01-21-2002157
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
JANUARY 21, 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 6:16 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Ci vie Center on Monday,
January 21, 2002.
ROLL CALL: Roll call indicated the following aldermen present:
Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais ,
Christiansen and Brookman were absent. Alderman Brookman
arrived in Executive Session at 6: 19 p. m. Alderman
Beauvais arrived at 6:40 p.m. and Alderman Christiansen
arrived at 6:44 p.m.
Also present were: City Manager Miller, Assistant to the City Manager-
EDC Director Schneider, Assistant Director of Finance Jisa, 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:
PRESENTATION:
Moved by Sayad, seconded by Smith, to go into Executive
Session to discuss pending litigation and personnel.
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 6:17 p.m.
The City Council reconvened at 6:38 p.m.
Roll call indicated the following aldermen present:
Murphy, Sayad, Brookman, Becker, Smith, Argus .
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Mayor Arredia and Keep Des Plaines Beautiful Coordinator
Christine Wolski presented appreciation awards to the
following schools and businesses who participated in the
Holiday Ceremony on November 30, 2001, by either
decorating holiday trees or donating refreshments for the
event: Brentwood School, Orchard Place School, Central
School, Iroquois School, Our Lady of Destiny School,
Chippewa School, Terrace School, Cumberland School, North
School, South School, Plainfield School, St. Zachary
School, Forest School, Immanuel Lutheran School, SPARK
Program (District 62), Des Plaines Optimist Club, Grazie!
Ristorante & Banquets, Sysco Food Service and Bake-Line
Foods. ·
Keep Des Plaines Beautiful Coordinator Wolski presented
an "Outstanding Recycler" certificate to the Michelsen
family, 1579 Webster Lane, who have been recognized for
their outstanding effort in recycling.
Mayor Arredia introduced Mr. Joe Marella, representing
the Des Plaines Area Jaycees who sponsored the Holiday
Home Decorating Contest along with The Journal & Topics
Newspapers, who presented the following awards:
WARD 1 -Antonio Rojas & Beatriz Ibarra
1624 Sherman Place
HONORABLE MENTION
The Darrey Family, 705 Arlington Avenue
WARD 2 -John & Cookie Bzdusek, 1670 Whitcomb Avenue
PRESENTATION
(Cont'd. )
CITIZEN
PARTICIPA.:
PAGE TWO
HONORABLE MENTION
158
1/21/02
Dennis & Mary Fallest, 1692 Forest Avenue
WARD 3 -The Edwards Family, 873 Webster Lane
HONORABLE MENTION
The Hennelly Family, 1323 Webster Lane
WARD 4 -Denise & Dave Everly, 670 Westgate Road
HONORABLE MENTION
Jerry Gertie, 500 Westgate Road
WARD 5 -Bill Pelinski, Sr., 1360 Howard Avenue
HONORABLE MENTION
Hal Goebbert, 2281 Sprucewood Avenue
WARD 6 -Dianne Divelbiss, 2846 Craig Drive
HONORABLE MENTION
Juan Meza, 2050 Craig Drive
WARD 7 -Chris & Angie Limberopoulos, 44 Cranbrook Dr.
HONORABLE MENTION
Tim & Cami Gibbons, 554 Clayton Lane
WARD 8 -Frank & Tina DeNisi, 1397 Susan Drive
BEST OVERALL
Chris & Angie Limberopoulos, 44 Cranbrook Dr.
Ms. Irene Serwa, 1011 Crabtree Lane, addressed the City
Council stating that she would like to thank the aldermen
for their vote on January 7, 2002, regarding Rand Road
and Dempster Street, especially Aldermen Beauvais and
Christiansen for their leadership, and the Des Plaines
Park District for pursuing the purchase of this property .
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council asking why the City Council had to meet at the
Convent by Holy Family Hospital for their recent
brainstorming session; why did you have to involve the
convent and their privacy; we have all these rooms at
City Hall.
Ms. Kelly Wallace, 1503 E. Walnut Avenue, addressed the
City Council regarding the Music Factory that recently
opened at 1428 Lee Street; she feels the City was misled
by this man; she was told that they don't sell CDs to the
public; it is promoted as Chicago's largest dance club.
