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10-15-2001076 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 15, 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, October lS, 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 in Executive Session at 6:38 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, FPB Division Commander Schuman, Director of Public Works Killian, City Engineer Oakley, Acting Director of Community Development Molinari, Assistant City Attorney Bartel, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: VACATION/ SOUTH HALF OF ESSER COURT: CONSENT AGENDA: Moved by Becker, seconded by Sayad, to go into Executive Session to discuss probable litigation, acquisition of real property and personnel. 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 7:10 p.m. Roll call Beauvais, Argus. indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. The Self-Help Closet & Pantry of Des Plaines Executive Director Joan Hagenson gave a brief update of the organization's service to the community, and asked residents to participate in "Stock the Pantry Day" on Saturday, November 3, 2001; donations may be dropped off at the Pantry's location, 600 E. Algonquin Road. Moved by Becker, seconded by Beauvais, to concur with consensus in Executive Session that further discussion on the request to vacate the south half of Esser Court Right-Of-Way be TABLED until November S, 2001. Motion declared carried. Alderman Christiansen requested that Items s, Sa and 17 be removed from the Consent Agenda; Alderman Murphy requested that Items 12, lS and 16 be removed; and City Clerk McAllister requested that Item 23 be removed. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items s, Sa, 12, lS, 16, 17 and 23. Motion declared carried. Moved by Becker, seconded by Argus, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Minutes were approved; Staff CON. AGENDA (Cont'd.) MINUTES: Consent Agenda TIF PROJECT AREA #6: Consent Agenda Ordinances M-57-01 M-58-01 M-59-01 PROHIBIT USE OF DRUG PARAPHERNA.: Consent Agenda Ordinance M-60-01 PROHIBIT DEFACEMENT OF PROPERTY: Consent Agenda Ordinance M-61-01 LIQ. LIC./ 933 E. OAKTON: Ordinance M-62-01 PAGE TWO 077 10/15/01 recommendations and requests were approved; Ordinances M-52-01, M-53-01, M-54-01, M-55-01 and T-5-01 were adopted; and Ordinances M-57-01, M-58-01, M-59-01, M-60- 01, M-61-01, M-63-01, M-64-01 and T-8-01 were placed on First Reading. Moved by Becker, seconded by Argus, to approve minutes of the regular meeting of the City Council held October 1, 2001, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to approve the establishment of a Tax Increment Financing (TIF) District, TIF #6, for the area bounded by Higgins Road, Mannheim Road and Greco Avenue; adopt TIF Financing for Project Area #6; designating the Higgins-Mannheim Roads area as TIF Area #6; and further recommend to place on First Reading: Ordinance M-57-01, AN ORDINANCE OF THE CITY OF DES PLAINES I COOK COUNTY I ILLINOIS I APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT FOR THE MANNHEIM/HIGGINS REDEVELOPMENT PROJECT AREA; Ordinance M-58-01, AN ORDINANCE OF THE CITY OF DES PLAINES I COOK COUNTY I ILLINOIS I DESIGNATING THE MANNHEIM/HIGGINS REDEVELOPMENT PROJECT AREA OF SAID CITY A REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT, AS AMENDED; and Ordinance M-59-01, AN ORDINANCE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, ADOPTING TAX INCREMENT ALLOCATION FINANCING FOR THE MANNHEIM/HIGGINS REDEVELOPMENT PROJECT AREA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to amend Title VI, Chapter 1, Section 6-1- 59 -"Public Display and Sale of Drug Paraphernalia to Minors" of the City Code, to delete the word "minors" and make it unlawful for anyone to publicly display, possess or sell drug paraphernalia; and further recommend to place on First Reading Ordinance M-60-01, AN ORDINANCE AMENDING TITLE VI, "POLICE REGULATIONS" CHAPTER 1, "GENERAL OFFENSES" CHAPTER 59, "PUBLIC DISPLAY AND SALE OF DRUG PARAPHERNALIA TO MINORS" TO ADD A NEW SUBSECTION "D." Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to amend Title VI, Chapter 1, Section 6-1- 41 -"Malicious Injury to or Destruction of Property" of the City Code, to add it shall be unlawful for anyone to possess spray paint, markers or any device that could be used in the defacement of property; and further recommend to place on First Reading Ordinance M-61-01, AN ORDINANCE AMENDING TITLE VI, "POLICE REGULATIONS" CHAPTER 1, "GENERAL OFFENSES" CHAPTER 41, "MALICIOUS INJURY TO OR DESTRUCTION OF PROPERTY" TO ADD NEW LANGUAGE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to amend Title V, Chapter 34 "Intoxicating Liquors," Section 5-34-18, of the City Code to add a new Class E Restaurant and Dining Room Liquor License for property located at 933 E. Oakton Street, d/b/a Allegretti's; contingent upon verification of fingerprints and criminal background investigation; and further recommend to place on First Reading Ordinance M- 62 -0 l, AN ORDINANCE AMENDING TITLE V, "LICENSES" CHAPTER 34 "INTOXICATING LIQUORS" SECTION 18, LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE LIQ. LIC. (Cont'd.) LICENSE AGREEMENT/ 543 LINCOLN AVE.: Consent Agenda Ordinance M-63-01 TRAFFIC RESTRICTION/ LAUREL AVE. AT NORTHWEST HIGHWAY: Consent Agenda Ordinance T-8-01 RECODIFICA./ POLICE DEPT. : Consent Agenda CHANGES TO APPROVED RECODIFICA./ 9-1-1: Consent Agenda RECODIFICA./ ENGINEERING DEPARTMENT: Consent Agenda DRIVEWAY VARIATION/ 474 PINEHURST: Consent Agenda DRIVEWAY VARIATION/ 111 E. MILLERS: PAGE THREE 078 10/15/01 THE NUMBER OF CLASS "E" LIQUOR LICENSES BY ONE TO ADD ALLEGRETTI' S LOCATED AT 933 E. OAKTON STREET IN DES PLAINES, ILLINOIS. Motion declared carried. Moved by Becker, seconded by Argus, 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 543 Lincoln Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-63-01, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH MARIO GAMBINO, AGENT FOR PROPERTY OWNER MICHAEL CHRISTIE, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 543 LINCOLN AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to amend Title X, Chapter 6, Section 10-6- 23 -"Obedience to No-Turn Signs and Turning Markers" of the City Code, to make it unlawful for anyone to turn any vehicle left from southbound Laurel Avenue onto Northwest Highway; and further recommend to place on First Reading Ordinance T-8-01, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 6 I "MISCELLANEOUS DRIVING RULES II SECTION 23, "OBEDIENCE TO NO-TURN SIGNS AND TURNING MARKERS" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to approve changes to the City Code pertaining to the Police Department as recommended by the former Public Safety Committee (Becker, Beauvais, Christiansen) ; and these approved changes be held until the entire recodification is complete. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to approve proposed "housekeeping" changes to the changes to the City Code that were approved on May 7, 2001, relating to the Emergency Telephone Answering System 9-1-1, as approved by the Public Safety Committee (Beauvais, Becker, Murphy); and these approved "housekeeping" changes be held until the entire recodification is complete. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to approve proposed changes to the City Code pertaining to the Engineering Department as recommended by the Engineering Committee (Christiansen, Sayad, Becker) ; and these approved changes be held until the entire recodification is complete. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of driveway from existing width of 12' to 18' in the front yard of property located at 474 Pinehurst Drive; contingent upon the driveway approach lining up with the driveway at the petitioner's property line. Motion declared carried as approved unanimously under Consent Agenda. Acting Director of Community Development Molinari reviewed his memo of September 21, 2OO1, regarding request for driveway variation to permit a driveway width of 23' from permitted width of 18' at the property line. MILLERS (Cont / d.) DRIVEWAY VARIATION/ 1785 MAPLE: Consent Agenda DRIVEWAY VARIATION/ 1110 s. WOLF ROAD: Consent Agenda DRIVEWAY VARIATION/ 51 N. WARRINGTON: 2001 HOLIDAY DECORATIONS: PAGE FOUR 079 10/15/01 The Staff is recommending against granting this request because there is no precedent for permitting a driveway this wide in the area. Alderman Sayad stated that he provided Staff with addresses where driveways are beyond the 18 1 width. Alderman Becker questioned whether a camper would be parked on this widened driveway. The petitioner said no. Moved by Sayad, seconded by Becker, to GRANT request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of driveway from existing width of 18 / to 23 / (Code prohibits driveways with widths greater than 18 / at the property line) , in the front yard of property located at 111 E. Millers Road. Upon roll call, the vote was: AYES: 3-Beauvais, Sayad, Becker NAYS: 4-Christiansen, Murphy, Smith, Argus ABSENT: 1-Brookman Motion declared failed. Moved by Becker, seconded by Argus, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of driveway from existing width of 9 1 to 16.58 1 in the front yard of property located at 1785 Maple Street i contingent upon the driveway approach lining up with the driveway at the petitioner 1 s property line. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of driveway from existing width of 9.5 1 to 17 1 , in the front yard of property located at 1110 S. Wolf Road; contingent upon the driveway approach lining up with the driveway at the petitioner 1 s property line. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Christiansen, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of driveway from existing width of 18.25 1 to 21. 25 1 at a point beginning approximately 59. 5 1 back from the property line, on property located at 51 N. Warrington Road. Motion declared carried. Alderman Murphy stated that she supports holiday decorations but the City should hold back this year with all that is going on right now. Alderman Christiansen stated that decorations for poles along Oakton Street are included in this requesti the poles are now electrif iedi we are finally doing something on Oakton Streeti we should do this. Alderman Becker stated that these additional decorations will be owned by the City so there will now only be an installation charge; we are expanding our decorations every year; this company will be donating a 20 1 tree. Moved by Murphy, seconded by Argus, to accept second year renewal contract with Four Seasons Display, Inc., 1510 Morgan Trail, McHenry, IL 60050 (bid approved by the City Council on July 10, 2000 in the amount of $23,126), for 2OO1 Holiday Decorations in the second year renewal amoun of $23,653.50/TIF Funds. DECORATIONS (Cont'd.) APPOINTMENT: ORDINANCE M-64-01 SUBDIVIS. FEES: Consent Agenda ORDINANCE M-52-01 LIC. AGREE./ 651 CASTLEREA: Consent Agenda ORDINANCE M-53-01 LIC. AGREE./ 655 CASTLEREA: Consent Agenda ORDINANCE M-54-01 LIC. AGREE./ 661 CASTLEREA: Consent Agenda PAGE FIVE 080 10/15/01 Moved by Becker, seconded by Christiansen, to adopt a substitute motion to concur with Staff recommendation to accept second year renewal contract with Four Seasons Display, Inc., 1510 Morgan Trail, McHenry, IL 60050 (bid approved by the City Council on July 10, 2000 in the amount of $23,126), for 2001 Holiday Decorations in the second year renewal amount of $23, 653. 50; AND grant request for additional funds to purchase additional street light pole decorations in the amount of $10,140, plus $5,620 for invitations, refreshment material, carriage rides, school donations, miscellaneous items; for a total amount of $39,413.50; and further recommend that as much of this cost as possible be paid from TIF Funds with the balance from KDPB Budget and General Fund. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Becker, Argus, Arredia NAYS: 3-Murphy, Sayad, Smith ABSENT: 1-Brookman Motion declared carried. Moved by Christiansen, seconded by Smith, to TABLE until the Executive Session on November 5, 2001, the matter of the appointment of Craig Westfall to the Youth Commission. Motion declared failed. Aldermen Christiansen and Smith voted yes. Moved by Christiansen, seconded by Argus, to approve Mayoral appointment of Craig Westfall to the YOUTH COMMISSION, term to expire December 1, 2002. Motion declared carried. Moved by Becker, seconded by Argus, to place on First Reading Ordinance M-64-01, AN ORDINANCE AMENDING TITLE IX, "PUBLIC WAYS AND PROPERTY REGULATIONS" CHAPTER 12, "SUBDIVISION REGULATIONS" SECTION 18, "FEES" TO INCREASE FILING FEES FOR SUBDIVISION REQUESTS AND CHAPTER 16, "PROCEDURE FOR VACATION OF PUBLIC STREETS AND ALLEYS" SECTION 3, "APPLICATION" TO INCREASE VACATION FILING FEES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to adopt 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 Argus, to adopt 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 Argus, to adopt 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. ORDINANCE M-55-01 LIC. AGREE./ 651 MIDDLETON: Consent Agenda ORDINANCE M-56-01 CITY VEH./ PUBLIC AUCTION: ORDINANCE T-5-01 SKATEBOARD RESTRIC.: Consent Agenda ORDINANCE M-57-01 APPROVE TIF PROJECT AREA #6: ORDINANCE M-58-01 DESIGNATING MANNHEIM- HIGGINS AREA AS TIF #6: ORDINANCE M-59-01 TIF FINANCING FOR PROJECT AREA #6: 081 10/15/01 PAGE SIX Moved by Becker, seconded by Argus, to adopt 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 Christiansen, seconded by Murphy, to amend Ordinance M-56-01, to change the sponsoring agency from Northwest Municipal Conference to West Central Municipal Conference for the Surplus Vehicle and Equipment Auction; change the location to Triton College Building "I" at 10:00 a.m. on Saturday, October 27, 2001; and add two more police vehicles to the auction inventory for a total of 22 vehicles. Motion declared carried. Moved by Christiansen, seconded by Sayad, to adopt Ordinance M-56-01 -AS AMENDED, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Argus, to adopt Ordinance T-5-01, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 6, "MISCELLANEOUS DRIVING RULES" SECTION 8, "USE OF COASTERS, ROLLER SKATES, 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 Sayad, to advance to Second Reading and adopt Ordinance M-57-01, AN ORDINANCE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT FOR THE MANNHEIM/HIGGINS REDEVELOPMENT PROJECT AREA. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-58-01, AN ORDINANCE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, DESIGNATING THE MANNHEIM/HIGGINS REDEVELOPMENT PROJECT AREA OF SAID CITY A REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT, AS AMENDED. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-59-01, AN ORDINANCE OF THE CITY OF DES PLAINES I COOK COUNTY I ILLINOIS I ADOPTING TAX INCREMENT ALLOCATION FINANCING FOR THE MANNHEIM/HIGGINS REDEVELOPMENT PROJECT AREA. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. ORDINANCE M-62-01 LIQ. LIC./ 933 E. OAKTON: ORDINANCE T-8-01 TRAFFIC RESTRICTION/ LAUREL AVE. AT NORTHWEST HIGHWAY: DEPUTY FIRE CHIEF POSITIONS: NEW LIBRARY/ SEMI-FINAL PAYOUT: WARRANT REGISTER: RENTAL UNIT FEE: PAGE SEVEN 082 10/15/01 Moved by Smith, seconded by Argus, to advance to Second Reading and adopt Ordinance M-62-01, AN ORDINANCE AMENDING TITLE V, "LICENSES" CHAPTER 34 "INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE NUMBER OF CLASS "E" LIQUOR LICENSES BY ONE TO ADD ALLEGRETTI' S LOCATED AT 93 3 E. OAKTON STREET IN DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance T-8-01, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 6, "MISCELLANEOUS DRIVING RULES" SECTION 23, "OBEDIENCE TO NO-TURN SIGNS AND TURNING MARKERS" OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Beauvais, seconded by Becker, to concur with majority agreement in Executive Session that the City Attorney be authorized to draft the necessary ordinance to create a new Step (D) to be added to the Deputy Fire Chief salary range in Schedule I-B of the City Code. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried (further action under Unfinished Business on November 5, 2001). Moved by Argus, seconded by Smith, to concur with majority agreement in Executive Session to approve payment of the semi-final payout in the amount of $172,695, for the new Library, 1501 Ellinwood Street. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the October 15, 2001 - Warrant Register, in the total amount of $3,770,739.60; and further recommend that Resolution R-80-01 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Egeberg reviewed his memo of October 4, 2001, in which he recommends that the Rental Unit Fee be increased from the current fee of $11 per rental unit (established in 1994) to a new fee of $20 per rental unit. RENTAL FEE (Cont'd.) FINAL PLAT/ 1022-1030 NORTH AVE.: ZONING CASE 01-27-A MAP AMEND./ 1100 NORTHWEST HIGHWAY: PAGE EIGHT 083 10/15/01 A representative of the Northwest Association of Realtors addressed the Committee of the Whole stating that his organization is opposed to this increase; it is unreasonably steep and unfair; a more moderate increase would be more fair; more money will be spent on taxes than on property maintenance; an 80% increase is unwarranted and excessive. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation and recommend to the City Council that the City Attorney be authorized to draft the necessary ordinance to increase the current Rental Unit Fee of $11 to $20. Motion declared carried. COMMUNITY DEVELOPMENT Alderman Becker, Chair Moved by Murphy, seconded by Sayad, to remove the matter tabled on June 4, 2001 regarding approval of Final Plat for Des Plaines Land Trust Resubdivision, 1022-1030 North Avenue. Motion declared carried. Alderman Murphy stated that the petitioner has been working with the neighbors on various issues, i.e. traffic, lights, noise, and their concerns have been satisfied. Moved by Murphy, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission and Staff, and recommend to the City Council, to approve Final Plat for Des Plaines Land Trust Resubdivision, 1022-1030 North Avenue (between First Avenue and Second Avenue); and Mayor and City Clerk be authorized to execute same. Motion declared carried. Acting Director of Community Development Molinari reviewed his memo of September 21, 2001, regarding request for a Map Amendment to rezone property located at 1100 Northwest Highway from M-2 General Manufacturing District to R-4 Central Core Residential District; both the Des Plaines Plan Commission and Staff recommends in favor of the Map Amendment. Acting Director Molinari stated that the only issue being considered tonight is the request for rezoning and not the proposed project. Alderman Beauvais stated that she is totally against this development; she does not feel that this property's best use is multi-family; the train noise and vibration in this