04-01-2002216
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
APRIL 1, 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 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Ci vie Center on Monday,
April 1, 2002.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Brookman, Becker, Argus.
Aldermen Sayad and Smith were absent.
Also present were: City Manager Miller, Assistant City Manager-EDC
Director Schneider, Director of Finance Egeberg, Deputy Police Chief
Schneider, Fire Chief Farinella, Director of Engineering Oakley, Acting
Director of Public Works Dusckett, and Assistant City Attorney Bartel.
PRAYER AND
PLEDGE:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
LIQ. LIC./
620 LEE ST.:
Ordinance
M-21-02
ZONING CASE
02-05-CU-V
CONDIT. USE
& VARIATION/
2930 RIVER:
Consent
Agenda
Ordinance
Z-7-02
The opening prayer was given by Pastor Charles L. Reid,
Bethesda Worship Center, followed by the Pledge of
Allegiance to the Flag.
Alderman Christiansen requested that Items 2 and 2a be
removed from the Consent Agenda; and Alderman Brookman
requested that Items 4 and 4a be removed.
Moved by Beauvais, seconded by Becker, to establish a
Consent Agenda except for Items 2, 2a, 4 and 4a. Motion
declared carried.
Moved by Christiansen, seconded by Argus, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 2-Sayad, Smith
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-17-02, M-18-02, M-19-02, M-20-02 and Z-6-02 were
adopted; Ordinances M-22-02 and Z-7-02 were placed on
First Reading; and Resolutions R-32-02, R-33-02 and R-34-
02 were adopted.
Moved by Christiansen, seconded by Argus, to approve
minutes of the regular meeting of the City Council held
March 18, 2002. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Becker, to TABLE
request for new Class G Banquet Hall Liquor License for
property located at 620 Lee Street, d/b/a J.M.C.
Promociones, Inc., contingent upon verification of
fingerprints, and placing on First Reading Ordinance M-
21-02. Motion declared carried.
Moved by Christiansen, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Case 02-05-CU-V, to grant request to amend Conditional
Use (approved by the City Council on July 16, 2001 -
Ordinance Z-12-01), to decrease the room number from 262
to 253, a building height increase from 100. 83' to
102.56', a parking space decrease from 245 to 238, allow
five (5) parking stalls with dimensions of 9' x 14'
instead of the required 8.5' x 18'; permit a pole sign
with a total area of 120 sq. ft. instead of the permitted
110 sq. ft., on property located at 2930 S. Des Plaines-
River Road in C-2 Limited Office Commercial District; and
further recommend to place on First Reading Ordinance z-
7-02, AN ORDINANCE AMENDING CONDITIONAL USE ORDINANCE
NUMBER Z-12 -01 TO ALLOW VARIATIONS TO SECTIONS 9 . 7,
PARKING SPACES; 7.3.2 BUILDING HEIGHT; 9.6-3 PARKING ~
2930 RIVER
(Cont'd.)
AGREEMENT/
STORM WATER
PLAN,
PHASE II:
Resolution
R-31-02
AGREEMENT/
TOPOGRAPHIC
SERVICES
2003 CIP:
Consent
Agenda
Resolution
R-32-02
DEDICATION/
HERBERT H.
