06-07-2004196
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 7, 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 6:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, June 7, 2004.
ROLL CALL: Roll call indicated the following aldermen present:
Sayad, Becker, Smith, Argus. Aldermen Beauvais,
Christiansen, Murphy and Brookman were absent. Alderman
Christiansen arrived in Executive Session at 6:03 p.m.
Aldermen Murphy and Brookman arrived in Executive Session
at 6:10 p.m. Alderman Beauvais arrived at 8:20 p.m.
Also present were: City Manager Niemeyer, Director of Finance Egeberg,
Police Chief Prandini and Deputy Police Chief Schneider, Fire Chief
Farinella, Director of Engineering Oakley, Director of Public Works
Dusckett, Acting Director of Community Development Molinari, Assistant
City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
RECOGNITION:
PENDING LIT./
OAKTON ST.
ANNEXATION:
LAND ACQUIS./
263 WILLE RD.
TIF #3:
Resolution
R-71-04
Moved by Argus, seconded by Sayad, to go into Executive
Session to discuss personnel, pending litigation and land
acquisition. Upon roll call, the vote was:
AYES: 5-Sayad, Becker, Smith, Argus, Arredia
NAYS: 0-None
ABSENT: 4-Beauvais, Christiansen, Murphy, Brookman
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:10 p.m.
Roll call indicated
Christiansen, Murphy,
Argus.
the following aldermen present:
Sayad, Brookman, Becker, Smith,
The opening prayer was given by Pastor Brian Byers,
Pathway Community Church, followed by the Pledge of
Allegiance.
Mayor Arredia introduced John Lentz of the Illinois
Department of Natural Resources who presented the City
with a plaque commending the City for its CRS rating of
7 and efforts during the recent flood problem.
Mayor Arredia introduced Cook County Commissioner Liz
Gorman (District 17) who presented the City, on behalf
of the Cook County Board, with a plaque commending the
City's leadership and efforts during the recent flood
problem.
Mayor Arredia thanked all those who volunteered during
the recent flood problem; residents, businesses and even
non-residents came and gave of their time, effort and
even money.
Moved by Smith, seconded by Sayad, to concur with
consensus in Exe cu ti ve Session regarding the proposed
annexation of Oakton Street west of Elmhurst Road.
Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with
consensus in Executive Session that City execute Consent
and Joinder Agreement authorizing Colliers, Bennett and
Kahnweiler, Inc., 6250 N. River Road, Suite 11-100,
Rosemont, IL 60018, to obtain a permanent storm water
easement across the southern border of the property
located at 263 Wille Road -TIF #3, from the owner of "'1
263 WILLE RD.
(Cont'd. )
LAND ACQUIS./
255 WILLE RD.
TIF #3:
LAND ACQUIS./
243 WILLE RD.
TIF #3:
Resolution
R-72-04
PARKING PAD
VARIATION/
468 NORMAN:
ORDINANCE
Z-19-04
PREL. PUD/
700 NW HWY.:
CONSENT
AGENDA:
197
6/7/04
PAGE TWO
the property at the cost of $25,000 and the reimbursement
to Colliers, Bennett and Kahnweiler, Inc., for the cost
of said easement; and further recommend to adopt
Resolution R-71-04, A RESOLUTION AUTHORIZING THE CITY OF
DES PLAINES TO ENTER INTO A CONSENT AND JOINDER AGREEMENT
WITH COLLIERS, BENNETT AND KAHNWEILER, INC. AND
REIMBURSEMENT FOR A PERMANENT STORM WATER EASEMENT
AGREEMENT NOT TO EXCEED $25, 000. Upon roll call, the
vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding the acquisition of 255
Wille Road -TIF #3. Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
consensus in Executive Session that City grant a
permanent storm water easement across the southern
portion of property located at 243 Wille Road -TIF #3,
as required by the Metropolitan Water Reclamation
District; and further recommend to adopt Resolution R-72-
04, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO
GRANT A PERMANENT STORM WATER EASEMENT ON THE PROPERTY
AT 243 WILLE ROAD. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Christiansen, seconded by Becker, to POSTPONE
until June 21, 2004, the 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, scheduled to be approved under Item
12 on the Consent Agenda later in the meeting. Motion
declared carried. Aldermen Say ad and Argus voted no.
(further action on this matter under Committee of the
Whole on June 21, 2004)
Moved by Becker, seconded by Argus, to POSTPONE until
June 21, 2004, placing on Second Reading 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 7 00 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS
(CASE 04-07-PUD-A), schedule to be approved under
Unfinished Business later in the meeting. Motion
declared carried (further action on this matter under
Unfinished Business on June 21, 2004).
