12-02-2002,.·
077
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, DECEMBER 2, 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 7:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, December 2, 2002.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
Also present were: City Manager Miller, Assistant City Manager-EDC
Director Schneider, Director of Finance Egeberg, Police Chief Ryan, Fire
Chief Farinella, Director of Engineering Oakley, Director of Public Works
Dusckett, Director of Human Resources & Services Merriman, Assistant
Director of Human Resources & Services Baj or, Director of Emergency
Communications Ornberg, Assistant City Attorney Bartel and City Attorney
Wiltse.
PRAYER AND
PLEDGE:
RECOGNITION:
PUBLIC
HEARING/
TRANSFER
STATION/101-
103 SELL RD. :
CALL TO
ORDER:
DISCUSSION:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance.
Mayor Arredia and Alderman Sayad recognized those
students and teachers who participated in the recent
Muscular Dystrophy Walk-A-Thon to raise money for their
summer camp; a representative from the Muscular
Dystrophy Association accepted a check in the amount of
$950 from the students and in return presented them with
a plaque of appreciation.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 2,
2002
Mayor Arredia called the Public Hearing to order at 7:12
p. m. The Public Hearing was being held pursuant to
legal notice to obtain public comment on the application
by Disposal Management Systems, Inc., For a Transfer
Station Permit for a facility to be located at 101-103
Sell Road.
Director of Economic Development Schneider reviewed
request from Disposal Management Systems, Inc. for a new
permit from the State of Illinois that would allow them
to operate as a Transfer Station rather than a recycling
facility; by operating as a transfer station, the
company could accept loads of materials containing less
than 75% of materials that can be recycled; currently
the company must send all loads they receive that
contain less than 75% recyclable material directly to
the landfill.
Mr. C. Brooke Beal, Exe cu ti ve Director, Solid Waste
Agency of Northern Cook County, 1616 E. Golf Road, Des
Plaines, addressed the City Council stating their
opposition to this request; they have not demonstrated
a need; there are other places that could accept this
material.
Petitioner Rick Anderson, Disposal Management Systems,
Inc., addressed the City Council stating that this
facility serves a great need for the surrounding area;
they recycle construction debris; very few facilities do
that; this facility is located and operated in a manner
PUB. HEARING
(Cont'd. )
PUBLIC
HEARING/
2002 TAX
LEVY:
CALL TO
ORDER:
DISCUSSION:
CITIZEN
PARTICIPA. :
ORDINANCE
M-44-02
TELECOMMUN.
TAX:
MANCARI AUTO/
77 RAND RD.:
CONSENT
AGENDA:
PAGE TWO
that will protect the public's health, safety and
welfare.
Mayor Arredia asked for public comment. There was none.
The Public Hearing was adjourned at 7:19 p.m.
The City Council reconvened at 7:20 p.m.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 2,
2002
Mayor Arredia called the Pubic Hearing to order at 7:21
p.m. The Public Hearing was being held pursuant to
legal notice to discuss the proposed property tax levy
increase for the City of Des Plaines for 2002 tax year
levy, in the amount of $18,786,274, which represents a
15.3% increase over the previous year.
Director of Finance Egeberg stated that the amount of
the tax levy can be adjusted when this matter is
discussed on December 3, 2002.
Mayor Arredia asked for public comment.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council questioning why this matter is on the Consent
Agenda; this is misleading to the residents; they think
it is a done-deal.
Further action on this matter under Consent Agenda ,
Items 4 and 4a.
The Pubic Hearing was adjourned at 7:39 p.m.
The City Council reconvened at 7:40 p.m.
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.
Mrs. Cathy Stashak, 1753 Whitcomb Avenue, addressed the
City Council stating she is a retired 20-year
firefighter with the City of Des Plaines; she is opposed
to the proposed elimination of the Fire Prevention
Bureau; it is a highly skilled group which acts as a
front-line defense for the firefighters.
Moved by Sayad, seconded by Murphy, to POSTPONE until
December 3, 2002, discussion on the First Reading of
Ordinance M-44-02, AN ORDINANCE REPEALING TITLE V,
"BUSINESS REGULATIONS" CHAPTER 53, "TELECOMMUNICATIONS
INFRASTRUCTURE MAINTENANCE FEE" IN ITS ENTIRETY, AND
REPLACING IT WITH TITLE V, "BUSINESS REGULATIONS"
CHAPTER 53, "TELECOMMUNICATIONS TAX" IN THE CITY OF DES
PLAINES CITY CODE, scheduled to be heard under Committee
of the Whole later in the meeting. Motion declared
carried.
