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12-16-2002096 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 16, 2002 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:16 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 16, 2002. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Sayad, Becker, Smith, Argus. Aldermen Murphy and Brookman were absent. Alderman Murphy arrived in Executive Session at 6:19 p.m. Alderman Brookman arrived in Executive Session at 6:27 p.m. Also present were: Acting 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 Bajor, Community Development Block Grant Coordinator Broder, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: ORDINANCE M-111-02 MOTOR FUEL TAX INCREASE: ORDINANCE M-112-02 LIQ. LIC. FEES INCREASE: PRESENTATION: Moved by Becker, seconded by Sayad, to go into Executive Session to discuss collective bargaining and personnel. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Murphy, Brookman Motion declared carried. The City Council recessed at 6:17 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Pastor Tim Roames, Good News Christian Church, followed by the Pledge of Allegiance. Moved by Sayad, seconded by Christiansen, to POSTPONE until January 6, 2003, adoption of Ordinance M-111-02, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 52, "MOTOR FUEL TAX" SECTION 1, "TAX IMPOSED," scheduled to be adopted under Unfinished Business later in the meeting. Motion declared carried. Moved by Sayad, seconded by Christiansen, to POSTPONE until January 6, 2003, adoption of Ordinance M-112-02, AN ORDINANCE AMENDING TITLE IV, "BUSINESS REGULATIONS" CHAPTER 4 "LIQUOR CONTROL," SECTION 5, "LICENSE FEES AND NUMBER" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE FEE FOR LIQUOR LICENSES (FORMERLY SECTION 5-34-18 OF THE DES PLAINES CITY CODE), scheduled to be adopted under Unfinished Business later in the meeting. Motion declared carried. Police Chief Ryan and Police Sergeant Dougherty presented "Saved by the Belt" awards to Des Plaines residents Robert Swanson, Herminia Contreras, Karen DeMuth and Sandra Papic for wearing their seat belts which prevented or diminished serious injury during their recent traffic accidents in the City. PRESENTATION (Cont'd. ) HEALTH INSUR. PREMIUMS/ RETIRED EMPLOYEES: PUBLIC HEARING/ PROPOSED 2003 APPROPRIA. : CALL TO ORDER: DISCUSSION: PUBLIC HEARING/ CONSOLIDA. ANNUAL PERF. & EVALUATION REP. TO HUD: CALL TO ORDER: DISCUSSION: PAGE TWO ~ 097 12/16/02 Alderman Argus introduced Cory Bollettino, a 13 year old blind student from Mt. Prospect, who won first place at the City's karokee contest at Library Plaza last summer; Cory sang Christmas songs in English and Spanish. Mayor Arredia read his proclamation proclaiming 2003 as the Year of the Family and encouraged all residents and local organizations to become a member of the community family and thereby create mutual respect and trust. Director of Human Resources & Services Merriman and resident Mr. Eldon Burk provided a summary of some of the parent-oriented activities being planned this year. Moved by Sayad, seconded by Argus, to POSTPONE until January 20, 2003, the matter of health insurance premiums for retired employees scheduled to be discussed under Committee of the Whole later in the meeting (this matter had been previously postponed on November 4, 2002 and November 18, 2002). Motion declared carried. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 16, 2002. Mayor Arredia called the Public Hearing to order at 7:28 p.rn. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed Year 2003 Appropriations Ordinance for fiscal year beginning January 1, 2003, in the amount of $120,122,362. Director of Finance Egeberg gave a brief overview. Mayor Arredia asked for comments from the aldermen and the public. Mr. Gary Danfield, 655 River Road, addressed the City Council stating people need to know where the money is corning f rorn; he is worried; we need more time to find more money. Further action on this matter under Unfinished Business -Item 6, this evening. The Public Hearing was adjourned at 7:30 p.m. The City Council reconvened at 7:31 p.rn. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 16 , 2002 Mayor Arredia called the Public Hearing to order at 7:32 p. rn. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the City's Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 2001, detailing the City's use of Community Development Block Grant (CDBG) Funds, beginning October 1, 2001 and ending September 30, 2002. Community Development Block Grant Coordinator Broder gave a brief overview. Mayor Arredia asked for comments from the aldermen and the public. There were none. Final action on this matter under Items 8 and Sa on the Consent Agenda this evening. PUB. HEARING (Cont'd.) CITIZEN PARTICIPA.: BUCKHORN MOBILE HOME PARK/ PAGE THREE The Public Hearing was adjourned at 7:33 p.m. The City Council reconvened at 7:34 p.m. U~H 12/16/02 Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council in support of Mayor Arredia proclaiming 2003 Year of the Family; family is the hub of society. Mrs. Trish Nelson, 1109 Stockton Avenue, addressed the City Council stating that she has attended meetings about the proposed new fire station and is shocked at the size of the building and lot; the cost is staggering; we are going to have flooding; there will be noise and air pollution; she can't afford to pay for a fire station that we don't need; sell the land and build homes. Mr. Jack Cavalenes, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council stating that he attended a public hearing on the reconstruction of River Road and it was different than what the State is planning; he commended Mayor Arredia, Aldermen Becker, Christiansen, Beauvais and Director of Engineering Oakley for their efforts. Mr. Michael Paschen, 2515 Scott Street, addressed the City Council stating that his sump pump runs continually; he has spoken to his alderman; he asks that the issue be put to an end; he would like the City to excavate the manhole-fire hydrant to find out where the leak is coming from; the water is not coming from him. Alderman Becker stated that there must be a reason that the sump pump runs constantly; he would like Director of Engineering Oakley and Director of Public Works Dusckett to meet out at the property to investigate this matter; he will come too. Mr. William Brill, 2335 Eastview Drive, addressed the City Council asking that the City not raise his taxes; money is tight; we don't need a new fire station; don't lay off City employees to save money. Mrs. Sue D'Hondt, 359 Alles Street, addressed the City Council stating that she sent a letter to the Mayor and City Council on June 27, 2002, regarding the alley from Harding Avenue to Alles Street; a 6-flat is being built on a very small piece of land which will cause more problems in this alley; traffic and parking will be a problem; also garbage pickup. Alderman Beauvais asked Director of Engineering Oakley to check with the developer about these problems. Mr. Gerald Gryzik, 2284 Webster Lane, addressed the City Council stating that we don't need a fire house on Lee Street and also the tax increases. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he attended the meeting about the new fire house; why wasn't this put on a referendum for the people to decide? Moved by Becker, seconded by Sayad, that request from Buckhorn Mobile Home Park, 2993 Curtis Street, to permit placement of a 30' x 77' double-wide mobile home for use as an off ice on the area located at the southeast corner of the park along Scott Street, be referred to the Des Plaines Plan Commission for their review and then return to the City Council with their recommendation. Motion declared carried. COLLECTIVE BARGAINING/ POLICE SGTS. & LTS.: CONSENT AGENDA: LIQ. LIC. UPDATE: Ordinance M-105-02 !DOT AGREE./ RT. 14 IMPRV. Consent Agenda Ordinance M-106-02 Ordinance M-107-02 Resolution R-128-02 PAGE FOUR U~PJ 12 /16/02 Moved by Sayad, seconded by Christiansen, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding the petition for representation by the Police Sergeants and Lieutenants. Motion declared carried. A resident requested that Items 1, la, 3, 3a and 9 be removed from the Consent Agenda; and City Clerk McAllister requested that Item 15 be removed. Moved by Murphy, seconded by Becker, to establish a Consent Agenda except for Items 1, la, 3, 3a, 9 and 15. 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. Staff recommendations and requests were approved; Ordinances Z-33-02, Z-34-02, M- 79-02, M-80-02, 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- 93-02, M-95-02, M-96-02, M-97-02, M-98-02, M-99-02, M- 101-02, M-102-02 and M-103-02 were adopted; Ordinance M- 106-02, M-107-02, M-108-02 and M-109-02 were placed on First Reading; and Resolutions R-128-02, R-129-02, R- 130-02, R-131-02, R-132-02 and R-133-02 were adopted. Mr. Gary Danfield, 655 River Road, addressed the City Council stating the City is throwing more liquor licenses in this area; new liquor licenses affect the whole area; how many do we need? Moved by Argus, seconded by Becker, to concur with Staff recommendation to amend Title V, Chapter 34 "Intoxicating Liquors," Section 18 of the City Code to decrease Class A Liquor Licenses by one (1) and increase Class E by one (1) -HOUSEKEEPING ACTION; and further recommend to place on First Reading Ordinance M-105-02, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 34 -"INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE CLASS A LIQUOR LICENSES BY ONE AND INCREASE THE CLASS E BY ONE TO REFLECT NEW OWNERSHIP OF JP BLUE AT 1051 ELMHURST ROAD WITH THE NEW NAME OF LAGONDOLA. Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Agreement with Illinois Department of Transportation (IDOT) for City's portion of the cost for median removal at the west approach to U.S. Route 14 (Miner Street/Dempster Street) from Busse Highway to Luther Lane in the amount of $8,943/MFT Funds, Section 02-00187-00 RS (originally approved by the City Council on June 3, 2002 at a cost of $8,130.67, the difference being construction engineering costs of $813); and further prohibit the discharge of sanitary and industrial waste into any storm sewer and encroachments of any kind be prohibited; and further recommend to place on First Reading: Ordinance M-106-02 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS A PART OF THE U.S. ROUTE 14 (MINER/DEMPSTER) IMPROVEMENTS; AND Ordinance M-107-02 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT-OF-WAY ALONG U.S. ROUTE 14; AND adopt: Resolution R-128-02 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ILLINOIS, SPECIFICALLY THE ILLINOIS DEPARTMENT OF TRANSPORTATION, AND THE CITY OF DES PLAINES RT. 14 (Cont'd. ) TRAFFIC RESTRICTION/ PERRY ST.: Ordinance T-13-02 AMEND REDEV. AGREEMENT/ WALGREEN'S, N.W. HWY. & GRACELAND TIF #1: Consent Agenda Resolution R-129-02 MUTUAL AID AGREEMENT/ ILL. LAW ENFORCE. ALARM SYSTEM: Consent Agenda Resolution R-130-02 FIRE TESTING CONTRACT/ RESOURCE MGMT. ASSOC.: Consent Agenda Resolution R-131-02 PAGE FIVE lUU 12/16/02 IMPROVEMENTS TO U.S. ROUTE 14 FROM BUSSE HIGHWAY TO LUTHER LANE. Motion declared carried as approved unanimously under Consent Agenda. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that he didn't think people ever knew that Perry Street was one way; it is going to double traffic in this area; it is too narrow for two-way; it should be looked at again. Moved by Becker, seconded by Murphy, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title X, Chapter 7, Section 2 -"One Way Streets" of the City Code to DELETE Perry Street as a one-way street from Graceland Aveue to Ida Street, thus Perry Street will be two-way from Graceland Avenue to Lee Street; and further recommend to place on First Reading Ordinance T-13-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 7, "THROUGH AND STOP STREETS" SECTION 2, "ONE WAY STREETS" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Amendment to Redevelopment Agreement" with LAB Graceland Development, Ltd., 200 W. Russell Street, Barrington, IL 60010, entered into on October 16, 2001, to modify the total purchase price of properties located at 1396 Miner Street, 1350 Miner Street, 1374 Miner Street, 1363-1366 Miner Street and 556 Graceland Avenue, for the development of a new Walgreen's at Northwest Highway and Graceland Avenue (TIF #1), to a fixed cost of $2,410,000 rather than the previously agreed amount of $2,448,828.01 (City to absorb $38,828.01 in expenses for professional services); and further recommend to adopt Resolution R- 129-02, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT FOR THE DEVELOPMENT OF A NEW WALGREEN'S AT NORTHWEST HIGHWAY AND GRACELAND BETWEEN LAB GRACELAND DEVELOPMENT, LTD. AND THE CITY OF DES PLAINES. 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 Mutual Aid Agreement with Illinois Law Enforcement Alarm System to establish a predetermined plan for a mutual aid response to a disaster statewide to benefit the residents of Des Plaines; and further recommend to adopt Resolution R-130-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A "MUTUAL AID AGREEMENT" BETWEEN THE ILLINOIS LAW ENFORCEMENT ALARM SYSTEM AND THE CITY OF DES PLAINES FOR A STATEWIDE PREDETERMINED MUTUAL AID RESPONSE PLAN TO BENEFIT THE RESIDENTS OF THE CITY OF DES PLAINES AND THE STATE OF ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute contract with Resource Management Associates, 17037 S. Oak Park, Tinley Park, IL 60477, to provide promotional testing services for the Des Plaines Fire Department, at a cost not-to-exceed $20,000/Board of Fire & Police Commission Budget; and further recommend to adopt Resolution R-130-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR SERVICES BETWEEN RESOURCE MANAGEMENT ASSOCIATES AND THE CITY OF DES PLAINES FOR PROMOTIONAL TESTING SERVICES FOR THE DES PLAINES FIRE DEPARTMENT. Motion declared carried as approved unanimously under Consent Agenda. FIRE TESTING CONTRACT/ ILL. FIRE & POLICE RECRUITMENT: Consent Agenda Resolution R-132-02 CDBG ANNUAL PERF. & EVAL . REPORT: Consent Agenda Resolution R-133-02 LIQ. LIC./ 1051 ELMHURST RD . : FINAL PLAT/ LUXUS SUBDIV. 2133 WOLF: Consent Agenda DRIVEWAY VARIATION/ 2124 HALSEY: Consent Agenda APPOINTMENTS/ REAPPOINT . : Consent Agenda PAGE SIX 101 12 /16/02 Moved by Sayad, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute contract with Illinois Fire & Police Recruitment Administration, 1127 S. Mannheim Road, Suite 203, Westchester, IL 60154, to provide entrance testing services for Des Plaines Fire Department at a cost not-to-exceed $16,000/Board of Fire & Police Commission Budget; and further recommend to adopt Resolution R-132-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR SERVICES BETWEEN THE ILLINOIS FIRE & POLICE RECRUITMENT ADMINISTRATION AND THE CITY OF DES PLAINES FOR ENTRANCE TESTING SERVICES FOR THE DES PLAINES FIRE DEPARTMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to approve Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG) Program Year -October 1, 2001 to September 30, 2002, and City Clerk be authorized to submit the Report to the U.S. Department of Housing and Urban Development (HUD) by December 28, 2002; and further recommend to adopt Resolution R-133-02, A RESOLUTION REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2001, A REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to concur with Staff recommendation to grant request for Change of Ownerhsip for Class E Restaurant and Dining Room Liquor License for property located at 1051 S. Elmhurst Road, d/b/a La Gondola, II; contingent upon verification of fingerprints. Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Luxus Second Subdivision, 2133 S. Wolf Road, contingent upon Illinois Department of Transportation (IDOT) approval of a driveway from each lot onto Wolf Road, which is a State highway; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. 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 10.25' to 16. 5' wide on property located at 212 4 Halsey Ori ve, 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 approve Mayoral appointment/reappointments as follows: Appointment: YOUTH COMMISSION Jane Howard, term to expire December 1, 2005 Reappointments: YOUTH COMMISSION Karen Briskey, term to expire December 1, 2005 Craig Westfall, term to expire December 1, 2005 Mary Ellicson, term to expire Devember 1, 2005 HUMAN SERVICES ADVISORY COMMISSION Rozan Dien, term to expire January 31, 2006 JoAnne Ross, term to expire January 31, 2006 Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-108-02 9-1-1 SUPERV. POSITIONS: Consent Agenda ORDINANCE M-109-02 9-1-1 SUPERV. POSITIONS (HOUSEKEEP.): Consent Agenda ORDINANCE M-110-02 STREET VACATION/ PRATT-ALGER- RAILROAD: ORDINANCE Z-33-02 MAP AMEND./ 2800 BLOCK MANNHEIM: Consent Agenda ORDINANCE Z-34-02 VARIATIONS/ 2800 BLOCK MANNHEIM: Consent Agenda ORDINANCE M-79-02 YEAR 2002 TAX LEVY/ SPEC. SVS. AREA #3: Consent Agenda ORDINANCE M-80-02 YEAR 2002 TAX LEVY/ SPEC. SVS. AREA #4: Consent Agenda PAGE SEVEN 102 12/16/02 Moved by Sayad, seconded by Brookman, to place on First Reading Ordinance M-108-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" TO CREATE A NEW SCHEDULE VII-A, "TELECOMMUNICATIONS SUPERVISORY GROUP" IN THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to place on First Reading Ordinance M-109-02, 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" IN THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Argus, to AMEND Ordinance M-110-02, to ADD three (3) more conditions and that the Acting City Manager be authorized to take any additional action necessary to finalize this matter. Motion declared carried. Moved by Sayad, seconded by Becker, to adopt Ordinance M-110-02 -AS AMENDED, AN ORDINANCE FOR THE VACATION OF PRATT AVENUE, ALGER STREET AND PORTIONS OF WEST RAILROAD AVENUE LOCATED IN 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 Sayad, seconded by Brookman, to adopt Ordinance Z-33-02, AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM C-2 LIMITED OFFICE COMMERCIAL TO C-3 GENERAL COMMERCIAL LOCATED IN THE 2800 BLOCK OF MANNHEIM ROAD FOR THE PROPOSED SITE OF LA QUINTA INN (CASE 02-67- A) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance Z-34-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7. 3-6 ( D) OF THE DES PLAINES ZONING CODE TO PERMIT A BUILDING HEIGHT OF 72 FEET, WITH A 92-FOOT TOWER, INSTEAD OF THE PERMITTED HEIGHT OF 45 FEET, AND A VARIATION TO SECTION 9.7 OF THE DES PLAINES ZONING CODE TO ALLOW THE OFF-STREET PARKING REQUIREMENT TO BE REDUCED TO 0. 808 SPACES PER GUEST ROOM, INSTEAD OF THE REQUIRED 1.0 SPACES PER ROOM, ALL AT THE SOUTHEAST CORNER OF MANNHEIM ROAD AND PRATT AVENUE IN THE 2800 BLOCK OF MANNHEIM ROAD FOR THE PROPOSED SITE OF LA QUINTA INN (CASE 02-66-V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt 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 as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt 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 as approved unanimously under Consent Agenda. ORDINANCE M-81-02 ABATEMENT/ YEAR 2002A GO BONDS: Consent Agenda ORDINANCE M-82-02 ABATEMENT/ YEAR 2001 GO BONDS: Consent Agenda ORDINANCE M-83-02 ABATEMENT/ YEAR 2001B & C GO BONDS: Consent Agenda ORDINANCE M-84-02 ABATEMENT/ YEAR 2000 GO BONDS: Consent Agenda ORDINANCE M-85-02 ABATEMENT/ YEAR 1999 GO BONDS: Consent Agenda ORDINANCE M-86-02 ABATEMENT/ YEAR 1998 GO BONDS: Consent Agenda ORDINANCE M-87-02 ABATEMENT/ YEAR 1997A, B & C BONDS: Consent Agenda ORDINANCE M-88-02 ABATEMENT YEAR 19970 GO BONDS: Consent Agenda ORDINANCE M-89-02 ABATEMENT/ YEAR 1996A & B GO BONDS: Consent Agenda ORDINANCE M-90-02 ABATEMENT/ YEAR 1993: Con. Agenda PAGE EIGHT lU] 12/16/02 Moved by Sayad, seconded by Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt 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. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-88-02, ABATEMENT OF THE 2002 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-8 9-02, ABATEMENT OF THE 2002 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1996A AND SERIES 1996B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-99-02, ABATEMENT OF THE 2002 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1993. Moti,on declared carried as approved unanimously under Conse Agenda. ORDINANCE M-93-02 LIQ. LIC./ 590 CENTRAL: Consent Agenda ORDINANCE M-95-02 SALE/SURPLUS AMBULANCE: Consent Agenda ORDINANCE M-96-02 SPEC. EVENTS COMMISSION: 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-101-02 BKGD. CHECKS/ PUB. PASSENG. VEHICES: Consent Agenda ORDINANCE M-102-02 BKGD. CHECKS/ REBOUND TUMB. CENTERS: Consent Agenda ORDINANCE M-103-02 REGISTRATION OF SOLICIT. : Consent Agenda ORDINANCE T-13-02 TRAFFIC RESTRICTION/ PERRY ST.: PAGE NINE 104 12/16/02 Moved by Sayad, seconded by Brookman, to adopt 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 as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-95-02, AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES (to the Village of Crestwood) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-96-02 -AS AMENDED, AN ORDINANCE AMENDING TITLE II, "COMMISSIONS AND BOARDS" CHAPTER 16, "SPECIAL EVENTS COMMISSION." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt 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 under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt 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 Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt 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 Sayad, seconded by Brookman, to adopt Ordinance M-103-02, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 46, "REGISTRATION OF SOLICITORS" SECTION 4, "APPLICATION" TO ADD NEW LANGUAGE REGARDING BACKGROUND CHECKS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance T-13-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 7, "THROUGH AND STOP STREETS" SECTION 2, "ONE WAY STREETS" OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: T-13-02 (Cont'd.) ORDINANCE M-108-02 9-1-1 SUPERV. POSITIONS: ORDINANCE M-109-02 9-1-1 SUPERV. POSITIONS (HOUSEKEEP.): ZONING CASE 02-53-A MAP AMEND. AND ZONING CASE 02-72-CU CONDIT. USE/ 2077 DEMPSTER: 105 12/16/02 PAGE TEN AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-108-02, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" TO CREATE A NEW SCHEDULE VII-A, "TELECOMMUNICATION SUPERVISORY GROUP" IN THE DES PLAINES CITY CODE. 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 Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-109-02, 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" IN THE DES PLAINES CITY CODE. 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. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT -Alderman Becker, Chair Director of Economic Development Schneider reviewed his memo of December 3, 2002, regarding request for a Map Amendment to change the zoning from C-2 Limited Office Commercial District to C-3 General Commercial District on property located at 2077 Dempster/Miner Street; and request for Conditional Use to permit drive-through lanes for the bank proposed for this site. The petitioner, Moti Agarwal, 9350 Neenah Avenue, Morton Grove, IL 60053, addressed the Committee of the Whole and answered questions from the aldermen. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating he is concerned about this project and the changes to this area; it will cause flooding and traffic problems. Mr. Greg Lietzau, 2040 Miner Street, addressed the Committee of the Whole stating that he lives across the street from this site; traffic will be a problem; he doesn't want a C-3 zoning there; with the ATM machine, the business will be open 24 hours a day. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole asking what will happen to the property if the City doesn't approve a bank. Mr. Moti stated that he doesn't know yet. Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the Committee of the Whole stating that this property is C-2 and R-1; this is an important omission by the Staff; this property is in the flood plain; she expects the aldermen to vote no on this matter. 2077 DEMPSTER (Cont'd. ) WARRANT REGISTER: PAGE ELEVEN 106 12/16/02 Moved by Sayad, seconded by Argus, to recorrunend to the City Council to grant request, re Zoning Case 02-53-A and Zoning Case 02-72-CU, for a Map Amendment to change the zoning from C-2 Limited Office Corrunercial District to C-3 General Corrunercial District; and request for a Conditional Use to permit drive-through lanes for the proposed bank; on property located at 2077 Dempster/Miner Street (southwest corner of Dempster Street and Rand Road, adjacent to Acres Lane) ; and City Attorney be authorized to draft necessary ordinance. Moved by Beauvais, seconded by Brookman, to adopt a substitute motion to recorrunend to the City Council to DENY request, re Zoning Case 02-53-A and Zoning Case 02- 72-CU, for a Map Amendment to change the zoning from C-2 Limited Office Corrunercial District to C-3 General Corrunercial District; and request for a Conditional Use to permit drive-through lanes for the proposed bank; on property located at 2077 Dempster /Miner Street (southwest corner of Dempster Street and Rand Road, adjacent to Acres Lane). 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 Murphy, seconded by Argus, to adopt a substitute motion to recorrunend to the City Council to grant request, re Zoning Case 02-53-A and Zoning Case 02-72-CU, for a Map Amendment and Conditional Use, for property located at 2077 Dempster/Miner Street, WITHOUT the requirement that the petitioner provide a signed agreement which provides for a transfer of ownership of his property at the rear of the proposed bank to the Des Plaines Park District. Upon roll call, the vote was: AYES: 3-Murphy, Sayad, Argus NAYS: 5-Beauvais, Christiansen, Brookman, Becker, Smith ABSENT: 0-None MOTION DECLARED FAILED. Moved by Becker, seconded by Sayad, to adopt a substitute motion to recorrunend to the City Council to grant request, re Zoning Case 02-53-A and Zoning Case 02-72-CU, for a Map Amendment and Conditional Use, for property located at 2077 Dempster/Miner Street, to ADD a condition that if the petitioner is not approved for a banking license by the State of Illinois, the property would revert back to C-2 Limited Office Corrunercial District. Upon roll call, the vote was: AYES: 4-Sayad, Becker, Smith, Argus NAYS: 4-Beauvais, Christiansen, Murphy, Brookman ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote). Upon roll call on the original motion to approve, the vote was: AYES: 4-Sayad, Becker, Smith, Argus NAYS: 4-Beauvais, Christiansen, Murphy, Brookman ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote) . FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recorrunend to the City Council approval of the December 16, 2002 - Warrant Register, in the total amount of $3,426,927.05; and further recorrunend that Resolution R-134-02 be adopted at appropriate time this evening. Motion declared carried. ELECTRICAL CONTRACTORS/ LICENSE FEE & PROOF OF INSURANCE: AMENDMENT/ TOBACCO REGULATIONS: TERM LIMITS: PAGE TWELVE 107 12/16/02 Director of Finance Egeberg reviewed his memo of December 6, 2002, regarding the proposed amendment to the City Code requiring electrical contractors to pay a license fee of $50 and provide proof of insurance. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that if this is to protect people, it will be a good thing; the problem is with the "fly-by-night" people. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council to amend Title V, Chapter 5, Section 5 "Building Contractors" of the City Code to require electrical contractors to pay a $50 license fee and provide proof of insurance; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Murphy and Brookman voted no. LEGAL & LICENSING -Alderman Smith, Chair Assistant City Attorney Bartel reviewed his memo of December 6, 2002, regarding recommendation from the Coo k County Department of Public Heal th to prohibit unrestricted, self-service sales of tobacco products which make those products easily available to minors. Assistant City Attorney Bartel stated that the City Council could decide to adopt the Cook County ordinance in its current form, or amend the ordinance to allow some type of vending machine sales of tobacco product s although under the direct control of an employee, or take no action at this time. Ms. Madlan McKernan, 1920 Andy Lane, addressed the Committee of the Whole stating that bars will have to have a separate place to sell cigarettes; just to say that no machines will be allowed, is a little irresponsible. Aldermen Brookman and Christiansen stated that the City should get input from the Chamber of Commerce. Moved by Smith, seconded by Becker, to POSTPONE until January 20, 2003, further discussion on amending the tobacco regulations and this matter be reviewed with the Des Plaines Chamber of Commerce. Motion declared carried. Alderman Sayad stated that he has been asked by many of his residents that there be a discussion on term limits ; they feel that if an alderman is not doing his/her job, they can be voted out. Alderman Becker asked about a referendum. Alderman Smith stated that could be done. Alderman Murphy stated that she has not had any requests from her residents to change term limits. Alderman Christiansen stated that he has been asked by residents what can be done to extend the term limits to additional terms. Mrs. Sue D'Hondt, 359 Alles Street, addressed the Committee of the Whole stating that it takes a lot of experience to understand the job of an elected official; if they are doing a good job, why should they have to go after two (2) terms?; term limits do not serve the City well; it is not fair to anyone. Alderman Christiansen stated that it took him a full term to get a handle on this job and he is still learning; ~ build a repore with people. \Jr TERM LIMITS (Cont'd.) ORDINANCE Z-35-02 VARIATION/ 2010 FARGO: PAGE THIRTEEN 108 12/16/02 Mr. Art Lukowicz, 445 W. Millers Road, addressed the Committee of the Whole stating he is in favor of repealing the current term limits in Des Plaines; this was a big mistake; it doesn't let him vote for the person he wants; some jobs require more than two ( 2) terms; let's repeal the two (2) term limit. Mr. Jack Cavalenes, 1043 Wicke Avenue, addressed the Committee of the Whole stating that term limits are an abomination; if someone is doing a good job, they will get back in; he likes the idea of four (4) aldermen by Wards and four (4) aldermen at large. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that in 1998 residents put a referendum on the ballot; the voters voted overwhelming for this; there has not been a City-wide out cry to rescind term limits; he would hope that an intelligent candidate would get up-to-speed in a year; many States are embracing term limits. Alderman Becker asked why not let the people make the decision as to whether it should be three (3) or four (4) terms; the 1998 referendum did not give the voters those options. Alderman Smith stated that if there is to be a referendum; it should be put on by the people. Alderman Beauvais stated that she has had people tell her that they didn't really know what they were signing; she thinks voters would vote differently if there was a referendum today. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole asking who is going to carry on after these aldermen leave; the City has some serious issues coming up; term limits is not the answer; it wi l l just make more problems. Alderman Brookman stated that she is personally against term limits, but the people she represents went to the polls and voted for it. Alderman Sayad stated that he believes there is a new voice out there; people want to rethink this; we should get this on a referendum. Moved by Beauvais, seconded by Murphy, to recommend to the City Council that no action be taken by the City Council regarding term limits. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Murphy, Brookman, Smith NAYS: 3-Sayad, Becker, Argus ABSENT: 0-None Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Argus, to place on First Reading Ordinance Z-35-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3 A AND C OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (DETACHED GARAGE) AND A SIDE YARD SETBACK VARIATION AT 2010 FARGO AVENUE, DES PLAINES, ILLINOIS (CASE 02-58-V) . Motion declared carried. Alderman Smith voted no. ORDINANCE Z-36-02 TEXT AMEND./ MULTI-FAMILY PARKING REQUIREMENT: ORDINANCE M-94-02 NONRESIDENT AMBULANCE FEE INCREASE: ORDINANCE M-100-02 BKGD. CHECKS/ NURSING HOMES: ORDINANCE M-77-02 2002 PROPERTY TAX LEVY: ORDINANCE M-78-02 2003 APPROPRIA. : ORDINANCE M-91-02 WATER RATE INCREASE: PAGE FOURTEEN 109 12/16/02 Moved by Christiansen, seconded by Becker, to place on First Reading Ordinance Z-36-02, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 9.6 BY ADDING A NEW SECTION 9.6-9 TO REQUIRE ALL MULTI-FAMILY STRUCTURES LOCATED IN R-4, CENTRAL CORE RESIDENTIAL, AND C-5 CENTRAL BUSINESS DISTRICT, TO POST IN FRONT OF SAID BUILDING, DIRECTIONAL SIGNAGE FOR THE PURPOSE OF ALERTING THE PUBLIC TO THE AVAILABILITY OF GUEST PARKING AND A TEXT AMENDMENT TO SECTION 3.6-6-A.3 TO EXEMPT R-4 AND C-8 DISTRICTS FROM THE OFF-STREET PARKING OR LOADING REQUIREMENTS LOCATED THEREIN (CASE 02-68-A). Motion declared carried. Alderman Smith voted no. Moved by Sayad, seconded by Argus, to adopt 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. 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 Becker, to adopt 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. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None ABSTAIN:l-Beauvais (conflict of interest) Motion declared carried. Moved by Becker, seconded by Sayad, to adopt Ordinance M-77-002 -AS AMENDED, 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. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Sayad, Becker, Smith, Argus NAYS: 2-Murphy, Brookman ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Becker, to adopt 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. 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 Smith, to adopt Ordinance M-91-02, AN ORDINANCE AMENDING TITLE III, "DEPARTMENTS" CHAPTER 4, "WATER DEPARTMENT" SECTION 20, "RATES" TO INCREASE WATER RATES. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Smith NAYS: 3-Murphy, Brookman, Argus ABSENT: 0-None Motion declared carried. ORDINANCE M-92-02 GO NOTE/ DULLES ROAD WATER TANK & SCDA: ORDINANCE T-14-02 VARIOUS CODE VIOLATION FINES INCREASE: ORDINANCE Z-35-02 VARIATION/ 2010 FARGO: ZONING CASE 02-53-A MAP AMEND. AND ZONING CASE 02-72-CU CONDIT. USE/ 2077 DEMPSTER: WARRANT REGISTER: Resolution R-134-02 ELECTRICAL CONTRACTORS/ LICENSE FEE & PROOF OF INSURANCE: PAGE FIFTEEN 110 12/16/02 Moved by Sayad, seconded by Christiansen, to adopt Ordinance M-92-02, AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $990, 000 GENERAL OBLIGATION NOTES, SERIES 2002, OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Sayad, Becker, Smith, Argus NAYS: 2-Murphy, Brookman ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Argus, to adopt Ordinance T- 14-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 5, "STOPPING, STANDING AND PARKING" SECTION 28, "CODE VIOLATION FINES." Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Brookman, to advance to Second Reading and adopt Ordinance Z-35-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3 A AND C OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (DETACHED GARAGE) AND A SIDE YARD SETBACK VARIATION AT 2010 FARGO AVENUE, DES PLAINES, ILLINOIS (CASE 02-58-V). Upon roll call, the vote was: AYES: 7-Beauvais Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 1-Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Sayad, to grant request, re Zoning Case 02-53-A and Zoning Case 02-72-CU, for a Map Amendment to change the zoning from C-2 Limited Office Commercial District to C-3 General Commercial District; and request for a Conditional Use to permit drive- through lanes for the proposed bank; on property located at 2077 Dempster/Miner Street (southwest corner of Dempster Street and Rand Road, adjacent to Acres Lane). Upon roll call, the vote was: AYES: 4-Sayad, Becker, Smith, Argus NAYS: 5-Beauvais, Christiansen, Murphy, Brookman, Arredia ABSENT: 0-None MOTION DECLARED FAILED. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-134-02, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,426,927.05. 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 to amend Title V, Chapter 5, Section 5 -"Building Contractors" of the City Code to require electrical contractors to pay a $50 license fee and provide proof of insurance; and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Sayad, Becker, Smith, Argus NAYS: 2-Murphy, Brookman ABSENT: 0-None Motion declared carried. AMENDMENT/ TOBACCO REGULATIONS: TERM LIMITS: PETITIONS/ 916 TOUHY: AJOURNMENT: PAGE SIXTEEN 111 12/16/02 Moved by Smith, seconded by Beauvais, to concur with recommendation of Committee of the Whole to POSTPONE until January 20, 2003, further discussion on amending the tobacco regulations and this matter be reviewed with the Des Plaines Chamber of Commerce. Motion declared carried. Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole that no action be taken by the City Council regarding term limits. Motion declared carried. Aldermen Beauvais, Christiansen, Murphy, Brookman, Smith voted yes; Aldermen Sayad, Becker, Argus voted no. Mayor Arredia referred petitions received by the City Clerk on Monday, December 2, 2002, from residents opposed to the proposed rezoning from R-1 Single-Family Residential to C-3 General Commercial on property located at 916 Touhy Avenue (northeast corner of Webster Lane and Touhy Avenue), Zoning Case 02-74-A, to Staff for review and report. Moved by Sayad, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:37 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS }v 2003