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02-19-2002186 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 TUESDAY I FEBRUARY 19, 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 6:15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, February 19, 2002. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith. Aldermen Beauvais, Brookman and Argus were absent. Alderman Brookman arrived in Executive Session at 6:17 p.m. and Alderman Beauvais arrived in Executive Session at 6:18 p.m. Also present were: City Manager Miller, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Deputy Fire Chief Pratt, Director of Public Works Killian, City Engineer Oakley, Acting Director of Community Development Molinari, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA.: Moved by Sayad, seconded by Murphy, to go into Executive Session to discuss collective bargaining, acquisition of real property and pending litigation. Upon roll call , the vote was: AYES: 5-Christiansen, Murphy, Sayad, Becker, Smith NAYS: 0-None ABSENT: 3-Beauvais, Brookman, Argus Motion declared carried. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:07 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith. The opening prayer was given by Reverend Steve Hjelle, Evangelical Free Church, followed by the Pledge of Allegiance to the Flag. Police Chief Ryan, Deputy Police Chief Prandini and Deputy Fire Chief Pratt gave a brief overview of the City's Emergency Preparedness Plan for virtually all types of emergency situations, incidents and catastrophic events that might happen in Des Plaines; a copy of the plan is available in the Police Chief's, Fire Chief's and City Manager's offices. Mrs. Donna Kassens, Des Plaines Citizens for Responsible Development, addressed the City Council stating that this organization will be holding a Pampered Chef fundraiser at Oakton Arms, 1665 Oakton Street, and the entire community is invited; for reservations, call (847) 269- 1130. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating the founder of Common Cause recently died; he was the founder of campaign financing. Mrs. Elizabeth Iwaszewica, 1110 Prospect Lane, addressed the City Council stating she is here tonight regarding the proposed fire house at Prospect Lane and Lee Street; the neighbors were not informed so we could voice our opinion; the fire house would ruin the integrity of our neighborhood; it is a very quiet neighborhood; why couldn't you have found a commercial area?; there is also a safety issue; try to find another location . CITIZEN PART. (Cont'd.) SWEARING-IN PROCEDURE/ DEVELOPERS, CONTRACTORS & PETITION. : ZONING CASE 01-64-PUD-A 344 GRACELAND: CONSENT AGENDA: 187 2/19/02 PAGE TWO A resident at 210 North East River Road addressed the City Council and thanked them for preserving her neighborhood. A resident at 160 North East River Road addressed the City Council and thanked the aldermen and especially Alderman Becker for changing his vote; he represented the people. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating he is concerned about the state of the economy and the effect it will have on Des Plaines ; businesses are leaving Des Plaines like the car dealer on Busse Road; this car dealer is moving to Park Ridge; the City does not support existing businesses; the City should consider increasing the real estate tax; you may have to consider a wage freeze, consolidate some departments; you have to make some hard choices. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating the City's cable coordinator, Eric Palm, is doing a fine job and so is Alderman Becker for reporting lost and stray animals on the cable station; programming on City services is being planned for Channel #17; please do one on TIF in layman's language about what is a TIF, who is eligible for it, etc. A resident at 514 Teela addressed the City Council stating her thanks to the aldermen for keeping her area for family homes. Mrs. Cindy Ciero, 2591 Parkwood Lane, addressed the City Council stating she would like to thank Carla Brookman for standing up for them and Tom Becker for changing his vote; she thinks it is a great thing that the Park District will leave it open space (Rand and Dempster) ; it is time to take a look at who votes; we need open land; we need parks; this is a people issue. A resident at 476 North East River Road addressed the City Council thanking the alderman for changing his vote on the annexation. Moved by Sayad, seconded by Becker, that Staff be authorized to investigate a swearing-in (oaths) procedure for developers, contractors and/or petitioners coming before the City Council, and report back to the aldermen. Alderman Brookman stated that this is most disrespectful; you are saying that residents are lying. Alderman Sayad stated that he did not mean citizens, only developers, contractors and/or petitioners. Motion declared carried. Alderman Brookman voted no. Moved by Becker, seconded by Christiansen, to TABLE Zoning Case 01-64-PUD-A, 344 Graceland Avenue, scheduled to be discussed in Committee of the Whole later in the meeting. Motion declared carried. Alderman Christiansen requested that Items 9 and 9a be removed from the Consent Agenda. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 9 and 9a. Motion declared carried. Moved by Sayad, seconded by Christiansen, to approve the Consent Agenda. Upon roll call, the vote was: CON. AGENDA (Cont'd.) MINUTES: Consent Agenda ACQUIS. OF PROPERTY/ JEFFERSON &: GRACELAND: Consent Agenda Ordinance M-12-02 RIVER MILL PROJECT DEV. BONDS: Consent Agenda Ordinance M-13-02 RECLASSIFI. OF POSITION &: SALARIES: Consent Agenda Ordinance M-14-02 PAGE THREE AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus 188 2/19/02 Alderman Becker abstained on approving Item 6 and 6a on the Consent Agenda (possible conflict of interest) . Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-9-02, M-10-02 and M-11-02 were adopted; Ordinances M- 12-02, M-13-02, M-14-02 and M-15-02 was placed on First Reading; and Resolution R-16-02 was adopted. Moved by Sayad, seconded by Christiansen, to approve minutes of the regular meeting of the City Council held January 28, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to approve minutes of the Executive Session of the City Council held January 28, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to approve minutes of the regular meeting of the City Council held February 4, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to approve minutes of the Executive Session of the City Council held February 4, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to authorize acquisition of property located at 556 Graceland Avenue, to provide approximately 25 parking spaces for Municipal Parking Lot at Jefferson Street and Graceland Avenue; and further recommend to place on First Reading Ordinance M-12-02, AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY CONDEMNATION OR OTHERWISE FOR MUNICIPAL OFF-STREET PARKING. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to authorize City to issue a Limited Obligation Tax Increment Revenue Note, Series 2001, in the amount up to $650,000 for the River Mill Project, southeast corner of Mill Street and River Road; to be paid from TIF Funds, as authorized by the City Council on February 5, 2001 (R-18-01); and further recommend to place on First Reading Ordinance M-13-02, AN ORDINANCE AUTHORIZING THE ISSUANCE OF A LIMITED OBLIGATION TAX INCREMENT REVENUE NOTE (RIVER MILL PROJECT) SERIES 2001, OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Job Evaluation Committee to amend Title I, Chapter 15 -"Position Classification and Compensation Plan," Section 4, Schedule IV, of the City Code to change the position of Assistant City Manager to Assistant City Manager/Economic Development Director with a salary range of $65, 969 -Minimum, $77, 600 -Midpoint, $89, 234 Maximum; change the position of Building Official to Deputy Director of Community Development with a salary range of $58,401 -Minimum, $68,707 -Midpoint, $79,013 - Maximum; and change the salary range for the position of Assistant to the City Manager to $49, 025 -Minimum, $57, 676 Midpoint, $66, 327 Maximum; and further recommend to place on First Reading Ordinance M-14-02, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE, " OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION , M-14-02 (Cont'd.) AGREEMENT/ STORMWATER MASTER PLAN: Consent Agenda Resolution R-16-02 AGREEMENT/ UTILITY BILLING SERVICES: Resolution R-17-02 c.o. #3/ CIVIC CENTER RESTROOM RENOVATION: Consent Agenda ENGRG. SVS./ SALT STORAGE FACILITY: Consent Agenda ENGRG. SVS./ REPAINTING OF DULLES ROAD WATER TOWER: Consent Agenda MAINT. AGREE. DEFIBRILLA. UNITS: Consent Agenda PAGE FOUR 189 2/19/02 PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE IV, "SUPERVISORY AND ADMINISTRATIVE GROUP" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to accept proposal from Christopher B. Burke Engineering, Ltd., 9575 W. Higgins Road, Suite 600, Rosemont, IL 60018, to provide Professional Engineering Services to oversee the Stormwater Master Plan Project at an hourly, cost-plus basis, with a not- to-exceed amount of $105,254/General Improvement Fund; and further recommend to