Alderman Smith stated that he agrees that the City
Council was misled; they are either going to operate
according to the terms of the ordinance or they are not
going to operate at all.
Alderman Brookman stated that she is concerned about the
hours of operation; in the first weeks there were eight
(8) police reports; there is also a problem with debris
in the area; there was a lot of misrepresentation; she
doesn't believe they have adequate parking; they have a
$15 charge to get in when it was supposed to be $5; maybe
it could still be a viable operation if the problems can
be worked out.
Mayor Arredia stated that there will be a meeting on
Wednesday with the petitioners to go over the Conditional
Use and they will abide by the law; if they don't
conform, the matter will be brought back to the City
Council.
Alderman Christiansen stated that he feels the aldermen
were totally duped; they were told it would be 90% CD
sales.
Mr. John Latz, 1503 E. Walnut Avenue, addressed the City
Council stating that he went to the Music Factory to
purchase a CD and was told that they do not sell to the
public; this is a dance club and not a CD compact sales
store; the City Council was deceived; they owe the City
Council and the residents an explanation.
CIT. PARTI.
(Cont'd.)
LIQ. LIC./
659 N. WOLF:
PAGE THREE
159
1/21/02
Ms. Dolores Vels, 1019 Wicke Avenue, addressed the City
Council stating that she attended the City Council's
recent goal setting session; she understands that
flooding is a concern of the aldermen, but she doesn't
want her taxes to go up to fight flooding; she is also
against the dance club; he was very deceitful .
Mr. Sam Seranella, 1985 Busse Highway, addressed the City
Council stating that if you have to have nine ( 9)
policemen at the dance club, there is a problem; the
aldermen got duped.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council questioning the rules that govern this City
Council; you allowed a group of citizens to spend 60
minutes on an issue that was on the agenda; he was not
allowed to speak on the SOC issue some months ago because
it was on the agenda; he asked that the rules be waived
and it was denied; you have to be consistent with your
Council procedures; you were intimidated by this group
of citizens; he knows the aldermen have a difficult task,
but there are ways to handle situations like this; be
fair and consistent; don't send out the wrong message.
Mr. Jason Schram, 480 N. East River Road, addressed the
City Council stating that the entire community on North
East River Road are in favor of joining Des Plaines; your
time would be better spent by adding our area to the
City; he thanked Aldermen Beauvais and Christiansen, and
Mayor Arredia, for attending a recent meeting about
annexing this area; you are out of touch with the
residents of Des Plaines; you should be using your time
to redevelop the downtown of Des Plaines; the Plan
Commission should be overhauled; they are hostile and
rude; he doesn't feel very welcome here.
A resident at 310 N. East River Road addressed the City
Council stating that he was very happy that the project
at Dempster and Rand was stopped because of the flooding
issue; thank you; don't consider any project that would
cause flooding.
Mr. Greg Lietzau, 2040 Miner Street, addressed the City
Council stating that he doesn't know the whole story, but
he thinks the Music Factory was originally a good idea;
we don't have enough youth activities; other communities
are creating more youth activities.
Mr. Carmen Sarlo, 3051 Scott Street, addressed the City
Council stating that there should be a public meeting on
the Music Factory; he is not for them staying in Des
Plaines; where are we getting the money to pay for the
new sewers on Webster Lane in the Third Ward?
Mrs. Madlan McKernan, 1920 Andy Lane, addressed the City
Council stating that there is still a problem at Dempster
and Rand; the developer says he will build an office
building there; we need to own this property; the Park
District should condemn it.
Mr. Edwin Bohula, 1011 Crabtree Lane, addressed the City
Council stating that the City should look at open land;
other communities are buying open land; Des Plaines has
a perfect location for open land at Dempster and Rand;
you should look out for the good of the citizens.
Alderman Smith announced that the petitioner has removed
his request from consideration for a new Class A-J
Tavern-4 a.m. Liquor License for property located at 659
N. Wolf Road, scheduled to be discussed under Committee
of the Whole later in the meeting.
CONSENT
AGENDA:
MINUTES/
1/7/02:
EXEC. SESS.
