01-06-2003113
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, JANUARY 6, 2003
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, January 6, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Becker,
Argus. Alderman Brookman arrived in Executive
Session at 6:32 p.m. Alderman Smith arrived in
Executive Session at 6:34 p.m.
Also present were: Acting City Manager-EDC Director Schneider,
Director of Finance Egeberg, Police Chief Ryan, Deputy Fire Chief
Heavey, Director of Engineering Oakley, Director of Public Works
Dusckett, Director of Human Resources & Services Merriman, Assistant
City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
Moved by Sayad, seconded by Argus, to go into
Executive Session to discuss biannual review of
executive session minutes and acquisition of real
property. Upon roll call, the vote was:
AYES: 6-Beauvias, Christiansen, Murphy, Sayad,
Becker, Argus
NAYS: 0-None
ABSENT: 2-Brookman, Smith
Motion declared carried.
The City Council recessed at 6:31 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
Reid, Bethesda Worship Center,
Pledge of Allegiance to the Flag.
Pastor Charles L.
followed by the
Mayor Arredia introduced Dr. Robert Howard,
Superintendent of School District 59, and presented
the District with a proclamation declaring January
as School Board of Education Recognition Month.
Mayor Arredia recognized Police Officer Laurie Weber
who went out of her way to assist two residents with
an alleged theft problem.
Mayor Arredia introduced Community Health Nurse
Madeline May who spoke on the Year of the Family and
the various programs that will take place during the
year as coordinated by the Family Health Committee.
Mayor Arredia and Alderman Sayad thanked Nancy Bang
of Terrace School for inviting the City to
participate in the school's "Learning Links
Program."
PUBLIC
HEARING/
PROPOSED
ANNEXATION/
9661 GOLF RD.:
CALL TO ORDER:
DISCUSSION:
PUBLIC
HEARING/
PROPOSED
ANNEXATION/
45 S.E. RIVER:
CALL TO ORDER:
DISCUSSION:
114
01/06/03
PAGE TWO
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, JANUARY
6, 2003.
Mayor Arredia called the Public Hearing to order at
7:19 p.m. The Public Hearing was being held
pursuant to legal notice to give citizens the
opportunity to comment on the proposed annexation of
9661 Golf Road (Fisherman's Dude Ranch).
Acting City Manager Schneider gave a brief overview
of the annexation.
Mayor Arredia asked for comments from the aldermen
and the public.
Mr. Gary Danfield, 655 River Road, addressed the
City Council stating that this is a high crime area;
the police and fire departments should visit this
area and investigate it.
Mr. Jason Schram, 480 N. East River Road, addressed
the City Council stating that something bold should
be done with this property; acquire this property
and use it for flood mitigation; this property is in
a flood plain.
A resident at
Council stating
the area.
9672
that
Redding,
there is
addressed the City
no detailed plan of
A resident at 2320 Bellaire Court, addressed the
City Council stating that this will increase traffic
in the area; Potter Road is full of potholes.
Mr. Greg Lietzau, 2040 Miner Street, addressed the
City Council stating that he doesn't understand why
anyone would want to annex into Des Plaines.
Further action on this matter at the January 13,
2003 Committee of the Whole meeting.
The Public Hearing was adjourned at 7:27 p.m.
The City Council reconvened at 7:28 p.m.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY JANUARY 6,
2003.
Mayor Arredia called the Public Hearing to order at
7:28 p.m. The Public Hearing was being held
pursuant to legal notice to give citizens the
opportunity to comment on the proposed annexation of
45 South East River Road.
Acting City Manager Schneider gave a brief overview
of the proposed annexation.
Mayor Arredia asked for comments from the aldermen
and the public.
45 S.E. RIVER:
(Cont'd.)
CITIZEN
PARTICIPA. :
BIANNUAL
REVIEW/
EXEC. SESS.
MINUTES:
115
01/06/03
PAGE THREE
Ms. Laura Axis, 9501 Bay Colony Drive, addressed the
City Council stating that she is the Property
Manager for Bay Colony; the residents do not
understand the annexations; Bay Colony would be
surrounded.
Mr. Greg Lietzau, 2040 Miner Street, addressed the
City Council stating that if Bay Colony Condominiums
is annexed it would have an effect on the schools;
is the City willing to build another school?
The Public Hearing was adjourned at 7:38 p.m.
