11-05-2001088
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY,
NOVEMBER 5, 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,
November 5, 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 6:33 p.m. and
Alderman Brookman arrived in Executive Session at 6:36
p.m.
Also present were: City Manager Miller, Assistant 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:
PRESENTATION:
Moved by Becker, seconded by Smith, to go into Executive
Session to discuss probable litigation, acquisition of
real property and setting price for sale or lease of City
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 7:06 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
The opening prayer was given by Paster James Hargelroad,
First Presbyterian Church.
Ten year old, Elle Gerdes, a student at the Fierke
Educational Center, sang the National Anthem and God
Bless America, followed by the Pledge of Allegiance to
the Flag.
Fire Chief Farinella, Deputy Fire Chiefs Heavey and
Pratt, and FPB Division Commander Schuman presented to
the City a framed picture of "ground zero" in New York
commemorating September 11, 2001. Mayor Arredia
gratefully accepted the picture and said it would hang
with pride in City Hall.
FPB Division Commander Schuman presented a plaque of
appreciation to Rebecca Valenta, a young Des Plaines
resident, for her assistance in providing fire
extinguishers to her neighbors when a fire erupted in
their house; Rebecca's quick response prevented a
relatively small fire from becoming a large and tragic
loss. Rebecca was also presented with fire extinguishers
to replace the ones she gave to her neighbors.
Mayor Arredia introduced Tony Garcia representing the
Hispanic Community whose annual celebration was canceled
in September because of the terrorist attack; it will be
held next year. Mr. Garcia presented a certificate of
appreciation to Nancy Chavez, director of the Mexican
PRESENTATIONS
(Cont'd.)
RECOGNITION:
CITIZEN
PARTICIPA.:
PROBABLE
LITIGATION/
DiPAOLO
COMPANY
VACATION/
SOUTH HALF
OF ESSER
COURT:
LAND ACQUIS./
PROSPECT &
LEE FOR NEW
FIRE STA.:
Ordinance
M-71-01
089
11/5/01
PAGE TWO
Folklore Dance Group Sol Asteca for their contribution
to the Hispanic community and to the City festivities at
which they perform.
Mayor Arredia recognized Police Officer Benjamin Ruzicka,
Star #425, for coming to the aid of a resident that was
panicked by water running out of her circuit breaker box
during a recent heavy rain storm; he went down into the
basement which had at least 6 11 of water, putting himself
in harm's way, made some temporary repairs, calmed the
resident and instructed her to call a plumber.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council and welcomed Mr. Scott Miller to the City as the
new City Manager; he thanked the five aldermen who voted
to not allocate $250,000 to the Suburban O'Hare
Commission (SOC) ; the residents appreciate what you did;
only four (4) of the 110 people at Alderman Beauvais'
recent Ward meeting supported the funding and only two
(2) people at Alderman Sayad's meeting said they wanted
the money to go to SOC; he commended the aldermen for
their decision.
Mr. Phil Fetzer, 1155 E. Walnut Avenue, addressed the
City Council to thank Alderman Christiansen and Mayor
Arredia for their assistance in obtaining the occupancy
permit and bond refund for his property at 1634 Forest
Avenue so that his sister can live in this house for the
rest of her life.
Moved by Christiansen, seconded by Becker, to concur with
consensus in Executive Session that a pre-final payment
be paid to DiPaolo Company, 4350 DiPaolo Center,
Glenview, IL 60025, contractor for the Riverview Avenue
Sewer Project, in the amount of $207,907.07, which
includes the $12,676.34 allowance for earth excavation;
that no payment be made until DiPaolo Company shows proof
to the City that they have paid their sub-contractor, L.
J. Keefe, who has filed a lien in the amount of $30,900;
and $5,799.75 be held until sod restoration is
satisfactorily completed. 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 Murphy, seconded by Argus, to concur with
majority agreement in Executive Session that Staff be
authorized to proceed as directed. Upon roll call, the
vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Smith, Argus
NAYS: 1-Becker
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Christiansen, to concur
with majority agreement in Executive Session to authorize
the acquisition of property located at Prospect Lane and
Lee Street by condemnation or otherwise, for the public
purpose of locating Fire Station No. 2; authorize City's
land acquisition and condemnation attorney, Ryan & Ryan,
33 N. Dearborn Street, Suite 402, Chicago, IL 60602, to
use, if necessary, another legal firm to aid them with
this project; and place on First Reading Ordinance M-71-
01, AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY
BY CONDEMNATION OR OTHERWISE FOR THE PUBLIC PURPOSE OF
LOCATING FIRE STATION NO. 2 IN THE CITY OF DES PLAINES.
