08-16-2004254
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 16, 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 16, 2004.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Sayad, Becker, Smith, Argus. Aldermen
Beauvais, Murphy and Brookman were absent. Alderman
Brookman arrived in Executive Session at 6:24 p.m.
Alderman Murphy arrived in Executive Session at 6:30 p.m.
Alderman Brookman left the meeting at 8:44 p.m.
Also present were: Acting City Manager/Director of Human Resources Baj or,
Director of Finance Egeberg, Police Chief Prandini, Fire Chief Farinella,
Assistant Director of Engineering Duddles, Director of Public Works
Dusckett, Acting Director of Community Development Molinari, Assistant
City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PUBLIC
HEARING/
TRANSFER STA.
EXPAN. SITE
APPROVAL:
CALL TO
ORDER:
DISCUSSION:
Moved by Christiansen, seconded by Sayad, to go into
Executive Session to discuss acquisition of real
property, setting price for sale of property, collective
bargaining and personnel. Upon roll call, the vote was:
AYES: 5-Christiansen, Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 3-Beauvais, Murphy, Brookman
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated
Christiansen, Murphy,
Argus.
the following aldermen present:
Sayad, Brookman, Becker, Smith,
The opening prayer was given by Kathy Seng, Spiritual
Assembly of the Bahai's of Des Plaines, followed by the
Pledge of Allegiance.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES
PLAINES CIVIC CENTER, MONDAY, AUGUST 16, 2004
Mayor Arredia called the Public Hearing to order at 7:02
p.m. The Public Hearing was being held pursuant to legal
notice to consider City's application to the Illinois
Environmental Protection Agency (IEPA), requesting local
site approval for the expansion of its current transfer
station at 1111 Joseph J. Schwab Road, to receive and
store leaves, woodchips and clean construction-demolition
debris from City programs and projects.
Environmental Services Coordinator, Christine Baj or, gave
a brief overview of the need for this expansion; a
transfer station permit is necessary for facilities that
accept wastes for temporary storage, which will then be
transported (by a hauler) to a more appropriate disposal
location or site.
A resident at 2137 Busse Highway addressed the City
Council asking for the exact location of this expansion;
will it be near her property?; she objects to this; there
will be added debris and noise; the truck noise start ~
PUB. HEARING
(Cont'd. )
CITIZEN
PARTICIPA. :
SALARIES OF
ELECTED
OFFICIALS:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
PAGE TWO
255
8/16/04
at 6:15 a.m. Environmental Services Coordinator Bajor
showed the resident on a map where the expansion would
be; it would not be near her house.
There will be further action on this matter later in the
meeting.
The Public Hearing adjourned at 7:06 p.m.
The City Council reconvened at 7:07 p.m.
Mrs. Noreen Lake, President of the Des Plaines Library
Board, addressed the City Council and brought them up-to-
date about the situation at the Library regarding filters
on the computers; the Library Board will be proposing a
change in policy at their Board meeting tomorrow night
that images would be filtered on all their computers;
this policy change will be reviewed in six (6) months to
see if it is being done properly; she thanked the Library
Board and Staff and all the people who came to their
meetings about this matter; she also thanked Mayor
Arredia, Aldermen Argus and Brookman for their support.
Mr. Rudy Pamintuan, 1770 Campbell Avenue, addressed the
City Council stating that the Library Board went in the
right direction; they did their due diligent duty; the
Library Board should be elected and not appointed by the
City Council; in the meantime, he is recommending that
Kimberley Bilotech and Patricia Thompson be considered
for appointment to the Library Board when positions
become available.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that he and some other residents have
been looking into the parking situation in downtown Des
Plaines; he requested information under the Freedom of
Information Act about the number of parking spaces at the
Library parking deck and the lease agreement with the 701
Lee Street building; he did not receive all the
information he requested. Alderman Sayad said he would
meet with Mr. Powers and the other residents about this
matter.
Moved by Sayad, seconded by Becker, to POSTPONE until
September 7, 2004, the matter of salaries for elected
officials scheduled to be discussed in the Committee of
the Whole later in the meeting. Motion declared carried.
Alderman Brookman requested that Item 2 be removed from
the Consent Agenda.
