01-05-2004082
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, JANUARY 5, 2004
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 6:32 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, January 5, 2004.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker and Argus. Aldermen
Beauvais, Brookman and Smith were absent. Alderman
Beauvais arrived at 6:50 p.m. Alderman Brookman arrived
at 7:04 p.m.
Also present were: City Manager Niemeyer, Assistant City Manager-EDC
Director Schneider, Director of Finance Egeberg, Police Chief Prandini,
Fire Chief Farinella, Assistant Director of Engineering Duddles, Director
of Public Works Dusckett, Assistant City Attorney Bartel and City
Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
PRESENTATION:
Moved by Murphy, seconded by Argus, to go into Executive
Session to discuss acquisition of real property. Upon
roll call, the vote was:
AYES: 5-Christiansen, Murphy, Sayad, Becker, Argus
NAYS: 0-None
ABSENT: 3-Beauvais, Brookman, Smith
Motion declared carried.
The City Council recessed at 6:33 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Becker, Argus.
The opening prayer was given by Father Charles Schlax ,
St. Mary Catholic Church, followed by the Pl e d g e of
Allegiance.
Mayor Arredia and Director of Public Works Dusckett
introduced Barry Horner, Pat Carbonara and Don Rawley of
the Public Works Department, and Paul Berner, City's
Plumbing Inspector; Mayor Arredia read letters of
appreciation from residents regarding the assistance
these employees gave them when they had sewer problems.
Mayor Arredia introduced Special Events Commi ssi on
members Edith Behnke, Carol Shannon, Linda Forman and Jim
Wozny who gave a brief review of the New Year's
celebration at the Library that was such a success; the
members thanked the many people who gave so generously
of their time and money.
Aldermen Beauvais and Christiansen, along with Assistant
Director of Engineering Duddles, gave a Powerpoint
presentation on current stormwater and flood control
projects in the City; topics discussed were the O'Hare
Drainage Improvements, Levee 50, Prairie-Farmers Creek
Streambank Restoration, Weller Creek Streambank
Restoration, and the new informational flood control
brochure; through efforts like this, the City's CRS
rating was lowered by 1 point in 2003 and it is
anticipated that it will be lowered even more this year.
ACQUISITION
OF PROPERTY/
2978-3036
ORCHARD:
Resolution
R-1-04
VARIATION/
320 TOUHY
(PLOTE) :
CITIZEN
PARTICIPA. :
PAGE TWO
083
1/5/04
Moved by Becker, seconded by Murphy, to concur with
consensus in Executive Session that the City NOT settle
to purchase 2978-3036 Orchard Street for the Mannheim-
Higgins Redevelopment Project TIF #6; NOT approve
Resolution R-1-04; and proceed with the necessary trial
court action to acquire this property. Upon roll call,
the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
ABSTAIN:l-Sayad (possible conflict of interest)
Motion declared carried.
Alderman Becker stated that the City and the petitioner
for the project at 320 W. Touhy Avenue ( Plote) are
looking at alternative sites for their operation;
negotiations are going on with all parties.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that former mayor, Charles Bolek,
recently died; the flag at City Hall was not lowered or
the building draped with bunting; he did a lot for our
community.
Ms. Mary Rohde, 1718 Webster Lane, addressed the City
Council stating that she lives in the Fifth Ward and
would like to respond to some comments made about
Alderman Brookman, she is promoting the heal th and
welfare of this City; the Plote project does not have the
support of any local legislators; she does not promote
herself; she continues to object to things that are not
good for our City.
Ms. Linda Caruth, 1868 Bennett Place, addressed the City
Council and read her letter (see file) about how the City
Council meetings should be conducted; "Robert's Rules of
Order" should be followed; aldermen should resolve their
problems with each other outside of the City Council
Chambers; they should work together to promote and
develop our City.
A resident at 465 Oak Street addressed the City Council
stating that he lives in the First Ward but wishes that
Alderman Brookman was his alderman; she is lending her
voice to those who don't have one; there is outrageous
behavior on the Council.
