08-02-2004243
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, AUGUST 2, 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, August 2, 2004.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Argus. Aldermen
Beauvais, Brookman and Smith were absent. Alderman
Brookman arrived in Executive Session at 6:25 p.m.
Alderman Beauvais arrived in Executive Session at 6:44
p.m. Alderman Brookman left the meeting at 9:44 p.m.
Also present were: City Manager Niemeyer, Director of Finance Egeberg,
Police Chief Prandini, Fire Chief Farinella, Director of Engineering
Oakley, Assistant Director of Public Works Bernar, Acting Director of
Community Development Molinari, Assistant City Attorney Bartel and City
Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
PUBLIC
HEARING/2004
CDBG ACTION
PLAN:
CALL TO
ORDER:
Moved by Christiansen, seconded by Murphy, to go into
Executive Session to discuss probable-imminent
litigation. Upon roll call, the vote was:
AYES: 5-Christiansen, Murphy, Sayad,
Becker, Argus
NAYS: 0-None
ABSENT: 3-Beauvais, Brookman, Smith
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 6:50 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Argus.
The opening prayer was given by Pastor Gustavo Delagarza,
Iglesia Maranatha-Bethesda Worship Center, followed by
the Pledge of Allegiance.
Police Chief Prandini and Officer Tara Baggott, Post
Advisor for the Des Plaines Police Department Explorer
Post 142, introduced those Explorers who participated in
the National Law Enforcement Explorer Conference in
Atlanta, Georgia, and received First Place in White
Collar Crime Investigation Competition and Second Place
in Domestic Crisis Competition.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, AUGUST 2,
2004
Mayor Arredia called the Public Hearing to order at 7:00
p.m. The Public Hearing was being held pursuant to legal
notice for public comment on the City's Action Plan for
Housing and Community Development for Program Year 2004
(October 1, 2003 -September 30, 2005), for which the
City is eligible to receive $416,000 in federal Community
Development Block Grant (CDBG) funds from the U.S.
Department of Housing and Urban Development (HUD); the
Action Plan will serve as the City's budget for forma~/{1
application for these funds. \¥'.
PUB. HEARING
(Cont'd.)
CITIZEN
PARTICIPA. :
PAGE TWO
244
8/2/04
Community Development Block Grant Consultant Nancy Dobner
reviewed the various programs that would be funded with
this money.
Alderman Argus stated that she is very concerned about
the proposed funding for the residential care home
expansion at 680 Cordial Drive; she has received many
complaints about this group home; they do not maintain
their property, noise and traffic problems; there is a
man sleeping in the garage next to the garbage; she
cannot approve this Plan.
Mrs. Mary Schurder, Executive Director, Center of
Concern, addressed the City Council stating that the CDBG
funds will help homeowners in Des Plaines; without these
funds they would not be able to help over 40 Des Plaines
families; they do shared housing; they put the money to
good use.
A resident at 685 Cordial Drive addressed the City
Council stating that they have had many problems with the
house on Cordial Drive; their buses run all the time and
beep their horns; they don't keep up the house; our cars
are hit by their buses.
There will be further action on this matter later in the
meeting.
The Public Hearing adjourned at 7:24 p.m.
The City Council reconvened at 7:25 p.m.
Mr. Marty Moylan, 1405 Oakwood Avenue, addressed the City
Council stating that there are unfiltered computers at
the Des Plaines Library; pornographic material is being
shown; this is happening more and more; we are not asking
for censorship, just that the pictures not be shown; the
citizens need help from the City Council to have a filter
put on all the computers at the Library; let the Library
Board know that you want this done by an advisory
resolution.
Moved by Beauvais, seconded by Sayad, that a discussion
be held on August 16, 2004, regarding a resolution in
support of putting filters on all computers at the Des
Plaines Library.
Moved by Murphy, seconded by Brookman, to adopt a
SUBSTITUTE MOTION that a discussion be held in the
Committee of the Whole (Community Services Committee) on
September 7, 2004, regarding a resolution in support of
putting filters on all computers at the Des Plaines
Library.