Alderman Brookman requested that Items 11 and lla be
removed by the Consent Agenda; and Alderman Sayad
requested that Item 18 be removed.
Moved by Sayad, seconded by Becker, to establish a
Consent Agenda except for Items 11, lla and 18. Motion
declared carried.
Moved by Becker, seconded by Murphy, to approve the
Consent Agenda. Upon roll call, the vote was:
CONSENT AGEN.
(Cont'd.)
MINUTES:
Consent
Agenda
LICENSE
AGREEMENT/
670 s.
WARRINGTON:
Consent
Agenda
Ordinance
M-35-04
LICENSE
AGREEMENT/
730 CAVAN:
Consent
Agenda
Ordinance
M-36-04
ZONING CASE
04-11-V
FENCE VARIA./
907 NORTH:
Consent
Agenda
Ordinance
Z-20-04
ZONING CASE
04-12-V
FENCE VARIA./
1790 DEXTER:
Consent
Agenda
Ordinance
Z-21-04
PAGE THREE
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
198
6/7/0 4
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-30-04, M-31-04, M-32-04 and M-34-04 were adopted;
Ordinances M-35-04, M-36-04, Z-20-04, Z-21-04, Z-22-04 ,
Z-23-04 and Z-24-04 were placed on First Reading; and
Resolution R-67-04 was adopted.
Moved by Becker, seconded by Murphy, to approve minutes
of the regular meeting of the City Council held May 17 ,
2004, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to approve minutes
of the Executive Session of the City Council held May 17 ,
2004. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Murphy, 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 670 Warrington
Road; Mayor and City Clerk be authorized to execute
necessary license agreement; and further recommend to
place on First Reading Ordinance M-35-04, 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 OWNER BONNIE SUE PETERS, 670
SOUTH WARRINGTON ROAD, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to grant request to permit installati on
of a brick-paver driveway apron in the City-owned right-
of-way adjacent to property located at 730 Cavan Lane ;
Mayor and City Clerk be authorized to execute necessary
license agreement; and further recommend to place on
First Reading Ordinance M-36-04, 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 OWNER HELEN LOUTOS, 730 CAVAN LANE, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 04-11-V, to grant request to permit
installation of a 6', 83% opaque fence instead of the
permitted 4', 50% open fence in the front yard corner in
R-1 Single Family Residential District on property
located at 907 North Avenue; and further recommend to
place on First Reading Ordinance Z-20-04, 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, 83% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4
FOOT, 50% OPEN FENCE AT 907 NORTH AVENUE, DES PLAINES,
ILLINOIS (Case 04-11-V) . Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Des Plaines Zoning Board of Appeals ,
re Zoning Case 04-12-V, to grant request to permit
installation of a fence with a transitioning height o f
6', 5' and 4', 100% opaque, in the secondary front yard
along Everett Avenue, instead of the permitted 4', 50%
open fence, in R-1 Single Family Residential District on
property located at 1790 Dexter Lane; and further
recommend to place on First Reading 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 FO~
1790 DEXTER
(Cont'd. )
ZONING CASE
04-13-V
FENCE VARIA./
1303
BRIAR COURT:
Consent
Agenda
Ordinance
Z-22-04
ZONING CASE
04-14-V
FENCE VARIA./
1581
WEBSTER LANE:
Consent
Agenda
Ordinance
Z-23-04
ZONING CASE
04-16-V
FENCE VARIA./
777
MARCELLA:
Consent
Agenda
Ordinance
Z-24-04
WATER MAIN
REPLACEMENT/
2930 S. D.P.
RIVER ROAD:
Consent
Agenda
Resolution
R-67-04
PAGE FOUR
199
6/7/04
(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 Becker, seconded by Murphy, to concur with
recommendation of Des Plaines Zoning Board of Appeals ,
re Zoning Case 04-13-V, to grant request to permit
installation of a 6', 100% opaque fence in the secondary
front yard along Ash Street, instead of the permitted 4',
50% open fence, in R-1 Single Family Residential District
on property located at 1303 Briar Court; and further
recommend to place on First Reading 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, ILLINOIS (Case 04-13-V) . Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 04-14-V, to grant request to permit
installation of a 6', 100% opaque fence in the secondary
front yard along Oakton Street, instead of the permitted
4', 50% open fence, in R-1 Single Family Residential
District on property located at 1581 Webster Lane; and
further recommend to place on First Reading 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, ILLINOIS (Case 04-14-V) . Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 04-16-V, to grant request to permit
installation of a 5', 100% opaque fence in the secondary
front yard along Central Road, instead of the permitted
4', 50% open fence, in R-1 Single Family Residential
District on property located at 777 Marcella Road; and
further recommend to place on First Reading 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 MARCELLA
ROAD, DES PLAINES, ILLINOIS (Case 04-16-V) . Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to accept proposal from Ciccone
Construction Company, Inc., 140 E. Commercial Drive, Wood
Dale, IL 60181, to replace the City's 8" diameter water
main with a 12" diameter main in connection with the
Hilton Garden Inn Development Project, 2930 Des Plaines
River Road, in the amount of $52,225/Water Fund; and it
would be in the best interest of the City that usual bid
procedures be waived because Ciccone Construction Company
is Hilton's site utility contractor; and it is further
recommended to adopt Resolution R-67-04, A RESOLUTION
ACCEPTING A PROPOSAL FROM CICCONE CONSTRUCTION COMPANY,
INC. FOR WATER MAIN REPLACEMENT AT 2930 RIVER ROAD, DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
PUBLIC
IMPROVEMENTS/
352 RAND AND
325 & 329
BERKSHIRE:
Resolution
R-68-04
PARKING PAD
VARIATION/
25 HARVARD:
Consent
Agenda
PATIO
VARIATION/
260
BRENTWOOD:
Consent
Agenda
PATIO
VARIATION/
77 DOVER:
Consent
Agenda
PATIO
VARIATION/
1550 WICKE:
Consent
Agenda
PATIO
VARIATION/
975
MARSHALL:
Consent
Agenda
PAGE FIVE
200
6/7/04
Moved by Christiansen, seconded by Argus, to concur with
Staff recommendation to accept Public Improvements for
Nikko Carlo Subdivision, 352 Rand Road and 325 and 329
Berkshire Lane, which includes a public sidewalk on
Berkshire Lane, sanitary and storm sewers, a water
service and roadwork; authorize release of surety in the
amount of $46,487 (developer has posed the required 10%
cash warranty of $4, 648. 75 which will be held for 18
months); and further recommend to adopt Resolution R-68-
04, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR
NIKKO CARLO SUBDIVISION TO DES PLAINES LOCATED AT 352
RAND ROAD AND 325 AND 329 BERKSHIRE LANE, DES PLAINES,
ILLINOIS. Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
ABSTAIN:l-Brookman (conflict of interest)
Motion declared carried.
Alderman Murphy requested that the record show that the
developer followed and complied with all requirements of
the City regarding these public improvements.
Moved by Becker, seconded by Murphy, 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 create a parking pad,
7' wide x 25' long; contingent upon the approach being
constructed so that it is the same width as the driveway
and parking pad, in the front yard of property located
at 25 Harvard Street. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, 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 20' x 25' patio in the rear yard
adjacent to existing driveway on property located at 260
Brentwood Ori ve (Code prohibits patios from extending
more than 15' from the building foundation); contingent
upon petitioner agreeing to construct no additional hard
surface or structures on the lot. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, 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 30' x 12' patio in the rear yard
adjacent to existing driveway on property located at 77
Dover Drive (Code prohibits patios from extending more
than 15' from the building foundation); contingent upon
petitioner agreeing to construct no additional hard
surface or structures on the lot. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, 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 19' wide x 16' long patio in the rear
yard of property located at 1550 Wicke Avenue (Code
prohibits patios from extending more than 15' from the
building foundation) . Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, 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 14' x 18' patio in the rear yard of
property located at 975 Marshall Drive (Code prohibits
patios from extending more than 15' from the building
foundation); contingent upon petitioner agreeing to
construct no additional hard surface or structures on the
lot. Motion declared carried as approved unanimously
under Consent Agenda.
APRIL
ELEC. INSPEC.
SERVICES:
REPAIRS/
SEWER VACUUM
TRUCKS:
Consent
Agenda
NEW BID DATE/
SCADA SYSTEM:
Consent
Agenda
BID AWARD/
HOLY FAMILY
WATER TOWER
PAINTING:
Consent
Agenda
ORDINANCE
M-30-04
FIRE & POLICE
COMM. RULES/
INITAL HIRE
REQUIRE.:
Consent
Agenda
ORDINANCE
M-31-04
FIRE & POLICE
COMM. RULES/
MILITARY
PREF. POINTS:
Consent
Agenda
ORDINANCE
M-32-04
POLICE
COMMANDER
EXEMPT POS . :
Consent
Agenda
ORDINANCE
M-34-04
AMENDMENTS/
ANIMAL
CONTROL ORD . :
Consent
Agenda
PAGE SIX
201
6/7/04
Moved by Smith, seconded by Christiansen, 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 #19459, in the
amount of $7,680/Building & Code Funds, for electrical
inspection services provided in April, 2004. Upon roll
call, the vote was:
AYES: 5-Christiansen, Murphy, Becker, Smith, Arredia
NAYS: 2-Sayad, Argus
ABSENT: 2-Beauvais, Brookman
Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to accept proposal from EJ Equipment, P.O.
