08-04-2003276
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, AUGUST 4, 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, August 4, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Brookman, Becker, Srni th,
Argus. Alderman Beauvais was absent.
Also present were: City Manager Niemeyer, Director of Finance Egeberg,
Acting Police Chief Prandini, Fire Chief Farinella, Assistant Director
of Engineering Duddles, Assistant Director of Public Works Bernar, Acting
Director of Human Resources Bajor, Deputy Director of Community
Development Molinari, Community Development Block Grant Coordinator
Broder, Assistant City Attorney Bartel and City Attorney Wiltse.
PRAYER AND
PLEDGE:
PRESENTATION:
PUBLIC
HEARING/2003
CDBG ACTION
PLAN:
CALL TO
ORDER:
DISCUSSION:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance.
Mayor Arredia introduced Carlos M. Sada, Consul General
of Mexico, Juan Manuel Calderon-Jaimes, Deputy Counsel-
General, and Euimlermo Torres, Assistant to the Consul
General, and presented them with a copy of Resolution R-
80-03, adopted by the City Council on July 7, 2003,
formally recognizing the Mexican Consular Identification
Card as a valid form of identification.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES
PLAINES CIVIC CENTER, MONDAY, AUGUST 4, 2003
Mayor Arredia called the Public Hearing to order at 7:10
p.m. The Public Hearing was being held pursuant to legal
notice for public comment on the City's Action Plan for
Housing and Community Development for Program Year 2003
(October 1, 2003 -September 30, 2004), for which the
City is eligible to receive $429,000 in federal Community
Development Block Grant (CDBG) funds from the U.S .
Department of Housing and Urban Development (HUD); the
Action Plan will serve as the City's budget and formal
application for these funds.
Community Development Block Grant Coordinator Broder
reviewed the various programs that would be funded with
this money, i.e. Emergency Shelter Program, Employment
Service, Housing Assistance and Horne Sharing; Housing
Inspectors Salaries.
Mrs. Janet Stoodley, 598 Webford Avenue, addressed the
City Council asking why the housing inspectors' salaries
were paid. Ms. Broder said this was only a supplement
to their salaries when they made home inspections as part
of this program.
There were no further comments from the public or the
aldermen.
The Public Hearing was adjourned at 7:16 p.m.
The City Council reconvened at 7:17 p.rn.
CITIZEN
PARTICIPA. :
NEW FIRE
FACILITY/
PROSPECT AND
LEE:
BUS. REGULA.
CERTIFICATES:
CONSENT
AGENDA:
PAGE TWO
277
8 /4/03
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that the banner on the Republican
headquarters office had to be taken down; there are many
other locations with banners; how come these other people
can do this but the Republican organization can't.
Deputy Director of Community Development Molinari sai d
that the other people got a permit; you have to have a
permit for a banner.
Mr. Steve Vels, 1019 Wicke Avenue, addressed the City
Council stating that he takes exception to the remarks
made by a resident at the last City Council meeting about
the Citizens for Responsible Development and their
position on the Riviera project; they only got to the 3 rd
Ward in their survey and 50% of that Ward was against
this at one of the early Ward meetings; they didn't need
to get only registered voters on their petitions; this
was not a referendum petition; this building does not fit
this area; Staff and the Zoning Board denied thi s
request; he doesn't understand it.
Mrs. Dolores Vels, 1019 Wicke Avenue, addressed the City
Council stating that she commends Alderman Smith for
being willing to meet with their group about the Riviera
project; she would like to thank Alderman Brookman for
doing her homework on matters before the City Council ;
she knows people who were not contacted by the alderman
of the 3rd Ward; she is still waiting to hear from t h e
other aldermen; the Plan Commission voted against t h i s
project.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council stating that he objects to the waiving of
fees for corporations or agencies that have been in
business for many years; not-for-profit organizations are
OK; not everyone is a registered voter; does that mean
that they are not being represented by their alderman?;
people should know that the seat belt law is now in
effect; people should be able to transfer their vehicle
sticker when they move here from another community.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that he stands behind everything he said
about the 3~ Ward alderman; she represents her Ward very
well; the new flower display in front of City Hall is
beautiful; there has been much discussion about a new
fire facility, i.e. response time, safety of citizens;
railroad crossings are a big obstacle; there was a plan
developed by a former alderman; that should be looked at;
he requested that there be an ordinance requiring that
all new dwellings be sprinklered to save lives.