Library Administrator Sandra Norlin addressed the City
Council stating that several meetings have been held on
this matter and there will be others; a proposal will be
presented at their Board meeting on August 17, 2004.
Motion declared carried on the substitute motion.*
Mrs. Gloria Keane, 2048 Webster Lane, addressed the City
Council stating that she and her husband have attended
these meetings; she thinks it would have been a good idea
if the chairman of the Community Services Committee had
attended them also. Alderman Brookman stated that her
mother has been ill but she has been kept up-to-date by
the Library Staff.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council stating that there is a simple solution; you
could have password protection with an appropriate ID;
the person could then use the computer.
LIBRARY
(Cont'd. )
PROBABLE-
IMMINET
LITIGATION/
WILLE ROAD-
PHASE II,
TIF #3:
PROBABLE-
IMMINENT
LITIGATION/
PRIME SITE
GROUP LLC:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
PAGE THREE
245
8 /2/04
*Alderman Beauvais asked for leave of the body to change
her yes vote to a no vote on the substitute motion that
this matter be discussed in Committee on September 7,
2004. Alderman Beauvais stated that she does not think
we need to give the Library Board our feelings. There
was no objection. Voting yes on the motion were
Christiansen, Murphy, Sayad, Brookman, Becker, Argus;
voting no was Beauvais.
Moved by Becker, seconded by Murphy, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding settlement negotiations
for Wille Road -Phase II Project, TIF #3. Motion
declared carried. Alderman Brookman voted no.
Moved by Becker, seconded by Argus, to concur with
majority agreement in Executive Session that City settle
its contract obligation with Prime Site Group LLC, 1875
Hicks Road, Rolling Meadows, IL 60008, in the amount of
$215,000, and City Manager and City Attorney be
authorized to prepare and sign the Settlement Agreement
on behalf of the City. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus
NAYS: 2-Murphy, Brookman
ABSENT: 1-Smith
Motion declared carried.
Moved by Becker, seconded by Argus, that the payment
amount of $215,000 to Prime Site Group LLC be placed on
the Warrant Register for final action on August 16, 2004.
Motion declared carried. Aldermen Murphy and Brookman
voted no.
Alderman Brookman requested that Items 10 and lOa be
removed from the Consent Agenda; Alderman Argus requested
that Items 12, 12a and 12b be removed; and Alderman
Beauvais requested that Item 16 be removed.
Moved by Say ad, seconded by Becker, to establish a
Consent Agenda except for Items 10, lOa, 12, 12a, 12b and
16. Motion declared carried.
Moved by Sayad, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Sayad,
Brookman, Becker
NAYS: 0-None
ABSENT: 3-Murphy,* Smith, Argus*
Motion declared carried.
*Alderman Murphy and Alderman Argus asked leave of the
body that the record show that they were present for the
roll call to approve the Consent Agenda and their vote
was yes. There were no objections. Voting yes to
approve the Consent Agenda were Beauvais, Christiansen,
Murphy, Sayad, Brookman, Becker, Argus; Alderman Smith
was absent.
Minutes were approved; Staff recommendations and requests
were approved; Ordinances M-46-04, T-12-04 and T-13-04
were adopted; Ordinances M-48-04, M-49-04, M-50-04, M-51-
04, T-15-04, Z-37-04 and Z-38-04 were placed on First
Reading; and Resolution R-92-04 was adopted.
Moved by Sayad, seconded by Beauvais, to approve minutes
of the regular meeting of the City Council held July 19,
2004, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve minutes
of the Executive Session of the City Council held July
19, 2004. Motion declared carried as approved
unanimously under Consent Agenda.
