10-20-2003026
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 20, 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 20, 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, Assistant Director of Engineering
Duddles, Director of Public Works Dusckett, Assistant City Attorney
Bartel and City Attorney Wiltse.
PRAYER AND
PLEDGE:
RECOGNITION:
PRESENTATION:
CITIZEN
PARTICIPA. :
The opening prayer was given by Pastor Gary Houdek, Golf
Road Baptist Church, followed by the Pledge o f
Allegiance.
Mayor Arredia and Alderman Murphy recognized Amanda
Giovanni, a resident of the Third Ward, who participated
in the Columbus Day Queen contest and was chosen to ride
on the float as a member of the Court in the Columbus Day
Parade on October 13th in Chicago.
Mayor Arredia introduced Rosemont Fire Chief Joe Rizzo
and Fire Chief Farinella presented him with a plaque of
appreciation for the Village of Rosemont's aid and
support from June 5 to October 1, 2003, during the time
that Fire Station #2 was under repair for structural
damage.
Mr. Mike Sweeney, 532 E. Leahy Circle, addressed the City
Council stating that he is here representing the Citizens
for Professional Government; they will hold a meeting on
Monday, October 27, 2003, at 7:30 p.m. at the Des Plaines
Library, regarding changing the City's form of
government; they will be holding these meetings once or
twice a month; they will have a professional from the
City Manager's Association there to answer questions;
they are looking for volunteers to help.
Mrs. Dolores Vels, 1019 E. Wicke Avenue, addressed the
City Council stating that as a member of Des Plaines
Citizens for Responsible Development they are not against
the Riviera project, just the height; other people in the
City agree and say the height will not be an asset to Des
Plaines; we were not invited to speak at a recent Ward
meeting, but Mr. Mitchell was; the Zoning Board and Staff
recommend against this project; Mr. Mitchell has not
given a clear picture of what this project will look
like.
Mrs. Donna Kassens, 1509 Webster Lane, addressed the City
Council stating that as President of the Des Plaines
Citizens for Responsible Development, she questions the
traffic study done for the Riviera project; the voters
and non-voters of Des Plaines should contact their
alderman in opposition to this project; we need your
help; people were recently upset about a proposed six
( 6) -story building; we are upset because of an even
higher building.
CITIZEN PART.
(Cont'd.)
ZONING CASE
03-40-V
VARIATION/
320 W. TOUHY:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
LIQ. LIC./
1285 s.
ELMHURST:
Consent
Agenda
Ordinance
M-68-03
LIQ. LIC./
404 OAKTON:
Consent
Agenda
Ordinance
M-69-03
PAGE TWO
027
10/20/03
Mr. Kenneth Grewe, 18 4 6 North Shore Avenue, addressed the
City Council about the list of homes on the sound
proofing list; why isn't his home on there? Alderman
Becker stated that the list comes from the City of
Chicago; they will be reviewing the list again and there
could be a change; Des Plaines does not handle this.
Dr. Madlan McKernan, 1920 Andy Lane, addressed the City
Council about the terrible traffic congestion at River
and Golf Roads, and Touhy Avenue and Mannheim Road; can't
something be done about better traffic flow? Mayor
Arredia stated that the Staff will contact IDOT about
this matter.
Mr. Gary Danfield, 655 River Road, addressed the City
Council about how dangerous it is on the train platform
where construction is being done; they should put up a
plastic fence while the work is being done, not just
yellow tape.
Moved by Becker, seconded by Sayad, to POSTPONE the
matter of Zoning Case 03-40-V for property located at 320
W. Touhy Avenue, scheduled to be discussed under
Committee of the Whole later in the meeting. Motion
declared carried.
Alderman Brookman requested that Item 9 be removed from
the Consent Agenda; and City Clerk McAllister requested
that Item 12 be removed.
Moved by Sayad, seconded by Murphy, to establish a
Consent Agenda except for Items 9 and 12. Motion
declared carried.
Moved by Brookman, 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. Minutes were approved; Staff
recommendations and requests were approved; Ordinance Z-
29-03 was adopted; Ordinances M-68-03, M-69-03, M-70-03,
M-71-03, Z-31-03 and Z-32-03 were placed on First
Reading; and Resolution R-107-03 was adopted.
