06-02-2003224
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, JUNE 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 6:15 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, June 2, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith, Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Beauvais arrived in Executive Session at 6:35 p.m.
Alderman Brookman arrived at 7:21 p.m.
Also present were: Acting City Manager Schneider, Director of Finance
Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Engineering
Oakley, Director of Public Works Dusckett, Assistant Director of Human
Resources Bajor and Assistant City Attorney Bartel.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
Moved by Sayad, seconded by Murphy, to go into Executive
Session to discuss personnel, setting price for sale or
lease of property and potential litigation. 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 6:16 p.m.
The City Council reconvened at 7:00 p.m.
Roll call
Beauvais,
Argus.
indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith,
The opening prayer was given by Reverend Patricia Pipia,
Unity Northwest Church of Des Plaines, followed by the
Pledge of Allegiance. The colors were posted by the Des
Plaines Police Honor Guard.
Mayor Arredia recognized the kind attention Police
Sergeant Kevin O'Connell and the Des Plaines Police Honor
Guard gave to the sister of a Des Plaines policeman
during the Police Memorial in Springfield, Illinois on
May 1, 2003.
Mayor Arredia introduced Donna Catlett, President of the
Des Plaines Arts Council, who, along with Arts Council
members Saran Larson and Don Gloor, presented
certificates to the following scholarship winners:
Heather Dean, Algonquin Middle School
Ashley Farnan, Algonquin Middle School
Vincent Galvan, South School
JungWha Ham, Stevenson Elementary School
Charles James, Gemini Junior High School
Alyssa Laessig, Algonquin Middle School
Willow Schneider, Forest Elementary School
Brittany Marie Zacharski, South School
Mary Kate Zerbe, Chippewa Middle School
Brent Amati, Maine West High School
Andrew Chapp, University of Maine
Kurtis Decker, Maine West High School
Eric Jancsovics, Maine West High School
Lean Marie Lindberg, Maine West High School
Amy Marino, Arizona State University
Sara Roediger, Augustana College (\#/1_
Dane Sorensen, New York University )'!. ~
PRESENTATION:
INTRODUCTION:
PUBLIC
HEARING/
PETITION FOR
ANNEXATION
9661 GOLF:
CALL TO
ORDER:
DISCUSSION:
CITIZEN
PART I CI PA. :
PAGE TWO
225
6/2/03
Mayor Arredia presented The Year of the Family award to
the Benigno Cabral family for their strong family bond
and their desire to help others.
Mayor Arredia introduced Fire Chief Farinella who
introduced the newly promoted Fire Officers: Deputy Chief
Randy Jaeger, Battalion Commander Art Zern, Lt. Jeff
Schuck, Lt. Bob Ward, Lt. Greg Brown and Commander Mike
Thiry.
Mayor Arredia introduced Lee Drabek, President of Gateway
Kia, 855 Rand Road, who presented a new van to the City
for use by City's Emergency Management Agency to replace
one lost in a recent fire at the Public Works Facility.
Mayor Arredia introduced the City's Community Outreach
Coordinator Kathy Puetz and intern Jill Findlay who
prepared the documents for the Governor's Home Town
Awards; the City won two (2) awards-one for the Meals-on-
Wheels program and one for Heal thy Community Partnership;
Mayor Arredia and members of the City Council will be
going down to Springfield, Illinois to receive these
awards on June 24, 2003.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES
PLAINES CIVIC CENTER, MONDAY, JUNE 2, 2003
Mayor Arredia called the Public Hearing to order at 7:24
p.m. The Public Hearing was being held pursuant to legal
notice to consider and hear testimony as to an ordinance
annexing to the City property located at 9661 Golf Road.
Assistant City Attorney Bartel stated that the City
previously entered into an annexation agreement for this
property and now that it is contiguous to Des Plaines,
petitions have been filed by the owners for formal
annexation.
Mayor Arredia asked for comments from the aldermen a nd
the public. There were none.
The Public Hearing was adjourned at 7:25 p.m.
The City Council reconvened at 7:26 p.m.
Mr. Donna Kassens, 1509 Webster Lane, addressed the City
Council stating that she would like to submit a
correction to the minutes of May 19, 2003, under Citizen
Participation, regarding her comments about the Rivera
project, to ADD "It is the height of the building at 134 ~
that is unacceptable; the Rivera is inappropriate for our
area; it is too tall; it will create congestion."
Ms. Dolores Vels, 1019 E. Wicke, addressed the City
Council stating that the Rivera building will be higher
than The Heritage at 120'; this will be in her backyard
and she is complaining; she told Alderman Murphy that she
would go door-to-door with her in her Ward and ask her
people how they feel about this project.
Mr. Martin Voss, 1145 N. Sterling, Palatine, addressed
the City Council stating that he represents the veteran
groups in Des Plaines; he thanked the people for their
generous donations on Poppy Day; he thanked the City for
their assistance at Lake Opeka on Memorial Day.
