05-06-2002234
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, MAY
6, 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 Monday, May
6, 2002.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith, Argus.
Aldermen Beauvais and Brookman were absent. Aldermen
Beauvais and Brookman arrived at 6:17 p.m.
Also present were: City Manager Miller, Assistant City Manager-EDC
Director Schneider, Director of Finance Egeberg, Police Chief Ryan, Fire
Chief Farinella, Director of Engineering Oakley, Acting Director of
Public Works Dusckett, Director of Human Resources & Services Merriman,
Assistant City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
RECOGNITION:
CITIZEN
PARTICIPA.:
Moved by Christiansen, seconded by Murphy, to go into
Executive Session to discuss acquisition of real
property. Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 2-Beauvais, Brookman
Motion declared carried.
The City Council recessed at 6:16 p.m.
The City Council reconvened at 7:06 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
The opening prayer and Pledge of Allegiance to the Flag
was given by Des Plaines Girl Scout Unit 636.
Co-Service Unit Managers, Mary Moore and Jennie
Dalesandro of Des Plaines Girl Scout Unit 636, thanked
Alderman Sayad for his generous donation of material so
the girls and leaders of Unit 636 could craft 40 no-sew
fleece blankets that will be donated to women's and
family shelters in our community; several of the blankets
were displayed by the Girl Scouts for everyone to see.
Mayor Arredia recognized Police Officer Joan Misheikis
for assisting the Chicago Police Department in the arrest
of an of fender in our township; the Chicago Police
Department has expressed their appreciation of Officer
Misheikis' cooperation.
Mayor Arredia recognized Police Officer Colin Johnson for
coming to the aid of a motorcyclist who was throw from
his bike and required medical attention; Police Officer
Johnson displayed genuine care and concern to not only
the victim but his family as well.
Ms. Madlan McKernan, 1920 Andy Lane, addressed the City
Council regarding her concerns about the way the Tree
Trimming Project is being handled by ComEd; she would
like the City to look for a better way to do the job;
perhaps Keep Des Plaines Beautiful Commission could do
that.
Mrs. Linda Foreman, Chairman of Taste of Des Plaines,
addressed the City Council regarding the upcoming Taste,
June 1-2, 2002, and the many activities being planned'1'1
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
R-la & R-laa
SINGLE-FAM.
ZONING
DISTRICTS:
Consent
Agenda
ZONING CASE
01-27-A
MAP AMEND./
1100 N.W.
HIGHWAY:
Consent
Agenda
Ordinance
Z-10-02
CITY EARLY
RETIREMENT
PROGRAM AND
IMRF EARLY
RETIREMENT
PROGRAM:
Consent
Agenda
Resolutions
R-44-02
R-45-02
PAGE TWO
235
5/6/02
Alderman Sayad requested that Items 9 and 9a be removed
from the Consent Agenda; and Alderman Beauvias requested
that Item 16 be removed.
Moved by Beauvais, seconded by Murphy, to establish a
Consent Agenda except for Items 9, 9a and 16. Motion
declared carried.
Moved by Christiansen, seconded by Argus, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-24-02 and Z-8-02 were adopted; Ordinances M-26-02, M-
27-02, Z-10-02 and Z-11-02 were placed on First Reading;
and Resolutions R-44-02, R-45-02, R-48-02, R-49-02, R-50-
02, R-51-02 and R-52-02 were adopted.
Moved by Christiansen, seconded by Argus, to approve
minutes of the regular meeting of the City Council held
April 15, 2002, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to approve
minutes of Executive Session of the City Council held
April 15, 2002. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to approve
minutes of Executive Session of the Committee of the
Whole held April 22, 2002. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
recommendation of Committee of the Whole held April 22,
2002, that the matter of bulk regulations for proposed
R-la and R-laa Single-Family Residential Zoning Districts
be referred back to Staff for further review and report.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
recommendation of Committee of the Whole held April 22,
2002, re Zoning Case 01-27-A, to grant request for a Map
Amendment to rezone property located at 1100 Northwest
Highway from M-2 General Manufacturing District to R-4
Central Core Residential District; and further recommend
to place on First Reading Ordinance z-10-02, AN ORDINANCE
GRANTING A REQUEST FOR A MAP AMENDMENT FROM M-2 GENERAL
MANUFACTURING TO R-4 CENTRAL CORE RESIDENTIAL LOCATED AT
1100 NORTHWEST HIGHWAY (CASE 01-27-A) . Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
consensus in Executive Session of the Committee of the
Whole held April 22, 2002, that City implement an Early
Retirement Program effective May 1, 2002 to May 31, 2003,
that would give retiring employees five (5) years of
single health insurance coverage or $10,000; City adopt
the IMRF Early Retirement Incentive Program 5+5 to be
offered for one (1) year beginning June 1, 2002 and
ending May 31, 2003; and further recommend to adopt:
Resolution R-44-02, A RESOLUTION APPROVING AN EARLY
RETIREMENT INCENTIVE PROGRAM FOR THE CITY OF DES PLAINES
EMPLOYEES; and
Resolution R-45-02, A RESOLUTION ALLOWING FOR THE
ADOPTION OF AN EARLY RETIREMENT PROGRAM OFFERED BY THE
ILLINOIS MUNICIPAL RETIREMENT FUND (IMRF) EFFECTIVE JUNE
1, 2002 THROUGH MAY 31, 2003.
