07-15-2002284
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, JULY 15, 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, July 15, 2002.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith, Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Beauvais arrived in Executive Session at 6:21 p.m.
Alderman Brookman arrived in Executive Session at 6:28
p. m.
Also present were: City Manager Miller, Assistant City Manager-EDC
Director Schneider, Director of Finance Egeberg,, Police Chief Ryan, Fire
Chief Farinella, Deputy Director of Community Development Molinari,
Director of Engineering Oakley, Acting Director of Public Works Dusckett,
Director of Human Resources & Services Merriman, and Assistant City
Attorney Bartel.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PROCLAMATION:
BIANNUAL
REVIEW/
EXEC. SESS.
MINUTES:
Moved by Sayad, seconded by Argus, to go into Executive
Session to discuss biannual review of Executive Session
minutes and acquisition of real property/setting price
or lease.
Alderman Smith stated his concern that it was not
appropriate to be discussing developers for the downtown
redevelopment and the possibility of a casino in Des
Plaines in Executive Session; we should decide if we want
casino gambling before we decide about land.
Upon roll call, the vote was:
AYES: 5-Christiansen, Murphy, Sayad,
Becker, Argus
NAYS: 1-Smi th
ABSENT: 2-Beauvais, Brookman
Motion declared carried.
The City Council recessed at 6:18 p.m.
The City Council reconvened at 6:55 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
The opening prayer
Immanual Lutheran
Allegiance.
was given by Reverend Richard Mau,
Church, followed by the Pledge of
Mayor Arredia read a proclamation recognizing the Cook
County Department of Public Health's efforts to reduce
tobacco use and its related diseases and health risks
through education, public outreach and advocacy.
Mayor Arredia read a proclamation honoring residents who
donate their time and efforts to various local youth
athletic organizations.
Moved by Smith, seconded by Beauvais, to concur with
consensus in Executive Session that the following
Executive Session minutes or portions thereof, no longer
require confidential treatment and are available for
public inspection, as recommended by City Attorney
Wiltse in his memo of July 5, 2002:
June 16, 1997 -Worker's Compensation Claims
Steven Foster v. City
EXEC. SESS.
MINUTES
(Cont'd. )
PURCHASE OF
LAND/NEW FIRE
DEPT. FAC.
1900 LEE:
Resolution
R-75-02
DEVELOPER/
DOWNTOWN TIF
REDEVELOP . :
CASINO
GAMING:
PAGE TWO
285
7/15/02
June 7, 1999 -Worker's Compensation Claims
Robert Olsen v. City
Sharon Langlotz v. City
August 16, 1999 -Worker's Compensation Claims
Sharon Langlotz v. City
Steven Foster v. City
January 3, 2000 -Worker's Compensation Claims
Albert Johnson v. City
David Oshana v. City
March 4, 2002 -Executive Session Minutes
(Biannual Review)
It was also the consensus of the aldermen that the need
for confidentiality still exists as to all or part of
the remaining minutes. Motion declared carried.
Moved by Becker, seconded by Argus, to concur with
consensus in Executive Session that the Mayor and City
Clerk be authorized to execute Real Estate Purchase
Contract with Antoni and Janina Doleglewicz for the
purchase of property located at 1900 Lee Street in the
amount of $248, 000, and further recommend to adopt
Resolution R-75-02, A RESOLUTION AUTHORIZING THE
EXECUTION OF A REAL ESTATE PURCHASE CONTRACT BETWEEN
ANTONI AND JANINA DOLEGLEWICZ, AND THE CITY OF DES
PLAINES IN THE AMOUNT OF $24 8, 000 FOR THE PROPERTY
COMMONLY KNOWN AS LOTS 1 AND 2 OF A SUBDIVISION AT 1900
LEE STREET, FOR THE PURPOSE OF THE CITY PURCHASING SAID
PROPERTY at the City Council meeting on August 5, 2002.
