07-07-2003251
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, JULY 7, 2003
CALL TO ORDER: The regular meeting of the City Council of the Ci~y 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, July 7, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith, Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Brookman arrived in Executive Session at 6:36 p.m.
Alderman Beauvais arrived in Executive Session at 6:40
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, Acting Director of Human
Resources Baj or, Assistant City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
Moved by Sayad, seconded by Becker, to go into Executive
Session to discuss acquisition of real 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 6:31 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
The opening prayer was given by Pastor Richard Mau ,
Immanuel Lutheran Church, followed by the Pledge of
Allegiance.
Mayor Arredia and Police Chief Ryan presented a Citizen
Appreciation Award to Mohammed and Patricia Hussain for
their willingness to get involved and for their
cooperation with the Police Department in the successful
arrest of three (3) violent offenders who were attempting
a holdup on June 15, 2003, at River Road and Touhy
Avenue.
Mayor Arredia and Police Chief Ryan presented Awards o f
Valor to Police Officers Larry Schroeder and Jason
Roszkowiak for their actions in preventing this armed
robbery and kidnaping of the gas station attendant.
Mayor Arredia and Police Chief Ryan presented Department
Commendations to Police Officers Robert Fitzpatrick and
Adam Skotnicki who, after a car chase, apprehended the
off enders without further incident; by remaining calm and
professional during this high stress incident they
brought credit to themselves and to the Poli ce
Department.
Mayor Arredia and Police Chief Ryan presented Dispatcher
Christie Engeriser with an Honorable Mention Award who
remained calm and relayed pertinent information to
responding units during this incident; her professional
manner brought credit to herself and to the Police
Department.
PRESENTATION
(Cont'd. )
VIDEO
PRESENTATION:
CITIZEN
PARTICIPA. :
ACQUISITION
OF REAL
PROPERTY/
WILLE AND
MARSHALL
TIF #3:
Resolution
R-78-03
POTENTIAL
LITIGATION/
2016 AND 2024
WEBSTER LANE:
PARKING PAD
VARIATION/
1073
STOCKTON:
ORDINANCE
Z-19-03
CONDIT. USE/
1029
GRACELAND:
PAGE TWO
252
7/7/03
Police Chief Ryan announced that Letters of Appreciation
were given to Police Detectives Michael Holdman and Chris
Mierzwa for their assistance in the investigation of this
attempted armed robbery.
A 10-minute video was shown highlighting the positive and
progressive aspects of Des Plaines; when finalized, this
video will be used to promote and encourage businesses
to locate in Des Plaines
Ms. Dolores Vels, Des Plaines Citizens for Responsible
Development, P.O. Box 2760, Des Plaines, addressed the
City Council stating that she has asked Alderman Murphy
to walk the Third Ward with her to see how her residents
feel about the Riviera Project, but she has not; they
also sent each alderman an in vi tat ion to walk their
Wards; they have received overwhelming support against
this project.
Ms. Donna Kassens, President, Des Plaines Citizens for
Responsible Development, P. 0. Box 2 7 60, Des Plaines,
addressed the City Council stating that seven (7)
aldermen believe in development at any cost; please look
at our neighborhood; this is not progress; this is
ridiculous; this project does not belong in her
neighborhood; it will not look pretty; they want only
four (4)-stories.
Moved by Becker, seconded by Sayad, to concur with
consensus in Executive Session that Mayor and City Clerk
be authorized to execute "Vacant Land Purchase Agreement"
with Wille Road Industrial Park, LLC, 5500 W. Touhy
Avenue, #301, Skokie, IL 60077, for the purchase of
approximately 15.9 acres of vacant land located at the
southeast corner of Wille Road and Marshall Road for
Phase II of the Wille Road TIF #3, in the amount of
$3,931,290; and further recommend to adopt Resolution R-
78-03 AS AMENDED, A RESOLUTION AUTHORIZING THE
EXECUTION OF A LAND PURCHASE CONTRACT BETWEEN THE CITY
OF DES PLAINES AND WILLE ROAD INDUSTRIAL PARK, LLC. 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 Smith, seconded by Sayad, to concur with
majority agreement in Executive Session that Staff be
authorized to proceed as directed regarding 20Hi and 2024
Webster Lane. Motion declared carried. Alderman
Brookman voted no.
Moved by Christiansen, seconded by Murphy, to POSTPONE
until July 21, 2003, discussion on the request for
Variation to Section 4-7-9 of the Building Code
Amendments to allow widening of driveway to permit
construction of a parking pad 16' wide x 28.82' long in
front of garage and existing service walks on property
located at 1073 Stockton Avenue, scheduled to be approved
on the Consent Agenda this evening. Motion declared
carried (further action on this matter under Unfinished
Business on July 21, 2003) .
