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10-01-2001064 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 OCTOBER 1, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, October 1, 2001. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker; Smith, Argus. Also present were: Acting City Manager-EDC Director Schneider, Assistant Director of Finance Jisa, Police Chief Ryan, Fire Chief Farinella, Assistant Director of Public Works Dusckett, City Engineer Oakley, Acting Director of Community Development Molinari, Director of Human Resources & Services Merriman, Director of Emergency Communications Ornberg, Cable Production Coordinator Palm, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA.: The opening prayer was given by Father Gene Dyer, St. Mary's Catholic Church, followed by the Pledge of Allegiance to the Flag. Mayor Arredia also asked that we remember in our prayers former police officer and City Treasurer Kenneth Fredricks, and former Fifth Ward alderman, Irene Birchfield; both recently passed away. Mayor Arredia presented a Certificate of Appreciation to Des Plaines resident Betty Brosius, the founder of Rainbow Hospice. Mayor Arredia presented a Certificate of Appreciation and a plaque from the Police Department to Mr. Graham Hills, G. L. Hills Funeral Home, 745 Graceland Avenue, who provided funeral arrangements at no cost for a two year old child who had died suddenly and tragically in Des Plaines. Mrs. Donna Bavido, 1895 Fargo Avenue, addressed the City Council and introduced Ms. Julianne Dellert, 715 Prairie Avenue and Mrs. Mary Waigand, 306 Diamond Head Drive, who have been making patriotic ribbons and distributing them door to door in their neighborhoods to show support for America after the recent tragedies in New York, Washington and Pennsylvania. Mrs. Donna Kassens, 1509 Webster Lane, a member of the Des Plaines Citizens for Responsible Development, addressed the City Council and thanked everyone who purchased items at their recent fundraiser. Father Gene Dyer, St. Mary's Catholic Church, 794 Pearson Street, addressed the City Council encouraging everyone to attend the 4th Annual Mayor's Prayer Breakfast to be held Thursday, October 4, 2001 at 7:30 a.m. at Manzo's Banquets, 1571 Elmhurst Road, Des Plaines. Mr. Ted Sherwood, 675 Pearson Street, addressed the City Council questioning how Alderman Argus, a retired employee of United Airlines, was permitted to vote on the $250,000 payment to Suburban O'Hare Commission; wasn't this a conflict of interest. City Attorney Wiltse said no, it was clear that she could vote on this matter. Mr. Sherwood asked that if another attorney gave a different opinion, could he present that to the City Council. City Attorney Wiltse asked that he be permitted to read the letter first. CITIZEN PART. (Cont'd.) VEHICLE STICKER FEES: RENTAL UNIT FEE: CONSENT AGENDA: MINUTES: Consent Agenda 065 10/1/01 PAGE TWO Mr. Vince Powers, 862 Webster Lane, addressed the City Council regarding what he considers obstruction to open government by the City Council; he was not permitted to speak at the last meeting regarding the $250,000 payment to the Suburban 0' Hare Commission (SOC) ; he was surprised that the Mayor and some of the aldermen did not allow him to speak; this $250,000 could be donated to the Disaster Relief Fund. Mr. Carmen Sarlo, 3051 Scott Street, addressed the City Council complimenting Fire Chief Farinella and all the firemen who participated in the recent collection of monies for the disaster in New York. Mr. Sarlo asked City Attorney Wiltse to review Section 1-26-6 of the City Code to see if it is being enforced. Mr. Charles Huestis, 1474 Ashland Avenue, addressed the City Council about the flooding that the condos in his area are causing in his home; he has lost many possessions; some of the sewer drains are improper. Mr. John Eide, 1325 Perry Street, a member of his condo's Board of Directors, addressed the City Council stating that they have had a problem with the alley behind their building; there is a lot of garbage; the alley is used as a dumping ground by people from other areas; there is graffiti; the children play between the buildings which is very dangerous; Alderman Beauvais has been very, very helpful, but something permanent needs to be done. Mayor Arredia stated that he and Alderman Beauvais would