Moved by Smith, seconded by Sayad, to POSTPONE until
January 6, 2003, 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 Sayad requested that Items 4, 4a, 20, 20a, 23
and 23a be removed from the Consent Agenda; Alderman
Murphy requested that Items 5, 5a, 6, 6a, 7, 7a, 18 ,
18a, 19 and 19a; Alderman Brookman requested that Item~
21, 21a, 25 and 25a be removed; Alderman Beauvais 'VJ
CON. AGENDA
(Cont'd.)
MINUTES:
Consent
Agenda
ORDINANCE
M-77-02
2002 TAX
LEVY:
ORDINANCE
M-78-02
2003
APPROPRIAT . :
YEAR 2002 TAX
LEVY/ SPEC.
SERVICE AREA
ll_;_
Ordinance
M-79-02
YEAR 2002 TAX
LEVY/ SPEC.
SERVICE AREA
~
Ordinance
M-80-02
U/'J
12 /2 /02
PAGE THREE
requested that Item 37 be removed; and Alderman Smith
requested that Item 41 be removed.
Moved by Sayad, seconded by Becker, to establish a
Consent Agenda except for Items 4, 4a, 5, Sa, 6, 6a, 7,
7a, 18, 18a, 19, 19a, 20, 20a, 21, 2la, 23, 23a, 25,
25a, 37 and 41.
Moved by Becker, 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
T-12-02, Z-30-02 and Z-31-02 were adopted; Ordinances M-
81-02, M-82-02, M-83-02, M-84-02, M-85-02, M-86-02, M-
87-02, M-88-02, M-89-02, M-90-02, M-95-02, M-97-02, M-
98-02, M-99-02, M-101-02, M-102-02 and M-103-02 were
placed on First Reading; and Resolutions R-123-02, R-
125-02 and R-126-02 were adopted.
Moved by Becker, seconded by Argus, to approve minutes
of the regular meeting of the City Council held November
18, 2002, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to approve minutes
of the Executive Session of the City Council he ld
November 18, 2002. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to approve minutes
of the Executive Session of the Committee of the Whole
meeting held November 19, 2002. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to POSTPONE
discussion on First Reading of Ordinance M-77-02, AN
ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES,
COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2003 AND ENDING DECEMBER 31, 2003, until
December 3, 2002. Motion declared carried.
Moved by Murphy, seconded by Argus, to POSTPONE
discussion on First Reading of Ordinance M-78-02, AN
ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES
OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR
MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION
BILL" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003 AND
ENDING DECEMBER 31, 2003. Motion declared carried.
Moved by Beauvais, seconded by Becker, to concur with
Staff recommendation to approve Year 2002 Tax Levy for
Special Service Area Number Three (Cumberland Townhomes,
140-150 Northwest Highway) in the amount of $13,000, as
provided in Ordinance M-42-94; and further recommend to
place on First Reading Ordinance M-79-02, AN ORDINANCE
LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THREE OF
THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE
FISCAL YEAR BEGINNING JANUARY 1, 2003 AND ENDING
DECEMBER 31, 2003. Motion declared carried.
Moved by Beauvais, seconded by Becker, to concur with
Staff recommendation to approve Year 2002 Tax Levy for
Special Service Area Number Four (Woodland Townhomes,
1560-1568 Woodland Avenue) in the amount of $2,000, as
provided in Ordinance M-11-95; and further recommend to
place on First Reading Ordinance M-80-02, AN ORDINANCE
LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF
THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE
FISCAL YEAR BEGINNING JANUARY 1, 2003 AND ENDING
DECEMBER 31, 2003. Motion declared carried.
,J.
