Loading...
05-07-2001270 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, MAY 7 I 2001 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 7, 2001. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, Argus. Alderman Beauvais arrived in Executive Session at 6:33 p.m. Alderman Brookman arrived in Executive session at 6:35 p.m. Also present were: Acting City Manager-EDC Director Schneider, Administrative Assistant Bajor, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Public Works Killian, Director of Engineering Oakley, Director of Community Development D' Onofrio, Director of Human Resources & Services Merriman, Director of Emergency Communications Ornberg, Assistant City Attorney Bartel, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: INTRODUCTION: PRESENTATION: Moved by Sayad, seconded by Murphy, to go into Executive Session to discuss acquisition of real property. Upon roll call, the vote was: AYES: 6-Christiansen Murphy Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Brookman Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 6:55 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Mayor Arredia read a letter from the United States Postal Inspection Service Northwest Division, expressing sincere appreciation to Police Sergeant Richard Rozkuska, and Police Officers Sean Flanagan and Malea Held for their assistance in the successful arrest of a fugitive on March 21, 2001. Police Chief Ryan introduced the following newly hired police officers: Robert Fitzpatrick, Matthew Laprell, John Rice and Earnest Durrell. Mayor Arredia and Police Chief Ryan introduced Angela Burton, the first female police officer to be promoted to the rank of Deputy Police Chief. Mayor Arredia introduced Special Events Commissioner and Taste of Des Plaines Chairman Linda Forman who gave a brief presentation of the upcoming "Taste of Des Plaines" to be held Saturday and Sunday, June 2 and 3, 2001, along Ellinwood Street from Pearson Street east, in conjunction with the 48th Annual Des Plaines Art Guild Art Fair in the Library Plaza and the Lattof YMCA 150th Anniversary Run. CITIZEN PARTICIPA.: REPORT/ COMMITTEE ON COMMITTEES: 271 5/7/01 PAGE TWO Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council commending Police Chief Ryan on the honor his officers have received; he is also glad to see that diversity is coming to the police department and that officers are being chosen for qualifications and not on gender. Mrs. Teri Biggar, 740 Cordial Drive, addressed the City Council stating that she came here last year about neighbors living behind her on Elizabeth Lane who have built a professional batting cage in their backyard; the neighbor was supposed to put up new nets which he has not done; this has caused bad feelings; the new 8th Ward alderman has offered to mediate this situation, but the neighbor has refused to meet; she hopes the City will enforce their codes. Alderman Argus stated that she has checked into this situation and found that the man did not need a permit to put up this batting cage; he has indicated that he will put up additional nets. Mr. Jack Cavalenes, 1043 Wicke Avenue, addressed the City Council stating that the telephone number for the newly- formed Citizens for Responsible Development is (847) 269- 1130. Moved by Christiansen, seconded by Sayad, to concur with recommended resolution of the Committee on Committees held April 23 and 25, 2001, to approve the City Council committee assignments, effective May 7, 2001 to May, 2003, as follows: BUILDING CODE Chairman Vice Chair.- Member Murphy Brookman Smith COMMUNITY SERVICES Chairman Argus Vice Chair.-Smith Member Sayad FINANCE & ADMINISTRATION Chairman Sayad Vice Chair.-Christiansen Member Argus PUBI.1IC SAFETY Chairman Vice Chair.- Beauvais Becker Murphy Member Motion declared carried. COMMUNITY DEVELOPMENT Chairman -Becker Vice Chair.-Murphy Member -Beauvais ENGINEERING Chairman -Christiansen Vice Chair.-Sayad Member -Becker LEGAL & LICENSING Chairman -Smith Vice Chair.-Beauvais Member -Brookman PUBLIC WORKS Chairman -Brookman Vice Chair.