Motion declared carried as approved unanimously under
Consent Agenda.
UNLAWFUL USE/
INTOXICATING
COMPOUNDS:
Consent
Agenda
Ordinance
M-26-02
LICENSE
AGREEMENT/
242 KINKAID:
Consent
Agenda
Ordinance
M-27-02
ISSUE GO
REFUNDING
BONDS/
SERIES
2002A (1993):
Ordinance
M-28-02
MFT FUNDS/
GOLF ROAD
RECONST. AT
D.P. RIVER:
Consent
Agenda
Resolution
R-48-02
236
5/6/02
PAGE THREE
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to amend Title VI "Police
Regulations," Chapter 1, to add a new Section 63
"Unlawful Use of Intoxicating Compounds" of the City Code
to allow the Police Department to charge a juvenile
offender with this offense; and further recommend to
place on First Reading Ordinance M-26-02, AN ORDINANCE
AMENDING TITLE VI, "POLICE REGULATIONS" CHAPTER 1,
"GENERAL OFFENSES II TO ADD A NEW SECTION 63 I "UNLAWFUL USE
OF INTOXICATING COMPOUNDS" TO THE DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to grant request to permit
installation of an underground sprinkler system in the
City-owned right-of-way adjacent to property located at
242 Kinkaid Court; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-27-02 ,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH JEROME BUDZ, FOR PROPERTY OWNER
JULIA BUDZ, FOR THE INSTALLATION OF AN UNDERGROUND LAWN
SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF
242 KINKAID COURT, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Alderman Sayad stated that the cost savings to the City
in refunding the 1993 General Obligation Bonds maturing
in various years, will be $239,119 instead of the
projected $156,000, and he would like the motion to so
indicate.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to authorize City to issue General
Obligation Corporate Purpose Refunding Bonds, Series
2002A, to refund portion of 1993 General Obligation Bonds
maturing in each of the years 2005 to 2008, inclusive ,
and all of the 1993 General Obligation Bonds maturing in
the years 2009 to 2011, inclusive, for an estimated cost
savings to the City of $239,119; and further recommend
to place on First Reading Ordinance M-28-02. Motion
declared carried.
Moved by Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-28-02, AN ORDINANCE
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CORPORATE
PURPOSE REFUNDING BONDS, SERIES 2 0 02A, OF THE CITY OF DES
PLAINES, ILLINOIS. 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 Christiansen, seconded by Argus, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute agreement with Illinois Department
of Transportation (IDOT) (executed on March 25, 2002) for
the reconstruction of the Golf Road Bridge over the Des
Plaines River and improve the intersection of Golf Road
and Des Plaines River Road, at a cost to the City of
$257,573/MFT Funds, Section 02-00183-00 TL; and further
recommend to adopt Resolution R-48-02, A RESOLUTION
AUTHORIZING THE APPROPRIATION OF $257,573 MOTOR FUEL TAX
FUNDS TO PAY FOR THE CITY'S SHARE OF THE COST OF
INSTALLING AND RELOCATING EMERGENCY VEHICLE PRE-EMPTION
EQUIPMENT ALONG 58 (GOLF ROAD) OVER THE DES PLAINES
RIVER, KNOWN AS STATE SECTION 583-B-BR, CITY MFT SECTION
02-00183-00 TL, STATE CONTRACT NO. 60162. Motion
declared carried as approved unanimously under Consent
Agenda.
WATER MAIN
RELOCATION
DESIGN/
GOLF ROAD
RECONST.:
Consent
Agenda
Resolution
R-49-02
VEHICLE
ENFORCEMENT
AGREEMENT/
1470-1480
JEFFERSON:
Consent
Agenda
Resolution
R-50-02
AMEND CDBG
ACTION PLAN/
WINDOWS AT
1380
JEFFERSON:
Consent
Agenda
Resolution
R-51-02
AGREEMENT/
CEDA N.W.
WINDOWS AT
1380
JEFFERSON:
Consent
Agenda
Resolution
R-52-02
FINAL PLAT
FIRST PRESB.
CHURCH/
1755 HOWARD:
Consent
Agenda
237
5/6/02
PAGE FOUR
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute agreement with Raymond Professional
Group, 321 N. Clark Street, Suite 1100, Chicago, IL
60610, IDOT's design-engineering consultant for the Golf
Road Reconstruction at the Des Plaines River Project, to
add the water main design for the relocation of the
City's existing 12" water main at this location, in the
amount not-to-exceed $16,132.28/Water Fund; and further
recommend to adopt Resolution R-49-02, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN RAYMOND
PROFESSIONAL GROUP, INC. AND THE CITY OF DES PLAINES FOR
ENGINEERING SERVICES AS PART OF RELOCATION OF A 12-INCH
WATER MAIN AT GOLF ROAD OVER THE DES PLAINES RIVER.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Enforcement of Municipal Ordinances
on Private Property with Jefferson Walk Condominium
Association, for police, traffic and parking enforcement
on property located at 1470-1480 Jefferson Street; and
further recommend to adopt Resolution R-50-02, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER
TITLES VI "POLICE REGULATIONS" AND X "TRAFFIC" OF THE
CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES
PLAINES AND JEFFERSON WALK CONDOMINIUM ASSOCIATION FOR
PROPERTY LOCATED AT 1470-1480 JEFFERSON STREET, DES
PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation that City be authorized to amend its
Program Year 2001 Annual Community Development Block
Grant (CDBG) Action Plan to allow CDBG funds to be used
for window replacement at 1380 Jefferson Street, in the
estimated amount of $40,000; and further recommend to
adopt Resolution R-51-02 I A RESOLUTION APPROVING THE
AMENDMENT TO THE ANNUAL ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM TO INCLUDE WINDOW
REPLACEMENT FOR 13 8 0 JEFFERSON STREET I DES PLAINES I
ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute agreement with CEDA Northwest,
Inc., 1300 W. Northwest Highway, Mt. Prospect, IL 60056,
to provide replacement of windows at 1380 Jefferson
Street in the estimated amount of $40,000, as part of the
Community Development Block Grant (CDBG) Program; and
further recommend to adopt Resolution R-52-02, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF DES PLAINES AND CEDA NORTHWEST, INC.
FOR REPLACEMENT OF WINDOWS AT 1380 JEFFERSON STREET AS
PART OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
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 First Presbyterian Church of Des Plaines
Resubdivision, 1755 Howard Avenue (southwest corner of
Howard Avenue and Maple Street); and Mayor and City Clerk
be authorized to execute same. Motion declared carried
as approved unanimously under Consent Agenda.
PURCHASE/
FIRE ENGINE:
BID AWARD/
BREATHING
APPARATUS
&: ACCESS.:
Consent
Agenda
BID AWARD/
ROOF REPLAC.
CIVIC CENTER:
Consent
Agenda
BID AWARD/
FIRE PROTEC./
SPRINKLER
EQP.-PUBLIC
WORKS:
Consent
Agenda
BID AWARD/
FIRE HYDRA.
&: ASSEMB.-
PUB. WKS.:
Consent
Agenda
BID AWARD/
OAKWOOD AVE.
SEWER &: STR.
