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08-07-2006065 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, AUGUST 7, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 7, 2006. ROLL CALL: Roll call indicated the following aldermen present: Murphy, Sayad, Brookman, Becker, Smith, Argus. Aldermen Beauvais and Christiansen were absent. Alderman Christiansen arrived at 7:01 p.m. Also present were: Assistant City Manager/Director of Human Resources Bajor, Interim Director of Finance Raymond, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Assistant Director of Public Works Bernar, Deputy Director of Community & Economic Development Spiel, Deputy Director of Community & Economic Development Angell, Development Planner Gascoigne, Assistant to the City Manager Palm and City Attorney Wiltse. PRAYER AND PLEDGE: RECOGNITION: CITIZEN PARTICIPA.: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Mayor Arredia and Police Chief Prandini recognized the efforts of the following police officers who responded to the home invasion that took place on June 15, 2006 at 1793 Forest Avenue: Sergeant Larry Marks, Sergeant Chris Mierzwa, Detective Mike Heene, Detective Jeff Jacoby, Detective Malea Held, Officer Rob Fitzpatrick, Officer John Buena and Officer Elena Kobylanski. Mrs. Noreen Lake, 1538 Campbell Avenue, President of the Des Plaines Library Board of Trustees, addressed the City Council stating funeral arrangements for Susan Weinberg, a Library Board Trustee, who passed away yesterday, are being handled by Oehler Funeral Home in Arlington Heights, Illinois. 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; do not take any final action until the taxpayers have had an opportunity to vote on this matter because the TIF will have an impact on the taxes they have to pay; we are starting to collect petitions. Mr. Scott Olson, 285 Harding Avenue, addressed the City Council stating that he attended the National Night Out at Lake Opeka; we were passing petitions to place a referendum on the ballot in November regarding the proposed TIF #4; we were told to leave the park by Alderman Becker; we were not removed and we were able to proceed collecting signatures; that would not have been necessary if the City Council had placed a referendum on the ballot. Alderman Becker disputed Mr. Olson's comments; what Mr. Olson was telling people was incorrect; the City is not going to condemn people's property; this will be a developer-driven TIF. Alderman Brookman stated that free speech is a fundamental right under the Constitution; to stop free speech is wrong; this would have been a violation of their civil rights if they had been forced to leave Lake Opeka. p;t. CITIZEN PART. (Cont'd. ) CONSENT AGENDA: MINUTES/ 7/17/06: Consent Agenda PAGE TWO 066 B/7/06 Mrs. Barbara Van Slambrouck, 2B6 Stratford Road, addressed the City Council stating that she is concerned about the fencing around the demolition site at Ellinwood Street and Prairie Avenue; her mother who lives at the Heritage has to walk in the street. Deputy Director of Community & Economic Development Spiel will look into this matter. Mrs. Van Slambrouck stated that the attorney they hired regarding TIF #4 did ask for all the documents; they have all the documents for every single point. Mr. Paul Klein, 1B45 Linden Street, addressed the City Council stating that he is a member of Citizens for Legal Immigration; our police officers should be all be trained at the Law Enforcement Support Center to ensure immigration enforcement; it would cost approximately $53,560; people are being killed by illegal immigrants; he requested that our police take this training for the betterment of our community. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council thanking Alderman Becker for all his assistance at the National Night Out at Lake Opeka; he would like to clarify that he did not instruct the people to come with petitions as stated earlier in the meeting. Phil, who lives at 446 W. Touhy Avenue, Lot #393, addressed the City Council stating that the trees at the Dunkin Donuts on Elmhurst Road were removed by IDOT, but no striping can be done until they redo the parking lot; they are still speeding down Dulles Road; he approached the owner about giving senior prices, but the owner said never; he should treat people properly. Dan, who lives at 1211 Brown Street, addressed the City Council stating that he received a ticket for walking across the railroad tracks when he got off the train; two gals also were walking across and they did not get a ticket; he left nine (9) messages for the City Manager, but he never returned his calls; he was not even allowed to leave a voice message; why are AM commuters targeted? Alderman Sayad requested that Item 2 be removed from the Consent Agenda; Alderman Murphy requested that Items 6, 6a, 7, 7a, B, Ba, 11 and lla be removed; and Alderman Becker requested that Items 12, 12a and 13 and 13a be removed. Moved by Becker, seconded by Say ad, to establish a Consent Agenda except for Items 2, 6, 6a, 7, 7a, B, Ba, 11, lla, 12, 12a, 13 and 13a. Motion declared carried. Moved by Sayad, seconded by Christiansen, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Staff recommendations and requests were approved; Minutes were approved, Ordinances M-2B-06, M-29-06, M-30-06, M- 31-06 and Z-24-06 were adopted; Ordinances M-32-06, Z-27- 06 and Z-2B-06 were placed on First Reading; and Resolutions R-106-06, R-107-06, R-111-06, R-112-06, R- 113-06, R-114-06, R-115-06 were adopted. Moved by Sayad, seconded by Christiansen, to approve minutes of the regular meeting of the City Council held July 17, 2006, as published. Motion declared carried as approved unanimously under Consent Agenda. MINUTES/ EXEC. SESS. 7/17/06: AMENDMENT/ 2006 APPROPRIATION ORDINANCE: Consent Agenda Ordinance M-32-06 ZONING CASE 06-61-CU CONDIT. USE/ 1155 OAKTON: Consent Agenda Ordinance Z-27-06 TEXT AMEND./ DRY CLEANERS WITH CLEANING PLANTS: Consent Agenda Ordinance Z-28-06 CLASS 6(b) PROPERTY TAX EXEMPTION/ 300 E. TOUHY AVE.: Resolution R-98-06 PAGE THREE 06h 8/7/06 Moved by Sayad, seconded by Murphy, to POSTPONE until August 21, 2006, approval of minutes of the Executive Session of the City Council held July 17, 2006; Alderman Sayad is to submit his amendment to the minutes. Moti on declared carried. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to amend Ordinance M-95-05 (approved by the City Council on January 17, 2006) and amended under Ordinance M-10-06 (approved by the City Council on March 6, 2006), the City's 2006 Appropriation ordinances for the fiscal year beginning January 1, 2006 and ending December 31, 2006, to add $48, 000 to the Emergency Communications Fund for computer hardware and software which was approved but not provided for in the budget and appropriated; for a new total 2006 Appropriation amount of $117,347,509; and further recommend to place on First Reading Ordinance M-32-06, AN ORDINANCE AMENDING M-10-06 AND MAKING AND REVISING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "AMENDED ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 06-61-CU, to grant request for Conditional Use to permit an auto repair shop in C-3 General Commercial District on property located at 1155 Oakton Street; and further recommend to place on First Reading Ordinance Z-27-06, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW AN AUTO REPAIR SHOP BUSINESS AT 1155 OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to approve Text Amendment to Article 7, Section 7.3, Table 7.3-1 -"Commercial District Use Matrix" of the Zoning Code to add "Dry Cleaners (Plants on Premises)" as a permitted use in C-3 General Commercial District; amend Article XIII, Section 13.1 - "Definitions" to add "Dry Cleaners (Plants on Premises )"; and further recommend to place on First Reading Ordinance Z-28-06, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.3-1, "COMMERCIAL DISTRICT USE MATRIX," TO ADD "DRY CLEANERS W/PLANTS ON PREMISES" IN THE C-3 GENERAL COMMERCIAL DISTRICT ONLY AND ADD THE DEFINITION OF "DRY CLEANERS (PLANTS ON PREMISES)" TO ARTICLE 13.3 TO THE CITY OF DES PLAINES ZONING CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Christiansen, to concur with Staff recommendation that City be authorized to support and consent to the granting of a Cook County Real Estate Classification 6(b) property tax exemption to International Airport Centers to assist with the renovations on property located at 300 E. Touhy Avenue; and further recommend to adopt Resolution R-98-06, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER #09-30-300-025-0000, LOCATED AT 300 EAST TOUHY AVENUE IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. City Clerk McAllister began the roll call at which point Alderman Brookman asked to be recognized for discussion. Alderman Sayad called for a "point of order," stating that the roll call had already begun. City Attorney Wiltse ruled that the "point of order" was well taken and the roll call should continue. R-98-06 (Cont'd. ) CLASS 6(b) PROPERTY TAX EXEMPTION/ 30 E. OAK.TON: Resolution R-100-06 CLASS 6b PROPERTY TAX EXEMPTION/ 1550 BIRCHWOOD: Resolution R-105-06 PAGE FOUR The final roll call was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Beauvais Motion declared carried. 