12-17-2001132
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 17, 2001
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines, Illinois, was called to order by Mayor Anthony
W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Ci vie Center on Monday,
December 17, 2001.
ROLL CALL: Roll call indicated the following aldermen present: Murphy
Sayad, Becker, Argus. Aldermen Beauvais, Christiansen,
Brookman and Smith were absent. Alderman Smith arrived
at 6:31 p.m., Alderman Christiansen arrived in Executive
Session at 6:35 p.m., Alderman Brookman arrived at 7:07
p.m. and Alderman Beauvais arrived at 8:37 p.m.
Also present were: City Manager Miller, Director of Finance Egeberg,
Police Chief Ryan, Fire Chief Farinella, Assistant Director of Public
Works Dusckett, City Engineer Oakley, Acting Director of Community
Development Molinari, Director of Human Resources & Services Merriman ,
Assistant City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
PUBLIC
HEARING/
PROPOSED
2002
APPROPRIA. :
CALL TO
ORDER:
DISCUSSION:
Moved by Sayad, seconded by Murphy, to go into Executive
Session to discuss collective bargaining and acquisition
of real property. 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 6:32 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith, Argus.
The opening prayer was given by Pastor Charles Reid,
Bethesda Worship Center, followed by the Pledge of
Allegiance to the Flag.
Mayor Arredia recognized Des Plaines resident, Jessica
Livingston, who will be representing the United States
in the World Cup Softball Tournament in Schiedam,
Netherlands in January, 2002.
Mayor Arredia recognized Police Officer Jason Roszkowiak
for his quick action and alert observation which
prevented a purse-snatching situation; his exemplary
conduct bring credit to himself, our Police Department
and the City.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 17,
2001
Mayor Arredia called the Public Hearing to order at 7:05
p.m. The Public Hearing was being held pursuant to legal
notice to give citizens the opportunity to comment on the
proposed Year 2002 Appropriations Ordinance for fiscal
year beginning January 1, 2002, in the amount o f
$94,771,165.
Director of Finance Egeberg gave a brief overview .
Mayor Arredia asked for comments from the aldermen and
the public. There were none. Final action on this
matter under Unfinished Business -Item 2, this evening.
vttt
PUB. HEAR.
(Cont'd.)
PUBLIC
HEARING/
CONSOLIDA.
ANNUAL PERF.
& EVALUATION
REP. TO HUD:
CALL TO
ORDER:
DISCUSSION:
LAND
ACQUISITION/
PROSPECT &
LEE:
CONSENT
AGENDA:
PAGE TWO
The Public Hearing was adjourned at 7:07 p.m.
The City Council was reconvened at 7:08 p.m.
133
12/17/01
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 17,
2001
Mayor Arredia called the Public Hearing to order at 7:09
p.m. The Public Hearing was being held pursuant to legal
notice to give citizens the opportunity to comment on the
City's Consolidated Annual Performance and Evaluation
Report (CAPER) for Program Year 2000, detailing the
City's use of Community Development Block Grant (CDBG)
Funds, beginning October 1, 2 O O O and ending September 3 o,
2001.
Mayor Arredia asked for comments from the aldermen and
the public. There were none. Final action on this
matter under Items 10 and lOa on the Consent Agenda this
evening.
The Public Hearing was adjourned at 7:10 p.m.
The City Council reconvened at 7:11 p.m .
Moved by Becker, seconded by Smith, to concur with
consensus in Executive Session that:
Mayor and City Clerk be authorized to execute a
purchase contract up to the budget approved in Executive
Session for the purchase of 1900 Lee Street for the
location of a new Fire Station as outlined in Ordinance
M-71 -01 (approved by the City Council on November 19,
2001); retain Mr. Joe Daniels, 932 Saratoga Parkway,
Sleepy Hollow, IL 60118, as manager on said property, i f
necessary until all leases are vacated; said contract to
be executed only when the City's land attorney (Earl L.
Neal & Associates) settles the final amounts with the
lessees on said property; and
Mayor and City Clerk be authorized to execute
contracts to vacate leases at 1900 Lee Street for a price
not-to-exceed the budget as agreed upon in Executive
Session at the discretion of City's land attorney (Earl
L. Neal & Associates). Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Beauvais
Motion declared carried.
