09-16-2002J-36-011
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, SEPTEMBER 16, 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, September 16, 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 6:25 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, Director of Emergency
Communications Ornberg, Assistant City Attorney Bartel and City Attorney
Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
PRESENTATION:
COLLECTIVE
BARGAINING/
FIRE COMMAND
OFF. ASSOC. :
Moved by Argus, seconded by Murphy, to go into Executive
Session to discuss collective bargaining, and acquisition
of real property and setting of price for sale-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 6:16 p.m.
The City Council reconvened at 7:05 p.m.
Roll call
Beauvais,
Argus.
indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith,
The opening prayer was given by Pastor George Schelter,
Trinity Lutheran Church, followed by the Pledge of
Allegiance.
Police Chief Ryan recognized the efforts of resident Jim
Grady whose quick action prevented an elderly couple
from being victimized in their home by residential
burglars; the Des Plaines Police Department's Citizen
Award was presented to Mr. Grady.
Mayor Arredia introduced Carol Spizzirri, founder and
president of the Save A Life Foundation, Inc., 9950 W.
Lawrence Avenue, Suite 300, Schiller Park, IL 60176,
whose instructors have trained more than 400,000
Illinois school children in Life Supporting First Aid,
Heimlich Maneuver and CPR; she encouraged everyone to
become involved in this worthwhile program.
Moved by Beauvais, seconded by Christiansen, to concur
with majority agreement in Executive Session that Staff
be authorized to proceed with negotiations with the Des
Plaines Fire Command Officers Association, as directed.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
COLL. BARG.
(Cont'd.)
ACQUIS. OF
PROP./SETTING
PRICE OR
LEASE/1538
PARK PLACE:
ACQUISITION
OF PROPERTY/
TUCKER-FREED
REDEV. AGREE:
CITIZEN
PARTICIPA. :
J-36-~}! 6/02
PAGE TWO
Aldermen Sayad and Becker stated that while they voted
yes, they would like more information on some of the
matters discussed in Executive Session.
Moved by Becker, seconded by Christiansen, to concur
with consensus in Executive Session that Staff be
authorized to finalize the purchase of 1538 Park Place
in the amount of $193, 500 with Kathy Reyes for the
downtown redevelopment area, TIF #1. Upon roll call,
the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding a redevelopment
agreement for the downtown TIF #1 with Tucker
Development Corporation and Joseph Freed and Associates,
LLC, and report back to the City Council on October 21,
2002. Motion declared carried.
Mr. Gary Danfield, 655 River Road, addressed the City
Council stating his concern about the condition of the
bridge on Northwest Highway; they are only going to
clean it up, not repair it; we should look at what they
are doing.
Mr. Dick Arthur, president of the Association of Retired
Employees of the City of Des Plaines, addressed the City
Council stating his concern about the City's Medicare
supplement; they have asked the City to take a look at
putting retirees in a pool; the rates are getting very
expensive for those on Medicare; why are the rates sky
rocketing for retirees?; please take a long look at
this.
Ms. Linda Laffey, vice president of the Association of
Retired Employees of the City of Des Plaines, addressed
the City Council stating that they have been protesting
the inequity of the Medicare supplement for a long time;
they believe this is designed to force out seniors from
the program.
Alderman Beauvais stated that this matter will be placed
on a future City Council agenda.
A representative from Oehler Funeral Home, 555 Lee
Street, presented a large bronze plaque of "Ground Zero"
to the City's Fire De?artment in commemoration of
September 11, 2001.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council stating that he has been hearing about the
flooding; what is the City going to do about it?; it is
not just in one area, it is all over; we should not
allow building on 50' lots; this is not right; he
doesn't think the facade money is being used right; the
City should have a printed list of what permits cost;
why can't they enclose the bridge over Northwest
Highway?
Mr Bob Hinde, 381 Oxford Road, addressed the City
Council to thank the Public Works Department for picking
up a dead skunk that was reported to them.
Mr. Steven Antonoff, 1555 Whitcomb Avenue, addressed the
City Council stating his concern that the sidewalks at
Center and Thacker do not line up with each other; this
is very dangerous (he is blind); something should be
done about this.
Alderman Christiansen stated that the
Department will look into this matter. Engineer inf;/'
HEALTH
INSURANCE/
RETIRED CITY
EMPLOYEES:
TELEVISING
OF SEWER
PROJECTS:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
LICENSE
AGREEMENT/
733 CAVAN:
Consent
Agenda
Ordinance
M-60-02
SALE OF CITY
PROPERTY/
NWMC AUCTION:
Consent
Agenda
Ordinance
M-61-02
PAGE THREE
J-36-013
9/16/0 2
Moved by Sayad, seconded by Becker, to place the matter
of health insurance rates for retired City employees f or
discussion under Committee of the Whole on November 4,
2002. Motion declared carried.
Moved by Sayad, seconded by Argus, that all sewer
projects be televised again after completion either by
the contractors or the Public Works Department.
Moved by Beauvais, seconded by Smith, to adopt a
SUBSTITUTE motion that the televising of all sewer
projects after completion be held for discussion during
the Capital Improvement Program hearings. Motion
declared carried. Aldermen Sayad, Becker and Argus
voted no; Aldermen Beauvais, Christiansen, Murphy and
Smith voted yes.
Alderman Beauvais requested that Item 12 be removed from
the Consent Agenda.
Moved by Becker, seconded by Beauvais, to establish a
Consent Agenda except for Item 12. Motion declared
carried.
Moved by Sayad, seconded by Becker, to approve t he
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinance M-
58-02, T-6-02, T-7-02 and Z-23-02 was adopted;
Ordinances M-60-02 and M-61-02 were placed on First
Reading; and Resolutions R-90-02, R-91-02 and R-92-02
were adopted.
Moved by Sayad, seconded by Becker, to approve minutes
of the regular meeting of the City Council held
September 3, 2002, as published. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Becker, to approve minutes
of the Executive Session of the City Council held
September 3, 2002. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to grant request to permit installation
of a 14' x 18'-wide brick paver driveway apron in the
City-owned right-of-way adjacent to property located at
733 S. Cavan Lane; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-60-02 ,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT FOR BRICK PAVING OF A DRI VEWAY
APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNER GARY W.
HERBST, 733 S. CAVAN LANE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to authorize to sell by auction at the
annual Northwest Municipal Conference Surplus Auction to
be held Saturday, October 19, 2002, 11:00 a.m., Mt.
Prospect Public Works Facility, 1700 W. Central Ro ad,
Mt. Prospect, surplus City vehicles that are deemed no
longer necessary or useful to or for the best interest
of the City; and further recommend to place on First
Reading Ordinance M-61-02, AN ORDINANCE AUTHORIZING THE
SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE
CITY OF DES PLAINES. Motion declared carried as
approved unanimously under Consent Agenda.
FACADE REHAB.
FUNDS/1575
ELLINWOOD:
Consent
Agenda
Resolution
R-90-02
INTERGOVERN.
AGREEMENT/
DISTRICT 59
RECIPROCAL
REPORTING:
Consent
Agenda
Resolution
R-91-02
AMEND. BUS.
DEV. AGREE./
1533 D.P.-
RIVER ROAD:
Consent
Agenda
Resolution
R-92-02
USE OF CITY
PROPERTY/
OPTIMIST
CLUB OF
DES PLAINES:
Consent
Agenda
DRIVEWAY-
PARKING PAD
VARIATION/
2726 JOSEPH:
Consent
Agenda
PATIO
VARIATION/
401
DARA JAMES:
Consent
Agenda
PAGE FOUR
J-36-014
9/16/02
Moved by Sayad, seconded by Becker, to concur with Des
Plaines Economic Development Commission to authorize
payment of $ 7, 500 /2 0 02 Facade Rehabilitation Program
Funds, to Oliveti's Italian Ristorante, 1575 Ellinwood
Street, as the City's contribution for new front facade
windows, balcony overlays and other exterior brick and
masonry work; and further recommend to adopt Resolution
R-90-02, A RESOLUTION AUTHORIZING THE PAYMENT OF AN
AMOUNT NOT-TO-EXCEED $7,500.00 TO TONY FERRAZZUOLO AS
OWNER OF OLIVETI'S ITALIAN RISTORANTE, LOCATED AT 1575
ELLINWOOD STREET, DES PLAINES, ILLINOIS AS THE CITY'S
CONTRIBUTION OF THE REHABILITATION OF THE BUILDING
FACADE. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation that Police Chief be authorized to
execute Intergovernmental Agreement with School District
59, 2123 S. Arlington Heights Road, Arlington Heights,
IL 60005, for reciprocal reporting and cooperation
regarding specific criminal offenses committed by
students; and further recommend to adopt Resolution R-
91-02, A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES
PLAINES POLICE DEPARTMENT AND SCHOOL DISTRICT 59,
"GUIDELINES FOR RECIPROCAL REPORTING AND COOPERATION."
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to amend Business Development Agreement
with Mize Import Group, Inc. and Ridge Motors, Inc.,
a/k/a O'Hare Auto Group, 1533 Des Plaines-River Road
(approved by the City Council on June 3, 2002
Resolution R-66-02), Section 5 (A) to delete " .. on the
first day of the month after the execution of this
Agreement .. " and replace it with "January 1, 2002"
regarding certain permit fee waivers and sales tax
rebates; all other terms and conditions contained in the
agreement approved under Resolution R-66-02 remain
unchanged; and further recommend to adopt Resolution R-
92-02, A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AMENDED BUSINESS DEVELOPMENT AGREEMENT BETWEEN MIZE
IMPORT GROUP, INC. AND RIDGE MOTORS, INC., AND THE CITY
OF DES PLAINES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to grant request from Optimist Club of Des
Plaines to place a trailer on City's Parking Lot #5 on
November 1, 2 002, at River Road and Perry Street, for
their annual Christmas Tree Sales Project, November 23
to December 31, 2 002; insurance and clean-up to be
provided by Optimist Club of Des Plaines; and all City
fees be waived -ANNUAL REQUEST. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Becker, 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 widening of driveway from 11.54' to
16. 5' at the property line to create a combination
driveway and parking pad in front of existing garage;
contingent upon petitioner paying a double permit fee
($150) for building without a permit, on property located
at 2726 Joseph Avenue. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to grant request for Variation to Section
4-7-9 of the Building Code Amendments for property
located at 401 Dara James Road to permit construction of
a 50' x 20' patio in the rear yard that would extend 20'
from the building foundation (Code prohibits patios from
DARA JAMES
(Cont'd.)
PURCHASE
OF SALT:
Consent
Agenda
EXPANSION/
9-1-1 CENTER
SECOND FLOOR:
ADVERTISING
FOR BIDS:
Consent
Agenda
REAPPOINT-
MENTS:
Consent
Agenda
ORDINANCE
M-58-02
RESCIND
M-44-99/
REV. SHARING:
Consent
Agenda
ORDINANCE
T-6-02
AMEND. RE
TIME/RAILROAD
ORDINANCE:
Consent
Agenda
ORDINANCE
T-7-02
DELETE SEC.
10-6-20 RE
RAILROADS:
Consent
Agenda
ORDINANCE
Z-23-02
COND. USE/
570-584
OAKTON:
Consent
Agenda
PAGE FIVE
J-36-015
9/16/02
extending more than 15' from the building foundation).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to award bid to Furnish and Deliver Sodium
Chloride (Rock Salt) to the lowest bidder, Morton Salt,
123 N. Wacker Drive, Chicago, IL 60606, for the Year 1
amount of $28.43 per ton and the Year 2 amount of $28.93
per ton/Motor Fuel Tax Fund. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Christiansen, to reject
all bids received on August 21, 2002 from the pre-
qualified contractors for the interior expansion of
Emergency Communications Center on the Second Floor of
City Hall (made necessary by the inclusion of the
Villages of Niles and Morton Grove into City's 9-1-1
emergency communication system); that it would be in the
best interest of the City to waive the usual bid
procedure, and accept proposal from J. S. Adams Company,
1250 Golf Road, Des Plaines, to perform this work in the
total amount of $169,660, to be funded entirely by Niles
and Morton Grove. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for 2002 Rear Yard Sewer and Drainage
Improvements, returnable by 3:00 p.m., Thursday, October
3, 2002. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Becker, to approve Mayoral
reappointments as follows:
YOUTH COMMISSION
Eric Suevel, term to expire December 1, 2003
CONSUMER PROTECTION COMMISSION
Carlos Rojas, term to expire August 30, 2004
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Becker, to adopt Ordinance M-
58-02, AN ORDINANCE RESCINDING CITY OF DES PLAINES
MUNICIPAL ORDINANCE M-44-99 IN ITS ENTIRETY (having to do
with revenue sharing with Calumet City). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Becker, to adopt Ordinance T-
6-02, AN ORDINANCE AMENDING TITLE IX, "PUBLIC WAYS AND
PROPERTY REGULATIONS; DEALING WITH SUBDIVISIONS;
DEDICATIONS AND FLOOD PLAINS," CHAPTER 8, "RAILROADS"
SECTION 3, "STREET CROSSINGS" OF THE CITY OF DES PLAINES
CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Becker, to adopt Ordinance T-
7-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC," CHAPTER
6, "MISCELLANEOUS DRIVING RULES" SECTION 20, "TRAINS NOT
TO BLOCK STREETS" OF THE CITY OF DES PLAINES CITY CODE TO
DELETE SAID SECTION IN ITS ENTIRETY. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Becker, to adopt Ordinance Z-
23-02, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 7. 3-6 (C) OF THE CITY OF DES
PLAINES ZONING ORDINANCE TO ALLOW A CLASS B RESTAURANT AT
570-584 OAKTON STREET, DES PLAINES, ILLINOIS (CASE 02-52-
CU). Motion declared carried as approved unanimousl~l~
under Consent Agenda. ~·
ORDINANCE
M-60-02
LIC. AGREE./
733 CAVAN:
ORDINANCE
M-61-02
SALE OF CITY
PROP./NWMC
AUCTION:
ZONING CASE
02-51-V
VARIATION/
10 S. D.P.-
RIVER RD.:
ZONING CASE
01-55-PUD
FINAL PUD
APPROVAL/
170 N. EAST
RIVER ROAD:
PAGE SIX
J-36-016
9/16/02
Moved by Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-60-02, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE
PUBLIC RIGHT-OF-WAY WITH OWNER GARY W. HERBST, 733 S.
CAVAN LANE, DES PLAINES, ILLINOIS. Upon roll call, the
vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Moved by Argus, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-61-02, AN ORDINANCE
AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL
PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll
call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
COMMUNITY DEVELOPMENT Alderman Becker, Chair
Director of Community Development Schneider reviewed his
memo of August 20, 2002, regarding request to permit
construction of an auto and truck repair facility on
property located at 10 S. Des Plaines-River Road, with a
front yard setback of 10', a front yard setback alo ng
Redeker Road of 31.67', a side yard set back of 5', and
a rear yard setback of 44'; both the Des Plaines Zoning
Board of Appeals and Staff recommended in favor of this
request with conditions.
Petitioner Peter Damiano was introduced and answe r ed
questions of the aldermen.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that this area has needed
improvement for a long time, but go back and make sure
everything is done right.
Moved by Sayad, seconded by Becker, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, re Zoning Case 02-51-V, to grant request to permit
construction of an auto and truck repair facility with a
front yard setback (along Des Plaines-River Road) of 10';
a front yard setback (along Redeker Road) of 31. 67',
instead of the required 60'; a side yard setback of 5'
and a rear yard setback of 44', instead of the required
60'; on property located at 10 S. Des Plaines-River Ro ad
in M-1 Limited Manufacturing District; and City Attorney
be authorized to draft necessary ordinance. Motion
declared carried.
City Attorney Wiltse reviewed the appeal that was filed
by Brad Gosnell, 310 N. East River Road; this appeal was
not filed properly; he doesn't believe it has standing;
the City Council has acted properly in this case; the
preliminary approval of the PUD at 170 N. East River Road
was approved by the City Council on January 21, 2002.
Alderman Beauvais stated that the PUD was challenged
because the application was not legal.
Mr. Bill Rotolo, president of Insignia Homes, LLC and
Attorney Lawrence Freedman, were introduced and answered
questions of the aldermen.
INSIGNIA
(Cont'd.)
PAGE SEVEN
J-36-017
9/16/02
Alderman Beauvais stated that she will not support this
because the application was not taken legally; she does
not support the parking; this is going to be a problem.
Alderman Murphy asked the petitioners whether they had
any involvement, either directly or indirectly, with any
other property on North East River Road. Both
petitioners said no.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that this is an old
neighborhood; we are going to have to fix up this area;
he is not satisfied with this project; this is an
expensive proposal.
Mr. Brad Gosnell, 310 N. East River Road, addressed the
Committee of the Whole stating that he has been misled,
railroaded and lied to by the City; this is just
politics; you have no regard for citizen complaints; he
feels that Mr. Mark Janeck of Insignia does have
connections with other properties in that area; there is
no doubt that the City has been misled.
Mr. Freedman stated that Mr. Janeck is an employee of
Insignia but does acquire properties for other developers
on his own; he has never sold property to Insignia.
Mr. Gosnell stated that these guys are closely tied and
you guys are being duped; there is a serious flood issue
in this area; no one is addressing this; there is no
landscape plan.
Mrs. Susan Mack, 514 Teela Lane, addressed the Committee
of the Whole stating that her community came to you and
asked for annexation; she lives north of the tracks and
now she finds out that the sewer lines are not adequate.
Mr. Gary Phipps, 477 N. East River Road, addressed the
Committee of the Whole stating that the City is barging
in on an area that it doesn't have any legal standing to
do; you don't have the consent of the residents in this
area.
A resident at 210 N. East River Road, addressed the
Committee of the Whole stating that she lives right next
door to this project; her parents are redoing their home
so the price will go up; they are worried about this
project; they don't have a problem with flooding now and
they hope they don't in the future; she hopes the City
will look at this.
Mr. Jason Schram, 480 N. East River Road, addressed the
Committee of the Whole thanking the aldermen for
listening to the residents and giving us plenty of time
to present our views; you have an opportunity to right a
wrong; all we ever wanted was for the City to look at the
entire area before you start piecemealing our
neighborhood; you are going to expand our area when you
don't have enough public safety personnel to service what
you have now; he thanked Aldermen Beauvais, Brookman and
Smith for their support.
Mr. Fred Mack, 514 Teela Lane, addressed the Committee of
the Whole appealing to everyone's common sense; you have
a problem with parking for this project; there is not
enough guest parking; size of the street is also a
concern and the relationship between Insignia and Linden
(Mark Janeck) .
Mr. Freedman stated that they have done all that has been
required of them by the City; please approve this
project.
Moved by Sayad, seconded by Argus, to recommend to the
City Council, re Zoning Case 01-55-PUD, final approval of
the Planned Unit Development for property located at 17~
N. East River Road. 'I'
-~·----·-
INSIGNIA
(Cont'd.)
WARRANT
REGISTER:
PROPOSED
ELEVATIONS/
NEW POLICE
FACILITY,
841
GRACELAND:
PROPOSED
SEAT BELT
ORDINANCE:
PAGE EIGHT
J-36-018
9/16/02
Moved by Christiansen, seconded by Murphy, to adopt a
SUBSTITUTE motion to recommend to the City Council, re
Zoning Case 01-55-PUD, that final approval of the Planned
Unit Development for property located at 170 N. East
River Road, be HELD for discussion under Unfinished
Business on October 7, 2002, regarding proof of
reimbursement to Mr. Mark Janeck for the permit fee, an
organizational chart for Insignia Homes, LLC, all parties
for the petitioner be present, and discussion be limited
to just those matters. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the September 16, 2002 -
Warrant Register, in the total amount of $3,992,843.30;
and further recommend that Resolution R-93-02 be adopted
at appropriate time this evening. Motion declared
carried.
PUBLIC SAFETY -Alderman Beauvais, Chair
Alderman Beauvais stated that the only thing being
requested of the aldermen tonight is the approval to
proceed with the preliminary drawings based on the
conceptual plans (site plan, floor plan and elevation);
the City has a grant to pay for the design and detail
drawings of $300,000.
Representatives Scott Rubel and Raymond Lee of Sente &
Rubel Architects, 1955 Raymond Ori ve, Northbrook, IL
60062, who were authorized to prepare the conceptual
design on May 20, 2002, were introduced and answered
questions of the aldermen.
Mayor Arredia suggested renting a van and the aldermen
going to Elk Grove Village to see how they converted
their old Library into a fire facility.
Alderman Becker stated that he was not interested in
doing that; it would cost too much money to convert our
old Library.
Alderman Sayad stated that we should proceed with the
preliminary drawings as long as we have the money, but
then stop; we have other problems such as flooding.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that his concern is that
the security area is not figured into this plan; we have
enough businesses in town who would fund this building.
Moved by Becker, seconded by Murphy, to recommend to the
City Council to approve the conceptual design for the new
Police Facility at 841 Graceland Avenue; and City enter
into an architectural agreement with Sente & Rubel
Architects, 1955 Raymond Drive, Northbrook, IL 60062, to
prepare design specifications and detailed drawings of
the building for public bidding, contingent upon receipt
of the $300,000 from State Representative Rosemary
Mulligan, and City Attorney be authorized to draft
necessary resolution. Motion declared carried.
Traffic Unit Supervisor Carol Dougherty addressed the
Committee of the Whole regarding her request that the
City initiate a primary seat belt ordinance; 36
communities in the Chicago land area have passed the
primary seat belt ordinance, including Mt. Prospect,
SEAT BELTS
(Cont'd.)
ORDINANCE
Z-24-02
COND. USE &
VARIATION/
DEMPSTER &
RAND ROAD:
PAGE NINE
J 36-019
9/16 /02
Niles and Park Ridge; the only way to decrease the
injuries and fatalities in areas associated with crashes
is to obtain higher seat belt usage.
Police Master Sergeant Tim Sebastian, National Highway
Traffic Safety Association, addressed the Committee of
the Whole stating that their main goal is to reduce
death-injuries; seat belts make a difference; you would
need to educate people; you could have a 30-day warning
period.
Several aldermen stated that this is a personal decision;
we look like "big brother;" perhaps there should be a law
against tinted windows on the driver's side and tinted
license plates; we are all in favor of safety, but this
is a personal choice.
Alderman Smith stated that it is not only the person 's
choice, it affects so many other people and other t h i ngs ;
he doesn't think this is a big deal; this is what we
should be doing.
Mr. Stephen T. Riedner, 488 Berwick Court, Schaumburg, IL
60193, addressed the Committee of the Whole asking
whether the City has received complaints that they f e el
unsafe; this would be violating people's Fourth Amendme nt
rights; there would be a major change in the deployme nt
of the Police Department.
A representative of the American Automobile Association
addressed the Committee of the Whole stating that there
is no choice; it is the law; it is whether you are g o i n g
to enforce it as a secondary or primary enforceme n t ;
people will be more likely to wear their seat belts.
Mr. Ronald Moore, 1480 Jefferson Street, addressed t he
Committee of the Whole stating that the last time this
came up he was appalled with the way the aldermen v oted;
we are trying to save lives and injuries; he c a n 't see
why anyone couldn't vote for this.
Moved by Beauvais, seconded by Smith, to recommend to the
City Council that City initiate a primary seat belt
ordinance with a 90-day warning period, and place on
First Reading the proposed ordinance.
Moved by Argus, seconded by Becker, to call for the
question. Motion declared carried. Alderman
Christiansen and Murphy voted no.
Motion declared failed on Alderman Beauvais' s motio n.
Aldermen Beauvais, Becker and Smith voted yes; Alderme n
Christiansen, Murphy, Sayad and Argus voted no .
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Sayad, to place on First
Reading Ordinance Z-24-02, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES
ZONING ORDINANCE TO ALLOW FOR A FUNERAL HOME AND A
VARIATION TO ZONING CODE SECTION 7. 3-5E TO ALLOW A
VARIATION FOR 111 PARKING SPACES AS PER THE REVISED SITE
PLAN SUBMITTED TO COUNCIL, SEPTEMBER 3, 2002 , AT THE
SOUTHWEST CORNER OF DEMPSTER STREET AND RAND ROAD, DES
PLAINES, ILLINOIS (CASE 02-44-CU-V). Motion dec lared
carried.
Moved by Becker, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-24-02. Upon roll c all, the
vote was:
DEMP. & RAND
(Cont'd. )
ZONING CASE
02-51-V
VARIATION/
10 S. D.P.-
RIVER RD.:
ZONING CASE
01-55-PUD
FINAL PUD
APPROVAL/
170 N. EAST
RIVER ROAD:
WARRANT
REGISTER:
Resolution
R-93-02
PROPOSED
ELEVATIONS/
NEW POLICE
FACILITY,
841
GRACELAND:
PROPOSED
SEAT BELT
ORDINANCE:
TRAFFIC
RESTRICTION/
KROWKA DR.:
PAGE TEN
J-36-020
9/16/02
AYES: 5-Murphy, Sayad, Becker, Argus, Arredia
NAYS: 3-Beauvais, Christiansen, Smith
ABSENT: 1-Brookman
MOTION DECLARED FAILED (six (6) votes are required to
advance an ordinance for adoption; this matter will be
under Unfinished Business on October 7, 2002).
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning Case
02-51-V, to grant request to permit construction of an
auto and truck repair facility with a front yard setback
(along Des Plaines-River Road) of 10'; a front yard
setback (along Redeker Road) of 31.67', instead of the
required 60'; a side yard setback of 5' and a rear yard
setback of 44', instead of the required 60', on property
located at 10 S. Des Plaines-River Road in M-1 Limited
Manufacturing District; and City Attorney be authorized
to draft necessary ordinance. Motion declared carried
(further action on this matter under Consent Agenda on
October 7, 2002) .
Moved by Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole, re Zoning Case
01-55-PUD, that final approval of the Planned Unit
Development for property located at 170 N. East River
Road, by HELD for discussion under Unfinished Business on
October 7, 2002, regarding proof of reimbursement to Mr.
Mark Janeck for the permit fee, an organizational chart
for Insignia Homes, LLC, all parties for the petitioner
be present, and discussion be limited to just these
matters. Motion declared carried.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-93-02, 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:
$3,992,843.30. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Moved by Beauvais, seconded by Becker, to concur with
recommendation of Committee of the Whole to approve the
conceptual design for the new Police Facility at 841
Graceland Avenue; City enter into an architectural
agreement with Sente & Rubel Architects, 1955 Raymond
Drive, Northbrook, IL 60062, to prepare design
specifications and detailed drawings of the building for
public bidding, contingent upon receipt of the $300,000
from State Representative Rosemary Mulligan; and City
Attorney be authorized to prepare necessary resolution.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried (further action on this matter
under Consent Agenda on October 7, 2002).
Moved by Sayad, seconded by Argus, that City NOT initiate
a primary seat belt ordinance. Motion declared carried
(Aldermen Beauvais, Becker and Smith voted no; Aldermen
Christiansen, Murphy, Sayad and Argus voted yes.
Moved by Becker, seconded by Murphy, that Police Chief be
authorized to enforce, under a temporary Police Order, a
traffic restriction that Krowka Drive (westbound) shall
stop and yield to Maple Street; and City Attorney be
authorized to draft necessary ordinance to make this
restriction permanent. Motion declared carried (further
action on this matter under Consent Agenda on October 7,
2002). if
~~~~~~~~~~~~~~~-
PAGE ELEVEN
J-36-021
9/16/02
AJOURNMENT: Moved by Beauvais, seconded by Argus, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 12:20 a.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS } s-·
DAY OF u~ 2002
Anthon~a, MAYOR