03-03-2003159
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, MARCH 3, 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 7:00 p.rn. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, March 3, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
Also present were: Assistant Director of Finance Jisa, Police Chief Ryan,
Fire Chief Farinella, Director of Engineering Oakley, Director of Public
Works Dusckett, Deputy Director of Community Development Molinari,
Director of Human Resources & Services Merriman, Assistant City Attorney
Bartel and City Attorney Wiltse.
PRAYER AND
PLEDGE:
PRESENTATION:
CITIZEN
PARTICIPA. :
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance.
Mayor Arredia asked Director of Human Resources &
Services Merriman and Middle School Afterschool Program
Coordinators to update the aldermen about the afterschool
program opportunities at Algonquin, Chippewa, Iroquois
and Friendship schools, which provide a broad range of
activities in the areas of athletics, academics and the
arts.
Mr. Mike Sweeney, 532 E. Leahy Circle, addressed the City
Council stating that he has been asked by some residents
about the parking problem on the north side of Brentwood
Drive between 8:00-9:30 a.rn. and 3:00-4:00 p.rn.; they
would like to park on the street. Alderman Sayad stated
that he is aware of the problem and it was resolved this
morning.
Mrs. Linda Caruth, 1868 Bennett Place, addressed the City
Council stating that 150 residents are appealing their
property tax because they are in the flood plain; the
Mayor has been doing everything possible to address the
flooding problems but some aldermen are voting for
developments in the flood plain; how embarrassing this
must be for the Mayor; other communities are at fault
too; just because our ordinances say we can build in a
flood plain, doesn't mean we must.
Mr. Mike Paschen, 2515 Scott Street, addressed the City
Council stating that he is here again about his sump
pump; Public Works has come out and excavated in fron t
of his house; he has received a letter from the City and
would like to contest their findings; he would like the
City to prove that the water is not corning from the
hydrant in front of his house. Alderman Becker stated
that the City has done every test possible; he doesn't
know what other tests are available to prove that this
water is not coming from an underground spring. Alderman
Becker stated that all parties will meet once again on
this matter.
Mr. Gary Danfield, 655 River Road, addressed the City
Council stating that there are no storm drains alonq
Ballard Road east of Rand Road; the levee is not going
to cure the problem; this must be corrected or the
streets are still going to flood.
CITIZENS
(Cont'd. )
PRAIRIE LAKES
PARK STORM
SEWER
RELOCATION:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
SIGNS/MULTI-
FAMILY BOGS.
& PETITIONS:
Consent
Agenda
Ordinance
Z-4-03
ZONING CASE
03-05-V
VARIATION/
1755 HOWARD:
Ordinance
Z-5-03
31-f210 3
PAGE TWO
Mrs. Virginia Pasowicz, 2094 Miner Street, addressed the
City Council stating that she is here again about the
traffic at her corner; a light is needed. Director of
Engineering Oakley stated that this is not a priority
location and they have limited funds.
Moved by Becker, seconded by Murphy, to TABLE the matter
of the Prairie Lakes Park Storm Sewer Relocation
scheduled to be discussed under Committee of the Whole
later in the meeting. Motion declared carried.
Alderman Becker requested that Items 4 and 4a be removed
from the Consent Agenda.
Moved by Beauvais, seconded by Sayad, to establish a
Consent Agenda except for Items 4 and 4a. Motion
declared carried.
Moved by Argus, seconded by Becker, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinance Z-
4-03 was placed on First Reading; and Resolution R-27-03
was adopted.
