10-06-2003016
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, OCTOBER 6, 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, October 6, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
Also present were: City Manager Niemeyer, Assistant City Manager-EDC
Director Schneider, Director of Finance Egeberg, Acting Police Chief
Prandini, Fire Chief Farinella, Director of Engineering Oakley, Assistant
Director of Public Works Bernar, Assistant City Attorney Bartel and City
Attorney Wiltse.
PRAYER AND
PLEDGE:
PRESENTATION:
CITIZEN
PARTICIPA. :
CONSENT
AGENDA:
The opening prayer was given by Father John P. Smyth,
Maryville Academy, followed by the Pledge of Allegiance.
Mayor Arredia presented Certificates of Appreciation to
Nichole Rofus and Fonda Held, students at Maine West High
School and members of the Des Plaines Youth Commission,
for their outstanding participation in the Youth
Empowerment presentation at the recent Illinois Municipal
League Conference.
Mr. Douglas Bryan Bean, 726 Howard Avenue, addressed the
City Council stating that the Des Plaines Theater, 1 47 6
Miner Street, has been voted to the National Register o f
Historic Places; now the City Council has the opportunity
to do the same; he thanked Mayor Arredia for his kind
words at a recent rally, but words are not enough; the
City can save this theater; you must act to protect this
building; the City should pass local landmark status for
this building; it would breathe economic life into the
downtown.
Mrs. Dolores Vels, 1019 E. Wicke Avenue, addressed t he
City Council stating that as a member of Des Plaines
Citizens for Responsible Development, please reconsider
the Riviera project; we are not opposed to the project,
just the height; it would be 134' high and then you must
add another 10' for mechanics; it is not just her Ward
that is opposed to this; she has spoken to residents in
other Wards and they are opposed to it too; some of the
aldermen have not even surveyed their Ward to find out
how the people feel; also, Donna Kassens and her husband
are not moving; they are staying in Des Plaines.
City Clerk McAllister requested that Items 6 and 6a be
removed from the Consent Agenda; and Alderman Brookman
requested that Items S and Sa be removed.
Moved by Sayad, seconded by Becker, to establish a
Consent Agenda except for Items 6, 6a, S and Sa. Motion
declared carried.
Moved by Sayad, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: S-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Minutes were approved; Staff
CON. AGENDA
(Cont'd. )
MINUTES:
Consent
Agenda
2003 TIF
REVENUE NOTE/
WALGREENS
PROJECT:
Consent
Agenda
Ordinance
M-62-03
LIQ. LIC./
1575-lW
ELLINWOOD
(CLASS A) :
Consent
Agenda
Ordinance
M-63-03
LICENSE
AGREEMENT/
712
MADELYN DR.:
Consent
Agenda
Ordinance
M-64-03
AUCTION OF
PUB. PROP./
555 & 575
LEE ST.:
Consent
Agenda
Ordinance
M-65-03
PAGE TWO
017
10/6 /03
recommendations and requests were approved; Ordinance T-
12-03 was adopted; Ordinances M-62-03, M-63-03, M-64-03,
M-65-03 and Z-30-03 were placed on First Reading; and
Resolutions R-103-03, R-104-03 and R-105-03 were adopted.
Moved by Sayad, seconded by Beauvais, to approve minutes
of the regular meeting of the City Council held September
15, 2 003, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City be authorized to issue
$471,000 in a Limited Obligation Tax Increment Revenue
Note, Series 2003, for TIF eligible Redevelopment Project
Costs for the downtown TIF #1 -Walgreens Project (thi s
is TIF money being allocated to a TIF project) ; and
further recommend to place on First Reading Ordinance M-
62-03, AN ORDINANCE AUTHORIZING THE ISSUANCE OF A LIMITED
OBLIGATION TAX INCREMENT REVENUE NOTE (DOWNTOWN TIF -
WALGREENS PROJECT) SERIES 2003 OF THE CITY OF DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 4-4-5 of the City Code
to add one (1) new Class A Tavern Liquors Dealers License
for property located at 1575-lW Ellinwood Street, d/b/a
Chiava; contingent upon verification of fingerprints; and
further recommend to place on First Reading Ordinance M-
63-03, 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 CHIAVA
BARLOUNGE, INC. D/B/A CHIAVA BARLOUNGE, LOCATED AT 1575-
lW ELLINWOOD STREET, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request to permit
installation of brick paver driveway apron in the City-
owned right of way adjacent to property located at 712
Madelyn Drive; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-64-03,
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 DOUGLAS J.
