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11-15-2004306 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, NOVEMBER 15, 2004 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by City Clerk Donna McAllister at 6: 00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, November 15, 2004. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Sayad, Becker, Smith and Argus. Aldermen Beauvais, Murphy and Brookman were absent. Alderman Murphy arrived at 6:06 p.m. Alderman Brookman arrived in Executive Session at 6:11 p.m. Alderman Beauvais arrived in Executive Session at 6:33 p.m. Also present were: City Manager Niemeyer, Director of Finance Egeberg, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community Development Bleuher, Assistant City Attorney Bartel and City Attorney Wiltse. MAYOR PRO TEM: EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: Moved by Sayad, seconded by Smith, to elect Alderman Christiansen as Mayor Pro Tern during the absence of Mayor Arredia. Motion declared carried. Moved by Sayad, seconded by Argus, to go into Executive Session to discuss pending litigation. 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 6:05 p.m. The City Council reconvened at 7:05 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Father John Rallis, St. John Greek Orthodox Church, followed by the Pledge of Allegiance. Mayor Pro Tern Christiansen introduced Steven Schaefer, representing the Veterans of Foreign Wars, Post #2992 , who announced that former Des Plaines resident, Corporal Peter Giannopoulos, was killed in Iraq on November 11, 2004; Mr. Schaefer requested that people remember Peter in their prayers and all our fighting men and women. Mayor Pro Tern Christiansen introduced and recognized Denise Muresan, a student at Maine West High School, who recently took 2nct Place in the Illinois State Tennis Championship; Denise also ranked 7th in the Chicago District and ranked 11th in the Midwest Region. Police Chief Prandini recognized the Des Plaines Pol i ce Department's Citizens on Patrol who were recently named a Governor's Hometown Award winner; Chief Prandini also recognized former Des Plaines Police Chief Jim Ryan, who developed this program; Chief Prandini introduced Community Oriented Policing Coordinator Chris Terrazzino who, in turn, introduced and congratulated the members of the Citizens on Patrol. PUBLIC HEARING/ SPECIAL SVS. AREA #6: CALL TO ORDER: DISCUSSION: CITIZEN PARTICIPA.: PENDING LITIGATION/ BILLBOARDS: CONSENT AGENDA: MINUTES: Consent Agenda PAGE TWO 307 11/15/04 MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES PLAINES CIVIC CENTER, MONDAY, NOVEMBER 15, 2004 Mayor Pro Tern Christiansen called the Public Hearing to order at 7:22 p.m. The Public Hearing was being held pursuant to legal notice to consider a proposal to establish Special Service Area #6 on property located at 2150 and 2172 Chestnut Street. City Engineer Oakley gave a brief overview of this proposal which was in response to a petition by residents of 2150 and 2172 Chestnut Street for a special service area to provide funding for the re surf acing of their parking lot. There will be further action on this matter later in the evening. There were no comments from the aldermen or the public. The Public Hearing adjourned at 7:24 p.m. The City Council reconvened at 7:25 p.m. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking when the residents will be informed about the investigation being done on the City's medical trust fund; what is the current status and who is doing the study? Alderman Sayad said that Mr. Burkross should call the City Manager who will give him the status of this investigation; Price Waterhouse is doing the study and when everything is received, an open meeting will be held. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that mail delivery is very poor; do not blame the City Clerk's Office; the post office mis- directs mail to other cities. Moved by Smith, seconded by Sayad, to concur with consensus in Executive Session that the matter of billboards scheduled to be discussed under Committee of the Whole later in the meeting be POSTPONED until November 29, 2004, when a Special Meeting of the City Council will be held at 6:00 p.m. in Room 102 of City Hall. Motion declared carried. Alderman Brookman requested that Items 2, 2a, 3 and 3a be removed from the Consent Agenda; Alderman Murphy requested that Items 8, Sa and 15 be removed; and Alderman Sayad requested that Item 11 be removed. Moved by Beauvais, seconded by Brookman, to establish a Consent Agenda except for Items 2, 2a, 3, 3a, 8, 8a, 11 and 15. Motion declared carried. Moved by Beauvais, seconded by Sayad, 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-73-04, M-74-04 and M-75-04 were adopted; and Resolutions R-128-04, R-129-04, R-130-04, R-131-04 and R-132-04 were adopted. Moved by Beauvais, seconded by Sayad, to approve minutes of the City Council meeting held November 1, 2004, as published. Motion declared carried as approved unanimously under Consent Agenda. ~ ZONING CASE 04-64-V VARIATIONS/ 401 W. GOLF: Ordinance Z-53-04 2004 PROPERTY TAX LEVY NOTICE: Resolution R-127-04 RETIREMENT HEALTH SAVINGS PLAN: Consent Agenda Resolution R-128-04 PUBLIC IMPROVEMENTS/ 2019 TO 2057 WOLF ROAD: Consent Agenda Resolution R-129-04 308 11/15/04 PAGE THREE Alderman Brookman stated that she objects to the contingency in the ordinance that the petitioner agrees not to request any other variations for this property, and requests that these words be stricken from the ordinance. Moved by Brookman, seconded by Becker, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 04-64-V, to grant request to permit construction of a garage addition, 10. 7 5' x 23. 67', making the garage 25' x 41.42', instead of the permitted 24' x 30'; and a side yard setback of 4' instead of the permitted 5'; in R-1 Single-Family Residential District on property located at 401 W. Golf Road; and further recommend to place on First Reading Ordinance Z-53-04/AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.l-3C. AND E. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (DETACHED GARAGE) WITH A SIDE YARD SETBACK OF 4 FEET AT 401 WEST GOLF ROAD, DES PLAINES, ILLINOIS; as amended to strike from Section 3 the words: "In addition to the foregoing, the Petitioner must meet the following condition: Petitioner agrees not to request any other variations for this lot." Motion declared carried. Alderman Brookman stated that she wants to make it clear to the residents that the City is not raising taxes; this is just notification that there will be a tax levy. Moved by Brookman, seconded by Beauvais, that pursuant to the Cook County Truth In Taxation Act, Public Act 91- 523, the public is hereby notified that the City intends to consider a 2004 Property Tax Levy of 4.2 % or $21,414,142; and a public hearing will be held on this matter on December 6, 2004; and further recommend to adopt Resolution R-127-04, A RESOLUTION OF THE CITY COUNCIL TO NOTIFY THE PUBLIC THAT IT INTENDS TO HAVE A 2004 PROPERTY TAX LEVY. 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 Beauvais, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to execute IMRF Form 6-73 that would include as earnings reportable to Illinois Municipal Retirement Fund all employee compensation directed into a Retirement Health Savings Plan, effective January 1, 2005; and further recommend to adopt Resolution R-128-04, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO INCLUDE COMPENSATION DIRECTED INTO A RETIREMENT HEALTH SAVINGS PLAN AS ILLINOIS MUNICIPAL RETIREMENT FUND EARNINGS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to accept Public Improvements for Budys & Wyszynski Third Addition to Des Plaines, 2019 to 2057 Wolf Road, which includes a rear-yard storm sewer, sanitary sewer and public sidewalks; authorize release of surety in the amount of $71,165 (developer has posted the required 10% cash warranty of $7,165 which will be held for 18 months) ; and further recommend to adopt Resolution R-129-04, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR BUOYS & WYSZYNSKI THIRD ADDITION TO DES PLAINES LOCATED AT 2019 AND 2057 WOLF ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. REDUCTION OF PUB. IMPRV. SURETY/ 358-390 BELLAIRE: Consent Agenda Resolution R-130-04 TIME EXTEN./ MAP AMEND. & CONDIT. USE/ 205 CENTRAL: Consent Agenda Resolution R-131-04 Resolution R-132-04 PURCHASE OF MODULAR NEWS RACKS/ DOWNTOWN AREA: Resolution R-134-04 SIDEWALK ESCROW/ 2133 ELMIRA: Consent Agenda BID AWARD/ WELLER CREEK RESTORATION: Consent Agenda ORDINANCE M-70-04 REFUNDING OF BONDS & NEW BOND ISSUE WILLE ROAD TIF #3: PAGE FOUR 309 11/15/04 Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to grant request for Third Reduction of Public Improvement Surety for M. Kolbiarz and P. DiFranco Subdivision, 358-390 Bellaire Avenue, at Church Street, from $311,373.50 to $71,520.30 (first reduction approved on November 17, 2003 from $845, 676 to $670,543.50; the second reduction approved on July 6, 2004 from $670,543.50 to $311,373.50); contingent upon petitioner submitting an amended Letter of Credit in the amount of $ 71, 52 0. 30; and further recommend to adopt Resolution R-130-04, A RESOLUTION APPROVING A THIRD REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR M. KOLBIARZ AND P. DIFRANCO SUBDIVISION LOCATED AT BELLAIRE AVENUE AND CHURCH STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Say ad, to concur with Staff recommendation to grant request for time extension from January 6, 2005 to January 5, 2006, for Map Amendment to rezone property located at 205 E. Central Road from R-1 Single-Family Residential District to C-3 General Commercial District, Zoning Case 03-69-MA (approved by the City Council on January 5, 2004 Ordinance Z-1-04); and time extension for Conditional use, Zoning Case 03-70-CU, to permit construction and operation of a branch bank and drive-through facility on property located at 205 E. Central Road (approved by the City Council on January 5, 2004 -Ordinance Z-2-04); and further recommend to adopt: Resolution R-131-04, A RESOLUTION GRANTING AN EXTENSION OF ONE YEAR FOR THE MAP AMENDMENT GRANTED BY ORDINANCE Z-1-04 FOR THE PROPERTY COMMONLY KNOWN AS 205 CENTRAL ROAD, DES PLAINES (Case 03-69-MA) ; and Resolution R-132-04, A RESOLUTION GRANTING AN EXTENSION OF ONE YEAR FOR THE CONDITIONAL USE PERMIT GRANTED BY ORDINANCE Z-2-04 FOR THE PROPERTY COMMONLY KNOWN AS 205 CENTRAL ROAD, DES PLAINES, (Case 03-70-CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to POSTPONE until January 17, 2005, authorization to purchase 72 modular news racks within the downtown area from Rak Systems, Inc., 5500 Plantation Road, Theodore, AL 36582, in the amount not-to-exceed $30,000/Budgeted TIF #1 Funds; Public Works Department to do the installation; and it would be in the best interest of the City that usual bid procedures be waived; and further POSTPONE the adoption of Resolution R-134-04. Motion declared carried. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to grant request to permit a public sidewalk escrow in the amount of $5.25 per square foot for a total of $1, 4 4 3. 7 5, in lieu of constructing the required sidewalk for property located at 2133 Elmira Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to award bid for 2004 Weller Creek Restoration -Contract D, to the lowest bidder, Landscape Concepts Construction, Inc., 31 711 N. Alleghany, Grayslake, IL 60030, in the total amount of $139,228/General Improvement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Murphy, to adopt Ordinance M-70-04 -AS AMENDED, ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS SERIES 2005A, SERIES 2005B AND SERIES 2005C OF THE CITY OF DES PLAINES, ILLINOIS (and the refunding of 1997A, 1997B and 1998 Bonds; all for Wille Road, TIF #3. Upon roll call, the vote was: M-70-04 (Cont'd.) ORDINANCE M-73-04 SPEC. SVS. AREA #6/ CHESTNUT: Consent Agenda ORDINANCE M-74-04 LIQ. LIC./ 1591 LEE: Consent Agenda ORDINANCE M-75-04 LIC. AGREE./ 365 & 395 GRACELAND: Consent Agenda ORDINANCE Z-50-04 CONDIT. USE/ 52 EAST NORTHWEST HIGHWAY: ORDINANCE Z-53-04 VARIATIONS/ 401 W. GOLF: PAGE FIVE 310 11/15/04 AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Sayad, to adopt Ordinance M-7 3-04, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER SIX IN THE CITY OF DES PLAINES, ILLINOIS (2150 -2172 CHESTNUT STREET PARKING LOT) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to adopt Ordinance M-74-04. AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4 "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBERS," OF THE DES PLAINES CITY CODE, TO ADD ONE CLASS B-1 LIQUOR LICENSE FOR ARMANDO'S PIZZA, INC. D/B/A