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11-18-2002065 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, NOVEMBER 18, 2002 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, November 18, 2002. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais and Brookman were absent. Alderman Brookman arrived in Executive Session at 6:41 p.m. Alderman Beauvais arrived in Executive Session at 6:43 p.m. Also present were: City Manager Miller, Assistant City Manager-EDC Director Schneider, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Civil Engineer LaBerg, Acting Director of Public Works Dusckett, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: CITIZEN PARTICIPA. : Moved by Smith, seconded by Christiansen, Executive Session to discuss personnel and of real property. Upon roll call, the vote AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Brookman Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 6:50 p.m. to go into acquisition was: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Reverend Gary D. Houdek, followed by the Pledge of Allegiance. Mayor Arredia read a letter from a resident commending the employees of the Public Works Department for their fine performance during the leaf pickup program. Mayor Arredia read a letter from a resident commending Building Inspector Tina Patemen for being both resourceful and industrious; she is a skillful advocate on behalf of those property owners she so pleasantly serves. Mr. Gary Danfield, 655 River Road, addressed the City Council stating his concern about the condition of Pearson Street; we need to have that street finished before the snow starts; it is very dangerous. Mr. Jason Schram, 480 N. East River Road, addressed the City Council stating his concern about the budget and the 15% property tax increase that is being considered; the problem is that the department heads have not provided any cost cutting projects; this budget is not fooling anyone; we were told that spending would remain at the 2002 level; it is about time the aldermen do their job and see that the department heads are held accountable. CITIZENS (Cont'd.) PERSONNEL/ CITY MGR.: ACQ. OF REAL PROPERTY/ DRUG STORE GRACELAND & N.W. HWY.: MANCARI AUTO GROUP/ 77 RAND RD.: CONSENT AGENDA: MINUTES: Consent Agenda LIQ. LIC./ 586 E. OAK.TON ST.: Ordinance M-75-02 ll/1~foo2 PAGE TWO A resident at 1725 Howard Avenue addressed the City Council stating his concern about the lack of participation by teens in programs sponsored by the City; he has an idea of how to get more teens involved and that would be to open a kick-boxing gym after school. Moved by Christiansen, seconded by Murphy, to concur with majority agreement in Executive Session to concur with Mayoral appointment of Assistant City Manager-EDC Director Schneider as Acting City Manager, effective December 2, 2002. Motion declared carried. Alderman Sayad voted no for the reason stated in Executive Session. Moved by Becker, seconded by Argus, to concur with consensus in Executive Session that Staff be authorized to continue negotiations for a redevelopment agreement to bring a drug store to the area at the northwest corner of Graceland Avenue and Northwest Highway -TIF #1. Motion declared carried. Moved by Smith, seconded by Sayad, to POSTPONE until December 2, 2002, the matter of the Business Development Agreement and 6 (b) Status for Mancari Auto Group, 77 Rand Road, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Alderman Beauvais requested that Items 3, 3a, 6 and 6a be removed from the Consent Agenda; Alderman Brookman requested that Items 4 and 4a be removed; a resident requested that Item 9 and 9a be removed; and Alderman Murphy requested that Item 15 be removed. Moved by Sayad, seconded by Becker, to establish a Consent Agenda except for Items 3, 3a, 4, 4a, 6, 6a, 9, 9a and 15. Motion declared carried. Moved by Sayad, seconded by Brookman, 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-69-02, M-70-02, M-71-02, M-72-02, M-73-02, Z-27-02 and Z-28-02 were adopted; Ordinances T-12-02, Z-30-02 and Z- 31-02 were placed on First Reading; and Resolutions R- 118-02, R-119-02, R-120-02 and R-121-02 were adopted. Moved by Sayad, seconded by