HOFBAUER, 712 MADELYN DRIVE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize public "estate" auction
for surplus public personal property within 555 Lee
Street and 575 Lee Street, consisting of windows, doors,
bricks, pedestals, railings, pews, wood paneling and
other miscellaneous materials, which are no longer
necessary or useful to or for the best interest of the
City; designate Pace Auction, 7 94 Lee Street, as the
auction house at a compensation rate of 15% of the total
proceeds collected; all proceeds be donated to the Des
Plaines Historical Society; and further recommend to
place on First Reading Ordinance M-65-03, AN ORDINANCE
AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERT Y
AND INTERESTS IN REAL PROPERTY IN ACCORDANCE WITH CITY
CODE SECTION 1-12-4 AND SECTION 1-12-5. Motion declared
carried as approved unanimously under Consent Agenda.
ZONING CASE
03-50-A
MAP AMEND./
365
GRACELAND:
Ordinance
Z-29-03
ZONING CASE
03-51-A
MAP AMEND./
1300 TOUHY:
Consent
Agenda
Ordinance
Z-30-03
IEPA ASSIST./
ENVIRONMENTAL
CONDITIONS,
VAR. SITES:
Resolution
R-102-03
PAGE THREE
018
10/6/03
Mr. John Burke, 1351 Evergreen Avenue, addressed the City
Council stating that the project planned for 365
Graceland Avenue is way too big for this site; residents
on Evergreen Avenue were never informed about the meeting
that was held with the developer; they are concerned
about the high density that is coming into their area;
they are a close-knit area who take pride in their
neighborhood; they are opposed to this project; it would
be totally out of character; it would be a hardship;
please consider our concerns; we encourage quality not
just quantity.
Alderman Brookman stated that this is a good project
overall; it is unfortunate that all the neighbors were
not notified of the meeting with the developers.
Alderman Beauvais stated that she did attend the
developers' meeting; she did not know that the residents
on Evergreen Avenue were not notified; this is a rezoning
to conform with the zoning in this area.
Moved by Becker, seconded by Brookman, to concur with Des
Plaines Plan Commission, re Zoning Case 03-50-A, to grant
request for Map Amendment to rezone property located at
365 Graceland Avenue from R-3 Townhouse Residential
District to R-4 Central Core Residential District;
contingent upon petitioner securing a permit and begin
building within one (1) year of passage of this ordinance
or the zoning classification will revert back to R-3
Townhouse Residential District; petitioner must apply for
and secure a permit for every new exterior sign; and
further recommend to place on First Reading Ordinance z-
29-03, AN ORDINANCE GRANTING A REQUEST FOR A MAP
AMENDMENT FROM R-3 TOWNHOUSE RESIDENTIAL TO R-4 CENTRAL
CORE RESIDENTIAL LOCATED AT 365 GRACELAND AVENUE (Case
03-50-A). Motion declared carried.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Plan Commission, re Zoning
Case 03-51-A, to grant request for Map Amendment to
rezone property located at 1300 E. Touhy Avenue from C-2
Limited Office Commercial District to M-3 Special
Manufacturing District; contingent upon petitioner making
substantial progress toward establishing itself on the
site within one (1) year of passage of this ordinance or
the zoning classification will revert back to C-2 Limited
Office Commercial District; petitioner must apply for and
secure a permit for all new exterior lighting; petitioner
must apply for and secure a permit for all new exterior
signs; and further recommend to place on First Reading
Ordinance Z-30-03, AN ORDINANCE GRANTING A REQUEST FOR
A MAP AMENDMENT FROM C-2 LIMITED OFFICE COMMERCIAL TO M-3
SPECIAL MANUFACTURING LOCATED AT 1300 EAST TOUHY AVENUE
(Case 03-51-A) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation that City request the assistance and
participation of the Illinois Environmental Protection
Agency in identifying environmental conditions on various
properties throughout the City to promote the
redevelopment of abandoned and/ or underutilized lands
within the City; Mayor, or his designee, be authorized
to execute any necessary documents; and further recommend
to adopt Resolution R-102-03, A RESOLUTION REQUESTING THE
ASSISTANCE AND PARTICIPATION OF THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY IN IDENTIFYING
ENVIRONMENTAL CONDITIONS ON CERTAIN PROPERTIES IN THE
CITY OF DES PLAINES. 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.
