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04-21-2003187 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, APRIL 21, 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.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 21, 2003. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus. Alderman Brookman was absent. Also present were: Director of Finance Egeberg, 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: RECOGNITION: INTRODUCTION: DES PLAINES THEATER PRESERVA. SOCIETY: CONSENT AGENDA: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia read honorable mention certificates that have been presented to Police Officer Richard Niznik and Police Officer Phillip Olsen for their skillful handling of a call that led to the arrest and clearance of two (2) burglaries. Mayor Arredia read a petition from residents on Webster Lane, between Algonquin Road and Thacker Street, commending the City's Project Resident Engineer Eric Heiker for his efficiency and cooperation during the recent reconstruction of their street. Mayor Arredia introduced the young participants in the recent Oratorical 2003 contest sponsored by the Des Plaines Optimist Club; Zack Ladner and Heather Dean gave their winning presentations. Mayor Arredia introduced Congresswoman Jan Schakowski, 9th District, who offered her assistance in helping Des Plaines solve its challenges. Alderman Becker announced that the matter of the Des Plaines Theater Preservation Society's request regarding the theater will be discussed again on June 2, 2003 under Unfinished Business. Alderman Beauvais requested that Item 14 be removed from the Consent Agenda. Moved by Sayad, seconded Consent Agenda except for carried. by Becker, Item 14. to establish a Motion declared Moved by Sayad, seconded by Becker, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-14-03, M-17-03 and Z-9-03 were adopted; Ordinances M- 18-03, M-19-03, M-20-03, M-21-03, M-22-03 and T-4-03 were placed on First Reading; and Resolutions R-42-03, R-43- 03, R-44-03, R-45-03, R-46-03, R-47-03 and R-48-03 were adopted. ALLEY VACATION/ GRACELAND- N. W. HWY.: Consent Agenda Ordinance M-18-03 LIQ. LIC./ 935 OAKTON: Consent Agenda Ordinance M-19-03 LICENSE AGREEMENT/ 2133 ELMIRA: Consent Agenda Ordinance M-20-03 LICENSE AGREEMENT/ 283 ARDMORE: Consent Agenda Ordinance M-21-03 LICENSE AGREEMENT/ 334 LYNN: Consent Agenda Ordinance M-22-03 PAGE TWO 188 4/21 /03 Moved by Sayad, seconded by Becker, to concur with recommendation of Des Plaines Plan Commission to approve vacation of alley located in the block bounded by Graceland Avenue, Northwest Highway and Jefferson Street (Walgreen's site); and further recommend to place on First Reading Ordinance M-18-03, AN ORDINANCE FOR THE VACATION OF AN ALLEY RIGHT-OF-WAY LOCATED AT GRACELAND AVENUE AND NORTHWEST HIGHWAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to amend Title V, Chapter 34 "Intoxicating Liquors," Section 5-34-18 of the City Code to add ONE (1) Class H-1 Beer and Wine Only Liquor License for property located at 935 E. Oakton Street, d/b/a Taqueria Chelo's; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M-19-03, AN ORDINANCE AMENDING TITLE V, "BUSINESS REGULATIONS" CHAPTER 34 "INTOXICATING LIQUORS" SECTION 18, "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE CLASS H-1 LIQUOR LICENSES BY ONE TO ADD TAQUERIA CHELO'S, LOCATED AT 935 E. OAKTON STREET IN DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to grant request for property located at 2133 Elmira Avenue, for an after-the-fact Variation to Section 515.0 of the Building Code Amendments to permit an existing oversized rear yard patio that would extend approximately 26' from the building foundation (Code permits patios to extend 15' from the building foundation); AND an after-the-fact License Agreement to permit existing brick paver driveway on City-owned right- of-way, Mayor and City Clerk be authorized to execute said license agreement; all contingent upon petitioner paying a $150 fine for EACH violation for performing work without obtaining a building permit; and further recommend to place on First Reading Ordinance M-20-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNERS MIKE AND BARBARA D' AIELLO, 2133 ELMIRA AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to grant request to permit installation of a brick paver driveway apron in the City-owned right- of-way adjacent to property located at 283 Ardmore Road; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-21-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT- OF-WAY WITH OWNER DANIEL O'CONNELL, LOCATED AT 283 ARDMORE ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to grant request to permit installation of a brick paver driveway apron in the City-owned right- of-way adjacent to property located at 334 Lynn Court; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-22-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT- OF-WAY WITH OWNER GUILLERMO CONTRERAS, LOCATED AT 334 LYNN COURT, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. PARKING RESTRICTION/ HARDING AVE. & WEDGEWOOD: Consent Agenda Ordinance T-4-03 LEASE AGREEMENT/ ANKUS USA 1501 MINER: Consent Agenda Resolution R-42-03 IDOT AGREE./ EMERGENCY VEH. EQUIP. RIVER AND CENTRAL: Consent Agenda Resolution R-43-03 SUPPLEMENTAL IDOT AGREE./ ROUTE 14 IMPROVE.: Consent Agenda Resolution R-44-03 PAGE THREE 189 4/21/03 Moved by Sayad, seconded by Becker, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title X, Chapter 5 -"Stopping, Standing and Parking," Section 10-5-17, of the City Code to permit parking on both sides of Harding Avenue from Willow Avenue to Lee Street (parking will still be prohibited on the north side of Harding Avenue from Western Avenue to Willow Avenue); and there be no parking along the east side of Wedgewood Avenue (entire street); and further recommend to place on First Reading Ordinance T-4-03, 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 Sayad, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Lease Agreement with Ankur USA, Inc., d/b/a Kaffeccino, 1465 Ellinwood Street, for 125 sq. ft. of space as a Coffee Shop in the Des Plaines Transit Center, 1501 Miner Street, for a monthly rent of $170 with an annual increase of 5% each January 1st; the lease term is ten (10) years; and further recommend to adopt Resolution R-42-03, A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND ANKUR USA, INC. d/b/a KAFFECCINO LOCATED AT 1501 MINER STREET IN THE DES PLAINES TRANSIT CENTER. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute agreement with Illinois Department of Transportation (IDOT) to install Emergency Vehicle Pre- Emption Equipment at the intersection of Des Plaines River Road and Central Road as part of IDOT's traffic signal system improvements, at a cost to the City of $6,900/MFT Funds; City Clerk be authorized to execute IDOT Form BLR4103 MFT Section 03-00188-00-TL in said amount; and further recommend to adopt Resolution R-43- 03, A RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION "RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE," AND ATTACHED AGREEMENT THERETO, FOR THE PURPOSE OF THE INSTALLATION OF EMERGENCY VEHICLE PREEMPTION EQUIPMENT AT THE INTERSECTION OF DES PLAINES RIVER ROAD AT CENTRAL ROAD (03-00188-00-TL). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Supplemental Agreement" to agreement approved by the City Council on January 2, 2001, with Illinois Department of Transportation (IDOT) for resurfacing of U.S. Route 14 (Northwest Highway) from Mt. Prospect Road to the Miner Street Bridge over the Des Plaines River (in the amount of $42,660), for additional work items, i.e. parking lane base patching, sidewalk removal and replacement, driveway apron removal and replacement, brick paver removal and replacement; in the additional amount of $35,118/MFT Funds, Section 00-00180-00-RS, for a total project cost of $77,778; and further recommend to adopt Resolution R-44-03, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, A SUPPLEMENTAL AGREEMENT BETWEEN THE STATE OF ILLINOIS THROUGH ITS DEPARTMENT OF TRANSPORTATION (IDOT), AND THE CITY OF DES PLAINES TO ALLOW FUNDING FOR THE IDOT U.S. ROUTE 14 IMPROVEMENT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. GEOTECH. ENGRG. SVS./ 2003 CIP MIDWEST ENGINEERING SERVICES: Consent Agenda Resolution R-45-03 MEMBERSHIP/ IPBC WITH CONTRACT & BY-LAWS: Consent Agenda Resolution R-46-03 RESCIND R-25-02 & CITY PARTIC. IN POLICE MENTAL HEALTH ASSISTANCE PROGRAM: Consent Agenda Resolution R-47-03 PURCHASE OF FITNESS EQP./ STATION #1: Consent Agenda REJECT BIDS/ 2003 STREET RESURFACING PROGRAM: BID AWARD/ DEMOLITION OF P.W. STORAGE BUILDING: Consent Agenda PAGE FOUR 190 4/21/03 Moved by Sayad, seconded by Becker, to concur with Staff recommendation to accept proposal from Midwest Engineering Services, Inc., 4243 W. 166th Street, Oak Forest, IL 604 52, to perform Geotechnical Engineering Services (soils and materials testing) on Contracts 1, 2, A and the Concrete Program for the 2003 Capital Improvement Program, in the amount of $40,474/MFT Funds, Section 03-00000-00-GM; and further recommend to adopt Resolution R-45-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN MIDWEST ENGINEERING SERVICES, INC. AND THE CITY OF DES PLAINES FOR GEOTECHNICAL ENGINEERING SERVICES TO BE PERFORMED FOR THE 2003 CAPITAL IMPROVEMENT PROGRAM AT A COST NOT TO EXCEED $40,474, FUNDED FROM THE MOTOR FUEL TAX FUND (03-00000- 00-GM) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute any document necessary to indicate membership by the City in the Intergovernmental Personnel Benefit Cooperative (IPBC) and accept their contract and by-laws, to jointly administer some or all of the personnel benefit programs in order to contain costs related to health benefits; and further recommend to adopt Resolution R-46-03, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE CONTRACT AND BY-LAWS DOCUMENT OF THE INTERGOVERNMENTAL PERSONNEL BENEFIT COOPERATIVE (IPBC) AND AUTHORIZING MEMBERSHIP IN THE IPBC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to rescind Resolution R-25-02, adopted by the City Council on March 18, 2002, authorizing the City to contract with the Association of Police Social Workers (which is an unincorporated association) and to authorize the City's participation in the Intergovernmental Police Mental Health Assistance Program with various municipalities to provide mutual aid during a large scale, police-managed critical incident, retroactive to March 18, 2002; and further recommend to adopt Resolution R-47-03, A RESOLUTION AUTHORIZING THE EXECUTION OF AN "INTERGOVERNMENTAL POLICE MENTAL HEALTH ASSISTANCE AGREEMENT" AUTHORIZING THE CITY OF DES PLAINES' PARTICIPATION IN THE INTERGOVERNMENTAL POLICE MENTAL HEALTH ASSISTANCE AGREEMENT; AND THE RESCISSION OF RESOLUTION R-25-02. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to accept proposal from Magnum Fitness Systems, 2201 121th Avenue, South Milwaukee, WI 53172, for purchase of cardiac and strength physical fitness equipment for Fire Station #1, in the total amount of $24,390/Foreign Fire Insurance Tax Board Funds; and usual bid procedures be waived as this equipment best meets the fitness needs of the firefighters. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to reject all bids received on April 9, 2003, for 2003 Public Works Street Resurfacing Program, and this project be rebid with a return date of Thursday, May 8, 2003 at 3:00 p.m. Motion declared carried. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to award bid for Demolition of Storage Garage at Public Works Facility, 1111 Joseph J. Schwab Road, to the lowest responsible bidder, Albright All Weather Service, Inc., 14N569 Timber Ridge Drive, Elgin, IL 60123, for Phase I in the total bid amount of $7,560, and, IF NEEDED, Phase 2 in the total bid amount of $2,677.50; funding from insurance monies received. Motion declared carried as approved unanimously und~ Consent Agenda. ~1 ADVERTISING FOR BIDS: Consent Agenda RESOLUTION R-48-03 D.P. PUBLIC LIB. LEASE/ 1501 ELLINWOOD: Consent Agenda ORDINANCE M-14-03 SIDEWALK CONSTRUCTION ESCROW: Consent Agenda ORDINANCE M-17-03 LICENSE AGREEMENT/ 501 ALLES: Consent Agenda ORDINANCE Z-9-03 MAP AMEND./ 556 GRACELAND: Consent Agenda ZONING CASE 02-72-CU CONDIT. USE/ 2077 DEMPSTER: PAGE FIVE 191 4/21/03 Moved by Sayad, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for a 4' ornamental aluminum fence (Alternate 1) and a 4' vinyl/PVC fence (Alternate 2) along Ellinwood Street, south of the METRA train tracks, between Des Plaines River Road (east end) and Graceland Avenue (west end), returnable by 3:00 p.m. Wednesday, May 7, 2003. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to adopt Resolution R-48-03, A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE BOARD OF LIBRARY TRUSTEES OF THE DES PLAINES PUBLIC LIBRARY AND THE CITY OF DES PLAINES FOR THE DES PLAINES PUBLIC LIBRARY, 1501 ELLINWOOD STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to adopt Ordinance M-14-03, AN ORDINANCE AMENDING THE CITY OF DES PLAINES CITY CODE, TITLE VIII, CHAPTER 1, SECTION 1, "INSTALLATION OF SIDEWALKS" (FORMERLY SECTION 9-1-14) TO ADD NEW LANGUAGE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to adopt Ordinance M-17-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH PROPERTY OWNER FRANCZAK & ASSOCIATES, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF- WAY IN FRONT OF 501 ALLES STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to adopt Ordinance Z-9-03, AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM R-4 CENTRAL CORE RESIDENTIAL TO C-3 GENERAL COMMERCIAL LOCATED AT 556 GRACELAND AVENUE (CASE 03-10-A) . Motion declared carried as approved unanimously under Consent Agenda. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed this request, re Zoning Case 02- 72-CU, to permit operation of a bank with a drive-through facility at 2077 Dempster Street. Petitioner Moti Agarwal addressed the Committee of the Whole and answered questions from the aldermen. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating his concern about the traffic congestion that will be caused by both the funeral home and the bank being located on this site. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council, re Zoning Case 02-72-CU, to grant request to permit the operation of a bank with a drive-through facility in C-2 Limited Office Commercial District on property located at 2077 Dempster Street; and Ordinance Z-10-03 be placed on First Reading at appropriate time this evening. Motion declared carried. WARRANT REGISTER: PROPOSED REVISIONS/ LIQ. LIC. ORDINANCE: COUNCIL RULES PROPOSED RULE V AMENDMENT: SPECIAL SVS. AREA/ WESTFIELD DRIVE: PAGE SIX 192 4/21 /03 FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the April 21, 2003 - Warrant Register, in the total amount of $3,520,393.11 ; and further recommend that Resolution R-49-03 be adopt e d at appropriate time this evening. Motion declared carried. LEGAL & LICENSING -Alderman Smith, Chair Alderman Smith reviewed the proposed revisions to the liquor license ordinance as outlined in City Attorney Wiltse's memo of April 11, 2003, i.e. separated sales area, Sunday hours, payment of fees. Moved by Becker, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council to approve the proposed revisions to the City's liquor license ordinance; and Ordinance M-23-03 be placed on First Reading at the appropriate time this evening. Motion declared carried. Alderman Smith reviewed the proposed amendment to Rule V of City Council Rules regarding the procedure for handling citizens who make statements criticizing City employees, businesses or companies by name. Alderman Sayad stated that aldermen should be included; they are sometimes subjected to criticism. Both Aldermen Smith and Murphy disagreed; as City employees, aldermen would be included. Moved by Sayad, seconded by Becker, to recommend to the City Council to accept the amendment to Rule V o f the City Council Rules but add "or any elected official," and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Murphy and Smith voted no. ENGINEERING -Alderman Christiansen, Chair City Engineer Oakley reviewed his memo of April 10, 20 03, regarding petition received from resident of Westfi e ld Drive requesting that a Special Service Area (SSA ) be created to fund the construction of public water main i n connection with street improvements along Westfield Lane this spring; the total cost for the 8" diameter water main would be $52,556; each homeowner would pay $800 a year for ten (10) years. Moved by Beauvais, seconded by Argus, to concur with Staff recommendation and recommend to the City Council to approve and create a Special Service Area (SSA ) to fund the construction of public water main in connecti on with street improvements along Westfield Lane; and Staff be authorized to proceed as necessary and prepare the necessary documents. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION ORDINANCE Z-8-03 CONDIT. USE/ 1363 JEFFERSON: ORDINANCE T-5-03 PARKING ORDINANCE AMENDMENTS: REMEDIATION AGREEMENT/ MANCARI'S 77 RAND: ORDINANCE T-4-03 PARKING RESTRICTION/ HARDING AND WEDGEWOOD: ZONING CASE 02-72-CU CONDIT. USE/ 2077 DEMPSTER: Ordinance Z-10-03 PAGE SEVEN 193 4/21/03 Moved by Beauvais, seconded by Murphy, to adopt Ordinance Z-8-03, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A DRIVE-THRU FACILITY AND A VARIATION TO SECTION 9.6-6 OF THE ZONING CODE TO PERMIT A PARKING LOT WITHOUT THE REQUIRED 5-FOOT LANDSCAPE DIVIDING STRIP BETWEEN THE DRIVE-THRU LANE AND THE PUBLIC SIDEWALK, AS PART OF A WALGREENS DRUG STORE LOCATED AT 1363 JEFFERSON STREET, DES PLAINES, ILLINOIS (CASE 03-07-CU-V). Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Sayad, seconded by Becker, to place on First Reading Ordinance T-5-03. Motion declared carried. Moved by Beauvias, seconded by Becker, to advance to Second Reading and adopt Ordinance T-5-03, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 5, "STOPPING, STANDING AND PARKING" SECTION 28, "CODE VIOLATION FINES" AND ADD A NEW SECTION 31 TO TITLE X, "TRAFFIC" CHAPTER 5, "STOPPING, STANDING AND PARKING" AND AMENDMENTS TO TITLE X, "TRAFFIC" CHAPTER 9, "LICENSES." Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Sayad, that Mayor and City Clerk be authorized to execute Remediation Agreement with Frank Mancari, d/b/a Mancari's of Des Plaines, 77 Rand Road, Des Plaines, to complete grading and installation of catch basins and drainage pipe so as not to cause flooding; outdoor lighting system be operated consistent with City Code; and Mr. Mancari to post $25, 000 bond and pay a $2, 000 fine (increased from $500). Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance T-4-03, 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. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole, re Zoning Case 02-72-CU, to grant request to permit the operation of a bank with a drive-through facility in C-2 Limited Office Commercial District on property located at 2077 Dempster Street; and place on First Reading Ordinance Z-10-03, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A FINANCIAL INSTITUTION AND DRIVE THROUGH FACILITY LOCATED AT 2077 DEMPSTER STREET IN DES PLAINES, ILLINOIS (CASE 02-72-CU) . Motion declared carried (further action on this matter under Consent Agenda on May 5 , 2 0 0 3 ) . WARRANT REGISTER: Resolution R-49-03 REVISIONS/ LIQ. LIC. ORDINANCE: Ordinance M-23-03 COUNCIL RULES PROPOSED RULE V AMENDMENT: SPECIAL SVS. AREA/ WESTFIELD DRIVE: RECESS: SWEARING-IN CEREMONY: COUNCIL RECONVENED: COMMITTEE ON COMMITTEES: AJOURNMENT: PAGE EIGHT 194 4/21 /03 Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-49-03, 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: $3,520,393.11. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole to approve revisions to the City's liquor license ordinance; and place on First Reading Ordinance M-23-03, AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE V, "LICENSES" CHAPTER 34 "INTOXICATING LIQUORS" OF THE CITY CODE OF DES PLAINES. Motion declared carried (further action on this matter under Consent Agenda on May 5, 2003). Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole to approve amendment to Rule V of the City Council rules but add "or any elected official," and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Unfinished Business on May 5, 2003). Aldermen Murphy and Smith voted no. Moved by Christiansen, seconded by Argus, to concur with recommendation of Committee of the Whole to approve and create a Special Service Area (SSA) to fund the construction of public water main in connection with street improvements along Westfield Lane; and Staff be authorized to proceed as necessary and prepare the necessary documents. Motion declared carried. Moved by Sayad, seconded by Becker, to call for a recess at 8:29 p.m. for the swearing-in of the newly-elected aldermen. City Clerk McAllister administered the Oath of Office to the following newly-elected aldermen: Thomas J. Christiansen -Alderman -Second Ward Dick Sayad -Alderman -Fourth Ward Thomas (Tom) Becker -Alderman -Sixth Ward Rosemary S. Argus -Alderman -Eighth Ward Mayor Arredia called the meeting back to order at 8:44 p.m. Roll call indicated that following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus. Moved by Sayad, seconded by Smith, to elect Alderman Christiansen as Chairman of the Committee on Committees. Motion declared carried. Alderman Christiansen announced that the Committee on Committees will meet to reorganize the Council Committees on Wednesday, April 30, 2003, at 6:30 p.m. at the Police Neighborhood Resource Center, 1928 E. Touhy Avenue. Moved by Becker, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:46 p.m. APPROVED BY ME THIS MAYOR PAGE NINE 195 4/21/03 Donna McAllister, MMC CITY CLERK