08-05-2002296
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, AUGUST 5, 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 6:30 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, August 5, 2002.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith, Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Brookman arrived in Executive Session at 6:38 p.m.
Alderman Beauvais arrived in Executive Session at 6:39
p.m.
Also present were: City Manager Miller, Director of Finance Egeberg,
Police Chief Ryan, Deputy Fire Chief Pratt, Deputy Director of Community
Development Molinari, Director of Engineering Oakley, Assistant Acting
Director of Public Works Passi, Director of Human Resources & Services
Merriman, and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
PRESENTATION:
ACQUIS. OF
PROP./SETTING
PRICE OR
LEASE/TIF #1:
Moved by Murphy, seconded by Smith, to go into Executive
Session to discuss acquisition of real property/setting
price or lease.
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 6:31 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
The opening prayer was given by Reverend Greg Eaton,
First United Methodist Church, followed by the Pledge of
Allegiance.
Mayor Arredia recognized Battalion Commander Scott Small
of the Fire Department for helping a family save their
belongings during a recent fire in the attic of the
home; the homeowner wrote to the City commending this
firefighter.
Mayor Arredia recognized Erica Trocchio, a resident, who
was recently crowned Miss Italia USA and will now be
competing in the international pageant in Italy for the
title of Miss Italia Nel Mondo.
Director of Human Resources & Services Merriman gave a
brief update on the progress of the Teen Center project;
with the help of HUD grant funds they hope to provide a
safe place for the community's youth to go and
opportunities to participate in constructive activities.
Moved by Becker, seconded by Sayad, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding acquisition of real
property/setting price or lease in TIF #1. Motion
declared carried.
CITIZEN
PARTICIPA. :
ZONING CASE
02-42-V
VARIATION/
1700 s.
MT. PROSPECT:
Ordinance
Z-19-02
CONSENT
AGENDA:
PAGE TWO
297
8/'5/02
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that he read in the newspaper that the
Special Events Commission was holding a meeting at the
Beacon Tap; he doesn't think this is the proper place to
hold a community meeting; this conveys a bad image; the
meetings should be held at City Hall.
Mr. Zenon Kalita, 1600 E. Thacker Street, addressed the
City Council stating he is president of his condo
association and is here on their behalf; Norwood
Builders built their building in 1993 and since they
turned it over to the residents, they have had numerous
problems; windows were improperly installed, have
deteriorated and now have to be replaced; these problems
have cost the residents thousands and thousands of
dollars; we want Norwood Builders to pay for these
repairs; they should not be allowed to build in Des
Plaines.
Mr. Greg Lietzau, 2040 Miner Street, addressed the City
Council stating that he has lived in Des Plaines for 42
years; if the City is lacking funds, why can't you get
more people interested in the vacant property around
town; there are many parcels that could be developed; he
is in favor of a gaming casino; we need the money.
Mr. Gary Danfield, 655 River Road, addressed the City
Council stating that he has been watching Norwood
Builders construct their second building; they are
building too fast; there is no traffic or structural
safety; we should do an inspection of their project.
Moved by Becker, seconded by Sayad, to RECONSIDER vote
taken on July 15, 2002, re Zoning Case 02-42-V, 1700 S.
Mt. Prospect Road, that this matter be POSTPONED to
August 19, 2002. Motion declared carried.
Moved by Becker, seconded by Christiansen, to adopt a
SUBSTITUTE motion to concur with recommendation of Des
Plaines Zoning Board of Appeals, re Zoning Case 02-42-V,
to permit construction of a solid fuel gasification
processing facility with a height of 75', coal and ash
storage hoppers with heights of 50' and a biomass
storage hopper with a height of 60' instead of the
permitted maximum heights of 40' in M-2 General
Manufacturing District on property located at 1700 S.
