11-19-2001099
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
NOVEMBER 19, 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 6:34 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Ci vie Center on Monday,
November 19, 2001.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Becker, Smith.
Aldermen Brookman and Argus were absent. Alderman
Beauvais left the meeting at 10:55 p.m.
Also present were: City Manager Miller, Assistant City Manager-EDC
Director Schneider, 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, Director of Emergency Communications
Ornberg, Assistant City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
PRESENTATION:
Moved by Beauvais, seconded by Becker, to go into
Executive Session to discuss personnel and acquisition
of real property. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried.
The City Council recessed at 6:35 p.m.
The City Council reconvened at 7:04 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Becker, Smith.
The opening prayer was given by Dr. Nesreen Morris, Bahai
of Des Plaines, followed by the Pledge of Allegiance to
the Flag.
Mayor Arredia recognized Police Officer Tara Baggott for
her participation in numerous activities at Our Lady of
Destiny Catholic School, i.e. D.A.R.E. classes, Halloween
parties; because of her gentle manner and her excellence
as a role-model, children have tremendous respect and
trust for policemen.
Mayor Arredia presented a Certificate of Appreciation to
Alejandra Trejo for her work in the hispanic community
against gang and drug activity.
Mayor Arredia presented a bouquet of flowers to Mary
Arvidson, City's Municipal Information System Specialist,
who has been called to active military duty for possibly
two (2) years, and extended the City's warm wishes for
a speedy return.
Mayor Arredia and representatives from the Police and
Fire departments presented Joe and Maria Anzaldi, owners
of Manzo' s Banquets and Catering, a plaque of
appreciation which included a picture of "ground zero"
in New York commemorating September 11, 2001, for
generously donating all their proceeds from the City's
recent dinner held at Manzo' s to raise money for the
families of the policemen and firemen who were lost or
injured in the recent tragedy.
REPORT/
CITY
LOBBYIST:
CITIZEN
PARTICIPA.:
SALARY
ADJUSTMENT/
POLICE
SUPERVISORS:
SALARY
ADJUSTMENT/
PUBLIC WKS.
SUPERVISORS:
LAND ACQUIS./
1396 MINER.
TIF #1:
Resolution
R-96-01
100
11/19/01
PAGE TWO
Mayor Arredia introduced the City's lobbyist, Mr. John
Kelly, All-Circo, Inc., 111 W. Washington Street, Suite
1920, Chicago, IL 60602, who stated that Mayor Arredia
has supplied him with a list of lobby needs; he has been
successful in obtaining additional funds for Des Plaines
through the Illinois First Program in the amount of
$75,000 for laptop computers in police cars and $75,000
for the Police Neighborhood Resource Centers; this is
just the beginning of their efforts on behalf of the
City.
Mr. Wayne Serbin, 35 Pearson Street, addressed the City
Council urging everyone to get a flu shot; this is one
small way you can fight terrorism.
Mr. Jason Schram, 480 N. East River Road, addressed the
City Council stating that he lives in unincorporated Cook
County; there is a developer who is trying to buy land
in his area; the development would be totally out of
character with this area; the residents in the area would
be willing to work with the City for some other kind of
development; the developer is looking to develop other
lots; maybe 150 more townhomes; this is going to have a
detrimental effect on this area; it will have an impact
on the City; there is no busing for students.
A resident at 337 N. East River Road, addressed the City
Council stating that people bought land in this area to
enjoy large lots; the traffic is bad now; they are
proposing as many as 200 units in this area; limit the
development to the use that is now there; if you let this
developer do this, others will follow; please leave these
lots as they are.
Mr. Greg Lietzau, 2040 Miner Street, addressed the City
Council asking whether there would be a grocery store
downtown; what happened to the condos that they were
going to build on the Nugent-Wenkus property; the City
could have used the property on Northwest Highway where
they are putting in a truck terminal for a new fire and
police facility and a railroad center too; the old
Library should be used as a community center.
Moved by Beauvais, seconded by Christiansen, to concur
with consensus in Executive Session that City Attorney
be authorized to draft necessary ordinance to grant a
1.34% increase to the Police supervisory positions
retroactively effective to May 1, 2001. Upon roll call,
the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried (further action under Consent
Agenda on December 3, 2001).
Moved by Beauvais, seconded by Christiansen, to concur
with majority agreement in Executive Session to DENY
request from the Public Works supervisors for a 3% salary
increase in addition to the 3.5% GWI already issued this
spring and this same salary increase be applied in 2002.
Motion declared carried. Aldermen Beauvais and Sayad
voted no. Mayor Arredia voted yes.