CONSTRUCTION
OBSERVATION
AGREEMENT/
SOUND WALL
TIF #6:
Consent
Agenda
Resolution
R-103-03
LOCAL LAW
ENFORCEMENT
BLOCK GRANT/
POLICE DEPT . :
Consent
Agenda
Resolution
R-104-03
PURCHASE OF
WATER METERS
(STANDARD) :
Consent
Agenda
Resolution
R-105-03
PATIO
VARIATION/
3062
STILLWELL:
Consent
Agenda
PATIO
VARIATION/
1375
VAN BUREN:
Consent
Agenda
PAGE FOUR
019
10/6/03
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute "Construction Observation Services
Agreement" with Christopher B. Burke Engineering, Ltd.,
9575 W. Higgins Road, Suite 600, Rosemont, IL 60018, to
provide construction observation services for the sound
wall along the Canadian National Railroad Tracks,
Mannheim/Higgins, TIF #6, at a cost not-to-exceed 7% of
the total construction contract ($620,675), or
approximately $43,500/TIF #6 Budgeted Funds; and further
recommend to adopt Resolution R-103-03, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
CHRISTOPHER B. BURKE ENGINEERING, LTD. AND THE CITY OF
DES PLAINES FOR CONSTRUCTION OBSERVATION SERVICES RELATED
TO THE MANNHEIM/HIGGINS TIF #6 SOUNDWALL. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that Police Department be authorized
to apply for Local Law Enforcement Block Grant Program
funds through the U.S. Department of Justice, Bureau of
Justice Assistance, in the amount of $17,610 to
underwrite projects to reduce crime and improve public
safety, contingent upon City providing $1, 7 61 in matching
funds/2004 Budget; Mayor, or his designee, be authorized
to execute necessary documents; and further recommend to
adopt Resolution R-104-03, A RESOLUTION AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE UNITED STATES
DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE FOR
GRANT FUNDING AVAILABLE UNDER THE "LOCAL LAW ENFORCEMENT
BLOCK GRANTS PROGRAM," AUTHORIZING THE MAYOR TO EXECUTE
SUCH DOCUMENTS AS ARE NECESSARY TO ACCEPT SUCH GRANT
FUNDING, AND AUTHORIZING THE CITY TO PROVIDE MATCHING
FUNDS FOR SAID GRANT. Motion declared carried as
approved unanimously under Consent. Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize purchase of water
meters from Badger Meters, Inc., 4545 W. Brown Deer Road,
Milwaukee, WI 53225, on an "as needed" basis throughout
the year at a cost not-to-exceed $77,000/Budgeted Funds;
and it would be in the best interest of the City that
usual bid procedures be waived because Badger Meters,
Inc. has provided meters to the City since 1977 and
approximately 95% of the City meters are Badger (these
are "standard" meters; radio transmitting meters were
purchased in June, 2003); and further recommend to adopt
Resolution R-105-03, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES TO WAIVE PURCHASING POLICIES AND
GUIDELINES TO PURCHASE WATER METERS AND REPAIR PARTS FROM
BADGER METERS, INC. FOR THE CITY OF DES PLAINES. 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 3062 Stillwell Ori ve, to permit
construction of a 13' x 10' patio in the rear yard
beginning 25' 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.