Moved by Becker, seconded by Sayad, to POSTPONE until
July 21, 2003, discussion on the Second Reading of
Ordinance Z-19-03, AN ORDINANCE GRANTING A CONDITIONAL
USE PERMIT IN ACCORDANCE WITH SECTION 7.2-4(D) OF THE
CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE
OPERATION OF A CONGREGATE HOUSING FACILITY IN A C-3
GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 1029 S.
GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE 03-24-CU).
Motion declared carried (further action on this matter
under Unfinished Business on July 21, 2003).
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
LIQ. LIC./
1505 OAKTON:
Consent
Agenda
Ordinance
M-36-03
LIQ. LIC./
1185
ELMHURST:
Consent
Agenda
Ordinance
M-37-03
SALE OF
SURPLUS EQP./
ENGRG. DEPT.
Consent
Agenda
Ordinance
M-38-03
7/7/03
PAGE THREE
Alderman Sayad requested that Items S, Sa, 9 and 9a be
removed from the Consent Agenda; Alderman Christiansen
requested that Items 10, lOa and 20 be removed, and
Alderman Brookman requested that Item 12 be removed.
Moved by Beauvais, seconded by Sayad,
Consent Agenda except for Items S, Sa,
12 and 20. Motion declared carried.
to establish a
9, 9a, 10, lOa,
Moved by Becker, seconded by Sayad, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: S-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; Ordinance Z-
17-03 was adopted; Ordinances M-36-03, M-37-03, M-38-03,
M-39-03, M-41-03 and Z-22-03 were placed on First
Reading; and Resolution R-76-03 was adopted.
Moved by Becker, seconded by Sayad, to approve minutes
of the Special meeting of the City Council held June 5,
2003, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to approve minutes
of the Executive Session of the City Council held June
5, 2003. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Sayad, to approve minutes
of the regular meeting of the City Council held June 16,
2003, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 5 of the City Code to add
one (1) Class B Bulk Sales Dealers Liquor License for
property located at 1505 Oakton Street, d/b/a Joey's
Place; contingent upon verification of fingerprints; and
further recommend to place on First Reading Ordinance M-
36-03 I AN ORDINANCE AMENDING TITLE 4 I "BUSINESS
REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5,
"NUMBER OF LICENSES LIMITED" OF THE CITY CODE OF DES
PLAINES, TO INCREASE THE CLASS B LIQUOR LICENSES BY ONE
TO ADD JOEY'S PLACE LOCATED AT 1505 OAKTON STREET IN DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 5 of the City Code to add
one (1) Class B Bulk Sales Dealers Liquor License for
property located at 11S5 Elmhurst Road, d/b/a Day and
Night Store; contingent upon verification of
fingerprints; and further recommend to place on First
Reading Ordinance M-37-03, AN ORDINANCE AMENDING TITLE
4, "BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING
LIQUORS" SECTION 5, "NUMBER OF LICENSES LIMITED" OF THE
CITY CODE OF DES PLAINES, TO INCREASE THE CLASS B LIQUOR
LICENSES BY ONE TO ADD DAY AND NIGHT STORE LOCATED AT
1185 ELMHURST ROAD IN DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation and authorize sale of Troxler Moisture and
Density Gauge (surplus equipment from the Engineering
Department), which is deemed to be no longer useful to,
or for the best interest of the City, at a minimum bid
amount of $4,500 on or before 3:00 p.m., Tuesday, July
22, 2003; City Manager be authorized to execute all
necessary documents; and further recommend to place on
M-38-03
(Cont'd. )
FIRE INVEST!.
POWERS BY
STATE
STATUTES:
Consent
Agenda
Ordinance
M-39-03
PREVAILING
WAGE RATES:
Ordinance
M-40-03
ZONING CASE
03-31-V
VARIATION/
1724 MORSE:
Ordinance
Z-20-03
ZONING CASE
03-32-V
VARIATION/
2518 RUSTY:
Ordinance
Z-21-03
PAGE FOUR
254
7/7/03
First Reading Ordinance M-38-03, AN ORDINANCE AUTHORIZING
THE SALE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to amend Title 11, Chapter 1, Section 11-
1-5 -"Investigation of Fires" of the City Code to add
compliance with State Statutes 20 ILCS 2910/1, et
seq. (2002) regarding powers for investigating fires; and
further recommend to place on First Reading Ordinance M-
39-03, AN ORDINANCE AMENDING TITLE 11, "FIRE REGULATIONS"
CHAPTER 1, "BUREAU OF FIRE PREVENTION" SECTION 5,
INVESTIGATION OF FIRES" TO ADD LANGUAGE TO THE DES
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Alderman Sayad requested that the record show that any
company performing work for the City must pay the
Department of Labor's Prevailing Wage Rate for laborers,
mechanics and other workers, and they must submit
verifying documentation.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation that pursuant to Section 820 ILCS 130/1
of the State Statutes (2002), the City establish
prevailing rate of wages for laborers, mechanics and
other workers employed in performing construction of
public works projects for the City; and further recommend
to place on First Reading Ordinance M-40-03, AN ORDINANCE
PURSUANT TO 820 ILCS 130/1, ET SEQ. (2000) PERTAINING TO
WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION
AND PREVAILING WAGE RATES. Motion declared carried .