Moved by Becker, seconded by Christiansen, to concur with
consensus in Executive Session that Mayor and City Clerk
be authorized to execute a Real Estate Purchase Contract
with American National Bank and Trust Company of Chicago,
3 O S. Wacker Drive, Chicago, IL 6 o 6 o 6, to purchase
property located at 1396 Miner Street, for the purpose
of the Walgreen's Redevelopment Project located within
the TIF #1 District, for the amount of $410,000 (to be
1396 MINER
(Cont'd.)
LAND ACQUIS./
658-660
PEARSON ST.
TIF #1:
Resolution
R-97-01
LETTER OF
INTENT TO
PURCHASE
WILLE ROAD
PROPERTY/
TIF #3:
CONSENT
AGENDA:
PAGE THREE
101
11/19/01
reimbursed by developer pursuant to the redevelopment
agreement); and adopt Resolution R-96-01, A RESOLUTION
AUTHORIZING THE EXECUTION OF A REAL ESTATE PURCHASE
CONTRACT BETWEEN AMERICAN NATIONAL BANK AND TRUST COMPANY
OF CHICAGO AS TRUSTEE UNDER TRUST AGREEMENT NUMBER
100868-09, AND THE CITY OF DES PLAINES FOR THE PROPERTY
COMMONLY KNOWN AS 1396 MINER STREET, FOR THE PURPOSE OF
THE CITY PURCHASING SAID PROPERTY. Upon roll call, the
vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried.
Moved by Becker, seconded by Christiansen, to concur with
consensus in Executive Session that Mayor and City Clerk
be authorized to execute Real Estate Purchase Contract
with Charles Frisbee Trust, % The Northern Trust Company,
50 S. LaSalle Street, Chicago, IL 60675, to purchase
property located at 658-660 Pearson Street for future
City use for redevelopment purposes in TIF #1 District,
for the amount of $350, 000/TIF #1 Funds; and retain
McLennan Commercial Properties, Inc., 25 N. Northwest
Highway, Park Ridge, IL 60068, as the management company
on said ro rt (to be paid from TIF Funds . Upon roll
call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with
consensus in Executive Session that Mayor and City Clerk
be authorized to execute Letter of Intent with Mr.
Anthony Greco, 2100 S. Mt. Prospect Road, Des Plaines,
60018, to purchase 25.03 acres of land located in the
Wille Road TIF #3 District, bounded by Mt. Prospect Road
to a point just east of Elmhurst Road, south to the
Northwest Tollway (I-90), for the total amount of $6.00
per square foot, which is approximately $6,691,842, to
be reimbursed by the developer and TIF Funds; said Letter
of Intent to be signed only when City's land attorney,
Ryan & Ryan, negotiates the final settled amounts; and
Mayor and City Clerk be authorized to execute the final
contract within the guidelines as set forth in the Letter
of Intent once it is presented by Ryan & Ryan at a future
City Council meeting, if such settlement is reached.
Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried.
Alderman Sayad requested that Items 10 and lOa be removed
from the Consent Agenda.
Moved by Beauvais, seconded by Becker, to establish a
Consent Agenda except for Items 10 and lOa. Motion
declared carried.
Moved by Murphy, seconded by Sayad, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-66-01, M-67-01, M-68-01, M-71-01, Z-18-01 and Z-19-01
December 3, 2001
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 STREETM, FOR THE PURPOSE OF THE CITY PURCHASING SAID
PROPERTY."
CONS. AGEN.
(Cont'd.)
MINUTES:
Consent
Agenda
BOND
REIMBURSE./
GO BOND
PROCEEDS,
VARIOUS
PROJECTS:
Consent
Agenda
Resolution
R-90-01
2001B AND
2001C GEN.
OBLIG. BOND
ISSUE:
Consent
Agenda
Ordinance
M-72-01
EMERGENCY
COMMUNICA.
TECHNOLOGY
SPECIALIST
(9-1-1):
Consent
Agenda
Ordinance
M-73-01
POLICE
LIAISON OFF.
AGREEMENT/
SCHOOL #214:
Consent
Agenda
Resolution
R-91-01
102
11/19/01
PAGE FOUR
on First Reading; and Resolutions R-90-01, R-91-01, R-92-
01, R-93-01 and R-94-01 were adopted.