Mt. Prospect Road; and further recommend to place on
First Reading Ordinance Z-19-02, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTION 7.4-5(D) OF THE CITY
OF DES PLAINES ZONING ORDINANCE TO PERMIT THE
CONSTRUCTION OF A SOLID FUEL GASIFICATION PROCESSING
FACILITY WITH A HEIGHT OF 75 FEET, COAL AND ASH STORAGE
HOPPERS WITH HEIGHTS OF 50 FEET, AND A BIOMASS STORAGE
HOPPER WITH A HEIGHT OF 60 FEET INSTEAD OF THE PERMITTED
MAXIMUM HEIGHTS OF 40 FEET ALL LOCATED AT 1700 S. MOUNT
PROSPECT ROAD, DES PLAINES, ILLINOIS (CASE 02-42-V) .
Alderman Beauvais stated her concern that our Fire
Department equipment would not be able to reach to those
heights; this should be checked out before this is
approved.
Motion declared carried. Alderman Beauvais voted no.
(further action on this matter under Unfinished Business
on August 19, 2002)
City Clerk McAllister requested that Item 1 be removed
from the Consent Agenda.
Moved by Beauvais, seconded by Murphy, to establish a
Consent Agenda except for Item 1. Motion declared
carried.
CON. AGENDA
(Cont'd. )
MINUTES/
7/15/02:
EXEC. SESSION
MINUTES/
7/15/02:
Consent
Agenda
LIQ. LIC.
UPDATE/
VARIOUS
LOCATIONS:
Consent
Agenda
Ordinance
M-47-02
LIC. AGREE./
373 LAWN
LANE:
Consent
Agenda
Ordinance
M-48-02
LIC. AGREE./
707 MEADOW
DRIVE:
Consent
Agenda
Ordinance
M-49-02
PAGE THREE
298
8/5/02
Moved by Sayad, 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 M-
43-02 was adopted; Ordinances M-47-02, M-48-02 and M-49-
02 were placed on First Reading; and Resolutions R-78-
02, R-79-02 and R-80-02 were adopted.
City Clerk McAllister requested the following correction
be made to the minutes of the regular meeting of the
City Council held July 15, 2002: Page Eleven, "Single
Bid/Prairie-Farmers Creek Restoration," Paragraph Three,
Line Four, delete "in the total base bid amount of
$283,376, ... " and 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, ... "
Moved by Brookman, seconded by Sayad, to approve minutes
of the regular meeting of the City Council held July 15,
2002 -AS AMENDED. 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 Sayad, seconded by Argus, to approve minutes of
the Executive Session of the City Council held July 15,
2002. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to amend Title V, Chapter 34
"Intoxicating Liquors," Section 18 of the City Code to
delete the liquor licenses for the following locations:
Class A -2930 River Road; Class B-1 -52 E. Northwest
Highway; Class B-1 -1858 E. Oakton Street; Class E -
1591 Lee Street, Class H -1290 E. Northwest Highway;
and further recommend to place on First Reading
Ordinance M-47-02, AN ORDINANCE AMENDING TITLE V,
"LICENSES" CHAPTER 34 "INTOXICATING LIQUORS" SECTION 18,
"LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES,
TO REFLECT AMENDMENTS TO THE NUMBER OF ACTIVE LIQUOR
LICENSES IN DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, 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 373 Lawn
Lane; Mayor and City Clerk be authorized to execute
necessary license agreement; and further recommend to
place on First Reading Ordinance M-48-02, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH PROPERTY OWNER RONALD C. GIBSON, FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 373 LAWN LANE, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, 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 707 Meadow
Drive; Mayor and City Clerk be authorized to execute
necessary license agreement; and further recommend to
place on First Reading Ordinance M-49-02, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH PROPERTY OWNER KOSTAS BUBARIS, FOR THE
M-49-02
(Cont'd. )
TIME EXTEN./
FINAL PLAT &
PUD, 1000
PRAIRIE:
Consent
Agenda
Resolution
R-78-02
CDBG 2002-03
BUDGET & 2002
CONSOLIDATED
ACTION PLAN:
Consent
Agenda
Resolution
R-79-02
Resolution
R-80-02
DRIVEWAY
VARIATION/
521 EASY:
Consent
Agenda
DRIVEWAY
VARIATION/
2032
PLAINFIELD:
Consent
Agenda
SLIDE DOOR/
LIBRARY
1501
ELLINWOOD:
Consent
Agenda
PAGE FOUR
299
8/5/02
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 707 MEADOW DRIVE,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to grant request for time extension for
Final Plat and PUD to construct a 25-unit multi-family
residential development in the area of Prairie and First
