11-17-2003050
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 17, 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 6:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, November 17, 2003.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith, Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Beauvais arrived in Executive Session at 6:14 p.m.
Alderman Brookman arrived in Executive Session at 6:45
p.m.
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, Director
of Public Works Dusckett, Assistant City Attorney Bartel and Cit y
Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
CITIZEN
PARTICIPA. :
Moved by Argus, seconded by Sayad, to go into Executive
Session to discuss acquisition of real property -TIF #1
and TIF #6, and personnel. Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 2-Beauvais, Brookman
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
The opening prayer was given by Father John Plotkowski,
St. Zachary Catholic Church, followed by the Pledge of
Allegiance.
Mayor Arredia and Acting Police Chief Prandini recognized
Traffic Unit Supervisor, Officer Carol Dougherty and
School Resource Officer at Nipper School on the Maryville
Campus, Officer Bill Rochotte, who recently received a
Meritorious Service Award from Sheriff Michael Sheehan
of the Cook County Sheriff's Police for their outstanding
work ethic and dedication to their jobs as police
officers.
Mayor Arredia introduced State Senator Susan Garrett and
Thomas J. Murphy, All-Circo, Inc., 111 W. Washington
Street, Suite 1920, Chicago, IL 60602, (the City's
lobbyist), who were instrumental in obtaining a $500,000
Illinois Fire IDOT grant for various road improvements
within the City.
Ms. Nancy O'Toole, 1234 White Street, addressed the City
Council asking Alderman Christiansen (her alderman) when
he will be having a Ward meeting; she has called and E-
mailed him many times. Alderman Christiansen said he
would be happy to talk to her about this after the
meeting.
ACQUIS. OF
PROP./TIF #1
TUCKER-FREED:
PAGE TWO
051
11/17/03
Moved by Becker, seconded by Argus, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding acquisition of property
within TIF #1 Tucker-Freed Redevelopment Project.
Motion declared carried. Alderman Brookman voted no.
i R.wt"-. Ro~ D
ACQUIS. OF Moved by Becker, seconded by Argus, to concur with
PROP./TIF .llJ:C,_,.-consensus in Executive Session hat Staff be authorized
520 RIVER: to finalize purchase of 520 Peryy ~Lreet, Capitol Bank
Resolution
R-123-03
ACQUIS. OF
PROP./TIF #6
2655 MANNHEIM
ROAD:
Resolution
R-124-03
AMEND ORDER
OF BUSINESS:
ORDINANCE
Z-27-03
AS AMENDED
VARIATION/
320 TOUHY:
Reconsider-
ation
& Trust, as Trustee, in the amount of $288,000; property
to become part of the tucker-Freed Downtown Redevelopment
Project Area -TIF ~~i)ossession date to be February 1,
2004 or earlier; and further recommend to adopt
Resolution R-123-03, A RESOLUTION AUTHORIZING THE
EXECUTION OF A REAL ESTATE PURCHASE CONTRACT PROVIDING
FOR THE ACQUISITION OF PROPERTY WITHIN THE CITY OF DES
PLAINES REDEVELOPMENT AREA KNOWN AS 520 RIVER ROAD. 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 Becker, seconded by Argus, to concur with
consensus in Executive Session that Staff be authorized
to finalize purchase of 2655 Mannheim Road, Andy Parashos
and Andy Parashos Trust, through Agreed Final Judgment
Order, in the amount of $544,000; property to become part
of the Mannheim/Higgins -TIF #6 Redevelopment Proj ect
Area; possession to be determined as soon as possible
after acceptance of the Final Judgment Order; and further
recommend to adopt Resolution R-124-03, A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREED FINAL JUDGMENT
ORDER PROVIDING FOR THE ACQUISITION OF PROPERTY WITHIN
THE CITY OF DES PLAINES REDEVELOPMENT AREA TIF #6 KNOWN
AS 2655 MANNHEIM ROAD. 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 amend the order
of business to bring to the floor Item 2 under Unfinished
Business regarding the reconsideration of a motion
approved on November 3, 2 0 0 3, regarding 32 0 W. Touhy
Avenue. Motion declared carried.
Moved by Beauvais, seconded by Sayad, to RECONSIDER
motion approved by the City Council on November 3, 2003,
as follows:
"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"
Alderman Brookman stated that she objects to this
reconsideration; 60 days were agreed to; we need further
time to study this site.
Moved by Sayad, seconded by Argus, to call for the
question. Motion declared carried. Alderman Brookman
voted no.
Motion declared carried on the motion to reconsider.
Aldermen Brookman and Smith voted no.
Alderman Brookman stated that you don't have the
authority to move forward without more information.
Moved by Becker, seconded Sayad,
question. Motion declared carried.
and Smith voted no.
to call
Aldermen
for the
BrookmanD
320 TOUHY
(Cont'd.)
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
PAGE THREE
052
11/17/03
Upon roll call on the reconsidered motion from November
3, 2003, the vote was:
AYES: 1-Smi th
NAYS: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Becker, seconded by Sayad, to adopt a substitute
motion that Second Reading of Ordinance Z-27-03, 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), be placed on the December 1, 2003 agenda
for adoption under Unfinished Business.
Moved by Brookman, seconded by Smith, to AMEND the
substitute motion that Ordinance Z-27-03 regarding a
Variation for property located at 320 W. Touhy Avenue be
referred back to the Des Plaines Zoning Board for further
review.
Moved by Becker, seconded by Sayad,
question. Motion declared carried.
and Smith voted no.
to call for the
Aldermen Brookman
Upon roll call on Alderman Brookman's amended motion, the
vote was:
AYES: 2-Brookman, Smith
NAYS: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Upon roll call on Alderman Becker's substitute motion,
the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Argus
NAYS: 2-Brookman, Smith
ABSENT: 0-None
Motion declared carried.
Aldermen Sayad requested that Items 9 and 9a be removed
from the Consent Agenda; Alderman Murphy requested that
Item 17 be removed; and Alderman Beauvais requested that
Item 18 be removed.
Moved by Beauvais, seconded by Murphy, to establish a
Consent Agenda except for Items 9, 9a, 17 and 18.
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. Staff recommendations and
requests were approved; Ordinances M-74-03, M-75-03 and
Z-33-03 were adopted; Ordinances M-79-03, M-80-03, M-81-
03, M-82-03, T-14-03, T-15-03, Z-36-03, Z-37-03 and Z-38-
03 were placed on First Reading; and Resolutions R-115-
03, R-116-03, R-117-03, R-118-03. R-119-03, R-120-03 and
R-121-03 were adopted.
Moved by Brookman, seconded by Beauvais, to approve
minutes of the regular meeting of the City Council held
November 3, 2003, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to approve
minutes of the Executive Session of the City Council held
November 3, 2003. Motion declared carried as approved
unanimously under Consent Agenda.
