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02-05-2001208 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 / FEBRUARY 5, 2001 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Acting Mayor Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, February 5, 2001. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Elstner, Sayad, Becker, Smith. Aldermen Beauvais, Brookman and Petersen were absent. Alderman Brookman arrived at 6:32 p.m. Alderman Beauvais arrived in Executive Session at 6:36 p.m. Alderman Elstner left at 8:50 p.m. Also present were: Acting City Manager-EDC Director Schneider, Administrative Assistant Baj or, Director of Finance Egeberg, Acting Police Chief Hachmeister, 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 Assistant City Attorney Bartel. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: PUBLIC HEARING/ PROPOSED TIF #5 LEE-PERRY: CALL TO ORDER: DISCUSSION: Moved by Becker, seconded by Sayad, to go into Executive Session to discuss collective bargaining. Upon roll call, the vote was: AYES: 6-Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 2-Beauvais, Petersen Motion declared carried. The City Council recessed at 6:33 p.m. The City Council reconvened at 7:07 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith. The opening prayer was given by City Clerk McAllister , followed by the Pledge of Allegiance to the Flag. Acting Mayor Arredia recognized Danny Gillespie for his participation in the Winter Special Olympics recently held in Galena, Illinois, and presented him with a certificate of congratulations for winning a silver medal in downhill skiing and a gold medal in the slalom. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, FEBRUARY 5, 2001 Acting Mayor Arredia called the Public Hearing to order at 7: 10 p. m. . The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed Lee/Perry Streets Redevelopment Plan, Redevelopment Project, and Redevelopment Project Area No. 5 for tax increment financing program. Director of Finance Egeberg gave a brief overview and stated that the Des Plaines Elks Lodge at 495 Lee Street is excluded from the TIF area. Acting Mayor Arredia asked for public comment. There was none. PUB. HEAR. (Cont'd.) CITIZEN PARTICIPA.: CONSENT AGENDA: MINUTES: CITY CODE AMENDMENTS/ TAXPAYERS BILL OF RIGHTS ACT: Consent Agenda Ord. M-6-01 Ord. M-7-01 Ord. M-8-01 Ord. M-9-01 Ord. M-10-01 PAGE TWO The Public Hearing was adjourned at 7:14 p.m. The City Council reconvened at 7:15 p.m. 209 2/5/01 Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that he thought there would be a special meeting on his and his neighbors' request that storm sewers be installed on Webster Lane, between Algonquin Road and Thacker Street, but he must have been misinformed; because of that 82 residents on Webster Lane will not be heard; these residents have submitted a petition to the City requesting that new sewers be installed at the time the street is redone; we have been told by the Engineering Department that the present sewers are adequate and new ones will not be installed; overhead sewers were recommended to the residents, but they are very expensive; he suggests that before streets are reconstructed, the sewers be looked at. Mr. Sean Sullivan, a representative from the Des Plaines Elks Lodge addressed the City Council and thanked them for not including the Lodge in the TIF area. Alderman Becker requested that Items 1, 3, 3a, 8 and Ba be removed from the Consent Agenda. Alderman Christiansen requested that Items 6 and 6a be removed. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 1 , 3, 3a, 6, 6a , 8 and Ba. Motion declared carried. Moved by Becker, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Petersen Motion declared carried. Staff recommendations and requests were approved; Ordinances M-4-01 and Z-1-01 were adopted; Ordinances M- 6-01, M-7-01, M-8-01, M-9-01, M-10-01, M-12-01 and Z-3-01 were placed on First Reading; and Resolutions R-9-01, R- 11-01, R-12-01, R-13-01, and R-14-01 were adopted . Alderman Becker requested unanimous consent that the City Council allow him and Aldermen Beauvais and Sayad to change their votes on Resolution R-7-01, adopted on January 15, 2001 (Pages Eight and Ten of the minutes), regarding placing an advisory referendum on the April 3, 2001 Election Ballot regarding soundproofing. There was no objection, so Acting Mayor Arredia so ordered. Moved by Sayad, seconded by Becker, to approve minutes of the regular meeting of the City Council held January 15, 2001 -as amended. Motion declared carried. Moved by Becker, seconded by Sayad, to concur with Staff recommendation that various sections of the City Code be amended to meet the standards established by Ordinance M-81-00 (adopted by the City Council on December 18, 2000) to reflect the newly-adopted Illinois Public Act 91-920 "Local Government Taxpayers" Bill of Rights Act; and further recommend to place on First Reading: Ordinance M-6-01, AN ORDINANCE AMENDING VARIOUS CHAPTERS IN TITLE V "BUSINESS" CHAPTER 47 "HOTEL-MOTEL OPERATOR'S OCCUPATION TAX" OF THE DES PLAINES CITY CODE TO DELETE CERTAIN LOCAL TAXES AND PENALTIES WHICH WOULD CONFLICT WITH THE NEWLY-ADOPTED ILLINOIS PUBLIC ACT 91-920 "LOCAL GOVERNMENT TAXPAYERS" BILL OF RIGHTS ACT; Ordinance M-7-01, AN ORDINANCE AMENDING VARIOUS CHAPTERS IN TITLE V "BUSINESS" CHAPTER 51 "REAL ESTATE TRANSFER TAX" OF THE DES PLAINES CITY CODE TO DELETE CERTAIN LOCAL TAXES AND PENALTIES WHICH WOULD CONFLICT WITH THE NEWLY- " TAXPAYERS (Cont'd.) REPEAL/ CENTRAL STATION ALARMS: Ordinance M-11-01 DECREASE LIQ. LIC./ 1000 PRAIRIE: Consent Agenda Ordinance M-12-01 ZONING CASE 01-02-V VARIATION/ 1113 LEE: Consent Agenda Ordinance Z-3-01 CLASS 6b TAX EXEMPTION/ 2001 s. MT. PROSPECT: Resolution R-8-01 CLASS 6b TAX EXEMPTION/ 333 E. HOWARD: Con. Agen. PAGE THREE 210 2/5/01 ADOPTED ILLINOIS PUBLIC ACT 91-920 "LOCAL GOVERNMENT TAXPAYERS" BILL OF RIGHTS ACT; Ordinance M-8-01, AN ORDINANCE AMENDING VARIOUS CHAPTERS IN TITLE V "BUSINESS" CHAPTER 52 "MOTOR FUEL TAX" OF THE DES PLAINES CITY CODE TO DELETE CERTAIN LOCAL TAXES AND PENALTIES WHICH WOULD CONFLICT WITH THE NEWLY-ADOPTED ILLINOIS PUBLIC ACT 91-920 "LOCAL GOVERNMENT TAXPAYERS" BILL OF RIGHTS ACT; Ordinance M-9-01, AN ORDINANCE AMENDING VARIOUS CHAPTERS IN TITLE V "BUSINESS" CHAPTER 53 11·TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE" OF THE DES PLAINES CITY CODE TO DELETE CERTAIN LOCAL TAXES AND PENALTIES WHICH WOULD CONFLICT WITH THE NEWLY-ADOPTED ILLINOIS PUBLIC ACT 91-920 "LOCAL GOVERNMENT TAXPAYERS" BILL OF RIGHTS ACT; Ordinance M-10-01, AN ORDINANCE AMENDING VARIOUS CHAPTERS IN TITLE V "BUSINESS" CHAPTER 40 "MUNICIPAL UTILITY TAX" OF THE DES PLAINES CITY CODE TO DELETE CERTAIN LOCAL TAXES AND PENALTIES WHICH WOULD CONFLICT WITH THE NEWLY- ADOPTED ILLINOIS PUBLIC ACT 91-920 "LOCAL GOVERNMENT TAXPAYERS" BILL OF RIGHTS ACT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to TABLE until March 5, 2001, discussion on repealing the Central Station Alarms section of the City Code, and placing Ordinance M-11-01 on First Reading. Motion declared carried. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to amend Title V, Chapter 34 "Intoxicating Liquors," Section 5-34-18, to decrease the total number of Class A Liquor Licenses by one (1) to delete Boomer's Tap, Inc., 1000 Prairie Avenue; and further recommend to place on First Reading Ordinance M- 12 -01, 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 DELETE BOOMER'S TAP, INC., LOCATED AT 1000 PRAIRIE AVENUE, DES PLAINES , ILLINOIS. Moved by Becker, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff re Zoning Case 01-02-V, to grant request for Variation to permit construction of a detached garage to a height of 22.6' instead of the permitted 15'; measure 30' x 40' with a total area of 1,200 sq. ft. instead of the permitted dimensions of 24' x 30' and 720 sq. ft.; in C-3 General Commercial District on property located at 1113 Lee Street; and further recommend to place on First Reading Ordinance Z-3-01, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3E OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (DETACHED GARAGE) AT 1113 LEE STREET, DES PLAINES, ILLINOIS (CASE 01-02-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to TABLE until February 20, 2001, discussion on request from Pentair Electronic Packaging for a Cook County 6b Real Estate Classification for property located at 2001 S. Mt. Prospect Road and adoption of Resolution R-8-01. Motion declared carried (date later changed to March 5, 2001). Moved by Becker, seconded by Sayad, to concur with Staff recommendation to authorize City to support and consent to the granting of a Cook County 6b Real Estate Classification to Wesley Jessen Corporation for new construction or substantial rehabilitation work to the 333 HOWARD (Cont'd.) Resolution R-9-01 LEASE AGREE./ POLICE RESOU. CENTER 1928 E. TOUHY AVE.: Resolution R-10-01 WATER SUPPLY AGREEMENT/ CITY OF CHICAGO: Consent Agenda Resolution R-11-01 VACATE PUB. UTIL. &: DRAINAGE EASEMENT/ 671 JARVIS: Consent Agenda LIC. AGREE./ WIS. CENTRAL WOODLAWN AVE. WATERMAIN: Consent Agenda Resolution R-13-01 211 2/5/01 PAGE FOUR building and grounds located at 333 E. Howard Avenue; and further recommend to adopt Resolution R-9-01, A RESOLUTION INDICATING MUNICIPAL APPROVAL OF A COOK COUNTY REAL ESTATE CLASS 6b PROPERTY TAX EXEMPTION TO WESLEY JESSEN CORPORATION, LOCATED AT 333 EAST HOWARD AVENUE IN DES PLAINES I ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute Commercial Lease with Bill Karambenis, 1930 E. Touhy Avenue, to provide space for a Police Neighborhood Resource Center (PNRC) at 1928 E. Touhy Avenue for a period of 14 months, effective January 1, 2001, at a monthly fee of $942 plus $200 per month for common area maintenance, for a total of $1, 14 2 per month/Budgeted Funds; and further recommend to adopt Resolution R-10-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A "COMMERCIAL LEASE" BETWEEN BILL KARAMBENIS "LESSOR," AND THE DES PLAINES POLICE DEPARTMENT "LESSEE," FOR A 14-MONTH LEASE AT THE PREMISES LOCATED AT 1928 E. TOUHY AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Petersen Motion declared carried. Moved by Becker, seconded by Sayad, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute "Water Supply Agreement" with the City of Chicago to supply water to the City and Citizens Utility Company at rates shown in the Agreement for a period of ten (10) years, ending December 31, 2010; and further recommend to adopt Resolution R-11-01 , A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL WATER SUPPLY AGREEMENT BETWEEN THE CITY OF CHICAGO AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Des Plaines Plan Commission and Staff to grant request to Vacate a section (five (5) feet) of the Public Utility and Drainage Easement located on Lot #2 in Delgado's First Resubdivision, 671 Jarvis Avenue; and further recommend to adopt Resolution R-12-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A PLAT OF PUBLIC UTILITY EASEMENT VACATION FOR DELGADO'S FIRST RESUBDIVISION LOCATED AT 671 JARVIS AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute License Agreement with Wisconsin Central System, One O'Hare Centre, 6250 N. River Road, Suite 9000, Rosemont, IL 60018, to permit City to install an 8" watermain beneath the Wisconsin Central, Ltd. right-of-way at Woodlawn Avenue in conjunction with the First Avenue reconstruction project at a cost of $500 for an application fee and $300 annual occupancy fee/General Improvement Fund; and further recommend to adopt Resolution R-13-01, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF A WATERMAIN PIPELINE CROSSING BETWEEN WISCONSIN CENTRAL, LTD. AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. AGREE. AMEND. INDR/PRAIRIE- FARMERS CREEKS EQP.: Consent Agenda Resolution R-14-01 DRIVEWAY VARIATION/ 1714 WHITCOMB: Consent Agenda PURCHASE OF COLOR LASER PRINTER: Consent Agenda PURCHASE OF FURNITURE/ HUMAN RESOU. DEPARTMENT: Consent Agenda CONTRACT EXTENSION/ MAINT. OF ELEVATORS: Consent Agenda CONTRACT EXTENSION/ STR. LIGHT REPAIR: Consent Agenda BID AWARD/ ELEC. SVS. INSTALLATION PUB. WORKS: Consent Agenda PAGE FIVE 212 2/5/01 Moved by Becker, seconded by Sayad, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute Amendment No. One to Intergovernmental Cooperation Agreement with Illinois Department of Natural Resources (approved by the City Council on August 21, 2000) for rehabilitation of Prairie and Farmers Creeks, to include the purchase of a Track- Mounted Dump Truck for creek maintenance to be paid for from Illinois First Grant Funds; and further recommend to adopt Resolution R-14-01, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES FOR THE FARMERS AND PRAIRIE CREEKS WATERSHED PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4 - 7 - 9 of the Building Code Amendments to construct a circular driveway in the front yard on property located at 1714 Whitcomb Avenue (all circular driveways require approval by the Building Code Committee) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to accept proposal for purchase of one (1) Hewlett Packard LaserJet 8550 DN Color Laser Printer from Computer Discount Warehouse, 102 O E. Lake Cook Road, Buffalo Grove, IL 60089, in the total amount of $7,310.30/2001 Computer Replacement Fund; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to accept proposal from US Off ice Products, 100 N. Gary Avenue, Roselle, IL 60172, for purchase of new furniture for the Human Resources & Services Department (Benefits Coordinator, Community Outreach Coordinator, Public Health Nurse and Reception Area) in the total amount of $8,587/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to approve contract extension with Anderson Elevator, 1800 S. 54th Avenue, Cicero, IL 60804 (approved by the City Council on January 3, 2000, which included two (2) one-year extensions), for maintenance of elevators at City Hall, the Police Department and the 701 Lee Street Parking Garage in the amount of $8,484 (original bid amount)/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to approve contract extension with Contracting & Material Company, 5401 W. Harrison Street, Chicago, IL 60644 (approved by the City Council on December 21, 1999, which included two (2) one-year extensions), for Street Light Repair and Utility Location, with a 10% increase in straight time ($50.05) and oveitime ($85.80)/Budgeted Funds, and they will use the current IDOT Equipment Schedule. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to award bid for Electrical Service Installation at 1111 Campground Road (Public Works Facility) to the lowest bidder, Pinner Electric, Inc., 9525 Southview Avenue, Brookfield, IL 60513, in the total ELEC. SVS. (Cont'd.) BID AWARD/ PAINTING FIRE DEPT.: Consent Agenda BID AWARD/ STORAGE LOCK. FIRE DEPT.: Consent Agenda BID AWARD/ SCUBA EQP. FIRE DEPT.: Consent Agenda BID AWARD/ RADIO UNITS FIRE DEPT.: Consent Agenda REJECT BIDS/ RADIO EQP. & READVERTISE FIRE DEPT.: Consent Agenda REJECT BIDS/ TRACK CARRIER PUB. WORKS: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda 213 2/5/01 PAGE SIX bid amount of $19,800/2001 Buildings & Grounds Budget . Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to award bid for Painting of the Walls and Ceilings of the Apparatus Floors at Fire Stations #1 and #3, to the lowest bidder, Schmidt & Company, 5202 N. Liano, Chicago, IL 60630, in the total bid amount of $14, 150/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to award bid for Purchase and Installation of Personal Storage Lockers at Fire Station #1, to the lowest bidder, Interior Street Products, 8 8 8 E. Bel vi de re Road, Suite 223, Grayslake, IL 60030, in the total bid amount of $12,175/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to award bid for Various Underwater Rescue Equipment (SCUBA) to the lowest bidder, Black Magic Dive Shop, 253 Peterson Road, Libertyville, IL 60048, in the total bid amount of $15,454.40/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to award bid for Six ( 6) Drager Radio Interface Units, to the lowest bidder, AFC International, Inc., P.O. Box 894, DeMotte, IN 46310, in the total bid amount of $6, 025 .10/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to reject all bids received on January 23 , 2001, for Various Radio Equipment for Fire Department; Staff be authorized to prepare new bid specifications to reflect the most current model numbers to assure that all vendors have a fair opportunity to submit a qualifying bid; and City Clerk be authorized to advertise for bids for Various Radio Equipment, returnable by 3:00 p .m., Wednesday, February 21, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to reject all bids received on November 21, 2000, for Low Ground Pressure Track Carrier (to be paid from Illinois First Grant Funds); Staff be authorized to prepare new bid specifications to better reflect the needs of the City; and City Clerk re- advertise for bids. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) New Current Production Model Low Ground Pressure Track Carrier, returnable by 3:00 p.m., Thursday, February 22, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) Current Production Model Mini-Cargo Van, returnable by 3:00 p.m., Thursday, February 22, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Ten (10) Squad Car Lightbars and Nine (9) ADVERTISING (Cont'd.) ORDINANCE M-4-01 LIQ. LIC./ 2104 MINER: Consent Agenda ORDINANCE Z-1-01 VARIATION/ 1036 VAN BUREN: Consent Agenda ORDINANCE M-12-01 DECREASE LIQ. LIC./ 1000 PRAIRIE: RECONSIDER/ BID AWARD ELEC. SVS. PUB. WORKS: LIQ. LIC./ 1535 ELLINWOOD: LIQ. LIC./ 1494 MINER: 214 2/5/01 PAGE SEVEN Split Arrowsticks, returnable by 3:00 p.m., Friday, February 23, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to adopt Ordinance M-4-01, 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 A-1 CIGARETTES, INC., DEA A-1 LIQUORS, LOCATED AT 2104 MINER STREET, DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to adopt Ordinance Z-1-01, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8. 1-3 (A) AND (E) OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE AT 1036 VAN BUREN IN DES PLAINES, ILLINOIS (CASE 00-62-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-12-01, 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 DELETE BOOMER'S TAP, INC., LOCATED AT 1000 PRAIRIE AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Petersen Motion declared carried. Moved by Christiansen, seconded by Brookman, to reconsider vote taken under Consent Agenda this evening to award bid for Electrical Service Installation at 1111 Campground Road to the lowest bidder, Pinner Electric, Inc., 9525 Southview Avenue, Brookfield, IL 60513, in the total bid amount of $19, 800/2001 Buildings & Grounds Budget. Motion declared carried. Moved by Elstner, seconded by Brookman, to TABLE this motion until February 20, 2001. Motion declared carried. ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE LEGAL & LICENSING Alderman Beauvais, Chair Petitioners Mathew M. Manaves and Val M. Manaves were sworn in by the City Clerk and gave testimony before the Committee of the Whole. Alderman Christiansen asked the petitioners if they are intending to sell this business once it is open. Both petitioners said no. Moved by Sayad, seconded by Becker, to recommend to the City Council to approve new Class E Liquor License for property located at 153 5 Ellinwood Street, d/b/ a Dapper' s Family Restaurant; contingent upon verification of fingerprints; and Ordinance M-5-01 be placed on First Reading at appropriate time this evening. Motion declared carried. This matter is being held until February 20, 2001. NEW CITY- WIDE TELEPHONE SYSTEM: PARKING PAD VARIATION/ 1354 FARGO: WARRANT REGISTER: ZONING CASE 00-66-CU-V 1100 N.W. HIGHWAY: ORDINANCE Z-2-01 MAP AMEND • &: CONDIT. USE/ 1501 RIVER: MINUTES EXEC. SESS./ 1/2/01: PAGE EIGHT PUBLIC WORKS Alderman Smith, Chair 215 2/5/01 This matter is being held until February 20, 2001. BUILDING CODE Alderman Sayad, Chair Director of Community Development D'Onofrio reviewed his memo of January 22, 2001, regarding an after-the-fact request for a parking pad in the front yard on property located at 1354 Fargo Avenue; the Staff originally recommended denial of this request, but the petitioner has changed his plan to the Staff's satisfaction. Alderman Sayad stated that he visited the site and is in agreement with the plan change. Moved by Brookman, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to grant request for an after-the-fact Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a 10.5' x 20' parking pad in the front yard on property located at 1354 Fargo Avenue. Motion declared carried. FINANCE &: ADMINISTRATION Alderman Brookman, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of February 5, 2001 Warrant Register, in the total amount of $1,307,214.77, which includes $685.44 in expenditures to Home Depot; and further recommend that Resolution R-16-01 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $685. 44 conflict of interest, and Alderman Beauvais abstained from approving expenditure to the Junior Warriors Basketball at Maine West High School in the amount of $1,000 -conflict of interest). COMMUNITY DEVELOPMENT Alderman Christiansen, Chair This matter is being held until March 5, 2001. ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith, seconded by Brookman, to adopt Ordinance Z-2-01, AN ORDINANCE ALLOWING FOR A MAP AMENDMENT AND FOR CONSTRUCTION AND OPERATION OF AN AUTOMOBILE DEALERSHIP LOCATED AT 1501 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS (CASE 00-64-65-A-CU). Upon roll call, the vote was: AYES: 6-Beauvais, Elstner, Sayad, Brookman, Becker, Smith NAYS: 1-Christiansen ABSENT: 1-Petersen Motion declared carried. Moved by Sayad, seconded by Becker, to approve minutes of the Executive Session of the City Council held January 2, 2001. Motion declared carried. SIDEWALK REPLACEMENTS/ NEW SIDEWKS: ALLEY IMPROVEMENTS: AMENDMENT/ SEWER LATERAL REPAIR PROGRAM: Ordinance M-13-01 BID AWARD/ GARLAND PL. CUL-DE-SAC: DISPOSITION/ 841 GRACELAND (OLD LIB.): LEASE AGREE./ 1501 ELLINWOOD (NEW LIB.): LIQ. LIC./ 1535 ELLINWOOD: Ordinance M-5-01 216 2/5/01 PAGE NINE Moved by Elstner, seconded by Christiansen, to concur with recommendation of Committee of the Whole held January 22, 2001, to TABLE discussion on Sidewalk Replacements/New Sidewalks. Motion declared carried. Moved by Elstner, seconded by Christiansen, to concur with recommendation of Committee of the Whole held January 22, 2001, to TABLE discussion on Alley Improvements. Motion declared carried. Moved by Brookman, seconded by Smith, to concur with recommendation of Committee of the Whole held January 22, 2001, that the City's Sewer Lateral Repair Program be retroactive for the period January 1, 2000 to September 19, 2000 (the date Ordinance M-45-00 was adopted which established the Program) ; for an estimated cost to the City of up to $142,500/2001 Sewer User Fee Budget; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Brookman, seconded by Becker, to advance to Second Reading and adopt Ordinance M-13-01, AN ORDINANCE AMENDING TITLE IX, CHAPTER 20, SECTION 2 TO ADD ADDITIONAL LANGUAGE REGARDING MAINTENANCE/REPAIR RESPONSIBILITY. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Petersen Motion declared carried. Moved by Smith, seconded by Beauvais, to concur with recommendation of Committee of the Whole held January 22, 2001, to award bid for construction of the Garland Place Cul-De-Sac to the lowest bidder, Johnson Paving Company, 1025 E. Addison Court, Arlington Heights, IL 60005 , in the total bid amount of $75, 495/General Improvement Fund. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Elstner, Sayad, Brookman, Smith NAYS: 1-Becker ABSENT: 1-Petersen Motion declared carried. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Committee of the Whole held January 29, 2001, that the property located at 841 Graceland Avenue (old Library) remain as is; Staff be authorized to obtain cost estimates from various sources (i.e. Des Plaines Community Senior Center, Des Plaines Public Library) to bring the building up to Code; Staff be authorized to inquire from community organizations and businesses if they would be interested in space if the building becomes a Community Center and, if so, what their needs would be; ask the Police Chief how this facility could be used for various community services; and Staff report back to the Committee of the Whole on March 12, 2001. Motion declared carried. Moved by Christiansen, seconded by Brookman, to concur with Committee of the Whole held January 29, 2001, that the City enter into a lease agreement with the Des Plaines Public Library for the property located at 1501 Ellinwood Street (new Library building) ; the terms to be determined at a later date. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve new Class E Liquor License for property located at 1535 Ellinwood Street, d/b/a Dapper's Family Restaurant; contingent upon verification of fingerprints; and place on First Reading Ordinance M-5-01. Motion declared carried. LIQ. LIC. (Cont'd.) PARKING PAD VARIATION/ 1354 FARGO: WARRANT REGISTER: Resolution R-16-01 TERRACE SCHOOL CUL-DE-SAC/ SCHOOL DISTRICT 62: PAGE TEN 217 2/5/01 Moved by Sayad, seconded by Becker, to advance to Second Reading and adopt Ordinance M-5-01, AN ORDINANCE 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 TO ADD DAPPER'S FAMILY RESTAURANT, 1535 ELLINWOOD STREET, LOCATED IN DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Petersen Motion declared carried. Moved by Sayad, seconded by Smith, to concur with recommendation of Committee of the Whole to grant request for an after-the-fact Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a 10.5' x 20' parking pad in the front yard on property located at 1354 Fargo Avenue. Motion declared carried. Moved by Brookman, seconded by Becker, to concur with recommendation of Committee of the Whole to adopt Resolution R-16-01, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,307,214.77, which includes $685.44 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Petersen Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $685.44 -conflict of interest, and Alderman Beauvais abstained from approving expenditure to the Junior Warriors Basketball at Maine West High School in the amount of $1,000 -conflict of interest). Alderman Sayad reviewed a matter that had been discussed by the City Council in the past and that is the concept of a "land swap" with School District #62 for property near Fire Station #3 (Thacker Street) to be used for expansion, and in exchange the City will build and maintain a cul-de-sac for Terrace School so that buses can make a turn-around and drop off students; and should the City ever abandon the Fire Station, or otherwise not need the property, School District #62 would have the right of first refusal to purchase the property back. Moved by Sayad, seconded by Brookman, that City enter into a land transfer agreement with School District #62 for property near Fire Station #3 (Thacker Street), and in exchange the City will build and maintain a cul-de-sac for Terrace School, and should the City ever abandon the Fire Station, or otherwise not need the property, that