10-17-2005182
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 17, 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, October 17, 2005.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Say ad, Becker, Smith and Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Brookman arrived in Executive Session at 6:32 p.m.
Alderman Beauvais arrived in Executive Session at 6:35
p.m.
Also present were: City Manager Niemeyer, Assistant Director of Finance
Sloth, Police Chief Prandini, Deputy Fire Chief Jaeger, Director of
Engineering Oakley, Director of Public Works Dusckett, Deputy Director
of Community & Economic Development-Building Code Molinari, Deputy
Director of Community & Economic Development Angell, Assistant City
Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PROCLAMATION:
CITIZEN
PARTICIPA. :
SETTING PRICE
SALE-LEASE OF
PROPERTY/
2655-2695 s.
MANNHEIM RD.
TIF #6:
Moved by Smith, seconded by Sayad, to go
Session to discuss setting price for
property. Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 2-Beauvais, Brookman
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 p.m.
into Executive
sale-lease of
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman , Becker,
Smith, Argus.
The opening prayer was given by Deacon Jim Ernst, Our
Lady of Hope Catholic Church, followed by the Pledge of
Allegiance.
Mayor Arredia read a proclamation in honor of Marine
Week, November 6-13, 2005; resident Vince Powers accepted
the proclamation on behalf of the United States Marine
Corps and expressed his pride in being a Marine.
Mr. Brian Burkross, 2133 Webster Avenue, addressed the
City Council to correct some misinformation that was
given by an alderman at a previous City Council meeting
regarding inoperable or junk vehicles, their licensing
and emission test requirement.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that he was recently in New York during
a terrorist threat; Mayor Blumberg of New York City
handled the situation very well; he remained calm and
created no panic; if Des Plaines ever faces a crisis, he
hopes the City officials will be calm under pressure.
Moved by Becker, seconded by Beauvais, to concur with
consensus in Executive Session that Staff be authorized
to negotiate a redevelopment agreement with Tartan Realty
Group, Inc., 30 W. Monroe Street, Suite 1000, Chicago,
IL 60603, for the redevelopment of property located at
2655-2695 S. Mannheim Road -TIF #6, as directed by the
aldermen, and said redevelopment agreement be brought
back to the City Council for approval in open sessio~
MANNHEIM RD.
(Cont'd. )
PATIO
VARIATION/
1912
RIVERVIEW:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
PARKING
RESTRICTION/
FIRE
HYDRANTS:
Consent
Agenda
Ordinance
T-11-05
PAGE TWO
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
ABSTAIN:l-Sayad (conflict of interest)
Motion declared carried.
183
10/17/05
Moved by Christiansen, seconded by Smith, to POSTPONE
until December 5, 2005, the request for a Patio Variation
for property located at 1912 Riverview Avenue, scheduled
to be discussed under Committee of the Whole later in the
meeting. Motion declared carried.
City Clerk McAllister requested that Item 8 be removed
from the Consent Agenda.
Moved by Brookman, seconded by Sayad,
Consent Agenda except for Item 8.
carried.
to establish a
Motion declared
Moved by Becker, 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. Minutes were approved; Staff
recommendations and requests were approved; Ordinance T-
11-05 was placed on First Reading; and Resolutions R-141-
05 and R-142-05 were adopted.
Moved by Becker, seconded by Murphy, to approve minutes
of the regular meeting of the City Council held September
19, 2005, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to approve minutes
of Executive Session of the City Council held September
19, 2005. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to approve minutes
of the regular meeting of the City Council held October
3, 2005, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to approve minutes
of the Executive Session of the City Council held October
3, 2005. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to amend Title 7, Chapter 3, Section 7-3-
11 -"Parking Near Fire Stations, Apparatus or Lanes,"
and Chapter 10, Section 7-10-6 -"Code Violation Fines"
of the City Code that the parking restriction around fire
hydrants and automatic sprinkler connections be reduced
from 20 to 15 feet to conform with Illinois Vehicle Code;
and further recommend to place on First Reading Ordinance
T-11-05, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES
AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND
PARKING," SECTION 11, "PARKING NEAR FIRE STATIONS,
APPARATUS OR LANES" AND CHAPTER 10, "TRAFFIC ENFORCEMENT
AND PENALTIES," SECTION 6, "CODE VIOLATION FINES," OF THE
CITY OF DES PLAINES CITY CODE. Motion declared carried
as approved unanimously under Consent ~genda.
EXTENSION
OF AGREEMENT/
O'HARE NOISE
COMPATIBILITY
COMMISSION:
Consent
Agenda
Resolution
R-141-05
PURCHASE/
WATER METERS
& PARTS
BADGER
METERS , INC . :
Consent
Agenda
Resolution
R-142-05
c.o. #1/
POST OFFICE
BUILD OUT
684 LEE ST.:
PATIO
VARIATION/
1788 SPRUCE:
Consent
Agenda
PARKING PAD
VARIATION/
857 MADELYN
DRIVE:
Consent
Agenda
PAGE THREE
184
10/17/05
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to approve five ( 5) -year extension of
"Intergovernmental Agreement Relating to the O'Hare Noise
Compatibility Commission" (approved by the City Council
on March 4, 2002 -Resolution R-22-02), between the City
and the O'Hare Noise Compatibility Commission, to and
including December 31, 2010; the body of the agreement
will not change; and further recommend to adopt
Resolution R-141-05, A RESOLUTION AUTHORIZING AN
EXTENSION OF THE "INTERGOVERNMENTAL AGREEMENT" BETWEEN
THE CITY OF DES PLAINES AND THE O'HARE NOISE
COMPATIBILITY COMMISSION. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to authorize purchase of water meters and
repair parts from Badger Meters, Inc., 4545 W. Brown Deer
Road, Milwaukee, WI 53225, on an "as needed" basis
throughout the year at a cost not-to-exceed
$70, 000/Budgeted Funds; and it would be in the best
interest of the City that usual bid procedures be waived
because Badger Meters, Inc. has provided meters to the
City since 1977 and approximately 95% of the City meters
are Badger; and further recommend to adopt Resolution R-
142-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DES PLAINES TO WAIVE PURCHASING POLICIES AND GUIDELINES
TO PURCHASE WATER METERS AND REPAIR PARTS FROM BADGER
METERS, INC. FOR THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Mr. Joseph Botte, 560 Webford Avenue, addressed the City
Council asking for approval of this Change Order #1; this
post office facility is truly needed; the one on Oakton
Street is not adequate; there are traffic problems.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation to approve Change Order #1 to contract
with Charter Construction Company, 3550 Salt Creek Lane,
Suite 116, Arlington Heights, IL 60005, for the interior
build out of the post office facility on property located
at 684 Lee street (approved by the City Council on August
1, 2005 in the amount of $222, 546; amount originally
approved by the City Council in Exe cu ti ve Session on
March 15, 2004 was $288,000); for changes to the plans
required by the City Code, in the amount of $21,092.50
for a total build out cost of $295,972.50 ($7,972.50 over
the maximum amount approved by the City Council on March
15, 2004). 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 Murphy, to concur with Staff
recommendation to grant request for Variation to Section
10-1-11 of the Building Code Amendments for property
located at 1788 Spruce Avenue, to permit construction of
a 15' x 15' brick patio in the rear yard that would
extend 19' from the building foundation (Code prohibits
patios from extending more than 15' from the building
foundation) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, 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 14'-8" wide x 31' long driveway
to create a parking pad, 2' wide X 31' long, in the front
yard of property located at 857 Madelyn Drive. Motion
declared carried as approved unanimously under Consent
Agenda.
DRIVEWAY
VARIATION/
750 THERESE
TERRACE:
Consent
Agenda
BID AWARD/
BIG BEND LIFT
STATION
REPLACEMENT:
Consent
Agenda
BID AWARD/
SURVEILLANCE
CAMERA SYS . :
Consent
Agenda
DRIVEWAY
VARIATION/
1073
STOCKTON:
WARRANT
REGISTER:
PAGE FOUR
185
10/17/05
Moved by Becker, 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 and approach by filling
in the unpaved triangular shaped piece of driveway and
widen approach from 14' to 16' to match driveway width
on property located at 7 50 Therese Terrace. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to award bid for Big Bend Lift Station
Replacement to the lowest bidder, Martam Construction,
1200 Gasket Drive, Elgin, IL 60120, in the total bid
amount of $268,980/Budgeted CIP Funds. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to award bid for Surveillance Camera
System for City Hall and Police Department to the second
lowest bidder, Initial Electronics, 12838 S. Cicero
Avenue, Alsip, IL 60803, in the total bid amount of
$62,623.31/Grant Funds of $38,420 and U.S. Customs Asset
Forfeiture Funds of $21,203.21 (no cost to the City).
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
BUILDING CODE -Alderman Christiansen, Chair
Deputy Director of Community and Economic Development-
Building Code Molinari reviewed his memo of October 7 ,
2005, regarding this request to enlarge the existing
driveway to create a parking pad on property located at
1073 Stockton Avenue; Staff is recommending against this
request because it may block the sight line and it also
will cover 41% of the 1,412 sq. ft. front yard.
Mr. and Mrs. Darren Nowalski addressed the Committee of
the Whole and answered questions from the aldermen; his
neighbors are not opposed to this request; there are
other similar variations.
Motion by Brookman to approve this Driveway Variation for
property located at 1073 Stockton Avenue DIED FOR LACK
OF A SECOND.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation and recommend to the City Council to DENY
request for Variation to Section 10-1-11 of the Building
Code Amendments to permit enlargement of existing
driveway to create a parking pad 21.8' wide by 28.75'
long by adding 10'-9" on the east side of existing 9'-9"
wide driveway, in the front yard of property located at
107 3 Stockton Avenue. Motion declared carried. Alderman
Brookman voted no.
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Murphy, seconded by Christiansen, to recommend
to the City Council approval of the October 17, 2005 -
Warrant Register, in the total amount of $3,725,888.86;
and further recommend that Resolution R-166-05 be adopted
at appropriate time this evening. Motion declared
carried.
AMENDMENT/
RAFFLE
ORDINANCE:
ORDINANCE
M-68-05
AMENDMENT/
RESIDENCY
REQUIREMENT
FOR DEPART.
HEADS:
WARRANT
REGISTER:
Resolution
R-166-05
AMENDMENT/
RAFFLE
ORDINANCE:
Ordinance
M-67-05
PAGE FIVE
LEGAL & LICENSING -Alderman Smith, Chair
186
10/17/05
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation and recommend to the City Council to
approve amendment to the City Code allowing qualified
organizations to obtain only one (1) raffle license per
year, allow affiliated organizations to conduct lotteries
and raffles under the parent organization's license; and
set the annual license fee at $25.00; and Ordinance M-67-
05 be placed on First Reading at appropriate time this
evening. Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Murphy, seconded by Sayad, to place on First
Reading Ordinance M-68-05, AN ORDINANCE AMENDING TITLE
1, "ADMINISTRATIVE," CHAPTER 7, "CITY OFFICIALS," SECTION
8, "DEPARTMENT HEAD RESIDENCY," OF THE CITY OF DES
PLAINES CITY CODE.
Moved by Smith, seconded by Beauvais, to adopt a
SUBSTITUTE MOTION to amend Ordinance M-68-05 to abolish
residency for Department Heads. MOTION DECLARED FAILED
(Aldermen Beauvais, Christiansen and Smith voted yes;
Aldermen Murphy, Sayad, Becker and Argus voted no; and
Alderman Brookman was absent).
Motion declared carried on the original motion (Aldermen
Murphy, Sayad, Becker and Argus voted yes; Aldermen
Beauvais, Christiansen and Smith voted no; and Alderman
Brookman was absent).
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-166-05, 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:
$3,725,888.86. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Moved by Smith, seconded by Sayad, to concur with
recommendation of Committee of the Whole to approve
amendment to the City Code allowing qualified
organizations to obtain only one (1) raffle license per
year, allow affiliated organizations to conduct lotteries
and raffles under the parent organization's license, set
the annual license fee at $25; and place on First Reading
Ordinance M-67-05. Motion declared carried.
Moved by Beauvais, seconded by Sayad, to advance to
Second Reading and adopt Ordinance M-67-05, AN ORDINANCE
AMENDING TITLE 6, "POLICE REGULATIONS," CHAPTER 4,
"GAMBLING," SECTION 2, "LOTTERIES AND RAFFLES," AND TITLE
4, "BUSINESS REGULATIONS," CHAPTER 1, "GENERAL LICENSE
REGULATIONS," SECTION 6, "LICENSE FEES," OF THE CITY OF
DES PLAINES CITY 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.
DRIVEWAY
VARIATION/
1073
STOCKTON:
ADJOURNMENT:
PAGE SIX
187
10/17/05
Moved by Christiansen, seconded by Argus, to concur with
recommendation of Committee of the Whole to DENY request
for Variation to Section 10-1-11 of the Building Code
Amendments to permit enlargement of existing driveway to
create a parking pad 21.8' wide x 28.75' long by adding
10'-9" on the east side of existing 9'-9" wide driveway
in the front yard of property located at 1073 Stockton
Avenue. Motion declared carried. Alderman Brookman
voted no.
Moved by Sayad seconded by Murphy, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 8:05 p.m.
~~
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS