06-16-2003239
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, JUNE 16, 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, June 16, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
Also present were: Acting City Manager Schneider, Assistant Director of
Finance Jisa, Police Chief Ryan, Fire Chief Farinella, Director of
Engineering Oakley, Director of Public Works Dusckett, Acting Director
of Human Resources Baj or, Assistant City Attorney Bartel and City
Attorney Wiltse.
PRAYER AND
PLEDGE:
INTRODUCTION:
WELCOME:
RECOGNITION:
PRESENTATION:
CITIZEN
PARTICIPA. :
The opening prayer was given by Major Kjell Steinsland,
The Sal vat ion Army, followed by the Pledge of Allegiance.
Mayor Arredia introduced David J. Niemeyer, who will be
assuming the position of City Manager on July 21, 2003.
Mayor Arredia welcomed the students from Maine West High
School who are participating in the City's Clinical
Government Program, which is now in its 28th year.
Mayor Arredia introduced and recognized the
accomplishments of Scott Dueball who received the rank
of Eagle from the Boy Scouts of America, Troop 114, on
June 1, 2003.
Mayor Arredia recognized Jim Roberts, retiring President
of CoVest Banc and former Economic Development Commission
member for his years of involvement with the needs of the
residents and the total community.
Mayor Arredia recognized the graduating Youth Advisory
Council members from Maine West High School and Elk Grove
High School for their involvement with the Youth
Commission: Karsten Hahn, Matea Varvodovic, Dan Shambro,
Amit Khatri, Lucy Rodriguez, Rob Kruse and Manny Ortiz.
Mayor Arredia introduced Special Events Commissioner and
Taste of Des Plaines Chairman Linda Forman who gave a
brief report on the recently held "Taste of Des Plaines;"
it was a tremendous success with over 15,000 people in
attendance; she thanked the City and the community for
their support and participation.
Alderman Argus and Richard Chierico, from School District
214, gave a brief overview of the Healthy Community
Partnership, which recently won a Governor's Home Town
Award to be presented to the City in Springfield on June
24, 2003; they recently attained the tax status of a
501C3 Foundation and will begin fundraising for their
programs.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council stating that a recent ordinance regarding
free speech was recently tabled; he doesn't know why it
was even brought up; also, the aldermen recently
discussed a parking pad for a truck on the front of the
house; trucks should not be allowed to park in a
residential area; it is allowed all through the City; the
Staff should look into that; also, he was surprised that
the City voted on a moratorium for the Des Plaines
Theater based on a rumor. ~
CITIZEN PAR.
(Cont'd.)
AMEND ORDER
OF BUSINESS:
ORDINANCE
M-33-03
LIQ. LIC./
1143 LEE:
PARKING PAD
VARIATION/
2003 PINE:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
240
6 /16/03
PAGE TWO
Ms. Dolores Vels, Des Plaines Citizens for Responsible
Development, P.O. Box 2760, Des Plaines, addressed the
City Council stating that she asked the Third Ward
alderman to walk her Ward with her to see how her
residents feel about the Riviera project, but she did not
hear from her; she is concerned about the height of the
Rivera building at 134'; it will be the tallest buil ding
in the area; she is issuing a request of all the
aldermen, except for the alderman of the Fifth Ward who
is responding to the wishes of the people, to walk their
Wards with members of her group; they will contact the
aldermen about a convenient time; let's ask the people.
Moved by Christiansen, seconded by Murphy, to amend the
order of business to bring to the floor the matter of the
Second Reading of Ordinance M-33-03, scheduled to be
adopted under Unfinished Business later in the meeting.
Motion declared carried.
Alderman Christiansen stated that all his concerns about
alcoholic beverages being secured have been satisfied;
the petitioner has signed an agreement to this affect.
Moved by Christiansen, seconded by Becker, to adopt
Ordinance M-33-03, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS"
SECTION 5, "NUMBER OF LICENSES LIMITED" OF THE CITY CODE
OF DES PLAINES, TO INCREASE THE CLASS H-2 LIQUOR LICENSES
BY ONE TO ADD WHITE HEN PANTRY, LOCATED AT 114 3 LEE
STREET IN DES PLAINES, ILLINOIS. Upon roll call, the
vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 0-None
ABSTAIN:l-Smith (conflict of interest )
Motion declared carried.
