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07-21-2003264 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 21, 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, July 21, 2003. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus. Alderman Brookman was absent. Alderman Brookman arrived at 7:07 p.m. Also present were: City Manager Niemeyer, Assistant to the City Manager- EDC Director Schneider, Assistant Director of Finance Jisa, Deputy Police Chief Prandini, Fire Chief Farinella, Director of Engineering Oakley, Director of Public Works Dusckett, Acting Director of Human Resources Bajor and Assistant City Attorney Bartel. PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA. : The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia introduced State Senator Susan Garrett, 29th Legislative District, who read a proclamation from the Senate of the 93rct General Assembly recognizing Des Plaines as an ethnically diverse community, recipient of two (2) individual Governor's Hometown Awards, and the steadfast leadership of Mayor Arredia. Alderman Beauvais made a brief power point presentation regarding the facts for the new Fire Station at Lee Street and Prospect Avenue, i.e. location, costs , building size and financing; the Public Safety Committee and Staff are more than willing to work with the residents on the exterior design of the building, landscape design, buffering, sidewalks and other related issues. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council questioning why some recent committee meetings have been held during the day; most people in the City work; these meetings should be at night. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that the Dodge World building on Lee Street is now vacant; this could be a multi-use building for the City; the Police Department could move there; Public Works could park some of their vehicles there; the cost would be cheaper than building a new building; we should discuss this; it is here and available. A resident from 905 Center Street addressed the City Council stating that this $35 million project should be put on a referendum; we spent all this money on the Oakton Street Fire Station and now we are going to tear it down; this is a waste of money. Ms. Mary Rohde, 1718 Webster Lane, addressed the City Council stating her concern about the new Fire Station on Lee Street; Lee Street will flood; you have not addressed all the problems that will follow; raise her taxes, but spend her money wisely; people are being driven out of town by this. Mrs. Renee Ekman, 1101 Prospect Lane, addressed the City Council questioning when the meeting was held that determined the location of the new Fire Station; we were not aware of any public discussion about this; she CITIZEN PART. (Cont'd. ) ZONING CASE 03-32-V VARIATION/ 2518 RUSTY: Ordinance Z-21-03 BUS. REGUL. CERTIFICATE/ FAILURE TO COMPLY PENALTY: PROPOSED MODIFICATIONS WILLE ROAD TIF #5 REDEV. AGREEMENT: ORDINANCE Z-19-03 CONDIT. USE/ 1029 GRACELAND: PAGE TWO 265 7/2 1 /03 offended by the attitude of the City Council; Dodge World is available and would not impede a residential area; the money could be better spent somewhere else. A resident at 465 Oak Street addressed the City Council stating that he watched the meeting of July 7, 2003 and it was really pathetic to see the people coming here t o speak thinking the City Council was listening to them; you don't; so the residents should get ready for a $1 7 million Fire Station; it's coming; you don't listen; this is not responsible government. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that he has attended meetings where the Citizens for Responsible Development have lohbied the City Council against the project on Oakton Street; you have a responsibility to weigh this issue; this group says the City Council does not respect their views; in his opinion, this accusation has not been proven; he objects to the Citizens for Responsible Development targeting the Third Ward alderman, she has done her job. Mrs. Renee Ekman, 1101 Prospect Lane, addressed the City Council asking who is responsible for reviewing the flood plans for the new Fire Station. City Engineer Oakley said the site plans will be reviewed by the Engineering Department. Mr. John Graziadei, 1050 Wicke Avenue, addressed the City Council stating that his group did turn in qualified signatures on their petitions against the project on Oakton Street; we walked all the Wards; we didn't think it was necessary to ask for their voter's card. Moved by Beauvais, seconded by Becker, to RECONSIDER motion defeated on July 7, 2003 "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 ma x imum 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 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 2518 RUSTY DRIVE, DES PLAINES, ILLINOIS;" and POSTJ?ONE for discussion on August 4, 2003 under Unfinished Business. Motion declared carried. Moved by Sayad, seconded by Murphy, to POSTPONE until August 4, 2003, the matter of Business Regulation Certification/Failure to Comply Penalty, 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 August 4, 2003, the matter of the proposed modifications to the Wille Road TIF #5 Redevelopment Agreement, 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 August 4, 2003, 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. CONSENT AGENDA: 2003 GO BOND ISSUE/TIF AREAS & FIRE STATION: Ordinance M-43-03 LICENSE AGREEMENT/ 162 LANCE: Consent Agenda Ordinance M-44-03 PARKING RESTRICTION/ ASHLAND AND CENTER STS.: Consent Agenda Ordinance T-10-03 PAGE THREE 266 7/21/03 Alderman Brookman requested that Items 1, la, 7 and 7a be removed from the Consent Agenda. Moved by Sayad, seconded by Murphy, to establish a Consent Agenda except for Items 1, la, 7 and 7a. Motion declared carried. Moved by Sayad, seconded by Beauvais, 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. Staff recommendations and requests were approved; Ordinances M-38-03, M-39-03, M- 40-03, M-41-03 and Z-22-03 were adopted; Ordinances M-44- 03 and T-10-03 were placed on First Reading; and Resolutions R-81-03, R-82-03, R-83-03, R-86-03, R-87-03 and R-88-03 were adopted. Alderman Brookman questioned why this matter was on the Consent Agenda; there should be full discussion; she asked what the interest rates will be on these bonds; each bond issue should be considered separately; she has no problem with the bonds for TIF #6. Motion by Smith that each bond issue be considered separately died for lack of a second. Moved by Becker, seconded by Argus, to concur with Staff recommendation that City be authorized to issue $7,835,000 in General Obligation Bonds for Series 2003A and $2,250,000 in Taxable General Obligation Bonds, Series 2003C, for land acquisition cost in TIF areas and financing of the new Fire Station's land and architectural fees; and place on First Reading Ordinance M-43-03, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2003A, AND TAXABLE GENERAL OBLIGATION BONDS, SERIES 2003C, OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. Alderman Brookman asked that the record show she voted yes on the bonds for TIF #6. (further action on this matter under Unfinished Business on August 4, 2003) Moved by Sayad, seconded by Beauvais, 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 162 W. Lance Drive; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-44-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH PROPERTY OWNER PAUL McCREADIE FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 162 WEST LANCE DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title 7, Chapter 5, Section 4 -"Parking Limited in Designated Places" of the City Code, that parking be restricted between the driveways at 1454 Ashland Avenue and 905 Center Street from 8:00 a.m. to 4:00 p.m., Monday through Friday; and further recommend to place on First Reading Ordinance T-10-03, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 5, "STOPPING, STANDING AND PARKING" SECTION 4, "PARKING LIMITED IN DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. ~ CLASS 6(b) PROP. TAX EXEMPTION/ 622 E. N.W. HWY.: Consent Agenda Resolution R-81-03 CLASS 6(b) PROP. TAX EXEMPTION/ WILLE ROAD AREA: Consent Agenda Resolution R-82-03 PUBLIC IMPROVEMENTS/ FINNANDER RESUB. , 1500 OXFORD: Consent Agenda Resolution R-83-03 FINAL PLAT/ 141-161 EAST RIVER RD.: Resolution R-85-03 PURCHASE OF SECURITY WINDOWS AND ELEC. GATE/ WATER PLANT 2555 MAPLE: Consent Agenda Resolution R-86-03 Resolution R-87-03 PAGE FOUR 267 7/21/03 Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation that City support and consent to the granting of a Cook County Real Estate Classification 6(b ) property tax exemption to R. G. Smith Equipment Company, for proposed new construction and substantial rehabilitation of property located at 622 E. Northwest Highway; and further recommend to adopt Resolution R-81- 03, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY LOCATED AT 622 E. NORTHWEST HIGHWAY TN DES PLAINES, ILLINOIS PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation that City support and consent to the granting of a Cook County Real Estate Classification 6(b) property tax exemption to Wille Road L.L.C., % Colliers, Bennett & Kahnweiler, 9700 W. Bryn Mawr, Rosemont, IL 60018, for proposed new construction on vacant property located at Wille Road, generally bounded by the center line of Wille Road to the north, private properties to the west and to the east, and Illinois Toll Highway Authority property to the south; and further recommend to adopt Resolution R-82-03, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY LOCATED ON WILLE ROAD TIF #3, DES PLAINES, ILLINOIS PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation to accept Public Improvements that include construction of a storm sewer and public sidewalk for Finnander Resubdivision, 1500 Oxford Road; and authorize release of public improvement surety in the amount of $2, 321. 2 0 (cash warranty in the amount of $2, 321. 20 will be held for 18 months); and further recommend to adopt Resolution R-83-03, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR FINNANDER RESUBDIVISION LOCATED AT 1500 OXFORD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to approve Final Plat for East River Road Townhouse Subdivision, 141-161 East River Road; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-85-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE ACCEPTANCE OF THE EAST RIVER ROAD TOWNHOUSE SUBDIVISION PLAT LOCATED AT 141-161 E. RIVER ROAD. Motion declared carried. Aldermen Beauvais and Brookman voted no. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation to accept proposal from A & J Glass, Inc., 6238 N. Northwest Highway, Chicago, IL 60631, for the purchase and installation of nine (9) security windows at the Des Plaines Water Plant, 2555 Maple Street, for a total cost of $5,986; AND accept proposal from Electronic Entry Systems, Inc., 1056 Gage Street, Winnetka, IL 60093, for the purchase and installation of an electronically operated gate at the Des Plaines Water Plant, 2555 Maple Street, for a base price of $11,831, plus the Knox Key option ($423) and Radio Control option ($370) for a total cost of $12,624; all funded by 2003 Budget; it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt: Resolution R-86-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL BY A&J GLASS, INC. TO PURCHASE WINDOWS WITH SECURITY GLASS FOR THE DES PLAINES PUBLIC WORKS WATER PLANT; and WATER PLANT (Cont'd.) ANTENNA LEASE AGREEMENT/ 1402 HOWARD: Consent Agenda Resolution R-88-03 WAIVE PERMIT FEES/ BUCKHORN HOME PARK, 2993 CURTIS: Consent Agenda WATER MAIN/ WESTFIELD DRIVE: Consent Agenda PARKING PAD VARIATION/ 178 CAMBRIDGE: Consent Agenda PARKING PAD VARIATION/ 850 ALFINI: Consent Agenda PAGE FIVE 268 7/21/03 Resolution R-87-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL BY ELECTRONIC ENTRY SYSTEMS, INC. TO PURCHASE AN ELECTRONICALLY-OPERATED GATE FOR THE DES PLAINES PUBLIC WORKS WATER PLANT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, 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 1402 E. Howard Street (Howard & Chestnut Streets); 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-88-03, A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A 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 Sayad, seconded by Beauvais, to concur with Staff recommendation to grant request from Buckhorn Mobile Home Park that City waive any and all permit fees, including plumbing, for installation of eight (8) fire hydrants and installation of an 8" water main (petitioner to pay for improvements), for property located at 2993 Curtis Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Mola Construction Company, Inc., P.O. Box 5235, Wheaton, IL 60189, to construct approximately 430' of an 8" diameter public water main on Westfield Drive (part of the Westfield Drive Special Service Area #5 approved by the City Council on June 2, 2003), and approve a change order in the amount of $32,684 to the 2003 Capital Improvement Program A Project to fund the improvement. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit a parking pad addition that would extend 4' on one side of existing driveway and 2' on the other side of the driveway, making the driveway-parking pad 17' wide x 27' long, on property located at 178 Cambridge Road. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments, for property located at 850 Alfini Drive, to permit widening of existing driveway from approximately 7' to 10' for a parking pad, and permit construction of a second parking pad-patio, 12' deep x 24' wide, in the rear yard adjacent to existing driveway; contingent upon rear parking pad- patio conforming to applicable building code standards, and driveway approach from the street will line up with the driveway at the property line at petitioner's expense. Motion declared carried as approved unanimously under Consent Agenda. PATIO VARIATION/ 1214 PROSPECT: Consent Agenda APPOINTMENTS/ REAPPOINT . : Consent Agenda ORDINANCE M-38-03 SALE OF EQP./ ENGRG. DEPT . : Consent Agenda ORDINANCE M-39-03 FIRE INVEST. POWERS/STATE STATUTES: Consent Agenda ORDINANCE M-40-03 PREVAILING WAGE RATES: Consent Agenda ORDINANCE M-41-03 TOBACCO ORD. AMEND . /LOCK OUT DEVICES: Consent Agenda ORDINANCE Z-22-03 MAP AMEND./ 1365 LEE: Consent Agenda PAGE SIX 269 7/21/03 Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments, for property located at 1215 Prospect Avenue, to permit construction of a 18' x 18' patio plus a 3' planting bed that would extend the patio 21' from the building foundation (Code prohibits patios from extending more than 15' from the building foundation); contingent upon petitioner agreeing to not construct any additional hard surface or structures on the lot. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to approve Mayoral appointments/reappointments, as follows: Appointments: YOUTH COMMISSION Janna Stumpf, term to expire December 1, 2005 ECONOMIC DEVELOPMENT COMMISSION Joseph Catalano, term to expire April 30, 2007 Cortney Anderson Wascher, term to expire April 30, 2007 Reappointments: KEEP DES PLAINES BEAUTIFUL Donna Holtz, term to expire June 30, 2006 SPECIAL EVENTS COMMISSION Edith Behnke, term to expire August 31, 2007 Carol Shannon, term to expire August 31, 2007 Penny Wenstrom, term to expire August 31, 2007 CONSUMER PROTECTION COMMISSION Tom Mattox, term to expire August 30, 2007 Richard Arthur, term to expire August 30, 2007 LIBRARY BOARD Rhys Read, term to expire June 30, 2006 ZONING BOARD OF APPEALS Dick Ohman, term to expire April 30, 2008 Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to adopt 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 Sayad, seconded by Beauvais, to adopt Ordinance M-39-03, AN ORDINANCE AMENDING TITLE II, "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. Moved by Sayad, seconded by Beauvais, to adopt Ordinance M-40-03, AN ORDINANCE PURSUANT TO 820 ILCS 130/1, ET SEQ. (2002) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Beauvais, to adopt 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 Sayad, seconded by Beauvais, to adopt 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. CHANGE ORDER OF AGENDA: DRIVEWAY VARIATION/ 1073 STOCKTON: ORDINANCE Z-24-03 LOT SIZE REQUIREMENT/ AUTO DEALERSHIPS: (amended agenda item) ORDINANCE Z-25-03 CONDIT. USE/ 1441 RAND: (amended agenda item) PROPOSED ARCHITECTURAL DESIGN GUIDELINES: PAGE SEVEN 270 7/21/03 Moved by Smith, seconded by Murphy, to change the order of the agenda and bring to the floor the request for a driveway variation for 1073 Stockton Avenue, scheduled to be discussed under Unfinished Business later in the meeting. Motion declared carried. Moved by Christiansen, seconded by Brookman, to grant request for Variation to Section 10-1-11 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; contingent upon petitioner paying all necessary fees and obtaining all permits but not be required to go through the other procedures. Upon roll call, the vote was: AYES: 3-Christiansen, Brookman, Smith NAYS: 5-Beauvais, Murphy, Sayad, Becker, Argus ABSENT: 0-None MOTION DECLARED FAILED. MAYOR ARREDIA DECLARED THAT THE CITY COUNCII, WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT -Alderman Becker, Chair Moved by Sayad, seconded by Argus, to recommend to the City Council to place on First Reading Ordinance Z-24-03, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 3.7-4 D. TO ADD A NEW SUBSECTION 3 THERETO AND CODE SECTION 7.3-6 "C-3 GENERAL COMMERCIAL DISTRICT" TO REDUCE LOT SIZE REQUIREMENTS FOR MOTOR VEHICLE SALES. Motion declared carried. Alderman Smith voted no. Alderman Sayad stated that the landscaping requirements and other items must be provided. A representative of the petitioner addressed the Committee of the Whole and gave assurance that this would be done. Moved by Sayad, seconded by Argus, to recommend to the City Council 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). Motion declared carried. Aldermen Christiansen and Smith voted no. Assistant City Manager-EDC Director Schneider reviewed his memo of July 11, 2003, regarding the proposed architectural design guidelines which resulted from the meetings with Staff, Zoning Board of Appeals, Plan Commission, Architectural Commission and The Lakota Group (who were hired to evaluate and make recommendations); once approved these guidelines will serve as a "roadmap" for the Architectural Commission to standardize many features and geographic areas within the City. Mr. John LaMotte, The Lakota Group, 70 W. Erie Street, Chicago, IL 60610, was introduced and made a presentation of the recommended guidelines; he asked the aldermen to review the material and return their comments and suggestions. Mayor Arredia stated that this is a high priority; he urged the aldermen to get their comments back as soon as possible; he would like to get it back to the aldermen in final form. Moved by Becker, seconded by Beauvais, to recommend to the City Council that the proposed Architectural Design Guidelines be reviewed by the aldermen and they return their comments/suggestions to Staff no later than Augus~ 21, 2003. Motion declared carried. '1' WARRANT REGISTER: REVIEW/ANNUAL VEHICLE STICKER COMPLIANCE: CITY MANAGER FORM OF GOVERNMENT: PAGE EIGHT 271 7/21/0 3 FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Brookman, to recommend to the City Council approval of the July 21, 2003 - Warrant Register, in the total amount of $3,286,093.53; and further recommend that Resolution R-84-03 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad reviewed in detail the requirement that residents purchase an annual vehicle sticker for each vehicle stored or registered in the City; the annual cost for a sticker is $30 if purchased by June 30th or within 30 days of moving into the City; from July 1st to July 31st, the cost is $40, and thereafter $80; if a sticker is not purchased in the prior year, a $75 fee is assessed when purchasing the current year's sticker; no real estate transfer stamps will be issued until any and all fines owed to the City are paid. Ms. Mary Waigand, 306 Diamond Head Drive, addressed the Committee of the Whole asking if businesses will be checked also. Alderman Sayad said only residents are checked at this point. Mr. Waigand asked if City inspectors could check also. Alderman Sayad said they are now. LEGAL & LICENSING -Alderman Smith, Chair Alderman Smith stated that a Legal & Licensing Committee meeting was held on June 26, 2003, to consider the question of adopting the managerial form of government; the only difference is the power to hire and remove department heads; it must be on a referendum either by the City Council or the citizens; also should the aldermen be elected "at large" or by Wards?; the Committee recommends that no changes be made. Alderman Becker stated that he would like to see the ordinance amended that if the chain of command is not followed, the aldermen be informed and sanctions be placed on the elected official. Alderman Say ad stated that he thinks it would be a disservice to the residents to go to "at large;" the aldermen work hard and build a rapport with their residents; people want accountability. Alderman Brookman stated that she doesn't believe we need to change our form of government right now; it would make our local government less responsive; she is strongly opposed to aldermen "at large." Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that it would be more expensive to run for office "at large;" it works for the U.S. Senate, why can't it work for us?; you have to have one person in charge. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that this would be more problematic for the residents; we don't have to have that system. Mr. Mike Sweeney, 532 E. Leahy Circle, addressed the Committee of the Whole stating that it is important for the city manager to be able to hire and fire; the problem with aldermen "at large" is that all the people aren't able to vote; there would always be contested elections. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that our present ordinance is extremely clear, but it is not always followed; he hopes the aldermen listen to the new city manager and ~ CITY MANAGER (Cont'd.) STORMWATER MASTER PLAN/ FUNDING OPTIONS: PAGE NINE 272 7/21/03 what he recommends; it is important to adhere to the City ordinance; the city manager runs the day to day business of the City; do not go around him. Mr. Rhys Read, 175 Lancaster Lane, addressed the Committee of the Whole stating that the present form of government is the best form of government. Moved by Becker, seconded by Sayad, to recommend to the City Council to NOT make any changes to our current form of government. Motion declared carried. Moved by Becker, seconded by Argus, to recommend to the City Council that Staff be authorized to prepare amendment to Section 1-7A-5 of the City Code re chain of command procedure for elected officials and possible sanctions if not adhered to, and report back to the Committee of the Whole. Motion declared carried. Alderman Sayad voted no. ENGINEERING -Alderman Argus, Chair Director of Engineering Oakley reviewed his memo of July 7, 2003, which included the revised Executive Summary to the Stormwater Master Plan; cost estimates for each project have been refined and a recommended priority list for the projects based on structure damage potential; the overall cost for the plan is estimated to range from $10.7 to $15.4 million. Director of Engineering Oakley stated that the backyard flooding portion will cost about $1.8 million and the City has funds on hand in the General Improvement Fund ($1.3) as well as a State grant ($500,000) to pay fo r this; it will take about two (2) years to complete this project. Director of Engineering Oakley stated that the remaining $13.6 million in projects can be completed over a six (6)-year period, with $7 million of the total paid from a one 1-cent increase in the City's motor fuel tax, and a 26-cent increase for five (5) years to the current 38- cent storm sewer fee (from $0.38 to $0.64 for five (5 ) years) . Alderman Beauvais stated that she is concerned about the alleys; there is nothing in the plan that addresses that. Alderman Christiansen agreed; we should work on the alleys first; we should look at that before we do other projects. Alderman Murphy stated that this plan is a wonderful start to abate flooding. Alderman Sayad stated that this is a great step forward; we have isolated the problem areas. Alderman Brookman stated that we have only had this information for a few days; this should be discussed during the budget hearings; she doesn't think this is appropriate right now; we would be accruing massive debt. Alderman Smith stated that we should not be making this choice tonight; this should be done at budget time. Alderman Argus stated that these flooding solutions are top priority; we are being responsive and accommodating to our residents; we should go with it. Moved by Becker, seconded by Sayad, to recommend to the City Council to approve the backyard flooding portion of the Stormwater Master Plan in the amount of $1.8 million, with funding from the General Improvement Fund ( $1. 3 million) and a State grant ($500,000). ~ STORMWATER (Cont'd.) PATIO VARIATION/ 1528 PENNSYLVANIA: RESOLUTION R-89-03 REDEVELOPMENT AGREEMENT/ TUCKER-FREED TIF #5: PAGE TEN 273 7/21/03 Mrs. Gloria Keane, 2048 Webster Lane, addressed the Committee of the Whole stating that she has spent a lot of money to keep water out of her home; she pays a lot of money in taxes; we need to solve backyard flooding. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that getting the backyard flooding problem solved is probably the only thing you can do tonight; the streets can't handle the water now. Mr. Jim Vinci, 1481 Marshall Drive, addressed the Committee of the Whole stating that he never sleeps well during a rainstorm; he has flooding; it disappoints him to hear people wavering on this issue; he realizes that this problem won't be solved overnight, but it would be a start; we need to do something as a community to reduce the risk of flooding; please vote for this plan even if it is piecemeal. Alderman Brookman stated that she agrees that we should move forward with the backyard flooding project and look at the rest at budget time. Moved by Sayad, seconded by Becker, to call for the question. Motion declared carried. Aldermen Christiansen, Brookman and Smith voted no. Motion declared carried on the original motion. Alderman Christiansen and Smith voted no. Aldermen Christiansen, Brookman and Smith stated that they were not opposed to the backyard flooding portion of the Stormwater Master Plan, but it should be discussed at budget time. Alderman Brookman ask leave of the body to change her vote to "no" on the original motion. There were no objections. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Argus, 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. Motion declared carried (Aldermen Sayad, Brookman, Becker, Argus and Mayor Arredia voted yes; Aldermen Beauvais, Christiansen, Murphy and Smith voted no). Moved by Becker, seconded by Christiansen, to adopt Resolution R-89-03, A RESOLUTION AUTHORIZING THE EXECUTION OF THE "REDEVELOPMENT AGREEMENT' BETWEEN TDC & JFA DES PLAINES LLC, AND THE CITY OF DES PLAINES FOR THE DOWNTOWN REDEVELOPMENT 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. ORDINANCE M-42-03 WATER SHUT OFF AMEND.: ORDINANCE Z-23-03 TEXT AMEND./ PUD STANDARDS: STREET SEWER PROBLEM/ 322 ALLES: (amended agenda item) WARRANT REGISTER: Resolution R-84-03 CITY MANAGER FORM OF GOVERNMENT: PAGE ELEVEN 274 7/21/03 Moved by Sayad, seconded by Christiansen, to adopt 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" TO ADD NEW LANGUAGE. 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 Beauvais, to adopt 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. 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 Becker, seconded by Brookman, to concur with Staff recommendation and approve Option Two to replace the existing flood control structure at 322 Alles Street with an overhead sewer system for the benefit of 322 Alles Street alone, at an approximate cost of $12,500/General Improvement Fund. Moved by Beauvais, seconded by Murphy, to waive the rules and permit public input on this matter. Motion declared carried. Mr. Ken Marek, 324 Alles Street, addressed the City Council stating that if the City does this repair work for 322 Alles Street and it doesn't help him, he expects the City to accept full responsibility and compensate him for any damages; he doesn't believe Option Two is the way to go; a better job could be done. Mrs. Danette Ross, 322 Alles Street, addressed the City Council stating that they don't want to be responsible for anyone else; they only want to be responsible for their property. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Becker, to concur with recommendation of Committee of the Whole to adopt Resolution R-84-03, 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: $3,286,093.53. 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 Brookman, to concur with recommendation of Committee of the Whole to NOT make any changes to the City's current form of government. Motion declared carried. Moved by Smith, seconded by Becker, to concur with recommendation of Committee of the Whole that Staff be authorized to prepare amendment to Section 1-7A-5 of th~ CITY MANAGER (Cont'd.) PROPOSED ARCHITECTURAL DESIGN GUIDELINES: STORMWATER MASTER PLAN/ BACKYARD FLOODING: ORDINANCE Z-24-03 LOT SIZE REQUIREMENT/ AUTO DEALERSHIPS: ORDINANCE Z-25-03 CONDIT. USE/ 1441 RAND: AJOURNMENT: PAGE TWELVE 275 7/21/03 City Code re chain of command procedures for elected officials and possible sanctions if not adhered to, and report back to the Committee of the Whole. Motion declared carried. Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole that the proposed Architectural Design Guidelines be reviewed by the aldermen and they return their comments/suggestions to Staff no later than August 21, 2003. Motion declared carried. Moved by Argus, seconded by Sayad, to concur with recommendation of Committee of the Whole to approve the backyard flooding portion of the Stormwater Master Plan in the amount of $1. 8 million, with funding from the General Improvement Fund ($1.3 million) and a State grant ($500,000). Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSENT: 0-None Motion declared carried. Alderman Brookman stated that she is in favor of the project but we shouldn't make the decision tonight. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-24-03. Motion declared carried. Aldermen Christiansen and Smith voted no. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-24-03, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 3.7-4 D. TO ADD A NEW SUBSECTION 3 THERETO AND CODE SECTION 7.3-6 "C-3 GENERAL COMMERCIAL DISTRICT" TO REDUCE LOT SIZE REQUIREMENTS FOR MOTOR VEHICLE SALES. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Argus, Arredia NAYS: 3-Christiansen, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-25-03. Motion declared carried. Aldermen Christiansen and Smith voted no. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt 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). Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Brookman Becker, Argus NAYS: 2-Christiansen, Smith ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Brookman, that tte regular meeting of the City Council adjourn. Motion declared carried. Meet~~ Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS DAY OF