Moved by Brookman, seconded by Sayad, to establish a
Consent Agenda except for Item 2. Motion declared
carried.
Moved by Christiansen, seconded by Murphy, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Minutes were approved; Staff recommendations and requests
were approved; Ordinances M-48-04, M-49-04, M-50-04, M-
51-04 and Z-40-04 were adopted; Ordinances T-16-04, Z-43-
04, Z-44-04 and Z-45-04 were placed on First Reading; and
Resolutions R-99-04, R-100-04, R-101-04 and R-102-04 were
adopted.
Moved by Christiansen, seconded by Murphy, to approve
minutes of the regular meeting of the City Council held
August 2, 2004, as published. Motion declared carried
as approved unanimously under Consent Agenda.
EXEC. SESS.
MINUTES/
8/2/04:
MUNICIPAL
EMPLOYEE
PARKING LOTS:
Consent
Agenda
Ordinance
T-16-04
FENCE
VARIATIONS AS
MINOR
VARIATIONS:
Consent
Agenda
Ordinance
Z-43-04
FENCES ALONG
RAILROAD
RIGHT-OF-
WAYS:
Consent
Agenda
Ordinance
Z-44-04
RESCIND ORD.
Z-35-03 AND
MAP AMEND./
HILLS AVE.:
Consent
Agenda
Ordinance
Z-45-04
SURVEY &
DESIGN SVS./
2005 REAR
YARD DRAINAGE
IMPROVE.:
Consent
Agenda
R-99-04
PAGE THREE
256
8/16/04
Alderman Brookman requested that the minutes of the
Exe cu ti ve Session of the City Council held August 2,
2004, be held for her amendments.
Moved by Becker, seconded by Sayad, to POSTPONE until
September 7, 2004, approval of minutes of Executive
Session of the City Council held August 2, 2004. Motion
declared carried.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to amend Title 7, Chapter 7
"Parking Lots" of the City Code to add a new Section 8 -
"Municipal Employee Parking Lots" to reserve the Civic
Center parking deck, the parking lot adj a cent to the
Police Department and the parking lot at 606 Lee Street
as parking for City employees only, except that parking
will be permitted in the 606 Lee Street lot after 5:00
p.m. to 6: 00 a.m., Monday through Friday and all day
Saturdays and Sundays; and further recommend to place on
First Reading Ordinance T-16-04, AN ORDINANCE AMENDING
TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 7, "PARKING
LOTS" BY ADDING SECTION 8, "MUNICIPAL EMPLOYEE PARKING
LOTS" OF THE CITY OF DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to amend Section 3-6. 5 -"Minor
Variations" and Section 3-6.6 -"Standard Variations" of
the Zoning Code to make all fence variations Minor
Variations so that action will be final with the Zoning
Administrator; and further recommend to place on First
Reading Ordinance Z-43-04, AN ORDINANCE AUTHORIZING A
TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE
SECTION 3-6. 5, "MINOR VARIATIONS" AND SECTION 3-6. 6,
"STANDARD VARIATIONS," TO RE-CATEGORIZE ANY FENCE
VARIATION TO A MINOR VARIATION. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to amend Section 8. 2-1 -"Height
Requirement" of the Zoning Code that lots that abut the
railroad right-of-way may erect an 8' high fence along
the side that abuts the railroad right-of-way; and
further recommend to place on First Reading Ordinance Z-
44-04, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE
CITY OF DES PLAINES ZONING CODE SECTION 8.2-1, "HEIGHT
REQUIREMENT," TO PERMIT AN EIGHT-FOOT TALL FENCE ALONG
THE SIDE OF THE PROPERTY THAT ABUTS THE RAILROAD RIGHT-
OF-WAY. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to rescind Ordinance Z-35-03,
adopted by the City Council on December 1, 2003, granting
request for a Map Amendment from R-1 Single Family
Residential District to C-3 General Commercial District
for property located at 1601, 1603 and 1609 Hills Avenue,
because of a change in one of the three parties; and re-
adopt an ordinance with the same conditions; and further
recommend to place on First Reading Ordinance Z-45-04,
AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM
R-1 SINGLE-FAMILY RESIDENTIAL TO C-3 GENERAL COMMERCIAL
LOCATED AT 1601, 1603 AND 1609 HILLS AVENUE, DES PLAINES,
ILLINOIS (Case 02-79-A). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to accept proposal from Wight
Consul ting, 127 S. Northwest Highway, Barrington, IL
60010, to provide Topographic Surveying and Design
Services for 2005 Capital Improvement Program Rear Yard
Drainage Improvements, in the total amount of
$72,660/General Improvement Fund; and further recommend
to adopt Resolution R-99-04, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, ~
R-99-04
(Cont'd. )
VEH. ENFORCE.
