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04-19-2004168 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, APRIL 19, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 19, 2004. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais and Brookman were absent. Alderman Beauvais arrived at 7:01 p.m. Alderman Brookman arrived at 7:11 p.m. Also present were: City Manager Niemeyer, Director of Finance Egeberg, Police Chief Prandini, Deputy Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Deputy Director of Community Development Molinari, Development Specialist Hogensen and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA. : The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia presented a Certificate of Appreciation to Maine West High School student Jacob "Jake" Steffan for his emergency efforts and quick response in the application of Cardiac Pulmonary Resuscitation (CPR ) to a referee at a recent basketball game. Mayor Arredia announced that the Des Plaines Library was awarded a $30, 000 LSTA grant for a series of poetry workshops for area middle school and high school students; Maggie Mueller and Tommy Thomas from Algonquin Middle School performed their duet poem, and Stephanie Gonzalez from Maine West High School performed her poem. Mayor Arredia introduced State Senator Susan Garrett who announced that the City of Des Plaines was recently given a $500,000 member initiative grant for road improvements by the Illinois Department of Transportation; Mayor Arredia thanked Senator Garrett and our other local legislators for their efforts on our behalf. Mrs. Dolores Vels, 1019 Wicke Avenue, addressed the City Council stating that the members of the Des Plaines Citizens for Responsible Development would like to thank Aldermen Beauvais and Brookman for their support regarding the height of the Riviera building; you showed a lot of fairness and integrity; the Klaeren Rules were not followed; this City is not a City of Destiny, it is a City of "done deals." Mr. Pierre Blanchard, 1556 Whitcomb Avenue, addressed the City Council stating that he has a great deal of respect for the City Council, but he questions how you can look at the indiscretion of Assistant City Manager Bill Schneider for something he did in his 20s; didn't you take into consideration all he has done for the City?; we have all made mistakes. Mr. Ken Marek, 324 Alles Street, addressed the City Council stating that he has complained before about inspectors approving fences that are in violation of the Code; who resolves these problems when they are not up to Code; someone should take a look at the record keeping procedures. CONSENT AGENDA: MINUTES: Consent Agenda SALE OF CITY PROPERTY/ NWMC AUCTION: Consent Agenda Ordinance M-23-04 ZONING CASE 03-79-PUD PLANNED UNIT DEVELOPMENT/ 1100 N.W. HIGHWAY: Ordinance Z-16-04 PAGE TWO 169 4/19/04 City Clerk McAllister stated that a resident would like to have Items S and Sa removed from the Consent Agenda and she would like to remove Item 10; Alderman Brookman requested that Item 13 be removed. Moved by Sayad, seconded by Murphy, to establish a Consent Agenda except for Items 5, Sa, 10 and 13. Motion declared carried. Moved by Christiansen, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-18-04 and Z-2-04 were adopted; Ordinance M-23-04 was placed on First Reading; and Resolutions R-51-04, R-S2- 04, R-53-04, R-S4-04 and R-56-04 were adopted. Moved by Christiansen, seconded by Beauvais, to approve minutes of the Special meeting of the City Council held March 29, 2004, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held April 5, 2004, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to approve minutes of the Exe cu ti ve Session of the City Council meeting held April S, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation to authorize to sell by auction at the annual Northwest Municipal Conference Surplus Auction to be held Saturday, May 1, 2004, 10:00 a.m., Schaumburg Public Works Facility, 714 S. Plum Grove Road, Schaumburg, ten (10) surplus vehicles that are deemed no longer necessary or useful to or for the best interest of the City; and further recommend to place on First Reading Ordinance M-23-04, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Agenda. Mrs. Dolores Vels, Des Plaines Citizens for Responsible Development, 1019 Wicke Avenue, addressed the City Council asking why this development is not taller than seven (7) stories; this is in the downtown area; it should be taller. It was stated that the petitioner did not request a taller building. Moved by Christiansen, seconded by Becker, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 03-79-PUD, to grant request for approval of Preliminary Planned Unit Development (PUD) with conditions, for property located at 1100 Northwest Highway (at Western Avenue) in R-4 Central Core Residential District; and further recommend to