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03-04-2002198 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, MARCH 4, 2002 CALL Td 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 Ci vie Center on Monday , March 4 , 2002. ROLL CALL: Roll call indicated the following aldermen Christiansen, Sayad, Becker, Smith, Argus. Beauvais, Murphy and Brookman were absent. Beauvais arrived in Executive Session at 6:25 Alderman Murphy arrived in Executive Session at present: Aldermen Alderman p. m. and 6:35 p.m. Also present were: City Manager Miller, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Acting Director of Public Works Dusckett, City Engineer Oakley, Acting Director of Community Development Molinari, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PARTICIPA.: PERFORMANCE EVALUATION CRITERIA/ CITY MGR.: COLLECTIVE BARGAINING/ POLICE (MAP) CHAPTER 282 (E-911): BIANNUAL REVIEW/ EXEC. SESS. MINUTES: Moved by Argus, seconded by Smith, to go into Executive Session to discuss biannual review of Executive Session minutes, collective bargaining, acquisition of real property and performance evaluation criteria for City Manager. Upon roll call , the vote was : AYES: 5-Christiansen, Sayad, Becker, Smith , Argus NAYS: 0-None ABSENT: 3-Beauvais, Murphy, Brookman Motion declared carried. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:08 p.m. Roll call Beauvais, Argus. indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, The opening prayer was given by Reverend Steve Lyon, Des Plaines Bible Church, followed by the Pledge of Allegiance to the Flag. Mr. Jack Cavalenes, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council stating that there has been much talk about the new Fire House; the City will be displacing a couple that have lived here 51 years; he thinks that is terrible; the City could take down some subsidized housing, but it doesn't want to do that; you must have a plan for this couple; he is not sure Prospect and Lee is a good location anyway; people should count. Moved by Sayad, seconded by Becker, to concur with consensus in Executive Session to approve the proposed performance evaluation criteria for City Manager Miller, which will be used as a basis for his performance evaluation scheduled for July, 2002. Motion declared carried. Moved by Sayad, seconded by Becker, to concur with consensus in Executive Session to proceed with collective bargaining negotiations as directed with Metropolitan Alliance of Police (MAP), Chapter 282 (E-911) . Motion declared carried. Moved by Smith, seconded by Sayad, to concur with consensus in Executive Session that the following Executive Session minutes, or portions thereof, no longer require confidential treatment and are available for MINUTES (Cont'd.) ACQUISITION OF PROPERTY/ REZONING PORTION OF 1925 BUSSE: ACQUISITION OF PROPERTY/ DOWNTOWN REDEV. PLAN TIF #1: CONSENT AGENDA: MINUTES: Consent Agenda SIGN PERMIT/ MWRD, OAKTON & ELMHURST: Consent Agenda Resolution R-19-02 199 3 /4 /02 PAGE TWO public inspection as recommended by City Attorney Wiltse in his memo of February 22, 2002: March 16, 1998 -Employment of Personnel December 7, 1998 August 6, 2001 (Assistant City Attorney) -Ohlson v. City -Executive Session Minutes (Biannual Review) It was also the consensus of the aldermen that the need for confidentiality still exists as to all or part of the remaining minutes. Motion declared carried. Moved by Becker, seconded by Smith, to concur with consensus in Executive Session that remaining portion of property located at 1925 Busse Highway, not purchased by the City for the construction of a pumping station and tide gate as part of Phase I of the proposed improvements of Prairie Farmers Creek for flood control, be rezoned from M-1 Manufacturing to C-3 Commercial District with limited exceptions, i.e. no gas station or auto repair station; and City Attorney be authorized to take all actions necessary to change the zoning classification for this property. Motion declared carried (further action on this matter under Unfinished Business on March 18, 2 0 02) . Moved by Becker, seconded by Christiansen, to concur with consensus in Executive Session that Staff be authorized to continue negotiations to bring Dominick's Finer Foods to the proposed downtown redevelopment area in TIF #1 - Site A. Motion declared carried. Moved by Beauvais, seconded by Becker, to establish a Consent Agenda. Motion declared carried. Moved by Christiansen, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Alderman Becker abstained on approving Item 11 on the Consent Agenda (possible conflict of interest) . Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-12-02, M-13-02, M-14-02, M-15-02, M-16-02 and Z-3-02 were adopted; Ordinance Z-4-02 was placed on First Reading; and Resolutions R-19-02, R-20-02 and R-21-02 were adopted. Moved by Christiansen, seconded by Sayad, to approve minutes of the regular meeting of the City Council held February 19, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to approve minutes of the Executive Session of the City Council held February 19, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Permit" with the Metropolitan Water Reclamation District of Greater Chicago (MWRD) to allow the "Welcome To The City Of Des Plaines" sign at the southeast corner of Oakton Street and Elmhurst Road, effective March 2, 2002 to March 1, 2007; and further recommend to adopt Resolution R-19-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A "PERMIT" BETWEEN THE CITY OF DES PLAINES AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO (MWRD) TO ALLOW THE "WELCOME R-19-02 (Cont'd. ) AGREEMENT/ COMMUNITY RATING SYS. SUPPORT: Consent Agenda Resolution R-20-02 MFT FUNDS/ GOLF AND MT.PROSPECT INTERSEC. IMPROVE.: Consent Agenda Resolution R-21-02 FINAL PLAT/ BANK'S SUB. 1828 WEBSTER AND 1831 PLAINFIELD: Consent Agenda BID AWARD/ RADIO EQUIPMENT: Consent Agenda ADVERTISING FOR BID: Consent Agenda ORDINANCE Z-4-02 CONDIT. USE/ 20 W. GOLF: Consent Agenda PAGE THREE 200 3/4/02 TO THE CITY OF DES PLAINES" SIGN AT THE SOUTHEAST CORNER OF OAKTON STREET AND ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to accept proposal from French & Associates, Ltd., 153 Nanti Street, Park Forest, IL 60466, to review the City's floodplain management activities previously implemented and prepare a floodplain management plan for repetitive loss areas that meet the prerequisites of the Community Rating System, in an amount not-to-exceed $23,240/General Improvement Fund; and further recommend to adopt Resolution R-20-02 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN FRENCH & ASSOCIATES, LTD. AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Funding Agreement with Illinois Department of Transportation ( IDOT) for Intersection Improvements at Golf Road and Mt. Prospect Road, for installation of Pedestrian Signals and relocation of Emergency Vehicle Pre-Emption Equipment in the amount of $33,350/MFT Funds, Section 02-00184-00 TL, as City 's share of the cost of installing these improvements; and further recommend to adopt Resolution R-21-02, A RESOLUTION AUTHORIZING THE APPROPRIATION OF $33, 350 MOTOR FUEL TAX FUNDS TO PAY FOR THE CITY'S SHARE OF THE COST OF INSTALLING PEDESTRIAN SIGNALS AND RELOCATING EMERGENCY VEHICLE PRE-EMPTION EQUIPMENT AT THE INTERSECTION OF GOLF AND MT.PROSPECT ROADS KNOWN AS STATE SECTION 2001-077TS , CITY MFT SECTION 02-00184-00 TL , CONTRACT NO . 02-62220 . Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Bank's Subdivision, 1828 Webster Lane and 1831 Plainfield Drive; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to award bid for Various Radio Equipment to the lowest bidder, Chicago Communication Service, 200 Spangler Avenue, Elmhurst, IL 60126, in the total bid amount of $10,197.31/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Oakwood Avenue Storm Sewer and Street Reconstruction, returnable by 3: 00 p. m., Thursday, April 4, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to place on First Reading Ordinance Z-4-02, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-1 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW FOR THE OPERATION OF A DRIVE-THRU FACILITY AT A CLASS B RESTAURANT AT 2 0 w. GOLF ROAD I DES PLAINES I ILLINOIS (CASE 02-01-CU). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-12-02 ACQ. OF PROPERTY JEFFERSON &: GRACELAND: Consent Agenda ORDINANCE M-13-02 RIVER MILL PROJ. DEV. BONDS: Consent Agenda ORDINANCE M-14-02 RECLASSIF. POSITIONS &: SALARIES: Consent Agenda ORDINANCE M-15-02 LIQ. LIC. UPDATE: Consent Agenda ORDINANCE M-16-02 REORGANIZ./ COMMUNITY DEV. DEPT.: Consent Agenda ORDINANCE Z-3-02 TEXT AMEND./ OAKTON ST.: Consent Agenda ACQUISITION OF PROPERTY/ RAND PARK LEVEE: Consent Agenda 201 3/4/02 PAGE FOUR Moved by Christiansen, seconded by Sayad, to adopt Ordinance M-12 -02 I 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 Christiansen, seconded by Sayad, to adopt 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 Christiansen, seconded by Sayad, to adopt Ordinance M-14-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION 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 Christiansen, seconded by Sayad, to adopt 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 1440 W. RAND ROAD IN DES PLAINES , ILLINOIS . Motion declared carried as approved unanimously under Consent Agenda . Moved by Christiansen, seconded by Sayad, to adopt Ordinance M-16-02 , AN ORDINANCE AMENDING TITLE I , "ADMINISTRATIVE" CHAPTER 23, "DEPARTMENT OF COMMUNITY DEVELOPMENT." Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to adopt 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 as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to ratify action taken by the City Council on February 19, 2002 1 to concur with consensus in Executive Session that 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, Ramello & 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. Motion declared carried as approved unanimously under Consent Agenda. APPOINTMENTS: SOCIAL SVS. AGENCIES/ ORGANIZA. FUNDING: CITY-WIDE BANNER PROGRAM: 202 3/4/02 PAGE FIVE Presented for consideration were the following Mayoral appointments: ECONOMIC DEVELOPMENT COMMISSION Bill Atherton (replacing Robert Bowman) SPECIAL EVENTS COMMISSION Douglas Hubbard (replacing Gloria Keane) Carol Shannon (replacing Marabeth Kime) Carlos Rojas (replacing Jana Haas) M0ved by Sayad, seconded by Becker, to waive the two (2) week waiting period and approve the following Mayoral appointments : ECONOMIC DEVELOPMENT COMMISSION Bill Atherton , term to expire April 30 , 200 3 SPECIAL EVENTS COMMISSION Douglas Hubbard, term to expire August 31 , 2004 Carol Shannon, term to expire August 31 , 2003 Carlos Rojas, term to expire August 31, 2002 Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY SERVICES Alderman Argus, Chair Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council to approve the recommended funding for Social Service Agencies/Organizations, in the total $65 ,746/2002 Budget , as follows: Avenues to Independence The Center of Concern Children's Advocacy Center of NW Cook County Des Plaines Police Youth Club The HARBOUR, Inc. Journeys from PADS to HOPE Maine Center for Mental Health Maine Township Center for Addiction Northwest Center Against Sexual Assault Northwest Suburban Day Care Center Rainbow Hospice Self-Help Closet & Pantry of Des Plaines Shelter, Inc. Special People, Inc. Suburban Primary Health Care Council The Salvation Army Volunteer Center of Northwest Subur. Chicago amount $ 1 ,000 5 ,0 00 1 ,500 6 ,000 2,000 4,000 2,000 2 ,000 2,000 13 I 14 6 1 ,000 12,000 2,000 2,600 1,000 7,000 1,500 $65,746 of Alderman Smith stated that he will vote for this motion but he does believe the City should fund these agencies at last year's levels; some of these agencies will be experiencing difficulty with these cuts. Motion declared carried. Alderman Murphy abstained from voting on funding for Maine Center for Mental Health (conflict of interest) , and Alderman Christiansen abstained from voting on funding for Self-Help Closet & Pantry of Des Plaines (conflict of interest) PUBLIC WORKS Alderman Argus, Vice Chair Alderman Argus briefly reviewed the City-Wide Banner Program, which was a three (3)-year contract that will expire on May 1, 2002; it provided banners throughout downtown and along Oakton Street through a private firm at no cost to the City; Public Works employees installed and maintained the banners. 