MINUTES/
1/7/02:
Consent
Agenda
ACQUIS. OF
PROPERTY/
TIF #1
GRACELAND,
N.W. HWY. &
JEFFERSON:
Consent
Agenda
Ordinance
M-2-02
AMENDMENT/
SOLICITOR'S
APPLICATION:
Con. Agenda
160
1/21/02
PAGE FOUR
City Clerk McAllister requested that Item 1 be removed
from the Consent Agenda; a citizen requested that Item
13 be removed; and Alderman Christiansen requested that
Item 16 be removed.
Moved by Beauvais, seconded by Sayad, to establish a
Consent Agenda except for Items 1, 13 and 16. Motion
declared carried.
Moved by Sayad, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy1 Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
Z-1-02 and Z-2-02 were adopted, Ordinances M-2-02, M-3-
02, M-4-02, M-5-02, M-6-02, M-7-02 and M-8-02 were placed
on First Reading; and Resolutions R-8-02, R-9-02, R-10-
02, and R-11-02 were adopted.
City Clerk McAllister requested the minutes of the
regular meeting of the City Council held January 7, 2002,
be amended as follows: Page Five, under "Reconsider
Vote/Dempster & Rand Road," First Paragraph, First Line,
delete the word "reconsider" and add the word "change;"
Second Line, delete the word "the" and add the word
"his;" Second Paragraph, First and Second Lines, delete
the words "reconsidered motion by Beauvais, seconded by
Brookman" and add the word "motion."
Moved by Argus, seconded by Becker, to amend the minutes
of the regular meeting of the City Council held January
7 1 2002, as requested.
A discussion followed as to whether Alderman Sayad' s
motion was a motion to change his vote or taken as a
motion to reconsider since he was not on the prevailing
side; also once a motion is reconsidered, it cannot be
reconsidered again.
Moved by Brookman, seconded by Beauvais, to adopt a
substitute motion that the minutes of the regular meeting
of the City Council held January 7, 2002 1 not be amended
and the minutes be approved as presented.
The matter was held for further discussion later in the
meeting after the City Attorney reviews the audio tape
of the City Council meeting held January 7 1 2002.
Moved by Sayad, seconded by Beauvais 1 to approve minutes
of the Executive Session of the City Council held January
7 / 2002. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad1 seconded by Beauvais / to concur with
Staff recommendation to authorize acquisition of property
within the boundaries of Graceland Avenue / Northwest
Highway and Jefferson Street / for the TIF #1
redevelopment area 1 as authorized by the City Council on
February 20 1 2001; and further recommend to place on
First Reading Ordinance M-2-02 1 AN ORDINANCE AUTHORIZING
THE ACQUISITION OF PROPERTY BY CONDEMNATION OR OTHERWISE
FOR THE REDEVELOPMENT PLAN AND PROJECT AREA NO. 1.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad1 seconded by Beauvais 1 to concur with
Staff recommendation to amend Title V r Chapter 46
"Registration of Solicitors1 11 Section 4 -Application"
of the City Code to add a new Subsection "D" regarding
ORDINANCE
M-3-02
(Cont'd.)