RECONSTRUC.:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
238
5/6/02
PAGE FIVE
Moved by Beauvais, seconded by Sayad, that the purchase
of a new Fire Engine to replace 1988 Darley Pumper be
TABLED for discussion during the upcoming budget
hearings. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Sayad,
Brookman, Becker, Argus
NAYS: 2-Murphy, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to award bid for Drager Self-
Contained Breathing Apparatus, Compressor and Accessories
to the lowest bidder, AFC International, 699 Winsor,
DeMotte, IN 46310, in the adjusted bid amount of $225,559
(minus $1, 218 for deleted SCBA Test 80 Kit) /Budgeted
Funds ($200,648.08) and Foreign Fire Insurance Tax Fund
($24, 911) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to award bid for Roof Replacement
at the Civic Center to the lowest bidder, Wendell
Roofing, 2942 S. Cicero Avenue, Cicero, IL 60804, in the
total bid amount of $26,914/Building Replacement Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to award bid for three (3) -year
contract for Testing and Maintenance of Electrical Fire
Protection Equipment and Fire Extinguishing Sprinkler
Systems (Public Works Department) to the lowest bidder,
J. F. Ahern Company, 855 Morris Street, Fond Du Lac, WI
54936, in the total bid amount of $4,106 for Year One;
$3,832 for Year Two and $3,951 for Year Three/Building
& Grounds Fund. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to award bid for Fire Hydrants and
Auxiliary Valve Assemblies (Public Works Department) to
the single bidder, U.S. Filter Distribution Group, 220
S. Westgate Drive, Carol Stream, IL 60188, in the total
bid amount of $1, 313 per Hydrant/Water Distribution Fund.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to award bid for Oakwood Avenue
Storm Sewer and Street Reconstruction to the lowest
qualified bidder, Glenbrook Excavating & Concrete, Inc.,
20389 Weiland Road, Prairie View, IL 60069, in the total
bid amount of $2,302,435.50/MFT Funds, Section 02-00182-
00 SS ($1,912,435.50), Illinois First Grant Funds
($290,000) and Water Fund ($100,000). 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 2002 Sidewalk and Curb Replacement
Program, returnable by 3 : O o p. m. , Wednesday, May 2 2 ,
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 Automotive Engine Diagnostic
Equipment, returnable by 3:00 p.m., Thursday, May 23,
2002. Motion declared carried as approved unanimously
under Consent Agenda.
APPOINTMENTS/
REAPPOINT. :
Consent
Agenda
ORDINANCE
Z-11-02
CONDIT. USE/
875 RAND:
Consent
Agenda
ORDINANCE
M-24-02
LIC. AGREE./
1300
JEFFERSON:
Consent
Agenda
ORDINANCE
Z-8-02
VARIATION/
1407
REDEKER:
Consent
Agenda
WARRANT
REGISTER:
BACKGROUND
CHECKS/
BUSINESS
LICENSES:
239
5/6/02
PAGE SIX
Moved by Christiansen, seconded by Argus, to approve
Mayoral appointments/reappointments as follows:
Appointments:
SPECIAL EVENTS COMMISSION
Susan Locsmandy, term to expire August 31, 2006
Heather Wallace, term to expire August 31, 2005
Edith Behnke, term to expire August 31 , 2003
KEEP DES PLAINES BEAUTIFUL COMMISSION
June Grant, term to expire June 1 , 2004
Reappointments:
BOARD OF FIRE AND POLICE COMMISSIONERS
Arthur Lukowicz, term to expire April 30, 2005
CABLE COMMISSION
Joe Botte, term to expire April 30, 2005
Keith Gerber, term to expire April 30, 2005
ECONOMIC DEVELOPMENT COMMISSION
Mary Howard, term to expire April 30, 2006
James O'Carroll, term to expire April 30 , 2006
Rick Ornberg, term to expire April 30, 2006
James Ulett, term to expire April 30, 2006
ZONING BOARD OF APPEALS
James Szabo, term to expire April 30, 2007
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Argus, to place on
First Reading Ordinance Z-11-02, AN ORDINANCE ALLOWING
FOR USED MOTOR VEHICLE SALES IN A C-3 GENERAL COMMERCIAL
ZONING DISTRICT AT 875 RAND ROAD, DES PLAINES, ILLINOIS
(CASE 01-48-CU) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to adopt
Ordinance M-24-02, AN ORDINANCE AUTHORIZING THE EXECUTION
OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH ROBERT A.
CARLBERG, MANAGER FOR 1300 JEFFERSON GENERAL PARTNERSHIP ,
FOR THE INSTALLATION OF A SEWER CLEAN-OUT SYSTEM IN THE
PUBLIC RIGHT-OF-WAY IN FRONT OF 1300 JEFFERSON STREET,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Argus, to adopt
Ordinance Z-8-02, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 9. 6 -4 OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE CONSTRUCTION OF AN UNPAVED OFF-
STREET PARKING LOT WITHOUT THE REQUIRED HARD SURFACE
PAVEMENT, CONTINUOUS COMBINATION CONCRETE CURB AND
GUTTER, AND STRIPING LOCATED AT 1407 REDEKER ROAD, DES
PLAINES, ILLINOIS (CASE 02-11-V). Motion declared
carried as approved unanimously under Consent Agenda.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the May 6, 2002 -Warrant
Register, in the total amount of $3,238,701.87; and
further recommend that Resolution R-47-02 be adopted at
appropriate time this evening. Motion declared carried.
