11-03-2003031
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, NOVEMBER 3, 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, November 3, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais,
Christiansen and Brookman were absent. Alderman
Christiansen arrived in Executive Session at 6:35 p.m.
Alderman Brookman arrived in Executive Session at 6:44
p.m. Alderman Beauvais arrived at 7:55 p.m.
Also present were: City Manager Niemeyer, Director of Finance Egeberg,
Acting Police Chief Prandini, Fire Chief Farinella, Director of
Engineering Oakley, Director of Public Works Dusckett, Assistant City
Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
ORDINANCE
Z-27-03
AS AMENDED
VARIATION/
320 TOUHY:
CITIZEN
PARTICIPA. :
Moved by Becker, seconded by Argus, to go into Executive
Session to discuss acquisition of real property -TIF #1.
Upon roll call, the vote was:
AYES: 5-Murphy, Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 3-Beauvais, Christiansen, Brookman
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated
Christiansen, Murphy,
Argus.
the following aldermen present:
Sayad, Brookman, Becker, Smith,
The opening prayer was given by Pastor Tim Roames, Good
News Christian Center, followed by the Pledge of
Allegiance.
Moved by Brookman, seconded by Smith, to suspend the
rules to permit discussion on Ordinance Z-27-03 -As
Amended, scheduled to be adopted under Unfinished
Business later in the meeting.
Moved by Murphy, seconded by Sayad, to adopt a substitute
motion that discussion on Ordinance Z-27-03 -As Amended
be held at the appropriate time later in the meeting.
Motion declared carried. Aldermen Christiansen, Murphy,
Sayad, Becker and Argus voted yes; Aldermen Brookman and
Smith voted no; Alderman Beauvais was absent.
Ms. Nancy O'Toole, 1234 White Street, addressed the City
Council stating that she has called and E-mailed her
alderman with no response; how do you know how to vote
if you don't ask the people of your Ward?
Mr. Jack Sporito, representing the members of the
Alliance for Residents Concerning O'Hare, Inc. (AreCO),
P.O. Box 1702, Arlington Heights, IL 60006, addressed the
City Council stating that they protect the health and
welfare of the people; they are very concerned about the
pollutants that harm the residents of Des Plaines; the
O'Hare Airport expansion will add significant pollution
to your community; it will cause all kinds of cancers;
O'Hare Airport is not an economic engine for this area.
CITIZEN PART.
(Cont'd. )
CONSENT
AGENDA:
MINUTES:
1997A & B
IDRB BONDS/
COMFORT INN:
Consent
Agenda
Ordinance
M-73-03
PAGE TWO
032 11/3/03
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council stating his concern about term limits; if
an alderman could not run and no one else ran, you would
have to appoint someone; he is not sure he would want
someone to be alderman who did not run for the position
in the first place; maybe we could have a referendum to
eliminate term limits.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that he is concerned about the
inappropriate manner in which the City Council conducts
its business; you don't seem to follow your own rules
very closely; this Council is a professional legislative
body and a code of conduct should be adhered to; every
aldermen should be allowed five (5) minutes to discuss
their issue and then the other aldermen be allowed to
respond for five (5) minutes.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council stating he can understand what the Council has
been going through; he would not want to tie term limits
to some of the matters before this Council; it would be
a miscarriage of justice as to how long you can speak.
Aldermen Murphy and Brookman requested that Item 1 be
removed from the Consent Agenda.
Moved by Sayad, seconded by Becker,
Consent Agenda except for Item 1.
carried.
to establish a
Motion declared
Moved by Brookman, seconded by Murphy, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried. Staff recommendations and
requests were approved; Ordinances M-68-03 and M-69-03
were adopted; Ordinances M-73-03, M-74-03, M-75-03, M-76-
03, M-77-03, M-78-03, Z-33-03 and Z-34-03 were placed on
First Reading; and Resolutions R-109-03, R-110-03, R-111-
03 and R-112-03 were adopted.
Moved by Murphy, seconded by Brookman, to POSTPONE
approval of minutes of the regular meeting of the City
Council held October 20, 2003 until November 17, 2003
under Unfinished Business. Motion declared carried.
Aldermen Murphy and Brookman to provide City Clerk
McAllister with their amendments to the minutes by
Friday, November 7, 2003.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation that City (as "Issuer" in the
refinancing of Industrial Development Revenue Bonds,
Series 1997-A and 1997-B, approved by the City Council
on September 15, 1997, Ordinance M-63-97) approve the
execution and delivery of documents to settle agreement
with CP Partners, L.L.C. (Comfort Inn O'Hare, 2175 E.
