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09-17-2001055 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS I DES PLAINES CIVIC CENTER I MONDAY I SEPTEMBER 17, 2001 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, September 17, 2001. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, Argus. Alderman Beauvais and Brookman were absent. Alderman Beauvais arrived at 6:33 p.m. and Alderman Brookman arrived at 6:52 p.m. Also present were: Acting City Manager-EDC Director Schneider, Assistant to the City Manager Bajor, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Public Works Killian, City Engineer Oakley, Acting Director of Community Development Molinari, Director of Human Resources & Services Merriman, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PROCLAMATION: PRESENTATION: Moved by Smith, seconded by Argus, to go into Executive Session to discuss acquisition of real property. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Brookman Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 6:52 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Mayor Arredia introduced the Police Department's Color Guard who posted the colors. The opening prayer was given by Reverend Gary Houdek, Golf Road Baptist Church, followed by the Pledge of Allegiance to the Flag. Maine West High School freshman, Samantha Minella, sang "I Believe" and led everyone in singing "God Bless America." Mayor Arredia introduced former Mayor Chuck Bolek (1976- 1977), former Mayor Jack Seitz (1981-1989), former Mayor Mike Albrecht (1989-1993), and former Mayor Ted Sherwood (1993-1997) and thanked them for coming to participate in this special remembrance of the tragedy in New York and Washington last week. Mayor Arredia presented a proclamation to Conductor Paul Vermel, and Board members Diane Macewicz and Saran Larson of the Northwest Symphony Orchestra, in recognition of the Orchestra's 50th season, and encouraged everyone to attend their fine concert programs. Keep Des Plaines Beautiful Coordinator Christine Wolski gave a brief update of the activities and accomplishments of KDPB in 2001 and their goals for 2002. Coordinator Wolski and KDPB Commission member Donna Holtz presented Certificates of Appreciation to Candice Messerschmidt and PRESENTA. (Cont'd.) PUBLIC HEARING/ PROPOSED TIF #6 MANNHEIM- HIGGINS: CALL TO ORDER: DISCUSSION: CITIZEN PARTICIPA.: ACQUISITION OF REAL PROPERTY/ 1925 BUSSE: TRAFFIC CONTROL/ OAKTON AT MAINE WEST DRIVE: CONSENT AGENDA: 056 9/17/01 PAGE TWO Larry Golberg for their volunteer work on the KDPB Commission, and also to Joan Chiropolos for her outstanding work with the Crayon Recycling Program and plantings at the War Memorials. MINUTES OF THE 11 RECONVENED 11 PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS I DES PLAINES CIVIC CENTER I MONDAY I SEPTEMBER 17, 2001 Mayor Arredia called the "Reconvened" Public Hearing from September 4, 2Oo1, to order at 7 : 2 3 p. m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed development plan for the proposed Mannheim-Higgins Roads Redevelopment Project Area, bounded by Higgins Road on the south, Mannheim Road on the west, E. Railroad Avenue on the east and Greenleaf Avenue on the north, and adoption of tax increment financing for proposed TIF #6. Acting City Manager-EDC Director Schneider stated that this reconvened Public Hearing was being held to satisfy all legal requirements in this matter. Mayor Arredia asked for public comment. There was none. The Public Hearing was adjourned at 7:25 p.m. The City Council meeting was reconvened at 7:26 p.m. Mr. Eldon Burk, 661 Walnut Court, a member of the Des Plaines Library Board, addressed the City Council stating that the Library Board meeting to be held tomorrow night, September 18, 2001, will begin at 6:30 p.m. and recess at 7: 25 p. m. in order to participate in the City's Candlelight Vigil at 7:30 p.m. at the Library Plaza, which is being held to reflect on those who lost their lives as a result of tragedy in New York and Washington last week. Moved by Smith, seconded by Argus, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding acquisition of real property at 1925 Busse Highway. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, .Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Christiansen, that two (2) police officers be assigned to direct traffic between 7:00 a.m. and 8:00 a.m., and between 3:00 p.m. and 4:00 p.m., Monday through Friday, on Oakton Street at Maine West Drive. Motion declared carried. Moved by Christiansen, seconded by Brookman, to authorize funding for these two (2) police officers until January 1, 2002, and this matter be returned to the City Council for further review. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Alderman Becker requested that Items 4 and 8 be removed from the Consent Agenda; Alderman Brookman requested that Items 12, 13 and 14 be removed. CON. AGEN. (Cont'd.) MINUTES: Consent Agenda FINAL PLAT/ EUGENE'S SUBDIV. 631-633 HOWARD: Consent Agenda FINAL PLAT/ JS &: J SUBDIV. CURTIS &: PRATT: FINAL PLAT/ A. BUDYS &: W. WYSZYNSKI SUBDIV. 2019-2057 WOLF RD.: Consent Agenda PATIO VARIATION/ 720 DURSEY: Consent Agenda PATIO VARIATION/ 641 LONGFORD: Consent Agenda PAGE THREE Moved by Sayad, seconded by Beauvais, Consent Agenda except for Items 4, 8, Motion declared carried. 057 9/17/01 to establish a 12, 13 and 14 . Moved by Sayad, seconded by Argus, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-47-01 and M-51-01 were placed on First Reading and Resolution R-72-01 was adopted. Moved by Sayad, seconded by Argus, to approve minutes of the regular meeting of the City Council held September 4, 2001, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to approve minutes of the Executive Session of the City Council held September 4, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Eugene's Subdivision, 631-633 Howard Avenue; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Alderman Becker stated his concern about the depth of the lots and the lot coverage. Moved by Becker, seconded by Beauvais, to DENY request for approval of Final Plat and Subdivision Variation to allow the depth of all three (3) lots to be only 103' instead of the required 125' for JS & J First Addition Subdivision, southwest corner of Curtis Street and Pratt Avenue. Moved by Smith, seconded by Murphy, to adopt a substitute motion that this matter be TABLED until October 1, 2001, for further review. Motion declared carried. Moved by Sayad, seconded by Argus, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat and Subdivision Variation to allow the depth of Lots #3, 4, 5 and 6 to be only 110' instead of the required 125' for A. Budys & W. Wyszynski Third Addition to Des Plaines, 2019-2057 Wolf Road; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to grant request for a Variation to Section 4-7-9 of the Building Code Amendments for property located at 720 Dursey Lane, to permit construction of a patio that would extend 22' from the building foundation (Code permits patios to extend 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments for property located at 641 Longford Drive, to permit construction of a patio that would extend 22' from the building foundation (Code permits patios to extend 15' from the building foundation) . Motion declareq carried as approved unanimously under Consent Agenda. BID AWARD/ 2001 CIP CONTRACT BID AWARD/ MERCURY REMEDIATION: Consent Agenda RESOLUTION R-72-01 RATIFY POLICE UNION AGREEMENT: Consent Agenda ORDINANCE M-47-01 COMPENSA. PLAN/POLICE UNION: Consent Agenda ORDINANCE M-48-01 HOTEL-MOTEL TAX: ORDINANCE M-49-01 PACKAGE LIQUOR TAX: ORDINANCE M-50-01 FOOD & BEVERAGE TAX: PAGE FOUR 058 9/17/01 Moved by Becker, seconded by Sayad, to delete from the bid award the cost of Ductile Iron Water Main, CL-52, 12" in the amount of $102,181. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Argus, to TABLE until October 1, 2001, the bid award for 2001 Capital Improvement Program Water System Improvements -Control "C", less $102,181 for Ductile Iron Water Main, CL-52, 12", to the lowest bidder, Mauro Sewer Construction, Inc., 1251 Redeker Road, Des Plaines, in the amended bid amount of $1,076,523/Water Fund. Motion declared carried. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to award bid for Mercury Contamination Remediation and Hazard Control Plan for the Holy Family Hospital and Oakton Avenue water tanks, to the lowest bidder, Luse Companies, 2 050 N. 15th Avenue, Melrose Park, IL 60160, in the total bid amount of $5,990/Water Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to adopt Resolution R-72-01, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE METROPOLITAN ALLIANCE OF POLICE DES PLAINES POLICE CHAPTER #240 (EFFECTIVE MAY 1, 2001 THROUGH APRIL 30, 2004). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to place on First Reading Ordinance M-47-01, AN ORDINANCE AMENDING SCHEDULE II "POLICE GROUP" OF TITLE I, "ADMINISTRATIVE," OF CHAPTER 15, "POSITION CLASSIFICATION AND COMPENSATION PLAN I" OF SECTION 4 I "CLASSIFICATION PLAN TO THE CITY SERVICE," OF THE DES PLAINES CITY CODE TO REFLECT STEP INCREASES EFFECTIVE MAY 1, 2001 THROUGH APRIL 30, 2004. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman stated that she will be voting no on all the tax ordinances; she is not convinced that there is a need for these tax increases; she is not convinced that there is a real emergency at this time; we need to cut the fat before we increase taxes. Moved by Sayad, seconded by Christiansen, to place on First Reading Ordinance M-48-01, AN ORDINANCE AMENDING TITLE V, "BUSINESS" CHAPTER 47, "HOTEL-MOTEL OPERATOR'S OCCUPATION TAX," SECTION 3, "RATE; EXEMPTION" TO AMEND THE FEES. Motion declared carried. Alderman Brookman voted no. Moved by Murphy, seconded by Argus, to place on First Reading Ordinance M-49-01, AN ORDINANCE ADDING A NEW CHAPTER 57 "RETAIL ALCOHOLIC LIQUOR SALES TAX" TO TITLE V "BUSINESS REGULATIONS" OF THE DES PLAINES CITY CODE, DES PLAINES, ILLINOIS. Motion declared carried. Alderman Brookman voted no. Moved by Beauvais, seconded by Sayad, to place on First Reading Ordinance M-50-01, AN ORDINANCE ADDING A NEW CHAPTER 57 "FOOD AND BEVERAGE TAX" TO TITLE V, "BUSINESS REGULATIONS" IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND ADMINISTERED TAXES OF THE CITY OF DES PLAINES, ILLINOIS. M-50-01 (Cont'd.) ORDINANCE M-51-01 BUILDING PERMIT FEES: Consent Agenda ORDINANCE M-47-01 COMPENSA. PLAN/POLICE UNION: MOTORIZED SKATEBOARD ORDINANCE: PARKING PAD VARIATION/ 1528 PENNSYLVANIA: 059 9/17/01 PAGE FIVE Alderman Brookman again stated her objection to these taxes; these taxes should not be considered before the budget is examined. Moved by Beauvais, seconded by Sayad, to call for the question. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. Motion declared carried on the original motion. Alderman Brookman voted no. Moved by Sayad, seconded by Argus, to place on First Reading Ordinance M-51-01, AN ORDINANCE AMENDING TITLE IV I "BUILDING" CHAPTER 4 I "BUILDING PERMITS I" SECTION 1, "BASIS OF BUILDING PERMIT FEES." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-47-01, AN ORDINANCE AMENDING SCHEDULE II "POLICE GROUP" OF TITLE I, "ADMINISTRATIVE," OF CHAPTER 15, "POSITION CLASSIFICATION AND COMPENSATION PLAN I" OF SECTION 4 I "CLASSIFICATION PLAN TO THE CITY SERVICE," OF THE DES PLAINES CITY CODE TO REFLECT STEP INCREASES EFFECTIVE MAY 1, 2001 THROUGH APRIL 30, 2004. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE LEGAL & LICENSING Alderman Smith, Chair Moved by Sayad, seconded by Murphy, to recommend to the City Council that City Attorney be authorized to prepare necessary ordinance to prohibit anyone from operating a motorized skateboard on a public or private street, parking lot, sidewalk, bike path or other areas open to the public. Motion declared carried. BUILDING CODE Alderman Murphy, Chair Acting Director of Community Development Molinari reviewed his memo of August 7, 2001, regarding a request to permit the construction of a parking pad, 9' at the property line, flaring to 16' wide by 17' long, in the front yard on property located at 1528 Pennsylvania; the Staff is recommending against granting this request; it would overwhelm the front yard with pavement and there is street parking and it would be out of place in