Moved by Sayad, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 03-31-V, to permit construction of a
detached garage with a height of 19' instead of the
maximum permitted height of 15' contingent upon
petitioner agreeing that the garage is to be used solely
for the storage of automobiles and household goods and
that there will be no other request for the lot or for
the proposed garage; on property located at 1724 Morse
Avenue in R-1 Single Family Residential District; and
further recommend to place on First Reading Ordinance Z-
20-03, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION
8.1-3A OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY
STRUCTURE (DETACHED GARAGE) AT 1724 MORSE AVENUE, DES
PLAINES, ILLINOIS. Motion declared carried. Alderman
Becker abstained (conflict of interest).
Alderman Christiansen stated that he will be voting
against this request; it will be going against the City's
Storm Water Master Plan; backyard flooding is a big
problem.
Moved by Becker, seconded by Brookman, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 03-32-V, to permit construction of an
oversized garage, 25' x 52.22', instead of the maximum
permitted size of 24' x 30' contingent upon petitioner
agreeing that the garage is to be used solely for the
storage of automobiles and household goods and not to
construct any additional buildings on the lot or request
any other variations for the lot; on property located at
2518 Rusty Drive in R-1 Single-Family Residential
District; and further recommend to place on First Reading
Ordinance Z-21-03, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 8. 1-3E OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED
ACCESSORY STRUCTURE (DETACHED GARAGE) AT 2 518 RU STY
DRIVE, DES PLAINES, ILLINOIS. MOTION DECLARED FAILED
(Aldermen Beauvais, Christiansen, Smith, Argus and Mayor
Arredia voted no; Aldermen Murphy, Sayad, Brookman an~flA
Becker voted yes). \J'"
ANTENNA LEASE
AGREEMENT/
DULLES ROAD
WATER TOWER:
Consent
Agenda
Resolution
R-76-03
BUY-A-BRICK
PROGRAM/
D.P. LIBRARY:
LIFEPAK 10
AND 300 UNITS
MAINTENANCE
AGREEMENT:
Consent
Agenda
SIDEWALK SALE
DAYS/CHAMBER
OF COMMERCE:
Consent
Agenda
WAIVER OF
PERMIT FEES/
20-52 E.
N.W. HWY:
Consent
Agenda
PARKING PAD
VARIATION/
559 MILLERS:
Consent
Agenda
PARKING PAD
VARIATION/
182 ROXBURY:
Consent
Agenda
PAGE FIVE
255
7/7/03
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute Lease Agreement with VoiceStream GSM I
Operating Company, LLC, 8550 W. Bryn Mawr Avenue, Suite
100, Chicago, IL 60631, to permit installation of
wireless antennae on City's water tower located at 720
Dulles Road (Route 83 and Dulles Road); term of the lease
is five ( 5) years and can be renewed for four ( 4)
additional five-year periods; City to receive a rental
fee of $15,000 for the first year which will be increased
by 5% for each subsequent year of the lease; and further
recommend to adopt Resolution R-76-03, A RESOLUTION
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN LEASE
AGREEMENT BETWEEN THE CITY OF DES PLAINES AND VOICESTREAM
GSM I OPERATING COMPANY, LLC. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to grant request from the Des
Plaines Library Board of Trustees to permit an ongoing
Buy-A-Brick Program for the Library Plaza area in front
of the Library; the Library staff will administer the
program and all expenses for bricks, engraving, shipping
and installation will be paid by the Des Plaines Library.
Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to authorize City to renew Technical
Service Support Agreement with Medtronic Physic-Control
Corporation, 11811 Willows Road NE, P.O. Box 97048,
Redmond, WA 98073, to provide maintenance for Fire
Department's LifePak 10 and LifePak 300
EKG/Defibrillation Units, begining March 1, 2003 and
ending February 29, 2004, in the amount of
$7,257.81/Budgeted Funds; and Mayor and City Clerk be
authorized to execute necessary documents. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to grant request from Des Plaines Chamber
of Commerce and Industry to hold their 47th Annual City-
wide Sidewalk Sale Days from Wednesday, July 23 through
Sunday, July 27, 2003; and parking restrictions be waived
during these special days for the convenience of shoppers
except for parking lot at Graceland and Prairie Avenues -
ANNUAL REQUEST. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to grant request from Des Plaines
Community Senior Center that the City waive any and all
permit fees that would be associated with the build-out
of their new Senior Center which will be located at 20-52
E. Northwest Highway. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to grant request for Variation to Section
4-7-9 of the Building Code Amendments to permit
construction of a parking pad addition 6.5' wide x 32.83'
long next to existing driveway in front of property
located at 559 W. Millers Road. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to grant request for Variation to Section
10-1-11 of the Building Code Amendments to permit
construction of a parking pad addition 7' wide x 25' long
next to existing driveway contingent upon petitioner
agreeing to widen the driveway approach to the same width
as the driveway/parking pad (18') at the property line,
on property located at 182 Roxbury Lane. Motion declared
carried as approved unanimously under Consent Agenda.