LICENSE
AGREEMENT/
2224
WESTVIEW:
Consent
Agenda
Ordinance
M-48-04
LICENSE
AGREEMENT/
605 E.
BIRCHWOOD:
Consent
Agenda
Ordinance
M-49-04
RESCIND
M-20-04
BRICK PAVERS/
537 N.
PINEHURST:
Consent
Agenda
Ordinance
M-50-04
DIRECTOR OF
COMMUNITY
DEVELOPMENT
POSITION:
Consent
Agenda
Ordinance
M-51-04
TRAFFIC
RESTRICTION/
HARVEY AVE:
Consent
Agenda
Ordinance
T-15-04
PAGE FOUR
246
8/2/04
Moved by Sayad, seconded by Beauvais, 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 2224
Westview Drive; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-48-04,
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 TADEUSZ WONICZKA,
2224 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, 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 605
E. Birchwood Avenue; Mayor and City Clerk be authorized
to execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-49-04,
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 WILLIAM SWEIDING,
605 EAST BIRCHWOOD AVENUE, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to rescind Ordinance M-20-97,
adopted by the City Council on April 21, 1997,
authorizing license agreement for brick paver driveway
apron in the Ci ty-owne_d right-of-way adj a cent to property
located at 537 N. Pinehurst Drive, because City
reconstructed Pinehurst Drive and, with the consent of
the owners, installed a concrete driveway apron; and
further recommend to place on First Reading Ordinance M-
50-04, AN ORDINANCE RESCINDING ORDINANCE M-20-97, WHICH
AUTHORIZED THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH EUGENE AND GLORIA TOKARZ FOR THE
INSTALLATION OF BRICK PAVERS IN THE DRIVEWAY APPROACH IN
THE PUBLIC RIGHT-OF-WAY AT 537 NORTH PINEHURST DRIVE, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve Mayoral
appointment of Tim Bleuher as Director of Community
Development effective September 1, 2004, at an annual
salary of $87,750; amend Title 3, Chapter 6 -"Department
of Community Development" of the City Code to reestablish
the position of Director of Community Development; and
further recommend to place on First Reading Ordinance M-
51-04, AN ORDINANCE AMENDING TITLE 3, "MUNICIPAL
DEPARTMENTS," CHAPTER 6, "DEPARTMENT OF COMMUNITY
DEVELOPMENT," OF THE DES PLAINES CITY CODE REESTABLISHING
THE POSITION OF COMMUNITY DEVELOPMENT DIRECTOR AND
REDEFINING THE DUTIES THEREOF. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Staff Traffic Advisory Committee (STAC)
to amend Title 7, Chapter 5, Section 4 -"Stop Streets"
of the City Code that westbound Harvey Avenue be a one-
way stop street at Cumberland Parkway; and further
recommend to place on First Reading Ordinance T-15-04,
AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND
TRAFFIC" CHAPTER 5, "ONE-WAY, STOP AND YIELD STREETS"
SECTION 4, "STOP STREETS" OF THE CITY OF DES PLAINES CITY
CODE. Motion declared carried as approved unanimously
under Consent Agenda.
ZONING CASE
04-37-V
GARAGE
VARIATION/
1168
VAN BUREN:
Consent
Agenda
Ordinance
Z-37-04
ZONING CASE
04-44-V
FENCE
VARIATION/
797
KENILWORTH:
Consent
Agenda
Ordinance
Z-38-04
ZONING CASE
03-68-V
VARIATION/
1646 LINDEN:
Ordinance
Z-39-04
ROAD SALT
AGREEMENT/
OAK TON
COMMUNITY
COLLEGE:
Consent
Agenda
Resolution
R-92-04
2004-2005
CDBG BUDGET
& ACTION
PLAN:
R-94-04
R-95-04
PAGE FIVE
247
8/2/04
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 04-37-V, to permit an existing legal non-
conforming detached garage with a height of 1 7. 5' to
remain instead of requiring it to be reconstructed to a
height of 15' as required in R-1 Single Family
Residential District, on property located at 1168 Van
Buren Street; an application fee of $195 be refunded to
the petitioner; and further recommend to place on First
Reading Ordinance Z-37-04, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 8.1-3A. OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO ALLOW FOR AN EXISTING LEGAL NON-
CONFORMING OVERSIZED ACCESSORY STRUCTURE (DETACHED
GARAGE) AT 1168 VAN BUREN STREET, DES PLAINES, ILLINOIS
(CASE 04-37-V) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 04-44-V, to permit installation of a 6',
100% opaque fence in the secondary front yard along
Warrington Road, instead of the permitted 4', 50% open
fence, in R-1 Single Family Residential District on
property located at 797 Kenilworth Court; and further
recommend to place on First Reading Ordinance Z-38-04,
AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-lB.