Moved by Brookman, seconded by Beauvais, to approve
minutes of the regular meeting of the City Council held
October 6, 2003, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, 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 a new Class F Beer Only Liquor License for
property located at 1285 S. Elmhurst Road, d/b/a El
Galli to Taqueria Restaurant; contingent upon verification
of fingerprints; and further recommend to place on First
Reading Ordinance M-68-03, 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 F LIQUOR
LICENSE FOR JESUS AND NATIVIDAD BIVIAN D/B/A EL GALLITO
TAQUERIA RESTAURANT, LOCATED AT 1285 SOUTH ELMHURST ROAD,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, 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 a new Class I Quarterly Religious Society Liquor
License for property located at 404 W. Oakton Street,
d/b/a St. Sophia Bulgarian Orthodox Church; contingent
upon verification of fingerprints; and further recommend
to place on First Reading Ordinance M-69-03, AN ~
M-69-03
(Cont'd. )
LICENSE
AGREEMENT/
676
MIDDLETON:
Consent
Agenda
Ordinance
M-70-03
RECAPTURE
AGREEMENT/
WESTFIELD
SUBDIVISION:
Consent
Agenda
Ordinance
M-71-03
ZONING CASE
03-48-V
VARIATION/
872 W. GRANT:
Consent
Agenda
Ordinance
Z-31-03
AMENDING
ORDINANCE
Z-19-03/
1029
GRACELAND:
Consent
Agenda
Ordinance
Z-32-03
PAGE THREE
028
10/20/03
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 I LIQUOR LICENSE FOR BULGARIAN ORTHODOX CHURCH
D/B/A ST. SOPHIA, LOCATED AT 404 WEST OAKTON STREET, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation to grant request to permi t
installation of underground sprinkler system in the City-
owned right of way adjacent to property located at 67 6
Middleton Lane; Mayor and City Clerk be authorized t o
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-70-03 ,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH PROPERTY OWNER RON STILLMAKER FOR
THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM
IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 67 6 MIDDLETON
LANE, DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Recapture Agreement with Hardiman Builders,
Inc. for the one-time recovery amount of $3,679.85 for
the improvements they made to the Westfield Subdivision,
southwest corner of Westfield Lane and Mt. Prospect Road
(cost for other improvements will be recovered in the
Special Service Area #5 which covers this area) ; and
further recommend to place on First Reading Ordinance M-
71-03, AN ORDINANCE REGARDING THE CONSTRUCTION OF THE
WESTFIELD SUBDIVISION MUNICIPAL WATER MAIN EXTENSION AT
WESTFIELD LANE NEAR THE CORNERS OF MT. PROSPECT AND
ALGONQUIN ROADS, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 03-48-V, to grant request to permit
installation of a 5' high fence in the secondary front
yard instead of the permitted maximum height of 4';
contingent upon petitioner agreeing to cut the fence at
a 45-degree angle at the corner closest to the house
where the driveway adjoins the sidewalk; on property
located at 872 W. Grant Drive in R-1 Single Family
Residential District; and further recommend to place on
First Reading Ordinance Z-31-03, AN ORDINANCE AUTHORIZING
A VARIATION TO SECTIONS 8.2-1 B. AND 8.2-6 A. OF THE CITY
OF DES PLAINES ZONING ORDINANCE TO PERMIT A 5 FOOT FENCE,
INSTEAD OF THE PERMITTED 4 FOOT FENCE, AT 872 WEST GRANT
DRIVE, DES PLAINES, ILLINOIS (CASE 03-48-V) . Motio n
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation to amend Ordinance Z-19-03, adopted
by the City Council on August 4, 2003, granting a
Conditional Use for property located at 1029 S. Graceland
Avenue, to delete the condition that "Petitioner also
agrees that its agreements with Specifier Products and
Press Tech shall conform to the requirements for
collective parking agreements as specified in Section
9.3-2(B) of the Zoning Ordinance" as this condition was
never specifically directed to be in the ordinance; and
further recommend to place on First Reading Ordinance Z-
32-03, AN ORDINANCE AMENDING ORDINANCE Z-19-03 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)
BY REMOVING THE PRIVATE PARKING AGREEMENT REQUIREMENTS
IN SECTION 5 OF ORDINANCE Z-19-03. Motion declared
carried as approved unanimously under Consent Agenda.~
PUBLIC
IMPROVEMENTS/
JS & J
RESUBDIV.
PRATT AVE.:
Consent
Agenda
Resolution
R-107-03
PURCHASE/
TRAFFIC
PRE-EMPTION
STROBE SYS. :
DRIVEWAY-
PARKING PAD
VARIATION/
104 JEFFREY:
Consent
Agenda
DRIVEWAY-
PARKING PAD
VARIATION/
835 NORTHWEST
PLACE:
Consent
Agenda
USE OF CITY
PROPERTY/
OPTIMIST
CLUB OF
DES PLAINES:
PAGE FOUR
029
10/20/03
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation to accept Public Improvements that
include street pavement replacement, curb and gutter
repair and replacement, public sidewalk repair and
replacement, and parkway trees for JS & J Resubdivision,
1777 and 1783 Pratt Avenue; authorize release of public
improvement surety in the amount of $12, 776. 40 (cash
warrant in the amount of $1,419.60 to be held for 18
months); and further recommend to adopt Resolution R-107-
03, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR
JS & J RESUBDIVISION LOCATED AT 1777 AND 1783 PRATT
AVENUE, DES PLAINES. Motion declared carried as approved
unanimously under Consent Agenda.
Alderman Brookman requested that the motion include that
it would be in the best interest of the City that usual
bid procedures be waived.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to accept proposal from Havey
Communications, Inc., P.O. Box 448, Lake Forest, IL
60045, for purchase and installation of 23 Traffic Pre-
Emption Strobe Systems (Opticom) for squad cars, in the
total amount of $12,420/Customs Forfeiture Funds; and it
would be in the best interest of the City that usual bid
procedures be waived. 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 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 104 Jeffrey Lane, to permit widening
of existing 10' driveway to 16.83' to add a parking pad;
contingent upon petitioner agreeing to widen the driveway
approach to the same width as the proposed parking pad
at the property line. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, 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 835 Northwest Place, to permit
installation of a 2' brick paver border on each side of
existing driveway for a parking pad for a total width of
approximately 24' (Code permits driveways to be a maximum
of 18' wide) ; contingent upon petitioner agreeing to
widen the driveway approach to the same width as the
paver border at the property line. Motion declared
carried as approved unanimously under Consent Agenda.
Mr. Gary Danfield, 655 River Road, addressed the City
Council stating that the trailer put up by the Optimist
every year on this lot is too big; other communities do
not have such big trailers on their property.
Both Alderman Becker and Alderman Murphy took exception
to Mr. Danfield's criticism of the Optimist Club which
does so much good in Des Plaines.
Moved by Becker, seconded by Sayad, to grant request from
Optimist Club of Des Plaines to place a trailer on City's
Parking Lot #5, at River Road and Perry Street, for their
annual Christmas Tree Sales Project, November 22 to
December 31, 2003, with setup beginning approximately
October 24, 2003; insurance and clean-up to be provided
by Optimist Club of Des Plaines; and all City fees be
waived -ANNUAL REQUEST.
Moved by Murphy, seconded by Sayad, to call for the
question. Motion declared carried.
Motion declared carried on the original motion.
ADVERTISING
FOR BIDS:
Consent
Agenda
APPOINTMENTS:
Consent
Agenda
ORDINANCE
Z-29-03
MAP AMEND./
365
GRACELAND:
Consent
Agenda
ORDINANCE
M-70-03
LIC. AGREE./
676
MIDDLETON:
ORDINANCE
M-71-03
RECAPTURE
AGREEMENT/
WESTFIELD
SUBDIV.:
ORDINANCE
Z-31-03
VARIATION/
872 W. GRANT:
PAGE FIVE
030
10/20/03
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Purchase and Installation of
Fire com Intercom System for Seven ( 7) Vehicles,
returnable by 3:00 p.m., Wednesday, November 5, 2003.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Emergency Vehicle Pre-Emption
Systems, returnable by 3:00 p.m., Thursday, November 13,
2003. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to approve
Mayoral appointments as follows:
YOUTH COMMISSION
Jaclyn Unzicker, term to expire December 1, 2005
CIVIL SERVICE COMMISSION
James N. Koss, term to expire April 30, 2006
KEEP DES PLAINES BEAUTIFUL COMMISSION
Ramesh S. Patel, term to expire June 1, 2005
HUMAN SERVICES ADVISORY COMMISSION
Anne Feely, term to expire January 31, 2006
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Beauvais, to adopt
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 as approved
unanimously under Consent Agenda.
Moved by Smith, seconded by Argus, to advance to Second
Reading and adopt Ordinance M-70-03, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH PROPERTY OWNER RON STILLMAKER FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 676 MIDDLETON LANE,
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 Christiansen, seconded by Murphy, to advance to
Second Reading and adopt Ordinance M-71-03, AN ORDINANCE
REGARDING THE CONSTRUCTION OF THE WESTFIELD SUBDIVISION
MUNICIPAL WATER MAIN EXTENSION AT WESTFIELD LANE NEAR THE
CORNERS OF MT. PROSPECT AND ALGONQUIN ROADS, 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 Murphy, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-31-03, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTIONS 8.2-1 BAND 8.2-6 A.
OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A
5 FOOT FENCE INSTEAD OF THE PERMITTED 4 FOOT FENCE, AT
872 WEST GRANT DRIVE, DES PLAINES, ILLINOIS (CASE 03-48-
V). 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.
ORDINANCE
Z-32-03
AMENDING
Z-19-03/
1029
GRACELAND:
APPOINTMENT:
WARRANT
REGISTER:
ZONING CASE
03-40-V
VARIATION/
320 w.
TOUHY AVE.:
PAGE SIX
031
10/20 /0 3
Moved by Becker, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-32-02, AN ORDINANCE
AMENDING ORDINANCE Z-19-03 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) BY REMOVING
THE PRIVATE PARKING AGREEMENT REQUIREMENTS IN SECTION 5
OF ORDINANCE Z-19-03. 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) was the
appointment to the HUMAN SERVICES COMMISSION OF Tom P.
Kalayil (replacing Francis Muthu, resigned 3/25/02).
(final action on this matter under Consent Agenda on
November 3, 2003)
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 October 20, 2003 -
Warrant Register, in the total amount of $3,286,571.14;
and further recommend that Resolution R-108-03 be adopted
at appropriate time this evening. Motion declared
carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker stated that the only consideration before
the Committee of the Whole is the height variation of 74'
for a manufacturing building silo on property located at
320 W. Touhy Avenue.
Zoning Administrator Schneider stated that the Des
Plaines Zoning Board of Appeals heard this matter on July
29, 2003 and voted unanimously to recommend in favor of
the height variation; the Committee of the Whole heard
this matter on August 18, 2003 and voted to remand the
case back to the Des Plaines Zoning Board of Appeals for
further testimony and hearing due to an alleged lack of
notice by the residents of the Touhy Mobile Home Park;
the Des Plaines Zoning Board of Appeals heard this matter
again on September 9, 2003 and voted to recommend against
granting approval of the height variation.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation and recommend to the City Council, re
Zoning Case 03-40-V, to grant request for Variation to
permit a manufacturing building silo with a height of 74'
and a conveyor height of 90' instead of the permitted 40'
on property located at 320 W. Touhy Avenue in M-2 General
Manufacturing District; contingent upon the following
conditions:
1. Petitions agrees to comply with all applicable State
or Federal environmental laws and obtain necessary
permits; copies of permits will be presented to the
Department of Community Development prior to the issuance
of a building permit; and
2. Petitioner agrees to comply with provisions of
Article 12 of the Des Plaines Zoning Code; environmental
conditions as well as all City's flood zone management
requirements; and place Ordinance Z-27-03 on Fir~
Reading at appropriate time this evening. )/'
320 W. TOUHY
(Cont'd. )
PAGE SEVEN
032
10/20/0 3
Motion by Alderman Brookman to adopt a SUBSTITUTE MOTION
to recommend to the City Council, re Zoning Case 03-40-V,
to DENY request for a height variation for property
located at 320 W. Touhy Avenue, died for lack of a
second.
Alderman Argus stated that she believes that Pl ate
Construction, Inc. has been a good neighbor and a good
business in Des Plaines for many years; she would like
to see them continue here; she will be voting yes.
Alderman Brookman stated that Plate Construction has to
relocate because of the O'Hare Airport expansion for
which he will be compensated; the residents in the
trailer park next to this site will not be compensate d
for this move; the residents will be the lose rs.
