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09-07-2004264 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, TUESDAY, SEPTEMBER 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, September 7, 2004. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Also present were: City Manager Niemeyer, Director of Finance Egeberg , Police Chief Prandini, Fire Chief Farinella, Chief Fire Inspector Schuman, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community Development Bleuher, Director of Human Resources Bajor and Assistant City Attorney Bartel. PRAYER AND PLEDGE: PROCLAMATION: CITIZEN PARTICIPA. : SALARIES OF ELECTED OFFICIALS: ZONING CASE 04-26-MAP MAP AMEND./ 3000 s. SCOTT ST.: The opening prayer was given by Reverend Dr. William Grice, First Congregational Church of Des Plaines, followed by the Pledge of Allegiance. Mayor Arredia introduced Beverly Witmer, daughter of Margaret and Stanley Stockton, and read a proclamation honoring the Stocktons, long time residents of Des Plaines, who loved the City, helped their neighbors and contributed in so many ways to the betterment of the community. Mayor Arredia introduced Andy Samborski, a member of the Knights of Columbus, and read a proclamation proclaiming September 1 7-19, 2004 as Helping Citizens with Developmental Disabilities Days, and urged all residents to support the valuable work and generous service of the Knights of Columbus. Mayor Arredia introduced Rick Ornberg, Exe cu ti ve Director of the Des Plaines Chamber of Commerce & Industry, and read a proclamation proclaiming the week of September 13- 17, 2004 as Des Plaines Chamber of Commerce Week. Mr. Norm Duncan, 603 S. Des Plaines-River Road, addressed the City Council asking for an update on the status of locating a post office in the downtown area. Alderman Becker said the post office has chosen a site and are in the process of getting their lease together; they will be in business sometime in the spring. Moved by Sayad, seconded by Murphy, to POSTPONE until September 20, 2004, the matter of Salaries of Elected Officials scheduled to be discussed under Committee of the Whole later in the evening; and a Finance & Administration Committee meeting be held Monday, September 13, 2004 at 9:00 a.m. in Room 101 of City Hall to discuss Salaries of Elected Officials and Update on Price Waterhouse Health Insurance Survey. Motion declared carried. Moved by Becker, seconded by Argus, to TABLE the matter of Zoning Case 04-26-MAP, 3000 S. Scott Street (Seminole Park), scheduled to be discussed under Committee of the Whole later in the evening. Motion declared carried. CONSENT AGENDA: MINUTES: Consent Agenda LICENSE AGREEMENT/ 539 WAIKIKI: Consent Agenda Ordinance M-54-04 LICENSE AGREEMENT/ 540 WAIKIKI: Consent Agenda Ordinance M-55-04 CONDEMNATION OF MINER ST. PROPERTY/ RAND PARK FLOOD PROJ. : Consent Agenda Ordinance M-56-04 PAGE TWO 265 9/7/04 Moved by Beauvais, seconded by Christiansen, to establish a Consent Agenda. Motion declared carried. Moved by Murphy, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances T-16-04, Z-43-04, Z-44-04 and Z-45-04 were adopted; Ordinances M-54-04, M-55-04 and M- 56-04 were placed on First Reading; and Resolutions R- 106-04 and R-107-04 were adopted. Moved by Murphy, seconded by Brookman, to approve minutes of the regular meeting of the City Council held August 16, 2004, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to approve minutes of the Executive Session of the City Council held August 16, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, 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 539 Waikiki Drive; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-54-04, 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 ELIZABETH WASNIEWSKI, 539 WAIKIKI DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, 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 540 Waikiki Drive; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-55-04, 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 RENATA AND KRZYSZTOF MORUSZEWICZ, 540 WAIKIKI DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize City's Special Attorneys, Neal Murdock & Associates, LLC, 203 N. LaSalle Street, Suite 2300, Chicago, IL 60601, to proceed with condemnation action on properties at 1842, 1844 and 1846 Miner Street, to acquire easements that are necessary for the construction of the Rand Park Flood Control Wetland Mitigation Project (Levy 50) and which will allow the City to obtain the approximate $9 million in funds set aside by the State of Illinois for this project; and further recommend to place on First Reading Ordinance M- 56-04, AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY CONDEMNATION OR OTHERWISE FOR THE RAND PARK FLOOD CONTROL WETLAND