meet tomorrow and discuss a solution to this problem. Mr. Jack Cavalenes, 1043 Wicke Avenue, a member of Des Plaines Citizens for Responsible Development, addressed the City Council to thank them for limiting further discussion on the SOC payment; we have had a lot of discussion on this matter; everyone got a chance to speak their mind; this matter has been beaten to death. Moved by Sayad, seconded by Murphy, to TABLE until December 3, 2 001, the matter of Vehicle Sticker Fees scheduled to be discussed under Committee of the Whole later in this meeting. Motion declared carried. Moved by Sayad, seconded by Argus, to TABLE until October 15, 2001, the matter of Rental Unit Fee scheduled to be discussed under Committee of the Whole later in this meeting. Motion declared carried. Alderman Christiansen requested that Items 8 and Ba be removed from the Consent Agenda; Alderman Murphy requested that Item 13 be removed. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 8, Ba and 13. Motion declared carried. Moved by Becker, seconded by Beauvais, 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; Ordinance M- 51-01 was adopted; Ordinances M-52-01, M-53-01, M-54-01, M-55-01, M-56-01, and T-5-01 were placed on First Reading; and Resolutions R-74-01, R-75-01, R-78-01 and R-79-01 were adopted. Moved by Becker, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held September 17, 2001, as published. Motion declared carried as approved unanimously under Consent Agenda. MINUTES (Cont'd.) LICENSE AGREEMENT/ 651 CASTLEREA: Consent Agenda Ordinance M-52-01 LICENSE AGREEMENT/ 655 CASTLEREA: Consent Agenda Ordinance M-53-01 LICENSE AGREEMENT/ 661 CASTLEREA: Consent Agenda Ordinance M-54-01 LICENSE AGREEMENT/ 651 MIDDLETON: Consent Agenda Ordinance M-55-01 SALE OF CITY VEH./ NWMC AUCTION: Consent Agenda Ordinance M-56-01 066 10/1/01 PAGE THREE Moved by Becker, seconded by Beauvais, to approve minutes of the Executive Session of the City Council held September 17, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation to permit installation of an underground lawn sprinkler system in City-owned right-of- way adjacent to property located at 651 Castlerea Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-52-01, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH VERNE SMITH, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF- WAY IN FRONT OF 651 CASTLEREA LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation to grant request to permit installation of an underground lawn sprinkler system in City-owned right-of-way adjacent to property located at 655 Castlerea Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-53-01, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH ALAN CREDELL, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 655 CASTLEREA LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation to grant request to permit installation of an underground lawn sprinkler system in City-owned right-of-way adjacent to property located at 661 Castlerea Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-54-01, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JOHN HASTINGS, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 661 CASTLEREA LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation to grant request to permit installation of an underground lawn sprinkler system in the City-owned right-of-way adjacent to property located at 651 Middleton Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-55-01, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH MIKE NOWAK, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 651 MIDDLETON LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation to authorize to sell by auction at the annual Northwest Municipal Conference Surplus Auction to be held Saturday, October 20, 2001, 11:00 a.m., Mt. Prospect Public Works Facility, 1700 W. Central Road, Mt. Prospect, surplus City vehicles from the Public Works and Police departments that are deemed no longer necessary or useful to or for the best interest of the City; and further recommend to place on First Reading Ordinance M- 56-01, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimouslAA under Consent Agenda. ~· ZONING CASE 01-14-CU CONDIT. USE/ 1065 LEE: Ordinance Z-16-01 AMERITECH CABLE FRANCHISE TRANSFER: Consent Agenda Resolution R-74-01 CDBG PUBLIC SERVICE CONTRACTS/ 