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07-18-2005122 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, JULY 18, 2005 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 18, 2005. ROLL CALL: Roll call indicated the following aldermen present: Murphy, Sayad, Becker, Argus. Aldermen Beauvais, Christiansen, Brookman and Smith were absent. Alderman Smith arrived in Executive Session at 6:32 p.m. Alderman Beauvais arrived in Executive Session at 6:35 p.m. Alderman Christiansen arrived in Exe cu ti ve Session at 6:36 p.m. Alderman Brookman arrived in Executive Session at 6:40 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 & Economic Development Bleuher, Deputy Director of Community and Economic Development Angell, Assistant City Manager/Director of Human Resources Bajor, Assistant to the City Manager Palm and Assistant City Attorney Bartel. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: PUBLIC HEARING/ SPEC. SVS. AREA #7: CALL TO ORDER: DISCUSSION: Moved by Murphy, seconded by Becker, to go into Executive Session to discuss land acquisition. Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Becker, Argus, Arredia NAYS: 0-None ABSENT: 4-Beauvais, Christiansen, Brookman, Smith Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:20 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Special Events Commission Chairman and "Taste of Des Plaines" Chairman Linda Forman presented plaques of appreciation to local businesses who donated their efforts and made contributions to make the recent "Taste of Des Plaines" such a success: R. Franczak & Associates, Mancari Dodge Chrysler Jeep, Journal & Topics Newspaper, First Bank, US Bank and Pioneer Press. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, JULY 18, 2005 Mayor Arredia called the Public Hearing to order at 7:25 p.m. The Public Hearing was being held pursuant to legal notice for public comment to consider a proposal to establish Special Service Area Number Seven, 1560 through 1578 Woodland Avenue. Director of Engineering Oakley reviewed this matter which would create Special Service Area #7 to fund parking lot improvements to be paid by the residents on their property tax bill for the tax levy years 2005 through 2019 inclusive at an approximate annual cost per unit ~ SPEC. SVS. AREA #7 (Cont'd. ) CITIZEN PARTICIPA.: CHICAGO O'HARE AIRPORT EXPANSION: CONSENT AGENDA: PAGE TWO of $375. 123 7/18/05 Ms. Jane Gagne, 1578 A Woodland Avenue, addressed the City Council stating that she would not be able to pay for these improvements; she is on a fixed income. Alderman Beauvais asked if this cost could be paid when the resident sold her townhome. Director of Engineering Oakley said that this is levied by the Cook County Tax Assessor; the home could be sold at a tax sale if it is not paid. Alderman Sayad stated that he would pay the annual cost for the first five (5) years. Mayor Arredia asked that the resident meet with Staff to see if something could be worked out. There will be further action on this matter later in the meeting under the Consent Agenda -Item 32. The Public Hearing adjourned at 7:30 p.m. The City Council reconvened at 7:31 p.m. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the City should consider having one (1) department head do all the purchasing of supplies; maybe we could save money; we could make bulk purchases. Mr. Ronald Moore, 1488 Jefferson Street, addressed the City Council stating that the intersection at Lee and Jefferson Streets near the Choo Choo Restaurant should be looked at; many times people come out of the restaurant and go the wrong way; there should be better signage; there could be a serious accident there. Phil, who resides at 446 W. Touhy Avenue, addressed the City Council about cars speeding down Dulles Road between Elmhurst Road and Beau Drive; this is a very dangerous situation. Moved by Becker, seconded by Sayad, to concur with majority agreement in Executive Session that Staff be authorized to obtain more information about the Chicago O'Hare Airport Expansion/Land Acquisition and report back to the City Council on August 15, 2005. Motion declared carried. Aldermen Christiansen, Smith and Mayor Arredi a voted no. City Clerk McAllister requested that Items 1, la, 2, 2a, 3 and 3a be removed from the Consent Agenda; Alderman Brookman requested that Items 12 and 12a be removed; Alderman Murphy requested that Items 15 and 15a be removed; and