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10-07-2002032 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, OCTOBER 7, 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, October 7, 2002. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Aldermen Beauvais was absent. Alderman Beauvais arrived in Executive Session at 6:30 p.m. Alderman Beauvais left the meeting at 11:05 p.m. and returned to the meeting at 11:40 p.m. Also present were: City Manager Miller, Assistant City Manager-EDC Director Schneider, Assistant to the City Manager Baj or, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Engineering Oakley, Assistant Acting Director of Public Works Passi, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: ACQUISITION OF PROPERTY/ GRACELAND & N.W. HWY.: Moved by Murphy, seconded by Christiansen, to go into Exe cu ti ve Session to discuss acquisition of real property and collective bargaining. 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 7:01 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia and Police Chief Ryan recognized Police Counselor Vicki Poklop, who was commended by the Village of Elk Grove for her assistance when a death and injury occurred on a Boy Scout camping trip. Mayor Arredia and Police Chief Ryan recognized Police Officer George Sarkas who was commended by a resident for his assistance with the resident's son who was going through a difficult time. Mayor Arredia recognized Mary Dankowski, Chairman of the Youth Commission, for her efforts not only with the Youth Commission, but also her efforts to bridge the gap between the youth and adults in our community, promoting intergenerational understanding and cooperation through common goals and projects. Alderman Becker recognized U-STOR-IT, 1800 Busse Highway, for their generous contribution for the Holiday Laser Light Show at the Holiday Lighting Ceremony. Moved by Becker, seconded by Argus, to concur with majority agreement in Executive Session that Staff be authorized to negotiate a redevelopment agreement with CVS Pharmacy, 641 W. Lake Street, Suite 404, Chicago, IL 60661, for the redevelopment of the area at the northwest corner of Graceland Avenue and Northwest GRACELAND (Cont'd.) FINAL JUDGE./ ACQ. OF PROP. 1374 MINER: Resolution R-94-02 WAIVER OF EASEMENT RIGHTS/ 962 LEE ST.: Resolution R-102-02 COLLECTIVE BARGAINING/ FIRE COMMAND OFF. ASSOC. : Resolution R-95-02 Ordinance M-62-02 PAGE TWO 033 10/7/02 Highway; City purchase all the land for this project in the budgeted amount as approved in Executive Session and then enter into a purchase agreement with CVS Pharmacy in the budgeted amount as approved in Executive Session. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus NAYS: 3-Murphy, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Smith, to concur with majority agreement in Executive Session that Staff be authorized to finalize the purchase of 1374 Miner Street in the amount of $460,000 with Mike Sandlass (Des Plaines Glass Company), as part of the redevelopment of the area at the northwest corner of Graceland Avenue and Northwest Highway TIF #1, and City's Special Attorneys, Ryan and Ryan, 33 N. Dearborn Street, Suite 402, Chicago, IL 60602, be authorized to execute the Agreed Final Judgment Order; and further recommend to adopt Resolution R-94-02, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREED FINAL JUDGMENT ORDER PROVIDING FOR THE ACQUISITION OF PROPERTY WITHIN THE CITY OF DES PLAINES DOWNTOWN REDEVELOPMENT AREA. Upon roll call, the vote was: AYES: 5-Christiansen, Sayad, Becker Smith, Argus NAYS: 3-Beauvais, Murphy, Brookman ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Smith, to concur with majority agreement in Executive Session that in order to facilitate the move of Des Plaines Glass Company from 1374 Miner Street to 962 Lee Street (see Resolution R- 94-02), the City release and waive easement rights in certain easements for the property commonly known as 962 Lee Street, Lot 2 of the Hardrock Subdivision, specifically the easements on the north and west sides of Lot 2 of the Hardrock Subdivision and further recommend to adopt Resolution R-102-02, A RESOLUTION AUTHORIZING THE RELEASE AND WAIVER OF EASEMENT RIGHTS OF THE CITY OF DES PLAINES IN CERTAIN EASEMENTS FOR THE PROPERTY COMMONLY KNOWN AS 962 LEE STREET, DES PLAINES, ILLINOIS, LOT 2 OF THE HARDROCK SUBDIVISION. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with consensus in Exe cu ti ve Session that City ratify contract with the Des Plaines Fire Officers Union, IAFF Local 4211, effective May 1, 2002 through April 30, 2005; adopt Resolution R-95-02, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE DES PLAINES FIRE OFFICERS UNION, INTERNATIONAL ASSOCIATION OF THE FIRE FIGHTERS (IAFF) LOCAL 4211; and place on First Reading Ordinance M-62-02. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. Moved by Beauvais, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-62-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE I-A, "FIRE GROUP." Upon roll call, the vot(('w was: "1'"' --------------------------------------------- FIRE COMMAND (Cont'd. ) CITIZEN PARTICIPA. : CONSENT AGENDA: MINUTES: Consent Agenda PAGE THREE AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. 034 10/7/02 Mrs. Sharon Smith, Executive Director of the Des Plaines Community Senior Center, addressed the City Council and thanked the City for allowing the Senior Center to use the old Library building at 841 Graceland Avenue for their Community Garage Sale; they raised $8,000. Chairman of the Community Garage Sale, Elaine Johnsen, thanked Alderman Sayad for his generous assistance that day. Mr. Gary Danfield, 655 River Road, addressed the City Council regarding the recent approval for the Optimist Club of Des Plaines to place their trailer at River Road and Perry Street for their annual Christmas Tree Sales Project; every year they harass him and his family; they should behave appropriately. Mr. Greg Lietzau, 2040 Miner Street, addressed the City Council stating that he has come to these meetings before and heard about the flooding all over the City, i.e. Good Avenue, Apple Creek Lane, the Eighth Ward; this is something that you have to always think about. Mr. Ron Johnson, 1530 Park Place, addressed the City Council regarding all the parking tickets he is getting; he was told to park in Lot #5 but he is still getting tickets; he wants a court hearing on this matter. Alderman Beauvais stated that there will be an Administrative Hearing on this matter, but if he would remove some of the inoperable cars on his property, he would have a place to park. Mr. Johnson stated that he is trying to do that. Alderman Christiansen requested that Items 4 and 4a be removed from the Consent Agenda; Alderman Brookman requested that Items 10 and lOa be removed; and Alderman Sayad requested that Items 12 and 12a be removed. Moved by Beauvais, seconded by Argus, Consent Agenda except for Items 4, 4a, 12a. Motion declared carried. to establish a 10, lOa, 12 and 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; Ordinances M-64-02, M-65-02, M-66-02, T-8-02, T-9-02, Z-25-02 and Z-26-02 were placed on First Reading; and Resolutions R- 97-02, R-99-02, R-100-02 and R-101-02 were adopted. Moved by Sayad, seconded by Argus, to approve minutes of the Special meeting of the City Council held August 20, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to approve minutes of the regular meeting of the City Council held September 16, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to approve minutes of the Executive Session of the City Council held September 16, 2002. Motion declared carried as approved unanimously under Consent Agenda. LIQ. LIC./ 1950 TOUHY: Ordinance M-63-02 REGISTRATION OF SOLICITORS AMENDMENTS: Consent Agenda Ordinance M-64-02 LICENSE AGREEMENT/ 140 ARDMORE: Consent Agenda Ordinance M-65-02 LICENSE AGREEMENT/ 161 STRATFORD: Consent Agenda Ordinance M-66-02 TRAFFIC RESTRICTION/ AMHERST AND DRAKE: Consent Agenda Ordinance T-8-02 ZONING CASE 02-54-V VARIATION/ 1461 WHITE: Con. Agenda Ord. Z-25-02 PAGE FOUR 035 10/7/02 Moved by Christiansen, seconded by Brookman, to concur with Staff recommendation to amend Title V, Chapter 34 - "Intoxicating Liquors," Section 18 of the City Code to ADD a Class H-2 Liquor License for property located at 1950 E. Touhy Avenue, d/b/a 7-Eleven Store #135209; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M- 63-02, 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. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to amend Title V, Chapter 4 6 "Registration of Solicitors" of the City Code that the license fee be increased from $28 to $50; that in addition to carrying the license, the solicitor must prominently display a City-issued identification card; no soliciting will be permitted on Sundays or legal holidays, and only between 9:00 a.m. and 4:00 p.m., Monday through Saturday; and further recommend to place on First Reading Ordinance M-64-02, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 4 6, "REGISTRATION OF SOLICITORS" TO AMEND CERTAIN LICENSING REQUIREMENTS AND FEES. 