Upon roll call, the vote was:
M-71-01
(Cont'd.)
FINAL PLAT &:
VARIATION/
JS &: J
SUBDIVISION
CURTIS AND
PRATT:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
AMENDMENTS/
FIRE &: POLICE
COMM. RULES:
Consent
Agenda
Ordinance
M-65-01
PARK OWNER.
TRANSFER/
D.P. PARK
DISTRICT:
Consent
Agenda
Ordinance
M-66-01
PAGE THREE
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
090
11/5/01
Moved by Becker, seconded by Sayad, to TABLE until
November 19, 2001, the motion deferred on October 15,
2001, regarding the Final Plat and Subdivision Variation
for JS & J First Addition Subdivision, southwest corner
of Curtis Street and Pratt Avenue, scheduled to be
discussed this evening under Unfinished Business.
City Clerk McAllister requested that Items 6 and 6a be
removed from the Consent Agenda; Alderman Beauvais
requested that Items 10 and lOa be removed; and Alderman
Brookman requested that Items 11, lla, llb, 18 and 20 be
removed.
Moved by Beauvais, seconded by Becker, to establish a
Consent Agenda except for Items 6, 6a, 10, lOa, 11, lla,
llb, 18 and 20. Motion declared carried.
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-60-01, M-61-01, M-63-01 and M-64-04 were adopted;
Ordinances M-65-01, M-66-01, M-67-01, Z-18-01 and Z-19-01
were placed on First Reading; and Resolutions R-81-01,
R-85-01, R-86-01, R-87-01 and R-88-01 were adopted.
Moved by Sayad, seconded by Argus, to approve minutes of
the regular meeting of the City Council held October 15,
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 October
15, 2001. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to approve various amendments to the Rules
and Regulations of the Board of Fire & Police
Commissioners (adopted by the City Council on January 24,
2000 -Ordinance M-2-00), regarding the implementation
of an accelerated entry program for applicants; adjust
the standards of the entry requirements for the Police
Department to conform to those of the Fire Department;
add a new Section 5 -"Equal Opportunity/Affirmative
Action Employer" under Chapter VII -General; and further
recommend to place on First Reading Ordinance M-65-01,
AN ORDINANCE ADOPTING THE AMENDMENTS TO THE REVISED RULES
AND REGULATIONS OF THE BOARD OF FIRE & POLICE
COMMISSIONERS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute any documents necessary to transfer title to
the Des Plaines Park District for the following City
parks: S. Golf Cul-De-Sac, N. Golf Cul-De-Sac, Yale
Court, Teton, Kutchen, Cornell, Westfield Gardens,
Hoffman Parkway, Arlington Triangle and Orchard Park; and
further recommend to place on First Reading Ordinance M-
66-01, AN ORDINANCE CONVEYING CERTAIN REAL PROPERTY FROM
THE CITY OF DES PLAINES TO THE DES PLAINES PARK DISTRICT
M-66-01
(Cont'd.)
LICENSE
AGREEMENT/
495
ELIZABETH:
Consent
Agenda
Ordinance
M-67-01
ZONING CASE
01-37-CU
CONDIT. USE/
622 E.
N.W. HWY.:
ZONING CASE
01-39-V
VARIATION/
1542 MAPLE:
Consent
Agenda
Ordinance
Z-18-01
ZONING CASE
01-46-V
VARIATION/
874
MARGRET:
Consent
Agenda
Ordinance
Z-19-01
AGREEMENT/
ENVIRONMEN.
RESOURCES,
ELECTRICITY
CERTIFICA.:
Consent
Agenda
Resolution
R-81-01
PAGE FOUR
091
11/5/01
AS PER TITLE IX, "PUBLIC WAYS AND PROPERTY REGULATIONS"
CHAPTER 19, "PROCEDURE FOR DISPOSITION OF REAL PROPERTY"
SECTION 1, "DISPOSITION" OF THE DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to grant request to permit construction
of a brick driveway apron extending from the public
sidewalk to the street curb, in the City-owned right-of-
way adjacent to property located at 495 Elizabeth Lane;
Mayor and City Clerk be authorized to execute necessary
license agreement; and further recommend to place on
First Reading Ordinance M-6 7 -01, AN ORDINANCE AUTHOR! ZING
THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR
BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-
OF-WAY WITH OWNERS ROBERT AND CAROL HARRIS, 495 ELIZABETH
LANE, DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
City Clerk McAllister announced that the petitioner has
requested that his request to permit the operation of an
auto body repair shop in a C-3 General Commercial
District on property located at 622 E. Northwest Highway,
Ordinance Z-17-01, be continued to December 3, 2001.
Moved by Sayad, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, re Zoning Case 01-39-V, to grant request for an
after-the-fact variation to permit a 6' high, solid
privacy fence in the front yard of property located at
1542 Maple Street in R-1 Single-Family Residential
District (Code permits front yard fences to be 4' high
and 50% open); contingent upon petitioner paying a double
permit fee ($150) for building without a permit; and
further recommend to place on First Reading Ordinance z-
18-01, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS
8.2-l(B) AND 8.2-6(A) OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT A SIX FOOT HIGH PRIVACY FENCE IN THE
PRIMARY AND SECONDARY FRONT YARD INSTEAD OF THE PERMITTED
FOUR FEET AND 50% OPEN, AT 1542 MAPLE STREET, DES PLAINES
ILLINOIS (CASE 01-39-V) . Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, re Zoning Case 01-46-V, to grant request to permit
construction of a 20' high detached garage on property
located at 874 Margret Street in R-1 Single-Family
Residential District (Code permits detached garages to
be 15' high)' and further recommend to place on First
Reading Ordinance Z-19-01, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 8.1-3A OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF DETACHED
GARAGE WITH A HEIGHT OF 20 FEET INSTEAD OF THE PERMITTED
15 FEET I LOCATED AT 874 MARGRET STREET I DES PLAINES I
ILLINOIS (CASE 01-46-V). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute Master Sales Agreement with Environmental
Resources Trust, Inc., 1700 K Street, NW, Suite 703,
Washington, DC 20006, to provide certification that a
percentage of the electricity used by the City is
environmentally friendly, through the Local Government
Electric Power Alliance (approved by the City Council on
June 19, 2000 through Resolution R-45-00), at an
estimated cost to the City of $960 annually; and further
recommend to adopt Resolution R-81-01, A RESOLUTION
AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN
AGREEMENT BETWEEN ENVIRONMENTAL RESOURCES TRUST, INC.
ELEC. CERT.
(Cont'd.)
AGREEMENT/
ENRON ENERGY
PURCHASE OF
ELECTRICITY:
Resolution
R-82-01
PUB. WORKS
MUTUAL AID
AGREEMENTS:
INTERLOCAL
AGREEMENT/
HIST. soc. I
PARK DIST. I
& CITY:
Consent
Agenda
Resolution
R-85-01
ARCHITECT
SERVICES/
POLICE
FACILITY:
Consent
Agenda
Resolution
R-86-01
LOCAL LAW
ENFORCEMENT
BLOCK GRANT
FUNDING:
Consent
Agenda
Resolution
R-87-01
PAGE FIVE
092
11/5/01
(ERT) AND THE CITY OF DES PLAINES FOR ELECTRIC POWER
THROUGH THE LOCAL GOVERNMENT POWER ALLIANCE. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Beauvais, seconded by Smith, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Master Electric Energy Services and
Sales Agreement with Enron Energy Services, 12 Salt Creek
Lane, Suite 450, Hinsdale, IL 60521, for the bulk
purchase of electricity for the water pumping station,
1444 Prairie Avenue parking deck and Civic Center heat,
through the Local Government Electric Power Alliance
(approved by the City Council on June 19, 2000 through
Resolution R-45-00), with an estimated savings to the