Avenues, granted under Ordinance Z-11-01 (Case 00-33-
PUD), approved by the City Council on July 16, 2001; for
a period of eight (8) months from July 21, 2002 through
March 21, 2 0 0 3; and further recommend to adopt
Resolution R-78-02, A RESOLUTION GRANTING AN EXTENSION
OF TIME FOR SUBMITTAL AND APPROVAL OF A FINAL PLAT
PURSUANT TO SECTIONS 3.4-8 AND 3.5-4C OF THE DES PLAINES
ZONING ORDINANCE AND GRANTING AN EXTENSION OF 8 MONTHS
BEGINNING JULY 21, 2002 AND ENDING MARCH 21, 2003 OF THE
PLANNED UNIT DEVELOPMENT (PUD) FOR ORDINANCE Z-11-01 FOR
THE PROPERTY COMMONLY KNOWN AS 1115-1133 W. PRAIRIE
AVENUE, DES PLAINES (CASE 00-33-PUD) . Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to approve the City's Community
Development Block Grant (CDBG) Program Year 2002-03
Budget in the amount of $319,000, as presented at Public
Hearings held June 5, 2002 and July 30, 2002; approve
City's Consolidated Plan Action Plan for CDBG Program
Year 2002 (October 1, 2002 to September 30, 2003);
authorize Mayor and City Clerk to sign the Plan and
certifications required by the U.S. Department of
Housing and Urban Development (HUD); submit all to HUD
before the end of August; and further recommend to
adopt:
Resolution R-79-02, A RESOLUTION APPROVING THE CITY OF
DES PLAINES' 2002-03 COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET; and
RESOLUTION R-80-02, A RESOLUTION APPROVING THE CITY OF
DES PLAINES 2002 CONSOLIDATED PLAN ACTION PLAN.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, 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 521 Easy Street, to permit replacement of
existing driveway with a circular driveway and to allow
one end of the driveway to be more than 18' wide at the
property line (Code prohibits driveways from being more
than 18' wide at the property line); contingent upon
petitioner installing landscaping on the filled-in areas
in the front yard that are not part of the circular
driveway. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to permit installation of an undersized
driveway, 8.56', on property located at 2032 Plainfield
Drive (Code requires that residential driveways be a
minimum of 9' wide); contingent upon written approval
being provided from petitioner's neighbor, and petitioner
completely removing existing parking pad and replacing
it with grass and/or landscaping. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to accept proposal from Stanley Access
Technologies, 1250 Hassell Road, Hoffman Estates, IL
60195, to furnish and install One (1) Stanley Dura Glide
Single Slide Door on the north entrance of the Des
Plaines Public Library, 1501 Ellinwood Street, in the
total amount of $5, 874/CDBG Funds (no cost to City).
Motion declared carried as approved unanimously under
Consent Agenda.
BID AWARD/
2002 ALLEY &
PARKING LANE
IMPROV.:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
APPOINTMENT:
Consent
Agenda
ORDINANCE
M-43-02
MUN. GAS USE
TAX AMEND.:
Consent
Agenda
BOND REVOCA./
MAPLEWOOD
(WESTFIELD)
SUBDIVISION
TOUHY &
MAPLE:
ZONING CASE
02-44-CU-V
MINER ST. &
RAND ROAD:
PAGE FIVE
300
8/5/02
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to award bid for 2002 Alley and Parking
Lane Improvements to the lowest bidder, Chicagoland
Paving Contractors, Inc., 225 Telser Road, Lake Zurich,
IL 60047, in the total bid amount of $264, 210/General
Improvement Fund. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids from the pre-qualified firms for the renovation
of the 2nd and 4th floors of City Hall, returnable by 3: 00
p.m., Wednesday, August 21, 2002. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Argus, to approve Mayoral
appointment of Rozan Dien to the HUMAN SERVICES ADVISORY
COMMISSION, term to expire January 31, 2003. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Argus, to adopt 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.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker reviewed the problems being experienced
by the Maplewood (Westfield) Chase Subdivision with its
storm sewers and sump pump discharge lines; the City has
been televising the lines and have found numerous
defects; the City is holding a $57,251 Maintenance Bond,
but it appears that the necessary repairs will
substantially exceed that amount.
Alderman Becker is recommending that the Staff be
authorized to take the necessary action to revoke the
maintenance bond and institute any required legal action
to complete the repairs to the storm sewer system and
sump pump discharge lines.
Alderman Sayad questioned whether this project was ever
checked out; we should review our procedures.
Director of Engineering Oakley stated that it will now be
required that there be televising of all sewers before a
project is completed.
Moved by Sayad, seconded by Argus, to recommend to the
City Council that the City review the televised tapes of
the lines within the Maplewood (Westfield) Chase
Subdivision, Touhy Avenue and Maple Avenue; and Staff be
authorized to take whatever legal action is necessary to
rectify the situation of defective storm sewer system and
sump pump discharge lines. Motion declared carried.
Deputy Director of Community Development reviewed
Director of Economic Development Schneider's memo of July
23, 2002, regarding request from Alderwoods (North
Chicago), owner of Oehler Funeral Home, to permit
development of a funeral home in a C-2 Limited Office
Commercial District on property located at the southwest
corner of Dempster/Miner Street and Rand Road; the
petitioner is also requesting a variation to permit
parking spaces in the required front yard; both the D~
MINER-RAND
(Cont'd. )
PAGE SIX
301
8/5/02
Plaines Zoning Board of Appeals and Staff recommend that
the Conditional Use and Variation be granted with
conditions.
Representatives of Alderwoods and Oehler Funeral Home
were introduced:
Jack Heinz and Jim Murray -Oehler Funeral Home
Ron Gushulak, Dave Van Rite -Alderwoods
Ray Derbas, Luay Aboona, Brian Sedlak -Consultants
Construction Coordinator Dave Van Rite, Alderwoods, gave
a site review of the proposed project.
Alderman Beauvais stated her concern about the number of
parking spaces; it was her understanding that Alderwoods
had agreed to lower the parking spaces from 111 to 78.
Alderman Sayad stated his concern about the rain runoff
and the traffic flow; is the number of parking spaces
firm? Mr. Van Rite said yes, in order to provide their
level of service.
Alderman Brookman stated that this was not the only site
offered to the petitioner; there were other locations;
the site is in the flood plain; the building would have
to be raised up; how will that look?; she is also
concerned about the additional parking spaces; we should
not allow this area to be paved over.
Alderman Argus stated that she would not mind having this
project located at the entrance of our City.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that he is concerned about
the water; we should look at other options.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that this is going to be
a beautiful building; this will be a perfect business for
this area; quiet and reserved.
Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the
Committee of the Whole stating that the residents want a
park on this site; we should put a teen center there;
this seems like a nice project providing all flood
regulations are met; there are too many parking spaces
for this project; we want the front parking taken out;
she is also concerned about the financial condition of
Alderwoods; she has many documents that substantiate what
she is saying.
Mr. Ron Gushulak, Director of Operations, North Central
USA, Alderwoods Group, Inc., 311 Elm Street, Suite 1000,
Cincinnati, OH 45202, addressed the Committee of the
Whole stating that Alderwoods was formed after the
bankrupcy of the previous company; we are separate from
that company; we were pleased when this site was
presented to us; they will be putting $3.2 million into
this project which they would complete within six (6)
months.
Moved by Brookman, seconded by Beauvais, to recommend to
the City Council that this matter be postponed for 30
days for further review. Upon roll call, the vote was:
AYES: 4-Beauvais, Christiansen, Murphy, Brookman
NAYS: 4-Sayad, Becker, Smith, Argus
ABSENT: 0-None
Motion declared failed (a tie vote is a failed vote) .
Mr. James Behrenfeld, 957 Acres Lane, addressed the
Committee of the Whole stating that he liked the
presentation except for the parking; this will cause
problems with the bank project with traffic and water;
other funeral homes don't need this many spaces; we
should review this more.
MINER & RAND
(Cont'd. )
WARRANT
REGISTER:
VEHICLE
STICKER FINE
FOR LATE
PAYMENT:
PAGE SEVEN
302
8/5/02
Mr. Greg Lietzau, 2040 Miner Street, addressed the
Committee of the Whole stating that he thought this
property was supposed to be sold to the Park District;
what happened?; is some kind of inside trading going on
here?; will Miner Street be closed down for a funeral? he
doesn't want the parking in the front.
Mr. Vince Naccarato, 486 Cordial Drive, addressed the
Committee of the Whole stating that he needs to stand up
for this project; the Fourth and Eighth Wards are not in
the Des Plaines Park District so we would not benefit
from a park on this site; this project would benefit the
whole City.
Alderman Smith stated that we usually are talking about
not enough parking and now we are concerned about too
much parking; he wonders if we would be talking about
this if we had given them the 78 parking spaces.
Alderman Argus asked if Alderwoods has built any new
projects since being formed. Mr. Van Rite said yes; they
are doing over 50 projects.
Mr. Van Rite
something out
spaces.
stated that they would like
with the Staff, but they do
to work
need 111
Alderman Murphy asked who would be operating this funeral
home. Mr. Heinz said he would, but the parking is
essential because of the amount of business that they do.
Alderman Christiansen stated that this parking space
confusion with Alderman Beauvais should be investigated;
Alderwoods could cooperate with the bank for more parking
and with the Park District too; things can be worked out.
Alderman Beauvais stated that she and the Staff tried to
put this project together but with 78 parking spaces not
111 as supported by the E-mail she received; we have to
get to the bottom of this.
Moved by Brookman, seconded by Sayad, to recommend to the
City Council, re Zoning Case 02-44-CU-V, to POSTPONE
until September 16, 2002, the request for a Conditional
Use and Variation for property located at the southwest
corner of Dempster/Miner Street and Rand Road, to further
review the matter and investigate the background on the
company. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen,
Murphy, Sayad, Brookman
NAYS: 3-Becker, Smith, Argus
ABSENT: 0-None
Motion declared carried (the date was later changed to
August 19, 2002).
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the August 5, 2002 -
Warrant Register, in the total amount of $1,792,082.83;
and further recommend that Resolution R-77-02 be adopted
at appropriate time this evening. Motion declared
carried.
Alderman Sayad stated that the late penalty amount would
include the cost of a new vehicle sticker and would only
apply to automobiles, not trucks or motorcycles.
Alderman Brookman stated that this is hostel; it has not
been documented that this is a problem; she will be
voting no.
VEH. FINE
(Cont'd. )
RECAPTURE
AGREEMENT
AMENDMENTS:
SURPLUS
FUNDS/
VARIOUS
STREET
PROJECTS:
PAGE EIGHT
303
8/5/02
Alderman Beauvais stated that the City should do away
with vehicle stickers and increase the property tax.
Mr. Vince Naccrato, 486 Cordial Drive, addressed the
Committee of the Whole stating that the City should make
the fine real high -$500; it would be hostel if it is
put on the property tax.
Moved by Becker, seconded by Murphy, to recommend to the
City Council to increase the fine for anyone not
obtaining and displaying a vehicle sticker (automobiles
only) from $75 to $80, which would include the cost for
a sticker; and City Attorney be authorized to prepare
necessary ordinance. Motion declared carried. Alderman
Brookman voted no.
ENGINEERING -Alderman Christiansen, Chair
City Attorney Wiltse and Director of Engineering Oakley
reviewed the proposed changes as directed by the City
Council, which also includes some necessary housekeeping
language changes.
