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12-03-2001112 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 DECEMBER 3, 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 6:35 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, December 3, 2001. ROLL CALL: Roll call indicated the following aldermen present: Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais, Christiansen and Brookman were absent. Aldermen Brookman arrived in Executive Session at 6: 38 p. m. Alderman Beauvais arrived in Executive Session at 6:41 p.m. Also present were: City Manager Miller, 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, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: INTRODUCTION: RECOGNITION: PUBLIC HEARING/ 2001 TAX LEVY: Moved by Sayad, seconded by Murphy, to go into Executive Session to discuss pending litigation. Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 3-Beauvais, Christiansen, Brookman Motion declared carried. The City Council recessed at 6:36 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following aldermen present: Beauvais, Murphy, Sayad, Becker, Smith, Argus. The opening prayer was given by Major Kjell Steinsland, The Salvation Army, followed by the Pledge of Allegiance to the Flag. Mayor Arredia presented a "Be Nice" Award to Des Plaines resident and high school senior Heather Wilkerson for being chosen as a CBS News "Hometown Hero" for her work with the 11-10-02 Foundation, who help out Chicago school children by donating books; Kraft Foods has donated a scholarship in Heather's name for all the hours she contributes to this foundation. Mayor Arredia presented a certificate of appreciation to Jean Paxton, new owner of the Choo Choo Restaurant, for all her efforts to make this a most successful business. Deputy Police Chief Burton introduced the new Police Reserves for the City: Randy Thomas, Timothy Doherty, Mike Conley, Wendell McCarty, Jarath Heveran, Alan Zagorski and Garon Fyffe (Mike Piantkowski could not be present) . Mayor Arredia presented certificates of appreciation to Deputy Chief Prandini, Sergeant Mike Kozak and Detectives Rafael Tovar, Matt Kulak and Charles Akin, who had been commended by the Mt. Prospect Police Department for their assistance with a major auto theft ring; these officers exhibited a perfect example of interagency cooperation and are a credit to our City. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 3, 2001 CALL TO ORDER: DISCUSSION: PENDING LITIGATION/ UNITED FEATHER, 414 E. GOLF: CONSENT AGENDA: MINUTES: PAGE TWO 113 12/3/01 Mayor Arredia called the Public Hearing to order at 7:13 p. m. The Public Hearing was being held pursuant to legal notice to discuss the proposed property tax levy increase for the City of Des Plaines for 2001 tax year levy, in the amount of $16,172,782, which represents a 7.00% increase over the previous year. Director of Finance Egeberg stated that the amount of the levy was adjusted during the recent budget hearings to 2.5% Tax Levy increase for 2002 Budget in the sum of $319,048 for the fiscal year beginning January 1, 2002 and ending December 31, 2002. Mayor Arredia asked for public comment. There was none. Further action on this matter under Unfinished Business, Items 18 and 20. The Public Hearing was adjourned at 7:14 p.m. The City Council reconvened at 7:15 p.m. Moved by Sayad, seconded by Argus, to concur with consensus in Executive Session that United Feather and Down, Inc., 414 E. Golf Road, be required to pay the past due water bill, less late fees and penalties but including sewer charges, in the amount of $231,940.70, and City offer to provide a payment plan. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. City Clerk McAllister requested that Item 1 be removed from the Consent Agenda; a resident requested that Item 26 be removed; Alderman Smith requested that Items 15 and 15a be removed; and Alderman Sayad requested that Item 28 be removed. Moved by Sayad, seconded by Beauvais, Consent Agenda except for Items 1, 15, Motion declared carried. to establish a 15a, 26 and 28. Moved by Beauvais, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-74-01, M-75-01, M-76-01, M-77-01, M-78-01, M-79-01, M- 80-01, M-81-01, M-82-01, M-83-01, M-84-01, M-85-01, M-86- 01 and Z-22-01 were placed on First Reading; and Resolutions R-98-01 and R-99-01 were adopted. City Clerk McAllister requested that the minutes of the regular meeting of the City Council held November 19, 2001, be amended as follows: Page Three, second paragraph, Line Eleven, after the words " (to be paid from TIF Funds)" ADD "and adopt Resolution R-97-01, A RESOLUTION AUTHORIZING' THE EXECUTION OF A REAL ESTATE PURCHASE CONTRACT BETWEEN CHARLES FRISBEE TRUST % THE NORTHERN TRUST COMPANY AND THE CITY OF DES PLAINES FOR THE PROPERTY COMMONLY KNOWN AS 658-660 PEARSON STREET, FOR THE PURPOSE OF THE CITY PURCHASING SAID PROPERTY." Moved by Murphy, seconded by Becker, to approve minutes of the regular meeting of the City Council held November 19, 2001 -AS AMENDED. Motion declared carried. MINUTES/ EXEC. SESS. 11/19/01: Consent Agenda YEAR 2001 TAX LEVY/ SPEC. SVS. AREA #3: Consent Agenda Ordinance M-74-01 YEAR 2001 TAX LEVY/ SPEC. SVS. AREA #4: Consent Agenda Ordinance M-75-01 ABATEMENT/ YEAR 2001 GO BONDS: Consent Agenda Ordinance M-76-01 ABATEMENT/ YEAR 2000/ GO BONDS: Consent Agenda Ordinance M-77-01 ABATEMENT/ 1999 GO BONDS: Consent Agenda Ordinance M-78-01 ABATEMENT/ 1998 GO BONDS: Consent Agenda Ordinance M-79-01 114 12/3/01 PAGE THREE Moved by Beauvais, seconded by Sayad, to approve minutes of the Executive Session of the City Council held November 19, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to approve Year 2001 Tax Levy for Special Service Area Number Three (Cumberland Townhomes , 140-150 Northwest Highway) in the amount of $13,000, as provided in Ordinance M-42-94; and further recommend to place on First Reading Ordinance M-74-01, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THREE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to approve Year 2001 Tax Levy for Special Service Area Number Four (Woodland Townhomes, 1560-1568 Woodland Avenue) in the amount of $2,000, as provided in Ordinance M-11-95; and further recommend to place on First Reading Ordinance M-75-01, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of Year 2001 General Obligation Corporate Purpose Bonds in the amount of $346,644.58, as provided in Ordinance M-30-01; and further recommend to place on First Reading Ordinance M- 76 -01, ABATEMENT OF THE 2001 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of Year 2000 General Obligation Corporate Purpose Bonds in the amount of $414,005, as provided in Ordinance M-25-00; and further recommend to place on First Reading Ordinance M- 77 -01, ABATEMENT OF THE 2001 TAX LEVY FOR THE 2000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of 1999 General Obligation Corporate Purpose Bonds in the amount of $888,768.76, as provided in Ordinance M-6-99; and further recommend to place on First Reading Ordinance M- 78 -01, ABATEMENT OF THE 2001 TAX LEVY FOR THE 1999 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of 1998 General Obligation Corporate Purpose Bonds in the amount of $1,758,480.02, as provided in Ordinance M-24-98; and further recommend to place on First Reading Ordinance M- 79-01, ABATEMENT OF THE 2001 TAX LEVY FOR THE 1998 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ 1997A, 1997B, 1997C GO BONDS: Consent Agenda Ordinance M-80-01 ABATEMENT/ 1997D GO BONDS: Consent Agenda Ordinance M-81-01 ABATEMENT/ 1996A AND 1996B GO BONDS: Consent Agenda Ordinance M-82-01 ABATEMENT/ 1994A GO BONDS: Consent Agenda Ordinance M-83-01 ABATEMENT/ 1993 GO BONDS: Consent Agenda Ordinance M-84-01 ABATEMENT/ 1991 GO BONDS: Consent Agenda Ordinance M-85-01 ZONING CASE 01-52-V VARIATION/ 1536 FOREST: Ordinance Z-20-01 115 12/3/01 PAGE FOUR Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of 1997A, 1997B and 1997C General Obligation Corporate Purpose Bonds in the amount of $89, 753. 76 for Series 1997A, $241,225 for Series 1997B and $484,250 for Series 1997C; for a total of $815,228.76, as provided in Ordinance M- 36-97; and further recommend to place on First Reading Ordinance M-80-01, ABATEMENT OF THE 2001 TAX LEVY FOR THE 1997 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A, SERIES 1997B AND SERIES 1997C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of 1997D General Obligation Corporate Purpose Bonds in the amount of $770,615, the total levy as provided in Ordinance M- 60-97; and further recommend to place on First Reading Ordinance M-81-01, ABATEMENT OF THE 2001 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of 1996A and 1996B General Obligation Corporate Purpose Bonds in the amount of $358, 600 for Series 1996A and $74, 205 for Series 1996B, as provided in Ordinance M-64-96; and further recommend to place on First Reading Ordinance M- 8 2 -01, ABATEMENT OF THE 2001 TAX LEVY FOR GENERAL OBLIGATION PURPOSE BONDS SERIES 1996A, SERIES 1996B . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of 1994A General Obligation Corporate Purpose Bonds in the amount of $101,487.50, as provided in Ordinance M-88-94; and further recommend to place on First Reading Ordinance M- 8 3 -0 l , ABATEMENT OF THE 2001 TAX LEVY FOR GENERAL OBLIGATION PURPOSE BONDS SERIES 1994A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of 1993 General Obligation Corporate Purpose Bonds in the amount of $101, 685 of the $633, 222. SO levy, as provided in Ordinance M-15-93; and further recommend to place on First Reading Ordinance M-84-01, ABATEMENT OF THE 2001 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1993. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize abatement of 1991 General Obligation Corporate Purpose Bonds in the amount of $327,980, as provided in Ordinance M-53-91; and further recommend to place on First Reading Ordinance M- 85-01, ABATEMENT OF THE 2001 TAX LEVY FOR THE 1991 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 01-52-V, to grant request for Variation to permit construction of an oversized garage, 24' x 36' with a total area of 864 sq. ft. instead of the permitted size of 24' x 30' with a total area of 720 sq. ft. in R-1 Single Family Residential District on property located at 1536 Forest Avenue; and further recommend to place on First Reading Ordinance Z-20-01, AN ORDINANCE AUTHORIZING 1536 FOREST (Cont'd.) TELECOMM. SVS. AGREE./ CALL ONE: Consent Agenda Resolution R-98-01 PUBLIC IMPROVE./ MO EHL ING FARMS, RAND &: MEADOW: Consent Agenda Resolution R-99-01 ILLINOIS FIRST GRANT FUNDS/ POLICE DEPT.: Consent Agenda ILLINOIS FIRST GRANT FUNDS/ POLICE DEPT.: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda 116 12/3/01 PAGE FIVE A VARIATION TO SECTION 8.1-3 C AND E OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (GARAGE) AT 1536 FOREST, DES PLAINES, ILLINOIS (CASE 01-52-V). Motion declared carried. Alderman Smith abstained (conflict of interest) . Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to award bid for One-Stop Telecommunication Services through the Northwest Municipal Conference's Suburban Purchasing Cooperative (SPC), to Call One, 401 N. Michigan Avenue, Suite 200, Chicago, IL 60611, to assume all the City's Ameritech contracts, re-working them into more favorable rates for the City and take over long distance service at an approximate cost savings of $80,000 annually; Mayor and City Clerk be authorized to execute Customer Service Agreement; and further recommend to adopt Resolution R- 98-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A "CUSTOMER SERVICE AGREEMENT" BETWEEN CALL ONE, A UNITED COMMUNICATIONS SYSTEMS COMPANY, AND THE CITY OF DES PLAINES FOR ONE-STOP TELECOMMUNICATION SERVICES IN COOPERATION WITH THE SUBURBAN PURCHASING COOPERATIVE (SPC) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to accept Public Improvements that include storm and sanitary sewers, fire hydrants, water main, street paving, public sidewalks, traffic signal upgrade, storm water detention basin and street lights for Moehling Farms Subdivision, Rand Road and Meadow Drive; authorize release of public improvement surety in the amount of $134,403 and cash guarantee (tree bond) in the amount of $17,400 (maintenance bond of $141,816 to be held for 18 months) ; and further recommend to adopt Resolution R-99-01, A RESOLUTION APPROVING THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR THE MOEHLING FARM SUBDIVISION LOCATED AT RAND ROAD AND MEADOW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize City to accept Illinois FIRST Grant Funds through the Illinois Department of Commerce and Community Affairs, Project No. SR20134, in the amount of $75,000, to purchase 11 laptop computers for Police Department squad vehicles. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize City to accept Illinois FIRST Funds through the Illinois Department of Commerce and Community Affairs, Project No. SR2O13 5, in the amount of $75,000, to cover expenses (rent and utilities) for the current Police Neighborhood Resource Center at 1928 Touhy Avenue and the proposed PNRC at 1167 Elmhurst Road for years 2002 and 2003. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize City Clerk to advertise for bids for Gas and Diesel Fuel, returnable by 3:00 p. m., Thursday, December 2 O, 2 001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize City Clerk to advertise for bids for Preventive Maintenance of Heating and Air Conditioning Systems, returnable by 3:00 p.m., Thursday, December 20, 2001. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING (Cont'd.) APPOINTMENT/ REAPPOINT.: Consent Agenda ORDINANCE M-86-01 SALARY ADJUSTMENT/ POLICE SUPERVIS.: Consent Agenda ORDINANCE Z-21-01 VARIATION/ 690 OAKWOOD: 117 12/3/01 PAGE SIX Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize City Clerk to advertise for bids for Janitorial Contract for the Des Plaines Transit Center, returnable by 3:00 p.m., Thursday, December 20, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to authorize City Clerk to advertise for bids for Repair and Utility Location of Public Street Lights and Underground Wiring, returnable by 3:00 p.m., Thursday, December 20, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Mayoral appointment/reappointments as follows: Appointment: KEEP DES PLAINES BEAUTIFUL COMMISSION Andrew Calas, term to expire June 1, 2004 Reappointments: ARCHITECTURAL COMMISSION William Muehlenbeck, term to expire August 31, 2002 Michael Nichols, term to expire August 31, 2005 George Prosiliakos, term to expire August 31, 2005 Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to place on First Reading Ordinance M-86-01, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN, " SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE II-A, "POLICE GROUP" TO INCREASE SERGEANT AND LIEUTENANT PAY FOR MAY 1, 2001 THROUGH APRIL 30, 2002 IN THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Mr. Andrew Jackson, 835 Northwest Place, addressed the City Council stating that he asked that this matter be removed from the Consent Agenda because the petitioner never discussed this matter with him; he has a beautiful lot facing her lot; why she wants to do this, he doesn't know; her dog barks all the time; he requests that this not be approved because the petitioner lied to the neighbors. Alderman Murphy stated that the petitioner told her that she spoke with Mr. Jackson and everything was OK, but she found out that was not true; no meeting was held. The attorney for the petitioner addressed the City Council stating that everyone had been given ample notice; everyone knew when the meeting was; the fence doesn't obstruct the view; she knows that her client did speak with Mr. Jackson in front of his house; the petitioner did try to resolve the issue. Moved by Murphy, seconded by Sayad, to NOT grant the Variation, re Zoning Case 01-45-V, to permit a 5' high, solid privacy fence in the secondary front yard instead of the maximum permitted height of 4' with 50% open on property located at 690 Oakwood Court in R-1 Single- Family Residential District; and void Ordinance Z-21-01. Upon roll call, the vote was: AYES: 4-Beauvais, Murphy Sayad, Argus NAYS: 3-Brookman, Becker, Smith ABSENT: 1-Christiansen MOTION DECLARED FAILED (five (5) votes needed) Moved by Beauvais, seconded by Murphy, that all parties meet to work out a solution to this problem. 690 OAKWOOD (Cont'd.) ORDINANCE Z-22-01 TEXT AMEND./ DANCE HALLS: Consent Agenda ORDINANCE M-72-01 2001B AND 2001C BONDS: ORDINANCE Z-20-01 VARIATION/ 1536 FOREST: 118 12/3/01 PAGE SEVEN Moved by Brookman, seconded by Smith, to adopt a substitute motion to place on First Reading Ordinance z- 21-01, 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 FIVE FOOT HIGH PRIVACY FENCE IN THE FRONT YARD INSTEAD OF THE PERMITTED FOUR FEET AND 50% OPEN, AT 690 OAKWOOD COURT, DES PLAINES, ILLINOIS (CASE 01-45-V). Upon roll call, the vote was: AYES: 4-Sayad, Brookman, Becker, Smith NAYS: 4-Beauvais, Murphy, Argus, Arredia ABSENT: 1-Christiansen MOTION DECLARED FAILED. The petitioner's attorney stated that her client did meet with Mr. Jackson and told him that this would be decided at the City Council meeting; he didn't show up; she really is not required to meet with him, but she did; the City Council has made its decision. Alderman Brookman stated that she doesn't think it is fair for a neighbor to dictate to another neighbor the style of their fence. Moved by Brookman, seconded by Sayad, to call for the question. Motion declared carried. MOTION DECLARED FAILED on Alderman Beauvais' s motion (all aldermen voted no) . Motion by Alderman Sayad to table until January 7, 2002, the matter of First Reading for Ordinance Z-21-01, DIED FOR LACK OF A SECOND. Moved by Sayad, seconded by Brookman, to place on First Reading Ordinance Z-21-01, 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 FIVE FOOT HIGH PRIVACY FENCE IN THE FRONT YARD INSTEAD OF THE PERMITTED FOUR FEET AND 50% OPEN, AT 690 OAKWOOD COURT, DES PLAINES, ILLINOIS (CASE 01-45-V). Motion declared carried (Aldermen Sayad, Brookman, Becker, Smith and Mayor Arredia voted yes; Aldermen Beauvais, Murphy and Argus voted no) . Further action on this matter under Unfinished Business on December 17, 2001. Moved by Beauvais, seconded by Sayad, to place on First Reading Ordinance Z-22-01, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 13.3 "COMMERCIAL INDOOR RECREATION" TO ADD LANGUAGE ALLOWING DANCE HALLS AS A NEW CATEGORY IN C-3 AND C-4 AREAS AS A CONDITIONAL USE ONLY (CASE 01-56-A). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to adopt Ordinance M- 72-01, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B, AND TAXABLE GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001C, OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-20-01, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3 C AND E OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (GARAGE) AT 1536 FOREST, DES PLAINES, ILLINOIS (CASE 01-52-V). Z-20-01 (Cont'd.) ORDINANCE M-86-01 SALARY ADJUSTMENT/ POLICE SUPERVIS.: ORDINANCE Z-22-01 TEXT AMEND./ DANCE HALLS: PUBLIC WORKS MUTUAL AID AGREEMENTS: PARKING PAD VARIATION/ 770 CORDIAL: PAGE EIGHT Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Christiansen ABSTAIN:l-Smith (conflict of interest) Motion declared carried. 119 12/3/01 Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-86-01, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN, " SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE II-A, "POLICE GROUP" TO INCREASE SERGEANT AND LIEUTENANT PAY FOR MAY 1, 2001 THROUGH APRIL 30, 2002 IN THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-22-01, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 13.3 "COMMERCIAL INDOOR RECREATION" TO ADD LANGUAGE ALLOWING DANCE HALLS AS A NEW CATEGORY IN C-3 AND C-4 AREAS AS A CONDITIONAL USE ONLY (CASE 01- 56-A). Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE PUBLIC WORKS Alderman Brookman, Chair Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council that Mayor and City Clerk be authorized to execute Public Works Non-Emergency and Emergency Mutual Aid Intergovernmental Service Agreements with the Public Works Advisory Committee of the South Suburban Mayors and Managers Association, the Northwest Municipal Conference and the West Central Municipal Conference, to provide personnel, equipment and material resources in the event of a natural or man-made occurrence; and further recommend that Resolutions R-83-01 and R-84-01 be adopted at appropriate time this evening. Motion declared carried. BUILDING CODE Alderman Murphy, Chair Alderman Murphy stated that the petitioner is requesting a variation to permit her to widen her driveway from the existing 9' to 21' wide at the property line; Code prohibits driveways with widths greater than 18' at the property line; the petitioner states that she has six (6) vehicles and cannot park directly in front of her home because of a fire hydrant; the Staff is recommending against this request. Alderman Argus stated that this home is right near Elmhurst Road where there is a stop sign so there is no parking there; the neighbors say they have no problem with this request. 770 CORDIAL (Cont / d.) ZONING CASE 01-55-PUD 170 NORTH EAST RIVER: PAGE NINE 110 12/3/01 Alderman Beauvais stated that she agrees with Staff; the petitioner can get relief for this problem. The petitioner, Gerta Kusior, stated that there are five (5) working people in the house; they have six (6) cars; the fire hydrant doesn / t allow them to park on the street. Alderman Argus stated that she thinks the petitioner should get the variation so they can get the cars off the street; it will look OK; she will be voting for this. Moved by Argus, seconded by Sayad, to not concur with Staff recommendation and recommend to the City Council to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of driveway from existing 9 1 to 21 1 wide at the property line (Code prohibits driveways with widths great than 18 1 at the property line), on property located at 770 Cordial Drive. Motion declared carried. Aldermen Brookman and Smith voted no. COMMUNITY DEVELOPMENT Alderman Becker, Chair Acting Director of Community Development Molinari reviewed his memo of November 7, 2oo1, regarding the request for approval of a preliminary Planned Unit Development and to zone the proposed PUD, R-3 Townhouse Residential District on property located in the unincorporated area at 170 North East River Road; the petitioner must then submit plans for engineering approval and prepare a PUD plan; then the PUD will return to the Des Plaines Plan Commission and City Council for final approval; this will also require an annexation agreement; both the Des Plaines Plan Commission and Staff recommends approval. Petitioner Mark Janeck, Insignia Homes, L.L.C., 35 W. Slade Street, Palatine, IL 60067, and his attorney, Lawrence Freedman, made a presentation of the proposed townhouse plan. Alderman Beauvais stated her concern about the water level and flooding in this area; this is a wet land. Alderman Brookman asked about the 25' wide road; they should build a 66 1 wide road; why are we ignoring the Comprehensive Plan that the taxpayers paid for; she has a problem with this project; townhomes have not enhanced her Ward; she doesn1 t think townhomes are the best use for this area; this would be a very desirable location for new home construction; this is a quality of life issue; she has been contacted by a developer who is very interested in this area for luxurious homes; she will be voting to deny this request. Alderman Smith stated that the difficulty he has with this request is that there is talk about other requests for annexation in this area; we should look at this entire area. Alderman Beauvais stated that it would be truly beneficial for the City to work with the residents in the area about annexation, required lot sizes, etc. Alderman Brookman stated that the City would be hard pressed to deny another developer who wants to come in and put up townhomes. Alderman Murphy stated that there is a mixture of housing now along this road; the developer would have to meet all the City ordinances i.e. no abandoned cars, garbage, etc. 170 RIVER (Cont'd.) 111 12/3/01 PAGE TEN Mr. Ray Sulikowski, 337 North East River Road, addressed the Committee of the Whole stating that this is nothing but "block busting"; two (2) other lots have already been bought; it's called a "squeeze play"; we can either stay there and eventually sell at a low price or live with what will be built there; why not ask us to annex and leave the zoning as it is; some of these homes may have historic value. Mr. Jason Schram, 480 E. River Road, addressed the Committee of the Whole stating that this is predominately a single family community; this would be zone busting; you would be changing a stable neighborhood into any thing but; do not come into any area on a piecemeal basis; we know that this area will be developed, but it should be developed in keeping with the neighborhood. Ms. Sherry Nelson, 160 North East River Road, addressed the Committee of the Whole stating the value of their land is extremely under estimated; you will change the configuration of the entire neighborhood; we are not opposed to annexation or development, but we are opposed to multi-family homes; please do not force us out of our homes; you have multi-family now in the City that you can't maintain; traffic is another issue; there is so much potential in this area. Mr. Gary Phipps, 