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06-21-2004209 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, JUNE 21, 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, June 21, 2004. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Also present were: City Manager Niemeyer, Assistant Director of Finance Jisa, Police Chief Prandini, Fire Chief Farinella, Director of Engineering Oakley, Director of Public Works Dusckett, Acting Director of Community Development Molinari, and Assistant City Attorney Bartel. PRAYER AND PLEDGE: WELCOME: RECOGNITION: PRESENTATION: CITIZEN PARTICIPA. : The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia welcomed the students from Maine West High School who are participating in the City's Clinical Government Program, which is now in its 29th year. Mayor Arredia introduced Betty Stone, Co-President of the Des Plaines Arts Council, who, along with Co-President Donna Catlett and Scholarship Chairman Don Gloor, recognized the following scholarship winners: Cornell Bar, St. Viator High School Cristina Enea, Elk Grove High School Jennifer Moy, Elk Grove High School Jonathan Prue, Elk Grove High School Diana Range, Elk Grove High School Daniel Ruedisueli, Maine West High School Nick Scalise, Jr., Maine West High School Maria Surawska, Maine East High School Kyle Amati, Chippewa Middle School Kathryn Feldkamp, Algonquin Middle School Delia Mendez, North Elementary School Christina Moore, Iroquois Community School Jade Newman, Chippewa Middle School Amanda Wessell, Cumberland Elementary School Police Chief Prandini presented a memorial plaque to Officer Mike Mellenthin, the trainer/partner of police canine -Xenion, who passed away in April, 2004; Police Sergeant Bill Prim and Alex Rothacker, owner/trainer of TOPS Kennels, described the commitment Officer Mellenthin and Xenion made to the police department. Mayor Arredia introduced Special Events Commissioner and Taste of Des Plaines Chairman Linda Forman who gave a brief report on the recently held "Taste of Des Plaines," it was a tremendous success with over 20,000 people in attendance; she thanked the City and the community for their support and participation. Mr. Mike Lake, 1538 Campbell Avenue, addressed the City Council as Jr. Vice Commander VFW Post #2992, inviting everyone to attend the rededication of the Lake Park Memorial Pavilion on Sunday, July 18, 2004 at 1:00 p.m. STUDY/SITE OF NEW FIRE STATION: CONST. MGR. / FIRE STATION LEE ST & PROSPECT: ZONING CASE 03-57-V VARIATION/ 2839 SCOTT: ZONING CASE 03-80-FPV FLOOD PLAIN VARIATION/ 436 COLUMBIA: CONSENT AGENDA: MINUTES: Consent Agenda PAGE TWO 210 6/21/04 Moved by Beauvais, seconded by Sayad, to TABLE the Public Safety Committee Report regarding a study for the site of a new fire station scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Alderman Smith voted no. Moved by Beauvais, seconded by Sayad, to TABLE t he Committee of the Whole (Public Safety) recommendation , deferred on June 7, 2004, regarding Construction Manager Services for Fire Station #2 Headquarters, Lee Street and Prospect Avenue, scheduled to be discussed under Unfinished Business later in the meeting. Motion declared carried. Alderman Smith voted no. Moved by Becker, seconded by Sayad, to POSTPONE until July 6, 2004, the matter of Zoning Case 03-57-V, 2839 Scott Street, scheduled to be discussed under Committe e of the Whole later in the meeting. Motion declared carried. Moved by Becker, seconded by Sayad, to POSTPONE until July 6, 2004, or until it is determined whether a Klaeren Hearing will be necessary, the matter of Zoning Case 03- 80-FPV, 436 Columbia Avenue, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Alderman Murphy requested that Items 3 and 3a be removed from the Consent Agenda. Moved by Sayad, seconded by Becker, to Consent Agenda except for Items 3 and declared carried. establish a 3a. Motion Moved by Brookman, seconded by Argus, 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 Z-21-04, Z-22-04, Z-23-04 and Z-24-04 were adopted; Ordinances M-39-04, M-40-04, T-5-04, T-6-04 , Z-26-04 , Z- 27-04, Z-28-04 and Z-29-04 were placed on First Reading; and Resolutions R-74-04, R-75-04 , R-76-04, R-77-04 and R-79-04 were adopted. Moved by Brookman, seconded by Argus, to approve minutes of the regular meeting of the City Council held June 7, 2004, as published. Motion declared carried as approved unanimously under Consent Agenda. ;.,,of Moved by Brookman, seconded by Argus, to approve minutes ii~ '1/ of the Exe cu ti ve Session of the City Council meeting held ~""· ·11.... liq pe ;n 1 200 4. Motion declared carried as approved Y//f unanimously under Consent Agenda. GEN. WAGE INCREASE/ NON-UNION EMPLOYEES: Ordinance M-38-04 Alderman Murphy stated that she is against this increase; she does not agree with a cost-of-living plus merit increases. Aldermen Sayad stated that he is also against this, and Alderman Argus stated that she voted against an increase during the budget hearings. Moved by Christiansen, seconded by Smith, to concur with Staff recommendation to amend Title I, Chapter 8, Section 1-8-4, Schedules I-A, I-B, I-C, II-A, II-B, III, IV-A, IV-B, V-A, V-B, VI-A, VI-B and VII, of the City Code to grant a 3.5% general wage increase for non-union personnel (excluding management positions) effective May 1, 2004; and further recommend to place on First Reading Ordinance M-38-04, AN ORDINANCE AMENDING SCHEDULE I "PUBLIC SAFETY PERSONNEL/UNIONIZED," INTO SCHEDULES I-A "PUBLIC SAFETY PERSONNEL-FIRE-UNION," I-B "PUBLIC SAFEpP1 GEN. WAGE (Cont'd. ) PREVAILING WAGE RATES: Consent Agenda Ordinance M-39-04 LICENSE AGREEMENT/ 715 SHAWN: Consent Agenda Ordinance M-40-04 PARKING RESTRICTION/ PEARSON ST . : Cons. Agenda Ordinance T-5-04 PAGE THREE 211 6/21/04 PERSONNEL-POLICE-UNION," AND I-C "PUBLIC SAFETY PERSONNEL-EMERGENCY COMMUNICATIONS-UNION;" AMENDING SCHEDULE I-A "PUBLIC SAFETY SUPERVISORY PERSONNEL/ UNIONIZED" INTO SCHEDULES II-A "PUBLIC SAFETY SUPERVISORY PERSONNEL-FIRE-UNION," AND II-B "PUBLIC SAFETY SUPERVISORY PERSONNEL-POLICE-UNION;" AMENDING SCHEDULE I-B "PUBLIC SAFETY SUPERVISORY PERSONNEL/NON-UNIONIZED ," INTO SCHEDULE III "PUBLIC SAFETY SUPERVISORY PERSONNEL- FIRE, POLICE & EMERGENCY COMMUNICATIONS-NON-UNION; "AMENDING SCHEDULE II, "CLERICAL, ACCOUNTING AND MISCELLANEOUS PERSONNEL/UNIONIZED," INTO SCHEDULE IV-A "CLERICAL, ACCOUNTING AND MISCELLANEOUS PERSONNEL-UNION;" AMENDING SCHEDULE II-A "CLERICAL, ACCOUNTING AN D MISCELLANEOUS PERSONNEL/NON-UNIONIZED," INTO SCHEDULE IV- B "CLERICAL, ACCOUNTING AND MISCELLANEOUS PERSONNE L-NON- UNION;" AMENDING SCHEDULE III "TECHNICAL, ENGINEERING AN D INSPECTION PERSONNEL/UNIONIZED," INTO SCHEDULE V-A TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL-UNION;" AMENDING SCHEDULE III-A "TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL/NON-UNIONIZED," INTO SCHEDULE V-B "TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL-NON- UNION;" AMENDING SCHEDULE IV "LABOR AND TRADES PERSONNEL/UNIONIZED," INTO SCHEDULE VI-A "PUBLIC WORKS PERSONNEL-UNION;" AMENDING SCHEDULE IV-A "LABOR AN D TRADES SUPERVISORY PERSONNEL/NON-UNIONIZED ," I NTO SCHEDULE VI-B "PUBLIC WORKS SUPERVISORY PERSONNEL-NON- UNION;" AND SCHEDULE V "MANAGEMENT PERSONNEL /NON- UNIONIZED," INTO SCHEDULE VII "MANAGEMENT PERSONNEL-NON- UNION," OF SECTION 1-8-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 8, TITLE I, OF THE CITY CODE OF DES PLAINES, BE AMENDED TO REFLECT TITLE CHANGES TO THE SCHEDULE CLASSIFICATIONS HEREIN ABOVE, AS WELL AS 3.5% INCREASES TO SCHEDULES I-C, II-A, III, IV-A, IV-B, V-A, V-B, VI-B & VII, EFFECTIVE MAY 1, 2004. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Brookman, Becker, Smith NAYS: 3-Murphy, Sayad, Argus ABSENT: 0-None Motion declared carried. Alderman Brookman abstained from voting on all matters pertaining to fire officers (conflict of interest). Moved by Brookman, seconded by Argus, to concur with Staff recommendation that pursuant to Section 820 ILCS 130/1 of the State Statutes (2004), City establish prevailing rate of wages for laborers, mechanics and other workers employed in performing construction of public works projects for the City; and further recommend to place on First Reading Ordinance M-39-04, AN ORDINANCE PURSUANT TO 820 ILCS 130/1, ET SEQ. (2004) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with Staff recommendation to grant