ABATEMENTL
YEAR 2002A
GO BONDS:
Consent
Agenda
Ordinance
M-81-02
ABATEMENTL
YEAR 2001
GO BONDS:
Consent
Agenda
Ordinance
M-82-02
ABATEMENTL
YEAR 2001B &
2001C GO
BONDS:
Consent
Agenda
Ordinance
M-83-02
ABATEMENTL
YEAR 2000
GO BONDS:
Consent
Agenda
Ordinance
M-84-02
ABATEMENTL
YEAR 1999
GO BONDS:
Consent
Agenda
Ordinance
M-85-02
ABATEMENTL
YEAR 1998
GO BONDS:
Consent
Agenda
Ordinance
M-86-02
ABATEMENTL
YEAR 1997At B
& C GO BONDS:
Consent
Agenda
Ordinance
M-87-02
PAGE FOUR
080
12/2/02
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 2002A
General Obligation Corporate Purpose Bonds in the amount
of $31,471,58, as provided in Ordinance M-28-02; and
further recommend to place on First Reading Ordinance M-
81-02, ABATEMENT OF THE 2002 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2002A.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 2001
General Obligation Corporate Purpose Bonds in the amount
of $369,855, as provided in Ordinance M-30-01; and
further recommend to place on First Reading Ordinance M-
82-02, ABATEMENT OF THE 2002 TAX LEVY FOR THE 2001
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 2001B and
2001C General Obligation Corporate Purpose Bonds in the
amount of $162,275 for Series 2001B and $265,043.76 for
Series 2001C, as provided in Ordinance M-72-01; and
further recommend to place on First Reading Ordinance M-
83-02, ABATEMENT OF THE 2002 TAX LEVY FOR THE 2001
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B
AND SERIES 2001C. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 2000
General Obligation Corporate Purpose Bonds in the amount
of $413, 755, as provided in Ordinance M-25-00; and
further recommend to place on First Reading Ordinance M-
84-02, ABATEMENT OF THE 2002 TAX LEVY FOR THE 2000
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Ye ar 1999
General Obligation Corporate Purpose Bonds in the amount
of $892, 358. 76, as provided in Ordinance M-6-99; and
further recommend to place on First Reading Ordinance M-
85-02, ABATEMENT OF THE 2002 TAX LEVY FOR THE 1999
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 1998
General Obligation Corporate Purpose Bonds in the amount
of $1,756,711.26, as provided in Ordinance M-24-98; and
further recommend to place on First Reading Ordinance M-
86-02, ABATEMENT OF THE 2002 TAX LEVY FOR THE 1998
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 1997A,
1997B and 1997C General Obligation Corporate Purpose
Bonds in the amount of $143, 298. 76 for Series 1997A,
$246,080 for Series 1997B and $523,900 for Series 1997C,
as provided in Ordinance M-36-97; and further recommend
to place on First Reading Ordinance M-87-02, ABATEMENT
OF THE 2002 TAX LEVY FOR THE 1997 GENERAL OBLIGATION
CORPORATE PURPOSE BONDS, SERIES 1997A, SERIES 1997B, AND
SERIES 1997C. Motion declared carried as approved
unanimously under Consent Agenda.
ABATEMENT/
YEAR 1997D
GO BONDS:
Consent
Agenda
Ordinance
M-88-02
ABATEMENT/
YEAR 1996A &
B GO BONDS:
Consent
Agenda
Ordinance
M-89-02
ABATEMENT/
YEAR 1993
GO BONDS:
Consent
Agenda
Ordinance
M-90-02
WATER RATE
INCREASE:
Ordinance
M-91-02
GO NOTE/
DULLES RD.
WATER TANK &
SCDA:
Ordinance
M-92-02
LIQ. LIC./
590 CENTRAL:
Ordinance
M-93-03
NONRESIDENT
AMBULANCE FEE
INCREASE:
Ordinance
M-94-02
UlSl
12/2/02
PAGE FIVE
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 19970
General Obligation Corporate Purpose Bonds in the amount
of $757,665, as provided in Ordinance M-60-97; and
further recommend to place on First Reading Ordinance M-
88-02, ABATEMENT OF THE 2002 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS, SERIES 19970. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 1996A and
1996B General Obligation Corporate Purpose Bonds in the
amount of $688,600 for Series 1996A and $71,280 for
Series 1996B, as provided in Ordinance M-64-96; and
further recommend to place on First Reading Ordinance M-
89-02, ABATEMENT OF THE 2002 TAX LEVY FOR GENERAL
OBLIGATION PURPOSE BONDS, SERIES 1996A, SERIES 1996B.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize abatement of Year 1993
General Obligation Corporation Purpose Bonds in the
amount of $56,796.20, as provided in Ordinance M-15-93;
and further recommend to place on First Reading Ordinance
M-90-02, ABATEMENT OF THE 2002 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1993. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to NOT amend Title
III, Chapter 4 -"Water Department," Section 20 -"Rates"
of the City Code, to increase the City's water rate by
$0 .10 per 100 cubic feet, or 4%, for each of the next
three (3) years to pay for capital projects and/or short-
term loans to fund capital projects (i.e. water mains,
tank painting) ; and NOT place on First Reading Ordinance
M-91-02. Upon roll call, the vote was:
AYES: 5-Beauvais, Murphy, Sayad, Brookman, Argus
NAYS: 3-Christiansen, Becker, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Brookman, seconded by Becker, to POSTPONE until
December 3, 2002, discussion on authorizing the City to
issue $990,000 in General Obligation Notes, Series 2002
(short-term loan) to finance painting of the Dulles Road
water tank and upgrading SCDA (Supervisory Control & Data
Acquisition), to be repaid over five (5) years from Water
Fund revenue, and placing on First Reading Ordinance M-
92-02. Motion declared carried.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to amend Title V, Chapter 34
"Intoxicating Liquors," Section 18, of the City Code, to
add one (1) Class B Bulk Sales Dealers Liquor License for
property located at 590 E. Central Road, d/b/a Payless
Liquor; contingent upon verification of fingerprints; and
further recommend to place on First Reading Ordinance M-
93-02, AN ORDINANCE AMENDING TITLE V, "LICENSES" CHAPTER
34 "INTOXICATING LIQUORS" SECTION 18, "LICENSE
LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE
THE CLASS B LIQUOR LICENSES BY ONE TO INCLUDE PAYLESS
LIQUOR LOCATED AT 590 E. CENTRAL ROAD. Motion declared
carried.