The City Council reconvened at 7:39 p.m.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
City Council stating that he has heard that the only
City that can have term limits is Chicago; all
others are a violation of State Statute.
Mr. Michael Lake, 153 8 Campbell Avenue, addressed
the City Council stating that City staff has been
professional and courteous whenever he has requested
anything; thank you to the staff.
Mr. Ronald Moore, 1480 Jefferson Street, addressed
the City Council stating that the debris from the
train accident near Prairie Lakes is still there;
when will it be cleaned up?
Mr. Gary Danfield, 655 River Road, addressed the
City Council stating that he monitored the Optimist
tree lot; other tree lots were cleaned up by
Christmas day, but not the Optimist lot; set-up and
clean up must be monitored.
Mr. Vince Powers, 862 Webster Lane, addressed the
City Council stating that the City Council does not
follow City Council procedures; the chairman is
responsible for keeping within these guidelines; the
future City Manager should be given the power to
hire and fire Department Heads; when a resident has
an inquiry, report back to the resident and the City
Council.
Moved by Smith, seconded by Argus, to concur with
consensus in Executive Session that the following
Executive Session minutes, or portions thereof, no
longer require confidential treatment and are
available for public inspection as recommended by
City Attorney Wiltse in his memo of December 19,
2002:
January 15, 1996 -Hiring of Attorney
Krall v. City and James v. City
September 11, 1996 -Pending Litigation
Caputo v. City
June 9, 1997 -Pending Litigation
November 17, 1997
Demolition of Des Plaines Mall
-Employment of Personnel
Assistant City Attorney
April 20, 1998 -Workmen's Compensation
Lori Neubauer v. City
September 21, 1998 -Personnel
Early Retirement Program
October 19, 1998 -Personnel
Early Retirement Program
EXEC. SESS.
MINUTES
(Cont'd.)
ACQUISITION
OF PROPERTY/
LEVEE #50:
MANCARI AUTO
GROUP/
77 RAND ROAD:
CONSENT
AGENDA:
116
01/06/03
April 5, 1999
December 6, 1999
July 17, 2000
September 6, 2000
October 2, 2000
PAGE FOUR
-Pending Litigation
DiPaolo v. City
-Pending Litigation
Eleanor Goss v. City
-Personnel
Appointment of Police Chief
-Pending Litigation
Sheryl Young v. City
-Adult Bookstore Appeal
Worker's Compensation Claims
Stephen Foster v. City
Mary Ellen Boho v. City
James Dixon v. City
September 17, 2001 -Acquisition of Real Property
1925 Busse Highway
February 20, 2002 -Executive Session Minutes
(Biannual Review)
July 15, 2002 -Executive Session Minutes
(Biannual Review)
It was also the consensus of the aldermen that the
need for confidentiality still exists as to all or
part of the remaining minutes. Motion declared
carried.
Moved by Christiansen, seconded by Murphy, to concur
with consensus in Executive Session that Staff be
authorized to negotiate a land purchase with the
Solid Waste Agency of Northern Cook County;
negotiate an easement agreement with the Forest
Preserve District of Cook County; and, if necessary,
negotiate an intergovernmental agreement with the
Village of Mount Prospect, the Village of Prospect
Heights, and the Illinois Department of Natural
Resources; and authorize an expenditure in the not
to exceed amount of $17 0, 000 from budgeted Capital
Improvement Funds to purchase the necessary property
for the Levee 50 project. Motion declared carried.
Moved by Smith, seconded by Argus, to POSTPONE until
February 18, 2003, the matter of the Business
Development Agreement and the 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 Murphy requested that Item 6, 6a and 14 be
removed from the Consent Agenda; Alderman Argus
requested that Item 15 be removed; Alderman Brookman
requested that Item 18 be removed.
Moved by Beauvais, seconded by Becker, to establish
a Consent Agenda except for Items 6, 6a, 14, 15 and
18. Motion declared carried.
Moved by Sayad, seconded by Beauvais, 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.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances M-105-02, M-106-
02 and M-107-02 were adopted; Ordinances T-2-03, z-
1-03 and Z-2-03 were placed on First Reading; and
Resolutions R-1-03 and R-2-03 were adopted.