PARKING PAD
VARIATION/
1866 LOCUST:
Consent
Agenda
PATIO
VARIATION/
1528
PENNSYLVANIA:
PATIO
VARIATION/
331 MILLERS:
Consent
Agenda
BID AWARD/
2003 STREET
LANE MARKING
PROGRAM:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
Z-17-03
VARIATION/
711 GOLF:
Consent
Agenda
PAGE SIX
256
7/7/03
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to grant request for Variation to Section
10-1-11 of the Building Code Amendments to permit
construction of a parking pad in the rear yard of
property located at 1866 Locust Street. Motion declared
carried as approved unanimously under Consent Agenda.
Alderman Christiansen stated that he will be voting no
on this request; he doesn't accept the petitioner's
reason for this request; this won't solve the flooding
problem.
Moved by Argus, seconded by Sayad, to concur with Staff
recommendation to grant request for Variation to Section
10-1-11 of the Building Code Amendments to permit
construction of a patio in the rear yard of property
located at 1528 Pennsylvania Avenue, which would be 25'
wide x 15' long and be lot line to lot line (Code
prohibits patios from being within 5' of any lot line ),
contingent upon petitioner agreeing to not build any
other structures or hard surface items on the lot.
Moved by Murphy, seconded by Argus, to POSTPONE further
discussion on the request for a Patio Variation for 1528
Pennsylvania Avenue until July 21, 2003, for more
information. Motion declared carried. Alderman Brookman
voted no.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to grant request for Variation to Section
4-7-9 of the Building Code Amendments to permit
construction of an irregular shaped patio on property
located at 331 W. Millers Road, 24' wide x 28' long in
the side yard (Code prohibits patios from extending more
than 15' from the building foundation). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to award bid for 2003 Street Lane Marking
Program through the Northwest Municipal Conference to
Superior Road Striping, Inc., 1967 Cornell Court, Melrose
Park, IL 60160, at a cost of 4" line -$0.33/linear ft.,
6" line -$0.51/linear ft., 12" line -$1.05/linear ft.,
24" line $2.05/linear ft., letters and symbols
$2.20/sq. ft. and marking removal $0.70/sq. ft. for a
total cost not-to-exceed $40,000/MFT Funds. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for Roof Replacement at the Public Works Garage,
1111 Joseph J. Schwab Road, returnable by 3:00 p.m.,
Wednesday, July 23, 2003. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for Roof Replacement at the Des Plaines Self-
Help Closet & Pantry, 600 Algonquin Road, returnable by
3:00 p.m. Wednesday, July 23, 2003. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to adopt Ordinance
Z-17-03, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS
8.2-l(B) AND 8.2-6(A) OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT A 6 FOOT, 100% SOLID FENCE, INSTEAD
OR THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 711 E. GOLF
ROAD, DES PLAINES, ILLINOIS (Case 03-2 6-V) . Motion
declared carried as approved unanimously under Consent
Agenda.
ORDINANCE
M-41-03
TOBACCO ORD.
AMEND. RE
LOCK OUT
DEVICES:
Consent
Agenda
ORDINACE
Z-22-03
MAP AMEND./
1365 LEE:
Consent
Agenda
APPOINTMENTS/
REAPPOINT. :
ORDINANCE
M-36-03
LIQ. LIC./
1505 OAKTON:
ORDINANCE
Z-20-03
VARIATION/
1724 MORSE:
ORDINANCE
M-37-03
LIQ. LIC./
1185
ELMHURST:
PAGE SEVEN
257
7/7/03
Moved by Becker, seconded by Sayad, to place on First
Reading Ordinance M-41-03, AN ORDINANCE AMENDING TITLE
4, "BUSINESS REGULATIONS" CHAPTER 7, "MERCHANTS AND
RETAILERS" ARTICLE C, "TOBACCO DEALERS" TO ADD LANGUAGE
TO 4-7C-4A, AND DELETE LANGUAGE IN 4-7C-4B2 OF THE DES
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to place on First
Reading Ordinance Z-22-03, AN ORDINANCE GRANTING A
REQUEST FOR A MAP AMENDMENT FROM M-1, LIMITED
MANUFACTURING TO C-3 GENERAL COMMERCIAL LOCATED AT 1365
LEE STREET (Case 03-22-A) . Motion declared carried as
approved unanimously under Consent Agenda.
Presented for consideration (no action required), were
the following Mayoral appointments/reappointments:
Appointments:
YOUTH COMMISSION
Janna Stumpf (replacing Craig Westfall)
ECONOMIC DEVELOPMENT COMMISSION
Joseph Catalano (replacing Louis Capozzoli)
Cortney Anderson Wascher (replacing Jim Roberts)
Reappointments:
KEEP DES PLAINES BEAUTIFUL -Donna Holtz
SPECIAL EVENTS COMMISSION
Edith Behnke, Carol Shannon, Penny Wenstrom
CONSUMER PROTECTION COMMISSION
Tom Mattox, Richard Arthur
LIBRARY BOARD -Rhys Read
ZONING BOARD OF APPEALS -Dick Ohman
(final action on this matter under Consent Agenda on July
21, 2003)
Moved by Smith, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-36-03, AN ORDINANCE
AMENDING TITLE 4, "BUSINESS REGULAITONS" CHAPTER 4
"INTOXICATING LIQUORS" SECTION 5, "NUMBER OF LICENSES
LIMITED" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE
CLASS B LIQUOR LICENSES BY ONE TO ADD JOEY'S PLACE
LOCATED AT 1505 OAKTON STREET IN DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carri ed.
Moved by Murphy, seconded by Beauvais, to advance to
Second Reading and adopt Ordinance Z-20-03, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTION 8.l-3A OF THE CITY OF
DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION
OF AN OVERSIZED ACCESSORY STRUCTURE (DETACHED GARAGE) AT
1724 MORSE AVENUE, DES PLAINES, ILLINOIS (CASE 03-31-V).
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
ABSTAIN:l-Becker (conflict of interest)
Motion declared carried.
Moved by Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-37-03, AN ORDINANCE
AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4
"INTOXICATING LIQUORS" SECTION 5, "NUMBER OF LICENSES
LIMITED" OF THE CITY CODE OF DES PLAINES TO INCREASE THE
CLASS B LIQUOR LICENSES BY ONE TO ADD DAY AND NIGHT STORE
LOCATED AT 1185 ELMHURST ROAD IN DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
MEXICAN
CONSULAR
ID CARDS:
PARKING PAD
VARIATION/
2003 PINE:
WARRANT
REGISTER:
STREET SEWER
PROBLEMS/
322 ALLES:
ELEVATION
DRAWINGS AND
ARCHITECTURAL
CONTRACT/NEW
FIRE STA.:
£.JO
7 /7 /03
PAGE EIGHT
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING -Alderman Smith, Chair
Assistant City Attorney Bartel reviewed his memo of June
27, 2003, regarding request from the Mexican Consulate
General that the City recognize the Mexican Consular
Identification Card as a valid form of identification.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation and recommend to the City Counci l t hat the
City formally recognize the Mexican Consular
Identification Card as a valid form of identification;
and Resolution R-80-03 be adopted at appropriate time
this evening. Motion declared carried.
BUILDING CODE -Alderman Christiansen, Chair
The petitioner's son-in-law and the petitioner's
attorney, Dan Dowd, 701 Lee Street, Des Plaines,
addressed the Committee of the Whole; Mr. Dowd stated
that parking is a problem in this area; there are safety
concerns; there is no garage; it will be in character
with other pads in the area.
Alderman Becker stated that he would be against parking
right in front of the front window; it might be better
coming off of Howard Street.
Moved by Becker, seconded by Brookman, to recommend to
the City Council that the request for a Parking Pad
Variation for property located at 2003 Pine Street be
POSTPONED until August 4, 2003, for further review and
possibly another alternative. Motion declared carried.
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Murphy, seconded by Becker, to recommend to the
City Council approval of the July 7, 2003 -Warrant
Register, in the total amount of $3, 714, 826. 43; and
further recommend that Resolution R-77-03 be adopted
at appropriate time this evening . Motion declared
carried.
ENGINEERING -Alderman Argus, Chair
Petitioner Jack Ross addressed the Committee of the Whole
stating that this problem goes back to 1987; he floods
all the time; the pump runs constantly and burns out
frequently; this has to be rectified.
Mr. Ken Marek, 324 Alles Street, addressed the Committee
of the Whole stating that he supports this request; this
should have been corrected years ago.
Moved by Brookman, seconded by Sayad, to recommend to the
City Council that the City make the necessary repairs to
solve the street sewer problem for property located at
322 Alles Street at a cost not-to-exceed $10,000, a nd
report back to the City Council. Motion decl ared
carried.