Mrs. Dolores Vels, Des Plaines Citizens for Responsible
Development, P.O. Box 2760, Des Plaines, addressed the
City Council stating her concern about the Riviera
Project at 1050 Oakton Street; aesthetically it does not
fit in this area; everyone but Alderman Brookman voted
for it; petitions have been ignored; she would like to
see the Mayor take a stand on the Riviera Project; she
passed out video tapes to each alderman regarding this
matter.
Mr. Joe Bagdonas, 400 W. Touhy Avenue, Lot #456,
addressed the City Council stating that he raised the
issue of the grading of the property at 320 W. Touhy
Avenue at the last meeting; he has turned everything over
to the Department of Natural Resources; what was done
there was illegal; Plote lied to the City Council about
their height request.
Phil, who resides at 446 W. Touhy Avenue, Lot #392,
addressed the City Council stating that this property was
turned down for a concrete plant four (4) or five (5)
years ago; you are more concerned about the height of the
building than the health and welfare of the people.
"CITIZEN
PARTICIPAT."
ON AGENDA:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
LIQ. ORD.
AMENDMENT/
DAY CARE
CENTERS:
Consent
Agenda
Ordinance
M-1-04
ZONING CASE
03-69-MA
MAP AMEND./
205 CENTRAL:
Ordinance
Z-1-04
PAGE THREE
084
1/15/04
Moved by Sayad, seconded by Christiansen, to TABLE the
matter of the placement of "Citizen Participation" on the
agenda scheduled to be discussed under Committee of the
Whole later in the meeting. Motion declared carried.
Alderman Brookman requested that Items 7, 7a, 10, lOa and
19 be removed from the Consent Agenda; Alderman Murphy
requested that Items 14 and 15 be removed.
Moved by Sayad, seconded by Becker,
Consent Agenda except for Items 7, 7a,
and 19. Motion declared carried.
to establish a
10, lOa, 14, 15
Moved by Sayad, seconded by Brookman, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-88-03, M-89-03, M-90-03, M-91-03, M-92-03, M-93-03, M-
94-03, M-95-03, M-96-03, M-97-03, M-98-03 and M-99-03
were adopted; Ordinances M-1-04, M-2-04, Z-2-04, Z-3-04,
Z-4-04 and Z-5-04 were placed on First Reading; and
Resolutions R-2-04, R-3-04 and R-4-04 were adopted.
Moved by Sayad, seconded by Brookman, to approve minutes
of the Special meeting of the City Council held December
3, 2003, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to approve minutes
of the Executive Session of the Committee of the Whole
of the City Council held December 3, 2003. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Brookman, to approve minutes
of the Executive Session of the City Council held
December 3, 2003. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to approve minutes
of the regular meeting of the City Council held December
15, 2003, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to approve minutes
of the Executive Session of the City Council held
December 15, 2003. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to amend Title 4, Chapter 4
"Liquor Control," Section 11 -"Premises Restrictions"
of the City Code to add "public or private school, day
care center ... " for which the 100' restriction would
apply for liquor licenses; and further recommend to place
on First Reading Ordinance M-1-04, AN ORDINANCE AMENDING
TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4, "LIQUOR
CONTROL" SECTION 11, "PREMISES RESTRICTIONS" OF THE DES
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Alderman Brookman requested that the minutes of the Plan
Commission be amended to show the correct zoning
requested. City Manager Niemeyer said that would be
done.
Moved by Brookman, seconded by Becker, to concur with
recommendation of Des Plaines Plan Commission, re Zoning
Case 03-69-MA, to grant request for Map Amendment to
rezone property located at 205 E. Central Road from R-1
Single Family Residential to C-3 General Commercial
District; contingent upon petitioner making visible ~
205 CENTRAL
(Cont'd.)
