10-04-2004282
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, OCTOBER 4, 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, October 4, 2004.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Sayad, Becker, Smith, Argus. Aldermen
Beauvais, Murphy and Brookman were absent. Alderman
Murphy arrived in Executive Session at 6:06 p.m.
Alderman Brookman arrived at 6:55 p.m. Alderman Beauvais
arrived at 7:05 p.m.
Also present were: City Manager Niemeyer, Director of Finance Egeberg,
Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley,
Assistant Director of Public Works Bernar, Director of Community
Development Bleuher, Director of Human Resources Baj or and Assistant City
Attorney Bartel.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
CITIZEN
PARTICIPA.:
COLLECTIVE
BARGAINING/
FIREFIGHTERS
LOCAL #4211:
Moved by Argus, seconded by Sayad, to go into Executive
Session to discuss collective bargaining. 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 Reverend Richard Mau,
Immanuel Lutheran Church, followed by the Pledge of
Allegiance.
Mayor Arredia and Police Chief Prandini recognized Marion
Meseth who was recently chosen to receive a TRIAD Senior
Citizen Volunteer Award plaque at the 2004 Illinois TRIAD
Conference for her outstanding hard work and dedication.
Alderman Beauvais arrived at 7:05 p.m.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council regarding his concerns that the City did not go
out for competitive bids for the billboard locations; he
also questioned the increase in salary that the former
fire chief recently received.
Moved by Murphy, seconded by Sayad, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding negotiations with Des
Plaines Professional Firefighter's Union, International
Association of Firefighters, Local #4211. Motion
declared carried.
SUSPEND THE
RULES/
PUBLIC
COMMENT:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
SITING
APPROVAL/
P.W. TRANSFER
STATION
EXPANSION:
Consent
Agenda
Resolution
R-113-04
MILL STREET
OVERHEAD
UTILITIES
RELOCATION/
TIF #1:
Consent
Agenda
Resolution
R-114-04
PAGE TWO
283
10/4/04
Moved by Murphy, seconded by Beauvais, to suspend the
rules to permit a resident to speak who missed the
Citizen Participation portion of the meeting. Motion
declared carried.
Mr. Stan Zimmerman, 408 S. Wolf Road, addressed the City
Council questioning why it is necessary to have a new
sprinkler ordinance; if an annual inspection is
necessary, then the sprinkler systems is not fool-proof ;
Des Plaines has not had a death from fire in many, many
years; you have to look into this more closely.
Alderman Sayad requested that Item 14 be removed from the
Consent Agenda.
Moved by Beauvais, seconded by Murphy, to establish a
Consent Agenda except for Item 14. Motion declared
carried.
Moved by Brookman, seconded by Beauvais, 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
M-58-04 and Z-39-04 were adopted; and Resolutions R-113-
04, R-114-04 and R-116-04 were adopted.
Moved by Brookman, seconded by Beauvais, to approve
minutes of the regular meeting of the City Council held
September 20, 2004, as published. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to approve
minutes of Executive Session of the City Council held
September 20, 2004. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that Mayor be authorized to execute
Certification of Siting Approval (LPC-PA8) as required
by the Illinois Environmental Protection Agency, 1021 N.
Grand Avenue East, P.O. Box 19276, Springfield, IL 62794,
to permit City to apply for a permit for the expansion
of the Public Works Transfer Station on property located
at 1111 Joseph Schwab Road (required public hearing was
held on August 16, 2004 -no comments received); and
further recommend to adopt Resolution R-113-04, A
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CERTIFICATION OF SITING APPROVAL FOR THE PUBLIC WORKS
TRANSFER STATION EXPANSION FOR THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from Pirtano
Construction Company, Inc., 1766 Armitage Court, Addison,
IL 60101, to install conduits for the telecommunications/
cable companies in connection with the Mill Street
Overhead Utilities Relocation Project as required under
the redevelopment agreement with River Mill, LLC
(approved by the City Council on February 5, 2001), in
the amount of $16,929/TIF #1 Funds; and it would be in
the best interest of the City that usual bid procedures
be waived; and further recommend to adopt Resolution R-
114-04, A RESOLUTION AUTHORIZING ACCEPTANCE OF A PROPOSAL
FROM PIRTANO CONSTRUCTION FOR THE INSTALLATION OF
CONDUITS FOR THE MILL STREET OVERHEAD UTILITIES
RELOCATION PROJECT IN THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
CONSTR. SVS./
SCADA SYSTEM
UPGRADE
PROJECT:
Consent
Agenda
Resolution
R-116-04
PARKING PAD
VARIATION/
2001
EASTVIEW DR. :
Consent
Agenda
PATIO
VARIATION/
449
RADCLIFFE:
Consent
Agenda
PURCHASE OF
FIRE DEPT.
