06-17-2002264
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
JUNE 17, 2002
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines, Illinois, was called to order by Mayor Pro Tern
Tom Christiansen at 7: 00 p. m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, June 17, 2002.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith. Alderman Argus was absent. Alderman Brookman left
the meeting at 9:54 p.m.
Also present were: City Manager Miller, Assistant Director of Finance
Jisa, Police Chief Ryan, Deputy Fire Chief Pratt, Deputy Director of
Community Development Molinari, Civil Engineer LaBerg, Acting Director
of Public Works Dusckett, Director of Human Resources & Services
Merriman, Director of Emergency Communications Ornberg, and Assistant
City Attorney Bartel.
PRAYER AND
PLEDGE:
WELCOME:
PRESENTATION:
CITIZEN
PARTICIPA.:
CONSENT
AGENDA:
The opening prayer was given by Pastor Charles L. Reid,
Bethesda Worship Center, followed by the Pledge of
Allegiance.
Mayor Pro Tern Christiansen welcomed the students from
Maine West High School who are participating in the
City's Clinical Government Program, which is now in its
27th year.
Mayor Pro Tern Christiansen introduced Donna Catlett,
President of the Des Plaines Arts Council, who presented
certificates to the following scholarship winners:
Rosanna Amiran, Elk Grove High School
Rebecca Candra, Forest Middle School
Carolyn Chapp, Maine West High School
Erin Cruz, Maine West High School
Alexander T. Dumitriu, Algonquin Middle School
Michelle Friedman, Maine West High School
Emily Howard, Iroquois Community School
Sean Olumstad, Maine West High School
Madilyn Ann Soch, Maine West High School
Callie Sorensen, Maine West High School
Samuel Trinite, Chippewa Middle School
Representatives from the Maine West High School Student
Council presented copies of Ray Bradbury's book,
'Dandelion Wine' to the City Council for them to read;
this project comes from the 'Maine West Reads Program'
as part of 'One Community -One Book.'
Mr . Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that he has visited many cities and Des
Plaines has a wonderful transit system; most cities are
hard to get around because of limited service, but not
in Des Plaines; one of the best things about living in
Des Plaines is how easy it is to get around town.
Alderman Sayad requested that Item 16 be removed from the
Consent Agenda.
Moved by Beauvais, seconded by Brookman, to establish a
Consent Agenda except for Item 16. Motion declared
carried.
Moved by Sayad,
Consent agenda.
seconded by Brookman, to approve the
Upon roll call, the vote was:
CON. AGENDA
(Cont'd.)
MINUTES:
Consent
Agenda
REPEAL
NATURAL GAS
UTILITY TAX:
Consent
Agenda
Ordinance
M-34-02
PREVAILING
WAGE RATES:
Consent
Agenda
Ordinance
M-35-02
LICENSE
AGREEMENT/
105 N. FIFTH:
Consent
Agenda
Ordinance
M-36-02
LICENSE
AGREEMENT/
1904
BIG BEND DR.:
Consent
Agenda
Ordinance
M-37-02
PAGE TWO
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Smith
NAYS: 0-None
ABSENT: 1-Argus
265
6/17/02
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinance z-
12-02 was adopted; Ordinances M-34-02, M-35-02, M-36-02,
M-37-02, M-38-02, M-39-02, M-40-02, T-3-02, Z-13-02, Z-
14-02 and Z-15-02 were placed on First Reading; and
Resolution R-67-02 was adopted.
Moved by Sayad, seconded by Brookman, to approve minutes
of the regular meeting of the City Council held June 3,
2002, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to approve minutes
of the Executive Session of the City Council held June
3, 2002. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to amend Title V, Chapter 40
'Municipal Utility Tax, ' of the City Code to DELETE
Section 6-40-2 -'Gross Receipts Tax Imposed; Amount'
inasmuch as the City implemented a Natural Gas Use Tax
on June 3, 2002 (Ordinance M-31-02), which will be
effective August 1, 2002, so the residents will only be
charged the Use Tax; and further recommend to place on
First Reading Ordinance M-34-02, AN ORDINANCE AMENDING
TITLE V, ' BUSINESS REGULATIONS,' CHAPTER 40, 'MUNICIPAL
UTILITY TAX,' SECTION 2, 'GROSS RECEIPTS TAX IMPOSED;
AMOUNT' TO BE REPEALED IN ITS ENTIRETY, OF THE CITY CODE
OF THE CITY OF DES PLAINES. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation that pursuant to Section 820 ILCS
130/1 of the State Statutes (2000), City establish
prevailing rate of wages for laborers, mechanics and
other workers employed in performing construction of
public works projects for the City -ANNUAL STATE
REQUIREMENT; and further recommend to place on First
Reading Ordinance M-35-02, AN ORDINANCE PURSUANT TO 820
ILCS 130/1, ET SEQ. (2000) PERTAINING TO WAGES OF
EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND
PREVAILING WAGE RATES. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to grant request to permit
construction of a brick paver driveway apron in the City-
owned right-of-way adjacent to property located at 105
N. Fifth Avenue; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-36-02,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH
IN THE PUBLIC RIGHT-OF-WAY WITH OWNER JOHN LINEK AT 105
NORTH FIFTH AVENUE, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to grant request to permit
installation of a brick paver driveway apron in the City-
owned right-of-way adjacent to property located at 1904
Big Bend Drive; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-37-02,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH
M-37-02
(Cont'd.)
GOLF ROAD
RECONST. AT
D.P. RIVER:
Consent
Agenda
Ordinances
M-38-02
M-39-02
M-40-02
PARKING
RESTRICTION/
1477 THACKER:
Consent
Agenda
Ordinance
T-3-02
ZONING CASE
02-27-A
MAP AMEND./
1925 BUSSE:
Consent
Agenda
Ordinance
Z-13-02
ZONING CASE
02-28-V
VARIATION/
23 KING LANE:
Consent
Agenda
Ordinance
Z-14-02
266
6/17/02
PAGE THREE
IN THE PUBLIC RIGHT-OF-WAY WITH OWNERS CAROL AND GRANT
DACE AT 1904 BIG BEND DRIVE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to approve Exhibit 'B,' Exhibit 'c•
and Exhibit 'D' of agreement with Illinois Department of
Transportation (IDOT) (approved by the City Council on
May 6, 2 002, for the reconstruction of the Golf Road
Bridge over the Des Plaines River and intersection
improvement at Golf Road and Des Plaines River Road),
which IDOT neglected to include in their agreement but
are standard inclusions, and which pertain to prohibiting
on-street parking within the project limits, prohibiting
discharge of sanitary sewage and industrial waste in
drainage facilities constructed as part of this project
and prohibiting future encroachments on IDOT right-of-way
within the limits of the project; and further recommend
to place on First Reading:
Ordinance M-38-02 I AN ORDINANCE RESTRICTING PARKING ALONG
ILLINOIS ROUTE 58 (GOLF ROAD) AT U.S. ROUTE 45 (DES
PLAINES RIVER ROAD) WITH THE CITY OF DES PLAINES;
Ordinance M-3 9-02 I AN ORDINANCE PROHIBITING THE DISCHARGE
OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR
DRAINAGE FACILITY CONSTRUCTED AS A PART OF THE ILLINOIS
ROUTE 58 (GOLF ROAD) AT U.S. ROUTE 45 (DES PLAINES RIVER
ROAD) IMPROVEMENT; and
Ordinance M-40-02, AN ORDINANCE PROHIBITING ENCROACHMENTS
WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG ILLINOIS
ROUTE 58 (GOLF ROAD) AT U.S. 45 (DES PLAINES RIVER ROAD).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Staff Traffic Advisory Committee to
amend Title X, Chapter 5, Section 17 'Parking
Prohibited in Designated Places' of the City Code to
prohibit parking on the south side of Thacker Street,
between signs (30 feet), in front of 1477 E. Thacker
Street; and further recommend to place on First Reading
Ordinance T-3-02, AN ORDINANCE AMENDING TITLE x,
