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08-18-2003287 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 18, 2003 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 18, 2003. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais and Brookman were absent. Alderman Beauvais arrived in Executive Session at 6:32 p.m. Also present were: City Manager Niemeyer, Assistant City Manager Schneider, Director of Finance Egeberg, Acting Police Chief Prandini, Deputy Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Duskett, 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 setting price or lease of City property and acquisition of real property. 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 Beauvais, Argus. indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, The opening prayer was given by Reverend Steve Hjelle, Evangelical Free Church of Des Plaines, followed by the Pledge of Allegiance. Mayor Arredia introduced State Representative Rosemary Mulligan (R-65) who announced that a check has been sent to the City of Des Plaines in the amount of $300,000 from Illinois First Grant Funds to assist in planning for the new police station. Representatives of the American Legion, Nick Pistolis and Steven Schaefer were introduced and presented plaques to Community Service Officer Tex Bullock and Police Sergeant Matthew Hicks, who were selected as finalists for Officer of the Year by the American Legion. Deputy Fire Chief Heavey and Battalion Commander Zern presented an Award of Valor to Shane Costello, Ryan Setmeyer, Bill Graney, Rob Bondiman and Katrina Idec, who are lifeguards at the Des Plaines Park District's Mystic Waters and, on July 12, 2003, assisted in saving the life of a five (5)-year old Des Plaines resident. Acting Police Chief Prandini presented a Citizen Valor Award to off-duty Libertyville, Illinois fireman, Thomas McDermott, who assisted in the rescue of five (5) people from a burning home at 726 S. Wolf Road on July 2, 2003. ACQUISITION OF REAL PROPERTY/ NEW POLICE STATION: CITIZEN PART I CI PA. : CONSENT AGENDA: MINUTES: Consent Agenda PAGE TWO 288 8/18/03 Moved by Becker, seconded by Sayad, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding the site for a new police station. Motion declared carried. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he has noticed that when he goes to the Library to read the magazines and newspapers, pages are missing; this makes him angry; this material is there for everyone to use; they are defaming public property; there is a copy machine on every floor if they want the article; please think of other people. Mr. Michael Mickelsen, Des Plaines Citizens f or Responsible Development, P.O. Box 2760, Des Plai nes , addressed the City Council stating that they now have a petition on their web site to vote no on the new fire facility at Lee Street and Prospect Avenue; they also have another petition against the highrise on Oakton Street; people can log on and vote; the petitioner says he cares about his neighbors, but he doesn't shovel his sidewalks. Mr. Ken Marek, 324 Alles Street, addressed the City Council stating he doesn't think it was right that the City Council approved the repairs on his neighbor's home; this will cause flooding in his home; he can now see water in the drain in his basement. Mrs. Dolores Vels, Des Plaines Citizens for Responsible Development, addressed the City Council thanking Aldermen Beauvais, Becker and Smith for meeting with them about the Riviera project; she commends them. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that he can't help but see the similarities between the City and families; we all are struggling with money; you have to look at your budget; what services you will fund and what you will have to cut; you are looking at some good sources of revenue such as the vehicle stickers and business licenses; thank you for doing that; raising the vehicle stickers even for senior citizens would be a way to get revenue and it would be fair to everyone. Alderman Murphy and a citizen requested that Items 2 and 2a be removed from the Consent Agenda; Alderman Beauvai s requested that Items 3 and 3a be removed; and Alderman Murphy requested that Item 5 also be removed. Moved by Becker, seconded Consent Agenda except for Motion declared carried. by Sayad, to establish a Items 2, 2a, 3, 3a and 5. Moved by Sayad, seconded by Argus, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; and Ordinances M-45-03, M-47-03, M-48-03 and M-50-03 were adopted. Moved by Sayad, seconded by Argus, to approve minutes of the regular meeting of the City Council held August 4, 2003, as published. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 03-40-V VARIATION/ 320 TOUHY: Ordinance Z-27-03 PUBLIC IMPROVEMENTS/ WOLFGANG'S RESUBDIV. 