AGREEMENT/
318 THIRD:
Consent
Agenda
Resolution
R-100-04
VEH. ENFORCE.
AGREEMENT/
328 THIRD:
Consent
Agenda
Resolution
R-101-04
CONTRACTS/
2004-05
NEW YEAR'S
CELEBRATION:
Consent
Agenda
Resolution
R-102-04
TRANSFER
STATION
EXPANSION/
1111 JOSEPH
SCHWAB RD.:
Consent
Agenda
PAGE FOUR
257
8/16/04
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN WIGHT
CONSULTING AND THE CITY OF DES PLAINES FOR TOPOGRAPHIC
SURVEYING AND DESIGN SERVICES AS PART OF THE 2005 CAPITAL
IMPROVEMENT PROGRAM REAR YARD DRAINAGE IMPROVEMENTS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Agreement for Enforcement of
Municipal Ordinances on Private Property for police,
traffic and parking enforcement for property located at
318 N. Third Avenue; and further recommend to adopt
Resolution R-100-04, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL
ORDINANCES UNDER TITLES 5 "PUBLIC HEALTH AND SAFETY," 6
"POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC"
OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF
DES PLAINES AND KULA DAVIDSON LOCATED AT 318 NORTH THIRD
AVENUE, DES PLAINES ILLINOIS FOR PARKING ENFORCEMENT.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Agreement for Enforcement of Municipal
Ordinances on Private Property for police, traffic and
parking enforcement for property located at 328 N. Third
Avenue; and further recommend to adopt Resolution R-101-
04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER
TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE
REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE
CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES
PLAINES AND SAM STANFA LOCATED AT 328 NORTH THIRD AVENUE,
DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute two (2) Agreement for Services with Woolson
Production Group, 1739 Chestnut Avenue, Building #5,
Glenview, IL 60025, to provide DJ music and diamond drop
countdown, and the stage display for the New Year's
Celebration on December 31, 2004, in the total amount of
$6,000, which is being underwritten by Franczak &
Associates, 751 Graceland Avenue (no cost to the City);
and further recommend to adopt Resolution R-102-04, A
RESOLUTION AUTHORIZING CONTRACTS BETWEEN WOOLSON
PRODUCTION GROUP AND THE CITY OF DES PLAINES FOR DJ
MUSIC, A DIAMOND DROP COUNTDOWN AND A STAGE DISPLAY
SECTION FOR THE NEW YEAR'S EVE 2005 FESTIVITIES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to approve local site for expansion
of Public Works transfer station at 1111 Joseph Schwab
Road, to permit City to apply for an expansion permit
with the Illinois Environmental Protection Agency (IEPA)
to receive and store leaves, woodchips and clean
construction-demolition debris from City programs and
projects, contingent upon a 30-day comment period; and
City Attorney be authorized to draft necessary resolution
for approval on October 4, 2004. Motion declared carried
as approved unanimously under Consent Agenda.