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 1375 Van Buren Street, to permit 17'
x 35' patio in the rear yard (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, and pay
VAN BUREN
(Cont'd.)
CONTRACT
EXTENSION/
2003 HOLIDAY
DECORATIONS:
Consent
Agenda
CONSTRUCTION/
NOISE BARRIER
GRECO AVENUE
TIF #6:
Consent
Agenda
REJECT BIDS/
ADVERTISE FOR
BIDS/PAINTING
AT STA. #3:
Consent
Agenda
REJECT BIDS/
ADVERTISE FOR
BIDS/
HUMIDIFIERS
AT STA. #3:
Consent
Agenda
APPOINTMENT:
Consent
Agenda
ORDINANCE
T-12-03
PARKING
RESTRICTION/
EVERETT AVE . :
Consent
Agenda
ORDINANCE
M-62-03
2003 TIF
REV. NOTE/
WALGREENS:
ORDINANCE
M-63-03
LIQ. LIC./
1575-lW
ELLINWOOD
(CLASS A) :
PAGE FIVE
020
10/6/03
a double permit fee ($150) for building without a permit.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to approve one (1) year extension
of three (3) year contract with Four Seasons Display,
Inc., 1510 Morgan Trail, McHenry, IL 60050 (original bid
approved by the City Council on July 10, 2000), for 2003
Holiday Decorations in the amount of $22,684 (2002
prices) /Budgeted Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from Herlihy Mid-
Continent Company, 1306 Marquette Drive, Romeoville, IL
60446, for construction of a noise barrier (sound wall),
along East Railroad Street/Greco Avenue (west side)
within Mannheim/Higgins Roads TIF # 6, in the total amount
of $620,675/TIF Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize City to reject all bids
scheduled to be returned on October 3, 2003, for Painting
of the Apparatus Bay, Ceiling and Walls at Fire Station
#3, 130 E. Thacker Street, because of a flaw in the
specifications, and City Clerk be authorized to advertise
for new bids, returnable by 3:00 p.m., Wednesday, October
22, 2003. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize City to reject all bids
scheduled to be returned on October 3, 2003, for
Installation of Two (2) Steam Generated Humidifiers at
Fire Station #3, 130 E. Thacker Street, because of a flaw
in the specifications, and City Clerk be authorized to
advertise for new bids, returnable by 3:00 p.m.,
Wednesday, October 22, 2003. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve Mayoral
appointment to the KEEP DES PLAINES BEAUTIFUL COMMISSION
of Susan L. Pekoe, term to expire June 1, 2004. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
T-12-03, 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 Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-62-03, AN ORDINANCE
AUTHORIZING THE ISSUANCE OF A LIMITED OBLIGATION TAX
INCREMENT REVENUE NOTE (DOWNTOWN TIF -WALGREENS PROJECT)
SERIES 2003, OF THE CITY OF DES PLAINES, ILLINOIS. Upon
roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Argus, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-63-03, 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 CHIAVA BARLOUNGE, INC. D/B/A
CHIAVA BARLOUNGE, LOCATED AT 1575-lW ELLINWOOD STREE~~
DES PLAINES, ILLINOIS. Upon roll call, the vote was: \I'
M-63-03
(Cont'd.)
ORDINANCE
M-64-03
LICENSE
AGREEMENT/
712
MADELYN:
ORDINANCE
M-65-03
AUCTION OF
PUB. PROP./
555 & 575
LEE ST.:
ORDINANCE
Z-30-03
MAP AMEND./
1300 E.
TOUHY AVE.:
APPOINTMENTS:
WARRANT
REGISTER:
PAGE SIX
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
021
10/6/03
Moved by Smith, seconded by Argus, to advance to Second
Reading and adopt Ordinance M-64-03, 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 DOUGLAS J. HOFBAUER, 712
MADELYN DRIVE, DES PLAINES, ILLINOIS.