Moved by Murphy, seconded by Sayad, to approve minutes
of the regular meeting of the City Council held November
5, 2001, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to approve minutes
of the Executive Session of the City Council held
November 5, 2001. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation to permit the City to reimburse itself
from future proceeds of General Obligation Bonds for TIF
#1 land acquisition ($775,000), TIF #5 land acquisition
( $1, 500, 000) , new Fire Station land acquisition
($8, 600, 000) and new Police Station land acquisition
($13, 000, 000), plus building construction and
professional services; these costs are anticipated to
incur before the issuance of the bonds; and further
recommend to adopt Resolution R-90-01, A RESOLUTION OF
THE CITY OF DES PLAINES, ILLINOIS, DECLARING ITS OFFICIAL
INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES FROM THE
PROCEEDS OF FUTURE DEBT ISSUES. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation that City be authorized to issue
$7,220,000 (estimated) General Obligation Corporate
Purpose Bonds, Series 2001B and Taxable General
Obligation Corporate Purpose Bonds, Series 2001C, to be
used to refund 1994A TIF #1 (provided in Ordinance M-60-
97), TIF #1 land acquisition, TIF #3 land acquisition;
new Fire Station land acquisition; and further recommend
to place on First Reading 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. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation to amend Title I, Chapter 15 -"Position
Classification and Compensation Plan," Section 4,
Schedule V-A, to ADD the new position of Emergency
Communications Technology Specialist with the recommended
salary range of: $47,453 -Minimum, $55,830 -Midpoint
and $64,206 -Maximum; and further recommend to place on
First Reading Ordinance M-73-01, AN ORDINANCE AMENDING
TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION
CLASSIFICATION AND COMPENSATION PLAN," SECTION 4,
"CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE
V-A "TECHNICAL, ENGINEERING AND INSPECTION GROUP," TO ADD
THE NEW POSITION EMERGENCY COMMUNICATIONS TECHNOLOGY
SPECIALIST IN THE DES PLAINES CITY CODE. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute agreement with Township High School District
#214 to provide a full-time School Resource Police
Officer at Nipper High School, 1101 Gregory Street,
during the school year; the School District to pay for
the officer's base salary plus any overtime hours worked
by the officer at the request of the District; and
further recommend to adopt Resolution R-91-01, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN TOWNSHIP HIGH SCHOOL DISTRICT 214 AND
THE CITY OF DES PLAINES FOR THE CITY TO PROVIDE A POLICE
LIAISON OFF.
(Cont'd.)
LICENSE
AGREEMENT/
ASCAP RE
COPYRIGHTED
MATERIALS:
Consent
Agenda
Resolution
R-92-01
HOLD
HARMLESS
EMERGENCY
SVS. AGREE./
PACE:
Consent
Agenda
Resolution
R-93-01
AGREEMENT/
TEMP. CONSUL.
SERVICES
9-1-1:
Consent
Agenda
Resolution
R-94-01
WARRANT
REGISTER/
11/19/01:
Resolution
R-95-01
PAGE FIVE
103
11/19/01
LIAISON OFFICER AT NIPPER HIGH SCHOOL AT 1101 GREGORY,
DES PLAINES, IL 60016. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute License Agreement-Local Governmental Entities
with the American Society of Composers, Authors and
Publishers (ASCAP), 2690 Cumberland Parkway, Suite 490 ,
Atlanta, GA 30339, to permit City to use any copyrighted
song or material at any event sponsored by the City, at
a cost of $500 per year; and further recommend to adopt
Resolution R-92-01, A RESOLUTION AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT BETWEEN THE AMERICAN
SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP) AND
THE CITY OF DES PLAINES TO ALLOW THE CITY TO USE
COPYRIGHTED MATERIALS AT CITY-SPONSORED EVENTS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute Release and Hold Harmless Agreement with PACE,
the Suburban Bus Division of the Regional Transportation
Authority, 550 W. Algonquin Road, Arlington Heights, IL
60005, to provide transportation services to the City
during an emergency or evacuation at no cost to the City
except if the event is of a long duration; and further
recommend to adopt Resolution R-93-01, A RESOLUTION
AUTHORIZING THE EXECUTION OF A RELEASE AND HOLD HARMLESS
AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE
SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION
AUTHORITY (PACE) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute agreement with Application Hosting Group,
Inc., 600 E. Diehl Road, #120, Naperville , IL 60563 , to
hire one of their consultants to provide various
technical and customer service skills for the Emergency
Communications Center ( 9-1-1) , on a temporary basis,
during the absence of the City's Municipal Information
System Specialist for military duty (up to two (2 )
years), at an hourly rate of $75; and further recommend
to adopt Resolution R-94-01, A RESOLUTION AUTHORIZING THE
EXECUTION OF A CLIENT-CONTRACTOR'S AGREEMENT BETWEEN THE
DES PLAINES, ILLINOIS, DES PLAINES-PARK RIDGE EMERGENCY
COMMUNICATIONS CENTER AND APPLICATION HOSTING GROUP FOR
TEMPORARY CONSULTING SERVICES. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to amend Voucher
#37431 for the Suburban O'Hare Commission (SOC), 117 E.
