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12-01-2003062 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, DECEMBER 1, 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, December 1, 2003. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Also present were: City Manager Niemeyer, Assistant City Manager-EDC Director Schneider, Director of Finance Egeberg, Acting Police Chief Prandini, Fire Chief Farinella, Director of Engineering Oakl ey, Dire ctor of Public Works Dusckett, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: RECOGNITION: PUBLIC HEARING/ 2003 TAX LEVY: CALL TO ORDER: DISCUSSION: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia introduced members of the Des Plaines Preservation Society, Joan Kuersten, Sandy Kangas and Doug Bean, who presented awards to the winners of their Kids Art & Essay Contest: Melissa Goetter, Nitya Murthy, Eduardo Cortes, Scott Chapp, and Paulina Szczepaniak. Mayor Arredia introduced Andrew Samborski, representing Knights of Columbus Father Linden Council, No. 3627 of Des Plaines, who presented a plaque of appreciation to Mayor Arredia and Alderman Tom Becker for their generous support of the Council's Mental Retardation/ Learning Disability Tootsie Roll Drive. Mayor Arredia introduced Javier Zavala, a student at Algonquin Middle School, who was a regional winner in the Home of the Free photo contest which was created to help 7th and gth graders learn about ci vies and photo journalism. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 1 , 2003 Mayor Arredia called the Public Hearing to order at 7:14 p.m. The Public Hearing was being held pursuant to legal notice to discuss the proposed property tax levy increase for the City of Des Plaines for 2003 tax year levy, in the amount of $18,505,790, which represents a 5.1% increase over the previous year. Director of Finance Egeberg stated that the amount of the tax levy can be adjusted when this matter is discussed on December 2, 2003. Mayor Arredia asked for public comment. There was none. Further act ion on this matter under Committee of the Whole l ater i n t he meeting. The Publi c Hearing was adjourned at 7 :16 p.m. The City Council reconvened at 7:17 p.m. CITIZEN PARTICIPA. : PARKING PAD VARIATION/ 2003 PINE: AMEND ORDER OF BUSINESS: ORDINANCE Z-27-03 AS AMENDED VARIATION/ 320 TOUHY: RECESS: CONSENT AGENDA: PAGE TWO 063 12 /1 /03 Ms. Nancy O'Toole, 1234 White Street, addressed the City Council asking Alderman Christiansen (her alderman) how he can vote for the Second Ward when he won't have a Ward meeting. Alderman Christiansen said he did send her an E-mail today and would be happy to talk to her about this after the meeting. Mr. Michael Mickelsen, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council stating that the aldermen should listen to their mayor who recently suggested that the post off ice on Oakton Street be moved because of the traffic congestion; the new high rise being planned on Oakton Street will cause even more traffic; listen to your mayor. Mr. Joe Bagdonas, 400 W. Touhy Avenue, Lot 456, addressed the City Council stating that he filed a Freedom of Information request on October 24, 2003 and what he got back was a joke; you withheld information; he has filed a $5 million law suit for violation of the Freedom of Information Act request and an additional $5 million in punitive damages against the City. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that the Marine Corps collect unwrapped new toys for the holidays; they could use some assistance; Mayor Arredia is allowing the toys to be collected here at City Hall; hopefully you will keep us in mind when you do your shopping; thank you for your generosity. Moved by Becker, seconded by Sayad, to POSTPONE (as requested by the petitioner) until January 5, 2004, the matter of a Parking Pad Variation for 2003 S. Pine Street, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Moved by Becker, seconded by Argus, to amend the order of business to bring to the floor Item 2 under Unfinished Business regarding the adoption of Ordinance Z-27-03. Motion declared carried. Moved by Becker, seconded by Murphy, to adopt 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) . Moved by Sayad, seconded by Becker, question. Motion declared carried. and Smith voted no. to call for the Aldermen Brookman Upon roll call on the original motion, 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, to call for a five (5)-minute recess. Motion declared carried. The City Council recessed at 7:35 p.m. The City Council reconvened at 7:41 p.m. City Clerk McAllister requested that Item 1 be removed from the Consent Agenda, and Alderman Smith requested that Items 2 through 20 be removed. This action left no items remaining on the Consent Agenda. MINUTES/ REGULAR MEETING: MINUTES/ EXECUTIVE SESSION: YEAR 2003 TAX LEVY/ SPEC. SVS. AREA #3: Ordinance M-83-03 YEAR 2003 TAX LEVY/ SPEC. SVS. AREA #4: Ordinance M-84-03 YEAR 2003 TAX LEVY/ SPEC. SVS. AREA #5: Ordinance M-85-03 LA QUINTA DEV. AGREE./ TIF #6: Resolution R-125-03 PAGE THREE 064 12 /1/03 Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council requesting that the minutes of the regular meeting of the City Council held November 17, 2003 be amended as follows: Page Two, Paragraph Two, the address should read 520 River Road, not 520 Perry Street; and TIF #1 should read TIF #5. Moved by Sayad, seconded by Murphy, to approve minutes of the regular meeting of the City Council held November 17, 2003 -AS AMENDED on Page Two, Paragraph Two, that the address read 520 River Road, not 520 Perry Street; and TIF #1 should read TIF #5. Motion declared carried. Moved by Smith, seconded by Becker, to approve minutes of the Executive Session of the City Council held November 17, 2003. Motion by Alderman Brookman that approval of the minutes of the Executive Session of the City Council held November 17, 2003, be POSTPONED until December 15, 2003, DIED FOR LACK OF A SECOND. Motion declared carried on the original motion. Moved by Smith, seconded by Becker, to concur with Staff recommendation to approve Year 2003 Tax Levy for Speci a l Service Area Number Three (Cumberland Townhomes, 140-150 Northwest Highway), in the amount of $13,000, as provided in Ordinance M-42-94; and further recommend to place on First Reading Ordinance M-83-03, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THREE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004. Motion declared carried. Moved by Smith, seconded by Sayad, to concur with Staff recommendation to approve Year 2003 Tax Levy for Special Service Area Number Four (Woodland Townhomes, 1560-1568 Woodland Avenue) in the amount of $2,000, as provided in Ordinance M-11-9 5; and further recommend to place on First Reading Ordinance M-84-03, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004. Motion declared carried. Moved by Smith, seconded by Becker, to concur with Staff recommendation to approve Year 2003 Tax Levy for Special Service Area Number Five (Westfield Drive Water Main) in the amount of $3,782, as provided in Ordinance M-30-03; and further recommend to place on First Reading Ordinance M-85-03, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004. Motion declared carried. Moved by Smith, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Development Agreement with La Quinta Properties, Inc., 909 Hidden Ridge, Suite 600, Irving, TX 75038, for the property in TIF #6 bounded by Mannheim Road, Pratt Avenue, the Wisconsin Central Railroad and the Northwest Tollway; and further recommend to adopt Resolution R-125-03, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND LA QUINTA PROPERTIES, INC. FOR THE CONSTRUCTION OF A LA QUINTA HOTEL. 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. PEERS PHASE 2 GRANT AGREE./ ILLINOIS COMMERCE COMMISSION: Resolution R-126-03 REDUCTION OF SURETY/ KOLBIARZ & Di FRANCO SUB. , 358-90 BELLAIRE: VEHICLE STICKER SUPPLIES: BID AWARD/ EMERG. VEH. PREEMPTION SYSTEMS: BID AWARD/ HEATERS AND A.C. SYSTEMS/ FIRE STA. 1: PAGE FOUR 065 12/1 /03 Moved by Smith, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Public Education and Enforcement Research Study (PEERS): Phase 2 Grant Award Agreement , #ICC-2003- PEERS-5, from the Illinois Commerce Commission, i n the amount of $40, 000 to conduct a public educati on and enforcement campaign targeted at reducing or eliminating pedestrian and motor vehicle railroad grade crossing traffic violations; and further recommend to adopt Resolution R-126-03, A RESOLUTION APPROVING THE EXECUTION OF THE PUBLIC EDUCATION AND ENFORCEMENT RESEARCH STUDY (PEERS): PHASE 2 GRANT AWARD AGREEMENT WITH THE ILLINOIS COMMERCE COMMISSION AND THE CITY OF DES PLAINES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT . 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 Smith, seconded by Becker, to concur with Staff recommendation to grant 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 petitioner submitting an amended Letter of Credit in the amount of $670,543.50. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Christiansen, seconded by Sayad, that a different logo be on the vehicle sticker every year; and that a contest be held with all the schools for the logo design. Motion declared carried. Moved by Christiansen, seconded by Sayad, to accept proposal from Rydin Decal, 660 Pond Drive, Wood Dale, IL 60191, for the purchase of vehicle sticker supplies, in the total amount of $5, 087. SO/Budgeted 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 Smith, seconded by Becker, to concur with Staff recommendation to award bid for Installation of 2003 Emergency Vehicle Preemption Systems to the lowest bidder, Meade Electric Company, 2215 S. York Road, Suite 304, Oak Brook, IL 60521, in the total bid amount of $107,600 (funded with $71,575 remaining from a $75,000 Illinois First Grant, $15,000 from Police Customs Seizure Funds, and $21,025 from Motor Fuel Tax Funds). 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 Smith, seconded by Sayad, to concur with Staff recommendation to award bid for Purchase and Installation of Three (3) Sterling Gas-Fired Unit Heaters and Two (2) Carrier-Bryant Heating and Air-Conditioning Systems for Fire Station #1, to the lowest bidder, Gartner Heating & Cooling, 6412 Lincoln Avenue, Morton Grove, IL 60053, in the total bid amount of $18,400/2003 Budgeted Funds. Upon roll call, the vote was: BID AWARD (Cont'd.) APPOINTMENT/ POLICE CHIEF: APPOINTMENT/ DIR. OF HUM. RES. & SVS.: ORDINANCE M-86-03 LIQ. LIC./ 1141 LEE: ORDINANCE M-80-03 LIC. AGREE./ 1378 PERRY: ORDINANCE M-81-03 LIC. AGREE./ 441 COURTESY: ORDINANCE M-82-03 DELETE A CLASS B LIQ. LICENSE: ORDINANCE Z-36-03 MAP AMEND./ 300 WESTERN: PAGE FIVE AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. 066 12/1/03 Moved by Murphy, seconded by Sayad, to concur with consensus in Executive Session on November 17, 2003 to approve Mayoral appointment of Jim Prandini as Chief of Police, effective immediately. Motion declared carri e d . Moved by Brookman, seconded by Smith, to concur wi t h consensus in Executive Session on November 17, 2003 to approve Mayoral appointment of Jason Bajor as Director of Human Resources and Services, effective immediately. Motion declared carried. Moved by Smith, seconded by Christiansen, to place on First Reading Ordinance M-86-03, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5, "NUMBER OF LICENSES LIMITED" OF THE CITY CODE OF DES PLAINES TO ADD ONE CLASS A LIQUOR LICENSE FOR VITOSHA 65, INC. D/B/A MEHANA RESTAURANT, LOCATED AT 1141 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried. Moved by Smith, seconded by Becker, to adopt 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. 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 Smith, seconded by Becker, to adopt Ordinance M-81-03, 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. 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 Smith, seconded by Becker, to adopt 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. 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 Smith, seconded by Becker, to adopt 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 (CASE 03-58-A) . Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. ORDINANCE Z-37-03 MAP AMEND./ 302 WESTERN: ORDINANCE Z-38-03 MAP AMEND./ 1100 N.W. HIGHWAY: WARRANT REGISTER: 2003 TAX LEVY: HIRING OF HEALTH INS. CONSULTANT/ AD HOC COMMITTEE: PAGE SIX 067 12/1/03 Moved by Smith, seconded by Becker, to adopt 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 (CASE 03-59-A) . Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Becker, to adopt Ordinance Z-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 (CASE 03-60-A) . Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. 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 December 1, 2003 - Warrant Register -AS AMENDED, in the total amount of $3,255,718.34; and further recommend that Resolution R- 127-03 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Egeberg reviewed his memo of November 20, 2003, and stated that he is recommending that the property tax levy ordinance be approved and placed on First Reading tonight in the amount of $19,989,186, which includes the Debt Service, and represents a 4.8% increase over last year. Moved by Murphy, seconded by Becker, to concur with Staff recommendation and recommend to the City Council to approve the 2003 Property Tax Levy in the amount of $19,989,186; and Ordinance M-87-03 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Sayad stated that the Staff is recommending that they do a complete report of the Employee Medical Fund (EMF), which will have an estimated fund balance deficit of $2.2 million at the end of 2003, and then report back to the City Council to determine if an outside consultant should be hired to review the problem with the fund. Alderman Murphy stated that time is of the essence; we should move ahead and hire a consultant; the Staff could do their own audit too. Moved by Murphy, seconded by Sayad, to recommend to the City Council that Staff be authorized to hire an outside consultant to audit the Employee Medical Trust Fund at a cost not-to-exceed $15,000/General Funds-Legislative. Motion declared carried. STORMWATER MASTER PLAN: PAGE SEVEN ENGINEERING -Alderman Argus, Chair 068 12/1/03 Director of Engineering Oakley gave a power point presentation which consisted of a summary of the projects and funding alternatives. Alderman Argus stated that she would like to see a City- wide plan that would include alleys and front yard flooding. Alderman Murphy stated that this should be done on a project by project basis. Moved by Sayad, seconded by Becker, to recommend to the City Council to approve a City-wide Stormwater Master Plan which would be implemented project by project with a funding recommendation for each project. Mr. Dennis Mongoven, 618 Sandy Lane, addressed the Committee of the Whole stating that they have flooded a lot; they have been dealing with flooding for 35 years; the only way we can fix it is to address what we are going to do; this is a bad area. Mrs. Cathy Frame, 382 S. Cumberland Parkway, addressed the Committee of the Whole stating that she is concerned that Areas #2, 3, 4 and 12 are going to be draining into Weler Creek. Director of Engineering Oakley said yes they will, that is a natural drainage, however there would be storage included and it would be at a different rate. Mrs. Frame stated that she is against water going into Weller Creek. Mr. George Lobb, 530 Amherst Avenue, addressed the Committee of the Whole stating the cost figures presented tonight look like they are 5 to 10 years old; these do not look like current figures; he doesn't think these figures will cover the cost; he is not against this plan but look at the costs carefully. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating his concern about the condition of the North School playground; they have put in some drainage but it is not enough; water is a big problem in this area; it has to be corrected; it is dangerous for the children. Mr. Jim Vinci, 1481 Marshall Drive, addressed the Committee of the Whole stating that he has spoken here before about flooding; it does seem like a lot of money, but if you break it down per person, it is not that much; some streets were engineered incorrectly; streets are not the residents responsibility; please give this careful consideration. Alderman Brookman stated that she agrees that the City should start somewhere but we should start with reliable information; we should send out a questionnaire to each home; we must make sure that when we act it is based on factual information; she will be voting no because it is the prudent thing to do. Substitute motion by Alderman Brookman that the Stormwater Master Plan not be approved until each home in the City is contacted, DIED FOR LACK OF A SECOND. Moved by Argus, seconded by Becker, to call for the question. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSENT: 0-None Motion declared carried. STORMWATER (Cont'd.) REQUEST FOR RECONSIDER./ ORDINANCE Z-27-03: ORDINANCE Z-35-03 MAP AMEND./ 1601, 1603 & 1609 HILLS AVE.: WARRANT REGISTER: Resolution R-127-03 ORDINANCE M-87-03 2003 TAX LEVY: PAGE EIGHT 069 12/1/03 Upon roll call on Alderman Sayad's orignal 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 Alderman Brookman requested that one (1) of the six (6) aldermen who voted to adopt Ordinance Z-27-03 earlier in the evening change their vote. None of the six ( 6) aldermen spoke. Moved by Beauvais, seconded by Becker, that Ordinance Z- 35-03 be AMENDED as follows: --petitioner must submit a fully dimensioned and detailed site plan and separate landscape plan for staff review, to the Architectural Commission for comments and approval, before applying for a building permit; --petitioner shall have one access to Hills Avenue, on the west lot and all exiting traffic to Hills Avenue shall be limited to left-hand out turn only and right turn in; petitioner agrees to the placement of a restricted access median similar to the drawings submitted as the staff recommended; petitioner shall notify the residents of the Architectural Commission meeting so that the residents may have input to the landscaping at the time of the Architectural Commission's approval; --petitioner must construct a landscape buffer along the entire Hills Avenue frontage for Architectural Commission approval and the fence on the east side of the property per the Zoning Code; --there shall be no driveways, access or exit from the Lipp Family Trust property onto Hills Avenue; the driveway constructed on Hills Avenue for the use of the proposed development from Bosco property shall be restricted to right turn in and left turn out only; and ADOPT Ordinance Z-35-03 AS AMENDED/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). 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 Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-127-03, 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: $3,255,718.34. 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 Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-87-03, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004. Motion declared carried. STORMWATER MASTER PLAN: HIRING OF HEALTH INS. CONSULTANT: REQUEST FOR RECONSIDER./ ORDINANCE Z-27-03: ADJOURNMENT: PAGE NINE 070 12/1/03 Moved by Argus, seconded by Becker, to concur with recommendation of Committee of the Whole to approve a City-wide Stormwater Master Plan which would be implemented project by project with a funding recommendation for each project. 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 Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole that Staff be authorized to hire an outside consultant to audit the Employee Medical Trust Fund at a cost not-to-exceed $15,000/General Funds-Legislative. 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. Alderman Smith requested that one ( 1) of the six ( 6) aldermen who voted to adopt Ordinance Z-27-03 earlier in the evening change their vote. Alderman Smith stated that he would like this matter remanded back to the Des Plaines Zoning Board of Appeals to allow for an opportunity for expert witnesses. None of the six (6) aldermen spoke. Moved by Beauvais, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:01 p.m. ~@a~ Donna McAllister, MMC CITY CLERK APPROVEf __ BY ME THIS __ l _( __ _ DAY OF , 2003 Anth~ia, MAYOR