place on First Reading Ordinance Z-16-04, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 3.S OF THE CITY OF DES PLAINES ZONING ORDINANCE LOCATED AT 1100 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (CASE 03-79-PUD). Motion declared carried. PURCHASE & INSTALLATION/ WATER METERS: Consent Agenda Resolution R-51-04 Resolution R-52-04 VEHICLE ENFORCEMENT AGREEMENT/ 130-180 N.W. HWY.: Consent Agenda Resolution R-53-04 RESERVE 2004 BONDS VOLUME CAP: Consent Agenda Resolution R-54-04 COPIER LEASE AGREEMENT/ XEROX POLICE DEPT . : Consent Agenda Resolution R-56-04 PAGE THREE 170 4/19/04 Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Badger Meters, Inc., 4545 W. Brown Deer Road, Milwaukee, WI 53224, for the purchase of 332 radio transmitting water meter devices in the amount of $50,722/Budgeted Funds, and it would be in the best interest of the City that usual bid procedures be waived because Badger Meters, Inc. has provided meters to the City since 1977 and approximately 95% of the City meters are Badger; and accept proposal from United Meters, Inc., 385 E. Hoover Street, P.O. Box 518, Morris, IL 60450, to install these 332 meters, in the amount of $15,936/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived because United Meters, Inc. is a factory authorized installer of Badger Meters; and further recommend to adopt: Resolution R-51-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL BY BADGER METER, INC. TO PURCHASE RADIO TRANSMITTING WATER METER DEVICES FOR THE CITY OF DES PLAINES; and Resolution R-52-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL BY UNITED METERS, INC. TO INSTALL RADIO TRANSMITTING WATER METER DEVICES FOR THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, 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 for police , traffic and parking enforcement for property located at 130-180 Northwest Highway, Village Court Townhouses; and further recommend to adopt Resolution R-53-04, 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 VILLAGE COURT TOWNHOUSES LOCATED AT 130-180 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that City be authorized to reserve its entire 2004 volume cap allocation for Tax- Exempt Activity Bonds in the amount of $4,698,560 ($80 per City's population), until the City has the opportunity to solicit users for these bonds within Des Plaines or sell the "cap" to other municipalities; if this "cap" is not reserved before May 10, 2004, the City would lose this cap back to the State of Illinois for their use; and further recommend to adopt Resolution R- 54-04, A RESOLUTION RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Sixty-Month Lease Agreement with Xerox Corporation, 2301 W. 22nd Street, Suite 300, Oak Brook, IL 60523, for a WorkCentre Pro 65 Copy Machine for the Police Department at an annual not-to-exceed cost of $10,476, which includes maintenance/Computer Replacement Fund; lease to be effective May 3, 2004 through May 3, 2009; and further recommend to adopt Resolution R-56-04, A RESOLUTION AUTHORIZING THE EXECUTION OF A SIXTY-MONTH LEASE FOR A COPY MACHINE BETWEEN XEROX AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT/ ROMAN ZOLADZ RESUBDIV. 1779 CORA: DRIVEWAY VARIATION/ 421 CORNELL: Consent Agenda PATIO VARIATION/ 2063 SUNSET: Consent Agenda REPAIR AND REPAINTING/ FIRE ENGINE ~ APPOINTMENTS/ REAPPOINT . : Consent Agenda 4/19 /04 PAGE FOUR Moved by Becker, seconded by Argus, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Roman Zoladz Resubdi vision, 1779 Cora Street (at Everett Avenue); contingent upon the petitioner not requesting any variation for houses built on this property; and Mayor and City Clerk be authorized to execute same. Motion declared carried. Aldermen Beauvais and Murphy voted no. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit enlargement of existing driveway to 18' x 30' long that would be wider than existing garage in the front yard of property located at 421 Cornell Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit construction of a patio 24' wide and extend 21' from the building foundation (Code prohibits patios from extending more than 15' from the building foundation ), in the rear yard of property located at 2063 Sunset Drive. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Becker, to accept estimate from Mid-America Truck & Equipment, 625 S. Route 83 , Elmhurst, IL 60126, to perform paintwork and structural repairs to the cab and body of Fire Engine #63, at the estimated cost of $7,312.50 (City's portion of the repaint; BUT NOT authorize the repainting of t he t op of the cab until there is a picture of what it will look like. Upon roll call, the vote was AYES: 2-Murphy, Brookman NAYS: 6-Beauvais, Christiansen, Sayad, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to accept estimate from Mid-America Truck & Equipment, 625 S. Route 83, Elmhurst, IL 60126, to perform paintwork and structural repairs to the cab and body of Fire Engine #63, at the estimated cost of $7,312.50 (City's portion of the repaint) and an additional $3,983 to repaint the top of the cab/all costs from Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived as Mid- Arnerica is the manufacturer's authorized repair facility. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Beauvais, to approve Mayoral appointments/reappointments as follows: Appointments: SPECIAL EVENTS COMMISSION Gayle Mountcastle, term to expire August 31, 2004 Richard Gravesmill, term to expire August 31, 2004 Reappointments: CIVIL SERVICE COMMISSION Ellen Yearwood, term to expire April 30, 2007 ECONOMIC DEVELOPMENT COMMISSION Barry Collins, term to expire April 30, 2008 Tom Green, term to expire April 30, 2008 Ramon Sanchez, term to expire April 30, 2008 Chuck Van Hyning, term to expire April 30 , 2008 Motion declared carried as approved unanimously Consent Agenda. under ORDINANCE M-18-04 VEHICLE IMMOBILIZA. AMENDMENTS (BOOT) : Consent Agenda ORDINANCE T-2-04 SNOW ROUTES: Consent Agenda ORDINANCE M-23-04 SALE OF CITY PROPERTY/ NWMC AUCTION: ORDINANCE Z-16-04 PLANNED UNIT DEVELOPMENT/ 1100 N.W. HIGHWAY: WARRANT REGISTER: AMEND ORDER OF BUSINESS: PAGE FIVE 172 4/19/04 Moved by Christiansen, seconded by Beauvais, to adopt Ordinance M-18-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 9, "VEHICLE IMMOBILIZATION AND IMPOUNDMENT FOR VIOLATIONS" SECTION 2, "ELIGIBILITY FOR IMMOBILIZATION AND IMPOUNDMENT" OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to adopt Ordinance T-2-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 3, "STOPPING, STANDING AND PARKING" SECTION 3, "PARKING DURING SNOW REMOVAL OPERATIONS" OF THE CITY OF DES PLAINES CITY CODE. Moti on declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-23-04, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. 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 advance to Second Reading and adopt Ordinance Z-16-04, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UN I T DEVELOPMENT (PUD) UNDER SECTION 3.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE LOCATED AT 1100 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (CASE 03-79-PUR). 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 Murohv, seconded by Christiansen, that Invoice #39581 -Christopher B. Burke Engineering, in the amount of $7,845.10 and Invoice #39643 -Christopher B. Burke Engineering, in the amount of $1,017.75, be removed from the Warrant Register and held until May 3, 2004, and approve April 19, 2004 -Warrant Register, AS AMENDED, in the total amount of $3,087,011.24; and further recommend that Resolution R-55-04 be adopted at appropriate time this evening. Motion declared carried. Moved by Smith, seconded by Becker, to amend the order of business to bring to the floor Items 2 and 3 under Unfinished Business regarding the adoption of Ordinances Z-14-04 and Z-15-04. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION ORDINANCE Z-14-04 MAP AMEND./ LEE-PERRY- RIVER-MINER: ORDINANCE Z-15-04 PLANNED UNIT DEVELOPMENT/ LEE-PERRY- RIVER-MINER: PLACEMENT OF "CITIZEN PARTICIPAT." ON AGENDA: PAGE SIX 173 4/19/04 Moved by Becker, seconded by Argus, to adopt Ordinance Z-14-04 -AS AMENDED, AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM C-3 GENERAL COMMERCIAL TO C-5 CENTRAL BUSINESS FOR THE METROPOLITAN SQUARE DOWNTOWN REDEVELOPMENT (CASE 03-42-PUD-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 Becker, seconded by Christiansen, to adopt Ordinance Z-15-04 -AS AMENDED, AN ORDINANCE GRANTING A REQUEST FOR FINAL APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR THE METROPOLITAN SQUARE DOWNTOWN REDEVELOPMENT (CASE 03-42-PUD). Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNICL WAS NOW RESOLVED BACK INTO A COMMITTEE OF THE WHOLE LEGAL & LICENSING -Alderman Smith, Chair Alderman Becker stated that he is in favor of moving "Citizen Participation" to the end of the meeting; people have things on the agenda; sometimes that requires their bringing their attorney which they have to pay for. Alderman Brookman stated that we never know when a meeting will end so citizens would have to wait until 11:00 p.m. or 12 midnight before they can speak; this would discourage public input; if it is the intention to silence the voices of the people, it will be very effective; maybe we should move the presentations to another portion of the agenda or to another night; she is totally against moving this to the end of the meeting. Alderman Sayad stated that people can always contact their alderman or the City Staff if they have concerns; moving it will not stop a new fire station; more paramedics; more ambulances; the Library referendum failed twice and now we have a Library that is the envy of the North Suburban Library System with a professional board and staff; this was done because of the foresightedness