BUNKER GEAR:
Consent
Agenda
PURCHASE OF
LAPTOPS FOR
FIRE DEPT.:
Consent
Agenda
MAIN WATER
PUMP EMERG.
REPAIR:
Consent
Agenda
CITY FEES/
OPTIMIST
TREE LOT:
Consent
Agenda
PAGE THREE
284
10 /4 /04
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from Westin
Engineering, Inc., 221 N. LaSalle Street, Suite 1260,
Chicago, IL 60601, to provide construction services for
the Water Distribution SCADA System Upgrade Project, in
the amount of $65,644/Water Funds; Mayor and City Clerk
be authorized to execute necessary documents; and further
recommend to adopt Resolution R-116-04, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING
ACCEPTANCE OF A PROPOSAL BY WESTIN ENGINEERING, INC.,
PROPOSAL NUMBER P04-216, FOR ENGINEERING SERVICES DURING
BIDDING AND CONSTRUCTION OF THE SCADA UPGRADE PROJECT.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, 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/turnaround area, 18' wide x 18' long, in the front
yard of property located at 2001 Eastview Drive. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, 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
construction of an 18' x 19' patio in the rear yard of
property located at 449 Radcliffe Avenue (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 Brookman, seconded by Beauvais, to concur with
Staff recommendation accept proposal from W. S. Darley,
2000 Anson Drive, Melrose Park, IL 60160, for the
purchase of Eight (8) Sets of Bunker Gear in the total
amount of $12,039.20/2004 Budgeted Funds, for the Fire
Department; 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 Brookman, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from Itronix
Corporation, 801 S. Stevens Street, Spokane, WA 99204,
for the purchase of Twelve (12) Itronics GoBook II Mobile
Data Terminal Units (laptops) and Accessories for the
Fire Department, in the total amount of $53,145.68/2004
Budgeted FDERF 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 Brookman, seconded by Beauvais, to concur with
Staff recommendation approve "after the fact" emergency
repair to a main water pump at the water plant in the
amount of $12,205/Water Fund, to Layne-Western, 721 W.
Illinois Avenue, Aurora, IL 60506; 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 Brookman, seconded by Beauvais, to concur with
Staff recommendation to grant request from Optimist Club
of Des Plaines that all City fees be waived for their
annual Christmas Tree Sales Project, November 27 to
December 31, 2004. Motion declared carried as approved
unanimously under Consent Agenda.
ADVERTISING
FOR BIDS:
REAPPOINT. :
ORDINANCE
M-58-04
HOURS FOR
BUS.-CONSTR.
NOISE:
Consent
Agenda
ORDINANCE
Z-39-04
VARIATION/
1646
LINDEN ST.:
Consent
Agenda
WARRANT
REGISTER:
ZONING CASE
04-35-CU
CONDI. USE/
1855 E.
OAKTON ST.:
PAGE FOUR
285
10/4/04
Moved by Brookman, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Resurfacing of Concrete Apparatus
Floors, Fire Station #1, #2 and #3, returnable by 3:00
p.m., Wednesday, October 20, 2004. Motion declared
carried as approved unanimously under Consent Agenda.
Alderman Sayad stated that people interested in being
reappointed to a board or commission should submit a
letter; he also thinks appointees should live in Des
Plaines; we have good people who want to serve; we should
look at these people too; this process should be re-
evaluated.
Moved by Christiansen, seconded by Murphy, to approve
Mayoral reappointments as follows:
LIBRARY BOARD
Eldon Burk, term to expire June 30, 2007
BOARD OF FIRE & POLICE COMMISSIONERS
Don Rosedale, term to expire April 30, 2006
Motion declared carried. Alderman Sayad voted no.
Moved by Brookman, seconded by Beauvais, to adopt
Ordinance M-58-04, AN ORDINANCE AMENDING TITLE 5, "PUBLIC
HEALTH AND SAFETY" CHAPTER 3, "NUISANCES" SECTION 1,
"NUISANCES DECLARED" BY ADDING O, "USE OF EQUIPMENT" TO
THE DES PLAINES CITY CODE. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Beauvais, to adopt
Ordinance Z-39-04, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 7. 2-5D. OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT CONSTRUCTION OF FOUR RESIDENTIAL
DUPLEX TOWNHOUSES WITH A LOT COVERAGE OF 36% AND A SIDE
YARD SETBACK OF 4 FEET IN A R-2 TWO-FAMILY RESIDENTIAL
DISTRICT AT 1646 LINDEN STREET, DES PLAINES, ILLINOIS
(Case 03-68-V) . 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 Murohv, seconded by Christiansen, to recommend
to the City Council approval of the Ocober 4, 2004 -
Warrant Register, in the total amount of $2,384,049.88;
and further recommend that Resolution R-117-04 be adopted
at appropriate time this evening. Motion declared
carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker reviewed this request for a Conditional
Use to permit a motor vehicle sales lot and a reduction
in the minimum lot size on property located at 1855 E.