Green Street, Bensenville, IL 60106, from $24 , 956 to
$13, 563, which would represent the City's membership dues
in soc to this date; and further recommend that the
City's remove its membership from the Suburban O'Hare
Commission.
Alderman Smith stated that he thinks it is premature to
withdraw from SOC right now.
Alderman Murphy stated that SOC doesn't think our support
is important; why should we want to continue to support
this organization.
Alderman Christiansen stated that his last vote was to
stay in SOC; he feels that we would fight a better fight
against O'Hare expansion by staying in SOC; we didn't
have to contribute the $250,000 to their defense fund,
but he thought the City would use the $100, 000 for
membership dues for a year in SOC; he will be voting no
on this motion.
WARRANT
(Cont'd.)
PATIO
VARIATION/
235 s.
WILKENS:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-66-01
PARK OWNER.
TRANSFER TO
D.P. PARK
DISTRICT:
Consent
Agenda
ORDINANCE
M-67-01
LICENSE
AGREEMENT/
495
ELIZABETH:
Consent
Agenda
ORDINANCE
M-68-01
RENTAL
UNIT FEE:
Consent
Agenda
PAGE SIX
104
11/19/01
Mayor Arredia stated that in the past his position was
always to stay in SOC, but with what has been said in the
newspapers recently, if the vote comes to him as a tie,
he will vote to get out of SOC.
Upon roll call on Alderman Sayad's motion, the vote was:
AYES: 5-Beauvais, Murphy, Sayad, Becker, Arredia
NAYS: 2-Christiansen, Smith
ABSENT: 2-Brookman, Argus
Motion declared carried.
Moved by Sayad, seconded by Becker, to adopt Resolution
R-95-01 -AS AMENDED, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$3,091,258.78. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Arredia
NAYS: 1-Smith
ABSENT: 2-Brookman, Argus
Motion declared carried.
Alderman Christiansen asked that the record show that
while he is voting yes to approve the Warrant Register,
he is opposed to getting out of SOC and the reduction in
the SOC membership dues.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation to grant request for Variation to Section
4-7-9 of the Building Code Amendments to permit patio to
extend 17' from the building foundation (Code permits
patios to extend 15' from the building foundation), for
property located at 235 S. Wilkens Drive. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for Printing of the 2 O 02 Curbside Calendar,
returnable by 3:00 p.m., Thursday, November 29, 2001.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Murphy, seconded by Sayad, to adopt Ordinance
M-66-01, AN ORDINANCE CONVEYING CERTAIN REAL PROPERTY
FROM THE CITY OF DES PLAINES TO THE DES PLAINES PARK
DISTRICT AS PER TITLE IX, "PUBLIC WAYS AND PROPERTY
REGULATIONS" CHAPTER 19, "PROCEDURE FOR DISPOSITION OF
REAL PROPERTY" SECTION 1, "DISPOSITION" OF THE DES
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to adopt Ordinance
M-67-01, AN ORDINANCE AUTHORIZING THE EXECUTION OF A
RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A
DRIVEWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNERS
ROBERT AND CAROL HARRIS, 495 ELIZABETH LANE, DES PLAINES,
ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to adopt Ordinance
M-68-01, AN ORDINANCE AMENDING TITLE V, "BUSINESS
REGULATIONS" CHAPTER 1, "GENERAL LICENSING PROVISIONS"
SECTION 3 I "LICENSE FEES AND TERM" AND TITLE VIII I
"HEALTH AND SANITATION" CHAPTER 9, "PROPERTY MAINTENANCE
AND OCCUPANCY" SECTION 14, "LICENSING OF RESIDENTIAL
PROPERTIES USED FOR RENTAL PURPOSES" OF THE DES PLAINES
CITY CODE TO INCREASE THE RENTAL UNIT LICENSING FEE.
Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE
M-71-01
LAND ACQ. &
ATTORNEY/
PROSPECT &
LEE:
Consent
Agenda
ORDINANCE
Z-18-01
VARIATION/
1542 MAPLE:
Consent
Agenda
ORDINANCE
Z-19-01
VARIATION/
874
MARGRET:
Consent
Agenda
ORDINANCE
M-73-01
EMERGENCY
COMMUN. TECH.