ZONING CASE
03-70-CU
CONDIT. USE/
205 CENTRAL:
Consent
Agenda
Ordinance
Z-2-04
ZONING CASE
03-73-MA
MAP AMEND./
900, 914 AND
924 LEE:
Consent
Agenda
Ordinance
Z-3-04
Ordinance
Z-4-04
Ordinance
Z-5-04
PAGE FOUR
085
1/5 /04
progres
one (1)
class if
Residen
conditi
exist in
First R
toward establishing itself at this site within
year of passage of this ordinance or the zoning
cation will revert back to R-1 Single-Family
ial District, and petitioner adhere to other
ns re landscaping, lighting and removal of
billboard; and further recommend to place on
ading Ordinance Z-1-04. Motion declared carri e do
Moved b Becker, seconded by Murphy, to advance to Second
Reading and adopt Ordinance Z-1-04, AN ORDINANCE GRANTING
A REQUE T FOR A MAP AMENDMENT FROM R-1 SINGLE FAMILY
RESIDEN IAL TO C-3 GENERAL COMMERCIAL DISTRICT AT 205
EAST CE TRAL ROAD (Case 03-69-MA). Upon roll call, the
vote wa
AYES:
NAYS:
ABSENT:
Motion
7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
0-None
1-Smith
eclared carried.
Moved b Sayad, seconded by Brookman, to concur with
recomme dation of Des Plaines Zoning Board of Appeals,
re Zoni g Case 03-70-CU, to grant request for Conditional
Use to permit construction and operation of a branch bank
and dri e-through facility on property located at 205 E.
Central Road in C-3 General Commercial District (see
Ordinan e Z-1-04) with conditions re fence and remova l
of exis ing pole signage; and further recommend to p l ace
on First Reading Ordinance Z-2-04. Motion declared
carried as approved unanimously under Consent Agenda .
Moved b Becker, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-2-04, AN ORDINANCE GRANTING
A CONDI IONAL USE PERMIT IN ACCORDANCE WITH THE DES
PLAINES ZONING ORDINANCE TO ALLOW FOR A FINANCIAL
INSTITU ION AND DRIVE THROUGH FACILITY LOCATED AT 205
EAST CE TRAL ROAD IN DES PLAINES, ILLINOIS (Case 03-70-
CU). U on roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion eclared carried.
Moved b Sayad, seconded by Brookman, to concur with
recomme dation of Des Plaines Plan Commission, re Zoning
Case 03 7 3-03 , to grant request for Map Amendment to
rezone roperty located at 900, 914 and 924 Lee Street
from C-General Commercial District to R-4 Central Core
Residen ial District; contingent upon petitioner making
visible progress toward establishing itself at these
sites w thin one (1) year of passage of this ordinance
or the zoning classification will revert back to C-3
General Commercial District; petitioner shall adhere to
the si n code per the zoning ordinance; and further
recomme d to place on First Reading Ordinances Z-3-04,
Z-4-04 nd Z-5-04. Motion declared carried as approved
sly under Consent Agenda.
Moved b Becker, seconded by Christiansen, to advance to
Second eading and adopt Ordinance Z-3-04, AN ORDINANCE
GRANTIN A REQUEST FOR A MAP AMENDMENT FROM C-3 GENERAL
COMMERC AL DISTRICT TO R-4 CENTRAL CORE RESIDENTIAL AT
900 LEE STREET (Case 03-73-MA). Upon roll call, the vote
was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion eclared carried.
Moved b Becker, seconded by Argus, to advance to Second
Reading and adopt Ordinance Z-4-04, AN ORDINANCE GRANTING
A REQUE T FOR A MAP AMENDMENT FROM C-3 GENERAL COMMERCI~
LEE STREET
(Cont'd.)
TEXT AMEND./
MAILING
NOITICE
REQUIREMENT:
Ordinance
Z-6-04
CONTRACT/
2004 GIS
DATABASE
SERVICES:
Consent
Agenda
Resolution
R-2-04
FUNDING/
PHASE I METRA
STAR LINE:
Consent
Agenda
Resolution
R-3-04
LOBBYIST
CONTRACT/
ALL-CIRCO:
Consent
Agenda
Resolution
R-4-04
PAGE FIVE
086
1 /5 /04
DISTRICT TO R-4 CENTRAL CORE RESIDENTIAL AT 914 LEE
STREET (Case 03-73-MA). Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
Moved by Becker, seconded by Christiansen, to advance to
Second Reading and adopt Ordinance Z-5-04, AN ORDINANCE
GRANTING A REQUEST FOR A MAP AMENDMENT FROM C-3 GENERAL
COMMERCIAL DISTRICT TO R-4 CENTRAL CORE RESIDENTIAL AT
924 LEE STREET (Case 03-73-MA) . Upon roll call, the vote
was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
Alderman Brookman requested that the proposed ordinance
be amended to increase the distance for notification from
250' to 300' from the lot line in all directions, and
there be a provision to expand this distance if deemed
appropriate.
Moved by Brookman, seconded by Argus, to amend Section
3.1-3 "Notice" of the Zoning Code to add the
requirement that property owners within 300' from the lot
line in all directions of a subject lot of record must
be notified by first class mail of any public hearing
regarding that property for Map Amendments, Conditional
Uses or major variations; include a provision that the
distance may be expanded if deemed appropriate; and
further recommend to place on First Reading Ordinance Z-
6-04 -AS AMENDED. Motion declared carried (further
action on this matter under Consent Agenda on January 19 ,
2004) .
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute contract with GIS Partners, Inc.,
2275 Half Day Road, Suite 350, Bannockburn, IL 60015, to
perform 2004 Geographic Information System (GIS) Database
Services in the not-to-exceed amount of $147,739/2004
Budget; and further recommend to adopt Resolution R-2-04 ,
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT
BETWEEN MUNICIPAL GIS PARTNERS, INC. AND THE CITY OF DES
PLAINES FOR GIS DATABASE SERVICES FOR CALENDAR YEAR 2004.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to approve pledge of not-to-exceed
$20,000/Budgeted Funds for the multi-year time frame of
the planning and implementation efforts by the STAR Line
Municipal Task Force for the Phase I Metra STAR Line; the
Northwest Municipal Conference will administer the funds
on behalf of the Task Force; and further recommend to
adopt Resolution R-3-04, A RESOLUTION FROM THE CITY OF
DES PLAINES APPROVING FINANCIAL PARTICIPATION IN THE
LOCAL PLANNING EFFORT FOR THE PHASE I METRA STAR LINE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute "Agreement for Services" with All-
Circo, Inc., 111 W. Washington Street, Suite 1920,
Chicago, IL 60602, to provide lobbyist services for a two
(2) year period beginning November 1, 2003 and ending
October 31, 2005, in the annual amount of
$70,000/Budgeted Funds; and further recommend to place
on First Reading Resolution R-4-04, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS,
LOBBYIST
(Cont'd.)
UNDERSIZED
LOT/1686
GREENLEAF:
FINAL PLAT/
DARIUSZ SUB.
2254-2258
WEBSTER:
NOVEMBER
ELEC. INSPEC.
SERVICES:
Consent
Agenda
CONCRETE
REPLACEMENT
WORK/PUBLIC
WORKS:
Consent
Agenda
DRIVEWAY
VARIATION/
883
HOLLYWOOD:
Consent
Agenda
VEH. STICKER
LOGO/D.P.
LIBRARY:
ADVERTISING
FOR BIDS:
Consent
Agenda
PAGE SIX
087
1 /5/04
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN ALL-
CIRCO, INC. AND THE CITY OF DES PLAINES FOR LOBB YIST
SERVICES FOR THE CITY OF DES PLAINES. Motion decl a r e d
carried as approved unanimously under Consent Agenda .
Moved by Becker, seconded by Brookman, to concur with
Staff recommendation to approve application for a
building permit to permit construction of a single-family
house on an undersized lot of record, 50' x 180' with a
total lot area of 9,000 sq. ft., on property located a t
1686 Greenleaf Avenue. Motion declared carried.
Aldermen Christiansen, Brookman, Becker, Argus and Ma y o r
Arredia voted yes; Aldermen Beauvais, Murphy and Sa yad
voted no.