Ms. Kathy Yoshida, 2567 Parkwood Lane, addressed the City
Council stating that she has a real problem with the
Permit Department; they want her to pay $250 for a permit
to lay down 2' of cement to make her patio larger becaus~
CITIZEN PART.
(Cont'd. )
STRUCTURAL
INVESTIGATION
REPORT RE
ROOF/FIRE
STA. #2:
HIRING OF
THE CITY
MANAGER:
TIMES DRIVE
STREET
VACATION:
PAGE THREE
of the distance from her house; what is considered the
end of her house? Alderman Becker said he would meet her
tomorrow morning at her house; this is not as cut and dry
as it looks on the plat.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that he was here a few months about the
City Manager's role in government and what he should be
responsible for; the City Manager should not be
circumvented in his job; he asked at the time that the
City Council reevaluate this position and let him do his
job.
Mr. Mark Walston, 2303 Magnolia Street, addressed the
City Council and presented a book to Mayor Arredia -Lost
Chicago, which is about structures that have been
destroyed-tore down; think twice about tearing down the
theater.
Moved by Beauvais, seconded by Murphy, to discuss the
Structural Investigation Report regarding the roof at
Fire Station #2, which is NOT on the agenda. Motion
declared carried.
Fire Chief Farinella stated that the Structural
Investigation Report contained an estimate of between
$156,000-$194,000 to fix the structural problems at Fire
Station #2; this is an unbudgeted item and needs to be
addressed.
Fire Chief Farinella stated that the Village of Rosemont
has offered the use of their fire station on Higgins Road
for personnel and equipment; he introduced Joe Rizzo of
the Rosemont Fire Department who conveyed Mayor Stevens'
offer to the City. Fire Chief Farinella stated his
thanks and appreciation to Mayor Stevens and Joe Rizzo.
Alderman Brookman asked if the building could be shored
up for a year. The representative from Kurtz &
Associates, who did the report, said there are multiple
problems at the station.
Alderman Argus stated that there are two (2) choices: 1)
do a quick fix for $160,000 or 2) a more permanent repair
for $190,000; she would prefer the more permanent repair.
Moved by Beauvais, seconded by Murphy, that a Special
Meeting of the City Council be held on Thursday, June 5,
2003 at 6:30 p.m., with an Executive Session, to further
discuss the Structural Investigation Report for Fire
Station #2. Motion declared carried.
Moved by Sayad, seconded by Brookman, to concur with
consensus in Executive Session, that Mayor and City Clerk
be authorized to execute the City Manager Employment
Agreement with David J. Niemeyer, with a base salary of
$115,000, plus $10,000 in deferred compensation and a
starting date of July 7, 2003. 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 Becker, seconded by Sayad, to concur with
consensus in Executive Session to AMEND Ordinance M-34-
03, on First Reading under Unfinished Busines later in
the meeting as follows: "Section 2, Item 5, ADD
" ... before final approval by the City Council." Upon
roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
PARKING PAD
VARIATION/
2003 PINE:
ZONING CASE
02-79-A
MAP AMEND./
1601-03-09
HILLS:
AMEND ORDER
OF BUSINESS:
DECISION/
D.P. THEATER
PRESERVATION
SOCIETY
REQUEST:
ZZ/
6/2 /03
PAGE FOUR
Moved by Christiansen, seconded by Murphy, to POSTPONE
until June 16, 2003, the request for a Parking Pad
Variation for property located at 2003 S. Pine Street,
scheduled to be discussed under Committee of the Whole
later in the meeting. Motion declared carried.
Moved by Becker, seconded by Argus, to POSTPONE until
June 16, 2003, the matter of Zoning Case 02-79-A, Map
Amendment for 1601-03-09 Hills Avenue, scheduled to be
discussed under Committee of the Whole later in the
meeting. Motion declared carried.
Moved by Becker, seconded by Murphy, to amend the order
of business to bring to the floor the matter of a
decision on the request by the Des Plaines Theater
Preservation Society, scheduled to be discussed under
Unfinished Business later in the meeting. Motion
declared carried.
Moved by Becker, seconded by Murphy, to suspend the rules
to permit public input on the request by the Des Plaines
Theater Preservation Society (previously discussed by the
City Council on April 17, 2003). Motion declared
carried.
Alderman Becker introduced John Kleinschmidt, 1316
Webford Avenue, representing the Des Plaines Theater
Preservation Society, who reviewed the packet previously
sent to the aldermen by the Society, which presented
financial projections and ratified bylaws; the Society
has been incorporated in the State of Illinois; a Not-
for-Profit application has been submitted to the Internal
Revenue Service; a registration form has been sent to the
National Register of Historic Places nominating the Des
Plaines Theater.