City of $24,000 annually; and further recommend to adopt
Resolution R-82-01, A RESOLUTION AUTHORIZING THE CITY OF
DES PLAINES TO ENTER INTO AN AGREEMENT BETWEEN ENRON
ENERGY SERVICES, INC. AND THE CITY OF DES PLAINES FOR
ELECTRIC POWER THROUGH THE LOCAL GOVERNMENT POWER
ALLIANCE. 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 Sayad, to TABLE until
December 3, 2001, the matter of non-emergency and
emergency Mutual Aid Agreements for the Public Works
Department, Resolutions R-83-01 and R-84-01. Motion
declared carried.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to re-enter into an Interlocal Agreement (first approved
by the City Council on November 4, 1985) between the Des
Plaines Historical Society, the Des Plaines Park District
and the City, as approved in concept by the City Council
on August 2 O, 2OO1; and further recommend to adopt
Resolution R-85-01, A RESOLUTION AUTHORIZING THE
EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE DES
PLAINES HISTORICAL SOCIETY, THE CITY OF DES PLAINES AND
THE DES PLAINES PARK DISTRICT. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to accept proposal from Sente & Rubel
Architects, 1955 Raymond Drive, Northbrook, IL 60062, to
provide architectural services for potential construction
of a new police facility at 841 Graceland Avenue (old
Library), at a cost of $45,000/Customs Seizure Funds; and
further recommend to adopt Resolution R-86-01 , A
RESOLUTION AUTHORIZING THE EXECUTION OF AN ARCHITECTURAL
PROPOSAL FOR PRELIMINARY SERVICES BETWEEN SENTE & RUBEL
ARCHITECTS AND THE CITY OF DES PLAINES FOR THE
CONSTRUCTION OF A NEW POLICE STATION LOCATED AT 841
GRACELAND, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute application for Local Law Enforcement Block
Grant funding in the amount of $23, 298, through the
United States Department of Justice, Bureau of Justice
Assistance, for After-School Program in the City's middle
schools; City to provide $2,589 in "matching funds"/2002
Budget; and further recommend to adopt Resolution R-87 -
01, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE,
BUREAU OF JUSTICE ASSISTANCE, FOR GRANT FUNDING AVAILABLE
UNDER THE "LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM,"
AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AS ARE
GRANT FUNDS
(Cont'd.)
STAR GRANT
FUNDS/FIRE
DEPARTMENT:
Consent
Agenda
Resolution
R-88-01
PATIO
VARIATION/
3173
PATTON:
Consent
Agenda
PATIO
VARIATION/
1383 EARL:
Consent
Agenda
PARKING PAD
VARIATION/
302 DOVER:
DRIVEWAY
VARIATION/
2070 BUSSE:
Consent
Agenda
c.o. #1/
GARLAND AVE.
CUL-DE-SAC
CONSTRUC.:
093
11/5/01
PAGE SIX
NECESSARY TO ACCEPT SUCH GRANT FUNDING, AND AUTHORIZING
THE CITY TO PROVIDE MATCHING FUNDS FOR SAID GRANT.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute Surviving Tornadoes Through Awareness and
Reaction (STAR) Grant through the Illinois Emergency
Management Agency, in the amount of $1,820 for 53 Tone-
Alert Weather Receivers to be placed at various locations
throughout the City; and further recommend to adopt
Resolution R-88-01, A RESOLUTION AUTHORIZING THE
EXECUTION OF A GRANT APPLICATION FOR THE CITY OF DES
PLAINES FIRE DEPARTMENT FROM THE ILLINOIS EMERGENCY
MANAGEMENT AGENCY FOR A STAR GRANT ALLOWING FOR TONE-
ALERT WEATHER RADIOS TO BE PURCHASED FOR USE AT VARIOUS
DES PLAINES LOCATIONS. 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 to permit
construction of a patio that would extend more than 15'
from the building foundation (Code permits patios to
extend 15' from the building foundation), on property
located at 3173 Patton Drive. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to grant request for an after-the-fact
Variation to Section 4-7-9 of the Building Code
Amendments to permit an existing patio to extend over 35'
from the building foundation (Code permits patios to
extend 15' from the building foundation) ; contingent upon
petitioner obtaining a building permit and paying a
double permit fee ($150) for building without a permit
for property located at 13 83 Earl Avenue. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to suspend the
rules to permit public input on this matter. Motion
declared carried.
Petitioner stated that if it is necessary to move the
fire hydrant in order to have this request approved, he
will agree to that and pay the cost.