request to permit installation of a brick-paver driveway apron in the City- owned right-of-way adjacent to property located at 715 Shawn Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-40-04, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNERS THOMAS AND SHARON DRISCOLL, 715 SHAWN LANE, DES PLAINES, ILLINOIS. Mot i on declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with recommendation of Staff Traffic Advisory Committee (STAC) that Title 7, Chapter 3, Section 7-3-4:F.2 -"Three Hour Parking Limit" of the City Code be amended to delete west side of Pearson Street, Ellinwood Street south to alley; and add that there be a three hour parking limit on the west side of Pearson Street from Ellinwood Street ~ PEARSON ST. (Cont'd. ) PARKING RESTRICTION/ SEEGERS ROAD: Consent Agenda Ordinance T-6-04 ZONING CASE 04-20-V FENCE VARIA./ 1523 SIXTH: Consent Agenda Ordinance Z-26-04 ZONING CASE 04-23-V FENCE VARIA./ 578 KINKAID: Consent Agenda Ordinance Z-27-04 ZONING CASE 04-24-CU CONDIT. USE/ 782 OAKTON: Consent Agenda Ordinance Z-28-04 PAGE FOUR 212 6/21/04 south to Prairie Avenue, Monday through Friday, 9:00 a.m. to 9:00 p.m.; Saturday, 9:00 a.m. to 6:00 p.m.; excluding Sundays and holidays; and further recommend to place on First Reading Ordinance T-5-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 4, "PARKING LIMITED IN DESIGNATED PLACES," SCHEDULE II, OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with recommendation of Staff Traffic Advisory Committee (STAC) that Title 7, Chapter 3, Section 7-3-4:F.3 -"Three Hour Parking Limit" of the City Code be amended to add three hour parking limit on the north side of Seegers Road from Broadway to Seventh Avenue, Monday through Friday, 10:00 a.m. to 6:00 p.m., excluding Saturdays, Sundays and holidays; amend Section 7-3-4:G -"Restricted Parking - Various Hours" of the City Code to delete no parking on the north side of Seegers Road from Broadway to Seventh Avenue, 9:00 a.m. to 5:00 p.m. daily, except Saturday, Sundays and holidays; and further recommend to place on First Reading Ordinance T-6-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 3, "STOPPING, STANDING AND PARKING" SECT ION 4, "PARKING LIMITED IN DESIGNATED PLACES," SCHEDULE II, OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 04-20-V, to permit installation of a 6', 100% opaque fence in the secondary front yard along Lincoln Avenue, with conditions, instead of the permitted 4', 50% open fence, in R-1 Single Family Residential District on property located at 1523 S. Sixth Avenue; and further recommend to place on First Reading Ordinance Z- 26-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-1 B. AND 8.2-6 A. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 6 FOOT, 100% OPAQUE FENCE, INSTEAD OF THE PERMITTED 5 FOOT, 50% OPEN FENCE AT 1523 SOUTH SIXTH AVENUE, DES PLAINES, ILLINOIS (Case 04-20-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 04-23-V, to permit installation of a 5.5', 100% opaque fence in the secondary front yard along Wilson Avenue, instead of the permitted 4', 50% open fence, with conditions, in R-1 Single Family Residential District on property located at 578 Kinkaid Court; and further recommend to place on First Reading Ordinance Z- 27-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-1 B. AND 8.2-6 A. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 5 1/2 FOOT, 100% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 578 KINKAID COURT, DES PLAINES, ILLINOIS (Case 04-2 3-V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 04-24-CU, to grant request for Conditional Use to permit operation of a Class B Restaurant in C-3 General Commercial District on property located at 782 W. Oakton Street, Suite H; and further recommend to place on First Reading Ordinance Z-28-04, AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW THE OPERATION OF A CLASS B FAST FOOD RESTAURANT, LOCATED AT 782 WEST OAKTON STREET, UNIT H, DES PLAINES, ILLINOIS (Case 04-24-CU). Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 04-04-CU CONDIT. USE/ 379 D.P. RIVER RD.: Consent Agenda Ordinance Z-29-04 PUBLIC IMPROVEMENTS/ THOMAS SUBDI. DOUGLAS- SPRUCEWOOD: Consent Agenda Resolution R-74-04 WATER TOWER ANTENNAE LEASE AGREE./ 100 N. D.P. RIVER RD.: Consent Agenda Resolution R-75-04 TOPOGRAPHIC SURVEY SVS./ 2004 CIP: Consent Agenda Resolution R-76-04 AGREEMENT/ OA.KTON COMM. COLLEGE JULY 4TH FESTIVITIES: Consent Agenda Resolution R-77-04 PAGE FIVE 213 6/21/04 Moved by Brookman, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 04-04-CU, to grant request for Conditional Use to permit construction of a branch bank and drive- through facility, with conditions, in C-3 General Commercial District on property located at 379 Des Plaines River Road; and further recommend to place on First Reading Ordinance Z-29-04, AN ORDINANCE GRANTIN G A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A FINANCIAL INSTITUTION AND DRIVE THROUGH FACILITY LOCATED AT 37 9 SOUTH RIVER ROAD IN DES PLAINES, ILLINOIS (Case 04-0 4- CU) . Motion declared carried as approved unanimous ly under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with Staff recommendation to accept Public Improvements fo r Thomas Subdivision, 2166 and 2170 Douglas Avenue and 2169 Sprucewood Avenue, which includes rear-yard storm sewer , sanitary sewer and public sidewalks; authorize rel ease of surety in the amount of $39,347.10 (cash warranty of $4,371.90 will be held for 18 months); and further recommend to adopt Resolution R-74-04, A RESOLUT I ON APPROVING THE PUBLIC IMPROVEMENTS FOR THOMAS SUBDIVISION LOCATED AT 2166 DOUGLAS AVENUE AND 2169 SPRUCEWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with Staff recommendation that Mayor and Ci ty Clerk be authorized to execute Lease Agreement with VoiceStream GSM I Operating Company, LLC, % T-Mobile USA, Inc., 1 2920 SE 38th Street, Bellevue, WA 98006, to permit installation of a wireless antennae and base stati on on property located at 100 N. Des Plaines River Road (Ho ly Family Water Tower), at an initial annual rent of $22,000 with a 5% annual increase; and further recommend to adopt Resolution R-75-04, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO LEASE AGREEMENT WITH VOICESTREAM GSM I OPERATING COMPANY, LLC, D/B/A T-MOBILE FOR THE INSTALLATION OF WIRELESS ANTENNAE AT 100 NORTH RIVER ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute agreement with SEC Surveying, 4500 Prime Parkway, McHenry, IL 60050, to perform Topographic Surveying and Drafting Services for 2004 Capital Improvement Program, in the amount of $ 69, 195/General Improvement Fund; and further recommend to adopt Resolution R-76-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SEC SURVEYING CONSULTANTS AND THE CITY OF DES PLAINES FOR TOPOGRAPHIC SURVEYING AND DRAFTING SERVICES AS PART OF THE 2004 CAPITAL IMPROVEMENT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Letter Agreement with Oakton Community College, 1600 E. Golf Road, to use the Des Plaines campus for the 4th of July 2004 Festival and Fireworks on Saturday, July 3, 2004, 1:00 p.m. to 11:00 p.m.; City to provide Certificate of Insurance; and further recommend to adopt Resolution R-77-04, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN OAKTON COMMUNITY COLLEGE AND THE CITY OF DES PLAINES FOR USE OF THE OAKTON COMMUNITY COLLEGE CAMPUS FOR THE 4TH OF JULY EVENT FOR THE YEAR 2004. Moti on declared carried as approved unanimously under Consent Agenda. YOUTH ACTIVI. CENTER AGREE. D.P. PARK DISTRICT: Consent Agenda Resolution R-79-04 PATIO VARIATION/ 715 SHAWN: Consent Agenda MAY ELEC. INSPEC. SERVICES: Consent Agenda BID AWARD/ 2004 CONCRETE IMPROVE.: Consent Agenda ORDINANCE Z-21-04 FENCE VARIA./ 1790 DEXTER: Consent Agenda ORDINANCE Z-22-04 FENCE VARIA./ 1303 BRIAR COURT: Consent Agenda ORDINANCE Z-23-04 FENCE VARIA./ 1581 WEBSTER LANE: Consent Agenda PAGE SIX 6/21/04 214 Moved by Brookman, seconded by Argus, t~ concur with Staff recommendation that Mayor and City Clerk be authorized to execute Youth Activity Cente.r Agreement with Des Plaines Park District, to establish. a Youth Activity Center at 2222 Birch Street (Des Plaines Pa~k District Leisure Center); all operating cost to be paid from us Department of Housing and Urban Developme~t Gr~nt #B-02-SP-IL-0212, in the amount of $490,000, which will expire on August 31, 2007; and further recommend to adopt Resolution R-79-04, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A YOUTH ACTIVITY CENTER AGREEMENT WITH THE DES PLAINES PARK DISTRICT TO ESTABLISH A YOUTH ACTIVITY CENTER AT THE PARK DISTRICT ADMINISTRATIVE AND LEISURE CENTER, 2222 BIRCH STREET. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to co~cu~ with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit construction of a patio, 32' wide x 22' long (Code prohibits patios from extending more than 15' from the building foundation) on property located at 715 Shawn Lane. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with Staff recommendation to authorize payment to B&F Technical Code Services, Inc., 2401 W. Hassel Road, Suite 1550, Hoffman Estates, IL 60195, Invoice #19610, in the amount of $7,680/Building & Code Funds, for electrical inspection services provided in May, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to concur with Staff recommendation and award bid for 2004 Concrete Improvements to the lowest bidder, Schroeder & Schroeder, Inc., 7306 Central Park, Skokie, IL 60076, in the total amount of $300, 000/MFT Funds, Section 04-00000-01-GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to adopt Ordinance Z-21-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-1 B. AND 8.2-6 A. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 6 FOOT (88 LINEAR FEET) AND 5 FOOT (27 LINEAR FEET), 100% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1790 DEXTER LANE, DES PLAINES, ILLINOIS (Case 04-12-V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to adopt Ordinance Z-22-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-1 B. AND 8.2-6 A. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 6 FOOT, 100% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1303 BRIAR COURT , DES PLAINES , ILL IN 0 IS ( Case 0 4 -13 -V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Argus, to adopt Ordinance Z-23-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-1 B. AND 8.2-6 A. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 6 FOOT, 100% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1581 WEBSTER LANE , DES PLAINES , I LL IN 0 IS ( Case 0 4 -14 -V) . Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Z-24-04 FENCE VARIA./ 777 MARCELLA: Consent Agenda APPOINTMENT: ORDINANCE Z-27-04 FENCE VARIA./ 578 KINKAID: ORDINANCE Z-28-04 CONDIT. USE/ 782 OAKTON: ORDINANCE T-5-04 PARKING RESTRICTION/ PEARSON: WARRANT REGISTER: PROPOSED PARKING LOT TAX RATE INCREASE: 6/21/04 215 PAGE SEVEN Moved by Brookman, seconded by Argus, to adopt Ordinance z-24-04 AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-1 B: AND 8.2-6 A. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 6 FOOT, 100% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 777 MARCE~LA ROAD, DES PLAINES, ILLINOIS (Cas.e 04-16-V) .9*-Motion declared carried as approved unanimously under Consent Agenda. :f... (ovtJ. ~) Presented for consideration (no action' required) was the Mayoral appointment to the ECONOMIC DEVELOPMENT COMMISSION of Donald G. Roberts, replacing James O'Carroll. (final action on this matter under Consent Agenda on July 6, 2004) Moved by Argus, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-27-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-1 B. AND 8.2-6 A. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 5 ~ FOOT, 100% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 578 KINKAID COURT, DES PLAINES, ILLINOIS (Case 04-23-V). 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 Argus, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-28-04, AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW THE OPERATION OF A CLASS B FAST FOOD RESTAURANT, LOCATED AT 782 WEST OAKTON STREET, UNIT H, DES PLAINES, ILLINOIS (Case 04-24-CU) . 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 Murphy, to advance to Second Reading and adopt Ordinance T-5-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 3, "STOPPING, STANDING AND PARKING" SECTION 4, "PARKING LIMITED IN DESIGNATED PLACES," SCHEDULE II, 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. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Murphy, to recommend to the City Council approval of the June 21, 2004 - Warrant Register, in the total amount of $3,205 ,936.63; and further recommend that Resolution R-78-04 be adopted at appropriate time this evening. Motion declared carried. City Manager Niemeyer reviewed Director of Finance Egeberg's memo of June 14, 2004, regarding a proposed parking lot tax increase; Metra has agreed to give the City a capital grant of $355,000 and allow the City t o raise the commuter rate to $1.25 per day once the capital improvements are finished, which are scheduled for 2005 and expected to last for twenty years. \1 ---- July 19, 2004 ADD: "This ordinance reflects a 6' fence which is the revised request of the petitioner who had originally requested a 5' fence, as reflected in the minutes and Staff report presented on June 7,2004; the Staff concurs in the revised request for a 6' fence as shown in Ordinance Z-24-04, just adopted." PARK. LOT TAX (Cont'd.) RESOLUTION R-62-04 COMMUTER PARK. LOT LEASE EXT.: PARKING PAD VARIATION/ 468 NORMAN COURT: ZONING CASE 04-08-V GARAGE VARIATION/ 2211 MAGNOLIA: PAGE EIGHT 6/21/04 216 Alderman Sayad stated that he is wants us to maintain their lot.~ against this; Metra (ore/1..) ~- Alderman Murphy stated we should have the same fee for all lots. Moved by Murphy, seconded by Beauvais,. to recomrr:end to the City Council that discussion on a un~f?rm park~ng lot tax rate for all lots: Metra, Union Pacific and City, be placed on the agenda for the Commit.tee of the, Whole on July 6, 2004. Motion declared carried. Alderman Becker stated that we should have a uniform rate with other communities; we need to provide parking for our people. Alderman Smith asked if there was a time limit as to how long we have to keep the $1.25 per day rate. City Manager Niemeyer said he didn't know. Mr . Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that we would be maintaining Metra's land; this doesn't sound like a good economic solution; the money that Metra receives should go in the City's pocket if we have to maintain the land; be careful, the numbers don't add up. Moved by Sayad, seconded by Becker, to recommend to the City Council to POSTPONE until · July 6, 2004, further discussion on the proposed parkin~ lot tax r~te increase, for further review by the Staff. Motion declared carried. Alderman Sayad asked for a motion to take from the table Resolution R-62-04, having to do with the Commuter Parking Lots Lease Extension with Union Pacific . No motion was offered. (the matter will be heard again on July 6, 2004) BUILDING CODE -Alderman Christiansen, Chair Acting Director of Community Development Molinari reviewed his memo of June 9, 2004, regarding request for a Variation to permit enlargement of an existing driveway to create a parking pad, 6' wide x 36' long, on property located at 468 Norman Court; the Staff is recommending against this request because it would cover 52% of front yard, Code permits 50% coverage in the front yard. Moved by Brookman, seconded by Sayad, to recommend to the City Council to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit enlargement of existing driveway to create a parking pad 6' wide x 36' long, in the front yard of property located at 468 Norman Court. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Acting Director of Community Development Molinari reviewed his memo of April 19, 2004 , regarding request for an oversized garage with an overall height of 17~; the Staff is recommending against this request for various reasons, i.e. has not proven hardship. Moved by Brookman, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals and recommend to the City Council, re Zoning Case 04-08- V, to permit construction of a detached oversized garage of 32' x 30' with an overall height of 17' in R-1 Single Family Residential District on property located at 221 1 Magnolia Street; and City Attorney be authorized to draft necessary ordinance. Motion declared carri ed. July 19, 2004 ADD: "Alderman Sayad asked City Manager Niemeyer how long has the fee for Metra parking been $1. City Manager Niemeyer said for some 20 years. Alderman Sayad said with the increase in payroll, health costs and gas, we haven't