LIC. AGREE./
323 AMHERST:
Consent
Agenda
Ordinance
M-79-03
LIC. AGREE./
1378 PERRY:
Consent
Agenda
Ordinance
M-80-03
LIC. AGREE./
441 COURTESY:
Consent
Agenda
Ordinance
M-81-03
PARKING
RESTRICTION/
ACRES LANE:
Consent
Agenda
Ordinance
T-14-03
PARKING
RESTRICTION/
OXFORD ROAD:
Consent
Agenda
Ordinance
T-15-03
PAGE FOUR
053
11/17/03
Moved by Brookman, seconded by Beauvais, 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
323 Amherst Avenue; Mayor and City Clerk be authori zed
to execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-79 -03,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH PROPERTY OWNER DONALD HAND FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 323 AMHERST AVENUE ,
DES PLAINES, ILLINOIS. Motion declared carried a s
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais , to concur with
Staff recommendation to grant request t o permi t
installation of an underground sprinkler system in t he
City-owned right-of-way adjacent to property located at
1378 Perry Street; Mayor and City Clerk be authori zed to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-80-03,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH PROPERTY OWNER R. FRANCZAK AND
ASSOCIATES FOR THE INSTALLATION OF AN UNDERGROUND LAWN
SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF
1378 PERRY STREET, DES PLAINES, ILLINOIS. Mo tion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Beauvais, 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
441 Courtesy Lane; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-81-0 3,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH PROPERTY OWNER RIDVAN ALKA FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 441 COURTESY LANE ,
DES PLAINES, ILLINOIS. Motion declared carried a s
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
recommendation of Staff Traffic Advisory Committee (STAC)
to amend Title 7, Chapter 3, Section 7-3-3 -"Parki ng
Prohibited in Designated Places" of the City Code, t hat
no parking be permitted on both sides of the publicly
maintained segment of Acres Lane, Dempster Street south
240'; and further recommend to place on First Reading
Ordinance T-14-03, AN ORDINANCE AMENDING TITLE 7, "MOTOR
VEHICLES AND TRAFFIC" CHAPTER 3, "STOPPING, STANDING AND
PARKING" SECTION 3, "PARKING PROHIBITED IN DESIGNATED
PLACES" OF THE CITY OF DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman seconded by Beauvais, to concur with
recommendation of Staff Traffic Advisory Committee ( STAC )
to amend Title 7, Chapter 3, Section 7-3-3 -"Parking
Prohibited in Designated Places" of the City Code, that
no parking be permitted on the east side of Oxford Road,
Oakton Street to Forest Avenue; and further recommend to
place on First Reading Ordinance T-15-03, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER
3, "STOPPING, STANDING AND PARKING" SECTION 3, "PARKING
PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DE S
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
ZONING CASES
03-58-A
03-59-A AND
03-60-A
MAP AMEND./
300 & 302 N.
WESTERN AND
1100 N.W.
HIGHWAY:
Consent
Agenda
Ordinances
Z-36-03
Z-37-03
Z-38-03
PROPERTY
TAX LEVY
DETERMINA. :
Resolution
R-114-03
VEH. ENFORCE.
AGREEMENT/
SCHOOL
DISTRICT 62:
Consent
Agenda
Resolution
R-115-03
VEH. ENFORCE.
AGREEMENT/
2993 CURTIS:
Consent
Agenda
Resolution
R-116-03
PAGE FIVE
054
11/17/03
Moved by Brookman, seconded by Beauvais, to concur with
recommendation of Des Plaines Plan Commission to approve
Map Amendment to rezone property located at 300 Western
Avenue (Zoning Case 03-58-A) and 302 Western Avenue
(Zoning Case 03-59-A) from M-2 General Manufacturi ng
District to R-4 Central Core Residential District; rezone
property located at 1100 Northwest Highway (Zoning Case
03-60-A) from R-4 Central Core Residential to M-2 General
Manufacturing District; all contingent upon petitioner
making visible progress toward establishing itself on
these sites within one (1) year or the zoning district
will revert to the current zoning district; and further
recommend to place on First Reading:
Ordinance Z-36-03, AN ORDINANCE GRANTING A REQUEST FOR
A MAP AMENDMENT FROM M-2 GENERAL MANUFACTURING TO R-4
CENTRAL CORE RESIDENTIAL AT 300 WESTERN AVENUE;
Ordinance Z-37-03, AN ORDINANCE GRANTING A REQUEST FOR
A MAP AMENDMENT FROM M-2 GENERAL MANUFACTURING TO R-4
CENTRAL CORE RESIDENTIAL AT 302 WESTERN AVENUE; and
Ordinance 38-03, AN ORDINANCE GRANTING A REQUEST FOR A
MAP AMENDMENT FROM R-4 CENTRAL CORE RESIDENTIAL TO M-2
GENERAL MANUFACTURING FOR A PORTION OF THE PROPERTY
LOCATED AT 1100 NORTHWEST HIGHWAY.
