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01-07-2002144 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, JANUARY 7, 2002 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, January 7, 2002. ROLL CALL: present: Roll call indicated the following aldermen Murphy, Sayad, Becker, Smith, Argus. Aldermen Christiansen and Brookman were absent. Beauvais, Alderman at 6:33 p.m. and Alderman Christiansen arrived in Executive Session Alderman Beauvais arrived at 6: 50 p. m. Brookman arrived at 7:03 p.m. Also present were: City Manager Miller, Assistant to the 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, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: CITIZEN PARTICIPA.: Moved by Sayad, seconded by Smith, to go into Executive Session to discuss collective bargaining. 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 6:31 p.m. The City Council reconvened at 6:54 p.m. Roll call Beauvais, Argus. indicated the following aldermen present : Christiansen, Murphy, Sayad, Becker, Smith, The opening prayer was given by Reverend Jonathan Hutul, Unity Church, followed by the Pledge of Allegiance to the Flag. Police Chief Ryan recognized Police Officer John Ohlson as Officer of the Year for his dedication to the community, his outstanding job performance and the positive image he portrays on a daily basis; he exemplifies the Department's motto of dignity, decency and determination. Police Chief Ryan recognized Police Officer Brigitte Plein as Community Policing Officer of the Year for her achievements, as well as her dedication to the Police Department, the Police Neighborhood Resource Center, and the citizens of this community. Mr. Jack Cavalenes, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council stating that he has rated the aldermen: aldermen of the 5th and 7th Wards get a "B+", they have shown intelligence; aldermen of the 1st and 2nd Wards get a "C, " they are responsible; the rest of the aldermen get an "F"; the aldermen haven't met a large developer that they haven't embraced; the little developer is not well received; this is a mean spirited Council; he suggested that the aldermen straighten out their act; remember the next election for four (4) of the aldermen is just a little over a year away . CIT. PARTI. (Cont'd.) PAGE TWO 145 1/7/02 Mrs. Virginia Pasowicz, 2094 Miner Street, addressed the City Council regarding the traffic downtown; there have been 21 accidents with four (4) injuries; trucks park on the medium strip; there is increased ambulance traffic which makes a lot of noise; we need some kind of light at the intersections. Mrs. Beverly Becker, 1917 Big Bend Drive, addressed the City Council and read a letter from the former owner of the Choo Choo Restaurant, Marilyn Ballowe, 888 Acres Lane, who states that she is very happy someone has taken over the Choo Choo Restaurant after her husband died; please cherish the history of Des Plaines and make it a wonderful place to live and raise children. Mr. John Graziadei, 1050 Wicke Avenue, addressed the City Council regarding the noise from the new business that just opened on Lee Street; the people have graf f i on their garage doors; please think next time. Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the City Council stating that she is here to talk about flooding again and to recognize Carla Brookman for her work on her behalf; she applauds Carla and her husband; (she showed film clips of a City Council meeting) ; she said she is very, very angry; do we not have a say-so in this town? - she thinks not. Mr. Todd Patterson, 1027 Crabtree Lane, addressed the City Council stating that he is sick of this flooding issue; he has lived here five (5) years and has come to other meetings, but it has fallen on deaf ears; he has a small ocean in his backyard every time it rains . Mr. Steve Serwa, 1011 Crabtree Lane, addressed the City Council and showed a tape of flooding in Des Plaines; there should be accountability; you said you knew that there was a flooding problem; you have all seen the pictures; when you know there is a problem, how can you vote to add to this problem; you have to protect the citizens. Mrs. Lisa Patterson, 1027 Crabtree Lane, addressed the City Council regarding open space grants; how many have the City applied for?; other communities have open space plans; why don't we?; we need to take a united stand on flooding; do the right thing and preserve open space. Mr. Sam Seranella, 1985 Busse Highway, addressed the City Council stating the aldermen