Alderman Brookman requested that Items 6, 6a, 7 and 7a
be removed from the Consent Agenda; Alderman Murphy
requested Items 8 and 8a be removed; and Alderman Sayad
requested that Item 13 be removed.
Moved by Sayad, seconded by Becker, to establish a
Consent Agenda except for Items 6, 6a, 7, 7a, 8, Sa and
13. Motion declared carried.
Moved by Argus, seconded by Becker, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
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 and M-85-01
CONS. AGENDA
(Cont'd. )
MINUTES:
Consent
Agenda
LAND
ACQUISITION/
MANNHEIM-
HIGGINS
TIF #6:
Consent
Agenda
Ordinance
M-92-01
REORGANIZA./
COMMUNITY
DEVELOPMENT
DEPARTMENT:
Consent
Agenda
Ordinance
M-93-01
ZONING CASE
01-54-V
VARIATION/
70 E. RAWLS:
Consent
Agenda
Ordinance
Z-23-01
ARCHITECT
SERVICES/
FIRE
FACILITY:
Resolution
R-100-01
134
12/17/01
PAGE THREE
were adopted; Ordinances M-92-01, M-93-01, M-94-01 and
Z-23-01 were placed on First Reading; and Resolutions R-
104-01, R-105-01 and R-106-01 were adopted.
Moved by Argus, seconded by Becker, to approve minutes
of the regular meeting of the City Council held December
3, 2001, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to approve minutes
of the Executive Session of the City Council held
December 3, 2001. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to authorize acquisition of property
within the boundaries of Higgins Road, Mannheim Road and
Greco Avenue, for the Mannheim-Higgins TIF #6
redevelopment area, as authorized by the City Council on
October 15, 2001, through Ordinances M-57-01, M-58-01 and
M-59-01; authorize the City to retain the law firm of
Ryan & Ryan, 33 N. Dearborn Street, Suite 402, Chicago,
IL 60602 (fee to be paid from TIF Funds), to act as
City's Special Attorney for land acquisition within this
area and, if necessary, they shall acquire the properties
through condemnation proceedings; and further recommend
to place on First Reading Ordinance M-92-01, AN ORDINANCE
AUTHORIZING THE ACQUISITION OF PROPERTY BY CONDEMNATION
OR OTHERWISE FOR THE REDEVELOPMENT PLAN AND PROJECT AREA
NO. 6 (MANNHEIM-HIGGINS TIF #6) . Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to amend Title I, Chapter 23 -"Department
of Community Development," Sections 1-23-1 (A), 1-23-2 (A)
and 1-23-3, to replace the position of Director of
Community Development with the position of Director of
Economic Development; and further recommend to place on
First Reading Ordinance M-93-01, AN ORDINANCE AMENDING
TITLE I I "ADMINISTRATIVE' CHAPTER 23 I "DEPARTMENT OF
COMMUNITY DEVELOPMENT" SECTIONS 1, 2 AND 3 TO PLACE THE
COMMUNITY DEVELOPMENT DEPARTMENT UNDER THE DIRECTION OF
THE ECONOMIC DEVELOPMENT DIRECTOR. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation of Des Plaines Zoning Board of Appeals and
Staff re Zoning Case 01-54-V, to permit an accessory
structure (silo) with the height of 30' instead of the
maximum permitted building height of 15' in M-2 General
Manufacturing District on property located at 70 East
Rawls Road; and further recommend to place on First
Reading Ordinance Z-23-01, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 8.l-3(A) OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN
OVERSIZED ACCESSORY STRUCTURE AT 70 E. RAWLS ROAD IN DES
PLAINES, ILLINOIS (CASE 01-54-V). Motion declared
carried as approved unanimously under Consent Agenda.
Alderman Brookman stated that she is not against the
project, just the location; she will be voting no.