2001-2002: Consent Agenda Resolution R-75-01 FACADE REHABILITA. PROGRAM/ 1175-1181 ELMHURST: PAGE FOUR 067 10/1/01 Alderman Christiansen stated his concern about the operation of this type of business; this shouldn't look like a used car lot; how are they going to advertise; if we give this to one, we will have to give it to others. Alderman Becker stated that he also had questions about used car lots; are they used as holding pens for cars. Alderman Beauvais stated that she agrees but every business has a right to apply for a conditional use; if they are a responsible business, she doesn't have a problem; this petitioner goes out of his way to keep his place clean. Alderman Sayad stated that he doesn't have a problem with this request; they keep up their place. The petitioners stated that there would only be four (4) cars for sale on the lot at any one time; if they have more cars than that, they will be stored in a fenced area at the back of the property. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff, re Zoning Case 01-14-CU, to permit sale of used motor vehicles in C-3 General Commercial District on property located at 1065 Lee Street; and further recommend to place on First Reading Ordinance z- 16-01, AN ORDINANCE ALLOWING FOR USED MOTOR VEHICLE SALES IN A C-3 GENERAL COMMERCIAL ZONING DISTRICT AT 1065 LEE STREET, DES PLAINES, ILLINOIS (CASE 01-14-CU). Motion declared carried. Moved by Becker, seconded by Beauvais, to concur with recommendation of the Des Plaines Cable Commission to approve transfer of Ameritech New Media (ANM), 300 S. Riverside Plaza, Suite 1800 North, Chicago, IL 60606, cable franchise agreement with the City to WideOpenWest Illinois, LLC, 900 W. Castleton Road, Suite 220, Castle Rock, CO 80104; Mayor and City Clerk be authorized to execute all necessary documents; and further recommend to adopt Resolution R-74-01, A RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE BETWEEN THE CITY OF DES PLAINES AND AMERITECH NEW MEDIA, INC. TO BE ASSIGNED TO WIDEOPENWEST HOLDINGS, LLC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation to award Community Development Block Grant (CDBG) funded public service contracts for Year 2001-2002, as follows (budget for these funds was approved on August 6, 2001): Child Care Subsidy Program Emergency Shelter Assistance Shared Housing Employment Service Transit. Housing/Counseling -CEDA Northwest -$15,000 -Provided by City -$400 -Center of Concern-$9,250 -CEDA Northwest -$11,250 -1) Women In Need Growing Stronger (W.I.N.G.S.) - $11,000 2) CEDA Northwest-$2,000 Fair Housing Counseling -CEDA Northwest -$6,000; and further recommend to adopt Resolution R-7 5 -o 1, A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN THE CITY OF DES PLAINES AND VARIOUS NOT-FOR- PROFIT AGENCIES FOR THEIR ASSISTANCE IN ADMINISTERING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with recommendation of Des Plaines Economic Development Commission to authorize payment of $9,169/2001 Facade Rehabilitation Program Funds, to Key Management & Investment, Inc., owner of 1175-1181 Elmhurst Road, ~ FACADE R-78-01 (Cont'd.) 2001 WATER SYS. IMPROV. AGREEMENT/ GEWALT HAMILTON: Consent Agenda Resolution R-79-01 REIMBURSE./ STORM SEWERS BUDYS &: WYSZYNSKI SUBDIVIS.: REDUCTION/ SURETY BOND 1892-1900 LEE ST.: Consent Agenda USE OF CITY PROPERTY/ OPTIMIST CLUB OF DES PLAINES: Consent Agenda 068 10/1/01 PAGE FIVE as the City's contribution for the rehabilitation ranging from minor repairs and painting to complete facade renovation of this property; and further recommend to adopt Resolution R-78-01, A RESOLUTION AUTHORIZING THE PAYMENT OF AN AMOUNT NOT-TO-EXCEED $9,169 TO KEY MANAGEMENT AND INVESTMENT, INC. OWNER OF 1175-1181 ELMHURST ROAD, DES PLAINES, ILLINOIS AS THE CITY'S CONTRIBUTION OF THE REHABILITATION OF THE BUILDING FACADE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Gewalt Hamilton Associates, Inc., 850 Forest Edge Drive, Vernon Hills, IL 60061, to perform Construction Engineering Services for 2001 Water System Improvements, Contract c, in the amount of $56,041/Water Fund; Mayor and City Clerk be authorized to execute necessary document; and further recommend to adopt Resolution R-79-01, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF THE 2001 WATER SYSTEM IMPROVEMENTS CONTRACT C CONSTRUCTION ENGINEERING PROJECT BETWEEN THE CITY OF DES PLAINES AND GEWALT HAMILTON ASSOCIATES, INC. Motion declared carried as approved unanimously under Consent Agenda. Alderman Murphy requested that provisions be made that in the future the City be allowed to recoup the reimbursement costs from any tie-ins from future subdivisions, and this be added to the motion. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to authorize Waldemar Wyszynski, Luxus Homes Development, LLC, 15 N. Northwest Highway, Park Ridge, IL 60068, developer of A. Budys & Wyszynski 3rd Addition to Des Plaines Subdivision, located at the southeast corner of Wolf Road and Howard Avenue, to construct two (2) oversized storm sewers, 24" and 12", and extend them to the Birchwood Avenue right-of-way in order to accept existing street drainage and future street improvements and to make the storm sewers available for future subdivisions, with reimbursement from the City at a cost not-to-exceed $42,665/General Improvement Fund; AND further recommend that in the future the City be allowed to recoup the reimbursement costs from any tie-ins from future subdivisions. 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 Beauvais, to concur with Staff recommendation to grant request for reduction to the public improvement surety cash bond of 90%, or from $23,575 to $2,357.50, for Delgado's Fifth Resubdivision, 1892-1900 Lee Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to grant request from Optimist Club of Des Plaines to place a trailer on City's Parking Lot #5, at River Road and Perry Street, for their annual Christmas Tree Sales Project, November 21 to December 31, 2001; insurance and clean-up to be provided by Optimist Club of Des Plaines; and all City fees be waived -ANNUAL REQUEST. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ POLICE VEH. VIDEO CAMERAS: Consent Agenda ADVERTISING FOR BID: Consent Agenda ORDINANCE T-5-01 SKATEBOARD RESTRICT.: Consent Agenda ORDINANCE M-51-01 BUILDING PERMIT FEES: Consent Agenda APPOINTMENT: ORDINANCE Z-16-01 CONDIT. USE/ 1065 LEE: 9-1-1 INTERGOV. AGREEMENT/ MORTON GROVE, NILES, PARK RIDGE: PAGE SIX 069 10/1/01 Moved by Becker, seconded by Beauvais, to concur with Staff recommendation to award bid for Thirteen (13) In- Car Video Cameras for Police Vehicles to the lowest bidder, Kustom Signals, Inc., 9325 Pflumm road, Lenexa, KS 66215, in the total bid amount of $42, 356/Custom Seizure Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Purchase and Installation of New Video Equipment for cable control room, returnable by 3: 00 p. m., Friday, October 19, 2 001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to place on First Reading Ordinance T-5-01, AN ORDINANCE AMENDING TITLE x, "TRAFFIC" CHAPTER 6, "MISCELLANEOUS DRIVING RULES" SECTION 8 "USE OF COASTERS I ROLLER SKATES I SIMILAR DEVICES" TO ADD A NEW SUBSECTION D TO INCLUDE PROHIBITING MOTORIZED SKATEBOARDS IN PUBLIC AREAS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to adopt Ordinance M-51-01, AN ORDINANCE AMENDING TITLE IV, "BUILDING" CHAPTER 4 I "BUILDING PERMITS I II SECTION 1, "BASIS OF BUILDING PERMIT FEES, " Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) was the appointment of Craig Westfall (replacing Garrett Okuda) to the YOUTH COMMISSION. (final action on this matter under Consent Agenda on October 15, 2001) Moved by Sayad, seconded by Christiansen, to advance to Second Reading and adopt Ordinance Z-16-01, AN ORDINANCE ALLOWING FOR USED MOTOR VEHICLE SALES IN A C-3 GENERAL COMMERCIAL ZONING DISTRICT AT 1065 LEE STREET, DES PLAINES, ILLINOIS (CASE 01-14-CU). 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. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE PUBLIC SAFETY Alderman Beauvais, Chair Director of Emergency Communications Ornberg reviewed her memo of September 21, 2001, regarding the proposed intergovernmental agreement between the City, Morton Grove, Niles and Park Ridge, for the joint and mutual operation of a 9-1-1 emergency telephone answering system and police dispatching system. Moved by Beauvais, seconded by Becker, to concur with Staff and recommend to the City Council that Mayor and City Clerk be authorized to execute intergovernmental agreement with Morton Grove, Niles and Park Ridge, for the joint and mutual operation of a 9-1-1 emergency telephone answering system and police dispatching