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04-07-2003175 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, APRIL 7, 2003 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order" by Mayor Anthony W. Arredia at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 7, 2003. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus. Alderman Smith was absent. Also present were: Assistant Director of Finance Jisa, Police Chief Ryan, Fire Chief Farinella, Director of Engineering Oakley, Director of Public Works Dusckett, Deputy Director of Community Development Molinari, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: PROCLAMATION: RECOGNITION: PRESENTATION: (motion) METRA PRESENTATION: The opening prayer was given by Reverend Jan Niemeyer, First Presbyterian Church, followed by the Pledge of Allegiance. Mayor Arredia proclaimed the month of April as Child Abuse Prevention Month and urged all citizens, community agencies, religious organizations, medical facilities and businesses to increase their participation in efforts to prevent child abuse. Mayor Arredia recognized and honored Richard Boyko, Jr., a young resident who has achieved the rank of Eagle Scout. Mayor Arredia read a letter from a resident expressing appreciation for the work the Public Works Sewer Di vision Crew did in resolving his main line sewer blockage. Alderman Murphy introduced Timothy G. Pitzen, Technical Services Division, METRA, who gave a brief power point presentation showing the new proposed METRA platform shift in downtown Des Plaines to allow peak hour trains to pull further west, and thereby allowing additional north-south streets to be open during passenger boarding/unboarding; METRA has agreed to pay the estimated $2.4 million cost for these improvements; the estimated duration of construction is eight (8) months. Moved by Brookman, seconded by Sayad, to approve the proposed train platform shift west in downtown Des Plaines that would be totally funded and constructed by METRA, which would allow additional north-south streets to be open for passenger boarding/unboarding during peak hours. Motion declared carried. Mayor Arredia introduced George Buckely, a volunteer member of the Police Neighborhood Resource Center (PNRC), 1928 Touhy Avenue, who gave a brief overview of the Senior Citizens Safety Check Program which is administered at the PNRC; any senior who either lives alone, is handicapped, has a spouse that is terminally ill, or would just like to have someone to talk to on a daily basis can sign up to be called; the program has been highly successful. CITIZEN PARTICIPA.: COMMONWEALTH EDISON TREE TRIMMING AGREEMENT: ZONING CASE 02-78-A TEXT AMEND./ PUD STANDARDS: APPOINTMENTS/ REAPPOINT. : CONSENT AGENDA: MINUTES: Consent Agenda PAGE TWO 176 4/7/03 Mr. Steven Schaefer, Commander, Veterans of Foreign Wars 4th District, Department of Illinois, addressed the City Council regarding the "Des Plaines Salute to Our Troops" rally that will be held Monday, April 14, 2003, at 7 :00 p.m., at the Library Plaza; everyone is encouraged to attend and pay honor to our service men and women. Mrs. Gloria Keane, 2048 Webster Lane, addressed the City Council stating that yellow ribbons have been put on all the trees on her block, they look wonderful; material is available at various local stores; everyone should do this. Mr. Wayne Serbin, 83S Pearson Street, addressed the City Council stating that people are always complaining about people in office; we had a very small voter turnout at the recent election; this is very important; you can't complain about the people in office if you don't vote. Mr. Michael Mickelsen, Des Plaines Citizens for Responsible Development, P. 0. Box 2 7 60, Des Plaines, addressed the City Council stating that a few months ago he presented a packet to the City about using permeable pavers for constructing parking lots; there are p l aces you can go and see how this has helped with floodi ng. Moved by Brookman, seconded by Sayad, to POSTPONE until May 19, 2003, the matter of Commonwealth Edison Tree Trimming Agreement, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Moved by Becker, seconded by Sayad, to POSTPONE until May S, 2003, the matter of Zoning Case 02-78-A, Text Amendment re PUD Standards, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried (the date was later changed by the chairman to May 19, 2003). Moved by Becker, seconded by Sayad, to POSTPONE until April 21, 2003, all appointments/reappointments scheduled to be discussed later in the meeting. Motion declared carried (the date was later changed by Mayor Arredia to May S, 2003). Alderman Beauvais requested that Items S, Sa and 13; a resident requested that Items 7 and 7a be removed; and Alderman Brookman requested that Item 12 be removed. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items S, Sa, 7, 7a, 12 and 13. Motion declared carried. Moved by Argus, seconded by Becker, to approve t he Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance M- lS-03 was adopted; Ordinances M-14-03, M-17-03 and Z-9-03 were placed on First Reading; and Resolutions R-3S-03, R-37-03, R-38-03, R-39-03 and R-40-03 were adopted. Moved by Argus, seconded by Becker, to approve minutes of the regular meeting of the City Council held March 17, 2003, as published. Motion declared carried as approved unanimously under Consent Agenda. _______ r SIDEWALK CONSTRUCTION ESCROW ACCOUNT: Consent Agenda Ordinance M-14-03 LICENSE AGREEMENT/ 501 ALLES: Consent Agenda Ordinance M-17-03 ZONING CASE 03-10-A MAP AMEND./ 556 GRACELAND : Consent Agenda Ordinance Z-9-03 ZONING CASE 03-07-CU-V CONDIT. USE/ 1363 JEFFERSON (WALGREENS) : Ordinance Z-8-03 PAGE THREE 177 4/7 /03 Moved by Argus, seconded by Becker, to concur with Staff recommendation to amend Title VIII, Chapter 1, Section 8-1-lA -"Installation of Sidewalks" of the City Code, to ADD a new Section 8-1-lB to create a Sidewalk Escrow Account in lieu of construction in isolated areas whe re it is not practical to immediately construct a sidewalk, at a cost of $5 per square foot with an annual i nc r eas e of 5% to keep pace with inflation; and if said amount i s not used for sidewalk construction within seven (7) years of deposit, it shall be placed in the General Fund; and further recommend to place on First Reading Ordinance M- 14-03, AN ORDINANCE AMENDING THE CITY OF DES PLAINES CITY CODE, TITLE VIII, CHAPTER 1, SECTION 1, "INSTALLATION OF SIDEWALKS" (FORMERLY SECTION 9-1-14 ) TO ADD NEW LANGUAGE . Motion declared carried as approved unanimously unde r Consent Agenda. Moved by Argus, seconded by Becker, to concur with Staff recommendation to grant request to permit installation of an underground sprinkler system in the City-owned right-of-way adjacent to property located at 501 Alles Street; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-17-03, AN ORDINANC E AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENS E AGREEMENT WITH PROPERTY OWNER FRANCZAK & ASSOCIATES, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SY STEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 501 ALLES STREE T, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Becker, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 03-10-A, to grant request for a Map Amendment to rezone property located at 556 Graceland Avenue from R-4 Central Core Residential District to C-3 General Commercial District; contingent upon petitioner making application (which they have done) to vacate the existi ng alley within the triangular-shaped parcel; and further recommend to place on First Reading Ordinance Z-9-03, AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM R-4 CENTRAL CORE RESIDENTIAL TO C-3 GENERAL COMMERCIAL LOCATED AT 556 GRACELAND AVENUE (CASE 03-10-A) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, re Zoning Case 03- 07-CU-V, to grant request for a Conditional Use for property located at 1363 Jefferson Street but that a grass area be required along Northwest Highway between the building and the sidewalk. Moved by Becker, seconded by Sayad, to adopt a SUBSTITUTE MOTION to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 03-07-CU-V, to grant request for a Conditional Use to permit the operation of a drug store with a drive-through facility in C-3 General Commercial District, and a Variation to Section 9. 6-6 of the Des Plaines Zoning Ordinance to permit a parking lot without the required 5' landscaped divider strip between the drive-through lane and the public sidewalk on property located at 1363 Jefferson Street; and further recommend to place on First Reading Ordinance Z-8-03, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A DRIVE-THRU FACILITY AND A VARIATION TO SECTION 9.6-6 OF THE ZONING CODE TO PERMIT A PARKING LOT WITHOUT THE REQUIRED 5-FOOT LANDSCAPE DIVIDING STRIP BETWEEN THE DRIVE-THRU LANE AND THE PUBLI C SIDEWALK, AS PART OF A WALGREENS DRUG STORE LOCATED AT 1363 JEFFERSON STREET, DES PLAINES, ILLINOIS, and Staff be authorized to review the landscaping along Northwest Highway. Motion declared carried. Aldermen Christiansen, Sayad, Becker and Argus voted yes; Aldermen Beauvais, Murphy and Brookman voted no. COMMONWEALTH EDISON ELECTRICAL SERVICE CONTRACTS: Consent Agenda Resolution R-35-03 TIME EXTEN./ CONDIT. USE & FINAL PLAT 1050 OAKTON: Resolution R-36-03 PAGE FOUR 178 4/7/03 Moved by Argus, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Rate RCDS/Rider PPO-MI Contract " with Commonwealth Edison, 2100 Swift Drive, Oa k Brook, IL 60523, to change the City's electrical accounts for t he Lift Station and the 1444 Prairie Avenue Parking Deck to the Commonwealth Edison PPO Program which will save the City an estimated $22, 000 annually; and further recommend to adopt Resolution R-35-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF A RATE RCDS/RIDER PPO-MI CONTRACT BETWEEN COMMONWEALTH EDISON AND THE CITY OF DES PLAINES FOR ELECTRICAL SERVICE. Motion declared carri e d as approved unanimously under Consent Agenda. Mrs. Donna Kassens, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council stating that she is very concerned about our City; she feels the building being proposed for this site at 1050 Oakton Street is inappropriate because it does not fit with our community; do not grant this extension; there is no final plan for the building; no floor plans have been submitted. Alderman Beauvais stated that she is not ready to grant another year's extension for this project; there is going to be construction in this area very soon (Executive Way); the extension is too long. Alderman Becker stated that Executive Way has been in the CIP for the past five (5) years; we can remove it from the construction schedule. Alderman Brookman asked what was the purpose of the se extensions; this project has changed dramati cally s ince i t was first brought to us; there are a lot of probl ems with this project; this is not an extension for what was originally brought to the City Council; the present extension should run out and then he should reapply with a more definitive plan. Moved by Brookman, seconded by Beauvais, to DENY request for a time extension for the Conditional Use and submission of Final Plat for property located at 1050 Oakton Street. Alderman Argus stated that she would like to help every developer; we have granted extensions in the past; she would like to give him some time. Moved by Sayad, seconded by Becker, to adopt a SUBSTITUTE MOTION to grant request for time extension for submittal and approval of a Conditional Use and submission of Final Plat for the development of a 220-Unit Congregate Livi ng Facility on property located at 1050 Oakton Street, granted under Ordinance Z-8-01 (approved by the City Council on May 21, 2001 and time extended by Resolut ion R-53-02, approved by the City Council on May 6, 2002); for a period of one (1) year from May 31, 2003 to May 30, 2004 (Riviera Development Project); and further recommend to adopt Resolution R-36-03, A RESOLUTION GRANTING AN EXTENSION OF TIME FOR SUBMITTAL AND APPROVAL OF A CONDITIONAL USE AND FINAL PLAT PURSUANT TO SECTIONS 3.4-8 AND 3. 5-4C OF THE DES PLAINES ZONING ORDINANCE , AND GRANTING AN EXTENSION OF ONE YEAR BEGINNING MAY 31, 2003 AND ENDING MAY 30, 2004 OF THE CONDITIONAL USE ORDINANCE AND PLANNED UNIT DEVELOPMENT (PUD) FOR ORDINANCE Z-8-01 FOR THE PROPERTY COMMONLY KNOWN AS 1050 OAKTON STREET, DES PLAINES (CASE NO. 00-68-PUD-CU). Mr. Michael Mickelsen, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines , addressed the City Council stating that the whole scope of this project has changed; the petitioner present ed a completely different plan to the Des Pl aines Pl an 1050 OAKTON (Cont'd. ) 6 (b) TAX EXEMPTION/ 250 WIEBOLDT & 501 WOLF: Consent Agenda Resolution R-37-03 CONSTRUCTION ON STATE RIGHT-OF-WAYS PERMIT: Consent Agenda Resolution R-38-03 EXTENSION/ LANDSCAPE MAINTENANCE CONTRACT SEBERT LANDSCAPING: Consent Agenda Resolution R-39-03 PAGE FIVE 179 4/7/03 Commission; he is concerned about the parking; they have many banquets and only 142 parking spaces; this shoul d be completely reviewed. Mrs. Dolores Vels, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council stating that she is a very concerned resident in this area and she is very much against this project; we were told last year that there would be no more extensions. Alderman Brookman stated that we should not grant this extension; we should let the current extension run out. Moved by Becker, seconded by Say ad, to call for the question. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 1-Brookman ABSENT: 0-Smith Motion declared carried. Upon roll call on the substitute motion, the vote wa s~ AYES: 5-Christiansen, Murphy, Sayad, Becker, Argus NAYS: 2-Beauvais, Brookman ABSENT: 1-Smith Motion declared carried. Moved by Argus, seconded by Becker, to concur with Staff recommendation that City be authorized to support and consent to the granting of a Cook County Real Estate Classification 6(b) property tax exemption to Sysco Food Services-Chicago for new construction or substantial rehabilitation work on property located at 250 Wieboldt Avenue and the acquisition and rehabilitation of property and building located at 501 S. Wolf Road; and further recommend to adopt Resolution R-37-03, A RESOLUTION INDICATING MUNICIPAL APPROVAL OF A COOK COUNTY REAL ESTATE CLASS 6(B) PROPERTY TAX EXEMPTION TO SYSCO FOOD SERVICES-CHICAGO, INC., LOCATED AT 250 WIEBOLDT AVENUE IN DES PLAINES, ILLINOIS AND 501 SOUTH WOLF ROAD IN DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Becker, to concur with Staff recommendation that City be authorized to provide Illinois Department of Transportation (IDOT) with a resolution to serve as surety bond and permit for emergency repairs to public utilities (street lights, traffic signals, water mains, sanitary and storm sewers, etc.) located within State Right-Of-Ways for the years 2003 through and including 2007; and further recommend to adopt Resolution R-38-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, PLEDGING AND GUARANTEEING THAT ALL CONSTRUCTION, OPERATION AND MAINTENANCE OF VARIOUS STREET IMPROVEMENTS ON STATE HIGHWAYS MAINTAINED BY THE CITY, ARE PERFORMED IN ACCORDANCE WITH PERMITS GRANTED BY THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Becker, to concur with Staff recommendation to authorize one (1)-year contract extension with Sebert Landscaping, 31W060 West Bartlett Road, Bartlett, IL 60103 (originally approved by the City Council on March 20, 2000), for 2003 City-Wide Landscape Maintenance in the not-to-exceed amount of $90, 000/Street Services Funds; and further recommend to adopt Resolution R-39-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF A ONE-YEAR EXTENSION TO A CONTRACT BETWEEN THE CITY OF DES PLAINES AND SEBERT LANDSCAPING FOR LANDSCAPE MAINTENANCE FOR 2003. Motion declared carried as approved unanimousl y under Consent Agenda. EXTENSION/ TREE & STUMP REMOVAL CONTRACT, HENRICKSEN COMPANY: Consent Agenda Resolution R-40-03 REMEDIATION AGREEMENT/ MAN CARI 77 RAND ROAD: BID AWARD/ CIP STREET REHABILITA. - CONTRACT 2: BID AWARD/ P.W. UNIFORM RENTAL: Consent Agenda BID AWARD/ GAS AND DIESEL FUEL: Consent Agenda ADVERTISNG FOR BIDS: Consent Agenda HSU 4/7/03 PAGE SIX Moved by Argus, seconded by Becker, to concur with Staff recommendation to authorize one (1)-year contract extension with R.W. Henricksen Company, 2131 S. Foster Avenue, Wheeling, IL 60090 (originally approved by the City Council on March 17, 1997), for 2003 Parkway Tree and Stump Removal at their 1997 bid price in the not-to- exceed amount of $25,000/Street Services Fund; and further recommend to adopt Resolution R-40-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, AUTHORIZING THE EXECUTION OF A ONE-YEAR EXTENSION TO A CONTRACT BETWEEN THE CITY OF DES PLAINES AND R.W. HENRICKSEN FOR TREE AND STUMP REMOVAL FOR 2003. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman stated that she is very disappointed that he has not complied with City Codes; he violated a stop-work order and operated without an occupancy permit; the $500 fine is not enough; if we had not allowed him to open in the first place, these violations would not have occurred. Alderman Sayad stated that he should never have gotten an occupancy certificate until all these issues had been satisfied. Moved by Sayad, seconded by Brookman, to POSTPONE until April 21, 2003, further discussion on approving the Remediation Agreement with Frank Mancari, d/b/ a Mancari' s of Des Plaines, 77 Rand Road, Des Plaines, to complete grading and installation of catch basins and drainage pipe so as not to cause flooding; outdoor lighting system be operated consistent with City Code; and Mr. Mancari to post $25, 000 bond and pay a $500 fine. Motion declared carried. Moved by Beauvais, seconded by Becker, to award bid for 2003 Capital Improvement Program-Street Rehabilitation - Contract 2, to the lowest responsible bidder, Arrow Road Construction Company, 3401 S. Busse Road, Mt. Prospect, IL 60056, excluding Executive Way for an ADJUSTED amount of $1,056,395.50/Motor Fuel Tax Funds, Section 03-00000- 05 GM. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 1-Brookman ABSENT: 1-Smith Motion declared carried. Moved by Argus, seconded by Becker, to concur with Staff recommendation to award bid for Uniform Rental Agreement at Public Works Department, to the lowest responsible bidder, Alsco-American Industrial Division, 2221 W. Oakdale Avenue, Chicago, IL 60618, for an annual per unit cost of $751.14/2003 General Fund and Water Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Becker, to concur with Staff recommendation to award bid for Purchase and Delivery of Gas and Diesel Fuel, to the lowest bidder, Avalon Petroleum, 7601 W. 191st Street, Tinley Park, IL 60477, for their "amount over average" of $0.017 per gallon Lead Free Gas and $0. 023 per gallon for Diesel Fuel/2003 General Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Becker to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2003 Street & Utility Improvements Contract A, returnable by 3:00 p.m., Thursday, April 24, 2003. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-15-03 LICENSE AGREEMENT/ 1051 LISMORE: Consent Agenda SOCIAL SVS. AGENCIES FUNDING: PAGE SEVEN 181 4 /7/03 Moved by Argus, seconded by Becker, to adopt Ordinance M-15-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNERS VITO AND MARIA DALMAZZIO, 1051 LISMORE DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY SERVICES -Alderman Argus, Chair Director of Human Resources and Services Merriman reviewed her memo of March 14, 2003, which outlined the 2003 funding for social service agencies; budgetary constraints have limited the funding to only six ( 6) agencies; the City normally funds 15 agenci es. Alderman Christiansen stated he thought the total allocation of $30, 000 would be split between all the organizations. City Clerk McAllister left the meeting at 9: 40 p .m. , after which Donna Catlett, Executive Secretary to the Mayor, took the minutes. Alderman Argus stated that the recommendation was made to fund organizations that provided service as opposed to recreation; the unfunded agencies will need to be more creative in obtaining their financing. Alderman Sayad stated that this is a bad time; we are in a budget crunch and there is only so much money available. Alderman Becker stated that Staff had a rough job to do; if they cut up the pie any smaller, it wouldn't go anywhere. Alderman Christiansen stated that it is tough to find funding; organizations are tapping the same business market; the 150-200 children in the Youth Club are rewarded by being taken to camp in the summer; every agency should get something. Alderman Argus asked if the Youth Club children were needy; we need to help the needy, it is the parental responsibility to pay for their children's activities; she supports the Staff recommendation. Moved by Becker, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council to approve the recommended funding for Social Service Agencies/Organizations in the total amount of $30,000/2003 Budget, as follows: The Center of Concern Journeys from PADS to HOPE Maine Center, Inc. Northwest Suburban Day Care Center Self-Help Closet & Pantry of Des Plaines The Salvation Army-Comm. Counseling Center $ 2,500 2,500 2,500 10,000 10,000 2,500 $30,000 Ms. Carol Brown, Shelter, Inc., addressed the Committee of the Whole stating her disappointment that the City will not be providing funding for abused and neglected children; please reconsider. ~ SOCIAL SVS. (Cont'd. ) DES PLAINES LIBRARY LEASE: AMENDMENTS/ CITY PARKING ORDINANCE: ZONING CASE 03-08-A TEXT AMEND./ OUTDOOR ADVERTISING SIGNS: PAGE EIGHT lHZ 4 /7 /03 Mrs. Mary Schurder, The Center of Concern, addressed the Committee of the Whole stating that the Center served 6,000 Des Plaines families last year, most in great need; she thanked the City for helping them to continue their work. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole asking if PADS was included in the funding; this organization was in trouble last year . Mrs. Mary Freeman, Northwest Suburban Day Care Center, addressed the Committee of the Whole stating that the Staff had to make a very hard decision; the pot is getting smaller; she invited everyone to visit the Center. Alderman Murphy stated that she has served on the DCFS Citizens Against Abuse and Neglect Committee; there is a check-off box on your income tax form to donate $1.00 to this group. Motion declared carried (Aldermen Murphy, Sayad, Becker, Argus voted yes; Aldermen Beauvais, Christiansen, Brookman voted no). LEGAL & LICENSING -Alderman Beauvais, Vice-Chair City Attorney Wiltse reviewed his memo of March 24, 2003, which reviewed the minor changes that have been made to the draft lease with the Des Plaines Library. Moved by Sayad, seconded by Becker, to concur with Staff recommendation and recommend to the City Council approval of the final revisions to the lease with the Des Plaines Library, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. PUBLIC SAFETY -Alderman Beauvais, Chair Director of Parking Enforcement Bullock reviewed the amendments to the City's parking ordinance, i.e. all late fees for parking tickets be uniform at $15, late fees on all Illinois Vehicle Code tickets be brought to $25, and because fees for vehicle stickers are prorated by lateness, the cost of the sticker be separated from the late fees. Moved by Sayad, seconded by Becker, to concur with Staff recommendation and recommend to the City Council approval of the proposed amendments to the City's parking ordinance regarding late fees for parking violations, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed Zoning Case 03-08-A, a Text Amendment to allow more outdoor advertising signs along both I-90 Toll Road and I-294 Toll Road; the Des Plaines Plan Commission voted unanimously to recommend against this request by Premere Outdoor, Inc., 1920 S. Highland, Suite 333, Lombard, IL 60148. Alderman Becker asked City Attorney Wiltse if the additional signs are approved, would the company come back to the City with the exact locations. City Attorney Wiltse stated that the City should specify the number of signs and their locations as part of the approval. OUTDOOR SIGNS (cont'd. ) PAGE NINE 183 4 /7 /03 Alderman Sayad presented several changes that he would like as part of the agreement: total years of agreement -20; reduce number of billboards from 15 to 10; increase impact fee from $10,000 to $15,000 increase annual inspection fee from $2,400 to $3,000 for the first ten (10) years and then $4,000 for the last ten (10) years; --pay the Des Plaines 4th of July fireworks yearly cost of $25, 000 for the next three ( 3) years beginning in 2004; --City be allowed to use one (1) sign location for two (2) months per year, at no cost to the City, for the term of the agreement; City would notify the company which months prior to January 1st of each year. Total income to the City over 20 years would be $225,000, plus $25,000 for July 4th fireworks each year for three (3) years; plus $150,000 for initial permit fees. Alderman Murphy asked who would perform the sign inspections and at what cost. Attorney Joseph Loss, Loss, Pavone & Orel, 1920 S. Highland Avenue, Suite 333, Lombard, IL 60148, attorney for the petitioner, stated that most municipalities do it in-house otherwise it is contracted out. City Engineer Oakley stated that there are no inspections of signs done in-house. Alderman Beauvais stated that the City cannot count on generating $70,000 per year after ten (10) years since it is an unknown quantity as to who will perform inspections and at what cost; how can the City Council approve a sign proposed for the ~5 corners" area when we don't know what will go on that property. Mr. Loss stated that the petitioner has no plans for surface street billboards; they are only interested in tollway signs; all signs would be within 600' of the Interstate Highway System and the exact locations depend on how long the driver has to read them. Alderman Brookman stated that both the Des Plaines Plan Commission and Staff have denied this request; it is contrary to the Comprehensive Plan; she is opposed to the plan. Alderman Becker stated that a blanket yes on this proposal would be doing a disservice to the residents; the petitioner could come back to the City later with requests for additional signs. Alderman Brookman stated that the negatives inherent in this request outweigh the financial gain; financial incentives are quite small unless we agree with Alderman Sayad's suggestions. Alderman Becker asked City Attorney Wiltse if any agreed upon conditions could become part of the Special Use. City Attorney Wiltse stated that should the petitioner sell off the signs, the Special Use and permits are assignable to the new agreement. Mr. Loss stated that the petitioner wants to work with the City; the use of a sign by the City would have to be done when there is no contract advertisement already in possession of the sign. Alderman Becker asked Alderman Sayad to specify the months the City would use the sign. Alderman Say ad specified May and June. Alderman Becker asked Mr. Loss if he had the authority to make these changes in the proposal. Mr. Loss said yes. City Attorney Wiltse suggested approving the concept of this request within the parameters discussed and Staff be authorized to negotiate with the petitioner on the various proposed changes and bring back a written proposal and ordinances. CJ!!'~ OUTDOOR SIGNS (Cont'd. ) WARRANT REGISTER: ORDINANCE M-13-03 DEPUTY FIRE CHIEF HIRING PROCESS: .lOLf. 4/17/0 3 PAGE TEN Moved by Sayad, seconded by Beauvais, to recommend to the City Council to approve in concept Zoning Case 03-08-A, a Text Amendment re Outdoor Advertising Signs, with the stated additions from Alderman Sayad's memo of April 7, 2003; and Staff be authorized to work with the peti t i oner on the various proposed changes and report back to the City Council on May 5, 2003. Moved by Murphy, seconded by Sayad, to adopt a SUBSTITUTE MOTION and recommend to the City Council to approve in concept Zoning Case 03-08-A, a Text Amendment re Outdoor Advertising Signs, with the stated additions from Alderman Sayad's memo of April 7, 2003; Staff be authorized to work with the petitioner on the various proposed changes and report back to the City Council on May 5, 2003; AND eliminate from the Staff report, dated March 25, 2003, the previously discussed sections including all of Section D, the last sentence in the first paragraph of Section B and the entire second paragraph of Section B and the last sentence of Section E. City Attorney Wiltse stated that wording from an official record cannot be stricken; he suggested that Staff be asked for documentation and defense of said l anguage . Aldermen Murphy and Sayad requested that their motion be changed to reflect City Attorney Wiltse's suggestion. Moved by Brookman, seconded by Christiansen, to AMEND THE SUBSTITUTE MOTION to postpone approval entirely and not give conceptual approval at this time. Motion declared failed (Aldermen Beauvais, Murphy, Sayad, Becker, Argus voted no; Aldermen Christiansen and Brookman voted yes ). Motion declared carried on the SUBSTITUTE MOTION to recommend to the City Council to approve in concept Zoning Case 03-08-A, a Text Amendment re Outdoor Advertising Signs, with the stated additions from Alderman Sayad's memo of April 7, 2003; Staff be authorized to work with the petitioner on the various proposed changes and report back to the City Council on May 5, 2003; AND Staff provide documentation and defense of language in Section D, the last sentence in the f i rst paragraph of Section B, the entire second paragraph of Section B and the last sentence of Section E in the Staff report, dated March 25, 2003. Motion declared carried (Aldermen Beauvais, Murphy, Sayad, Becker, Argus voted yes; Aldermen Christiansen and Brookman voted no). FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the April 7, 2003 - Warrant Register, in the total amount of $2,542,631.50; and further recommend that Resolution R-34-03 be adopted at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Argus, seconded by Sayad, to adopt Ordinance M- 13-03, AN ORDINANCE AMENDING TITLE III "DEPARTMENTS," CHAPTER 2 "FIRE DEPARTMENT," SECTION 4, "DEPUTY FIRE CHIEF" TO ADD DIVISION/BATTALLION COMMANDER LANGUAGE (formerly Section 3-2-14). Upon roll call the vote was: was: M-13-03 (Cont'd.) ORDINANCE Z-7-03 FINAL PUD APPROVAL/ PRAIRIE AND FIRST: SOCIAL SVS. AGENCIES FUNDING: DES PLAINES LIBRARY LEASE: AMENDMENTS/ CITY PARKING ORDINANCE: ZONING CASE 03-08-A TEXT AMEND./ OUTDOOR ADVERTISING SIGNS: PAGE ELEVEN AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 0-None ABSENT: 1-Smith ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. .10:> 4 /7/0 3 Moved by Murphy, seconded by Sayad, to adopt Ordinance Z-7-03, AN ORDINANCE GRANTING FINAL APPROVAL OF A PLANNED UNIT DEVELOPMENT ( PUD) FOR PHASES I, II, AN D III, CONSISTING OF 25 TOWNHOUSE UNITS; AND A REZONING CLASSIFICATION FROM C-1, NEIGHBORHOOD SHOPPING TO R-3, TOWNHOUSE RESIDENTIAL; AND VARIOUS EXCEPTIONS TO THE PUD PREREQUISITES AND PERMITTED EXCEPTIONS, ALL AT THE DEVELOPMENT COMMONLY REFERRED TO AS PRAIRIE CORNERS AT FIRST AND PRAIRIE AVENUES (CASE 00-33-PUD ) . Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Becker, Argus, Arredia NAYS: 3-Beauvais, Christiansen, Brookman ABSENT: 1-Smith Motion declared carried. Moved by Argus, seconded by Say ad, to concur with recommendation of Committee of the Whole to approve the recommended funding for Social Service Agencies/Organizations in the total amount of $30,000/2003 Budget, as follows : The Center of Concern Journeys from PADS to HOPE Maine Center, Inc. Northwest Suburban Day Care Center Self-Help Closet & Pantry of Des Plaines 10,000 The Salvation Army-Comm. Counseling Center Upon roll call, the vote was: $ 2,500 2,500 2 ,500 10,000 2,500 $30,000 AYES: 5-Murphy, Sayad, Becker, Argus , Arredia NAYS: 3-Beauvais , Christi ansen, Brookman ABSENT: 1 -Smi t h Mo t ion declared carried. Moved by Beauvais, seconded by Becker, to concur with recommendation of Committee of the Whole to approve final revisions to the lease with the Des Plaines Library, and City Attorney be authorized to draft necessary resolution. Motion declared carried (further action on this matter under Consent Agenda on April 21 , 2003 ). Moved by Beauvais, seconded by Becker, to concur wit h recommendation of Committee of the Whole to approve proposed amendments to the City's parking ordinance regarding late fees for parking violations, and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 1-Brookman ABSENT: 1-Smith Motion declared carried. Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole to approve in concept Zoning Case 03-08-A, a Text Amendment re Outdoor Advertising Signs, with the stated additions from Alderman Sayad's memo of April 7, 2003; Staff be authorized to work with the petitioner on the various proposed changes and report back to the City Council on May 5, 2003; AND Staff provide documentation and defen s e of language in Section D, the last sentence in the first paragraph of Section B, the entire second paragraph of Section B and the last sentence of Section E in the Staff report, dated March 25, 2003. Motion declared carried. Aldermen Murphy, Sayad, Becker, Argus voted yes; Aldermen Beauvais, Christiansen, Brookman voted no . WARRANT REGISTER: Resolution R-34-03 PETITIONS/ STOP LIGHT AT WOLF AND FOREST AND SPEED LIMIT SIGNS: RESOLUTION R-41-03 SUPPORT OUR TROOPS: AJOURNMENT: 186 4/7/03 PAGE TWELVE Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-34-03, 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 : $2,542,631.50. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Mayor Arredia referred petitions (not the originals) received by the City Clerk from the Mayor's Offi ce on March 17, 2003, from residents of the subdivisi on known as Homeland Acres who are asking for a stop l ight at Wolf Road and Forest Avenue and that school speed limit signs be posted at this intersection, to Staff for review and report. Moved by Beauvais, seconded by Sayad, to adopt Resolution R-41-03, A RESOLUTION SUPPORTING THE UNITED STATES ARMED FORCES IN FIGHTING THE WAR ON TERRORISM AND IN SUPPORT OF OPERATION IRAQI FREEDOM. Motion declared carried. Moved by Becker, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:58 p.m. Donna McAllister, MMC CITY CLERK ~~ Donna Catlett Executive Secretary to the Mayor APPROVED BY ME THIS ~ DAY OF ~--+-:- Anthony W. Arredia, MAYOR ' 2003