Alderman Beauvais requested that Items 18 and 18a be removed. Moved by Sayad, seconded by Murphy, to establish a Consent Agenda except for Items 1, la, 2, 2a, 3, 3a, 1 2, 12a, 15, 15a, 18 and 18a. Motion declared carried. Moved by Beauvais, seconded by Murphy, 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. Executive Session minutes were approved; Staff recommendations and requests were approved; Ordinances M-35-05 and Z-16-05 were adopted; Ordinances M-39-05, M-40-05, M-41-05, M-42-05, M-43-05, M-44-05, M-45-05 and Z-17-05 were placed on Fi rst Reading; and Resolutions R-111-05, R-112-05, R-113-05 , R-115-05 and R-117-05 were adopted. ~ 8/15/05 Alderman Argus requested this amendment on August 1, 2005 Page Two, after "CITIZEN PARTICIPATION" ADD: "FIRE STATION STUDY FOCUS GROUP: Alderman Argus stated that the focus group for the Fire Department Study was holding their first meeting on July 19, 2005. Alderman Argus asked if aldermen would be able to attend, if silent observers could attend, and if the meeting would be recorded and minutes kept. City Manager Niemeyer said probably not. Alderman Argus asked for the meeting to be recorded and minutes kept. Mayor Arredia, Aldermen Murphy, Brookman, Sayad and Argus said the meeting should be recorded and minutes kept. Aldermen Beauvais, Christiansen and Becker said the meeting should not be recorded and minutes kept. Alderman Smith did not vote." LIQ. LIC./ CLASSIFICA. UPDATE: Ordinance M-36-05 LIQ. LIC./ 518 METROPOLITAN WAY: Ordinance M-37-05 LIQ. LIC./ 1186 LEE: Ordinance M-38-05 LICENSE AGREEMENT/ 433 HARDING: Consent Agenda Ordinance M-39-05 LICENSE AGREEMENT/ 139 HARDING: Consent Agenda Ordinance M-40-05 PAGE THREE 124 7/18/05 City Clerk McAllister stated the liquor license ordinances M-36-05, M-37-05 and M-38-05, will be AMENDED to add back a Class I -Quarterly Religious Society License for Bulgarian Orthodox Church Saint Sophia, 404 W. Oakton Street (license is being reinstated) . Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation to amend Title 4, Chapter 4 - "Intoxicating Liquors," Section 4-4-5 of the City Code to reflect changes in the various classifications: one (1) A-1 -Tavern Liquors Dealers License to one (1) E - Restaurant and Dining Room License (Giuseppe's); one (1) E -Restaurant and Dining Room to one (1) H-1 -Beer & Wine Only License (Chang Jiang Buffet); and delete one (1) Class B bulk Sales Dealers License (O'Hare Liquors), one (1) B-1 -Bulk Sales Dealers License (Mary Cherry Gourmet Market; and further recommend to place on First Reading Ordinance M-36-05 AS AMENDED, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5, "LICENSE FEES AND NUMBERS" OF THE CITY CODE OF DES PLAINES. Motion declared carried. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to amend Title 4, Chapter 4 "Intoxicating Liquors," Section 4-4-5 of the City Code to add one (1) Class B-1 Bulk Sales Dealers License for property located at 518 Metropolitan Way, d/b/a Shop & Save Market; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M-37-05 -AS AMENDED, 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 METROPOLITAN ADVISORS, LLC D/B/A SHOP & SAVE MARKET AT 518 METROPOLITAN WAY, DES PLAINES, ILLINOIS. Motion declared carried. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to amend Title 4, Chapter 4 "Intoxicating Liquors," Section 4-4-5 of the City Code to add one (1) Class H-1 Beer & Wine Only License for property located at 1186 Lee Street, d/b/a Taqueria El Gallo Deoro; contingent upon verification of fingerprints; grant request for Change of Ownership for this license; and further recommend to place on First Reading Ordinance M-38-05 -AS AMENDED, 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 H-1 LIQUOR LICENSE FOR RUBEN R. INC. D/B/A TAQUERIA EL GALLO DEORO AT 1186 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried. Moved by Beauvais, seconded by Murphy, 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 433 Harding Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-39-05, 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 NEIL PERL, 433 HARDING AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, 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 139 E. Harding Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-40-~ M-40-05 (Cont'd. ) LICENSE AGREEMENT/ 1473 WEDGEWOOD: Consent Agenda Ordinance M-41-05 LICENSE AGREEMENT/ 1479 WEDGEWOOD: Consent Agenda Ordinance M-42-05 LICENSE AGREEMENT/ 435 ALLES: Consent Agenda Ordinance M-43-05 LICENSE AGREEMENT/ 2154 ELMIRA: Consent Agenda Ordinance M-44-05 PARKING RATE INCREASE/ CITY LOTS: Consent Agenda Ordinance M-45-05 PAGE FOUR 125 7/18/05 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, DONNA PRZYBYSZ, 139 EAST HARDING AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, 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 1473 Wedgewood Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-41-05, 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, WITOLD DANIA, 1473 WEDGEWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, 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 1479 Wedgewood Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-42-05, 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, WITOLD KANIA, 1479 WEDGEWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to grant request to permit installation of an underground sprinkler system in the City-owned right-of-way adjacent to property located at 435 Alles Street; Mayor and City Clerk be authorized to execute necessary ordinance; and further recommend to place on First Reading Ordinance M-43-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR THE INSTALLATION OF AN UNDERGROUND SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY WITH PROPERTY OWNER, RAY FRANCZAK AND ASSOCIATES, 435 ALLES STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to grant request to permit installation of a brick paver driveway (parking pad) in the City-owned right-of-way adjacent to property located at 2154 Elmira Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-44-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH (PARKING PAD) IN THE PUBLIC RIGHT-OF-WAY WITH OWNER, ROBERT LEAF, 2154 ELMIRA AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to amend Title 7, Chapter 7, Section 7-7-7 -"City Parking Lots, Parking Facilities and Time Limits" of the City Code that daily parking rate for a period of twelve hours in all City parking lots be $1.25 (rate approved by the City Council on July 6, 2004 but held for Metra' s approval); and further recommend to place on First Reading Ordinance M-45-05, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 7, "PARKING LOTS," SECTION 7, "CITY PARKING LOTS, METERS AND TIME LIMITS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 05-45-A TEXT AMEND./ BUILDING HEIGHT: Consent Agenda Ordinance Z-17-05 ZONING CASE 03-76-PUD-MA FINAL PLAT/ 1665-1745 TOUHY AVE.: Ordinance Z-18-05 AMENDMENT/ 2004 CDBG BUDGET AND PLAN: Consent Agenda Resolution R-111-05 Resolution R-112-05 ILEAS GRANT/ SURVEILLANCE CAMERA SYSTEM: Consent Agenda Resolution R-113-05 PAGE FIVE 126 7/18/05 Moved by Beauvais, seconded by Murphy, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 05-45-A, to approve a Text Amendment to Section 13.3 of the Des Plaines Zoning Code to revise the definition of "Building Height;" and further recommend to place on First Reading Ordinance Z-17-05, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO SECTION 13.3, "DEFINITIONS" OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to suspend the rules to permit public input on this matter. Motion declared carried. Attorney Patrick Brankin, Schain, Burney, Ross & Citron, Ltd., 22 N. LaSalle Street, Chicago, IL, and Christopher Coleman, The Dearborn Buckingham Group, Inc., 1775 Winnetka Road, Northfield, IL, addressed the City Council and answered questions from the aldermen. Moved by Brookman, seconded by Becker, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 03-76-PUD-MA, to approve Final Plat for Planned Unit Development (PUD) consisting of 44 townhouses on property located at 1665 to 1745 Touhy Avenue (southeast corner of Touhy Avenue and Dale Street) , in R-3 Townhouse Residential District, with conditions, and approve two (2) Permitted PUD Bulk Exceptions: (a) front yard setback along Touhy Avenue and Dale Street ranging from 18.9' to 24.9' instead of the required 25' and (b) -rear yard setback of 18.9' to 24.9' instead of the required 25'; and further recommend to place on First Reading Ordinance Z-18-05, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PLANNED UNIT DEVELOPMENT (PUD) AND PERMITTED PUD BULK EXCEPTIONS IN ACCORDANCE WITH SECTION 3.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 1665 TO 1745 TOUHY AVENUE, DES PLAINES, ILLINOIS. Motion declared carried. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to approve amendments to the City's Community Development Block Grant ( CDBG) Program Year 2004-05 (October 1, 2004 to September 30, 2005) Budget and Plan (approved by the City Council on August 2, 2004 -Resolution R-94-04 and Resolution R-95-04), and submit to U.S. Department of Housing and Urban Development (HUD) no later than August 1, 2005; proper notification was given and a public comment period was held; and further recommend to adopt: Resolution R-111-05, A RESOLUTION APPROVING THE AMENDMENTS TO THE CITY OF DES PLAINES 2004 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET; and Resolution R-112-05, A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF DES PLAINES CONSOLIDATED ACTION PLAN PROJECT YEAR 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation that Police Chief be authorized to execute Notice of Grant Agreement, Attachment A -Grant Conditions and Committee Comments to receive Homeland Security Grant from the Illinois Law Enforcement Alarm System (ILEAS) in the amount of $38,420 to purchase a surveillance camera system for City Hall and the Police Department to monitor government infrastructure and protect from terrorist activity; and further recommend to adopt Resolution R-113-05, A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN ILLINOIS LAW ENFORCEMENT ALARM SYSTEM AND THE CITY OF DES PLAINES FOR A GRANT IN THE AMOUNT OF $38, 420 FOR A SURVEILLANCE CAMERA SYSTEM. Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT/ WESTVIEW PL. SUBDIVISION 2321 WESTVIEW DR. : Resolution R-114-05 FINAL PLAT/ DELGADO'S NINTH SUBDIV. 2122 ELMIRA: Consent Agenda Resolution R-115-05 FINAL PLAT/ DONOVAN SECOND SUB. 2269 SPRUCEWOOD: Consent Agenda Resolution R-117-05 FOI COPY FEES INCREASE: Resolution R-118-05 c.o. #1/ 2005 CIP CONTRACT 1 STREET RESURFACING: Consent Agenda FIRE ALARM SYSTEM/ PUB. WORKS: Consent Agenda REPAIRS/ FIRE ENG. #62 & TRUCK #83: Consent Agenda WATER PUMP REPAIRS/FIRE ENGINE #62: Consent Agenda PAGE SIX 127 7/18/05 Moved by Christiansen, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Westview Place Subdivision, 2321 Westview Drive; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-114-05, A RESOLUTION APPROVING THE FINAL PLAT FOR WESTVIEW PLACE SUBDIVISION LOCATED AT 2321 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried. Aldermen Beauvais and Murphy voted no. Moved by Beauvais, seconded by Murphy, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Delgado's Ninth Subdivision, 2122 Elmira Avenue; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-115- 05, A RESOLUTION APPROVING THE FINAL PLAT FOR DELGADO'S NINTH SUBDIVISION LOCATED AT 2122 ELMIRA AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Donovan's Second Subdivision, 2269 Sprucewood Avenue; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-117-05, A RESOLUTION APPROVING THE FINAL PLAT FOR DONOVAN'S SECOND SUBDIVISION LOCATED AT 2269 SPRUCEWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to POSTPONE the matter of Freedom of Information copy fees increase and Resolution R-118-05, for discussion under Committee of the Whole on August 1, 2005. Motion declared carried. Aldermen Christiansen and Sayad voted no. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to approve Change Order #1 to contract with Orange Crush LLC, 321 S. Center Street, Hillside, IL 60162, for 2005 Capital Improvement Program -Contract 1 (approved by the City Council on March 7, 2005), to add various streets for resurfacing in the amount of $160,000/General Improvement Funds -$150,000, TIF #1 Funds -$10, 000; for a new contract total of $1,799,863.25. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to accept proposal from Allied Central Security & Alarm, Inc., P.O. Box 566, Grayslake, IL 60030, to provide and install a fire alarm system in the Public Works buildings at 1111 Joseph Schwab Road in the total amount of $14,160.51/Building & Grounds 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 Beauvais, seconded by Murphy, to concur with Staff recommendation to accept proposal from Van Eck Collision and Paint, 365 Industrial Drive, S. Elgin, IL 60177, to perform body repairs to Fire Engine #62 in the total amount of $27,387.90 and to Ladder Truck #83 in the total amount of $40,425.76/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 Beauvais, seconded by Murphy, to concur with Staff recommendation