Brookman, to approve minutes of the regular meeting of the City Council held November 4, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to approve minutes of the Executive Session of the City Council held November 4, 2002. Motion declared carried as approved unanimously under Consent Agenda. Ms. Stephanie Gonzalez, 61 Mt. Prospect Road, a student at Maine West High School, addressed the City Council in opposition to the proposed liquor license at 58 6 E. Oakton Street; this location is only one (1) block from the school. Ms. Arantza Jawregui, 142 Clyde Avenue, #2E, Evanston, IL 60202, a counselor in the mental health field, addressed the City Council in opposition to this liquor license; drugs and alcohol are serious problems with teens; the City will have to spend money to control this liquor license. LIQ. LIC. (Cont'd. ) CHANGE ASST. DIRECTOR OF ENGRG. TO EXEMPT POSITION: Ordinance M-76-02 ORDINANCE M-72-02 CHANGE ASST. DIR. OF FIN. TO EXEMPT POSITION: Reconsider Vote AMENDMENT/ PARKING CODE VIOLATION PROCEDURE: Consent Agenda Ordinance T-12-02 PAGE THREE 067 11/18/02 Mr. Donald J. Ciszewski, Real Estate Manager, 7-Eleven, Inc . , Great Lakes Division , 12 51 N . Pl um Grove Ro ad, Suite 1 7 0 , Schaumburg , IL 6 0 1 7 3 , addressed the City Council and answered questions from the aldermen regarding the security in the store, penalty if they sell to minors, etc. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to amend Title V, Chapter 34 "Intoxicating Liquors," Section 5-34-18, of the City Code, to add one ( 1) H-2 Liquor License for property located at 586 E. Oakton Street, d/b/a 7-Eleven #33360; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M- 75-02, AN ORDINANCE AMENDING TITLE V, "LICENSES" CHAPTER 34 "INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO ADD ONE H-2 LIQUOR LICENSE AT 586 E. OAKTON STREET (7-ELEVEN). Motion declared carried. Aldermen Beauvais, Christiansen and Brookman voted no. (further action on this matter under Unfinished Business on December 2, 2002) Alderman Brookman stated that she has a problem with giving a great deal of power to the department heads; it lacks checks and balances; this is wrong; we are abdicating too much power to the department heads; this is clearly unfair and open for abuse; the process is flawed; she wants to go on record that she is opposed to this action. Aldermen Murphy, Smith and Sayad spoke in support of this change to the position of Assistant Director of Engineering. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to amend Title I, Chapter 14 "Department of Engineering," Section 1-14-2, of the City Code, to create the position of Assistant Director of Engineering as an exempt position; and further recommend to place on First Reading Ordinance M-76-02, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE," OF CHAPTER 14 "DEPARTMENT OF ENGINEERING" TO ADD THE EXEMPT POSITION OF ASSISTANT DIRECTOR OF ENGINEERING. Motion declared carried. Alderman Brookman voted no. (further action on this matter under Unfinished Business on December 16, 2002) Moved by Brookman, seconded by reconsider vote taken earlier in Consent Agenda to adopt Ordinance declared carried. Christiansen, to the meeting under M-72-02. Motion Moved by Becker, seconded by Beauvais, to adopt Ordinance M-72-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 13 "DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES," TO ADD THE EXEMPT POSITION OF ASSISTANT FINANCE AND ADMINISTRATIVE SERVICES DIRECTOR. 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 Sayad, seconded by Brookman, to concur with Staff recommendation to amend Title X, Chapter 5 "Stopping, Standing and Parking," Section 28, of the City Code, to eliminate the three (3)-week delinquent notice procedure for parking violations, as it would reduce Staff workload and save the City an estimated $2,700 in postage and printing; and further recommend to place on First Reading Ordinance T-12-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 5, "STOPPING, T-12-02 (Cont'd. ) ZONING CASE 02-69-CU CONDIT. USE/ 1256 RAND: Ordinance Z-29-02 ZONING CASE 02-70-CU CONDIT. USE/ 170 CAMBRIDGE: Consent Agenda Ordinance Z-30-02 ZONING CASE 02-71-V