Touhy Avenue) with the Internal Revenue Service and
Federal Home Loan Bank; there will be no cost to the
City; and further recommend to place on First Reading
Ordinance M-73-03, AN ORDINANCE AMENDING THE DOCUMENTS
RELATING TO $6, 775, 000 AGGREGATE PRINCIPAL AMOUNT OF
VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REFUNDING
REVENUE BONDS, SERIES 1997-A (CP PARTNERS, L.L.C.
PROJECT) AND $355, 000 AGGREGATE PRINCIPAL AMOUNT OF
TAXABLE VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT
REVENUE BONDS, SERIES 1997-B (CP PARTNERS, L.L.C.
PROJECT) OF THE CITY OF DES PLAINES, COOK COUNTY,
ILLINOIS; AUTHORIZING THE EXECUTION AND DELIVERY OF A
CLOSING AGREEMENT ON FINAL DETERMINATION CONCERNING
SPECIFIC MATTERS, A RELEASE AGREEMENT, A SECOND AMENDMENT
M-73-03
(Cont'd. )
PROHIBIT
POTABLE
GROUNDWATER/
TIF #3:
Consent
Agenda
Ordinance
M-74-03
KEEP D.P.
BEAUTIFUL
COMMISSION
MEMBERSHIP:
Consent
Agenda
Ordinance
M-75-03
SALE OF CITY
PROPERTY/
BENCHES:
Consent
Agenda
Ordinance
M-76-03
LIC. AGREE./
1001
CARLOW DR.:
Consent
Agenda
Ordinance
M-77-03
LIC. AGREE./
538
WESTMERE:
Consent
Agenda
Ordinance
M-78-03
PAGE THREE
033
11/3/03
TO LOAN AGREEMENT, A SECOND SUPPLEMENTAL INDENTURE OF
TRUST AND RELATED DOCUMENTS IN CONNECTION THEREWITH AND
RELATED MATTERS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to prohibit the use of groundwater
as a potable water supply by the installation or drilli ng
of wells or by any other method in the Wille Road TIF #3
area; and further recommend to place on First Reading
Ordinance M-74-03, AN ORDINANCE PROHIBITING THE USE OF
GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION
OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER
METHOD IN THE CITY OF DES PLAINES. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to amend Title 2, Chapter 15 -"Keep
Des Plaines Beautiful Commission" to reduce the number
of members to five (5) who would serve a three (3)-year
term; and further recommend to place on First Reading
Ordinance M-7 5-03, AN ORDINANCE AMENDING TITLE 2, "BOARDS
AND COMMISSIONS" CHAPTER 15, "KEEP DES PLAINES BEAUTIFUL
COMMISSION" OF THE DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman seconded by Murphy, to concur with
Staff recommendation to authorize City to sell two (2)
6' steel benches to the River Pointe Condominium
Association, 67 5 Pearson Street, for their properties
located at 650 River Road and 675 Pearson Street, in the
total amount of $300 and it would be in the best interest
of the City to accept this offer since the items are
deemed no longer necessary or useful to or for the best
interest of the City; and further recommend to place on
First Reading Ordinance M-76-03, 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. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to grant request to permit
installation of a brick mailbox in the City-owned right-
of-way adjacent to property located at 1001 Carlow Drive;
Mayor and City Clerk be authorized to execute necessary
license agreement; and further recommend to place on
First Reading Ordinance M-77-03, AN ORDINANCE AUTHORIZING
THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH
PROPERTY OWNER EDWIN C. BAGLEY FOR THE INSTALLATION OF
A BRICK MAILBOX IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF
1001 CARLOW DRIVE, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to grant request to permit
installation of an underground sprinkler system in the
City-owned right-of-way adjacent to property located at
538 Westmere Road; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-78-03,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH PROPERTY OWNER JOE GIOLLI FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 538 WESTMERE ROAD,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
ZONING CASE
03-61-A
TEXT AMEND./
DOMESTIC PET
SERVICE:
Consent
Agenda
Ordinance
Z-33-03
ZONING CASE
03-63-V
VARIATION/
1350 TOUHY:
Consent
Agenda
Ordinance
Z-34-03
RESURFAC. OF
PARK. LOTS
#3 AND #8/
PLOTE CONST.:
Consent
Agenda
Resolution
R-109-03
PUB. IMPROV./
DARIA'S RESUB
635 & 637
HOWARD:
Consent
Agenda
Resolution
R-110-03
POLICE TEST.
