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02-18-2003149 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, TUESDAY, FEBRUARY 18, 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 6:15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, February 18, 2003. ROLL CALL: Roll call indicated the following aldermen present: Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais, Christiansen and Brookman were absent. Alderman Christiansen arrived at 6:17 p.m. Alderman Brookman arrived in Exe cu ti ve Session at 6: 50 p. m. Alderman Beauvais arrived at 7:41 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, Director of Emergency Communications Ornberg, Keep Des Plaines Beautiful Coordinator Wolski, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: Moved by Sayad, seconded by Murphy, to go into Executive Session to discuss collective bargaining. Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 3-Beauvais, Christiansen, Brookman Motion declared carried. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated Christiansen, Murphy, Argus. the following aldermen present: Sayad, Brookman, Becker, Smith, The opening prayer was given by Pastor Greg Eaton, First United Methodist Church, followed by the Pledge of Allegiance. Mayor Arredia presented the The Year of the Family Award to Al Alderman, who has been an inspiration to not only his children and scout troop, but to his family and the community at large. Mayor Arredia introduced Rev. William Grice, First Congregational Church, who in turn introduced Debra Wielusiak, the new Community Resource Director for the Self-Help Closet & Pantry of Des Plaines, who urged residents to contribute food and clothing because there is a growing need in Des Plaines. Alderman Tom Becker introduced Keep Des Plaines Beautiful Coordinator Wolski who presented appreciation awards to businesses who contributed to the Holiday Ceremony at the Library Plaza on December 5, 2003; and to schools who created ornaments and decorated the holiday trees: Grazie! Ristorante and Banquets Optimist Club of Des Plaines Sysco Food Service U-STOR-IT Algonquin Middle School Brentwood Elementary School Central Elementary School Chippewa Middle School Cumberland Elementary School Iroquois Community School North Elementary School Orchard Place Elem. Schoo] Our Lady of Destiny School Plainfield Elem. School/)"- PRESENTATION (Cont'd.) CITIZEN PARTICIPA. : COLLECTIVE BARGAINING/ POLICE (MAP) CHAPTER 282 Resolution R-21-03 Ordinance M-8-03 PAGE TWO 150 2/18/03 Devonshire Elementary School Forest Elementary School Friendship Jr. High School Immanuel Lutheran School South Elementary Schoo l SPARKS Program (Dis. 62) St.Emily Elem. School Terrace Elementary School Mrs. Stacey Magnusson, President of the Optimist Club of Des Plaines, read a letter from the Optimist Club stating that they will donate all seventeen (17) trees for t he 2003 holiday season at Library Plaza. Mr. Michael Mickelsen, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council stating that his organi zation has looked into the flooding issue; they have c ontac t ed other communities to see what they are doing; permeable pavers are being used to construct parking lots; he has a lot of information that he would be willing to loan t o the City; we should require that all large parking l o t s and driveways be constructed with permeable pavers. Mr. Bob Suriano, 1258 Wayne Drive, addressed the Ci ty Council stating that there is a problem with cars goi ng the wrong way down Graceland Avenue; there should be better signage; when the Police stop cars on Go l f Road at River Road, they should pull off into a parking lot rather than block traffic; when cars are involve d in accidents, they should be pulled off the road so traf fic can go through. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that the City should not accept g ifts from the Optimist Club until they clean up after the i r Christmas Tree sale; we should look at allowing them t o use City property; they don't maintain the property properly. Moved by Becker, seconded by Sayad, to concur with majority agreement in Executive Session that City rati fy contract with the Metropolitan Alliance of Police (MAP ) Chapter #282 (E-911), effective May 1, 2002 through April 30, 2005; and adopt Resolution R-21-03, A RESOLUTI ON RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH TH E METROPOLITAN ALLIANCE OF POLICE, DES PLAINES CIVILIAN CHAPTER #282. Alderman Argus stated that a 5.5% increase in wages plus steps is irresponsible in this bad economy and the state of our budget. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Sayad, Reading Ordinance M-8-03. Motion Alderman Argus voted no. to place on First declared carried. Moved by Becker, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-8-03, AN ORDINAN CE AMENDING SCHEDULE VII "TELECOMMUNICATION OPERATORS GR OUP" OF TITLE I, "ADMINISTRATIVE," OF CHAPTER 15, "POSITION CLASSIFICATION AND COMPENSATION PLAN," OF SECTION 4, "CLASSIFICATION PLAN TO THE CITY SERVICE," OF THE DES PLAINES CITY CODE TO REFLECT AMENDMENTS MADE IN THE AGREEMENT EFFECTIVE MAY 1, 2002 THROUGH APRIL 30, 2 005. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. MOTOR FUEL TAX INCREASE & TELECOMM. TAX INCREASE: MANCARI AUTO GROUP/ 77 RAND ROAD: CONSENT AGENDA: MINUTES/ 1/22/03: Consent Agenda MINUTES/ 2/3/03: DRIVING RESTRICTIONS: Consent Agenda Ordinance M-9-03 LIQ. LIC./ 1415 ELLINWOOD: Ordinance M-10-03 TRAFFIC RESTRICTION/ PERRY ST.: Consent Agenda Ordinance T-3-03 PAGE THREE 151 2/1 8/03 Moved by Beauvais, seconded by Brookman, to TABLE the matters of Motor Fuel Tax Increase and Telecommunication Tax Increase, scheduled to be discussed under Ne w Business later in the meeting. Motion declared carried. Moved by Smith, seconded by Becker, to POSTPONE until April 7, 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 Sayad requested that Item 2 be removed from the Consent Agenda; Alderman Beauvais requested that Items 4 and 4a be removed; and a resident requested that I t ems 6 and 6a be removed. Moved by Sayad, seconded Consent Agenda except for Motion declared carried. by Becker, Items 2 , 4, to establish a 4 a , 6 an d 6a. Moved by Murphy, seconded b y Say ad, to approve t he Consent Agenda. Upon roll call , the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; staff recommendations and requests were approved; Ordinances M-4-03, M-5-03, M-6-03, M-7-03, T-1-03 and Z-3-03 be adopted; Ordinances M-9-03 and T-3-03 be placed on First Reading; and Resolutions R-23-03 and R-24-03 be adopted . Moved by Murphy, seconded by Sayad, to approve minutes of the Special meeting of the City Council held January 22, 2003, as published. Motion declared carried a s approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to POSTPONE until March 3, 2003, under Unfinished Business, approval o f minutes of the regular meeting of the City Council held February 3, 2003, as published. Motion declared carr i ed . Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to amend Title X, Chapter 9 -"Licenses" of the City Code to ADD a NEW Section 9 to make it unlawful to drive without a license or drive on a suspended license; the minimum fine upon conviction or plea of guilty shall be $50; and further recommend to place on First Reading Ordinance M-9-0 3, AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF DES PLAINES, TITLE X, "TRAFFIC" CHAPTER 9, "LICENSES" TO ADD A NEW SECTI ON 9, TITLED "PENALTY FOR DRIVING WITHOUT A LICENSE , OR DRIVING ON A SUSPENDED LICENSE." Motion declared c a r r ied as approved unanimously under Consent Agenda. Moved by Smith, seconded by Becker, to POSTPONE until March 3, 2003, under Committee of the Whole, discussion on amending Title V, Chapter 34, Section 18 -"License Limitations" of the City Code to ADD one (1) Class B-1 Bulk Sales Dealers Liquor License for property located at 1415 Ellinwood Street, d/b/a Sofia Specialty Food a nd Liquors; contingent upon verification of fingerprint s ; and one (1) Class B Liquor License (umbrella classification for all B Liquor Licenses); and placing on First Reading Ordinance M-10-03. Motion declared carried. Moved by Murphy, seconded by Say ad, to concur wi th recommendation of Staff Traffic Advisory Committee to amend Title X, Chapter 7, Section 3 -"Stop Streets" of the City Code to ADD that westbound Perry Street traffic stop at Graceland Avenue; and further recommend to p l ace on First Reading Ordinance T-3-03, AN ORDINANCE AMENDIN G TITLE X, "TRAFFIC" CHAPTER 7, "THROUGH AND STOP STREETS" T-3-03 (Cont'd. ) TIME EXTEN./ CONDIT. USE & VARIATION, 2930 RIVER: Resolution R-22-03 ATM MACHINE PLACE. AGREE. POLICE STA. 1420 MINER: Consent Agenda Resolution R-23-03 LOCKBOX BANK ACCT. AGREE./ OAK BROOK BANK: Consent Agenda Resolution R-24-03 LIQ. LIC. CHANGE OF OWNERSHIP/ 699 N. WOLF: Consent Agenda PAGE FOUR DZ 2/18/03 SECTION 3 "STOP STREETS" TO ADD A NEW STOP AT THE WESTBOUND LANE OF PERRY STREET. Motion declared carr i ed as approved unanimously under Consent Agenda. Mr. Gary Danfield, 655 River Road, addressed the City Council asking why the City is giving them a six -month extension. Alderman Becker said because of 9/1/01; this is a multi-million dollar project; the hotel industry took a big hit. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to grant request for extension of time for preparation and submittal of the Conditional Use Permit and Variations (as approved by the City Council o n J ul y 16, 2001 -Ordinance Z-12-01 and amended by Ordinance Z- 2-02 6n April 1, 2002), from April 1, 2003 through and including October 1, 2003; for property located at 2930 S. River Road (Hilton Garden Inn); and further recommend to adopt Resolution R-22-03 , A RESOLUTION GRANTING AN EXTENSION OF TIME FOR SUBMITTAL AND APPROVAL OF A CONDITIONAL USE AND ZONING VARIANCES PURSUANT TO SECTIONS 3.4-8 "LIMITATIONS ON CONDITIONAL USE" AN D 3 .6-12 "LIMITATIONS ON VARIATIONS" OF THE DES PLAINES ZONI NG ORDINANCE, AND GRANTING AN EXTENSION UNTIL OCTOBER 1, 2003, LOCATED AT 2930 S. RIVER ROAD, DES PLAINES (CASE 01-22-CU-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. Moved by Murphy, seconded by Sayad, to concur with Sta ff recommendation that Mayor and City Clerk be authorized to execute "Placement Agreement" with Anderson AT M Systems, 4644 N. Leclare Avenue, Chicago, IL 60630, to place an ATM Machine in the lobby of the Des Plaines Police Station, 1420 Miner Street; City to receive $1.20 per transaction at said ATM machine; and furthe r recommend to adopt Resolution R-23-03, A RESOLUTI ON AUTHORIZING A "PLACEMENT AGREEMENT" BETWEEN ANDERSON ATM SYSTEMS AND THE CITY OF DES PLAINES FOR THE PURPOSE OF PLACING AN ATM MACHINE IN THE LOBBY OF THE DES PLAINES POLICE STATION, LOCATED AT THE DES PLAINES CIVIC CENTER, 1420 MINER STREET. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to e x ecute "Corporate Authorization Resolution" with Oak Brook Bank, 1400 W. 16th Street, Oak Brook, IL 60523, to open a b ank account for lockbox service for utility bill and vehic l e sticker payments; said resolution reaffirms the authority of the Director of Finance and Assistant Director of Finance to sign checks and make investments for the City; and further recommend to adopt Resolution R-2 4-03, A RESOLUTION AUTHORIZING THE EXECUTION OF AN OAK BROOK BANK CORPORATE AUTHORIZATION RESOLUTION FOR THE PURPOSE OF OPENING A BANK ACCOUNT AT OAK BROOK BANK. Motion declared carried as approved unanimously under Consent Agenda Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to approve Change of Ownership of Class B-1 Bulk Sales Dealers Liquor License for property located at 699 N. Wolf Road, d/b/a ZJ's Pantry Plus & Liquors; contingent upon verification of fingerprint s . Motion declared carried as approved unanimously under Consent Agenda. PARKING PAD VARIATION/ 1660 S. CORA: Consent Agenda BID AWARD/ AMBULANCE STRETCHERS: Consent Agenda BID AWARD/ PRESSURE WASHER FOR PUBLIC WKS. : Consent Agenda ADVERTISING FOR BID: Consent Agenda APPOINTMENT: Consent Agenda ORDINANCE M-4-03 POLICE RECORD SYS. ADMIN. (9-1-1) : Consent Agenda ORDINANCE M-5-03 DONATION/ SURPLUS FIRE EQUIPMENT: Consent Agenda ORDINANCE M-6-03 RESCINDING ORDINANCE M-10-02: Consent Agenda ORDINANCE M-7-03 CITY CODE REVISIONS: Consent Agenda PAGE FIVE l.:>..:S 2 /18/03 Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a parking pad, 17' wide x 2 1' long, i n the rear yard adjacent to the alley and detached garage on property located at 1660 · S. Cora Street (all new parking pads require approval by the Building Code Committee); contingent upon petitioner agreeing not t o construct any additional hard surface or structures i n the rear yard. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to award bid for Purchase of Two ( 2 ) Ambulance Stretchers to the single bidder, Armst rong Medical Industries, 575 Knightsbridge Parkway , Lincolnshire, IL 60069, in the total bid amount of $5,904/Budgeted Funds. Motion declared carrie d as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to award bid for Purchase of Combinatio n Cold/Hot/Steam Pressure Washer for Public Wo rks Department to the lowest responsible bidder, Standard Industrial & Automotive, 6211 Church Road, Hanover Park , IL 60133, in their alternate bid amount of $8,935/2 0 03 CERF Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Sta f f recommendation that City Clerk be authorized to adverti se for bids for 2003 Street Rehabilitation (Contrac t 1 ), returnable by 3:00 p.m., Thursday, March 6, 200 3 . Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to approve Mayoral appointment of Penny C. Wenstrom to the SPECIAL EVENTS COMMISSION, term to expire August 31, 2003. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to adopt Ordinance M-4-03, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATI ON PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE V-A "TECHNICAL, ENGINEERING AND INSPECTION GROUP" IN THE DES PLAINES CITY CODE. Mo t ion declared carried as approved unanimously under Co n sent Agenda. Moved by Murphy, seconded by Sayad, to adopt Ordinance M-5-03, AN ORDINANCE AUTHORIZING THE DONATION AND CONVEYANCE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimousl y under Consent Agenda. Moved by Murphy, seconded by Sayad, to adopt Ordinance M-6-03, AN ORDINANCE RESCINDING CITY OF DES PLAINE S MUNICIPAL ORDINANCE M-10-02 IN ITS ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to adopt Ordinance M-7-03, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE" CHAPTER 6, "CITY COUNCIL" SECTION 3, "MEETINGS" TO ADDRESS CERTAIN HOUSEKEEPING MATTERS (formerly 1-6-8 and 1-6-9). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE T-1-03 PARKING RESTRICTION/ FIFTH AVE.: Consent Agenda ORDINANCE Z-3-03 CONDIT. USE/ 1526 MINER: Consent Agenda ORDINANCE T-3-03 TRAFFIC RESTRICTION/ PERRY ST.: ORDINANCE M-9-03 DRIVING RESTRICTIONS: HEALTH INSURANCE PREMIUMS/ RETIRED CITY EMPLOYEES: PAGE SIX 154 2/18/03 Moved by Murphy, seconded by Sayad, to adopt Ordinance T-1-03, AN ORDINANCE AMENDING TITLE X, "TRAFFIC," CHAPTER 5, "STOPPING STANDING AND PARKING" SECTION 17, "PARKING PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to adopt Ordinance Z-3-03, AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW THE OPERATION OF A CLASS B RESTAURANT, LOCATED AT 1526 MINER STREET, DES PLAINES, ILLINOIS, (CASE 03-03-CU ) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to advance to Second Reading and adopt Ordinance T-3-03, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 7, "THROUGH AND STOP STREETS" SECTION 3 "STOP STREETS" TO ADD A NEW STOP AT THE WESTBOUND LANE OF PERRY STREET. 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 Becker, to adopt Ordinance M-9-03, AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF DES PLAINES, TITLE X, "TRAFFIC" CHAPTER 9, "LICENSES" TO ADD A NEW SECTION 9, TITLED "PENALTY FOR DRIVING WITHOUT A LICENSE, OR DRIVING ON A SUSPENDED LICENSE." 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 City Attorney Wiltse reviewed the status of the meetings that have been held with the Staff and retirees regarding heal th insurance premiums for retired City employees; the matter had been postponed on 11/4/02, 11/18/02, 12/16/02 and 1/20/03; the City acknowledges that 37 retirees were overcharged in the total amount of $19, 7 0 4. 8 9; these credits will be off-set against monies owed by the retirees for the currently-due premiums. Both Alderman Argus and Murphy stated that maybe the City should look for a supplemental plan for Medicare for the retirees; Blue Cross/Blue Shield should explain their plan; it doesn't make sense. Director of Finance Egeberg stated that a supplemental plan for Medicare for the retirees would cost the City approximately $2 million. Alderman Sayad stated that some research needs to be done on this matter. Mrs. Linda Laffey, 1888 Fargo Avenue, vice president of the Retired Employees Association, addressed the Committee of the Whole stating that they have been working on this for over one (1) year; she thanked the City for correcting the rate error, but their issue is with the Medicare cost; they are asking for a fair rat~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~ HEALTH INS. (Cont'd. ) WARRANT REGISTER: PROPOSED AMENDMENTS/ BOARD OF FIRE & POLICE COMMISSIONERS RULES & REGS: TRANSFER STATION PERMIT/ 101-103 SELL: ZONING CASE 02-79-A MAP AMEND./ 1601-03-09 HILLS AVE.: PAGE SEVEN 155 2/18/0 3 Alderman Sayad stated that the Staff will get the answers to the aldermen's and retirees' questions; Staff will have a representative of Blue Cross/Blue Shield explain their plan; investigate a supplement plan for Medicare; and report back to the Committee of the Whole. Moved by Beauvais, seconded by Argus , to recommend to the City Council approval of the February 18 , 2 003 -Warr ant Register, in the total amount of $2,710,822.2 8; and further recommend that Resolution R-25-03 be adopted at appropriate time this evening. Motion declared carried. PUBLIC SAFETY -Alderman Beauvais, Chair Mr. Randy Johnson, Chairman of the Board of Fire a nd Police Commissioners, addressed the Committee of t he Whole regarding the proposed changes to the Fire & Police Commission Rules regarding promotional testing, which h ad been referred back to the Public Safety Committee a nd Board of Fire & Police Commissioners on February 3, 2 0 03. Mr. Johnson stated that the Commissioners are still of the belief that 70% of the highest achievable score is the better way to go, but they have agreed that if the City Council wishes to instead select Option B and have a minimum passing of 70%, they would concur with that. Alderman Sayad stated that he agrees with Option B. Mr. Colin Carroll, President of the Des Plaines Professional Firefighters Association, addressed the Committee of the Whole stating that his organization supports these proposed changes. Moved by Sayad, seconded by Becker, to recommend to the City Council to approve Option B of the proposed cha n ges to the Revised Rules and Regulations of the Board of Fire & Police Commissioners, and Ordinance M-12-03 be placed on First Reading at appropriate time this eveni n g . Motion declared carried. PUBLIC WORKS -Alderman Brookman, Chair Alderman Brookman reviewed the request from Disposal Management Systems, 101-103 Sell Road, for a transfer station permit from the Illinois Environmental Prote ction Agency (IEPA), which requires approval of the municipality in which they are located before seeking approval from the IEPA. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation and recommend to the City Counci l to approve the construction and demolition transfer station application to the Illinois Environmental Protection Agency for Disposal Management Services, 101- 103 Sell Road. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Acting City Manager-EDC Director Schneider reviewed his memo of January 28, 2003, regarding the request for a Map Amendment to change the zoning from R-1 Single-Family Residential District to C-3 General Commercial District for property located at 1601-03-09 Hills Avenue (River and Rand Roads intersection) ; the Des Plaines Pl an Commission voted 2-1 in favor of the rezoning and t he recommended conditions, but motion failed because three (3) votes are required for passage; the Staff recommends approval of the rezoning and the recommended conditions, which are: HILLS AVE. (Cont'd.) PAGE EIGHT 156 2/18/03 --construction of the proposed retail use must begin within one year of City Council approval or the zoning classification will revert to R-1 Single-Family Residential District; --petitioner must submit a fully dimensioned and detailed site plan and separate landscape plan for Staff review, comment and approval, before applying for a building permit; --there be no access to Hills Avenue; --a landscape buffer be constructed along the entire Hills Street frontage consisting of a 6-8 foot high opaque wall built of face brick and/or other approved material; the wall shall be set back 5-10 feet from the petitioner's property line along Hills Avenue and contain trees, shrubs and grass and/or plant ground cover. The petitioner, Dan Pontarelli, Pontarelli Builders, 7001 W. Higgins Road, Chicago, IL 60656, addressed the Committee of the Whole and answered questions from the aldermen; he wants to attract the highest quality of retailers for that corner. Alderman Becker stated that he is concerned that there is not enough of a buffer between this project and the neighbors; this developer should be encouraged but the project needs more work; he is not ready to vote this evening. Alderman Beauvais stated that there have been no meetings with the residents in the area; we should not piece meal this property; that corner is such an eyesore; the access to Hills Avenue is a big issue with her; how will the traffic flow?; we need to know what we will be putting on this site. Mr. Pontarelli stated that he will work with the City to "work out the bugs." Alderman Sayad thanked Mr. Pontarelli for his interest in this corner; he should meet with the Ward alderman and maybe the Economic Development Commission; he should come back with a solid plan. Alderman Brookman stated that she did some research with the County and these lots are both legal and buildable; we need to clear this up. Alderman Becker stated that the Staff and Mr. Pontarelli with meet and work on these concerns of the aldermen. Both Alderman Smith and Argus agreed that the rezoning should be granted; the project will come back to the aldermen at another time. Mr. Pontarelli stated that the rezoning will help him get retailers. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole, stating that there have been problems in this area for a long time; Hills Avenue should not come out onto River Road; we may need to make some concessions as to what can go there. Ms. Linda Caruth, 1868 Bennett Place, addressed the Committee of the Whole asking if this property is in the flood plain; the audience needs to see what the petitioner is presenting. The owner of the corner property addressed the Committee of the Whole stating that he is meeting with the City about cleaning up his property; he has an engineer looking at this site. Mr. Ken Johnson, 1602 Hills Avenue, addressed the Committee of the Whole stating that he has lived here 40 years; he objects to this zoning change; there would be flooding, noise, lighting and traffic problems; the City should improve this corner but not with a zoning chang~ HILLS AVE. (Cont'd.) ORDINANCE M-2-03 CHURCH ST. RIGHT-OF-WAY VACATION: ORDINANCE M-11-03 REVISIONS/ CITY COUNCIL RULES: ANNEXATION AGREEMENT/ 9661 GOLF: Resolution R-26-03 WARRANT REGISTER: Resolution R-25-03 PAGE NINE 157 2/1 8/03 Mr. Dan Gaspar, 1619 Hills Avenue, addressed the Committee of the Whole stating that he would be impacted by this project because his house is right next door; the lignts would be shining on him; we need time to express our concerns; something has to be done with thi s property, but look at the corner first. Alderman Beauvais stated that she would like to meet with Alderman Becker, Acting City Manager-EDC Director Schneider, the owner of the corner property and Mr. Pontarelli to discuss this matter. Moved by Brookman, seconded by Beauvais, to recommend to the City Council that further discussion on Zoning Case 02-79-A regarding a Map Amendment to rezone property located at 1601-03-09 Hills Avenue from R-1 Single-Family Residential District to C-3 General Commercial District be POSTPONED un ti 1 Apr i 1 2 1 , 2 0 0 3 . Motion de c 1 are d carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Smith, to adopt 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. 