areas is excessive; we need to look at other options. Alderman Christiansen stated that he is opposed to this rezoning also; we should encourage developers to stay within the present zoning for properties. Alderman Murphy stated that this is not an appropriate use of this property; she is against this change. Alderman Sayad stated that he would like to see some retail on this property; he will not be supporting this request. Alderman Argus stated that she is not opposed to this request; she likes the idea of putting this property on the tax rolls; she would like to see what is going to happen to the proposed transfer station for this property. Mr. John Thomas, Newport Builders, Inc., the contract purchase of this property, addressed the Commit tee of the Whole stating that the Comprehensive Plan calls for this N.W. HIGHWAY (Cont / d.) FINAL PLAT/ JS &: J SUBDIVISION, CURTIS AND PRATT: TABLED MOTION PAGE NINE 084 10/15/01 property to be developed multi-family; it would have a positive affect on the surrounding properties; he respectively requested that this property be rezoned. Mr. Roy Merkley, 1243 Washington Street, addressed the Committee of the Whole stating that the City should get rid of the building on that property right away; his house doesn't shake; the noise doesn't bother him. Mr. Jack Cavalenes, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the Committee of the Whole stating that he wished he could have heard this kind of argument against the Riviera Project a few months ago; people don / t want any more condos. Mr. Mike Wenkus, owner of the property, addressed the Committee of the Whole stating that it is easy to say that we should put up something else on this property, but the shape and the nature of the area does not lend itself to a commercial area; he has to move; he has tried to interest people in this property. A resident at 1325 Perry Street, addressed the Committee of the Whole stating that he is against building condos on this property; condos are going up everywhere in this area; parking is a problem. Moved by Beauvais, seconded by Christiansen, to recommend to the City Council to DENY request, re Zoning Case 01- 17-A, for a Map Amendment to rezone property located at 1100 Northwest Highway from M-2 General Manufacturing District to R-4 Central Core Residential District . Motion declared carried. Aldermen Smith and Argus voted no. There is a motion on the floor - -Moved by Becker, seconded by Beauvais, to deny recommendation of the Des Plaines Plan Commission and Staff 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. This motion was TABLED to this date on October 1, 2001. Petitioners, Joe Dziadkowiec, Steve Lenart and Joe Lenart addressed the Committee of the Whole stating that they were told by the Staff that they could build three (3) homes on this property; the Des Plaines Plan Commission approved the lot sizes; no one told them that the City Council had the final decision. Alderman Christiansen stated that he is totally against this request; no one is questioning the quality of their work; congestion will be caused by this development. The petitioners filed a petition with the City Clerk from residents in the area stating that the three (3) houses should be allowed on this property Alderman Sayad stated that someone should have indicated to the petitioners what needed to be done; the City neglected to tell these people what the proper procedure is. Alderman Murphy stated that she is sorry that the petitioners were given misinformation, but she cannot approve building on these sized lots. Mr. Carmen Sarlo, 3051 Scott Street, addressed the Committee of the Whole stating that this lot is larger than what is required to build on. FINAL PLAT (Cont'd.) ABOVE- GROUND FUEL STORAGE TANKS: DISPOSITION/ 841 GRACELAND (OLD LIBR.): PAGE TEN 085 10/15/01 Moved by Smith, seconded by Beauvais, to adopt a substitute motion to concur with recommendation of the Des Plaines Plan Commission and Staff 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 failed. Aldermen Christiansen, Murphy, Sayad and Argus voted no. Aldermen Beauvais, Becker and Smith voted yes. Motion declared carried to deny. Both Aldermen Christiansen and Becker recommended that the procedure be reviewed so this confusion won't happen again. PUBLIC SAFETY Alderman Beauvais, Chair Fire Chief Farinella and Fire Prevention Bureau Division Commander Schuman reviewed their memo of October 4, 2001, regarding the requests they have received for aboveground fuel storage tanks; the City currently has approximately ten (10) aboveground fuel storage tanks; they do not afford the same level of fire protection as underground tanks, however, due to costs of installing and maintaining underground