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09-02-2003001 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, TUESDAY, SEPTEMBER 2, 2003 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:45 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, September 2, 2003. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Alderman Beauvais arrived at 6:50 p.m. Also present were: City Manager Niemeyer, Assistant Director of Finance Jisa, Acting Police Chief Prandini, Fire Chief Farinella, Director of Engineering Oakley, Director of Public Works Dusckett and Assistant City Attorney Bartel. EXECUTIVE SESSION: PRAYER AND PLEDGE: PROCLAMATION: PRESENTATION: Moved by Brookman, seconded by Murphy, to go into Executive Session to discuss biannual review/Executive Session minutes. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. The City Council recessed at 6:46 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Marine Corps League Chaplain Sam Txakis, followed by the posting of colors by the Marine Corps Battalion Color Guard and the Pledge of Allegiance. Mayor Arredia read and presented a proclamation to Vincent H. Powers and the members of the gth Defense Battalion, U.S. Marine Corps for their outstanding service to our country in the Pacific theater in the final years of World War II; the Battalion recently celebrated its 33rct Annual Reunion. Mayor Arredia read and presented a proclamation to Debbie Walusiak, Executive Director of the Des Plaines Self-Help Closet and Pantry, which proclaimed the week of September 8 through 12, 2003 as Self-Help Closet and Pantry's Back to School Week, with the hope that community food drives held during this period will help replenish the Pantry's food supply so that no child in Des Plaines will return to school underfed or undernourished. Mayor Arredia read and presented a proclamation to Courtney Anderson Wascher, President of the Des Plaines Chamber of Commerce & Industry, which proclaimed the week os September 14 through 20, 2003 as Des Plaines Chamber of Commerce Week; the Chamber has served the community by advancing the civic, economic, industrial, professional and cultural welfare of the City since 1934. Mayor Arredia, Acting Police Chief Prandini and Police Officer Baggot (Police Explorer Advisor) introduced members of the Des Plaines Police Explorer Post 142 who EXPLORERS (Cont'd. ) CITIZEN PARTICIPA. : BIANNUAL REVIEW/ EXEC. SESS. MINUTES: PARKING PAD VARIATION/ 274 DOVER LANE: CONSENT AGENDA: PAGE TWO 002 9/2/03 recently competed in the statewide explorer competition in Peoria, Illinois and won trophies in Surveillance, Building Search, Felony Suspect Arrest, Accident Investigation and Crime Scene Response. Mr. Michael Mickelsen, Des Plaines Citizens for Responsible Development, P. 0. Box 2 7 60, Des Plaines, addressed the City Council to remind everyone that they have a petition on their web site to vote no on the new fire facility at Lee Street and Prospect Avenue; they also have another petition against the highrises in Des Plaines; you can log on and vote. Moved by Smith, seconded by Becker, to concur with consensus in Executive Session that the following Executive Session minutes, or portions thereof, no longer require confidential treatment and are available for public inspection as recommended by City Attorney Wiltse in his memo of August 22, 2003: August 17, 1992 -Collective Bargaining April 4, 1994 -Pending Litigation June 20, 1994 July 5, 1994 May 15, 1995 July 5, 1995 August 21, 1995 September 5, 1995 September 18, 1995 September 11, 1996 November 18, 1996 December 2, 1996 March 17,1997 June 9, 1997 July 7, 1997 July 21, 1997 August 4, 1997 April 6, 1998 April 20, 1998 Diamond v. City -Pending Litigation Diamond v. City -Pending Litigation Diamond v. City -Labor Negotiations/Fire -Collective Bargaining/Fire -Collective Bargain./Fire & Police -Collective Bargaining/9-1-1 -Collective Bargaining/9-1-1 -Collective Bargaining/AFSCME -Collective Bargaining/AFSCME -Collective Bargaining/AFSCME -Collective Bargaining/MECCA -Labor Negotiations/MECCA -Labor Negotiations/MECCA -Labor Negotiations/MECCA -Labor Negotiations/MECCA -Labor Negotiations/Fire -Amendment to Executive Session Minutes of April 6, 1998 September 21, 1998 -Labor Negotiations/Des Plaines Professional Firefighters Assoc. It was also the consensus of the aldermen that the need for confidentiality still exists as to all or part of the remaining minutes. Motion declared carried. Moved by Christiansen, seconded by Brookman, to POSTPONE until September 15, 2003 the request for a Parking Pad Variation for property located at 274 Dover Lane, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Alderman Brookman requested that Item 14 be removed from the Consent Agenda. Moved by Beauvais, seconded by Sayad, Consent Agenda except for Item 14. carried. to establish a Motion declared Moved by Sayad, 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; Ordinances M-54-03, M-55-03, M-56-03, M-57-03 and Z-28-03 were placed on First Reading; and Resolutions R-95-03, R-96-03 and R-97-03 were adopted. MINUTES: Consent Agenda LIQ. LIC./ 1924 s. MANNHEIM: Consent Agenda Ordinance M-54-03 LICENSE AGREEMENT/ 221 GOOD: Consent Agenda Ordinance M-55-03 LICENSE AGREEMENT/ 241 GOOD: Consent Agenda Ordinance M-56-03 LICENSE AGREEMENT/ 1480 OAKWOOD: Consent Agenda Ordinance M-57-03 ZONING CASE 03-43-V VARIATION/ 370 DULLES: Con. Agen. Ord. Z-28-03 PAGE THREE 003 9/2/03 Moved by Sayad, seconded by Becker, to approve minutes of the regular meeting of the City Council held August 18, 2003, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to approve minutes of the Executive Session of the City Council held August 18, 2003. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to amend Title 4, Chapter 4 "Intoxicating Liquors," Section 4-4-5 of the City Code to add one (1) Class B Bulk Sales Dealers Liquor License for property located at 1924 S. Mannheim Road, d/b/a Liquor Lane,; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M-54-03, 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 ADD ONE CLASS B LIQUOR LICENSE FOR GLEZCO, INC. D/B/A LIQUOR LANE, LOCATED AT 1924 S. MANNHEIM 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 legalize existing mailbox in City-owned right of way adjacent to property located at 221 Good Avenue (and 241 Good Avenue); the required building permit was obtained; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-55-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH MARIUSZ BUCZEK, HOMEOWNER, FOR THE INSTALLATION OF A DECORATIVE STONE MAILBOX IN THE CITY-OWNED PARKWAY IN FRONT OF 221 GOOD AVENUE 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 to legalize existing mailbox in City-owned right of way adjacent to property located at 241 Good Avenue (and 221 Good Avenue); the required building permit was obtained; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-56-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH MARION MALO, HOMEOWNER, FOR THE INSTALLATION OF A DECORATIVE STONE MAILBOX IN THE CITY-OWNED PARKWAY IN FRONT OF 241 GOOD AVENUE 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 to permit installation of a brick paver sidewalk, 4' wide and extend 16. 5' between the public sidewalk and the street curb in the City-owned right of way adjacent to property located at 1480 Oakwood Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-57-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A WALKWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNER C. L. BERNHOFT, 1480 OAKWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 03-43-V, to grant request for Variation to permit installation of a 6' solid privacy fence in a secondary front yard instead of the maximum permitted height of 4' with a 50% opening, on property located a~ Z-28-03 (Cont'd. ) FINAL PLANS TIME EXTEN./ 9661 GOLF (WATER'S EDGE) : Consent Agenda Resolution R-95-03 PUBLIC IMPROVEMENTS/ FLORES SUB. 2338 & 2342 EASTVIEW DR. : Consent Agenda Resolution R-96-03 TUCKPOINTING/ CIVIC CENTER 1420 MINER: Consent Agenda Resolution R-97-03 DRIVEWAY VARIATION/ 413 s. WARRINGTON: Consent Agenda BID AWARD/ PRINTING OF DIGEST: Consent Agenda PAGE FOUR 004 9/2/03 370 Dulles Road in R-1 Single Family Residential District; and further recommend to place on First Reading Ordinance Z-28-03, 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 370 DULLES ROAD, DES PLAINES, ILLINOIS (CASE 03-43-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to grant request for time extension for submittal of final development plans for Water's Edge Condominium Project, 9661 Golf Road (formerly Fisherman's Dude Ranch) from September 12, 2003 to and including March 12, 2004; original annexation agreement was approved by the City Council on February 18, 2003 under Resolution R-26-03; and further recommend to adopt Resolution R-95-03, A RESOLUTION AUTHORIZING AN EXTENSION OF THE SUBMISSION OF THE FINAL PLAN OF DEVELOPMENT FOR THE WATER'S EDGE CONDOMINIUM PROJECT TO MARCH 12, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to accept Public Improvements that include a catch basin, water service, sewers and driveway aprons for Flores Subdivision, 2338 and 2342 Eastview Drive; authorize release of public improvement surety in the amount of $42, 166. 50 (cash warranty in the amount of $2,811 has been posted by the developer and will be held for 18 months); and further recommend to adopt Resolution R-96-03. A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR FLORES SUBDIVISION LOCATED AT 2338 AND 2342 EASTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to accept proposal from Safe-Way Tuckpointing Company, 9120 Delphia Avenue, Des Plaines, for the tuckpointing of the lower-level facade of the Civic Center, 1420 Miner Street, in the total amount of $34,250/Budgeted Funds; it would be in the best interest of the City that usual bid procedures be waived; Mayor and City Clerk be authorized to execute necessary documents; bidder will comply with all applicable Prevailing Wage requirements and State Statutes; and further recommend to adopt Resolution R-97-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL BY SAFE-WAY TUCKPOINTING CO. FOR THE CIVIC CENTER AT 1420 MINER STREET, CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit installation of a flagstone path adjacent to driveway; total width of the driveway and flagstone area at the widest point would be approximately 16' (2' less than the maximum permit width of 18'); in the front yard of property located at 413 S. Warrington Road. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Becker, to concur with Staff recommendation to award bid for the quarterly printing of the Des Plaines Digest to the lowest bidder to meet specifications, Strathmore Company, 2000 Gary Lane, Geneva, IL 60134, for a three (3) year period at a base cost of $2,785.17 -2004; $2,888.17 -2005; and $2,900 - 2006/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ PUBLIC WKS. STORAGE GARAGE, 1111 SCHWAB RD.: ORDINANCE M-55-03 LIC. AGREE./ 221 GOOD: ORDINANCE M-56-03 LIC. AGREE./ 241 GOOD: ORDINANCE Z-28-03 VARIATION/ 370 DULLES: WARRANT REGISTER: PAGE FIVE 005 9/2/03 Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for the design and building of a storage garage at the Public Wor ks Facility, 1111 Joseph J. Schwab Road, to the lowest bidder, Bach Building Systems, LLC, 4 61 NE Industrial Drive, Aurora, IL 60504, in the total bid amount of $193,900/$185,177.50 from insurance monies received, and $8, 722. 50 from Building Replacement Fund. 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 Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-55-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH MARIUSZ BUCZEK, HOMEOWNER, FOR THE INSTALLATION OF A DECORATIVE STONE MAILBOX IN THE CITY- OWNED PARKWAY IN FRONT OF 221 GOOD AVENUE IN 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 Beauvais, seconded by Becker, to advance to Second Reading and adopt Ordinance M-56-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH MARION MALO, HOMEOWNER, FOR THE INSTALLATION OF A DECORATIVE STONE MAILBOX IN THE CITY- OWNED PARKWAY IN FRONT OF 241 GOOD AVENUE IN 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 Sayad, seconded by Becker, to advance to Second Reading and adopt Ordinance Z-28-03, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8. 2-1 (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 370 DULLES ROAD, DES PLAINES, ILLINOIS (Case 03-43-0V). Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the September 2, 2003 - Warrant Register, in the total amount of $1,979,610.51; and further recommend that Resolution R-98-03 be adopted at appropriate time this evening. Motion declared carried. Alderman Becker abstained from voting on Warrant #09279 in the amount of $582 (conflict of interest) . MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION WARRANT REGISTER: Resolution R-98-03 ADJOURNMENT: PAGE SIX 006 9/2/03 Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-98-03, 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: $1,979,610.51. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 7:55 p.m. Donna McAllister, MMC CITY CLERK Anthony W. Arredia, MAYOR