MITIGATION PROJECT. Motion declared carried as approved unanimously under Consent Agenda. NATIONAL INCIDENT MGMT. SYSTEM POLICY: Consent Agenda Resolution R-106-04 LED TRAFFIC SIGNAL LIGHT. UPGRADE: Consent Agenda Resolution R-107-04 LIQ. LIC./ 1177 s. ELMHURST: Consent Agenda DRIVEWAY APRON/ 251 WILLE: Consent Agenda PARKING PAD VARIATION/ 109 CORNELL: Consent Agenda PATIO VARIATION/ 2035 SPRUCE: Consent Agenda PATIO VARIATION/ 2039 WELWYN AVE. : Consent Agenda PAGE THREE 266 9/7/04 Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize City to adopt the National Incident Management System as the public policy in the event of a national emergency, which will aid the City in being reimbursed for costs expended during and after a declared emergency or disaster and for training and preparation for such disaster or emergencies; and further recommend to adopt Resolution R-106-04, A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM IN THE CITY OF DES PLAINES FOR NATIONAL EMERGENCY PURPOSES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Grant Agreement with Illinois Clean Energy Community Foundation, 2 N. LaSalle Street, Suite 950, Chicago, IL 60602, for the LED Traffic Signal Lighting Upgrade Project, and accept a grant in the amount of $2,600 to upgrade the Oakton and White Streets traffic light; and further recommend to adopt Resolution R-107-04, A RESOLUTION APPROVING THE EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS CLEAN ENERGY COMMUNITY FOUNDATION AND THE CITY OF DES PLAINES FOR THE LED TRAFFIC SIGNAL LIGHTING UPGRADE PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Mayoral recommendation to approve Change of Ownership for Class E -Restaurant and Dining Room Liquor License, for property located at 1177 S. Elmhurst Road, d/b/a Maurya; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to grant request to permit construction of a 45' wide driveway apron in connection with the development of 251 Wille Road (TIF #3) (by Code, maximum width in commercial and industrial areas is 35'). Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, 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 10' wide x 26' long parking pad in the rear yard abutting an alley on property located at 109 Cornell Avenue (Code prohibits parking pads-driveways from exceeding 18' at the property line). Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, 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 12' wide x 22' long triangular shape patio in the rear yard of property located at 2035 Spruce Avenue (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, 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 12' x 12' addition to existing patio in rear yard adj a cent to detached garage on property located at 2039 Welwyn Avenue (Code prohibits patios from extending more than 15' from the building foundation); contingent upon petitioner agreeing not to construct any additional hard surface or structures on the property. Motion declared carried as approved unanimously under Consent Agenda. REIMBURSEMENT LEAKING STORAGE TANK/ WALGREEN'S SITE: Consent Agenda REPLACEMENT WINDOWS/ PUB. WKS. FACILITY: Consent Agenda POLICE OFF. TRAINING PROGRAM: Consent Agenda JULY PLANNING SERVICES TO ZONING BOARD OF APPEALS: Consent Agenda BID AWARD/ 2004 STREET & UTILITY IMPV. CONTRACT C: Consent Agenda BID AWARD/ PUBCHASE OF SALT: Consent Agenda ORDINANCE T-16-04 MUNICIPAL EMPLOYEE PARKING LOTS: Consent Agenda ORDINANCE Z-43-04 FENCE VARIA. AS MINOR VARIATIONS: Consent Agenda PAGE FOUR 267 9/7/04 Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize payment in the amount of $55,642.12 to LAB Graceland Development Ltd., 200 W. Russell Street, Barrington, IL 60010, as reimbursement for money expended in addressing the leaking underground storage tank on property located at the Graceland Avenue- Miner Street Walgreen's site; payment would be made from proceeds already received by the City from the Illinois Environmental Protection Agency LUST Fund of that same amount (no cost to the City). Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to accept lowest proposal received to replace sixteen windows in the Public Works Facility office and Police Range classroom, 1111 Joseph J. Schwab Road, from Air Seal of Chicagoland, Inc., 1776 Rand Road, Des Plaines, IL 60016, in the total amount of $9,360/2004 Budget; 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 Murphy, seconded by Brookman, to concur with Staff recommendation to authorize payment to Northwestern University Center for Public Safety, % Business Office, P.O. Box 1409, Evanston, IL 60204, to send a police officer to a 10-week program at the School of Staff and Command, in the amount of $8, 609/2004 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize payment to Land Strategies, Inc., 1700 W. Irving Park Road, Suite 202, Chicago, IL 60613, for on-call Planning Services to the Des Plaines Zoning Board of Appeals for July, 2004, in the amount of $5, 421. 