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-65-03, AN ORDINANCE
AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY
AND INTERESTS IN REAL PROPERTY IN ACCORDANCE WITH CITY
CODE SECTION 1-12-4 AND SECTION 1-12-5. Upon roll call,
the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-30-03, AN ORDINANCE
GRANTING A REQUEST FOR A MAP AMENDMENT FROM C-2 LIMITED
OFFICE COMMERCIAL TO M-3 SPECIAL MANUFACTURING LOCATED
AT 1300 EAST TOUHY AVENUE (Case 03-51-A) . 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.
Presented for consideration (no action required) were the
following Mayoral appointments:
YOUTH COMMISSION
Jaclyn Unzicker (replacing Mary Ellicson)
CIVIL SERVICE COMMISSION
James N. Koss (replacing Eugene Fregetto)
KEEP DES PLAINES BEAUTIFUL COMMISSION
Ramesh S. Patel (replacing June Grant)
HUMAN SERVICES ADVISORY COMMISSION
Anne Feely (replacing John Monical)
(final action on this matter under Consent Agenda on
October 20, 2003)
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 October 6, 2003 -Warrant
Register, in the total amount of $4,754,185.57; and
further recommend that Resolution R-106-03 be adopted
at appropriate time this evening. Motion declared
carried. Alderman Christiansen abstained from voting on
Warrant #64393 in the amount of $50 (conflict of
interest) .
LIQ. LIC./
1575-lW
ELLINWOOD
(CLASS J) :
PROPOSED
ARCHITECTURAL
DESIGN
GUIDELINES:
ZONING CASE
02-79-A
MAP AMEND./
1601, 1603 &
1609 HILLS:
PAGE SEVEN
LEGAL & LICENSING -Alderman Smith, Chair
022
10/6/03
Petitioner Tony Ferrazzuolo was sworn in by City Clerk
McAllister and gave testimony before the Committee of the
Whole.
Moved by Becker, seconded by Brookman, to recommend to
the City Council to approve request for a Class J Special
Four A.M. Liquor License for property located at 1575-lW
Ellinwood Street, d/b/a Chiava Barlounge; contingent upon
verification of fingerprints; and City Attorney be
authorized to draft necessary ordinance. Motion declared
carried. Alderman Smith voted no. (a Class A Tavern
Liquors Dealers License was also approved for this
location earlier in the meeting)
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Assistant City Manager-EDC Director Schneider introduced
John LaMotte and Laurie Marston from The Lakota Group,
Inc., who were hired to evaluate and suggest some
architectural design guidelines throughout the City;
input was received from the City Council as well as all
commission and board members; once approved, these
guidelines will serve as a "roadmap" for the
Architectural Commission to standardize many features and
geographic areas within the City.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation and recommend to the City Council to
accept the proposed Architectural Design Guidelines; and
City Attorney be authorized to draft all necessary
ordinances/resolutions/supplemental documents to
implement these guidelines. Motion declared carried.
Assistant City Manager-EDC Director Schneider reviewed
Zoning Case 02-79-A, which was postponed on February 18,
2003, June 2, 2003 and June 16, 2003 to give the two (2)
property owners time to meet to form a joint-venture to
develop the property at 1601, 1603 and 1609 Hills Avenue,
which will make the corner more marketable and easier to
develop; there is resident opposition to this project ,
however, the Des Plaines Plan Commission made a favorable
recommendation; Staff now needs direction.
A general discussion was held about the site plan and the
types of businesses that would be located there.
Alderman Becker stated that what is before the Committee
of the Whole is the rezoning; there are no site plans at
this point; the petitioners don't want to invest money
in site plans if they aren't sure the property will be
rezoned.
Alderman Brookman stated that the City should look at the
entire corner; we should wait for the environmental
study; the lot sizes should also be looked at.