VARIATION/ 1444 CAMPBELL: Consent Agenda Ordinance Z-31-02 PAGE FOUR 068 11/18/02 STANDING AND PARKING" SECTION 28, "CODE VIOLATION FINES." Motion declared carried as approved unanimously under Consent Agenda. Alderman Beauvais stated her concern about the condition of the property at 1256 Rand Road. Petitioners Leonid Taytsit and Steve Podolny addressed the City Council and answered questions from the aldermen; they have done extensive clean up of the property and will provide whatever landscaping the City requires. Moved by Becker, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 02-69-CU, to grant request for a Conditional Use to permit operation of an auto body repair shop in C-3 General Commercial District on property located at 1256 Rand Road, contingent upon all parking stalls and aisles complying with applicable requirements including landscaping; all repair services and other business be conducted inside the building; no merchandise shall be displayed outside the building; petitioner obtaining a Des Plaines business license; no new signage be displayed without securing a permit; and further recommend to place on First Reading Ordinance Z- 2 9-02, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTO BODY REPAIR SHOP IN ACCORDANCE WITH SECTION 7.3-6 IN A C-3 GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 1256 RAND ROAD, DES PLAINES, ILLINOIS (CASE 02-69-CU) . Motion by Alderman Beauvais to approve the request for a Conditional Use for property located at 1256 Rand Road contingent upon the property being cleaned up, DIED FOR LACK OF A SECOND. Motion declared carried on the original motion. Alderman Beauvais voted no. (further action on this matter under Unfinished Business on December 2, 2002) Moved by Sayad, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 02-7 0-CU, to grant request for Conditional Use to permit operation of a large residential care home, housing six (6) residents and one (1) Staff person, in R-1 Single Family Residential District on property located at 170 Cambridge Road, contingent upon six ( 6) conditions as cited in the ordinance; and further recommend to place on First Reading Ordinance Z-30-02, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.2- 4 ( D) OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE OPERATION OF A LARGE RESIDENTIAL CARE HOME IN AN R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT AT 170 CAMBRIDGE ROAD, DES PLAINES, ILLINOIS (CASE 02-70-CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 02-71-V, to grant request for Variation to permit a non-permitted obstruction (open porch and steps) in the front yard of property located at 1444 Campbell Avenue in R-1 Single Family Residential District; and further recommend to place on First Reading Ordinance Z-31-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.1-3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A NON-PERMITTED OBSTRUCTION OF A FRONT STOOP WITH STEPS MORE THAN 4 FEET ABOVE GRADE (4 FEET PERMITTED) TO ALLOW 4.67 FEET (PROPOSED) AT 1444 CAMPBELL AVENUE, DES PLAINES, ILLINOIS (CASE 02-71-V). Motion declared carried as approved unanimously under Consent Agenda. LAND ACQUIS./ 2662-2675 MANNHEIM: Resolution R-117-02 LAND ACQUIS./ 1350 N.W. HWY.-TIF #1: Consent Agenda Resolution R-118-02 LAND ACQUIS./ 1363-1366 N.W. HWY. TIF #1: Consent Agenda Resolution R-119-02 LAND ACQUIS./ 556 GRACELAND TIF #1: Consent Agenda Resolution R-120-02 PAGE FIVE 069 11/18/02 Moved by Becker, seconded by Argus, to concur with Staff recommendation to authorize Mayor and City Clerk to execute Real Estate Purchase Contract with Clara M. Miceli for the purchase of property located at 2661-2675 Mannheim Road in the amount of $483,000, as part of the redevelopment of the area within the boundaries of Higgins Road, Mannheim Road and Greco Avenue -TIF #6; City's Special Attorneys, Ryan and Ryan, 33 N. Dearborn Street, Suite 402, Chicago, IL 60602, be authorized to execute any and all supplemental agreements or contracts necessary to complete this transaction; and further recommend to adopt Resolution R-117-02, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A REAL ESTATE PURCHASE CONTRACT BETWEEN CLARA M. MICELI AS TRUSTEE UNDER THE CLARA M. MICELI TRUST, AND THE CITY OF DES PLAINES FOR THE PURCHASE OF PROPERTY COMMONLY KNOWN AS 2661-2 67 5 MANNHEIM ROAD, IN THE AMOUNT OF $483, 000. 