Alderman Murphy stated that at the last City Council
meeting after Alderman Beauvais gave her presentation on
the new fire facility, comments were made that there were
no meetings held on this matter and there was nothi ng in
the newspapers about this project. Alderman Murphy then
began to read a chronology of meetings and associated
newspaper articles that date back to August of 1991 (see
attached) .
Moved by Sayad, seconded by Murphy, to TABLE INDEFINITELY
the matter of Business Regulation Certificates/Failure
to Comply Penalty, scheduled to be discussed under
Committee of the Whole later in the meeting. Motion
declared carried.
Alderman Becker requested that Items 10 and lOa be
removed from the Consent Agenda, and Alderman
Christiansen and a resident requested that Item 13 be
removed.
Moved by Murphy, seconded by Argus, to establish a
Consent Agenda except for Items 10, lOa and 13. Motion
declared carried.
CON. AGENDA
(Cont'd.)
MINUTES:
Consent
Agenda
2003B BONDS/
REFUND 1993 &
1997C BONDS:
Consent
Agenda
Ordinance
M-45-03
LIQ. LIC.
CLASSIFICA.
UPDATE:
Consent
Agenda
Ordinance
M-46-03
LIQ. LIC./
1078-84 LEE:
Consent
Agenda
Ordinance
M-47-03
PAGE THREE
278
8/4/03
Moved by Sayad, seconded by Murphy, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-44-03 and T-10-03 were adopted; Ordinances M-45-03, M-
46-03, M-47-03, M-48-03, M-49-03 and M-50-03 were placed
on First Reading; and Resolutions R-90-03 and R-91-03
were adopted.
Moved by Sayad, seconded by Murphy, to approve minutes
of the regular meeting of the City Council held July 7,
2003, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to approve minutes
of the Executive Session of the City Council meeting held
July 7, 2003. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to approve minutes
of the regular meeting of the City Council held July 21,
2003, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation that City be authorized to issue
$2,500,000 in General Obligation Corporate Purpose
Refunding Bonds, Series 2003B, to refund Series 1993 Tax-
Exempt Bonds and Series 1997C Taxable General Obligation
Bonds; and further recommend to place on First Reading
Ordinance M-45-03, AN ORDINANCE AUTHORIZING THE ISSUANCE
OF NOT TO EXCEED $2,500,000 GENERAL OBLIGATION CORPORATE
PURPOSE REFUNDING BONDS, SERIES 2003B, OF THE CITY OF DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 5 -"License Limitations"
of the City Code to remove one (1) Class A Tavern Liquor
Dealers License (Frankie's Two, 769 Holiday Lane -out
of business); add one (1) Class A Tavern Liquor Dealers
License (Bella Via, 1051 S. Elmhurst Road); and remove
one (1) Class E Restaurant and Dining Room Liquor License
(Bella Via, 1051 S. Elmhurst Road remodeling)
HOUSEKEEPING ACTION; and further recommend to place on
First Reading Ordinance M-46-03, 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 REFLECT THE REMOVAL OF TWO
NEW GUYS, D/B/A FRANKIE'S TWO, AT 769 HOLIDAY LANE, AND
THE ADDITION OF LAGONDOLA II, D/B/A BELLA VIA LOCATED AT
1051 S. ELMHURST ROAD, DES PLAINES, ILLINOIS FOR CLASS
A LIQUOR LICENSE, AND THE REMOVAL OF LAGONDOLA II, D/B/A
BELLA VIA FOR ONE CLASS E LIQUOR LICENSE LOCATED AT 1051
S. ELMHURST ROAD. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 5 -"License Limitations"
of the City Code to add one (1) Class E Restaurant and
Dining Room Liquor License for property located at 1078-
84 Lee Street, d/b/a Peking China Chinese Restaurant;
contingent upon verification of fingerprints; and further
recommend to place on First Reading Ordinance M-47-03,
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 ADD
M-47-03
(Cont'd. )
LIQ. LIC./
769 HOLIDAY:
Consent
Agenda
Ordinance
M-48-03
LICENSE
AGREEMENT/
525 BELL:
Consent
Agenda
Ordinance
M-49-03
LICENSE
AGREEMENT/
835
WARRINGTON:
Consent
Agenda
Ordinance
M-50-03
ZONING CASE
03-34-V
VARIATION/
835 s.