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 construction of a 20' x 11'-wide brick paver driveway apron in the City-owned right-of-way adjacent to property located at 140 Ardmore Road; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-65-02, 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 SHIRLEE L. SMITH, 140 ARDMORE ROAD, 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 construction of a 20' x 11'-wide brick paver driveway apron in the City-owned right-of-way adjacent to property located at 161 Stratford Road; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-66-02, 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 STEVEN SCHMIDT, 161 STRATFORD ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title X, Chapter 7, Section 4 -"Yield Right of Way" of the City Code to ADD that Amherst Avenue (north and southbound) shall yield to Harvard Street and Drake Lane (eastbound) shall yield to Amherst Avenue; and further recommend to place on First Reading Ordinance T-8-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC," CHAPTER 7, "THROUGH AND STOP STREETS," SECTION 4, "YIELD RIGHT OF WAY," OF THE CITY CODE OF THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 02-54-V, to grant request for Variation to permit construction of a 4' solid fence in the secondary front yard instead of the permitted 4' 50% open fence; contingent upon petitioner agreeing to cut the corner of the fence at the petitioner's driveway at a~ 1461 WHITE (Cont'd.) DCCA GRANT/ ARCHIT. FEE 841 GRACELAND: Resolution R-96-02 PAGE FIVE 036 10/7/02 8' 45 degree angle to eliminate any obstructed views, in R-1 Single Family Residential District on property located at 1461 White Street; and further recommend to place on First Reading Ordinance Z-25-02, 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 FOUR FOOT, 100% OPAQUE FENCE INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1461 WHITE STREET, DES PLAINES, ILLINOIS (Case 02-54-V) . Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman stated that we should not be using these funds at this time; these funds should be re- appropriated for other needs; we should accept these funds but send a letter to the State of Illinois to reallocate these funds; we should take some time and reassess our needs; we would be limited to this project. Moved by Brookman, seconded by Argus, that the City NOT accept the DCCA Grant in the amount of $300,000 to fund architectural services costs for the proposed Police Facility at 841 Graceland Avenue, and the City send a letter to the State of Illinois requesting the funds be reallocated to the City for other needs. Alderman Beauvais stated that she does not want to re- allocate these funds; we applied for this grant for a specific purpose and we should follow through on this. Alderman Murphy stated that this is a grant that has been assigned a project number; she doesn't think we will get it back; we have a guarantee right now; if we want to redefine the grant, we can do that after we receive the money; we should take the money now. Alderman Sayad stated that he wants to take the money and run. Alderman Becker stated that we should be voting on what we have right now. Alderman Smith stated that he agrees with Alderman Murphy; we should get the $300, 000 first and then we could get it reallocated. Alderman Argus stated that we should take the $300,000; we have two (2) years to use it. MOTION DECLARED FAILED. Alderman Brookman voted yes. Moved by Sayad, seconded by Murphy, to concur with Staff recommendation that City accept an Illinois Department of Commerce and Community Affairs (DCCA) Illinois First Grant, Project #HR30020, in the amount of $300,000 (through the efforts of State Representative Rosemary Mulligan) to partially fund the services of Sente & Rubel Architects, 1955 Raymond Drive, Northbrook, IL 60062, to provide architectural services for the proposed new Police Facility to be located at 841 Graceland Avenue; Mayor and City Clerk be authorized to execute all necessary documents; and further recommend to adopt Resolution R-96-02, A RESOLUTION ACCEPTING A DCCA GRANT IN THE AMOUNT OF $300,000 TO FUND PARTIAL ARCHITECTURAL SERVICES COSTS FOR THE PROPOSED POLICE FACILITY LOCATED AT 841 GRACELAND AVENUE, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO SECURE THE GRANT. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. AMENDMENT 11/18/02 Page Five, under DCCA Grant, after the fifth paragraph ADD: "Alderman Sayad stated that the City is behind some $2.5 million in 2002 revenues; we, as a City Council, should be more responsible on spending funds for projects; we must clearly evaluate our financial position before we look at building a new Police Station and not to go ahead without a clear financial plan; he would like a new Police Stationbut we don't have the funds and can't go into futher debt; every month the aldermen receive a status report of the City finances; you must see that we are in a crisis." COPS MORE 2002 GRANT/ POLICE COMPUTER EQUIPMENT: Consent Agenda Resolution R-97-02 ARCHIT. SVS. AGREEMENT/ 841 GRACELAND: Resolution R-98-02 PAGE SIX 037 10/7/02 Moved by Sayad, seconded by Argus, to concur with Staff recommendation to accept COPS MORE 2002 Grant #2002CMWX0015, from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for fifteen (15) lap top computers, mounting stations, printers, software and bar code readers for police squad cars, in the amount of $113,719 with the City providing matching funds in the amount of $37,906/Customs Seizure Funds, for total