BEHREL CLOCK
TOWER:
Consent
Agenda
Resolution
R-33-02
DEDICATION/
SAVENA
GORSLINE
FLAG POLE:
Consent
Agenda
Resolution
R-34-02
FINAL PLAT/
DELGADO'S
SUBDIVISION
2133 ELMIRA:
Consent
Agenda
217
4/1/02
PAGE TWO
STALL VARIATION; AND 11.6-B POLE SIGN, OF THE DES PLAINES
ZONING ORDINANCE LOCATED AT 2930 SOUTH DES PLAINES RIVER
ROAD, DES PLAINES, ILLINOIS (CASE 02-05-CU-V). Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to accept proposal from Stanley
Consultants, Inc., 7501 W. Higgins Road, Suite 730,
Chicago, IL 60631, to design and implement a Storm Water
Management Plan, Phase II, as required under the National
Pollutant Discharge Elimination System (NPDES) Phase II
Rule, in the total amount not-to-exceed $39 ,000/General
Improvement Fund; Mayor and City Clerk be authorized to
execute necessary documents; it would be in the best
interest of the City that usual bid procedures be waived;
and further recommend to adopt Resolution R-31-02, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN STANLEY
CONSULTANTS, INC. AND THE CITY OF DES PLAINES FOR DESIGN
ENGINEERING AND IMPLEMENTATION OF A STORM WATER
MANAGEMENT PLAN, PHASE II. Upon roll call , the vote was :
AYES: 6-Beauvais, Christiansen, Murphy,
Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 2-Sayad, Smith
Motion declared carried.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to accept proposal from Gewalt
Hamilton Associates, Inc., 850 Forest Edge Drive, Vernon
Hills, IL 60061, to perform topographic surveying and
drafting for street and underground utility work for the
2003 Capital Improvement Program, in the amount of
$24,470/General Improvement Fund; Mayor and City Clerk
be authorized to execute necessary documents; and further
recommend to adopt Resolution R-32-02, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN GEWALT
HAMILTON ASSOCIATES, INC. AND THE CITY OF DES PLAINES FOR
TOPOGRAPHIC SURVEYING AND DRAFTING SERVICES AS PART OF
THE 2003 CAPITAL IMPROVEMENT PROGRAM. Motion declared
carried as approved unanimously under Consent Agenda .
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to authorize dedication of the Clock
Tower at Library Plaza in honor of former Mayor Herbert
H. Behrel, who was the longest serving Mayor in the
history of Des Plaines; and further recommend to adopt
Resolution R-33-02, A RESOLUTION AUTHORIZING THE
DEDICATION OF THE CLOCK TOWER TO BE PLACED AT THE LIBRARY
PLAZA FOR HERBERT BEHREL. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to authorize dedication of the Flag
Pole at Library Plaza in memory of Savena Gorsline for
her many years of active volunteer service to Des
Plaines, and in memory of her brothers, Alfred and Harold
Ahbe; and further recommend to adopt Resolution R-34-02,
A RESOLUTION AUTHORIZING THE PLACING OF A PLAQUE OF
DEDICATION FOR THE FLAG POLE AT THE DES PLAINES LIBRARY
TO SAVENA GORSLINE AND HER BROTHERS, ALFRED AHBE AND
HAROLD AHBE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Delgado's Sixth Subdivision, 2133 Elmira
Avenue, and Mayor and City Clerk be authorized to execute
same. Motion declared carried as approved unanimously
under Consent Agenda.
FINAL PLAT/
YARO SUBDIV.
726 FOURTH:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-22-02
REPEAL
VANDALISM
SECTION:
Consent
Agenda
ORDINANCE
M-17-02
FALSE
PERSONATION:
Consent
Agenda
ORDINANCE
M-18-02
BEER KEGS:
Consent
Agenda
ORDINANCE
M-19-02
PARENTAL
RESPONSIB.:
Consent
Agenda
ORDINANCE
M-20-02
UNDERAGE
DRINKING
AMENDMENT:
Consent
Agenda
ORDINANCE
Z-6-02
VARIATION/
1830 PRATT:
Consent
Agenda
218
4/1/02
PAGE THREE
Moved by Christiansen, seconded by Argus, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Yaro Subdivision, 726 S. Fourth Avenue;
and Mayor and City Clerk be authorized to execute same.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Drager Self-Contained Breathing