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 Sayad, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute all necessary documents to finalize purchase of 1350 Northwest Highway, Pin 09-17-412-017, through Condemnation #02L 050038, in the not-to-exceed amount of $500,000, with possession of property to occur on February 1, 2003, as part of the redevelopment of the area at the northwest corner of Graceland Avenue and Northwest Highway -TIF #1; City's Special Attorneys, Ryan and Ryan, 33 N. Dearborn Street, Suite 402, Chicago, IL 60602, be authorized to execute any and all supplemental agreements or contracts necessary to complete this transaction; and further recommend to adopt Resolution R-118-02, A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY COMMONLY KNOWN AS 1350 NORTHWEST HIGHWAY IN THE AMOUNT OF $500, 000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute all necessary documents to finalize purchase of 1363-1366 Northwest Highway, Pin 09-17-412-006, -007, 011, through Condemnation #02L 050216, in the not-to- exceed amount of $500,000, with possession of property to occur on June 1, 2003, as part of the redevelopment of the area at the northwest corner of Graceland Avenue and Northwest Highway -TIF #1; City's Special Attorneys, Ryan and Ryan, 33 N. Dearborn Street, Suite 402, Chicago, IL 60602, be authorized to execute all supplemental agreements or contracts necessary to complete this transaction; and further recommend to adopt Resolution R-119-02, A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY COMMONLY KNOWN AS 1363-1366 NORTHWEST HIGHWAY IN THE AMOUNT OF $500,000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute all necessary documents to finalize purchase of 556 Graceland Avenue, Pin 09-17-412-010, through Condemnation #02L 050417, in the not-to-exceed amount of $545,000, with possession of property to occur on May 1, 2003, as part of the redevelopment of the area at the northwest corner of Graceland Avenue and Northwest Highway -TIF #1; City's Special Attorneys, Ryan and Ryan, 33 N. Dearborn Street, Suite 402, Chicago, IL 60602, be authorized to execute all supplemental agreements or contracts necessary to complete this transaction; and further recommend to adopt Resolution R-120-02, A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY COMMONLY KNOWN AS 556 GRACELAND AVENUE IN THE AMOUNT OF $545,000. Motion declared carried as approv~~ unanimously under Consent Agenda. v·· VEHICLE ENFORCEMENT AGREEMENT/ 815 E. OAKTON: Consent Agenda Resolution R-121-02 FINAL PLAT/ BUDYS FOURTH RESUBDIVISION 112 OAKWOOD: Consent Agenda FINAL PLAT/ PETER'S SUBDIVISION 2245 & 2249 WESTVIEW: DRIVEWAY VARIATION/ 1020 ALFINI: Consent Agenda PURCHASE/ LIQUID CALCIUM CHLORIDE (SALT) : Consent Agenda BID AWARD/ 9-1-1 CONSOLE FURNITURE: Consent Agenda APPOINTMENT/ DIRECTOR OF PUBLIC WORKS: Consent Agenda PAGE SIX 070 11/18/02 Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute Enforcement of Municipal Ordinances on Private Property with Town and Country Manufactured Home Community, for police, traffic and parking enforcement on property located at 815 E. Oakton Street; and further recommend to adopt Resolution R-121-02, 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 TITLE VI "POLICE REGULATIONS," VIII "HEALTH AND SANITATION" AND X "TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND TOWN AND COUNTRY MANUFACTURED HOME COMMUNITY FOR PROPERTY LOCATED AT 815 E. OAKTON STREET, DES PLAINES, ILLINOIS, FOR PARKING AND COMMON AREA ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission and Staff and approve Final Plat for Andrew Budys Fourth Addition to Des Plaines, 112 Oakwood Avenue; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to concur with recommendation of Des Plaiens Plan Commission to approve Final Palt for Peter's Subdivision, 2245 and 2249 Westview Drive; and Mayor and City Clerk be authorized to execute same. Upon roll call, the vote was: AYES: 5-Christiansen, Brookman, Becker, Smith, Arredia NAYS: 4-Beauvais, Murphy, Sayad, Argus ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of driveway from existing width of 10' to 16' in the front yard of property located at 1020 Alfini Drive; contingent upon driveway approach from the street lining up with the driveway at the petitioner's property line. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to accept low bid for joint purchase through Northwest Municipal Conference for Liquid Calcium Chloride from Sicalco Ltd., 907 N. Elm Street, Suite 100, Hinsdale, IL 60521, for approximately 12,000 gallons, for the cost of $0.2803 per gallon and a freight price of $0.0721 per gallon/MFT Funds; and City Clerk be authorized to execute IDOT Form BLR 6103 to authorize expenditure of this amount from MFT Section 00-00000-02 GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to award bid for Emergency Communications Radio Console Furniture to the lowest bidder, Chicago Communications, 200 Spangler Avenue, Elmhurst, IL 60126, in the base bid amount of $40,430, plus selected option in the amount of $9,548, for a total amount of $49,978, to be funded by the Villages of Niles and Morton Grove as part of the 9-1-1 Center expansion to accommodate these communities (no cost to the City). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Mayoral appointment of Matt Dusckett as Director of Public Works, effective immediately. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-69-02 RECLASSIF. & COMPENSATION/ MEDIA COORDINATOR: Consent Agenda ORDINANCE M-70-02 SALARY ADJUSTMENT/ COMMUNITY SVS. OFF.: Consent Agenda ORDINANCE M-71-02 RECLASSIF. & COMPENSATION/ ASST. DIR. OF ENGINEERING: Consent Agenda ORDINANCE M-72-02 CHANGE ASST. DIR. OF FIN. TO EXEMPT POSITION: Consent Agenda ORDINANCE M-73-02 ANNEXATION/ OAK.TON WEST OF ELMHURST: Consent Agenda ORDINANCE Z-27-02 VARIATION/ 2065 SPRUCE: Consent Agenda ORDINANCE Z-28-02 VARIATION/ 1401 FIFTH: Consent Agenda PAGE SEVEN 071 11/18/02 Moved by Sayad, seconded by Brookman, to adopt Ordinance M-69-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE V-A, "TECHNICAL, ENGINEERING AND INSPECTION GROUP" TO REPLACE CABLE PRODUCTION COORDINATOR WITH MEDIA COORDINATOR IN THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-70-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE III, "CLERICAL, ACCOUNTING AND MISCELLANEOUS GROUP" IN THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-71-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE IV, "SUPERVISORY AND ADMINISTRATIVE GROUP" TO REPLACE SENIOR CIVIL ENGINEER WITH ASSISTANT DIRECTOR OF ENGINEERING IN THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-72-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE ," OF CHAPTER 13 "DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES," TO ADD THE EXEMPT POSITION OF ASSISTANT FINANCE AND ADMINISTRATIVE SERVICES DIRECTOR. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-73-02, AN ORDINANCE EXPRESSING THE DESIRE AND INTENT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, TO ANNEX CERTAIN TERRITORY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance Z-27-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.1-3(C) AND 8.l-3(E) OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE (SHED) AT 2065 SPRUCE AVENUE, DES PLAINES, ILLINOIS (CASE 02-59-V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance Z-28-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.1-3 TO ALLOW AN ABOVE-GROUND SWIMMING POOL IN A SIDE AND FRONT YARD (CORNER LOT) AND SECTIONS 8.2-l(B) AND 8.2-6(A) OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A SIX FOOT, 100% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1401 S. FIFTH AVENUE, DES PLAINES, ILLINOIS (CASE 02-61-V). Motion declared carried as approved unanimously under Consent Agenda. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE BACKGROUND CHECKS/ BUSINESS LICENSES: ZONING CASE 02-58-V VARIATION/ 2010 FARGO: ANNEXATION/ 141-161 NORTH EAST RIVER ROAD: PAGE EIGHT LEGAL & LICENSING -Alderman Smith, Chair 072 11/18/02 Assistant City Attorney Bartel reviewed his memo of November 7, 2002, regarding the matter requested by the City Council on October 7, 2002 that the Staff prepare draft ordinances regarding background checks for various businesses. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council approval of proposed draft ordinances regarding background checks for various businesses, i.e. circuses and carnivals, food vehicles, day care centers, nursing homes, public passenger vehicles, rebound tumbling centers, registration of solicitors and business regulations certificates. Motion declared carried. Alderman Beauvais abstained from voting on the ordinance regarding nursing homes (conflict of interest). COMMUNITY DEVELOPMENT -Alderman Becker, Chair Director of Economic Development Schneider reviewed his memo of October 23, 2002, regarding request for a Variation to permit construction of a 17' high garage instead of the permitted 15'; there were no objectors at the Zoning Board of Appeals meeting. The petitioner, Camille Bartczak, addressed the Committee of the Whole and answered questions from the aldermen; there are other high garages in the area. Mr. Phillip Miller, 2011 Welwyn Avenue, addressed the Committee of the Whole stating that his property backs up to 2010 Fargo Avenue and he has no problem with the proposed height of the garage. Moved by Brookman, seconded by Sayad, to recommend to the City Council, re Zoning Case 02-58-V, to grant request for Variation to permit construction of a 1 7' high accessory building (garage) instead of the permitted 15' in R-1 Single Family Residential District on property located at 2010 Fargo Avenue; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Smith voted no. Assistant City Manager-EDC Director Schneider reviewed his memo of November 5, 2002, regarding the annexation of property located at 141-161 North East River Road; this matter dates back to September, 2001; the City is proposing an annexation agreement that would restrict the development to 36 units in R-3 Townhouse Residential District and an increase in guest parking by 31 spaces. Speaking in opposition to this annexation were: -a resident at 210 N. East River Road -a resident at 310 N. East River Road -Jason Schram, 480 N. East River Road -Gary Danfield, 655 River Road Speaking in favor of this annexation was: -Mrs. Alice Beyer, 527 Westmere Road who owns property at 200 N. East River Road The petitioner, Eugene Moiescu, addressed the Committee of the Whole and answered questions from the aldermen and thanked them for all the time they have given to this matter. Alderman Becker asked Mr. Moiescu if he would be the developer. Mr. Moiescu said yes and he will be living in one of the units. ANNEXATION (Cont'd. ) ZONING CASE 02-68-A MAP AMEND./ MULTI-FAMILY PARKING REQUIREMENTS: PAGE NINE 073 11/18/02 Alderman Sayad asked if all of the water concerns have been resolved. Mr. Schneider stated that this property is not in the flood plain; they must follow all our codes. Alderman Brookman spoke strongly in opposition to thi s annexation and at great length. Moved by Argus, seconded by Sayad, to recommend to the City Council that the Mayor and City Clerk be authorized to execute Annexation Agreement with Eugene Moiescu for property located at 141-161 North East River Road; and Resolution R-84-02 be adopted at appropriate time this evening. Moved by Sayad, seconded by Brookman, to call for the question. Motion declared carried. Upon roll call on the original motion, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 2-Beauvais, Brookman ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Argus, to recommend to the City Council that Ordinance A-2-01, authorizing the annexation of property located at 141-161 North East River Road, be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 2-Beauvais, Brookman ABSENT: 0-None Motion declared carried. Economic Development Director Schneider reviewed his memo of November 4, 2002, regarding amendment to Section 9 .7 of the Zoning Ordinance to require posting of directional signs in front of multi-family structures located in R-4 Central Core Residential and C-5 Central Business Districts re guest parking; and amendment to Section 3.6- 6A.-3 of the Zoning Ordinance to remove the authority from the Zoning Board of Appeals to grant parking variations up to 30% in R-4 and C-5 zones, and give it to the City Council. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole questioning the wording in the Zoning Board minutes about how many buildings would be affected with this change; he presented petitions to the City Clerk in opposition to the requirement that directional signs must be posted in front of multi-family structures; and also that Perry Street traffic become two-way. Moved by Beauvais, seconded by Sayad, to recommend to the City Council that City Attorney be authorized to draft necessary ordinance to amend Section 9.7 of the Zoning Ordinance to establish a requirement to post directional signs in front of all future constructed multi-family structures (existing buildings to be "grandfathered") located in R-4 Central Core Residential and C-5 Central Business Districts for the purpose of alerting the public to the availability of guest parking. Motion declared carried. Moved by Beauvais, seconded by Sayad, to recommend to the City Council that City Attorney be authorized to draft necessary ordinance to amend Section 3.6-6-A.-3 of the Zoning Ordinance to require all variation petitions regarding Off-Street Parking Requirements for multi- family dwellings in the R-4 Central Core Residential and C-5 Central Business Districts to be approved by the City Council. -PARKING REQ. (Cont'd. ) WARRANT REGISTER: HEALTH INSURANCE PREMIUMS/ RETIRED CITY EMPLOYEES: FUNDING/ JULY 4TH PARADE AND FESTIVITIES: MINUTES/ 10/7/02: PAGE TEN 074 11/18/02 Moved by Becker, seconded by Argus, to adopt a substitute motion that Staff be authorized to further review this amendment to the Zoning Ordinance and report back to the Committee of the Whole on December 16, 2002. MOTION DECLARED FAILED. Upon roll call on Alderman Beauvais's motion, the vote was: AYES: 4-Beauvais, Christiansen, Sayad, Brookman NAYS: 4-Murphy, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote). Moved by Becker, seconded by Argus, to recommend to the City Council that NO amendment be made to Section 3.6-6- A.-3 of the Zoning Ordinance. Upon roll call, the vote was: AYES: 4-Murphy, Becker, Smith, Argus NAYS: 4-Beauvais, Christiansen, Sayad, Brookman ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote). FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Brookman, to recommend to the City Council approval of the November 18, 2002 - Warrant Register, in the total amount of $2,511,866.53; and further recommend that Resolution R-122-02 be adopted at appropriate time this evening. Motion declared carried. City Attorney Wiltse briefly reviewed his meeting with the retired City employees on November 13, 2002, regarding health insurance premiums; no resolution was reached; further meetings are planned. Mrs. Linda Laffey, 1888 Fargo Avenue, vice president of the Retired Employees Association, addressed the Committee of the Whole stating that many meetings have been held on this matter but nothing is getting done. Moved by Brookman, seconded by Christiansen, to recommend to the City Council that the Staff be authorized to meet with the retired City employees regarding health insurance premiums on November 26 and December 3, 2002, and report back to the Committee of the Whole on December 16, 2002. Motion declared carried. Alderman Becker voted no. A brief discussion was held on funding for the July 4th Parade and Festivities; there was general agreement that there will be sufficient funds to support this event; who will coordinate the event will be decided at a later date. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Brookman, to amend and approve minutes of the regular meeting of the City Council held October 7, 2002, as follows: 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 MINUTES (Cont'd.) ORDINANCE Z-32-02 FINAL PUD/ 170 N. EAST RIVER RD.: BACKGROUND CHECKS/ BUSINESS LICENSES: ANNEXATION/ 141-161 NORTH EAST RIVER ROAD: Resolution R-84-02 Ordinance A-2-01 WARRANT REGISTER: Resolution R-122-02 HEALTH INSURANCE PREMIUMS/ RETIRED CITY EMPLOYEES: UJ:J 11 /18/0 2 PAGE ELEVEN new Police Station but we don't have the funds and can't go into further debt; every month the aldermen receive a status report of the City finances; you must see that we are in a crisis." Motion declared carried. Moved by Murphy, seconded by Becker, to place on First Reading Ordinance Z-32-02 -AS AMENDED, AN ORDINANCE GRANTING A FINAL PLANNED UNIT DEVELOPMENT (PUD) AT 170 NORTH EAST RIVER ROAD TO ALLOW THE CONSTRUCTION OF A 21 TOWNHOME DEVELOPMENT (CASE 01-55-PUD) . Motion declared carried. Aldermen Beauvais, Brookman and Smith voted no. Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole to approve proposed draft ordinances regarding background checks for various businesses, i.e. circuses and carnivals, food vehicles, day care centers, nursing homes, public passenger vehicles, rebound tumbling centers, registration of solicitors and business regulations certificates. Motion declared carried (further action on this matter under Consent Agenda on December 2, 2002) Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole that Mayor and City Clerk be authorized to execute Annexation Agreement with Eugene Moiescu for property located at 141-161 North East River Road; and further recommend to adopt Resolution R-84-02, A RESOLUTION AUTHORIZING THE EXECUTION OF AN "ANNEXATION AGREEMENT" FOR THE PROPERTY COMMONLY KNOWN AS 141-161 NORTH EAST RIVER ROAD, BY THE MAYOR AND ATTESTED TO BY THE CITY CLERK, OF THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 2-Beauvais, Brookman ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole to authorize annexation of property located at 141-161 North East River Road and place on First Reading Ordinance A-2-01, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, PROPERTY COMMONLY KNOWN AS 141 AND 161 NORTH EAST RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried. Aldermen Beauvais and Brookman voted no. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-122-02, 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: $2,511,866.53. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole that Staff be authorized to meet with the retired City employees regarding health insurance premiums on November 26 and December 3, 2002, and report back to the Committee of the Whole on December 16, 2002. Motion declared carried. Alderman Becker voted no. ZONING CASE 02-58-V VARIATION/ 2010 FARGO: ZONING CASE 02-68-A MAP AMEND./ MULTI-FAMILY PARKING REQUIREMENTS: AJOURNMENT: PAGE TWELVE 076 11/18/02 Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole, re Zoning Case 02-58-V, to grant request for Variation to permit construction of a 17' high accessory building (garage ) instead of the permitted 15' in R-1 Single Family Residential District on property located at 2010 Fargo Avenue; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Smith voted no. (further action on this matter under Unfinished Business on December 16, 2002) Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole that City Attorney be authorized to draft necessary ordinance to amend Section 9.7 of the Zoning Ordinance to establish a requirement to post directional signs in front of all future constructed multi-family structures (existing buildings to be "grandfathered") located in R-4 Central Core Residential and C-5 Central Business Districts for the purpose of alerting the public to the availability of guest parking. Motion declared carried. Alderman Sayad voted no. (further action on this matter under Unfinished Business on December 16, 2002) Moved by Becker, seconded by Argus, that NO amendment be made to Section 3.6-6-A.-3 of the Zoning Ordinance. Moved by Beauvais, seconded by Christiansen, to adopt a substitute motion that City Attorney be authorized to draft necessary ordinance to amend Section 3.6-6-A.-3 of the Zoning Ordinance to require all variation petitions regarding Off-Street Parking Requirements for multi- family dwellings in the R-4 Central Core Residential and C-5 Central Business Districts to be approved by the City Council. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Brookman, Arredia NAYS: 4-Murphy, Becker, Smith, Argus ABSENT: 0-None Motion declared carried (further action on this matter under Unfinished Business on December 16, 2002). Moved by Say ad, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:22 p.m. Donna McAllister, MMC CITY CLERK APPROVE~b DAY OF ~ , 2002 Anthon~a, MAYOR