23/2004 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to award bid for 2004 Street and Utility Improvements -Contract C Project to the lowest bidder, Glenbrook Excavating, 2038 9 N. Weiland Road, Prairie View, IL 60069, in the total bid amount of $397, 900/Sewer Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to award bid for two (2)-year Supply and Deli very of Sodium Chloride Salt, to the lowest bidder, Morton Salt, 123 N. Wacker Drive, Chicago, IL 60606, in the amount of $31.78 per ton for Year One and $32.78 per ton for Year Two/Motor Fund Tax Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to adopt 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 Murphy, seconded by Brookman, to adopt Ordinance Z-43-04, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTIONS 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. ORDINANCE Z-44-04 FENCES ALONG RAILROAD R-0-W: Consent Agenda ORDINANCE Z-45-04 MAP AMEND./ 1601, 1603 & 1609 HILLS: Consent Agenda APPOINTMENTS/ REAPPOINT. : ORDINANCE M-54-04 LIC. AGREE./ 539 WAIKIKI: ORDINANCE M-55-04 LIC. AGREE./ 540 WAIKIKI: ORDINANCE M-56-04 CONDEM. MINER ST. PROPERTY: PAGE FIVE 268 9/7/04 Moved by Murphy, seconded by Brookman, to adopt 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 Murphy, seconded by Brookman, to adopt 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. Presented for consideration (no action required) were the following appointments/reappointments: Appointments: SPECIAL EVENTS COMMISSION Joanne Troost (replacing Edith Behnke) Deidre' Troost-Rhodes (replacing Heather Wallace) Reappointments: LIBRARY BOARD -Mary Ellicson, Susan Weinberg SPECIAL EVENTS COMMISSION Lucille Adamick, Gayle Mountcastle, Richard Gravesmill (final action on these matters under Consent Agenda on September 20, 2004) Moved by Smith, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-54-04, 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 PROPERTY OWNER, ELIZABETH WASNIEWSKI, 539 WAIKIKI DRIVE, DES PLAINES, ILLINOIS (Case 04-42-LA). Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-55-04, 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 PROPERTY OWNERS, RENATA AND KRZYSZTOF MORUSZEWICZ, 540 WAIKIKI DRIVE, DES PLAINES, ILLINOIS (Case 04-43-LA). Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-56-04, AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY CONDEMNATION OR OTHERWISE FOR THE RAND PARK FLOOD CONTROL WETLAND MITIGATION PROJECT. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE WARRANT REGISTER: RESIDENTIAL FIRE SPRINKLER SYSTEMS: LICENSE AGREEMENT/ 222 GROVE: 269 9 /7/04 PAGE SIX FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Murphy, to recommend to the City Council approval of the September 7, 2004 - Warrant Register, in the total amount of $3,241,409.30; and further recommend that Resolution R-105-04 be adopted at appropriate time this evening. Motion declared carried. BUILDING CODE -Alderman Christiansen, Chair Fire Chief Farinella reviewed his memo of August 24, 2004, and showed a brief video showing that the use of automatic fire sprinklers save lives, reduce injuries and protect property; the Fire Department strongly recommends an ordinance requiring residential sprinkler systems in accordance with the National Fire Protection Association (NFPA) 13D -Standard for the Installation of Sprinkler Systems In One-and Two-Family Dwellings and Manufactured Homes; the Fire Department also recommends fire sprinklers for all new construction greater than 1,000 square feet. Alderman Sayad stated that these sprinkler systems should be inspected. Fire Chief Farinella said this requirement could be incorporated in the rules; he will check with other communities to see how they are doing that. Chief Fire Inspector Schuman stated that businesses are required to do inspections which is done by a private company. Alderman Smith stated that the City should offer incentives to people who sprinkler their homes, i.e. waive real estate transfer tax fee when they move. Alderman Brookman stated that this is a good ordinance; offering incentives to people for retrofitting their homes is good; we should not delay. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council that proposed Ordinance M-57-04 regarding Automatic Sprinkler Systems be placed on First Reading at appropriate time this evening, and Staff be authorized to research what other communities are doing regarding this matter. Moved by Beauvais, seconded by Murphy, to adopt a substitute motion to concur with Staff recommendation and recommend to the City Council that proposed Ordinance M- 57-04 requiring fire sprinklers in all new residential construction greater than 1,000 square feet, including tear-down and reconstruction of a new home on the same foundation, excepting detached buildings, i.e. garages, carports and greenhouses; but NOT include retrofitting of fire sprinklers in new additions to existing homes; and Staff be authorized to research what other communities are doing regarding this matter, and report back to the City Council on October 4, 2004. Motion declared carried. Alderman Christiansen reviewed this request for an after- the-fact license agreement to permit the 12' wide x 32.5' long asphalt pavement on the shoulder area, installed without a permit, to remain on property located at 222 Grove Avenue. Alderman Beauvais stated that this area does not have curbs and gutters; other areas of the City are like this . Petitioner Jose Cortez addressed the Committee of Whole and answered questions from the aldermen. t~ 222 GROVE (Cont'd. ) ZONING CASE 04-40-V HEIGHT VARIATION/ 2800 MANNHEIM: La QUINTA REDEVELOPMENT AGREEMENT AMENDMENTS/ 2800 MANNHEIM: PAGE SEVEN 270 9/7/04 Alderman Becker stated that perhaps this should go back for further review. Alderman Beauvais stated that in other parts of the City people have filled in their culverts; why is that allowed? Moved by Beauvais, seconded by Becker, to recommend to the City Council that the request for an after-the-fact license agreement for property located at 222 Grove Avenue be referred back to Staff for further review. Moved by Smith, seconded by Murphy, to adopt a substitute motion to concur with Staff recommendation and recommend to the City Council to DENY request for an after-the-fact license agreement to permit the 12' wide x 32.5' long asphalt pavement on the shoulder area, installed without a permit, to remain on property located at 222 Grove Avenue; and further recommend that petitioner be required to remove the existing asphalt pavement on the shoulder area. Motion declared carried (Aldermen Christiansen, Murphy, Sayad, Smith, Argus voted yes; Aldermen Beauvais, Brookman, Becker voted no). Moved by Beauvais, seconded by Brookman, to recommend to the City Council that petitioner not be required to pay for a permit to remove the asphalt pavement. MOTION DECLARED FAILED (Aldermen Beauvais and Brookman voted yes; Aldermen Christiansen, Murphy, Sayad, Becker, Smith, Argus voted no) . COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed this request for a Major Variation to Section 7. 3-6 (D) of the Zoning Code to increase the height of the proposed hotel (LaQuinta) from the presently permitted height of 72' with a 92' tower to 80' with a 92' tower in C-3 General Commercial District on property located at 2800 Mannheim Road. Real Estate & Development Director Tim Peters, LaQuinta Corporation, 909 Hidden Ridge, Suite 600, Irving, TX 75038, addressed the Committee of the Whole and answered questions of the aldermen. Moved by Sayad, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff and recommend to the City Council, re Zoning 04-40- V, to grant request for a Major Variation of Section 7.3- 6(D) of the Zoning Code to increase the height of the proposed hotel (LaQuinta) from the presently permitted height of 72' with a 92' tower to 80' with a 92' tower in C-3 General Commercial District on property located at 2800 Mannheim Road; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Beauvais voted no. Alderman Becker reviewed the amendments requested by LaQuinta Inns, Inc. to their redevelopment agreement for the proposed hotel on property located at 2800 Mannheim Road; the amendments would include LaQuinta Inns, Inc. paying $500,000 for the vacated streets up front, increase the hotel-motel tax to 8% and rebate 3% back to LaQuinta until the rebate reaches $1.7 million; LaQuinta Inns, Inc. will retain 10% ownership with The Harp Group owning 90%, but it may not always be a LaQuinta Inn; and the completion date be extended to August, 2005. Director of Real Estate & Development, Tim Peters, La Quinta Corporation, 909 Hidden Ridge, Suite 600, Irving, TX 75038; Director of Client Services, Brad Garner, Smith Research, 735 E. Main Street, Hendersonville, TN and Travel 37075; ~ REDEV. AGREE. (Cont'd. ) EXEC. SESS. MINUTES/ 8/2/04: ORDINANCE M-53-04 COMPENSATION PLAN/ PUBLIC WORKS EMPLOYEES: WARRANT REGISTER: Resolution R-105-04 PAGE EIGHT 271 9/7/04 Mr. Peter Dumon, The Harp Group, 377 Butterfield Road, Suite 690, Lombard, IL 60198, addressed the Committee of the Whole and answered questions of the aldermen. Alderman Sayad asked Mr. Peters, for the record, whether the 8% hotel-motel tax would hinder his business. Mr. Peters said it would not. Alderman Brookman stated