LEGAL & LICENSING Alderman Smith, Chair
Alderman Smith reviewed Assistant City Attorney Bartel's
memo of April 19, 2002, regarding the City Council's
request that the Staff review Title V of the City Code
to determine if background checks should be added as an
application requirement for certain business licenses.
BACKGROUND
(Cont'd.)
PROCEDURE/
SWORN
TESTIMONY
BEFORE CITY
COUNCIL:
240
5/6/02
PAGE SEVEN
Alderman Sayad stated that we need to clarify who would
be checked, i.e. owner, manager, employees; are we going
to define a criminal background check from 20 years ago
or is there a cut-off time?
City Attorney Wiltse stated that each case will be
reviewed and then a recommendation will be made.
Alderman Sayad stated that he would like Staff's
documentation to indicate who made the recommendation.
Alderman Smith questioned whether there would be any
appeals rights, i.e. City Council. City Attorney Wiltse
said, yes, the Mayor or Courts.
Alderman Brookman stated that she agrees that some
businesses should have some kind of background check.
Alderman Becker questioned how long the process would
take. Police Chief Ryan said it could take three (3)
weeks to a month.
Alderman Murphy stated that we should have some objective
criteria; will this process require any additional
personnel? City Attorney Wiltse said that if we expand
this out to a lot of different businesses, yes it could.
Alderman Smith questioned whether this information would
then be available under the Freedom of Information Act.
City Attorney Wiltse said he would have to check the FOI
Act; we might not be able to share this information if
it is obtained from the FBI.
Alderman Smith stated that he would like to discuss this
further with the City Attorney and the Executive Director
of the Chamber of Commerce and come up with some
objective criteria.
Alderman Beauvais stated that we may need to include some
of the criteria now required by the State and Federal
agencies.
Mr. Terry Langan, 83 o Algonquin Road, addressed the
Committee of the Whole stating that fingerprinting can
be very involved; maybe only the principals should be
fingerprinted; you should have a model ordinance.
Moved by Sayad, seconded by Argus, to recommend to the
City Council that Alderman Smith meet with the Staff and
the Des Plaines Chamber of Commerce representative to
develop a background check criteria for business
licenses, and report back to the City Council. Motion
declared carried.
Assistant City Attorney Bartel reviewed his memo of April
26, 2002, regarding whether petitioners who appear before
the City Council should be required to make their
statements under oath.
Alderman Smith stated that he doesn't think this is
necessary; he doesn't know what purpose this would serve.
Alderman Sayad stated only petitioners for variations who
are sworn in at Des Plaines Plan Commission and Des
Plaines Zoning Board of Appeals meetings should be sworn
in at the City Council meeting; this does not include
residents.
City Attorney Wiltse stated that this could cause a
problem if you require this of one half of the group and
not the other on a particular variation.
Alderman Brookman stated that this could be a detriment
to the people; they are already somewhat intimidated wh~
TESTIMONY
(Cont'd.)
PARKING
FINES/
1, 2 &. 3-
HOUR ZONES:
LIBRARY
LEASE:
PAGE EIGHT
241
5/6/02
they have to address the City Council; we should be
encouraging them to address us and not discourage them;
there are already safeguards in place.
Alderman Beauvais stated that their testimony would
already be documented because we have the meeting on
tape; if they lie, we have no recourse, there are no
consequences.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
Committee of the Whole stating that he has appeared
before the Des Plaines Zoning Board of Appeals and he was
never sworn in and he couldn't even rebut what the other
person said.
Moved by Brookman, seconded by Christiansen, to recommend
to the City Council that petitioners who appear before
the City Council should not be required to make their
statements under oath.
Alderman Sayad stated that he will be voting no on this
motion because there are areas when the petitioners
should be sworn in, but not residents for their comments.
Alderman Murphy stated that she would like the minutes
of the Des Plaines Plan Commission and Des Plaines Zoning
Board of Appeals to indicate when people are sworn in.