1221 GOLF: Resolution R-93-03 LIQ. LIC./ 2104 MINER: Consent Agenda DEMOLITION PERMIT FEES/ 1900 E. ALGONQUIN: ORDINANCE M-45-03 2003B BOND ISSUE: Consent Agenda PAGE THREE 289 8/18/03 Motion by Alderman Murphy that discussion on Zoning Case 03-40-V be postponed until September 2, 2003, DIED FOR LACK OF A SECOND. Moved by Becker, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 03-40-V, to grant request for a Variation to permit construction of a manufacturing building silo with a height of 74' and a conveyor height of 90' instead of the permitted 4 0', contingent upon petitioner agreeing to construct an 8' solid wood fence along the west and north boundaries on property located at 320 W. Touhy Avenue in M-2 General Manufacturing District; and further recommend to place on First Reading Ordinance Z-27-03. Attorney Ronald S. Cope, 135 S. LaSalle Street, Suite 4100, Chicago, IL 60603, representing the Touhy Mobile Homes Park, addressed the City Council stating that this project would be immediately adj a cent to the Park and the people that live there; an asphalt plant is not appropriate there; they were not aware of this project; this should be sent back to the Zoning Board for a hearing with the residents in attendance so we can present evidence against this request; it would impact on the dignity of life. Moved by Smith, seconded by Murphy, to adopt a SUBSTITUTE MOTION that the matter of Zoning Case 03-40-V, 320 W. Touhy Avenue, be referred back to the Des Plaines Zoning Board of Appeals for further review and report back to the City Council. Motion declared carried. Aldermen Sayad and Becker voted no. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to accept Public Improvements that include sanitary sewers, storm sewers, water services and public sidewalks for Wolfgang's Resubdivision, 1221 Golf Road; authorize release of public improvement surety in the amount of $184,088.25 and cash guarantee (tree bond) in the amount of $900 (cash warranty in the amount of $20, 454. 25 will be held for 18 months; and further recommend to adopt Resolution R-93-03, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR WOLFGANG'S RESUBDIVISION LOCATED AT 1221 GOLF ROAD, DES PLAINES, ILLINOIS. Motion declared carried. Aldermen Beauvais abstained (conflict of interest). Moved by Sayad, seconded by Argus, to concur with Staff recommendation to grant request for Change of Ownership of Class B Bulk Sales Dealers Liquor License for property located at 2104 Miner Street, d/b/a A-1 Liquor and Cigarette Outlet; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Christiansen, to concur with Mayoral recommendation that all permit fees be waived for the demolition of three (3) abandoned buildings on the United Methodist Campground, 1900 E. Algonquin Road. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Sayad, seconded by Argus, to adopt 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. ORDINANCE M-47-03 LIQ. LIC./ 1078-84 LEE: Consent Agenda ORDINANCE M-48-03 LIQ. LIC./ 769 HOLIDAY: Consent Agenda ORDINANCE M-50-03 LIC. AGREE./ 835 WARRINGTON: Consent Agenda APPOINTMENTS: WARRANT REGISTER: ZONING CASE 03-36-CU CONDIT. USE/ 1670 S. D.P. RIVER ROAD: PAGE FOUR 290 8/18/03 Moved by Sayad, seconded by Argus, to adopt 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 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 Argus, to adopt 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 Argus, to adopt 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 Christiansen, seconded by Sayad, to waive the two (2)-week waiting period and approve the following Mayoral appointments: CIVIL SERVICE COMMISSION Ellen A. Yearwood (replacing Charles Van Hyning) term to expire April 30, 2004 LIBRARY BOARD Jerry Mahony (replacing Ellen Yearwood) term to expire June 30, 2005 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 Murphy, seconded by Becker, to recommend to the City Council approval of the August 18, 2003 -Warrant Register, in the total amount of $4,888,644.08; and further recommend that Resolution R-94-03 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker stated that this was a request to permit the operation of a Class B (fast food) restaurant in a C-3 General Commercial District on property located at 1670 S. Des Plaines River Road. Zoning Administrator Schneider stated that the Des Plaines Zoning Board of Appeals voted 4-3 to recommend in favor of granting the conditional use with eight (8) conditions. Architect Robin Whitehurst, 900 N. Franklin, #604, Chicago, IL 60610, representing the petitioner, addressed the Committee of the Whole and answered questions from the aldermen. A general discussion followed on traffic problems, parking and safety issues. Alderman Sayad stated that he is opposed to this after going out there three (3) different times. ~ RIVER ROAD (Cont'd. ) FEASIBILITY STUDY/ D.P. THEATER 1476 MINER: PAGE FIVE 291 8/18/03 Alderman Beauvais stated that she would not approve anything that has an access to an alley; it is very difficult to maintain. Alderman