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03-20-2006270 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, MARCH 20, 2006 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 20, 2006. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Becker, Smith, Argus. Aldermen Murphy, Sayad and Brookman were absent. Aldermen Murphy arrived in Executive Session at 6:08 p.m. Also present were: City Manager Niemeyer, Interim Director of Finance Simpson, Police Chief Prandini, Fire Chief Heavey, Deputy Director of Engineering Duddles, Director of Public Works Dusckett, Director of Community & Economic Development Bleuher, Deputy Director of Community & Economic Development Angell, Assistant City Manager/Director of Human Resources Baj or, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PARTICIPA: PROBABLE- IMMINENT LITIGATOIN/ POST OFFICE FACILITY, 684 LEE ST.: Resolution R-49-06 Moved by Christiansen, seconded by Argus, to go into Exe cu ti ve Session to discuss personnel and probable- imminent litigation. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Becker, Smith, Argus NAYS: 0-None ABSENT: 3-Murphy, Sayad, Brookman Motion declared carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:01 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Becker, Smith, Argus. The opening prayer was given by Deacon Jim Ernst, Lady of Hope Church, followed by the Pledge Allegiance. Our of Mr Art Solis, 1495 Campbell Avenue, addressed the City Council, stating that he has been a graphic designer for over 30 years; he has designed several entry sign options for Miner Street and River Road; they would represent the City well. Alderman Becker stated that a joint meeting of the Community Development and Public Works Committees will be held soon to discuss signage for this area. Moved by Murphy, seconded by Christiansen, to concur with consensus in Executive Session that Mayor and City Clerk be authorized to execute Settlement Agreement between Cheshire Cheese, LLC, Steven Shambora, Robert Shambora and Scott Hodlmair, 654 Arlington Avenue, Des Plaines, and the City for the settlement of all outstanding issues relating to the build out of the U.S. Post Office Facility at 684 Lee Street; and adopt Resolution R-49-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BETWEEN CHESHIRE CHEESE, LLC, STEVEN SHAMBORA, ROBERT SHAMBORA AND SCOTT HODLMAIR (HEREINAFTER "OWNERS") AND THE CITY OF DES PLAINES ("CITY") REGARDING THE DOWNTOWN POST OFFICE FACILITY. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Sayad, Brookman Motion declared carried. CONSENT AGENDA: MINUTES: Consent Agenda REDEV. PLAN- PROJECT, PUB. HEARING TIF #4: Ordinance M-11-06 TIME EXTENS./ NEW WESTVIEW SUBDIV. , 2320 WESTVIEW: Consent Agenda Ordinance M-12-06 SALARY RANGE ADJUST. , DIR. OF COMM. & ECONOMIC DEVELOPMENT: Ordinance M-13-06 PAGE TWO 271 3/20/06 City Clerk McAllister requested that Items 3, 3a and 19 be removed from the Consent Agenda, and Alderman Beauvais requested that Items 5 and Sa be removed. Moved by Becker, seconded by Murphy, Consent Agenda except for Items 3, 3a, Motion declared carried. to establish a 5, 5a and 19. Moved by Beauvais, seconded by Becker, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Sayad, Brookman Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-8-06 and M-9-06 were adopted; Ordinance M- 12-06 was placed on First Reading; and Resolutions R-44- 06, R-45-06, R-46-06 and R-48-06 were adopted. Moved by Beauvais, seconded by Becker, to approve minutes of the regular meeting of the City Council held March 6, 2006, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to approve minutes of the Executive Session of the City Council held March 6, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Becker, that the matter of the proposed Redevelopment Plan and Project for the designated Five Corners Project Area (River Road-Rand Road-Golf Road) and Public Hearing to be held on Monday, June 19, 2006, and Ordinance M-11-06; be held for discussion by the Community Development Committee under Committee of the Whole. Motion declared carried. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to grant request for time extension for completion of improvements to New West view Subdivision, 2320 Westview Drive (approved by the City Council on September 6, 2005 -Resolution R-151-05), and submission of Letter of Credit for said improvement; until June 2, 2006; and further recommend to place on First Reading Ordinance M-12-06, AN ORDINANCE AUTHORIZING AN EXTENSION OF TIME FOR SUBDIVISION AT 2320 WESTVIEW DRIVE FOR THE FILING OF BOND, SURETY, OR LETTER OF CREDIT IN FURTHERANCE OF THE WORK OF BUILDING OF A STORM WATER SEWER IN CONNECTION WITH THE APPROVED SUBDIVISION. Motion declared carried as approved unanimously under Consent Agenda. Alderman Beauvais stated that she is opposed to this increase because it should be done at the appropriate time in May and not because of residency; it sends a bad message to the Staff. Moved by Becker, seconded by Murphy, to amend Title 1, Chapter 8, Section 4B., Schedule VII "Management Personnel -Non-Union" of the City Code to change the salary range for the Director of Community & Economic Development as follows: Minimum -$78,333, Midpoint - $92,143 and Maximum -$105,959; and further recommend to place on First Reading Ordinance M-13-06, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4B., "ADOPTION OF COMPENSATION PLAN," SCHEDULE VII "MANAGEMENT PERSONNEL -NON-UNION" OF THE CITY CODE. Alderman Murphy stated that this positoin has been underpaid since the beginning; it is not meant to reward for residency; there is only a $12,000 difference; it was in the best interest of the City and as the most efficient way for the City to go. SALARY (Cont'd. ) ICJIA GRANT/ MOBILE DATA COMPUTERS FOR POLICE VEH . : Consent Agenda Resolution R-44-06 AGREEMENT/ INTERIM DIRECTOR OF FINANCE: Consent Agenda Resolution R-45-06 REDUCTION OF PUB. IMPROV. SURETY, 290-314 BERKSHIRE: Consent Agenda Resolution R-46-06 LOBBYIST AGREEMENT/ ALL-CIRCO: Consent Agenda Resolution R-48-06 PURCHASE OF RADIO TRANSMITTING WATER METER DEVICES: Consent Agenda PAGE THREE 272 3/20/06 Alderman Christiansen stated that he will be voting no; we should wait until the appropriate time; with residency we are limiting our pool of candidates; he is opposed to residency. Motion declared carried. Aldermen Beauvais and Christiansen voted no. Mayor Arredia voted yes. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize Mayor to execute "Interagency Agreement" with Illinois Criminal Justice Information Authority, 120 S. Riverside Plaza, Chicago, IL 60606, to accept grant in the amount of $11,895 and approve matching funds in the amount of $3,965/Federal Asset Forfeiture Funds (no cost to the City), for the purchase and installation of Mobile Data Computers for police vehicles; and further recommend to adopt Resolution R-44-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY AND THE CITY OF DES PLAINES FOR A GRANT IN THE AMOUNT OF $11,895. Mot i on declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize City Manager and City Clerk to execute "Service Agreement" with Bob G. Simpson for his services as Interim Director of Finance, at an hourly rate of $60, February 22, 2006 until June 2, 2006, renewable upon the agreement of both parties; and further recommend to adopt Resolution R-45-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT BETWEEN BOB G. SIMPSON AND THE CITY OF DES PLAINES FOR HIS SERVICES AS INTERIM DIRECTOR OF FINANCE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to grant request for Reduction of Public Improvement Surety for Luxus Third Subdivision, 290 to 314 Berkshire Lane, by $60,000 or 87%; petitioner to submit a new Letter of Credit in the amount of $8,765; and further recommend to adopt Resolution R-4 6-0 6, A RESOLUTION APPROVING REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR LUXUS THIRD SUBDIVISION LOCATED AT 290 TO 314 BERKSHIRE LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Agreement for Services" with All- Circo, 111 W. Washington Street, Suite 1920, Chicago, IL 60602, to perform lobbyist services for the City for a one (1)-year period, November 1, 2005 through October 31, 2006, for the amount of $70, 000/Budgeted Funds; and further recommend to adopt Resolution R-48-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN ALL-CIRCO, INC. AND THE CITY OF DES PLAINES FOR LOBBYIST SERVICES FOR THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize purchase of Radio Transmitting Water Meter Devices in the not-to-exceed amount of $40,000/Budgeted Water Funds, from the "sole source supplier," Badger Meter, Inc., 4545 W. Brown Deer Road, Milwaukee, WI 53224; and autorize installation of the Water Meter Devices by United Meters, Inc., 798 Gore Road, P.O. Box 518, Morris, IL 60450 (factory-authorized installer of Badger Meters), in the not-to-exceed amount of $10,000/Budgeted Water 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. ~ REPLACE EJECTOR PUMPS CITY HALL: Consent Agenda PURCHASE/P.W. PICK-UP TRUCKS: Consent Agenda PURCHASE/P.W. FIVE-TON TRUCKS: Consent Agenda PURCHASE/ DRYERS FOR FIRE HOSES: Consent Agenda PURCHASE/ VEHICLES FOR POLICE DEPARTMENT: Consent Agenda PURCHASE/ COMPUTERS FOR SQUAD CARS: Consent Agenda BID AWARD/ SEWER LINING & TELEVIS.: Consent Agenda BID AWARD/ RIPRAP MAT. , TRUCKING & DISPOSAL OF DEBRIS: Consent Agenda PAGE FOUR 273 3/20 /0 6 Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to accept proposal from Bishop Plumbing, Inc., 975 Rand Road, Des Plaines, to replace and install three ( 3) Ejector Pumps located in the basement of City Hall, in the amount of $8,185/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize purchase through the Suburban Purchasing Cooperative Bid Program of nine (9) 2006 Ford Pick-Up Trucks for Public Works Department from Currie Motors, 94 2 3 W. Lincoln Highway, Frankfort, IL 60423, in the total amount of $286,106/CERF -$219,855 and Water CERF - $ 66, 251. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur wi t h Staff recommendation to authorize purchase through the Illinois Central Management Services Bid Program of three (3) 2006 Five-Ton Trucks for Public Works Department from Prairie International Trucks, Inc., 401 S. Dirksen Parkway, Springfield, IL 62703, in the total amount of $277, 68 6/Budgeted CERF. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais , seconded by Becker, to concur with Staff recommendation to authorize purch ase and installation of two (2) Circul-Air Dual Purpose Dryers (for fire hoses) from Circul-Air Corporation, 35 0 Pfhingsten Road, Northbrook, IL 60062 (sole manufacturer), in the amount of $26,769.53/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 Becker, to concur with Staff recommendation to authorize purchase of two (2 ) Honda Rincon TRX650A ATV (All-Terrain Vehicles ) f o r t he Police Department, from Des Plaines Honda, 550 Northwest Highway, Des Plaines, in the total amount of $15,900/Federal Asset Forfeiture Funds (no cost to the City). Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur wit h Staff recommendation to authori ze purchase of t wo (2 ) Datalux Mobile Data Computers to be installed in s quad cars, as earmarked in the Illinois Criminal Justic e Information Authority Grant (Grant approved earli er in the meeting), in the amount of $9,945 (no cost to the City), from Future Link of Illinois, Inc., 25W658 St. Charles Road, Carol Stream, IL 60188. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to award bid for Sewer Lining and Televising to the lowest bidder, Michels Corporation, 817 W. Main Street, Brownsville, WI 53006, in the bid amount of $28.50 per lineal foot for Cured in Place Pipe Liner and $559 per tap grouted for Lateral Taps Grouted- Sealed/Budgeted CIP Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to award bid for Production and Furnishing of Riprap Material, Trucking and Disposal of Debris to the l owest bidder , Rockford Bl ackt op Construction, 5290 Nimtz Road, Loves Park, IL 61111, for a one (1)-year period, April 1, 2006 to March 31 , 2007 , for the not-to-exceed amount of $100,000/Budgeted CIP Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ TEST. AND MAINT. OF FIRE PROTEC. EQUIPMENT: ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-8-06 SNOW REMOVAL CONTRACTORS LICENSE REQUIREMENT: Consent Agenda ORDINANCE M-9-06 REVISION/ POSITION CLASS. AND COMPEN. PLAN: Consent Agenda WARRANT REGISTER: PAGE FIVE 274 3/20/06 Director of Public Works Dusckett stated that the lower bidder, Fox Valley Fire & Safety, has requested that their bid be withdrawn due to the increase in the insurance requirements. Director of Public Works Dusckett recommended that the bid be awarded to the second lowest bidder, Ahern Fire Protection. Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation to award bid for Testing and Maintenance of Electrical Fire Protection Equipment and Fire Extinguishing Sprinkler Systems to the second lowest bidder, Ahern Fire Protection, 1364 Hamilton Parkway, Itasca, IL 60143, for the year one (1) bid amount of $7,700, year two (2) bid amount of $7,700 and year three (3) bid amount of $8,250/Budgeted Funds. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Sayad, Brookman Motion declared carried. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Purchase of Gasoline and Diesel Fuel, returnable by 3:00 p.m., Wednesday, April 5, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Cleaning and Televising of Weller Creek Box Culvert, returnable by 3:00 p.m., Wednesday, April 12, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2006 CIP -Contract A, Rear Yard Drainage Improvements Project, returnable by 3:00 p.m., Thursday, April 6, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to adopt Ordinance M-8-06, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 9, "SERVICE BUSINESSES AND OCCUPATIONS," SECTION 1, "BUILDING AND ELECTRICAL CONTRACTORS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to adopt Ordinance M-9-06, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," OF THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Smith, Vice Chair Moved by Christiansen, seconded by Murohy, to recommend to the City Council approval of the March 20, 2006 - Warrant Register, in the total amount of $2,527,447.45, and further recommend that Resolution R-47-06 be adopted at appropriate time this evening. Motion declared carried. ~ PARKING PAD VARIATION/ 1461 WEDGEWOOD: DRIVEWAY VARIATION/ 1771 GREENLEAF: PAGE SIX BUILDING CODE -Alderman Christiansen, Chair 275 3/20/06 Director of Community & Economic Development Bleuher stated that this matter was discussed at the January 3, 2006 City Council meeting and referred back to Staff for further review because of concerns regarding the configuration of the parking pad in relation to a City fire hydrant. Director of Community & Economic Development Bleuher stated that Staff has met with the petitioner and visited the site; petitioner has amended her request for a variation that would permit the removal of an existi ng asphalt driveway and parking pad and replace and wi den with concrete material resulting in a 16' wide approach and a 22' wide (previously requested it be 26' wide) x 25' long parking pad in the front yard of property located at 1461 Wedgewood Avenue; Staff is recommending denial of this Variation. Petitioner Carol O'Hagan addressed the Committee of the Whole and answered questions from the aldermen; she has downsized her request from 25' to 22'; there i s a l most no parking on the street. (Alderman Beauvais left the meeting at 7:30 p.m.) Alderman Murphy asked the petitioner if she would be willing to work with the Staff to resolve this matter. The petitioner said she has compromised. (Alderman Beauvais returned to the meeting at 7:50 p.m.) Moved by Murphy, seconded by Argus, to recommend t o the City Council to grant request for a Variation to Section 10-1-11 of the Building Code Amendments to permit removal of an existing asphalt driveway and parking pad and replace and widen with concrete material resulting in a 16' wide approach and a 22' wide x 25' long parking pad in the front yard of property located at 1461 Wedgewood Avenue. Moved by Christiansen, seconded by Smith, t o a dopt a substitute motion and recommend t o the Ci ty Council tha t request for Variation to Section 10-1-11 of the Bu ilding Code Amendments to permit removal of an existing asphalt driveway and parking pad and replace and widen with concrete material resulting in a 16' wide approach and a 22' wide x 25' long parking pad in the front yard of property located at 1461 Wedgewood Avenue, BE DENIED based on Staff's recommendation. MOTION DECLARED FAILED. Aldermen Christiansen, Becker and Smith voted yes ; Aldermen Beauvais, Murphy and Argus voted no (a tie vote is a failed vote ). MOTION DECLARED FAILED ON THE ORIGINAL MOTION. Aldermen Beauvais, Murphy and Argus voted yes; Aldermen Christiansen, Becker and Smith voted no (a tie vote is a failed vote). Director of Community & Economic Development Bleuher reviewed this request for an after-the-fact variation for property located at 1771 Greenleaf Avenue to permit enlargement of existing driveway to create a parking pad 46' wide x 33' long, by adding approximately 15' on t he east side of existing 31' wide driveway; this matter was previously discussed on December 19, 2005 and then referred back to Staff for further review. Petitioners Christine and Antonio Zambaftis addressed the Committee of the Whole and answered questions from the aldermen. GREENLEAF (Cont'd.) PATIO VARIATION AND ZONING CASE 05-38-V 1912 RIVERVIEW: PAGE SEVEN 276 3/20/06 Director of Community & Economic Development Bleuher stated that Staff and Alderman Becker have met with the petitioners and visited the site; petitioners have agreed to remove a 6' wide x 40' long strip of asphalt along the driveway and cut down the driveway approach to 18' at the sidewalk and cut the flare to the street down to 24'. Alderman Becker stated that the petitioner does not need a variation now. Moved by Becker, seconded by Beauvais, to recommend to the City Council to remove the Driveway Variation requirement for property located at 1771 Greenleaf Avenue. Motion declared carried. Moved by Becker, seconded by Beauvais, to recommend to the City Council that the variation fee of $220 be refunded to the petitioners. MOTION DECLARED FAILED. Aldermen Beauvais and Becker voted yes; Aldermen Christiansen, Murphy, Smith and Argus voted no. BUILDING CODE -Alderman Christiansen, Chair AND COMMUNITY DEVELOPMENT -Alderman Becker, Chair It was agreed that request for the after-the-fact Patio Variation and the Zoning Case Variation for property located at 1912 Riverview Avenue, would be heard at the same time by both the Building Code and Community Development Committees. Petitioner Dimi trious Chronopolis addressed the Committee of the Whole and answered questions from the aldermen; the "carport" is needed because he has a handicapped wife; he has a letter from a doctor and SSI verifying that his wife is handicapped. Alderman Murphy stated that it is not the aldermen" s place to decide if someone has a disability; that is not our decision. Alderman Christiansen questioned why this information was not presented to the Zoning Board of Appeals at their hearing; it appears that the petitioner altered the drawing after receiving a permit. Moved by Becker, seconded by Smith, to recommend to the City Council to deny request for after-the-fact Patio Variation and petitioner must remove the paving done but not permitted on the original permit. Motion declared carried. Motion by Alderman Beauvais to recommend to the City Council to concur with agreement between Staff and petitioner that if some type of permanent decorative fence or barrier were constructed across the front of the "carport", it would eliminate the need for one of the variation requests, for property located at 1912 Riverview Avenue in R-1 Single Family Residential District, MOTION DIED FOR LACK OF A SECOND. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation and recommend to the City Council to DENY request, re Zoning Case 05-38-V, to permit an attached "carport" to remain as is, which is a second accessory garage where only one (1) is allowable, on property located at 1912 Riverview Avenue in R-1 Single Family Residential District. Motion declared carried. REPORT/ UNDERSIZED LOT 822 PRAIRIE: REDEV, PLAN- PROJECT PUB. HEARING TIF #4: PAGE EIGHT COMMUNITY DEVELOPMENT -Alderman Becker, Chair 277 3/20/06 Alderman Becker stated that 5. 