Moved by Becker, 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 construction of new
fire station, Prospect Avenue and Lee Street, at a cost
of $27,500/Bond Funds; and further recommend to adopt
Resolution R-100-01, 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 FIRE STATION
R-100-01
(Cont'd. )
" LAND STUDY
AGREEMENT/
CAMIROS:
Resolution
R-102-01
LEGAL
COUNSEL/
REDEVEL. &
ANNEXATION
PLAN:
Resolution
R-103-01
ASSIGNMENT/
WIRELESS SITE
LEASE AGREE.
PRIMECO:
Consent
Agenda
Resolution
R-104-01
PAGE FOUR
135
12/17/01
LOCATED AT THE VICINITY OF PROSPECT AND LEE STREET. Upon
roll call , the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Beauvais
Motion declared carried.
Alderman Brookman stated that far too often the City
ignores the Camiros Plan we have now, i.e. 1050 Oakton
Street, 170 East River Road, TIF #6; the guidelines are
not followed.
Motion by Brookman that the Mayor and City Clerk NOT
execute Continuing Planning Services Proposal with
Camiros, Ltd., DIED FOR LACK OF A SECOND.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute Continuing Planning Services Proposal with
Camiros, Ltd., 411 S. Wells, Chicago, IL 60607, to
provide planning services for development and
redevelopment projects throughout the City at rates
between $55 per hour for technical drafting personnel and
$210 per hour for principals/Project Budgeted Funds; and
further recommend to adopt Resolution R-102-01 , A
RESOLUTION AUTHORIZING A CONTINUING PLANNING SERVICES
AGREEMENT BETWEEN CAMI ROS, LTD. AND THE CITY OF DES
PLAINES CONCERNING DEVELOPMENT AND REDEVELOPMENT IN THE
CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote
was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS : 1-Brookman
ABSENT: 1-Beauvais
Motion declared carried.
Alderman Murphy questioned why is was necessary to employ
outside legal counsel for this plan. Assistant City
Manager-EDC Director Schneider stated that the City's
attorneys are generalists, not specialists in this field.
Moved by Becker, seconded by Christiansen, to concur with
Staff recommendation to accept proposal from Storino,
Ramello & Durkin, 9501 W. Devon Avenue, Rosemont, IL
60018, as Special Counsel to investigate sites for
annexation and design a methodology and plan of
annexation for certain areas surrounding the City, at a
rate of $150 per hour for associates and $190 per hour
for partners/Project Funds; and further recommend to
adopt Resolution R-103-01, A RESOLUTION AUTHORIZING A
PROPOSAL FOR SPECIAL COUNSEL BETWEEN STORINO, RAMELLO &
DURKIN LAW FIRM AND THE CITY OF DES PLAINES CONCERNING
THE ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DES
PLAINES, ILLINOIS. Upon roll call, the vote was:
AYES: 5-Christiansen, Sayad, Brookman, Becker, Smith
NAYS: 2-Murphy, Argus
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute letter agreements approving the assignment of
the master wireless site lease agreements with Chicago
20 MHZ, LLC, One Pierce Place, Itasca, IL 60143, for
water tower sites located at 195 Oakton Street, Howard
Avenue and Mannheim Road, and the northwest corner of
Dulles Road and Beau Drive (assigned from PrimeCo
Personal Communications on September 5, 2 o O o) , TO PrimeCo
Real Estate Holdings, LLC, One Pierce Place, Suite 1100,
Itasca, IL 60143, a wholly-owned subsidiary of Chicago
20 MHZ, LLC; all terms and conditions contained in the
master wireless site lease agreement, entered into on
R-104-01
(Cont'd. )
CONSOL. ANN.
PERF. & EVAL.
REP./CDBG:
Consent
Agenda
Resolution
R-105-01
COMPUTER SYS.
AGREEMENT/
ADMIN. HEAR.
PROGRAM:
Consent
Agenda
Resolution
R-106-01
LIQ. LIC./
2121 OXFORD:
Consent
Agenda
RECODIFICA./
LEGAL &
LICENSING:
BID AWARD/
POLICE
VEHICLES:
Consent
Agenda
ORDINANCE
M-94-01
ADMINIS.
HEARINGS
PROGRAM:
Consent
Agenda
PAGE FIVE
136
12/17/01
August 21, 1995, remain in full force and effect and
apply to PrimeCo Real Estate Holdings LLC; and further
recommend to adopt Resolution R-104-01, A RESOLUTION
AUTHORIZING THE EXECUTION OF LETTER AGREEMENTS ASSIGNING
WIRELESS SITE LEASE AGREEMENTS FROM CHICAGO 20 MHZ LLC
TO PRIMECO REAL ESTATE HOLDINGS LLC FOR WATER TOWER SITES
LOCATED AT 195 OAKTON STREET, HOWARD AND MANNHEIM ROAD,
AND THE NORTHWEST CORNER OF DULLES AND BEAU DRIVE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to approve Consolidated Annual Performance
and Evaluation Report (CAPER) for Community Development
Block Grant (CDBG) Program Year -October 1, 2000 to
September 30, 2001, and City Clerk be authorized to
submit the Report to the U.S. Department of Housing and
Urban Development (HUD) by December 28, 2001; and further
recommend to adopt Resolution R-105-01, A RESOLUTION
REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY
COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2 0 0 0, A REPORT
IN CONJUNCTION WITH THE ANNUAL COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute Professional Service Agreement with DACRA,
1990 Big Bend Drive, Des Plaines, to create an
Administrative Hearing and Parking Database Computer
System for the City's Administrative Hearings Program,
at a rate of $110 per hour ($30,000 was approved in the
2002 Budget to fund the creation and operation of this
program; and further recommend to adopt Resolution R-106-
01, A RESOLUTION AUTHORIZING THE EXECUTION OF A
"PROFESSIONAL SERVICES AGREEMENT" BETWEEN DACRA AND THE
CITY OF DES PLAINES FOR THE PURPOSE OF THE CREATION OF
THE ADMINISTRATIVE HEARING AND PARKING DATABASE COMPUTER
SYSTEM. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to approve change of ownership for Class
B Bulk Sales Dealers Liquor License for property located
at 2121 Oxford Road, d/b/ a Superior Wine Select ions;
contingent upon verification of fingerprints. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Becker, to POSTPONE the
approval of the proposed recodif ication changes to the
City Code pertaining to Legal & Licensing to January 7,
2001. Motion declared carried.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to award bid through the Illinois State
Bid Program, Contract #4008074, for purchase of eight (8)
2002 Ford Crown Victoria Police vehicles, from Landmark
Ford, Inc., 2401 Prairie Crossing Drive, Springfield, IL
62707, for a total cost of $172,840/Budgeted CERF Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Argus, seconded by Becker, to place on First
Reading Ordinance M-94-01, AN ORDINANCE ADOPTING A NEW
SECTION IN THE CITY OF DES PLAINES CITY CODE, TITLE I,
"ADMINISTRATIVE" CHAPTER 8, "COMPOSITION AND OBLIGATIONS
OF LEGAL DEPARTMENT" SECTION 7, "ADMINISTRATIVE HEARINGS"
FOR THE PURPOSE OF THE CREATION OF AN ADMINISTRATIVE
HEARINGS PROGRAM. Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE
M-74--01
YEAR 2001
TAX LEVY/
SPEC. SVS.
AREA #3:
Consent
Agenda
ORDINANCE
M-75-01
YEAR 2001
TAX LEVY/
SPEC. SVS.
AREA #4:
Consent
Agenda
ORDINANCE
M-76-01
ABATEMENT/
YEAR 2001
GO BONDS:
Consent
Agenda
ORDINANCE
M-77-01
ABATEMENT/
YEAR 2000
GO BONDS:
Consent
Agenda
ORDINANCE
M-78-01
ABATEMENT/
1999 GO
BONDS:
Consent
Agenda
ORDINANCE
M-79-01
ABATEMENT/
1998 GO
BONDS:
Consent
Agenda
ORDINANCE
M-80-01
ABATEMENT/
1997A, 1997B,
1997C GO
BONDS:
Consent
Agenda
ORDINANCE
M-81-01
ABATEMENT/
1997D GO
BONDS:
Consent
Agenda
ORDINANCE
M-82-01
ABATEMENT/
1996A AND
1996B GO
BONDS:
Con. Agen.
PAGE SIX
137
12/17/01
Moved by Argus, seconded by Becker, to adopt 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 Argus, seconded by Becker, to adopt 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 Argus, seconded by Becker, to adopt Ordinance
M-76-01, ABATEMENT OF THE 2 0 01 TAX LEVY FOR THE 2 001
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Argus, seconded by Becker, to adopt 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 Argus, seconded by Becker, to adopt 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 Argus, seconded by Becker, to adopt 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.
Moved by Argus, seconded by Becker, to adopt Ordinance
M-8 0-01, 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 Argus, seconded by Becker, to adopt 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 Argus, seconded by Becker, to adopt Ordinance
M-82-01, ABATEMENT OF THE 2001 TAX LEVY FOR GENERAL
OBLIGATION PURPOSE BONDS, SERIES 1996A, SERIES 1996B.
Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE
M-83-01
ABATEMENT/
1994A GO
BONDS:
Consent
Agenda
ORDINANCE
M-84-01
ABATEMENT/
1993 GO
BONDS:
Consent
Agenda
ORDINANCE
M-85-01
ABATEMENT/
1991 GO
BONDS:
Consent
Agenda
WARRANT
REGISTER:
ZONING CASE
01-67-CU
1428 LEE:
PAGE SEVEN
138
12/17/01
Moved by Argus, seconded by Becker, to adopt Ordinance
M-83-01, ABATEMENT OF THE 2001 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS, SERIES 19 94A. Mot ion
declared carried as approved unanimously under Consent
Agenda.
Moved by Argus, seconded by Becker, to adopt Ordinance
M-8 4 -0 l, 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 Argus, seconded by Becker, to adopt 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.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the December 17, 2001 -
Warrant Register, in the total amount of $9,236,452.54;
and further recommend that Resolution R-107-01 be adopted
at appropriate time this evening. Motion declared
carried.
COMMUNITY DEVELOPMENT Alderman Becker, Chair
Acting Director of Community Development Molinari
reviewed his memo of December 12, 2001, regarding the
request for a Conditional Use for a commercial indoor
recreation in the form of a dance hall on property
located at 1428 Lee Street; both the Des Plaines Zoning
Board of Appeals and Staff are recommending approval of
this request contingent upon five (5) conditions.
The petitioner's attorney, Barry Collins, Tuttle, Vedral
& Collins, 73 3 Lee Street, Suite 210, Des Plaines,
addressed the Committee of the Whole and answered
questions regarding this matter.
Alderman Christiansen asked if the security staff would
be wearing a uniform. Mr. Collins said they are
recommending that they do that.
Alderman Murphy stated her concern about the people
leaving the building, crowd control, parking. Mr.
Collins stated that 99% of this business would be
distribution; there maybe 10 to 15 people there at any
one time.
Alderman Sayad stated that there would be no liquor sold
and there would be Cook County and City police there.
Alderman Brookman asked if the petitioner has an
agreement with Jewel Food Stores for parking. Mr.
Collins said yes, they are now negotiating the rental
fee.
Moved by Sayad, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
1428 LEE
(Cont'd.)
PARKING PAD
VARIATION/
290 HARDING:
PAGE EIGHT
139 12/17/01
Staff and recommend to the City Council, re Zoning Case
01-67-CU, to grant request for Conditional Use to permit
commercial indoor recreation--a dance hall, in C-3
General Commercial District on property located at 1428
Lee Street; contingent upon the following conditions:
1. Petitioner must provide a written agreement with the
owners of the adjoining properties to share parking
before opening the dance hall portion of the business ;
agreement should run concurrent with the lease on t he
building;
2. Petitioner must provide the entire amount of required
parking spaces;
3. If Conditional Use is approved, petitioner must
secure a Des Plaines business license;
4. No new signage may be displayed without first
securing a permit from the Department of Community
Development;
5 . Petitioner must provide adequate crowd control
including a security system approved by the Police Chief ;
and further recommend that proposed Ordinance Z-25-01 be
placed on First Reading at appropriate time this evening .
Motion declared carried. Alderman Murphy voted no.