AND 8.2-6A. 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 797 KENILWORTH COURT,
DES PLAINES, ILLINOIS (CASE 04-44-V). Motion declared
carried as approved unanimously under Consent Agenda.
Alderman Brookman stated that this project should be
equipped with a sprinkler system; she wants to help this
developer, but she wants sprinklers in multi-family
buildings.
Moved by Brookman, seconded by
request, re Zoning Case 03-68-V,
sprinklers being required.
Murphy, to approve
contingent upon fire
Moved by Murohv, seconded by Brookman, to adopt a
SUBSTITUTE MOTION to TABLE the recommendation of the Des
Plaines Zoning Board of Appeals, re Zoning Case 03-68-V,
to permit construction of four (4) duplex townhomes with
a lot coverage of 36%, instead of 30%, and a side yard
setback of 4' instead of 5', in R-2 Two-Family
Residential District on property located at 1646 Linden
Street and the placing on First Reading of Ordinance Z-
39-04. Upon roll call, the vote was:
AYES: 4-Beauvais, Murphy, Brookman, Becker,
NAYS: 3-Christiansen, Sayad, Argus
ABSENT: 1-Smith
Motion declared carried.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Intergovernmental Agreement with Oakton
Community College for the sale of road salt on an as-
needed basis during the winter months at a cost equal to
the amount the City pays to purchase the salt from its
vendor; and further recommend to adopt Resolution R-92-
04, A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES
PLAINES AND OAKTON COMMUNITY COLLEGE TO SUPPLY AND SELL
OAKTON COMMUNITY COLLEGE ROAD SALT DURING THE WINTER
MONTHS. Motion declared carried as approved unanimously
under Consent Agenda.
Community Development Block Grant Consultant Nancy Dobner
stated that this is a two-part request: approve the 2004-
2005 CDBG Budget and Consolidated Plan Action Plan for
2004 CDBG Program Year (October 1, 2004 through September
30, 2005), which describes how the City will use the
funds during the Program Year 2004 to address housing a~
community development priorities. ~I
CDBG
(Cont'd. )
Resolution
R-94-04
Resolution
R-95-04
PAGE SIX
248
8 /2 /04
These documents must be submitted to the U.S. Department
of Housing and Urban Development (HUD) no later than
August 15, 2004, in order to receive the budget amount
requested of $416,000; once approved by HUD and the money
received by the City, the Staff will make a
recommendation to the City Council as to how the money
be used and by whom, i.e. housing assistance and h ome
sharing, employment services, emergency shelter program,
child care subsidy program.
A lengthy discussion was held regarding 68 0 Cordial
Drive; the condition of the house and the many complaints
from the neighbors; this is a group home that is
requesting $36,000 in CDBG funds for repairs to the house
and expansion for more residents.
Moved by Beauvais, seconded by Murphy, to approve the
City's Community Development Block Grant (CDBG) Program
Year 2004-05 Budget in the amount of $416,000, but NOT
APPROVE the City Consolidated Plan Action Plan for CDBG
program Year 2004.
Moved by Becker, seconded by Brookman, to adopt a
SUBSTITUTE MOTION to approve the City's Community
Development Block Grant (CDBG) Program Year 2004-05
Budget in the amount of $416,000 and adopt Resolut i on R-
94-04, A RESOLUTION APPROVING THE CITY OF DES PLAINES
2004 -2005 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET ; a nd
further recommend that the Staff be authorized to follow
up on the stated concerns regarding 680 Cordial Drive .
Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker
NAYS: 1-Argus*
ABSENT: 1 -Smith
Motion declared carried.