that she has a problem with this request; she would like to see more information from the Staff; the developer wants the city to cover all of their overrun costs. Alderman Becker stated that this will not cost the City any money. Mr. Peters stated that LaQuinta Inns, Inc. has already invested $4 million in this project; it is in their best interest to get this up and running as soon as possible. Moved by Becker, seconded by Sayad, to recommend to the City Council that City Attorney be authorized to prepare revised redevelopment agreement with LaQuinta Inns, Inc. , with requested amendments and necessary resolution, for proposed LaQuinta Hotel on property located at 2800 Mannheim Road. Motion declared carried. Alderman Brookman voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Brookman, seconded by Christiansen, to amend Page Two of the Executive Session minutes of the City Council held August 2, 2004, regarding Wille Road Industrial Park, LLC, as requested by Alderman Brookman and City Attorney Wiltse. Motion declared carried. Alderman Beauvais abstained (she was not at the meeting). Moved by Brookman, seconded by Sayad, to approve minutes of the Executive Session of the City Council held August 2, 2004 -AS AMENDED. Motion declared carried. Alderman Beauvais abstained (she was not at the meeting) Moved by Christiansen, seconded by Becker, to adopt Ordinance M-53-04, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 8 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE VI-A, "LABOR AND TRADES GROUP" TO REFLECT THE ADOPTION OF THE NEW COLLECTIVE BARGAINING AGREEMENT EFFECTIVE MAY 1, 2004 THROUGH DECEMBER 31, 2007. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-105-04, 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: $3,241,409.30. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. RESIDENTIAL FIRE SPRINKLER SYSTEMS: Ordinance M-57-04 LICENSE AGREEMENT/ 222 GROVE: La QUINTA REDEVELOPMENT AGREEMENT AMENDMENTS/ 2800 MANNHEIM: ZONING CASE 04-40-V HEIGHT VARIATION/ 2800 MANNHEIM: PETITIONS/ STOP-SPEED SIGNS BEAU DRIVE: ADJOURNMENT: PAGE NINE 272 9 /7/04 Moved by Christiansen, seconded by Becker, to concur with recommendation of Committee of the Whole to approve proposed ordinance requiring fire sprinklers in all new residential construction greater than 1,000 square feet, including tear-down and reconstruction of a new home on the same foundation, excepting detached buildings, i.e. garages, carports and greenhouses, but NOT include retrofitting of fire sprinklers in new additions to existing homes, and place on First Reading Ordinance M- 57-04, AN ORDINANCE AMENDING TITLE II, "FIRE REGULATIONS," CHAPTER 8, "AUTOMATIC SPRINKLER SYSTEMS" OF THE CITY OF DES PLAINES CITY CODE; and further recommend that Staff be authorized to research what other communities are doing regarding this matter and report back to the City Council on October 4, 2004. Motion declared carried. Moved by Christiansen, seconded by Smith, to concur with recommendation of Committee of the Whole to DENY request for an after-the-fact license agreement to permit the 12' wide x 32.5' long asphalt pavement on the shoulder area, installed without a permit, to remain on property located at 222 Grove Avenue; and further recommend that petitioner be required to remove the existing asphalt pavement on the shoulder area. Motion declared carried (Aldermen Christiansen, Murphy, Sayad, Smith, Argus voted yes; Aldermen Beauvais, Brookman, Becker voted no.). Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole that City Attorney be authorized to prepare revised redevelopment agreement with LaQuinta Inns, Inc., with requested amendments and necessary resolution, for proposed LaQuinta Hotel on property located at 2800 Mannheim Road. Motion declared carried. Alderman Brookman voted no. Moved by Becker, seconded by Christiansen, to concur with recommendation of Committee of the Whole, re Zoning Case 04-40-V, to grant request for a Major Vari a tion to Section 7. 3-6 ( D) of the Zoning Code to increase the height of the proposed hotel (LaQuinta) from the presently permitted height of 72' with a 92' tower to 80' with a 92' tower in C-3 General Commercial District on property located at 2800 Mannheim Road; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Beauvais voted no. Mayor Arredia referred petitions received by City Clerk McAllister from Alderman Argus requesting that stop signs and speed limit signs be placed along Beau Drive south of Dempster/Thacker Street and at the corner of Florian and Beau Drives, to Staff for review and report. Moved by Beauvais, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:01 p.m. ~krtvaJ2~· Donna McAllister, MMC -CITY CLERK APPRO~~~± DAY OF , 2004 /.) ~-==------= Ant ~W. Arredia, MAYOR