TAP-ON FEES
& ALLOWANCE
FOR 2133
ELMIRA AVE . :
Consent
Agenda
Ordinance
M-4-02
M-5-02
LICENSE
AGREEMENT/
375
HAWTHORNE:
Consent
Agenda
Ordinance
M-6-02
LICENSE
AGREEMENT/
874
MARGRET:
Consent
Agenda
Ordinance
M-7-02
DISPOSAL OF
SURPLUS LEAF
LOADERS:
Consent
Agenda
Ordinance
M-8-02
PAGE FIVE
161
1/21/02
pleas of guilty or findings of guilt after a trial,
either by a court or by an administrative tribunal;
andfurther recommend to place on First Reading Ordinance
M-03-02, AN ORDINANCE AMENDING TITLE V, "BUSINESS
REGULATIONS II CHAPTER 46 I "REGISTRATION OF SOLICITORS II
SECTION 4, "APPLICATION" TO ADD A NEW SUBSECTION "D" TO
THE CITY CODE OF THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request from Delgado
Management, Inc., 2207 Sprucewood Avenue, Des Plaines ,
that they be reimbursed for the oversized portion of the
storm sewer that would connect from their site
development at 2133 Elmira Avenue to an existing 24"
diameter storm sewer along Birchwood Avenue at a not-to-
exceed cost to the City of $10,732/General Improvement
Fund; amend Title IX of the City Code to add a NEW
Chapter 24 -"Tap-On Fees"; adopt a tap-on fee allowance
of $596.22 for any future connecting or tapping-on
parties for 2133 Elmira Avenue; and further recommend to
place on First Reading:
Ordinance M-4-02, AN ORDINANCE ADOPTING A NEW CHAPTER 24
"TAP-ON FEES" TO TITLE IX, "PUBLIC WAYS AND PROPERTY
REGULATIONS; DEALING WITH SUBDIVISIONS; DEDICATIONS AND
FLOOD PLAINS"; and
Ordinance M-5-02 I AN ORDINANCE ADOPTING A TAP-ON FEE
ALLOWANCE FOR 2133 ELMIRA IN ACCORDANCE WITH TITLE IX,
"PUBLIC WAYS AND PROPERTY REGULATIONS; DEALING WITH
SUBDIVISIONS; DEDICATIONS AND FLOOD PLAINS," CHAPTER 24
"TAP-ON FEES."
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request to permit
construction of a brick paver service walk in the City-
owned right-of-way adjacent to property located at 375
Hawthorne Lane; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-6-02, AN
ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT FOR BRICK PAVING OF A SERVICE WALK
APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNER ROBERTO
ACUNA AT 375 HAWTHORNE LANE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request to permit
installation of a lawn sprinkler system in the City-owned
right-of-way adjacent to property located at 874 Margret
Avenue; Mayor and City Clerk be authorized to execute
necessary license agreement; and further recommend to
place on First Reading Ordinance M-7-02, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH JOHN FRESON, PROPERTY OWNER, FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 874 MARGRET STREET,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize disposal of surplus
equipment, eight (8) trailer-mounted leaf loaders, which
are no longer useful to the City, at a cost not-to-exceed
$100 per piece of equipment to scrap; and further
recommend to place on First Reading Ordinance M-8-02, AN
ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL
PROPERTY IN ACCORDANCE WITH CITY CODE, SECTION 9-23-1.
Motion declared carried as approved unanimously under
Consent Agenda.
PLATS OF
VACATION &:
EASEMENT/
584 OAKTON:
Consent
Agenda
Resolutions
R-8-02
R-9-02
MEMBERSHIP
AGREEMENT/
MUNICIPAL
GIS
CONSORTIUM:
Consent
Agenda
Resolution
R-10-02
MFT FUND./
YEAR 2002
MAINT. OF
STREETS &:
HIGHWAYS:
Consent
Agenda
Resolution
R-11-02
PARK. PAD
VARIATION/
298 DOVER:
Consent
Agenda
SITE PLANS/
382 s.