Box 665, Manteno, IL 60950, for repairs to the City's
Sewer Vacuum Truck in the total amount of
$9,418.45/Budgeted Funds; and it would be in the best
interest of the City that usual bid procedures be waived
because EJ Equipment is a factory authorized repair
facility. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to authorize new bid return date for Water
Plant SCADA (Supervisory Control and Data Acquisition)
System from Thursday, June 3, 2004, to 3:00 p.m.,
Thursday, June 10, 2004. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation and award bid for Holy Family Water Tank
Painting to the lowest bidder, Prism Painting Company,
Inc., P.O. Box 1944, Highland, IN 46322, in the total bid
amount of $198, 400/2004 Water Fund. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to adopt Ordinance
M-30-04, AN ORDINANCE ADOPTING THE AMENDMENTS REGARDING
INITIAL HIRE REQUIREMENTS TO THE REVISED RULES AND
REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Murphy, to adopt Ordinance
M-31-04, AN ORDINANCE ADOPTING THE AMENDMENTS REGARDING
MILITARY PREFERENCE POINTS TO THE REVISED RULES AND
REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Murphy, to adopt Ordinance
M-32-04, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE,"
OF CHAPTER 8 "POSITION CLASSIFICATION AND COMPENSATION
PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY
SERVICE" FOR SCHEDULE I I I, "PUBLIC SAFETY SUPERVISORY
PERSONNEL-NON-UNIONIZED," TO ADD THE NEW POSITION OF
POLICE COMMANDER IN THE DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Murphy, to adopt Ordinance
M-34-04, AN ORDINANCE AMENDING TITLE 6, "POLICE
REGULATIONS" CHAPTER 1, "ANIMAL CONTROL" OF THE DES
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE
M-35-04
LICENSE
AGREEMENT/
670 s.
WARRINGTON:
ORDINANCE
M-36-04
LICENSE
AGREEMENT/
730 CAVAN:
ORDINANCE
Z-20-04
FENCE
VARIATION/
907 NORTH:
AMEND ORDER
OF BUSINESS:
ZONING CASE
04-10-CU-LASR
CONDIT. USE
FOR SIGNS/
551 LEE ST.:
PAGE SEVEN
202
6/7/04
Moved by Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-35-04, 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 OWNER BONNIE SUE PETERS, 670
SOUTH WARRINGTON ROAD, DES PLAINES, ILLINOIS. Upon roll
call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-36-04, 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 OWNER HELEN LOUTOS, 730 CAVAN
LANE, DES PLAINES, ILLINOIS. Upon roll call, the vote
was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Murphy, seconded by Christiansen, to advance to
Second Reading and adopt Ordinance Z-20-04, 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, 83% OPAQUE FENCE, INSTEAD OF THE PERMITTED 4
FOOT, 50% OPEN FENCE AT 907 NORTH AVENUE, DES PLAINES,
ILLINOIS (Case 04-11-V). Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
Moved by Becker, seconded by Sayad, to amend the order
of business to bring to the floor Item 2a under Community
Development Committee regarding Zoning Case 04-10-CU-
LASR, 551 Lee Street. Motion declared carried. Aldermen
Murphy voted no.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker reviewed a request from Tucker
Development Company and Joseph Freed & Associates Des
Plaines, LLC, for a Conditional Use Localized Alternative
Signage Regulations Permit for the proposed Metropolitan
Square Development at 551 Lee Street regarding the
various sign area locations and size limitations proposed
for this project.
Alderman Becker introduced Ronald E. Lanz, Land
Strategies, Inc., 1700 W. Irving Park Road, Suite 202,
Chicago, IL 60613, the City's Staff representative for
the Des Plaines Zoning Board of Appeals, who addressed
the Committee of the Whole and answered questions from
the aldermen.