Moved by Argus, seconded by Becker, to approve minute s
of the regular meeting of the City Council held February
18, 2003, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to approve minutes
of the Executive Session of the City Council held
February 18, 2003. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to amend Section 3.6-6-6-A.3 and Section
9.6-9 of the Zoning Ordinance, re multi-family buildings,
authorized by the City Council on November 18, 2002 and
January 20, 2003, to clarify Ordinance Z-36-02 (adopted
by the City Council January 6, 2003) that all off-street
parking variation petitions in R-4 Central Core
Residential and C-5 Central Business Districts be
approved by the City Council; existing buildings located
in R-4 Central Core Residential and C-5 Central Business
Districts be exempted from the guest parking signage
requirement; and further recommend to place on First
Reading Ordinance Z-4-03, AN ORDINANCE AMENDING THE DES
PLAINES ZONING ORDINANCE TO ADD LANGUAGE TO SECTION 3.6-
6, "STANDARD VARIATIONS," AND SECTION 9. 6-9, ''SIGNS FOR
MULTI-FAMILY BUILDINGS," Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Christiansen, to WAIVE the
Variation Fee, in the amount of $220, re Zoning Case 03-
05-V, because this is a non-profit organization
(Northwest Suburban Day Care) . 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 Sayad, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 03-05-V -AS AMENDED, to grant request for
Variation to permit construction of an oversized
accessory shed, 12' x 22', instead of the maximum
permitted size of 10' x 12' in R-3 Townhouse Residential
District on property located at 1755 Howard Street; and
1755 HOWARD
(Cont'd.)
SPECIAL
COUNSEL
AGREEMENT/
TIF #6
MANNHEIM &
HIGGINS:
Consent
Agenda
Resolution
R-27-03
LIQ. LIC./
865 ELMHURST:
Consent
Agenda
FINAL PLAT/
TOMMY'S
SUBDIVISION
2759 MAPLE:
Consent
Agenda
PURCHASE OF
VEHICLES/
POLICE DEPT. :
Consent
Agenda
PURCHASE OF
FIRE HOSE:
Consent
Agenda
PAGE THREE
161
3/3/03
further recommend to place on First Reading Ordinance z-
5-03. Motion declared carried.
Moved by Becker, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-5-03, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTION 8.l-3E OF THE CITY OF
DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION
OF AN OVERSIZED ACCESSORY SHED, 12 FEET BY 22 FEET,
INSTEAD OF THE MAXIMUM PERMITTED SIZE OF 10 FEET BY 12
FEET, AT 1755 HOWARD AVENUE, DES PLAINES (CASE 03-05-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 carrried.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to authorize Mayor and City Clerk to
execute "Proposal for Special Counsel" with Neal, Murdock
& Leroy, L.L.C., 203 N. LaSalle Street, Suite 2300,
Chicago, IL 60601, to act as City's Special Counsel for
land acquisition within the boundaries of Higgins Road,
Mannheim Road and Greco Avenue, for the Mannheim-Higgins
TIF #6 redevelopment area (fee to be paid from TIF
funds); revoke agreement with Ryan & Ryan, 33 N. Dearborn
Street, Suite 402, Chicago, IL 60602 (approved by the
City Council on May 7, 2001 -Resolution R-26-01), due
to their time constraints with City projects in the
downtown redevelopment project and the Wille Road TIF #3;
and further recommend to adopt Resolution R-27-03, A
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND CITY
CLERK TO ATTEST A PROPOSAL FOR SPECIAL COUNSEL BETWEEN
NEAL, MURDOCK & LEROY, LLC AND THE CITY OF DES PLAINES
CONCERNING THE ACQUISITION OF CERTAIN PROPERTY BY THE
CITY OF DES PLAINES, ILLINOIS. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to grant request for Change of Ownership
for Class E Restaurant and Dining Room Liquor License for
property located at 865 S. Elmhurst Road, d/b/a Lee's
Mandarin Restaurant; contingent upon verification of
fingerprints. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Tommy's Subdivision, 2759 S. Maple Street;
and Mayor and City Clerk be authorized to execute same.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to accept proposal for purchase of Four
( 4) 2003 Ford Crown Victoria Police Vehicles from Joe
Rizza Ford, 2100 S. Harlem, North Riverside, IL 60546,
in the amount of $21, 379 per vehicle for a total of
$85,516/2003 CERF Fund; purchase price includes $1,275
per vehicle for a three-year/75,000 mile extended
warranty; and it would be in the best interest of the
City that usual bid procedures be waived since this
proposal is lower than the State bid and the Suburban
Purchasing Cooperative bid. Motion declared carried as
approved unanimously under Consent.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation to accept proposal from Dolton Fire
Equipment, 563 Williams, Thornton, IL 60476, for the
purchase of 15 lengths of 5" fire hose in the total
amount of $9,975/2003 Budget; and it would be in the best
interest of the City that usual bid procedures be waived
because Dolton Fire Equipment is the only vendor for the
manufacture of Snap-Tite Hose, which best serves the
needs of the Fire Department. Motion declared carried
as approved unanimously under Consent Agenda. ~
ADVERTISING
FOR BIDS:
Consent
Agenda
GROUNDWATER
WELLS/
63 w. & 75 w.
ALGONQUIN:
PAGE FOUR
162
3/3/03
Moved by Argus, seconded by Becker, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for Uniform Rental Agreement, returnable by 3 :00
p.m., Tuesday, March 25, 2003. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for Gasoline and Diesel Fuel, returnable by 3:00
p.m., Tuesday, March 25, 2003. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Argus, seconded by Becker, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for 2003 Capital Improvement Program Street
Rehabilitation -Contract 2, returnable by 3: 00 p.m.,
Tuesday, March 25, 2003. Motion declared carried a s
approved unanimously under Consent Agenda.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
BUILDING CODE -Alderman Murphy, Chair
Alderman Murphy and Assistant City Attorney Bartel
reviewed the requests from residents at 63 W. And 75 W.
Algonquin Road to keep and be allowed to use the
groundwater wells currently existing on their properties
for non-human consumption purposes; this matter wa s
originally heard on December 2, 2002 and then postponed
to January 20, 2003, when it was postponed to this date.
The petitioner, Kenneth Ivaska, 75 W. Algonquin Road,
addressed the Committee of the Whole and answered
questions of the aldermen.
Alderman Brookman stated that she is in favor of this
request; in these times we need all the water sources
possible; she will be voting yes.
Alderman Argus stated that these are very, very large
lots; the residents would like to water their lawns and
wash their cars; a lot of suburbs around us allow this;
she will be voting yes.
Alderman Beauvais stated that she will be voting no; this
will be opening up a ~can of worms;" other people had to
close their wells; we should not allow people to do this .
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that the City has very old
wells; we don't know the quality of the pipes; he has
been using this water anyway; we should use the ground
water to water our trees, etc.
Mrs. Linda Caruth, 1868 Bennett Place, addressed the
Committee of the Whole stating that this gentleman signed
an agreement that he would cap his well; why weren't our
City ordinances followed?
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
Committee of the Whole about the back flow restriction;
he thought the City had inspectors to check this every
year; his building has never been checked; this should
be looked into.
Moved by Beauvais, seconded by Smith, to recommend to the
City Council to DENY request that properties at 63 W. and
7 5 W. Algonquin Road keep and be allowed to use the
groundwater wells currently existing on their properties
for non-human consumption purposes.
WELLS
(Cont'd. )
ZONING CASE
02-53-A
MAP AMEND./
2077
DEMPSTER:
ZONING CASE
03-09-A
TEXT AMEND./
ACCESSORY
DRIVE-THROUGH
FACILITY FOR
FINANCIAL
INSTITUTIONS:
ZONING CASE
02-72-CU
CONDIT. USE/
2077
DEMPSTER:
ZONING CASE
00-33-PUD
PRAIRIE AND
FIRST:
PAGE FIVE
Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 2-Brookrnan, Argus
ABSENT: 0-None
Motion declared carried.
lb]
3/3 /0 3
Moved by Becker, seconded by Beauvais, to recommend to
the City Council to DENY request, re Zoning Case 02-53-A,
to change the zoning from C-2 Limited Office Commerci a l
District to C-3 General Commercial District, for prope r ty
located at 2077 Dempster Street. Motion declar ed
carried.
Alderman Brookman stated that she has concerns about t his
text amendment because it is being done for one person ;
this is wrong and it is bad policy; she doesn't like h ow
this matter has been handled from start to finish; this
is all being done to accommodate one person.
Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the
Committee of the Whole stating that this issue is a way
for the petitioner at 2077 Dempster Street, with the help
of the City Staff, to circumvent our laws; this is wrong;
it really borders on being illegal.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that everything has been
done legally but the problem is that this will start a
precedent; if you grant one, you will have other s corning
forward.
Mrs. Sue Grish, 980 Crabtree Lane, addressed the
Committee of the Whole stating that this bank will be in
front of a park; she is concerned about the childre n; how
will cars exit this drive-through?; parks make a c i ty
great, not a funeral home or a bank; the property i s t oo
small to put both businesses there.
Alderman Brookman stated that it i s not only about
children, it goes beyond that; it is about setting bad
policy; this text amendment is designed to circumvent the
2/3 majority that is required to approve t his; it is
being done to give the petitioner what he want s.
Moved by Sayad, seconded by Argus, to con c u r with
recommendation of Des Plaines Plan Commission and Staff,
and recommend to the City Council, re Zoning Case 0 3-0 9-
A, to approve a Text Amendment to change Section 7.3-5-C
(Conditional Uses, C-2 Limited Office Commercial
District) of the Zoning Ordinance to allow fin ancial
institutions with a drive-through faci l i t y a s an
accessory use; and Ordinance Z-6-03 be placed o n First
Reading at appropriate time this evening. Up on roll
call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 2-Beauvais, Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Murphy, to recommend t o t he
City Council to POSTPONE until April 21, 2 00 3, the
request re Zoning Case 02-72-CU, to permit drive-throu gh
lanes for the proposed bank in C-2 Limited Offi ce
Commercial District on property located at 20 77
Dempster/Miner Street (southwest corner of Dempster
Street and Rand Road, adjacent to Acres Lane). Motio n
declared carried. Aldermen Sayad and Argus voted no .
Alderman Becker reviewed Zoning Administrator Schne ider 's
memo of February 20, 2003, regarding request for final
approval of the PUD (Planned Unit Development), Zo ning
Case 00-33-PUD, which includes rezoning from C-1
Neighborhood Shopping District to R-3 Townhouse t
PUD APPROVAL
(Cont'd.)
PAGE SIX
164
3/3/03
Residential District and various PUD exceptions for
property located at the northwest, southwest and
southeast corners of Prairie and First Avenues (1115-112 5
Prairie Avenue, 1133 Prairie Avenue, 650 First Avenue and
1115 Walter Avenue).
Petitioner Daniel Pontarelli, Pontarelli & Company, 7001
W. Higgins Road, Chicago, IL 60656, was introduced who,
in turn, introduced several members of his staff; they
answered questions from the aldermen.
Alderman Murphy also reviewed this proposed project and
stated that 95% of her concerns have been satisfied.
Alderman Beauvais questioned the petitioner and his staff
regarding lot depths, curb cuts, street restoration, and
sight distance at the corner of Walter and First Avenues,
which were all addressed.
Alderman Brookman stated that there are still some issues
with this development; we have to stop circumventing City
ordinances; we are always violating our own rules; this
project is on 1.35 acres; this is illegal because it is
less than the required four (4) acres according to our
ordinance; the neighbors are concerned about the high
number of variations; maybe if the petitioner would
reduce the number of units by two (2) it might be more
acceptable to the residents in the area.
Alderman Sayad stated that all his concerns have been
satisfied.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that he has walked this
neighborhood and parking is a problem; other people will
be asking for parking variations.
Ms. Karen Dobleski, 1114 Walter Avenue, addressed the
Committee of the Whole stating that she is not ant i -
progress and something does need to be done in this area;
the problem she has is with the density; they are trying
to put 25 townhouses on 1.35 acres; where will guests
park?; this is a blatant disregard for City zoning
ordinances; she has no problem with the project except
for the density.
Ms. Kathleen Kilianek, 1114 Walter Avenue, addressed the
Committee of the Whole stating she just purchased he r
property; she doesn't trust this developer; the land is
too small for the number of homes they want to put there;
there will not be enough guest parking; snow removal will
be a problem.