'TRAFFIC,' CHAPTER 5, 'STOPPING, STANDING AND PARKING'
SECTION 17, 'PARKING PROHIBITED IN DESIGNATED PLACES' OF
THE CITY OF DES PLAINES CITY CODE. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Des Plaines Plan Commission, re Zoning
Case 02-27-A, to grant request for a Map Amendment to
rezone property located at 1925 Busse Highway (between
Mason and Parkview Lanes) from M-1 Limited Manufacturing
District to C-3 General Commercial District; and further
recommend to place on First Reading Ordinance Z-13-02,
AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM
M-1 LIMITED MANUFACTURING TO C-3 GENERAL COMMERCIAL
LOCATED AT 1925 BUSSE HIGHWAY (CASE 02-27-A). Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 02-28-V, to grant request for a Variation
to permit the construction of a 6' high, solid fence in
the secondary front yard instead of the permitted 4'
high, 50% open fence in R-1 Single Family Residential
District on property located at 23 King Lane; and further
recommend to place on First Reading Ordinance Z-14-02,
AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8 .2-1 (B)
AND 8.2-6(A) OF THE CITY OF DES PLAINES ZONING ORDINANCE
TO PERMIT A 6 FOOT, 100% SOLID FENCE, INSTEAD OF THE
PERMITTED 4 FOOT, 50% OPEN FENCE AT 23 KING LANE, DES
PLAINES, ILLINOIS (CASE 02-28-V). Motion declared
carried as approved unanimously under Consent Agenda. ~
NICOR
COLLECTION
AGREEMENT/
NATURAL GAS
USE TAX:
Consent
Agenda
Resolution
R-67-02
ADDITIONAL
ARCHIT. FEES/
RENOVATION
FIRE STATION
#3:
Consent
Agenda
SPECIFICA./
CITY HALL
RENOVATIONS
2ND & 4TH
FLOORS:
Consent
Agenda
CONTRACT
EXTENSION/
AGGREGATE
MATERIALS:
Consent
Agenda
BID AWARD/
POLICE
MOTORCYCLE:
BID AWARD/
PUB. WKS.
DIAGNOSTIC
EQUIPMENT:
Consent
Agenda
PAGE FOUR
267
6/17/02
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Tax Collection Agreement with Northern
Illinois Gas Company (NICOR), 615 Eastern Avenue,
Bellwood, IL 60104, for collection of the Natural Gas Use
Tax effective August 1, 2002 (approved by the City
Council on June 3, 2002 -Ordinance M-31-02); at a cost
to the City of 3% of what is collected; and further
recommend to adopt Resolution R-67-02, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING
THE EXECUTION OF A 'TAX COLLECTION AGREEMENT' BETWEEN
NORTHERN ILLINOIS GAS COMPANY (NICOR) AND THE CITY OF DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to approve additional architectural
fee of $6,106.25/Project Contingency Fund, to Sente &
Rubel, 1955 Raymond, Suite 105, Northbrook, IL 60062, to
perform Architectural Services for building
expansion/remodeling work at Fire Station #3, 13 o E.
Thacker Street, approved by the City Council on March 19,
2001, in the amount of $60, 000 for a total cost of
$66, 106. 25 (architectural fees are based on 8. 75% of
construction costs, which were approved by the City
Council on April 15, 2002). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to authorize Sente & Rubel, 1955
Raymond, Suite 105, Northbrook, IL 60062, to develop
detailed specifications and construction documents for
the renovation of the 2nd and 4 th floors of City Hall,
made necessary by the inclusion of the Villages of Niles
and Morton Grove into City's 9-1-1 emergency
communication system, in the amount of $26,000 to be paid
by Niles and Morton Grove. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to approve contract extension with
Beverly Gravel, 1100 Brandt Drive, Elgin, IL 60120 for
Production and Furnishing of Aggregate Materials
(approved by the City Council on April 17, 2000, which
included three (3) years of pricing; Year 2 was approved
on May 7, 2001), for the Year 3 cost of $115,250/General
Fund. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to award bid for One (1) Year 2002 Harley-
Davidson FLHPI Road King Police Motorcycle to the single
bidder (received on April 4, 2002), Chicago Harley
Davidson, 6868 N. Western Avenue, Chicago, IL 60645, in
the total bid amount of $13,629/2002 CERF Funds. 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 Brookman, to concur with
Staff recommendation to award bid for Automotive Engine
Diagnostic Equipment to the lowest bidder to meet
specifications, Vetronix Sales Corporation, 525 E. State
Street, South Elgin, IL 60177, in the total bid amount of
$22, 818/2002 CERF Funds. Motion declared carried as
approved unanimously under Consent Agenda.
ADVERTISING
FOR BIDS:
Consent
Agenda
APPOINTMENT:
Consent
Agenda
ORDINANCE
Z-15-02
VARIATION/
1094
WOODLAWN:
Consent
Agenda
ORDINANCE
Z-12-02
VARIATION/
1195 s.
JEANNETTE:
Consent
Agenda
ORDINANCE
M-34-02
REPEAL
NATURAL GAS
UTILITY TAX:
ORDINANCE
Z-15-02
VARIATION/
1094
WOODLAWN:
ORDINANCE
Z-13-02
MAP AMEND./
1925 BUSSE:
ORDINANCE
M-37-02
LIC. AGREE./
1904
BIG BEND:
PAGE FIVE
268
6/17/02
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Prairie-Farmers Creek Stream Bank
Maintenance and Restoration, returnable by 3: 00 p. m.,
Tuesday, July 9, 2 O 02. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Mayoral appointment of Dick Ohman to the ZONING BOARD OF
APPEALS, term to expire April 30, 2003. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to place on First
Reading Ordinance Z-15-02, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTIONS 8.2-l(B) AND 8.2-6(A) OF THE CITY
OF DES PLAINES ZONING ORDINANCE TO PERMIT A 5.42 FOOT,
100% SOLID FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50%
OPEN FENCE AT 1094 WOODLAWN AVENUE, DES PLAINES, ILLINOIS
(CASE 02-21-V). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
Z-12-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS
8.2-l(B) AND 8.2-6(A) OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT A SIX FOOT, 100% SOLID FENCE, INSTEAD
OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1195 S.
JEANNETTE STREET, DES PLAINES, ILLINOIS (CASE 02-26-V).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to advance to
Second Reading and adopt Ordinance M-34-02, AN ORDINANCE
AMENDING TITLE V, 'BUSINESS REGULATIONS,' CHAPTER 40,
'MUNICIPAL UTILITY TAX,' SECTION 2, 'GROSS RECEIPTS TAX
IMPOSED; AMOUNT' TO BE REPEALED IN ITS ENTIRETY, OF THE
CITY CODE OF 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 Murphy, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-15-02, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTIONS 8. 2-1 (B) AND 8. 2-6 (A)
OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A
5.42 FOOT, 100% SOLID FENCE, INSTEAD OF THE PERMITTED 4
FOOT, 50% OPEN FENCE AT 1094 WOODLAWN AVENUE, DES
PLAINES, ILLINOIS (CASE 02-21-V). 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 Smith, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-13-02, AN ORDINANCE
GRANTING A REQUEST FOR A MAP AMENDMENT FROM M-1 LIMITED
MANUFACTURING TO C-3 GENERAL COMMERCIAL LOCATED AT 1925
BUSSE HIGHWAY (CASE 02-27-A). 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 Beauvais, seconded by Sayad, to advance to
Second Reading and adopt Ordinance M-37-02, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE
PUBLIC RIGHT-OF-WAY WITH OWNERS CAROL AND GRANT DACE A~ftt
1904 BIG BEND DRIVE, DES PLAINES, ILLINOIS. \Y'
M-37-02
(Cont'd.)
VEHICLE
LICENSE
FINES/PRIOR
YEARS:
PAGE SIX
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Smith
NAYS: 0-None
ABSENT: 1-Argus
Motion declared carried.
269
6/17/02
MAYOR PRO TEM CHRISTIANSEN DECLARED THAT THE CITY COUNCIL
WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING -Alderman Smith, Chair
Alderman Sayad stated that he became aware of the problem
of people not purchasing vehicle stickers every year; he
saw a man driving a car with a sticker from 1998-1999 on
his windshield; he hasn't paid us for three (3) years;
this is unfair; we have to address this issue; he has
seen a lot of cars with either no sticker or out of date
sticker.
Alderman Becker stated that he agrees with Alderman Sayad
but how many years should we go back; what will they to
have to prove they did buy a sticker?
Police Chief Ryan stated that could be determined by how
long the resident has lived in Des Plaines, how long they
have owned the car or how old is the car; the burden of
proof would be on the resident.
Alderman Smith asked how the police officer would
determine that. Police Chief Ryan said they could do a
search through the Finance Department. Assistant Finance
Director Jisa stated that their records only go back
about three (3) years.