ARMANDO'S PIZZA LOCATED AT 1591 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sayad, to adopt Ordinance M-75-04, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR THE INSTALLATION OF AN UNDERGROUND SPRINKLER SYSTEM AND A BRICK PAVER SIDEWALK IN THE PUBLIC RIGHT-OF-WAY WITH PROPERTY OWNER , R. FRANCZAK AND ASSOCIATES, 365 AND 395 GRACELAND AVENUE, DES PLAINES, ILLINOIS (Case BC 04-52-LA). Motion declared carried as approved unanimously under Consent Agenda. Alderman Murphy requested that the ordinance be amended to require that the petitioner install a paved sidewalk between the proposed bank and the Des Plaines Community Senior Center on property located at 52 E. Northwest Highway. Moved by Murphy, seconded by Brookman, to suspend the rules to permit the petitioner to address the City Council. Motion declared carried. Mr. Ronald T. Clucci, President, American United Bank & Trust Company USA, 321 W. Golf Road, Schaumburg, IL 60196, addressed the City Council stating that he would agree to install a sidewalk between his bank and the Des Plaines Community Senior Center but that it must be a concrete paved sidewalk. Alderman Murphy also requested a curb cut on Northwest Highway. City Manager Niemeyer said the Staff will work with the Senior Center and IDOT to see if this is feasible. Moved by Murphy, seconded by Sayad, to adopt Ordinance Z-50-04 AS AMENDED (to include separate paved pedestrian crosswalk) , AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A FINANCIAL INSTITUTION AND DRIVE THROUGH FACILITY LOCATED AT 52 NORTHWEST HIGHWAY IN DES PLAINES , I LL IN 0 I S ( Case 0 4 - 5 0 -CU ) . Upon r o 11 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 Sayad, seconded by Murphy, to advance to Second Reading and adopt Ordinance Z-53-04, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.l-3C. AND E. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (DETACHED GARAGE) WITH A SIDE YARD SETBACK OF 4 FEET ~ Z-53-04 (Cont'd.) WARRANT REGISTER: LIQ. LIC./ 612-614 LEE ST.: (matter postponed on 10/18/04) CANADIAN NAT. R.R. LIC. AGREE./ SOUND WALL TIF #6: PAGE SIX 311 11/15/04 401 WEST GOLF ROAD, DES PLAINES, ILLINOIS (Case 04-64-V) . 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 FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Murphy, seconded by Brookman, to recommend to the City Council approval of the November 15, 2004 - Warrant Register, in the total amount of $3,854,038.41; and further recommend that Resolution R-133-04 be adopted at appropriate time this evening. Motion declared carried. LEGAL & LICENSING -Alderman Smith, Chair Petitioner Ajay Patel was sworn in by City Clerk McAllister and gave testimony before the Committee of the Whole. A lengthy discussion followed on the parking situation on Lee Street and how that would impact deliveries for this location. Moved by Becker, seconded by Christiansen, to recommend to the City Council to deny request for Class B-1 Bulk Sales Dealers Liquor License for property located at 612- 614 Lee Street, d/b/a Andy's Food Store. MOTION DECLARED FAILED (Aldermen Beauvais, Murphy, Sayad, Smith and Argus voted no; Aldermen Christiansen, Brookman and Becker voted yes). Moved by Murphy, seconded by Argus, to recommend to the City Council to approve request for Class B-1 Bulk Sales Dealers Liquor License for property located at 612-614 Lee Street, d/b/ a Andy's Food Store; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M-66-04. MOTION DECLARED CARRIED (Aldermen Beauvais, Murphy, Sayad, Smith and Argus voted yes; Aldermen Christiansen, Brookman and Becker voted no). Alderman Brookman stated that she voted no because she believes there are too many liquor licenses granted, not because of the parking. ENGINEERING -Alderman Argus, Chair City Engineer Tim Oakley reviewed his memo of November 4, 2004, which states that due to utility conflicts within the Greco Avenue right-of-way, the alignment of the proposed noise barrier wall requires an 18" encroachment along the east line of the Canadian National (Wisconsin Central) right-of-way between Touhy Avenue and Pratt Avenue; Staff recommends approval of a license agreement with Canadian National Railroad. Moved by Beauvais, seconded by Becker, to recommend to the