Mr. Erik Helgesen, 1094 Prairie Avenue, addressed the
Committee of the Whole stating that he has been at a
number of these meetings; there are too many POD
variations; parking will be a problem; this area is a
single-family home area; we petitioned against this;
flooding will also be a problem.
Dr. Michael Partridge, 690 First Avenue, addressed the
Committee of the Whole stating that he owns the property
at the northwest corner of Prairie and First Avenues, NOT
in the project area; he hopes something can be worked
out; this project will be ·good for the area; he would be
willing to let his parking lot be used on the weekends
for the people in the area; this project is a step
forward.
Mrs. Debbie Hermanson, 1071 Walter Avenue, addressed the
Committee of the Whole stating that she takes exception
to all the variations being requested for this project;
she believes he can still make a profit with less than
25 units; he has never come to them and asked them how
they feel about this. ~
FINAL PUD
(Cont'd.)
WARRANT
REGISTER:
PAGE SEVEN
165
3/3/0 3
Mr. Ed Jablenski, 1031 Walter Avenue, addressed the
Committee of the Whole stating that this project is too
dense for this area; it would be very dangerous for the
kids; what about the sewers and the streets that were
just redone?
A realtor from Park Ridge, Illinois, addressed the
Committee of the Whole stating that Mr. Pontarelli has
more than bent over backwards to accommodate the
neighbors; the number of planned units started at 39 and
now it is 25; the plan is phenomenal; there is a lot of
green area.
Mrs. Gina Jablenski, 1031 Walter Avenue, addressed the
Committee of the Whole stating that yes he has scaled
down, but there is still a lot of density; parking will
be a big problem; he could make a profit with single
family homes.
Mr. Ray Hermanson, 1071 Walter Avenue, addressed t he
Committee of the Whole stating that this project is too
dense; will it be a fire hazard?
Alderman Beauvais stated that maybe if the petitioner
would cut one (1) or two (2) units, it would help; there
are too many curb cuts.
Moved by Becker, seconded by Argus, to recommend t o the
City Council to approve the Final Planned Unit
Development, Zoning Case 00-33-PUD, consisting of 25
townhouses; rezoning of the property from C-1
Neighborhood Shopping District to R-3 Townhou se
Residential District; approve all requested PUD
exceptions, contingent upon:
--the petitioner adding a provision to the homeowner's
association by-laws that they will be responsible for the
care and maintenance of all landscaping including mowing
the grass along the parkways fronting the entire
development; and
--the garages for Unit #22 and Unit #23 be turned for
access from the courtyard; on property located at the
northwest, southwest and southeast corners of Prairie and
First Avenues (1115-1125 Prairie Avenue, 1133 Prairie
Avenue, 650 First Avenue and 111 Walter Avenue); and City
Attorney be authorized to draft necessary ordinance.
Moved by Brookman, seconded by Beauvais, to adopt a
SUBSTITUTE MOTION and recommend to the City Council t o
deny request, re Zoning Case 00-33-PUD, for 25 townhous es
and reduce the number of units to 23 on property located
at the northwest, southwest and southeast corners of
Prairie and First Avenues (1115-1125 Prairie Avenue, 1 133
Prairie Avenue, 650 First Avenue and 1115 Walter Avenue );
and City Attorney be authorized to prepare necessary
ordinance. Upon roll call, the vote was:
AYES: 3-Beauvais, Christiansen, Brookman
NAYS: 5-Murphy, Sayad, Becker, Smith, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Upon roll call on the original motion, the vote was:
AYES: 5-Murphy, Sayad, Becker, Smith, Argus
NAYS: 3-Beauvais, Christiansen, Brookman
ABSENT: 0-None
Motion declared carried.
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Argus, to recommend
to the City Council approval of the March 3 , 2003 -
Warrant Register, in the total amount of $2,474,233.30;
and further recommend that Resolution R-29-03 be adopted
at appropriate time this evening. Motion declared
carried.