A discussion was held on the availability of the
property. The present lessee addressed the City Council
stating that he made an offer to buy the building but was
told that it is no good-a previous offer is still good.
Moved by Becker, seconded by Brookman, to place a 60-day
moratorium on the issuance of a demolition permit for the
Des Plaines Theater building, OR until a determination
is made by the National Register of Historic Places as
to whether this is a historic site; and the City fund a
feasibility study in the amount of $25,000/TIF Funds,
half of which to be repaid by the Des Plaines
Preservation Society; and report back to the City
Council.
Mr. Bob. Suriano, 1258 Wayne Drive, addressed the City
Council stating that he is in opposition to any City
funds being used for this project or any guaranteed loan.
Mr. Jerry DelGiudice, 600 Jill Court, addressed the City
Council stating that we should be helping homeowners with
money for the sewer lateral program; we need a new fire
house; other theaters are not doing well; put back the
sewer lateral program, get a new fire truck and new fire
facility.
A resident at 64 6 Parsons Avenue addressed the City
Council stating that she has lived here only a short
time; she understands that we are facing hard times and
are in a recession, but people still want to see good
entertainment; this will be a vast investment in the
community.
Moved by Becker, seconded by Say ad, to call for the
question. MOTION DECLARED FAILED.
THEATER
(cont'd. )
PAGE FIVE
228
6/2/03
A resident of Naperville addressed the City Council
stating that he grew up in Des Plaines; he gave a brief
overview of how a community should be developed -create
new jobs, more walkability; healthy habits in the
community; a theater would do that; he hopes everyone can
come together and make this a viable community; this will
determine what kind of City you will leave to your
children.
Mr. Rich Bohan, 856 Margret Street, addressed the City
Council stating that this project is what TIF funds are
for; what are we doing for the youth of our community?;
a theater in this town is more than just making money;
once it is gone, it is gone forever; this is a noble
venture.
Mr. Dan Gillespie, 1469 Prospect Avenue, addressed the
City Council stating that he thinks we need a new fire
station; it is not safe; we need it.
A resident at 1684 Campbell Street addressed the City
Council stating that she grew up in this area; it would
be a shame not to bring the theater back; there i s not
a lot for young people to do i n this t own.
Mrs. Jan Stoodley, 598 Webford Avenue, addressed the City
Council asking what all the people moving to Des Plaines
are going to do?: where are they going to go?: are we
going to send these people out of town?
Mrs. Hilda Hoffman, 1470 Jefferson Street, addressed the
City Council stating that the Senior Center is trying to
raise money for their new building, but they are having
a hard time; theaters in the area are not doing well ; i f
they want to do this, they should put up the money.
A resident at 656 Prairie Avenue addressed the City
Council stating that she would like to propose some kind
of fund raising; maybe put on a play to raise money for
this project; Des Plaines residents would like to support
this.
A resident at 790 Lee Street addressed the City Council
urging the aldermen to forget about t he money; the
original motion about a moratorium is a good i dea ; l e t 's
find out if this is a historic site; l et's go for the 60
days.
Moved by Beauvais, seconded by Christiansen, to adopt a
SUBSTITUTE MOTION to place a 60-day moratorium on the
issuance of a demolition permit for the Des Plaines
theater building, OR until a determination is made by the
National Register of Historic Places as to whether this
is a historic site.
Moved by Becker, seconded by Smith, to call for the
question. Motion declared carried. Aldermen Sayad and
Argus voted no.
Upon roll call on the SUBSTITUTE MOTION, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith
NAYS: 2-Sayad, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Smith, seconded by Murphy, that the City fund
a feasibility study for the Des Plaines Theater property
in the amount of $25,000/TIF Funds. Upon roll call, the
vote was
AYES: 3-Murphy, Brookman, Smith
NAYS: 5-Beauvais, Christiansen, Sayad, Becker, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
THEATER
(Cont'd. )
PROPERTY TAX
INCENTIVES/
VACANT
BUILDINGS:
CONSENT
AGENDA:
MINUTES/
5/19/03:
EXEC. SESS.
MINUTES/
5/19/03:
Consent
Agenda
LIQ. LIC./
1143 S. LEE:
Ordinance
M-33-03
PAGE SIX
229
6/2 /03
Moved by Smith, seconded by Brookman, that the City fund
a feasibility study for the Des Plaines Theater property
in the amount of $25,000/TIF Funds, half of which to be
repaid by the Des Plaines Preservation Society. Upon
roll call, the vote was:
AYES: 3-Murphy, Brookman, Smith
NAYS: 5-Beauvais, Christiansen, Sayad, Becker, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Becker, seconded by Sayad, to POSTPONE until
June 16, 2003, the matter of property tax incentives for
buildings vacant for two (2) or more years, scheduled to
be discussed under Committee of the Whole later in the
meeting. Motion declared carried.
