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07-17-2006055 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 17, 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, July 17, 2006. ROLL CALL: Roll call indicated the following aldermen present: Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais, Christiansen and Brookman were absent. Alderman Beauvais arrived in Exe cu ti ve Session at 6: 05 p. m. Alderman Christiansen arrived in Executive Session at 6:07 p.m. Alderman Brookman arrived in Executive Session at 6:11 p.m. Also present were: City Manager Niemeyer, Interim Director of Finance Simpson, Police Chief Prandini, Deputy Fire Chief Zern, Deputy Director of Engineering Duddles, Director of Public Works Dusckett, Deputy Director of Community & Economic Development Bleuher, Deputy Director of Community & Economic Development Spiel, Deputy Director of Community & Economic Development Angell, Assistant City Manager/Director of Human Resources Baj or, Assistant to the City Manager Palm, Intern Jessica French and Assistant City Attorney Bartel. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: Moved by Murphy, seconded by Smith, to go into Executive Session to discuss biannual review of Executive Session minutes, potential litigation and personnel. Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 3-Beauvais, Christiansen, 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, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Dr. Daryl Merrill, Jr., Christian Life Church, followed by the Pledge of Allegiance to the Flag. Mayor Arredia recognized Mark Enenbach of DePaul University-Des Plaines Campus and his Local Government Class. Mayor Arredia recognized the winners of the Mayor's Cup Baseball Tournament and the adult leaders: Des Plaines Baseball -President Bob Kuhn Central Little League -President Bob Benson Devon Higgins Little League -President Eileen Podger Waycinden Area Baseball -President Brian Jarosz Winners: 7/8 year old, Des Plaines White Sox, Manager Kevin Atwood 9/10 year old, Des Plaines Rockies, Manager Paul Cathey 11/12 year old, Central White Sox, Manager Randy Ross 15/18 year old, Waycinden Diamondbacks. ANNOUNCEMENT: CITIZEN PARTICIPA. : BIANNUAL REVIEW/ EXEC. SESS. MINUTES: 056 7/17/06 PAGE TWO Alderman Becker announced that there will be a Blood/Bone Marrow Drive on Saturday, August 5, 2006, from 8:30 a.m. to 2:30 p.m., at Our Lady of Hope Church, Schwab Center, 9711 W. Devon Avenue, Rosemont, for Ken Piest, a long- time resident of Des Plaines, who has AML Leukemia. Ken's sister, Carrie, also addressed the City Council asking for their support. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that all trailer parking should be banned from driveways; it lowers property values; the ban should also apply to large RV vehicles and commercial vehicles with "B" plates; they are not attractive. Phil, who lives at 446 W. Touhy Avenue, Lot #393, addressed the City Council stating that nothing has been done about his complaints about the Dunkin Donuts on Elmhurst Road i.e. re-striping of the parking lot including the handicapped spaces; trimming of the trees in the parkway; they are dangerous. Staff stated that the trees are the responsibility of IDOT; the management group has called IDOT. Phil also stated that people are still speeding down Dulles Road; and what is happening with the Des Plaines Theater? Mayor Arredia stated that Phil would have to contact the owner of the theater; the City is not involved. Mr. Eugene Cohn, managing partner of Maine Scrap Metal LLC, 1274 Rand Road, addressed the City Council stating that he has been assured by the City that they want me to stay in Des Plaines; the City would like to relocate me to the southwest quadrant; what are my options?; what is the time frame?; we still want to remain in our present location; he presented the City Clerk with additional petitions he has gathered. Mr. Pat Mauro, Mauro Sewer Construction, 1251 Redeker Road, addressed the City Council asking that a question regarding TIF #4 be placed on the ballot in November; he asked that no action be