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 Murphy, to place on First Reading Ordinance M-11-03, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE" CHAPTER 6, "CITY COUNCIL" TO ADDRESS CERTAIN HOUSEKEEPING MATTERS (formerly 1-6-8 and 1-6-9). Motion declared carried. Alderman Brookman requested that the record show that she is voting no on Rule VIII and Rule XXVIII. Moved by Sayad, seconded by Becker, to concur with recommendation of Committee of the Whole held February 10, 2003, to approve the Water's Edge Condominium project and annexation agreement proposed for property located at 9661 Golf Road (formerly Fisherman's Dude Ranch), including the access roadway from Golf Road to the Bay Colony parking lot, contingent upon results of traffic studies to be completed within the next two (2) weeks; and further recommend to adopt Resolution R-26- 03, A RESOLUTION AUTHORIZING THE EXECUTION OF AN "ANNEXATION AGREEMENT" FOR THE PROPERTY COMMONLY KNOWN AS 9661 GOLF ROAD, "WATER'S EDGE CONDOMINIUMS" BY THE MAYOR AND ATTESTED TO BY THE CITY CLERK OF THE CITY OF DES PLAINES. 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 adopt Resolution R-25-03, 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: $2,710,822.28. 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. ~· AMENDMENTS/ BOARD OF FIRE & POLICE COMMISSIONERS RULES & REGS: Ordinance M-12-03 TRANSFER STATION PERMIT/ 101-103 SELL: ZONING CASE 02-79-A MAP AMEND./ 1601-03-09 HILLS AVE.: BID DATE/ EMERG. VEH. PRIORITY SYSTEMS: ORDINANCE M-11-03 REVISIONS/ CITY COUNCIL RULES: AJOURNMENT: PAGE TEN Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole to approve Option B of the proposed changes to the Revised Rules and Regulations of the Board of Fire & Police Commissioners, and place on First Reading Ordinance M- 12-03. Motion declared carried. Moved by Beauvais, seconded by Becker, to advance to Second Reading and adopt Ordinance M-12-03, AN ORDINANCE ADOPTING THE AMENDMENTS TO THE REVISED RULES AND REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS. 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 Brookman, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve the construction and demolition transfer station application to the Illinois Environmental Protection Agency for Disposal Management Services, 101-103 Sell Road. 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 Becker, seconded by Brookman, to concur with recommendation of Committee of the Whole that further discussion on Zoning Case 02-79-A regarding a Map Amendment to rezone property located at 1601-03-09 Hills Avenue from R-1 Single-Family Residential District to C- 3 General Commercial District be POSTPONED until April 21, 2003. Motion declared carried. City Clerk McAllister announced that the bid return date for the 2003 Emergency Vehicle Priority Systems has been changed from February 20, 2003, to 3:00 p.m., Thursday, February 27, 2003. Moved by Smith, seconded by Argus, to advance to Second Reading and adopt Ordinance M-11-03, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE" CHAPTER 6, "CITY COUNCIL" TO ADDRESS CERTAIN HOUSEKEEPING MATTERS (formerly 1-6-8 and 1-6-9). 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. Alderman Brookman requested that the record show that she is voting no on Rule VIII and Rule XXVIII. Moved by Becker, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meet _. __ Donna McAllister, MMC CITY CLERK APPROVED BY ME ~IS DAY O~-=----"-....-.~-----~~~' 2003 Antho ~i-a-,-M-A-~OR