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation to amend Title VII, Chapter 11
"Nonresident Ambulance Fee," Section 3, of the City Code,
that the fee to transport a nonresident to the hospital
due to an automobile accident be increased from $250 to
$350; the fee to transport a nonresident to the hospital
due to an injury or illness be increased from $250 to
M-94-02
(Cont'd.)
DISPOSITION
OF SURPLUS
AMBULANCE/
VILLAGE OF
CRESTWOOD:
Consent
Agenda
Ordinance
M-95-02
AMENDMENT/
SPEC. EVENTS
COMMISSION:
Ordinance
M-96-02
PROPERTY TAX
ABATEMENT/
250 WIEBOLDT
& 501 WOLF:
Consent
Agenda
Resolution
R-123-02
BOND
REIMBURSE./
GO BOND
PROCEEDS,
TIF #1 & #6:
Resolution
R-124-02
MFT FUND
ABATEMENT -
1996A GO
BONDS:
Consent
Agenda
Resolution
R-125-02
PAGE SIX
082
12/2/02
$350; and further recommend to place on First Reading
Ordinance M-94-02, AN ORDINANCE AMENDING TITLE VII, "FIRE
REGULATIONS" CHAPTER 11, "NONRESIDENT AMBULANCE FEE,"
SECTION 3, "FEE ESTABLISHED" TO INCREASE CERTAIN FEES OF
AMBULANCE SERVICE. Motion declared carried. Alderman
Brookman voted no.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize City to sell One (1 ) 1995
Ford E-350 Road Rescue Ambulance (A-8), VIN
# 1FDKE30F2SHB538 97 to the Village of Crestwood, Illinois,
in the total amount of $4,300, and it would be in the
best interest of the City to accept this offer; and
further recommend to place on First Reading Ordinance M-
95-02, AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL
PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Argus, to amend the proposed
ordinance amendment for the Special Events Commission t o
include that the chairperson shall not serve more than
two (2) years. Motion declared carried.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation to amend Title II, Chapter 16 -"Special
Events Commission" of the City Code, that chairpersons be
elected by the Commission members from among current
Commission members, the chairperson shall not serve more
than two (2) years (see above amendment), and the members
attend at least four (4) meetings in a calendar year; and
further recommend to place on First Reading Ordinance M-
96-02 -As Amended, AN ORDINANCE AMENDING TITLE II,
"COMMISSIONS AND BOARDS" CHAPTER 16, "SPECIAL EVENTS
COMMISSION." Motion declared carried.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to authorize City to abate 75% of the real
estate taxes for property located at 250 Wieboldt Drive
and 501 S. Wolf Road (Sysco Food Services-Chicago, Inc.),
as agreed to in Resolution R-60-02, adopted by the City
Council on May 20, 2002, as part of the Business
Development Agreement with Sysco Food Services-Chicago,
Inc.; and further recommend to adopt Resolution R-123-02,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ABATING REAL PROPERTY TAXES FOR 250 WIEBOLDT
DRIVE AND 501 SOUTH WOLF ROAD (SYSCO FOODS-CHICAGO,
INC.). Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Christiansen, to concur with
Staff recommendation to permit the City to reimburse
itself from future proceeds of General Obligation Bonds
for TIF #1 ($8,500,000 -land acquisition and $7,000,000
-public improvements); and TIF #6 ($9, 000, 000 -land
acquisition and $2,000,000 -public improvements); these
costs are anticipated to incur before the issuance of the
bonds; and further recommend to adopt Resolution R-124-
02, A RESOLUTION OF THE CITY OF DES PLAINES, ILLINOIS,
DECLARING ITS OFFICIAL INTENT TO REIMBURSE CERTAIN
CAPITAL EXPENDITURES FROM THE PROCEEDS OF FUTURE DEBT
ISSUES. 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 Becker, seconded by Argus, to concur with Staff
recommendation that City Clerk be authorized to execute
the State of Illinois Department of Transportation's
(IDOT) "Obligation Retirement Resolution" for the
abatement of 1996A General Obligation Refunding Bonds in
the amount of $200,000 as provided in Ordinance M-64-96,
from the City's allotment of Motor Fuel Tax Funds; a~
further recommend to adopt Resolution R-125-02, A v·
R-125-02
(Cont'd.)