Alderman Brookman stated that this is not the answer;
most of our residents want to abide by the law, but
sometimes there are extenuating circumstances; this could
cost someone $80 per year if you go back five (5) years;
she would assume that those people that don't pay are
those that can't pay; she believes the present fine is
both hostel and harsh; we should move forward from today;
this would be labor intensive; she would rather see our
police on the streets protecting us; she will be voting
no.
Alderman Sayad stated that he is talking about someone
who does not have a sticker on their car at all or is a
sticker from several years back; our Citizens on Patrol
unit could check on this and write tickets.
Alderman Murphy stated that she does think there should
be consequences if someone does not purchase a sticker,
but how are we going to enforce this?; there has to be
some procedures in place.
Alderman Beauvais stated that there should be some
procedure; we should start as of this date and we should
inform the residents of the penalty if they don't
purchase a sticker.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that there are people who
purchase their sticker every year; why can't other people
pay too; we should go back five (5) years; we are in poor
financial shape; we need the revenue; we should go after
these people.
A resident at 2035 Fargo Avenue addressed the Committee
of the Whole asking how much revenue does this bring in
and where does it go. Assistant Finance Director Jisa
said about $1, 2 million and it goes into the Genera~tYt
Fund. \JJ'"'
VEH. STICKER
(Cont'd.)
BULK REGUL./
PROPOSED
R-la & R-laa
SINGLE FAM.
RESIDENTIAL
DISTRICTS:
PAGE SEVEN
270
6/17/02
Mr. Jack Cavalenes, 1043 Wicker Avenue, addressed the
Committee of the Whole stating that he agrees with
Alderman Beauvais; start as of today; create a data base
and then start this program
Moved by Sayad, seconded by Becker, to recommend to the
City Council that every owner, operator, or lessee of a
motor vehicle, motor bicycle or other vehicle shall pay
an additional fee of $75.00 for each of the prior three
(3) years the owner, operator or lessee failed to obtain
a vehicle license or 'windshield sticker' required by the
City.
Mayor Pro Tern Christiansen stated that he agrees with
Alderman Beauvais; he would rather have it start as of
today and go from there; he will be voting no.
Alderman Murphy stated that this would be unenforceable.
Alderman Smith stated that he agrees with Alderman
Murphy; he doesn't agree that the City should go back.
Aldermen Sayad and Becker withdrew their motion.
Alderman Sayad stated that it is shameful that some
people are getting away with this.
Moved by Beauvais, seconded by Sayad, to recommend to the
City Council that beginning 2002-2003, every owner,
operator, or lessee of a motor vehicle, motor bicycle or
other vehicle shall pay an additional fee of $75.00 for
each year a vehicle license is required but not purchased
for a maximum of three ( 3) years; the fee is to be
applied prospectively only beginning with the 2002-2003
vehicle license year; and City Attorney be authorized to
draft necessary ordinance.
Alderman Brookman stated that we are almost there, but
she still has a problem jumping the fines; until we
address the fines, she will be voting no.
Alderman Smith stated that this sounds like it will be a
bureaucratic nightmare.
Motion declared carried. Alderman Brookman voted no.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker stated that the matter of bulk
regulations for proposed R-la and R-laa Single-Family
Residential Districts that would be 1/2 acre and one (1)
acre residential zoning districts, was referred back to
Staff for further review on April 22, 2002.
The Staff determined that the advantage to larger lots
would be to increase the potential home size and
corresponding property values of homes built on larger
lots while still retaining the large wooden lot or scenic
effect on the lots; this would also stabilize areas in
which homeowners wished to retain larger lot sizes and
not have adjacent smaller home developments.
The disadvantages would include owners of current lots of
record would not be able to build if they were under 1/2
acre, and the owners of larger parcels would not be able
to sell their land or create smaller subdivisions which
could be created under our current Code.
R-la & R-laa
(Cont'd.)
ZONING CASE
02-31-V
VARIATION/
962 LEE:
271
6/17/02
PAGE EIGHT
Alderman Becker stated that he is suggesting that a
category be created with no specific locations; all the
neighbors would have to agree 100% when they petition the
City.
Alderman Beauvais stated that she knows people who want
to do this, but there is no category.