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, that, as discussed
in Executive Session, the Staff be authorized to
negotiate a redevelopment agreement with Tucker
Development Corporation, 513 Central Avenue, Suite 400,
Highland Park, IL 60035, for the downtown TIF
redevelopment, for review within 60 days (tentatively
scheduled for September 16, 2002 under Committee of the
Whole) .
Alderman Smith stated that he thinks we should obtain
some input from the public before a developer is chosen.
Alderman Beauvais stated that it was her understanding
that a developer would be picked and then a Committee of
the Whole meeting would be held for public input.
Alderman Sayad stated that he agrees with the procedure
that was decided on; no one is going to be shut out; if
we don't like the agreement with Tucker Development
Corporation, we go on to the next developer.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 1-Smith
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Sayad, that, as discussed
in Executive Session, the Staff be authorized to review
the possible acquisition of property for casino gaming
and a Committee of the Whole meeting be scheduled for
Tuesday, August 20, 2002, at 6:30 p.m.
Alderman Christiansen stated that any action we take
tonight does not mean that we are for or against this;
we are not agreeing to anything; we are just agreeing to
listen to a proposal.
GAMING
(Cont'd.)
CITIZEN
PARTICIPA. :
PAGE THREE
286
7/15 /02
Alderman Sayad stated that we have to look at any
presentation to see if it is good or bad for the City;
there are going to be open meetings on this.
Alderman Brookman stated that she thinks Des Plaines
would be a strong candidate for this, but it should go
to a referendum.
Alderman Smith stated his concern that this was
discussed in Executive Session; we should discuss this
in the open.
Moved by Smith, seconded by Murphy, to allow public
input on this matter.
Following discussion, moved by Beauvais, seconded by
Murphy, to call for the question. Motion declared
carried. Alderman Argus voted no.
Upon roll call on Alderman Smith's motion, the vote was:
AYES: 3-Murphy, Brookman, Smith
NAYS: 5-Beauvais, Christiansen, Sayad,
Becker, Argus
ABSENT: 0-None
Motion declared FAILED.
Motion by Alderman Smith to TABLE the possible
acquisition of property for casino gaming died for lack
of a second.
Upon roll call on the original motion, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 1-Smith
ABSENT: 0-None
Motion declared carried.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council stating his concern about the air pollution
caused by the construction of the condo building across
from his building on Perry Street; they are throwing
debris from the 6th floor down to the dumpster; this is
very unhealthy; they are polluting the air all day; it
should be in our Code that buildings under construction
should be watered down. Mr. Moore also complained about
the motorcycle noise during the recent fundraiser at
Maryville Academy; it went on from Midnight to 2: 00
a .m.; and no one has done a traffic study for the
redevelopment of downtown.
Mr. Gary Danfield, 655 River Road, addressed the City
Council stating that the sidewalk by McDonald's on Lee
Street is in very poor condition; it should be repaired;
the City has been pushed into another issue on gambling;
Mayor Stevens wants us to get the license for him; we
have to say no; we don't need the fallout that the
casino will cause.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that people on bicycles ride on the
sidewalks; they come up behind and scare pedestrians;
they should ride on the streets.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that the matter of casino gambling
should not be discussed in Executive Session; you
completely cut out the people; people have voted against
casino gambling in Des Plaines; we went out and got a
people's referendum; over 4,000 signatures in less than
a month; now you are going through the same thing
again; are you going to have a referendum?; he hopes so.
Mr. Jeff Wertepny, 715 Elizabeth Lane, addressed the
City Council stating that he is the owner of the batting
cage that is causing so much concern; his baseballs do
CITIZENS
(Cont'd. )
MAPLEWOOD
CHASE SUBDIV.
TOUHY &
MAPLE:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
MUNICIPAL GAS
USE TAX
AMENDMENT:
Consent
Agenda
Ordinance
M-43-02
PAGE FOUR
287
7/15/02
not go through the net and none hit the homes; he lives
on almost a 1/2-acre lot; he does have a second net; his
pitching machine has not been up.