Alderman Brookman cited several sections in the Zoning
Code that she says are being violated by this company.
Attorney Warren Fuller, Fuller & Berres, 69 S. Barrington
Road, South Barrington, IL 60010, representing Plate
Construction, Inc., and Mr. Greg Rohlf, an employee of
Plote Construction, Inc., addressed the Committee of the
Whole and answered questions from the aldermen.
Alderman Beauvais asked about the operation that would
be on this site and the height of the silo. Mr. Roh lf
stated that an asphalt mixing plant could be bui lt on
this site without the requested height variation,
however, it would be a "batch transfer plant" which is
not as efficient; such an operation would actually be
noisier and produce more odors since it is closer to the
ground and the newer modern equipment would not be a ble
to work in shorter silos.
Ms. Terry Nelson, 1330 Rand Road, addressed the Commi t t e e
of the Whole stating she is the president of the Illi nois
Mobile Home Owners Association, who are opposed t o this
project; this greatly impacts 2, 000 families in t h is
area; there are no positives about this project.
Mrs. Donna Kass ens, 1509 Webster Lane, addressed the
Committee of the Whole stating that as president of t he
Des Plaines Citizens for Responsible Development, she
would like to go on record that they are opposed to this
project; the height and business is not appropriate f or
this area; find another site in an industrial area; do
not put this next to a residential area.
Mr. Anthony Shock, 406 W. Touhy Avenue, Lot #3 8,
addressed the Committee of the Whole stating that t h is
business could cause a fire, which would be a serious
problem for the residents in the area.
A resident at 410 Touhy Avenue addressed the Committee
of the Whole stating that there have been violations i n
other locations by this company; we won't be aware i f
there is anything wrong until it happens.
Mr. Anthony Zenez, 451 W. Touhy Avenue, addressed the
Committee of the Whole asking why only the height can be
discussed and not the odors; how are you going to keep
the odors on the lot line?; it is going to be open 24
hours a day, how are we going to sleep?; they should put
this somewhere else; why do you have to put it right next
to homes?
Mr. Joe Badonas, 400 W. Touhy Avenue, Lot #456, addressed
the Committee of the Whole stating that he has visited
Plote Construction's site in Hillside, Illinois, and it
looks terrible; there are big bins there and mounds of
material 25' high; residents in that area have
complained.
320 W. TOUHY
(Cont'd. )
PAGE EIGHT
033
10/20/03
Ms. Diana Hoover, 402 W. Touhy Avenue, Lot #11, addressed
the Committee of the Whole asking if there will be a
guarantee that there will be no odors; we have elderly
people and children who are ill; she is on an inhaler;
we are going to be affected; if this plant blows up, are
you going to replace our homes?
Ms. Carol Love, 462 W. Touhy Avenue, Lot #56, addressed
the Committee of the Whole stating that she went to Plote
Construction's site in Huntley, Illinois; it stinks;
Huntley Village Hall has received complaints about noise
and odors.
A resident at 416 W. Touhy Avenue, Lot #115, addressed
the Committee of the Whole stating that a lot of people
have asthma; she does too; this will not help; what will
we do to block the odors?
Ms. Natasha Vivirito, 462 W. Touhy Avenue, Lot #554,
addressed the Committee of the Whole stating that the
smell is terrible there now; soot is all over their cars.
Mr. Phil Minelli, 446 W. Touhy Avenue, Lot #393,
addressed the Committee of the Whole stating that he has
lived there for 38 years; the Zoning Board has voted
against this.
Ms. Mary Zureck, 400 W. Touhy Avenue, Lot #86, addressed
the Committee of the Whole stating that she has a son who
is an asthmatic; she would like to see him reach
adulthood; she does not want this built here; the Elgin
and Hillside sites stink; 71 children have gone to the
hospital; truck traffic will be very dangerous; safety
should be number one.
Mr. Bill Flanagan, 400 W. Touhy Avenue, addressed the
Committee of the Whole, stating that he is president of
the Touhy Home Park Association; why does the zoning code
limit the height to 40'?; how could you put in a height
variation if a 40' height limit was put in to protect a
residential neighborhood?; yes, there is a water tank and
a cell tower in the area, but they do not smell.
Attorney Ronald Cope, Michael Best & Friedrich, LLC, 401
N. Michigan Avenue, Suite 1900, Chicago, IL 60611,
representing the residents of the Touhy Mobile Home Park,
addressed the Committee of the Whole stating that there
are numerous uses for this land; there is no reason to
grant this request; it will adversely affect the
surrounding area.
Attorney Cope submitted a Preliminary Environmental
Siting Evaluation for this site by DAI Environmental,
Inc., Polo Park Business Center, 27834 N. Irma Lee
Circle, Lake Forest, IL 60045, which showed a potential
for visible dust emissions, odorous emissions and noise
exceedance; there could be a liability to the City from
the negative health impact this operation might have to
the residents.
Mr. Phil Minelli, 446 W. Touhy Avenue, Lot #393, again
addressed the Committee of the Whole stating that it
isn't just the height variation that is wrong; they can
do this operation with 40'.
Mr. Joe Badonas, 400 W. Touhy Avenue, again addressed the
Committee of the Whole stating that even though we are
not in the City of Des Plaines, we border the City; we
do most of our shopping in the City; we patronize City
businesses; we are not a bunch of hillbillies.
Ms. Phyllis Senases, 462 W. Touhy Avenue, addressed the
Committee of the Whole asking what the residents can do
so this company does not move to this property; we spent
five (5) hours at the Des Plaines Zoning Board meetin~
320 W. TOUHY
(Cont'd. )
PAGE NINE
034
10/20/03
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that he has very severe
asthma; it doesn't matter how high the silos are; it is
irrelevant; it will cause problems.
Alderman Beauvais stated that if the height variation is
not granted, they can still open up this business; the
additional height will give the residents more
protection.
Alderman Christiansen stated that there is no evidence
that this company made children sick. Alderman Murphy
stated that no evidence has been presented that there i s
a heal th problem here; we do know the petitioner has
received recognition for their environmental efforts.
Alderman Murphy asked how Plote Construction will monitor
the various levels at the lot line. Mr. Rohlf stated
that they have continuous monitoring at Hillside; they
found out that they exceed what is required by the IEPA;
we do testing daily.
Alderman Sayad asked Mr. Fuller about the business and
how many sites they have. Mr. Fuller said they have four
(4) sites: Des Plaines, Hillside, Bartlett and Huntley;
they have been in Des Plaines 50 years; Hillside since
before 1960; Bartlett since 1974 and Huntley since 1996;
before 1950, their company name was Allied Asphalt.
Alderman Brookman stated that these other plants are not
near children; she can't believe that this business won't
have a negative affect on children in this area; we don 't
have enough information on the health ramifications to
vote on this tonight; she is against this request and
again cited several sections of the Des Plaines Zoning
Code that she believes are being violated.
Alderman Smith stated that he cannot vote for this based
on the looks of the project; this seems like it is not
appropriate for this area.
Alderman Argus stated that if the City grants the height
variation, it would be better for the residents and
better for the project.
Moved by Murphy, seconded by Christiansen, to adopt a
substitute motion to recommend to the City Council, re
Zoning Case 03-40-V, to grant request for Variation to
permit a manufacturing building silo with a height of 74'
and a conveyor height of 90' instead of the permitted 40'
on property located at 320 W. Touhy Avenue in M-2 General
Manufacturing District; contingent upon the followi ng
conditions from the Staff memo (October 10, 2003 ) be i ng
added to the ordinance:
1. Petitioner agrees to comply with all applicable State
or Federal environmental laws and obtain necessary
permits; copies of permits will be presented to the
Department of Community Development prior to the issuance
of a building permit;
2. Petitioner agrees to comply with provisions of
Article 12 of the Des Plaines Zoning Code; environmental
conditions as well as all City's flood zone management
requirements; and place Ordinance Z-27-93 -AS AMENDED
on First Reading at appropriate time this evening; AND
Staff be authorized to review the issue of monitoring and
enforcement of Article 12 of the Des Plaines Zoning
Ordinance and report back to the City Council.
320 W. TOUHY
(Cont'd. )
ORDINANCE
M-66-03
AMENDMENT/
BUS. REGULA.
CERTIFICATE:
ORDINANCE
M-72-03
LIQ. LIC./
1575-lW
ELLINWOOD
(CLASS J) :
BID AWARD
DEMOLITION/
1896, 1900,
1930 LEE AND
1157
PROSPECT:
PAGE TEN
035
10/20/03
Moved by Brookman, seconded by Smith, to amend the
substitute motion and recommend to the City Council, re
Zoning Case 03-40-V, that this matter be postponed for
90 days. Upon roll call, the vote was:
AYES: 2-Brookman, Smith
NAYS: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Argus
ABSENT: 0-None
Motion declared failed.
Moved by Sayad, seconded by Beauvais, to call for the
question. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Upon roll call on Alderman Murphy's motion, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Argus
NAYS: 2-Brookman, Smith
ABSENT: 0-None
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Becker, to adopt Ordinance
M-66-03, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS" CHAPTER 1, "GENERAL LICENSE REGULATIONS" OF
THE DES PLAINES CITY CODE. 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 Sayad, seconded by Argus, to place on First
Reading Ordinance M-72-03, 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 J LIQUOR
LICENSE FOR CHIAVA BARLOUNGE D/B/A CHIAVA BARLOUNGE,
LOCATED AT 1575-lW ELLINWOOD STREET, DES PLAINES,
ILLINOIS. Motion declared carried. Aldermen Brookman
and Smith voted no.
Moved by Becker, seconded by Argus, to concur with Staff
recommendation to award bid for demolition of 1896, 1900,
1930 Lee Street and 1157 Prospect Lane for new Fire
Station #2 Headquarters, to the lowest bidder, Albrecht
Enterprises, Inc., 1684 E. Oakton Street, Des Plaines,
in the total bid amount of $58,888/Budgeted Funds from
2003A Series Bonds, Ordinance M-43-03, approved by the
City Council on August 4, 2003.
Motion by Alderman Brookman that this matter be held for
discussion during the upcoming budget hearings died for
lack of a second.
Upon roll call on Alderman Becker's motion, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
WARRANT
REGISTER:
Resolution
R-108-03
ZONING CASE
03-40-V
VARIATION/
320 w.
TOUHY AVE.:
Ordinance
Z-27-03
11/17/03
INSERT:
11 ••• have
plan ... 11
ORDINANCE
M-72-03
LIQ. LIC./
1575-lW
ELLINWOOD
(CLASS J) :
ADJOURNMENT:
PAGE ELEVEN
036
10/20/03
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-108-03, 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:
$3,286,571.14. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole, re Zoning Case
03-40-V, to grant request for Variation to permit a
manufacturing building silo with a height of 74' and a
conveyor height of 90' instead of the permitted 40' on
property located at 320 W. Touhy Avenue in M-2 General
Manufacturing District; contingent upon the following
conditions from the Staff memo (October 10, 2003) being
added to the ordinance:
1. Petitioner agrees to comply with all applicable State
or Federal environmental laws and obtain necessary
permits; copies of permits will be presented to the
Department of Community Development prior to the issuance
of a building permit;
2. Petitioner agrees to comply with provisions of
Article 12 of the Des Plaines Zoning Code; environmental
conditions as well as all City's flood zone management
requirements; and place on First Reading Ordinance Z-27-
03 -AS AMENDED/ AN ORDINANCE AUTHORIZING A VARIATION TO
SECTION 7. 4-5 ( D) OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE CONSTRUCTION OF A MANUFACTURING
BUILDING SILO AND A CONVEYOR AT 320 W. TOUHY AVENUE IN
DES PLAINES, ILLINOIS (CASE 03-40-V); AND Staff ~
..,il'J"!elsisrige@l te'i' lFGwieu tebe i seuo of monitoring and
enforcement of Article 12 of the Des Plaines Zoning
Ordinance and report back to the City Council. Aldermen
Brookman and Smith voted no. (further action on this
matter under Unfinished Business on November 3, 2003)
Moved by Argus, seconded by Becker, to advance to Second
Reading and adopt Ordinance M-72-03, 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 J LIQUOR LICENSE FOR CHIAVA BARLOUNGE D/B/A CHIAVA
BARLOUNGE, LOCATED AT 157 5-lW ELLINWOOD STREET, DES
PLAINES, ILLINOIS. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Argus
NAYS: 2-Brookman, Smith
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 10:46 p.m.
Donna McAllister, MMC CITY CLERK
APPROVE°') BY ME THIS -"-;?, ______ () __ _
DAY OF~ , 2003
~-/-
Anthony W. Arredia, MAYOR