taken until that referendum is on the ballot; there is no reason to act quickly on this issue; we need a City-wide referendum. Ms. Marge Mayville, 2049 Eastview Drive, addressed the City Council stating that she has lived here since 1977; we have had a boat trailer on our driveway since 1983; no one has ever complained about it; this should be handled on a case by case basis. Mr. Michael Christie, representing the Science & Arts Academy, addressed the City Council stating that there will be a ground breaking ceremony for their new school building at 1865 Miner Street on Wednesday, August 2, 2006 at 9:30 a.m.; everyone is welcome. Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council asking if the City has received Kane, McKenna's response to the attorney hired by some of the people opposed to the Five Corners TIF. City Manager Niemeyer stated that the City just received the report and will be releasing it soon. Moved by Murphy, seconded by Sayad, to concur with consensus in Executive Session that the following Executive Session minutes or portions thereof, no longer require confidential treatment and are available for public inspection as recommended by City Attorney Wiltse in his memo of July 6, 2006: October 5, 1998 -Pending/Potential Litigation December 18, 2000 February 5, 2001 841 Graceland Avenue (Library) -Pending Litigation Riverview Ave. Sewer Project -Collective Bargaining General Wage Increase and Retiree Health Savings MINUTES (Cont'd.) PATIO VARIATION/ 672 MEADOW CT.: ZONING CASE 05-85-CU-LSA CONDIT. USE/ 2200-2400 DEVON AVE.: CONSENT AGENDA: MINUTES/ 6/19/06 AND 6/28/06: May 2, 2001 August 6, 2001 September 4, 2001 November 19, 2001 December 17, 2001 January 7, 2002 February 19, 2002 April 15, 2002 September 3, 2002 PAGE THREE -Collective Bargaining Police-Fire-Public Works -Collective Bargaining Fire-Public Works -Collective Bargaining Police Union -Personnel 057 7/17/06 Police Supervisory Positions - Salary Adjustments and Public Works Supervisors - Salary Increase -Collective Bargaining Des Plaines Fire Command Off. Assoc. -Collective Bargaining Des Plaines Fire Command Off. Assoc. -Collective Bargaining MAP Chapter 282 (E-911) and Labor Relations Update -Collective Bargaining Fire Command Off. Association and AFSCME Local 3891 -Collective Bargaining AFSCME Local 3891 September 16, 2002 -Collective Bargaining Fire Command Off. Association October 7, 2002 -Collective Bargaining Fire Command Off. Association It was also the consensus of the aldermen that the need for confidentiality still exists as to all or part of the remaining minutes. Motion declared carried. Moved by Christiansen, seconded by Murphy, to move Item 18, under the Consent Agenda, re Patio Variation for 672 Meadow Court, to the Committee of the Whole under the Building Code Committee. Motion declared carried. Moved by Becker, seconded by Christiansen, to move Item 3, under Committee of the Whole, re Zoning Case 05-85-CU- LSA, 2200-2400 Devon Avenue, to become Item 22 under the Consent Agenda. Motion declared carried. City Clerk McAllister requested that Items 1 and 3 be removed from the Consent Agenda; Alderman Murphy, requested that Items 5, Sa, 13 and 13a be removed; Alderman Becker requested Items 9 and 9a be removed, and Alderman Beauvais requested that Item 14 be removed. Moved by Murphy, seconded by Argus, to establish a Consent Agenda except for Items 1, 3, 5, 5a, 9, 9a, 13, 13a and 14. Motion declared carried. Moved by Brookman, seconded by Smith, 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 Staff recommendations and requests were approved; Ordinance M-27-06 was adopted; Ordinances M-28-06, M-30- 06, M-31-06 and Z-24-06 were placed on First Reading; and Resolutions R-99-06 and R-101-06 were adopted. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that there were some inaccuracies in the minutes of the regular meeting of the City Council held June 19, 2006, pertaining to his comments on Page Eight regarding TIF #6; he asked that they be corrected. Moved by Smith, seconded by Sayad, that City Clerk McAllister listen to the tape of the regular meeting of the City Council held June 19, 2006, pertaining to Mr. Brian Burkross' comments on Page Eight regarding TIF #6 and prepare an amendment to the minutes for approval on August 7, 2006 under Unfinished Business. Motion declared carried. ~'{ft MINUTES (Cont'd. ) MINUTES/ EXEC. SESS. 6/19/06: Consent Agenda AMENDMENT/ SOLICITATION ORDINANCE: Consent Agenda Ordinance M-28-06 AMENDMENT/ ECONOMIC DEVELOPMENT COMMISSION: Ordinance M-29-06 PAGE FOUR 058 7/17/06 Mr. Brian Burkross also said there were inaccuracies in the minutes of the minutes of the Special meeting of the City Council held June 28, 2006, pertaining to his comments on Page Three regarding the Comprehensive Plan; he asked that they be corrected. Moved by Smith, seconded by Sayad, that City Clerk McAllister listen to the tape of the Special meeting of the City Council held June 28, 2006, pertaining to Mr. Brian Burkross' comments on Page Three regarding the Comprehensive Plan and prepare an amendment to the minutes for approval on August 7, 2006 under Unfinished Business. Motion declared carried. Moved by Brookman, seconded by Smith, to approved minutes of the Executive Session of the City Council held June 19, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to concur with Staff recommendation to amend Title 4, Chapter 8, Article D -"Solicitors," Sub-Section 4-8D-1 B. of the City Code to conform with current State law that solicitation registration requirements apply only to commercial solicitors and delete "political, charitable, religious and other noncommercial persons;" and amend Sub-Section 4-8D-4 B. -"Licenses and Identification Badges" that the identification badges be supplied by the solicitor's company instead of the City; and further recommend to place on First Reading Ordinance M-28-06, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 8, "PAWNBROKERS, SECONDHAND DEALERS, PEDDLERS AND SOLICITORS," ARTICLED, "SOLICITORS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Alderman Murphy asked that proposed Ordinance M-29-06 be amended to indicate that the Deputy Director of Community and Economic Development will be appointed by the Director of Community and Economic Development with the consent of the City Manager. Moved by Becker, seconded by Smith, to suspend the rules to permit public input on this matter. Motion declared carried. Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council questioning the word "etc." in the motion on the agenda; she doesn't want just anything added to this amendment. Alderman Murphy said don't worry, the word "etc." is not in the ordinance. Moved by Murphy, seconded by Becker, to concur with Staff recommendation to amend Title 2, Chapter 13 -"Economic Development Commission," Sub-Section 2-13-4 of the City Code to provide that the Commission's Executive Committee, if it lacks a quorum, may approve minutes of previous meetings, approve Facade Rehab Rebate applications, schedule special Commission meetings, etc.; amend Sub-Section 2-13-4 and Sub-Section 2-13-5 to indicate Deputy Director of Community and Economic Development instead of economic development director (housekeeping); and amend Sub-Section 2-13-5: A. to indicate that the Deputy Director of Community and Economic Development will be appointed by the Director of Community and Economic Development with the consent of the City Manager; and further recommend to place on First Reading Ordinance M-29-06, AN ORDINANCE AMENDING TITLE 2, "BOARDS AND COMMISSIONS," CHAPTER 13, "ECONOMIC DEVELOPMENT COMMISSION," OF THE DES PLAINES CITY CODE. Motion declared carried. COOK COUNTY CLASS 6b APPLICATION AND FEE: Consent Agenda Ordinance M-30-06 LIQUOR LICENSE UPDATE: Consent Agenda Ordinance M-31-06 ZONING CASE 06-38-A TEXT AMEND./ MIXED USE DEVELOPMENT: Consent Agenda Ordinance Z-24-06 CLASS 6b PROPERTY TAX EXEMPTION/ 300 TOUHY: Resolution R-98-06 CLASS 6b PROPERTY TAX EXEMPTION/ 1794 WINTHROP: Consent Agenda Resolution R-99-06 ERIC ELIAS FOUNDATION SK RUN-WALK/ VAR. STREETS: Consent Agenda Res. R-101-06 PAGE FIVE 059 7/17/06 Moved by Brookman, seconded by Smith, to concur with Staff recommendation to amend Title 3, Chapter 6 "Department of Community Development" of the City Code to create a new Sub-Section 3-6-2 A.9 to establish an application process for the receiving and processing of Cook County 6b Industrial Development Property Tax Abatement Incentive requests and that a non-refundable $750 application fee be imposed; and further recommend to place on First Reading Ordinance M-30-06, AN ORDINANCE AMENDING TITLE 3, "MUNICIPAL DEPARTMENTS," CHAPTER 6, "DEPARTMENT OF COMMUNITY DEVELOPMENT," SECTION 2, "DUTIES OF OFFICERS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as · approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to concur with Staff recommendation to amend Title 4, Chapter 4 "Intoxicating Liquors," Sub-Section 4-4-5 A. of the City Code to delete one ( 1) Class B -Bulk Sales Dealers Liquor License (XS Liquors, 570 Oakton Street, which had been tabled on June 5, 2006 under Ordinance M-14-06); delete two (2) Class E -Restaurant and Dining Room Liquor Licenses (Ching Hua, 1992 River Road and Peking China, 1078-84 Lee Street); delete one (1) Class H-1 - Beer and Wine Only Liquor License (Old Time Ribs, 833 Lee Street); and further recommend to place on First Reading Ordinance M-31-06, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5, "LICENSE FEES AND NUMBERS" OF THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 06-38-A, to authorize a Text Amendment to the Des Plaines Zoning Code to add a new Section 3.5A -"Mixed Use Developments" in C-3 General Commercial District; and further recommend to place on First Reading Ordinance Z- 24-06, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO ARTICLE 3, "DEVELOPMENT REVIEW PROCEDURES," TO ADD SECTION 3.SA, "MIXED USE DEVELOPMENTS" TO THE CITY OF DES PLAINES ZONING CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Beauvais, to POSTPONE until August 7, 2006, discussion on authorizing the City to support and consent to the granting of a Cook County Real Estate Classification 6b property tax exemption to International Airport Centers to assist with the renovations of property located at 300 E. Touhy Avenue, and the adoption of Resolution R-98-06. Motion declared carried. Moved by Brookman, seconded by Smith, to concur with Staff recommendation to authorize City to support and consent to the granting of a Cook County Real Estate Classification 6b property tax exemption to Sitex Realty Group to assist with the construction of new food distribution and warehouse space on property located at 1794 Winthrop Ori ve; and further recommend to adopt Resolution R-99-06, A RESOLUTION AUTHORIZING 6b CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER #09-30-101-027-0000, LOCATED AT 1794 WINTHROP DRIVE IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to concur with Staff recommendation to grant request from Eric Elias Foundation to hold their Fourth Annual SK Run-Walk on Saturday, October 7, 2006, from 8:00 a.m. to 11:00 a.m., on various streets near Orchard Place School to raise money to assist families affected by Muscular Dystrophy, contingent upon execution of a Hold Harmless Agreement and insurance certificate (Eric Elias passed away in 19~ R-101-06 (Cont'd. ) ADDITIONAL CONSULTING SERVICES/ COMPREHENSIVE PLAN: Resolution R-102-06 FUNDING/ SOCIAL SVS. AGENCIES- ORGANIZA.: Resolution R-103-06 MINER STREET BUS SHELTER PRICE INCREASE: Consent Agenda PURCHASE OF EMERGENCY LIGHT-SIREN PACKAGES: Consent Agenda PAGE SIX 060 7/17/06 from Duchenne Muscular Dystrophy and attended Orchard Place School); and further recommend to adopt Resolution R-101-06, A RESOLUTION ACKNOWLEDGING ERIC ELIAS FOUNDATION'S SK RUN-WALK TO BE HELD ON OCTOBER 7, 2006 AND AUTHORIZING THE CLOSING OF STREETS FOR THE SK RUN- WALK. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Christiansen, to POSTPONE until August 7, 2006, discussion on authorizing Mayor and City Clerk to execute "Agreement for Planning Servicesn with HNTB Corporation, 111 N. Canal Street, Suite 1250, Chicago, IL 60 60 6, for additional services (original agreement approved by the City Council on April 18, 2005 -Resolution R-66-0S, in the amount of $10S,071), for revision of the City's 199S Comprehensive Plan; for the additional not-to-exceed amount of $2S,000/CD Funds, and adoption of Resolution R-102-06. Motion declared carried. Alderman Beauvais requested that funding for the Social Service Agencies/Organizations be approved by resolution. City Clerk McAllister assigned Resolution R-103-06 for this funding. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve funding for Social Service Agencies/Organizations as follows: Avenues to Independence $ 2,000 The Center of Concern 5,000 Children's Advocacy Center 2,000 Des Plaines Senior Center 4,500 The Harbour, Inc. 4,000 Journey from P.A.D.S. to HOPE 5,000 Maine Center, Inc. 3,500 North Shore Senior Center 6,000 Northwest Center Against Sexual Assault 3,000 Northwest Suburban Day Care Center 8,500 Rainbow Hospice 3,000 The Salvation Army (Community Counseling) 5,000 Self-Help Closet & Pantry of D.P. 9,000 Shelter, Inc. 2,500 Suburban Primary Health Care Council 1,500 The Volunteer Center of N.W. Sub. Chic. 500 $65,000; and further recommend to adopt Resolution R-103-04, A RESOLUTION AUTHORIZING THE DISBURSEMENT OF $65, 000 IN BUDGETED FUNDS TO SIXTEEN SOCIAL SERVICE AGENCIES. 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. * Alderman Christiansen abstained from voting on funding for The Center of Concern ** Alderman Smith abstained from voting on funding for the Des Plaines Senior Center Moved by Brookman, seconded by Smith, to concur with Staff recommendation to accept price increase from Brasco International, Inc. for construction of bus shelter on Miner Street at Lee Street (approved by the City Council on May 15, 2006 -Resolution R-76-06), from $13,967 to $15,084/TIF #1 Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to concur with Staff recommendation to accept proposal from M.P.C. Communications & Lighting, Inc., 1910 Willow Road, Northbrook, IL 60062, for purchase and installation of emergency light-siren packages and the installation of radios (supplied by Fire Department) in four (4) 2006 Ford Explorers, in the total amount of $15,552.60/ LIGHT-SIREN (Cont'd.) BID AWARD/ STREET LANE MARKING: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-27-06 PREVAILING WAGE RATES: Consent Agenda ZONING CASE 05-85-CU-LSA CONDIT. USE/ 2200-2400 DEVON AVE.: Ordinance Z-26-06 WARRANT REGISTER: PAGE SEVEN 061 7/17/06 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 Brookman, seconded by Smith, to concur with Staff recommendation to accept lowest bid through the Northwest Municipal Conference from Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, IL 60160, for Street Lane Marking in the amount of 4" line - $0.35/linear ft., 6" line -$0.57/linear ft., 12" line - $1.10/linear ft., 24" line -$2.25/linear ft., letters and symbols -$2.50 sq. ft., and marking removal -$0.70 sq. ft., for a total cost not-to-exceed $20,000/MFT Funds -Section 06-00000-02-GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Supply and Deli very of Sodium Chloride Salt, returnable by 3:00 p.m., Wednesday, August 16, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Furnishing and Installing Parking Fare Collection System Equipment, returnable by 3: 00 p.m., Wednesday, August 16, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to adopt Ordinance M-27-06, AN ORDINANCE PURSUANT TO 820 ILCS 130/1,ET SEQ. (2004) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Christiansen, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 05-85-CU-LSA, to approve amendment to Conditional Use granted by the City Council on January 3, 2006 under Ordinance Z-2-06, to permit the electronic message board sign along I-294 to change messages at two ( 2) second intervals and the electronic message board sign along Devon Avenue to change messages at four (4) second intervals, for petitioner located at 2200-2400 Devon Avenue; and further recommend to place on First Reading Ordinance Z-26-06, AN ORDINANCE AMENDING Z-2-06 PERMITTING TWO NEW SIGNS IN ACCORDANCE WITH SECTION 11.8 OF THE ZONING CODE AT 2200-2400 DEVON AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Brookman, Becker, Smith, Argus NAYS: 2-Beauvais, Sayad ABSENT: 0-None Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Smith, seconded by Christiansen, to recommend to the City Council approval of the July 17, 2006 - Warrant Register, in the total amount of $4,577,336.37, and further recommend that Resolution R-97-06 be adopted at appropriate time this evening. Motion declared carried. SPECIAL CENSUS/ COST-BENEFIT SUMMARY: GRANT APPROPRIATION SOUND WALL & FLOOD CONTROL PROJECT: PAGE EIGHT 062 7/17/06 Alderman Sayad stated that the City has received a cost estimate from the U.S. Census Bureau for conducting a partial special census in Des Plaines, which involves the counting of residents in specific areas of the City where significant growth has been identified; estimated cost for the partial special census would total $168,606. Management Intern French gave a detailed PowerPoint presentation detailing the potential costs and benefits of conducting a special census, as well as the research methodology and justifications for Staff's recommendations; conducting a partial special census in the areas targeted for growth could result in an estimated net gain between $400, 000 and $750, 000 in revenue sharing from the State of Illinois between mid- 2007 and mid-2011 when the revenue from the 2010 full Census would become available. Management Intern French stated that a Staff coordinator would have to be assigned to this project who would be expected to devote 20 hours per week during the approximately 16-week period of planning and counting; it would take an average of 8-12 months to complete a special census from application to official count results; if the process of planning for and conducting a special census were to begin in August 2006, it is possible that counting could be completed by the end of January 2007. Management Intern French stated that the Official Census Bureau population court results would be sent to the City and the State of Illinois; the State of Illinois would then notify the agencies responsible for the monthly shared revenue distribution, i.e. income tax, motor fuel tax and state income tax. Moved by Murphy, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Memorandum of Understanding" with U.S. Department of Commerce, Bureau of the Census, to conduct a Special Census in the City of Des Plaines for a cost of $107,645 (an additional amount of $60,961 will be needed at a later date for local costs); and Resolution R-104-06 be adopted at appropriate time this evening. Motion declared carried. ENGINEERING -Alderman Argus, Chair Assistant Director of Engineering Duddles reviewed Director of Engineering Oakley's memo of July 3, 2006, regarding the $1 million grant we received from the Illinois Department of Commerce and Economic Opportunity (DCEO) for sound wall and flood control projects; the cost designation between sound wall and flood control projects is entirely at the City's discretion; this grant was found through the assistance of City's lobbyist, All- Circo. Assistant Director Duddles stated that Staff is recommending the grant money be used for sound wall construction along the east side of the Canadian National railroad tracks between Oakton Street and Howard Avenue in the amount of $500,000, and combined sewer separation along Eaker Place, Cora Street and Illinois Street in the amount of $500,000. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council that the $1 million grant received from the Illinois Department of Commerce and Economic Opportunity (DCEO) be appropriated for the construction of a sound wall along the east side of the Canadian National railroa~ GRANT APPROP. (Con't.d) PATIO VARIATION/ 672 MEADOW CT.: WARRANT REGISTER: Resolution R-97-06 SPECIAL CENSUS: Resolution R-104-06 PAGE NINE 063 7/17/06 tracks between Oakton Street and Howard Avenue, in the amount of $500,000, and the combined sewer separation along Eaker Place, Cora Street and Illinois Street, in the amount of $500,000. Motion declared carried. BUILDING CODE -Alderman Christiansen, Chair Deputy Director of Community & Economic Development Spiel reviewed his memo of July 6, 2006, in which Staff is recommending denial of request for a Patio Variation for property located at 672 Meadow Court, to permit existing second patio, 9' x 15' and 77' from building foundation, built without a permit, in the rear yard of property located at 672 Meadow Court; and require that existing second patio be removed. Petitioners Nick and Rosanna Bottis addressed the Committee of the Whole stating that they are aware that permits are required, but they were told by a City Staff member that they did not need one for this patio; they are all for following the rules; they are requesting that this variation be granted. Deputy Director Spiel stated that with this second patio, they would exceed the permitted lot coverage. Mr. Bottis disputed this. Moved by Becker, seconded by Brookman, to recommend to the City Council that request for Patio Variation for property located at 672 Meadow Court be referred back to Staff for further review, i.e. verify lot coverage. Moved by Beauvais, seconded by Sayad, to adopt a substitute motion to recommend to the City Council to grant request for Variation to Section 5-5-0 of the Building Code Amendments to permit existing second patio, 9' x 15' and 77' from building foundation, built without a permit, in the rear yard of property located at 672 Meadow Court. MOTION DECLARED FAILED (Aldermen Beauvais and Sayad voted yes; Aldermen Christiansen, Murphy, Brookman, Becker, Smith, Argus voted no). Motion declared carried on the original motion. Alderman Beauvais voted no. 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-97-06, 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: $4,577,336.37. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole that Mayor and City Clerk be authorized to execute "Memorandum of Understanding" with U.S. Department of Commerce, Bureau of the Census, to conduct a Special Census in the City of Des Plaines for a cost of $107, 645 (an additional amount of $60,961 will be needed at a later date for local costs); and further recommend to adopt Resoluti~ CENSUS (Cont'd.) GRANT APPROPRIATION SOUND WALL & FLOOD CONTROL PROJECT: PATIO VARIATION/ 672 MEADOW CT.: EXECUTIVE SESSION: ADJOURNMENT: PAGE TEN 064 7/17/06 R-104-06, A RESOLUTION AUTHORIZING A TARGETED SPECIAL CENSUS TO BE PERFORMED IN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Argus, seconded by Sayad, to concur with recommendation of Committee of the Whole that the $1 million grant received from the Illinois Department of Commerce and Economic Opportunity (DCEO) be appropriated for the construction of a sound wall along the east side of the Canadian National railroad tracks between Oakton Street and Howard Avenue, in the amount of $500,000, and the combined sewer separation along Eaker Place, Cora Street and Illinois Street, in the amount of $500,000. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Becker, to concur with recommendation of Committee of the Whole that request for Patio Variation for property located at 672 Meadow Court be referred back to Staff for further review, i.e. verification of lot coverage. Motion declared carried. Alderman Beauvais voted no. Moved by Sayad, seconded by Brookman, to go into Executive Session to discuss personnel. Moved by Becker, seconded by Smith, to adopt a substitute motion to NOT go into Executive Session and this meeting be adjourned. Upon roll call the vote was: AYES: 3-Christiansen, Becker, Smith NAYS: 5-Beauvais, Murphy, Sayad, Brookman, Argus ABSENT: 0-None MOTION DECLARED FAILED. Upon roll call on the original motion, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Brookman, Argus Nays: 3-Christiansen, Becker, Smith ABSENT: 0-None Motion declared carried. The City Council recessed at 10:19 p.m. The City Council reconvened at 11:36 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Moved by Sayad, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meet~~ p.m. ~Jk Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS __._l _7:>~~~- DAY OF ~-' 2006 Anthony W. Arredia, MAYOR