MT. PROSPECT
ROAD:
162
1/21/02
PAGE SIX
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize vacation of a portion
of the public utilities and drainage easement at 584
Oakton Street from the center of the property and
establish an easement on the west side of the property
in order to construct a building on the site; Director
of Engineering be authorized to execute necessary plats;
and further recommend to adopt:
Resolution R-8-02, A RESOLUTION AUTHORIZING THE EXECUTION
OF A PLAT OF VACATION FOR A PORTION OF PUBLIC UTILITIES
AND DRAINAGE EASEMENT LOCATED AT 584 OAKTON STREET, DES
PLAINES, ILLINOIS; and
Resolution R-9-02 I A RESOLUTION AUTHORIZING THE EXECUTION
OF A PLAT OF EASEMENT FOR A PUBLIC UTILITIES AND DRAINAGE
EASEMENT LOCATED AT 584 OAKTON STREET, DES PLAINES,
ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute "Agreement for Creation of a Geographic
Information System Consortium" to reactivate the City's
membership in the Municipal GIS Consortium, % City of
Highland Park, 1707 St. Johns Avenue, Highland Park, IL
60035, at no cost; authorize Mayor and City Clerk to
execute contract with Municipal GIS Partners, Inc. (a
vendor of the Consortium), 514 40th Place, Kenosha, WI
53140, to provide training services, staffing and
technical supervision for the GIS program for a fee of
$133,236; authorize purchase of the necessary computer
workstation in the amount of $6,103 and the ESRI Arcinfo
Software in the amount of $7,136/all costs to be shared
between Emergency Communications, the Police Department
and the City's GIS Fund; and further recommend to adopt
Resolution R-10-02, A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO SIGN AN AGREEMENT ADMITTING THE CITY
OF DES PLAINES INTO A MULTI-COMMUNITY GEOGRAPHIC
INFORMATION SYSTEMS ("GIS") CONSORTIUM. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize City Clerk to execute
and certify IDOT Resolution for Year 2002 Maintenance of
Streets and Highways/Motion Fuel Tax Section 02-00000-00
GM, in the amount of $690,000, as follows: Traffic Signal
Maintenance $45, 000; Electrical Energy for Street
Lighting $35, 000; Snow & Ice Control Materials
$125,000; Crack Sealing -$50,000; Engineering/Materials
Testing -$60,000; Curb Removal & Replacement -$75,000
and Sidewalk Removal & Replacement $300,000; and
further recommend to adopt Resolution R-11-02, A
RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF
ILLINOIS DEPARTMENT OF TRANSPORTATION "RESOLUTION FOR
MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER
THE ILLINOIS HIGHWAY CODE," FOR THE PURPOSE OF
MAINTAINING STREETS AND HIGHWAYS IN THE CITY (02-00000-00
GM) . Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments to permit
construction of an 8' x 32' parking pad in the front yard
of property located at 298 Dover Lane. Motion declared
carried as approved unanimously under Consent Agenda.
Mr. Richard Hutton, 31 W. Fremont Court, addressed the
City Council and passed out a map of the property at 382
S. Mt. Prospect Road; he stated that he is concerned
about the flooding that will be caused by the expansion
of this church; during a heavy rain the gate will not
open in the swale area so the water will back up on to
neighbor properties; you are creating a water problem~
CHURCH SITE
(Cont'd.)
FIRE STATION
#3
REMODELING:
Consent
Agenda
SOFTWARE
UPGRADE/
COMPUTER
SYSTEM:
Consent
Agenda
HEATING &
AC MAINT.
CONTRACT/
600
ALGONQUIN:
PAGE SEVEN
163
1/21/02
it could also cause odors; they should put their church
on another site; this is wrong; he doesn't care what the
Engineering Department says.
A resident at 20 E. Fremont Court, addressed the City
Council stating that he is concerned about noise; the
church promised to put up bushes and a fence; they have
never been contacted by the church; there is also a
concern about the lights; he is opposed to this
expansion.
The architect for the petitioner addressed the City
Council stating that there will be light shields on the
lights and there will be extensive landscaping along the
property; they have provided seven ( 7) catch basins
around the property; fencing and trees will be provided
along the west and south sides of the property.
Mr. John Arapidis, 21 W. Fremont court, addressed the
City Council stating that his main issue is the water;
how is the water going to be discharged; there are also
lighting issues and traffic.
A resident at 40 W. Fremont Court, addressed the City
Council stating that he concurs with all that has been
said about flooding; make sure you do everything you are
supposed to do.
Mr. Dino Digristina, 50 W. Fremont Court, addressed the
City Council stating that he is opposed to the church
expansion because of flooding and the lights.
Mr. Greg Lietzau, 2040 Miner Street, addressed the City
Council asking if the sewers on Mt. Prospect Road were
big enough to hold the water. Director of Engineering
Oakley said yes because they will put in storm water
detention.