Apparatus, Related Equipment and Air Compressor ,
returnable by 3:00 p.m., Monday, April 22, 2002. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Roof Replacement at the Civic
Center, returnableby3:00p.m., Tuesday, April 23, 2002.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Testing and Maintenance of
Electrical Fire Protection Equipment and Fire
Extinguishing Sprinkler Systems, returnable by 3: 00 p. m.,
Tuesday, April 23, 2002. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to place on
First Reading Ordinance M-22-02, AN ORDINANCE REPEALING
TITLE VI, "POLICE REGULATIONS" CHAPTER 1, "GENERAL
OFFENSES" SECTION 57, "VANDALISM" IN ITS ENTIRETY (being
replaced with Ordinance M-19-02). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to adopt
Ordinance M-17-02, AN ORDINANCE AMENDING TITLE V,
"BUSINESS REGULATIONS" CHAPTER 46 , "REGISTRATION OF
SOLICITORS" TO ADD A NEW SECTION 14 I ii FALSE PERSONATION I II
OF THE DES PLAINES CITY CODE. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to adopt
Ordinance M-18-02, AN ORDINANCE AMENDING TITLE V,
"BUSINESS" CHAPTER 5 I "OTHER BUSINESSES" SECTION 34 I
"INTOXICATING LIQUORS" OF THE DES PLAINES CITY CODE TO
ADD A NEW SECTION 6 .1 "BEER KEGS. II Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to adopt
Ordinance M-19-02, AN ORDINANCE AMENDING TITLE VI,
"POLICE REGULATIONS" CHAPTER 1, "GENERAL OFFENSES" TO ADD
A NEW SECTION 62, "PARENTAL RESPONSIBILITY" OF THE DES
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to adopt
Ordinance M-20-02, AN ORDINANCE AMENDING TITLE VI,
"POLICE REGULATIONS" CHAPTER 15, "USE OF ALCOHOLIC
BEVERAGES BY UNDERAGE PERSONS" OF THE DES PLAINES CITY
CODE TO ADD NEW LANGUAGE. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to adopt
Ordinance Z-6-02, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 8.l-3(A) OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED
DETACHED GARAGE AT 1830 PRATT AVENUE, DES PLAINES,
ILLINOIS (CASE 01-44-V) . Motion declared carried as
approved unanimously under Consent Agenda.
ORDINANCE
Z-7-02
CONDIT. USE
& VARIATION/
2930 RIVER:
WARRANT
REGISTER:
ZONING CASE
01-48-CU
CONDIT. USE/
875 RAND:
ZONING CASE
02-07-V
VARIATION/
1335 E.
ALGONQUIN:
219
4/1/02
PAGE FOUR
Moved by Becker, seconded by Brookman, to advance to
Second Reading and adopt Ordinance Z-7-02, AN ORDINANCE
AMENDING CONDITIONAL USE ORDINANCE NUMBER Z-12 -01 TO
ALLOW VARIATIONS TO SECTIONS 9.7 PARKING SPACES; 7.3.2
BUILDING HEIGHT; 9.6-3 PARKING STALL VARIATION; AND 11.6-
B POLE SIGN, OF THE DES PLAINES ZONING ORDINANCE LOCATED
AT 2 93 0 SOUTH DES PLAINES RIVER ROAD I DES PLAINES I
ILLINOIS (CASE 02-05-CU-V). Upon roll call, the vote
was:
AYES: 6-Beauvais, Christiansen, Murphy,
Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 2-Sayad, Smith
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRA. -Alderman Christiansen, Vice Chair
Moved by Brookman, seconded by Becker, to recommend to
the City Council approval of the April 1, 2002 -Warrant
Register, in the total amount of $1, 856, 3 76. 3 5; and
further recommend that Resolution R-35-02 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT Alderman Becker , Chair
Assistant City Manager-EDC Director Schneider reviewed
Deputy Director of Community Development Molinari 's memo
of March 5, 2002, regarding request for Conditional Use
to permit operation of a used car sales lot on property
located at 875 Rand Road; the Des Plaines Zoning Board
of Appeals recommended in favor of granting this request;
the Staff does not recommend approval of a used car lot
at this location in accordance with the City Council's
direction that used car lots are not a desired use on
Rand Road; the petitioner must show the City Council why
his used car sales lot will be different .
Petitioner Daniel Lee and William Baxmann, manager of the
business, addressed the Committee of the Whole.