Moved by Brookman, 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
construction of a parking pad, 9' wide x 26' long, in the
front yard of property located at 302 Dover Lane. Motion
declared carried.
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 to permit
replacement of an existing circular driveway with a
parking pad in an adjacent location in the front yard of
property located at 2070 Busse Highway. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation to approve Change Order #1 to
contract with Johnson Paving Company, 1025 E. Addison
Court, Arlington Heights, IL 60005, for construction of
the Garland Avenue Cul-De-Sac (awarded on February 5,
2001 $75,495), to adjust quantities necessary to
construct the improvement, in the amount of
$29,563/General Improvement Fund; total project cost to
date is $105,058.
GARLAND AVE.
(Cont'd.)
PURCHASE/
LIQ. CALCIUM
CHLORIDE:
Consent
Agenda
BID AWARD/
VIDEO EQP.
& INSTALL.:
Consent
Agenda
ORDINANCE
M-68-01
RENTAL UNIT
FEE:
Consent
Agenda
ORDINANCE
M-60-01
DRUG
PARAPHERNA.:
Consent
Agenda
ORDINANCE
M-61-01
DEFACING
PROPERTY:
Consent
Agenda
ORDINANCE
M-63-01
LIC. AGREE./
543
LINCOLN:
Consent
Agenda
ORDINANCE
M-64-01
SUBDIVIS.
FEES:
Consent
Agenda
PAGE SEVEN
Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Sayad,
Brookman, Becker, Argus
NAYS: 2-Murphy, Smith
ABSENT: 0-None
Motion declared carried.
094
11/5/01
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to accept low bid for joint purchase
through Northwest Municipal Conference for Liquid Calcium
Chloride from Gasaway Distributors, Inc., 8400 s.
Wilmette Avenue, Darion, IL 60561, for the City's
requested quantity of 13, 000 gallons, delivered and
premixed, for a total cost not-to-exceed $4, 900/MFT
Funds, and City Clerk be authorized to execute IDOT Form
BLR 6103 to authorize expenditure of this amount from MFT
Section 00-00000-01 GM. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to award bid for New Video Equipment and
Installation for cable control room to the lowest bidder,
MCSi, 621 Busse Road, Bensenville, IL 60106, in the total
bid amount of $86,890/Cable Services Commission Budget.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Argus, to place on First
Reading Ordinance M-68-01, AN ORDINANCE AMENDING TITLE
V, "BUSINESS REGULATIONS" CHAPTER 1, "GENERAL LICENSING
PROVISIONS" SECTION 3, "LICENSE FEES AND TERM" AND TITLE
VIII, "HEALTH AND SANITATION" CHAPTER 9, "PROPERTY
MAINTENANCE AND OCCUPANCY" SECTION 14, "LICENSING OF
RESIDENTIAL PROPERTIES USED FOR RENTAL PURPOSES" OF THE
DES PLAINES CITY CODE TO INCREASE THE RENTAL UNIT
LICENSING FEE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to adopt Ordinance M-
60-01, AN ORDINANCE AMENDING TITLE VI, "POLICE
REGULATIONS" CHAPTER 1, "GENERAL OFFENSES" SECTION 5 9,
"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 Sayad, seconded by Argus, to adopt Ordinance M-
61-01, AN ORDINANCE AMENDING TITLE VI, "POLICE
REGULATIONS" CHAPTER 1, "GENERAL OFFENSES" SECTION 41,
"MALICIOUS INJURY TO OR DESTRUCTION OF PROPERTY" TO ADD
NEW LANGUAGE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to adopt 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 Sayad, seconded by Argus, to adopt 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.
ZONING CASE
01-45-V
690 OAKWOOD:
ZONING CASE
01-41-CU
1441 RAND:
WARRANT
REGISTER:
DISCUSSION/
ANNUAL
TAX LEVY:
PAGE EIGHT
095
11/5/01
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
COMMUNITY DEVELOPMENT Alderman Becker, Chair
Acting Director of Community Development Molinari
reviewed his memo of October 22, 2 001, regarding the
request to permit a 5' high, solid privacy fence in the
front yard on property located at 690 Oakwood Avenue
(Code permits front yard fences to be 4' high and 50%
open); some neighbors didn't like the looks of the fence;
the Des Plaines Zoning Board's vote was a tie; the Staff
recommends the request be granted.