system; and Resolution R-76-01 be adopted at appropriate time this evening. Motion declared carried. WARRANT REGISTER: SUBDIVISION FEES: FENCING AROUND CONSTRUCTION SITES: PAGE SEVEN 070 10/1/01 FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the October 1, 2001 - Warrant Register, in the total amount of $2,147,563.24; and further recommend that Resolution R-77-01 be adopted at appropriate time this evening. Motion declared carried. Acting Director of Community Development Molinari reviewed his memo of September 13, 2001, regarding the survey he conducted of surrounding communities to determine the fees they are charging for subdivision application and processing; it appears that Des Plaines is at about mid-point with the other communities. Moved by Beauvais, seconded by Argus, to concur with Staff recommendation and recommend to the City Council the following changes to the subdivision fees: Filing fee for each subdivision One acre or less -$250 plus $3 per lot More than 1 acre but less than 5 -300 plus $3 per lot More than 5 acres but less than 10 -350 plus $3 per lot More than 10 acres but less than 20-500 plus $3 per lot More than 20 acres -650 plus $3 per lot Application fee for each vacation -$250 PLUS $800 cash deposit* * applicant shall pay any additional amount over $800; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. BUILDING CODE Alderman Murphy, Chair Acting Director of Community Development Molinari reviewed his memo of September 5, 2001, regarding the proposed Building Code amendment setting forth requirements for the fencing of all construction sites, whether residential or commercial, to protect the health, safety and welfare of the residents. Alderman Brookman stated that this proposed amendment goes far beyond the original intent; this is very vague and broad-brushed; we should review each section of the proposed amendment separately. Alderman Christiansen suggested that a fence be required when the footprint is changed by 50% or more; could a foot depth be put in the ordinance? Director Molinari said yes. Alderman Smith stated that he agrees that an ordinance like this is needed, but we might need to clear up some of the language; maybe the homeowner should ask for a variation to NOT put up a fence; this should be included in the ordinance. Alderman Brookman stated that this proposed ordinance goes to prove that citizens' rights are in danger; it is a poorly written ordinance; this was supposed to be something to protect the children; we should slow down. Alderman Murphy requested that the proposed ordinance be rewritten to include the suggestions made tonight. Alderman Smith stated that he would also like to see what it will cost to erect a fence. Moved by Sayad, seconded Brookman, to TABLE until November 19, 2001, further discussion on fencing around construction sites and Staff be authorized to rewrite the proposed ordinance to include the comments and suggestions made this evening. Motion declared carrie~ FINAL PLAT &: SUBDIV. VARIATION/ CURTIS &: PRATT: BID AWARD/ 2001 CIP CONTRACT SUSPEND THE RULES: FINAL PLAT &: SUBDIV. VARIATION/ CURTIS &: PRATT: 071 10/1/01 PAGE EIGHT MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Beauvais, to DENY recommendation of Des Plaines Plan Commission to approve 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; and Mayor and City Clerk be authorized to execute same. Alderman Becker stated that he is against this request because of the lot sizes and that three (3) homes will be built on these lots; he would consider two (2) homes being built on this property. Alderman Beauvais stated that she is totally against this request; she will be voting no; it is way too big. Motion declared carried to DENY. Moved by Sayad, seconded by Becker, to award bid for 2oo1 Capital Improvement Program Water System Improvements - Contract C, less $102,1181 for Ductile Iron Water Main, CL-52, 12" (as approved by the City Council on September 17, 2001), to the lowest bidder, Mauro Sewer Construction, Inc., 1251 Redeker Road, Des Plaines, in the AMENDED bid amount of $1,076,523/Water Fund. 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 Smith, seconded by Brookman, to suspend the rules to permit public input. Motion declared carried. Mr. Carmen Sarlo, 3051 Scott Street, addressed the City Council stating that these lots have the right square footage; we have smaller lots because we permit splitting lots; they should be permitted to build on these lots. The builder for this project addressed the City Council stating that adjacent properties do not have big backyards. Alderman Beauvais stated that she can appreciate what the builder is trying to do, but this could destroy an entire neighborhood when you split these lots. The co-owners of the property addressed the City Council stating that their lots have more yard than the house to the west of this property; they have less green space than we do; the storm sewer they are going to put in will help the neighborhood; the Plan Commission approved this request. Moved by Smith, seconded by Brookman, to RECONSIDER motion made earlier to DENY recommendation of Des Plaines Plan Commission to approve 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; and Mayor and City Clerk be authorized to execute same. Motion declared carried. FINAL PLAT (Cont'd.) TRAFFIC RESTRICTION/ WILKINS AT BRADLEY: Ordinance T-6-01 Ordinance T-7-01 ORDINANCE M-48-01 HOTEL- MOTEL TAX: PAGE NINE 072 10/1/01 Moved by Murphy, seconded by Sayad, to TABLE until October 15, 2001, the motion to DENY recommendation of the Des Plaines Plan Commission to approve Final 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; and Mayor and City Clerk be authorized to execute same. Motion declared carried (further action on this matter under Committee of the Whole on October 15, 2001). Moved by Sayad, seconded by Murphy, to RESCIND request that City Attorney be authorized to draft necessary ordinance making Wilkins Drive a stop street at Bradley Street and Ordinance T-6-01 be voided. Motion declared carried. Moved by Sayad, seconded by Brookman, that Wilkins Drive yield right of way at Bradley Street, going south; and place on First Reading Ordinance T-7-01. Motion declared carried. Moved by Sayad, seconded by Christiansen, to advance to Second Reading and adopt Ordinance T-7-01, AN ORDINANCE AMENDING TITLE X, "TRAFFIC," CHAPTER 7, "THROUGH AND STOP STREETS," SECTION 4, "YIELD RIGHT OF WAY," IN THE CITY CODE OF THE CITY OF DES PLAINES. 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 Sayad, seconded by Christiansen, to amend Ordinance M-48-01 to decrease the proposed Hotel-Motel Tax from 6% to 5%, effective November 1, 2001. Moved by Becker, seconded by Murphy, to suspend the rules to permit public input. Motion declared carried. Mr. Ken Barker, General Manager, Comfort Inn-O'Hare, 2175 Touhy Avenue, Des Plaines, addressed the City Council stating that he is very concerned about any tax increase in the City; he knows he can pass this increase on to his customers, but the lower tax gives them an advantage; business is very bad; even 1% is not good; please do not increase the hotel-motel tax. Alderman Brookman stated that she will be voting no on all the proposed tax increases on the agenda; she is not convinced that we need to raise taxes now; we need to look at the budget; if after that we have a legitimate short-fall, we can raise taxes. Alderman Beauvais stated that the City has spent a lot of money over the last few years for the benefit of residents, but we need money to run the City; these tax increases are necessary. Mr. Ted Sherwood, 675 Pearson Street, addressed the City Council stating that the City has $6.5 million in the General Fund; that is pretty healthy; we had enough money to give every City employee a raise; costs should be cut; he doesn't think there should be a tax increase of any kind. Upon roll call on the original motion, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus NAYS: 3-Murphy, Brookman, Smith ABSENT: 0-None Motion declared carried. HOTEL-MOTEL (Cont'd.) ORDINANCE M-49-01 PACKAGE LIQ. TAX: ORDINANCE M-50-01 FOOD &: BEVERAGE TAX: 9-1-1 INTERGOV. AGREEMENT/ MORTON GROVE, NILES, PARK RIDGE: Resolution R-76-01 PAGE TEN 073 10/1/01 Moved by Sayad, seconded by Becker, to adopt Ordinance M-48-01 1-AS AMENDED, AN ORDINANCE AMENDING TITLE V, "BUSINESS" CHAPTER 47, "HOTEL-MOTEL OPERATOR'S OCCUPATION TAX," SECTION 3, "RATE; EXEMPTION" TO AMEND THE FEES. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus NAYS: 3-Murphy, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Argus, to TABLE the Second Reading of 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. Moved by Sayad, seconded by Argus, to adopt Ordinance M- 50-01, AN ORDINANCE ADDING A NEW CHAPTER 57 "FOOD AND BEVERAGE TAX" TO TITLE v I "BUSINESS REGULATIONS II IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND ADMINISTERED TAXES OF THE CITY OF DES PLAINES, ILLINOIS. A resident at 1404 Campbell Avenue addressed the City Council stating that he has a small catering business that has gone down; people are being singled out with these taxes; it is unfair; we should spend our money wisely; we have no bookings for Christmas; please have mercy on the food businesses. Mr. Robert Chapman, Chateau Rand Banquets, 900 Rand Road, addressed the City Council, stating that it is very hard to compete in the market right now; the tax increase would be a disadvantage to us because people shop around for the best deal; how can you raise taxes when you haven't gone through the budget. Mayor Arredia stated that a memo will be sent to the aldermen within a few days with a breakdown of the City's financial situation. Moved by Christiansen, seconded by Murphy, to adopt a substitute motion to TABLE until November 19, 2001, the Second Reading of Ordinance M-50-01. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus NAYS: 1-Becker ABSENT: 0-None Motion declared carried (further action on this matter under Committee of the Whole on November 19, 2001). Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole that Mayor and City Clerk be authorized to execute intergovernmental agreement with Morton Grove, Niles and Park Ridge, for the joint and mutual operation of a 9-1-1 emergency telephone answering system and police dispatching system; and adopt Resolution R-76-01, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A PUBLIC SAFETY COMMUNICATIONS SERVICE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES PLAINES, THE VILLAGE OF MORTON GROVE, AND THE VILLAGE OF NILES, AND THE CITY OF PARK RIDGE. 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. WARRANT REGISTER: Resolution R-77-01 SUBDIVISION FEES: FENCING AROUND CONSTRUCTION SITES: soc PAYMENT: RECONSIDER- ATION WAIVE PERMIT FEES/ 1440 WHITCOMB: 074 10/1/01 PAGE ELEVEN Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-77-01, 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: $2,147,563.24. 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 Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to make the following changes to the subdivision fees: Filing fee for each subdivision One acre or less -$250 plus $3 per lot More than 1 acre but less than 5 -300 plus $3 per lot More than 5 acres but less than 10 -350 plus $3 per lot More than 10 acres but less than 20-500 plus $3 per lot More than 20 acres -650 plus $3 per lot Application fee for each vacation -$250 PLUS $800 cash deposit* * applicant shall pay any additional amount over $800; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on October 15, 2001). Moved by Murphy, seconded by Sayad, to concur with recommendation of Committee of the Whole to TABLE until November 19, 2001, further discussion on fencing around construction sites and Staff be authorized to rewrite the proposed ordinance to include the comments and suggestions made this evening. Motion declared carried (further action on this matter under Committee of the Whole on November 19, 2001). Moved by Beauvais, seconded by Becker, to reconsider vote taken on September 17, 2001, to concur with the 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. Motion declared carried. Aldermen Christiansen, Brookman, Smith voted no. Moved by Beauvais, seconded by Sayad, to TABLE the motion to concur with the recommendation of the 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. Motion declared carried. Aldermen Christiansen, Brookman and Smith voted no. Moved by Christiansen, seconded by Argus, to grant request from Make-A-Wish Foundation of Northern Illinois, 640 N. LaSalle Street, Suite 280, Chicago, IL 60610, that all permit fees (estimated at $675) be waived for construction of combination sensory/sun room for a 8-year old Des Plaines resident, 1440 Whitcomb Avenue. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. - 075 10/1/01 PAGE TWELVE ADJOURNMENT: Moved by Christiansen, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:33 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS DAYOF ~ , Anth~YOR 2001