PUBLIC SAFETY -Alderman Beauvais, Chair
Fire Chief Farinella reviewed his memo of June 27, 2003,
regarding the need for a new Fire Station at Lee Street
and Prospect Avenue. Mr . Ray Lee, Sente-Rubel-Bosman-
Lee, Architects, Ltd., 1955 Raymond Drive, Northbroo~~
IL 60062, presented the proposed project and site. \I'
FIRE STATION
(Cont'd.)
PAGE NINE
259
7/7/03
Alderman Brookman stated that taxes would be increased
by this project; we would double the property tax l oad ;
this would be a 20-year debt commitment; this should be
talked about during budget hearings.
Motion by Alderman Brookman to POSTPONE until t he
upcoming budget hearings further discussion on the
elevation drawings and architectural contract for the new
Fire Station at Lee Street and Prospect Avenue, died for
lack of a second.
Alderman Brookman stated that she is not opposed to
building a new Fire Station but it should be on the
appropriate site; we should consider alt ernative
locations; she is opposed to the exorbitant price of $17
million; it is a waste of taxpayers money.
Moved by Becker, seconded by Argus, to recommend to the
City Council to approve Design E as proposed by Sente-
Rubel-Bosman-Lee, Architects, Ltd.,1955 Raymond Drive ,
Northbrook, IL 60062, for the new Fire Facility at Lee
Street and Prospect Avenue.
Ms. Mary Rohde, 1718 Webster Lane, addressed t he
Committee of the Whole stating that she has lived here
27 years; she has heard about the financial condition of
the City; now is not the time to build this building;
Fire Station #2 has been improved again and again; it is
sufficient; listen to us; don't put this City into new
debt with this project.
Ms. Patricia Nelson, 1109 Stockton Avenue, addressed the
Committee of the Whole stating that she is a fireman's
daughter; she is not opposed to equipment, rigs, etc.,
but she is opposed to this new building; this will have
an impact on the people in the neighborhood; this should
be on a 4-lane street; there will be noise; truck
exhaust; put this on a referendum.
Mrs. Renee Ekman, 1101 Prospect Lane, addressed the
Committee of the Whole stating that she is a 21-year
resident; the aldermen have a bad reputation for not
listening to the residents; this has not been handled
well; she is opposed to the location; this i s a
residential area; there are various safety issues.
Mr. Ed Ekman, 1101 Prospect Lane, addressed the Committee
of the Whole stating there have only been two ( 2)
meetings on this; he doesn't think the aldermen realize
the size of this project; it is not appropriate in a
residential area; noise will be a problem; flooding will
be a problem.
Mr. Steve Vels, 1019 Wicke Avenue, addressed the
Committee of the Whole stating that this building shoul d
be put on Oakton Street by Grazie Restaurant.
A resident at 1165 Prospect Lane addressed the Committee
of the Whole stating that parking will be a problem; the
trucks will be coming out onto Prospect Lane; there are
no sidewalks; safety will be an issue.
Mrs. Cristina Krutz, 1141 Prospect Lane, addressed the
Committee of the Whole stating that she didn't have the
advantage of seeing the proposed drawings; it is not fai r
of you to not ask our opinion; you have been very rude;
she has many concerns, i.e. safety, noise; it is too
large.
Ms. Erin Rohde, 1718 Webster Lane, addressed the
Committee of the Whole stating this project will be the
size of two (2) football fields; it will be a very large
facility; she is against this project; she loves thei r
area because it is so residential; she doesn't see why
we need another building.
FIRE STATION
(Cont'd. )
PROPOSED
FINANCING/
NEW FIRE &
POLICE
FACILITIES:
DOWNTOWN
REDEVELOPMENT
AGREEMENT/
TUCKER-FREED:
PAGE TEN
260
7/7/03
Ms. Shelly Nowalski, 1073 Stockton Avenue, addressed the
Committee of the Whole stating that she thinks this is
overkill; it is too big.
Des Plaines Fireman Colin Carroll addressed the Committee
of the Whole stating that he knows this is a t ough
decision but the City needs a new Fire Station.
A substitute motion by Alderman Brookman that further
discussion on the elevation drawings and architectural
contract for the new Fire Station at Lee Street and
Prospect Avenue be POSTPONED until August 18, 2003, so
a neighborhood meeting could be held, died for lack of
a second.
Moved by Becker, seconded by Sayad, to call for the
queston. Motion declared failed (Aldermen Beauvais ,
Murphy, Brookman and Smith voted no; Aldermen
Christiansen, Sayad, Becker and Argus voted yes; a tie
vote is a failed vote).
Alderman Smith stated that the aldermen do listen; he has
not heard from anyone but these people here tonight that
they are against this project.
Alderman Argus stated that the aldermen still have to
look at the finances; this is not a done deal.
Moved by Beauvais, seconded by Murphy, to call for the
question. Motion declared carried. Alderman Brookman
voted no.
MOTION DECLARED CARRIED on Alderman Becker's original
motion. Alderman Brookman voted no.
Moved by Beauvais, seconded by Sayad, to recommend to t he
City Council to accept proposal from Sente-Rubel-Bosman-
Lee, Architects, Ltd., 1955 Raymond Drive, Northbrook,
IL 60062, to provide design and construction phase
services for a new Fire Department Facility including a
Headquarters and Fire Station #2, to be located at Lee
Street and Prospect Avenue, at s cgot sf $~7, SOG /M'utJJre.
Bend Prgceeds; and Resolution R-79-03 be adopted at
appropriate time this evening. Motion declared carried.
Alderman Brookman voted no.
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Sayad, seconded by Beauvais, to recommend to the
City Council to POSTPONE discussion on the proposed
financing for the new Fire and Police Facilities until
July 21, 2003, for further review by Staff for additional
information. Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Acting City Manager-EDC Director Schneider reviewed his
memo of June 27, 2003, regarding the proposed, final form
of the Tucker-Freed Redevelopment Agreement for the
Lee/Perry Redevelopment Area, TIF #5; the terms have been
incorporated from the October 21, 2002 term sheet that
the City Council previously approved.
Mr. Bob Fink, Development Manager, Joseph Freed &
Associates, 1400 S. Wolf Road, Wheeling, IL 60090,
addressed the Committee of the Whole and answered
questions from the aldermen.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
Committee of the Whole stating that he is very concerned
about this project; the neighbors want to have a big say
DOWNTOWN
(Cont'd. )
ORDINANCE
M-42-03
WATER SHUT
OFF AMEND.:
ORDINANCE
Z-23-03
TEXT AMEND./
RE PUD
STANDARDS:
ORDINANCE
Z-24-03
LOT SIZE
REQUIREMENT/
AUTO
DEALERSHIPS:
ORDINANCE
Z-25-03
CONDIT. USE/
1441 RAND:
WARRANT
REGISTER:
Resolution
R-77-03
PAGE ELEVEN
261
7/7/03
in how this project will be laid out; he hopes that we
don't get a mediocre grocery store.
Moved by Sayad, seconded by Christiansen, to concur with
Staff recommendation and recommend to the City Council
to approve proposed Redevelopment Agreement with TDC &
JFA Des Plaines LLC, 1400 S. Wolf Road -Building 100,
Wheeling, IL 60090 (Tucker-Freed), for construction of
improvements within the Lee/Perry Downtown Redevelopment
Area, TIF #5; and City Attorney be authorized to draft
necessary documents. Motion declared carried. Alderman
Brookman voted no.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Smith, to place on First
Reading Ordinance M-42-03, AN ORDINANCE AMENDING THE CITY
OF DES PLAINES CITY CODE, TITLE 9, "PUBLIC UTILITIES"
CHAPTER 1, "WATER SYSTEM REGULATIONS" SECTION 9,
"DELINQUENT AND NONPAYMENT OF WATER BILLS." Mot i on
declared carried.
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance Z-23-03, AN ORDINANCE AUTHORIZING A
TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE
SECTION 3.5-2 (PLANNED UNIT DEVELOPMENTS) AND SECTION
3.5-3 (PERMITTED EXCEPTIONS AND MINIMUM DEVELOPMENT
STANDARDS) (CASE 02-78-A). Motion declared carried.
Alderman Brookman voted no. (further action on this
matter under Unfinished Business on July 21, 2003 )
Moved by Sayad, seconded by Argus to place on First
Reading Ordinance Z-24-03, AN ORDINANCE AUTHORIZING A
TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE
SECTION 7. 3-6 "C-3 GENERAL COMMERCIAL DISTRICT" TO REDUCE
LOT SIZE REQUIRMENTS FOR MOTOR VEHICLE SALES.
Moved by Smith, seconded by Murphy, to adopt a substitute
motion to POSTPONE until August 18, 2003, i n the
Committee of the Whole, discussion on placing Ordinance
Z-24-03 on First Reading. Motion declared carri ed.
Moved by Sayad, seconded by Brookman, to place on First
Reading Ordinance Z-25-03, AN ORDINANCE ALLOWING FOR USED
MOTOR VEHICLE SALES IN A C-3 GENERAL COMMERCIAL ZONING
DISTRICT AT 1441 RAND ROAD, DES PLAINES, ILLINOIS (CASE
03-27-CU) .
Moved by Becker, seconded by Christiansen, to adopt a
substitute motion to POSTPONE until August 18, 2003 , in
the Committee of the Whole, discussion on placing
Ordinance Z-25-03 on First Reading. Motion declared
carried (Aldermen Beauvais, Christiansen, Becker, Smith
and Mayor Arredia voted yes; Aldermen Murphy, Sayad,
Brookman and Argus voted no)
Moved by Say ad, seconded by Murphy, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-77-03, 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:
$3,714,826.43. 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.
PROPOSED
FINANCING/
NEW FIRE &
POLICE
FACILITIES:
PARKING PAD
VARIATION/
2003 PINE:
ELEVATION
DRAWINGS/
NEW FIRE
FACILITY:
ARCHITECTURAL
CONTRACT/
NEW FIRE
FACILITY:
Resolution
R-79-03
STREET SEWER
PROBLEMS/
322 ALLES:
DOWNTOWN
REDEVELOPMENT
AGREEMENT/
TUCKER-FREED:
MEXICAN
CONSULAR
ID CARDS:
Resolution
R-80-03
PAGE TWELVE
262
7/7/03
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Committee of the Whole to POSTPONE
discussion on the proposed financing for the new Fire and
Police Facilities until July 21, 2003, for further review
by Staff for additional information. Motion declared
carried. (this matter has since been placed on "Pending"
per Alderman Sayad)
Moved by Christiansen, seconded by Beauvais, to concur
with recommendation of Committee of the Whole that the
request for a Parking Pad Variation for property located
at 2003 Pine Street be POSTPONED until August 4, 2003,
for further review and possibly another alternative.
Motion declared carried.
Moved by Beauvais, seconded by Becker, to concur with
recommendation of Committee of the Whole to approve
Design E as proposed by Sente-Rubel-Bosman-Lee,
Architects, Ltd., 1955 Raymond Drive, Northbrook, IL
60062, for the new Fire Facility at Lee Street and
Prospect Avenue. Motion declared carried. Alderman
Brookman voted no.
Moved by Beauvais, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to accept
proposal from Sente-Rubel-Bosman-Lee, Architects, Ltd.,
1955 Raymond Drive, Northbrook, IL 60062, to provide
design and construction phase services for a new Fire
Department Facility including a Headquarters and Fire
Station #2, to be located at Lee Street and Prospect
Avenue, at a cost of $27,500/Future Bond Proceeds; and
adopt Resolution R-79-03, A RESOLUTION AUTHORIZING THE
EXECUTION OF A STANDARD FORM OF AGREEMENT BETWEEN CITY
OF DES PLAINES AND SENTE-RUBEL-BOSMAN-LEE ARCHITECTS,
LTD. FOR THE DESIGN OF THE NEW FIRE STATION #2 AND FIRE
DEPARTMENT HEADQUARTERS LOCATED AT PROSPECT AVENUE AND
LEE STREET. 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 Argus, seconded by Brookman, to concur with
recommendation of Committee of the Whole that the City
make the necessary repairs to solve the street sewer
problem for property located at 322 Alles Street at a
cost not-to-exceed $10,000, and report back to the City
Council. 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 Argus, to concur with
recommendation of Committee of the Whole to approve
proposed Redevelopment Agreement with TDC & JFA Des
Plaines LLC, 1400 S. Wolf Road -Building 100, Wheeling,
IL 60090 (Tucker-Freed), for construction of improvements
within the Lee/Perry Downtown Redevelopment Area, TIF #5;
and City Attorney be authorized to draft necessary
documents. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried (further action on this matter
under Unfinished Business on July 21, 2003).
Moved by Smith, seconded by Sayad, to concur with
recommendation of Committee of the Whole that the City
formally recognize the Mexican Consular Identification
Card as a valid form of identification; and adopt
Resolution R-80-03, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES, ILLINOIS, RECOGNIZING THE ~
R-80-03
(Cont'd.)
AJOURNMENT:
PAGE THIRTEEN
263
7/7/03
MEXICAN CONSULAR IDENTIFICATION CARD, ISSUED BY THE
MEXICAN CONSULATE GENERAL'S OFFICE AS A VALID FORM OF
IDENTIFICATION OF THE PERSON. 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 Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 12:15 a.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS
DAY OF 2003
Anthon
03-506
INTER-OFFICE MEMORANDUM
City Attorney's Office
To: Donna McAllister, City Clerk
From: Raymond P. Bartel, Assistant City Attorney
Re: Minutes, July 7, 2003 Council Meeting, Page 10
Date: August 19, 2003
I have reviewed Page 10 of the Council Minutes, and in particular, the last full paragraph
regarding the Fire Station discussion and Motion made by Alderman Beauvais. I have also
reviewed the tape of the City Council meeting wherein Alderman Beauvais made the Motion to
approve Resolution R-79-03. The tape of the meeting verified that Alderman Beauvais' Motion
did not include the statement "at a cost of $27,500/future bond proceeds". Please remove that
phrase from the July 7, 2003 Minutes.
Should you have any questions concerning the above, please do not hesitate to contact me.
RPB:dl
dl\memos\Clerk July 7 Minutes clarification.mmo