068 8/7/06 Moved by Murphy, seconded by Becker, to concur with Staff recommendation that proposed Resolution R-100-06 be amended to reflect New World Property, LLC as the new owner of the property located at 30 E. Oakton Street, and add after the sixth paragraph: "WHEREAS, the City has determined that the property located at 30 East Oakton Street became vacant in September 2004 but because of the special circumstances of such building being very large and an important contributor to the tax base that a property tax incentive is appropriate even though the period of abandonment is less than 24 months; and".· Motion declared carried (Alderman Brookman abstained - conflict of interest). Moved by Murphy, seconded by Christiansen, to concur with Staff recommendation that City be authorized to support and consent to the-granting of a Cook County Real Estate Classification 6(b) property tax exemption to New World Property, LLC, to assist with their expansion of its cooking oil and bio-diesel operations on property located at 30 E. Oakton Street; and further recommend to adopt Resolution R-100-06 AS AMENDED, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER #09-19-301-027- 0000, LOCATED AT 30 EAST OAKTON STREET IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais ABSTAIN:l-Brookman (conflict of interest) Motion declared carried. Moved by Murphy, seconded by Becker, to concur with Staff recommendation that proposed Resolution R-105-06, regarding 1550 Birchwood Avenue, be amended to add after the sixth paragraph: "WHEREAS, the City has determined that the property located at 1550 Birchwood Avenue became vacant in September 2004 but because of the special circumstances of such building being very large and an important contributor to the tax base that a property tax incentive is appropriate even though the period of abandonment is less than 24 months; and". Motion declared carried. Moved by Murphy, seconded by Becker, to concur with Staff recommendation that City be authorized to support and consent to the granting of a Cook County Real Estate Classification 6 (b) property tax exemption to P.G.M. Sales, Inc. to assist in reoccupying building on property located at 1550 Birchwood Avenue; and further recommend to adopt Resolution R-105-06 -AS AMENDED, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER #09-29-402-035- 0000, LOCATED AT 1550 BIRCHWOOD AVENUE IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. PUBLIC IMPROVEMENTS/ 2122 ELMIRA: Consent Agenda Resolution R-106-06 FINAL PLAT/ DELGADO'S TENTH SUBDIV. 622 BIRCHWOOD: Consent Agenda Resolution R-107-06 TIME EXTEN./ PUD & MAP AMENDMENT 254 N. LAUREL AVE . : Resolution R-108-06 CONTRACT/ CRUNCH, INC. DEMOLITION 2250 BALLARD: Resolution R-109-06 PAGE FIVE 069 8/7/06 Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to accept Public Improvements for Delgado's Ninth Subdivision, 2122 Elmira Avenue, that include a storm sewer and public sidewalk; authorize release of surety in the amount of $11,531 (cash warranty of $1,281 will be held for 18 months); and further recommend to adopt Resolution R-106-06, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR THE DELGADO'S NINTH SUBDIVISION AT 2122 ELMIRA AVENUE, DES PLAINES ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Delgado's Tenth Subdivision, 622 Birchwood Avenue; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-107-06, A RESOLUTION APPROVING THE FINAL PLAT FOR DELGADO'S TENTH SUBDIVISION LOCATED AT 622 BIRCHWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to suspend the rules to permit public input on this matter. Motion declared carried. Mr. Patrick Brankin, Schain, Burney, Ross & Citron, Ltd., 222 N. LaSalle Street, Suite 1910, Chicago, IL 60601, attorney for Remington Home, the developer for Remington Place Development, 254 Laurel Avenue, addressed the City Council and answered questions from the aldermen; he stated that Do All Industrial Supply Corporation is in the process of vacating the property. Alderman Murphy asked what was the anticipated closing date. Mr. Brankin said that there are several issues that have to be resolved, i.e. regulatory letters; once they get these letters, it will trigger the closing. Alderman Murphy asked if there was even an estimated date. Mr. Brankin said it is difficult because it is with other regulatory agencies. Alderman Murphy asked if these letters were sent to Staff. Mr. Brankin said he would be happy to do that. Moved by Murphy, seconded by Becker, to concur with Staff recommendation to grant request for second extension of time for submittal of Final Plat for a Preliminary Planned Unit Development ( PUD) and Map Amendment (approved by the City Council on August 1, 2005 -Ordinance Z-19- 05, and extended through May 27, 2006 by Resolution R-5- 06 on January 17, 2006), for property located at 254 N. Laurel Avenue; extension to be effective from August 5, 2006 through August 6, 2007; and further recommend to adopt Resolution R-108-06, A RESOLUTION GRANTING AN EXTENSION OF TWELVE MONTHS FOR THE CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT GRANTED BY ORDINANCE Z-19-05 FOR THE PROPERTY COMMONLY KNOWN AS 254 NORTH LAUREL AVENUE, DES PLAINES (Case 05-31-PUD-A) . Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. A general discussion was held on why proposals were requested for this project and not bids. Moved by Becker, seconded by Smith, to REFER BACK TO STAFF for further review the demolition and removal of debris of residence on property at 2250 Ballard Road. Motion declared carried. PAVING OF PORTION OF PARKING LOT/ 711 DULLES: Resolution R-110-06 CONTRACT/ FIRE DEPT. ENTRANCE TESTING SERVICES: Consent Agenda Resolution R-111-06 CONTRACT/ FIRE DEPT. PROMOTIONAL TESTING SERVICES: Consent Agenda Resolution R-112-06 GRANT APPLI./ COMPATIBLE LAND USE PLANNING (0' HARE) : Consent Agenda Resolution R-113-06 SUB-GRANT AGREEMENT/ D.P. SENIOR CENTER -HUD FUNDING: Consent Agenda Resolution R-114-06 PAGE SIX 070 8/7/06 A general discussion was held on why proposals were requested for this project and not bids. Moved by Murphy, seconded by Sayad, to REFER BACK TO STAFF for further review the repaving of approximately 20' x 90' of parking area in the parking lot behind property located at 711 Dulles Road, Units C, D and E. Motion declared carried. Alderman Smith voted no. Alderman Murphy asked that the record show that these residents were notified at least five (5) times regarding making this area a Special Service Area. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute contract with I/O Solutions, Inc., 1127 S. Mannheim Road, Suite 203, Westchester, IL 60154, to provide Firefighter /Paramedic Entrance Testing Consultant Services, at a cost not-to-exceed $20,000/Board of Fire & Police Commission Budget; and further recommend to adopt Resolution R-111-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DES PLAINES AND I/O SOLUTIONS, INC. FOR FIREFIGHTER ENTRANCE TESTING CONSULTANT SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute contract with Resource Management Associates, 17037 S. Oak Park Avenue, Tinley Park, IL 604 77, to provide Fire Lieutenant Promotional Testing Consultant Services, at a cost not-to-exceed $20,000/Board of Fire & Police Commission Budget; and further recommend to adopt Resolution R-112-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DES PLAINES AND RESOURCE MANAGEMENT ASSOCIATES FOR FIRE LIEUTENANT PROMOTIONAL TESTING CONSULTANT SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Application for FAA Grant Funding" per Section 160 of Vision 100 -Century of Aviation Reauthorization Act, to be used to develop planning and promotion of development and redevelopment within the O'Hare International Airport noise contour area; and further recommend to adopt Resolution R-113-06, A RESOLUTION SUPPORTING THE APPLICATION OF THE CITY OF DES PLAINES FOR FUNDING FOR PLANNING AND PROMOTION OF COMPATIBLE LAND USES UNDER THE FEDERAL AVIATION ADMINISTRATION VISION 100 CENTURY OF AVIATION REAUTHORIZATION ACT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Sub-Grant Agreement with Des Plaines Community Senior Center, 52 E. Northwest Highway, as required for HUD grant funding, in the amount of $72,168 for the build-out of the Des Plaines Community Senior Center; and further recommend to adopt Resolution R-114-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A SUB-GRANT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE DES PLAINES COMMUNITY SENIOR CENTER. Motion declared carried as approved unanimously under Consent Agenda. ADD. ENGRG. SERVICES/ 2005 CIP - CONTRACT D, AREA #4: Consent Agenda Resolution R-115-06 c.o. #2/ ENGRG. SVS. EAST RIVER ROAD LIFT STATION: Consent Agenda PURCHASE/ COMPUTERS FOR SQUAD CARS: Consent Agenda WARRANTY RENEWAL/ SQUAD CAR VIDEO CAMERAS: Consent Agenda PURCHASE/ TRUCK FOR PUB. WORKS: Consent Agenda PURCHASE/ VAN FOR PUB. WORKS: Consent Agenda PAGE SEVEN 071 8/7/06 Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Second Supplemental Agreement for Professional Services" with Homer Chastain & Associates, 8609 W. Bryn Mawr Avenue, Chicago, IL 60631, to perform Construction Engineering Services during the 2005 CIP - Contract D, Storm Water Master Plan Area #4 Project (approved by the City Council on May 16, 2005 Resolution R-80-05, in the amount of $129, 626. 80; and "Supplemental Agreement" was approved by the City Council on May 1, 2006 -Resolution R-69-06, in the amount of $30, 000); for additional construction engineering services to complete the project due to the contract being behind schedule, in the amount of $35,018.58/funding from the liquidated damages assessed to contractor (no cost to the City); and further recommend to adopt Resolution R-115-06, A RESOLUTION AUTHORIZING AN INCREASE IN THE CONSTRUCTION ENGINEERING SERVICES CONTRACT WITH HOMER CHASTAIN & ASSOCIATES IN THE CITY OF DES PLAINES, OF $35, 018. 58. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to approve Change Order #2 to Engineering Services Agreement with Baxter & Woodman, 31 S. Seymour Avenue, Grayslake, IL 60030, for replacement of deteriorated East River Road Sanitary Lift Station along with constructing a new force main along Bender Road (approved by the City Council on December 6, 2004 - Resolution R-138-04, in the amount of $72,000, and approved Change Order #1 on April 4, 2005 -Resolution R-47-05, in the amount of $11,000); for additional engineering and construction services to complete the project due to delays and re-designs, in the amount of $27,340/Capital Improvements Fund, for a new total project amount of $110,340. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to accept proposal from Future Link of Illinois, Inc., 25W658 St. Charles Road, Carol Stream, IL 60188, for purchase of three (3) Datalux Mobile Data Terminals (squad car computers) for the Police Department, in the total amount of $15,183/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to authorize renewal of fourth year warranty for video cameras in eighteen (18) marked squad cars, in the amount of $15, 840/Budgeted Funds, with Kustom Signals, 9325 Pflumm, Lenexa, KS 66215 (approved by the City Council on December 6, 2004 -Resolution R- 136-04, in the amount of $23,220). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to authorize purchase through the Suburban Purchasing Cooperative of one (1) 2006 Ford Pick-Up Truck for the Public Works Department from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423, in the total amount of $30,625/CERF Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to authorize purchase of one ( 1) 2006 Ford Econoline Van from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423, for the Public Works Department, in the total amount of $22,495 (with options)/CERF 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. PURCHASE & TRADE-IN/ BOBCAT LOADERS: Consent Agenda PURCHASE/ BOBCAT PLANER: Consent Agenda PATIO VARIATION/ 1300 LEE: Consent Agenda PATIO VARIATION/ 1086 WALTER AVE. : Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-28-06 AMENDMENT/ SOLICITATION ORDINANCE: Consent Agenda ORDINANCE M-29-06 AS AMENDED/ EDC EXEC. COMMITTEE: Consent Agenda ORDINANCE M-30-06 COOK COUNTY CLASS 6(b) APPLICATION & FEE: Consent Agenda PAGE EIGHT 072 8/7/06 Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to authorize trade-in of three (3) Bobcat Model S220 Loaders (Serial #526215573, #526215574, #526215575) through Bobcat Municipal Trade-In Price Contract, and purchase three (3) new Bobcat Model S220 Skid-Steer Loaders from Atlas Bobcat, Inc., 5050 N. River Road, Schiller Park, IL 60176, in the total amount of $10,800/CERF 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 Sayad, seconded by Christiansen, to concur with Staff recommendation to authorize purchase of one (1) 40" High-Flow Bobcat Planer from sole source, Atlas Bobcat, Inc., 5050 N. River Road, Schiller Park, IL 60176, in the total amount of $15,548/CERF 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 Sayad, seconded by Christiansen, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments to permit construction of an approximately 15' x 13' patio in the rear yard of property located at 1300 Lee Street; patio would be located 62' from building foundation (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments for property located at 1086 Walter Avenue, to permit existing 11' x 11' patio, built without a permit, to remain; contingent upon petitioner paying a $150 fee for building without a permit. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Landscape Design, Removal and Installation at Gateway Park, River Road and Miner Street, returnable by 3:00 p.m., Monday, August 28, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to adopt Ordinance M-28-06, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 8, "PAWNBROKERS, SECONDHAND DEALERS, PEDDLERS AND SOLICITORS," ARTICLED, "S 0 LICIT 0 RS , " 0 F THE CITY 0 F DES PLAINES CITY C 0 DE . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to adopt Ordinance M-2 9-0 6, AN ORDINANCE AMENDING TITLE 2, "BOARDS AND COMMISSIONS," CHAPTER 13, "ECONOMIC DEVELOPMENT COMMISSION," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to adopt 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. ORDINANCE M-31-06 LIQUOR LIC. UPDATES: Consent Agenda ORDINANCE Z-24-06 TEXT AMEND./ MIXED USE DEVELOPMENT: Consent Agenda WARRANT REGISTER: ZONING CASE 04-65-A MAP AMEND. & VACATE R-0-W/ 2064 D.P. RIVER ROAD: PAGE NINE 073 8/7/06 Moved by Sayad, seconded by Christiansen, to adopt 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 Sayad, seconded by Christiansen, to adopt Ordinance Z-24-06, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO ARTICLE 3, "DEVELOPMENT REVIEW PROCEDURES," TO ADD SECTION 3.5A, "MIXED USED DEVELOPMENTS" TO THE CITY OF DES PLAINES ZONING 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 Sayad, Chair Moved by Smith, seconded by Christiansen, to recommend to the City Council approval of the August 7, 2006 - Warrant Register, in the total amount of $3,640,494,23, and further recommend that Resolution R-97-06 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed this matter which is comprised of two (2) parts: rezoning from C-3 General Commercial to R-3 Townhouse Residential for property located at 2064 Des Plaines River Road, and vacation of Esser Court right-of-way (south half). Map Amendment Petitioner Jim Johnsen, Jet Properties, Inc., addressed the Committee of the Whole and answered questions from the aldermen; this will be a four (4)-story, nine (9)- unit building; water retention is the main issue so he has had three (3) or four (4) meetings with residents; there will be less concrete on the property than there is now. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation (no recommendation from the Plan Commission tie vote) to grant request for a Map Amendment to rezone property from C-3 General Commercial District to R-3 Townhouse Residential District on property located at 2064 Des Plaines River Road; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Vacation of Esser Court Right-Of-Way (South Half) Petitioner Jim Johnsen, Jet Properties, Inc., addressed the Committee of the Whole and answered questions from the aldermen regarding his request to vacate the entire south half of the existing Esser Court right-of-way that is approximately 13' x 229' long with a total area of 2,997 sq. ft. A general discussion was held on the value of the right- of-way and whether the petitioner really needed this property for his project. Moved by Becker, seconded by Brookman, to refer back to staff for further review the possible vacation of the south half of Esser Court right-of-way. Motion declar~ carried. Aldermen Christiansen and Murphy voted no. \h'·~ MINUTES/ 6/19/06: MINUTES/ 6/28/06: ORDINANCE Z-26-06 AMENDMENT/ CONDIT. USE 2200 DEVON: WARRANT REGISTER: Resolution R-117-06 ZONING CASE 04-65-A MAP AMEND./ 2064 D.P. RIVER ROAD: ZONING CASE 04-65-A VACATION OF ESSER COURT RIGHT-OF-WAY (SOUTH HALF) : REFERENDUM/ TIF #4 FIVE CORNERS: PAGE TEN 074 8/7/06 MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith, seconded by Becker, to not approve proposed amendment to the minutes of the regular meeting of the City Council held June 19, 2006. Motion declared carried. Alderman Brookman voted no. Moved by Smith, seconded by Becker, to approve minutes of the regular meeting of the City Council held June 19, 2006, as published. Motion declared carried. Moved by Smith, seconded by Becker, to not approve proposed amendment to the minutes of the Special meeting of the City Council held June 28, 2006. Motion declared carried. Aldermen Sayad and Brookman voted no. Moved by Smith, seconded by Becker, to approve minutes of the Special meeting of the City Council held June 28, 2006, as published. Motion declared carried. Alderman Brookman voted no. Moved by Becker, seconded by Smith, to adopt 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 (Case 05-85-CU-LSA). Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Brookman, Becker, Smith, Argus NAYS: 1-Sayad ABSENT: 1-Beauvais Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-117-06, 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: $3,640,494,23. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole to grant request for a Map Amendment to rezone property from C-3 General Commercial District to R-3 Townhouse Residential District on property located at 2064 Des Plaines River Road; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole to refer back to Staff for further review the possible vacation of the south half of Esser Court right-of-way. Motion declared carried. Aldermen Christiansen, Murphy and Smith voted no. Motion by Alderman Brookman that the City Council place a referendum on the November 2006 General Election ballot regarding the proposed TIF #4 in the "five corners" area (Golf Road, River Road and Rand Road) DIED FOR LACK OF A SECOND. MEETING/ REFERENDUM RE TERM LIMITS: ADJOURNMENT: PAGE ELEVEN 075 8/7/06 Alderman Becker asked whether the City Council would consider hold a meeting to discuss the possibili ty of placing a referendum on the November 2006 General Election ballot regarding term limits. Mayor Arredia asked for a consensus. There was none. Moved by Smith, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carriG~t 9:20 p.m. ~Q.~ Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS c??,, t DAY OF , 2006