Mrs. Maritza Starszak, 1590 Hills Avenue, addressed the
Committee of the Whole stating that she lives right
across the street from this site; she has four ( 4)
children and is worried about their safety; she was told
when she bought her house that there would be homes
there; the whole street is homes; she thought this would
be a neighborhood; she would never have bought this house
if she had known that homes would not be there.
Mr. Dan Gasper, 1619 Hills Avenue, addressed the
Committee of the whole stating that he lives right next
to this site; he has lived there over 30 years; he is
afraid of how this will affect the value of his property;
who are you rushing into changing this to commercial
without looking at this more carefully. ~
HILLS AVE.
(Cont'd.)
PAGE EIGHT
023
10/6/03
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that he has waited a long
time for a change to this area; we want development; here
it is; we have a chance now.
Attorney Sam LaSusa, 200 Russell Street, Barrington, IL
60010, representing the petitioners, Lipp Trust/
Pontarelli & Company and Mr. Louis Bosco, addressed the
Committee of the Whole and answered questions from the
aldermen; the two parties have agreed on all aspects of
this joint-venture but they can only go so far on this
project until they know that they have the rezoning; this
will be a class operation; he urged the aldermen to look
to the future.
Both Aldermen Smith and Argus stated that it makes sense
to rezone this property.
Alderman Beauvais stated that this property is a mess;
it has not been cleaned up for years and years; the
buildings need to come down; she doesn't have enough
information to vote on this tonight.
Mr. LaSusa stated that the only issue tonight is the
rezoning not the condition of the property; they are
going to put up a quality project.
Alderman Brookman stated that everyone agrees that this
site should be redeveloped but once the rezoning is
granted, it is granted; we should wait to see what the
environmental study shows; she is against voting on this
project tonight.
Moved by Brookman, seconded by Beauvais, to recommend to
the City Council that request for rezoning property
located at 1601, 1603 and 1609 Hills Avenue from R-1
Single-Family Residential District to C-3 General
Commercial District be TABLED for further review.
Moved by Becker, seconded by Sayad, to adopt a SUBSTITUTE
MOTION to concur with recommendation of Des Plaines Plan
Commission and Staff, and recommend to the City Council,
re Zoning Case 02-79-A, to grant request to rezone
property located at 1601, 1603 and 1609 Hills Avenue from
R-1 Single-Family Residential District to C-3 General
Commercial District; contingent upon:
--construction of the proposed retail use must begin
within one ( 1) year of City Council approval or the
zoning classification will revert to R-1 Single-Family
Residential District;
--petitioners must submit a fully dimensioned and
detailed site plan and separate landscape plan for Staff
review, comment and approval, before applying for a
building permit;
--no access to Hills Avenue;
--landscape buffer shall be constructed along the entire
Hills Avenue frontage consisting of a 6-8' high opaque
wall built of face brick and/or other approved materials,
and wall shall be set back 5-10' from the petitioners'
property line along Hills Avenue and contain trees,
shrubs and grass and/or plant ground cover;
City Attorney be authorized to draft necessary ordinance;
and further recommend that Staff be authorized to review
the status of the partnership arrangement, whether new
zoning restriction can be transferred to another party,
whether the petitioner can be required to come back to
the City Council with the site plans; and report back to
the City Council. Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
ORDINANCE
M-66-03
AMENDMENT/
BUS. REGULA.
CERTIFICATE:
WARRANT
REGISTER:
Resolution
R-106-03
LIQ. LIC./
1575-lW
ELLINWOOD
(CLASS J) :
ZONING CASE
02-79-A
MAP AMEND./
1601, 1603 &
1609 HILLS:
ARCHITECTURAL
DESIGN
GUIDELINES:
CORRECTED
ORDINANCE
A-2-03
ANNEXATION/
55, 65 & 75
SOUTH EAST
RIVER ROAD:
PAGE NINE
024
10/6/03
Moved by Sayad, seconded by Murphy, to place on First
Reading Ordinance M-66-03, AN ORDINANCE AMENDING TITLE
4, "BUSINESS REGULATIONS" CHAPTER 1, "GENERAL LICENSE
REGULATIONS" OF THE DES PLAINES CITY CODE. Motion
declared carried. Alderman Brookman voted no.