*Alderman Argus asked leave of the body to change her
vote to yes on the previous motion. There were no
objections. Approving the previous motion were Beauvais ,
Christiansen, Murphy, Sayad, Brookman, Becker, Argus.
Alderman Smith was absent.
Moved by Becker, seconded by Brookman, to approve the
City Consolidated Plan Action Plan for CDBG Program Year
2004 (October 1, 2004 to September 30, 2005); authorize
Mayor and City Clerk to execute the Plan and certificates
required by the U.S. Department of Housing and Urban
Development (HUD); submit all to HUD no later than August
15, 2004; and further recommend to adopt Resolution R-95-
04, A RESOLUTION APPROVING THE CITY OF DES PLAINES 2004
CONSOLIDATED PLAN ACTION PLAN. Upon roll call, the vote
was:
AYES 3-Christiansen, Brookman, Becker
NAYS: 4-Beauvais, Murpy, Sayad, Argus
ABSENT: 1-Smith
MOTION DECLARED FAILED.
Moved by Argus,
previous motion.
seconded by Murphy, to RECONSIDER the
Motion declared carried.
Moved by Argus, seconded by Sayad, to adopt a SUBSTITUTE
MOTION to approve the City Consolidated Plan Action Plan
for CDBG Program Year 2004 (October 1, 2004 to September
30, 2005); authorize Mayor and City Clerk to execute the
Plan and certificates required by the U.S. Department of
Housing and Urban Development (HUD); submit all to HUD
no later than August 15, 2004; adopt Resolution R-95-04 ,
A RESOLUTION APPROVING THE CITY OF DES PLAINES 2004
CONSOLIDATED PLAN ACTION PLAN, and further recommend that
once the Budget and Plan are approved by HUD, the Staff
be authorized to take the necessary legal action to call
for a Public Hearing within 30 days to amend the Plan.
Upon roll call, the vote was:
CDBG
(Cont'd. )
FINAL PLAT/
WOLKE SUBDIV.
2181 ELMIRA:
Consent
Agenda
FINAL PLAT/
PETERSEN
RESUB. 2057
DOUGLAS:
Consent
Agenda
FINAL PLAT/
CASHEL HILL
RESUB. 2221
SPRUCEWOOD:
Consent
Agenda
FINAL PLAT/
ZAJKOWSKI'S
FIRST ADD.
2297 BIRCH:
DRIVEWAY
VARIATION/
465 CORNELL:
Consent
Agenda
DRIVEWAY
VARIATION/
289 s.
WARRINGTON:
Consent
Agenda
PATIO
VARIATION/
1734 FOREST:
Consent
Agenda
PAGE SEVEN
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
249
8 /2 /04
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Wolke Subdivision, 2181 Elmira Avenue; and
Mayor and City Clerk be authorized to execute same.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Petersen's Resubdivision, 2057 Douglas
Avenue; and Mayor and City Clerk be authorized to execute
same. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Cashel Hill Resubdivision, 2221 Sprucewood
Avenue; and Mayor and City Clerk be authorized to execute
same. Motion declared carried as approved unanimously
under Consent Agenda.
Alderman Beauvais stated that she is not voting for any
more 50' lots. Aldermen Murphy and Sayad agreed.
Moved by Becker, seconded by Argus, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Henry Zajkowski's First Addition to Des
Plaines, 2297 Birch Street; and Mayor and City Clerk be
authorized to execute same. MOTION DECLARED FAILED
(Aldermen Christiansen, Becker and Argus voted yes;
Aldermen Beauvais, Murphy and Sayad voted no; Aldermen
Brookman* and Smith were absent - a tie vote is a failed
vote) .
*Later in the meeting Alderman Brookman asked leave of
the body that the record show that she was present and
that she voted yes. There were no objections. Voting
yes on approving the motion were Christiansen, Brookman,
Becker and Argus; voting no were Beauvais, Murphy and
Sayad; Alderman Smith was absent. MOTION DECLARED
CARRIED.