funding for this project of $151,625; Mayor and City Clerk be authorized to execute all necessary documents; and further recommend to adopt Resolution R-97-02, A RESOLUTION ACCEPTING GRANT #2002CMWX0015, FROM THE U.S. DEPARTMENT OF JUSTICE, WITH MATCHING FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE CUSTOMS SEIZURE ACCOUNT, IN THE AMOUNT OF $37,906, TO FUND 15 LAP TOP COMPUTERS, MOUNTING STATIONS, PRINTERS, SOFTWARE AND BAR CODES FOR POLICE SQUAD CARS. Motion declared carried as approved unanimously under Consent Agenda. Alderman Sayad stated that he would like to hold back from this project until after the budget next year; we have time; we may need the money and have to sell this property. Moved by Sayad, seconded by Argus, to POSTPONE discussion on an agreement with Sente & Rubel Architects, Ltd. to provide architectural services for the new Police Facility at 841 Graceland Avenue, until June, 2003. Alderman Beauvais stated she is not for waiting; she will continue to support this project. Alderman Brookman stated that she has a real problem with the direction this Council is taking. Alderman Sayad stated that we have to re-look at this project; we don't have the money to proceed; it is not right to do this just because we have this grant. Alderman Murphy stated that we are responsible for long term planning as well as short planning; she would like to know what this total project will cost; she would be willing to wait until those figures were received. Alderman Christiansen stated that everyone is hurting for money; if everyone took the attitude not to do anything, nothing would get done but people would be laid off; we know we will be generating more money with the development we are doing. Upon roll call on the motion, the vote was: AYES: 3-Sayad, Brookman, Argus NAYS: 5-Beauvais, Christiansen, Murphy, Becker, Smith ABSENT: 0-None MOTION DECLARED FAILED. Moved by Beauvais, seconded by Smith, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Standard Form of Agreement with Sente & Rubel Architects, Ltd., 1955 Raymond Drive, Northbrook, IL 60062, to provide architectural services for schematic design phase and design development phase for the new Police Facility at 841 Graceland Avenue, in the amount not-to-exceed $300,000; contingent upon receipt of said funds from Illinois First Grant, Project #HR30030; and further recommend to adopt Resolution R-98- 02, A RESOLUTION AUTHORIZING THE EXECUTION OF A STANDARD FORM OF AGREEMENT BETWEEN CITY OF DES PLAINES AND SENTE & RUBEL ARCHITECTS, LTD. FOR THE DESIGN OF THE NEW POLICE HEADQUARTERS BUILDING AT 841 GRACELAND. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Murphy, Becker, Smith NAYS: 3-Sayad, Brookman, Argus ABSENT: 0-None Motion declared carried. LAND SURVEY. SERVICES/ TIF #3 (WILLE RD . ) : Consent Agenda Resolution R-99-02 ELEC. SVS./ CABLE CONTROL ROOM RELOCA. : Consent Agenda Resolution R-100-02 RECODIFICA./ CITY CLERK & CITY MGR.: Consent Agenda PATIO VARIATION/ 2093 MAPLE: Consent Agenda FINAL PLAT/ DARIA RESUB. 635-637 HOWARD: Consent Agenda REDUCTION OF SURETY/ DELGADO RESUBDIVISION 2131-2133 ELMIRA: Consent Agenda PURCHASE OF WATER METERS: Consent Agenda PAGE SEVEN 038 10/7/02 Moved by Sayad, seconded by Argus, to concur with Staff recommendation to accept proposal from Gremley & Biedermann Land Surveyors, 4505 N. Elston Avenue, Chicago, IL 60630, to provide land surveying services in order to obtain the nineteen easements along Wille Road as part of the TIF #3 Project, in the amount not-to- exceed $29,350/TIF #3 Funds; and further recommend to adopt Resolution R-99-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF A PROPOSAL FOR LAND SURVEY SERVICES WITH GREMLEY & BIEDERMANN, PROFESSIONAL ILLINOIS LAND SURVEYORS FOR FIELD WORK LOCATED AT WILLE ROAD AS PART OF THE TIF #3 PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to accept proposal from Adlite Electric Co., Inc., 1355 Golf Road, Des Plaines, to provide electrical work required for the relocation of the Cable Control Room (necessitated by the expansion of the Emergency Communications Center for the inclusion of the Villages of Niles and Morton Grove into the 9-1-1 system), on the Second Floor of City Hall, in the amount of $8, 8 90, to be funded entirely by Niles and Morton Grove; and it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-100-02, A RESOLUTIO N AUTHORIZING THE EXECUTION OF A BID PROPOSAL BETWEEN THE CITY OF DES PLAINES AND ADLITE ELECTRIC CO., INC. FOR RELOCATION OF VIDEO EQUIPMENT FOR EMERGENCY COMMUNICATIONS EXPANSION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to approve recodification of Title I, new Chapter 8 -"City Clerk" (formerly Chapter 9), and new Chapter 7A -"City Manager" (formerly Chapter 24) of the City Code as reviewed and recommended by the Legal & Licensing Committee (Smith, Beauvais, Brookman) ; and these approved changes be held until the entire recodification is complete. 