SPECIALIST:
APPOINTMENTS/
REAPPOINT. :
Consent
Agenda
ZONING CASE
01-56-A
TEXT AMEND./
DANCE HALLS:
(1428 Lee)
105
11/19/01
PAGE SEVEN
Moved by Murphy, seconded by Sayad, to adopt Ordinance
M-71-01, AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY BY CONDEMNATION OR OTHERWISE FOR THE PUBLIC
PURPOSE OF LOCATING FIRE STATION NO. 2 IN THE CITY OF DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Murphy, seconded by Sayad, to adopt Ordinance
Z-18-01, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS
8.2-l(B) AND 8.2-6(A) OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT A SIX FOOT HIGH PRIVACY FENCE IN THE
PRIMARY AND SECONDARY FRONT YARD INSTEAD OF THE PERMITTED
FOUR FEET AND 50% OPEN, AT 1542 MAPLE STREET, DES
PLAINES, ILLINOIS (CASE 01-39-V). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to adopt Ordinance
Z-19-01, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION
8.1-3A OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
PERMIT THE CONSTRUCTION OF A DETACHED GARAGE WITH A
HEIGHT OF 2 0 FEET INSTEAD OF THE PERMITTED 15 FEET,
LOCATED AT 874 MARGRET STREET, DES PLAINES, ILLINOIS
(CASE 01-46-V) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-73-01, AN ORDINANCE
AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15
"POSITION CLASSIFICATION AND COMPENSATION PLAN, " SECTION
4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE
V-A "TECHNICAL, ENGINEERING AND INSPECTION GROUP," TO ADD
THE NEW POSITION EMERGENCY COMMUNICATIONS TECHNOLOGY
SPECIALIST IN THE DES PLAINES CITY CODE. Upon roll call ,
the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried.
Presented for consideration (no action required) were the
following appointments/reappointments:
Appointment:
KEEP DES PLAINES BEAUTIFUL COMMISSION
Andrew Calas (replacing Candice Messerschmidt)
Reappointments:
ARCHITECTURAL COMMISSION
William Muehlenbeck, Michael Nicholas, George Prosiliakos
(final action on these matters under Consent Agenda on
December 3, 2001)
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
COMMUNITY DEVELOPMENT Alderman Becker, Chair
Alderman Becker reviewed Acting Director of Community
Development Molinari's memo of November 8, 2001,
regarding the Des Plaines Plan Commission's
recommendation for a text amendment to the City's Zoning
Ordinance that dance halls be allowed as Commercial
Indoor Recreation in C-3 General Commercial and C-4
Regional Shopping Zoning Districts only, provided a
Conditional Use permit is authorized under existing
procedures.
DANCE HALLS
(Cont'd.)
106
11/19/01
PAGE EIGHT
This text amendment is necessary in order for the Nitsirk
Group, Inc. , 121 7 Di vision Street, Melrose Park, IL
60160, to open a dance hall/retail record store inside
the former Gallagher's Clothing Store at 1428 Lee Street.
Petitioner Tom Fornarelli and his attorney, Barry
Collins, Tuttle, Vedral & Collins, 733 Lee Street, Suite
210, Des Plaines, addressed the Committee of the Whole
and explained that they are in the entertainment/compact
disc business; he promotes the product through
promotional events; no alcohol will be served; off-duty
police officers will be used.
Alderman Murphy questioned the hours of operation; how
the promotions will be handled; how will curfew be
enforced. Attorney Collins stated that the hours would
be Monday through Friday, 8:00 or 9:00 a.m. to 5:00 or
6: 00 p. m.; the promotion part will occur when the
performers are available; there will be security both
inside and outside.
Alderman Sayad stated that he hopes the petitioner will
work with the Police Department with the crowd that may
be waiting outside for the performer.
Alderman Smith asked about what would happen if there are
some problems; how do we control that. City Attorney
Wiltse said the City would cite them for violations and
then we could revoke their Conditional Use.
Mr. John Graziadei, 1050 Wicke Avenue, addressed the
Committee of the Whole stating that he would like to have
a gate on the property to keep the crowds away from the
neighborhood; it must be locked.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole questioning why they needed such
a sophisticated security system for this type of
business.
Mr. Vince Naccarato, 486 Cordial Drive, addressed the
Committee of the Whole asking if there would be a cover
charge; how and where are they going to be advertising;
he can see people waiting outside for hours.