Alderman Becker asked if a business license was obtained
by the petitioner. Mr. Lee said, no, they thought their
auto body repair shop license included the business
license for selling used cars.
Several alderman expressed their concern that the
petitioner continued to sell used cars after he was told
to stop because he didn't have a business license; he
also allowed cars sold by a company in Palatine ,
Illinois, to be stored on his lot which means the sales
tax went to Palatine.
Moved by Christiansen, seconded by Beauvais, to recommend
to the City Council that Zoning Case 01-48-CU, 875 Rand
Road, be referred back to Staff and the Des Plaines
Zoning Board of Appeals for further review. Motion
declared carried.
Assistant City Manager-EDC Director Schneider reviewed
Deputy Director of Community Development Molinari's memo
of March 18, 2002, regarding request for a Variation to
permit construction of a detached two-car garage that
would result in a lot coverage of 36.5%, instead of the
permitted 30%, on property located at 1335 E. Algonquin
Road; the Des Plaines Zoning Board of Appeals recommended
the Variation be granted; the Staff recommended that it
be denied.
ALGONQUIN RD.
(Cont'd.)
ZONING CASE
02-11-V
VARIATION/
1407 REDEKER:
220
4/1/02
PAGE FIVE
Alderman Brookman stated that she disagrees with Staff's
recommendation; this is a unique physical condition; the
neighbors in the area have no problem with this request;
there is a problem with parking on Algonquin Road; she
doesn't see any reason to prohibit this request.
Alderman Argus stated that she will be voting for this
request.
Petitioner Manuel Contrera addressed the Committee of the
Whole.
Alderman Christiansen stated his concern about the lot
coverage; he would approve a one-car garage but not a
two-car garage.
Moved by Brookman, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
recommend to the City Council, re Case 02-07-V, to grant
reguest for Variation to permit construction of a two-
car, detached garage that would result in a lot coverage
of 36.5% instead of the permitted 30% on property located
at 1335 E. Algonquin Road in R-1 Single-Family
Residential District; and City Attorney be authorized to
draft necessary ordinance. Motion declared carried.
Aldermen Beauvais and Christiansen voted no.
Assistant City Manager-EDC Director Schneider reviewed
Deputy Director of Community Development Molinari's memo
of March 18, 2002, regarding request for Variation to
permit construction of a rear unpaved parking lot without
hard surface pavement, striping and continuous
combination concrete curb and gutter normally required
for off-street parking lots on property located at 1407
Redeker Road; the Des Plaines Zoning Board of Appeals
recommended that the Variation be granted; the Staff
recommended approval with conditions.
Alderman Beauvais stated her concern about the appearance
of the parking lot; it needs to be kept in a clean and
orderly fashion.
Alderman Christiansen stated his concern about the noise
that would impact the residential area; a fence would
help.
Mayor Arredia questioned whether Commonwealth Edison
would permit a fence on their property.
Petitioner Peter Damiano addressed the Committee of the
Whole stating that his lot would be far enough away that
noise would not be a problem.
Alderman Beauvais stated that she has received complaints
from the trailer park about the noise; none of the other
businesses have fences--maybe everyone should put up a
fence.
Alderman Murphy stated that she would like to see a fence
put up.
Alderman Becker stated that he would like the hours of
business changed from 9:00 p.m. to 6:00 a.m. to 9:00 p.m.
to 7:00 a.m.
Moved by Beauvais, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, and recommend to the City Council, re Case 02-11-
V, to grant request to permit construction of a rear
unpaved parking lot without hard surface pavement,
striping and continuous combination concrete curb and
gutter normally required for off-street parking lots,
with conditions, i.e. vehicles will not be taken to or
REDEKER ROAD
(Cont'd.)
ORDINANCE
T-1-02
PARKING
VIOLATION
FINES:
WARRANT
REGISTER:
Resolution
R-35-02
PAGE SIX
221
4/1/02
from the parking area between the hours of 9:00 p.m. and
7:00 a.m., on property located at 1407 Redeker Road, in
M-1 Limited Manufacturing District; and City Attorney be
authorized to draft necessary ordinance.