tanks, more and more fleet owners will want to install ASTs for their fuel supply. The Fire Department is recommending that if the City continues to allow aboveground fuel storage tanks, they adopt NFPA 30 Flammable and Combustible Liquids Code-2000 Edition and NFPA 30A Motor Fuel Dispensing Facilities and Repair Garages-2000 Edition. Alderman Beauvais stated that she is concerned about maintenance and appearance issues. Alderman Sayad stated that he will be opposing aboveground storage tanks because of hazard. Alderman Smith stated that he doesn't have a problem with aboveground storage tanks as long as the Fire Department has no conflict with it. Moved by Sayad, seconded by Murphy, to recommend to the City Council that the City Attorney be authorized to draft necessary ordinance to prohibit installation of aboveground storage tanks for the dispensing of flammable and combustible liquids. Motion declared carried. Aldermen Christiansen and Smith voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith, seconded by Beauvais, to concur with recommendation of Committee of the Whole held October 3, 2001, that City retain ownership of 841 Graceland Avenue (old Library); and Staff be authorized to actively pursue funding for a new Police Station at this location. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. WARRANT REGISTER: Resolution R-80-01 RENTAL UNIT FEE: FINAL PLAT/ 1022-1030 NORTH AVE.: ZONING CASE 01-27-A MAP AMEND./ 1100 NORTHWEST HIGHWAY: FINAL PLAT/ JS & J SUBDIVISION, CURTIS AND PRATT: ABOVE- GROUND FUEL STORAGE TANKS: AFSCME UNION PETITION: CHANGE BID DATE/VIDEO EQUIPMENT: PAGE ELEVEN 086 10/15/01 Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-80-01, 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: $3,770,739.60. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole that City Attorney be authorized to draft necessary ordinance to increase the current Rental Unit Fee from $11 to $20. Motion declared carried (further action on this matter under Consent Agenda on November 5, 2001). Moved by Sayad, seconded by Murphy, to concur with recommendation of Committee of the Whole to approve Final Plat for Des Plaines Land Trust Resubdivision, 1022-1030 North Avenue (between First Avenue and Second Avenue); and Mayor and City Clerk be authorized to execute same . Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to DENY request, re Zoning Case 01-17-A, for a Map Amendment to rezone property located at 1100 Northwest Highway from M-2 General Manufacturing District to R-4 Central Core Residential District. Motion declared carried. Aldermen Smith and Argus voted no. Moved by Murphy, seconded by Christiansen, to concur with recommendation of Committee of the Whole to DENY recommendation of the Des Plaines Plan Commission and Staff to approve Final Plat and Subdivision Variation to allow the depth of all three (3) lots to be only 103 1 instead of the required 125' for JS & J First Addition Subdivision, southwest corner of Curtis Street and Pratt Avenue. Moved by Becker, seconded by Smith, that this matter be DEFERRED until November 5, 2001. Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole that the City Attorney be authorized to draft necessary ordinance to prohibit installation of aboveground storage tanks for the dispensing of flammable and combustible liquids. Motion declared carried. Aldermen Christiansen and Smith voted no. Moved by Beauvais, seconded by Christiansen, that any pending applications to permit an aboveground fuel storage tank be approved. Motion declared carried. Alderman Smith voted no. Mayor Arredia referred to Staff for review and report the petition received in the City Clerk's Office on October 5, 2001, requesting that the Chain of Command language from the City Code, Section 1-24-7, be included in the AFSCME Local 3891's current contract as an amendment. City Clerk McAllister announced that the bid return date for Purchase and Installation of New Video Equipment for cable control room has been changed from October 19, 2001 to 3:00 p.m., Wednesday, October 24, 2001. PURCHASE OF TEST. EQP./ FIRE DEPT.: ADJOURNMENT: PAGE TWELVE 087 10/15/01 Moved by Becker, seconded by Smith, that Staff be authorized to purchase one (1) Guardian BTA Biohazard Reader for the Fire Department to detect the presence of eight (8) biohazards including anthrax, small pox and botulism, from Alexeter Technologies, 830 Seton Court, Wheeling, IL 60090, in the total amount of $8,165/General Fund. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman, Motion declared carried. Moved by Beauvais, seconded by Becker, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:50 p.m. Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS --~<;? ______ _ DAYOF ~~ , ~ // 2001