should take a look at all the people here tonight; that should tell you something; he is not against the bank and hotel if you can fix the flooding; give the land to the Park District. Mr. Carmen Sarlo, 3051 Scott Street, addressed the City Council stating that he is here as a respected former alderman; he worked hard and diligently for the City; he is ashamed of the way the aldermen are operating. Mrs. Sheila Schultz, Chairman of the Des Plaines Watershed Team, addressed the City Council stating that she is concerned about flooding and its impact on residents; she works with many agencies to reduce the threat of flooding in this area; they all agree that it is not if but when the next flood will occur; one of the many alternatives is to prohibit building in the floodway; it would worsen the plight of those in this area; open space and storage capacity is important; it is fortunate to have citizens interested in getting involved with this issue and a park district who is interested in this property. CIT. PARTI. (Cont'd.) PAGE THREE 146 1/7/02 Mr. Jason Schram, 480 N. East River Road, addressed the City Council and asked that a letter be included in the records; he is here to talk about the development at 170 N. East River Road; he is very disturbed about this; he doesn't think this is the direction you want the City to go in; he would like to recognize the great leadership from Carla Brookman both on the Dempster & Rand issue and 170 N. East River Road. A resident at 1003 Apple Creek Lane addressed the City Council stating that the City has been aware of the problem at Dempster and Rand for 14 years; we need to fix the problem first; do not allow the hotel-bank to be approved; we should plant trees on this property. Mr. Ray Grish, 980 Crabtree Lane, addressed the City Council stating that this is the fourth time he has spoken before the City Council; he spoke against the Mappa project, the Park Plain Chevrolet project; it is the same problem over and over; we have seen the water problem get worse over the years; his flood insurance cost $900 a year; they have tried for ten (10) years to get someone to listen to them; we will continue to ask for help; the park district is interested in acquiring that area for open space; consider the health, safety and happiness of our residents. Mr. Greg Lietzau, 2040 Miner Street, addressed the City Council asking what is the comprehensive plan, who updates the plan; it has been around for seven (7) years; instead of condos, we should build more commercial. properties to get revenue. Mr. Bill Eyring, a member of the Des Plaines River Watershed Alliance, addressed the City Council and read a statement; this crowd here tonight is a beautiful sight; you would think Des Plaines would be a model of common sense. Mr. Brad Elisenberg, 924 Mason Lane, addressed the City Council stating he lives just around the corner from the project at Dempster and Rand; he can't use his garage when it rains and his kids can't play in the backyard; make some wise and sound decisions. Mrs. Mary Rohde, 1718 Webster Lane, addressed the City Council stating she would like to thank Alderman Brookman for her efforts; she doesn't live in this flood area but she is absolutely opposed to this project; we need open space for our teenagers; we don't need another hotel in Des Plaines. Ms. Erin Rohde, 1718 Webster Lane, addressed the City Council stating that she goes to Maine West High School; she thinks the hotel is a bad idea; the kids will go there to drink and have sex; crime rates may go up; fake IDs are all around; put in a skate park or a running track. A resident at 1531 Walnut Avenue addressed the City Council stating that he is 17 and goes to Maine West High School; there will be underage drinking at this hotel; it is right by the water park where kids are. Mr. James Behrenfeld, 957 Acres Lane, addressed the City Council stating that he moved here nine (9) years ago; he thought the City was run by visionaries, but it is not; there is no altruism on the City Council or in the Mayor's office; he sees a loss of open space; he sees an increase in transient hotel crime; vote no on the Dempster and Rand project. Mr. David Markworth, Director, Des Plaines Park District, addressed the City Council and read a letter from the Des ~ CIT. PARTI. (Cont'd.) CHANGE ORDER OF AGENDA: ORDIN.ANCE Z-24-01 CONDIT. USE/ DEMPSTER & RAND ROAD: PAGE FOUR 147 1/7/02 Plaines Park Board which states that they are reiterating their position that the preservation