Moved by Beauvais, seconded by Sayad, to concur with
recommendation of the Des Plaines Plan Commission and
Staff, and recommend to the City Council, re Zoning Case
01-56-A, approval of a Text Amendment to the Zoning Code
to provide for a new category, "Commercial Indoor
Recreation" in C-3 and C-4 General Commercial Districts
as a Conditional Use only; and City Attorney be
authorized to draft necessary ordinance. Motion declared
carried.
Moved by Beauvais, seconded by Christiansen, that Staff
be authorized to review and prepare the necessary
documents regarding the request for a Conditional Use for
property located at 1428 Lee Street, to be discussed at
a Committee of the Whole meeting on December 17, 2001.
Alderman Smith stated that he thinks this should go to
the Des Plaines Zoning Board of Appeals first.
Aldermen Sayad and Murphy stated that they agree with
Alderman Smith.
Motion declared carried. Aldermen Murphy and Smith voted
no. (This matter will be heard by the Des Plaines Zoning
Board of Appeals on December 11, 2001)
ZONING CASE
01-45-V
VARIATION/
690 OAKWOOD:
ZONING CASE
01-57-CU
CONDIT. USE/
DEMPSTER
AND RAND:
PAGE NINE
107
11/19/01
Alderman Murphy stated that this matter was tabled on
November 5, 2001; that she did contact the neighbors and
those that called her back indicated that the issues have
been resolved.
Moved by Beauvais, seconded by Sayad, to concur with
Staff recommendation and recommend to the City Council,
re Zoning Case 01-45-V, to grant request for a Variation
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 City
Attorney be authorized to draft necessary document.
Motion declared carried (further action on this matter
under Consent Agenda on December 3, 2001).
Acting Director of Community Development Molinari
reviewed his memo of October 31, 2001, regarding request
for Conditional Use to permit development of a new hotel
and financial institution in C-2 Limited Off ice
Commercial District on property located at the southwest
corner of Dempster Street and Rand Road; the Des Plaines
Zoning Board of Appeals recommended that this request be
granted.
Alderman
in that
drainage
Director
the site
Beauvais stated her concern about the
area; what will be done about the
at this corner?; there is a problem.
Molinari said that the petitioner will
and enlarge the water retention pond.
flooding
existing
Acting
engineer
Petitioner Moti Agarwal, his architect, Himanshu Modi,
and a representative of his engineering firm, addressed
the Committee of the Whole and explained how the site
will be engineered for storm water management.
Alderman Beauvais stated that it doesn't matter what
project is proposed for this site, the sewer problem has
to be addressed first.
Alderman Christiansen stated that the City is going to
start looking at the flooding problem through the Capital
Improvement Program, which will be discussed on November
26, 2001.
Mrs. Sue Grish, 980 Crabtree Lane, addressed the
Committee of the Whole stating that open space is a
sponge; they have a pollution problem--noise, toxic mold;
we need some forward thinking; the City has done nothing
in 12 years; this property needs to be kept open space;
look at the big picture.
Mrs. Angie Ancona, 1053 Crabtree Lane, addressed the
Committee of the Whole asking what direction does the
City really want to go in; that corner should be a park;
it is the entrance to the City; she understands the need
for a tax basis, but you have a duty to focus on what is
best for the residents; a retention pond is not going to
hold this water; what is the best use for this property.
Mr. Jim Weideman, 840 Acres Lane, addressed the Committee
of the Whole stating that the residents want to stay in
their homes, but what are they going to do with all the
water; this project will be 25' from his home.
A resident at 2040 Miner Street addressed the Committee
of the Whole stating that she hopes the aldermen
understand that they have been dealing with water;
wildlife has been destroyed because the trees have been
cut down; traffic will be a problem.
DEMPSTER &:
RAND
(Cont'd.)
PAGE TEN
108
11/19/01
Mr. Sam Seranella, 1985 Busse Highway, addressed the
Committee of the Whole stating that the City has done
nothing about flooding; we flood there all the time; he
is mad.
A resident at 981 Crabtree Lane addressed the Committee
of the Whole stating that he has lived here three (3)
years; he likes it here, but we flood a lot; regardless
of what you put on that property, it will flood; you
don't do anything about flooding; he has spent $15,000
in flood control for his house; the developer should look
somewhere else for their bank.
Mr. Tom Everest, 956 Acres Lane, addressed the Committee
of the Whole stating that he has had more flooding in his
house than anyone; you have promised floodgates; there
are no floodgates; he will do anything he can legally to
stop this project.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that he walks a lot; he
is very familiar with this area; the only thing you can
do with this property is make it a park; he can't blame
these people for being upset.