Alderman Argus stated that she has attended these
meetings and the petitioners were sworn in.
Motion declared carried on Alderman Brookman's motion.
Aldermen Sayad, Becker and Argus voted no.
Assistant City Attorney Bartel reviewed his memo of April
25, 2002, which requests that the parking fines in 1, 2
and 3-hour restricted areas be increased from $3 to $10.
Alderman Brookman stated that she is against this
increase.
Alderman Becker stated that he was against the fine
increase when it went from $3 to $20, but he would be for
the $10 fine.
Alderman Brookman stated that maybe we could mark the
tires and then after a certain length of time to see if
they are using the space as a parking lot, fine them.
Move by Beauvais, seconded by Argus, to recommend to the
City Council to increase the overtime parking fine in 1,
2, and 3-hour parking zones from $3 to $10; and Ordinance
T-2-02 be placed on First Reading at appropriate time
this evening. Motion declared carried. Alderman
Brookman voted no.
City Attorney Wiltse reviewed his memo of April 8, 2002,
regarding the draft of the proposed Library Lease with
the City which has been reviewed by the Library's
attorney, Gerry Dempsey, and now will go to the Library
Board.
There was a general discussion on the exterior
maintenance and possible brick damage liability. City
Attorney Wiltse stated that this could be clarified in
the Lease.
Moved by Beauvais, seconded by Becker, to recommend to
the City Council that aldermen submit their comments/
suggestions regarding the proposed Library Lease to City
Attorney Wiltse for review by the Library Board, and then
report back to the Committee of the Whole. Motion
declared carried.
NEW CLASS
H-1
LIQ. LIC./
BEER &: WINE
CARRYOUT
ONLY:
CLASS B-1
LIQ. LIC./
BULK SALES:
RECESS:
ORDINANCE
Z-9-02
VARIATION/
1335 E.
ALGONQUIN:
242
5/6 /02
PAGE NINE
Alderman Brookman stated that she is not comfortable
creating a new classification; this would represent a
major change in our law; we should go slowly; we should
get more information from other communities.
Alderman Christiansen stated that there are
questions that should be answered about this
clasaif ication and also about other businesses
complying with our ordinance.
some
new
not
Moved by Brookman, seconded by Christiansen, to recommend
to the City Council that the City NOT create a new Class
H-1 Liquor License for beer and wine carryout only until
more information is obtained from other communities.
Upon roll call, the vote was:
AYES: 3-Christiansen, Murphy, Brookman
NAYS: 5-Beauvais , Sayad , Becker , Smith , Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Sayad, seconded by Becker, to recommend to the
City Council that the request for a new Class H-1 Liquor
License for beer and wine carryout only be ref erred back
to Staff for further review of concerns from residents,
and report back to the Committee of the Whole on June 17 ,
2002. Motion declared carried .
Alderman Smith reviewed the proposed changes and language
clarification for the B-1 Liquor License that would
permit this license to be issued to smaller stores :
Mr. Patrick Gillespie, Packy's Wine & Liquor's, 1440 E .
Oakton Street , addressed the Committee of the Whole
stating his opposition to this proposed ordinance change;
this would permit the sale of liquor on every corner; we
do not need this change.
Alderman Beauvais asked if the aldermen could rece i ve
examples of how other communities are handling beer and
wine carryout only.
Moved by Christiansen, seconded by Brookman, to recommend
to the City Council that the request for changes and
language clarification for the B-1 Liquor License that
would permit this license to be issued to smaller stores
be referred back to Staff for further review and report
back to the Committee of the Whole on June 17, 2002 .
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Murphy, seconded by Brookman, to take a five (5)
minute recess. Motion declared carried. Aldermen Sayad
and Becker voted no.
The City Council recessed at 9:20 p.m.
The City Council reconvened at 9:25 p.m.
Moved by Sayad, seconded by Becker, to adopt Ordinance
Z-9-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION
7.2-4(D) OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
PERMIT THE CONSTRUCTION OF A DETACHED GARAGE, RESULTING
IN A LOT COVERAGE OF 36.5 PERCENT INSTEAD OF THE
PERMITTED 3 0 . 0 PERCENT, LOCATED AT 13 3 5 E. ALGONQUIN
ROAD , DES PLAINES, ILLINOIS (CASE 02-07-V). Upon roll
call, the vote was:
AYES: 6-Beauvais, Murphy, Sayad,
Brookman, Becker, Argus
NAYS: 2-Christiansen, Smith
ABSENT: 0-None
Motion declared carried.
ZONING CASE
02-04-A
MAP AMEND./
PARKING
SPACES:
NON-UNION
EMPLOYEES
WAGE
ADJUSTMENT:
Ordinance
M-29-02
WARRANT
REGISTER:
Resolution
R-47-02
BACKGROUND
CHECKS/
BUS. LIC.:
PROCEDURE/
SWORN
TESTIMONY
BEFORE CITY
COUNCIL:
243
5/6/02
PAGE TEN
Moved by Brookman, seconded by Christiansen, to concur
with recommendation of Committee of the Whole held April
22, 2002, re Zoning Case 02-04-A, that the matter of
amending Section 9.7 of the Zoning Ordinance to increase
the required number of parking spaces for multi-family
dwellings from 1.5 spaces per unit to 2.0 spaces per unit
(townhouses not included because they already require 2. o
spaces), be referred back to the Community Development
Committee, Aldermen Beauvais and Staff to meet with
developers and condo board members and report back to the
Committee of the Whole on June 3, 2002 (later changed to
June 10, 2002). Motion declared carried. Alderman Smith
abstained (conflict of interest) .
Moved by Christiansen, seconded by Smith, to concur with
majority agreement in Executive Session of Committee of
the Whole held April 22, 2002, to approve a general wage
increase for non-union positions of 3.5% effective May
1, 2002 to April 30, 2003, with an additional increase
of 3. 45% for the same period, for non-union police
positions of Sergeant, Lieutenant and Deputy Chief; and
further recommend to place on First Reading Ordinance M-
29-02, AN ORDINANCE AMENDING SCHEDULE 1-B "FIRE GROUP,"
SCHEDULE II-A "POLICE GROUP," SCHEDULE III-A "CLERICAL,
ACCOUNTING AND MISCELLANEOUS GROUP," SCHEDULE IV
"SUPERVISORY AND ADMINISTRATIVE GROUP," SCHEDULE V-A
"TECHNICAL, ENGINEERING AND INSPECTION GROUP," AND
SCHEDULE VI-A "LABOR/TRADES SUPERVISORY GROUP" OF SECTION
1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF
CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES, TO
REFLECT A 3.5% INCREASE EFFECTIVE MAY 1, 2002 TO APRIL
30 I 2003 I ALSO AN ADDITIONAL 3. 45% INCREASE FOR NON-UNION
POLICE POSITIONS OF SERGEANT, LIEUTENANT, AND DEPUTY
CHIEF, EFFECTIVE MAY 1, 2002 TO APRIL 30, 2003. Upon
roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Murphy, Sayad, Smith
NAYS: 3-Brookman, Becker, Argus
ABSENT: 0-None
Motion declared carried (further action on this matter
under Unfinished Business on May 20, 2002).
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-47-02, 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:
$3,238,701.87. 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 Argus, to concur with
recommendation of Committee of the Whole that Alderman
Smith meet with the Staff and the Des Plaines Chamber of
Commerce representative to develop a background check
criteria for business licenses, and report back to the
City Council. Motion declared carried.
Moved by Smith, seconded by Murphy, to concur with
recommendation of Committee of the Whole that petitioners
who appear before the City Council should not be required
to make their statements under oath.
Alderman Sayad again stated for the record that he
believes petitioners applying for variations should be
sworn in, but not residents for their comments.
Motion declared carried.
Argus voted no.
Aldermen Sayad, Becker and
PARKING
FINES/
1, 2 &: 3-
HOUR ZONES:
LIBRARY
LEASE:
NEW CLASS H-1
LIQ. LIC./
BEER &: WINE
CARRYOUT
ONLY AND
CLASS B-1
LIQ. LIC./
BULK SALES:
TIME
EXTENSl:ON/
CONDIT. USE
1050 OAKTON:
Resolution
R-53-02
SANDOZ
PROPERTY/
1300 TOUHY:
PURCHASE
OF LAND
NEW FIRE
DEPARTMENT
FACILITY/
PROSPECT &
LEE:
Resolution
R-54-02
Resolution
R-55-02
244
5/6/02
PAGE ELEVEN
Moved by Smith, seconded by Murphy, to concur with
recommendation of Committee of the Whole to increase the
overtime parking fine in 1, 2, and 3-hour parking zones
from $3 to $10; and place on First Reading Ordinance T-2-
02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 5,
"STOPPING, STANDING AND PARKING" TO INCREASE CERTAIN
PARKING FINES. Motion declared carried. Alderman
Brookman voted no.