of open space , especially adjacent to an existing park, is a high priority; it is the Park Board's desire to acquire this property from the owner and have authorized their agent, CorLands, to negotiate a purchase price and if this is not successful, they are committed to pursuing every option available to the Park District. Mr. Eric Suevel, 1369 Dennis Place, addressed the City Council stating that he is amazed and angry at the lack of respect that was showed to the residents in this area ; you say everything will be solved if we build this hotel; have you aldermen been getting calls asking for more hotels in Des Plaines?; do we need another hotel in Des Plaines; what is the City going to do when this goes belly-up?; what is the rush?; there is something really bad going on here. Mr. Garry Danfield, 655 Des Plaines-River Road, addressed the City Council stating that times have changed; there was a time when flooding was not a problem; use your heads. Mrs. Angie Ancona, 1053 Crabtree Lane, addressed the City Council stating that a hotel next to a water park that attracts children will be a problem; she asked Alderman Christiansen to change his vote. Mr. Edwin Bohula, 1011 Crabtree Lane, addressed the City Council stating he moved to Des Plaines to be near water, but in Des Plaines there is a problem with water ; other communities keep open spaces; we should do the same . Mr. Joel Long, 901 Westgate Road , addressed the City Council stating that he believes in these people here tonight; he doesn't want his daughter on drugs; we don't have enough room for the kids now. Mr . Vince Naccarato, 486 Cordial Drive, addressed the City Council stating that he thinks this is an important issue but it was inappropriate to speak about it at this time because this matter is on the agenda . Moved by Christiansen, seconded by Smith, to change the order of the agenda to bring forward the Second Reading of Ordinance Z-24-01 scheduled to be discussed under Unfinished Business later in the meeting. Motion declared carried. Moved by Beauvais, seconded by Brookman, to DENY request, re Zoning Case 01-57-CU, for a Conditional Use and Variation for property located at the southwest corner of Dempster Street and Rand Road, and void Ordinance z- 24-01. Alderman Christiansen stated that in light of the letter presented tonight from the Des Plaines Park District by David Markworth, the Des Plaines Park District has set its sights on this property; one way or another their intent is to secure this parcel; he would not want to inf late the price of this property anymore than what the Park District would have to pay for it; he thinks by granting this request the City would be inflating the price for this property, which would eventually be paid for by the residents; he doesn't want the developer to spend any more money if the Park District is going to go in there an tear down whatever he puts up. Alderman Christiansen stated that he thought this was a good project, but he will be changing his vote because he does not want to pay any more for this property than the Park District absolutely has to. Z-24-01 (Cont'd.) RECESS: RECONSIDER VOTE/ DEMPSTER & RAND ROAD: COLLECTIVE BARGAINING/ FIRE COMMAND OFFICERS ASSOCIA.: CONSENT AGENDA: PAGE FIVE 148 1/7/02 Alderman Sayad asked Mr. Markworth if the entire Park District Board gave him the authority to tell the City Council that the Park District wants this land. Mr. Markworth said yes, and it was unanimous. Alderman Sayad asked Mr. Markworth to clarify when the acquisition would take place. Mr. Markworth said that the Park District Board has directed CorLands to negotiate right now to purchase the property and if that is not successful, they will pursue other options available to them. Alderman Sayad asked Mr. Markworth what the Park District plans to do with this property. Mr. Markworth said that right now they plan to keep it open space; there is no plan to develop it right now. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Brookman, Becker, Smith, Argus NAYS: 1-Sayad ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Brookman, that there be a five (5) minute recess. Motion declared carried. The City Council meeting recessed at 9:15 p.m. The City Council reconvened at 9:20 p.m. Moved by Sayad, seconded by Christiansen, to reconsider the vote on the motion to DENY request, re Zoning Case 01-57-CU, for a Conditional Use and Variation for property located at the southwest corner of Dempster Street and Rand Road, and void Ordinance Z-24-01 , adopted earlier in the meeting. Motion declared carried. Upon roll call on the reconsidered motion by Beauvais, seconded by Brookman, to DENY request, re Zoning Case 01 - 57-CU, for a Conditional Use and Variation for property located at the southwest corner of Dempster Street and Rand Road, and void Ordinance Z-24-01, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding collective bargaining negotiations with the Des Plaines Fire Command Officers Association. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. Alderman Christiansen requested that Items 4, 4a, 5, Sa and 18 be removed from the Consent Agenda; Alderman Murphy requested Item 17 be removed; and Alderman Becker requested that Item 24 be removed. Moved by Sayad, seconded by Murphy, to establish a Consent Agenda except for Items 4, 4a, 5, Sa, 17, 18 and 24. Motion declared carried. AMENDMENT -1/21/02 ADD AND INSERT: "The tape clearly indicated that Alderman Sayad asked to change his vote; the City Clerk asked if he wanted the whole vote reconsidered; Alderman Sayad said yes, reconsider the whole vote; the motion to reconsider passed; the tape revealed that the City Clerk again took a roll call on the reconsidered motion to DENY request, re Zoning Case 01-57-CU, for a Conditional Use and Variation for property located at the southwest corner of Dempster Street and Rand Road, and void Ordinance Z-14-01, which then received a 8-0 vote to DENY. City Attorney Wiltse stated that, accordingly, even though it was Alderman Sayad's intent to change his vote, a reconsideration actually occurred instead." CON. AGEN. (Cont'd.) MINUTES: Consent Agenda ABATEMENT/ 2001B AND 2001C GO BONDS: Consent Agenda Ordinance M-1-02 ZONING CASE 01-51-V VARIATION/ 750 OAKTON: Ordinance Z-1-02 ZONING CASE 01-66-V VARIATION/ 1561 SHERMAN: Ordinance Z-2-02 PAGE SIX Moved by Murphy, seconded by Argus, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-92-01, M-94-01 and Z-23-01 were adopted; Ordinances M- 1-02 was placed on First Reading; and Resolutions R-1-02 , R-2-02, R-3-02, R-4-02, R-5-02 and R-6-02 were adopted. Moved by Murphy, seconded by Argus, to approve minutes of the regular meeting of the City Council held December 17, 2001, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to approve minutes of the Executive Session of the City Council held December 17, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to authorize abatement of Year 2001 I I • I General Obligation Corporate Purpose Bonds in the amount of $164,550 for Series 2001B and $269,591.26 for Series 2001C, as provided in Ordinance M-72-01; and further recommend to place on First Reading Ordinance M-1-02, ABATEMENT OF THE 2001 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2 0 0 lB AND SERIES 2001C. Motion declared carried as approved unanimously under Consent Agenda. Alderman Christiansen questioned why there was no mention in the Staff report about a penalty fee for building without a permit. Acting Director of Community Development Molinari stated that was an oversight; it should have been in the Staff report. Alderman Sayad requested that the matter of penalty fines-fees be discussed by the Building Code Committee; Alderman Murphy agreed to do that. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 01-51-V, for an after-the-fact Variation to permit an existing 8' x 12' shed in addition to the two (2) other existing accessory buildings for a total area for all three (3) buildings of 858 sq. ft. (Code permits 840 sq. ft. of total building area for accessory buildings); in R-1 Single-Family Residential District on property located at 750 Oakton Street, contingent upon petitioner obtaining a permit and paying a double permit fee ($150) for building without a permit; and further recommend to place on First Reading Ordinance Z-1-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.l-3D OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A THIRD ACCESSORY STRUCTURE (POOL HOUSE) AT 750 W. OAKTON STREET, DES PLAINES, ILLINOIS (CASE 01- 51-V). Motion declared carried. Moved by Murphy, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff re Zoning Case 01-66-V, for an after-the-fact Variation to permit an existing house addition with an overall height of 37' (Code permits building heights of 35'); in R-1 Single-Family Residential District on property located at 1561 Sherman Place; and further recommend to place on First Reading Ordinance Z-2-02 , AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7. 