Deputy Director of Community Development Molinari stated
that this matter should be referred back to the Plan
Commission to ask them for a map amendment and ask them
to designate these areas R-la and R-laa.
Alderman Murphy stated that she doesn't see a community
cry for this type of zoning.
Alderman Beauvais stated that she disagrees; her Ward has
different lot sizes; all that is being ask is that a
category be created so residents can have this option; we
should at least give them the opportunity to make this
choice.
Alderman Brookman stated that we have to be mindful of
the legal ramifications; we could render the properties
worthless; this seems to be a contradiction from what the
City did with Insignia Homes; she is against this.
Alderman Smith stated that the homeowners could adopt a
covenant and record it.
City Manager Miller stated that the City needs to define
specific tracts of land; we can't have floating zones.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that larger lots mean
larger homes; larger homes mean larger taxes.
Mr. Jason Schram, 480 N. East River Road, addressed the
Committee of the Whole stating that this is a terrific
proposal, but it should be tabled for more information;
if it is legal, it would be a terrific idea.
Alderman Brookman stated that she would feel more
comfortable with full information.
Moved by Sayad, seconded by Brookman, to recommend to the
City Council 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 on September 3, 2002. Motion declared
carried. Alderman Beauvais voted no.
Deputy Director of Community Development Molinari
reviewed Director of Economic Development Schneider's
memo of June 4, 2002, regarding request for a variation
to permit operation of a retail business with 12 parking
spaces instead of the required 25 spaces on property
located at 962 Lee Street; the Des Plaines Zoning Board
of Appeals and Staff are recommending that this variation
be granted.
Petitioner Michael Sandlass addressed the Committee of
the Whole and answered questions from the aldermen re
parking; he also indicated that he plans to occupy this
building for a long time.
Alderman Sayad stated that he is not in favor of this and
will be voting no.
Moved by Christiansen, seconded by Brookman to recommend
to the City Council, re Zoning Case 02-31-V, to grant
request for Variation to permit operation of a retail
business with 12 parking spaces instead of the required
25 spaces in C-3 General Commercial District on propert~
962 LEE
(Cont'd.)
PARTIAL
WAIVER/
PERMIT FEE
962 LEE:
ADOPTION OF
2000 INTERNA.
CODE COUNCIL
BUILDING
CODE:
WARRANT
REGISTER:
MATCHING
FUNDS/
D.P. POLICE
EXPLORERS:
272
6/17/02
PAGE NINE
located at 962 Lee Street; and City Attorney be
authorized to draft necessary ordinance. Motion declared
carried. Alderman Sayad voted no.
Alderman Becker stated that the Des Plaines Glass Company
at 1374 Northwest Highway, is being displaced due to the
redevelopment being planned for this area; they are
moving their business to 962 Lee Street and are
requesting a partial permit fee waiver in the amount of
$5,000, from the total permit fee and subdivision fee in
excess of $20,000; Staff supports this request
Alderman Brookman stated that this seems like a
reasonable request; she will be supporting this.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that these people have
been very cooperative; we have to keep them in Des
Plaines; why not bend a little.
Moved by Christiansen, seconded by Brookman, to recommend
to the City Council to grant request for partial permit
fee waiver in the amount of $5,000 for Des Plaines Glass
Company who is moving to 962 Lee Street. Motion declared
carried.
BUILDING CODE -Alderman Murphy, Chair
Deputy Director of Community Development Molinari
reviewed the matter that was referred back to Staff on
May 20, 2002 for further review, regarding the adoption
of the 2000 Edition of the International Code Council
Building Code Series which was formerly the BOCA Code.
Deputy Director Molinari reviewed the changes being
proposed regarding building variations, electrical and
plumbing.
Alderman Beauvais asked if underground wiring would be
addressed in addition to alarm systems on pools and
enclosed garbage dumpsters.
A general discussion was on held on these and other
concerns of the aldermen.
Moved by Sayad, seconded by Beauvais, to recommend to the
City Council that Staff review the recommendations
regarding the adoption of the 2000 Edition of the
International Code Council Building Code Series and City
Attorney be authorized to draft ordinance for review by
the Committee of the Whole on July 15, 2002. Motion
declared carried.
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the June 17, 2002
Warrant Register, in the total amount of $2,799,627.40;
and further recommend that Resolution R-68-02 be adopted
at appropriate time this evening. Motion declared
carried.
Alderman Becker stated that the Des Plaines Police
Explorers are requesting the City to help fund their trip
to the National Explorers Meeting in Arizona in July;
they have raised over $6, 000, but need an additional
$4,700.
Police Explorer Christopher Dempsey and Police Sergeant
Kevin O'Connell addressed the Committee of the Whole and
briefly reviewed what the Police Explorers do for the
city and what they will be learning at this meeting; the~
EXPLORERS
(Cont'd.)
ORDINANCE
M-41-02
NEW CLASS
H-2 LIQUOR
LICENSE:
ORDINANCE
M-42-02
AMENDMENT/
CLASS B-1
LIQ. LIC.:
SEWER AND
WATER MAIN
RECAPTURE
AGREEMENTS:
PUBLIC
IMPROVEMENTS/
MIKODA'S
SUBDIVISION
2263 WEBSTER:
273
6/17/02
PAGE TEN
are covered for insurance from their parents and the
City.
Alderman Becker stated that they do a phenomenal job for
the City.
Alderman Brookman stated that she is in favor of this;
they work very hard and save the City a lot of money.
Mayor Pro Tern Christiansen stated that they are all
volunteers; they put in a lot of hours; several of our
present police officers used to be Police Explorers; this
would be a way of recognizing their efforts; they save
the taxpayers a lot of money.
Moved by Beauvais, seconded by Becker, to recommend to
the City Council that the City provide funds to the Des
Plaines Police Explorers in the amount of $4, 700 for
their trip to the National Explorers Meeting in July in
Arizona. Motion declared carried.
MAYOR PRO TEM CHRISTIANSEN ASSUMED THE CHAIR AND DECLARED
THE CITY COUNCIL BACK IN SESSION
Moved by Smith, seconded by Becker, to place on First
Reading Ordinance M-41-02, AN ORDINANCE AMENDING THE DES
PLAINES CITY CODE TITLE V, 'BUSINESS REGULATIONS,'
CHAPTER 34 'INTOXICATING LIQUORS,' SECTION 12 'CLASS H
BEER AND WINE ONLY LICENSE.'
Alderman Brookman stated that she is still concerned that
by changing the ordinance we will not have a legal
defense to prohibit the sale of liquor at every small
convenient store.
Motion declared carried.
Brookman voted no.
Aldermen Christiansen and
Moved by Smith, seconded by Sayad, to place on First
Reading Ordinance ~42-02, AN ORDINANCE AMENDING TITLE v,
'BUSINESS REGULATIONS I CHAPTER 34 I 'INTOXICATING LIQUORS I
SECTION 6, 'CLASS B BULK SALES DEALER'S LICENSE. ' Motion
declared carried. Aldermen Christiansen and Brookman
voted no.
Moved by Smith, seconded by Murphy, to concur with
recommendation of Committee of the Whole held June 10,
2002, that City Attorney be authorized to re-draft
ordinance and agreement regarding Sewer and Water Main
Recapture Agreements as they pertain to subdivisions,
resubdivisions or lots of record, to include: proof of
payment before permit is issued, legal fees and costs,
funding procedure for connection service; and report back
to the Committee of the Whole on August 5, 2002. Motion
declared carried.
Moved by Becker, seconded by Sayad, to concur with
recommendation of the Committee of the Whole held June
10, 2002, that developer, Mario Mikoda, 4311 Wesley
Terrace, Schiller Park, IL 60176, be required to pay for
installation of a storm sewer necessary to drain the two
(2) lots created by the Mikoda Subdivision, approved in
July of 1999, at 2263 Webster Lane, in the amount of
$75,000, and if payment is not received, action be taken
against the performance bond for reimbursement.
Alderman Brookman stated that no other resident paid a
cent between Webster and Jarvis for their improvements;
this was part of the CIP and they did not have to pay;
she feels this is wrong; everyone should be held to the
same standard; she will be voting no because this is r\vt\.
clear injustice. V
2263 WEBSTER
(Cont'd.)
ZONING CASE
02-04-A
MAP AMEND./
PARKING
SPACES:
LA QUINTA
HOTEL/
TIF #6:
VEHICLE
LICENSE
FINES/PRIOR
YEARS:
BULK REGUL./
PROPOSED
R-lA & R-lAA
SINGLE FAM.
RESIDENTIAL
DISTRICTS:
274
6/17/02
PAGE ELEVEN
Alderman Murphy stated that she is confident that this
developer was held to the same standard as any other
developer; he can recoup his costs.
Mayor Pro Tern Christiansen stated that the developer
refused to return telephone calls or respond to certified
letters; we tried to work with him but he didn't want to
work with the Engineering Department; he has the ability
to recoup his costs.
Moved by Sayad, seconded by Beauvais, to call for the
question. Motion declared carried. Alderman Brookman
voted no.
Motion declared carried on the original motion. Alderman
Brookman voted no.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole held June 10,
2002, re Zoning Case 02-04-A, that parking space
requirements for multi-family structures remain at the
current 1.5 space per unit, and City Attorney be
authorized to draft necessary ordinance regarding parking
standards for multi-family dwellings as directed, i.e.
access to the rear of buildings with appropriate signage,
no variations permitted for parking lots below the
requirement of 1.5 space per unit, but not include the
prohibition against selling of any extra spaces.
Alderman Beauvais asked that pocket parking be included.
Following further discussion, moved by Becker, seconded
by Brookman to call for the question. Motion declared
carried.
Motion declared carried on the original motion (further
action on this matter under Unfinished Business on July
15, 2002). Alderman Smith abstained (conflict of
interest) .
Moved by Becker, seconded by Sayad, to concur with
consensus in Executive Session of Committee of the Whole
held June 10, 2002, that Staff be authorized to further
negotiate an agreement with La Quinta, 909 Hidden Ridge,
suite 6 o o , Irving , TX 7 5 O 3 8 , for the v a 1 ue of City
Streets within TIF #6, and City Attorney be authorized
to draft necessary ordinance. Motion declared carried
(further action on this matter under Consent Agenda on
July 15, 2002).
Moved by Beauvais, seconded by Becker, to concur with
recommendation of Committee of the Whole that beginning
with the 2002-2003 vehicle license year, every owner,
operator, or lessee of a motor vehicle, motor bicycle or
other vehicle shall pay an additional fee of $75.00 for
each year a vehicle license is required but not purchased
for a maximum of three ( 3) years; the fee is to be
applied prospectively only beginning with the 2002-2003
vehicle license year; and City Attorney be authorized to
draft necessary ordinance. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Murphy,
Sayad, Becker
NAYS: 2-Brookman, Smith
ABSENT: 1-Argus
Motion declared carried (further action on this matter
under Unfinished Business on July 15, 2002).
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole 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 on September 3, 2002.
Motion declared carried.
ZONING CASE
02-31-V
VARIATION/
962 LEE:
PARTIAL
WAIVER/
PERMIT FEE
962 LEE:
ADOPTION OF
2000 INTERNA.
CODE COUNCIL
BUILDING
CODE:
WARRANT
REGISTER:
Resolution
R-68-02
MATCHING
FUNDS/
D.P. POLICE
EXPLORERS:
ADJOURNMENT:
PAGE TWELVE
275
6/17/02
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole, re Zoning Case
02-31-V, to grant request for Variation to permit
operation of a retail business with 12 parking spaces
instead of the required 25 spaces in C-3 General
Commercial District on property located at 962 Lee
Street; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried (further
action on this matter under Unfinished Business on July
15, 2002). Alderman Sayad voted no.
Moved by Becker, seconded by Brookman, to concur with
recommendation of Committee of the Whole to grant request
for partial permit fee waiver in the amount of $5,000 for
Des Plaines Glass Company who is moving to 962 Lee
Street. 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 Murphy, seconded by Sayad, to concur with
recommendation of Committee of the Whole that Staff
review the recommendations regarding the adoption of the
2000 Edition of the International Code Council Building
Code Series and City Attorney be authorized to draft
ordinance for review by the Committee of the Whole on
July 15, 2002. Motion declared carried.
Moved by Sayad, seconded by Becker, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-68-02, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$2,799,627.40. 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 Brookman, to concur with
recommendation of Committee of the Whole that the City
provide funds to the Des Plaines Police Explorers in the
amount of $4,700 for their trip to the National Explorers
Meeting in July in Arizona. 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 Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:00 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS \\ ------