WARRINGTON:
Ordinance
Z-26-03
CDBG BUDGET
AND ACTION
PLAN:
Consent
Agenda
Resolution
R-90-03
Resolution
R-91-03
PAGE FOUR
279
8/4/03
ONE CLASS E LIQUOR LICENSE FOR CHOU & SON D/B/A PEKING
CHINA CHINESE RESTAURANT, LOCATED AT 1078-84 LEE STREET,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 5 -"License Limitations"
of the City Code to add one (1) Class A Tavern Liquor
Dealers License for property located at 769 Holiday Lane,
d/b/a Stadium; contingent upon verification of
fingerprints; and further recommend to place on First
Reading Ordinance M-48-03, 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 ADD ONE CLASS A LIQUOR
LICENSE FOR VBMG, INC., D/B/A STADIUM, LOCATED AT 769
HOLIDAY LANE, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to grant request to permit installation
of a brick paver driveway apron in the City-owned right-
of-way adjacent to property located at 525 Bell Drive;
Mayor and City Clerk be authorized to execute necessary
license agreement; and further recommend to place on
First Reading Ordinance M-4 9-03, AN ORDINANCE AUTHORIZING
THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR
BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-
OF-WAY WITH OWNERS JAMES AND TAMMY SIEBURG, 525 BELL
DRIVE, DES PLAINES, ILLINOIS. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to grant request to permit installation
of a brick paver driveway apron in the City-owned right-
of-way adjacent to property located at 835 S. Warrington
Road; Mayor and City Clerk be authorized to execute
necessary license agreement; and further recommend to
place on First Reading Ordinance M-50-03, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE
PUBLIC RIGHT-OF-WAY WITH OWNER ANDREW BOGDZIEWICZ, 835
SOUTH WARRINGTON ROAD, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 03-34-V, to grant request for an after-
the-fact Variation to permit construction of an accessory
building (detached garage) with a height of 17' instead
of the maximum permitted height of 15', in R-1 Single
Family Residential District on property located at 835
S. Warrington Road; and further recommend to place on
First Reading Ordinance Z-2 6-03, AN ORDINANCE AUTHORIZING
A VARIATION TO SECTIONS 8.1-3E OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN
OVERSIZED ACCESSORY STRUCTURE (DETACHED GARAGE) 835 S.
WARRINGTON ROAD, DES PLAINES, ILLINOIS (CASE 03-34-V).
Motion declared carried.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to approve City's Community Development
Block Grant (CDBG) Program Year 2003-04 Budget in the
amount of $429,000, as presented at Public Hearings held
April 30, 2003 and August 4, 2003; approve City's
Consolidated Plan Action Plan for CDBG Program Year 2003
(October 1, 2003 to September 30, 2004); authorize Mayor
and City Clerk to execute the Plan and certifications
required by the U.S. Department of Housing and Urban
Development (HUD); submit all to HUD no later than
Friday, August 15, 2003; and further recommend to adopt:
CDBG PLAN
(Cont'd.)
PATIO
VARIATION/
2811 SCOTT:
Consent
Agenda
NOISE BARRIER
WALL/TIF #6
GRECO AVE.:
BID AWARD/
PUBLIC WKS.
ROOF
REPLACEMENT:
Consent
Agenda
BID AWARD/
ROOF REPLAC./
600
ALGONQUIN:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
PAGE FIVE
280
8/4/03
Resolution R-90-03, A RESOLUTION APPROVING THE CITY OF
DES PLAINES 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET; and
Resolution R-91-03, A RESOLUTION APPROVING THE CITY OF
DES PLAINES 2003 CONSOLIDATED PLAN ACTION PLAN.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to grant request for Variation to Section
10-1-11 of the Building Code Amendments for property
located at 2811 Scott Street, to permit construction of
a patio 24' wide that would extend 20' from the building
foundation (Code prohibits patios from extending more
than 15' from the building foundation). Motion declared
carried as approved unanimously under Consent Agenda.
Alderman Christiansen asked if the residents in the area
have been told about this noise barrier wall; do they
know what it will look like. Alderman Becker said yes,
the residents are aware of this project.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that he has dealt with
this kind of wall before; this is not tornado resistant;
a wood fence would be more tornado resistant; you have
to look at the structural stress before you construct
this.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to authorize Staff to request proposals
to furnish and install approximately 2,600 lineal feet
of a noise barrier wall along Greco Avenue on the east
side of the railroad tracks in TIF #6 (approximate cost
$600, 000/TIF Funds); proposals to be returned before 5: 00
p.m., Friday, August 15, 2003. Motion declared carried.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to award bid for Roof Replacement at the
Public Works Facility, 1111 Joseph J. Schwab Road, to the
lowest bidder, The Avondale Group, 6400 W. Touhy Avenue
Niles, IL 60714, for the total bid amount of
$32, 700/Budgeted Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to award bid for Roof Replacement at the
Des Plaines Self-Help Closet & Pantry, 600 Algonquin
Road, to the lowest bidder, The Avondale Group, 6400 W.
Touhy Avenue, for the total bid amount of
$14,490/Budgeted Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for printing of the Des Plaines Digest,
returnable by 3:00 p.m., Wednesday, August 20, 2003.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids to design and build a Storage Garage
(replacement) at the Public Works Facility, 1111 Joseph
J. Schwab Road, returnable by 3:00 p.m., Wednesday,
August 20, 2003. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation that City Clerk be authorized to advertise
for bids for the Installation, Maintenance and Removal
of 2003 Holiday Lights and Decorations, returnable by
3:00 p.m., Wednesday, August 20, 2003. Motion declared
carried as approved unanimously under Consent Agenda.
~
ORDINANCE
M-44-03
LIC. AGREE./
162 LANCE:
Consent
Agenda
ORDINANCE
T-10-03
PARKING
RESTRICTION/
ASHLAND AND
CENTER:
Consent
Agenda
ORDINANCE
M-46-03
LIQ. LIC.
CLASSIFICA.
UPDATE:
ORDINANCE
M-49-03
LIC. AGREE./
525 BELL:
ORDINANCE
Z-26-03
VARIATION/
835 s.
WARRINGTON:
APPOINTMENTS:
PAGE SIX
281
8/4/03
Moved by Sayad, seconded by Murphy, to adopt 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 Murphy, to adopt Ordinance
T-10-03, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES
AND TRAFFIC" CHAPTER 3, "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.
Moved by Argus, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-46-03, 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 REFLECT THE
REMOVAL OF TWO NEW GUYS, D/B/A FRANKIE'S TWO, AT 769
HOLIDAY LANE, AND THE ADDITION OF LAGONDOLA II, D/B/A
BELLA VIA LOCATED AT 1051 S. ELMHURST ROAD, DES PLAINES,
ILLINOIS FOR CLASS A LIQUOR LICENSES, AND THE REMOVAL OF
LAGONDOLA II, D/B/A BELLA VIA FOR ONE CLASS E LIQUOR
LICENSE LOCATED AT 1051 S. ELMHURST ROAD. Upon roll
call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Sayad, seconded by Becker, to advance to Second
Reading and adopt Ordinance M-49-03, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE
PUBLIC RIGHT-OF-WAY WITH OWNERS JAMES AND TAMMY SIEBURG,
525 BELL DRIVE, DES PLAINES, ILLINOIS. Upon roll call,
the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Sayad, seconded by Argus, to advance to Second
Reading and adopt Ordinance Z-26-03, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTIONS 8.1-3E OF THE CITY
OF DES PLAINES ZONING ORDINANCE TO PERMIT THE
CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE
(DETACHED GARAGE) 835 S. WARRINGTON ROAD, DES PLAINES,
ILLINOIS (CASE 03-34-V). Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Christiansen, seconded by Murphy, to waive the
two (2)-week waiting period and approve the following
Mayoral appointments:
Appointments:
SPECIAL EVENTS COMMISSION
Neal S. Watson (replacing Darlene Joyce),
term to expire August 31, 2007
Timothy M. Vana (replacing Sylvia Papadopoulos)
term to expire August 31, 2005
KEEP DES PLAINES BEAUTIFUL COMMISSION
Michael Fedirko (replacing Nancy Wilson)
term to expire June 1, 2005
Motion declared carried.
AMEND ORDER
OF BUSINESS:
ORDINANCE
M-43-03
2003 GO BOND
ISSUE, TIF
AREAS & FIRE
STATION:
WARRANT
REGISTER:
MOTOR FUEL
TAX INCREASE:
PAGE SEVEN
282
8/4/03
Moved by Sayad, seconded by Murphy, to amend the order
of business to bring to the floor the matter of the
Second Reading of Ordinance M-43-03, scheduled to be
adopted under Unfinished Business later in the meeting.
Motion declared carried.
Director of Finance Egeberg reviewed his memo of August
4, 2003, regarding the interest rates on the bond sale
for this issue; the City accepted the bid for the $7.835
million 2003A tax exempt bond from Robert W. Baird & Co.,
Inc., Milwaukee, Wisconsin, at a true interest rate of
4.067%; the City rejected the refunding component of the
2003C taxable bond because the bid did not result in the
City saving any money by refunding the 1997C bonds; the
City did accept the bid from Griffin, Kubik, Stephens &
Thompson, Inc., in association with Mt. Prospect National
Bank, for the $2. 25 million new money portion of the
2003C bond at a true interest rate of 5.82%.
Moved by Sayad, seconded by Argus, to adopt Ordinance M-
43-03 -AS AMENDED, 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: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Beauvais
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the August 4, 2003 -
Warrant Register, in the total amount of $2,127,955.99;
and further recommend that Resolution R-92-03 be adopted
at appropriate time this evening. Motion declared
carried.
Moved by Sayad, seconded by Becker, to take from the
table the matter of a Motor Fuel Tax Increase, tabled
indefinitely on February 18, 2003. Motion declared
carried.
Alderman Sayad stated that an increase from one cent
($0.01) to two-cents ($0.02) would generate $500,000,
which would be used for backyard flooding.
Alderman Christiansen stated that
increase; no attention is being
alleys.
he is against this
given to repair of
Alderman Brookman also stated her strong opposition to
this tax increase.
Mr. Wayne Busse, Busse Marathon, 10 W. Golf Road,
addressed the Committee of the Whole stating the City
already collects one cent from him now; he makes about
a five cent or six cent profit on a gallon of lead free;
he won't be able to increase his price one cent; Sam's
Club sells gas for 10 cents less than he does; add a tax
to McDonald's.
Mr. Jerry Sloan, Peacock Oil Company, 2000 Mannheim Road,
addressed the Committee of the Whole stating that he has
been here 30 years; they work seven ( 7) days a week;
people will go somewhere else to save a penny; people buy
other things when they come here; you make revenue on~
MOTOR FUEL
(Cont'd.)
PROPOSED
AMENDMENTS/
WILLE ROAD
TIF #3
REDEVELOPMENT
AGREEMENT:
MORATORIUM
EXTENSION/
D.P. THEATER
PRESERVATION
SOCIETY:
PAGE EIGHT
283
8/4/03
that too; we work on a four cent margin; we are very
community-minded; we give scholarships to the schools;
this is not right for the citizens of Des Plaines.
Mr. Nick Gianaris, Kalo Citgo, 1490 Oakton Street,
addressed the Committee of the Whole stating that he
knows that flood relief is a major issue in this town,
but his pie is getting smaller too; his insurance has
doubled; we have never asked anything from the City; we
have always tried to pay our own way; we cannot compete
with Sam's Club; this doesn't seem fair; this should be
looked at; this is a very serious issue for us; he hopes
the City can see their position on this.
Mr. Patrick Graham, Des Plaines Citgo, 800 S. Elmhurst
Road, addressed the Committee of the Whole stating that
Des Plaines has one of the most competitive markets in
Cook County; they work on a very slim margin, they're
under five cents; credit card users eat up their profit
too; they may have to cut health benefits to their
employees; they can't afford to have another one cent
tax; their customers are very price sensitive.
A representative from Rand & River BP, 1530 Rand Road,
addressed the Committee of the Whole stating that he has
a tough time paying off his bills.
Moved by Brookman, seconded by Christiansen, to recommend
to the City Council to NOT impose a one cent ( $0. 01)
increase in the Motor Fuel Tax. MOTION DECLARED FAILED.
Aldermen Christiansen, Brookman and Smith voted yes;
Aldermen Murphy, Sayad, Becker and Argus voted no.
Moved by Becker, seconded by Argus, to recommend to the
City Council that the Motor Fuel Tax be increased by one
cent ($0.01); and proposed ordinance be placed on First
Reading at appropriate time this evening. Upon roll
call, the vote was:
AYES: 4-Murphy, Sayad, Becker, Argus
NAYS: 3-Christiansen, Brookman, Smith
ABSENT: 1-Beauvais
Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker stated that this was a report to the
aldermen about the proposed amendments to the
redevelopment agreement with Norwood Builders, 7458 N.
Harlem Avenue, Chicago, IL 60631, for Wille Road TIF #3;
no action is required by the City Council on these items
since they can all be handled administratively as
authorized by Resolution R-53-01, adopted by the City
Council on June 18, 2001.
Alderman Becker stated that the amendments are detailed
in Assistant City Manager-EDC Director Schneider's memo
of July 25, 2003, i.e. rent amount, size of the building,
"lease-up" period.
Alderman Becker and City Attorney Wiltse reviewed this
matter; the moratorium granted to the Des Plaines
Preservation Society on June 2, 2003, has now expired;
no final determination has been made that this property
is a historical site; the Mt. Prospect State Bank now
owns the property, so the matter is really between the
bank and the State Historic Preservation Agency.
City Attorney read a statement which states that a
request for a moratorium extension is moot; he recommends
that the City Council take no further action on the
request to extend the moratorium.
Alderman Say ad stated that at this point the City is
totally out of this.
MORATORIUM
(Cont'd. )
CREDIT
TRANSFER/
EXECUTIVE WAY
STREET
REHABILITA:
PAGE NINE
284
8/4/03
Alderman Smith stated that the City should provide
leadership and support to this group; this is not a
private matter between the Des Plaines Theater
Preservation Society and the Mt. Prospect State Bank.
Mr. Douglas Bryan Bean, Secretary of the Des Plaines
Theater Preservation Society, who resides at 726 Howard
Avenue, addressed the Committee of the Whole stating that
the building is still under threat; the moratorium
protects the building from anything happening to it; the
bank could sell it to a private individual who wouldn't
be held to the same restrictions as the bank; this is a
very important part of Des Plaines life; a moratorium
could be arranged if the City wanted to do this; please
place this on an agenda for consideration to protect this
building.
Mr. Chris Schmidt, 1170 S. Second Avenue, addressed the
Committee of the Whole asking if the City could consider
an Evidentiary Hearing so the moratorium could be
considered. City Attorney Wiltse said this would take
time; this would be a trial of sorts where evidence would
be presented; there is a legal process that must be
followed.
MAYOR ARREDIA ASSUMED THE CHAIR TO HEAR A MOTION FROM
ALDERMAN SMITH
Moved by Smith, seconded by Brookman, to place on the
agenda for August 18, 2003, under Committee of the Whole
(Community Development Committee) discussion on funding
a feasibility study for the Des Plaines Theater property,
1476 Miner Street. Motion declared carried. Aldermen
Sayad voted no. Alderman Argus abstained (conflict of
interest) .
ENGINEERING -Alderman Argus, Chair
Assistant Director of Engineering Duddles reviewed
Director of Engineering Oakley's memo of July 25, 2003;
street rehabilitation of Executive Way was not done as
part of the 2003 Street Rehabilitation-Contract 2
Project, due to the anticipated Riviera development
project, resulting in a credit of $160, 000 from the
contract; this money could be added to the 2003 Concrete
Improvement Program for curb and sidewalk replacement.
Alderman Christiansen stated that alleys are being
neglected again; let's put this in for alleys now.
Alderman Smith stated that this money should be held
until budget time; we should look at all the programs.
Alderman Say ad stated that we should not wait until
budget time; there are some hazardous sidewalks out
there; this is a great idea.
Alderman Brookman stated that we should wait until budget
time to see if this is the highest use for this money.
Alderman Christiansen stated that we are putting the cart
before the horse because we are not even sure the Riviera
project will be approved.
Assistant Director of Engineering Duddles confirmed that
this is motor fuel tax money and if we don't use it, we
will lose it.
Moved by Becker, seconded by Sayad, to recommend to the
City Council that the $160,000 saved by not
rehabilitating Executive Way be added to the 2003
Concrete Improvement Program for curb and sidewalk
replacement, and a change order be issued to contract
with Schroeder & Schroeder, Inc., 7306 Central Park, ~
EXECUTIVE WAY
(Cont'd. )
ORDINANCE
Z-19-03
CONDIT. USE/
1029
GRACELAND:
ORDINANCE
Z-21-03
VARIATION/
2518 RUSTY:
WARRANT
REGISTER:
Resolution
R-92-03
PAGE TEN
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8/4/03
Skokie, IL 60076 (approved by the City Council on May 5,
2003 in the amount of $325,000), resulting in a total
contract amount of $485,000/MFT Funds, Section 03-00000-
06 GM. Motion declared carried. Aldermen Christiansen,
Brookman and Smith voted no; Aldermen Murphy, Sayad,
Becker and Argus voted yes.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Murphy, to adopt 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) . Upon roll call, the
vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
(This motion was defeated on July 7, 2003, "reconsidered"
on July 21, 2003 and postponed to this date.)
Moved by Becker, seconded by Smith, to concur with
recommendation of Des Plaines Zoning Board of Appeal s,
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.
Moved by Murphy, seconded by Becker, to call for the
question. Motion declared carried.
Motion declared carried. Alderman Christiansen voted no.
Moved by Becker, seconded by Brookman, to advance to
Seconded Reading and adopt 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 (CASE 03-32-V). Upon roll call, the vote was:
AYES: 6-Murphy, Sayad, Brookman,
Becker, Smith, Argus
NAYS: 1-Christiansen
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Sayad, seconded by Murphy, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-92-03, 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:
$2,127,955.99. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
MOTOR FUEL
TAX
INCREASE:
Ordinance
M-51-03
CREDIT
TRANSFER/
EXECUTIVE WAY
STREET
REHABILITA. :
ADJOURNMENT:
PAGE ELEVEN
286
8/4/03
Moved by Sayad, seconded by Becker, to concur with
recommendation of Committee of the Whole that the Motor
Fuel Tax be increased by one cent ($0.01) and further
recommend to place on First Reading Ordinance M-51-03 -
As Amended, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS" CHAPTER 3F, "MOTOR FUEL TAX" SECTION 2, "TAX
IMPOSED." Motion declared carried. Aldermen
Christiansen, Brookman and Smith voted no; Aldermen
Murphy, Sayad, Becker and Argus voted yes. (further
action on this matter under Unfinished Business on August
18, 2003)
Moved by Argus, seconded by Sayad, to concur with
recommendation of Committee of the Whole that the
$160,000 saved by not rehabilitating Executive Way be
added to the 2003 Concrete Improvement Program for curb
and sidewalk replacement, and a change order be issued
to contract with Schroeder & Schroeder, Inc., 7306
Central Park, Skokie, IL 60076 (approved by the City
Council on May 5, 2003 in the amount of $325, 000),
resulting in a total contract amount of $485, 000/MFT
Funds, Section 03-00000-06 GM. Upon roll call, the vote
was:
AYES: 5-Murphy, Sayad, Becker, Argus, Arredia
NAYS: 3-Christiansen, Brookman, Smith
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Sayad, seconded by Becker, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:03 p.m.
Donna McAllister, MMC -CITY CLERK
APPROVED BY ME THIS _c;?J~~~~~
DAY OF
An tho