MINUTES:
Consent
Agenda
TRAFFIC
RESTRICTION/
FIFTH AVE.:
Ordinance
T-1-03
TRAFFIC
RESTRICTION/
FARGO AVE.:
Consent
Agenda
Ordinance
T-2-03
ZONING CASE
02-75-V
VARIATION/
1974 MINER:
Consent Agenda
Ord. Z-1-03
117
01/06/03
PAGE FIVE
Moved by Sayad, seconded by Beauvais, to approve the
partial minutes of the regular meeting of the City
Council held December 2, 2002, as published. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve the
minutes of the reconvened regular meeting of the
City Council (held December 3, 2002) and the special
meeting of the City Council, held on December 3,
2002, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve the
minutes of the Executive Session of the City Council
held December 3, 2002. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve the
minutes of the regular meeting of the City Council
held December 16, 2002, as published. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve
minutes of the Executive Session of the City Council
held December 16, 2002. Motion declared carried as
approved unanimously under Consent Agenda.
Motion by Murphy, seconded by Sayad, to POSTPONE
until February 3, 2002, recommendation of Staff
Traffic Advisory Committee (STAC) to amend Title X,
Chapter 5, Section 17 "Parking Prohibited in
Designated Places" of the City Code to move on-
street parking from the west to the east side of
Fifth Avenue between Thacker Street and Fifth Court;
and further recommend to place on First Reading
Ordinance T-1-03, AN ORDINANCE AMENDING TITLE X,
"TRAFFIC, II CHAPTER 5, "STOPPING, STANDING AND
PARKING" SECTION 17, "PARKING PROHIBITED IN
DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY
CODE. Motion declared carried.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Staff Traffic Advisory Committee
( STAC) to amend Title X, Chapter 7, Section 4
"Yield Right of Way" of the City Code that the
following streets yield to Fargo Avenue: Ash Street
(north and southbound), Chestnut Street
(northbound) , Pine Street (northbound) , Spruce
Avenue (north and southbound) ; and Spruce Avenue
(north and southbound) shall yield to Highland
Avenue; and further recommend to place on First
Reading Ordinance T-2-03, AN ORDINANCE AMENDING
TITLE x, "TRAFFIC, II CHAPTER 7 I "THROUGH AND STOP
STREETS I II SECTION 4 I "YIELD RIGHT OF WAY I II IN THE
CITY CODE OF THE CITY OF DES PLAINES. Motion
declared carried as
Consent Agenda.
approved unanimously under
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of
Appeals, re Zoning Case 02-75-V, to grant request to
permit a monument sign on a lot with a frontage less
than 75', contingent upon the sign size being
reduced by 1/3, 3.33' tall x 6.5' long (instead of
Z-1-03
(Cont'd.)
ZONING CASE
02-76-V
VARIATION/
2625-2651
HINSDALE RD. :
Consent
Agenda
Ordinance
Z-2-03
PUB. IMPROV.
WANDA'S
RESUBDIVISION
2161 & 2165
DOUGLAS:
Consent
Agenda
Resolution
R-1-03
PUB. IMPROV.
ART 2 HOMES
SUBDIVISION
2345 & 2357
EASTVIEW:
Consent
Agenda
Resolution
R-2-03
118
01/06/03
PAGE SIX
the proposed 5' tall x 10' long), and the sign
lighting must be designed to avoid casting any glare
on neighboring properties; on property located at
1974 Miner Street in C-2 Limited Office Commercial
District; and further recommend to place on First
Reading Ordinance Z-1-03, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 11.6-B TO PERMIT A MONUMENT
SIGN ON A LOT WITH A FRONTAGE OF 66 FEET INSTEAD OF
THE MINIMUM PERMITTED FRONTAGE OF 7 5 FEET, AND A
HEIGHT OF 5.83 FEET INSTEAD OF THE MAXIMUM PERMITTED
HEIGHT OF 5.0 FEET, LOCATED AT 1974 MINER STREET,
DES PLAINES, ILLINOIS (CASE 02-75-V). Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of
Appeals, re Zoning Case 02-76-V, to grant request to
permit a manufacturing silo with a height of 71' and
a conveyor height of 87' instead of the permitted
40', and to permit open storage bins with a front
yard setback of 0' instead of the required 50', and
with side yard setbacks of 0' instead of the
required 25'; on property located at 2625-2651
Hinsdale Road in M-2 General Manufacturing District;
and further recommend to place on First Reading
Ordinance Z-2-03, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 7. 4-5 (D) OF THE CITY OF DES
PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION
OF AN OVERSIZED ACCESSORY STRUCTURE AT 2625-2651
HINSDALE ROAD IN DES PLAINES, ILLINOIS (CASE 02-76-
V) . Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept Public Improvements
that include a sanitary sewer, a public sidewalk and
parkway restoration for Wanda's Resubdivision, 2161
and 2165 Douglas Avenue; and authorize release of
$1, 500 Letter of Credit (cash warranty of $150 has
been deposited and will be held for 18 months); and
further recommend to adopt Resolution R-1-03, A
RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR
WANDA'S RESUBDIVISION LOCATED AT 2161 AND 2165
DOUGLAS AVENUE, DES PLAINES I ILLINOIS. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept Public Improvements
that include a storm sewer, a catch basin, public
sidewalks and tree planting for Art 2 Homes
Subdivision, 2345 and 2357 Eastview Drive; and
authorize release of public improvement surety in
the amount of $5,625 (cash warranty in the amount of
$625 will be held for 18 months); and further
recommend to adopt Resolution R-2-03, A RESOLUTION
APPROVING THE PUBLIC IMPROVEMENTS FOR ART 2 HOMES
SUBDIVISION LOCATED AT 2345 AND 2357 EASTVIEW DRIVE,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
DENY 6(b)
CLASSIFICATION
2100 s.