Argus stated that she also went out to the property; she will be voting against this because of the narrow alley. Moved by Christiansen, seconded by Sayad, to recommend to the City Council to DENY request, re Zoning Case 03- 36-CU, to operate a Class B (fast food) restaurant in a C-3 General Commercial District on property located at 1670 S. Des Plaines River Road. A resident at 1890 Bennett Place addressed the Committee of the Whole stating that he has lived here 17 years; do not allow this zoning change; it doesn't improve anything to their property; it will bring down our property value; we don't need more noise, garbage, litter, exhaust. Motion declared carried. Assistant City Manager-EDC Director Schneider reviewed his memo of August 8, 2003, which includes minutes from various meetings and several Staff reports to refresh the aldermen's understanding of what has transpired over the past few years regarding this project and the possibility of a feasibility study, which could run anywhere from $25,000 to $45,000 or more. Assistant City Manager-EDC Director Schneider stated that the Staff needs direction as to what the aldermen want them to do: --should the feasibility study focus on costs of building out the building to bring it up to code and operations capacity?; or --study the structural capacity of the building in addition to an all-out business plan of operations for the operation of a theater group?; or --if approved, will this be paid by the City or will there be a cost share/reimbursement from the Des Plaines Preservation Society? Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that before a feasibility study is done, a marketing study should be done first; don't put the cart before the horse. Mr. Douglas Bryan Bean, 726 Howard Avenue, Secretary of the Des Plaines Theater Preservation Society, addressed the Committee of the Whole stating that they are looking to the City for leadership in this matter; we need a full rendering before we can make a value judgement; we have provided a preliminary business plan and budget; the City should create a feasibility master plan both physically and structurally; they have a proposal from someone who can do the study for $25,000 plus $10,000 with drawings; we will all receive the benefits from keeping this theater; they have raised $10,000 and spent $5,000. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole asking how the City can do a feasibility study on property they don't own; the bank should be doing this; they didn't ask for this to be done; the City should stay out of this. Mr. Paul Saletnik, 320 Oxford Road, Vice President of the Des Plaines Theater Preservation Society, addressed the Committee of the Whole asking the aldermen to do due diligence; this building can't be replaced; you need to do a feasibility study to see what can be done on this property; they have put together an RFP (Request for Proposals) which would probably run about $60,000; the D.P. THEATER (Cont'd. ) PAGE SIX 292 8/18/03 City should take a leadership role to determine if this can be done. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that this theater use to assist the local schools; it would cost more to supply another facility for this type of business; this is our oldest theater; it would be cheaper to keep it there. Mr. Steve Schaefer, 835 Pearson Street, addressed the Committee of the Whole stating that if we give them $25,000 the City is stuck; it would then go up to $45,000 and then $60,000; the only good thing about the theater is the outside; the inside is a mess; the Society should have raised this money. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that he would like to thank the Society for trying to save this building, but where is the money coming from?; $25,000 would be a drop in the bucket; the City has cut some services to save money; put back the sewer lateral program before you spend money on this; if the Society wants the building preserved, they should raise the money; he is totally against taxpayers paying for this. A resident at 1416 Henry Avenue addressed the Committee of the Whole stating that this theater will enrich our community; we don't want to be just a train stop on the road west; maybe the developer should do the feasibility study. Alderman Smith stated that the City should partner with this group to see if this is possible; it may work and it may not; how can we make this determination without knowing all the facts. Alderman Argus stated that our economy is bad right now; we have other projects we should look at like flooding solutions, new fire station, street repairs; there is no outcry for this in her Ward; are we prepared to spend millions of dollars to buy and operate this theater? Alderman Murphy stated that it is the City's responsibility to determine the character of our downtown; the feasibility study or retail analysis will determine the long term