Moved by Sayad, seconded by Argus, to POSTPONE until
February 4, 2002, further discussion on approval of the
engineering site plans for expansion of the Faith
Alliance Bible Church, 382 S. Mt. Prospect Road. Motion
declared carried. Aldermen Smith voted no.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that Staff be authorized to employ
a Pre-Qualifying Process for the selection of a General
Contractor for the building addition/remodeling project
at Fire Station #3, 130 E. Thacker Street. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize purchase of Novell
software upgrade for City's computer system at the State
of Illinois contract price of $13, 050 and the annual
maintenance cost of $5,220/Computer Replacement Fund,
from ASAP Software, 850 Asbury Drive, Buffalo Grove, IL
60089. Motion declared carried as approved unanimously
under Consent Agenda.
Motion by Smith to accept proposal from Bedco Mechanical,
322 N. Wolf Road, Mt. Prospect, IL 60056, to provide a
three (3)-year contract for Maintenance of Heating and
Air Conditioning Systems at the Des Plaines Food Pantry
& Closet, 6 O O Algonquin Road, for the three ( 3) -year
total amount of $2,520/Building & Grounds Fund, for a
total contract amount of $19, 921 (original bid award
approved on January 7, 2002 -$17,401) DIED FOR LACK OF
A SECOND.
Moved by Becker, seconded by Brookman, to POSTPONE until
February 19, 2002, further discussion on the contract for
Maintenance of Heating and Air Conditioning Systems a ~
600 ALGONQUIN
(Cont'd.)
BID AWARD/
PUB. STREET
LIGHTS &:
WIRING:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
Z-1-02
VARIATION/
750 OAKTON:
Consent
Agenda
ORDINANCE
Z-2-02
VARIATION/
1561 SHERMAN:
Consent
Agenda
APPOINTMENT/
REAPPOINT.:
WARRANT
REGISTER:
PAGE EIGHT
164
1/21/02
the Des Plaines Food Pantry & Closet, 600 Algonquin Road.
Motion declared carried. Alderman Christiansen abstained
(conflict of interest).
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award bid for Repair and Utility
Location of Public Street Lights and Underground Wiring
to the lowest bidder after cost comparison, Mildred
Electric, d/b/a H&H Electric, 2830 Commerce Street,
Franklin Park, IL 60131, at the rate of $60 per hour -
7:00 a.m. to 3:30 p.m., and $90.00 per hour -3:30 p.m.
to 7:00 a.m./2002 Street Special Services Fund. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Public Works Facility
Tuckpointing, returnable by 3:00 p.m., Wednesday,
February 6, 2002. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt 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 7 5 0 w. OAKTON STREET I DES PLAINES I
ILLINOIS (CASE 01-51-V) . Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt 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 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 as approved unanimously under Consent Agenda.
Presented for consideration (no action required) were 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 -Lucille Adamick
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 January 21, 2002 -
Warrant Register, in the total amount of $2,153,665.41;
and further recommend that Resolution R-12-02 be adopted
at appropriate time this evening. Motion declared
carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
ZONING CASE
01-55-PUD
170 NORTH
EAST RIVER:
165
1/21/02
PAGE NINE
This matter was postponed on December 3, 2001
Moved by Brookman, seconded by Beauvais, to NOT concur
with recommendation (to grant) of Committee of the Whole
held December 3, 2001, and DENY request for Preliminary
Planned Unit Development (PUD) and zoning change from R-1
Single Family Residential District to R-3 Townhouse
Residential District, for property located at 170 North
East River Road; and adopt Ordinance A-1-01 (placed on
First Reading on September 4, 2001). MOTION DECLARED
FAILED. Aldermen Beauvais, Brookman and Smith voted yes;
Aldermen Christiansen, Murphy, Sayad, Becker and Argus
voted no.
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole held December
3, 2001, to grant request for Preliminary Planned Unit
Development (PUD) and zoning change from R-1 Single
Family Residential District to R-3 Townhouse Residential
District, for property located at 170 North East River
Road; and adopt Ordinance A-1-01 (placed on First Reading
on September 4, 2001).
Both Aldermen Beauvais and Smith stressed that the City
should look at the whole area to see if the City wants
to annex either all or part of it; we need a plan for the
entire area.
Alderman Brookman stated this project will set the tone
for what will be going into this area; this will either
be an area of high-end beautiful homes or high-density
townhouses.