Alderman Beauvais requested that Item 1 be removed from
the Consent Agenda and Alderman Christiansen requested
that Items 3 and 3a be removed.
Moved by Christiansen, seconded by Murphy, to establish
a Consent Agenda except for Items 1, 3 and 3a. Motion
declared carried.
Moved by Christiansen, seconded by Murphy, 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
Z-14-03, Z-15-03 and Z-16-03 were adopted; and
Resolutions R-67-03, R-68-03, R-69-03, R-70-03 and R-71-
03 were adopted.
Moved by Brookman, seconded by Beauvais, to amend minutes
of the regular City Council held May 19, 2003, as
follows: Page Two, Citizen Participation, Paragraph
Three, ADD "It is the height of the building at 134' that
is unacceptable; the Rivera is inappropriate for our
area; it is too tall; it will create congestion.
Moved by Beauvais, seconded by Brookman, to approve
minutes of the regular meeting of the City Council held
May 19, 2003 -AS AMENDED. Motion declared carried.
Moved by Christiansen, seconded by Murphy, to approve
minutes of the Executive Session One and Executive
Session Two of the City Council meeting held May 19,
2003. Motion declared carried as approved unanimously
under Consent Agenda.
Alderman Christiansen stated his concern that the
alcoholic beverages in the store are not secured in any
way.
Moved by Becker, seconded by Argus, to amend Title IV,
Chapter 4 -"Intoxicating Liquors," Section 5 of the City
Code to add one (1) Class H-2 Beer and Wine Only Liquor
License for property located at 1143 S. Lee Street, d/b/a
White Hen Pantry; contingent upon verification of
fingerprints; CONTINGENT UPON petitioner executing a
written agreement that all alcoholic beverages be kept
secure at all times; and place on First Reading Ordinance
M-33-03, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5,
"NUMBER OF LICENSES LIMITED" IN THE CITY CODE OF DES
PLAINES, TO INCREASE THE CLASS H-2 LIQUOR LICENSE BY ONE
TO ADD WHITE HEN PANTRY, LOCATED AT 1143 LEE STREET IN
DES PLAINES, ILLINOIS. Motion declared carried.
Alderman Christiansen voted no. Alderman Smith
abstained (conflict of interest).
M-33-03
(Cont'd. )
INVESTMENT
ACCOUNT FOR
CITY FUNDS/
FTN FINANCIAL
GROUP:
Consent
Agenda
Resolution
R-67-03
BANK ACCOUNT/
FIFTH THIRD
BANK:
Consent
Agenda
Resolution
R-68-03
PURCHASE &
INSTALLATION
OF WATER
METERS
AGREEMENTS:
Consent
Agenda
Resolution
R-69-03
Resolution
R-70-03
SUPPORT METRA
STAR LINE/
TRANSIT SVS.
PROVIDER:
Consent
Agenda
Resolution
R-71-03
PAGE SEVEN
230
6/2/03
Moved by Becker, seconded by Argus, to advance to Second
Reading and adopt Ordinance M-33-03. Upon roll call, the
vote was:
AYES: 2-Becker, Argus
NAYS: 5-Beauvais, Christiansen, Murphy,
Sayad, Brookman
ABSENT: 0-None
ABSTAIN:l-Smith (conflict of interest)
MOTION DECLARED FAILED (further action on this matter
under Unfinished Business on June 16, 2003) .
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation that City Clerk be authorized to
execute Certified Resolution of Board of Directors,
Corporate Account and Trading Authorization with FTN
Financial Group, New Account Department, 845 Crossover
Lane, Suite 150, Memphis, TN 38117 (this is their
housekeeping action), for purchasing of brokered
certificates of deposit; and further recommend to adopt
Resolution R-67-03, A RESOLUTION AUTHORIZING THE
EXECUTION OF AN FTN FINANCIAL GROUP CORPORATE
AUTHORIZATION RESOLUTION FOR THE PURPOSE OF OPENING A
BANK ACCOUNT AT FTN FINANCIAL GROUP. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation that City Clerk be authorized to
execute Pledge Agreement and Corporate Resolution with
Fifth Third Bank % FTN Financial Capital Markets, New
Account Department, 845 Crossover Lane, Suite 150,
Memphis, TN 38117, for the purpose of opening a bank
account; and further recommend to adopt Resolution R-68-
03, A RESOLUTION AUTHORIZING THE EXECUTION OF A PLEDGE
AGREEMENT FOR THE PURPOSE OF OPENING A BANK ACCOUNT AT
FIFTH THIRD BANK. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to accept proposal from Badger
Meters, Inc., 4545 W. Brown Deer Road, Milwaukee, WI
53224, for the purchase of 93 radio transmitting water
meter devices in the amount of $19,542/Budgeted Funds,
and it would be in the best interest of the City that
usual bid procedures be waived because Badger Meters,
Inc. has provided meters to the City since 1977 and
approximately 95% of City meters are Badger; AND accept
proposal from Professional Meters, Inc., 534 W. Bedford
Road, P.O. Box 506, Morris, IL 60450, to install these
93 radio transmitting water meter devices, in the amount
of $4, 4 64 /Budgeted Funds; and further recommend to adopt:
Resolution R-69-03, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL BY BADGER
METER, INC. TO PURCHASE RADIO TRANSMITTING WATER METER
DEVICES FOR THE CITY OF DES PLAINES; and
Resolution R-70-03, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL BY
PROFESSIONAL METERS TO INSTALL RADIO TRANSMITTING WATER
METER DEVICES FOR THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation that City be authorized to support
the Metra STAR Line as the locally preferred alternative
for providing new transit service within the Northwest
Corridor, as recommended by the Northwest Transit
Corridor Municipal Steering Committee and requested by
the Northwest Municipal Conference; and further recommend
to adopt Resolution R-71-03, A RESOLUTION DECLARING
SUPPORT FOR THE METRA STAR LINE AS THE LOCALLY PREFERRED
ALTERNATIVE FOR PROVIDING NEW TRANSIT SERVICE WITHIN THE
NORTHWEST CORRIDOR. Motion declared carried as approved
unanimously under Consent Agenda.