Moved by Christiansen, seconded by Becker, to POSTPONE
at the request of the petitioner, until July 7, 2003, the
request for a Parking Pad Variation for property located
at 2003 S. Pine Street, scheduled to be discussed under
Committee of the Whole later in the meeting. Motion
declared carried.
Alderman Sayad requested that Items 6 and 6a be removed
from the Consent Agenda.
Moved by Beauvais, seconded by Becker, to establish a
Consent Agenda except for Items 6 and 6a. Motion
declared carried.
Moved by Murphy, seconded by Brookman, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-35-03, Z-17-03, Z-18-03 and Z-19-03 were placed on
First Reading; and Resolutions R-73-03 and R-74-03 were
adopted.
Moved by Murphy, seconded by Brookman, to approve minutes
of the regular meeting of the City Council held June 2,
2003, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to approve minutes
of the Executive Session of the City Council meeting held
June 2, 2003. Motion declared carried as approved
unanimously under Consent Agenda.
LICENSE
AGREEMENT/
909 SIXTH:
Consent
Agenda
Ordinance
M-35-03
ZONING CASE
03-26-V
VARIATION/
711 E. GOLF:
Consent
Agenda
Ordinance
Z-17-03
ZONING CASE
03-28-V
VARIATION/
537 S. FIFTH:
Consent
Agenda
Ordinance
Z-18-03
LIBRARY HVAC
MAINTENANCE
CONTRACT:
Resolution
R-72-03
PAGE THREE
241
6/16/03
Moved by Murphy, seconded by Brookman, 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 909
S. Sixth Avenue; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-35-03,
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 TAMMY SCLITTER, 909
S. SIXTH AVENUE, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 03-26-V, to grant request for a Variation
to permit installation of a 6' high, solid fence in the
secondary front yard instead of the permitted height of
4' with a 50% opening, in R-1 Single-Family Residential
District on property located at 711 E. Golf Road; and
further recommend to place on First Reading Ordinance Z-
17-03, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS
8.2-l(B) AND 8.2-6(A) OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT A 6 FOOT, 100% SOLID FENCE, INSTEAD
OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 711 E. GOLF
ROAD, DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 03-28-V, to grant request for Variation
to permit construction of an oversized accessory
structure (detached garage) and to permit lot coverage
of 32% instead of the maximum permitted lot coverage of
30%, in R-1 Single-Family Residential District on
property located at 537 S. Fifth Avenue; and further
recommend to place on First Reading Ordinance Z-18-03,
AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.1-3E
AND 7.2-4D OF THE CITY OF DES PLAINES ZONING ORDINANCE
TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY
STRUCTURE (DETACHED GARAGE) AT 537 S. FIFTH AVENUE, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Alderman Sayad asked why this was not sent out for bid.
Library representative John Ciborowski said the Des
Plaines Library requested proposals; McQuayService is the
manufacturer of the equipment they have now; they have
promised to replace some equipment free of charge.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute a five ( 5) -year "Assured
Maintenance Agreement" with McQuayService, 175 Hansen
Court, Suite 103, Wood Dale, IL 60191, to provide
maintenance for the air conditioning system at the Des
Plaines Library, 1501 Ellinwood Street, for the Year One
cost of $9,803; the Year Two cost of $13,850; the Year
Three cost of $14,266; the Year Four cost of $14,694; and
the Year Five cost of $15,136/funded by the Library and
Building & Grounds Fund; it would be in the best interest
of the City that usual bid procedures by waived; and
further recommend to adopt Resolution R-72-03, A
RESOLUTION AUTHORIZING THE EXECUTION OF A MAINTENANCE
AGREEMENT FROM MCQUAYSERVICE FOR THE AIR CONDITIONING
COMPRESSORS AT THE DES PLAINES PUBLIC LIBRARY, 1501
ELLINWOOD 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.