Mr. Jim Behrenfeld, 957 Acres Lane, addressed the
Committee of the Whole stating that no one has talked
about property values; this area is dangerous now; if you
put up a bank, you will be adding more problems.
Mr. Greg Lietzau, 2040 Miner Street, addressed the
Committee of the Whole asking whether an engineering plan
was submitted for this project; he doesn't think the
developer is prepared enough to show us what they are
going to put there.
Architect Modi stated that the flooding is not caused by
this project; the problem is with the master plan; they
will develop everything according to Code; this is an
ideal place for a hotel because of the I-294 ramp and not
the homes.
Alderman Sayad stated that the aldermen do not want
anyone to flood; they are trying to work with the
developer to work out some of these problems; we could
make it part of the Conditional Use.
Alderman Christiansen stated that there are things being
done to help with flooding; it affects everyone who lives
near the river; the water has to go somewhere.
Alderman Smith stated that the issue is not flooding, it
is the appropriate use for this property; he disagrees
that it should be used as a park.
Alderman Beauvais stated that there is a need for a
better plan for what we want in our City; the Camiros
Plan is old.
Moved by Sayad, seconded by Smith, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, re Zoning Case 01-57-CU, to grant request to
permit construction of a hotel and financial institution
in C-2 Limited Off ice Commercial District and a Variation
to permit parking spaces in the required front yard on
property located at southwest corner of Dempster Street
and Rand Road; and further recommend the water retention
be expanded and parking spaces adjacent to a resident's
home be removed; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried.
Alderman Becker stated that a Committee of the Whole
meeting will be held when all the final plans are
submitted for review by the residents in the area.
FENCING
AROUND
CONSTRUCTION
SITES:
ADMINISTRA.
HEARING
PROGRAM:
FINAL PLAT/
JS & J
SUBDIVISION
CURTIS AND
PRATT:
109
11/19/01
PAGE ELEVEN
BUILDING CODE Alderman Murphy, Chair
Alderman Becker stated that he is not concerned about the
cost to the developers; he is in agreement with this
amendment.
Alderman Murphy stated that she would like a clearer
definition of what is an addition or alteration.
Alderman Beauvais stated that she is against this
ordinance; she doesn't think we should make someone put
up a 6' fence on private property.
Alderman Smith stated that he is not in favor of this ;
it is too much.
Moved by Murphy, seconded by Sayad, to recommend to the
City Council to TABLE the matter of requiring fencing at
active construction sites, whether residential or
commercial, until the Building Code Committee can meet
in January, 2002. Motion declared carried.
LEGAL & LICENSING Alderman Smith, Chair
Alderman Smith stated that the Legal & Licensing
Committee did meet on the creation of an Administrative
Hearings Department in the City; the purpose would be to
hear and adjudicate violations of the City Code,
including Housing Code violations, Fire Prevention Code
violations, and parking and non-moving traffic
violations; moving traffic violations and violations
where incarceration is a possible penalty would not be
eligible; the Legal & Licensing Committee recommends
approval.
Alderman Sayad stated that he is for this; judges don't
understand our policies; it would be a plus for our
residents.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation and recommend to the City Council that the
City implement the Administrative Hearing Program here
in City Hall at a one-time set up cost for the computer
program at approximately $18,000 and an annual cost of
approximately $28,200 (funds to be reimbursed from
revenue received from fines of approximately $75,000);
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Alderman Becker stated that there is a motion on the
floor that was deferred on October 15, 2001 and tabled
on November 5, 2001:
Moved by Murphy, seconded by Christiansen, to concur with
recommendation of the Committee of the Whole, to DENY
recommendation of the Des Plaines Plan Commission and
Staff to approve Final Plat and Subdivision Variation to
allow the depth of all three (3) lots to be only 103'
instead of the required 125' for JS & J First Addition
Subdivision, southwest corner of Curtis Street and Pratt
Avenue.
Substitute motion by Becker to approve a two (2) -lot
subdivision for JS & J First Addition Subdivision,
southwest corner of Curtis Street and Pratt Avenue,
JS &: J PLAT
(Cont'd.)
FENCING
AROUND
CONSTRUCTION
SITES:
ADMINISTRA.
HEARING
PROGRAM:
ZONING CASE
01-56-A
TEXT AMEND./
DANCE HALLS:
(1428 Lee)
110
11/19/01
PAGE TWELVE
removing 65' from the west end of the lot where the
existing home is located; at minimal cost to the
developer, died for lack of a second.
Alderman Christiansen stated that he would like to see
a full footprint of what is being proposed.