2 -2 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE WITH A BUILDING -- Z-2-02 (Cont'd. ) MFT FUNDS ABATEMENT/ 1996A GO BONDS: Consent Agenda Resolution R-1-02 TIF #6 APPRAISAL AGREEMENT/ MAROUSE & co.: Consent Agenda Resolution R-2-02 FACADE REHABILIT./ 701 LEE: Consent Agenda Resolution R-3-02 LEASE RENEWAL/ POLICE RES. CENTER 1926-1928 TOUHY AVE.: Consent Agenda Resolution R-4-02 TOWING CONTRACT/ SCHIMKA AUTO: Con. Agen. R-5-02 150 1/7/02 PAGE SEVEN HEIGHT OF 37 FEET INSTEAD OF THE MAXIMUM ALLOWED HEIGHT OF 35 FEET, LOCATED AT 1561 SHERMAN PLACE, DES PLAINES, ILLINOIS (CASE 01-66-V). Motion declared carried. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to execute the State of Illinois Department of Transportation (IDOT) 's "Obligation Retirement Resolution" for the abatement of 1996A General Obligation Refunding Funds in the amount of $200,000 as provided in Ordinance M-64-96 , from the City's allotment of Motor Fuel Tax Funds; and further recommend to adopt Resolution R-1-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION "OBLIGATION RETIREMENT RESOLUTION" FOR THE PURPOSE OF ABATING THE 2001 PROPERTY TAX LEVY FOR THE 1996A GENERAL OBLIGATION BOND. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Professional Services Appraisal Agreement" with MaRouse & Company, 116 S. Prospect Avenue, Suite 200, Park Ridge, IL 60068, to provide appraisal services for properties within Mannheim/Higgins Roads TIF #6 (as provided in Ordinances M-57-01, M-58-01 and M-59-01), in the amount not-to-exceed $50,000/TIF Funds; and further recommend to adopt Resolution R-2-02, A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN MAROUS & COMPANY, IN THE AMOUNT NOT-TO-EXCEED $50,000, AND THE CITY OF DES PLAINES CONCERNING APPRAISAL SERVICES FOR MANNHEIM/HIGGINS TIF #6 IN THE CITY OF DES PLAINES , ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus , to concur with recommendation of Des Plaines Economic Development Commission and Staff to authorize payment of $8,921/2002 Facade Rehabilitation Program Funds, to Klaff Realty, 701 Lee Street, as the City's contribution for the rehabilitation ranging from minor repairs and painting to complete facade renovation of this property; and further recommend to adopt Resolution R-3-02, A RESOLUTION AUTHORIZING THE PAYMENT OF AN AMOUNT NOT-TO- EXCEED $ 8 I 9 21 TO KLAFF REALTY I LP OWNER OF 701 LEE STREET, DES PLAINES, ILLINOIS AS THE CITY'S CONTRIBUTION OF THE REHABILITATION OF THE BUILDING FACADE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Letter of Intent" with Bill Karambenis, 1930 E. Touhy Avenue, for one (1) year renewal of lease for the Police Neighborhood Resource Center at 1926 and 1928 E. Touhy Avenue, at the same monthly rental of $2,000 and under the same lease terms, beginning March 1, 2002 and ending February 28, 2003/Budgeted Funds; and further recommend to adopt Resolution R-4-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A "LETTER OF INTENT" BETWEEN BILL KARAMBENIS "LESSOR," AND THE DES PLAINES POLICE DEPARTMENT "LESSEE," FOR THE ONE-YEAR RENEWAL OF THE POLICE NEIGHBORHOOD RESOURCE CENTER LEASE AT THE PREMISES LOCATED AT 1926 AND 1928 E. TOUHY AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Towing Services Agreement" with Schimka Auto Wreckers, Inc., 1132 Thacker Street, Des Plaines, to provide towing and storage services at the rates specified in Exhibit A of the contract which shall remain in effect for the entire term of the contract/Budgete~ R-5-02 (Cont'd.) TOWING CONTRACT/ TRI-R SVS.: Consent Agenda Resolution R-6-02 RECODIFICA./ LEGAL & LICENSING: Consent Agenda REDISTRICT. MAP: Consent Agenda c.o. #3/ CONCRETE RESTORATION: Consent Agenda PURCHASE/ FIRE HOSE: Consent Agenda PURCHASE/ GAS AND DIESEL FUEL: Consent Agenda PAGE EIGHT 151 1/7/02 Funds; and further recommend to adopt Resolution R-5-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF A "TOWING SERVICES AGREEMENT" BETWEEN SCHIMKA AUTO WRECKERS, INC . AND THE CITY OF DES PLAINES FOR VEHICLE TOWING AND STORAGE SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Towing Services Agreement" with Tri-R Service, Inc., 419 E. Golf Road, Des Plaines, to provide towing and storage services at the rates specified in Exhibit A of the contract which shall remain in effect for the entire term of the contract/Budgeted Funds; and further recommend to adopt Resolution R-6-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF A "TOWING SERVICES AGREEMENT" BETWEEN TRI-R SERVICE, INC. AND THE CITY OF DES PLAINES FOR VEHICLE TOWING AND STORAGE SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to approve proposed changes to the City Code pertaining to Legal & Licensing as recommended by the Legal & Licensing Committee (Aldermen Smith, Beauvais, Brookman); and these approved changes be held until the entire recodification is complete. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to prepare a preliminary redistricting map of the City and its eight ( 8) Wards based on 2 o o o census and current Federal guidelines and report back to the City Council for consideration and review within six (6) months. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to approve Change Order #3 and FINAL to contract with A Lamp Concrete Contractors, 800 w. Irving Park Road, Schaumburg, IL 60193 (original contract approved on April 16, 2001--$44,917.50, Change Order #1 approved on June 18, 2001--$100,000 and Change Order #2 approved on September 4, 2001--$80,132.88), for additional concrete restoration in the amount of $34,770.62/2002 CIP, for a contract total of $259,821. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to accept proposal from Dolton Fire Equipment, 563 Williams, Thornton, IL 60476, for the purchase of 45 lengths of 2-1/2" fire hose in the total amount of $6,671.25/2002 Budget; and it would be in the best interest of the City that usual bid procedures be waived because Dolton Fire Equipment is the only local vendor for the manufacturer of the hose, Snap-Tite Corporation. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to award bid for Purchase and Delivery of Gas and Diesel Fuel to the lowest bidder after cost comparison, Avalon Petroleum, 7601 West 191st Street, Tinley Park, IL 60477, for their "amount over average" of $.017 per gallon Lead Free Gas and $.023 per gallon for Diesel Fuel/2002 Budget. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ JANITORIAL CONTRACT TRANSIT CENTER: BID AWARD/ MAINT. OF HEATING & AIR CONDIT. : ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-92-01 LAND ACQUISIT./ TIF #6: Consent Agenda ORDINANCE M-93-01 REORGANIZA./ COMMUNITY DEV. DEPT.: J.///VL: PAGE NINE 152 Moved by Murphy, seconded by Argus, to concur with Staff recommendation that it would be in the best interest of the City to award bid for three (3) -year Janitorial Contract for the Des Plaines Transit Center to the third lowest bidder, Advanced Janitorial Systems, P.O. Box 1264, Des Plaines, 60017, in the amount of $1,098 per month for the first year, $1,131 per month for the second year, and $1, 187 per month for the third year/2002 Budget; effective January 16, 2002 and ending January 16, 2005; and reject the first and second lowest bids. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to award bid for three (3)-year contract for Maintenance of Heating and Air Conditioning Systems, to the lowest bidder, Bedco Mechanical, 322 N. Wolf Road, Mt. Prospect, IL 60056, for the three (3) -year total amount of $17,401/2002 Budget. Upon roll call, the vote was: AYES: NAYS: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus 0-None ABSENT: 0-None Motion declared carried. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Various Radio Equipment, returnable by 3:00 p.m., Wednesday, January 23, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Ceramic Floor Tile at Fire Station #1, returnable by 3:00 p.m., Wednesday, January 23, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Blood Pressure Monitors, returnable by 3:00 p. m., Wednesday, January 23, 2 002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Pan/Tilt Camera System, returnable by 3:00 p. m. , Thursday, January 24, 2 O 02. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to adopt 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 Becker, seconded by Murphy, to POSTPONE until February 19, 2002, the Second Reading of Ordinance M-93- 01, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE" CHAPTER 23, "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. ORDINANCE M-94-01 ADMINISTRA. HEARING PROGRAM: Consent Agenda ORDINANCE Z-23-01 VARIATION/ 70 RAWLS: Consent Agenda APPOINTMENT/ REAPPOINT. : ORDINANCE M-1-02 ABATEMENT/ 2001B & 2001C GO BONDS: PROPOSED PLAT/ BUDYS FOURTH ADDITION 112 OAKWOOD: PAGE TEN 153 1/7/02 Moved by Murphy, seconded by Argus, to adopt 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. Moved by Murphy, seconded by Argus, to adopt Ordinance Z-23-01, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3(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. Moved by Argus, seconded by Murphy, to POSTPONE until January 21, 2002, the following appointment/ reappointments: Appointment: KEEP DES PLAINES BEAUTIFUL COMMISSION Robert Phillips (to replace Larry Golberg) Reappointments: HUMAN RESOURCES AND SERVICES COMMISSION Barbara Blume, Corky Morales, Pam Surber YOUTH COMMISSION -Mary Clesen, Gloria Ludwig SPECIAL EVENTS COMMISSION Gloria Keane, Lucille Adamick Motion declared carried. Moved by Sayad, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-1-02, ABATEMENT OF THE 2001 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B AND SERIES 2001C. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT Alderman Becker, Chair Acting Director of Community Development Molinari reviewed his memo of December 19, 2001, regarding the request to resubdivide a parcel at 112 Oakwood Avenue, which measures 130' x 154' with a total area of approximately 19,997 sq. ft., into two lots: Lot #1 would be 50' wide and 153.87' deep with a total area of 7,693 sq. ft. and Lot #2 would be 80' wide and 153.83 deep with a total area of 12, 3 06 sq. ft. ; the Des Plaines Plan Commission, Zoning Board of Appeals (straw vote) and Staff recommends approval of this request. Alderman Murphy stated that she is against undersized lots for any reason; she has always felt this way. Moved by Beauvais, seconded by Murphy, to recommend to the City Council to DENY request to redivide a parcel at 112 Oakwood Avenue, which measures 130' x 154' with a total area of approximately 19, 997 sq. ft., into two lots: Lot #1 would be 50' wide and 153.87' deep with a total area of 7,693 sq. ft. and Lot #2 would be 80' wide and 153.83 deep with a total area of 12,306 sq. ft. Motion declared carried. Alderman Smith voted no. ZONING CASE 01-53-A TEXT AMEND./ SECOND FLOOR DWELLING UNITS: PAGE ELEVEN 154 1/7/02 Acting Director of Community Development Molinari reviewed his memo of December 21, 2001, regarding proposed text amendment to the Zoning Ordinance to permit one (1) residential unit on the second floor in all C-3 General Commercial Districts contingent upon several conditions. Alderman Brookman questioned why the provision to permit combined residential and commercial districts was eliminated from the Zoning Ordinance except for C-5 (downtown) District; she would like more information about this; this should be made a Conditional Use instead of a text amendment. Alderman Sayad questioned whether letters were sent to the residents in the surrounding area of the address that is requesting this text amendment (1531 Oakton Street). Acting Director Molinari said no. Alderman Sayad stated that a year ago he asked that letters be sent to advise residents of variations like this; this is not being done. Alderman Becker stated that Acting Director Molinari was not in charge of this department a year ago, nor was City Manager Miller here. Alderman Sayad said yes, that's true, but the procedure should have been in place even with a change in leadership. Alderman Brookman stated that we have to get the input of the neighbors. City Manager Miller stated that in the future a letter would be sent to every resident within 300' of the subject address and a notice placed in the newspaper. Moved by Sayad, seconded by Brookman, to recommend to the City Council to POSTPONE until March 4, 2002, further discussion on Zoning Case 01-53-A, a proposed text amendment to the Zoning Ordinance to permit one ( 1) residential unit on the second floor in all C-3 General Commercial Districts. Petitioner Mike Vallone, who is requesting the text amendment for property located at 1531 Oakton Street , addressed the Committee of the Whole and answered questions from the aldermen. Alderman Becker asked the petitioner when he anticipates removing the present building on the site and rebuilding. Mr. Vallone said as soon as possible. Alderman Christiansen stated that the petitioner has waited a long time on this request; proper notification was not sent out. Moved by Smith, seconded by Christiansen, to adopt a SUBSTITUTE motion, re Zoning Case 01-53-A, to approve the proposed text amendment to the Zoning Ordinance to perm.it one (1) residential unit on the second floor in all C-3 General Commercial Districts contingent upon certain conditions; and City Attorney be authorized to draft necessary ordinance. Moved by Smith, seconded by Christiansen, to call for the question. MOTION DECLARED FAILED. Aldermen Murphy I Sayad, Brookman and Argus voted no; Aldermen Beauvais, Christiansen, Becker