adopt Resolution R-16-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN CHRISTOPHER B. BURKE ENGINEERING, LTD. AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation to approve three-year extension to contract with Third Millennium Associates, Inc., 328 S. Jefferson Street, Chicago, IL 60661, to provide Utility Billing Services at the same fixed price established in 1999 of $0.218 per utility bill (approximately $24,861 annually)/Budgeted Funds, effective March 1, 2002; and further recommend to adopt Resolution R-17-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THIRD MILLENNIUM ASSOCIATES, INC. AND THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to approve Change Order #3 to contract with Dubs Company, 1699 E. Chicago Street, Elgin, IL 60120, for Civic Center Restroom Renovation and Police Department Locker Room Renovation (contract approved by the City Council on October 16, 2000 in the amount of $227,700; Change Order #1 approved on May 7, 2001 in the amount of $14, 691; and Change Order #2 approved on July 16, 2001 in the amount of $20,715), for additional electrical work and relocation of sprinkler heads; in the added amount of $1,624/General Fund; for a total contract amount of $264,730. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to accept proposal from Strand Associates, Inc., 910 W. Wingra Drive, Madison, WI 53715, to provide Engineering Services for construction of a new salt storage facility at the Public Works Facility, 1111 Joseph J. Schwab Road, in an amount not-to-exceed $22,000/MFT Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to accept proposal from Alvord, Burdick & Howsen, L.L.C., 20 N. Wacker Drive, Suite 1401, Chicago, IL 60606, to provide Engineering Services for repainting of the Dulles Road Water Tower, in an amount not-to-exceed $11,300/2002 Water Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute one-year Technical Service Support Agreement with Medtronic Physic-Control Corporation, 11811 Willows Road NE, P.O. Box 97048, Redmond, WA 9807 ~ DEFIBRILLA. (Cont'd.) PURCHASE/ POLICE VAN: Consent Agenda BID AWARD/ DUMP TRUCK: Consent Agenda BID AWARD/ TUCKPOINTING REPAIRS AT PUB. WKS.: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-15-02 LIQ. LIC. UPDATE: Consent Agenda ORDINANCE M-9-02 LIQ. LIC./ 1535 ELLINWOOD: Consent Agenda 190 2/19/02 PAGE FIVE to provide maintenance for Fire Department's LifePak 10 and LifePak 300 EKG/Defibrillation Units, beginning May 1, 2002 and ending February 28, 2003, in the amount of $7, 257. 81/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to accept proposal from Lyle Snow/Landmark Automotive Group, 2401 Prairie Crossing Drive, Springfield, IL 62707, for the purchase of one (1) 2002 Ford Econoline E-350 Super Duty Extended Van, in the total amount of $20,826/Custom Asset Seizure Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to award bid through the Illinois State Joint Purchase Program, Contract #211124, for a 5- Ton Dump Truck with plow, underbody plow and salt spreader, in the amount of $74,581/2002 CERF Funds, from International Truck & Engine Company, % Prairie International Trucks, Inc. , 4O1 S. Dirksen Parkway, Springfield, IL 62703. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to award bid for Foundation and Tuckpointing Repairs at the Public Works Facility, 1111 Joseph J. Schwab Road, to the lowest responsible bidder, Safe-Way Tuckpointing, 9120 N. Delphia, Des Plaines, in the base bid amount of $100,000 and the associated unit prices of $45/square foot for brick replacement and $16. 75/square foot for additional concrete foundation repair/all costs from the General Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Public Works Resurfacing Program, returnable by 3:00 p.m., Thursday, March 7, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Asphalt Finish Roller, returnable by 3:00 p.m., Thursday, March 7, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to place on First Reading Ordinance M-15-02, AN ORDINANCE AMENDING TITLE V, "LICENSES" CHAPTER 34 "INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE NUMBER OF CLASS "A" LIQUOR LICENSES BY ONE, AND TO INCREASE THE NUMBER OF CLASS "E" LIQUOR LICENSES BY ONE TO REFLECT JIMMY'S RESTAURANT AND PANCAKE HOUSE AT 144 0 W. RAND ROAD IN DES PLAINES , ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to adopt Ordinance M-9-02, AN ORDINANCE AMENDING TITLE v, "LICENSES" CHAPTER 34 "INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE NUMBER OF CLASS "E" LIQUOR LICENSES BY ONE TO REMOVE DAPPER'S, AND TO ADD ONE CLASS "A" LICENSE FOR MARIA'S HOSPITALITY CORPORATION, D/B/A