SVS . AGREE . /
STANARD &
ASSOC.:
Consent
Agenda
Resolution
R-111-03
PAGE FOUR
034
11/3/03
Moved by Brookman, seconded by Murphy, to concur with
recommendation of Des Plaines Plan Commission, re Zoning
Case 03-61-A, to approve a Text Amendment to amend
Section 7.3-6 -C-3 General Commercial District, Article
7.4-4 -M-1 Limited Manufacturing District of the Des
Plaines Zoning Code to add Domestic Pet Service as a
Conditional Use, and amend Section 13.3 to add the
definition of Domestic Pet Service; and further recommend
to place on First Reading Ordinance Z-33-03, AN ORDINANCE
AUTHORIZING A TEXT AMENDMENT TO ARTICLE 7.3-6, C-3
GENERAL COMMERCIAL DISTRICT AND ARTICLE 7.4-4, M-1
LIMITED MANUFACTURING DISTRICT TO ADD THE DEFINITION OF
DOMESTIC PET SERVICE TO ARTICLE 13.3 TO THE CITY OF DES
PLAINES ZONING CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 03-63-V, to grant request for an ~after
the-fact" Variation to permit existing 6' chain link
fence to remain on property located at 1350 E. Touhy
Avenue in C-2 Limited Office Commercial District (Code
requires an 8' solid opaque fence) ; contingent upon
petitioner paying a double permit fee ($150) for building
without a permit; and further recommend to place on First
Reading Ordinance Z-34-03, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTIONS 7. 3-5E. 3. OF THE CITY OF DES
PLAINES ZONING ORDINANCE TO PERMIT A 6 FOOT, OPEN CHAIN
LINK FENCE, INSTEAD OF THE REQUIRED 8 FOOT, SOLID OPAQUE
FENCE AT 1350 EAST TOUHY AVENUE, DES PLAINES, ILLINOIS
(Case 03-63-V) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to accept proposal from Plote
Construction, Inc., 1100 Brandt Drive, Elgin, IL 60120,
for the resurfacing of Commuter Parking Lots #3 and #8,
in the amount of $20,648.40 (Lot #3) and $22,081.50 (Lot
#8) for a total cost of $42,729.90/Budgeted Parking Fund;
it would be in the best interest of the City that usual
bid procedures be waived; and further recommend to adopt
Resolution R-109-03, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL BY PLOTE
CONSTRUCTION, INC. FOR THE RESURFACING OF COMMUTER
PARKING LOTS #3 AND COMMUTER PARKING LOT #8 IN THE CITY
OF DES PLAINES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to accept Public Improvements that
include public sidewalk, and sanitary and storm sewers
for Daria's Resubdivision, 635 and 637 Howard Avenue;
authorize release of public improvement surety in the
amount of $23,344 (cash warranty in the amount of $2,334
to be held for 18 months); and further recommend to adopt
Resolution R-110-03, A RESOLUTION APPROVING THE PUBLIC
IMPROVEMENTS FOR DARIA'S RESUBDIVISION LOCATED AT 635 AND
637 HOWARD AVENUE, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to authorize second installment
payment to Stanard & Associates, Inc., 309 W. Washington
Street, Suite 1000, Chicago, IL 60606, for providing
testing services for the civil service position of police
sergeant, in the amount of $10, 429. 36/Budgeted Funds
(first installment was approved by the City Council on
June 16, 2003 in the amount of $7, 000); and further
recommend to adopt Resolution R-111-03, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING
PAYMENT TO STANARD & ASSOCIATES FOR THE SERGEANT
PROMOTIONAL EXAMINATION FOR THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
VEH.ENFORCE.
AGREEMENT/
22-52 EAST
N.W. HWY:
Consent
Agenda
Resolution
R-112-03
FINAL PLAT/
HAJDICH RESUB
2170
SPRUCEWOOD:
Consent
Agenda
BID AWARD/
HUMIDIFIERS
(FIRE DEPT.):
Consent
Agenda
BID AWARD/
PAINTING AT
STATION #3:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
APPOINTMENT:
Consent
Agenda
ORDINANCE
M-68-03
LIQ. LIC./
1285 s.
ELMHURST:
Consent
Agenda
ORDINANCE
M-69-03
LIQ. LIC./
404 w.