BUILDING CODE Alderman Murphy, Chair
Acting Director of Community Development Molinari
reviewed his memo of December 4, 2001, regarding request
for after-the-fact variation for existing parking pad
which eliminated the entire lawn in the front yard o f
property located at 290 Harding Avenue, built without a
permit; Staff is opposed to this variation because: 1 )
the paved area encompasses 88% of the front yard; 2) the
petitioner could have placed the parking area closer to
the front door without entirely eliminating the front
lawn; and 3) if the petitioner had presented a building
permit application, Staff would have had the opportunity
to discuss other alternatives with him.
Petitioner Edgardo Danan addressed the Committee of the
Whole stating that he is on disability from his job; he
has arteriosclerosis, chest pains, diabetes .
Alderman Brookman stated that the contractor should be
held responsible financially for not getting a permit.
Alderman Sayad stated that the homeowner gets penalized
when the contractor doesn't get a permit; the homeowner
thinks the contractor will get the permit; we need to get
the word out to let them know that they need a permit;
we should penalize the guy who does the job; maybe we
should review our Codes.
Alderman Murphy stated that the homeowners do have a
responsibility to know what is required by the City; we
shouldn't hold our Staff responsible for this.
Alderman Smith stated that we would be sending the wrong
message if we allow this.
Community Development Specialist Broder stated that there
has also been some paving in the backyard.
Mr. Carl Malin, 298 Harding Avenue, addressed the
Committee of the Whole stating that Mr. Danan is fine;
he goes for walks; we have a very nice street with trees;
he feels like he is living next to a business; he doesn't
think there is a need for this parking pad.
A neighbor of Mr. Danan addressed the Committee of the
Whole stating that there is no grass in the backyard ;
there is only one (1) car in the family; she doesn't see
why the front yard should be fully paved.
290 HARDING
(Cont'd.)
DRIVEWAY
VARIATION/
111 E.
MILLERS:
ORDINANCE
M-90-01
2002
APPROPRIA. :
ORDINANCE
M-88-01
VEHICLE
LICENSE FEE:
ORDINANCE
Z-21-01
VARIATION/
690 OAKWOOD:
PAGE NINE
140
12/17/01
Alderman Christiansen asked that a letter be sent to the
contractor regarding this matter. City Attorney Wiltse
said that he would do that after he verifies the
situation.
Alderman Christiansen stated that most residents abide
by the City rules; he would like to see everything built
on the property removed, even the basketball court in the
back.
Moved by Smith, seconded by Sayad, to concur with Staff
recommendation and recommend to the City Council to DENY
request for an after-the-fact variation to Section 4-7-9
of the Building Code Amendments to permit existing
parking pad which eliminated the entire lawn in the front
yard of property located at 290 Harding Avenue. Motion
declared carried.
Acting Director of Community Development to investigate
the area for more Code violations.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
FAILED MOTION OF 10/15/01 THAT WAS RECONSIDERED ON
11/5/01 AND TABLED TO 12/17/01
Moved by Sayad, seconded by Becker, to GRANT request for
Variation to Section 4-7-9 of the Building Code
Amendments to permit widening of driveway from existing
width of 18' to 23' (Code prohibits driveways with widths
greater than 18' at the property line), in the front yard
of property located at 111 E. Millers Road. Upon roll
call, the vote was:
AYES: 0-None
NAYS: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
ABSENT: 1-Beauvais
MOTION DECLARED FAILED.
Moved by Christiansen, seconded by Sayad, to adopt
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: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Sayad, seconded by Argus, to adopt Ordinance M-
88-01, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER
9 I II LICENSES II SECTION 3 I II TRANSFER OF VEHICLE LICENSE II
AND SECTION 4, "VEHICLE LICENSE FEES" OF THE DES PLAINES
CITY CODE TO INCREASE CERTAIN VEHICLE LICENSE FEES. Upon
roll call, the vote was:
AYES: 5-Christiansen, Sayad, Smith, Argus, Arredia
NAYS: 3-Murphy, Brookman, Becker
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Becker, seconded by Brookman, to adopt 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:
Z-21-01
(Cont'd. )
CHANGE ORDER
OF AGENDA:
WARRANT
REGISTER:
Resolution
R-107-01
ZONING CASE
01-67-CU
CONDIT. USE/
1428 LEE:
Ordinance
Z-25-01
PARKING PAD
VARIATION/
290 HARDING:
PETITIONS/
ALLEY BET.