MARIA'S MEXICAN RESTAURANT OF DES PLAINES LOCATED AT 1535 ELLINWOOD IN DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-10-02 CONTRACT FINANCING/ IDFA BONDS: Consent Agenda ORDINANCE M-11-02 ACQUIS. OF PROPERTY/ TIF #1 1550 PARK & 1552 JEFFERSON: Consent Agenda CHANGE ORDER OF AGENDA: 170 NORTH EAST RIVER: 191 2/19/02 PAGE SIX Moved by Sayad, seconded by Christiansen, to adopt Ordinance M-10-02, AN ORDINANCE AUTHORIZING INSTALLMENT CONTRACT FINANCING. Motion .declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to adopt Ordinance M-11-02, AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY CONDEMNATION OR OTHERWISE FOR THE REDEVELOPMENT PLAN AND PROJECT AREA NO. 1 (Downtown Redevelopment Area -1550 Park Place and 1552 Jefferson Street) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to change the order of the amended agenda to bring Item 10 under New Business forward for discussion at this time. Motion declared carried. Alderman Becker stated that he is WITHDRAWING his request to change his vote from "AYE" to "NAY" to approve and adopt Ordinance A-1-01; his request was made and granted by the City Council on February 4, 2002, which created a tie vote and required the Mayor to vote at that time; the Mayor voted no, which DEFEATED the motion to approve the annexation and preliminary approval of the PUD, and the adoption of Ordinance A-1-01. City Attorney Wiltse explained that this matter is back before the City Council because of a recent Illinois Appellate Court ruling that items which are not on the agenda may be brought up and discussed, but action cannot be taken on such items until they are placed on a subsequent agenda; on February 4, 2002, two (2) new items were acted on: Alderman Becker's request to change his vote and the contract for 4th of July fireworks; both items were legally posted on the amended agenda for tonight's meeting. Mayor Arredia stated that inasmuch as the action taken on February 4, 2002, regarding Ordinance A-1-01 (170 North East River Road) is null and void because of the Illinois Appellate Court ruling regarding proper notification of agenda items, the vote taken on January 21, 2002, to approve and adopt Ordinance A-1-01 (Aldermen Christiansen, Murphy, Sayad, Becker, Argus voted yes and Aldermen Beauvais, Brookman and Smith voted no), STANDS as adopted on January 21, 2002. Moved by Brookman, seconded by Beauvais, to suspend the rules to permit public input on this matter. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus Motion declared carried. Mr. Jason Schram, 480 N. East River Road, addressed the City Council stating that the case cited by the Illinois Appellate Court, "Rice v. Board of Trustees of Adams County" is different than what was done in this case; this matter was on a previous agenda. Alderman Brookman stated that she is in disagreement with the Court ruling; why don't we leave it as it is until we have more information. 170 RIVER (Cont'd.) PENDING LITIGATION/ UNITED FEATHER &: DOWN: ACQUISITION OF PROPERTY/ RAND PARK LEVEE: ZONING CASE 01-53-A TEXT AMEND. CAXTON ST.: 192 2/19/02 PAGE SEVEN A resident at 210 N. East River Road addressed the City Council stating that this is all so confusing to her and her family; she doesn't want to leave; they have lived there 2 O years; they will get flooded with all this building. A resident at 476 N. East River Road addressed the City Council stating that there are people living in the woods in this area; she hasn't heard crime addressed at all. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the City is in a legal mess; you should have a special meeting of the City Council with just this item on the agenda. Mrs. Cindy Ciero, 2591 Parkwood Lane, addressed the City Council stating that' she can't believe what she is hearing here tonight; the City's motto seems to be "contractors welcome -citizens be dammed." A resident at 477 N. East River Road addressed the City Council stating that you had that meeting in January on a holiday when there was no mail service; you did this dirty deed on a night when people could not be there; this is not a Christian action; you should not be doing this to us. A resident at 514 Teela addressed the City Council stating there is no natural flood plain for this area; there is suppose to be a retention pond, but we don't know what is going to happen to all the water; is anyone looking at where it is going to go? Moved by Smith, seconded by Sayad, to concur with consensus in Executive Session that Staff be authorized to proceed with settlement negotiations as directed. Motion declared carried. Moved by Christiansen, seconded