9-1-1 GIS
MAPPING SVS./
GEOCOM
CORPORATION:
Consent
Agenda
Resolution
R-126-02
PHYSICAL
FITNESS EQP./
FIRE STA. #3:
Consent
Agenda
FURNITURE/
FIRE STA. #3:
Consent
Agenda
REJECT BIDS/
APPARATUS
EXHAUST
REMOVAL SYS.:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
RESIGNATIONS/
CABLE SVS.
COMMISSION:
Consent
Agenda
PAGE SEVEN
mu
12/2/02
RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF
ILLINOIS DEPARTMENT OF TRANSPORTATION "OBLIGATION
RETIREMENT RESOLUTION," FOR THE PURPOSE OF ABATING THE
2002 PROPERTY TAX LEVY FOR THE 1996A GENERAL OBLIGATION
BOND. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to accept proposal from pre-qualified
bidder (April 30, 2002), GeoComm Corporation, 5800 Park
Avenue, Minneapolis, MN 55417, for the Emergency
Communications Phase 2 Mapping of 9-1-1 Calls, in the
total amount of $99,250/Budgeted Funds; and further
recommend to adopt Resolution R-126-02, A RESOLUTION
AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM GEOCOMM FOR
GIS SERVICES FOR THE EMERGENCY COMMUNICATIONS CENTER.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to grant request from Des Plaines Foreign
Fire Insurance Tax Board that City accept proposal from
Magnum Fitness Systems, 2201 12th Avenue, South
Milwaukee, WI 53172, for purchase of physical fitness
equipment for the new Workout Room at Fire Station #3, in
the total amount of $31,555.62/Foreign Fire Insurance Tax
Funds; and it would be in the best interest of the City
that usual bid procedures be waived because Magnum
Fitness Systems best fit the needs of the firefighters .
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to grant request from Des Plaines Foreign
Fire Insurance Tax Board that City accept proposal from
Henricksen & Company, 1815 W. Diehl Road, Suite 200,
Naperville, IL 60563, for purchase of furniture for
Station #3 building addition/remodeling project, in the
total amount of $39, 699. 35/Foreign Fire Insurance Tax
Funds; and it would be in the best interest of the City
that usual bid procedures be waived because this
furniture best meets the needs of the firefighters.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to reject all bids received on November 6,
2002 for Fire Station Apparatus Exhaust Removal System
because new information has been received that would be
beneficial to the City and the Foreign Fire Insurance Tax
Board regarding this project; and Staff be authorized to
re-write the specifications and rebid the project at a
later date. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for Purchase of Firefighter Boots, returnable by
3:00 p.m., Wednesday, December 18, 2002. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for Full Service Maintenance Agreement for
Elevators, returnable by 3:00 p.m., Monday, December 23,
2002. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to accept resignations of Beverly Becker,
Irene Serwa, Lynn Brayton and Marjorie Olszewski from the
DES PLAINES CABLE SERVICES COMMISSION (resignations may
be accepted by the City Council according to Section 2-
23-5 of the City Code). Motion declared carried as
approved unanimously under Consent Agenda.
ORDINANCE
M-97-02
BKGD. CHECKS/
CIRCUSES &
CARNIVALS:
Consent
Agenda
ORDINANCE
M-98-02
BKGD. CHECKS/
FOOD VEH.:
Consent
Agenda
ORDINANCE
M-99-02
BKGD. CHECKS/
DAY CARE
CENTERS:
Consent
Agenda
ORDINANCE
M-100-02
BKGD. CHECKS/
NURSING
HOMES:
ORDINANCE
M-101-02
BKGD. CHECKS/
PUBLIC PASS.
VEHICLES:
Consent
Agenda
ORDINANCE
M-102-02
BKGD. CHECKS/
REBOUND TUMB.
CENTERS:
Consent
Agenda
ORDINANCE
M-103-02
BKGD. CHECKS/
SOLICITORS
ORD . AMEND . :
Consent
Agenda
ORDINANCE
M-104-02
BKGD. CHECKS/
BUS. REGUL.