Alderman Brookman stated that the agreement wording needs
to be tightened and asked that a sentence in Section 4
regarding the City not being obligated to deny a permit
merely because the fee has not been paid to developer, be
removed.
City Attorney Wiltse stated that he agrees with the
request and will make that change; he will also review
the agreement one more time.
Moved by Murphy, seconded by Sayad, to recommend to the
City Council to approve the amendments to the Recapture
Agreement, as amended, and City Attorney be authorized to
prepare necessary ordinance. Motion declared carried.
Alderman Christiansen stated that surplus funds were
derived from the low bid amounts from Contract A and B
Street and Utility Improvements, Contract 1 Street
Rehabilitation and 2002 Alley & Parking Lane
Improvements, coming in substantially lower in price than
the estimate; the General Fund desperately needs this
money, but should we hold back some of this for change
orders? Director of Engineering Oakley said no, that was
not necessary.
Alderman Beauvais stated that she was not in favor of
money from one fund, funding another; if we had increased
the property tax on a regular basis, we wouldn't be in
this situation; we have alleys that need to be taken care
of.
Alderman Christiansen stated that construction trucks are
causing a lot of the damage in alleys; we should look at
re-routing truck traffic during construction; alleys are
a big problem; we have to do it properly by tearing out
the whole alley; it is costly; we have to increase the
alley fund.
Alderman Sayad stated that this money will help out our
General Fund; we won't overlook the alleys, but not now.
Alderman Becker stated that we have to put this money in
the General Fund.
Moved by Becker, seconded by Smith, to recommend to the
City Council that the surplus funds from Contract A and
B Street and Utility Improvements, Contract 1 Street
Rehabilitation and 2002 Alley & Parking Lane
Improvements, in the amount of $496,424, be deposited
into the City's General Fund. Motion declared carried.
Alderman Beauvais voted no.
ALLEY
IMPROVEMENTS:
ADOPTION OF
2000 INTERNA.
CODE COUNCIL
BUILDING
CODE:
ORDINANCE
M-46-02
VEH. LIC.
FINES FOR
PRIOR YEARS:
ORDINANCE
Z-20-02
VARIATION/
962 LEE ST:
ORDINANCE
Z-21-02
CONDIT. USE/
410 E.
N.W. HWY.:
RESOLUTION
R-75-02
PURCHASE OF
LAND/NEW FIRE
DEPT. FAC.
1900 LEE:
PAGE NINE
304
8/5/02
Moved by Beauvais, seconded by Christiansen, that Staff
be authorized to investigate prohibiting future
developers from using alleys for their construction truck
traffic until alley maintenance is dealt with
appropriately, and report back to the Committee of the
Whole. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen,
Sayad, Brookman, Smith
NAYS: 3-Murphy, Becker, Argus
ABSENT: 0-None
Motion declared carrried.
BUILDING CODE -Alderman Murphy, Chair
Alderman Murphy requested that the City's amendments to
the ICC Code Series exclude several changes regarding
detached garages, as requested by Staff.
Moved by Sayad, seconded by Becker, to recommend to the
City Council that the City adopt the 2000 International
Code Council Building Code Series and the Staff's
recommended amendments; and City Attorney be authorized
to draft necessary ordinance. Motion declared carried .
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Argus, to adopt Ordinance M-
46-02, AN ORDINANCE AMENDING TITLE 10, "TRAFFIC" CHAPTER
9, "LICENSES" TO ADD ADDITIONAL LANGUAGE. Upon roll
call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Argus
NAYS: 2-Brookman, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Christiansen, seconded by Sayad, to adopt
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). 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 Murphy, to place on First
Reading Ordinance Z-21-02, AN ORDINANCE ALLOWING FOR USED
MOTOR VEHICLE SALES IN A C-3 GENERAL COMMERCIAL ZONING
DISTRICT AT 410 E. NORTHWEST HIGHWAY, DES PLAINES,
ILLINOIS (CASE 02-41-CU). Motion declared carried.