FINAL PLAT/
JAN MASTELA
SUBDIVISION
1820 WEBSTER
AND 1817
PLAINFIELD
Consent
Agenda
PARKING PAD
VARIATION/
709 MARK:
Consent
Agenda
PATIO
VARIATION/
1811 KROWKA:
Consent
Agenda
PATIO
VARIATION/
1012 SECOND:
Consent
Agenda
PATIO
VARIATION/
1445
WEDGEWOOD:
Consent
Agenda
PURCHASE OF
STRETCHERS:
Consent
Agenda
ORDINANCE
M-48-04
LIC. AGREE./
2224
WESTVIEW:
Consent
Agenda
PAGE FIVE
258
8/16/04
Moved by Christiansen, seconded by Murphy, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Jan Mastela Subdivision, 1820 Webster Lane
and 1817 Plainfield Drive; and Mayor and City Clerk be
authorized to execute same. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, 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
5. 5' wide x 56. 5' long in the front yard of property
located at 709 Mark Avenue. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, 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 35' x 20' elliptical patio in the rear
yard of property located at 1811 Krowka 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 property. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to grant request for Variation to
Se ct ion 10-1-11 of the Bui 1 ding Code Amendments , for
property located at 1012 Second Avenue, to permit
construction of a 39' x 36' patio-pool deck in the rear
yard, which would extend 40' from the building foundation
(Code prohibits patios from extending more than 15' from
the building foundation); and permit patio to be only 3'
from the side yard line (Code prohibits patios from
extending closer than 5' from the side yard line);
contingent upon petitioner agreeing to construct no
additional hard surface or structures on the property.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to grant request for Variation to
Section 10-1-11 of the Building Code Amendments, for
property located at 1445 Wedgewood Avenue, to permit
construction of a 15' x 26' patio in the rear yard behind
a wood deck that extends 15' -4" from the building
foundation (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. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Murphy, to concur with
Staff recommendation to authorize purchase of Five (5)
Ferno Model 28 Stretchers, with a total weight capacity
of 650 pounds, for the Fire Department, in the total
amount of $14,905/2004 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 Christiansen, seconded by Murphy, to adopt
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 WOZNICZKA, 2224 WESTVIEW DRIVE, DES PLAINES,
ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE
M-49-04
LIC. AGREE./
605 E.
BIRCHWOOD:
Consent
Agenda
ORDINANCE
M-50-04
RESCIND ORD.
M-20-97/
BRICK PAVERS:
Consent
Agenda
ORDINANCE
M-51-04
DIR. OF
COMM. DEVEL.
POSITION:
Consent
Agenda
ORDINANCE
Z-40-04
MAP. AMEND./
777 & 785 w.
LINCOLN LANE:
Consent
Agenda
WARRANT
REGISTER:
PARKING PAD
VARIATION/
1489
MARSHALL:
259
8/16/04
PAGE SIX
Moved by Christiansen, seconded by Murphy, to adopt
Ordinance M-4 9-04, 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 Christiansen, seconded by Murphy, to adopt
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 Christiansen, seconded by Murphy, to adopt
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 Christiansen, seconded by Murphy, to adopt
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.
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 August 16, 2004 -
Warrant Register, in the total amount of $3,950,056.89;
and further recommend that Resolution R-103-04 be adopted
at appropriate time this evening. Motion declared
carried.
BUILDING CODE -Alderman Christiansen, Chair
Acting Director of Community Development Molinari
reviewed his memo of July 20, 2004, regarding request for
after-the-fact Variation to enlarge existing driveway to
create a brick-parking pad 5.75' wide x 26.75' long, in
the front yard of property located at 14 8 9 Marshall;
Staff is recommending against granting this request; the
driveway would be adjacent to the neighbor's drivway and
may cause a line of sight problem.
Alderman Argus stated that this property is in her Ward;
the petitioner said he would not use this area as a
parking pad; it would look better this way.
Petitioner Chittazhath Thomas addressed the Committee of
the Whole stating that he did not intend to violate
anything; when this area was grass it would sometimes
hold water; it will look good with the bricks; his
neighbor has no problem with this request.
Mr. Jim Vinci, 1481 Marshall Drive, addressed
Committee of the Whole stating that he is
petitioner's neighbor; he has no problem with
request.
the
the
this
·~
MARSHALL DR.
(Cont'd.)
PATIO
VARIATION/
161 N.
MT. PROSPECT:
ORDINANCE
M-52-04
SALARY
ADJUSTMENT/
FIRE CHIEF:
PAGE SEVEN
260
8/16/04
Moved by Becker, seconded by Sayad, to recommend to the
City Council to grant request for after-the-fact
Variation to Section 10-1-11 of the Building Code
Amendments to enlarge existing driveway to create a
brick-parking pad 5.75' wide x 26.75' long in the front
yard of property located at 1489 Marshall Drive;
contingent upon petitioner paying a $150 double permit
fee for building without a permit. Motion declared
carried.
Acting Director of Community Development Molinari
reviewed his memo of July 20, 2004, regarding request for
an after-the-fact variation, for property located at 161
N. Mt. Prospect Road, to permit construction of a 25.3'
x 12.5' patio in the rear yard 4' from the rear property
line and 40' from the building foundation; Staff is
recommending against granting this request because it
would exceed the permitted hard surface lot coverage and
the patio would create a drainage problem for the
neighbor to the rear of the property.
Petitioner Anuradha Verma addressed the Committee of the
Whole stating that there is water in this area because
of the rain; she has had many problems with this
neighbor.
Mr. Bill Niehaus, 160 N. Westgate Road, addressed the
Committee of the Whole stating that he is the neighbor
to the rear of the property; he has lived here 40 years;
he opposes this variation.
A general discussion followed on possible options subject
to the easement.
Moved by Smith, seconded by Brookman, to recommend to the
City Council that the request for an after-the-fact
Variation, for property located at 161 N. Mt. Prospect
Road, to Section 10-1-11 of the Building Code Amendments
to permit construction of an 25.3' x 12.5' patio in rear
yard 4' from the rear property line and 40' from the
building foundation be POSTPONED until September 20, 2004
for further review by the Staff. Motion declared
carried. Aldermen Christiansen and Becker voted no.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Sayad, to place on First
Reading Ordinance M-52-04, AN ORDINANCE AMENDING TITLE
1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION
AND COMPENSATION PLAN," SECTION 4, "CLASSIFICATION PLAN
TO THE CITY SERVICE," SCHEDULE VI I "MANAGEMENT PERSONNEL"
OF THE CITY CODE.
Moved by Brookman, seconded by Murphy, to suspend the
rules to permit public input on this matter. Motion
declared failed (Aldermen Murphy, Brookman and Smith
voted yes; Aldermen Christiansen, Sayad, Becker and Argus
voted no) .
Alderman Brookman stated that this is unacceptable and
wrong; there was no public input on this matter; we are
circumventing the process.
Upon roll call on the original motion, 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.
WARRANT
REGISTER:
Resolution
R-103-04
PARKING PAD
VARIATION/
1489
MARSHALL:
PATIO
VARIATION/
161 N.
MT. PROSPECT:
ORDINANCE
M-52-04
SALARY
ADJUSTMENT/
FIRE CHIEF:
ACQUIS. OF
PROPERTY/
2687
MANNHEIM
TIF #6:
Resolution
R-97-04
PAGE EIGHT
261
8/16/04
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-103-04, 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:
$3,950,056.89. 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 Argus, to concur with
recommendation of Committee of the Whole to grant request
for after-the-fact Variation to Section 10-1-11 of the
Building Code Amendments to enlarge existing driveway to
create a brick-parking pad 5.75' wide x 26.75' long in
the front yard of property located at 1489 Marshall
Drive; contingent upon petitioner paying a $150 double
permit fee for building without a permit. Motion
declared carried.
Moved by Argus, seconded by Murphy, to concur with
recommendation of Committee of the Whole that the request
for an after-the-fact Variation, for property located at
161 N. Mt. Prospect Road, to Section 10-1-11 of the
Building Code Amendments to permit construction of an
25. 3' x 12. 5' patio in rear yard 4' from the rear
property line and 40' from the building foundation be
POSTPONED until September 20, 2004 for further review by
the Staff. Motion declared carried. Aldermen
Christiansen and Becker voted no.
Moved by Argus, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-52-04, AN ORDINANCE
AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION
CLASSIFICATION AND COMPENSATION PLAN," SECTION 4
"CLASSIFICATION PLAN TO THE CITY SERVICE," SCHEDULE VII
"MANAGEMENT PERSONNEL" OF THE CITY CODE. 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.