SQUAD CAR
VIDEO EQUIP.
UPGRADE
AGREEMENT:
Consent
Agenda
Resolution
R-73-03
TESTING SVS./
POLICE
SERGEANTS:
Consent
Agenda
POLICE IN-CAR
COMPUTER SYS.
ILL. WIRELESS
INFORMATION
NETWORK:
Consent
Agenda
PURCHASE OF
POLICE CAR:
Consent
Agenda
MATERIALS/
STORAGE
GARAGE AT
FIRE STA. #3:
Consent
Agenda
PURCHASE/
FLOODLIGHT-
GENERATOR
TRAILER UNITS
FOR FIRE
DEPARTMENT:
Consent
Agenda
ERIC ELIAS
FOUNDATION
SK RUN-WALK:
Consent
Agenda
PAGE FOUR
242
6/16/03
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to authorize agreement with Kustom
Signal, Inc., 9325 Pflumm, Lenexa, KS 66215, to upgrade
the eighteen ( 18) in-car video cameras to a digital
system and install in eighteen (18) marked police squad
cars, at a cost of $36,648/Custom Seizure Funds; Police
Chief be authorized to execute any and all necessary
documents; and further recommend to adopt Resolution R-
73-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DES PLAINES, ILLINOIS, AUTHORIZING THE UPGRADE OF 18 IN-
CAR VIDEO CAMERA SYSTEMS CURRENTLY INSTALLED IN MARKED
POLICE SQUAD CARS, EQUIPMENT SUPPLIED BY KUSTOM SIGNALS r
INC. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to ratify action taken by the Des
Plaines Police and Fire Commission and authorize
to Stanard & Associates, Inc., 309 W. Washington
Suite 1000, Chicago, IL 60606, to provide
services for the civil service position of
sergeant, in the amount of $7,000/Budgeted Funds.
declared carried as approved unanimously under
Agenda.
payment
Street,
testing
police
Motion
Consent
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to authorize the replacement of the
Police Department in-car computer technology with the
Illinois Wireless Information Network ( IWIN) , at an
implementation cost for this system of $298,944; funding
of $113,719 from COPS MORE Grant #2002CMWX0015 through
U.S. Department of Justice, and $185,225 from Custom
Seizure Funds. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to purchase One ( 1) 2003 Dodge
Intrepid from Thomas Dodge, 15941 S. 94th Avenue, Orland
Park, IL 60462, who was awarded the State bid, in the
amount of $16, 502/Narcotics Seizure Funds; this is a
replacement vehicle for the Police Department. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to accept proposal from Menards,
2300 Higgins Road, Hoffman Estates, IL 60195, for the
purchase of building materials to construct a storage
garage at Fire Station #3, 130 E. Thacker Street, in the
amount of approximately $6,750.84/Budgeted Funds
(firefighters will provide the labor); and it would be
in the best interest of the City that usual bid
procedures be waived. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to accept proposal from Thompson
Grand Rental Station, Inc., 1460 Oakton Street, Des
Plaines, for the purchase of Two (2) Mobile Floodlight-
Generator Trailer Units to replace ones lost in a recent
fire, in the amount of $16,835/2003 Risk Management Fund;
and it would be in the best interest of the City that
usual bid procedures be waived. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to grant request from the Eric Elias
Foundation to hold a SK Run-Walk on Saturday, October 4,
2003, from 8:00 a.m. to 11:00 a.m., on various streets
near Orchard Place School to raise money to assist
families affected by Muscular Dystrophy, contingent upon
execution of a Hold Harmless Agreement (Eric Elias passed
away in 1999 from Duchenne Muscular Dystrophy and
attended Orchard Place School). Motion declared carried
as approved unanimously under Consent Agenda. ~
DRIVEWAY
VARIATION/
130
WESTMERE:
Consent
Agenda
PATIO
VARIATION/
2480 MAPLE:
Consent
Agenda
PATIO
VARIATION/
174
ROXBURY:
Consent
Agenda
PARKING PAD
VARIATION/
174
ROXBURY:
Consent
Agenda
BID AWARD/
FIRE
HYDRANTS:
Consent
Agenda
BID AWARD/
WELLER CREEK
TREE
REMOVAL:
Consent
Agenda
APPOINTMENTS/
REAPPOINT. :
Consent
Agenda
PAGE FIVE
243
6/16/03
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments to permit
construction of a 12' wide driveway extension to existing
driveway to create a circular driveway on property
located at 130 Westmere Road. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments to permit