to accept proposal from Certified Fleet Services, Inc., 560 N. Michigan Street, Elmhurst, IL 60126, to perform water pump repairs to Fire Engine #62 in the total amount of $22,906/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. ~ PURCHASE/ AERIAL TRUCK: Consent Agenda DRIVEWAY VARIATION/ 906 NORTH: Consent Agenda DRIVEWAY VARIATION/ 433 HARDING: Consent Agenda BID AWARD/ LEAF LOADER: Consent Agenda ADVERTISE FOR BIDS: Consent Agenda APPOINTMENTS: Consent Agenda PAGE SEVEN 128 7/18/05 Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to authorize purchase through the Federal Government General Services Administration, Contract #GS-30F-033P, of a High Ranger Model XT-60 Aerial Truck from Dueco, Inc., N4 W22610 Bluemound Road, P.O. Box 177, Waukesha, WI 53187, in the total amount of $122, 860/Budgeted CERF 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 Beauvais, 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 10' wide x 30' long on the west side of existing driveway in the rear yard of property located at 906 E. North Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, 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 6' wide x 62' long by adding 3' on either side of existing 12' wide driveway in front yard of property located at 433 Harding Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to award bid for Leaf Loader to the lowest bidder, ODB Company, 5118 Glen Alden Drive, Richmond, VA 23231, for the total bid amount of $28,341/CERF Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2005 Rear Yard Drainage Improvements Program -Contract C, returnable by 3:00 p.m., Wednesday, August 3, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2005 CIP Contract F, Reconstruction of Fire Stations #1 and #3 Parking Lots, returnable by 3:00 p.m., Wednesday, August 3, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Window Replacement at Civic Center, returnable by 3: 00 p.m., Tuesday, August 2, 2005. Motion declared carried as approved unanimously under Consent. Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Sewer Televising, returnable by 3:00 p.m. Tuesday, August 2, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to approve Mayoral appointments retroactive to June 20, 2005, as follows: PLAN COMMISSION Robert J. Niemotka, term to expire April 30, 2011 CONSUMER PROTECTION COMMISSION Robert J. Porada, term to expire August 30, 2008 Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-35-05 SPEC. SVS. AREA #7/ WOODLAND TOWNHOMES: Consent Agenda ORDINANCE Z-16-05 CONDIT. USE/ 1254 RAND: Consent Agenda ORDINANCE M-36-05 LIQ. LIC. CLASSIFICA. UPDATE: ORDINANCE M-37-05 LIQ. LIC./ 518 METROPOLITAN WAY: ORDINANCE M-38-05 LIQ. LIC./ 1186 LEE: ORDINANCE M-39-05 LIC. AGREE./ 433 HARDING: PAGE EIGHT 129 7/18/05 Moved by Beauvais, seconded by Murphy, to adopt Ordinance M-35-05, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER SEVEN IN THE CITY OF DES PLAINES, IL (WOODLAND TOWNHOMES AREA). Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to adopt Ordinance Z-16-05, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTO BODY REPAIR SHOP IN ACCORDANCE WITH SECTION 7.3-6 IN A C-3 GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 1254 RAND ROAD, DES PLAINES ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Brookman, to advance to Second Reading and adopt Ordinance M-36-05 -AS AMENDED, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5, "LICENSE FEES AND NUMBERS" OF THE CITY CODE OF 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. Moved by Christiansen, seconded by Argus, to advance to Second Reading and adopt Ordinance M-37-05 -AS AMENDED, 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 METROPOLITAN ADVISORS, LLC D/B/A SHOP & SAVE MARKET AT 518 METROPOLITAN WAY, DES PLAINES, ILLINOIS. 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 Christiansen, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-38-05 -AS AMENDED, 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 H-1 LIQUOR LICENSE FOR RUBEN R. INC. D/B/A TAQUERIA EL GALLO DEORO AT 1186 LEE STREET, DES PLAINES, ILLINOIS. 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 Sayad, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-39-05, 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, NEIL PERL, 433 HARDING AVENUE, DES PLAINES, ILLINOIS. 