-Argus Member -Christiansen Moved by Christiansen, seconded by Brookman, to reconsider the motion just approved. Motion declared carried. Aldermen Sayad and Argus voted no. Moved by Christiansen, seconded by Beauvais, to adopt a substitute motion to approve the City Council committee assignments as recommended with the following changes: COMMUNITY DEVELOPMENT PUBLIC WORKS Member Christiansen Member Beauvais Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Brookman, Becker, Smith NAYS: 2-Sayad, Argus ABSENT: 0-None Motion declared carried. ACQUISITION OF REAL PROPERTY/ TIF #5: FINAL PLAT/ NIKKO CARLO RESUBDIV.: CONSENT AGENDA: EXEC. SESS. MINUTES/ 4/9/01: MINUTES/ 4/16/01: Consent Agenda YEAR 2000 SUPPLEMENTAL APPROPRIA. : Consent Agenda Ordinance M-28-01 RECAPTURE AGREEMENT/ 551 E. LINCOLN: Ordinance M-29-01 272 5/7/01 PAGE THREE Moved by Beauvais, seconded by Becker, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding acquisition of real property for the area bounded by River-Lee-Perry- Jefferson, TIF #5. Motion declared carried. Alderman Christiansen abstained (conflict of interest) Alderman Becker announced that the matter of the Final Plat for the Nikko Carlo Resubdivision, 352 Rand Road, scheduled to be discussed under Committee of the Whole later in this meeting, is being held until May 21, 2001. Alderman Brookman requested that Item 1 be removed from the Consent Agenda; Alderman Beauvais requested that Item 4 and 4a be removed; a citizen requested that Item 14 be removed, and Alderman Smith requested that Item 16 be removed. Moved by Beauvais, seconded by Becker, Consent Agenda except for Items 1, 4, Motion declared carried. to establish a 4a, 14 and 16. Moved by Brookman, seconded by Sayad, 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-26-01 was adopted; Ordinances M-28-01 and M-29-01 were placed on First Reading; and Resolutions R-39-01, R-40- 01, R-41-01 and R-42-01 were adopted. Moved by Brookman, seconded by Becker, to TABLE until May 21, 2001, the Executive Session minutes of the Committee of the Whole of the City Council held April 9, 2001. Motion declared carried. Moved by Brookman, seconded by Sayad, to approve minutes of the regular meeting of the City Council held April 16, 2001, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve Year 2000 Supplemental Appropriations in the amount of $644,004, for the fiscal year beginning January 1, 2000 and ending December 31, 2000; and further recommend to place on First Reading Ordinance M-28-01, AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION OF FUNDS FOR THE CORPORATE PURPOSES OF THE CITY OF DES PLAINES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000 AND ENDING DECEMBER 31, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Beauvais, that Staff be authorized to review the City's recapture agreement form and report back to the City Council. Motion declared carried. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Recapture Agreement with Andrew Budys Construction for their recovery of 100% of the total cost of $26, 809 for storm water sewer system extension on property located at 551 E. Lincoln Avenue; cost to be paid by owners of any properties which connect to the line extension; City to become absolute owner of said storm water sewer system extension at the end of ten ( 10) years after ordinance is adopted; and further recommend to place on First Reading Ordinance M-29-01, RECAPTURE (Cont'd.) LEASE RENEWAL/ UNION PAC. MINER ST. PARK. LOT: Consent Agenda Resolution R-39-01 ENGRG. SVS./ 2001 STREET &: UTILITY IMPROVE.: Consent Agenda Resolution R-40-01 ENGRG. SVS./ 2001 STREET REHABILITA. : Consent Agenda Resolution R-41-01 2001 MAINT./ STREETS &: HIGHWAYS: Consent Agenda Resolution R-42-01 273 5/7/01 PAGE FOUR AN ORDINANCE REGARDING THE CONSTRUCTION OF THE ANDREW BUDYS SECOND SUBDIVISION MUNICIPAL STORM WATER SEWER EXTENSION AT 551 E. LINCOLN AVENUE, DES PLAINES, ILLINOIS. Motion declared carried. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute renewal of Lease with Union Pacific Railroad Company, 1800 Farnam Street, Omaha, NE 68102, for use of the north side of Parking Lot #9 in the 1400 block of Miner Street (across from City Hall) at no cost to the City; lease to be in effect until terminated by either party on thirty days written notice; and further recommend to adopt Resolution R-39-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE BETWEEN UNION PACIFIC RAILROAD AND THE CITY OF DES PLAINES FOR USE OF THE 1400 BLOCK OF THE MINER STREET RAILROAD PARKING LOT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to accept proposal from Midwest Engineering Services, Inc., 4243 W. 166th Street, Oak Forest, IL 60452, to perform Geotechnical Engineering Services (soils and materials testing) for the 2001 Street and Utility Improvements -Contract A Project, at a cost of $19,832/MFT Fund Section 01-00000-00 GM; Mayor and City Clerk be authorized to execute necessary document; and further recommend to adopt Resolution R-40- 01, A RESOLUTION AUTHORIZING THE EXECUTION OF THE "2001 STREET AND UTILITY IMPROVEMENTS, CONTRACT A" BETWEEN MIDWEST ENGINEERING SERVICES, INC. AND THE CITY OF DES PLAINES FOR PERFORMING SOIL AND MATERIAL TESTING IN CONJUNCTION WITH THE 2001 CIP PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to accept proposal from Soil and Material Consultants, Inc., 8 W. College Avenue, Arlington Heights, IL 60004, to perform Geotechnical Engineering Services (soil and material testing) for the 2001 Street Rehabilitation -Contract 1 Project, at a cost of $18,804/MFT Fund Section 01-00000-00 GM; Mayor and City Clerk be authorized to execute necessary document; and further recommend to adopt Resolution R-41- 01, A RESOLUTION AUTHORIZING THE EXECUTION OF THE "2001 STREET REHABILITATION, CONTRACT 1" BETWEEN SOIL AND MATERIAL CONSULTANTS, INC. AND THE CITY OF DES PLAINES FOR PERFORMING SOIL AND MATERIAL TESTING IN CONJUNCTION WITH THE 2001 CIP PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to authorize City Clerk to execute and certify IDOT Resolution for Year 2001 Maintenance of Streets and Highways/Motor Fuel Tax Section 01-00000-00 GM, in the amount of $905,000, as follows: Traffic Signal Maintenance $45, 000; Electrical Energy for Street Lighting $25, 000; Snow & Ice Control Materials $125,000; Pavement Marking $75,000; Engineering/ Materials Testing -$60,000; Curb Removal & Replacement - $75,000; Sidewalk Removal & Replacement -$500,000; and further recommend to adopt Resolution R-42-01, A RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION "RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE, " FOR THE PURPOSE OF MAINTAINING STREETS AND HIGHWAYS IN THE CITY (01-00000-00 GM) . Motion declared carried as approved unanimously under Consent Agenda. DRAFT LEASE/ NEW LIBRARY 1501 ELLINWOOD: Consent Agenda APPROVAL/ RECODIFICA. OF CITY CODE RE BUILDING CODE: Consent Agenda APPROVAL/ RECODIFICA. OF CITY CODE RE FIRE DEPARTMENT: Consent Agenda APPROVAL/ RECODIFICA. OF CITY CODE RE 9-1-1: Consent Agenda REDUCTION/ PUB. IMPROV. SURETY WEBSTER & PLAINFIELD: PATIO VARIATION/ 220 E. BRADLEY: Consent Agenda c. o. #1/ CIVIC CENTER RESTROOM REMODELING: 274 5/7/01 PAGE FIVE Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve draft lease for the new Library building located at 1501 Ellinwood Street, which provides: --City to retain title and Library Board be given no rights or options to purchase the building; --Annual rent to be $1 and Library to pay for all utility and maintenance costs; --No assignment or subletting of any portion of the building can be done without City Council approval; and --Library Board is responsible for all exterior maintenance to the building and grounds (except the public parking lots) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve proposed changes to the City Code pertaining to building code issues as recommended by the Building Code Committee (Aldermen Sayad, Petersen, Elstner) ; and these approved changes be held until the entire recodification is complete. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve proposed changes to the City Code relating to the Fire Department as recommended by the Public Safety Committee (Aldermen Becker, Beauvais, Christiansen); and these approved changes be held until the entire recodification is complete. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve proposed changes to the City Code relating to Emergency Telephone Answering System 9-1-1 as recommended by the Public Safety Committee (Aldermen Becker, Beauvais, Christiansen); and these approved changes be held until the entire recodification is complete. Motion declared carried as approved unanimously under Consent Agenda. Mr. Tony Salemi, 2720 S. Des Plaines/River Road, addressed the City Council stating that the reduction is not nearly enough; it is 100% complete; the Engineering Department should check this out; it is costing a lot of money. Moved by Brookman, seconded by Becker, to TABLE until May 21, 2001, the request for reduction to the public improvement surety (Letter of Credit) of 65%, or from $57,862.50 to $37,862.50, for Salemi's Resubdivision, 1750 Webster Lane and Plainfield Drive; contingent upon petitioner submitting a new or amended Letter of Credit in the amount of $20,000. Motion declared carried. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments for property located at 22 o E. Bradley Street, to permit reconstruction of existing patio that would extend 17' from the building foundation (Code permits patios to extend 15' from the building foundation). Motion declared carried as approved unanimously under Consent Agenda. Alderman Smith stated that Staff has determined that X- ray testing is not required for the Civic Center Restroom Renovation, which would reduce the amount of the change order to $14,691. RESTROOMS (Cont'd.) CONTRACT EXTENSION/ AGGREGATE MATERIALS: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-26-01 TITLE OF DEP. POLICE CHIEF: Consent Agenda ORDINANCE M-27-01 LIC. AGREE./ 860 ELMHURST: Consent Agenda APPOINTMENTS- REAPPOINT. : 275 5/7/01 PAGE SIX Moved by Smith, seconded by Becker, to approve Change Order #1 to contract with The Dubs Company, 1699 E. Chicago Street, Elgin, IL 60120, for Civic Center Restroom Renovation and Police Department Locker Room Renovation (approved by the City Council on October 16, 2000 in the amount of $227,700), to add bathroom partitions, asbestos abatement, existing pipe repair and painting; in the additional amount of $14,691/General 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 Brookman, seconded by Sayad, to concur with Staff recommendation to approve contract extension with Beverly Gravel, 1100 Brandt Drive, Elgin, IL 60120, for Production and Furnishing of Aggregate Materials (approved by the City Council on April 17, 2000, which included three (3) years of pricing), at the Year 2 cost of $98, 750/General Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2001 Sidewalk and Curb Replacement Program, returnable by 3 :00 p.m., Thursday, May 31, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to adopt Ordinance M-26-01, AN ORDINANCE AMENDING TITLE III, "DEPARTMENTS" CHAPTER 1, "POLICE" SECTION 4, "POLICE CAPTAIN" TO CHANGE POLICE CAPTAIN TO BE AND READ AS DEPUTY CHIEF OF POLICE OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to adopt Ordinance M-27-01, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH NATIONAL RESTAURANT ENTERPRISES, THROUGH ITS AUTHORIZED AGENT BECMAR SPRINKLER SYSTEMS OF CRYSTAL LAKE, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 860 ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) were the following appointments-reappointments: Appointments BOARD OF FIRE AND POLICE COMMISSIONERS Arthur F. Lukowicz (replacing Eldon Burk) CONSUMER PROTECTION COMMISSION Bob Hinde (to complete Commission) SPECIAL EVENTS COMMISSION Wendall McCarty (replacing Patrick Snyder) Darlene Joyce (replacing Mary Eichenfeld) YOUTH COMMISSION Gloria Ludwig (to complete Commission) Reappointments: CABLE COMMISSION Beverly Becker, Bernard Benjamin, Irene Serwa KEEP DES PLAINES BEAUTIFUL -Noreen Lake POLICE PENSION BOARD -Gaston Freeman, Robert Muehlenbeck ZONING BOARD OF APPEALS -Paul Saletnik (final action on these matters under Consent Agenda on May 21, 2001) ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE PROPOSED RESIDENCY ORDINANCE: CONSULTING AGREEMENT/ TIF #6 MANNHEIM- HIGGINS: 276 5/7/01 PAGE SEVEN LEGAL & LICENSING Alderman Smith, Chair Alderman Smith stated that the proposed residency ordinance for department heads is being presented as a result of the recent referendum which passed on April 3, 2001. A discussion was held regarding who should be included as an assistant department head; it was determined that only those positions that are presently filled would be included in this ordinance, which would be the Finance and Legal Departments. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that this was an advisory referendum; the City Council can either approve or disapprove this ordinance; he is against residency for department heads; it is social class discrimination; if we require residency for a few, we should require it for all. Moved by Beauvais, seconded by Argus, to recommend to the City Council to approve the proposed residency ordinance for department heads as amended to include only currently employed assistant department heads, and City Attorney be authorized to draft necessary ordinance. Alderman Smith stated that he has spoken numerous times against residency; he feels very strongly that this is not in the best interest of the City; he will be voting no. Alderman Brookman stated that she has consistently supported department heads living in the City; they should live under the rules they enforce; there is no evidence that we won't get the best qualified individual if they have to live in the City. Motion declared carried. Alderman Smith voted no. COMMUNITY DEVELOPMENT Alderman Becker, Chair Acting City Manager-EDC Director Schneider reviewed his memo of April 27, 2001, which presented the pros and cons for hiring a development consultant who, in turn, will solicit developers to build in the Mannheim/Higgins TIF #6 area. Acting City Manager Schneider stated that Staff is recommending the City hire Prime Site, Inc. as the City's development consultant for a fee of $90, 000 ($30, 000 upfront and 12 monthly retainer fees of $5,000 each). Alderman Brookman asked where the other proposals are from other consultants. Acting City Manager Schneider stated that these proposals were sent to the aldermen under separate cover, but Prime Site, Inc. was the only one to submit an agreement. Alderman Brookman expressed her concern about the fee and the 6% Broker Commission. Acting City Manager Schneider stated that the land fees and any retainer is passed onto the developer in the redevelopment agreement at no cost to the City. Alderman Beauvais stated that she would like to see the reimbursable expenses language tightened up and the dates changed accordingly. TIF #6 (Cont'd.) WARRANT REGISTER: ZONING CASE 00-68-PUD-CU PUD, COND. USE AND VARIATION/ 1050 OAKTON: 277 5/7/01 PAGE EIGHT Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council that City enter into a Consulting Agreement with Prime Site, Inc., 1875 Hicks Road, Rolling Meadows, IL 60008, to provide real estate services for the sale/lease and development of TIF #6, which is the area bounded by Pratt Avenue on the north, Higgins Road on the south, Mannheim Road on the west and railroad property on the east, for the consulting fee of $90,000; and, if necessary, the City retain the law firm of Ryan & Ryan, 33 N. Dearborn Street, Suite 402, Chicago, IL 60602 (fee to be paid from TIF Funds), to act as City's Special Attorney for land acquisition within this area; Staff be authorized to review the costs and payment schedule and make changes accordingly; and Resolution R-26-01 be adopted at appropriate time this evening. Motion declared carried. FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Sayad, seconded by Becker, that Voucher #37431 in the amount of $22,631.25 to Suburban O'Hare Commission be removed from the Warrant Register and TABLED Jcm:t+il P16¥ ,, =i, ~ Alderman Smith stated that representatives of the Suburban O'Hare Commission were in the audience, perhaps they could answer the aldermen's questions. Alderman Brookman stated that she agrees with Alderman Smith; it would probably be best for the aldermen to ask their questions now while the representatives are here. Motion declared carried. Aldermen Christiansen, Brookman and Smith voted no. Moved by Sayad, seconded by Christiansen, to recommend to the City Council approval of May 7, 2001 -Warrant Register as revised, in the total amount of $4,143,183.69; and further recommend that Resolution R- 43-01 be adopted at appropriate time this evening. Motion declared carried. ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Argus, to concur with recommendation of Committee of the Whole held April 9, 2001, re Zoning Case 00-68-PUD-CU, to grant request for a building height variation of 149' (12 stories) instead of the maximum permitted height of 45' in C-3 General Commercial District on property located at 1050 Oakton Street; and City Attorney be authorized to draft necessary ordinance. Alderman Brookman stated that there is a lo~ of confusion with this petition; it is described as an assisted living facility, but the units will be sold; the petitioner is seeking to construct condos, which is multi-family and not permitted in this zoning district; she is concerned that the Des Plaines Plan Commission, Des Plaines Zoning Board of Appeals and the Staff have recommended against this variation; this would be completely out of character for this area. Alderman Brookman stated that she took a survey of the entire 5th Ward and there was overwhelming opposition to this variation; what happened to the City's Comprehensive Plan which cost a lot of money?; this would be spot zoning for a particular property owner. 1050 OAKTON (Cont'd.) RECESS: PUBLIC COMMENT: 278 5/7/01 PAGE NINE Moved by Brookman, seconded by Smith, to adopt a substitute motion to suspend the rules to permit full discussion on this matter by the public. Alderman Brookman said that we need to give the residents a voice; she has questions that were given to her this evening that need answers; some of these people could not come the last time this matter was discussed. Alderman Sayad stated that he has a problem with suspending the rules unless the residents have new information; we don't need to hear the same thing again; the new aldermen were given all the information regarding this matter and they went out to the site. Moved by Smith, seconded by Becker, to call for the question. 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. Upon roll call on the motion to suspend the rules, the vote was: AYES: 3-Murphy, Brookman, Smith NAYS: 5-Beauvais, Christiansen, Sayad, Becker, Argus ABSENT: 0-None Motion declared failed. Moved by Smith, seconded by Murphy, to adopt a substitute motion to suspend the rules to permit public input on this matter for 30 minutes. Alderman Sayad stated that the residents should remember that this project could be approved with the contingencies that the residents are concerned about. Upon roll call on Alderman Smith's motion to suspend the rules for 30 minutes , the vote was: AYES: 6-Beauvais, Murphy, Brookman, Smith, Argus, Arredia NAYS: 3 -Christiansen, Sayad, Becker ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Murphy, to call for a five (5) minutes recess. Motion declared carried. The City Council recessed at 8:55 p.m. The City Council reconvened at 9:01 p.m. Mrs. Donna Bavido, 1895 Fargo Avenue, addressed the City Council stating that she didn't receive a notice to come to this meeting tonight; they should have notified everyone. Ms. Eva Korber, 1451 Webster Lane, addressed the City Council stating that she has lived here for over 30 years, but if this is approved, she may not stay; she is depending on the aldermen's common sense; a big, tall building like this does not belong on this property. Mr. Jack Cavalenes, 1043 Wicke Avenue, addressed the City Council stating that he is part of the Citizens for Responsible Development; this is not responsible development; the petitioner did not submit the proper application for this proposed development; it fails to satisfy the requirements for a PUD; it does not meet the 1050 OAKTON (Cont'd.) PAGE TEN 279 5/7/01 definition of congregate housing; this would be multi- family, which is not permitted in C-3 Zoning District; please vote against this. Rev. David Jones, 1729 Lunt Avenue, addressed the City Council stating he would be delighted if a project like this could be built in his ward; people want to stay in Des Plaines so any additional senior assisted living facility would be a valuable asset to the City; please consider this facility. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that we need the answers to a lot of questions. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the City would be setting a precedent; is something like this going to be built in the Cumberland Area? Mr. Damian Christianson, 2878 Curtis Street, addressed the City council stating that this project does not fall into the overall plan of the community; you are asking for a lot of trouble down the line; the Comprehensive Plan was designed for a reason. Mr. David Schneider, 1372 Stratford Road, addressed the City Council stating that he would not want an enormous building looming over his home. Mr. Bob Kellermann, 978 Everett Avenue, addressed the City Council stating that they are trying to do too much on that piece of property. Mr. Dennis Sotos, 165 Marina Drive, addressed the City Council stating that the City can add restrictions to this development; we are going to lose $30 million in an investment to our City; this revenue will help our schools; this will lead to other developments; you need to share the vision; he doesn't think there is anything wrong with this project. An attorney for Citizens for Responsible Development addressed the City Council stating that there is a misconception on what a positive vote would do; if approved tonight, you are casting the die for this project; where is the hardship for the petitioner?; it is completely out of character in this City; the rules are here for a reason--the Plan Commission, Zoning Board and Staff realize this. Mr. Bill Busse, 1020 Wicke Avenue, addressed the City Council stating that he would like to invite the aldermen to his home to see how out of character this project would be. Mrs. Dolores Vels, 1019 Wicke Avenue, addressed the City Council stating that the City should wait for the FAA ruling regarding the height of this building; this guy doesn't live in our town. Mr. Patel, 1027 Wicke Avenue, addressed the City Council stating that the petitioner is going to come up with all these studies--are we going to believe his studies or are we going to do our own?; home values will be affected; if this kind of project came into the aldermen's neighborhood, would they vote for it? Ms. Donna Colton, 1681 White Street, addressed the City Council stating that she will move out of town if this project goes through. 1050 OAKTON (Cont'd.) MOTIONS: 280 5/7/01 PAGE ELEVEN Mr. Carlo Gaglio, 1534 Heather Lane, addressed the City Council stating that his main concern is home values; he will think about moving if this goes up; he questions whether this would be an assisted living project . Mr. Jose Hernandez, 1565 Webster Lane, addressed the City Council stating that he is against this project; it will lower property values. Alderman Beauvais asked if the City Council can stop the project at any time. Director D'Onofrio said you can make the height variation contingent upon the approval of the PUD. Alderman Sayad stated that the developer has to work with the State and maybe the County before they get their approval; they have to meet all the conditions. Alderman Smith stated that there is a process to follow, but if we approve this tonight, it is not fair to the petitioner if we change our mind. Alderman Brookman stated that she hopes the City Council is not considering the process for one (1) particular property owner and one (1) particular piece of property; we don't know what kind of facility this will be ; depending on what it will be, will determine what the requirements are; she would like full information--what kind of facility will it be?; what are the parking requirements? Alderman Smith stated that he is in favor of this project but there seems to be questions that need to be answered. Moved by Smith, seconded by Brookman, to adopt a substitute motion to TABLE until May 21, 2001, the Committee of the Whole's recommendation regarding the Variation, Conditional Use, Preliminary PUD, and placing Ordinance Z-8-01 on First Reading. Upon roll call, the vote was: AYES: 3-Christiansen, Brookman, Smith NAYS: 5-Beauvais, Murphy, Sayad, Becker, Argus ABSENT: 0-None Motion declared failed. Moved by Beauvais, seconded by Sayad, to adopt a substitute motion to grant request for a building height variation of 14 9' ( 12 stories) instead of the maximum permitted height of 45' in C-3 General Commercial District on property located at 1050 Oakton Street contingent upon final approval of the PUD. Upon roll call, the vote was: AYES: 4-Beauvais, Christiansen, Murphy, Sayad NAYS: 5-Brookman, Becker, Smith, Argus, Arredia ABSENT: 0-None Motion declared failed. Upon roll call on Alderman Sayad's ORIGINAL motion, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Argus NAYS: 3-Christiansen, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole held April 9, 2001, re Zoning Case 00-68-PUD-CU, to grant request for a Conditional Use to permit a 220-unit congregate living facility in C-3 General Commercial District on property located at 1050 Oakton Street, contingent upon: if the use of the building were to change from a congregate living facility to anything else, the petitioner must return to the City Council for approval and if the 1050 OAKTON (Cont'd.) RESIDENCY ORDINANCE: CONSULTING AGREEMENT/ TIF #6 MANNHEIM- HIGGINS: Resolution R-26-01 WARRANT REGISTER: R-43-01 281 5/7 /01 PAGE TWELVE project is not completed in a timely fashion, the petitioner agrees to remove all improvements made to the property; and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole held April 9, 2001, re Zoning Case 00-68-PUD-CU, to grant request for approval of a preliminary Planned Unit Development for a 220-unit congregate living facility in C-3 General Commercial District on property located at 1050 Oakton Street; and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Argus NAYS: 3-Christiansen, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Sayad, to place on First Reading Ordinance Z-8 -01, AN ORDINANCE GRANTING A REQUEST FOR PRELIMINARY APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AND CONDITIONAL USE FOR HEIGHT VARIATION TO DEVELOP A 220-UNIT CONGREGATE LIVING FACILITY AT THE PROPERTY COMMONLY KNOWN AS 1050 OAKTON STREET (Case 00-68-PUD-CU). Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Argus NAYS: 3-Christiansen, Brookman, Smith ABSENT: 0-None Motion declared carried (further action on this matter either May 21, 2001 or June 4, 2001). Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole to approve the proposed residency ordinance for department heads as amended to include only currently employed assistant department heads, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Smith voted no. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole that City enter into a Consulting Agreement with Prime Site, Inc., 1875 Hicks Road, Rolling Meadows, IL 60008, to provide real estate services for the sale/lease and development of TIF #6, which is the area bounded by Pratt Avenue on the north, Higgins Road on the south, Mannheim Road on the west and railroad property on the east, for the consulting fee of $90,000; and, if necessary, the City retain the law firm of Ryan & Ryan, 3 3 N. Dearborn Street, Suite 402, Chicago, IL 60602 (fee to be paid from TIF Funds), to act as City's Special Attorney for land acquisition within this area; Staff be authorized to review the costs and payment schedule and make changes accordingly; and further recommend to adopt Resolution R-26-01, A RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT BETWEEN PRIME SITE, INC. AND THE CITY OF DES PLAINES CONCERNING THE REDEVELOPMENT OF CERTAIN PROPERTY CURRENTLY IN THE CITY OF DES PLAINES, ILLINOIS, KNOWN AS PROPOSED TIF #6. 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 Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-43-01 -AS AMENDED, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE WARRANT (Cont'd.) ADVERTISING FOR BIDS: COUNCIL MEETING SCHEDULE: SOUND SYS./ COUNCIL CHAMBERS: ADJOURNMENT: PAGE THIRTEEN 282 5/7/01 FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $4,143,183.69. 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. City Clerk McAllister announced that bids will be advertised for One (1) Twenty-Five (25') Aerial Work Platform and Appurtenances, returnable by 3:00 p.m., Wednesday, May 23, 2001. City Clerk McAllister announced that bids will be advertised for repairs to the Civic Center Parking Deck, returnable by 3:00 p.m., Wednesday, May 30, 2001. Moved by Christiansen, seconded by Beauvais, that no meeting of the City Council be held on July 2, 2001 and August 6, 2oo1. Motion declared failed. Aldermen Beauvais, Christiansen, Murphy, Brookman voted yes; Aldermen Sayad, Becker, Smith, Argus and Mayor Arredia voted no. Moved by Murphy, seconded by Brookman, that no meeting of the City Council be held on July 2, 2001. Motion declared carried. Alderman Smith voted no. Moved by Murphy, seconded by Sayad, that Staff be authorized to investigate the sound system in the Council Chambers to provide greater sound volume. Motion declared carried. Moved by Becker, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:25 p.m. Donna McAllister, MMC CITY CLERK BY ME THIS °3 \ "