Moved by Sayad, seconded by Argus, to concur with the
recommendation of Des Plaines Zoning Board of Appeals and
Staff, and recommend to the City Council, re Zoning Case
04-10-CU-LASR, to grant request for a Conditional Us~
551 LEE ST.
(Cont'd. )
WARRANT
REGISTER:
HIRING/
HEALTH
INSURANCE
CONSULTANT:
STATE OF THE
CITY'S
FINANCES:
CONST. MGR.
AGREEMENT/
WILLE ROAD
IMPROVEMENTS
TIF #3:
PAGE EIGHT
203
6/7/04
Localized Alternative Signage Regulations Permit for the
proposed Metropolitan Square Development at 551 Lee
Street; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried. Alderman
Brookman voted no.
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Murphy, seconded by Christiansen, to recommend
to the City Council approval of the June 7, 2004
Warrant Register, in the total amount of $5,890,892.66;
and further recommend that Resolution R-66-04 be adopted
at appropriate time this evening. Motion declared
carried.
Alderman Sayad reviewed the matter of hiring an outside
consultant to audit the Employee Medical Trust Fund,
which was approved by the City Council December 1, 2003;
the Staff is recommending that City accept proposal from
PricewaterhouseCoopers LLP to perform this review.
Alderman Brookman stated that this study should be
conducted; she likes the fact that PricewaterhouseCoopers
is not a broker with something to sell; we need to take
stock and see what happened; she thinks this was a good
choice.
Move by Murohv, seconded by Brookman, to concur with
Staff recommendation and recommend to the City Council
that City accept proposal from PricewaterhouseCoopers
LLC, One North Wacker, Chicago, IL 60606, to provide
financial consulting and actuarial services for the
Employee Medical Trust Fund, at a cost of $22-
30, 000 /General Fund. Motion declared carried (further
discussion on this matter under Committee of the Whole
on July 21, 2004).
Alderman Sayad and Director of Finance Egeberg gave a
PowerPoint presentation on the State of the City's
Finances in 2003, the 2004 Budget Revenue and
Expenditures and how they were determined; and then what
can be expected in the future, i.e. TIF redevelopments,
residential redevelopment and additional redevelopment
projects.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole asking how he could get a beakdown
of the legal services. City Attorney Wiltse said that
is available through his office.
Alderman Sayad requested that the record show that the
commuter parking fee in Mt. Prospect is $2.00.
Alderman Beauvais entered the meeting at 8:20 p.m.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker reviewed the matter of a construction
manager for the Wille Road -TIF #3 Public Improvements
Project, which is required in the redevelopment agreement
with Wille Road Industrial Park, LLC, % Colliers, Bennett
& Kahnweiler, 6250 N. River Road, Suite 11-100, Rosemont,
IL 60018, approved by the City Council on June 18, 2001 -
Resolution R-53-01; the Staff is recommending BK Equities
LLC as construction manager for this project.
Alderman Becker introduced William J. Dytrych, B.K.
Equities, LLC, which is a subsidiary of the developer,
Wille Road Industrial Park, LLC, who addressed the
Committee of the Whole and answered questions from the
aldermen.
CONST. MGR.
(Cont'd. )
CONSTRUCTION
CONTRACTOR/
WILLE ROAD
IMPROVEMENTS
TIF #3:
DISCUSSION/
APPROVAL OF
CONSTRUCTION
MANAGER FOR
NEW FIRE STA.
LEE STREET &
PROSPECT:
Tabled Item
PAGE NINE
204
6/7/04
Moved by Smith, seconded by Argus, to concur with
recommendation of Staff and recommend to the City Council
that City enter into a Construction Manager Agreement
with BK Equities LLC, % Colliers, Bennett & Kahnweiler,
Inc., 6250 N. River Road, Suite 11-100, Rosemont, IL
60018, for the Wille Road -TIF #3 Public Improvements
Project, at a cost not-to-exceed 5% of the total cost of
said public improvements plus reimbursable miscellaneous
costs not-to-exceed $25,000/all costs from TIF #3 Funds;
and Resolution R-69-04 be adopted at appropriate time
this evening. Motion declared carried. Alderman
Brookman voted no.
Alderman Becker reviewed the matter of the construction
contractor for the Wille Road TIF #3 Public
Improvements Project; the developer, Wille Road
Industrial Park, LLC, solicited three (3) bids and
recommends that the City accept the proposal from Plote
Construction, Inc.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation and recommend to the City Council that it
would be in the best interest of the City to accept
proposal from Plote Construction, Inc., 1100 Brandt
Drive, Elgin, IL 60120, for construction of the Wille
Road -TIF #3 Public Improvements Project, in the amount
of $1,757,137.90, plus a 10% contingency of $175,713.79,
for a total contract amount of $1, 932, 851. 69/TIF #3
Funds; and Resolution R-70-04 be adopted at appropriate
time this evening. Motion declared carried. Alderman
Brookman voted no.