they would have the right of first refusal to purchase the property back; estimated cost for the cul-de-sac to be $100,526 with estimated partial funding of $75,000 from the State of Illinois and some work done by the Public Works Department; and further recommend to adopt Resolution R-17-01. Alderman Becker stated that he would like to compliment Alderman Sayad for his effort on this project; this will relieve a lot of congestion on Westgate Road; it takes the buses off the street for pickup and drop off; it is a win-win situation. Alderman Christiansen asked why this wasn't referred back to committee; we don't have anything in writing from Senator Dave Sullivan about this money; how much of the work can Public Works do?; he is disappointed that we are talking about it now and not in committee; he is not ~ CUL-DE-SAC (Cont'd.) EXECUTIVE SESSION: ACQUIS. OF REAL PROP./ RIVER MILL DEVELOPMENT MILL ST. &: RIVER ROAD: 218 2/5/01 PAGE ELEVEN debating the need for this, just that this was started in committee and it should end up in committee. Alderman Sayad stated that there are time constraints . Alderman Becker stated that time is of the essence for the expansion of Fire Station #3. Alderman Brookman asked Fire Chief Farinella what are the time constraints. Chief Farinella said that some of the money for this project must be expended by July and we need to get an architect. Alderman Brookman stated that Alderman Christiansen's points are well taken, but we are doing this for the safety of the children; she is sure that Senator Sullivan will keep his word. Alderman Sayad stated that it is his hope that this cul- de-sac could be dedicated to Firefighter Robert Coombs, who died in the line of duty in 1962; he received a call from Senator Sullivan who said he will give us $75,000; he has been working on this for three (3) months. Alderman Christiansen stated that he is leery of the State; we should have the School Board here to answer questions; they didn't even send a representative; do we know if the neighbors even want this?; he will be voting no because it is not in committee. Alderman Sayad stated that he has talked to the residents in the area, to the PTO and to the school representative; it is good for everyone; it will be a plus for everyone. Upon roll call , the vote was: AYES : 6-Beauvais , Elstner, Sayad, Brookman, Becker, Smith NAYS: 1-Christiansen ABSENT: 1-Petersen Motion declared carried Moved by Becker, seconded by Brookman, to go Executive Session to discuss acquisition of property. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS : 0-None ABSENT: 1-Petersen Motion declared carried. The City Council recessed at 8:50 p.m. The City Council reconvened at 9:10 p.m. into real Roll call indicated the following aldermen present : Beauvais, Christiansen, Sayad, Brookman, Becker, Smith. Moved by Christiansen, seconded by Becker, to concur with majority agreement in Executive Session that Acting Mayor and City Clerk be authorized to execute a Redevelopment Agreement with River Mill L.L.C., 7458 N. Harlem Avenue, Chicago, IL 60631, that would include the acquisition and remediation of property located at 697 s. River Road (Bill's Auto Body & Truck Repair), and the construction of a 5-story, 36-unit condominium building with buried utilities, on the southeast corner of Mill Street and River Road, at at cost to the City of $650,000/TIF Funds ; and further recommend to adopt Resolution R-18-01 , A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND RIVER MILL, LLC FOR A REIMBURSEMENT NOT-TO- EXCEED $650,000. RIVER MILL (Cont'd.} ADJOURNMENT: 219 2/5/01 PAGE TWELVE Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Smith NAYS: 1-Brookman ABSENT: 2-Elstner, Petersen Motion declared carried. Moved by Becker, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:12 p.m. onnaMCAll~ CITY CLERK APPROVED BY ME THIS DAY OF _\:+,~~~~--~i.=-f---2001