asked for funds to offset these expenses. City Manager Niemeyer said the agreement was that either party can request an increase with a 30-day written notice, and the City didn't. Alderman Sayad still feels a $2 fee increase is proper, which this Council passed during last year's budget." PRAIRIE LAKES IRRIGATION WELL: ORDINANCE M-25-04 LICENSE AGREEMENT/ 716 HOWARD: ORDINANCE Z-30-04 CONDIT. USE/ 551 LEE ST.: ORDINANCE Z-19-04 PREL. PUD/ 700 NW HWY.: WARRANT REGISTER: Resolution R-78-04 PAGE NINE PUBLIC WORKS -Alderman Murphy, Chair 6/21/04 217 Alderman Murphy reviewed a request from the Des Plaines Park District for permission to install and operate an irrigation well system at Prairie Lakes Park. Moved by Sayad, seconded by Beauvais, to ~oncur wi~h Staff recommendation and recommend to the City Council that City grant permission to the Des Plaines Park District to install and operate an irrigation well system at Prairie Lakes Park, 515 E. Thacker Street, to irrigate their fields and fill their ponds. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Smith, to adopt Ordinance M-25-04, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH PROPERTY OWNERS JAMES BROOKMAN AND THOMAS VERVERKA FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF- WAY IN FRONT OF 716 HOWARD AVENUE, DES PLAINES, ILLINOIS (Case 04-04-LA). Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. Moved by Becker, seconded by Sayad, to place on First Reading Ordinance M-30-04. Motion declared carried. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-30-04, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW THE LOCALIZED ALTERNATIVE SIGNAGE REGULATIONS WITHIN A C-3 GENERAL COMMERCIAL DISTRICT AND C-5 CENTRAL BUSINESS DISTRICT LOCATED AT 551 LEE STREET, DES PLAINES, ILLINOIS (Case 04-10-CU-LASR) . 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 Becker, to adopt Ordinance Z-19-04, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) IN ACCORDANCE WITH SECTION 3.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 700 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (Case 04-07-PUD-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 Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-78-04, 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: $3,205,936.63. 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. PROPOSED PARKING LOT TAX RATE INCREASE: PARKING PAD VARIATION/ 468 NORMAN COURT: ZONING CASE 04-08-V GARAGE VARIATION/ 2211 MAGNOLIA: PRAIRIE LAKES IRRIGATION WELL: ADJOURNMENT: PAGE TEN 6/21/04 218 Moved by Sayad, seconded by Murphy, to concur with recommendation of Committee of the Whole that discussion on a uniform parking lot tax rate for all lots: Metra, Union Pacific and City, be placed on the agenda under Committee of the Whole on July 6, 2004. Motion declared carried. Moved by Sayad, seconded by Murphy, to concur with recommendation of Committee of the Whole to POSTPONE until July 6, 2004, further discussion on the proposed parking lot tax rate increase, for further review by the Staff. Motion declared carried. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Committee of the Whole to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit enlargement of existing driveway to create a parking pad 6' wide x 36' long, in the front yard of property located at 468 Norman Court. Motion declared carried. Moved by Becker, seconded by Brookman, to concur with recommendation of Committee of the Whole, re Zoning Case 04-08-V, to permit construction of a detached oversized garage of 32' x 30' with an overall height of 17' in R-1 Single Family Residential District on property located at 2211 Magnolia Street; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Murphy, seconded by Christiansen, to concur with recommendation of Committee of the Whole that City grant permission to the Des Plaines Park District to install and operate an irrigation well system at Prairie Lakes Park, 515 E. Thacker Street, to irrigate their fields and fill their ponds. Motion declared carried. Moved by Sayad, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:25 p.m. ~~~ Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS _;;; ___ ~:2--~~ MAYOR