Loading...
08-19-2002001 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 19, 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, August 19, 2002. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Aldermen Beauvais was absent. 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, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PENDING LITIGATION/ MWRD VS. CITY: PENDING LITIGATION/ TAX RATE OBJECTIONS, 1997 & 1998: ACQUIS. OF PROP./SETTING PRICE OR LEASE/TIF #1, GRACELAND & N.W. HWY.: SUSPEND THE RULES: Moved by Brookman, seconded by Becker, Exe cu ti ve Session to discuss acquisition of and setting of price for sale-lease, litigation. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:00 p.m. to go into real property and pending Roll call indicated Christiansen, Murphy, Argus. the following aldermen present: Sayad, Brookman, Becker, Smith, The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Moved by Smith, seconded by Brookman, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding the MWRD vs. City (Case 02 CH 1417) law suit. Motion declared carried. Moved by Smith, seconded by Murphy, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding Tax Rate Objections for 1997 and 1998. Motion declared carried. 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, Graceland Avenue and Northwest Highway, in TIF #1. Motion declared carried. Moved by Becker, seconded by Argus, to suspend the rules to move the Public Hearing regarding the Annexation Agreement for 141-161 North East River Road scheduled to be held under Cornrni ttee of the Whole later in the evening, to this point of the meeting. Motion declared carried. PUBLIC HEARING/ ANNEXATION, 141-161 NORTH E. RIVER: CALL TO ORDER: DISCUSSION: PAGE TWO 002 8/19/02 MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES PLAINES CIVIC CENTER, MONDAY, AUGUST 19, 2002 Mayor Arredia called the Public Hearing to order at 7:02 p.rn. The Public Hearing was being held pursuant to legal notice to consider and hear testimony as to an ordinance authorizing the execution of an annexation agreement in regard to the annexation to the City of Des Plaines of a tract of property comprising approximately three ( 3) acres of land located on East River Road, north of Golf Road. A trustee of the North Maine Fire Protection District addressed the City Council and spoke in opposition of this annexation; this will greatly impact their tax base. Mr. Jason Schram, 480 N. East River Road, addressed the City Council stating that his neighbors are very concerned about the domino-effect this type of development will cause in their area; if the City had a plan it might be different, but the City has no plan when it comes to East River Road; we love this area; we want it preserved. A resident at 337 N. East River Road addressed the City Council stating that he came here to praise Aldermen Becker for changing his vote last time, unfortunately, it was too late; this annexation is not right; save our life style; this project doesn't belong there. A resident at 210 N. East River Road addressed the City Council stating that she lives in a special area; she grew up there; this should stay the way it is; it is so unique; she hopes the aldermen will listen to the residents. A resident at 514 Teela Lane addressed the City Council stating that it seems like the residents have to keep corning to these meetings; we love the neighborhood; it is a single-family area; we want to keep it the way it is; this project will change the entire neighborhood. Mr. Eugene Moiescu, owner of the property at 141-161 N. East River Road, addressed the City Council stating that most of his neighbors want to be annexed to Des Plaines; he has petitions from the neighbors that surround him (he presented them to the City Clerk) and showed a map of his neighbors who want to annex to the City under R- 3; the people who are against this live on the other side of the railroad tracks, not near this site. Mrs. Alice Beyer, 527 Westrnere Road, addressed the City Council stating that she owns property on N. East River Road; she has been waiting for almost 40 years for water on this property and with this project, she can get water; the people at the end of the street seem to want to deny me the right to sell my property; she is for this project; the water is very necessary. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that he knows this area very well; condos and duplexes have changed the look of this City; they were put together fast just to make money; this is why we are flooding; next they will want to go to C-2. Mr. Jim Nelson, 160 N. East River Road, addressed the City Council stating that he has lived there for 35 years; he feels that he is being forced into a situation where his home will be surrounded by townhornes; he is completely opposed to townhornes in this area; please stop it. N. EAST RIVER (Cont'd. ) PAGE THREE 003 8/19/02 A resident at 481 N. East River Road addressed the City Council stating that he moved there 15 years ago for the rural atmosphere; it is a jewel piece of property; this project is hard to fight because they are offering so much money; he is not against annexation, just the over development of this area; you could build luxury homes on this property; think about this. A resident at 350 N. East River Road addressed the City Council stating that he has been to these meetings before; he is firmly against the annexation of this property; he would like to be left alone. A resident at 180 N. East River Road addressed the City Council stating that he is all for this project; he moved here 40 years ago; it is our investment for retirement. A resident at 330 N. East River Road addressed the City Council stating that he likes the large lots; he likes the forest; he is not looking forward to townhomes in this area; nothing will replace the natural beauty of this area; it will change the neighborhood dramatically . The president of the North Maine Fire Protection District addressed the City Council stating that his organization is against this annexation; 95% of their funds come from property tax; it could jeopardize the safety of the residents. Mr. Jack Cavalenes, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council stating that as a citizen of Des Plaines he is ashamed of us; we are playing to greed and fear; this is a beautiful green area; we can preserve this area; you can work with these people about annexation; let them have one (1) acre lots; we should give it a try. A resident at 310 N. East River Road addressed the City Council stating that there is no plan for this area; this area was defined for single-family homes in the City's Comprehensive Plan; you will pave over the nice green area; it will decrease our property values. A resident at 476 N. East River Road addressed the City Council stating that she owns three (3) horses on 1-1/2 acres; she looked for a long time for this property; she has lived here 14 years; she sympathizes with the elderly people who want to sell for their retirement money, but if you ruin this area, you ruin it for good; we are being sold down the river. Mr. Jason Schram, 480 N. East River Road, addressed the City Council again and read from the State Statutes regarding annexation; it should conform with the development of the surrounding properties; the City's Comprehensive Plan calls for this area to be single- f amily; you are allowing the people who are leaving North East River Road to decide who will be on North East River Road. A resident of 477 N. East River Road addressed the City Council stating that you have heard the people; you do not have the consent of the governed; this is a hostel take over; you are trashing the neighborhood; it has never been voted on by the people who live there; this is not a good idea. A gentleman who is working with Mr. Moiescu on this project stated that the people who want to annex are looking for a high level of services. A resident at 337 N. East River Road addressed the City Council stating that the neighbors who want this have let their property run down and now they want to sell; they didn't keep up their property or else they woulNw,. have sold before. \J' N. EAST RIVER (Cont'd. ) PRESENTATION: RECOGNITIONS: CITIZEN PARTICIPA. : ANNEXATION/ 141-161 NORTH EAST RIVER: CONSENT AGENDA: MINUTES: Consent Agenda PAGE FOUR 004 8/19/02 A resident at 514 Teela Lane addressed the City Council asking the aldermen to please consider a plan for this whole area; you have a real unique opportunity for luxury dwellings; this project is not going to speak well of the City. The Public Hearing was adjourned at 8:06 p.m. The City Council was reconvened at 8:07 p.m. Mayor Arredia introduced State Representative Rosemary Mulligan (55th), who briefly reviewed the community projects she has secured for Des Plaines; in 2002 she will be securing $300,000 for the new Police Facility and $90,000 for vehicle exhaust removal system for the Fire Department. Mayor Arredia recognized Cheryl Buckley, Executive Director of the Lattof YMCA, who will be retiring on August 30, 2002. Mayor Arredia then introduced Linda Dean, the interim executive director. Police Chief Ryan and Patrol Officer Tara Baggott recognized Police Explorers Chris Dempsey and Chris Baptist; Chris Dempsey finished in first place and Chris Baptist finished in third place in the bike policing event at the National Law Enforcement Exploring Conference at Northern Arizona University, Flagstaff, Arizona, in July, 2002. Mr. Carmen Sarlo, 3051 Scott Street, addressed the City Council stating that he won't be at the Special Meeting of the City Council tomorrow night but he wanted the aldermen to know how he feels about gambling; you wouldn't be so willing to vote for this if it was going to be in your Ward; think carefully; it had better not be next to the residents in the Sixth Ward; we should have supported SOC more. Moved by Becker, seconded by Brookman, to TABLE the matter of the Annexation Agreement (R-84-02) and Annexation (A-2-01) of 141-161 North East River Road, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Moved by Sayad, Consent Agenda. seconded by Murphy, to Motion declared carried. establish a Moved by Smith, seconded by Argus, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-47-02 and M-49-02 were adopted; Ordinances M-50-02, M- 51-02, M-52-02, M-53-02, M-54-02, T-4-02, T-5-02 and Z- 22-02 were placed on First Reading; and Resolutions R- 81-02 and R-82-02 were adopted. Moved by Smith, seconded by Argus, to approve minutes of the regular meeting of the City Council held August 5, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to approve minutes of the Executive Session of the City Council held August 5, 2002. Motion declared carried as approved unanimously under Consent Agenda. LICENSE AGREEMENT/ 263 PINEHURST: Consent Agenda Ordinance M-50-02 RESCINDING ORDINANCE M-34-02/ MUN. UTILITY TAX: Consent Agenda Ordinance M-51-02 IMPLEMENT MUNICIPAL GAS USE TAX: Consent Agenda Ordinance M-52-02 PARKING RESTRICTION/ HOFFMAN PARKWAY: Consent Agenda Ordinance T-4-02 TRAFFIC RESTRICTON/ BEAU COURT: Consent Agenda Ordinance T-5-02 ZONING CASE 02-46-V VARIATION/ 1944 FARGO: Consent Agenda Ordinance Z-22-02 PAGE FIVE 005 8/19/02 Moved by Smith, seconded by Argus, to concur with Staff recommendation to grant request to permit construction of a 15'-wide brick paver driveway apron in the City- owned right-of-way adjacent to property located at 263 Pinehurst Drive; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-50-0_2, 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 ELIZABETH FIGUEROA, 263 PINEHURST DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with Staff recommendation to rescind Ordinance M-34-02, effective September 1, 2002, which was adopted by the City Council on June 17, 2002, deleting Section 5-40-2 "Gross Receipts Tax Imposed; Amount" of the City Code re Municipal Utility Tax, and RE-ENACT a Gross Receipts Tax in its entirety; and further recommend to place on First Reading Ordinance M-51-02, AN ORDINANCE RESCINDING CITY OF DES PLAINES MUNICIPAL ORDINANCE M-34-02 IN ITS ENTIRETY, EFFECTIVE SEPTEMBER 1, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with Staff recommendation to amend Title V -"Business Regulations" of the City Code to ADD a new Chapter 59 -"Municipal Gas Use Tax" that assures residents that pay the 3% utility tax, that they would NOT pay the natural gas use tax; and further recommend to place on First Reading Ordinance M-52-02, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS" TO ADD A NEW CHAPTER 59, "MUNICIPAL GAS USE TAX," TO THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with recommendation of Staff Traffic Advisory Committee to amend Title X, Chapter 5, Section 10-5-17 -"Parking Prohibited in Designated Places" of the City Code to prohibit parking on Hoffman Parkway, west of Alfini Drive; and further recommend to place on First Reading Ordinance T-4-02, 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 Smith, seconded by Argus, to concur with recommendation of Staff Traffic Advisory Committee to amend Title X, Chapter 7, Section 10-7-3 "Stop Streets" of the City Code to add a new stop sign at the eastbound lane of Beau Court at Beau Drive; and further recommend to place on First Reading Ordinance T-5-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 7, "THROUGH AND STOP STREETS" SECTION 3 "STOP STREETS" TO ADD A NEW STOP AT THE EASTBOUND LANE OF BEAU COURT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 02-46-V, to grant request for a Variation to permit construction of a 6' solid fence in the secondary front yard, instead of the permitted 4', 50% open fence, in R-1 Single-Family Residential District on property located at 1944 Fargo Avenue; and further recommend to place on First Reading Ordinance Z-22-02, 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 SIX FOOT, 100% SOLID FENCE, Z-22-02 (Cont'd. ) VEHICLE ENFORCEMENT AGREEMENT/ 2340 RIVER: Consent Agenda Resolution R-81-02 VEHICLE ENFORCEMENT AGREEMENT/ 2700 RIVER: Consent Agenda Resolution R-82-02 PARKING PAD VARIATION/ 389 DOVER: Consent Agenda PURCHASE OF VEHICLE/ POLICE DEPT. : Consent Agenda PURCHASE/ INTERNET MAPPING SOFTWARE: Consent Agenda BID AWARD/ ASBESTOS REMOVAL, FIRE STA. #3: Consent Agenda PAGE SIX 006 8/19/02 INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1944 FARGO AVENUE, DES PLAINES, ILLINOIS (CASE 02-46-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Enforcement of Municipal Ordinances on Private Property Agreement with Continental Offices, Ltd., for police, traffic and parking enforcement on property located at 2340 S. River Road (Continental Office Plaza); and further recommend to adopt Resolution R-81-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES VI "POLICE REGULATIONS" AND X "TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND CONTINENTAL OFFICES, LTD. FOR PROPERTY LOCATED AT 2340 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Enforcement of Municipal Ordinances on Private Property Agreement with Continental Offices, Ltd., for police, traffic and parking enforcement on property located at 2700 S. River Road; and further recommend to adopt Resolution R-82-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES VI "POLICE REGULATIONS" AND X "TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND CONTINENTAL OFFICES, LTD. FOR PROPERTY LOCATED AT 2700 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, 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 9.5' x 19' parking pad in the front yard of property located at 38 9 Dover Lane. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with Staff recommendation to accept proposal from Lyle Snow Landmark Ford, 2401 Prairie Crossing Drive, Springfield, IL 62707, for the purchase of One (1) 2002 Ford Windstar Minivan for the Detective Division and it would be in the best interest of the City that usual bid procedures be waived since this was the lowest proposal received and Landmark Ford has the State bid for this vehicle; in the amount of $22,638/Custom Asset Seizure Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with Staff recommendation to accept proposal from Environmental Systems Research Institute, Inc., 1305 Corporate Center Drive, Suite 250, St. Paul, MN 55121, for the purchase of Internet Mapping Software, in the amount of $7,511.95/2002 Budget, for the City's Internet website to provide easy access for City employees to City maps and data; and usual bid procedures be waived because ERSI is the sole source vendor. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with Staff recommendation to award bid for Removal of Asbestos at Fire Station #3, 130 E. Thacker Street, to the lowest bidder to meet specifications, Kinsale Contracting Group, Inc., 1800 Elmhurst Road, Elk Grove Village, IL 60007, in the total bid amount of $14, 700/2002 Budget. Motion declared carried as approved unanimously under Consen(\~ Agenda. vi' ADVERTS ING FOR BIDS: Consent Agenda ORDINANCE M-53-02 ADOPT 2000 EDITION, ICC BUILD. CODE: Consent Agenda ORDINANCE M-54-02 AMENDMENTS/ RECAPTURE AGREE . ORD . : Consent Agenda ORDINANCE M-47-02 LIQ. LIC. UPDATE/ VARIOUS LOCATIONS: Consent Agenda ORDINANCE M-49-02 LIC. AGREE./ 707 MEADOW DRIVE: Consent Agenda ORDINANCE M-51-02 RESCINDING ORDINANCE M-34-02 MUN. UTILITY TAX: ORDINANCE M-52-02 IMPLEMENT MUNICIPAL GAS USE TAX: UU/ 8/19/02 PAGE SEVEN Moved by Smith, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids to Furnish and Deliver Sodium Chloride, returnable by 3:00 p.m., Wednesday, September 4, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Replacement of Salt Storage Building at the Public Works Facility, 1111 Joseph J. Schwab Road, returnable by 3:00 p.m., Wednesday, September 4, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to place on First Reading Ordinance M-53-02, AN ORDINANCE ADOPTING THE NEW BUILDING CODE AT TITLE IV, "BUILDING REGULATIONS" CHAPTER 7, "BUILDING CODE" AND ADOPTING THE NEW INTERNATIONAL PROPERTY MAINTENANCE CODE AT TITLE VIII, "HEALTH AND SANITATION" CHAPTER 9 "PROPERTY MAINTENANCE AND OCCUPANCY" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to place on First Reading Ordinance M-54-02, AN ORDINANCE AMENDING TITLE IX, "PUBLIC WAYS AND PROPERTY REGULATIONS" CHAPTER 15 "SEWER AND WATER MAIN RECAPTURE AGREEMENTS" SECTIONS 1 AND 2, TO ADD NEW LANGUAGE TO THE CITY CODE OF THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Argus, to adopt 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 Smith, seconded by Argus, to adopt Ordinance M- 49-02, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT- OF-WAY LICENSE AGREEMENT WITH PROPERTY OWNER KOSTAS BUBARIS, FOR THE 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 Murphy, to advance to Second Reading and adopt Ordinance M-51-02, AN ORDINANCE RESCINDING CITY OF DES PLAINES MUNICIPAL ORDINANCE M-34- 02 IN ITS ENTIRETY, EFFECTIVE SEPTEMBER 1, 2002. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Sayad, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-52-02, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS" TO ADD A NEW CHAPTER 59, "MUNICIPAL GAS USE TAX," TO THE CITY CODE OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. ORDINANCE M-53-02 ADOPT 2000 EDITION, ICC BUILD. CODE: ORDINANCE M-54-02 AMENDMENTS/ RECAPTURE AGREE . ORD . : ORDINANCE T-4-02 PARKING RESTRICTION/ HOFFMAN PARKWAY: ORDINANCE T-5-02 TRAFFIC RESTRICTION/ BEAU COURT: ORDINANCE Z-22-02 VARIATION/ 1944 FARGO: REAPPOINT . : PAGE EIGHT 008 8/19/02 Moved by Murphy, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-53-02, AN ORDINANCE ADOPTING THE NEW BUILDING CODE AT TITLE IV, "BUILDING REGULATIONS" CHAPTER 7, "BUILDING CODE" AND ADOPTING THE NEW INTERNATIONAL PROPERTY MAINTENANCE CODE AT TITLE VIII, "HEALTH AND SANITATION" CHAPTER 9 "PROPERTY MAINTENANCE AND OCCUPANCY" OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Christiansen, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-54-02, AN ORDINANCE AMENDING TITLE IX, "PUBLIC WAYS AND PROPERTY REGULATIONS" CHAPTER 15 "SEWER AND WATER MAIN RECAPTURE AGREEMENTS" SECTIONS 1 AND 2, TO ADD NEW LANGUAGE TO THE CITY CODE OF THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Murphy, seconded by Sayad, to advance to Second Reading and adopt Ordinance T-4-02, 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. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Sayad, seconded by Murphy, to advance to Second Reading and adopt Ordinance T-5-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 7, "THROUGH AND STOP STREETS" SECTION 3 "STOP STREETS" TO ADD A NEW STOP AT THE EASTBOUND LANE OF BEAU COURT. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-22-02, 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 SIX FOOT, 100% SOLID FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1944 FARGO AVENUE, DES PLAINES, ILLINOIS (CASE 02-46-V). Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Presented for consideration (no action required) were the following reappointments: ARCHITECTURAL COMMISSION Paul Lippold, Bill Muehlenbeck CIVIL SERVICE COMMISSION -Frank Stryczek CONSUMER PROTECTION COMMISSION Michael Lake, Marilyn O'Brien KEEP DES PLAINES BEAUTIFUL COMMISSION -Joan Chiropolos LIBRARY BOARD -Noreen Lake SPECIAL EVENTS COMMISSION Sandra Anderson, Thomas Stettner (final action on this matter under Consent Agenda or.nvl September 16, 2002) ~r WARRANT REGISTER: ORDINANCE Z-19-02 VARIATION/ 1700 N. MT. PROSPECT: ORDINANCE Z-21-02 CONDIT. USE/ 410 E. N.W. HIGHWAY: ORDINANCE M-55-02 VEHICLE STICKER FINE RE LATE PAYMENT: ZONING CASE 02-44-CU-V CONDIT. USE & VARIATION/ MINER ST. & RAND ROAD: PAGE NINE 009 8/19/02 MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the August 19, 2002 - Warrant Register, in the total amount of $4,639,055.30; and further recommend that Resolution R-83-02 be adopted at appropriate time this evening. 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 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). Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Becker, seconded by Argus, to adopt 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). Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 1-Smith ABSENT: 1-Beauvais Motion declared carried. Moved by Sayad, seconded by Argus, to place on First Reading Ordinance M-55-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 9, "LICENSES" SECTION 6, "PLACEMENT AND DISPLAY OF CITY VEHICLE LICENSE STICKER OR VEHICLE LICENSE PLATE" OF THE CITY CODE OF DES PLAINES. Motion declared carried. Alderman Brookman voted no; she stated that this fine is hostel and excessive. Moved by Sayad, seconded by Argus, to RECONSIDER MOTION MADE ON AUGUST 5, 2002 to postpone until September 16, 2002, request re Zoning Case 02-44-CU-V for a Conditional Use and Variation for property located at the southwest corner of Dempster/Miner Street and Rand Road, for further review of the matter and investigation of the background of the company. Motion declared carried. Moved by Becker, seconded by Argus, to adopt a substitute motion to postpone until September 3, 2002, request re Zoning Case 02-44-CU-V for a Conditional Use and Variation for property located at southwest corner of Dempster /Miner Street and Rand Road. Motion declared carried. WARRANT REGISTER: Resolution R-83-02 AJOURNMENT: PAGE TEN 010 8/19/02 Moved by Sayad, seconded by Becker, to concur with recommendation of Committee of the Whole to adopt Resolution R-83-02, 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: $4,639,055.30. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Christiansen, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:00 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS b 2002 Antho y W. Arredia, MAYOR