477 North East River Road, addressed the Committee of the Whole stating that you will turn this land into a future slum; the people are now afraid to come into Des Plaines; you should look at the Comprehensive Plan; we have enough apartment buildings on River Road; it is going to "domino"; it is a zone- busting plot; look at the big picture. Mrs. Susan Mack, 514 Twela Lane, addressed the Committee of the Whole stating she loves living in this area; she has looked at other Insignia homes in another area--their roads are narrow; she doesn't think the people will be safe based on what is being planned for parking; go look at other Insignia townhomes in Palatine; we all support 1-acre lots, single family homes. Mr. Fred Mack, 514 Twela Lane, addressed the Committee of the Whole stating that his sump pump runs 75% of the time now; where will the water go?; what will happen to all the properties north? Mr. Jack Cavalenes, Des Plaines Citizens for Responsible Development, addressed the Committee of the Whole, stating that the City should not pander to every developer; why do we want to give Code variations to developers?; maybe these residents would want to come into our City if we treat them right; let's build single family homes. Mr. Brad Gosenll, 310 North East River Road, addressed the Committee of the Whole, stating that the current water supply is well water; we have to draw water from both of our wells to get adequate water supply; he is concerned about the water table; Insignia's traffic study was done before the traffic light was installed at Central Road; now traffic has increased; this will set a precedent for future developers. Mr. David Jenkins, 91 7 North Avenue, addressed the Committee of the Whole, asking where do we stop with this kind of development; it will change this area; we shouldn't change the zoning for this area; the residents want to be able to live peaceful country living; would you want this kind of housing in your area? 170 RIVER (Cont'd.) RECESS: WATER RATE INCREASE: PAGE ELEVEN 112 12/3/01 Moved by Brookman, seconded by Smith, to recommend to the City Council to DENY request for a Preliminary Planned Unit Development (PUD) and zoning change from R-1 Single Family Residential District to R-3 Townhouse Residential District, for property located at 170 North East River Road. MOTION DECLARED FAILED (Aldermen Beauvais, Brookman and Smith voted yes; Aldermen Murphy, Sayadi Becker and Argus voted no) . Moved by Murphy, seconded by Argus, to concur with recommendation of Des Plaines Plan Commission and Staff and recommend to the City Council to GRANT request for a Preliminary Planned Unit Development (PUD) and zoning change from R-1 Single Family Residential District to R-3 Townhouse Residential District, for property located at 170 North East River Road; and City Attorney be authorized to draft necessary ordinance. Alderman Smith again stated that the City should look at the whole area and come up with a plan. Motion by Alderman Brookman to adopt a substitute motion to recommend to the City Council that this matter be held for another City Council meeting when all aldermen are present, died for lack of a second. Moved by Beauvais, seconded by Brookman, to adopt a substitute motion to recommend to the City Council that this matter be held for discussion at an upcoming "Blue Sky" session. Motion declared failed (Aldermen Beauvais, Brookman and Smith voted yes; Aldermen Murphy, Sayad , Becker and Argus voted no) . Motion declared carried on Alderman Murphy's motion (Aldermen Murphy, Sayad, Becker and Argus voted yes; Aldermen Beauvais, Brookman and Smith voted no). Moved by Becker, seconded by Sayad, to recommend to the City Council that Staff be authorized to contact residents of North East River Road area regarding voluntary annexation; not allow any rezoning while these contacts are being made; and Staff be authorized to prepare a zoning overlay of this area. Motion declared carried (Aldermen Brookman and Smith voted no) . Mayor Arredia stated that maybe we should decide whether we even want to annex this area. Moved by Sayad, seconded by Murphy, to take a five (5) minute recess. Motion declared carried. The Committee of the Whole meeting recessed at 10:35 p.m. The Committee of the Whole meeting reconvened at 10:43 p.m. FINANCE & ADMINISTRATION Alderman Sayad, Chair Mr. David Jenkins, 91 7 North Avenue, addressed the Committee of the Whole stating that if this tax increase is really necessary to keep up with the cost of water, then he is all for it; but if this is just another way to raise money, he is not for it; he is not for any increase if they are not necessary to do business; m~ke sure the 4% is truly necessary. Moved by Smith, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council that the water rate be increased to $2.446/100 cf after WATER RATE (Cont'd. ) VEHICLE LICENSE FEE: ORDINANCE M-50-01 FOOD &: BEVERAGE TAX: PAGE TWELVE 113 12/3/01 January 1, 2002 and then increased to $2.482/100 cf after January 1, 2003; and Ordinance M-87-01 be placed on First Reading at appropriate time this evening. Motion declared carried (Aldermen Murphy and Brookman voted no) . Moved by Beauvais, seconded by Smith, to take from the table the matter of vehicle license fee increase which was tabled on October 1, 2001. Motion declared carried. Alderman Brookman stated that she believes this increase is excessive and hostile to the residents; she will be voting no. Alderman Murphy stated that she thinks it is appropriate to increase the fee and fine; what she would like to see is how many people have not paid for a vehicle license; until we have concrete numbers, she cannot vote to increase the fee; this is a great untapped revenue source. Director of Finance Egeberg said that he didn't have that information tonight, but he would provide that to the aldermen. Moved by Becker, seconded by Murphy, to adopt a substitute motion to recommend to the City Council that the matter of a vehicle license fee increase and Ordinance M-88-01 be TABLED. Alderman Smith stated that we premised our budget on this increase; if we don't approve this, we are just eating into our General Fund balance. Upon roll call on the substitute motion, the vote was: AYES: 2-Murphy, Becker NAYS: 5-Beauvais, Sayad, Brookman, Smith, Argus ABSENT: 1-Christiansen MOTION DECLARED FAILED. Moved by