Motion declared carried as approved unanimously unde r
Consent Agenda.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation that pursuant to the Cook County Truth In
Taxation Act, Public Act 910523, the public is hereby
notified that the City intends to consider a 2003
Property Tax Levy of 4. 8% or $19, 989, 186; a public
hearing will be held on this matter on December 1, 2003;
and further recommend to adopt Resolution R-114-03 , A
RESOLUTION OF THE CITY COUNCIL TO NOTIFY THE PUBLIC THAT
IT INTENDS TO HAVE A 2003 PROPERTY TAX LEVY. 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 that Mayor and City Clerk be
authorized to execute Agreement for Enforcement of
Municipal Ordinances on Private Property with School
District #62, 777 Algonquin Road, for police, traffic and
parking enforcement on all properties occupied by School
District #62 located in Des Plaines; and further
recommend to adopt Resolution R-115-03, 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 TITLES 5 "PUBLIC HEALTH AND
SAFETY" 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND
TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE
CITY OF DES PLAINES AND SCHOOL DISTRICT 62 FOR ALL
PROPERTIES OCCUPIED BY SCHOOL DISTRICT 62 LOCATED IN DES
PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Agreement for Enforcement of
Municipal Ordinances on Private Property with Buckhorn
Ranch Mobile Home Park, for police, traffic and parking
enforcement on property located at 2993 Curtis Street;
and further recommend to adopt Resolution R-116-03, 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
TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE
REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE
CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES
R-116-03
(Cont'd.)
VEH. ENFORCE.
AGREEMENT/
1500 LEE:
Consent
Agenda
Resolution
R-117-03
VEH. ENFORCE.
AGREEMENT/
1155 OAKTON:
Consent
Agenda
Resolution
R-118-03
VEH. ENFORCE.
AGREEMENT/
1515-1591 s.
LEE STREET:
Consent
Agenda
Resolution
R-119-03
VEH.ENFORCE.
AGREEMENT/
640-650 w.
ALGONQUIN:
Consent
Agenda
Resolution
R-120-03
PAGE SIX
055
11/17/03
PLAINES AND BUCKHORN RANCH MOBILE HOME PARK LOCATED AT
2993 CURTIS STREET, DES PLAINES, ILLINOIS FOR PARKING
ENFORCEMENT. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Agreement for Enforcement of
Municipal Ordinances on Private Property with Oak Leaf
Commons, for police, traffic and parking enforcement on
property located at 1500 S. Lee Street; and further
recommend to adopt Resolution R-117-03, 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 TITLES 5 "PUBLIC HEALTH AND
SAFETY," 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND
TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE
CITY OF DES PLAINES AND OAK LEAF COMMONS LOCATED AT 1500
SOUTH LEE STREET, DES PLAINES, ILLINOIS FOR PARKING
ENFORCEMENT. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Agreement for Enforcement of
Municipal Ordinances on Private Property with K-Mart
Corporation, for police, traffic and parking enforcement
on property located at 1155 E. Oakton Street; and further
recommend to adopt Resolution R-118-03, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOI S,
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMEN T
OF MUNICIPAL ORDINANCES UNDER TITLES 5 "PUBLIC HEALTH AND
SAFETY," 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND
TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE
CITY OF DES PLAINES AND K-MART CORPORATION LOCATED AT
1155 EAST OAKTON STREET, DES PLAINES, ILLINOIS FOR
PARKING ENFORCEMENT. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Agreement for Enforcement of
Municipal Ordinances on Private Property with The Oaks
Shopping Center, for police, traffic and parking
enforcement on property located at 1515-1591 S. Lee
Street; and further recommend to adopt Resolution R-119-
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
TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE
REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE
CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES
PLAINES AND THE OAKS SHOPPING CENTER, LOCATED AT 1515-
1591 SOUTH LEE STREET, DES PLAINES, ILLINOIS FOR PARKING
ENFORCEMENT. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Agreement for Enforcement of
Municipal Ordinances on Private Property with Colonial
Park Apartments, for police, traffic and parking
enforcement on property located at 640-650 W. Algonquin
Road; and further recommend to adopt Resolution R-120-03,
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
TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE
REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE
CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES
PLAINES AND COLONIAL PARK APARTMENTS LOCATED AT 640-650
WEST ALGONQUIN ROAD, DES PLAINES, ILLINOIS FOR PARKING
ENFORCEMENT. Motion declared carried as approved
unanimously under Consent Agenda.
COPS HOMELAND
SECURITY
PROG. GRANT:
Consent
Agenda
Resolution
R-121-03
FINAL PLAT/
FLORES SUB.
1086 E. ROSE:
REDUCTION OF
PUB. IMPRV.
SURETY/
KOLBIARZ-
DiFRANCO
SUBDIVISION
358-390
BELLAIRE:
BID AWARD/
FIRE COM
INTERCOM
SYSTEM:
Consent
Agenda
LIQ. LIC.
UPDATE:
Consent
Agenda
Ordinance
M-82-03
ORDINANCE
M-74-03
PROHIBIT
POTABLE
GROUNDWATER-
TIF #3:
Consent
Agenda
PAGE SEVEN
056
11/17/03
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that City accept COPS Homeland
Security Overtime Program Grant #20030MWX0174 from the
U.S. Department of Justice, Office of Community Oriented
Policing Services (COPS) to pay for officer overtime
during homeland security training sessions and other law
enforcement activities that are designed to assist in the
prevention of acts of terrorism and other violent crimes ,
in the amount of $80,928 with the City providing matchi ng
funds in the amount of $26,976/Customs Seizure Funds ;
Mayor and City Clerk be authorized to execute a ll
necessary documents; and further recommend to adopt
Resolution R-121-03, A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO AUTHORIZE MATCHING FUNDS IN THE AMOUNT
OF $26,976 FOR ACCEPTANCE OF A COPS HOMELAND OVERTIME
PROGRAM GRANT AWARD. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Sayad, to concur wi t h
recommendation of Des Plaines Plan Commission to approve
Final Plat for Flores Subdivision, 1086 E. Rose Avenue;
and Mayor and City Clerk be authorized to execute same.
Motion declared carried. Alderman Murphy voted no.
Moved by Beauvais, seconded by Murphy, to POSTPONE until
December 1, 2003, the request for Reduction of Public
Improvement Surety by 20.7% or $175,132.50 for M.
Kolbiarz and P. Difranco Subdivision, 358-390 Bellaire
Avenue, at Church Street, contingent upon petiti oner
submitting an amended Letter of Credit in the amount of
$670,543.50.
Following discussion, moved by Beauvais, seconded by
Murphy, 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.
Motion declared carried on Alderman Beauvais' motion to
postpone.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation to award bid for Purchase and
Installation of Firecom Intercom System for Seven (7)
Vehicles to the lowest bidder, Miner Electronics, 2313
Oakleaf Street, Joliet, IL 60436, in the total bid amount
of $18,592/2003 Foreign Fire Tax Funds. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Mayoral recommendation to amend Title 4, Chapter 4 -
"Intoxicating Liquors," Section 4-4-5 of the City Code
to delete one ( 1) Class B Bulk Sales Dealers Liquor
License, because a Class B license for 1924 Mannheim Road
was NOT approved by the City Council on November 3, 2003
(Ordinance M-54-03); and further recommend to place on
First Reading Ordinance M-82-03, 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 SUBTRACT ONE CLASS B LIQUOR
LICENSE -HOUSEKEEPING ACTION. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to adopt
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.
ORDINANCE
M-75-03
KEEP D.P.
BEAUT!. COMM.
MEMBERSHIP:
Consent
Agenda
ORDINANCE
Z-33-03
TEXT AMEND./
DOMESTIC PET
SERVICE:
Consent
Agenda
ORDINANCE
M-79-03
LIC. AGREE./
323 AMHERST:
ORDINANCE
T-14-03
PARKING
RESTRICTION/
ACRES LANE:
ORDINANCE
T-15-03
PARKING
RESTRICTION/
OXFORD ROAD:
WARRANT
REGISTER:
PAGE EIGHT
057
11/17/03
Moved by Brookman, seconded by Beauvais, to adopt
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 Beauvais, to adopt
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 DOMESTIC PET SERVICE AS A CONDITIONAL USE
AND 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 Smith, seconded by Christiansen, to advance to
Second Reading and adopt Ordinance M-79-03, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH PROPERTY OWNER DONALD HAND FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 323 AMHERST AVENUE,
DES PLAINES, ILLINOIS. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: o-None
Motion declared carried.
Moved by Beauvais, seconded by Sayad, to advance to
Second Reading and adopt Ordinance T-14-03, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER
3, "STOPPING, STANDING AND PARKING" SECTION 3, "PARKING
PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF 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 Murphy, seconded by Sayad, to advance to Second
Reading and adopt Ordinance T-15-03, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER
3, "STOPPING, STANDING AND PARKING" SECTION 3, "PARKING
PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES
PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Murohv, seconded by Becker, to recommend to the
City Council approval of the November 17, 2003 -Warrant
Register, in the total amount of $3,037,909.74; and
further recommend that Resolution R-122-03 be adopted
at appropriate time this evening. Motion declared
carried.
LEGAL & LICENSING -Alderman Smith, Chair
LIQ. LIC./
1141C AND D
LEE ST.:
PARKING PAD
VARIATION/
274 DOVER
LANE:
PARKING PAD
VARIATION/
277 DOVER
LANE:
DOUBLE PERMIT
FEE FINE:
RECESS:
PAGE NINE
058
11 /17/03
Mr. Blagorodna B. Johnjorov, petitioner for new Class A
Tavern Liquors Dealers License for property located at
114 lC and D Lee Street was sworn in by City Clerk
McAllister and gave testimony before the Committee of the
Whole.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation and recommend to the City Council t o
approve a new Class A Tavern Liquors Dealers License for
property located at 1141C and D Lee Street, d/b/a Mehana
Restaurant; contingent upon verification of fingerprints;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried.
BUILDING CODE -Alderman Christiansen, Chair
Alderman Argus stated that this property is in her Ward;
this neighborhood is very unique; there is a lack of
parking; the petitioner wants to do this in the correct
manner; he needs to have this parking; she will be voting
for this request.
Following discussion, moved by Argus, seconded by Sayad,
to recommend to the City Council to grant request to
permit construction of a 17' wide x 18-1/2' long parki n g
pad in the front yard of property located at 274 Dover
Lane. Motion declared carried. Aldermen Christiansen
and Smith voted no.
Moved by Sayad, seconded by Argus, to recommend to the
City Council to grant request to permit expansion of an
existing on-street parking space approximately 2' into
the front yard of property located at 277 Dover Lane.
Motion declared carried. Aldermen Christiansen and Smi t h
voted no.
City Attorney Wiltse reviewed his memo of November 6,
2003, which gave a brief history of the discussions that
have been held in the past on what penalty should apply
if a citizen does work without obtaining a permit.
Alderman Christiansen stated that patios should be
included, not just driveways and parking pads; the
resident should be required to pay the penalty or remove
the work that was installed.
Alderman Murphy stated that the amount of the penalty for
people who violate the ordinance should be emphasized;
the City should establish a residential fine and a
commercial fine.
Moved by Sayad, seconded by Becker, to recommend to the
City Council that the matter of what penalty should apply
if a citizen does work without obtaining a permit be
referred to the Building Code Committee and Staff for
further review, i.e. classify the various types of
permits, structure a tiered level in which the more
expensive or complex permits would generate a higher
penalty, and report back to the Committee of the Whole.
Motion declared carried.
Moved by Becker, seconded by Smith, to call for a five
(5) minute recess. Motion declared carried.
The Committee of the Whole recessed at 9:05 p.m.
The Committee of the Whole reconvened at 9:10 p.m.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
ZONING CASE
03-42-PUD-A
PRELIMINARY
PUD/
551 LEE ST.
TUCKER-FREED:
11/17/03
PAGE TEN
Alderman Becker reviewed this request for approval of a
preliminary Planned Unit Development (PUD) for property
located in the area of 551 Lee Street -Metropolitan
Square, Zoning Case 03-42-PUD-A, which had been postponed
on October 20, 2003; this is a joint venture between t h e
City, Tucker Development Corporation, 513 Central Avenue ,
#400, Highland Park, IL 60035, and Joseph Freed &
Associates, LLC, 1400 S. Wolf Road, Building 100,
Wheeling, IL 60090.
Alderman Becker stated that a petition was received b y
the City requesting that pedestrian walkway (pocket park )
not be made into a street. Alderman Becker stated that
this area will have a wide street because it is very
important to have access from Miner Street for exposure
to the retailers in the back.
Alderman Becker stated that new development will include
a Shop N' Save grocery store; this will be a 35,000 sq.
ft. full service store that will include a bakery, de li
and liquor area.
Mr. Dennis Harder, representing Joseph Freed &
Associates, addressed the Committee of the Whole and gave
a brief presentation of the proposed development; this
9. 7 3-acre site will be completely reshaped to incl ude the
grocery store, retail stores, a health club and a five -
level parking garage with 446 spaces; there will also be
a condominium building and a dedicated central plaza wi th
benches, trees, brick paved sidewalks and lights creating
a friendly and safe atmosphere for pedestrians.
Alderman Sayad stated that this is a fine project; there
have been several public meetings on this proj ect; t h is
will benefit our whole City; the developers are hop ing
to begin in April of 2004 and finish i n November of 2005.
Alderman Beauvais stated that it is very important that
the post office stay in the downtown area; if you need
her help to get this message to the post office, just l e t
her know.
Mrs. Eva Jakubowski, along with her husband, Cezar, are
owners of the Shop N' Save; she gave a brief overview of
what the store will look like and the services it will
offer.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation and recommend to the City Council, re
Zoning Case 03-42-PUD-A, to approve Preliminary Planned
Unit Development (PUD) -Metropolitan Square, in the area
of 551 Lee Street (Lee Street, Perry Street, Des Plaines
River Road and Jefferson Street).
Mr. Ronald Moore, 1480 Jefferson Street , addressed t h e
Committee of the Whole asking about the smoke house and
what the difference is between a Letter of Intent and a
contract. Mr. Harder said the smoke house is in their
Niles Shop N' Save store; and the Letter of Intent is an
understanding between all parties and then it will be put
into writing.
Mr. Moore asked how people will get into the parking
deck, and he thinks the traffic study needs to done b y
another company.
Mr. John Hoffman, 1470 Jefferson Street, addressed the
Committee of the Whole asking if there are any pending
law suits. Alderman Becker said that all the properties
will be obtained by the deadline date.
TUCKER-FREED
(Cont'd.)
MINUTES/
10/20/93
AS AMENDED:
KLAEREN
CASE
PROCEDURES:
WARRANT
REGISTER:
Resolution
R-122-03
LIQ. LIC./
1141C AND D
LEE ST.:
PAGE ELEVEN
060
11/17/03
Mrs. Catherine Young, 1200 White Street, addressed the
Committee of the Whole stating that she is the owner of
the Clip & Curl Beauty Salon in the pocket park on Miner
Street; the original plans for this development did not
show that the pocket park would be gone and now they do;
why can't you save my area?; where is she going to go?
Alderman Brookman stated that she doesn't doubt that this
is going to be a good project; she likes the mix that has
been incorporated; she is very happy with the grocery
store; she does think, however, that this project will
have a serious financial impact on our City; we will be
giving a deal of money to the developers for incentives;
this is why she will have a problem voting for this
project.
Alderman Becker asked the developers what their
investment will be in this project. Mr. Rich Tucker,
representing Tucker Development, said they are investing
$50 million; we are taking more risk than we anticipated.
Upon roll call on Alderman Sayad's original motion to
approve, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Murphy, to amend the minutes
of the regular meeting of the City Council held October
20, 2003, as follows: Page Eleven, Second Paragraph, Line
23 and Line 24 -DELETE " ... be authorized to review the
issue ... " and INSERT" ... have a plan ... " and approve the
minutes as amended. Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole held November
10, 2003, that City Attorney be authorized to review the
aldermen's suggestions and comments regarding the Rules
of Procedure for Public Hearings as they pertain to the
Klaeren Case, i.e. notification area for matters coming
before the Des Plaines Zoning Board of Appeals and Plan
Commission; and report back to the Committee of the Whole
with recommendation in December, if possible. Motion
declared carried.
Moved by Sayad, seconded by Murphy, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-122-03, 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:
$3,037,909.74. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Moved by Smith, seconded by Argus, to concur with
recommendation of Committee of the Whole to approve a new
Class A Tavern Liquors Dealers License for property
located at 1141C and D Lee Street, d/b/a Mehana
Restaurant; contingent upon verification of fingerprints;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried.
PARKING PAD
VARIATION/
274 DOVER
LANE:
PARKING PAD
VARIATION/
277 DOVER
LANE:
DOUBLE PERMIT
FEE FINE:
ZONING CASE
03-42-PUD-A
PRELIMINARY
PUD/
551 LEE ST.
TUCKER-FREED:
RECONSIDER./
FINAL PLAT
ZOLADZ SUBD.
1779 CORA:
ADJOURNMENT:
PAGE TWELVE
061
11/17/03
Moved by Beauvais, seconded by Becker, to concur with
recommendation of Committee of the Whole to grant request
to permit construction of a 17' wide x 18-1/2' long
parking pad in the front yard of property located at 274
Dover Lane. Motion declared carried. Aldermen
Christiansen and Smith voted no.
Moved by Beauvais, seconded by Becker, to concur with
recommendation of Committee of the Whole to grant request
to permit expansion of an existing on-street parking
space approximately 2' into the front yard of property
located at 277 Dover lane. Motion declared carried.
Aldermen Christiansen and Smith voted no.
Moved by Christiansen, seconded by Brookman, to concur
with recommendation of Committee of the Whole that the
matter of what penalty should apply if a citizen does
work without obtaining a permit be referred to the
Building Code Committee and Staff for further review,
i.e. classify the various types of permits, structure a
tiered level in which the more expensive or complex
permits would generate a higher penalty; and report back
to the Committee of the Whole. Motion declared carried .
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning Case
03-42-PUD-A, to approve Preliminary Planned Unit
Development (PUD) -Metropolitan Square, in the area of
551 Lee Street (Lee Street, Perry Street, Des Plaines
River Road and Jefferson Street). Motion declared
carried. Alderman Brookman voted no.
Moved by Argus, seconded by Becker, that reconsideration
of the following motion that was approved by the City
Council on November 3, 2003, be placed on the December
15, 2003 agenda under Unfinished Business:
"Moved by Argus, seconded by Christiansen, to DENY
approval of Final Plat for Roman Zoladz Subdivision, 1779
Cora Street.n Motion declared carried. Alderman
Christiansen voted no.
Moved by Becker, seconded by Sayad, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:40 p.m.
Donna McAllister, MMC -CITY CLERK
APPROVED BY ME THIS
DAYO~ ' 2003
Anthony~-Arredia, MAYOR