OAKTON ST.:
Consent
Agenda
U..)~
11/3/03
PAGE FIVE
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Agreement for Enforcement of Municipal
Ordinances on Private Property with Des Plaines Community
Senior Center, for police, traffic and parking
enforcement on property located at 22-52 East Northwest
Highway; and further recommend to adopt Resolution R-112-
03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER
TITLE 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND
TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE
CITY OF DES PLAINES AND DES PLAINES COMMUNITY SENIOR
CENTER FOR PROPERTY LOCATED AT 22-52 EAST NORTHWEST
HIGHWAY, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Hajdich Resubdivision, 2170 Sprucewood
Avenue; and Mayor and City Clerk be authorized to execute
same. Motion declared carried as approved unanimous ly
under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to award bid for Purchase and
Installation of Two (2) Steam-Generated Humidifiers at
Fire Station #3, to the lowest bidder, Controlled
Environmental Systems, Inc., 16308 S. 107th Avenue, Suite
12, Orland Park, IL 60467, in the total bid amount of
$13,140/Budgeted Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to award bid for Painting of the
Apparatus Bay, Ceiling and Walls at Fire Station #3, to
the lowest bidder, CJD Contracting, Inc., 1005 Main
Street, Melrose Park, IL 60160, in the total bid amount
of $3,227/Budgeted Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to authorize City Clerk to advertise
for bids for Three (3) Sterling Gas-Fired Unit Heaters
and Two (2) Carrier or Bryant Heating and Air-
Conditioning Systems for Fire Station #1, returnable by
3:00p.m., Wednesday, November 19, 2003. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Murphy, to approve Mayoral
appointment to the HUMAN SERVICES ADVISORY COMMISSION of
Tom P. Kalayil, term to expire January 31, 2004. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Murphy, to adopt 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 Murphy, to adopt Ordinance
M-69-03, 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 I LIQUOR LICENSE FOR BULGARIAN
ORTHODOX CHURCH D/B/A ST. SOPHIA, LOCATED AT 404 W.
OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
~
ORDINANCE
M-73-03
1997A & B
IDRB BONDS/
COMFORT INN:
ORDINANCE
M-76-03
SALE OF CITY
PROPERTY/
BENCHES:
ORDINANCE
M-77-03
LIC. AGREE./
1001 CARLOW:
ORDINANCE
M-78-03
LIC. AGREE./
538 WESTMERE:
ORDINANCE
Z-34-03
VARIATION/
1350 TOUHY:
U.lO
11/3/03
PAGE SIX
Moved by Sayad, seconded by Brookman, to advance to
Second Reading and adopt Ordinance M-73-03, AN ORDINANCE
AMENDING THE DOCUMENTS RELATING TO $6,775,000 AGGREGATE
PRINCIPAL AMOUNT OF VARIABLE RATE DEMAND INDUSTRIAL
DEVELOPMENT REFUNDING REVENUE BONDS, SERIES 1997-A (CP
PARTNERS, L.L.C. PROJECT) AND $355,000 AGGREGATE
PRINCIPAL AMOUNT OF TAXABLE VARIABLE RATE DEMAN D
INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1997-B (C P
PARTNERS, L.L.C PROJECT) OF THE CITY OF DES PLAINES COOK
COUNTY, ILLINOIS, AUTHORIZING THE EXECUTION AND DELIVERY
OF A CLOSING AGREEMENT ON FINAL DETERMINATION CONCERNING
SPECIFIC MATTERS, A RELEASE AGREEMENT, A SECOND AMENDMENT
TO LOAN AGREEMENT, A SECOND SUPPLEMENTAL INDENTURE OF
TRUST AND RELATED DOCUMENTS IN CONNECTION THEREWITH AND
RELATED MATTERS. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Murphy, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-76-03, 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: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Smith, seconded by Becker, to advance to Second
Reading and adopt Ordinance M-77-03, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH PROPERTY OWNER EDWIN C. BAGLEY FOR THE
INSTALLATION OF A BRICK MAILBOX IN THE PUBLIC RIGHT-OF-
WAY IN FRONT OF 1001 CARLOW DRIVE, DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-78-03, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH PROPERTY OWNER JOE GIOLLI FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 538 WESTMERE ROAD,
DES PLAINES, ILLINOIS. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Brookman, seconded by Smith, to advance to
Second Reading and adopt Ordinance Z-34-03, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTIONS 7. 3-5E. 3. OF THE CITY
OF DES PLAINES ZONING ORDINANCE TO PERMIT A 6 FOOT OPEN
CHAIN LINK FENCE, INSTEAD OF THE REQUIRED 8 FOOT, SOLID
OPAQUE FENCE AT 1350 EAST TOUHY AVENUE, DES PLAINES,
ILLINOIS (Case 03-63-V). Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
WARRANT
REGISTER:
FUNDING/
STORMWATER
MASTER
PLAN:
PAGE SEVEN
037
11/3/03
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 Murphy, to recommend
to the City Council approval of the November 3, 2003 -
Warrant Register, in the total amount of $2,701,923.45;
and further recommend that Resolution R-113-03 be adopted
at appropriate time this evening. Motion declared
carried.
Alderman Sayad stated that recently the City Council
approved a one cent increase in the motor fuel tax t o pay
the cost for the backyard flooding portion of the
Stormwater Master Plan; backyard flooding problem is
estimated to cost $1.8 million and is scheduled to be
completed in 2004 and 2005; the remaining $13.6 million
in projects can be completed over a six (6) or seven (7)
year period with a combination of bonding and pay-as-you-
go financing.
Director of Finance Egeberg stated that the Staff is
recommending that the storm sewer fee be doubled t o 76
cents to pay for these remaining projects; the additional
cost to the typical household would be $36.60 per year.