Moved by Say ad, 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 create a parking pad
7' wide x 30' long in the front yard of property located
at 4 65 Cornell Avenue. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, 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 create a parking pad
6. 5' wide x 35' long in the front yard of property
located at 289 S. Warrington Road. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request for after-the-fact
Variation to Section 10-1-11 of the Building Code
Amendments for property located at 1734 Forest Avenue,
to permit existing 55' x 15' patio in the rear yard (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 property and pay a double permit fee of $150 for
building without a permit. Motion declared carried as
approved unanimously under Consent Agenda.
PATIO
VARIATION/
739 S. FIFTH:
Consent
Agenda
MAY ELECTRIC
INSPECTION
SERVICES:
Consent
Agenda
c.o. #1/
ORANGE CRUSH
CONTRACT
RESURFACING
OF STREETS:
Consent
Agenda
UTILITY
RELOCATION/
METROPOLITAN
SQUARE PROJ. :
Consent
Agenda
PURCHASE OF
MONITORS/
DEFIBRILLA. :
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
Z-40-04
MAP AMEND./
777 & 785 w.
LINCOLN LANE:
Consent
Agenda
PAGE EIGHT
250
8/2 /04
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request for Variation to
Section 10-1-11 of the Building Code Amendments for
property located at 739 S. Fifth Avenue to permit a 19'
circular patio in the rear yard (Code prohibits patios
from extending more than 15' from the building
foundation); contingent upon petitioner agreeing to
construct no additional surface or structures on the
property. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, 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 #19753, in the
amount of $7,520/Building & Code Funds, for electrical
inspection services provided in June, 2004. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize Change Order #1 to
contract with Orange Crush LLC, 321 S. Center Street,
Hillside, IL 60162, for 2004 Street & Utility
Improvements -Contract A (approved by the City Council
on May 3, 2004 in the amount of $1,528,197) to add
$150,000 from Public Works Department budget for
resurfacing of various streets, for a revised contract
amount of $1,678,197. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to approve overhead to underground
utility relocation work within the Miner Street alley
between City Hall and Pearson Street, within t h e
Metropolitan Square Development project, and associated
work order agreements with the utility companies, in the
approximate amount of $1 million/Downtown TIF #1 Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize purchase of Four (4)
ZOLL Monitors/Defibrillators and Accessories from ZOLL
Medical Corporation, 269 Mill Road, Chelmsford, MA 01824,
in the total amount of $95,407.40/Budgeted Funds; and it
would be in the best interest of the City that usual bid
procedures be waived. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Sodium Chloride (Rock Salt),
returnable by 3:00 p.m., Wednesday, August 25, 2004.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2004 Street and Utility
Improvements Contract C, returnable by 3: 00 p.m.,
Wednesday, August 25, 2004. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to place on First
Reading Ordinance Z-40-04, AN ORDINANCE GRANTING A
REQUEST FOR A MAP AMENDMENT FROM R-1 SINGLE-FAMILY
RESIDENTIAL TO C-3 GENERAL COMMERCIAL AT 777 AND 785
LINCOLN LANE (REAR YARDS ONLY), DES PLAINES, ILLINOIS
(Case 04-36-MA) . Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE
M-46-04
LIQ. LIC.
UPDATE:
Consent
Agenda
ORDINANCE
T-12-04
TRAFFIC
RESTRICTION/
OAKWOOD AVE . :
Consent
Agenda
ORDINANCE
T-13-04
TRAFFIC
RESTRICTION/
OAKWOOD AVE . :
Consent
Agenda
ORDINANCE
T-15-04
TRAFFIC
RESTRICTION/
HARVEY AVE. :
ORDINANCE
Z-37-04
GARAGE
VARIATION/
1168
VAN BUREN:
ORDINANCE
Z-38-04
FENCE
VARIATION/
797
KENILWORTH:
FINAL PLAT/
ZAJKOWSKI'S
FIRST ADD.