CERTIFICATE:
ORDINANCE
T-12-02
PARKING CODE
VIOLATION
PROCEDURE:
Consent
Agenda
12 /2 /02
PAGE EIGHT
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance M-97-02, AN ORDINANCE AMENDING TITLE V,
"BUSINESS REGULATIONS" CHAPTER 2, "AMUSEMENTS" SECTION 4,
"CIRCUSES AND CARNIVALS" TO ADD NEW LANGUAGE REGARDING
BACKGROUND CHECKS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance M-98-02, AN ORDINANCE AMENDING TITLE V,
"BUSINESS REGULATIONS" CHAPTER 3, "FOOD AND FOOD
ESTABLISHMENTS" SECTION 6, "FOOD VEHICLES" TO ADD NEW
LANGUAGE REGARDING BACKGROUND CHECKS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to place on Fi rst
Reading Ordinance M-99-02, AN ORDINANCE AMENDING TITLE V,
"BUSINESS REGULATIONS" CHAPTER 5, "OTHER BUSINESSES"
SECTION 12, "DAY CARE CENTER" TO ADD NEW LANGUAGE
REGARDING BACKGROUND CHECKS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to place on First
Reading Ordinance M-100-02, AN ORDINANCE AMENDING TITLE
V, "BUSINESS REGULATIONS" CHAPTER 5, "OTHER BUSINESSES"
SECTION 22, "NURSING HOMES" TO ADD NEW LANGUAGE REGARDING
BACKGROUND CHECKS. Motion declared carried. Alderman
Beauvais abstained (conflict of interest).
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance M-101-02, AN ORDINANCE AMENDING TITLE
V, "BUSINESS REGULATIONS" CHAPTER 5, "OTHER BUSINESSES"
SECTION 25, "PUBLIC PASSENGER VEHICLES " TO ADD NEW
LANGUAGE REGARDING BACKGROUND CHECKS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance M-102-02, AN ORDINANCE AMENDING TITLE
V, "BUSINESS REGULATIONS" CHAPTER 5, "OTHER BUSINESSES"
SECTION 26, "REBOUND TUMBLING CENTERS" TO ADD NEW
LANGUAGE REGARDING BACKGROUND CHECKS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance M-103-02, AN ORDINANCE AMENDING TITLE
V, "BUSINESS REGULATIONS" CHAPTER 46, "REGISTRATION OF
SOLICITORS" SECTION 4, "APPLICATION" TO ADD NEW LANGUAG E
REGARDING BACKGROUND CHECKS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Smith, seconded by Christiansen, to POSTPONE
until January 6, 2003, under Committee of the Whole,
discussion on the First Reading of Ordinance M-104-02, AN
ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS"
CHAPTER 48, "BUSINESS REGULATION CERTIFICATES" SECTION 3,
"APPLICATIONS" TO ADD NEW LANGUAGE REGARDING BACKGROUND
CHECKS. Motion declared carried.
Moved by Becker, seconded by Argus, to adopt Ordinance T-
12-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAFTEP
5, "STOPPING, STANDING AND PARKING" SECTION 28, "CODF:
VIOLATION FINES." Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE
Z-30-02
CONDIT. USE/
170
CAMBRIDGE:
Consent
Agenda
ORDINANCE
Z-31-02
VARIATION/
1444
CAMPBELL:
Consent
Agenda
APPOINTMENT/
REAPPOINT . :
9-1-1
SUPERVISORY
POSITIONS:
ZONING CASE
02-67-A
MAP AMEND. &
STREET
VACATION/
2800 BLOCK OF
MANNHEIM
TIF #6
(LaQuinta) :
PAGE NINE
085
12/2/02
Moved by Becker, seconded by Argus, to adopt Ordinance z-
30-02, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 7. 2-4 ( D) OF THE CITY OF DE S
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 Becker, seconded by Argus, to adopt 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.
Presented for consideration (no action required) were the
following Mayoral appointment/reappointments:
Appointment:
YOUTH COMMISSION
Jane A. Howard (replacing Richard Quast)
Reappointments:
YOUTH COMMISSION
Karen Briskey, Craig Westfall, Mary Ellicson
HUMAN SERVICES ADVISORY COMMISSION
Rozan Dien, JoAnne Ross
(final action on this matter under Consent Agenda on
December 16, 2002)
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
PUBLIC SAFETY -Alderman Beauvais, Chair
Director of Emergency Communications Ornberg reviewed her
memo of November 19, 2002, regarding the Staff
recommendation that two (2) positions be reclassifi e d as
part of the 9-1-1 Center expansion to add the Villages of
Niles and Morton Grove; the Operations Supervisor would
become the Deputy Director and the Training
Supervisor /Specialist would become the Manager of Support
Services; funds are budgeted and are provided for as part
of a cost sharing program between the four (4)
communities based on work load.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation and recommend to the City Council t o
reclassify the 9-1-1 positions of Operations Supervisor
to Deputy Director and the Training Supervisor /Specialist
to the Manager of Support Services; the job descriptions
indicate that these are exempt positions; and City
Attorney be authorized to draft necessary ordinance.
Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Assistant City Manager-EDC Director Schneider reviewed
his memo of November 20, 2002, regarding request from
LaQuinta Properties, Inc. that the property in the 2800
block of Mannheim Road be rezoned from C-2 Commercial to
C-3 Commercial and Alger Street and Orchard Place be
vacated in consideration of a 1% increase in hotel/motel
tax.
LAQUINTA
(Cont'd.)
ZONING CASE
02-66-V
VARIATIONS/
HEIGHT AND
PARKING
2800 BLOCK
MANNHEIM
TIF #6
(LaQuinta) :
WARRANT
REGISTER:
GROUNDWATER
WELLS/63 W.
AND 75 W.
ALGONQUIN:
uoo
12/2/02
PAGE TEN
Alderman Sayad asked that the record show that he
questioned the petitioners, Richard Klawiter and Tim
Peters, whether the 1% increase in hotel/motel tax would
be for the life of the TIF. The petitioners said yes.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that hotels are a
nightmare for Des Plaines; hang out for trouble; we
should solve these problems before we add more hotels.
Moved by Beauvais, seconded by Sayad, to concur with
recommendation of Des Plaines Plan Commission and Staff,
and recommend to the City Council, re Zoning Case 02-67-
A, that the City Attorney be authorized to draft the
necessary ordinances to change the zoning for property
located at the southeast corner of Mannheim Road and
Pratt Avenue, in the 2800 block of Mannheim Road, from C-
2 Limited Office Commercial District to C-3 General
Commercial District, and vacate Alger Street right-of-way
extending east-west between Mannheim Road and Orchard
Place, and Orchard Place right-of-way extending south
from Pratt Avenue and dead-ending at the I-90 Tollway;
and these ordinances be placed on First Reading at
appropriate time this evening. Motion declared carried.
Assistant City Manager-EDC Director Schneider reviewed
his memo of November 20, 2002, regarding request from
LaQuinta Properties, Inc. for a Variation to permit a
building height of 72' with a 92' tower instead of the
permitted height of 45'; and further request a Variation
to permit a hotel with 0.808 parking spaces per guest
room instead of the required 1.0 spaces per guest room
for property located at the southeast corner of Mannheim
Road and Pratt Avenue, in the 2800 block of Mannheim
Road.
Moved by Beauvais, seconded by Sayad, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, re Zoning Case 02-66-V, that City Attorney be
authorized to draft necessary ordinances to permit a
building height of 72' with a 92' tower instead of the
permitted height of 45'; and a Variation to permit a
hotel with 0.808 parking spaces per guest room instead of
the required 1. 0 spaces per guest room, for property
located at the southeast corner of Mannheim Road and
Pratt Avenue, in the 2800 block of Mannheim Road; and
these ordinances be placed on First Reading at
appropriate time this evening. Motion declared carried.
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Brookman, to recommend
to the City Council approval of the December 2, 2002 -
Warrant Register, in the total amount of $4,171,005.98;
and further recommend that Resolution R-127-02 be adopted
at appropriate time this evening. Motion declared
carried.
BUILDING CODE -Alderman Murphy, Chair
Assistant City Attorney Bartel reviewed his memo of
November 19, 2002, regarding requests from residents at
63 W. And 75 W. Algonquin Road to keep and be allowed to
use the groundwater wells currently existing on their
properties for non-human consumption purposes; in
September of 2000, these owners signed agreements that
they would disconnect and cap their groundwater wells,
which they have not done; since no variation is permitted
on an individual basis to residents who wish to keep the
groundwater wells, an amendment to the ordinance would be
necessary; various City departments have stated their
opposition to this change.
WELLS
(Cont'd. )
ORDINANCE
A-2-02
ANNEXATION/
141-161 N.
EAST RIVER:
ORDINANCE
M-75-02
LIQ. LIC./
586 OA.KTON:
ORDINANCE
M-76-02
ASST. DIR.
OF ENGRG./
EXEMPT
POSITION:
ORDINANCE
Z-29-02
CONDIT. USE/
1256 RAND:
Ulj/
12/2/02
PAGE ELEVEN
Alderman Argus stated that she supports these request s ;
other communities allow this; she will be voti ng yes.
Alderman Beauvais stated that she will be voting no; t his
would open up a can of worms; she doesn't want to take a
chance on contamination.
Mr. Kenneth Ivaska, 75 W. Algonquin Road, addressed t he
Committee of the Whole, stating that he fully intended to
cap his well but then found out that other towns do not
require this.
Moved by Murphy, seconded by Brookman, to POSTPONE u ntil
January 20, 2003, further discussion on the groundwater
wells at 63 W. and 75 W. Algonquin Road and Staff be
authorized to research this matter further, i.e. survey
of other communities, def ini ti on of abandon. Motion
declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Becker, to adopt Ordinance
Z-2-02, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY
OF DES PLAINES, COOK COUNTY, ILLINOIS, PROPERT Y COMMONLY
KNOWN AS 141 AND 161 NORTH EAST RIVER ROAD, DES PLAINES,
ILLINOIS. 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 Smith, to adopt 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 ).
Upon roll call, the vote was:
AYES: 5-Murphy, Sayad, Becker, Smith, Argus
NAYS: 3-Beauvais, Christiansen, Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Murphy, seconded by Sayad,
Director of Engineering shall have the
and discharge the Assistant Director of
the consent of the City Manager.
carried.
to add that t he
power to appoin t
Engineering WITH
Motion declared
Moved by Murphy, seconded by Brookman, to adopt
Ordinance M-76-02 -AS AMENDED, AN ORDINANCE AMENDING
TITLE I "ADMINISTRATIVE" OF CHAPTER 14 "DEPARTMENT OF
ENGINEERING" TO ADD THE EXEMPT POSITION OF ASSISTANT
DIRECTOR OF ENGINEERING. Upon roll call, the v ote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Argus, to adopt 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) . Upon roll call,
the vote was:
AYES: 6-Christiansen, Murphy, Brookman,
Becker, Smith, Argus
NAYS: 2-Beauvais, Sayad
ABSENT: 0-None £\/fl
Motion declared carried. '1'
ORDINANCE
Z-32-02
AS AMENDED
170 NORTH
EAST RIVER:
9-1-1
SUPERVISORY
POSITIONS:
ZONING CASE
02-67-A
MAP AMEND. &
STREET
VACATION/
2800 BLOCK OF
MANNHEIM
TIF #6
(LaQuinta) :
ZONING CASE
02-66-V
VARIATIONS/
HEIGHT AND
PARKING
2800 BLOCK
MANNHEIM
TIF #6
(LaQuinta) :
WARRANT
REGISTER:
Resolution
R-127-02
PAGE TWELVE
088
12/2/02
Moved by Becker, seconded by Sayad, to adopt 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) .
Moved by Beauvais, seconded by Brookman, to adopt a
substitute motion that the adoption of Ordinance Z-32-02
-AS AMENDED, be POSTPONED until December 16, 2002.
MOTION DECLARED FAILED. Aldermen Beauvais, Christiansen
and Brookman voted yes.
Upon roll call on the original motion, the vote was:
AYES: 5-Christiansen, Murphy, Sayad, Becker, Argus
NAYS: 3-Beauvais, Brookman, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to
reclassify the 9-1-1 positions of Operations Supervisor
to Deputy Director and the Training Supervisor/
Specialist to the Manager of Support Services; the job
descriptions indicate that these are exempt positions;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried (further action on
this matter under Consent Agenda on December 16, 2002).
Moved by Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole, re Zoning Case
02-67-A, that the City Attorney be authorized to draft
the necessary ordinances to change the zoning for
property located at the southeast corner of Mannheim
Road and Pratt Avenue, in the 2800 block of Mannheim
Road, from C-2 Limited Office Commercial District to C-3
General Commercial District, and vacate Alger Street
right-of-way extending east-west between Mannheim Road
and Orchard Place, and Orchard Place right-of-way
extending south from Pratt Avenue and dead-ending at the
I-90 Tollway; and these ordinances are now considered on
First Reading. Motion declared carried (further action
on this matter under Consent Agenda on December 16,
2002).
Moved by Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole, re Zoning Case
02.:...66-V, that City Attorney be authorized to draft
necessary ordinances to permit a building height of 72'
with a 92' tower instead of the permitted height of 45';
and a Variation to permit a hotel with 0.808 parking
spaces per guest room instead of the required 1.0 spaces
per guest room, for property located at the southeast
corner of Mannheim Road and Pratt Avenue, in the 2800
block of Mannheim Road; and this ordinance is now
considered on First Reading. Motion declared carried
(further action on this matter under Consent Agenda on
December 16, 2002).
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-127-02, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$4,171,005.98. 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.
GROUNDWATER
WELLS/63 W.
AND 75 W.
ALGONQUIN:
AJOURNMENT:
PAGE THIRTEEN
089
12/2/02
Moved by Murphy, seconded by Argus, to concur with
recommendation of Committee of the Whole to POSTPONE
until January 20, 2003, further discussion on the
groundwater wells at 63 W. and 75 W. Algonquin Road and
Staff be authorized to research this matter further,
i.e. survey of other communities, definition of abandon.
Motion declared carried.
Moved by Brookman, seconded by Becker, that the regular
meeting of the City Council adjourn AND RECONVEN AT 7:00
P .M. ON TUESDAY, DECEMBER 3, 2002. Motion declared
carried. Meeting adjourned at 10:33 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS ~~'-C>~~~