A resident at 384 Oak Street addressed the City Council
on behalf of Irene Angell, S56 Graceland Avenue; the
City is planning to buy her land; she does not want to
move; some day all of you will turn 92 and you will not
want to move; she just wants to be comfortable in her
old age.
Mr. Jim Blue, 1771 Sherwood Road, addressed the City
Council stating that he has gathered City material
regarding casino gambling that goes back to 1994; he
will bring a video to show at the Committee of the Whole
meeting on August 20, 2002.
A resident at 81S Pearson Street addressed the City
Council stating that he doesn't feel good about this
casino license; if we get $20 million, it will come from
losers; don't try to balance the City budget on a bunch
of losers
Alderman Becker stated that he is placing the matter of
bond revocation for the Maplewood (Westfield) Chase
Subdivision, Touhy Avenue and Maple Street, on the
agenda of the Community Development Committee under
Committee of the Whole on August S, 2002.
Alderman Becker requested that Items S, Sa and 21 be
removed by the Consent Agenda; and a resident requested
that Item 20 be removed.
Moved by Sayad, seconded by Becker, to
Consent Agenda except for Items S, Sa,
Motion declared carried.
establish a
2 0 and 21.
Moved by Brookman, 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; Ordinance Z-
18-02 was adopted; Ordinance M-43-02 was placed on First
Reading; and Resolutions R-71-02, R-72-02 and R-73-02
were adopted.
Moved by Brookman, seconded by Argus, to approve minutes
of the Executive Session of the City Council held June
10, 2002 -AS AMENDED. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to approve minutes
of the Executive Session of the Committee of the Whole
of the City Council held June 24, 2002. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to approve minutes
of the regular meeting of the City Council held July 1,
2002, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to amend Title V, Chapter 59 -
"Municipal Gas Use Tax," to delete Section 5-59-5 -
"Books and Records" of the City Code necessitated by the
adoption of Ordinance M-31-02 (Natural Gas Use Tax) on
June 3, 2002 HOUSEKEEPING ACTION; and further
recommend to place on First Reading Ordinance M-43-02,
AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS"
CHAPTER 59, "MUNICIPAL GAS USE TAX," OF THE CITY CODE OF
DES PLAINES TO DELETE SECTION 5, "BOOKS AND RECORDS."
Motion declared carried as approved unanimously under
Consent Agenda.
ZONING CASE
02-42-V
VARIATION/
1700 s.
MT. PROSPECT:
Ordinance
Z-19-02
6(b) REAL
ESTATE CLASS.
400 E. TOUHY:
Consent
Agenda
Resolution
R-71-02
AUTOMATIC AID
AGREEMENT/
VILLAGE OF
ROSEMONT:
Consent
Agenda
Resolution
R-72-02
CONTINUED
PARTICIPATION
SUBURBAN TREE
CONSORTIUM:
Consent
Agenda
Resolution
R-73-02
FINAL PLAT &
VARIATION/
JS & J SUBDI.
CURTIS AND
PRATT:
Consent
Agenda
PATIO
VARIATION/
307 GROVE:
Consent
Agenda
PAGE FIVE
288
7/15/02
Moved by Becker, seconded by Argus, to POSTPONE until
August 19, 2002, under Committee of the Whole,
discussion on the recommendation of Des Plaines Zoning
Board of Appeals, re Zoning Case 02-42-V, 1700 S. Mt.