PATIO
VARIATION/
1086 WALNUT:
Consent
Agenda
BID AWARD/
AGGREGATE
MATERIALS:
Consent
Agenda
ORDINANCE
Z-14-03
AMEND. Z-8-03
1363
JEFFERSON:
Consent
Agenda
ORDINANCE
Z-15-03
VARIATION/
809 BEAU:
Consent
Agenda
ORDINANCE
Z-16-03
VARIATION/
100-180
TOUHY AVE.:
Consent
Agenda
APPOINTMENTS/
REAPPOINT . :
PAGE EIGHT
231
6/2 /0 3
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-9 of the Building Code Amendments for
property located at 1086 Walnut Avenue, to permit
installation of a landscaped garden and patio area in the
rear yard that would be 2.5' from the rear property line
at the widest point (Code prohibits patios from being
closer than 5' from any lot line) . Motion declared
carried as approved unanimously under Consent Agenda .
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to award bid for Production and
Furnishing of Aggregate Materials, Trucking and Disposal
of Debris, to the lowest bidder Beverly Materials, 1100
Brandt Drive, Elgin, IL 60120, for Category A at the unit
price of $13/ton for 2003-2004, $13.50/ton for 2004-2005
and $14/ton for 2005-2006; Category C at the unit price
of $11/cu. yd. for 2003-2004, $11.80/cu. yd. for 2004-
2005 and $12.50/cu. yd. for 2005-2006; and Category D a t
the unit price of $13/ton-$9.25/cu. yd. for 2003-2004,
$13.50/ton-$9.65/cu. yd. for 2004-2005 and $14/ton-
$10.15/cu. yd. for 2005-2006/Budgeted Funds. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Murphy, to adopt
Ordinance Z-14-03, AN ORDINANCE AMENDING ZONING ORDINANCE
Z-8-03, A CONDITIONAL USE, FOR THE PROPERTY COMMONLY
KNOWN AS 1363 JEFFERSON STREET (CASE 03-07-CU-V) . Moti on
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Murphy, to adopt
Ordinance Z-15-03, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 7.1-3 TO ALLOW AN ABOVE-GROUND SWIMMING POOL
IN A SECONDARY FRONT YARD (CORNER LOT ) AT 809 BEAU DRIVE ,
DES PLAINES, ILLINOIS (CASE 03-16-V). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Murphy, to adopt
Ordinance Z-16-03, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 11.6-B TO PERMIT A POLE SIGN ON A LOT WITH A
FRONTAGE OF 68.84 FEET INSTEAD OF THE MINIMUM PERMITTED
FRONTAGE OF 75 FEET, AND A VARIATION TO SECTION 11.5-l(C)
TO PERMIT A POLE SIGN WITH A SETBACK OF 0 FEET INSTEAD
OF THE REQUIRED 5 FEET, LOCATED AT 100-180 TOUHY COURT ,
DES PLAINES, ILLINOIS (CASE 03-20-V) . Motion declared
carried as approved unanimously under Consent Agenda.
Presented by consideration (no action required), were the
following Mayoral appointments/reappointments:
Appointments:
LIBRARY BOARD
Susan Weinberg (replacing Inara Brubaker)
Elaine Tejcek (replacing John Burke)
Reappointments:
ECONOMIC DEVELOPMENT COMMISSION
Bill Atherton, Graham Hills, Robert Shambora
ZONING BOARD OF APPEALS -Dan Fletcher
(final action on this matter under Consent Agenda on June
16, 2003)
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
WARRANT
REGISTER:
STATE OF THE
CITY'S
FINANCES:
PETITION FOR
ANNEXATION/
9661 GOLF:
SALES TAX
SHARING
AGREEMENT/
GATEWAY
IMPORTS
855 RAND:
ZONING CASE
03-24-CU
CONDIT. USE/
1029 s.