Argus, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council that vehicle license fees be increased to $30 and, if paid late within seven (7) business days, the fee would be $40, and thereafter the fee would be $80; and Ordinance M-88-01 be placed on First Reading at appropriate time this evening. Mrs. Madlan McKernan, 1920 Andy Lane, addressed the Committee of the Whole stating that she doesn't understand why the City doesn't have the information about who has a car; the State can find her if she doesn't have her license; you should be able to find everyone; better bookkeeping is necessary. Mr. David Jenkins, 917 North Avenue, addressed the Committee of the Whole stating that we have the mechanics to know who has a vehicle sticker and who doesn't; if you are going to raise my sticker, you should raise them all . Upon roll call on Alderman Arg~s' motion, the vote was: AYES: 4-Beauvais, Sayad, Smith, Argus NAYS: 3-Murphy, Brookman, Becker ABSENT: 1-Christiansen Motion declared carried. Moved by Smith, seconded by Beauvais, to take from the table the matter of the motion on the floor to adopt Ordinance M-50-01, tabled on October 1, 2001. Motion declared carried. Alderman Brookman stated that she is concerned that this tax increase will be harmful to business; she thinks the City should hold off until the economy picks up. M-50-01 WARRANT REGISTER: BADGES/ ELECTED OFFICIALS: Ordinance M-89-01 WEBSTER LANE PROJECT/ RECONSTRUC: PAGE THIRTEEN 114 12/3/01 Moved by Becker, seconded by Beauvais, to amend Ordinance M-50-01 to change the effective date to January 1, 2002. Motion declared carried. Moved by Sayad, seconded by Argus, to recommend to the City Council to adopt Ordinance M-50-01, AN ORDINANCE ADDING A NEW CHAPTER 57 "FOOD AND BEVERAGE TAX" TO TITLE V, "BUSINESS REGULATIONS" IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND ADMINISTERED TAXES OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Smith, seconded by Becker, to recommend to the City Council approval of the December 3, 2001 -Warrant Register, in the total amount of $2,269,023.80; and further recommend that Resolution R-101-01 be adopted at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Argus, to place on First Reading Ordinance M-89-01. Alderman Brookman stated that there should have been discussion on this matter before the badges were issued; aldermen should not be going around enforcing codes or rules; we are policy makers; we have business cards; she will be voting no. Alderman Smith stated that he would like to see how these badges are being paid for. Motion declared carried. voted no. Aldermen Brookman and Smith Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-89-01, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE" CHAPTER 7, "ADMINISTRATIVE OFFICERS" SECTION 12, "BADGES" TO INCLUDE CITY OFFICIALS. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Argus, Arredia NAYS: 2-Brookman, Smith ABSENT: 1-Christiansen Motion declared carried. Moved by Murphy, seconded by Sayad, to concur with recommendation of the Committee of the Whole held November 26, 2001, to amend the 2002 Capital Improvement Program to change Webster Lane Project from rehabilitation ($455, 000) to reconstruction including storm sewers, between Algonquin Road and Thacker (Dempster) Street, at a cost of $937,500. Alderman Brookman stated that she can't justify adding this to our cost; this may not solve the flooding problem; she will voting no. Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSENT: 1-Christiansen Motion declared carried. CHANGE CIP/ COMBINED SEWER AREAS: CHANGE CIP/ REMOVE SIDEWALK ALGONQUIN ROAD: STORM SEWERS/ CORDIAL DRIVE & CLAYTON LANE: REHABILITA. OF FARGO AVENUE: APPROVE 2002 CIP AS REVISED: 115 12/3/01 PAGE FOURTEEN Moved by Sayad, seconded by Murphy, to concur with recommendation of the Committee of the Whole held November 26, 2001, that Staff be authorized to revise the 5-year CIP Plan to change those streets scheduled for rehabilitation or resurfacing in a combined sewer area to reconstruction including separate storm sewers. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Brookman, Becker, Argus NAYS: 1-Smith ABSENT: 1-Christiansen Motion declared carried. Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole held November 26, 2001, to amend the 2002 Capital Improvement Program to remove new sidewalk on the south side of Algonquin Road, between Mt. Prospect Road and entrance to Prairie Lake Center, at a cost savings of $200,000. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Murphy, seconded by Argus, to concur with recommendation of the Committee of the Whole held November 26, 2001, that storm sewers be installed in the backyards of properties located at 535 to 545 Cordial Drive and 585 to 595 Cordial Drive, plus necessary regrading, at an estimated cost of $44,620; work to be done as soon as possible. Moved by Smith, seconded by Beauvais, to amend the motion to add that storm sewers also be installed at 570 Clayton Lane at an approximate cost of $12, 000; for a total estimated cost for both projects of $56,620. Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Smith, Argus NAYS: 2-Brookman, Becker ABSENT: 1-Christiansen Motion declared carried. Upon roll call on the original motion -as amended, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Smith, Argus NAYS: 2-Brookman, Becker ABSENT: 1-Christiansen Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole held November 26, 2001, that Staff be authorized to investigate the possibility of amending the Capital Improvement Program to move the rehabilitation of Fargo Avenue from year 2004 to 2003 or sooner. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Murphy, to concur with recommendation of Committee of the Whole held November 26, 2001, to approve the 2002 Capital Improvement Program -AS REVISED, in the amount of $6,760,920. Motion by Alderman Beauvais to amend the motion to add $350,000 to Alley Program for 2002, died for lack of a second. 2002 CIP (Cont'd.) FUNDING/ CITY NURSE: RETAIN UNIFORM ALLOWANCE/ COMMUNITY DEV. DEPT.: ELIMINATE CD DIRECTOR & ENGINEER. INSPECTOR: REALLOCATE SOC FUNDS: DECREASE POLICE VEHICLE REPLACEMENT FUND: TRANSFER PARKING FUND TO GENERAL FUND: 116 12/3/01 PAGE FIFTEEN Alderman Beauvais stated that she will be voting against this motion because we are not addressing the alleys; we are not accepting the responsibility for the alleys. Upon roll call on the original motion, the vote was: AYES: 4-Murphy, Sayad, Smith, Argus NAYS: 3-Beauvais, Brookman, Becker ABSENT: 1-Christiansen Motion declared carried. Moved by Brookman, seconded by Murphy, to concur with recommendation of Committee of the Whole held November 26, 2001, that Staff be authorized to investigate additional funding to offset the cost to maintain the City's Public Health Nurse in the 2002 Budget. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Becker, seconded by Brookman, to concur with recommendation of Committee of the Whole held November 26, 2001, to retain the uniform allowance for the Community Development Department in the 2002 Budget at a cost of $3,000. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Argus, seconded by Murphy, to concur with recommendation of Committee of the Whole held November 26, 2001, to eliminate the positions of Director of Community Development ($70, 000) and Inspector in Engineering Department ($30,000) at a cost savings of $100,000 in 2002 Budget. Upon roll call, the vote was: AYES: 6-Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 1-Beauvais ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Becker, to concur wj th recommendation of Committee of the Whole held November 26, 2001, to reallocate $99, 000 from City's participation in Suburban 0' Hare Commission (SOC) to Professional Services to fight O'Hare Airport expansion. Upon roll call, the vote was: AYES: 6-Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 1-Beauvais ABSENT: 1-Christiansen Motion declared carried. Moved by Murphy, seconded by Sayad, to concur with recommendation of Committee of the Whole held November 26, 2001, to decrease the appropriation for vehicle replacement in the Police Department by $30,000 in the 2002 Budget. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Argus, seconded by Sayad, to concur with recommendation of Committee of the Whole held November 26, 2001, to transfer $50,000 from the Parking Fund to the General Fund in the 2002 Budget. Upon roll call, the vote was: TRANSFER (Cont'd. ) DECREASE COMMUNICA. SERVICES APPROPRIA. : RETAIN POSITIONS/ INSPECTOR, CIVIL ENGR. I MAINT. STREET LABORER: REAPPROPRIA. FUNDS FOR STORM SEWERS ON CORDIAL &: CLAYTON: DECREASE PUB. WKS. &: POLICE VEHICLE REPLACE. APPROPRIA. : APPROVE 2002 TAX LEVY: PAGE SIXTEEN AYES: 6-Beauvais, Murphy, Sayad, Brookman, Becker, Argus NAYS: 1-Smith ABSENT: 1-Christiansen Motion declared carried. 117 12/3/01 Moved by Argus, seconded by Sayad, to concur with recommendation of Committee of the Whole held November 2 6, 2OO1, to decrease the appropriation for Communication Services in the General Fund by $ 8 O, o o o in the 2 o o 2 Budget. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole held November 26, 2001, to retain the positions of Inspector, Civil Engineer and Maintenance Street Laborer in the 2002 Budget at a cost of $150,000. Upon roll call, the vote was: AYES: 6-Beauvais, Sayad, Brookman, Becker, Smith, Argus NAYS: 1-Murphy ABSENT: 1-Christiansen Motion declared carried. Moved by Argus, seconded by Sayad, to concur with recommendation of Committee of the Whole held November 26, 2001, to reappropriate $48,000 in the General Improvement Fund from vehicle purchases to storm sewers on Cordial Drive (approved earlier in the meeting) . Moved by Smith, seconded by Sayad, to amend the motion to add that the reappropriate amount be increased to $60,000 to include the storm sewer for 570 Clayton Lane (approved earlier in the meeting). Upon roll call , the vote was: AYES: 5-Beauvais, Murphy, Sayad, Smith, Argus NAYS: 2-Brookman, Becker ABSENT: 1-Christiansen Motion declared carried. Upon roll call on the original motion -as amended, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Smith, Argus NAYS: 2-Brookman, Becker ABSENT: 1-Christiansen Motion declared carried. Moved by Brookman, seconded by Becker, to concur with recommendation of Committee of the Whole held November 26, 2001, to decrease the appropriation for vehicle replacements in the Public Works and Police departments by $158,000 in the 2002 Budget (CERF Transfer). Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Brookman, Becker, Argus NAYS: 1-Smith ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Smith, to concur with recommendation of Committee of the Whole held November 26, 2001, to approve a 2.5% Tax Levy increase for 2002 in the sum of $319,048, for the fiscal year beginning January 1, 2001 and ending December 31, 2001. Upon roll call, the vote was: TAX LEVY (Cont'd.) 2002 APPROPRIA. : Ordinance M-90-01 2001 TAX LEVY: Ordinance M-91-01 PUBLIC WORKS MUTUAL AID AGREEMENT: Resolution R-83-01 PUBLIC WORKS MUTUAL AID AGREEMENT: Resolution R-84-01 PAGE SEVENTEEN AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. 118 12/3/01 Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole held November 26, 2001, to place on First Reading Ordinance M-90-01 , AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL," FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2002. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole held November 26, 2001, to place on First Reading Ordinance M-91-01 . Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-91-01, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY , ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2002. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Brookman, seconded by Argus, to concur with recommendation of Committee of the Whole that Mayor and City Clerk be authorized to execute Public Works Non- Emergency Mutual Aid Intergovernmental Service Agreement with the Public Works Advisory Committee of the South Suburban Mayors and Managers Association, the Northwest Municipal Conference and the West Central Municipal Conference, to provide personnel, equipment and material resources in the event of a natural or man-made occurrence; and adopt Resolution R-83-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A "NON-EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT" BETWEEN THE CITY OF DES PLAINES AND THE PUBLIC WORKS ADVISORY COMMITTEE OF THE SOUTH SUBURBAN MAYORS AND MANAGERS ASSOCIATION, THE NORTHWEST MUNICIPAL CONFERENCE AND THE WEST CENTRAL MUNICIPAL CONFERENCE. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Brookman, seconded by Becker, to concur with recommendation of Committee of the Whole that Mayor and City Clerk be authorized to execute Public Works Emergency Mutual Aid Intergovernmental Service Agreement with the Public Works Advisory Committee of the South Suburban Mayors and Managers Association, the Northwest Municipal Conference and the West Central Municipal Conference, to provide personnel, equipment and material resources in the event of a natural or man-made occurrence; and adopt Resolution R-84-01, A RESOLUTIO~ R-84-01 (Cont'd.) ZONING CASE 01-55-PUD 170 NORTH EAST RIVER: WATER RATE INCREASE: Ordinance M-87-01 VEHICLE LICENSE FEE: Ordinance M-88-01 ORDINANCE M-50-01 FOOD & BEVERAGE TAX: WARRANT REGISTER: Resolution R-101-01 119 12/3/01 PAGE EIGHTEEN AUTHORIZING THE EXECUTION OF AN "EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT" BETWEEN THE CITY OF DES PLAINES AND THE PUBLIC WORKS ADVISORY COMMITTEE OF THE SOUTH SUBURBAN MAYORS AND MANAGERS ASSOCIATION, THE NORTHWEST MUNICIPAL CONFERENCE AND THE WEST CENTRAL MUNICIPAL CONFERENCE. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Becker, seconded by Argus, to concur with recommendation of the Committee of the Whole to grant request for a Preliminary Planned Unit Development (PUD) and zoning change from R-1 Single Family Residential District to R-3 Townhouse Residential District, for property located at 170 North East River Road; and City Attorney be authorized to draft necessary ordinance. Moved by Brookman, seconded by Beauvais, that this matter by deferred until December 17, 2001 (no discussion or vote is permitted on a deferral). This deferral was withdrawn later in the meeting. Moved by Sayad, seconded by Argus, to concur with recommendation of Committee of the Whole that the water rate be increased to $2.446/100 cf after January 1, 2002 and then increased to $2, 482/100 cf after January 1, 2003; and place on First Reading Ordinance M-87-01. Motion declared carried. Aldermen Murphy and Brookman voted no. Moved by Sayad, seconded by Becker, to advance to Second Reading and adopt Ordinance M-87-01, AN ORDINANCE AMENDING TITLE III I "DEPARTMENTS II CHAPTER 4 I "WATER DEPARTMENT" SECTION 20, "RATES" TO INCREASE WATER RATES. Upon roll call, the vote was: AYES: 6-Beauvais, Sayad, Becker, Smith, Argus, Arredia NAYS: 2-Murphy, Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to concur with recommendation of Committee of the Whole that vehicle license fees be increased to $30 and, if paid late within seven (7) business days, the fee would be $40, and thereafter the fee would be $80; and place on First Reading Ordinance M-88-01. Motion declared carried. Aldermen Murphy, Brookman and Becker voted no. (further action on this matter under Unfinished Business on December 17, 2001) Moved by Sayad, seconded by Argus, to concur with recommendation of Committee of the Whole to adopt Ordinance M-50-01, AN ORDINANCE ADDING A NEW CHAPTER 57 "FOOD AND BEVERAGE TAX" TO TITLE V, "BUSINESS REGULATIONS" IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND ADMINISTERED TAXES OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Smith, Argus NAYS: 2-Brookman, Becker ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-101-01, 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: $2,269,023.80. Upon roll call, the vote was: WARRANT (Cont'd.) PARKING PAD VARIATION/ 770 CORDIAL: PETITIONS/ ZONING RE HARDING AVENUE: ZONING CASE 01-55-PUD 170 NORTH EAST RIVER: ZONING CASE 01-57-CU CONDIT. USE/ DEMPSTER AND RAND: AGENDA PROCEDURE: BID AWARD/ 2002 CURBSIDE CALENDAR PRINTING: PAGE NINETEEN AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. 120 12/3/0: Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of driveway from existing 9' to 21' wide at the property line (Code prohibits driveways with widths greater than 18' at the property line), on property located at 770 Cordial Drive. Motion declared carried. Aldermen Brookman and Smith voted no. Mayor Arredia referred petitions filed with the City Clerk by Alderman Beauvais on November 26, 2001 , asking that both sides of Harding Avenue, west of Graceland Avenue, be zoned R-1 Single Family Residential District , to Staff for review and report. Aldermen Brookman and Beauvais withdrew their earlier motion to defer the matter of preliminary PUD and rezoning for 170 North East River Road. Moved by Beauvais, seconded by Sayad, to adopt a substitute motion that the recommendation of the Committee of the Whole to grant request for Preliminary Planned Unit Development (PUD) and zoning change from R-1 Single Family Residential District to R-3 Townhouse Residential District, for property located at 170 North East River Road be postponed until January 21, 2001. Motion declared carried. Alderman Smith voted no. Moved by Beauvais, seconded by Sayad, that the First Reading of the ordinance regarding Zoning Case 01-57-CU to permit construction of a hotel and financial institution on property located at the southwest corner of Dempster Street and Rand Road, scheduled to be discussed on December 17, 2001, be postponed until January 7, 2 O 02. Motion declared failed. Aldermen Beauvais, Sayad and Brookman voted yes; Aldermen Murphy, Becker, Smith and Argus voted no. Moved by Beauvais, seconded by Brookman, that the First Reading of the ordinance regarding Zoning Case 01-57-CU to permit construction of a hotel and financial institution on property located at southwest corner of Dempster Street and Rand Road, scheduled to be discussed on December 17, 2001, be postponed until January 21, 2002. Upon roll call, the vote was: AYES: 2-Beauvais, Brookman NAYS: 5-Murphy, Sayad, Becker, Smith, Argus ABSENT: 1-Christiansen Motion declared failed. (this matter will be discussed under Unfinished Business on December 17, 2001) Moved by Smith, seconded by Murphy, that proper procedure be followed on the City Council agenda as prepared by the Mayor and City Manager. Motion declared carried. Moved by Argus, seconded by Becker, to concur with Staff recommendation to award bid for Printing of 2002 Curbside Calendar to the lowest bidder to meet specifications, Hagg Press, Inc., 1165 Jansen Farm Court, Elgin, IL 60123, in the amount of $9,046 for 2002, $9,220 for 2003 and $9,496 for 2004/Sanitation Fund. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. ADJOURNMENT: 1.L.l 12/3/01 PAGE TWENTY Moved by Sayad, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 12:30 a.m. (Tuesday). Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS 19