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. ORDINANCE M-40-05 LIC. AGREE./ 139 E. HARDING: ORDINANCE M-41-05 LIC. AGREE./ 1473 WEDGEWOOD: ORDINANCE M-42-05 LIC. AGREE./ 1479 WEDGEWOOD: ORDINANCE M-43-05 LIC. AGREE./ 435 ALLES: ORDINANCE M-44-05 LIC. AGREE./ 2154 ELMIRA: ORDINANCE M-45-05 PARKING RATE INCREASE/ CITY LOTS: PAGE NINE 130 7/18/05 Moved by Sayad, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-40-05, 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, DONNA PRZYBYSZ, 139 EAST HARDING AVENUE, DES PLAINES, ILLINOIS. 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 Murphy, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-41-05, 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, WITOLD KANIA, 1473 WEDGEWOOD AVENUE, DES PLAINES, ILLINOIS. 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 Murphy, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-42-05, 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, WITOLD KANIA, 1479 WEDGEWOOD AVENUE, DES PLAINES, ILLINOIS. 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 Christiansen, to advance to Second Reading and adopt Ordinance M-43-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR THE INSTALLATION OF AN UNDERGROUND SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY WITH PROPERTY OWNER, RAY FRANCZAK AND ASSOCIATES, 435 ALLES STREET, DES PLAINES, ILLINOIS. 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 Brookman, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-44-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH (PARKING PAD) IN THE PUBLIC RIGHT-OF-WAY WITH OWNER, ROBERT LEAF, 2154 ELMIRA AVENUE, DES PLAINES, ILLINOIS. 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 Sayad, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-45-05, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 7, "PARKING LOTS," SECTION 7, "CITY PARKING LOTS, METERS AND TIME LIMITS," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: M-45-05 (Cont'd.) ORDINANCE Z-17-05 TEXT AMEND./ BUILDING HEIGHT: ORDINANCE Z-18-05 FINAL PUD/ 1665-1745 TOUHY AVE.: WARRANT REGISTER: DOWNTOWN PARKING STUDY & SHORT-TERM RECOMMENDA. : PAGE TEN AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. 131 7/18/05 Moved by Becker, seconded by Christiansen, to advance to Second Reading and adopt Ordinance Z-17-05, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO SECTION 13.3 "DEFINITIONS" OF THE CITY OF DES PLAINES ZONING CODE. 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 Sayad, to advance to Second Reading and adopt Ordinance Z-18-05, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PLANNED UNIT DEVELOPMENT (PUD) AND PERMITTED PUD BULK EXCEPTIONS IN ACCORDANCE WITH SECTION 3. 5 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 1665 TO 1745 TOUHY AVENUE, DES PLAINES, ILLINOIS. 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 Christiansen, to recommend to the City Council approval of the July 18, 2005 - Warrant Register, in the total amount of $3,710,907.83 and further recommend that Resolution R-116-05 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Deputy Director of Community and Economic Development Angell reviewed his memo of July 8, 2005, regarding the Staff's recommendation that RFPs be sent for the development of a parking/traffic study for the downtown business district; he also reviewed the scope of the RFPs. Alderman Beauvais questioned the boundaries of the area to be studied; she objected that Webford Avenue would be included in the study; this is a residential street; what would be the cost of the study? Deputy Director Angell said the cost has not been determined yet; the RFPs will tell us that. Alderman Becker asked how much of the cost could be paid from TIF funds. Deputy Director Angell said at least 75%. Alderman Murphy stated that a study should be done in the residential areas also; there should be traffic calming devices in areas where there is heavy speeding; RFPs should be sent out now for traffic calming devices. City Manager Niemeyer said that he will be recommending during the budget hearings that a study be done in the residential areas. PARK. STUDY (Cont'd. ) 640 PEARSON/ DEVELOPER PROPOSAL: PAGE ELEVEN 132 7/18/05 Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that we owe it to the businesses to help them out with parking; if people can't finding parking, they will go somewhere else. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that he has brought this up before; he is very concerned about the traffic and parking problems; why didn't we do this type of study as we built these other projects?; we should do a single City-wide traffic and parking study; create a model for the whole City. Mr. Ronald Moore, 1488 Jefferson Street, addressed the Committee of the Whole stating that every development has had a traffic and parking study done; we shouldn't use KOLA; they do a textbook-type study; hire a reputable company. Moved by Becker, seconded by Argus, to concur with Staff recommendation and recommend to the City Council that Staff be authorized to send out Request for Proposals (RFP) for the development of a parking/traffic study for the downtown business district. Alderman Beauvais stated that she will be voting no; we waste a lot of money and then we do nothing with the information. Motion declared carried. Alderman Beauvais voted no. A brief discussion was held on short-term parking improvements; the City is looking into implementing some short-term parking improvements as recommended by the Staff Traffic Advisory Committee (STAC). Alderman Becker stated that the developer has removed his request for a $2.2 million incentive over 15 years in the form of a developer note, with an "all-retail" option at 640 Pearson Street, because the Staff would not recommend this to the City Council. Alderman Becker stated that the Staff would support a "mixed-use" option with $1.7 million plus interest "pay- as-you-go" incentive, with 36 spaces allocated from the City parking garage used to meet the City's parking requirements. Argus stated that she remembers the developer the City Council that they would use that for their offices and rehabilitate the are they violating the redevelopment Alderman telling building building; agreement. Mayor Arredia stated that it was also his understanding that the developer was going to keep the building and move into it. Mr. Gary Danfield, 655 River Road, addressed the Com.mi ttee of the Whole stating that they have always needed parking for this building; are they going to add more units on the first floor?; we need to know what they are planning for this building. Mr. Ronald Moore, 1488 Jefferson Street, addressed the Committee of the Whole stating that he heard that the developer is going to leave the building as it i s; i t should be rehabilitated; it will be an eyesore if they don't. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that a deal was made; a deal is a deal. 640 PEARSON (Cont'd.) ORDINANCE M-33-05 COMPENSATION PLAN/FIRE OFFICERS, LOCAL #4211: COMMITTEE ON COMMITTEES: WARRANT REGISTER: Resolution R-116-05 DOWNTOWN PARKING/ TRAFFIC STUDY: RFPs/ TRAFFIC CALMING DEVICES: ADJOURNMENT: PAGE TWELVE 133 7/18/05 Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that we should look at the tape of the meeting to hear what the developer said; there seems to be a discrepancy; if they didn't follow their redevelopment agreement, there could be litigation. City Manager Niemeyer stated that he would review the redevelopment agreement with the developer of Metropolitan Square, Tucker-Freed, and report back to the City Council. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Christiansen, seconded by Beauvais, to adopt Ordinance M-33-05, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," Section 4, "CLASSIFICATION PLAN TO THE CITY SERVICE," SCHEDULE II-A "PUBLIC SAFETY SUPERVISORY PERSONNEL-FIRE-UNION" OF THE CITY CODE. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith NAYS: 1-Argus ABSENT: 0-None ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. Alderman Christiansen requested that the matter of setting a date for the meeting of the Committee on Committees be placed on the agenda for August 15, 2005. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-116-05, 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: $3,710,907.83. 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 that Staff be authorized to send out Request for Proposals (RFP) for the development of a parking/traffic study for the downtown business district. Motion declared carried. Alderman Beauvais voted no. Following consensus, Mayor Arredia directed Staff to send out Request for Proposals (RFP) for traffic calming devices for discussion during budget hearings. Moved by Sayad, seconded by Becker, that the regular meeting of the City Council adjourn. Motion declared carried. Meeti~~ onna McAllister, MMC -CITY CLERK APPROVED BY ME THIS DAY OF