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-106-03, 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:
$4,754,185.57. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole to approve
request for a Class J Special Four A.M. Liquor License
for property located at 1575-lW Ellinwood Street, d/b/a
Chiava Barlounge; contingent upon verification of
fingerprints; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried. Alderman
Smith voted no. (further action on this matter under
Unfinished Business on October 20, 2003) (a Class A
Tavern Liquors Dealers License was also approved for this
location earlier in the meeting)
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning Case
02-79-A, to grant request to rezone property located at
1601, 1603 and 1609 Hills Avenue from R-1 Single-Family
Residential District to C-3 General Commercial District;
contingent upon:
--construction of the proposed retail use must begin
within one ( 1) year of City Council approval or the
zoning classification will revert back to R-1 Single-
Family Residential District;
--petitioners must submit a fully dimensioned and
detailed site plan and separate landscape plan for Staff
review, comment and approval, before applying for a
building permit;
--no access to Hills Avenue;
--landscape buffer shall be constructed along the entire
Hills Avenue frontage consisting of a 6-8' high opaque
wall built of face brick and/or other approved materials,
and wall shall be set back 5-10' from the petitioners'
property line along Hills Avenue and contain trees,
shrubs and grass and/or plant ground cover;
City Attorney be authorized to draft necessary ordinance;
and further recommend that Staff be authorized to review
the status of the partnership arrangement, whether new
zoning restriction can be transferred to another party,
whether the petitioner can be required to come back to
the City Council with the site plans; and report back to
the City Council. Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole to accept the
proposed Architectural Design Guidelines; and City
Attorney be authorized to draft all necessary
ordinances/resolutions/supplemental documents t o
implement these guidelines. Motion declared carri ed.
Moved by Murphy, seconded by Smith, to approve amendment
to Ordinance Z-2-03, adopted by the City Council on May
5, 2003, to correct the legal description to match that
contained in the Plat of Annexation for 55, 65 and 75
South East River Road, as requested by the Cook County
Recorder's Office; and further recommend to place on
First Reading Ordinance Z-2-03 -AS AMENDED AND CORRECTED
NUNC PRO TUNC TO MAY 5, 2003. Motion declared carrie~
-===========================--------------------------=======-==
A-2-03
(Cont'd.)
CODIFYING
TERM LIMITS/
ELECTED
OFFICIALS:
Ordinance
M-67-03
ADJOURNMENT:
PAGE TEN
025
10/6/03
Moved by Smith, seconded by Becker, to advance to Second
Reading and adopt Ordinance A-2-02 -AS AMENDED AND
CORRECTED NUNC PRO TUNC TO MAY 5, 2003/AN ORDINANCE
ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS, PROPERTY COMMONLY KNOWN AS 55 SOUTH
EAST RIVER ROAD, 65 SOUTH EAST RIVER ROAD, AND 75 SOUTH
EAST RIVER ROAD, DES PLAINES, ILLINOIS. Upon roll call,
the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Brookman, seconded by Smith, to amend Title 1,
Chapter 7 -"City Officials," Section 1-7-2 -"Term of
Off ice" of the City Code to add "Effective upon the
passage of the referendum on November 3, 1998, the number
of terms of office of each elected official is limited
to no more than two (2) consecutive four (4) year terms;"
and further recommend to place on First Reading Ordinance
M-67-03. Motion declared carried.
Moved by Becker, seconded by Brookman, to advance to
Second Reading and adopt Ordinance M-67-03, AN ORDINANCE
AMENDING TITLE 1, "ADMINISTRATIVE" CHAPTER 7, "CITY
OFFICIALS" OF THE DES PLAINES CITY CODE. Upon roll call,
the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Sayad, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:36 p.m.
CITY CLERK
APPROVED BY ME THIS
DAY OF o~ ' 2003
Ant~redia, ~MAYOR