Moved by Becker, seconded by Argus, to concur with
consensus in Executive Session that Staff be authorized
to finalize purchase of 2687 Mannheim Road (O'Hare
Liquors), from Dejhitu Bahagwaker, Ashwin Bahagwaker and
Dharmesh Bahagwaker (First National Bank of Wheaton
Trustee under Trust #1075), in the amount of $240,000,
to become part of the Mannheim-Higgins Redevelopment Plan
and Project Area -TIF #6, with a possession date as
determined in the Agreed Final Judgment Order; and
further recommend to adopt Resolution R-97-04, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREED FINAL
JUDGMENT ORDER PROVIDING FOR THE ACQUISITION OF PROPERTY
WITHIN THE CITY OF DES PLAINES REDEVELOPMENT AREA TIF #6
KNOWN AS 2687 MANNHEIM ROAD, DES PLAINES. Upon roll
call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
ACQUIS. OF
PROPERTY/
2695
MANNHEIM
TIF #6:
Resolution
R-98-04
SETTING PRICE
FOR SALE OF
PROPERTY/
O'HARE EXPAN.
COLLECTIVE
BARGAINING/
MECCA UNION
CONTRACT
(P.W.):
Resolution
R-104-04
Ordinance
M-53-04
PERSONNEL/
FIRE
PREVENTION
BUREAU:
PAGE NINE
262
8/16/04
Moved by Becker, seconded by Christiansen, to concur with
majority agreement in Executive Session that Staff be
authorized to finalize purchase of 2695 Mannheim Road
(restaurant), from Nicholaus E. And Efstathia
Knellopoulos, in the amount of $235,000, to become part
of the Mannheim-Higgins Redevelopment Plan and Project
Area -TIF #6, with a possession date as determined in
the Agreed Final Judgment Order; and further recommend
to adopt Resolution R-98-04, A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREED FINAL JUDGMENT ORDER PROVIDING FOR
THE ACQUISITION OF PROPERTY WITHIN THE CITY OF DES
PLAINES REDEVELOPMENT AREA TIF #6 KNOWN AS 2695 MANNHEIM
ROAD, DES PLAINES. Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Brookman
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
ABSTAIN:l-Sayad (conflict of interest)
Motion declared carried.
Moved by Smith, seconded by Sayad, to concur with
consensus in Executive Session that Staff be authorized
to negotiate with the City of Chicago a price for the
acquisition of land in the Old Higgins Road area for
O'Hare Land Acquisition Program, and report back to the
City Council. Motion declared carried.
Moved by Murphy, seconded by Argus, to concur with
majority agreement in Executive Session to ratify the
collective bargaining agreement with MECCA of Des
Plaines, Inc. (Public Works), for a period beginning May
1, 2004 and expire December 31, 2007; Mayor and City
Clerk be authorized to execute same; and further
recommend to adopt Resolution R-104-04, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN MECCA
OF DES PLAINES, INC. AND THE CITY OF DES PLAINES ,
EFFECTIVE MAY 1, 2004 THROUGH DECEMBER 31, 2007. Upon
roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith
NAYS: 1-Argus
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Murphy, seconded by Christiansen, to concur with
majority agreement in Executive Session to place on First
Reading Ordinance M-53-04, AN ORDINANCE AMENDING TITLE
1 "ADMINISTRATIVE," OF CHAPTER 8 "POSITION CLASSIFICATION
AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN
TO THE CITY SERVICE" FOR SCHEDULE VI-A "LABOR AND TRADES
GROUP" TO REFLECT THE ADOPTION OF THE NEW COLLECTIVE
BARGAINING AGREEMENT EFFECTIVE MAY 1, 2004 THROUGH
DECEMBER 31, 2007. Motion declared carried. Alderman
Argus voted no.
Moved by Murphy, seconded by Christiansen, to concur with
majority agreement in Executive Session to make no
changes in the operation of the Fire Prevention Bureau.
Alderman Argus stated that she believes in privatization;
our City Manager has come up with an idea to save the
City money; we could use retired firefighters for these
positions.
Motion declared carried. Alderman Argus voted no.
Alderman Brookman left the meeting at 8:44 p.m.
ADJOURNMENT:
AP PROV
PAGE TEN
263
8/1 6/04
Moved by Christiansen, seconded by Murphy, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 8:55 p.m.
~~ Donna McAllister, MMC -CITY CLERK
Anthony w:-Arredia, MAYOR