2297 BIRCH:
PAGE NINE
251
8 /2 /04
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
M-46-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5,
"LICENSE FEES AND NUMBERS" OF THE CITY CODE OF DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
T-12-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES
AND TRAFFIC" CHAPTER 5, "ONE-WAY, STOP AND YIELD STREETS"
SECTION 5, "YIELD RIGHT OF WAY" OF THE CITY OF DES
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
T-13-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES
AND TRAFFIC" CHAPTER 5, "ONE-WAY, STOP AND YIELD STREETS"
SECTION 4, "STOP STREETS" OF THE CITY OF DES PLAINES CITY
CODE. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to advance t o
Second Reading and adopt Ordinance T-15-04, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER
5, "ONE-WAY, STOP AND YIELD STREETS" SECTION 4, "STOP
STREETS" OF THE CITY OF DES PLAINES CITY CODE. Upon roll
call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
Moved by Christiansen, seconded by Murphy, to advance to
Second Reading and adopt Ordinance Z-37-04, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTION 8.l-3A. OF THE CITY
OF DES PLAINES ZONING ORDINANCE TO ALLOW FOR AN EXISTING
LEGAL NON-CONFORMING OVERSIZED ACCESSORY STRUCTURE
(DETACHED GARAGE) AT 1168 VAN BUREN STREET, DES PLAINES ,
ILLINOIS (CASE 04-37-V). Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
Moved by Argus, seconded by Murphy, to advance to Second
Reading and adopt Ordinance Z-38-04, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTIONS 8.2-lB. AND 8.2-6A.
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 797 KENILWORTH COURT, DES
PLAINES, ILLINOIS (Case 04-44-0V). Upon roll call , the
vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Argus
NAYS: 0-None
ABSENT: 2-Brookman, Smith
Motion declared carried.
At this point in the meeting, Alderman Brookman requested
leave of the body that the record show that she was
present and that she voted yes earlier in the evening to
approve Final Plat for Henry Zajkowski's First Addition
to Des Plaines, 2297 Birch Street; and Mayor and City
Clerk be authorized to execute same. There were no
objections. Motion was then declared carried.
WARRANT
REGISTER:
SOCIAL
SERVICE
AGENCIES
FUNDING:
PAGE TEN
252
8/2/04
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Becker, seconded by Sayad, that Voucher #102881
-The Missner Group, in the amount of $7,346, be removed
from the Warrant Register and placed on the August 16,
2004 Warrant Register. Motion declared carried.
Alderman Christiansen requested that Voucher #103580 -
William & Constance Christiansen, in the amount of
$1,000, be removed from the Warrant Register so it can
be voted on separately.
Moved by Murphy, seconded by Christiansen, to recommend
to the City Council approval of the August 2 , 2004 -
Warrant Register, AS AMENDED, in the total amount of
$2,611,868.54; and further recommend that Resoluti on R-
96-04 be adopted at appropriate time this eveni ng.
Motion declared carried.
Moved by Murphy, seconded by Becker, to recommend to the
City Council approval of Voucher #103580 -William &
Constance Christiansen, in the amount of $1,000. Motion
declared carried (total Warrant Register now
$2,612,868.54). Alderman Christiansen abstained.
COMMUNITY SERVICES -Alderman Brookman, Chair
Alderman Christiansen requested that funding allocations
for The Center of Concern and Self-Help Closet & Food
Pantry of Des Plaines be voted on separately.
Moved by Christiansen, seconded by Beauvais,
with Staff recommendation and recommend to
Council to approve funding for Social
to concur
the Ci ty
Service
Agencies/Organizations as follows:
Avenues to Independence
Children's Advocacy Center
The Harbour, Inc.
Journey from P.A.D.S. to HOPE
Maine Center, Inc.
Northwest Center Against Sexual Assault
Northwest Suburban Day Care Center
Rainbow Hospice
Shelter, Inc.
Suburban Primary Health Care Council
The Salvation Army (Comm. Counseling)
The Volunteer Center
Motion declared carried.