Moved by Becker, seconded by Brookman, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Dariusz Subdivision, 2254 and 2258 Webster
Lane; and Mayor and City Clerk be authorized to execute
same. Motion declared carried. Aldermen Christiansen,
Brookman , Becker, Argus and Mayor Arredia voted yes;
Aldermen Beauvais, Murphy and Sayad voted no.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to approve payment to B&F Technical
Code Services, Inc., 2401 W. Hassell Road, Suite 1550,
Hoffman Estates, IL 60195, Invoice #18848, in the amount
of $7, 570/Building & Code Funds, for electrical
inspection services provided in November, 2003. Mo t ion
declared carried as approved unanimously under Consent
Agenda .
Moved by Sayad, seconded by Brookman, to concur wi t h
Staff recommendation to authorize payment to Schroeder
& Schroeder, 7306 Central Park, Skokie, IL 60076 , to
perform some concrete replacement for the Public Works
Department (they were the contractor for the 2003
Sidewalk Replacement Program and honored those prices),
in the total amount of $35,713.70/Various Public Works
Funds. Motion declared carried as approved unanimously
under Consent Agenda .
Moved by Sayad, seconded by Brookman , to concur with
Staff recommendation to grant request for Variati on to
Section 4-7-9 of the Building Code Amendments to permit
construction of a driveway 16' wide at the property line
(Code prohibits driveways that do not lead to a legal
parking area) on property located at 883 Hollywood
Avenue. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Argus, to approve use of
the Friends of the Library logo on the 2004-2005 vehicl e
stickers to commemorate their 50th year of supporting the
Des Plaines Library. Motion declared carried.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Installation of Flashing Beacons
at the Forest Avenue-Wolf Road pedestrian crossing,
returnable by 3:00 p.m., Tuesday, January 20, 2004.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2004 Street Improvements
Contract 1, returnable by 3:00 p.m., Thursday, January
22, 2004. Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE
M-2-04
LIQ. LIC./
1186 LEE:
Consent
Agenda
ORDINANCE
M-88-03
ABATEMENT/
YEAR 2003A &
2003C BONDS:
Consent
Agenda
ORDINANCE
M-89-03
ABATEMENT/
YEAR 2003B
BONDS:
Consent
Agenda
ORDINANCE
M-90-03
ABATEMENT/
YEAR 20030
BONDS:
Consent
Agenda
ORDINANCE
M-91-03
ABATEMENT/
YEAR 2002A
BONDS:
Consent
Agenda
ORDINANCE
M-92-03
ABATEMENT/
YEAR 2001
BONDS:
Consent
Agenda
ORDINANCE
M-93-03
ABATEMENT/
YEAR 2001B &
2001C BONDS:
Consent
Agenda
ORDINANCE
M-94-03
ABATEMENT/
YEAR 2000
BONDS:
Consent
Agenda
ORDINANCE
M-95-03
ABATEMENT/
YEAR 1999
BONDS:
Consent
Agenda
PAGE SEVEN
088
1/5/04
Moved by Sayad, seconded by Brookman, to place on First
Reading Ordinance M-2-04, 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 H-1 LIQUOR LICENSE FOR
EL MARIACHI RESTAURANT LIMITED PARTNERSHIP D/B/A EL
MARIACHI RESTAURANT, LOCATED AT 118 6 LEE STREET, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-88-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2003
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A
AND SERIES 2003C. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-89-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2003
GENERAL OBLIGATION CORPORATE PURPOSE REFUNDING BONDS,
SERIES 2003B. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-90-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2003
TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 20030.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-91-03, ABATEMENT OF THE 2003 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2002A. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-92-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2001
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-93-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2001
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B
AND SERIES 2001C. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-94-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 2000
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-95-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 1999
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
ORDINANCE
M-96-03
ABATEMENT/
YEAR 1998
BONDS:
Consent
Agenda
ORDINANCE
M-97-03
ABATEMENT/
YEAR 1997A,
1997B AND
1997C BONDS:
Consent
Agenda
ORDINANCE
M-98-03
ABATEMENT/
YEAR 1997D
BONDS:
Consent
Agenda
ORDINANCE
M-99-03
ABATEMENT/
YEAR 1996A &
YEAR 1996B
BONDS:
Consent
Agenda
WARRANT
REGISTER:
DISCUSSION.
ALLEY &
BACKYARD
FLOODING:
PAGE EIGHT
089
1/5/04
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-96-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 1998
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-97-03, ABATEMENT OF THE 2003 TAX LEVY FOR THE 1997
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A1
SERIES 1997B AND SERIES 1997C. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-98-03, ABATEMENT OF THE 2003 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997D. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
M-99-03, ABATEMENT OF THE 2003 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS, SERIES 19 9 6A AND
SERIES 1996B. Motion declared carried as approved
unanimously under Consent Agenda.
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 January 5, 2004 -
Warrant Register, in the total amount of $4,384,612.97;
and further recommend that Resolution R-5-04 be adopted
at appropriate time this evening. Motion declared
carried.
ENGINEERING -Alderman Argus, Chair
Alderman Christiansen stated that there will not be a
alley reconstructed in the Second Ward until 2008 and
that will be the only one in the entire 5-year Capital
Improvement Program; we should start allocating money
strictly for alleys; let's do it right.
Assistant City Engineer Duddles said that Staff would
reexamine the project list.
Alderman Christiansen stated that alleys are important
to residents; for some it is their only access to their
garage.
Mayor Arredia stated that there is some grant money
available for these projects; also there is the 1% gas
tax.
Alderman Argus stated that this discussion was just to
update the aldermen on the status of the alley and
backyard improvement projects; this matter will be heard
again by the City Council.
PARKING PAD
VARIATION/
2003 PINE:
ZONING CASE
03-71-TA
TEXT AMEND./
BILLBOARDS
1700 HIGGINS:
PAGE NINE
BUILDING CODE -Alderman Christiansen, Chair
090
1/5/04
Assistant City Manager-EDC Director Schneider reviewed
memo dated December 11, 2003, regarding request to
install an 18' wide parking pad in the front yard of
property located at 2003 S. Pine Street; Staff strongly
recommended against this type of driveway because there
is parking permitted on the west side of Pine Street, as
well as on Howard Avenue; the petitioner does have two
(2) parking spaces in the townhome parking lot on
Chestnut Street but claims he is having difficulty
accessing these spaces; this matter has been postponed
many times, 7/23/03, 11/3/03 and 12/1/03.
Assistant City Manager-EDC Director Schneider stated that
the petitioner has submitted an alternate plan of
locating the parking pad on the Howard Avenue side of his
corner lot; the Staff Traffic Advisory Committee (STAC)
and Staff still agree that this request should be denied;
the existing parking situation is not severe enough to
justify this request.
The petitioner's attorney, Dan Dowd, 701 Lee Street, Des
Plaines addressed the Committee of the Whole and answered
questions from the aldermen.
Moved by Brookman, seconded by Sayad, to recommend to the
City Council to POSTPONE the request for a Parking Pad
Variation for property located at 2003 S. Pine Street
until March 1, 2004, for further review. Motion declared
carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker reviewed this request for a Text
Amendment to the City's Zoning Ordinance by Equity Office
Media Network, 1700 W. Higgins Road, to increase the
number of permitted billboards in the City from 10 to 12
and to increase the height from 80' to 99'; the request
would be site-specific to 1700 W. Higgins Road with only
one (1) billboard exceeding 80'; it would not affect any
of the other 10 billboards which have been approved to
be erected in the City; both the Des Plaines Plan
Commission and Staff recommended against this request.
The petitioner, Paul Simon, Managing Director, Equity
Office Media Network, and his attorney, Dan Dowd, 701 Lee
Street, addressed the Committee of the Whole and answered
questions from the aldermen.
Mr. Paul Simon stated that EOMN will be paying the City
$25, 000 for permit rights for the displays; $30, 000
impact fee; $6,000 annual inspection fee ($8,000 after
10 years); and the City may supply a message to be shown
on one face for one (1) month each year at no charge.
Alderman Brookman stated that the negative comments made
by the Des Plaines Plan Commission and Staff are well
taken; she will be voting no.
Mr. Carl Kowalski, 156 Kathleen Drive, addressed the
Committee of the Whole stating that he is opposed to
billboards; we should say enough and no more; vote no;
it is in direct conflict with the Comprehensive Plan; it
will create a traffic hazard on the tollway;
aesthetically, it will be ugly.
Mr. Wayne Serbin, 8 35 Pearson Street, addressed the
Committee of the Whole stating that the precedent has
been set; if this isn't approved, the City could be sued.
BILLBOARDS
(Cont'd.)
KLAEREN CASE/
PUBLIC
HEARINGS AND
RULES:
PAGE TEN
091
1/5/04
Mr. Joe Bagdonas, 400 W. Touhy Avenue, Lot #456,
addressed the Committee of the Whole stating that you
have a Plan Commission and Zoning Board to advise you;
you can't be an expert in everything; you should take
their advice and act accordingly.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that the City needs the
money we would get from these signs; he doesn't think
this is such a big problem.
Alderman Murphy requested that the record show that she
takes issue with the Staff's subjective opinions as to
what impact this would have on the community; it is not
based on any facts; she requested justification of the
opinion stated in the previous report but it was never
presented; Staff should not be allowed to present their
subjective opinions without it being backed up with
facts.
Alderman Sayad stated that he agrees
Murphy; property values have not gone
Arlington Heights area.
with Alderman
down in the
Moved by Brookman, seconded by Christiansen, to recommend
to the City Council to DENY request for a Test Amendment,
re Zoning Case 03-71-TA.
Moved by Sayad, seconded by Murphy, to adopt a SUBSTITUTE
MOTION to recommend to the City Council, re Zoning Case
03-71-TA, to grant request to increase the number of
permitted billboards from 10 to 12 and to increase the
allowable height of the billboard signs, at the request
of Equity Office Media Network, from 80' to 99', site-
specific for 1700 W. Higgins Road, with only one (1)
billboard exceeding 80' on that site; content of the
billboards be in good taste; and City Attorney be
authorized to draft necessary ordinances. Upon roll
call, the vote was:
AYES: 4-Murphy, Sayad, Becker, Argus
NAYS: 3-Beauvais, Christiansen, Brookman
ABSENT: 1-Smith
Motion declared carried.
LEGAL & LICENSING -Alderman Becker, Vice Chair
City Attorney Wiltse reviewed his memo of December 22,
2003, regarding the "Klaeren v. Lisle" case mandated by
the Illinois Supreme Court and the impact it will have
on the City, i.e. public hearing requirements, rules of
procedure.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that he has reviewed the
Klaeren case; most people understand this; why do we need
the rules; the Staff should state facts and be held
accountable.
City Attorney Wiltse stated that the Plan Commission and
Zoning Board need structure to conduct their meetings.
Mr. Joe Bagdonas, 400 W. Touhy Avenue,
addressed the Committee of the Whole stating
have to have an opinion; you should listen to
nothing is black and white; it is not fair;
represent the people and it should be taken
Lot #456,
that people
the people;
you should
seriously.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
Committee of the Whole stating that he has attended
public hearings; he is concerned about who will be
running the meetings.
KLAEREN
(Cont'd. )
ORDINANCE
M-101-03
CHICAGO
WATER RATE
INCREASE:
WARRANT
REGISTER:
Resolution
R-5-04
PARKING PAD
VARIATION/
2003 PINE:
ZONING CASE
03-71-TA
TEXT AMEND./
BILLBOARDS
1700 HIGGINS:
PAGE ELEVEN
092
1/5/04
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that the City Attorney has
given us notice as to what this new law means; maybe you
don't understand what this means; you have to be
prepared.