LIQ. LIC./
1415
ELLINWOOD:
Postponed
2/18/03
LIQ. LIC./
1425
ELLINWOOD:
MINUTES/
2/3/03:
Postponed
2/18/03
166
3/3/03
PAGE EIGHT
LEGAL & LICENSING -Alderman Smith, Chair
Mr. Radka Rolev, petitioner for new Class B-1 Bulk Sales
Dealers Liquor License for property located at 1415
Ellinwood Street, d/b/a Sofia Specialty Food & Liquors,
was sworn in by the City Clerk, and he and his attorney ,
Dan Dowd, 701 Lee Street, Des Plaines, gave testimony
before the Committee of the Whole.
Mr. Guillermo Gonzalez, petitioner for new Class B-1
Sales Dealers Liquor License for property located at
Ellinwood Street, d/b/ a El Mexico Grocery Store,
sworn in by the City Clerk, and he and his attorney
testimony before the Committee of the Whole.
Bulk
142 5
was
gave
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that putting two (2)
liquor licenses side by side might not be a bad idea
because the Police Department is right across the street.
Mr. Patrick Gillespie, 1440 Oakton Street, addressed the
Committee of the Whole stating that he would like to g o
on record as objecting to these licenses; the number of
licenses should be based on population; the City allows
corporations to violate the liquor ordinance; the City
Council keeps taking away from established businesses;
some businesses are operating in a hostile environment
under this administration.
Mrs. Migdalia Perez, 1529 Lincoln Avenue, addressed the
Committee of the Whole stating that her business, Oakton
Liquors, 919 Oakton Street, is suffering because of al l
these new liquor licenses.
Mr. Ray Gonzalez, 1031 Prairie Avenue, addressed t he
Committee of the Whole stating that this is a free
country; El Mexico Grocery Store has been there f or 25
years; their customers have been asking for this service;
we are enrolled in the ~we Card" program.
Moved by Beauvais, seconded by Sayad, to recommend to the
City Council to grant request for new Class B-1 Bulk
Sales Dealers Liquor License for property located at 1415
Ellinwood Street, d/b/a Sofia Specialty Food & Liquors;
contingent upon verification of fingerprints; and
Ordinance M-10-03 be placed on First Reading a t
appropriate time this evening. Motion declared carried .
Alderman Christiansen voted no.
Moved by Beauvais, seconded by Argus, to recommend to the
City Council to grant request for new Class B-1 Bulk
Sales Dealers Liquor License for property located at 1425
Ellinwood Street, d/b/a El Mexico Grocery Store ,
contingent upon verification of fingerprints; and City
Attorney be authorized to draft necessary ordinance .
Motion declared carried. Alderman Christiansen voted n o .
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Murphy, to approve minutes
of the regular meeting of the City Council held February
3, 2003, as published. Motion declared carried.
GROUNDWATER
WELLS/
63 w. & 75 w.
ALGONQUIN:
ZONING CASE
02-53-A
MAP AMEND./
2077
DEMPSTER:
ZONING CASE
03-09-A
TEXT AMEND./
ACCESSORY
DRIVE-THROUGH
FACILITY FOR
FINANCIAL
INSTITUTIONS:
ZONING CASE
02-72-CU
CONDIT. USE/
2077
DEMPSTER:
ZONING CASE
00-33-PUD
PRAIRIE AND
FIRST:
LIQ. LIC./
1415
ELLINWOOD:
Ordinance
M-10-03
PAGE NINE
167
3 /3/03
Moved by Murphy, seconded by Christiansen, to c o ncur
with recommendation of Committee of the Whole to DENY
request that properties at 63 W. and 7 5 W. Algonquin
Road keep and be allowed to use the groundwater we l ls
currently existing on their properties for non-human
consumption purposes. Motion declared carried.
Aldermen Brookman and Argus voted no .