Acting Director Molinari stated that this would have to
go back to the Des Plaines Plan Commission and then
return to the City Council.
Moved by Becker, seconded by Murphy, to suspend the rules
to permit the petitioner's attorney to address the City
Council. Motion declared carried.
Mr. Barry Collins, Tuttle, Vedral & Collins, 733 Lee
Street, Suite 210, Des Plaines, addressed the City
Council stating that his client is willing to divide this
property into two (2) lots instead of three (3); they
understand that they have to go back through the Des
Plaines Plan Commission procedure; they are asking that
the City give them an opportunity to work out something
so they don't have to wait a year to come back again;
they would like the City's cooperation to expedite this
project.
Moved by Murphy, seconded by Sayad, to adopt a substitute
motion that the revised proposal for the Final Plat for
JS & J First Addition Subdivision, southwest corner of
Curtis Street and Pratt Avenue, be referred back to the
Des Plaines Plan Commission and all fees be waived.
Substitute motion to the substitute motion by Alderman
Smith to concur with the recommendation of the Des
Plaines Plan Commission and Staff to approve Final Plat
and Subdivision Variation to allow the depth of all three
(3) lots to be only 103' instead of the required 125' for
JS & J First Addition Subdivision, southwest corner of
Curtis Street and Pratt Avenue died for lack of a second.
Motion declared carried on Alderman Murphy's substitute
motion.
Moved by Murphy, seconded by Sayad, concur with
recommendation of Committee of the Whole to TABLE the
matter of requiring fencing at active construction sites,
whether residential or commercial, until the Building
Code Commit tee can meet in January, 2 o o 2 . Mot ion
declared carried.
Moved by Smith, seconded by Murphy, to concur with
recommendation of Committee of the Whole that the City
implement the Administrative Hearing Program here in City
Hall at a one-time set up cost for the computer program
of approximately $18,000 and an annual cost of
approximately $28,200 (funds to be reimbursed from
revenue received from fines of approximately $75,000);
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried (further action on
this matter under Consent Agenda on December 17, 2001).
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole, re Zoning Case
01-56-A, to approve a Text Amendment to the Zoning Code
to provide for a new category, "Commercial Indoor
Recreation" in C-3 and C-4 General Commercial Districts
as a Conditional Use only; and City Attorney be
authorized to draft necessary ordinance. Motion declared
carried (further action on this matter under Consent
Agenda on December 3, 2001).
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole that the Staff
DANCE HALLS
(Cont'd.)
ZONING CASE
01-57-CU
CONDIT. USE/
DEMPSTER
AND RAND:
ZONING CASE
01-45-V
VARIATION/
690 OAKWOOD:
BADGES FOR
CITY
OFFICIALS:
ADJOURNMENT:
PAGE THIRTEEN
111
11/19/01
be authorized to review and prepare the necessary
documents regarding the request for a Conditional Use for
property located at 1428 Lee Street, to be discussed at
a Committee of the Whole meeting on December 17, 2001.
Motion declared carried.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole, Zoning Case 01-
57-CU, to grant request to permit construction of a hotel
and financial institution in C-2 Limited Off ice
Commercial District and a Variation to permit parking
spaces in the required front yard on property located at
southwest corner of Dempster Street and Rand Road ; and
further recommend the water retention be expanded and
parking spaces adjacent to a resident's home be removed;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried (further action on
this matter under Unfinished Business on December 17,
2001) .
Moved by Becker, seconded by Christiansen, to concur witl:
recommendation of Committee of the Whole, re Zoning Case,
01-45-V, to grant request for a Variation 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 City Attorney be
authorized to draft necessary ordinance. Motion declared
carried (further action on this matter under Consent
Agenda on December 3, 2001).
Moved by Sayad, seconded by Becker, that the City
Attorney be authorized to draft necessary ordinance to
amend Title I, Chapter 7 -"Administrative Officers,"
Section 1-7-12, to issue badges to City officials.
Alderman Christiansen stated that
happened on September 11, 2OO1 ,
identification is being required.
because of
more and
what
more
Alderman Smith stated that the aldermen do have
identification--their business card; the whole idea of
having a badge is sending the wrong message; where is the
money going to come from; he wants this as part of the
budget discussion next week.
Police Chief Ryan stated that the badges would cost
between $90 and $100. Alderman Sayad stated that he
would pay for them.
Motion declared carried. Alderman Smith voted no. Mayor
Arredia voted yes.
Moved by Christiansen, seconded by Murphy, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 11:40 p.m.
Donna McAllister, MMC CITY CLERK
Arredia, MAYOR