of you -our leaders; this is something that is needed. Alderman Christiansen stated that he agrees with Aldermen Becker and Sayad; our Citizen Participation is very liberal; some communities do not allow anyone to speak if they are not a resident; some people just want the TV time when their concern could be solved with a phone call; he is in favor of moving this to the end of the meeting. Alderman Beauvais stated that she would rather see Citizen Participation in a setting where people can get answers to their questions and concerns; she doesn't care where that would be on the agenda. Alderman Argus stated that the aldermen receive their packets ahead of time; we have time to call the Staff to get the answers to questions; the meetings are very long; the residents should call ahead and talk to their alderman or the city manager; she will vote to put it at the end of the meeting. CITIZEN PART. (Cont'd. ) PARKING PAD VARIATION/ 755 YORKSHIRE: PAGE SEVEN 174 4/19/04 Alderman Smith stated that this is a forum for the citizens and it should be at the beginning of the meeting; he doesn't think any alderman wants to stop citizens from speaking. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating years ago people had to wait until after the meeting to speak to their alderman but they would leave; they you put it at the front and there have been no problems; if you move it there will be problems; leave it where it is. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that residents have a right to come up here and speak; we have something to say; why don't you have these poeple sign in first and then you have written comments. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that all this is just a smoke screen to stifle citizen comments and undermine the democratic process; many good things have come out of citizen comments; he objects to you thinking that citizens want to "showboat;" you "showboat" a lot of times; you should control the time for yourselves too. Moved by Murphy, seconded by Smith, to recommend to the City Council that "Citizen Participation" remain at the beginning of the meeting agenda. Upon roll call, the vote was: AYES: 4-Beauvais, Murphy, Brookman, Smith NAYS: 4-Christiansen, Sayad, Becker, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Sayad, seconded by Christiansen, to recommend to the City Council that "Citizen Participation" be moved after Committee of the Whole and before Unfinished Business on the meeting agenda. Upon roll call, the vote was: AYES: 4-Christiansen, Sayad, Becker, Argus NAYS: 4-Beauvais, Murphy, Brookman, Smith ABSENT: 0-None MOTION DECLARED FAILED. BUILDING CODE -Alderman Christiansen, Chair Deputy Director of Community Development Molinari reviewed his memo of February 24, 2004, regarding request for a variation to permit enlargement of existing driveway to create a parking pad 8' x 25.5' long in the front yard of property located at 755 Yorkshire Lane. Alderman Christiansen stated that he has not abided by the Code; he has parked his trailer on the grass and has been ticketed. Petitioner Paul Dubek addressed the Committee of the Whole stating that he has a petition from neighbors that they have no objection to this request. A resident at 555 Concord Lane is representing a few homeowners on Yorkshire Lane; this would not be in character with this neighborhood; his clients want the City to get these trailers out of the neighborhood; this has been an ongoing problem; it will adversely affect the life of neighbors who live on the street. A resident at 760 Yorkshire Lane addressed the Committee of the Whole in opposition to this request. YORKSHIRE (Cont'd.) ZONING CASE 03-76-PUD-A PRELIMINARY PUD & REZON./ 1665 TO 1745 TOUHY: REPORT/ UNDERSIZED LOT 1708 LUNT: PAGE EIGHT 175 4/19/04 Moved by Sayad, seconded by Argus, to recommend to the City Council to DENY request for Variation to Section 10- 1-11 of the Building Code Amendment to permit enlargement of existing driveway to create a parking pad 8' x 25.5' long in the front yard of property located at 7 55 Yorkshire Lane. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed this request, re Zoning Case 03- 7 6-PUD-A, to approve Preliminary Planned Unit Development (PUD) and rezoning from R-1 Single Family Residential District to R-3 Townhouse Residential District for property located at 1665 to 1745 Touhy Avenue. Alderman Becker stated that the petitioner has agreed to add more guest parking spaces; a fence line in the rear of the property and right turn only from Dale Street to Touhy Avenue. Mr. Christiansen Coleman, the Dearborn Buckingham Group, Inc., 2337 N. Commonwealth, Suite 5E, Chicago, IL, addressed the Committee of the Whole and answered questions from the aldermen; they will work with the City's Engineering and Fire departments on all issues; they would like to come back for the final PUD in about 30 days. Mr. Coleman stated that the 44 units will be owner- occupied; there will be 190 parking spaces which is over what is required; they have added 14 more guest parking spaces; they agree to all the conditions on Page 6 and 7 of the Staff memo of January 14, 2004. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating there will be heavy traffic on these streets now; parking is always going to be a problem. Alderman Brookman stated that she would like to see a sprinkler system incorporated into these units; she is in favor of this project but she would like to see sprinklers. Moved by Argus, seconded by Smith, to concur with recommendation of Des Plaines Plan Commission and Staff, and recommend to the City Council, re Zoning Case 03-76- PUD-A, to approve Preliminary Planned Unit Development (PUD) with conditions for property located at 1665 to 1745 Touhy Avenue, and place on First Reading Ordinance Z-17-04 at appropriate time this evening; and approve, in concept, the rezoning from R-1 Single Family Residential District to R-3 Townhouse Residential District of this property (further action on this matter by ordinance at a subsequent City Council meeting) . Motion declared carried. Alderman Becker stated that Section 5. 4-1 of the Des Plaines Zoning Ordinance requires that building permit applicants with undersized lots of record must present their plans for construction to the City Council before a permit may be issued. NO ACTION IS REQUIRED BY THE CITY COUNCIL. Fleming Brothers enterprises has applied for a building permit to construct a single-family house on each of the undersized lots of record on property located at 1708 Lunt Avenue; each lot is 50' x 180' with a total area of 9,000 sq. ft.' based upon the review of the petitioner's plans, the proposed single-family residence for each lot is appropriate for the area. MINUTES/ SPEC. MTG. 3/12/04 AS AMENDED: WARRANT REGISTER: Resolution R-55-04 "CITIZEN PARTICIPAT." ON AGENDA: PARKING PAD VARIATION/ 755 YORKSHIRE: ZONING CASE 03-76-PUD-A PRELIMINARY PUD & REZON./ 1665 TO 1745 TOUHY: Ordinance Z-17-04 PAGE NINE 176 4/19/04 MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith, seconded by Brookman, to approve minutes of the Special meeting of March 12, 2004, with the following amendment: Page One, after the First Paragraph under "CONSIDERATION OF BUSINESS DEVELOPMENT AGREEMENT/GAMING LICENSE," ADD: "City Manager Niemeyer indicated to the City Council that on the previous Wednesday evening telephone calls had been made to as many aldermen as possible by Mayor Arredia asking whether the aldermen would support increasing the offer to Midwest Gaming to $94 million. City Manager Niemeyer indicated that those telephone calls showed that a majority of the aldermen supported such an increase. Midwest Gaming was advised of the result of those telephone calls and adjusted their bid to the Illinois Gaming Board accordingly. Midwest Gaming was also advised that the City Council would need to approve the increase to $94 million at a subsequent City Council meeting." Motion declared carried on the minutes as amended. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-55-04, 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: $3,087,011.24 -AS AMENDED. 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 Brookman, that "Citizen Participation" remain at the beginning of the meeting agenda. Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Brookman, Smith, Arredia NAYS: 4-Christiansen, Sayad, Becker, Argus ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Smith, to concur with recommendation of Committee of the Whole to DENY request for Variation to Section 10-1-11 of the Building Code Amendment to permit enlargement of existing driveway to create a parking pad 8' x 25.5' long in the front yard of property located at 7 55 Yorkshire Lane. Motion declared carried. Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole, Zoning Case 03- 7 6-PUD-A, to approve Preliminary Planned Unit Development (PUD) with conditions for property located at 1665 to 1745 Touhy Avenue, and place on First Reading Ordinance Z-17-04; further approve, in concept, the rezoning from R-1 Single Family Residential District to R-3 Townhouse Residential District of this property (further action on this matter by ordinance at a subsequent City Council meeting). Motion declared carried. Z-17-04 (Cont'd. ) ADJOURNMENT: PAGE TEN 177 4/19/04 Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-1 7-04, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) AND PERMITTED PUD BULK EXCEPTIONS IN ACCORDANCE WITH SECTION 3.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 1665 TO 1745 TOUHY AVENUE, 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 Beauvais, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:44 p.m. ~at1_ Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS DAY OF~--' 2004 Anthony ~kf redia, MAYOR