANT
(Cont'd.)
RECESS:
ORDINANCE
Z-29-00
FLOODPLAIN
VARIATION/
526 LYMAN:
LIQ. LIC./
20 E.
NORTHWEST
HIGHWAY:
FLOODWAY
MEMORANDUM OF
UNDERSTAND. :
153
11/20/00
PAGE FIVE
Motion declared failed. Aldermen Christiansen, Elstner,
Smith and Petersen voted no. Alderman Brookman stated
that the homeowner is here tonight for the third time on
this matter; she apologized to the homeowner for the
inconvenience.
Alderman Sayad questioned Voucher #92010 in the amount
of $8,870.45 to S. B. Friedman & Company regarding Wille
Road TIF #3; he thought this amount should be $7,500.
City Manager Douthwaite suggested that this be removed
from the Warrant Register and he will investigate.
Alderman Sayad requested that this item be removed from
the Warrant Register and City Manager Douthwaite get back
to the aldermen in writing as to why there is a
difference in what was agreed to and the amount on the
Warrant Register.
Moved by Beauvais, seconded by Becker, to recommend to
the City Council approval of November 20, 2000 -Warrant
Register, as amended (Voucher #92019 in the amount of
$8,870.45 was removed), in the total amount of
$3,646,449.59, which includes $416.49 in expenditures to
Home Depot; and further recommend that Resolution R-77-00
be adopted at appropriate time this evening. Motion
declared carried (Alderman Elstner abstained on approving
expenditures to Home Depot in the amount of $416.49 -
conflict of interest).
ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Becker, to call for a five
(5) minutes recess. Motion declared carried (Aldermen
Beauvais, Sayad, Brookman, Becker, and Acting Mayor
Arredia voted yes) .
The City Council recessed at 8:15 p.m.
The City Council reconvened at 8:20 p.m.
Moved by Elstner, seconded by Sayad, to place on First
Reading Ordinance Z-29-00, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 9-14-7(B) OF THE FLOOD PLAIN
DEVELOPMENT GUIDELINES TO PERMIT THE RECONSTRUCTION OF
A SINGLE FAMILY HOME IN THE FLOODWAY THAT WILL EXCEED THE
COST OF FIFTY PERCENT OF THE MARKET VALUE AT 526 LYMAN
AVENUE, DES PLAINES (Case #00-54-FP) . Motion declared
carried. Alderman Brookman voted no. Alderman Beauvais
was not present.
Moved by Smith, seconded by Petersen, to concur with
recommendation of the Committee of the Whole to approve
Change of Ownership for Class E Liquor License for
property located at 20 E. Northwest Highway, d/b/a Far
East Restaurant, contingent upon verification of
fingerprints. Motion declared carried. Alderman
Beauvais was not present.
Moved by Elstner, seconded by Becker, to concur with
recommendation of Committee of the Whole that the Acting
Mayor and City Clerk be authorized to execute Memorandum
of Understanding with the Illinois Department of Natural
Resources to allow storage to be eliminated as a factor
in the delineation of floodways as defined in the IDNR's
Floodway Construction Rules; and City Attorney be
authorized to draft necessary resolution. Upon roll
call, the vote was:
FLOODWAY:
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-77-00
SEWER REPAIR
REIMBURSE./
2243 S. WOLF:
PETITIONS/
STREET
LIGHT, S.
SECOND AVE.:
RESIDENCY/
DEPARTMENT
HEADS:
154
11/20/00
PAGE SIX
AYES: 5-Christiansen, Elstner, Sayad, Becker, Smith
NAYS: 2-Brookman, Petersen
ABSENT: 1-Beauvais
Motion declared carried (further action on this matter
under Unfinished Business on December 4, 2000).
Moved by Brookman, seconded by Sayad, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-77-00 -AS AMENDED, 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: $3,646,449.59, which includes
$416.49 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
$416.49 -conflict of interest).
Moved by Becker, seconded by Sayad, to retroactively
refund $1,700 to homeowner at 2243 S. Wolf Road for sewer
work she had done on her property, which had been
approved for refund by the City.
Alderman Sayad stated he talked to the City's plumbing
inspector and the word "bond" was never discussed; the
money is for the entire work.
Alderman Elstner stated that the City Council will be
discussing refunding, i.e. when and how much; we may
refund the entire amount to this individual, but we
should wait until it is discussed and decided.
Alderman Becker stated that refunding this amount would
be fair; she put her trust in the City; this has nothing
to do with the other possible refunds; she followed all
the rules.