$ 1,739.00
1,250.00
1,304.00
3,299.16
2,864.16
2,174.00
2,429.16
870.00
1,304.00
1,500.00
2,429.16
500.00
Moved by Becker, seconded by Beauvais, to concur with
Staff recommendation and recommend to the City Council
to approve funding for Social Service
Agencies/Organizations as follows:
The Center of Concern
Self-Help Closet & Food Pantry
Motion declared carried.
abstained.
Total funding $29,999.96.
$ 3,299.1 6
5,038.16
Christiansen Alderman
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
ZONING CASE
04-42-V
GARAGE
VARIATION/
1323 WEBSTER:
WARRANT
REGISTER:
Resolution
R-96-04
SOCIAL
SERVICE
AGENCIES
FUNDING:
PAGE ELEVEN
253
8/2/04
Moved by Murphy, seconded by Sayad, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, and recommend to the City Council, re Zoning Case
04-42-V, to permit construction of a detached garage with
a side yard setback of 2' instead of the required 5', and
a height of 17.5' instead of the required 15', in R-1
Single Family Residential District on property located
at 1323 Webster Lane; and Ordinance Z-41-04 be placed on
First Reading at appropriate time this evening. Motion
declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Murphy, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-96-04, 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:
$2, 611, 8 68. 54 -AS AMENDED. Upon roll call, the vote
was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
Moved by Sayad, seconded by Murphy, to concur with
recommendation of Committee of the Whole to approve
Voucher #103580 -William & Constance Christiansen, in
the amount of $1,000. Upon roll call, the vote was:
AYES: 6-Beauvais, Murphy, Sayad,
Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
ABSTAIN:l-Christiansen (conflict of interest)
Motion declared carried (Warrant Register total now
$2,612,868.54).
Moved by Brookman, seconded by Sayad, to concur with
recommendation of Committee of the Whole to approve
funding for Social Service Agencies/Organizations as
follows:
Avenue to Independence
Children's Advocacy Center
The Harbour, Inc.
Journey from P.A.D.S. to HOPE
Maine Center, Inc.
Northwest Center Against Sexual Assault
Northwest Suburban Day Care Center
Rainbow Hospice
Shelter, Inc.
Suburban Primary Health Care Council
The Salvation Army (Comm. Counseling)
The Volunteer Center
Upon roll call, the vote was:
$ 1,739.00
1,250.00
1,304.00
3,299.16
2,864.16
2,174.00
2,429.16
870.00
1,304.00
1,500.00
2,429.16
500.00
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
Moved by Brookman, seconded by Beauvais, to concur with
recommendation of Committee of the Whole to approve
funding for Social Service Agencies/Organizations as
follows:
The Center of Concern
Self-Help Closet & Food Pantry
$ 3,299.16
5,038.16
FUNDING
(Cont'd.)
ZONING CASE
04-42-V
GARAGE
VARIATION/
1323 WEBSTER:
Ordinance
Z-41-04
ADJOURNMENT:
PAGE TWELVE
Upon roll call, the vote was:
AYES: 6-Beauvais, Murphy, Sayad,
Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
ABSTAIN:l-Christiansen (conflict of interest)
Motion declared carried.
Total funding $29,999.96.
254
8 /2 /04
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole, re Zoning Case
04-42-V, to permit construction of a detached garage with
a side yard setback of 2' instead of the required 5', and
a height of 17.5' instead of the required 15', in R-1
Residential District on property located at 1323 Webster
Lane; and further recommend to place on First Reading
Ordinance Z-41-04. Motion declared carried.
Moved by Becker, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-41-04, AN ORDINANCE
AUTHORIZING A VARIATION TO SECTIONS 7.2-4D. AND 8.l-3C.
OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE
CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE
(DETACHED GARAGE) AT 1323 WEBSTER LANE, DES PLAINES,
ILLINOIS (Case 04-42-V). Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Argus
NAYS: 0-None
ABSENT: 1-Smith
Motion declared carried.
Alderman Brookman left the meeting at 9:43 p.m.
Moved by Sayad, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:45 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS )9