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07-11-2005115 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 11, 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 6:05 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 11, 2005. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith. Aldermen Beauvais, Brookman and Argus were absent. Alderman Beauvais arrived in Executive Session at 6:10 p.m. Alderman Brookman arrived in Executive Session at 6:15 p .m. Also present were: City Manager Niemeyer, Assistant to the Director of Finance Sloth, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Cornmuni ty & Economic Development Bleuher, Assistant City Manager /Director of Human Resources Baj or, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA. : UNION AGREE./ FIRE OFFICER. IAFF LOCAL #4211: Resolution R-104-05 Moved by Sayad, seconded by Becker, to go into Executive Session to discuss collective bargaining and personnel. Upon roll call, the vote was: AYES: 5-Christiansen, Murphy, Sayad, Becker, Smith NAYS: 0-None ABSENT: 3-Beauvais, Brookman, Argus Motion declared carried. The City Council recessed at 6:07 p.m. The City Council reconvened at 7:06 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker , Smith. The opening prayer was given by Reverend Gary Houdek, Golf Road Baptist Church, followed by the Pledge of Allegiance. Fire Chief Heavey introduced Firefighter Tim Lynch and Firefighter Brian Carmichael who will be conducting classes in Cardiopulmonary Resuscitation (CPR) beginning on Saturday, September 17, 2005 at 8:30 a.m. at City Hall; classes will also offer instruction on emergency procedures for a choking person and the proper use of the Automatic External Defibrillator (AED) . Mr. Vince Powers, 862 Webster Lane, addressed the City Council thanking everyone for their telephone calls and cards following his recent accident; he also stated that the City doesn't have to do a study to determine the response time for ambulances; the cost was not needed; we have a professional and certified Fire Department; he hopes that the Fire Department will have input in this study; a resident, Bob Hinde, has a plan where an ambulance will not have to cross any railroad tracks; it is very important with resident calls that an ambulance is not stopped by a train. Moved by Beauvais, seconded by Christiansen, to concur with majority agreement in Executive Session that City ratify contract with the Des Plaines Fire Officers Union IAFF Local #4211, effective May 1, 2005 through December 31, 2006; and adopt Resolution R-104-05 , A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WI; R-104-05 (Cont'd. ) COMPENSATION PLAN, FIRE OFFICERS, LOCAL #4211: Ordinance M-33-05 RESCINDING ORD. RE RESIDENCY FOR DEPART . HOS . : CONSENT AGENDA: MINUTES/ 6/20/05: Consent Agenda LIQ. LIC./ 2930 s. RIVER ROAD: Consent Agenda Ordinance M-34-05 SPEC. SERVICE AREA #7/ 1560-1578 WOODLAND: Ordinance M-35-05 PAGE TWO 116 7/11/05 THE DES PLAINES FIRE OFFICERS UNION, IAFF LOCAL #4211. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith NAYS: 0-None ABSTAIN:l-Brookman (conflict of interest) ABSENT: 1-Argus Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with majority agreement in Executive Session to place on First Reading Ordinance M-33-05 (compensation plan for IAFF Local #4211), 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. Motion declared carried. Alderman Brookman abstained (conflict of interest) . Moved by Smith, seconded by Becker, to POSTPONE until July 25, 2005, the matter of whether to rescind the ordinance regarding residency for department heads scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Alderman Brookman requested that Items 3 and 3a be removed from the Consent Agenda; Alderman Murphy requested that Items 6, 6a, 7 and 7a be removed; and Alderman Sayad requested that Items 9 and 9a be removed. Moved by Beauvais, seconded by Sayad, Consent Agenda except for Items 3, 3a, and 9a. Motion declared carried. to establish a 6, 6a, 7, 7 a, 9 Moved by Beauvais, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-B~auvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-34-05 and Z-16-05 were placed on First Reading; and Resolutions R-105-05 and R-109-05 were adopted. Moved by Beauvais, seconded by Brookman, to adopt minutes of the regular meeting of the City Council held June 20, 2005, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, 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 A Tavern Liquors Dealers License for property located at 2 930 S. River Road, d/b/ a Hilton Garden Inn O'Hare; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M-34-05, 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 A LIQUOR LICENSE FOR CHICAGO RIVER ROAD RESTAURANT, LLC D/B/A HILTON GARDEN INN -O'HARE LOCATED AT 2930 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman stated that this Special Service Area should be given to the residents at no interest; this might encourage more residents to improve their property. Alderman Beauvais stated that she agreed with Alderman Brookman but that the Staff should look at this for all areas of the City. ORD. M-35-05 (Cont'd. ) ZONING CASE 05-43-CU CONDIT. USE/ 1254 RAND: Consent Agenda Ordinance Z-16-05 IDOT AGREE. ADDENDUM/ GOLF & RIVER ST. LIGHTS: Consent Agenda Resolution R-105-05 FINAL PLAT/ LANAM'S SUB. 2317 WESTVIEW DR. : Resolution R-106-05 FINAL PLAT/ GUZZETTI'S RESUBDIV., 2235 WESTVIEW DR. : Resolution R-108-05 PAGE THREE 117 7/11/05 Mayor Arredia referred the matter of waiving interest cost for residents in Special Service Areas to Staff for review and report. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to grant request from the Woodland Townhomes Association, 1560 through 1578 Woodland Avenue, that City create Special Service Area #7 to fund their parking lot improvements; to be funded by the residents on their property tax bill for the tax levy years 2005 through 2019 inclusive and shall be in a total amount not-to-exceed $12,000 annually (approximate annual cost per unit would be $375); a public hearing be held on July 18, 2005 at 7:00 p.m. in Room 102 of City Hall; and further recommend to place on First Reading 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) . Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 05-43-CU, to permit an auto body repair shop business within a tenant space of a commercial building in C-3 General Commercial District on property located at 1254 Rand Road; and further recommend to place on First Reading 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 Beauvais, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Addendum Agreement with Illinois Department of Transportation (IDOT) (original agreement approved by the City Council on May 6, 2002 -Resolution R-48-02) to assume maintenance of street lighting on the combination poles at the intersection of Golf Road and Des Plaines River Road; and further recommend to adopt Resolution R-105-05, A RESOLUTION AUTHORIZING THE EXECUTION OF AN ADDENDUM AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES FOR MAINTENANCE OF THE STREET LIGHTING AT GOLF ROAD AND DES PLAINES RIVER ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Lanam's Subdivision, 2317 Westview Drive; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-106-05, A RESOLUTION APPROVING THE FINAL PLAT FOR LANAM'S SUBDIVISION LOCATED AT 2317 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 5-Christiansen, Sayad, Brookman, Becker, Smith NAYS: 2-Beauvais, Murphy ABSENT: 1-Argus Motion declared carried. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Guzzetti' s Resubdivision, 2235 Westview Drive; Mayor and City Clerk be authorized to executive same; and further recommend to adopt Resolution R-108-05, A RESOLUTION APPROVING THE FINAL PLAT FOR GUZZETTI'S RESUBDIVISION LOCATED AT 2235 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: f1 R-108-05 (Cont'd. ) VEH. ENFORCE. AGREEMENT/ 1297 HARDING: Consent Agenda Resolution R-109-05 !EMA GRANTS/ FLOOD MITIGATION ASSISTANCE: Resolution R-110-05 PARKING PAD VARIATION/ 1415 MARGRET: Consent Agenda PURCHASE OF EXCAVATOR & ACCESSORIES: Consent Agenda PAGE FOUR 118 7/11/05 AYES: 5-Christiansen, Sayad, Brookman, Becker, Smith NAYS: 2-Beauvais, Murphy ABSENT: 1-Argus Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation that Mayor and City Cl erk be authorized to execute "Agreement for Enforcement o f Municipal Ordinances on Private Property" for pol ice , traffic and parking enforcement for property located a t 12 97 Harding Avenue; and further recommend to adopt Resolution R-109-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES 5 "PUBLIC HEALTH AND SAFETY ," 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND CATHERINE DENZINGER FOR PROPERTY LOCATED AT 1297 HARDING AVENUE, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Murphy, to suspend the rules to permit public input on this matter. Motion declared carried. General Manager Ray Hund of the Methodist Campground addressed the City Council stating that the Campgrou n d is very interested in a Flood Mitigation Plan; they can 't get funding without a plan; he urged the City to ma ke application for these grants. Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation that they be authorized to make application for grants through the Illinois Emergency Management Agency (IEMA) for Flood Mitigation Assistance in the amounts of $20,300 to develop a mitigati on or al l - hazards plan and $22,410 for technical assistance; and further recommend to adopt Resolution R-110-05 , A RESOLUTION AUTHORIZING CITY STAFF TO APPLY FOR I EMA GRANTS TO DEVELOP AND ADOPT A FLOOD MITIGATION PLAN FOR THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus Motion declared carried. Moved by Beauvais, 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 enlargement of existing 12'-3" wide driveway to create a parking pad 4' wide x 60' long in the front yard of property located at 1415 Margret Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize purchase of one (1) John Deere Model 160C LC Excavator, an Interstate 50TDL Trailer, a 32" Fecon Head (Brush Cutter) and additional accessories through the Federal Government General Services Administration, Contract #GS-30F-1021D, from John Deere Company, P.O. Box 8806, Moline, IL 61266, in the total amount of $202,430/Area #4 CIP 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. c. 0. #1/ BLDG. DEMOLI. 1175 PROSPECT LN . : Consent Agenda ORDINANCE M-34-05 LIQ. LIC./ 2930 s. RIVER ROAD: WARRANT REGISTER: ZONING CASE 05-31-PUD-A CONDIT. USE & MAP AMEND./ 254 LAUREL: PAGE FIVE 119 7/11/05 Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve Change Order #1 to contract with Albrecht Enterprises, Inc. (approved by the City Council on April 18, 2005 for Building Demolition and Pavement Removal on property located at 2655, 2675- 2661, 2687 and 2695 Mannheim Road), to demolish City- owned building at 1175 Prospect Lane, in the total amount of $16,800/Building Replacement Fund; for a new total contract amount of $81,688. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Becker, to advance to Second Reading and adopt Ordinance M-34-05, 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 A LIQUOR LICENSE FOR CHICAGO RIVER ROAD RESTAURANT, LLC D/B/A HILTON GARDEN INN -O'HARE LOCATED AT 2930 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus 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 Christiansen, seconded by Murphy, to recommend to the City Council approval of the July 11, 2005 - Warrant Register, in the total amount of $3,291,075.19; and further recommend that Resolution R-107-05 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Director of Community and Economic Development Bleuher reviewed his memo of July 11, 2005, regarding request for approval of Preliminary Planned Unit Development (PUD), two (2) Exceptions and Map Amendment to rezone property at 254 S. Laurel Avenue from M-2 General Manufacturing to R-4 Central Core Residential; the project will consist of 120 condominiums and 117 townhouses on 9.44 acres. Attorney Patrick Brankin, Ron Lanz, Land Vision, Inc., and Nate Wynsma, Remington Homes, addressed the Committee of the Whole and answered questions from the aldermen. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole asking about garbage removal; how will they do that? Mr. Wynsma said it will be collected from the alley. Mr. John Burke, 1351 Evergreen Avenue, addressed the Committee of the Whole stating that he has lived here for 33 years; Remington Homes was a good choice to develop this land; we are really pleased with the style of these buildings; this could set a trend for future building in Des Plaines. Moved by Brookman, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission and recommend to the City Council, re Zoning Case 05-31-PUD- A, to approve Preliminary Planned Unit Development ( PUD); approve two (2) permitted PUD Bulk Exceptions regarding · front yard setback and building height; approve Map~ ~~~~=======-=====~=====----~ 254 LAUREL (Cont'd.) ZONING CASE 05-34-V VARIATION/ 1371 CENTER: COUNCIL COMMITTEES: WARRANT REGISTER: Resolution R-107-05 PAGE SIX 120 7/11/05 Amendment to rezone from M-2 General Manufacturing District to R-4 Central Core Residential District on property located at 254 S. Laurel Avenue; one-way streets be consistent with existing streets; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Director of Community and Economic Development Bleuher reviewed his memo of June 29, 2005, regarding request for an after-the-fact Variation to permit construction of a second accessory structure with an area of 218.73 sq. ft. instead of the permitted one (1) accessory structure with an allowed area of 150 sq. ft. Petitioner Sona Dostalova addressed the Committee of the Whole stating that she was unaware that a permit was required; the shed is needed for machinery. Moved by Beauvais, seconded by Brookman, to recommend to the City Council, re Zoning Case 05-34-V, to approve request for an after-the-fact Variation to Section 8. 1-3- E of the Zoning Ordinance to permit construction of a second accessory structure with an area of 218. 73 sq. ft. instead of the permitted one (1) accessory structure with an allowed area of 150 sq. ft. on property located at 1371 Center Street; contingent upon the shed being moved and demolition of existing 80 sq. ft. shed; the petitioner pay a double permit fee or a minimum of $150 for building without a permit; comply with all City ordinances; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Sayad voted no. COMMITTEE ON COMMITTEES -Alderman Christiansen, Chair City Manager Niemeyer reviewed his memo of July 1, 2005, regarding whether the City Council should continue to have committees; he reviewed the present structure, some of the issues and concerns that have been raised concerning committees, and presented three (3) options: --keep Council committees as they are with no change; --keep Council committees, but modify when committee meetings are held, how items are referred to committees, and how committee agenda items are coordinated through Staff; --eliminate committees al together and go to a system where Committee of the Whole (meetings of the entire Council) are called on off-Council nights. Alderman Becker stated that things should stay as they are now. Alderman Sayad stated that there could be some improvement but we should keep things the way they are. Alderman Brookman stated that the current committee structure isn't broken so why fix it; she is in favor of keeping it as is. Alderman Christiansen asked the aldermen to bring their calendars with them at the next meeting so a date can be set for a meeting of the Committee on Committees. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-107-05, 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 AN~ WARRANT (Cont'd. ) ZONING CASE 05-31-PUD-A CONDIT. USE & MAP AMEND./ 254 LAUREL: ZONING CASE 05-34-V VARIATION/ 1371 CENTER: SINGLE BID/ COMPUTER- AIDED DISPATCH SYSTEMS: ADJOURNMENT: PAGE SEVEN 121 7/11/05 ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,291,075.19. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 0-None ABSENT: 1-Argus Motion declared carried. Moved by Becker, seconded by Brookman, to concur with recommendation of Committee of the Whole, re Zoning Case 05-31-PUD-A, to approve Preliminary Planned Unit Development (PUD); approve two (2) permitted PUD Bulk Exceptions regarding front yard setback and building height; approve Map Amendment to rezone from M-2 General Manufacturing District to R-4 Central Core Residential District on property located at 254 S. Laurel Avenue; one-way streets be consistent with existing streets; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Becker, seconded by Christiansen, to concur with recommendation of Committee of the Whole, re Zoning Case 05-34-V, to approve request for an after-the-fact Variation to Section 8.1-3-E of the Zoning Ordinance to permit construction of a second accessory structure with an area of 218.73 sq. ft. instead of the permitted one (1) accessory structure with an allowed area of 150 sq. ft. on property located at 1371 Center Street; contingent upon the shed being moved and demolition of existing 80 sq. ft. shed; the petitioner pay a double permit fee of a minimum of $150 for building without a permit; comply with all City ordinances; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Sayad voted no. Moved by Christiansen, seconded by Beauvais, that City Clerk be authorized to open single bid received on Wednesday, July 6, 2005, for Computer-Aided Dispatch (CAD) and Records Management System (RMS) Computers. Motion declared carried. City Clerk McAllister opened the bid and announced that the bid was received from Optimus Solutions, One Pierce Place, Suite lOOW, Itasca, IL 60143, in the total bid amount of $49,125.88. Mayor Arredia ref erred the bid to Staff for review and report. Moved by Brookman, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeti~~~.£ •• Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS 3 An