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05-15-2006011 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, MAY 15, 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, May 15, 2006. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Murphy, Sayad, Becker, Smith, Argus. Alderman Murphy arrived at 6:02 p.m. Alderman Christiansen and Brookman were absent. Alderman Brookman 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, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Bleuher, Assistant to the City Manager Palm and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: CITIZEN PARTICIPA.: Moved by Beauvais, seconded by Argus, to go Executive Session to discuss acquisition of property. Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 3-Christiansen, Murphy, Brookman Motion declared carried. The City Council recessed at 6:03 p.m. The City Council reconvened at 7:00 p.m. into real Roll call indicated the following aldermen present: Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Reverend Gary Houdek, Golf Road Baptist Church, followed by the Pledge of Allegiance to the Flag. Mayor Arredia and Court Liaison Officer Bob Neil recognized students from Elk Grove and Maine West High Schools who created Public Service Announcements to promote various through the Technology Assisted (TAGS) program. safety issues Group Solutions Mayor Arredia and Des Plaines Art Guild Scholarship Committee member Willard Strassburger presented the 2006 Des Plaines Art Guild scholarships to high school students Michael Gardner, Jessica Hemauer and Isela Victor. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that The Daily Northwestern newspaper had an article about Aldermen calling in their votes by phone; Evanston is considering a change to their City Code to allow it. CITIZEN PART. (Cont'd.) ACQUISITION OF PROPERTY/ ELLINWOOD & PEARSON STREETS: ACQUISITION OF PROPERTY/ NEW POLICE STATION: CONSENT AGENDA: 012 5/15/06 PAGE TWO Mr. Tom Nagle, 603 S. River Road, addressed the City Council stating that when developers purchase property, they let it get run down; the houses on River Street look abandoned; the landscaping is overgrown. Mr. Tom Vana, 942 Hollywood Avenue, addressed the City Council stating that the City looks better than it did 50 years ago; remember the citizens and businesses who have been removed by eminent domain; taking a wrecking ball to Miner Street or River Road is not the answer. Moved by Becker, seconded by Sayad, to concur with majority agreement in Executive Session that the City not acquire at this time the old Kinder property at 1545 Ellinwood Street and the property known as Tin Lizzie at 1549 Ellinwood Street. Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Becker, Argus, Arredia NAYS: 1-Smith PRESENT: 1-Brookman ABSTAIN: 1-Murphy (conflict of interest) ABSENT: 1-Christiansen Motion declared carried. Moved by Beauvais, seconded by Sayad, to concur with consensus in Executive Session that Staff be authorized to pursue the possible acquisition of property for a new Police Station as outlined in Executive Session; further and final action, if any, to be subsequently discussed and reported in open session at a later date. Upon roll call, the vote was: AYES: NAYS: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus 0-None ABSENT: 1-Christiansen Motion declared carried. Alderman Becker requested that Item 1 be removed from the Consent Agenda; Alderman Brookman requested that Item 2 be removed; Alderman Sayad requested that Item 3, 3a and 3b be removed; a resident requested that Item 7 and 7a be removed and Alderman Murphy requested that Item 13 be removed. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 1, 2, 3, 3a, 3b, 7, 7a, and 13. Motion declared carried. Moved by Beauvais, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-20-06, M-21-06 and M-22-06 were adopted; Ordinance Z-21-06 was placed on First Reading; and Resolutions R-76-06, R- 77-06, R-79-06, R-80-06, R-81-06 and R-82-06 were adopted. MINUTES: MINUTES/EXEC. SESSION 05/01/06: ZONING CASE 06-03-PUD/ 755 SEEGERS: FINAL PUD/ 1355 S. MT. PROSPECT ROAD: Consent Agenda Ordinance Z-21-06 MINER STREET BUS SHELTER AGREEMENT/ PACE: Consent Agenda Resolution R-76-06 013 5/15/06 PAGE THREE Moved by Becker, seconded by Murphy, to approve minutes of the regular meeting of the City Council held May 1, 2006, amended as follows: Page 7 under "FEASIBILITY STUDY FOR TIF DISTRICT /RIVIERA RESIDENTIAL PROJECT, 1050 OAKTON," Line Four after the semicolon to the end of the sentence, delete that language and add: "Mr. Mitchell said he would pay all costs and expenses for a Phase I Feasibility Study to be conducted by Kane, McKenna & Associates, Inc., including any legal and surveying fees which may be necessary. Alderman Becker further stated that it is the Community Development Committee's recommendation to approve the Phase I Feasibility Study being conducted at Mr. Mitchell and Faithful Works LLC/Riviera Retirement Resort's cost and expense."; and further amend the minutes as follows: Page 9 under "FEASIBILITY STUDY FOR TIF DISTRICT/RIVIERA RESIDENTIAL PROJECT I 1050 OAKTON, II Line Seven to Line Ten after the work "Resort," delete that language and add: "Feasibility Study for a possible TIF District at 1050 Oakton Street; all costs and expenses including any legal and surveying fees which may be necessary to be borne by Faithful Works LLC/Ri viera Retirement Resort." . Motion declared carried. Alderman Beauvais abstained. Moved by Brookman, seconded by Sayad, to POSTPONE adoption of minutes of the Executive Session of the City Council meeting held May 1, 2006 until June 5, 2006 and Alderman Sayad and Brookman to provide their amendments to these minutes. Motion declared carried. Moved by Beauvais, seconded by Becker, to POSTPONE until June 19, 2006, the matter of Zoning Case 06- 03-PUD, 755 Se~gers Road, and ordinances Z-15-06 and Z-16-06. Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 006-02-PUD, to grant request for approval of Final Planned Unit Development (PUD) , with conditions, consisting of a warehouse/office and distribution facility, on property located at 1355 Mt. Prospect Road (northeast corner of Mt. Prospect Road and Roxbury Lane) , in M-2 General Manufacturing District and further recommend to place on First Reading Ordinance Z-21-06, AN ORDINANCE GRANTING A REQUEST FOR FINAL APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AND PERMITTED PUD BULK EXCEPTIONS FOR 1355 MT. PROSPECT ROAD, DES PLAINES, ILLINOIS (CASE 06-02-PUD). Motion declared carried Agenda. as approved unanimously under Consent Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute "Passenger Shelter Agreement" with Suburban Bus Division of Regional Transportation Authority (PACE) to permit construction of a bus shelter on Miner Street at Lee Street at a cost of $13, 967, with reimbursement of $6, 000 by PACE, for a total cost to the City of $7,967/TIF #1 Funds; and further authorize Mayor and City Clerk to execute "License Agreement" with PACE BUS SHELTER (Cont'd.) CONTRACT EXTENSION/ WATER SYSTEM LEAK DETECTION: Consent Agenda Resolution R-77-06 DESIGN SERVICES, RIVER/PEARSON/ RIVER ST. SIGNAL INSTALLATION: Resolution R-78-06 014 5/15/06 PAGE FOUR for use of the bus shelter and surrounding City property for public transportation; and further recommend to adopt Resolution R-76-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A PASSENGER SHELTER AGREEMENT AND LICENSE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR A BUS SHELTER ON MINER STREET AT LEE STREET IN DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve one ( 1) -year extension of Water System Leak Detection Contract with Severn Trent Services, 20 N. Wacker Drive, Suite 1530, Chicago, IL 60606 (approved by the City Council on May 17, 2004) at a cost of $0.0197 per foot/$104 per mile (no increase)/Budgeted Water Funds; and further recommend to adopt Resolution R- 77-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT EXTENSION BETWEEN THE CITY OF DES PLAINES AND SEVERN TRENT ENVIRONMENTAL SERVICES, INC. FOR WATER LEAK DETECTION SURVEYS IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that the last study that addressed this site said a signal was to be determined; when was this signal added to the list? City Engineer Oakley stated that signal improvements were added to the redevelopment agreement and they were approved by the Illinois Department of Transportation as meeting the requirements for a traffic signal. Moved by Brookman, seconded by Murphy, to suspend the rules to permit public input. Motion declared carried. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he lives on Pearson; there is a lot of traffic on Pearson; the fire trucks go through there as a shortcut to River Road. Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Gewalt Hamilton Associates, Inc., 850 Forest Edge Drive, Vernon Hills, IL 60061, to perform Engineering Design Services for traffic signal installation at the River Road-Pearson Street-River Street intersection, in the amount not-to-exceed $29,650/TIF #1 Funds; Mayor and City Clerk be authorized to execute necessary documents; and further recommend to adopt Resolution R-78-06; A RESOLUTION AUTHORIZING THE EXECUTION OF A PROPOSAL WITH GEWALT HAMILTON ASSOCIATES, INC. FOR ENGINEERING DESIGN SERVICES FOR TRAFFIC SIGNAL INSTALLATION AT DES PLAINES RIVER ROAD AND PEARSON STREET IN THE CITY OF DES PLAINES. the vote was: Upon roll call, AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. CLASS 6(b} PROPERTY TAX EXEMPTION, WILLE ROAD: Consent Agenda Resolution R-79-06 AGREEMENT RENEWAL/ CROSSING GUARD PROGRAM: Consent Agenda Resolution R-80-06 FINAL PLAT/ THOMAS' THIRD SUBDIVISION/ 2247 EASTVIEW: Consent Agenda Resolution R-81-06 REDUCTION OF PUBLIC IMPROVEMENT SURETY/HANBURY & NORTHWEST HIGHWAY: Consent Agenda Resolution R-82-06 LIQ. LIC./ 686 LEE STREET: Consent Agenda 015 5/15/06 PAGE FIVE Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize City to support and consent to the granting of a Cook County Real Estate Classification 6(b) property tax exemption to AMB Property Corporation to assist with the construction of a cartage and freight facility on property located on the north side of Wille Road, PIN #08-25-200-010-0000; and further recommend to adopt Resolution R-79-06; A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER 08-25-200-010- 0 0 0 0, LOCATED ON WILLE ROAD IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute "Renewal Service Agreement" with Twin City Security, Inc., 228 Genesee, Suite 201, Waukegan, IL 60085 (approved by the City Council on January 17, 2005 -Resolution R-6-05), to provide 2006 Crossing Guard Program at 35 to 40 locations in the amount of $15.41 per hour/Budgeted Funds; and further recommend to adopt Resolution R- 80-06; A RESOLUTION AUTHORIZING THE EXECUTION OF A RENEWAL AGREEMENT BETWEEN TWIN CITY SECURITY, INC. AND THE CITY OF DES PLAINES FOR SCHOOL CROSSING GUARD SERVICES IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Thomas' Third Subdivision, 2247 Eastview Drive; and Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-81-06, A RESOLUTION APPROVING THE FINAL PLAT FOR THOMAS' THIRD SUBDIVISION LOCATED AT 2247 EASTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to grant request for Reduction of Public Improvement Surety for Concord Commons Townhouse Development, Hanbury Lane and Northwest Highway, from $354,647 to $90,421.50 for a 75% reduction; petitioner to submit an amended Letter of Credit in that amount; and further recommend to adopt Resolution R-82-06, A RESOLUTION APPROVING REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR CONCORD COMMONS TOWNHOUSE DEVELOPMENT HANBURY LANE ILLINOIS. AND NORTHWEST HIGHWAY, Motion declared carried unanimously under Consent Agenda. LOCATED AT DES PLAINES, as approved Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve Change of Ownership for Class A Tavern Liquors Dealers License for property located at 686 Lee Street, d/b/a Little Amsterdam Restaurant; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. METROPOLITAN SQUARE/ ADDITIONAL ELECTRICAL SERVICE: POLICE ANNUAL MEMBERSHIP/ NEMRT: Consent Agenda SIDEWALK SALE DAYS/CHAMBER OF COMMERCE: Consent Agenda PATIO VARIATION/ 1084 W. GRANT: Consent Agenda PATIO VARIATION/ 1679 LUNT: Consent Agenda AWARD BID/ SEWER CLEANING & TELEVISING: Consent Agenda Alderman Murphy electrical service out for bid. 016 5/15/06 PAGE SIX stated that the additional for Metropolitan Square should go Moved by Sayad, seconded by Brookman, that Staff verify that the installation of additional electrical service at Metropolitan Square Place was not part of the developer's original obligation, if it was not, Staff be authorized to obtain proposals and bring back to the City Council and not accept proposal from Trench-It, Inc., 18202 W. Union Road, Union, IL 60180, in the amount of $18, 338/TIF #1 Funds. Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize membership renewal with North East Multi-Regional Training, Inc., 355 Smoke Tree Plaza, North Aurora, IL 60542, for training of police officers, effective July 1, 2006 through July 1, 2007, in the amount of $10, 625/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to grant request from Des Plaines Chamber of Commerce and Industry to hold their Annual City-Wide Sidewalk Sales Days from Thursday, August 3 through Sunday, August 6, 2006; and parking restrictions be waived during these special days for the convenience of shoppers except for parking lot at Graceland and Prairie Avenue - ANNUAL REQUEST. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments to permit construction of a 23' deep x 35' wide patio in the rear yard of property located at 1084 W. Grant Drive (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments to permit construction of a 40' x 30' patio in the rear yard of property located at 1679 Lunt Avenue (Code prohibits patios from extending more than 15' from the building foundation). Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to award bid for Sewer Cleaning and Televising to the lowest bidder, National Power Rodding, 2500 W. Arthington Street, Chicago, IL 60612, in the amount of $1.81 per foot - 6" pipe, $1.81 per foot -8" pipe, $1.81 per foot - 10" pipe and $1.81 per foot 12" pipe/CIP Funds. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ WELLER CREEK BOX CULVERT CLEANING & TELEVISING: Consent Agenda AWARD BID/ 2006 STREET & UTILITY IMPROVEMENTS: Consent Agenda AWARD BID/ 2006 STREET IMPROVEMENTS/ CONTRACT 2: Consent Agenda APPOINTMENTS: Consent Agenda ORDINANCE M-20-06 PUBLIC PASS. VEHICLE STANDING- PARKING TIMES: Consent Agenda ORDINANCE M-21-06 ALLEYS/ REPAVING, RESURFACING & RECONSTRUCT. : Consent Agenda ORDINANCE M-22-06 ALLEYS/ REPAVING, RESURFACING & RECONSTRUCT.: Consent Agenda 017 5/15/06 PAGE SEVEN Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to award bid for Weller Creek Box Culvert Cleaning and Televising to the single bidder, Martam Construction, Inc., 1200 Gasket Drive, Elgin, IL 60120, in the total amount of $236,010/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to award bid for 2006 Street and Utility Improvements-MFT 06-00197-00-FP, to the lowest bidder, Martam Construction, Inc., 1200 Gasket Drive, Elgin, IL 60120, in the total amount $1,373,922/MFT Funds -$1,122,922, Water Fund $205,000 and Capital Projects SSA#8 $46,000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to award bid for 2006 Street Improvements Contract 2, to the lowest bidder, Chicagoland Paving Contractors, Inc., 225 Telser Road, Lake Zurich, IL 60047, in the total amount of $482,604.25/Capital Projects Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to approve change of expiration date for Mayoral appointment to the YOUTH COMMISSION of Eileen and Tim Finnander (approved by the City Council on May 1, 2006), from December 1, 2006 to December 1, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to adopt Ordinance M-20-06, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS I,, CHAPTER 12 I "PUBLIC PASSENGER VEHICLES I,, SECTION 10 I "PROHIBITED ACTS I,, OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to adopt Ordinance M-21-06, AN ORDINANCE AMENDING TITLE 8, "PUBLIC WAYS AND PROPERTY," CHAPTER 1, "STREETS AND SIDEWALKS," BY ADDING SECTION 12, "ALLEYS: REPAVING, RESURFACING AND RECONSTRUCTING, " OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to adopt Ordinance M-22-06, AN ORDINANCE AMENDING TITLE 13, "SUBDIVISION REGULATIONS," CHAPTER 3, "DESIGN IMPROVEMENTS I ,, SECTION 2 I "ADDITIONAL IMPROVEMENTS WITHIN CITY LIMITS, " OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. - ORDINANCE Z-21-06 FINAL PUD/ 1355 S. MT. PROSPECT ROAD: WARRANT REGISTER: PROPOSAL/FREE VEHICLE STICKERS FOR CITY VOLUNTEERS: 018 5/15/06 PAGE EIGHT Moved by Argus, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-21-06, AN ORDINANCE GRANTING A REQUEST FOR A FINAL APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AND PERMITTED PUD BULK EXCEPTIONS FOR 1355 PLAINES, ILLINOIS. (CASE call, the vote was: AYES: 7-Beauvais, Murphy, Brookman, Becker, NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. MT. PROSPECT 06-02-PUD). Sayad, Smith, Argus ROAD, DES Upon roll MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Smith, seconded by Murphy, to recommend to the City Council approval of the May 15, 2006 Warrant Register, in the total amount of $3,009,048.52; and further recommend that Resolution R-83-06 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad reviewed City Manager Dave Neimeyer's memo of May 4, 2006, regarding Alderman Sayad's idea to recognize volunteers; volunteers who work more than 10 hours per year would receive a $20.00 voucher for free food or soda at the Taste of Des Plaines in lieu of free vehicle stickers. Alderman Becker asked if this proposal included the Library volunteers; how many hours do Library volunteers work each week? Ms. Susan Weinberg, 394 Graceland Avenue, addressed the Committee of the Whole stating that she is a member of the Library Board; they have over 100 volunteers; the volunteers are recognized by the Library; some volunteers work as many as four hours a week. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he thought the purpose of volunteering was to feel good; he is opposed to this; people volunteer for the good of the community; we are losing tax revenue by giving money away. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council approval of a $20. 00 voucher for free food or soda at the Taste of Des Plaines for volunteers who work more than 10 hours per year and issue thank you letters in lieu of free vehicle stickers. Motion declared carried. PARKING REQUIREMENTS SURVEY FOR DOWNTOWN/ MULTI-FAMILY DEVELOPMENTS: 019 5/15/06 PAGE NINE COMMUNITY DEVELOPMENT -Alderman Becker, Chair Director of Community & Economic Development Bleuher reviewed his memo of May 5, 2006, regarding the review of other municipal downtown/multi-family parking requirements; Staff is recommending that the multi-family parking ratio be revised to require 1. 25 spaces per dwelling unit for studio or efficiency units, 1.5 spaces for one-bedroom units and 2.0 spaces per dwelling unit for 2 or more bedroom units. Mayor Arredia stated that there should be a parking space requirement per unit and a separate parking space requirement for guest spaces; condo associations should not let owners sell their parking spaces. Alderman Beauvais stated that the parking issue has gotten worse in the 13 years she has been an alderman; we have added parking to both sides of the streets in her Ward where there used to be parking on just one side and that is now full; development is good, but we must take care of the current residents. Mr. Norm Duncan, 603 S. River Road, addressed the Committee of the Whole stating that in his building there were seven extra parking spaces, which were assumed to be visitor spaces; these were sold by the developer; ample parking is a good selling point. Ms. Evelyn Nagle, 603 S. River Road, addressed the Committee of the Whole stating that she has been to many meetings and nothing ever happens; make the requirement two spaces per unit, then if someone wants to deed their extra space to someone else, so be it. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that there are now condos on Graceland where the old Library was and people used to park there for church; where are the people supposed to park. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that the Council could make a better decision when all the traffic/parking study information is received later this year; look at the traffic studies as well as the parking issue. Mr. Richard Grosse, 750 s. Pearson Street, addressed the Committee of the Whole stating that there are 178 units in his building and only 12 visitor spaces; make a motion and approve two parking spaces per unit tonight and 25% visitor spaces. Mr. Walter John, 750 Pearson Street, addressed the Committee of the Whole stating that he loses confidence when things are delayed; there should be two spaces per unit. PARKING (Cont'd.) 020 5/15/06 PAGE TEN Ms. Patty Kluth, 711 S. River Road, addressed the Committee of the Whole stating that we should hold developers accountable for providing parking on the grounds and not rely on street parking; make a decision tonight. A resident at 1702 Mill Street, addressed the Committee of the Whole stating that Mill Street is one block long and there are 200 condos on the street; the situation is difficult and has been a problem for 3 O years; vote on the parking issue tonight and amend it later if needed. Mr. Ronald Moore, the Committee of surprised that no proposed parking his building have 1480 Jefferson Street, addressed the Whole stating that he is developers are here to protest the change; 8 0 % of the new owners in at least two cars. Moved by Becker, seconded by Argus, to concur with Staff recommendation and recommend to the City Council approval of the multi-family parking ratio of 1.25 spaces per dwelling unit for studio or efficiency units, 1. 5 spaces for one-bedroom units and 2.0 spaces per dwelling unit for 2 or more bedroom units. Alderman Murphy stated that Staff should hold the parking/traffic study vendor accountable for the parking study that is not completed yet; she doesn't believe this should be passed without any documentation to back this up. Moved by Beauvais, seconded by Brookman, to adopt a substitute motion and recommend to the City Council that a parking requirement of 2.5 spaces per unit be adopted on a temporary basis. Moved by Sayad, seconded by Becker, to call for the question. Motion declared carried. Upon roll call on the substitute motion, the vote was: AYES: 3-Beauvais, Sayad, Brookman, NAYS: 4-Murphy, Becker, Smith, Argus ABSENT: 1-Christiansen MOTION DECLARED FAILED. Motion by Murphy to adopt a substitute motion and recommend to the City Council that a parking requirement of 2.0 spaces per unit be adopted. MOTION DIED FOR LACK OF A SECOND. Upon roll call on the original motion, the vote was: AYES: 3-Sayad, Becker, Argus NAYS: 4-Beauvais, Murphy, Brookman, Smith ABSENT: 1-Christiansen MOTION DECLARED FAILED. PARKING (Cont'd.) TIME EXTENSION/ CONDITIONAL USE, 1545 & 1549 ELLINWOOD STREET: 021 5/15/06 PAGE ELEVEN Moved by Beauvais, seconded by Sayad, to recommend to the City Council that a parking requirement of 2.0 spaces per unit and a 20% guest parking requirement be adopted. Upon roll call, the vote was: AYES: 3-Beauvais, Sayad, Brookman NAYS: 4-Murphy, Becker, Smith, Argus ABSENT: 1-Christiansen MOTION DECLARED FAILED. Motion by Beauvais to recommend to the City Council that a parking requirement of 2. O spaces per unit and a 10% guest parking requirement be adopted. MOTION DIED FOR LACK OF A SECOND. Moved by Becker, seconded by Argus, to concur with Staff recommendation and recommend to the City Council approval of the multi-family parking ratio of 1.25 spaces per dwelling unit for studio or efficiency units, 1. 5 spaces for one-bedroom units and 2.0 spaces per dwelling unit for 2 or more bedroom units on a temporary basis until the parking/traffic study is completed. Moved by Beauvais, seconded by Brookman, to adopt a substitute motion to recommend to the City Council that a parking requirement of 2.5 spaces per unit be adopted. Upon roll call, the vote was: AYES: 3-Beauvais, Sayad, Brookman NAYS: 4-Murphy, Becker, Smith, Argus ABSENT: 1-Christiansen MOTION DECLARED FAILED. Motion by Murphy to adopt a substitute motion and recommend to the City Council that a parking requirement of 2.0 spaces per unit be adopted. MOTION DIED FOR LACK OF A SECOND. Moved by Beauvais, seconded by Sayad, to adopt a substitute motion to recommend to the City Council that a parking requirement of 2. 25 spaces per unit be adopted. Upon roll call, the vote was: AYES: 3-Beauvais, Sayad, Brookman NAYS: 4-Murphy, Becker, Smith, Argus ABSENT: 1-Christiansen MOTION DECLARED FAILED. Moved by Beauvais, seconded by Murphy, to adopt a substitute motion to recommend to the City Council that a parking requirement of 2.0 spaces per dwelling unit be adopted for new developments and City Attorney be authorized to prepare necessary ordinance. Upon roll call, the vote was: AYES: 4-Beauvais, Murphy, Sayad, Brookman NAYS: 3-Becker, Smith, Argus ABSENT: 1-Christiansen Motion declared carried. City Manager Niemeyer reviewed Director of Community & Economic Development Bleuher's memo of May 5, 2006, regarding a six-month extension to a Conditional Use for a 3-lane drive-through facility for Des Plaines National Bank on properties located at 1545 & 1549 Ellinwood Street. 1545-1549 ELLINWOOD (Cont'd.) PARKING PAD VARIATION/ 433 WASHINGTON STREET: 022 5/15/06 PAGE TWELVE Attorney Bernard Citron, Schain, Burney, Ross & Citron, 222 N. LaSalle Street, Chicago, IL, representing the petitioner, addressed the Committee of the Whole and answered questions from the Aldermen; the Bank could not come to an agreement with the developer, Newport Builders, to combine their development and the bank's plans; it is not possible to rehab the Kinder Hardware and Tin Lizzie buildings. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he lives close to this site; we have granted other extensions; the bank has been through a lot of aggravation; give them the extension. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that the bank has been a good neighbor; Grazie's has been granted three extensions. Mr. Ronald Moore, 14 8 O Jeff er son Street, addressed the Committee of the Whole stating that the bank has supported the City; they have come here and are determined to do business with our City; they first bought the Des Plaines Theatre building and then it was considered a historic site. Mr. John Burke, 1351 Evergreen Avenue, addressed the Committee of the Whole stating that he is the President of the Historical Society Board; he commends the bank for trying to save the building. Mr. Jim Ulett, 445 Rose Avenue, addressed the Committee of the Whole stating that he is the Chair of the Economic Development Commission; the Commission has recommended that the bank be allowed to continue with their building plans. Moved by Beauvais, seconded by Argus, to concur with Staff recommendation and recommend to the City Council to grant request for time extension for Conditional Use for a 3-lane drive-through facility for Des Plaines National Bank as approved by the City Council on April 18, 2005 -Ordinance Z-6-05, for property located at 1545 & 1549 Ellinwood Street; time extension to be from April 18, 2006 through October 18, 2006; and further recommend that Resolution R-62-06 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 4-Beauvais, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSTAIN: 1-Murphy (conflict of interest) ABSENT: 1-Christiansen Motion declared carried. BUILDING CODE -Alderman Christiansen, Chair Director of Community & Economic Development Bleuher reviewed his memo of April 27, 2006, regarding request for a variation to widen the existing driveway from 12' to 18' and move the driveway to the edge of the east lot line on property located at 433 Washington Street; Staff recommends against granting the variation. 433 WASHINGTON (Cont'd.) VEHICLE SEIZURE & IMPOUNDMENT FOR VIOLATIONS: 023 5/15/06 PAGE THIRTEEN Petitioner Lorraine Townsend addressed the Committee of the Whole and answered questions from the aldermen. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that she should petition for a patio; the Council approved two patios tonight; she just wants a driveway. Moved by Sayad, seconded by Brookman, to recommend to the City Council to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit petitioner to widen driveway from 12' to 18' in width and move the driveway to the edge of the east lot line on property located at 433 Washington Street. Motion declared carried. Aldermen Becker and Smith voted no. PUBLIC SAFETY -Alderman Beauvais, Chair Police Chief Prandini reviewed his memo of May 5, 2006 regarding an ordinance for Vehicle Seizure and Impoundment for Violations and made a PowerPoint presentation. Alderman Brookman stated that she disagrees with the premise that this will deter criminal activity; there is too much subjective judgment allowed with this ordinance; there is no justification for this ordinance except to make money for the City; this is hostile to the residents. Alderman Sayad stated that this ordinance should not go into effect until the residents, high school and college students are informed; put an article in the Des Plaines Digest. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that some of these violations are discretionary charges; how will the City prevent law suits when a driver is found not guilty? Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council to approve proposed ordinance that allows for the seizure and impoundment of vehicles for specified violations and criminal activity effective October 1, 2006; and Ordinance M-23-06 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Brookman voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT REGISTER: Resolution R-83-06 FREE VEHICLE STICKERS FOR CITY VOLUNTEERS: PARKING REQUIREMENT FOR DOWNTOWN/ MULTI-FAMILY DEVELOPMENTS: TIME EXTENSION/ CONDITIONAL USE, 1545 & 1549 ELLINWOOD STREET: Resolution R-62-06 VEHICLE SEIZURE & IMPOUNDMENT FOR VIOLATIONS: Ordinance M-23-06 024 5/15/06 PAGE FOURTEEN Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-83-06, 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: $3,009,048.52. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Smith, to concur with recommendation of Committee of the Whole to approve a $20.00 voucher for free food or soda at the Taste of Des Plaines for volunteers who work more than 10 hours per year and issue thank you letters in lieu of free vehicle stickers. Motion declared carried. Moved by Murphy, seconded by Sayad, to concur with recommendation of Committee of the Whole that a parking requirement of 2.0 spaces per dwelling unit be adopted for new developments and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Beauvais, Murphy, Sayad, Brookman and Mayor Arredia voted yes. Aldermen Becker, Smith and Argus voted no. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole to grant request for time extension for Conditional Use for a 3-lane drive-through facility for Des Plaines National Bank as approved by the City Council on April 18, 2005 Ordinance Z-6-05, for property located at 1545 & 1549 Ellinwood Street; time extension to be from April 18, 2006 through October 18, 2006; and further recommend to adopt Resolution R-62-06, A RESOLUTION GRANTING AN EXTENSION OF SIX MONTHS FOR THE CONDITIONAL USE FOR A THREE LANE DRIVE THROUGH FACILITY GRANTED BY ORDINANCE Z-6-06 FOR THE PROPERTY COMMONLY KNOWN AS 1545 & 1549 ELLINWOOD STREET, DES PLAINES (Case #05-08-CU) Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Becker, Argus, Arredia NAYS: 2-Brookman, Smith ABSTAIN: 1-Murphy (conflict of interest ABSENT: 1-Christiansen Motion declared carried. Moved by Beauvais, seconded by Becker, to concur with recommendation of Committee of the Whole to approve an ordinance that allows for the seizure and impoundment of vehicles for specified driving violations and criminal activity effective October 1, 2006; and further recommend to place on First Reading Ordinance M-23-06, AN ORDINANCE AMENDING TITLE 7 I "MOTOR VEHICLES AND TRAFFIC I" OF THE DES PLAINES CITY CODE BY ADDING CHAPTER 11, "VEHICLE SEIZURE AND IMPOUNDMENT FOR VIOLATIONS." Motion declared carried. Alderman Brookman voted no. PARKING PAD VARIATION/ 433 WASHINGTON STREET: ADJOURNMENT: 025 5/15/06 PAGE FIFTEEN Moved by Murphy, seconded by Sayad, to concur with recommendation of Committee of the Whole to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit petitioner to widen driveway from 12' to 18' in width and move the driveway to the edge of the east lot line on property located at 433 Washington Street. Motion declared carried. Aldermen Becker and Smith voted no. Moved by Sayad, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjou ed at 11:42 p.m. APPROVED BY ME THIS DAY OF An tho OR