Moved by Brookman, seconded by Beauvais, to adopt a
substitute motion that this matter by postponed until
Staff can respond in writing to a resident regarding
setback requirements and exceptions in the Zoning Code .
Alderman Beauvais stated that a resident in the area
called her and asked that she express his position on
this matter; he would like to sell his property; he would
like the project approved.
Alderman Beauvais stated that the people on North East
River Road want to be annexed to protect their large lot
sizes; we need to discuss this with the people; we do not
need to piece meal this process.
City Attorney Wiltse stated that the Zoning Code requires
the petitioner agree to any postponement beyond the
provided time; if the petitioner does not agree to the
postponement, the request is considered denied.
Alderman Christiansen asked if the petitioner has agreed
to a postponement.
Moved by Murphy, seconded by Sayad, to suspend the rules
to permit the petitioner' s attorney to answer that
question. Motion declared carried.
Mr. Lawrence Freedman, attorney for Insignia Homes,
L.L.C., 35 w. Slade Street, Palatine, IL 60067, stated
that the petitioner is not in a position to agree to a
postponement.
Upon roll call on Alderman Brookman's substitute motion,
the vote was:
AYES: 2-Beauvais, Brookman
NAYS: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
170 RIVER
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-12-02
PENDING
LITIGATION/
UNITED
FEATHER &
DOWN:
PERSONNEL/
FORMER
EMPLOYEE:
MINUTES/
1/7/02:
166
1/21/02
PAGE TEN
Moved by Brookman, seconded by Beauvais, to adopt a
substitute motion that the City look at the entire area
and prepare a plan before annexing any property. MOTION
DECLARED FAILED. Aldermen Beauvais, Brookman and Smith
voted yes; Aldermen Christiansen, Murphy, Sayad, Becker
and Argus voted no.
Upon roll call on Alderman Becker's motion to approve and
adopt Ordinance A-1-01 AS AMENDED, AN ORDINANCE
ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS, PROPERTY COMMONLY KNOWN AS 170 NORTH
EAST RIVER ROAD, DES PLAINES, ILLINOIS, the vote was:
AYES: 5-Christiansen, Murphy, Sayad,
Becker, Argus
NAYS: 3-Beauvais, Brookman, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-12-02, 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 :
$2,153,665.41. 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 Smith, seconded by Sayad, to concur with
consensus in Executive Session that Staff be authorized
to negotiate a settlement as directed. Motion declared
carried.
Moved by Smith, seconded by Becker, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding the re-employment of a
former employee. Motion declared carried.
This matter was held earlier in the meeting.
City Attorney Wiltse stated that he has listened to the
tape of the City Council meeting held January 7, 2002,
regarding Alderman Sayad's request to change his vote
regarding Ordinance Z-24-01, Dempster Street and Rand
Road; the tape clearly indicated that Alderman Sayad
asked to change his vote; the City Clerk then asked if
he wanted the whole vote reconsidered; Alderman Sayad
said yes, reconsider the whole vote; the moU on 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-24-01, 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.
Moved by Smith, seconded by Christiansen, to adopt
another substitute motion to approve the minutes of the
regular meeting of the City Council held January 7, 2002,
AS AMENDED to add City Attorney Wiltse's determination
of what he heard on the tape for that meeting as follows:
"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
MINUTES
(Cont'd. )
ESTABLISH
SINGLE
C-3 ZONING
DISTRICT/
OAKTON ST.:
ADJOURNMENT:
PAGE ELEVEN
167
1/21/02
a roll call on the reconsidered motion to DENY request 1
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." Upon roll
call, the vote was:
AYES: 5-Beauvais, Christiansen, Murphy,
Brookman, Smith
NAYS: 3-Sayad, Becker, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Beauvais, that Staff be
authorized to begin the process to establish a zoning
overlay district for a portion of the C-3 General
Commercial District along Oakton Street between the
Wisconsin-Central Railroad on the west side and the City
limits on the east side, to allow for limited residential
use above first story commercial use. Motion declared
carried.
Moved by Brookman, seconded by Becker, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:50 p.m.
~~ Donna McAllister, MMC -CITY CLERK
APPROVED BY ME THIS