3/4/02 AMENDMENT Add: " ... and abstained from voting on funding for The Center of Concern (conflict of interest)." BANNERS (Cont'd. ) WARRANT REGISTER: DEBT SERVICE UPDATE: FINES/ PARKING VIOLATIONS: CLARIFICATION CLASS B-1 LIQ. LIC. REQUIREMENTS: 203 3/4/02 PAGE SIX Acting Director of Public Works Dusckett stated that the City has three (3) options: 1) solicit proposals; 2) City purchase banners without advertising at a cost of $75,000; or 3) do not install any banners this year. Mayor Arredia stated that the contract should have a late clause for late delivery and installation to protect the businesses. Moved by Beauvais, seconded by Sayad, to recommend to the City Council that Staff be authorized to solicit proposals for the 2002 City-Wide Banner Program. Motion declared carried. FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the March 4 , 2002 Warrant Register, in the total amount of $1 ,970,445.32 ; and further recommend that Resolution R-24-02 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Egeberg reviewed his memo of February 8, 2002, which gave an outline of the City's current outstanding general obligation debt and the respective interest rates; the City's total original bond debt from 1991 totals $87, 180, 000; the balance remaining as of January 1, 2002, is $70,265,000. LEGAL & LICENSING Alderman Smith, Chair Assistant City Attorney Bartel reviewed his memo of February 22, 2002, regarding the status and uniformity of parking fines contained in the City Code; most initial parking fines are $20, with four (4) exceptions; also reviewed were the parking fines already approved for recodification. ;> Alderman Christiansen stated that the fine for overtime parking 1, 2 and 3 hour limits should remain at $3.00 for the sake of shoppers; he will agree to the other increases but not this one. Moved by Beauvais, seconded by Murphy, to recommend to the City Council the City Code be amended to reflect changes in the following parking fines: Section 10-5-30 -Street Maintenance from $15 to $20 Section 10-5-18 -Snow Route Parking (both primary and secondary streets) from $3 to $20 Section 10-5-5H -Backing Into Parking Spaces and Occupying More Than One Space from $10 to $20 for each offense Section 10-5-5H -Overtime Parking 1, 2, and 3 Hour Limits from $3 to $20; and change fine previously approved for recodif ication by the City Council on October 15, 2001 for parking in the 1, 2 and 3 hour parking limit areas Section 10-11-12, from $3 to $20; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Christiansen voted no on the fine increase for Section 10-5-5H -Overtime Parking 1, 2 and 3 Hour Limits from $3 to $20. Alderman Smith reviewed City Attorney Wiltse's memo of February 22, 2002, regarding 7-Eleven, Inc. 's request for a liquor license to allow carry-out of wine and beer at their proposed new store in the new shopping center being built at Oakton Street and Wolf Road; without such a liquor license, they will not locate in that shopping center, or any other similar location in Des Plaines.~ - - --------------------------~~~~~~ 3/4/02 AMENDMENT Add: "Alderman Sayad noted that the fine for parking in a tow zone was increased from $50 to $55 and approved for recodification by the City Council last year; he asked if there are any tow zones in the City not part of the snow route ordinance, handicapped parking ordinance, resident-only ordinance, etc.; if there are, where are they located? Alderman Sayad was told that the Staff would research this and get back to him." LIQ. LIC. (Cont'd.) CAR DEALERS- HOTEL PROPOSALS: ORDINANCE Z-5-02 VARIATION/ 1682 MAPLE: 204 3/4/02 PAGE SEVEN City Attorney Wiltse stated that the City Code does provide for sale of alcoholic liquor in original containers only and not for consumption on the premises where sold, but such locations must have a minimum of 1,300 sq. ft. on the inside of the building; the City Code would have to be amended to accommodate 7-Eleven, Inc. Mr. Donald