Moved by Smith, seconded by Argus, to concur with
recommendation of Committee of the Whole that aldermen
submit their comments/suggestions regarding the proposed
Library Lease to City Attorney Wiltse for review by the
Library Board, and then report back to the Committee of
the Whole. Motion declared carried.
Moved by Smith, seconded by Argus, to concur with
recommendation of Committee of the Whole that request for
a new Class H-1 Liquor License for beer and wine carryout
only, AND request for changes and language clarification
for the B-1 Liquor License that would permit this license
to be issued in smaller stores, be referred back to Staff
for further review of concerns from residents and input
from other communities; and report back to the Committee
of the Whole on June 17, 2002. Motion declared carried.
Moved by Becker, seconded by Sayad, to grant request for
time extension of the Conditional Use and submission of
Final Plat to develop a 220-Unit Congregate Living
Facility on property located at 1050 Oakton Street,
granted under Ordinance Z-8-01 (Case 00-68-PUD-CU),
approved by the City Council on May 21, 2001; for a
period of one (1) year from May 31, 2002 to May 20, 2003.
Motion declared carried. Alderman Brookman voted no.
Moved by Becker, seconded by Sayad, to concur with
majority agreement in Executive Session that no further
action be taken to acquire the Sandoz property, 1300 E .
Touhy Avenue (at Lee Street) for a City Hall Complex with
Police and Fire Departments, and Staff be authorized to
notify the broker accordingly. Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with
majority agreement in Executive Session that the Mayor
and City Clerk be authorized to execute Agreement for
Sale of Real Estate with Lucille Catlow for the purchase
of property located at 1896 Lee Street in the amount of
$250, 000, and further recommend to adopt Resolution R-54-
02, A RESOLUTION AUTHORIZING THE EXECUTION OF A REAL
ESTATE PURCHASE CONTRACT BETWEEN LUCILLE CATLOW AND THE
CITY OF DES PLAINES IN THE AMOUNT OF $250,000 FOR THE
PROPERTY COMMONLY KNOWN AS 1896 LEE STREET, FOR THE
PURPOSE OF THE CITY PURCHASING SAID PROPERTY. Upon roll
call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Argus, to concur with
majority agreement in Executive Session that the Mayor
and City Clerk be authorized to execute Agreement for
Sale of Real Estate with Leonard Olszewski and Marjorie
Olszewski for the purchase of property located at 1157
Prospect Lane in the amount of $2 2 5, O O O; and further
recommend to adopt Resolution R-55-02, A RESOLUTION
AUTHORIZING THE EXECUTION OF A REAL ESTATE PURCHASE
CONTRACT BETWEEN LEONARD OLSZEWSKI AND MARJORIE OLSZEWSKI
AND THE CITY OF DES PLAINES FOR THE PROPERTY COMMONLY
KNOWN AS 1157 PROSPECT LANE, FOR THE PURPOSE OF THE CITY
R-55-02
(Cont'd.)
DOWNTOWN
REDEV. PLAN
TIF #1/
DOMINICK'S:
LAND
DEVELOPERS-
PLANNERS/
DOWNTOWN
REDEV. PLAN
TIF #1:
ADJOURNMENT:
PAGE TWELVE
245
5/6/02
PURCHASING SAID PROPERTY. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with
consensus in Executive Session that Staff be authorized
to continue negotiations with Dominick's Finer Foods to
bring a supermarket to the proposed downtown
redevelopment area in TIF #1. Motion declared carried.
Moved by Becker, seconded by Christiansen, to concur with
consensus in Executive Session that Staff be authorized
to meet with Mid-America Asset Management Company, Two
Mid-America Plaza, Third Floor, Oakbrook Terrace, IL
60181; Red Seal Development Corporation, 425 Ruehl Road,
Building Eighteen, Northbrook, IL 60062; and Tucker
Development, 513 Central Avenue, Suite 4 O O, Highland
Park, IL 60035, and proceed with the selection process
for a land developer/planner for downtown redevelopment
of Site B of the Camiros Plan, and return to the aldermen
with their recommendation. Motion declared carried.
Moved by Becker, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:47 p.m.
~JL
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS
MAYOR