Moved by Becker, seconded by Brookman, to call for the
question. Motion declared carried.
Upon roll call on the original motion, the vote was:
AYES: 4-Beauvais, Sayad, Brookman, Becker
NAYS: 5-Christiansen, Elstner, Smith,
Petersen, Arredia
ABSENT: 0-None
Motion declared failed. Acting Mayor Arredia stated that
he reviewed the case; he thinks the fair thing to do is
wait for the committee meeting and make one ruling for
everything.
City Clerk McAllister announced that petitions were
received by her on Friday, November 1 7, 2 O O O, from
residents on South Second Avenue requesting that a street
light be installed at the northwest end of the block on
the parkway. Acting Mayor referred the matter to Staff
for review and report.
Alderman Beauvais stated that there have been many
discussions on residency for department heads; she voted
against a recent motion to place this matter on the April
3, 2OO1 ballot because she did not agree with the
verbiage.
Moved by Beauvais, seconded by Sayad, to authorize the
City Attorney to draft resolution placing a referendum
on the April 3, 2001 Consolidated Election Ballot asking
whether future department heads should be required to
RESIDENCY
(Cont / d.)
FUNDING/
CHRISTMAS
DECORATIONS
LIBRARY
PLAZA:
155
11/20/00
PAGE SEVEN d-"( ~ f" I
reside in corporate Des Plaines, excludingj\assistant
department heads and members of the Fire and Police
Departments 1 officers1 associations.
Alderman Elstner stated that this is something the
aldermen should vote on and not have it on a referendum;
we should take a stand.
Moved by Elstner, seconded by Smith, to adopt a
substitute motion to not place a referendum on the April
3, 2001 Consolidated Election Ballot regarding residency
for department heads, but the City Attorney be authorized
to draft necessary ordinance regarding this matter for
the aldermen1 s review and final vote .
Alderman Brookman stated that she is rather confused with
these two (2) motions since she was the one who at the
July 17, 2000 meeting discussed the Staff being directed
to draft the necessary language for a referendum on this
matter, but it failed in the Committee of the Whole on
August 29, 2000; it was then placed on the September 18 ,
2000 agenda instead of the September 5, 2000 agenda which
placed this item beyond the deadline for the November 7 ,
2000 ballot.
Acting Mayor Arredia ruled Alderman Brookman out of order
because she was discussing things that had been gone over
in the past.
Alderman Smith stated that he agreed with Alderman
Elstner; this is something that is properly handled b y
the City Council; this should not go out to referendum ;
the City Council should make the decision.
Alderman Petersen stated that she wants the best person
for the job; that person does not have to live in Des
Plaines; she is not for residency.
Alderman Sayad stated he thinks it has been made very
clear that what is being asked is that all future
department heads must live within Des Plaines within six
(6) or eight (8) months of being hired excluding their
assistants and all captains, lieutenants and sergeants
of the Fire and Police Departments.
Alderman Elstner stated that he wants to see this in an
ordinance form and then we can take a vote; there is
plenty of time to put this on a referendum if the
ordinance fails.
On Alderman Elstner 1 s motion, Aldermen Beauvais,
Christiansen, Elstner, Brookman, Becker, Smith voted yes;
Aldermen Sayad and Petersen voted no. Aldermen Brookman
and Becker asked for leave from the body to change their
vote to no, thus creating a tie. Acting Mayor Arredia
voted no. Motion declared failed.
Motion declared carried on Alderman Beauvais's motion.
Aldermen Beauvais, Sayad, Brookman, Becker, and Acting
Mayor Arredia voted yes. Aldermen Christiansen, Elstner,
Smith and Petersen voted no.
Moved by Becker, seconded by Brookman, to authorize
expenditure from the General Fund for tree decorations
at the Library Plaza in the amount of $2,000. 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.
~
EXECUTIVE
SESSION:
ACQUISITION
OF REAL
PROPERTY/
MILL ST.:
ADJOURNMENT:
156
11/20/00
PAGE EIGHT
Moved by Beauvais, seconded by Becker, to go
Executive Session to discuss acquisition of
property. 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 9:00 p.m.
The City Council reconvened at 10:14 p.m.
into
real
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Sayad, Becker, Smith,
Petersen.
Moved by Beauvais, seconded by Becker, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding acquisition of real
property on Mill Street. Motion declared carried.
Moved by Beauvais, seconded by Sayad, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:15 p.m.
~4~
Donna McAllister, CMC/AAE CITY CLERK
2000