Oakton Street.
Petitioners Shankar Patel and Bipin Patel addressed the
Committee of the Whole and answered questions from the
aldermen regarding lot grading, lighting, number of cars
that would be on the property, etc.
Alderman Christiansen asked the petitioners how long they
have owned the property. Mr. Bipin Patel said nine (9)
years.
AMENDMENT 10/18/04
ADD:
"Mr. Patel stated that at some point before he was allowed
to speak, Tom Becker made mention of the fact that it looked as
though they were grading to the east and south of the building.
Following what Tom Becker said, Mr. Paatel stated that the
reason for the removal of three truckloads of dirt was so they
could do landscaping."
OAKTON ST.
(Cont'd.)
ZONING CASE
04-50-CU
CONDIT. USE/
52 EAST
NORTHWEST
HIGHWAY:
PAGE FIVE
286
10/4/04
Alderman Christiansen stated that he has received many
complaints about this property; the petitioners have not
been good neighbors; he is opposed to this not only
because of how they have treated their neighbors, but he
doesn't think the City wants this kind of business at the
entrance of our City; he will be voting against this
request.
Alderman Beauvais stated that she too will be voting no;
there are several complaints in our Building Department
about this property; she does not want to see any more
car dealerships in our City; they are not kept up; they
are out of control; she would like to see a moratorium
placed on this type of business.
Alderman Murphy asked if the City has ever granted a
variation for this large of a reduction in lot size.
City Engineer Oakley said no.
Alderman Brookman stated that she is concerned about the
quality of life for the residents in the surrounding
area; she will be voting no until the petitioners show
an effort to be more neighborhood friendly.
Alderman Smith stated that he doesn't think we should
have a used car lot in this location, but we shouldn't
deny the request based on the fact that he wasn't a good
neighbor.
Alderman Argus stated that she would like to vote for
this request but you haven't been a good neighbor; you
have to do a better job.
Ms. Linda Caruth, 1868 Bennett Place, addressed the
Committee of the Whole stating that she is glad to hear
that you are against this request; we are concerned about
how the property looks; they have cleared a lot from the
site and only replaced it with one (1) load of dirt.
Moved by Sayad, seconded by Beauvais, to recommend to the
City Council, re Zoning Case 04-35-CU, to DENY request
for Conditional Use to permit a motor vehicle sales lot
and a reduction in the minimum lot size from 25,000 sq.
ft. to 14,277 sq. ft. in C-3 General Commercial District
on property located at 1855 E. Oakton Street. Motion
declared carried.
Alderman Becker reviewed this request to permit
development of a bank and drive-through facility at 52
East Northwest Highway.
A representative from the American United Bank & Trust,
321 W. Golf Road, Schaumburg, IL 60196, and architect,
Mark Freding, The Richmond Company, W228N745 Westmound
Drive, Waukesha, WI, addressed the Committee of the Whole
and answered questions from the aldermen.
Alderman Becker asked if there would be a problem with
complying with the conditions for approval. Mr. Freding
said that they have no problem with the conditions.
Alderman Beauvais asked questions regarding the traffic
pattern on the site; she has many concerns about this.
Alderman Murphy stated that she too would like more
information about how these lanes would used; she doesn't
think this is the best configuration for this site; she
thinks this is a good project, but you need to work on
some of these concerns.
Alderman Becker stated that he is concerned about a
single lane drive-through, but if the petitioner is not
concerned, that is his business.
N.W. HIGHWAY
(Cont'd. )
ZONING CASE
04-53-V
HEIGHT
VARIATION/
1970 LEE:
ZONING CASE
04-55-CU
CONDIT. USE/
772 w.
OAKTON ST.:
ORDINANCE
Z-47-04
VARIATION/
2800
MANNHEIM:
ORDINANCE
M-61-04
SALARY OF
CITY CLERK:
L.01
10/4/04
PAGE SIX
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that if a bank didn't have
enough lanes, he wouldn't deal with that bank.
Moved by Beauvais, seconded by Brookman, to concur with
recommendation of the Des Plaines Zoning Board of Appeals
and Staff, and recommend to the City Council , re Zoni ng
Case 04-50-CU, to permit the development of a bank a nd
drive-through facility, with conditions, i n C-3 Gener a l
Commercial District on property located at 52 East
Northwest Highway; City Attorney be authorized to draft
necessary ordinance; and further recommend that Staff be
authorized to meet with the developer regarding t h e
concerns about the traffic pattern on the site and the
drive-through facility. Motion declared carri ed.