Alderman Christiansen stated that he will be voting
against this funding because it does not cover alleys.
Alderman Murphy stated that she thinks this funding is
a little premature since the Stormwater Master Plan has
not been approved by the City Council; this is a b ig
increase for this project; we need to discuss other
funding options.
Alderman Brookman stated that she too thinks this is
premature; most residents did not receive a survey to
fill out; it is not prudent to move on this; each project
should be reviewed and evaluated.
(Alderman Beauvais arrived at this point in the meeting .)
Alderman Smith stated that he doesn't think we should
proceed without approving the Plan first; this is a lot
of money for this particular problem.
Alderman Argus stated that she doesn't think this is
premature; we have looked at this many times; we have had
many meetings; people are flooding; she is prepared t o
vote for this tonight; her residents need flooding
solutions.
Alderman Beauvais stated that she agrees we have to start
somewhere with backyard flooding, but she is not
comfortable with doubling the sewer tax.
Alderman Sayad stated that they have been working on this
for two (2) years; there have been several meetings .
Moved by Murphy, seconded by Brookman, to recommend to
the City Council that further discussion on funding of
the Stormwater Master Plan be POSTPONED until December
1, 2003; and Staff be authorized to prepare t h e
Stormwater Master Plan for approval at that meeting.
Motion declared carried.
Alderman Christiansen requested that a discussion be he ld
in the near future on alley and backyard flooding.
PUBLIC
SIDWALK
ESCROW/
108 & 116
OAKWOOD:
PARKING PAD
VARIATION/
2003 s.
PINE:
FINAL PLAT/
ZOLADZ
SUBDIVISION/
1779 CORA:
FINAL PLAT/
ALDI, LEE ST.
RESUBDIVISION
1365 LEE:
PAGE EIGHT
ENGINEERING -Alderman Argus, Chair
038
11/3/03
Moved by Beauvais, seconded by Brookman, to recommend to
the City Council that the developer of Andrew Budys 4 th
Addi ti on to Des Plaines Subdivision post the escrow
amount of $3,250 in lieu of constructing a public
sidewalk adjacent to property located at 108 and 116
Oakwood Avenue. Motion declared carried.
BUILDING CODE -Alderman Christiansen, Chair
Alderman Christiansen reviewed this request for an 18'
wide parking pad in the front yard of property located
at 2003 S. Pine Street, which was first discussed on July
7, 2003 and then postponed for further review and
possibly another alternative, and then postponed
indefinitely by the petitioner on July 23, 2003; Staff
is recommending against this request.
Attorney Dan Dowd, 701 Lee Street, Des Plaines,
representing the petitioner, addressed the Committee of
the Whole stating that possibly the parking pad could
come off of Howard Avenue.
Moved by Murphy, seconded by Sayad, to recommend to the
City Council that the request for a Parking Pad Variation
for property located at 2003 S. Pine Street be POSTPONED
until December 1, 2003, to review the possibility of a
parking pad access from Howard Avenue. Motion declared
carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker stated that the petitioner has made
revisions to his Plat and has met with the neighbors;
there are other lots of similar size in the neighborhood;
Staff is recommending against this Plat because approving
a subdivision with all three (3) lots with deficient lot
width and lot area sets a bad precedent.
Attorney Barry Collins, 7 33 Lee Street, Des Plaines,
representing the petitioner, addressed the Committee of
the Whole and answered questions from the aldermen.
Moved by Brookman, seconded by Becker, to recommend to
the City Council approval of Final Plat for Roman Zoladz
Subdivision, 1779 Cora Street; and Mayor and City Clerk
be authorized to execute same. Upon roll call, the vote
was:
AYES: 3-Brookman, Becker, Smith
NAYS: 5-Beauvais, Christiansen, Murphy,
Sayad, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Alderman Murphy stated that the residents in that area
do not want a traffic light at Lee Street and Forest
Avenue; people will use it as a cut-through from Wolf
Road.
Attorney Judy Workman, 191 N. Wacker Drive, Chicago,
representing the petitioner addressed the Committee of
the Whole stating that Aldi, Inc. will be happy to
install a traffic light at this intersection if required
at a later date; it would have to be warranted and
require a left hand turning lane and land acquisition;
we should wait until the store is open to do a traffic
count to see if this is warranted.
ALDI, LEE ST.
(Cont'd. )
ORDINANCE
M-54-03
LIQ. LIC./
1924
MANNHEIM:
ORDINANCE
Z-27-03
AS AMENDED
VARIATION/
320 TOUHY:
PAGE NINE
039
11/3 /03
Alderman Beauvais asked why Aldi's chose to build a t the
back of the lot. Mr Brian Mayer, Aldi, Inc., 1 200 N.
Kirk Road, Batavia, IL 60510, said because Aldi's i s the
final destination and they will have good signage.
Moved by Sayad, seconded by Brookman, to recommend to the
City Council approval of Final Plat for Aldi, Lee St reet
Subdivision, 1365 Lee Street; and Mayor and City Cle r k
be authorized to execute same. Motion declared carr i ed.
Alderman Murphy asked what will the Staff do about the
traffic light. Director of Engineering Oakley said a
traffic study will have to be done when the other lots
are filled; the Staff will come to the City Council with
the cost for the traffic study.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Brookman, seconded by Christiansen, to NOT
adopt Ordinance M-54-03, AN ORDINANCE AMENDING TITLE 4 ,
"BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING LIQUO RS"
SECTION 5, "NUMBER OF LICENSES LIMITED" OF THE CITY CODE
OF DES PLAINES, TO ADD ONE CLASS B LIQUOR LICENSE FOR
GLEZCO, INC. D/B/A LIQUOR LANE, LOCATED AT 1924 S.
MANNHEIM ROAD, DES PLAINES, ILLINOIS.
Following
Brookman,
carried.
discussion, moved by Beauvais , seconded by
to call for the question. Motion d eclared
Aldermen Murphy and Becker voted no .
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 Murphy, to adopt Ordinance
Z-27-03 AS AMENDED, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 7.4-5(D) OF THE CITY OF DES PLAI NES
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).
Moved by Murphy, seconded by Brookman, to suspend t h e
rules to permit public input on this matter. Motion
declared carried.
Mr. William Brill, 2335 Eastview Drive, addressed the
City Council stating that he is against this busi ness
because of health reasons; it would be 150' away from
residents; you voted 7 to 2 (6 to 2) to be the killer in
this area; their Hillside plant has been a health ha zard
since it has been open; now they want to bring this
health problem to Des Plaines; you don't listen to the
people of Des Plaines; we pay your salaries; you wo r k for
us; don't let this killing machine come to our town.
Mr. Brian Burkross, 2133 Webster Lane, addressed the Cit y
Council stating that there will be added health issue s
if this plant is allowed to operate; he has a video that
will show the health issues that would result; there will
be noise and air pollution; please consider the he alth
issues that have been raised.
Paige, who lives at 418 W. Touhy Avenue, Lot 131,
addressed the City Council asking how she can get
representation on this Board; we should have a say a s to
what goes on next to us; there will be truck traffi c a ll
the time; we need a light at our entrance; there are ov~
2,000 people opposed to this. 'tbl""
320 W. TOUHY
(Cont'd.)
PAGE TEN
040
11/3/03
Robert, who lives at 410 W. Touhy Avenue, Lot #75,
addressed the City Council stating that he believes this
will affect future generations of children; you don't
realize how close this will be to Maine West High School;
all the children in Des Plaines will be affected by this.
Nicole, who lives at 438 W. Touhy Avenue, Lot #294,
addressed the City Council asking what will happen if
this stuff drains into their water supply; what will you
do if a silo tips over?; she has severe allergies to
smoke; this will be 1,000' from her home; how will they
be able to sleep in the summer with the noise that will
come.
Jonathan Bates (child), 438 W. Touhy Avenue, Lot #290,
addressed the City Council stating that he is a straight
A student; he would like to be able to live his life
before this plant damages it.
Mr. John Bates, 438 W. Touhy Avenue, Lot #290, addressed
the City Council stating that he has a child with a lung
problem; so does he; he lives 300' from this fence; what
will you do?
Frank Weber (child), 416 W. Touhy Avenue, Lot #115,
addressed the City Council stating that he wants to be
able to grow up and have a good life; is this tax money
worth more than his and other people's health?
Mary, who resides at 412 W. Touhy Avenue, Lot # 8 6,
addressed the City Council stating that they are not just
unincorporated people; we are people; we want you to
listen to us; we are a community too; how would you like
this to be right next door to you?
Christian (child), who resides at 422 W. Touhy, Lot #163,
addressed the City Council stating he doesn't want to
die; he wants to grow up.
Mr. Joe Bagdonas, 400 W. Touhy Avenue, Lot #456,
addressed the City Council asking that the vote to
approve this variation be declared null and void; table
this for 90 days so the City can conduct studies on the
impact of this asphalt plant and the traffic; take soil
samples and have them tested.
Ms. Tiffany Boudalis, 422 W. Touhy Avenue, Lot #163,
addressed the City Council and read a statement from her
mother, Patricia Boudalis, 422 W. Touhy Avenue, about the
conduct of the aldermen at the last meeting; she asks
that something be done about the injustice done to the
people in the mobile home park.
Cheyenne (child), 422 W. Touhy Avenue, Lot #163,
addressed the City Council stating that she has trouble
breathing.