and Smith voted yes (a tie vote is a failed vote) . TEXT AMEND. (Cont'd.) WARRANT REGISTER: CONSTRUC. MANAGEMENT SERVICES/ NEW POLICE & FIRE FACILITIES: ZONING CASE 01-53-A TEXT AMEND./ SECOND FLOOR DWELLING UNITS: PROPOSED PLAT/ BUDYS FOURTH ADDITION 112 OAKWOOD: PAGE TWELVE 155 1/7/02 Moved by Brookman, seconded by Sayad, to adopt an AMENDMENT to the substitute motion to POSTPONE until February 19, 2002, further discussion on Zoning Case 01- 53-A, a proposed text amendment to the Zoning Ordinance to permit one (1) residential unit on the second floor in all C-3 General Commercial Districts. Motion declared carried. Aldermen Beauvais, Christiansen and Smith voted no. Alderman Sayad again asked City Manager Miller if the residents in the area of a variation would be notified. City Manager Miller said yes, everyone within 300'. FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the January 7, 2002 ·- Warrant Register, in the total amount of $4,297,346.56; and further recommend that Resolution R-7-02 be adopted at appropriate time this evening. Motion declared carried. PUBLIC SAFETY Alderman Beauvais, Chair City Manager Miller reviewed his memo of December 27, 2001, regarding his recommendation that the City hire a Construction Management (CM) firm for the new Police and Fire Facilities, said firm would act as the owner's agent and eventually hold all contracts, assume financial risk for the project and provide a guaranteed maximum price at some point between the design development stage and the construction documents stage. Mr. Garry Danfield, 655 Des Plaines-River Road, addressed the Committee of the Whole asking that the City please take their time in making this decision; this will take time. Alderman Brookman stated that she will be voting no on this request; this location is in her Ward and she thinks the location is inappropriate. Moved by Christiansen, seconded by Murphy, to recommend to the City Council that the Staff be authorized to proceed with the process of Construction Management for the proposed new Police and Fire Facilities, which includes formal Request for Proposals (RFP) for construction management services. Motion declared carried. Alderman Brookman voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole to POSTPONE until February 19, 2002, further discussion on Zoning Case 01-53-A, a proposed text amendment to the Zoning Ordinance to permit one (1) residential unit on the second floor in all C-3 General Commercial Districts. Motion declared carried. Aldermen Beauvais, Christiansen and Smith voted no. Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole to DENY request to redivide a parcel at 112 Oakwood Avenue, which measures 130' x 154' with a total area of approximately 19,997 sq. ft., into two (2) lots, Lot #1 would be 50' wide and 153.87' deep with a total area of 7,693 sq. ft. BUDYS PLAT (Cont'd.) WARRANT REGISTER: Resolution R-7-02 CONSTRUC. MANAGEMENT SERVICES/ NEW POLICE & FIRE FACILITIES: CONTEST/ CITY MOTTO: DEMOLISH/ BURNED-OUT BUILDING 1215 RAND: ADJOURNMENT: 156 1/7/02 PAGE THIRTEEN and Lot #2 would be 80' wide and 153.83 deep with a total area of 12 ,306 sq. ft. Motion declared carri ed. Alderman Smith voted no. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-7-02, 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: $4,297 ,346.56. Upon roll call , the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker , Smith , Argus NAYS : 0-None ABSENT: 0-None Motion declared carried . Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole that Staff be authorized to proceed with the process of Construction Management for the proposed new Police and Fire Facilities, which includes formal Request for Proposals (RFP) for construction management services. Upon r o ll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. Motion by Alderman Sayad to have a City-wide contest for a new motto for Des Plaines; a deadline of May 1, 2002 ; a review committee be formed for presentation to the City Council by July 1, 2002 , died for lack of a second. Moved by Smith, seconded by Murphy, that if the burned- out building, locating at 1215 Rand Road , is not demolished by tomorrow, January 8, 2002, that Staff be authorized to take necessary action to see that this matter is resolved. Motion declared carried . Moved by Sayad, seconded by Becker, that the regular meeting of the City Council adjourn . Motion declared carried. Meeting adjourned at 11:05 p.m. ~~~CITY CLERK APPROVED BY ME THIS ;), ~ '.'.:...__~~~~~~~~-' 2002