ALLES AND
OAK ST.:
PAGE TEN
AYES: 6-Christiansen, Sayad, Brookman
Becker, Smith, Argus
NAYS: 1-Murphy
ABSENT: 1-Beauvais
Motion declared carried.
141
12/17/01
Moved by Becker, seconded by Sayad, to change the order
of the agenda to delay discussion on the First Reading
of Ordinance Z-24-01 regarding Dempster Street and Rand
Road, until Alderman Beauvais arrives. Motion declared
carried.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-107-01, 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:
$9,236,452.54. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning Case
01-67-CU, to grant request for Conditional Use to permit
commercial indoor recreation--a dance hall, in C-3
General Commercial District on property located at 1428
Lee Street; contingent upon the following conditions:
1. Petitioner must provide a written agreement with the
owners of the adjoining properties to share parking
before opening the dance hall portion of the business ;
agreement should run concurrent with the lease on the
building;
2. Petitioner must provide the entire amount of required
parking spaces;
3. If Conditional Use is approved, petitioner must
secure a Des Plaines business license;
4. No new signage may be displayed without first
securing a permit from the Department of Community
Development;
5. Petitioner must provide adequate crowd control
including a security system approved by the Police Chief;
and place on First Reading Ordinance Z-25-01. Motion
declared carried. Alderman Murphy voted no.
Moved by Becker, seconded by Smith, to advance to Second
Reading and adopt Ordinance Z-25-01, AN ORDINANCE
GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE
DES PLAINES ZONING ORDINANCE (Z-8-98) TO ALLOW FOR INDOOR
COMMERCIAL RECREATION, SPECIFICALLY A DANCE HALL LOCATED
AT 1428 LEE STREET, DES PLAINES, ILLINOIS (CASE 01-67-
CU). Upon roll call, the vote was:
AYES: 6-Christiansen, Sayad, Brookman,
Becker, Smith, Argus
NAYS: 1-Murphy
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Murphy, seconded by Argus, to concur with
recommendation of Committee of the Whole to DENY request
for an after-the-fact variation to Section 4-7-9 of the
Building Code Amendments to permit existing parking pad
which eliminated the entire lawn in the front yard of
property located at 290 Harding Avenue. Motion declared
carried.
Mayor Arredia referred the petitions received by the City
Clerk from Alderman Beauvais on December 3, 2001, asking
that the alley between Alles Street and Oak Street be
reconstructed, to Staff for review and report.
AGREEMENT/
ENVIRONMEN.
LAND USE
CONTROL &
REMEDIA. I
HOWARD &
MANNHEIM:
Resolution
R-108-01
RECESS:
ORDINANCE
Z-24-01
CONDIT. USE/
DEMPSTER
AND RAND:
PAGE ELEVEN
142
12/17/01
Moved by Christiansen, seconded by Sayad, that Mayor and
City Clerk be authorized to execute "Highway Authority
Agreement," the "Environmental Land Use Control
Agreement" and the "Remediation Agreement" with BP
Products North America, Inc. (formerly Amoco Oil
Company), 28100 Torch Parkway, Suite 300, Warrenville ,
IL 60555, which indicates the City's acceptance of BP
Products North America's remediation of contamination at
its service station site at Howard Avenue and Mannheim
Road, contingent upon the City first receiving the sum
of $95,360 from BP Products North America as a
contribution toward clean-up costs from an earlier
contamination at the same site; and adopt Resolution R-
108-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A
II HIGHWAY AUTHORITY AGREEMENT I II AN II ENVIRONMENTAL LAND USE
CONTROL AGREEMENT" AND A "REMEDIATION AGREEMENT" BETWEEN
THE CITY OF DES PLAINES AND BP PRODUCTS NORTH AMERICA,
INC. FOR THE PROPERTY LOCATED AT HOWARD AVENUE AND
MANNHEIM ROAD IN DES PLAINES, ILLINOIS. Upon roll call,
the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Becker, seconded by Murphy, to take a five (5)
minute recess. Motion declared carried.
The City Council recessed at 8:35 p.m.