CLEARWATER:
Consent
Agenda
BID AWARD/
FIREFIGHTER
BOOTS:
Consent
Agenda
BID AWARD/
DULLES ROAD
STORAGE TANK
PAINTING:
TRADE-IN/
LEAF BLOWER
ATTACHMENT:
REJECT BID/
SALT STORAGE
FACILITY:
Consent
Agenda
REPEAL ACTION/
ALUMINUM FENCE
PROPOSAL:
Consent
Agenda
119
01/06/03
PAGE SEVEN
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to deny request from Chicago
Faucet Company, 2100 S. Clearwater Drive, Des
Plaines, to renew their Class 6b Classification for
Cook County Real Estate Tax purposes, due to the
City's current budgetary constraints and it would
also give another company the opportunity to apply
for a 6b Tax Classification. Motion declared
carried as approved unanimously under Consent Agenda
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award bid for Purchase of
Firefighter Boots to the lowest bidder, W. S. Darley
& Company, 2000 Anson Drive, Melrose Park, IL 60160,
in the total bid amount of $16, 965. 80/Foreign Fire
Insurance Tax Board Funds. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with
Staff recommendation to award bid for Painting of
the Dulles Road Elevated Storage Tank to the second
lowest bidder, Jetco Ltd., P.O. Box 934, Prospect
Heights, IL 60070, in the total alternate bid amount
of $289,060/2003 Water Fund Improvement, as
recommended by the City's consultant; said action to
be in the best interest of the City. Motion
declared carried. Aldermen Murphy, Brookman and
Argus voted no.
Moved by Beauvais, seconded by Brookman, to concur
with Staff recommendation to authorize trade-in of
leaf blower attachment (purchased as part of the
Sidewalk Maintenance Tractor approved on March 6,
2000) for a brand new Boom Mounted Mower, at no cost
and which would better serve the City. Motion
declared carried. Aldermen Murphy and Argus voted
no.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to reject single bid received
on October 30, 2002 (opened on November 4, 2002) for
Salt Storage Facility at Public Works Department,
1111 Joseph J. Schwab Road, from Dome Corporation of
North America, 5450 East Street, Saginaw, MI 48601,
in the amount of $449,705, and this project be rebid
at some future date. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to repeal action taken by the
City Council on November 4, 2002, to accept proposal
from Meier's Outdoor World, 155 S. Sayton Road, Fox
Lake, IL 60020, to furnish and install an aluminum
fence along the parking lot of Ellinwood Street,
south of the METRA train tracks, between Des
Plaines-River Road (east end) and Graceland Avenue
(west end), in the amount of $46, 225/TIF #1 Funds,
because the required "Prevailing Wage Act" clause
was not incorporated into the proposal document; and
this project be advertised for bid. Motion declared
carried as approved unanimously under Consent
Agenda.
ADVERTISING
FOR BID/
BRONZE FENCE:
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-105-02
LIQUOR LICENSE
UPDATE:
Consent
Agenda
ORDINANCE
M-106-02
PROHIB.
DI CHARGE
RT 14:
Consent
Agenda
ORDINANCE
M-107-02
PROHIB.
ENCROACHMENTS
RT. 14:
Consent
Agenda
ORDINANCE
Z-1-03
VARIATION/
1974 MINER
STREET:
120
01/06/03
PAGE EIGHT
Moved by Brookman, seconded by Becker, to POSTPONE
until March 3, 2003, Staff recommendation that City
Clerk be authorized to advertise for bids for
Purchase and Installation of a Five-Foot Bronze
Aluminum Fence along Ellinwood Street, south of the
METRA train tracks, between Des Plaines-River Road
(east end) and Graceland Avenue (west end) .
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized
to advertise for bids for Purchase of Ambulance
Stretchers, returnable by 3:00 p.m., Wednesday,
January 22, 2003. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized
to advertise for bids for Fire Helmet Shields,
returnable by 3:00 p.m., Wednesday, January 22,
2003. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized
to advertise for bids for Purchase and Installation
of Vehicle Exhaust Removal Systems at Fire Stations
#1, #2 and #3, returnable by 3: 00 p.m., Wednesday,
January 22, 2003. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt
Ordinance M-105-02 I 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 as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt
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. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt
Ordinance M-107-02, AN ORDINANCE PROHIBITING
ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT-OF-
WAY ALONG U.S. ROUTE 14. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to advance to
Second Reading and adopt Ordinance Z-1-03, AN
ORDINANCE AUTHORIZING A VARIATION TO SECTION 11. 6-B
TO PERMIT A MONUMENT SIGN ON A LOT WITH A FRONTAGE
OF 66 FEET INSTEAD OF THE MINIMUM PERMITTED FRONTAGE
OF 75 FEET, AND A HEIGHT OF 5.83 FEET INSTEAD OF THE
MAXIMUM PERMITTED HEIGHT OF 5.0 FEET, LOCATED AT
Z-1-03
(Cont'd.)
WARRANT
REGISTER:
UTILITY BILL
CALCULATIONS:
AMENDMENT/
BUSINESS
REGUL.
CERTIFICATE:
121
01/06/03
PAGE NINE
1974 MINER STREET, DES PLAINES, ILLINOIS (CASE 02-
75-V). 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
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Brookman, to
recommend to the City Council approval of the
January 6, 2003 Warrant Register, in the total
amount of $11,289,994.52; and further recommend that
Resolution R-3-03 be adopted at appropriate time
this evening. Motion declared carried.
Director of Finance Egeberg made a presentation on
how the utility bill is calculated. He explained
the components of the bill, which include water
consumption, storm sewer fee and refuse or garbage
collection.
Alderman Sayad stated that the Carol Stearn address
is the lockbox location; water meters are read the
first two weeks of the month.
Mr. Rhys Reed, 17 5 Lancaster Lane, addressed the
Commit tee of the Who 1 e stating that the Waye inden
residents would like to purchase City water.
Director of Finance Egeberg stated that the
Waycinden residents purchase water through Illinois
American Water Company which charges more than the
City; it is not possible to transfer Waycinden
residents to City water.
LEGAL & LICENSING -Alderman Smith, Chair
City Attorney Wiltse reviewed his memo of December
20, 2002, regarding background checks for other
Business Regulation Certificates; he is recommending
that the ordinance not be adopted and that the
matter instead be reviewed by the City Attorney's
office for further additions to background checks
for businesses that may arise and these
recommendations be forwarded to the City Council for
their consideration and drafting of an ordinance.
Moved by Brookman, seconded by Becker, to concur
with Staff recommendation and recommend to the City
Council to DENY request for background checks for
other business regulation certificates and the
matter be reviewed by the City Attorney's office for
further additions to background checks for
businesses that may arise and NOT place on First
Reading Ordinance M-104-02. Motion declared
carried.
TUCKER-FREED
PRE-DEVEL.
AGREEMENT/
TIF #1 & #5:
ORDINANCE
M-111-02
MOTOR FUEL
TAX INCREASE:
122
01/06/03
PAGE TEN
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Economic Development Director Schneider reviewed his
memo of December 19, 2002, regarding the
Tucker/Freed Pre-Development Agreement; this
agreement seeks authorization to spend dollars by
both the City and the developer in order to
facilitate the many studies and engineering costs
that will be incurred and, at the same time, help
with the construction schedule by starting the due-
diligence while the redevelopment agreement is still
being drafted.
Mr. Andrew Stadick, 1696 Oakton Street, addressed
the Committee of the Whole stating that Des Plaines
has always been controversial; developers want a
clear commitment; the City Council has backed out
time and time again; make a decision.
Mr. Gary
Committee
Danfield, 6 5 5
of the Whole
Oakton area is beautiful.
River Road, addressed
stating that the Lee
the
and
Mr. Greg Lietzau, 2040 Miner Street, addressed the
Committee of the Whole asking if the City will make
any money on this development or is it just costing
the taxpayers money.
Moved by Beauvais, seconded by Argus, to concur with
Staff recommendation and recommend to the City
Council that Mayor and City Clerk be authorized to
execute a Pre-Development Agreement with Tucker
Development, 513 Central Avenue, Suite 400, Highland
Park, IL 60035 and Joseph Freed & Associates, 1400
South Wolf Road, Wheeling, IL 60089 for the TIF #1
(Downtown) and TIF #5 (Lee-Perry) areas. Upon roll
call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Christiansen, seconded by Brookman, to
adopt Ordinance M-111-02, AN ORDINANCE AMENDING
TITLE v I "BUSINESS REGULATIONS II CHAPTER 52 I "MOTOR
FUEL TAX" SECTION 1, "TAX IMPOSED".
Moved by Sayad, seconded by Brookman, to suspend the
rules to permit public input on this matter. Motion
declared carried.
Mr. Wade Busse, 10 West Golf Road, addressed the
Committee of the Whole stating that gasoline has a
small margin; there are few independent gasoline
stations left; this increase will hurt.
Upon roll call on Alderman Christiansen's motion to
M-111-02
(Cont'd.)
ORDINANCE
M-112-02
LIQ. LIC. FEES
INCREASE:
ORDINANCE
Z-36-02
TEXT AMEND./
MULTI-FAMILY
PARKING
REQUIREMENT:
123
01/06/03
PAGE ELEVEN
adopt, the vote was:
AYES: 3-Beauvais, Christiansen, Becker
NAYS: 5-Murphy, Sayad, Brookman, Smith, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Sayad, seconded by
Ordinance M-112-02, to change
fees increase from 25% to 15%.
Becker, to AMEND
the liquor license
Moved by Christiansen, seconded by Sayad, to suspend
the rules to permit public input on this matter.
Motion declared carried.
Mr. Rick Ornberg, Executive Director of the Des
Plaines Chamber of Commerce, 1401 Oakton Street,
addressed the Committee of the Whole stating that he
will waive his right to speak so that the business
owners may speak.
Mr. Patrick Gillespie, 1440 Oakton Street, addressed
the Committee of the Whole stating that the City
Council has created a hostile environment for small
business owners; why are we not charging fines for
the violations of the corporations that sell liquor
in Des Plaines?
Mr. Gary Warner, 864 Rand Road, addressed the
Committee of the Whole stating that he is the owner
of the Rand Road House; how was the 2 5% increase
established; there has to be other ways to increase
revenue; the small business owner is getting forced
out of Des Plaines.
Moved by Brookman, seconded by Argus, to adopt a
substitue motion to DENY 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). Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Brookman,
Smith, Argus
NAYS: 3-Murphy, Sayad, Becker
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Beauvais, seconded by Murphy, to adopt
Ordinance Z-3 6-02, 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) . Upon
roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Argus
NAYS: 1-Smith
ABSENT: 0-None
Motion declared carried.
1/20/03
AMENDMENT:
Page Eleven "Ordinance Z-36-02/Text Amendment,
Multi-Family Paring Requirements"
Amend ordinance to reflect that existing buildings are
"gratlfathered," and City Attorney be authorized to
prepare amendment to Ordinance Z-36-02 to reflect
this clarification.
ORDINANCE
M-1-03
LICENSE FEE-
INSURANCE,
ELEC.
CONTRACTORS:
CHURCH STREET
RIGHT-OF-WAY
VACATION:
Ordinance
M-2-03
WARRANT
REGISTER:
Resolution
R-3-03
ORDINANCE
M-104-02
AMENDMENT/
BUSINESS
REGUL.
CERTIFICATE::
124
01/06/03
PAGE TWELVE
Moved by Sayad, seconded by Becker, to place on
First Reading Ordinance M-1-03, AN ORDINANCE
AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 5,
"OTHER BUSINESSES" SECTION 5, "BUILDING CONTRACTORS"
OF THE DES PLAINES CITY CODE. Motion declared
carried. Aldermen Murphy, Brookman and Argus voted
no.
Moved by Murphy, seconded by Argus, to concur with
recommendation of Des Plaines Plan Commission to
approve Vacation of Church Street Right-of-Way,
including an easement located west of Bellaire
Avenue; and further recommend to place on First
Reading Ordinance M-2-03, AN ORDINANCE FOR THE
VACATION OF THE CHURCH STREET RIGHT-OF-WAY, WEST OF
BELLAIRE AVENUE, INCLUDING THE VACATION OF THE WATER
MAIN EASEMENT WITHIN SAID RIGHT-OF-WAY.
Moved by Beauvais, seconded by Brookman to adopt a
substitute motion to TABLE adoption of Ordinance M-
2-03 until the court decision on Trailside 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.
Alderman Beauvais stated that the developer of the
property said he was not going to cut down all the
trees; the trees are all down on the property; a
resident wanted to purchase this land; wait until
the court makes their decision.
Motion
Aldermen
no.
declared carried on the original motion.
Beauvais, Christiansen and Brookman voted
Moved by Sayad, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-3-03, 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: $11, 289, 994. 52. Upon
roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Smith, seconded by Brookman, to concur with
recommendation of Committee of the Whole to DENY
request for background checks for other business
regulation certificates and the matter be reviewed
by the City Attorney's office for further additions
to background checks for businesses that may arise
and NOT place on First Reading 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.
TUCKER-FREED
PRE-DEVELOP.
AGREEMENT/
TIF #1 & #5:
ZONING CASE
02-53-A
MAP AMEND.
AND
ZONING CASE
02-72-CU
CONDIT.USE/
2077
DEMPSTER:
Reconsider
Motion
125
01/06/03
PAGE THIRTEEN
Moved by Becker, seconded by Argus, to concur with
recormnendation of Cormnittee of the Whole that Mayor
and City Clerk be authorized to execute a Pre-
Development Agreement with Tucker Development, 513
Central Avenue, Suite 400, Highland Park, IL 60035
and Joseph Freed & Associates, 1400 South Wolf Road,
Wheeling, IL 60089 for TIF #1 (Downtown) and TIF #5
(Lee-Perry). Motion declared carried. Alderman
Brookman voted no.
Moved by Murphy, seconded by Sayad, to reconsider
vote, which was DENIED on December 16, 2002, to
grant request, re Zoning Case 02-53-A and Zoning
Case 02-72-CU, for a Map Amendment and a Conditional
Use at 2077 Dempster/Miner Street. Motion declared
carried. Alderman Brookman voted no.
The original motion is now back on the floor:
"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 Cormnercial District to C-3
General Cormnercial 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) .u
Moved by Smith, seconded by Becker, to adopt a
substitute motion, re Zoning Case 02-53-A for a Map
Amendment and Zoning Case 02-72-CU, for a
Conditional Use; for property located at 2 077
Dempster/Miner Street (southwest corner of Dempster
Street and Rand, adjacent to Acres Lane); refer this
matter back to the Plan Cormnission to consider
allowing drive-through facilities in the C-2 Zoning
District and return the case back to the City
Council.
Moved by Brookman, seconded by Beauvais, to suspend
the rules to permit public input on this matter.
Motion declared carried. Aldermen Becker and Argus
voted no.
Ms. Irene Serwa, 1011 Crabtree Lane, addressed the
Council stating that Section 3.7-4-D-1 of the Zoning
Ordinance states, "The City Council shall consider
the application at its next available scheduled
public meeting and either approve with
modifications, or disapprove of the application by a
duly adopted ordinance. The failure of the City
Council to act at such time, or such further time to
which the applicant may agree, shall be deemed to be
a decision of disapproval.u
Moved by Brookman, seconded by Beauvais to adopt a
substitute motion to the substitute motion 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 Cormnercial District to C-3
General Cormnercial 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
2077 DEMPSTER
(Cont'd.)
ADJOURNMENT:
126
01/06/03
PAGE FOURTEEN
Street
MOTION
and Rand
DECLARED
Road, adjacent to Acres Lane) .
FAILED. Aldermen Beauvais,
~~~~~~~~~~~~~~~~
Christiansen and Brookman voted aye.
Motion declared carried
substitute motion. Aldermen
and Brookman voted no.
on Alderman Smith's
Beauvais, Christiansen
Moved by Sayad, seconded by Brookman, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 11:01 p.m.
-DEPUTY CITY CLERK
APPROVED BY ME THIS