Prospect Road and placing on First Reading Ordinance z-
19-02. Motion declared carried.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to authorize City to support and
consent to the granting of a Cook County Real Estate
Classification 6(b) property tax exemption to Seefried
Industrial Properties, Inc. for construction of a
127,000 sq. ft. air freight/cargo/industrial warehousing
facility for property located at 400 E. Touhy Avenue;
and further recommend to adopt Resolution R-71-02, A
RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL
PROPERTY LOCATED AT 400 E. TOUHY IN DES PLAINES,
ILLINOIS PURSUANT TO COOK COUNTY REAL ESTATE PROPERTY
CLASSIFICATION ORDINANCE. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute "Automatic Aid Agreement" with the Village of
Rosemont, 9501 W. Devon Avenue, Rosemont, IL 60018, to
allow neighboring fire departments to better utilize
firefighting personnel, apparatus and equipment for the
benefit of both communities; and further recommend to
adopt Resolution R-72-02, A RESOLUTION AUTHORIZING THE
EXECUTION OF THE "AUTOMATIC AID AGREEMENT" BETWEEN THE
VILLAGE OF ROSEMONT AND THE CITY OF DES PLAINES FOR AN
UPDATED AGREEMENT TO BENEFIT THE RESIDENTS OF THE CITY
OF DES PLAINES AND SURROUNDING COMMUNITIES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation that City be authorized to continue
participation in the five (5)-year contractual bid
program through the Suburban Tree Consortium, % West
Central Municipal Conference, 1127 S. Mannheim Road,
Suite 102, Westchester, IL 60154 (entered into on March
15, 1999 -Ordinance M-11-99 and continued participation
on September 18, 2000 -Resolution R-64-00), to jointly
purchase parkway trees on behalf of a number of
municipalities in an effort to realize cost savings and
insure a reasonable supply and variety of suitable
parkway trees, and further recommend to adopt Resolution
R-73-02, A RESOLUTION EXPRESSING CONTINUED PARTICIPATION
IN THE SUBURBAN TREE CONSORTIUM FIVE YEAR CONTRACTUAL
BID PROGRAM. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
recommendation of the Des Plaines Plan Commission to
approve Revised Final Plat and Subdivision Regulations
Variation for JS & J First Addi ti on to Des Plaines
Subdivision, southwest corner of Curtis Street and Pratt
Avenue; and Mayor and City Clerk be authorized to
execute same. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments for
property located at 307 Grove Avenue, to permit
construction of a 10' x 29' patio alongside the detached
garage (Code prohibits patios from extending more than
15' from the building foundation) . Motion declared
carried as approved unanimously under Consent Agenda
PARKING PAD
VARIATION/
630 w.
DEVONSHIRE:
Consent
Agenda
PARKING PAD
VARIATION/
634 WESTMERE:
Consent
Agenda
PARKING PAD
VARIATION/
1650 CORA:
Consent
Agenda
PARKING PAD
VARIATION/
1436
CAMPBELL;
Consent
Agenda
PARKING PAD
VARIATION/
1139 ALFINI:
Consent
Agenda
DATA
COLLECTORS/
WATER METER
READING:
Consent
Agenda
PROF. SVS./
ASBESTOS
REMOVAL, FIRE
STATION #3:
Consent
Agenda
PHYSICAL
EXAMINATIONS/
FIRE DEPT.:
Consent
Agenda
PAGE SIX
289
7/15/02
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments to permit
construction of a 30' x 52' parking pad by existing
driveway in the front yard of property located at 630 W.
Devonshire Drive. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments to permit
widening of driveway from existing width of 9' to 18' for
a parking pad on property located at 634 Westmere Road ;
contingent upon driveway approach lining up with driveway
at the property line. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request for an after-the-
fact Variation to Section 4-7-9 of the Building Code
Amendments to permit an existing 18' x 18.5' parking pad
in the rear yard of property located at 1650 S. Cora
Street; contingent upon petitioner paying an additional
$150 fee for building without a permit. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments to permit
replacement of an existing 22' x 29' gravel parking pad
with a cement parking pad in the rear yard of property
located at 1436 Campbell Avenue. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments to permit
widening of driveway from existing 8.25' to 18' for a
parking pad on property located at 1139 Alfini Drive;
contingent upon driveway approach lining up with driveway
at the property line. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to accept proposal from BadgerMeter,
Inc., 4545 W. Brown Deer Road, Milwaukee, WI 53223, for
purchase of five (5) Itron GS Handheld Data Collectors
for reading the City's water meters, including software
and training, in the total amount of $22,750/2002 Water
Fund; and it would be in the best interest of the City
that usual bid procedures be waived. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to accept proposal from
Environmental Services, Inc., P.O. Box 385, Western
Springs, IL 60558, to provide professional services for
asbestos removal at Fire Station #3, 130 E. Thacker
Street, (drawings for removal, assist bid process, etc.),
in the total amount of $ 6, 550 /Budgeted Funds. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to accept proposal from Holy Family
Medical Center, 100 N. River Road, Des Plaines, to
provide physical examinations for Fire Department
personnel for a three (3)-year period at an annual cost
of $34,435, effective 2002 to 2005/Budgeted Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
ERIC ELIAS
FOUNDATION/
SK RUN-WALK:
Consent
Agenda
ORDINANCE
M-44-02
TELECOMMUNI.