City Council that Mayor and City Clerk be authorized to execute Agreement for Construction and Maintenance of a Longitudinal Wall Encroachment (soundwall) along the SOUND WALL (Cont'd.) ORDINANCE M-71-04 COMPENSATION PLAN/IAFF LOCAL #4211: ORDINANCE T-17-04 TRAFFIC RESTRICTION/ MARY ST.: WARRANT REGISTER: Resolution R-133-04 LIQ. LIC./ 612-614 LEE ST.: Ordinance M-66-04 312 11/15/04 PAGE SEVEN east side of the Canadian National Railroad Tracks from approximately 15' south of Touhy Avenue to the Illinois State Tollway in TIF #6; term of the agreement is initially five (5) years then continues annually thereafter; for a preparation and engineering fee of $750 and a one (1)-time license fee of $5,425/TIF #6 Funds; and further recommend that Resolution R-135-04 be adopted at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Beauvais, seconded by Sayad, to adopt Ordinance M-71-04, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE," SCHEDULE I-A "FIRE GROUP-UNIONIZED" OF THE CITY CODE. 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 Smith, to adopt Ordinance T- 17-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 4, "MISCELLANEOUS DRIVING RULES" SECTION 3, "TURNING AND BACKING MOVEMENTS" OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 1-Beauvais ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Murphy, to concur with recommendation of Committee of the Whole to adopt Resolution R-133-04, 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: $3,854,038.41. 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 Sayad, to concur with recommendation of Committee of the Whole to approve request for Class B-1 Bulk Sales Dealers Liquor License for property located at 612-614 Lee Street, d/b/a Andy's Food Store; contingent upon verification of fingerprints; and place on First Reading Ordinance M-66-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4 "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBERS," OF THE DES PLAINES CITY CODE, TO ADD ONE CLASS B-1 LIQUOR LICENSE FOR ANDY'S FOOD STORE LLC D/B/A ANDY'S FOOD STORE LOCATED AT 612-614 LEE STREET, OS PLAINES, ILLINOIS. Motion declared carried (Aldermen Beauvais, Murphy, Sayad, Smith and Argus voted yes; Aldermen Christiansen, Brookman and Becker voted no). On Tuesday, November 16, 2004, Mr. Ajay Patel notified the City that he was withdrawing his request for a liquor license, which makes Ordinance M-66-04 NULL AND VOID. CANADIAN NAT. R.R. LIC. AGREE./ SOUND WALL TIF #6: Resolution R-135-04 PETITIONS/ PERMIT CONDO OWNERS TO AMEND BY-LAWS: PETITIONS/ VISITOR PARK. SIGNS: ADJOURNMENT: 313 11/15/04 PAGE EIGHT Moved by Argus, seconded by Sayad, to concur with recommendation of Committee of the Whole that the Mayor and City Clerk be authorized to execute Agreement for Construction and Maintenance of a Longitudinal Wall Encroachment ( soundwall) along the east side of the Canadian National Railroad Tracks from approximately 15' south of Touhy Avenue to the Illinois State Tollway in TIF #6; term of the agreement is initially five (5) years then continues annually thereafter; for a preparation and engineering fee of $750 and a one (1)-time license fee of $5,425/TIF #6 Funds; and adopt Resolution R-135-04, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A LICENSE AGREEMENT FOR THE INSTALLATION OF A SOUNDWALL ALONG THE EAST SIDE OF THE CANADIAN NATIONAL RAILROAD TRACKS FROM TOUHY AVENUE SOUTH TO THE ILLINOIS STATE TOLLWAY IN DES PLAINES. 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 Pro Tern Christiansen referred petitions received by the City Clerk at the City Council meeting on November 1, 2004, requesting that current or subsequent owners of condominiums be permitted to amend the covenants or the Declaration of Condominium or By-Laws with a majority vote of more than 75%, to Staff for review and report. Mayor Pro Tern Christiansen referred petitions received by the City Clerk at the City Council meeting on November 1, 2004, requesting the City Council to require that all multifamily developments provide posted visitor parking signs in their developments in addition to the 1. 5 parking requirement, to Staff for review and report. Moved by Sayad, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:50 p.m.