Moved by Becker, seconded by Say ad, to concur wi th
recommendation of Committee of the Whole t o DENY
request, re Zoning Case 02-53-A, to change the z oning
from C-2 Limited Office Commercial District t o C-3
General Commercial District, for property located at
2077 Dempster Street. Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning Case
03-09-A, to approve a Text Amendment to change Section
7.3-5-C (Conditional Uses, C-2 Limited Office Comme r cial
District) of the Zoning Ordinance to allow financial
institutions with a drive-through facility as an
accessory use; and place on First Reading Ordinance Z-6-
0 3, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE
CITY OF DES PLAINES ZONING CODE SECTION 7.3-5-C,
"CONDITIONAL USES, C-2 LIMITED OFFICE COMMERCIAL
DISTRICT" TABLE 7.3-1 (COMMERCIAL DISTRICTS USE MAT RI X),
(CASE 03-09-A). Motion declared carried . Aldermen
Beauvais and Brookman voted no. (further acti on o n this
matter under Unfinished Business on March 17 , 2 00 3)
Moved by Becker, seconded by Smith, to concur with
recommendation of Committee of the Whole to POSTPONE
until April 21, 2003, the request re Zoning Case 0 2 -7 2-
CU, to permit drive-through lanes for the proposed bank
in C-2 Limited Office Commercial District on propert y
located at 2077 Dempster/Miner Street (southwest c o rner
of Dempster Street and Rand Road, adj a cent to Ac r es
Lane) . Motion declared carried. Aldermen Beauvais ,
Sayad and Brookman voted no.
Moved by Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole to approve t he
Final Planned Unit Development, Zoning Case 00-33-PUD,
consisting of 25 townhouses; rezoning of the prope rty
from C-1 Neighborhood Shopping District to R-3 Townhou se
Residential District; approve all requested PUD
exceptions, contingent upon:
--the petitioner adding a provision to the homeowne r's
association by-laws that they will be responsible f or
the care and maintenance of all landscaping including
mowing the grass along the parkways fronting the entire
development; and
--the garages for Unit #22 and Unit #23 be turned f or
access from the courtyard; on property located a t the
northwest , southwest and southeast corners of Prairie
and First Avenues (1115-1125 Prairie Avenue, 11 33
Prairie Avenue, 650 First Avenue and 1115 Walter
Avenue); and City Attorney be authorized to draft
necessary ordinance. Motion declared carried. Aldermen
Beauvais, Christiansen and Brookman voted no. (further
action on this matter under Unfinished Business on March
17, 2003)
Moved by Smith, seconded by Argus, to concur with
recommendation of Committee of the Whole to grant
request for new Class B-1 Bulk Sales Dealers Liquor
License for property located at 1415 Ellinwood Stre e t;
d/b/a Sofia Specialty Food & Liquors; contingent upon
verification of fingerprints; and place on First Readi ng
Ordinance M-10-03. Motion declared carried. Alderman
Christiansen voted no.
Moved by Smith, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-10-03, AN ORDINAN CE
AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 34
"INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATION S~
LIQ. LIC.
(Cont'd.)
LIQ. LIC.
1425
ELLINWOOD:
WARRANT
REGISTER:
Resolution
R-29-03
AJOURNMENT:
PAGE TEN
168
3/3/03
OF THE CITY CODE OF DES PLAINES TO INCREASE THE CLASS B
AND CLASS B-1 LIQUOR LICENSES BY ONE TO ADD SOFIA
LIQUOR, INC., D/B/A SOFIA SPECIALTY FOOD AND LIQUORS
LOCATED AT 1415 ELLINWOOD IN DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 7-Beauvais, Murphy, Sayad, Brookman,
Becker, Smith, Argus
NAYS: 1-Christiansen
ABSENT: 0-None
Motion declared carried.
Moved by Smith, seconded by Argus, to concur with
recommendation of the Committee of the Whole to grant
request for new Class B-1 Bulk Sales Dealers Liquor
License for property located at 1425 Ellinwood Stre et ,
d/b/a El Mexico Grocery Store; contingent upon
verification of fingerprints; and City Attorney be
authorized to draft necessary ordinance. Motion
declared carried. Alderman Christiansen voted no .
(further action on this matter under Unfinished Business
on March 17, 2003)
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-29-03, 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 AN D
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. To t al :
$2,474,233.30. 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 Murphy, that the regular
meeting of the City Council adjourn. Motion decl ared
carried. Meeting adjourned at 11:02 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS ~,
DAY OF 2003