Alderman Smith voted no. (final action on this matter
under Unfinished Business on August 19, 2002)
Motion by Alderman Brookman to DENY purchase of 1900 Lee
Street in the amount of $248,000 for new Fire Department
Facility at Prospect Avenue and Lee Street, DIED FOR LACK
OF A SECOND.
Moved by Sayad, seconded by Becker, to adopt Resolution
R-7 5-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A
SETTLEMENT AGREEMENT BETWEEN ANTONI AND JANINA
DOLEGLEWICZ, AND THE CITY OF DES PLAINES IN THE AMOUNT OF
$248,000 FOR THE PROPERTY COMMONLY KNOWN AS LOTS 1 AND 2
OF A SUBDIVISION OF 1900 LEE STREET, FOR THE PURPOSE OF
THE CITY PURCHASING SAID PROPERTY. Upon roll call, t~Af{I.
vote was: v·
1900 LEE
(Cont'd. )
BOND REVOCA./
MAPLEWOOD
(WESTFIELD)
CHASE SUBIDV.
TOUHY &
MAPLE:
ZONING CASE
02-44-CU-V
CONDIT. USE &
VARIATION/
MINER ST. &
RAND ROAD:
WARRANT
REGISTER:
Resolution
R-77-02
VEHICLE
STICKER FINE
FOR LATE
PAYMENT:
RECAPTURE
AGREEMENT
AMENDMENTS:
SURPLUS
FUNDS/
VARIOUS
STREET
PROJECTS:
PAGE TEN
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Becker, to concur with
recommendation of Committee of the Whole that the City
review the televised tapes of the lines within the
Maplewood (Westfield) Chase Subdivision, Touhy Avenue and
Maple Street; and Staff be authorized to take whatever
legal action is necessary to rectify the situation of the
defective storm sewer system and sump pump discharge
lines. 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 Murphy, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to POSTPONE
until September 16, 2002, the request for a Conditional
Use and Variation for property located at the southwest
corner of Dempster/Miner Street and Rand Road, to further
review the matter and investigate the background of the
company. Motion declared carried. Aldermen Becker,
Smith and Argus voted no. (the date was later changed to
August 19, 2002)
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-77-02, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE
AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE
HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$1,792,082.83. 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 Sayad, seconded by Becker, to concur with
recommendation of Committee of the Whole that the fine
for anyone not obtaining and displaying a vehicle sticker
(automobiles only) be increased from $75 to $80, which
would include the cost for a sticker; and City Attorney
be authorized to prepare necessary ordinance. Motion
declared carried. Alderman Brookman voted no.
Moved by Christiansen, seconded by Murphy, to concur with
recommendation of the Committee of the Whole to approve
the amendments to the Recapture Agreement, as amended;
and City Attorney be authorized to prepare necessary
ordinance. Motion declared carried.
Moved by Christiansen, seconded by Becker, to concur with
recommendation of Committee of the Whole that the surplus
funds from Contract A and B Street and Utility
Improvements, Contract 1 Street Rehabilitation and 2002
Alley & Parking Lane Improvements, in the amount of
$496, 424, be deposited into the City's General Fund.
Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 1-Beauvais
ABSENT: 0-None
Motion declared carried.
ADOPTION OF
2000 INTERNA.
CODE COUNCIL
BUILDING
CODE:
ORDINANCE
M-48-02
LIC. AGREE./
373 LAWN
LANE:
ADJOURNMENT:
PAGE ELEVEN
306
8/5/02
Moved by Murphy, seconded by Sayad, to concur with
recommendation of Committee of the Whole that the City
adopt the 2000 International Code Council Building Code
Series and the Staff's recommended amendments; and City
Attorney be authorized to draft necessary ordinance.
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 Sayad, seconded by Smith, to advance to Second
Reading and adopt Ordinance M-48-02, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH PROPERTY OWNER RONALD C. GIBSON, FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM I N
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 373 LAWN LANE , DE S
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 Becker, seconded by Say ad, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:17 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS d(
DAY OF