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 to permit reconstruction of a 34' x 12' patio in the rear yard of property located at 2093 Maple Street (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with recommendation of Des Plaines Plan Commission and approve Final Plat for Daria's Resubdivision, 635 and 637 Howard Avenue; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to grant request for Reduction of Public Improvement Surety by 75% or $15,000 for Delgado's Six th Resubdivision, 2131 and 2133 Elmira Avenue (City to retain $5, 000 cash bond). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to authorize purchase of water meters from Badger Meters, Inc., 4545 W. Brown Deer Road, Milwaukee, WI 53225, on an "as needed" basis throughout the year at a cost not-to-exceed $77,000/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived because Badger Meters, Inc. has WATER METERS (Cont'd. ) REPAIR/SEWER VAC. TRUCK: Consent Agenda REJECT BID & REBID/SALT STORAGE FACILITY: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE T-9-02 TRAF. RESTR,/ KROWKA AT MAPLE: Consent Agenda ORDINANCE Z-26-02 VARIATION/ 10 S. D.P. RIVER RD.: Consent Agenda RESOLUTION R-101-02 LAND ACQUIS./ 1538 PARK: Consent Agenda ORDINANCE M-63-02 LIQ. LIC./ 1950 TOUHY: PAGE EIGHT 039 10/7/02 provided meters to the City since 1977 and approximately 94% of the City meters are Badger. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to ratify action taken by the City Manager on September 26, 2002, to authorize repair of City's 1995 Vac-Con sewer vacuum truck, in the amount of $13, 906/Vehicle Maintenance Fund; work to be done by factory authorized vendor, E. J. Equipment, P.O. Box 665, Manteno, IL 60950. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to reject bids received on September 4, 2002, for Salt Storage Facility at Public Works Department, 1111 Joseph J. Schwab Road, because bids were over budgeted amount; and this project be rebid, returnable by 3:00 p.m., Wednesday, October 30, 2002 for construction in Spring, 2003. 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 for Emergency Communications Radio Console Furniture, returnable by 3:00 p.m., Friday, October 25, 2002. 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 for Emergency Communications Radio Upgrade, returnable by 3:00 p.m., Friday, October 25, 2002. 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 for 9-1-1 Telephone System Upgrade, returnable by 3:00 p.m., Friday, October 25, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to place on First Reading Ordinance T-9-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 7, "THROUGH AND STOP STREETS" SECTION 3, "STOP STREETS" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to place on First Reading Ordinance Z-2 6-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.6-4 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN AUTO AND TRUCK REPAIR FACILITY LOCATED AT 10 SOUTH DES PLAINES RIVER ROAD (CASE 02-51-V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to adopt Resolution R- 101-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A REAL ESTATE PURCHASE CONTRACT BETWEEN KATHY REYES AND THE CITY OF DES PLAINES IN THE AMOUNT OF $193,500 FOR THE PROPERTY COMMONLY KNOWN AS 1538 PARK PLACE, FOR THE PURPOSE OF THE CITY PURCHASING SAID PROPERTY (TIF #1). Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-63-02, 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. Upon roll call, the vote was: 1950 TOUHY (Cont'd. ) ORDINANCE M-65-02 LICENSE AGREEMENT/ 140 ARDMORE: ORDINANCE M-66-02 LICENSE AGREEMENT/ 161 STRATFORD: APPOINTMENT: BUSINESS DEVELOPMENT AGREEMENT/ 1300 TOUHY (SANDOZ) : PAGE NINE AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. 040 10 /7 /02 Moved by Smith, seconded by Becker, to advance to Second Reading and adopt Ordinance M-65-02, 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 SHIRLEE L. SMITH, 140 ARDMORE ROAD, DES 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 Smith, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-66-02, 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 STEVEN SCHMIDT, 161 STRATFORD ROAD, DES 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. Presented for consideration (no action required) was the Mayoral appointment of Mary C. Ellicson, replacing Karen Wise, to the YOUTH COMMISSION. Moved by Sayad, seconded by Murphy, to waive the two (2) week waiting period and approve Mayoral appointment of Mary C. Ellicson to the YOUTH COMMISSION, term to expire December 1, 2002. Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT Alderman Becker, Chair Assistant City Manager-EDC Director Schneider reviewed his memo of September 26, 2002, regarding a request fr om a potential developer for incentives for the purchase of the "Sandoz" building located at 1300 Touhy Avenue; they are asking for 75% reduction in permit fees, a cap on the telecommunications tax and a 6b resolution so they can apply to Cook County for a property tax assessment reduction. Both Aldermen Murphy and Sayad stated that they would like to know what kind of business would occupy this building; this doesn't sound like a good deal for the City, especially the cap on the telecommunications tax . Alderman Brookman stated that it would seem wrong to put a car dealership on that property; it is beautiful; it should be put to the very best possible use. Mr. Gary Janko and Mr. Chris Noon, Quadrangle Development Company, 2121 Waukegan Road, Bannockburn, IL 60015, addressed the Committee of the Whole and answered questions from the aldermen. Alderman Becker expressed his concern that the City is being asked for incentives but we have no idea of the company that will be coming in. 1300 TOUHY (Cont'd.) FINAL PLAT & VARIATIONS/ KOLBIARZ & Di FRANCO SUBDIV. , 368- 390 BELLAIRE: PAGE TEN 041 10/7/02 The petitioners stated that they could wait for a decision on the permit fees and the telecommunications tax, but they do need approval for the 6B classification; it is important to them that the City allow them to proceed with this project. Alderman Smith stated that he doesn't have a problem with approving the 6b classification; we have done this before; it is a reasonable request; he would like to know who the potential tenant would be; it would not be fair to cap the telecommunications tax on one business and not another. Alderman Argus stated that we need to know their master plan; who will their tenant be? Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that this is going to affect us greatly; we need to know what they are going to do. Moved by Brookman, seconded by Beauvais, to recommend to the City Council to TABLE the proposed business development agreement incentives, i.e. cap on telecommunications tax, waiver of permit fees, 6b classification for potential developer of property located at 1300 Touhy Avenue (Sandoz building). Upon roll call, the vote was: AYES: 4-Beauvais, Sayad, Brookman, Argus NAYS: 4-Christiansen, Murphy, Becker, Smith ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote) Moved by Beauvais, seconded by Argus, to recommend to the City Council to POSTPONE the request for a 6b classification for property located at 1300 Touhy Avenue (Sandoz building) until November 4, 2 002. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Becker, Smith, Argus NAYS: 3-Murphy, Sayad, Brookman ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Sayad, to recommend to the City Council to TABLE the other incentives requested by the potential developer of property located at 1300 Touhy Avenue (Sandoz building), i.e. cap on telecommunications tax, waiver of permit fees. Motion declared carried. Alderman Murphy voted no. Aldermen Beauvais and Brookman expressed their opposition to this request; there is a potential problem with the width of the street; there is also some dispute as to whether Trailside Lane is a dedicated street. Speaking against this request were: Mrs. Irene Serwa, 1011 Crabtree Lane Mrs. Linda Kiscellus, 324 Bellaire Avenue Mr. Aaron Baker, 495 Bellaire Avenue Mr. Gary Danfield, 655 River Road Mr. George Brooks, 454 Lyman Avenue Mrs. Gale Kuffel, 2251 University Avenue An attorney representing Rick and Barbara Redella, 475 Trailside Lane, addressed the Committee of the Whole stating that it is clear that Trailside Lane is not a public dedicated road; he disputes City Attorney Wiltse's opinion in his memo of October 2, 2002, that it is; the Redel las have maintained this street; this is deeded property that belongs to the residents on Trailside Lane. Mr. Jack Cavalenes, Des Plaines Citizens for Responsible Development, P.M.B. #274, 1153 S. Lee Street Mr. Greg Lietzau, 2040 Miner Street Mr. Ray Koltys, 1305 E. Walnut Avenue BELLAIRE (Cont'd. ) RECESS MEETING: PAGE ELEVEN 042 10/7/02 Petitioners Paul and Frank Di Franco and M. Kolbiarz addressed the Committee of the Whole and answered questions from the aldermen; they stated that they have conformed with everything the City has required; the issue of Trailside Lane is not relevant to their project. Moved by Beauvais, seconded by Brookman, to recommend to the City Council to DENY request for approval of Final Plat and Subdivision Regulations Variance for the M. Kolbiarz and P. DiFranco Subdivision, on property located at 368-390 Bellaire Avenue. Upon roll call, the vote was: AYES: 3-Beauvais, Christiansen, Brookman NAYS: 5-Murphy, Sayad, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Sayad, seconded by Argus, to recommend to the City Council to APPROVE request for approval of Final Plat and Subdivision Regulations Variance for the M. Kolbiarz and P. DiFranco Subdivision, 368-390 Bellaire Avenue; and City Attorney be authorized to draft necessary documents. Alderman