PUBLIC SAFETY -Alderman Beauvais, Chair
The matter of discussion on the approval of a
construction manager for the proposed new Fire Station
#2 at Lee Street and Prospect Avenue was TABLED on April
5, 2004, and REMOVED FROM THE TABLE on May 3, 2004 to be
placed on a future agenda.
The general matter of construction manager now being
before the Committee of the Whole was:
Moved by Sayad, seconded by Becker, to RESCIND the
following motion made and defeated on April 5, 2004:
"Moved by Beauvais, seconded by Becker, to concur with
Staff recommendation that the City select Pepper
Construction, 411 Lake Zurich Road, Barrington, IL 600 1 0,
to provide Construction Manager Services for Fire Stati on
#2 Headquarters, Lee Street and Prospect Avenue, in the
amount of 5% of the construction costs; and Mayor and
City Clerk be authorized to execute all necessary
documents. Upon roll call, the vote was:
AYES: 4-Beauvais, Christiansen, Becker, Argus
NAYS: 5-Murphy, Sayad, Brookman, Smith, Arredia
ABSENT: 0-None
MOTION DECLARED FAILED."
Alderman Brookman stated that this is out of order
because there is no motion; once a motion is made and
fails, it's dead. City Attorney Wiltse said the motion
was appropriate since it was a motion to rescind;
further, the minutes of April 5, 2004, showing the
tabling of the general issue of construction manager
which was on the agenda, were approved without dissent.
Mr William Brill, 2335 Eastview Drive, addressed the
Committee of the Whole stating that he was in
construction for 50 years; all these contractors provide
managers; why are we paying for a manager?; the
contractor should do that; this is throwing money out the
window.
FIRE STATION
(Cont'd. )
PAGE TEN
205
6/7/04
City Manager Niemeyer said we want someone who would be
independent and possibly save the City money; this is
very typical for a project this size.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole asking what is the purpose of
rescinding the vote. Alderman Beauvais said so there can
be discussion on the question of who would be the
construction manager; she stated further that she would
give the report from the Public Safety Committee.
Mr. Burkross stated that the residents had no knowledge
that this would be on the agenda tonight; this is not
proper. Alderman Murphy said that a notice was in the
paper, on Channel #17 and posted in the City Hall.
Mrs. Cheryl Hurtenbach, 1212 Prospect Avenue, addressed
the Committee of the Whole stating that she doesn't know
why we have to go over these things again and again;
there was a Public Safety Committee meeting where it was
voted 2-1 to recommend that a study be done.
Alderman Beauvais said this recommendation has to come
before the City Council for a vote.
Mrs. Hurtenbach said she was expecting a vote on the
study instead she is seeing voting on the construction
manager; she feels that she is being "bamboozled"; the
residents spoke loud and clear; a majority of the
residents said no; she would like the study to occur .
Mr. Bob Hinde, 381 Oxford Road, addressed the Committee
of the Whole stating that he would hope that the City
would consider other options; ask what other things do
the people of this City want from their Fire Department.
Mrs. Gloria Keane, 2048 Webster Lane, addressed the
Committee of the Whole stating that due to misinformation
she doesn't think all 57% of the people knew what they
were voting for.
Mr. Vince Powers, 862 Webster Lane, addressed the
Committee of the Whole stating that it is very evident
to him that you seem to be trying to change the election;
57% of the people have said that don't want the fire
station at that location; this is very confusing to the
people; this bothers him; the integrity that once was
there is not there now; the bottom line is that you want
to change the vote.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that there was an election
that was duly publicized; everyone had a chance to vote;
but if people don't want to exercise that right, that is
their problem.
Mrs. Jennifer Tsalapatanis, 653 Jarlath Avenue, addressed
the Committee of the Whole asking City Attorney Wiltse
what responsibility does he have to let people know what
are the proper laws and procedures; if you knew it was
not a proper motion why didn't you say something? City
Attorney Wiltse said that was a proper motion then and
it is proper to be before the City Council now.
Alderman Murphy stated that she understands that the
audience is frustrated with what is going on here; but
this was an advisory referendum; the issue on the agenda
tonight is the construction manager.
Alderman Smith stated that we have gotten bogged down
with a lot of legal issues; there are either the votes
for a construction manager or there is not.
FIRE STATION
(Cont'd. )
ORDINANCE
Z-25-04
MAP AMEND./
LEE ST. &
PROSPECT:
PAGE ELEVEN
206
6/7 /04
Alderman Brookman called for a point of order stating the
discussion on the study was not on the agenda this
evening. Alderman Beauvais, as Chairman of the Public
Safety Committee, did not sustain the point of order.
Motion by Alderman Brookman to overrule the Chair, DIED
FOR LACK OF A SECOND.
Alderman Beauvais stated the Public Safety Committee met
and discussed several studies that could be done.
Alderman Sayad called for a point of order stating that
he doesn't think this can be discussed unless the person
was on the prevailing side of the issue. City Attorney
Wiltse said the proper thing to do would be to dispose
of the motion to rescind and then discussion could be
held on the study.
MOTION DECLARED CARRIED ON RESCINDING THE MOTION MADE ON
APRIL 5, 2004. Aldermen Murphy, Brookman and Smith voted
no.
Alderman Sayad stated that he attended that Public Safety
Committee meeting; why don't we do a study for that site,
Lee Street and Prospect Avenue?; he would be for that.
Alderman Argus stated that she feels the information that
was sent out by the Des Plaines Taxpayers Alliance was
misleading; they didn't even sign the flyers.
Alderman Becker stated that the mailings made by the Des
Plaines Taxpayers Alliance were misleading; the actual
plans for the fire station clearly show what was on the
flyers wasn't true.
Alderman Beauvais gave a brief overview of Fire Station
#1 during the recent flood problem; she is opposed to a
study; if we didn't have competent personnel to advise
us, then, yes, we should do a study, but we do.
Alderman Becker announced that Alderman Sayad was not
feeling well and left the meeting at 10:35 p.m.
Moved by Becker, seconded by Argus, to recommend to the
City Council that the City select Pepper Construction,
411 Lake Zurich Road, Barrington, IL 60010, to provide
Construction Manager Services for Fire Station #2
Headquarters, Lee Street and Prospect Avenue, in the
amount of 5% of the construction costs; and Resolution
R-73-04 be adopted at appropriate time this evening.
Moved by Murphy, seconded by Becker, to call for the
question. MOTION DECLARED FAILED (a 2/3 majority vote
is required to call for the question) . Aldermen
Beauvais, Christiansen, Becker, Argus voted yes; Aldermen
Murphy, Brookman Smith voted no; and Alderman Sayad was
absent.
Following further discussion, MOTION DECLARED CARRIED TO
APPROVE THE CONSTRUCTION MANAGER FOR FIRE STATION #2
HEADQUARTERS. Aldermen Murphy, Brookman and Smith voted
no.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance Z-25-04, AN ORDINANCE GRANTING A
REQUEST FOR A MAP AMENDMENT FROM R-1, SINGLE FAMILY
RESIDENTIAL TO I-1 INSTITUTIONAL AT THE SOUTHWEST CORNER
OF LEE STREET AND PROSPECT AVENUE (Case 03-75-MA). ~
Z-25-04
(Cont'd. )
LICENSE
AGREEMENT/
716 HOWARD:
Ordinance
M-25-04
Tabled Item
WARRANT
REGISTER:
Resolution
R-66-04
HIRING/
HEALTH
INSURANCE
CONSULTANT:
ZONING CASE
04-10-CU-LASR
CONDIT. USE
FOR SIGNS/
551 LEE ST .:
CONST. MGR.
AGREEMENT/
WILLE ROAD
IMPROVEMENTS
TIF #3:
Resolution
R-69-04
PAGE TWELVE
207
6/7/04
Alderman Murphy questioned whether this will be coming
back to the City Council. City Attorney Wiltse said if
it passes tonight, it would be on Second Reading on June
21, 2004; if it fails, it could be reconsidered a t the
next meeting or the motion could be rescinded sometime
in the future. Upon roll call, the vote was:
AYES: 4-Beauvais, Christiansen, Becker , Argus
NAYS: 4-Murphy, Brookman, Smith, Arredia
ABSENT: 1-Sayad
MOTION DECLARED FAILED (a tie vote is a failed vote) .
Moved by Christiansen, seconded by Smith, to take from
the table the request for a License Agreement, 716 Howard
Street, which was TABLED on May 3, 2004. Motion declared
carried. Alderman Brookman abstained (confli c t of
interest) .