INFRASTRUC.
FEE:
PAGE SEVEN
290
7/15/02
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request from the Eric Elias
Foundation to hold a SK Run/Walk on Saturday, October 5,
2002, from 8:00 a.m. to 11:00 a.m., on various streets
near Orchard Place School to raise money to assist
families affected by Muscular Dystrophy; contingent upon
execution of a Hold Harmless Agreement (Eric Elias passed
away in 1999 from Duchenne Muscular Dystrophy and
attended Orchard Place School). Motion declared carried
as approved unanimously under Consent Agenda.
Des Plaines resident and Executive Director of the Des
Plaines Chamber of Commerce & Industry, Richard Ornberg,
addressed the City Council in opposition to the
Telecommunication Infrastructure Fee; over 30 member
businesses have expressed their concerns about this fee
increase; the tax is excessive; it is unevenly weighted
and burdensome on business; businesses are struggling
right now.
Alderman Brookman stated that she cannot vote in favor of
this tax; she has always believed that there should be no
tax increases until every effort has been made to reduce
spending; the City has taken some steps and there may be
other potential savings in the upcoming budget; this is
not the appropriate time to hit the business community;
she will be absolutely voting no.
Alderman Sayad stated that he has been asking the
aldermen if there were other ways to generate revenue; he
doesn't want to tax anyone but we have to do our jobs;
what is the alternative?; the alternative would be a 30%
property tax increase to reach the amount this tax would
bring in; if the property tax is increased, the business
owners would pay more than what the Telecommunication Fee
would cost.
Alderman Smith stated that maybe this is not the time to
do this; he would prefer to raise the property tax.
Alderman Brookman stated that we have to curtail our
spending; we have a shortfall; we are going to come out
of this, but we have to slow down; we should look at this
at budget time.
Moved by Brookman, seconded by Smith, to POSTPONE First
Reading of Ordinance M-44-02 re Telecommunications
Infrastructure Fee, for discussion during the upcoming
Budget Hearings. MOTION DECLARED FAILED. Aldermen
Brookman and Smith voted yes. Aldermen Beauvais,
Christiansen, Murphy, Sayad, Becker and Argus voted no.
Alderman Christiansen stated that he knows the businesses
feel this is an unfair tax; the figures from the Des
Plaines Chamber are eye-opening; these businesses support
the City's charities; times will get better; we have some
things in the works that will generate revenue; if we
want to help Des Plaines, we should shop Des Plaines;
based on the information given to us this evening, he is
not going to vote in favor of this fee.
A representative of the Resurrection Health Center
addressed the City Council in opposition of this fee; he
feels this is going to be challenged in the Courts
because there is no way to track this.
Moved by Sayad, seconded by Becker, to POSTPONE First
Reading of Ordinance M-44-02 re Telecommunications
Infrastructure Fee, for discussion under the Committee of
the Whole on December 2, 2002. Upon roll call, the vote
was:
TELECOMMUNI.
(Cont'd. )
ORDINANCE
M-45-02
DEVELOPMENT
AGREEMENT
AUTHORIZATION
LA QUINTA,
TIF #6:
ORDINANCE
Z-18-02
CONDIT. USE/
915-917
ELMHURST:
Consent
Agenda
FINAL PLAT/
HARD ROCK
RESUDIVISION
962 LEE:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
APPOINTMENT:
Consent
Agenda
PAGE EIGHT
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
29 1
7/15/02
Alderman Becker introduced Mr. Tim Peters, a
representative with La Quinta, Irving, Texas, who are
planning a proposed project on Mannheim Road in TIF #6.
Mr. Peters stated that they are very excited about this
development in Des Plaines; they have had many meetings
with City Staff; they are able to develop this project of
208 rooms with 25 suites without any cash from the City;
they want this to be a flagship project; they will
feature a continental breakfast as part of the room rate;
this is one of the best values in the market; there will
be meeting rooms; he thanked Alderman Becker, the City
Manager and Staff for their cooperation.
Moved by Becker, seconded by Sayad, to placed on First
Reading Ordinance M-45-02. Motion declared carried.
Moved by Becker, seconded by Argus, to advance to Second
Reading and adopt Ordinance M-45-02, AN ORDINANCE
CONFIRMING AND APPROVING A DEVELOPMENT AGREEMENT BY AND
BETWEEN LA QUINTA PROPERTIES, INC. AND THE CITY OF DES
PLAINES FOR A PORTION OF THE MANNHEIM-HIGGINS
REDEVELOPMENT PLAN AND PROJECT AREA NO. 6. 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 Brookman, seconded by Argus, to adopt Ordinance
Z-18-02, AN ORDINANCE ALLOWING FOR THE EXPANSION OF A
WHOLESALE GOODS ESTABLISHMENT IN ACCORDANCE WITH SECTION
7.3-1 OF THE DES PLAINES ZONING ORDINANCE, AND ALLOWING
A VARIATION TO SECTION 7.3-2 FOR THE CONSTRUCTION OF A
BUILDING ADDITION WITH A REAR YARD SETBACK OF 5 FEET
INSTEAD OF THE REQUIRED 25 FEET, AND A SIDE YARD SETBACK
OF 4.57 FEET INSTEAD OF THE REQUIRED 5 FEET, ALL AT 915-
917 S. ELMHURST ROAD, DES PLAINES, ILLINOIS (CASE 02-40-
CU-V) . Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Hard Rock Resubdivision, 962 Lee Street;
and Mayor and City Clerk be authorized to execute same.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Asbestos Removal at Fire Station
#3, 130 E. Thacker Street, returnable by 3:00 p.m.,
Wednesday, July 31, 2002. Motion declared carried as
approved unanimously under Consent Agenda.
Presented for consideration (no action required) was the
Mayoral appointment to the HUMAN SERVICES ADVISORY
COMMISSION of Rozan Dien, replacing Jerry Pinney (final
action on this matter under Consent Agenda on August 5,
2002).
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
ADOPTION OF
2000 INTERNA.
CODE COUNCIL
BUILDING
CODE:
ZONING CASE
02-41-CU
CONDIT. USE/
410 E.
N.W. HWY.:
PAGE NINE
BUILDING CODE -Alderman Murphy, Chair
292
7/15/02
Deputy Director of Community Development Molinari
reviewed the matter that was referred back to Staff for
further review on May 20, 2002 and June 17, 2002,
regarding the adoption of the 2000 Edition of the
International Code Council Series which was formerly the
BOCA Code. Deputy Director Molinari reviewed the minor
amendment changes that were made to the 2000 Edition at
the request of the aldermen at these meetings, i.e.
drainage and grading of lots, swimming pool setback.
Alderman Brookman stated that she has many question about
this; this should be sent back to Staff for further
review and clarification.
Mr. Paul Saletnik, 320 Oxford Road, addressed the
Committee of the Whole stating that these amendments will
be very costly to residents; they will need to hire a
civil engineer; they will need to submit a grading plan
if they increase the footprint of their home by 250 sq.
ft. or more; you need to look at this carefully.
Alderman Murphy stated that some of these situations can
be determined without hiring an engineer; through proper
plan review.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that you need
professionals to evaluate these situations.
Alderman Christiansen stated that the City has to require
a survey up front before there are any problems with
flooding.
Moved by Brookman, seconded by Becker, to recommend to
the City Council to TABLE the Adoption of the 2000
Edition of the International Code Council Building Code
Series. Upon roll call, the vote was:
AYES: 4-Sayad, Brookman, Becker, Argus
NAYS: 4-Beauvais, Christiansen, Murphy, Smith
ABSENT: 0-None
Motion declared FAILED (a tie vote is a failed vote) .
Moved by Murphy, seconded by Sayad, to recommend to the
City Council that the recommendations regarding the
adoption of the 2000 Edition of the International Code
Council Building Code Series be referred back to Staff
for further review for discussion by the Committee of the
Whole on August 5, 2002. Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Director of Economic Development Schneider reviewed his
memo of July 1, 2 0 02, regarding a request to permit
operation of a used car sales lot in a C-3 General
Commercial District on property located at 410 E.
Northwest Highway; the Des Plaines Zoning Board of
Appeals voted to recommend approval; the Staff recommends
approval with conditions.
Alderman Becker asked if the City can specify that the
owner provide the City with a list of cars sold in Des
Plaines. Director Schneider said yes, it could not be
used as a clearing house.
Alderman Beauvais asked if there would be stop bumpers
for the cars. Director Schneider said no. Alderman
Beauvais said she would have a problem with that because
there would be nothing to stop the cars from parking on
the sidewalk.
410 N.W. HWY.
(Cont'd.)
WARRANT
REGISTER:
PAGE TEN
293
7/15/02
Alderman Smith stated that he would like to see another
condition added that there would be no cars that need
body work.
Alderman Murphy stated that she doesn't know how the City
Council can impose a restriction on body damage.
Petitioner George Zervos was introduced and addressed the
Committee of the Whole regarding this matter.
Alderman Becker asked Mr. Zervos if he had a problem with
the concerns that the aldermen stated; will he supply a
list of the sold cars and the dollar amounts to the
Finance Department?
Mr. Zervos stated that he is going to landscape and
remove one of the parking spots; he has put in about
$50, 000 to fix up the property; he will supply the
information to the Finance Department. An associate of
Mr. Zervos, Mr. Cagney, stated that car sales are all
reported to the State; they have to account for cash
transactions.
Alderman Sayad stated that he is in favor of this plan;
Mr. Zervos will do everything that is required; he wished
him the best of luck.
Mr. Paul Andrews, 526 State Street, addressed the
Community of the Whole stating that his property is next
door; he doesn't think that a used car lot next to a
prime area is appropriate.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that he has been all over
this country and most states don't allow this; a lot of
these places are junk yards; they cause a lot of
problems.
Alderman Argus stated that she will be voting yes on this
request; she has gone by his business and has seen how
nice he maintains his property.
Moved by Becker, seconded by Brookman, to concur with
Staff recommendation and recommend to the City Council,
re Zoning Case 02-41-CU, to grant request for a
Conditional Use to permit the operation of a used car
sales lot in a C-3 General Commercial Zoning District on
property located at 410 E. Northwest Highway, contingent
upon several conditions, i.e. bumper stops for cars, list
of sold cars, landscaping; and City Attorney be
authorized to draft necessary ordinance. Motion declared
carried. Alderman Smith voted no.
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the July 15, 2002 -
Warrant Register, in the total amount of $3,388,616.04;
and further recommend that Resolution R-74-02 be adopted
at appropriate time this evening. Motion declared
carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
ORDINANCE
M-46-02
VEH. LIC.