Mr. Carl Kowalski, 156 Kathleen Drive, addressed the
Committee of the Whole as the chairman of the Des Plaines
Plan Commission; he is concerned about holding the public
hearings; the Plan Commission will use the rules to run
their meetings but they might need some help. City
Attorney Wiltse said either he or Assistant City Attorney
Bartel would be at their meetings.
There was a discussion on how many aldermen were needed
to call for a public hearing; the proposed ordinance
requires that four (4) aldermen are needed, but since it
takes only three ( 3) aldermen to call for a Special
Meeting of the City Council, it was the consensus of the
aldermen that the ordinance be amended to read three (3).
Moved by Sayad, seconded by Argus, to recommend to the
City Council to authorize a Text Amendment to the City
Code for Conditional Uses, Planned Unit Developments or
major variations regarding public hearings and how it may
be called, as it pertains to the Klaeren case; and
proposed ordinance, as amended, be placed on First
Reading at appropriate time this evening. Upon roll
call, the vote was:
AYES: 4-Murphy, Sayad, Becker, Argus
NAYS: 3-Beauvais, Christiansen, Brookman
ABSENT: 1-Smith
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Beauvais, to adopt Ordinance
M-101-03, AN ORDINANCE AMENDING TITLE 9 , "PUBLIC
UTILITIES" CHAPTER 1, "WATER SYSTEM REGULATIONS" SECTION
7, "RATES" TO INCREASE WATER RATES. Upon roll call , the
vote was:
AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus
NAYS: 2-Murphy, Brookman
ABSENT: 1-Smith
Motion declared carried.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-5-04, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE
AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE
HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$4,384,612.97. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
Moved by Christiansen, seconded by Sayad, to concur with
recommendation of Committee of the Whole to POSTPONE the
request for a Parking Pad Variation for property located
at 2003 S. Pine Street until March 1, 2004, for further
review. Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning Case
03-71-TA, to grant request to increase the number of
permitted billboards from 10 to 12 and to increase the
allowable height of the billboard signs, at the request
of Equity Office Media Network, from 80' to 99', site~
BILLBOARDS
(Cont'd.)
KLAEREN CASE/
PUBLIC
HEARINGS AND
RULES:
Ordinance
Z-7-04
ADJOURNMENT:
PAGE TWELVE
093
1/5/04
specific for 1700 W. Higgins Road, with only one ( 1)
billboard sign exceeding 80' on that site; content of the
billboard be in good taste; and City Attorney be
authorized to draft necessary ordinances. Motion
declared carried (further action on this matter under
Unfinished Business on February 1, 2 0 04) . Aldermen
Murphy, Sayad, Becker, Argus and Mayor Arredia voted yes.
Aldermen Beauvais, Christiansen and Brookman voted no.
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole to authorize a
Text Amendment to the City's Zoning Code for Conditional
Uses, Planned Unit Developments or major variations
regarding public hearings and how they may be called, as
it pertains to the Klaeren case; and place on First
Reading Ordinance Z-7-04 -AS AMENDED, AN ORDINANCE
AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES
ZONING CODE SECTION 3. 4, "CONDITIONAL USES," Section 3. 5,
"PLANNED UNIT DEVELOPMENTS," SECTION 3.6, "VARIATIONS"
AND SECTION 3.7, "AMENDMENTS." Motion declared carried
(further action on this matter under Unfinished Business
on January 19, 2004). Aldermen Murphy, Sayad, Becker,
Argus and Mayor Arredia voted yes. Aldermen Beauvais,
Christiansen and Brookman voted no.
Discussion on the Rules of Procedure will be held under
Committee of the Whole on January 19, 2004.
Moved by Sayad, seconded by Becker, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:41 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS
DAY OF ~.d:JU.<3?( , Anthon~a, MAYOR
2004