by Becker, to concur with consensus in Executive Session that the City proceed with the Rand Park Levee Project; hire Gremley & Biedermann, Inc., 4505 N. Elston Avenue, Chicago, IL 60630, to provide land surveying and legal description services for the rights-of-way, at a cost not to exceed $10,950; and retain Storino, Ramella & Durkin, 9501 W. Devon Avenue, Rosemont, IL 60018, to negotiate the acquisition of the easements, possibly leading to condemnation, at a fee not-to-exceed $10,000 for the legal work plus reimbursables (appraisals) at their rate of $190 per hour for partners and $150 per hour for associates; the source of funding would be the General Improvement Fund with reimbursement from the City of Park Ridge for 35% of the costs. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus Motion declared carried (further action on this matter under Consent Agenda on March 4, 2002). 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 February 8, 2002, regarding Text Amendment to permit one (1) dwelling on the second floor of buildings in the C-3 General Commercial District on Oakton Street from the railroad tracks east of Lee TEXT AMEND. (Cont'd.) ZONING CASE 01-63-V 1682 MAPLE: ZONING CASE 02-01-CU 20 W. GOLF: WARRANT REGISTER: MEMBERSHIP/ O'HARE NOISE COMP. COMMISSION: 193 2/19/02 PAGE EIGHT Street, east to the City limits; the Des Plaines Plan Commission recommends that this be approved. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission and Staff and recommend to the City Council, re Zoning Case 01-53- A, to permit one (1) dwelling on the second floor of buildings in the C-3 General Commercial District on Oakton Street from the railroad tracks east of Lee Street, east to the City limits contingent upon the five (5) conditions cited in the Staff report of February 8, 2002; and Ordinance Z-3-02 be placed on First Reading at appropriate time this evening. Motion declared carried. Acting Director of Community Development Molinari reviewed his memo of January 30, 2002, regarding request to permit construction of an addition that would result in a lot coverage of 36.5% instead of the permitted 30% on property located at 1682 Maple Street; the Des Plaines Zoning Board of Appeals recommends that this request be denied. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council , re Zoning Case 01-63-V, to grant request to permit construction of an addition that would result in a lot coverage of 36.5% instead of the permitted 30% in R-1 Single-Family Residential District on property located at 1682 Maple Street; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Brookman and Smith voted no. Acting Director of Community Development Molinari reviewed his memo of January 30, 2002, regarding request for an amended Conditional Use to permit construction of a drive-through service lane at restaurant located at 20 W. Golf Road; the Des Plaines Zoning Board of Appeals recommends that this request be granted with conditions. Alderman Becker asked the petitioner and his architect if they could meet all the conditions; they said yes. Moved by Sayad, seconded by Murphy, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff and recommend to the City Council, re Zoning Case 02-01-CU, to grant request for an amended Conditional Use (originally approved by the City Council on April 3, 2000 -Ordinance Z-3-00), to permit construction of a drive- through service lane for existing Class B restaurant in C-3 General Commercial District on property located at 20 W. Golf Road contingent upon the six (6) conditions as cited in the Staff report of January 30, 2002; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Murphy, seconded by Christiansen, to recommend to the City Council approval of the February 19, 2002 - Warrant Register, in the total amount of $1,720,916.02; and further recommend that Resolution R-18-02 be adopted at appropriate time this evening. Motion declared carried. City Manager Miller reviewed his memo of February 8, 2002, regarding City membership in the O'Hare Noise Compatibility Commission; this Commission deals mainly with noise related issues and programs, not airport expansion and growth; noise will always affect our community and belonging to the Commission will give the City a voice to be heard on noise related issues and programs. O'HARE NOISE (Cont'd.) 194 2/19/02 PAGE NINE Mrs. Donna Bavido, 1895 Fargo Avenue, addressed the Committee of the Whole regarding the soundproofing changes to her home, i.e. new doors, windows, interior ceilings, outside walls, insulation in her attic; she is getting over $40,000 in repairs to her home