Ciszewski, Real Estate Manager, 7 -Eleven, Inc , Great Lakes Division, 1251 N. Plum Grove Road, Suite 170, Schaumburg, IL 60173, and Mr. Morton Siegel, Siegel, Moses & Schoenstadt, P.C., 444 N. Michigan Avenue, Suite 2600, Chicago, IL 60611, attorney for 7-Eleven, Inc., addressed the Committee of the Whole. They said they want to sell beer and wine only as a carry-out; their lease is contingent upon the issuance of a liquor license. Alderman Sayad stated his concern that this location is close to a school. Mr. Garry Danfield, 655 S. Des Plaines-River Road , addressed the Committee of the Whole asking why the City has to give them a liquor license; this is not a good idea so near the school; do not make a mistake like the Music Factory; he is scared. Moved by Beauvais, seconded by Becker, to recommend to the City Council that the City Attorney be authorized to draft an ordinance to clarify the requirements of the Class B-1 Liquor License and create a new class for beer and wine carry-out sales only. Motion declared carried (further action on this matter under Committee of the Whole on March 18, 2002). COMMUNITY DEVELOPMENT Alderman Becker, Chair Moved by Becker, seconded by Christiansen, to recommend to the City Council that members of the Community Development Committee (Aldermen Becker , Murphy, Christiansen) and Staff be authorized to negotiate an incentive package for car dealers considering locating in Des Plaines to include, but not limited to, length of terms and amount of money; when complete, each proposal will come back to the City Council for final approval. Motion declared carried. Moved by Becker, seconded by Christiansen, to TABLE authorization for members of the Community Development Committee (Aldermen Becker, Murphy, Christiansen, or substitute aldermen) and Staff to view the La Quinta Suite Hotel located out of state that is being planned for construction in TIF #6 at the corner of Pratt Avenue and Mannheim Road. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Christiansen, seconded by Becker, to place on First Reading Ordinance Z-5-02. Motion declared carried. Moved by Christiansen, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-5-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.2-2 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED STRUCTURE AT 1682 MAPLE STREET, DES PLAINES, ILLINOIS (CASE 01-63-V). Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. RESOLUTION R-22-02 INTERGOVERN. AGREEMENT/ O'HARE NOISE COMMISSION: SOCIAL SVS. AGENCIES/ ORGANIZA. FUNDING: CITY-WIDE BANNER PROGRAM: WARRANT REGISTER: Resolution R-24-02 FINES/ PARKING VIOLATIONS: 205 3/4/02 PAGE EIGHT Moved by Sayad, seconded by Argus, to adopt Resolution R-22-02, A RESOLUTION AUTHORIZING THE EXECUTION OF AN "INTERGOVERNMENTAL AGREEMENT" BETWEEN THE CITY OF DES PLAINES AND THE O'HARE NOISE COMPATIBILITY COMMISSION. Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Argus NAYS: 2-Christiansen, Smith ABSENT: 1-Brookman Motion declared carried. Moved by Argus, seconded by Sayad, to concur with recommendation of Committee of the Whole to approve the recommended funding for Social Service Agencies/ Organizations, in the total amount of $65,746/2002 Budget, as follows: Avenues to Independence The Center of Concern Children's Advocacy Center of NW Cook County Des Plaines Police Youth Club The HARBOUR, Inc. Journeys from PADS to HOPE Maine Center for Mental Health Maine Township Center for Addiction Northwest Center Against Sexual Assault Northwest Suburban Day Care Center Rainbow Hospice Self-Help Closet & Pantry of Des Plaines Shelter, Inc. Special People, Inc. Suburban Primary Health Care Council The Salvation Army Volunteer Center of Northwest Subur. Chicago Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker , Smith , Argus NAYS: 0-None ABSENT: 1-Brookman $ 1,000 5 ,000 1,500 6,000 2,000 4,000 2,000 2,000 2,000 13,146 1,000 12,000 2,000 2,600 1,000 7,000 1,500 $65 ,746 Alderman Murphy abstained from voting on funding for Maine Center for Mental Health (conflict of interest) and Alderman Christiansen abstained from voting on funding for Self-Help Closet & Pantry of Des Plaines (conflict of interest). Motion declared carried. Moved by Argus, seconded by Sayad, to concur with recommendation of Committee of the Whole that Staff be authorized to solicit proposals for the 2002 City-Wide Banner Program. Motion declared carried. Moved by Sayad, seconded by Becker, to concur with recommendation of Committee of the Whole to adopt Resolution R-24-02, 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: $1,970,445.32. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Smith, seconded by Becker, to concur with recommendation of Committee of the Whole to amend the City Code to reflect changes in the following parking fines: Section 10-5-30 -Street Maintenance from $15 to $20; Section 10-5-18 -Snow Route Parking (both primary and secondary streets) from $3 to $20; Section 10-5-5H -Backing Into Parking Spaces and Occupying More Than One Space from $10 to $20 each; FINES (Cont'd. ) CLARIFICATION CLASS B-1 LIQ. LIC. REQUIREMENTS: PETITIONS/ MUSIC FACTORY 1428 LEE: ORDINANCE Z-6-02 REVOCATION/ CONDIT. USE 1428 LEE: R-lA AND R-lAA ZONING DISTRICTS: 206 3/4/02 PAGE NINE Section 10-5-SH -Overtime Parking 1, 2, and 3 Hour Limits from $3 to $20; and change fine previously approved for recodif ication by the City Council on October 15, 2001 for parking in the 1, 2 and 3 hour parking limit areas, Section 10-11- 12, from $3 to $20; and City Attorney be authorized to draft necessary ordinance. Motion declared carried . Alderman Christiansen voted no on the fine increase for Sect ion 1 O -5 -SH -Overtime Parking 1, 2, and 3 Hour Limits from $3 to $20. Moved by Smith, seconded by Christiansen, to concur with recommendation of Committee of the Whole that City Attorney be authorized to draft an ordinance to clarify the requirements of the Class B-1 Liquor License and create a new class for beer and wine carry-out sales only. Motion declared carried (further action on this matter under Committee of the Whole on March 18, 2002. Mayor Arredia referred petitions received in the City Clerk's Office on February 19, 2002, from residents and businesses asking that the Music Factory Dance Club, 1428 Lee Street, be permanently closed, to Staff for review and report. A hearing was conducted by the City Council regarding Ordinance Z-6-02. City Attorney Wiltse submitted documents regarding the failure of the owner of the Music Factory, 1428 Lee Street , to meet the conditions in the Conditional Use. City Attorney Wiltse then asked if any representative of the owner wished to make any statements to the City Council; no representative of the owner came forward. City Attorney Wiltse concluded his presentation of evidence which was submitted for the record to the City Council. It was the finding of the City Council that the owner of the Music Factory, 142 8 Lee Street, did not meet the conditions of the Conditional Use as specified in Ordinance Z-25-01. After consideration of the evidence in the record and after questions by some aldermen, it was moved by Christiansen, seconded by Smith, to place on First Reading Ordinance Z-6-02. Motion declared carried. Moved by Christiansen, seconded by Smith, that based on the evidence in the record, to advance to Second Reading and adopt Ordinance z -6 -0 2 I AN ORD I NANCE REVOKING A CONDITIONAL USE PERMIT FOR FAILURE TO COMPLY WITH THE CONDITIONS SPECIFIED FOR THE GRANTING OF THE CONDITIONAL USE IN ORDINANCE Z-2 5 -01, WHICH ALLOWED FOR INDOOR COMMERCIAL RECREATION, SPECIFICALLY A DANCE HALL, IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE (Z-8-98) LOCATED AT 1428 LEE STREET, DES PLAINES, ILLINOIS (CASE 01-67-CU). Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Beauvais, seconded by Sayad, that Staff be authorized to research the establishment of two (2) new zoning districts: R-lA for minimum lot area of 22,000 sq. ft./half acre; and R-lAA for minimum lot size of one (1) acre; and report back to the City Council. Motion declared carried. ADJOURNMENT: 207 3 /4 /02 PAGE TEN Moved by Sayad, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:03 p.m. CLERK APPROVED BY ME THIS -=~----'~~~