4-1 of the Des Plaines Zoning Ordinance requires that building permit applicants with undersized lots of record must present their plans for construction to the City Council before a permit may be issued. NO ACTION IS REQUIRED BY THE CITY COUNCIL. Mr. Alexander Popovici has applied for a building permit to raze existing single-family residence and construct a new single-family residence that sits on one (1) lot of record on property located at 822 Prairie Avenue; the lot is 50' x 141.56' with a total lot area of 7,078 sq. ft.; based upon the review of the petitioner's plans, the proposed single-family residence is appropriate for the area. This matter was moved from the Consent Agenda to the Committee of the Whole earlier in the evening. Deputy Director of Community & Economic Development Angell reviewed his memo of March 9, 2006, regarding the proposed Redevelopment Plan and Project for the designated Five Corners Project Area (River Road-Rand Road-Golf Road); convening the Joint Review Board and setting the date and time for the Public Hearing as required under State Statutes. Alderman Becker stated that by approving the ordinance, the City will begin the process that may lead to the creation of the TIF District; we are not approving the TIF District tonight. Mr. Scott Olson, 285 Harding Avenue, addressed the Committee of the Whole, and employee of Geiser-Berner Plumbing Heating & Air Conditioning, 1484 Rand Road, read a letter in opposition of forming a TIF in this area. Mr. Eugene Cohn, managing partner of Maine Scrap Metal LLC, 1274 Rand Road, addressed the Committee of the Whole stating that they have been doing business in Des Plaines for over 40 years and they would like to remain for another 40 years; he objects to what the City is trying to do with this property; he has a petition with 1160 signatures asking the City to remove this property from the TIF and 40 businesses have signed a petition also; he will provide the original petitions to the City. Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the Committee of the Whole stating that she would like to see this voted down now; we can't afford another TIF; we have funneled too much money into TIFs; why do you think we can afford it? City Manager Niemeyer said we need to create TIFs in order to make us more financially strong. Ms. Danielle Fato, addressed the committee of the Whole, representing Suburban Transmissions, 1500 Rand Road, and read a letter from the owner in opposition to the TIF. Ed, the owner of Geiser-Berner Plumbing Heating & Air Conditioning, 1484 Rand Road, addressed the Committee of the Whole stating that he doesn't want to sell his property; we have looked at other locations, but couldn't find the right place; we are a long established firm; he is against this TIF; he would like to be out of the TIF or at least be able to buy back his property. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council to propose approving a Redevelopment Plan and Project for the designated Five Corners Project Area (River Road-Rand Road-Golf Road) , propose approval of the adoption of t~ increment allocation financing for the proposed TIF \)' TIF #4 (Cont'd. ) ORDINANCE M-7-06 PICKUP TIMES/ GARBAGE, REFUSE, RECYCLING: WARRANT REGISTER: Resolution R-47-06 PARKING PAD VARIATION/ 1461 WEDGEWOOD: DRIVEWAY VARIATION/ 1771 GREENLEAF: PATIO VARIATION AND ZONING CASE 05-38-V 1912 RIVERVIEW: PAGE NINE 278 3 /20 /06 District #4; convene a Joint Review Board for the proposed TIF District #4 on Monday, April 17, 2006 at 2:00 p.m. and hold a Public Hearing for the proposed TIF District #4 on Monday, June 19, 2006 at 7:00 p.m.; and Ordinance M-11-06 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Beauvais voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Smith, to adopt Ordinance M-7-06, AN ORDINANCE AMENDING TITLE 5, "PUBLIC HEALTH AND SAFETY ," CHAPTER 3, "NUISANCES," SECTION 1 , "NUISANCES DECLARED" OF THE DES PLAINES CITY CODE. A discussion followed on whether this included other pickups and deliveries. City Attorney Wiltse said no. It was agreed that City Attorney Wiltse will draft another ordinance regarding other pickups and deliveries for the City Council's review. Upon roll call, the vote was : AYES: 5-Christiansen , Murphy , Becker , Smi th, Argus NAYS: 1-Beauvais ABSENT: 2-Sayad, Brookman Motion declared carried. Moved by Smith, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-47-06, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total~ $2,527,447.45. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Sayad, Brookman Motion declared carried. Moved by Becker, seconded by Christiansen, to DEFER unt il April 3, 2006, further discussion held in Committ e e of the Whole regarding request for Variation to Secti o n 10- 1-11 of the Building Code Amendments to permi t removal of an existing asphalt driveway and parking pad and replace and widen with concrete material resulting in a 16' wide approach and a 22' wide x 25' long parking pad in the front yard of property located at 1461 Wedgewood Avenue. Motion declared carried. Moved by Christiansen, seconded by Murphy, to concur with recommendation of Committee of the Whole to remove the Driveway Variation requirement for property l ocated at 1771 Greenleaf Avenue. Motion declared carried. Moved by Christiansen, seconded by Becker, to concur with recommendation of Committee of the Whole to DENY request for after-the-fact Patio Variation and petitioner must remove the paving done but not permitted on the original permit. Motion declared carried. Moved by Christiansen, seconded by Becker, to concur with recommendation of Committee of the Whole to DENY request , re Zoning Case 05-38-V, to permit an attached "carport" to remain as it, which is a second accessory garage where only one (1) is allowable, on property located at 1912 Riverview Avenue in R-1 Single Family Residential District. Motion declared carried. SINGLE BID/ PARKING GARAGES JANITORIAL MAINTENANCE: MINUTES/ FEBRUARY 9, 2006: REDEV. PLAN- PROJECT PUB. HEARING TIF #4: Ordinance M-11-06 ADJOURNMENT: APPROVED PAGE TEN 279 3/20/06 Moved by Murphy, seconded by Becker, that City Clerk be authorized to open single bid received on March 6, 2006, for Parking Garages Janitorial Maintenance (L i brary and Metropolitan Parking Garages). Motion declared carrie d . City Clerk McAllister announced that the single b i d was received from Majesty Maintenance, Inc., 390 E. Irving Park Road, Wood Dale, IL 60191, for the Year One amount of $37,800, Year Two amount of $37,800 and Year Three amount of $37,800. Mayor Arredia referred the single bid to Staff for review and report. Moved by Becker, seconded by Argus , that in Alderman Sayad' s absence, Alderman Becker asked "leave of the body" for Alderman Sayad to change his vote from ye s to no on approval of minutes of the Special meeting of t he City Council held February 9, 2006 and approved by the City Council on March 6, 2006. Motion declared carried. Alderman Smith voted no. Moved by Becker, seconded by Christiansen, to concur with recommendation of Committee of the Whole to propose approving a Redevelopment Plan and Project for the designated Five Corners Project Area (River Road-Rand Road-Golf Road) ; propose approval for the adoption o f t a x increment allocation financing for the proposed TIF District #4; convene a Joint Review Board for t he proposed TIF District #4 on Monday, April 17, 2006 at 2:00 p.m. and hold a Public Hearing for the proposed TIF District #4 on Monday, June 19, 2006 at 7:00 p.m.; and place on First Reading Ordinance M-11-06, AN ORDINANCE PROPOSING APPROVAL OF A REDEVELOPMENT PLAN AND PROJECT FOR AND THE DESIGNATION OF THE FIVE CORNERS PROJECT AREA AND THE ADOPTION OF TAX INCREMENT ALLOCATION FINANCI NG THEREFOR, CONVENING A JOINT REVIEW BOARD AND CALLING A PUBLIC HEARING IN CONNECTION THEREWITH. Motion declar e d carried. Alderman Beauvais voted no. Moved by Becker, seconded by Argus, that the regular meeting of the City Council adjourn. Motion declared carried. Meet~};~ onnaMCAiiiSt~ MMC -CITY CLERK IS \ 0 2006