GRACELAND:
PAGE NINE
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
232
6/2 /03
Moved by Murphy, seconded by Becker, to recommend to the
City Council approval of the June 2, 2003 -Warrant
Register, in the total amount of $2,348,984.23; and
further recommend that Resolution R-66-03 be adopted
at appropriate time this evening. Motion decl ared
carried. Alderman Christiansen abstained from voting on
Warrant #64393 in the amount of $3, 975 (conflict of
interest).
Director of Finance Egeberg gave a power point
presentation regarding the City's financial position for
the first quarter of 2003 and the prognosis for the 2004
Budget.
Alderman Sayad stated that at the end of April, the City
is right on track with revenues, but in meeting that
criteria 22 positions were not filled, the sewer lateral
program was modified, no fire engine was purchased; we
had to take some drastic action; we want to look at
everything before we raise taxes other than property tax.
Alderman Becker reviewed the 16 projects that are
currently in progress, i.e. Hilton Hotel on River Road,
the project at First and Prairie Avenues; LaQuinta Motel
on Mannheim Road, Applebee' s Restaurant, Insignia Project
on North East River Road, the Walgreen's project
downtown, to name a few; our one-time permit fees are now
estimated to be $1.8 million.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Moved by Beauvais, seconded by Murphy, to concur with
Staff recommendation and recommend to the City Council
to accept Petition for Annexation for property l ocated
at 9661 Golf Road; and further recommend that Ordinance
A-3-03 be placed on First Reading at appropriate time
this evening. Motion declared carried.
Acting City Manager-EDC Director Schneider reviewed his
memo of May 14, 2003, regarding request from Gateway
Imports, Inc.-Kia, for sales tax sharing agreement for
property located at 855 Rand Road; if approved, the
rebate to the City would be on an annual basis; assuming
the City were to receive $100,000 in total sales tax from
Gateway Imports-Kia, the City would rebate 40% over the
$25,000, which turns out to be 40% of $75,000 or $30,000
in year one; it would take 25 years for Gateway Imports,
Inc.-Kia to achieve the full reimbursement.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation and recommend to the City Council
that City enter into a Business Development Agreement
with Gateway Imports, Inc., d/b/a Gateway Kia, 855 Rand
Road; and Staff be authorized to draft necessary
documents. Motion declared carried.
Acting City Manager Schneider reviewed his memo of May
15, 2003, regarding request to permit construction of a
congregate housing residence on property located at 1029
S. Graceland Avenue; the Des Plaines Zoning Board of
Appeals and Staff recommend approval of this request with
conditions, i.e. number of residents in the house,
construction of parking spaces.
Petitioner John Smolenski and his attorney, Dan Dowd ,
addressed the Committee of the Whole and answered
questions from the aldermen; the petitioner agrees to
complete collective parking agreements with nearby
businesses.
GRACELAND
(Cont'd. )
PARKING PAD
VARIATION/
1073
STOCKTON:
ORDINANCE
M-30-03
SPEC. SVS.
AREA #5/
WESTFIELD
LANE:
PAGE TEN
233
6/2/03
Moved by Brookman, seconded by Sayad, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, and recommend to the City Council, re Zoning Case
03-24-CU, to permit construction of a congregate housing
residence (eight (8) people) in C-3 General Commercial
District on property located at 1029 S. Graceland Avenue ;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried.
BUILDING CODE -Alderman Christiansen, Chair
Acting City Manager Schneider reviewed this request which
was previously heard on May 19, 2003 and postponed to
this date; neighbors are objecting to this request; the
Staff has been trying to work out something with the
neighbors.
Alderman Brookman stated that they are trying to pursue
a covenant which is a remedy.
Petitioner Darren Nowalski addressed the Committee of the
Whole and answered questions from the aldermen; he tried
to meet with his neighbor, but she never came; there is
a precedent for this type of parking pad variati on.
Petitioner Nowalski showed pictures of other propertie s
in the neighborhood that have this type of parking pad,
and presented petitions from neighbors who don't have a
problem with this.
Moved by Beauvais, seconded by Christiansen, to recommend
to the City Council to DENY request for Variation to
Section 4-7-9 of the Building Code Amendments to permit
construction of a parking pad 9.5' wide x 65.38' long
alongside the driveway on property located at 1073
Stockton Avenue.
Moved by Brookman, seconded by Becker, to recommend to
the City Council to POSTPONE until June 16, 2003, the
parking pad request for property located at 1073 Stockton
Avenue. MOTION DECLARED FAILED. Alderman Brookman voted
yes; Aldermen Beauvais, Christiansen, Murphy, Sayad,
Becker, Smith and Argus voted no.
Alderman Brookman stated that she feels there are other
options.
Motion declared carried on the original motion.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Argus, to adopt Ordinance
M-30-03, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF
SPECIAL SERVICE AREA NUMBER FIVE IN THE CITY OF DES
PLAINES, ILLINOIS (PORTIONS OF WESTFIELD LANE) . Upon
roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
ORDINANCE
M-34-03
TIMES DRIVE
VACATION:
WARRANT
REGISTER:
Resolution
R-66-03
PETITION FOR
ANNEXATION/
9661 GOLF:
Ordinance
A-3-03
SALES TAX
SHARING
AGREEMENT/
GATEWAY
IMPORTS
855 RAND:
ZONING CASE
03-24-CU
CONDIT. USE/
1029 s.
GRACELAND:
PAGE ELEVEN
234
6 /2 /03
Moved by Argus, seconded by Becker, to place on First
Reading Ordinance M-34-03 -AS AMENDED. Motion declared
carried. Alderman Brookman voted no.
Moved by Becker, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-34-03 -AS AMENDED, AN
ORDINANCE FOR THE VACATION OF THE TIMES DRIVE RIGHT-OF-
WAY (INCLUDING AN EASEMENT) IN ACCORDANCE WITH THE RIVERA
SENIOR RESIDENTIAL PROJECT. Upon roll call, the vote
was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-66-03, 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:
$2,348,984.23. 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. Alderman Christiansen abstained
from voting on Warrant #64393 in the amount of $3,975
(conflict of interest).
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole to accept
Petition for Annexation for property located at 9661 Golf
Road; and place on First Reading Ordinance A-3-03.
Motion declared carried.
Moved by Becker, seconded by Sayad, to advance to Second
Reading and adopt Ordinance A-3-03, AN ORDINANCE ANNEXING
CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK COUNTY,
ILLINOIS, PROPERTY COMMONLY KNOWN AS 9661 GOLF ROAD, 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 Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole that City enter
into a Business Development Agreement with Gateway
Imports, Inc., d/b/a Gateway Kia, 855 Rand Road; and
Staff be authorized to draft necessary documents.
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 (further action on this matter
under Consent Agenda on June 16, 2003).
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning Case
03-24-CU, to permit construction of a congregate housing
residence (eight (8) people) in C-3 General Commercial
District on property located at 1029 S. Graceland Avenue;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried (further action on
this matter under Consent Agenda on June 16, 2003).
PARKING PAD
VARIATION/
1073
STOCKTON:
AJOURNMENT:
PAGE TWELVE
235
6/2/0 3
Moved by Christiansen, seconded by Sayad, to concur with
recommendation of Committee of the Whole to DENY request
for Variation to Section 4-7-9 of the Building Code
Amendments to permit construction of a parking pad 9.5'
wide x 65.38' long alongside the driveway on property
located at 1073 Stockton Avenue. Motion declared
carried.
Moved by Becker, seconded by Sayad, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:20 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS
DAY OF
Anthony MAYOR
236
MINUTES OF THE SPECIAL MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, JUNE 5, 2003
CALL TO ORDER: The special 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, June 5, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Murphy, Sayad, Brookman, Becker. Aldermen
Christiansen, Smith and Argus were absent. Alderman
Christiansen arrived in Executive Session at 6: 33
p.m. Alderman Smith arrived in Exe~utive Session at
6:37 p.m. Alderman Argus arrived at 7:31 p.m.
Also present were: Acting City Manager Schneider, Fire Chief
Farinella, Deputy Fire Chief Heavey, Deputy Fire Chief Jaeger and
Assistant City Attorney Bartel.
EXECUTIVE
SESSION:
STRUCTURAL
INVESTIGATION
REPORT RE
ROOF/FIRE
STATION #2:
Moved by Brookman, seconded by Beauvais, to go into
Executive Session to discuss acquisition of real
property. Upon roll call, the vote was:
AYES: 4-Beauvais, Murphy, Brookman, Becker
NAYS: 1-Sayad
ABSENT: 3-Christiansen, Smith, Argus
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:04 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman,
Becker, Smith.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
PUBLIC SAFETY -Alderman Beauvais, Chair
Alderman Beauvais stated that the Structural
Investigation Report contains an estimate of between
$156,000-$194,000 to fix the structural problems at
Fire Station #2, 1313 Oakton St.; this is an
unbudgeted item and needs to be addressed.
Alderman Sayad stated that the City needs to have a
program to inspect City buildings; when was the last
time this building was inspected?
Acting City Manager Schneider stated that a new fire
station was reviewed during the last budget process;
we do not have a formal plan to inspect City
buildings; we look at our needs each year during the
budget process.
Alderman Murphy asked if this project should be bid
out considering the dollar amount.
Alderman Sayad stated that there may be serious
problems by waiting and going through the bid
process; the house next door may be in jeopardy if
there is a windstorm.
FIRE #2/ROOF
(Cont'd.)
PAGE TWO
237
6/5/03
Fire Chief Farinella reviewed what has taken place
since the apparatus bay problem was discovered; the
firefighters and equipment have been moved to the
Village of Rosemont's fire station on Higgins Road.
Mr. Rick Diehl, Kurtz & Associates Architects,
addressed the Committee of the Whole and reviewed
the structure of the apparatus bay at Fire Station
#2, which was constructed in 1955; Remedy #1
provide a mid-span post for the laminated beams at
an estimated cost of $156,500 or Remedy #2 -remove
the laminated beams and replace roof with a steel
structure at an estimated cost of $193,500.
Mr. Richard Grzebieniak, 1060 Wicke Avenue,
addressed the Committee of the Whole stating that
the beams have pushed out the walls at Fire Station
#2; there had to be a number of heavy snow loads to
push the walls out; how could this go on this long?
Mr. Vince Powers, 862 Webster Lane, addressed the
Committee of the Whole stating that we do not want
any firefighters in jeopardy; go through the bidding
process; use this as an example to look at all of
the City's other buildings.
Alderman Brookman stated that it is commendable that
Des Plaines and Rosemont have worked together; just
because there is a problem with the apparatus bay
does not mean that the men and equipment have to be
moved; private businesses in the 5th Ward have
offered their truck bays for use by the City; she is
concerned about our legal liability; two men and
some equipment should be stationed at Fire Station
#2.
Moved by Brookman, seconded by Smith, to recommend
to the City Council to move two firefighters and a
vehicle back to Station #2.
Moved by Becker, seconded by Sayad, to adopt a
substitute motion to recommend to the City Council
to make repairs to Fire Station #2 utilizing Remedy
#2 -removing the laminated beams and replace roof
with a steel structure, at an estimated cost of
$193, 500; and within ten days Staff to obtain two
more proposals, and place this item on the July 7,
2003 City Council meeting agenda; and it would be in
the best interest of the City that usual bid
procedures be waived.
Moved by Becker, seconded by Smith, to amend the
substitute motion and recommend to the City Council
that Mayor and City Clerk be authorized to execute
contract with Kurtz & Associates Architects, 701 Lee
Street, Suite 900, Des Plaines, IL 60016, to repair
structural problems by removing the laminated beams
and replacing roof with a steel structure at Fire
Station #2, 1313 Oak ton Street, in the amount not-
to-exceed $193,500/Building Replacement Fund and
excess funds from the General Fund as an unbudgeted
transfer to be made up in the 2004 Budget process;
and it would be in the best interest of the City
that usual bid procedures be waived. Upon roll
call, the vote was:
FIRE #2/ROOF
(Cont'd.)
STRUCTURAL
INVESTIGATION
REPORT RE
ROOF/FIRE
STATION #2:
ADJOURNMENT:
PAGE THREE
AYES: 2-Becker, Smith
NAYS: 6-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
238
6/5/03
Moved by Sayad, seconded by Argus, to reconsider
vote. Motion declared carried.
Upon roll call on the reconsidered motion to
recommend to the City Council that Mayor and City
Clerk be authorized to execute contract with Kurtz &
Associates Architects, 701 Lee Street, Suite 900,
Des Plaines, IL 60016, to repair structural
problems by removing the laminated beams and
replacing roof with a steel structure at Fire
Station #2, 1313 Oak ton Street, in the amount not-
to-exceed $193,500/Building Replacement Fund and
excess funds from the General Fund as an unbudgeted
transfer to be made up in the 2004 Budget process;
and it would be in the best interest of the City
that usual bid procedures be waived, the vote was:
AYES: 6-Beauvais, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 2-Christiansen, Brookman
ABSENT: 0-None
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Beauvais, seconded by Argus, to concur with
recommendation of Committee of the Whole, that Mayor
and City Clerk be authorized to execute contract
with Kurtz & Associates Architects, 701 Lee Street,
Suite 900, Des Plaines, IL 60016, to repair
structural problems by removing the laminated beams
and replacing roof with a steel structure at Fire
Station #2, 1313 Oak ton Street, in the amount not-
to-exceed $193,500/Building Replacement Fund and
excess funds from the General Fund as an unbudgeted
transfer to be made up in the 2004 Budget process;
and it would be in the best interest of the City
that usual bid procedures be waived. Upon roll
call, the vote was:
AYES: 6-Beauvais, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 2-Christiansen, Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Brookman, seconded by Becker, that the
special meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 8:21 p.m.
·~
CLERK
APPROVED BY ME THIS
DAYOF ~1 ~
, 2003
Anthony W. Arredia, MAYOR