Shirley, who resides at 422 W. Touhy Avenue, Lot #168,
addressed the City Council stating that she has asthma
and it was under control until the trucks started coming
down Touhy Avenue; we have put our house up for sale
because of this.
Natasha Vivirito, 400 W. Touhy Avenue, Lot #554,
addressed the City Council stating that they are
personally affected by this project; this is our health;
this is our lives; she doesn't think anyone will buy
their home; do something about this.
Joan, who resides at 434 W. Touhy Avenue, Lot 272,
addressed the City Council on behalf of the senior
citizens; we can't afford to move.
320 W. TOUHY
(Cont'd. )
ORDINANCE
Z-35-03
MAP AMEND./
1601, 1603 &
1609 HILLS:
PAGE ELEVEN
041
1 1/3 /0 3
Shelly, who resides at 444 W. Touhy Avenue, Lot #3 77,
addressed the City Council stating that what comes out
of this silo will come down on them; there are many
people who are not healthy; they won't be able to get a ny
sleep because of the noise; she is afraid for everyone's
health.
Connie, who resides at 422 W. Touhy Avenue, Lot #1 71,
addressed the City council stating that everything t h at
has been said tonight is the truth; she has had ma ny
health problems and when this plant starts up, it will
only get worse; some of us can't afford to get out.
Helena Pelletier, 1555 Orchard Street, addressed the City
Council stating that she is appalled at some o f the
things that have been said to these people tonight; as
a Des Plaines resident, she does not feel that you listen
to us; we have rights too; this will affect all residents
in Des Plaines.
Phyllis Senases, 462 W. Touhy Avenue, Lot #561, addresse d
the City Council stating that she doesn't believe the
City Council does not have the power to deny this; wa it
90 days and do some independent studies; take a look at
this; we are begging you to find a loop hole to get o u t
of this.
Attorney Ronald Cope, Michael Best & Friedri ch, LLC, 401
N. Michigan Avenue, Suite 1900, Chicago, IL 60611,
representing the residents of the Touhy Mobile Home Park,
addressed the City Council stating that he wants it cle a r
that the City Council can vote no on this matter i f it
wants to; Plote Construction cannot satisfy all t he
criteria of the zoning code; this use will adverse l y
affect this neighborhood; you don't have to grant this;
this use cannot satisfy the criteria of Article 12 of the
Zoning Code .
Ms. Terry Nelson, 1330 Rand Road, addressed the City
Council; she is the president of the Illinois Mobile Home
Owners Association; she sees some very scared people; s he
hopes you say no; if this goes through, you should p l a n
on how this will affect people's health issues.
Alderman Brookman stated that this is an inappropr iate
use for this site; all the issues were not addressed;
Plote Construction has not shown that they can c omply
with Article 12 of the Zoning Code; Staff has failed to
give us a balanced and complete report; she wants a
comprehensive report.
Moved by Brookman, seconded by Smith, to adopt a
substitute motion to NOT adopt Ordinance Z-27-03 -As
Amended. Motion declared failed. Aldermen Brookman and
Smith voted yes; Aldermen Beauvais, Christiansen, Murphy ,
Sayad, Becker and Argus voted no.
Alderman Murphy stated that she is uncomfortable with
approving this tonight because it does not address
compliance with Article 12 of the Zoning Code.
Moved by Beauvais, seconded by Christiansen, to adopt a
substitute motion to POSTPONE the adoption of Ordinance
Z-27-03 for 60 days until an IEPA (Illinois Environmental
Protection Agency) report can be done at 320 W. Touhy
Avenue; and City Staff verify the permitted use for this
site under the Zoning Code. Motion declared carried .
Aldermen Beauvais, Christiansen, Murphy, Brookman, Smith
voted yes; Aldermen Sayad, Becker and Argus voted no .
Moved by Beauvais, seconded by Murphy, to place on First
Reading Ordinance Z-35-03, AN ORDINANCE GRANTING A
REQUEST FOR A MAP AMENDMENT FROM R-1, SINGLE-FAMILY
RESIDENTIAL TO C-3, GENERAL COMMERCIAL LOCATED AT 1601,
1603 AND 1609 HILLS AVENUE, DES PLAINES, ILLINOIS (Case
02-79-A), contingent upon the following conditions: ~
HILLS AVE.
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-113-03
PAGE TWELVE
042
11/3/03
--if Fire Department requires access to Hill Avenue , the
street be closed off with a 2'-3' curbed parkway at the
end of the commercial property;
-developer will meet with the residents regarding
landscaping, berms, fencing and lighting; and
-access onto Hills Avenue from commercial property be
eliminated.
Attorney Sam LaSusa, 200 Russell Street, Barrington , I L
60010, representing the petitioners, Lipp Trust/
Pontarelli & Company and Mr. Louis Bosco, addressed t he
City Council stating that all parties have not agreed t o
these conditions.
Moved by Christiansen, seconded by Brookman, to adopt a
substitute motion to TABLE INDEFINITELY the placing on
First Reading of Ordinance Z-35-03. Upon roll call, t he
vote was:
AYES: 3-Beauvais, Christiansen, Brookman
NAYS: 5-Murphy, Sayad, Becker, Smith, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Motion by Alderman Smith to adopt a substitute motion to
place on First Reading Ordinance Z-35-03 with no
conditions failed for lack of a second.
Moved by Brookman, seconded by Beauvais, to adopt a
substitute motion to NOT place on First Reading Ordinance
Z-35-03. MOTION DECLARED FAILED. Aldermen Beauvais a n d
Brookman voted yes; Aldermen Christiansen, Murphy, Sayad,
Becker, Smith and Argus voted no.
A general discussion was held on the project site ,
traffic flow on Hills Avenue, i.e. cul-de-sac the street ,
make it one-way.
Moved by Becker, seconded by Argus, to call for the
question. MOTION DECLARED FAILED. Aldermen Sayad,
Becker and Argus voted yes; Aldermen Beauvais ,
Christiansen, Murphy, Brookman and Smith voted no.
Mr. Ken Johnson, 1602 Hills Avenue, addressed the City
Council stating that he doesn't think a one-way on Hills
Avenue would be advisable; maybe the traffic coul d go out
at the extreme west side of the property; t raf fic will
be a nightmare.
(Alderman Brookman left the meeting at this point.)
Moved by Becker, seconded by Argus, to adopt a substitute
motion to place on First Reading Ordinance Z-35-03
amended to remove the condition that petitioner mus t not
have access to Hills Avenue; and Staff be authorized to
review whether Hills Avenue be made a one-way street to
limit cut-through traffic or propose a mutually agreed
alternative traffic solution; and this mat t e r be
discussed under Unfinished Business on December 1, 2003 .
Motion declared carried. Aldermen Murphy, Saya d ,
Brookman, Becker, Smith and Argus voted yes; Alderme n
Beauvais, and Christiansen voted no.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adop t
Resolution R-113-03, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total :
$2,701,923.45. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
FUNDING/
STORMWATER
MASTER
PLAN:
PUBLIC
SIDEWALK
ESCROW/
108 & 116
OAKWOOD:
PARKING PAD
VARIATION/
2003 s.
PINE:
FINAL PLAT/
ZOLADZ
SUBDIVISION/
1779 CORA:
FINAL PLAT/
ALDI, LEE ST .
SUBDIVISION/
1365 LEE:
PETITIONS/
MINER STREET
PARK:
ADJOURNMENT:
PAGE THIRTEEN
043
11/3/03
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole that further
discussion on funding of the Stormwater Master Plan be
POSTPONED until December 1, 2003; and Staff be authorized
to prepare the Stormwater Master Plan for approval at
that meeting. Motion declared carried. Alderman Argus
voted no.
Moved by Argus, seconded by Smith, to concur with
recommendation of Committee of the Whole that the
developer of Andrew Budys 4 th Addition to Des Plaines
Subdivision post the escrow amount of $3,250 in lie u of
Constructing a public sidewalk adjacent t o p roperty
located at 108 and 116 Oakwood Avenue. Motion declared
carried.
Moved by Christiansen, seconded by Murphy, to concur with
recommendation of Committee of the Whole that request for
a Parking Pad Variation for property located at 2 00 3 S .
Pine Street be POSTPONED until December 1, 2 003 , to
review the possibility of a parking pad access from
Howard Avenue. Motion declared carried.
Moved by Argus, seconded by Christiansen, to DENY
approval of Final Plat for Roman Zoladz Subdivisi on, 1779
Cora Street. Motion declared carried. Alde rmen
Beauvais, Christiansen, Murphy, Say ad and Argus vot ed
yes; Aldermen Becker and Smith voted no; and Alde rman
Brookman was absent.
Moved by Becker , seconded by Sayad, to concur wi t h
recommendation of Committee of the Whole to approve Final
Plat for Aldi, Lee Street Subdivision, 1365 Lee Street ;
and Mayor and City Clerk be authorized to execute same .
Motion declared carried.
Mayor Arredia referred petitions received in the City
Clerk's Office on Thursday, October 16, 2003, requesting
that the City not remove the Miner Street Park (next t o
the Sugar Bowl), which is being planned to be d one for
the downtown redevelopment project, to the Staff for
review and report.
Moved by Sayad, seconded by Becker, that the r e gul ar
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:55 p.m.
Donna McAllister, MMC CITY CLE RK
MAYOR