A resident at 697 Laurel Avenue addressed the Committee
of the Whole stating his concern that the City Council
is tough on business; this business has been there for
many years; there have been no noise complaints before;
people are noticing that the City Council is tough on
business.
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Beauvais, seconded by Murphy, to adopt Ordinance
T-1-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER
5, "STOPPING, STANDING AND PARKING" AND CHAPTER 11 ,
"PARKING LOTS" TO INCREASE CERTAIN PARKING FINES.
Alderman Brookman stated that these fines are excessive
and hostile to the residents and she will be voting no.
Alderman Argus stated that there should be better
signage; the fines are proper.
Alderman Christiansen stated that he agrees with Alderman
Brookman; we are forcing shoppers to go to the malls.
Moved by Becker, seconded by Christiansen, to adopt a
substitute motion to amend Ordinance T-1-02 by DELETING
fines for 1, 2, 3 hour limit (Sections 10-5-5(H) and 10-
11-12).
Alderman Beauvais stated that people would prefer to pay
the $3 fine and be able to park all day; maybe we should
give more than one (1) ticket a day.
Alderman Christiansen stated that he can understand
Alderman Beauvais' concern; we could instruct the parking
enforcement officers to write more tickets each day.
Alderman Murphy stated that she supports the increases;
there should be consequences for violators.
Motion declared failed on the substitute
Aldermen Christiansen and Becker voted yes;
Beauvais, Murphy, Brookman, Argus voted no.
motion.
Aldermen
Upon roll call on the original motion, the vote was:
AYES: 3-Beauvais, Murphy, Argus
NAYS: 4-Christiansen, Brookman, Becker, Arredia
ABSENT: 2-Sayad, Smith
Motion declared failed.
Moved by Christiansen, seconded by Argus, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-35-02, 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:
$1,856,376.35. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 2-Sayad, Smith
Motion declared carried.
ZONING CASE
01-48-CU
CONDIT. USE/
875 RAND:
ZONING CASE
02-07-V
VARIATION/
1335 E.
ALGONQUIN:
ZONING CASE
02-11-V
VARIATION/
1407 REDEKER:
PETITIONS/
REFUSE
CONTAINERS:
ADJOURNMENT:
APPROVED
222
4/1/02
PAGE SEVEN
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole that Zoning Case
01-48-CU, 875 Rand Road, be referred back to Staff and
the Des Plaines Zoning Board of Appeals for further
review. Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole re Zoning Case
02-07-V, to grant request for Variation to permit
construction of a two-car, detached garage that would
result in a lot coverage of 36.5% instead of the
permitted 30% on property located at 1335 E. Algonquin
Road in R-1 Single-Family Residential District; and City
Attorney be authorized to draft necessary ordinance.
Motion declared carried. Aldermen Beauvais and
Christiansen voted no; Aldermen Murphy, Brookman, Becker
Argus and Mayor Arredia voted yes. (further action on
this matter under Unfinished Business on April 15, 2002)
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole re Zoning Case
02-11-V, to grant request to permit construction of a
rear unpaved parking lot without hard surface pavement,
striping and continuous combination concrete curb and
gutter normally required for off-street parking lots,
with conditions, i.e. vehicles will not be taken to or
from the parking area between the hours of 9:00 p.m. and
7:00 a.m., on property located at 1407 Redeker Road in
M-1 Limited Manufacturing District; and City Attorney be
authorized to draft necessary ordinance. Motion declared
carried (further action on this matter under Consent
Agenda on April 15, 2002).
Mayor Arredia referred petitions presented to the City
Clerk by Alderman Murphy on March 18, 2002, requesting
that the City enact an ordinance which requires all
refuse containers to be maintained in an enclosed
structure, i.e. garage, until twelve hours prior to the
scheduled pick up date for disposal when said containers
should be deposited at the curb, to Staff for review and
report.
Moved by Brookman, seconded by Argus, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 8:41 p.m.
CITY CLERK
/