Beauvais stated that she thinks it is horrible that you are destroying the whole neighborhood. Moved by Brookman, seconded by Beauvais, to adopt a substitute motion and recommend to the City Council that the request for approval of Final Plat and Subdivision Regulations Variance for the M. Kolbiarz and P. DiFranco Subdivision, on property located at 368-390 Bellaire Avenue, be POSTPONED until December 2, 2002. Upon roll call, the vote was: AYES: 3-Beauvais, Brookman, Becker NAYS: 5-Christiansen, Murphy, Sayad, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Brookman, seconded by Beauvais, to adopt a substitute motion and recommend to the City Council that the request for approval of Final Plat and Subdivision Regulations Variance for the M. Kolbiarz and P. DiFranco Subdivision, on property located at 368-390 Bellaire Avenue, be POSTPONED until December 16, 2002. MOTION DECLARED FAILED. Aldermen Beauvais and Brookman voted yes. Moved by Beauvais, seconded by Brookman, to adopt a substitute motion and recommend to the City Council that the request for approval of Final Plat and Subdivison Regulations Variance for the M. Kolbiarz and P. DiFranco Subdivision, on property located at 368-390 Bellaire Avenue, be TABLED in order to study the flood ordinance. Upon roll call, the vote was: AYES: 2-Beauvais, Brookman NAYS: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Upon roll call on Alderman Sayad's motion to approve, the vote was: AYES: 5-Murphy, Sayad, Becker, Smith, Argus NAYS: 3-Beauvais, Christiansen, Brookman ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Brookman, that this meeting be recessed until 7:00 p.m. on Tuesday, October 8, 2002. MOTION DECLARED FAILED. Aldermen Brookman and Smith voted yes. Moved by Brookman, seconded by Beauvais, that all remaining items on this agenda, except for the Warran~ RECESS (Cont'd.) WARRANT REGISTER: EIGHT MONTH FINANCIAL REVIEW: BACKGROUND CHECKS FOR BUSINESS LICENSES: LIBRARY LEASE: PAGE TWELVE 043 10/7/02 Register, be held for discussion and action on October 21, 2002. MOTION DECLARED FAILED. Aldermen Beauvais, Brookman and Smith voted yes. FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Argus, to recommend to the City Council approval of the October 7, 2002 Warrant Register, in the total amount of $2,940,905.90; and further recommend that Resolution R-103-02 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad and Director of Finance Egeberg gave an overview of the City's financial situation; 2002 revenue will be approximately $2 million less than budgeted; less revenue has been received from income tax, property tax, hotel-motel tax and sales tax; new revenue or additional expenditure cuts need to be implemented to increase the fund balance; fund balance is projected to be below 5%; the 2003 budget alternatives could include an increase in the property tax, telecommunications tax, additional program, service and levels of service reductions. LEGAL & LICENSING -Alderman Smith, Chair City Attorney Wiltse reviewed his memo of September 27, 2002, regarding the question of background checks for businesses; he suggests that the investigations be criminal only, based on fingerprints; for business owners and managers or all individual employees who have contact with the public, i.e. child care, ice cream vendors; the information would not be subject to Freedom of Information Act requests. Mr. Rick Ornberg, Executive Director of the Des Plaines Chamber of Commerce & Industry, addressed the Committee of the Whole and stated that this matter has been discussed extensively with the Staff and the Chamber does not have any objection to what is being presented. Moved by Brookman, seconded by Sayad, to recommend to the City Council that the City Attorney be authorized to draft an ordinance regarding background checks for businesses for discussion by the Committee of the Whole on November 18, 2002. Motion declared carried. City Attorney Wiltse reviewed his memo of September 26, 2002, regarding the proposed Library Lease; the matter has been reviewed by the Legal & Licensing Committee who recommended some minor modifications; it is recommended that this lease be approved and sent to the Des Plaines Library Board for their review and consideration. Moved by Sayad, seconded by Argus, to recommend to the City Council to accept the proposed Library Lease as reviewed by the Legal & Licensing Committee and Staff, and send it to the Des Plaines Library Board for their review and consideration. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION ORDINANCE Z-24-02 CONDIT. USE & VARIATION/ DEMPSTER & RAND: ZONING CASE 01-55-PUD FINAL PUD APPROVAL/ 170 N. EAST RIVER RD.: REDISTRICTING OF THE CITY: PAGE THIRTEEN 044 10/7/02 Moved by Sayad, seconded by Smith, to adopt 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). Moved by Brookman, seconded by Beauvais, to adopt a substitute motion to POSTPONE until October 21, 2002, adoption of Ordinance Z-24-02 until there is proof of a contract agreement between the two (2) parties involved with this property. MOTION DECLARED FAILED. Aldermen Beauvais, Christiansen and Brookman voted yes. Moved by Smith, seconded by Sayad, to call for the question. Motion declared carried. Aldermen Beauvais and Brookman voted no. Upon roll call on Alderman Sayad's motion, the vote was: AYES: 5-Murphy, Sayad, Becker, Smith, Argus NAYS: 3-Beauvais, Christiansen, Brookman ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Brookman, to suspend the rules to permit public input on this matter. MOTION DECLARED FAILED. Aldermen Beauvais, Murphy and Brookman voted yes. Moved by Brookman, seconded by Beauvais, to DENY final approval of the Planned Unit Development for property located at 170 N. East River Road, re Zoning Case 01-55- PUD. Moved by Sayad, seconded by Becker, to adopt a substitute motion to APPROVE the Planned Unit Development for property located at 170 N. East River Road, re Zoning Case 01-55-PUD. Alderman Beauvais stated that this is an illegal PUD application; she will be voting against this. Moved by Brookman, seconded by Beauvais, to adopt a substitute motion to the substitute motion to TABLE final approval of the Planned Unit Development for property located at 170 N. East River Road, re Zoning Case 01-55- PUD. Upon roll call, the vote was: AYES: 2-Beauvais, Brookman NAYS: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Smith, seconded by Say ad, question. Motion declared carried. and Brookman voted no. to call for the Aldermen Beauvais Upon roll call on Alderman Sayad's motion to APPROVE, the vote was: AYES: 4-Murphy, Sayad, Becker, Argus NAYS: 5-Beauvais, Christiansen, Brookman, Smith, Arredia ABSENT: 0-None MOTION DECLARED FAILED. Moved by Christiansen, seconded by Murphy, to concur with recommendation of Committee of the Whole held September 23, 2002, to POSTPONE discussion on Redistricting of the City until October 21, 2002. Upon roll call, the vote was: REDISTRICTING (Cont'd.) BUSINESS DEVELOPMENT AGREEMENT/ 1300 TOUHY (SANDOZ) : FINAL PLAT & VARIATIONS/ KOLBIARZ & Di FRANCO SUBDIV. , 358- 390 BELLAIRE: WARRANT REGISTER: Resolution R-103-02 BACKGROUND CHECKS FOR BUSINESS LICENSES: LIBRARY LEASE: TRAILSIDE LN . LEGAL ACTION AND INVESTIG. OWNERSHIP OF OTHER STREETS: PAGE FOURTEEN AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 1-Smith ABSENT: 0-None Motion declared carried. 045 10/7/02 Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole to POSTPONE t he request for a 6b classification for property located at 1300 Touhy Avenue (Sandoz building) until November 4 , 2002. Motion declared carried. Alderman Murphy v ot ed no. Moved by Becker, seconded by Argus, to concur wi t h recommendation of Committee of the Whole to TABLE the other incentives requested by the potential develope r of property located at 1300 Touhy Avenue (Sandoz building ), i.e. cap on telecommunications tax, waiver of p e rmit fees. Motion declared carried. Aldermen Murphy voted no. Moved by Becker, seconded by Say ad, to concur wit h recommendation of Committee of the Whole to approve request for approval of Final Plat and Subdivision Regulations Variance for the M. Kolbiarz and P. Difranco Subdivision, 368-390 Bellaire Avenue; and City Attorn ey be authorized to draft necessary documents. Mot i on declared carried. Aldermen Beauvais, Christiansen a n d Brookman voted no. Moved by Sayad, seconded by Christiansen, to concur wi th recommendation of Committee of the Whole to a dopt Resolution R-103-02, 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. To t a l: $2,940,905.90. 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 Smith, seconded by Sayad, to concur wi t h recommendation of Committee of the Whole that Ci ty Attorney be authorized to draft an ordinance regarding background checks for businesses for discussion by the Committee of the Whole on November 18, 2002. Motion declared carried. Alderman Beauvais and Brookman vot ed no. Moved by Smith, seconded by Sayad, to concur with recommendation of Committee of the Whole that City accept the proposed Library Lease as reviewed by the Lega l & Licensing Committee and Staff, and send it to the Des Plaines Library Board for their review and consideration . Motion declared carried. Moved by Murphy, seconded by Beauvais, that City Attorney be authorized to file a complaint in Chancery Co u r t regarding legal ownership of Trailside Lane; and Ci ty Attorney be authorized to investigate the ownership of other streets, and report back to the City Council . Motion declared carried. AJOURNMENT: DAY OF Anthon PAGE FIFTEEN Moved by Christiansen, seconded by Sayad, regular meeting of the City Council adjourn. declared carried. Meeting adjourned at 12:16 046 10/7/02 that the Motion a.m. Donna McAllister, MMC CITY CLERK e2 (