Moved by Smith, seconded by Becker, to concur with Staff
recommendation to grant request to permit installation
of underground sprinkler system in the City-owned right-
of-way adjacent to property located at 716 Howard Street;
Mayor and City Clerk be authorized to execute necessary
license agreement; and further recommend to place on
First Reading Ordinance M-25-04, AN ORDINANCE AUTHORIZING
THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WI TH
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) . Motion declared
carried. Alderman Brookman abstained (conflict of
interest) .
Moved by Christiansen, seconded by Murphy, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-66-04, BE IT RESOLVED BY THE CITY COUNCI L
OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AN D
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total :
$5,890,892.66. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
Moved by Christians, seconded by Murphy, to concur with
recommendation of Committee of the Whole that City accept
proposal from PricewaterhouseCoopers LLC, One North
Wacker Drive, Chicago, IL 60606, to provide financial
consulting and actuarial services for the Employee
Medical Trust Fund, at a cost of $22-30,000/General Fund.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
Moved by Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole, re Zoning Case
04-10-CU-LASR, to grant request for a Conditional Use
Localized Alternative Signage Regulations Permit for the
proposed Metropolitan Square Development at 551 Lee
Street; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried. Alderman
Brookman voted no.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole that City enter
into a Construction Manager Agreement with BK Equities
LLC, % Colliers, Bennett & Kahnweiler, Inc., 6250 N.
River Road, Suite 11-100, Rosemont, IL 60018, for the
Wille Road -TIF #3 Public Improvements Project, at a
cost not-to-exceed 5% of the total cost of said public
improvements plus reimbursable miscellaneous costs no~
R-69-04
(Cont'd. )
CONSTRUCTION
CONTRACTOR/
WILLE ROAD
IMPROVEMENTS
TIF #3:
Resolution
R-70-04
CONSTRUCTION
MANAGER/NEW
FIRE STATION
LEE STREET &
PROSPECT:
Resolution
R-73-04
PETITIONS/
FENCE
ALIGNMENT,
716 HOWARD:
ADJOURNMENT:
PAGE THIRTEEN
208
6/7/04
to-exceed $25,000/all costs from TIF #3 Funds; and adopt
Resolution R-69-04, A RESOLUTION AUTHORIZING THE CITY OF
DES PLAINES TO ENTER INTO A CONSTRUCTION MANAGER
AGREEMENT WITH BK EQUITIES, LLC, FOR THE CONSTRUCTION OF
THE WILLE ROAD PUBLIC IMPROVEMENTS. Upon roll cal l , the
vote was:
AYES: 6-Beauvais, Christiansen,
Murphy, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Sayad
Motion declared carried.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole that it would
be in the best interest of the City to accept proposal
from Plote Construction, Inc., 1100 Brandt Drive , El g i n ,
IL 60120, for construction of the Wille Road -TIF #3
Public Improvements Project, in the amount of
$1, 757, 137. 90, plus a 10% contingency of $175, 713. 79, for
a total contract amount of $1,932,851.69/TIF #3 Funds ;
and adopt Resolution R-70-04, A RESOLUTION AUTHORIZING
THE CITY OF DES PLAINES TO ENTER INTO A CONSTRUCTION
CONTRACT AGREEMENT WITH PLOTE CONSTRUCTION, INC. FOR THE
CONSTRUCTION OF THE WILLE ROAD PUBLIC IMPROVEMENTS. Upon
roll call, the vote was:
AYES: 6-Beauvais, Christiansen,
Murphy, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Sayad
Motion declared carried.
Moved by Beauvais, seconded by Becker, to DEFER until
June 21, 2004, the recommendation of the Committee of the
Whole that City select Pepper Construction , 411 Lake
Zurich Road, Barrington, IL 60010, to provide
Construction Manager Services for Fire Stati on #2
Headquarters, Lee Street and Prospect Avenue , i n the
amount of 5% of the construction costs; and adopt
Resolution R-73-04, A RESOLUTION AUTHORIZING THE CITY OF
DES PLAINES TO ENTER INTO A CONSTRUCTION MANAGER
AGREEMENT WITH PEPPER CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF FIRE STATION #2 HEADQUARTERS, LEE STREET
AND PROSPECT AVENUE. Motion decl ared carri e d .
Mayor Arredia referred petitions received in the City
Clerk's Office on June 7, 2004, requesting that the fence
at 716 Howard Street be in line with the house next door
at 795 Tures Lane (all houses on Tures Lane face front),
to the Staff for review and report.
Moved by Christiansen, seconded by Murphy,
regular meeting of the City Council adjourn.
declared carried. Meeting adjourned at 11:05
~ .. -
that the
Motion
p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS
DAY ~-~----' 2004
Anthony W. Arredia, MAYOR