Alderman Becker reviewed this request for a Variat i on to
permit construction of a detached garage with a height
of 18' rather than the permitted 15'.
Petitioner Anthony Slivka addressed the Committee of the
Whole and answered questions of the aldermen.
Moved by Brookman, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
recommend to the City Council, re Zoning Case 04-53-V,
to grant request for Variation to permit construction o f
a detached garage with a height of 18' rather than t he
permitted 15' in R-1 Single-Family Residential Dist ric t
on property located at 1970 Lee Street; and City Attorney
be authorized to draft necessary ordinance. Motion
declared carried. Alderman Smith voted no.
Alderman Becker reviewed this request to permit the
development of a motor vehicle sales facility on property
located at 772 W. Oakton Street.
Petitioner Tim Zaehler addressed the Committee of the
Whole and answered questions from the aldermen.
Moved by Argus, 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
04-55-CU, to grant request to permit development of a
motor vehicle sales facility, with conditions, in R-1
Single-Family Residential District on property located
at 772 W. Oakton Street; and City Attorney be authorized
to draft necessary ordinance. Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Sayad, to adopt Ordinance
Z-47-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION
7.3-6 D. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
INCREASE THE PERMITTED HEIGHT OF A HOTEL WITH A TOWER AT
2800 SOUTH MANNHEIM ROAD, DES PLAINES, ILLINOIS (Case 04-
4 0-V) .
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Christiansen, seconded by Becker, to adopt
Ordinance M-61-04, AN ORDINANCE AMENDING TITLE 1,
"ADMINISTRATIVE, II CHAPTER 7 I "CITY OFFICIALS, II SECTION
5, "OFFICIAL SALARIES," OF THE DES PLAINES CITY CODE.
CITY CLERK
(Cont'd. )
WARRANT
REGISTER:
Resolution
R-117-04
ZONING CASE
04-35-CU
CONDIT. USE/
1855 E.
OAKTON ST.:
ZONING CASE
04-50-CU
CONDIT. USE/
52 EAST
NORTHWEST
HIGHWAY:
ZONING CASE
04-53-V
HEIGHT
VARIATION/
1970 LEE:
ZONING CASE
04-55-CU
CONDIT. USE/
772 w.
OAKTON ST.:
PAGE SEVEN
Upon roll call, the vote was:
288
10/4/04
AYES: 5-Christiansen, Sayad, Becker, Smith, Arredia
NAYS: 4-Beauvais, Murphy, Brookman, Argus*
ABSENT: 0-None
Motion declared carried.
*Alderman Argus first voted aye and then asked leave of
the body to change her vote to no. There were no
objection,S.
Moved by Sayad, seconded by Becker, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-117-04, 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:
$2,384,049.88. 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 Becker, seconded by Brookman, to concur with
recommendation of Committee of the Whole to DENY request,
re Zoning Case 04-35-CU, for Conditional Use to permit
a motor vehicle sales lot and a reduction in the minimum
lot size from 25,000 sq. ft. to 14,277 sq. ft. in C-3
General Commercial District on property located at 1855
E. Oakton Street. Motion declared carried.
Moved by Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole, re Zoning Case
04-50-CU, to permit the development of a bank and drive-
through facility, with conditions, in C-3 General
Commercial District on property located at 52 East
Northwest Highway; City Attorney be authorized to draft
necessary ordinance; and further recommend that Staff be
authorized to meet with the developer regarding the
concerns about the traffic pattern on the site and the
drive-through facility. Motion declared carried (further
action on this matter under Consent Agenda on November
1, 2004).
Moved by Becker, seconded by Brookman, to concur with
recommendation of Committee of the Whole, re Zoning Case
04-53-V, to grant request for Variation to permit
construction of a detached garage with a height of 18'
rather than the permitted 15' in R-1 Single-Family
Residential District on property located at 1970 Lee
Street; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried. Alderman
Smith voted no. (further action on this matter under
Unfinished Business on November 1, 2004)
Moved by Becker, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning Case
04-55-CU, to grant request to permit development of a
motor vehicle sales facility, with conditions, in R-1
Single-Family Residential District on property located
at 772 W. Oakton Street; and City Attorney be authorized
to draft necessary ordinance. Motion declared carried
(further action on this matter under Consent Agenda on
November 1, 2004).
ADJOURNMENT:
PAGE EIGHT
289
10 /4/04
Moved by Beauvais, seconded by Becker, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:05 p.m.
Donna McAllister, MMC CITY CLERK