plan for our downtown; this study would provide the answers to most of the questions that have been asked; we need objective criteria to make our decision. Alderman Christiansen stated that he would like to exhaust all avenues before the wrecking ball comes in; he would rather spend a little money to make sure that we have all our questions answered and then we should make a decision. Alderman Beauvais stated that she has been conducting a survey in her Ward and it is running 50-50; she thinks we should invest in our community; she would definitely support funding a feasibility study. Alderman Sayad stated that he agrees that there should be a feasibility study; he just doesn't agree that the City should pay for it. Mayor Arredia stated that he recommends the City do this so we have the answers to all the questions. Moved by Beauvais, seconded by Christiansen, to recommend to the City Council that Staff be authorized to prepare an RFP and solicit proposals for a feasibility/marketing study for the Des Plaines Theater property, 1476 Miner D.P. THEATER (Cont'd. ) ORDINANCE M-51-03 MOTOR FUEL TAX: WARRANT REGISTER: Resolution R-94-03 D.P. THEATER FEASIBILITY/ MARKETING STUDY 1476 MINER: ZONING CASE 03-36-CU/ CONDIT. USE/ 1670 RIVER: SPECIAL SCHOOL USE PERMITS: Ordinance M-52-03 PAGE SEVEN 293 8/18/03 Street, in an amount not-to-exceed $60, 000/TIF Funds; which will be repaid by the Des Plaines Theater Preservation Society. Motion declared carried. Aldermen Sayad, Becker and Argus voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Becker, to adopt Ordinance M-51-03 -AS AMENDED. Moved by Murphy, seconded by Argus, to adopt a SUBSTITUTE MOTION to further amend Ordinance M-51-03 to stipulate that all monies raised by this one cent ($0.01) increase be earmarked for the backyard flooding program, and adopt Ordinance M-51-03 -AS AMENDED, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 3F, "MOTOR FUEL TAX" SECTION 2, "TAX IMPOSED." Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Argus NAYS: 2-Christiansen, Smith ABSENT: 1-Brookman Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-94-03, 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: $4,888,644.08. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Christiansen, seconded by Beauvais, to concur with recommendation of Committee of the Whole that Staff be authorized to prepare an RFP and solicit proposals for a feasibility/marketing study for the Des Plaines Theater property, 1476 Miner Street, in an amount not-to-ex ceed $60, 000/TIF Funds; which will be repaid by the Des Plaines Theater Preservation Society. Upon roll call , the vote was: AYES: 5-Beauvais, Christiansen, Murphy, Smith, Arredia NAYS: 3-Sayad, Becker, Argus ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Christiansen, to concur with recommendation of Committee of the Whole to DENY request, re Zoning Case 03-36-CU, to operate a Class B (fast food ) restaurant in a C-3 General Commercial District on property located at 1670 S. Des Plaines River Road. Motion declared carried. Moved by Becker, seconded by Sayad, to amend Title 9, Chapter 9, to ADD a new Section 9-7-1 -"PUBLIC SCHOOLS AND SCHOOL DISTRICTS" of the City Code, to permit, e n a case-by-case basis, non-conforming uses and non- conforming structures to be located on public school and public school district property as special school uses regardless of whether those uses and structures are conditional uses under the City's Zoning Code; and further recommend to place on First Reading Ordinance M- 52-03. Motion declared carried. M-52-03 (Cont'd.) SPECIAL SCHOOL USE PERMIT/ SOUTH SCHOOL 1535 EVERETT: Ordinance M-53-03 ADJOURNMENT: PAGE EIGHT 294 8 /18/03 Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-52-03, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES" TO ADD A NEW CHAPTER 7, "PUBLIC SCHOOLS AND SCHOOL DISTRICT" TO ESTABLISH SPECIAL SCHOOL USE PERMITS ON PUBLIC SCHOOL PROPERTY LOCATED IN THE DES PLAINES CORPORATE LIMirs. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Sayad, to grant request from School District #62 for a Special Use School Permit for South School, 1535 Everett Avenue, for construction of an unmanned "communications" node building approxi mately 236' x 20.5' to house telecommunications equipment owned and operated by Wide Open West cable television; permit is for a period of 20 years; and further recommend to place on First Reading Ordinance M-53-03. Motion declared carried. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-53-03, AN ORDINANCE GRANTING A SPECIAL SCHOOL USE PERMIT FOR SCHOOL DISTRICT #62 LOCATED AT SOUTH SCHOOL, 1535 EVERETT AVENUE, IN DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT; 1-Brookman Motion declared carried. Moved by Sayad, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:25 p.m. ~~ Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS i:)' ------ DAY OF ~ 2003 Anthony W. Arredia, MAYOR