the neighborhood. Alderman Argus stated that these are 3-bedroom homes and they don't have the parking they would like; while she is sympathetic with the problem, she doesn't like paving 60% of the front yard; perhaps permit parking would be best for this area. PARKING PAD (Cont'd. ) WARRANT REGISTER: HIRING OF LOBBYIST: 060 9/17/01 PAGE SIX Petitioner Jayanti M. Patel addressed the Committee of the Whole stating that his wife works and sometimes comes home in the dark and has to park several blocks away from her home . Moved by Becker, seconded by Sayad, to recommend to the City Council to DENY request for a Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a parking pad, 9' wide at the property line, flaring to 16' wide by 17' long, in front yard on property located at 1528 Pennsylvania Avenue, BUT refund application fee to the petitioner and Staff be authorized to investigate possibility of permit parking in this area. Motion declared carried. FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Argus, to recommend to the City Council approval of the September 17, 2001 - Warrant Register, in the total amount of $2,920,520.47; and further recommend that Resolution R-73-01 be adopted at appropriate time this evening. Motion declared carried. Alderman Christiansen stated that he is more in favor of hiring a grant writer; he doesn't know what a lobbyist could do that Senator Sullivan and Representative Mulligan can't do for the City; this money ($60, 000 ) could best used hiring a grant writer . Alderman Murphy stated that a lobbyist would know what monies are available; the City Council has already authorized the $60,000; we should make a decision on this tonight. Alderman Brookman stated that we should reconsider hiring a lobbyist at $60,000; this is not the time to experiment with a lobbyist; we have State legislators who will be aware of what money is down in Springfield for us; we have the Northwest Municipal Conference who should be monitoring legislation for us; our department heads will have a feel of where the money is; they attend conferences and workshops. Moved by Brookman, seconded by Christiansen, to recommend to the City Council to NOT hire a lobbyist for $60,000. Motion declared failed. Alderman Christiansen and Brookman voted yes. Mr. Carmen Sarlo, 3051 Scott Street, addressed the Committee of the Whole stating that sometimes the aldermen can be lobbyists themselves; we are in a budget crisis; be careful of what you are doing. Moved by Argus, seconded by Beauvais, to recommend to the City Council to retain the services of All-Circa, Inc., 111 W. Washington Street, Suite 1920, Chicago, IL 60602, to serve as a lobbyist for the City, for a fee of $60,000 (authorized by the City Council 'on December 19, 2000). Alderman Argus stated that this is the time to hire a lobbyist because we need the money; our legislators have done a great job, but they do not have the time to find all the money that is available. Alderman Sayad stated that Senator Sullivan told him that it would be a good idea to hire a lobbyist; this would pay for itself; it would be positive for the City. Alderman Brookman stated that these lobbyists have no track record. LOBBYIST (Cont'd.) soc PAYMENT: 061 9/17/01 PAGE SEVEN Alderman Murphy stated that lobby groups are the power in Springfield; we know that we are in a deficit; this is a most prudent way to solve our problem. Alderman Christiansen stated that there should be a list of priorities before we hire a lobbyist. Moved by Becker, seconded by Murphy, to call for the question. Motion declared carried. Upon roll call on the original motion, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Argus NAYS: 3-Christiansen, Brookman, Smith ABSENT: 0-None Motion declared carried. Alderman Sayad stated that he would compile a list of priorities from the aldermen. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Brookman, seconded by Smith, to concur with recommendation of Committee of the Whole held September 5, 2001, to approve one-time payment of $250,000/General Fund, to the Suburban O'Hare Commission, 117 E. Green Street, Bensenville, IL 60106, for the Citizen's Action Plan. Alderman Sayad stated that he has received a lot of calls on this matter; after all that has happened last week, we don't know what is going to happen with the airlines; we should defer this payment until we see what is going on at the airport; we have to sit back and hold off ; we shouldn't be doing this at this time. Alderman Brookman stated that this is a critical issue at a critical time; SOC is the one organized group that fights expansion at O'Hare; do we really want additional flights operating at 0' Hare?; it will add stress on security; there are also health issues. Alderman Murphy stated that she thinks it would be wise to hold off on the payment until we know what is going on at O'Hare. Moved by Murphy, seconded by Sayad, to suspend the rules to permit public input on this matter. Motion declared failed. Aldermen Christiansen, Brookman, Becker, Smith and Mayor Arredia voted no. Aldermen Beauvais, Murphy, Sayad, Argus voted yes. Moved by Smith, seconded by Brookman, question. Motion declared carried. Sayad and Argus voted no. Upon roll call on the original motion, AYES: 5-Beauvais, Christiansen, Brookman, Becker, Smith NAYS: 3-Murphy, Sayad, Argus ABSENT: 0-None Motion declared carried. to call for the Aldermen Murphy, the vote was: Mayor Arredia stated that he would not release payment until it has been determined, in writing, that all the other communities involved have committed to making a similar payment. MOTORIZED SKATEBOARD ORDINANCE: PARKING PAD VARIATION/ 1528 PENNSYLVANIA: WARRANT REGISTER: Resolution R-73-01 HIRING OF LOBBYIST: WAIVING OF PERMIT FEES/ SPECIAL REQUESTS: TRAFFIC RESTRICTION/ WILKINS AT BRADLEY: 062 9/17/01 PAGE EIGHT Moved by Smith, seconded by Christiansen, to concur with recommendation of Committee of the Whole that City Attorney be authorized to prepare necessary ordinance to prohibit anyone from operating a motorized skateboard on a public or private street, parking lot, sidewalk, bike path or other areas open to the public. Motion declared carried (further action on this matter under Consent Agenda on October 1, 2001). Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole to DENY request for a Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a parking pad, 9' wide at the property line, flaring to 16' wide by 17' long, in the front yard on property located at 152 8 Pennsylvania Avenue, BUT refund application fee to the petitioner and Staff be authorized to investigate possibility of permit parking in this area. Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-73-01, 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: $2,920,520.47. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Argus, seconded by Beauvais, to concur with recommendation of Committee of the Whole to retain the services of All-Circa, Inc., 111 W. Washington Street, Suite 1920, Chicago, IL 60602, to serve as a lobbyist for the City, for a fee of $60,000 (authorized by the City Council on December 19, 2000). Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Argus NAYS: 3-Christiansen, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Sayad, that when special requests are received that permit fees be waived because of medical, financial, etc. reasons, the matter be referred to the alderman of the Ward, for review and report. Motion declared carried. Alderman Sayad stated that four (4) months ago he requested the STAC (Staff Traffic Advisory Committee) to review his request for a stop sign on the northwest corner of Wilkins Drive and Bradley Street; he has never received a response. Moved by Sayad, seconded by Argus, that City Attorney be authorized to draft necessary ordinance making Wilkins Drive a stop street at Bradley Street. Alderman Brookman stated that she would like a full report from STAC regarding this matter. Motion declared carried. Aldermen Christiansen, Brookman and Smith voted no. ADJOURNMENT: 063 9/17/01 PAGE NINE Moved by Sayad, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:35 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS ~-~---~~~ 2001