The City Council reconvened at 8:40 p.m.
Alderman Beauvais asked petitioner Moti Agarwal if he has
met with the neighbor that will be most directly affected
by this project. Mr. Agarwal said no, but he will meet
with him any time.
Moved by Beauvais, seconded by Brookman, to suspend the
rules to permit public input on this matter for new
information only and with a three (3) to five (5) minute
limit per person. Motion declared carried.
Ms. Irene Serwa, 1011 Crabtree Lane, addressed the City
Council and gave a presentation on the history of
flooding in this area; for many years they have been
pleading for a moratorium against building on this
corner; there is a serious flooding problem in this area;
there is a flood project being planned; why can't you
understand what a problem this is.
Mayor Arredia advised Ms. Serwa that her time had
expired.
Moved by Brookman, seconded by Beauvais, to permit five
(5) more people to speak for as long as they need to make
their statements. Motion declared failed. Aldermen
Beauvais and Brookman voted yes.
Ms. Serwa stated that this area should be kept as open
space because Prairie-Farmers Creek flows through this
area; do what is morally correct--put a moratorium on
this property; please vote no on this project.
Mr. Al Herbert, 1033 Apple Creek Lane, addressed the City
Council stating that between 11/15/00 and 11/15/01 there
have been 370 police reports regarding the nine (9)
hotels in Des Plaines; do you want to expose our children
to this kind of criminal activity.
DEMPSTER &
RAND
(Cont'd.)
ADJOURNMENT:
143
12/17/01
PAGE TWELVE
A resident at 2112 Busse Highway addressed the City
Council stating that he has had 3' to 4' of water in his
backyard; are you aware that there is a water problem in
this area?; if you do, how dare you approve this project.
Mr. Edwin Bohula, 1011 Crabtree Lane, addressed the City
Council stating that we need open space; he takes it
verypersonally; sometimes he get angry; he had three (3 )
tours in Vietnam; someone owes him.
Mr. David Markworth, Director, Des Plaines Park District,
addressed the City Council stating that there has been
a 20-year interest in this property; they do not have any
long range plans; they would improve the landscaping and
keep it open space; 14 months ago the price for the
property was way over the market value--the price is now
more reasonable; we do not need to convert every space
into commercial property; at best , you will be getting
a low-end hotel next to the bank; you will not be getting
anything aesthetically beautiful; he feels that the best
use of this land would be to keep it open space and not
build anything on it.
Moved by Beauvais, seconded by Brookman, to DENY the
request for a Conditional Use to allow for a hotel and
financial institution on property located at the
southwest corner of Dempster Street and Rand Road , and
VOID Ordinance Z-24-01. Upon roll call, the vote was:
AYES: 3-Beauvais , Brookman, Smith
NAYS: 5-Christiansen, Murphy, Sayad, Becker, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Brookman, seconded by Beauvais, that this matter
be postponed until January 7, 2002, until the Des Plaines
Park District Board discusses this matter. Upon roll
call, the vote was:
AYES: 2-Beauvais, Brookman
NAYS: 6-Christiansen, Murphy, Sayad ,
Becker, Smith, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance Z-24-01, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES
ZONING ORDINANCE TO ALLOW FOR A HOTEL AND FINANCIAL
INSTITUTION AND A VARIATION TO ZONING CODE SECTION 7. 3 -SE
TO ALLOW 99 HOTEL PARKING SPACES INSTEAD OF THE REQUIRED
100, A VARIATION TO SECTION 9.7 LOCATED AT THE SOUTHWEST
CORNER OF DEMPSTER STREET AND RAND ROAD, DES PLAINES ,
ILLINOIS (CASE 01-57-CU). Upon roll call, the vote was:
AYES: 5-Christiansen, Murphy, Sayad, Becker, Argus
NAYS: 3-Beauvais, Brookman, Smith
ABSENT: 0-None
Motion declared carried (final action on this matter
under Unfinished Business on January 7, 2001).
Moved by Becker, seconded by Smith, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:10 p.m.
~~(/?__ea_·. f)~
APPROVED BY ME THIS \ 'D
DAY 2002
Ant ony W. Arredia, MAYOR