Petitioner addressed the Committee of the Whole and
showed a picture of what the fence will look like.
Moved by Murphy, seconded by Smith, to TABLE Zoning Case
01-45-V, 690 Oakwood Avenue, until November 19, 2001, so
that Alderman Murphy could have a meeting with the
neighbors regarding the looks of the fence. Motion
declared carried.
Acting Director of Community Development Molinari
reviewed his memo of October 22, 2001, which mistakenly
indicated that the request for a Conditional Use was for
an auto body repair shop; the request is to operate a
used car dealership.
Petitioner stated that he also owns the property across
the street, but would like a nicer place to sell cars;
there will be no body shop there.
Alderman Beauvais stated that she is concerned about
green space, landscaping, condition of fence along with
the number of cars that would be on the site.
Moved by Smith, seconded by Sayad, to recommend to the
City Council to not concur with recommendation of Staff,
re Zoning Case 01-41-CU, and DENY request to permit the
operation of a used car dealership in C-3 General
Commercial District on property located at 1441 Rand
Road.
Moved by Brookman, seconded by Murphy, to adopt a
substitute motion to TABLE this matter until December 3,
2001. Motion declared failed. Aldermen Murphy, Brookman
and Becker voted yes.
Motion declared carried on the original motion. Aldermen
Murphy, Brookman and Becker voted no.
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the November 5, 2001 -
Warrant Register, in the total amount of $3,624,128.91;
and further recommend that Resolution R-89-01 be adopted
at appropriate time this evening. Motion declared
carried.
Alderman Sayad stated that the Cook County Truth in
Taxation Act, Public Act 91-523, requires the City to
notify the public at least 30 days prior to the adoption
of the tax levy that one is being considered; a 5.25% tax
increase is being proposed; the public hearing on the
final 2001 Tax Levy will be held on December 3, 2001.
ORDINANCE
M-69-01
SALARY ADJ./
DEPUTY FIRE
CHIEF:
ORDINANCE
M-70-01
PROHIBIT
ABOVEGROUND
FUEL
STORAGE
TANKS:
ZONING CASE
01-45-V
690 OAKWOOD:
ZONING CASE
01-41-CU
1441 RAND:
WARRANT
REGISTER:
Resolution
R-89-01
REAL ESTATE
TRANSFER
TAX:
PAGE TEN
096
11/5/01
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Christiansen, to place on
First Reading Ordinance M-69-01. Motion declared
carried. Aldermen Murphy and Sayad voted no.
Moved by Becker, seconded by Argus, to advance to Second
Reading and adopt Ordinance M-69-01, AN ORDINANCE
AMENDING TITLE I, "ADMINISTRATIVE," OF CHAPTER 15,
"POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION
4, "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE
I-B, "FIRE GROUP" TO ADD STEP "D" FOR DEPUTY FIRE CHIEF
IN THE DES PLAINES CITY CODE. Upon roll call, the vote
was:
AYES: 6-Beauvais, Christiansen, Sayad,
Becker, Smith, Argus
NAYS: 2-Murphy, Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Brookman, to place on
First Reading Ordinance M-70-01. Motion declared
carried. Aldermen Christiansen and Smith voted no.
Moved by Beauvais, seconded by Becker, to advance to
Second Reading and adopt Ordinance M-70-01, AN ORDINANCE
AMENDING TITLE VII, "FIRE REGULATIONS" CHAPTER 2 ,
"FLAMMABLE AND COMBUSTIBLE LIQUIDS AND WASTE OIL," TO ADD
NEW LANGUAGE IN THE CITY CODE OF THE CITY OF DES PLAINES .
Upon roll call, the vote was:
AYES: 6-Beauvais, Murphy, Sayad,
Brookman Becker, Argus
NAYS: 2-Christiansen, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole to TABLE the
matter of Zoning Case 01-45-V, 690 Oakwood Avenue, until
November 19, 2001, so that Alderman Murphy could have a
meeting with the neighbors regarding the looks of the
fence. Motion declared carried.
Moved by Christiansen, seconded by Argus , to concur with
recommendation of Committee of the Whole to not concur
with recommendation of Staff, re Zoning Case 01-41-CU,
and DENY request to permit the operation of a used car
dealership in C-3 General Commercial District on property
located at 1441 Rand Road. Motion declared carried.
Aldermen Murphy, Brookman and Becker voted no.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-89-01, 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:
$3,624, 128 .91 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 Becker, to concur with
recommendation of Committee of the Whole that no change
be made to the Real Estate Transfer Tax payment. Motion
declared carried.
TAX LEVY
(Cont'd.)
REAL ESTATE
TRANSFER
TAX:
097
11/5/01
PAGE NINE
Mr. David Jenkins, 917 North Avenue, addressed the
Committee of the Whole stating that he doesn't want to
pay a higher property tax and not have the City look at
how they are spending the money; all he is asking is that
the City government operate like a business; let's make
sure that raising taxes is not the easy way out.
Mr. Carmen Sarlo, 3051 Scott Street, addressed the
Committee of the Whole, stating that the economy has
changed; people are being laid off by the thousands; we
are not in financial trouble as far as our fund balance
is concerned; you have to take a good look at the budget.
Mr. Vince Powers, 862 Webster Lane, addressed the
Committee of the Whole stating he has a lot of empathy
for the City Council; you have to look at the City budget
as you do your family budget; he is not here to criticize
the aldermen; he thinks they are doing a great job, but
you have to look at the budget.
Director of Finance Egeberg reviewed his memo of October
25, 2001, regarding a resident's suggestion that the real
estate transfer tax be changed from a seller payment to
a buyer payment; he did a survey of 62 communities --44
communities require the seller to pay, 16 require the
buyer to pay and two (2) are split.
Alderman Sayad stated that he surveyed his Ward and it
was about 50-50.
Alderman Beauvais stated that about eight (8) years ago
this matter came up and the City Council provided a
refund for those who sold their property and bought
something else within the City; she is not in favor of
changing who pays the tax.
Alderman Brookman stated that she is definitely opposed
to changing who pays the tax for all the reasons Director
Egeberg provided in his memo.
Alderman Becker stated that if it isn't broke, leave it
alone.
Alderman Christiansen stated that he agrees; we have good
reasons to keep it as it is.
Alderman Smith stated that he is not in favor of changing
either, although he has often wondered why we need this
tax.
Alderman Murphy stated that the tax should be left as it
is.
Mr. Vince Powers, 862 Webster Lane, addressed the
Committee of the Whole stating that the aldermen have
made some valid points, but this is still a hidden tax;
most people don't even know about this tax; you don't
talk about it at your Ward meetings; take it to your
residents; ask them.
Alderman Becker stated that this is not a hidden tax;
buyers and sellers know about this tax.
Mr. Carmen Sarlo, 3051 Scott Street, addressed the
Committee of the Whole stating that you have to pay for
services; he thinks the aldermen are doing the right
thing.
Moved by Becker, seconded by Brookman, to recommend to
the City Council that no change be made to the Real
Estate Transfer Tax payment. Motion declared carried.
ORDINANCE
M-65-01
AMENDMENTS/
FIRE &:
POLICE COMM.
RULES:
DRIVEWAY
VARIATION/
111 E.
MILLERS:
ZONING CASE
01-27-A
MAP AMEND./
1100
NORTHWEST
HIGHWAY:
ADJOURNMENT:
098
11/5/01
PAGE ELEVEN
Moved by Beauvais, seconded by Smith, to advance to
Second Reading and adopt Ordinance M-65-01, AN ORDINANCE
ADOPTING THE AMENDMENTS TO THE REVISED RULES AND
REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS.
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 Sayad, to RECONSIDER vote on
motion THAT FAILED on October 15, 2001, as follows:
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 . Motion
declared carried.
Moved by Sayad, seconded by Becker, to TABLE this
reconsidered motion until December 17, 2001, under
Unfinished Business. Motion declared carried.
Moved by Becker, seconded by Sayad, to RECONSIDER vote
on motion APPROVED on October 15, 2001, as follows:
Moved by Beauvais, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to DENY
request, re Zoning Case 01-27-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.
Moved by Becker, seconded by Sayad, to TABLE this
reconsidered motion. Motion declared carried.
Moved by Brookman, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried . Meeting adjourned at 10 :00 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS ~~~~~~~
DAY OF ~ I 2001
~ Antliony W. Arredia, MAYOR