FINES FOR
PRIOR YEARS:
ORDINANCE
Z-20-02
VARIATION/
962 LEE:
ADOPTION OF
2000 INTERNA.
CODE COUNCIL
BUILDING
CODE:
ZONING CASE
02-41-CU
CONDIT. USE/
410 E.
N.W. HWY.:
WARRANT
REGISTER:
Resolution
R-74-02
PETITIONS/
FLOODING &
DRAINAGE:
SINGLE BID/
PRAIRIE-
FARMERS CREEK
RESTORATION:
PAGE ELEVEN
294
7/15/02
Moved by Sayad, seconded by Argus, to place on First
Reading Ordinance M-46-02, AN ORDINANCE AMENDING TITLE
10, "TRAFFIC" CHAPTER 9, "LICENSES" TO ADD ADDITIONAL
LANGUAGE. Motion declared carried. Aldermen Brookman
and Smith voted no.
Moved by Christiansen, seconded by Brookman, to place on
First Reading Ordinance Z-20-02, AN ORDINANCE AUTHORIZING
A VARIATION TO SECTION 9.7 OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO PERMIT A RETAIL BUSINESS TO HAVE 12
PARKING SPACES INSTEAD OF THE REQUIRED 25 PARKING SPACES
AT 962 LEE STREET, SAID BUSINESS BEING KNOWN AS DES
PLAINES GLASS (CASE 02-31-V). Motion declared carried.
Alderman Sayad voted no.
Moved by Murphy, seconded by Argus, to concur with
recommendation of Committee of the Whole that the
recommendations regarding the adoption of the 2000
Edition of the International Code Council Building Code
Series be referred back to Staff for further review for
discussion by the Committee of the Whole on August 5,
2002. Motion declared carried.
Moved by Becker, seconded by Brookman, to concur with
recommendation of the Committee of the Whole, re Zoning
Case 02-41-CU, to grant request for a Conditional Use to
permit the operation of a used car sales lot in a C-3
General Commercial Zoning District on property located at
410 E. Northwest Highway, contingent upon several
conditions, i.e. bumper stops for cars, list of sold
cars, landscaping; and City Attorney be authorized to
draft necessary ordinance. Motion declared carried
(further action on this matter under Unfinished Business
on August 5, 2002).
Moved by Becker, seconded by Brookman, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-74-02, 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:
$3,388,616.04. 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.
Mayor Arredia referred petitions presented to Mayor
Arredia on July 1, 2002, from some Fourth Ward residents
regarding flooding of back yards and drainage of sump
pump water onto lower properties, to Staff to be included
in the upcoming Storm Water Master Plan discussions.
Moved by Sayad, seconded by Brookman, that City Clerk be
authorized to open single bid received on July 9, 2002,
for Prairie-Farmers Creek Stream Bank Maintenance and
Restoration. Motion declared carried.
City Clerk McAllister announced that the single bid was
received from Landscape Resources, Inc., 1135 S. Lake
Street, Montgomery, IL 60538, in the total base bid
amount of $283,376.
Moved by Sayad, seconded by Becker, to award bid for
Prairie-Farmers Creek Stream Bank Maintenance and
Restoration to Landscape Resources, Inc., 1135 S. Lake
Street, Montgomery, IL 60538, ift the tot~.l bas@ bie
a~o~nt o~ $283,J7e, contingent upon review by Staff of
bid documents and references. Upon roll call, the vote
was:
8/5/02
Single Bid/Prairie-Farmers Creek Restoration
Third Paragraph, Fourth Line -DELETE
"in the total base bid amount of $283,376"
ADD
"in the base bid amount of $283,376, plus the
alternate bid of $27,983.50, for a total amount
of $311,359.50, ... "
BID AWARD
(Cont'd.)
SURPLUS FUNDS
CIP:
ADJOURNMENT :
PAGE TWELVE
295
7/15/02
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Alderman Beauvais requested that the matter of overage of
the Capitol Improvement Program funds be discussed by the
Committee of the Whole on August 5, 2002.
Moved by Christiansen, seconded by Beauvais, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 11:03 p.m.
CLERK
APPROVED BY ME THIS
DAY OF