and it is not costing her any money. Alderman Becker stated that the City needs to belong to this organization. Alderman Brookman stated that she is opposed to joining the O'Hare Noise Commission; it is sponsored and paid for by the City of Chicago; it does not have a level of independence; we will get lost in all the communities ; it could cease to exist when Chicago decides not to fund it; we should not have to belong to this group to receive equal and fair treatment; we have not received our fair share of funding; there are also safety issues; it is no more than a public relations campaign by Chicago to give the facade that they are good neighbors to the surrounding communities; this should go to the voters on a referendum. Moved by Brookman, seconded by Christiansen, to recommend to the City Council that Staff be authorized to prepare a referendum asking the residents if they want the City to fight expansion at O'Hare Airport. Alderman Beauvais stated there should be a dollar amount attached to this referendum; how much do the people want to spend? Alderman Sayad stated that things have changed; sentiments have changed; people have not indicated to him that they want us to be in Suburban O'Hare Commission (SOC); we should be in the O'Hare Noise Commission. Alderman Becker stated that this organization has nothing to do with airport expansion; this is all about soundproofing our homes and noise control. Alderman Smith stated that if we are going to join this organization, we should sit down and delineate what our position will be; we should be very clear on our issues. Moved by Brookman, seconded by Christiansen, to AMEND the motion to add that the proposed referendum be presented for review at the next City Council meeting. Alderman Murphy stated that this is not the most effective way to go out and get the wishes of the people; many people do not vote; you can meet with the residents which would reflect the wishes of 58, 000 people; she supports joining this organization; this would be a good move for the City. Alderman Christiansen stated that he was opposed to dropping out of SOC; why can't these two (2) organizations work together? Moved by Becker, seconded by Sayad, to adopt a SUBSTITUTE motion and recommend to the City Council that the City join the 0' Hare Noise Compatibility Commission at no cost to the City. Mrs. Cindy Ciero, 2591 Parkwood Lane, addressed the Committee of the Whole stating that she lives by the airport; come over in the summer and you'll hear all the noise; she can't open her windows or enjoy her patio; you can soundproof her house but she still can't open her windows. O'HARE NOISE (Cont'd.) WATER METER READING PROGRAM: DEBT SERVICE UPDATE: REORGANIZA. OF COMMUN. DEV. DEPT.: Ordinances M-93-01 M-16-02 ZONING CASE 01-53-A TEXT AMEND. OAKTON ST.: PAGE TEN 195 2/19/02 Mr. Vince Naccarato, 486 Cordial Drive, addressed the Committee of the Whole stating it doesn't cost anything to belong; what is there to loose?; get as much as you can out of this organization. Mr. Steve Vels, 1019 Wicke Avenue, addressed the Committee of the Whole stating you are not going to fight Chicago; you don't have the money; you don't listen to the people; this is the only place we can come and you are not representing us. Mrs. Donna Bavido, 1895 Fargo Avenue, addressed the Committee of the Whole stating that she is not just interested because we are getting residential soundproofing; we will get additional , help when the decibel level drops. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that he hopes the aldermen have Ward meetings; you can get a feel of your constituents just by talking to them; he is happy the aldermen voted against SOC. A resident at 1001 Third Avenue addressed the Committee of the Whole stating that he is very concerned about the toxin level; there has to be some accountability; there was a lot of information that SOC provided us. Moved by Becker, seconded by Sayad, to call for the question. Motion declared carried (Aldermen Beauvais , Christiansen and Brookman voted no) . Upon roll on Alderman Becker's motion, the vote was: AYES: 4-Beauvais, Murphy, Sayad, Becker NAYS: 3-Christiansen, Brookman, Smith ABSENT: 1-Argus Motion declared carried (further action on this matter under Unfinished Business on March 4, 2002). Director of Finance Egeberg reviewed his memo of February 8, 2002, which states that NICOR has notified the City that it will no longer read the City's water meters after August 31, 2002; the City has several options which were reviewed. Moved by Christiansen, seconded by Becker, to recommend to the City Council that the City contract with four (4) to six (6) individuals to read the City's water meters at a rate of $0.50 per outside meter read and $0.75 for each inside meter read/Water Fund. Motion declared carried. Moved by Sayad, seconded by Becker, to POSTPONE until March 4, 2002, the discussion on the Debt Service Update. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Sayad, to VOID Ordinance M- 93-01 and place on First Reading the replacement Ordinance M-16-02, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE" CHAPTER 23 I "DEPARTMENT OF COMMUNITY DEVELOPMENT." Motion declared carried. Moved by Becker, seconded by Christiansen, to concur with recommendation of Committee of the Whole, re Zoning Case 01-53-A, to permit one (1) dwelling on the second floor of buildings in the C-3 General Commercial District o~ OAKTON ST. (Cont'd.) Ordinance Z-3-02 ZONING CASE 01-63-V VARIATION/ 1682 MAPLE: ZONING CASE 02-01-CU CONDIT. USE/ 20 W. GOLF: WARRANT REGISTER: Resolution R-18-02 MEMBERSHIP/ O'HARE NOISE COMP. COMMISSION: WATER METER READING PROGRAM: DEBT SERVICE UPDATE: 196 2/19/02 PAGE ELEVEN Oakton Street from the railroad tracks east of Lee Street, east to the City Limits contingent upon the five (5) conditions cited in the Staff report of February 8, 2002; and place on First Reading Ordinance Z-3-02, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 7 . 3 -6 "C-3 GENERAL COMMERCIAL DISTRICT" TO ADD LANGUAGE REGARDING RESIDENTIAL DWELLINGS ABOVE COMMERCIAL PROPERTIES (CASE 01-53-A) . Motion declared carried. Moved by Becker, seconded by Christiansen, to concur with recommendation of Committee of the Whole, re Zoning Case 01-63-V, to grant request to permit construction of an addition that would result in a lot coverage of 36.5% instead of the permitted 30% in R-1 Single-Family Residential District on property located at 1682 Maple Street; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Smith voted no. Moved by Sayad, seconded by Beauvais, to concur with recommendation of Committee of the Whole, re Zoning Case 02-01-CU, to grant request for an amended Conditional Use (originally approved by the City Council on April 3, 2000 -Ordinance Z-3-00), to permit construction of a drive- through service lane for existing Class B restaurant in C-3 General Commercial District on property located at 20 W. Golf Road contingent upon the six (6) conditions as cited in the Staff report of January 30 , 2002; and City Attorney be authorized to draft necessary ordinance . Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-18-02, 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: $1,720,916.02. Upon roll call, the vote was: AYES: 7-Beauvais , Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus Motion declared carried. Moved by Sayad, seconded by Becker, to concur with recommendation of Committee of the Whole that the City join the O'Hare Noise Compatibility Commission at no cost to the City. Upon roll call, the vote was: AYES: 4-Beauvais, Murphy, Sayad, Becker NAYS: 3-Christiansen, Brookman, Smith ABSENT: 1-Argus Motion declared carried (further action on this matter under Unfinished Business on March 4, 2002). Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole that the City contract with four (4) to six (6) individuals to read the City's water meters at a rate of $0.50 per outside meter read and $0.75 for each inside meter read/Water Fund. Upon roll call, the vote was: AYES: 5-Christiansen, Murphy, Sayad, Becker, Smith NAYS: 2-Beauvais, Brookman ABSENT: 1-Argus Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to POSTPONE discussion on the Debt Service Update until March 4, 2002. Motion declared carried. 4TH OF JULY FIREWORKS: ADJOURNMENT: 197 2/19/02 PAGE TWELVE The motion regarding the contract for 4th of July fireworks which was adopted on February 4, 2002, has been declared null and void because of the Illinois Appellate Court ruling regarding proper notification of agenda items. Moved by Christiansen, seconded by Sayad, at the specific direction of the City Council it would be in the best interest of the City to waive usual bid procedures and accept proposal from The Mad Bomber, P.O. Box 518 , Kingsbury, IN 46345, for the fireworks display at Oakton Community College on July 4, 2002, in the amount of $16,000/Water Bill Donations -2002, 2003 and 2004. 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 Christiansen asked that the record show that the contractor has agreed to increase the display by 10%. Moved by Becker, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:05 p.m. Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS DAY Ant