construction of a round-shaped patio, 20' wide x 24' long
in the rear yard of property located at 2480 Maple Street
(Code prohibits patios from extending more than 15' from
the building foundation) . Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments for
property located at 174 Roxbury Lane, to permit
construction of an additional 14' x 21. 5' section to
existing patio which would then extend approximately
33.5' from the building foundation in one direction and
approximately 20.5' in the other direction (Code
prohibits patios from extending more than 15' from the
building foundation) . Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments for
property located at 174 Roxbury Lane, to permit
construction of an additional 9' to the existing driveway
to create a parking pad with a combined driveway/parking
pad width of 18'; contingent upon driveway/parking pad
lining up from the street with the driveway at the
petitioner's property line. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to award bid for Purchase of Fire
Hydrants and Auxiliary Valve Assemblies to the lowest
bidder, National Waterworks, Inc., 220 S. Westgate Drive,
Carol Stream, IL 60188, in the total bid amount of $1,375
per hydrant/Water Distribution Fund (approximately 30
hydrants are purchased annually) . Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation and award bid for Weller Creek Tree
Removal to the lowest bidder, Winkler's Tree &
Landscaping, P.O. Box 1154, LaGrange Park, IL 60525, at
a 1-6" diameter cost of $24.83, a 6-15" diameter cost of
$24.83, and over 15" diameter cost of $24.83; for a total
inch diameter cost of $74.49/General Improvement Fund.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Murphy, seconded by Brookman, to approve Mayoral
appointments/reappointments as follows:
Appointments:
LIBRARY BOARD
Susan Weinberg, term to expire June 30, 2004
Elaine Tejcek, term to expire June 30, 2005
Reappointments:
ECONOMIC DEVELOPMENT COMMISSION
Bill Atherton, term to expire April 30, 2007
Graham Hills, term to expire April 30, 2007
Robert Shambora, term to expire April 30, 2007
ZONING BOARD OF APPEALS
Dan Fletcher, term to expire April 30, 2008
Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE
Z-19-03
CONDIT. USE/
1029
GRACELAND:
Consent
Agenda
RESOLUTION
R-74-03
BUS. DEV.
AGREEMENT/
GATEWAY-KIA
855 RAND:
Consent
Agenda
ORDINANCE
M-35-03
LIC. AGREE./
909 SIXTH:
ORDINANCE
Z-18-03
VARIATION/
537 FIFTH:
WARRANT
REGISTER:
WATER SHUT
OFF ORD.
AMENDMENT:
PAGE SIX
244
6/16/03
Moved by Murphy, seconded by Brookman, to place on First
Reading Ordinance Z-19-03, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.2-
4 (D) OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW
THE OPERATION OF A CONGREGATE HOUSING FACILITY IN A C-3
GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 1029 S.
GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE 03-24-CU).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Murphy, seconded by Brookman, to adopt
Resolution R-74-03, A RESOLUTION AUTHORIZING THE
EXECUTION OF A BUSINESS DEVELOPMENT AGREEMENT BETWEEN
GATEWAY IMPORTS, INC. AND THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Murphy, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-35-03, 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 TAMMY SCLITTER, 909 S.
SIXTH AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the
vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Murphy, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-18-03, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTIONS 8.1-3E AND 7.2-4D OF
THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE
CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE
(DETACHED GARAGE) AT 537 S. FIFTH AVENUE, DES PLAINES,
ILLINOIS (CASE 03-28-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 Murphy, seconded by Becker, to recommend to the
City Council approval of the June 16, 2003 -Warrant
Register, in the total amount of $5,217,113.09; and
further recommend that Resolution R-75-03 be adopted
at appropriate time this evening. Motion declared
carried.
Assistant Director of Finance Jisa reviewed Director of
Finance Egeberg's memo of June 6, 2003, which recommends
that the City stop turning water off for residents who
owe less than $200; those owing more than $200 or if they
are more than 90 days past due will have their water
turned off; the Staff is also recommending that the turn-
on fee be increased to $50 from $33.
Alderman Murphy stated that the City should not stop
turning water off at any amount; this is not fair to
those who pay their water bills on time; she does agree
that the turn-on fee should be increased to $50.
WATER ORD.
(Cont'd.)
PROPOSED
AMENDMENT/
TOBACCO
ORDINANCE:
ZONING CASE
02-78-A
TEXT AMEND./
PLANNED UNIT
DEVELOPMENT
STANDARDS:
245
6/16/03
PAGE SEVEN
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that turning off water
seems like a lot of work, but it isn't, it only takes 60
seconds; we are paying a lot of money for just a few
minutes of work.
Moved by Brookman, seconded by Becker, to concur with
Staff recommendation and recommend to the City Council
that the City no longer turn water off for residents who
owe less than $200; the turn-on fee be increased to $50;
and the City Attorney be authorized to draft necessary
ordinance.
Moved by Murphy, seconded by Argus, to adopt a substitute
motion and recommend to the City Council that the City
continue to shut off water when water bills have not be
paid within 30 days of the initial water bill
notification, but the turn-on fee be increased to $50.
MOTION DECLARED FAILED (Aldermen Murphy and Argus voted
yes; Aldermen Beauvais, Christiansen, Sayad, Brookman,
Becker and Smith voted no).
Motion declared carried on the original motion (Aldermen
Beauvais, Christiansen, Sayad, Brookman, Becker and Smith
voted yes; Aldermen Murphy and Argus voted no).
LEGAL & LICENSING -Alderman Smith, Chair
Assistant City Attorney Bartel reviewed his memo of June
4, 2003, which recommends several amendments to the
tobacco regulations ordinance, i.e. prohibit self-service
sale of tobacco products, keep all tobacco products
behind service or sales counters, prevent anyone under
21 years of age from selling tobacco products, require
installation of remote operating devices on any cigarette
vending machines.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation and recommend to the City Council to
prohibit self-service sale of tobacco products; lockout
devices be required; and City Attorney be authorized to
draft necessary ordinance. Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Acting City Manager Schneider reviewed his memo of June
10, 2003, regarding the proposed amendments to the
Planned Unit Development ( PUD) regulations as recommended
by the Des Plaines Plan Commission and Staff, i.e.
minimum size for PUDs consisting of townhouses be reduced
from four (4) to two (2) acres; minimum peripheral yards
based on building height be reduced to as small as five
(5) feet; distance between buildings be reduced to 15v.
Alderman Brookman stated that these changes are huge and
could have a negative effect on surrounding properties;
the developers will be happy but she is not sure the
residents will be; the high standards should stay in
place; we should see the survey results before we vote
on this text amendment; there is no reason to rush.
Motion by Alderman Brookman to recommend to the City
Council that discussion on the changes to the Planned
Unit Development (PUD) standards be POSTPONED until July
7, 2003 or until all the reports are received by the
aldermen, died for lack of a second.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation and recommend to the City Council, re
Zoning Case 02-78-A, to amend the Planned Unit
Development (PUD), as follows:
PUD STANDARDS
(Cont'd.)
ZONING CASE
02-79-A
MAP AMEND./
1601, 1603 &
1609 HILLS:
ZONING CASE
03-22-A
MAP AMEND./
1365 LEE:
246
6/16/03
PAGE EIGHT
--minimum size for PUDs consisting of townhouses be
reduced from four (4) to two (2) acres;
--minimum peripheral yards, which are based on building
height, be reduced from a possible 45', in the case of
townhouses, to as small as five (5)';
--distance between buildings in a PUD be reduced from a
possible 45' to 15'; and
further recommend that the General Design standard be
amended to read: "The Planned Unit Development shall be
designed to offer more architectural features, enhanced
landscaping and extra open space, and not be designed to
be detrimental to or endanger the public health, safety,
morals, comfort or general welfare;" and City Attorney
be authorized to draft necessary ordinance. Motion
declared carried. Alderman Brookman voted no.
Acting City Manager-Zoning Administrator Schneider
reviewed his memo of April 25, 2003, regarding request
for rezoning of property located at 1601, 1603 and 1609
Hills Avenue (River and Rand Roads) from R-1 Single-
Family Residential District to C-3 General Commercial
District; the Staff recommends approval of this request
with conditions; the only matter before the aldermen this
evening is the rezoning, the final design, access and
egress will come before the aldermen for approval at a
later date.
Alderman Beauvais stated that this Map Amendment does not
include the corner lot; the two owners should get
together and work out a project; residents are concerned
about what is going to go on the corner; she and Alderman
Say ad have a meeting with the owner of the corner
property on Wednesday; we shouldn't piece meal this
corner.
Alderman Becker stated that we need to clean up this area
once and for all; maybe we should make it a TIF District.
Alderman Brookman stated that she would be in favor of
townhomes or single family homes on this site; we should
not do it piece meal.
Moved by Beauvais, seconded by Brookman, to recommend to
the City Council to POSTPONE further discussion on Zoning
Case 02-79-A, regarding request for rezoning of property
located at 1601, 1603 and 1609 Hills Avenue until August
4, 2003. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Murphy,
Sayad, Brookman
NAYS: 3-Becker, Smith, Argus
ABSENT: 0-None
Motion declared carried.
Acting City Manager-EDC Director /Zoning Administrator
Schneider reviewed his memo of June 10, 2003, regarding
request to rezone property located at 1365 Lee Street (at
Forest Avenue) from M-1 Limited Manufacturing District
to C-3 General Commercial District; both the Des Plaines
Plan Commission and Staff recommend approval.
Ms. Krisina Dalman, attorney for petitioner, ALDI; was
introduced and answered questions from the aldermen. A
general discussion was held on store hours, traffic light
at Forest Avenue, etc.
Mr. Wayne Serbin, 8 35 Pearson Street, addressed the
Committee of the Whole stating that he has gone to
various ALDI stores; he was very much impressed; it will
help senior citizens who are on a fixed income.
1365 LEE
(Cont'd. )
ZONING CASE
03-27-CU
CONDIT. USE/
1441 RAND:
PAGE NINE
247
6/16/03
Moved by Brookman, seconded by Sayad, to concur with
recommendation of Des Plaines Plan Commission and Staff
and recommend to the City Council, re Zoning Case 03-22-
A, to grant request for a Map Amendment to rezone
property located at 1365 Lee Street from M-1 Limited
Manufacturing District to C-3 General Commercial
District; and City Attorney be authorized to draft
necessary ordinance. 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.
Acting City Manager/Zoning Administrator Schneider
reviewed his memo of June 3, 2003, regarding request, re
Zoning Case 03-27-CU, for a Conditional Use to permit a
used car sales lot in C-3 General Commercial District;
both the Des Plaines Zoning Board of Appeals and Staff
recommend against approval, but Staff would consider
approval of this request with conditions suggested by the
Des Plaines Zoning Board of Appeals; the petitioner has
indicated that he will accept these conditions, i.e.
parking spaces, number of display cars, lighting,
loudspeakers, fence, and work with the City to develop
an acceptable plan.
Petitioner Gregory Grosman and George Shlyak were
introduced and answered questions from the aldermen.
Alderman Brookman stated that since he will meet all the
conditions of the Des Plaines Zoning Board of Appeals and
Staff, she will be voting for this request.
Alderman Sayad stated that all the businesses in this
area are in favor of this request.
Alderman Beauvais would like to have a probationary
period of one (1) year placed on this Conditional Use to
make sure the petitioner complies with a ll the
conditions, i.e. improve landscaping, fence. City
Attorney Wiltse said that the City cannot put a
probationary period on a Conditional Use, but you can
make it part of the conditions in the ordinance.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that he walks past all the
car dealers on Rand Road every day; this project would
be a breath of fresh air compared to the others.
Mr. Gary Danfield, 655 River Road, addressed t he
Committee of the Whole stating that he used to live i n
this area; this property has turned over so many times;
we have to put something good in there.
Alderman Christiansen stated that he doesn't feel this
is the best use for this site; just to accept something
that looks better is not a good idea; if the site is so
bad, maybe the City should go after the owner to clean
it up; he will be voting against this request.
Alderman Argus stated that the City should be supporting
small businesses; a lot of people are looking for used
cars; if the petitioner will do everything he says he
will, I will vote for this request.
Moved by Beauvais, seconded by Brookman, to recommend to
the City Council to approve request, re Zoning Case 03-
27-CU, for a Conditional Use to permit a used car sales
lot in C-3 General Commercial District on property
located at 1441 Rand Road, CONTINGENT upon petitioner
complying with all conditions recommended by the Des
Plaines Zoning Board of Appeals and Staff, i.e. improved
landscaping, fence, parking spaces, loudspeakers, before
starting his business; and City Attorney be authorized
to draft necessary ordinance. ~
1441 RAND
(Cont'd. )
PROPERTY TAX
INCENTIVES/
VACANT
BUILDINGS:
WARRANT
REGISTER:
Resolution
R-75-03
PAGE TEN
248
6/16/03
Moved by Smith, seconded by Becker, to adopt a SUBSTITUTE
MOTION and recommend to the City Council that Zoning Case
03-27-CU regarding request for Conditional Use to permit
a used car sales lot on property located at 1441 Rand
Road be POSTPONED until August 18, 2003. Upon roll call,
the vote was:
AYES: 4-Christiansen, Becker, Smith, Argus
NAYS: 4-Beauvais, Murphy, Sayad, Brookman
ABSENT: 0-None
MOTION DECLARED FAILED (a tie voted is a failed vot e ) .
Upon roll call on the original motion, the vote was:
AYES: 4-Beauvais, Sayad, Brookman, Argus
NAYS: 4-Christiansen, Murphy, Becker, Smith
ABSENT: 0-None
MOTION DECLARED FAILED (a tie vote is a failed vote) .
Acting City Manager-EDC Director Schneider reviewed his
memo of May 14, 2003, regarding the various Cook County
property tax classification incentives (Class 6b, 6c, 7a
and 7b) available for buildings that have been vacant for
two (2) years or more; the Economic Development
Commission and Staff recommend approval of these
incentives.
Alderman Beauvais asked that the aldermen be provided
with the addresses of these vacant buildings before this
matter is voted on.
Alderman Brookman stated that we should be making an
evaluation of each property; we would be doing a
disservice to the residents and the business community ;
it is bad fiscal policy; she will be voting no.
Motion by Alderman Beauvais to recommend to the City
Council to approve the Cook County property tax
classification incentives for buildings that have been
vacant for two (2 ) years or more; Staff be authorized to
provide the aldermen with a list of all vacant buildi ngs;
and City Attorney be authorized to draft necessary
resolution, DIED FOR LACK OF A SECOND.
Moved by Say ad, seconded by Becker, to concur with
recommendation of Economic Development Commission and
Staff and recommend to the City Council to approve the
Cook County property tax classification incentives for
buildings that have been vacant for two ( 2) years o r
more; and City Attorney be authorized to draft necessary
resolution.
Moved by Brookman, seconded by Argus, to adopt a
SUBSTITUTE MOTION and recommend to the City Council to
NOT approve the Cook County property tax classification
incentives throughout the City for buildings that have
been vacant for two (2) years or more, but take each
request on a case by case basis. Upon roll call, the
vote was:
AYES: 6-Beauvais , Christiansen , Murphy ,
Sayad, Brookman, Argus
NAYS: 2-Becker, Smith
ABSENT: 0-None
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Murphy, to concur wit h
recommendation of Committee of the Whole to adopt
Resolution R-75-03, 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:
~
R-75-03
(Cont'd. )
WATER SHUT
OFF ORD.
AMENDMENT:
TOBACCO
ORDINANCE
AMENDMENT:
ZONING CASE
02-78-A
TEXT AMEND./
PLANNED UNIT
DEVELOPMENT
STANDARDS:
ZONING CASE
02-79-A
MAP AMEND./
1601, 1603 &
1609 HILLS:
ZONING CASE
03-22-A
MAP AMEND./
1365 LEE:
ZONING CASE
03-27-CU
CONDIT. USE/
1441 RAND:
PAGE ELEVEN
$5,217,113.09. 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.
249
6 /1 6/0 3
Moved by Sayad, seconded by Smith, to concur with
recommendation of Committee of the Whole that the City
no longer turn water off for residents who owe less than
$200; the turn-on fee be increased to $50; and the City
Attorney be authorized to draft necessary ordinance.
Motion declared carried. Aldermen Murphy and Argus voted
no. (further action on this matter under Unfinished
Business on July 7, 2003)
Moved by Smith, seconded by Becker, to concur with
recommendation of Committee of the Whole that City
prohibit self-service sale of tobacco products; lockout
devices be required; and City Attorney be authorized to
draft necessary ordinance. Motion declared carried
(further action on this matter under Consent Agenda on
July 7, 2003).
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole, re Zoning Case
02-78-A, to amend the Planned Unit Development (PUD )
standards, as follows:
--minimum size for PUDs consisting of townhouses be
reduced from four (4) to two (2) acres:
--minimum peripheral yards, which are based on building
height, be reduced from a possible 45', in the case of
townhouses, to as small as five (5)';
--distance between buildings in a PUD be reduced from a
possible 45' to 15'; and
further recommend that the General Design standard b e
amended to read: "The Planned Uni t Devel opment shall be
designed to offer more architectural features , enhanced
landscaping and extra open space, and not be designed to
be detrimental to or endanger the public health, safety,
morals, comfort or general welfare;" and City Attorney
be authorized to draft necessary ordinance. Motion
declared carried. Alderman Brookman voted no. (further
action on this matter under Unfinished Business on July
7' 2003)
Moved by Christiansen, seconded by Brookman, to concur
with recommendation of Committee of the Whole to POSTPONE
further discussion on Zoning Case 02-79-A, regarding
request for rezoning of property located at 1601, 1603
and 1609 Hills Avenue until August 4, 2003. Motion
declared carried. Aldermen Becker, Smith and Argus voted
no.
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoni ng Case
03-22-A, to grant request for a Map Amendment to rezone
property located at 1365 Lee Street from M-1 Limited
Manufacturing District to C-3 General Commercial
District; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried (further
action on this matter under Consent Agenda on July 7,
2003).
Moved by Becker, seconded Smith, to DENY Zoning Case 03-
27-CU, regarding request for a Conditional Use to permit
a used car sales lot in C-3 General Commercial District
on property located at 1441 Rand Road.
Moved by Beauvais, seconded by Sayad, to adopt a
SUBSTITUTE MOTION to approve request, re Zoning Case 03-
27-CU, for a Conditional Use to permit a used car sales
lot in C-3 General Commercial District on property
located at 1441 Rand Road, CONTINGENT upon petitioner
complying with all conditions recommended by the
1441 RAND
(Cont'd.)
PROPERTY TAX
INCENTIVES/
VACANT
BUILDINGS:
ADJOURNMENT:
PAGE TWELVE
250
6/16/03
Des Plaines Zoning Board of Appeals and Staff, i.e.
improved landscaping, fence, parking spaces,
loudspeakers; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried, Aldermen
Christiansen, Becker and Smith voted no. (further acti on
on this matter under Unfinished Business on July 7, 2003 )
Moved by Argus, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to NOT approve
the Cook County property tax classification incentives
throughout the City for buildings that have been vacant
for two (2) years or more, but take each request on a
case by case basis. Motion declared carried. Aldermen
Becker and Smith voted no.
Moved by Sayad, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:00 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS
DAY OF