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09-05-2006083 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, TUESDAY, SEPTEMBER 5, 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 6:15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, September 5, 2006. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Sayad, Becker, Smith. Aldermen Murphy, Brookman and Argus were absent. Aldermen Murphy, Brookman and Argus arrived in Executive Session at 6:17 p.m. Also present were: City Manager Niemeyer, Interim Director of Finance Raymond, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Public Works Foreman Passi, Development Planner Gascoigne, Deputy Director of Community & Economic Development Spiel, Deputy Director of Community & Economic Development Angell and Assistant City Attorney Bartel. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: RECOGNITION: CITIZEN PARTICIPA. : Moved by Sayad, seconded by Smith, to go into Executive Session to discuss probable-imminent litigation, setting price for sale-lease of property and pending litigation. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Smith NAYS: 0-None ABSENT: 3-Murphy, Brookman, Argus Motion declared carried. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:15 p.m. Roll call indicated the following aldermen present; Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Father John Rallis, St. John the Baptist Greek Orthodox Church, followed by the Pledge of Allegiance to the Flag. Mayor Arredia presented the American Cancer Society's Community Excellence Award to City's Community Health Nurse Madeline May for her consistent and passionate regard for providing cancer prevention and education materials and programs to all residents of the community. Fire Chief Heavey and Deputy Fire Chief Zern recognized two (2) YMCA Staff members, Joel Sieplinga and Anthony Kriz, who began resuscitation efforts (CPR) and applied automated external defibrillator (AED) prior to the arrival of Ambulance 71 and Engine 61, on a man who suffered a sudden cardiac arrest on the handball court on May 23, 2006; also recognized were Paramedics Jim Mulvihill, Scott Korona, Dan Hauser, Engineer Duane Owen and Lieutenant Jim Hall for their continued resuscitation efforts and treatment while transporting the patient to Lutheran General Hospital. Mr. Gary Danfield, 655 River Road, addressed the City Council about his living conditions; he can't get anything done by the City; he has until September 14th to leave but the owner broke in and turned off his power; he reported it but was denied help by the police and was further harassed; everyone is pushing him around. CIT. PARTIC. (Cont'd. ) PAGE TWO 084 9/5/06 Mrs. Noreen Lake, 1538 Campbell Street, addressed the City Council stating that she is president of the Des Plaines Library Board of Trustees and is here to announce that September is National Library Card Sign Up Month and encouraged everyone to take advantage of the great services provided by the Des Plaines Library. Mr. Steve Schaefer, 835 Pearson Street, addressed the City Council announcing that the Veterans of Foreign Wars Post 2992 will a concert with the Des Plaines Community Band on Sunday, September 10, 2006, beginning at 2:00 p. m., on the Library Plaza; there will be free food; everyone is welcome. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that sometimes politicians do good; the former mayor of Northbrook travels around the world raising money for charities; Mayor Arredia and Alderman Sayad were recently on a local radio station providing a positive image of Des Plaines. Mr. Paul Klein, 1845 Linden Street, addressed the City Council stating that he spoke on August 7, 2006 about the national crisis in our country of illegal aliens; illegal aliens have overpowered our citizens; there is overcrowding; school should cross-check student addresses to see if there are violations; he doesn't want something to happen in Des Plaines like it did in Chicago. Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council and read from a report by Richard F. Dye and David F. Merriman on The Effects of Tax Increment Financing on Economic Development; a TIF is not tax free; it will be a strain on taxing bodies; studies show that cities that adopt TIFs grow more slowly than those that do not; she is against the proposed TIF #4. Mayor Arredia requested that a copy of the report be sent to the aldermen. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council and read the proposed amendment to the minutes of the June 19, 2006 City Council meeting; the City Council voted against this amendment; he questioned Alderman Smith about his motion and vote to not amend the minutes; the minutes should be changed; they do not reflect what was said on June 19, 2006. Alderman Smith read his response to the certified letter Mr. Burkross sent to him, which he felt was unnecessary. Alderman Smith said that one ( 1) word should be added to the minutes and he will discuss this with City Attorney Wiltse to see how this can be done. Alderman Brookman stated that she voted for the amendment. Phil, who lives at 446 W. Touhy Avenue, Lot #393, addressed the City Council encouraging everyone to attend the Veterans' Expo to be held Saturday, September 16, 2006, from 9:00 a.m. to 1:30 p.m. at Prairie Lakes Center, to learn about veterans' benefits and eligibility; he also read the names of local legislators who voted against making English the official language and those that voted to give illegal aliens social security. Mrs. Mariana Tamayo, 2293 Webster Lane, addressed the City Council in response to Mr. Klein's comments made earlier in the meeting regarding illegal aliens; people should disregard his remarks; those people come here to work; they pay taxes; they do work that Americans do not want to do -dirty jobs. Ms. Pat Nelson, 1109 Stockton Avenue, addressed the City Council stating that people should read State of Emergency by Patrick Buchanan and In Mortal Danger by Tom Tancredo. CIT. PARTIC. (Cont'd.) CONSENT AGENDA: MINUTES/ 8/15/06: Consent Agenda MINUTES/ 8/21/06: RECAPTURE AGREEMENT/ 513 ROSE: Consent Agenda Ordinance M-36-06 SALE OF CITY PROPERTY/ NWMC CONFERENCE: Consent Agenda Ordinance M-37-06 PAGE THREE 085 9/5 /06 Mrs. Gloria Keane, 2048 Webster Lane, addressed the City Council stating that a man is coming to look at painting a mural on the side of the old Ameritech building on Pearson Street; it will be a big draw to our City; we should be more positive about our City. Alderman Becker requested that Items 3 and 4 be removed from the Consent Agenda; City Clerk McAllister requested that Items 9 and 9a be removed. Moved by Murphy, seconded by Becker, to establish a Consent Agenda except for Items 3, 4, 9 and 9a~ Motion declared carried. Moved by Murphy, seconded by Sayad, 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; minutes were approved; Ordinances M-36-06, M-37-06, Z-30-06, Z- 31-06, Z-33-06, Z-34-06 and Z-35-06 were placed on First Reading; and Resolutions R-110-06, R-121-06, R-122-06 and R-123-06 were adopted. Moved by Murphy, seconded by Sayad, to approve minutes of the Special meeting of the City Council held August 15, 2006, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to approve minutes of the Executive Session of the Special meeting of the City Council held August 15, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Christiansen, to approve minutes of the regular meeting of the City Council held August 21, 2006, as published. Motion declared carried. Alderman Becker abstained (he was absent). Moved by Christiansen, seconded by Murphy, to approve minutes of the Executive Session of the City Council held August 21, 2006. Motion declared carried. Alderman Becker abstained (he was absent). Moved by Murphy, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Recapture Agreement" with Brian Krause for his recovery of $16.56 per front foot for each front foot for a maximum cost of $13,250 for the storm water sewer system line extension on property located at 513 Rose Avenue; cost to be paid by owners of any properties which connect to the line extension; City to become absolute owner of said storm water sewer system line extension at the end of ten (10) years after ordinance is adopted; and further recommend to place on First Reading Ordinance M- 36-06, AN ORDINANCE REGARDING THE CONSTRUCTION OF A MUNICIPAL STORM WATER SEWER ALONG ROSE AVENUE IN DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to authorize to sell by auction at the annual Northwest Municipal Conference Surplus Auction to be held Saturday, September 23, 2006, 10:00 a.m., Mt. Prospect Public Works Facility, 1700 W. Central Road, Mt. Prospect, various Public Works Department equipment that is deemed no longer necessary or useful to or for the best interest of the City; and further recommend to place on First Reading Ordinance M-37-06, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 06-75-CU CONDIT. USE/ 1150 N. RIVER ROAD: Consent Agenda Ordinance Z-30-06 ZONING CASE 06-76-LSA CONDIT. USE/ 1150 N. RIVER ROAD: Consent Agenda Ordinance Z-31-06 ZONING CASE 06-77-CU CONDIT. USE/ 1453 MARKET ST.: Ordinance Z-32-06 ZONING CASE 06-82-CU CONDIT. USE/ 1533 ELLINWOOD: Consent Agenda Ordinance Z-33-06 ZONING CASE 06-97-TA TEXT AMEND./ CURRENCY EXCHANGES & PAYDAY LOAN: Consent Agenda Ordinance Z-34-06 Ordinance Z-35-06 PAGE FOUR 086 9/5/06 Moved by Murphy, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 06-75-CU, to grant request for Conditional Use to permit a food service training facility, with sales to the general public, as part of an institutional development in I-1 Institutional District on property located at 1150 N. River Road; and further recommend to place on First Reading Ordinance Z-30-06, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A FOOD SERVICE TRAINING FACILITY WITH SALES TO THE GENERAL PUBLIC IN ACCORDANCE WITH SECTION 7.5-1 C. OF THE DES PLAINES ZONING ORDINANCE IN AN I-1, INSTITUTIONAL ZONING DISTRICT AT 1150 N. RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 06-76-LSA, to grant request for Conditional Use for a Localized Sign Alternative Regular Plan, with conditions, to permit installation of two (2) new ground signs for Camelot Schools on Maryville Academy Campus on property located at 1150 N. River Road in I-1 Institutional District; and further recommend to place on First Reading Ordinance Z-31-06, AN ORDINANCE PERMITTING THE INSTALLATION OF TWO NEW GROUND SIGNS IN ACCORDANCE WITH SECTION 11.8 OF THE DES PLAINES ZONING ORDINANCE AT 1150 N. RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to TABLE request for Conditional Use, re Zoning Case 06-77-CU, to permit massage therapy component within an existing gym-fitness facility on property located at 1453 Market Street in C-5 Central Business District and Ordinance Z-32-06. Motion declared carried. Moved by Murphy, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 06-82-CU, to grant request for Conditional Use to permit a massage therapy component within an existing physical therapy and rehabilitation facility on property located at 1533 Ellinwood Street in C-5 Central Business District; and further recommend to place on First Reading Ordinance Z-33-06, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-8 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A MASSAGE THERAPY FACILITY AT AN EXISTING PHYSICAL THERAPY AND REHABILITATION FACILITY AT 1533 ELLINWOOD STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to approve Text Amendment to the Zoning Code, re Zoning Case 06-97-TA, to amend Article 7, Section 7. 3, Table 7. 3. 1 "Commercial District Use Matrix" to C-3 General Commercial Zoning District; amend Article 13, Section 13.1 -"Definitions" to read "Pay Day Loan Businesses or Agencies" instead of "Pay Day Loan Store"; and further recommend to place on First Reading: Ordinance Z-34-06, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.3-1, "COMMERCIAL DISTRICT USE MATRIX," OF THE CITY OF DES PLAINES ZONING CODE TO CHANGE "CURRENCY EXCHANGE" IN THE C-3 GENERAL COMMERCIAL DISTRICT TO A CONDITIONAL USE; and Ordinance Z-35-06, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.3-1, "COMMERCIAL DISTRICT USE MATRIX" AND ARTICLE 13. 3 "DEFINITIONS" OF THE CITY OF DES PLAINES ZONING CODE TO CHANGE "PAYDAY LOAN STORES" TO "PAYDAY LOAN BUSINESSES OR AGENCIES." Motion declared carried as approved unanimously under Consent Agenda. REPAVING PORTION OF PARKING LOT/ 711 DULLES: Consent Agenda Resolution R-110-06 ASSIGNMENT OF BUS. DEVEL. AGREEMENT/ 77 RAND RD.: Consent Agenda Resolution R-121-06 IEMA FLOOD GRANT AGREE./ METHODIST CAMPGROUND: Consent Agenda Resolution R-122-06 FLOOD TECH. SUPPORT AGREEMENT/ METHODIST CAMPGROUND: Consent Agenda Resolution R-123-06 PURCHASE/ BRANCH CHIPPER: Consent Agenda PAGE FIVE 087 9/5/06 Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to accept proposal from Quality Blacktop, Inc., 1484 Phoenix Drive, Des Plaines, to repave approximately 20' x 90' parking area in the parking lot behind property located at 711 Dulles Road, Units c, D and E, in the amount of $7,844/Dept. Funds; City to place a lien on the properties should the amount not be repaid to the City; it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-110-06, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM QUALITY BLACKTOP, INC. FOR THE REPAVING OF THE PARKING AREA BEHIND 711 DULLES ROAD, UNITS C, D AND E, DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to authorize assignment of Business Development Agreement with Mancari Auto Group (approved by the City Council on June 3, 2002 -Resolution R-64- 02), to Des Plaines Chrysler Jeep Dodge, Inc., for property located at 77 Rand Road; and further recommend to adopt Resolution R-121-06, A RESOLUTION ACCEPTING ASSIGNMENT OF A BUSINESS DEVELOPMENT AGREEMENT BETWEEN MANCARI AUTO GROUP AND THE CITY OF DES PLAINES TO DES PLAINES CHRYSLER JEEP DODGE, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Illinois Emergency Management Agency (IEMA ) Grant Agreements (grant applications authorized by the City Council on July 11, 2005 -Resolution R-110-05) as follows: for technical assistance in the amount of $22,410, and a flood mitigation plan in the amount of $20, 300, for the proposed building elevations at the Methodist Campground; City to match up to 25% of the total cost for an approximate cost range to the City of $5,962.50 to $11,925/Capital Projects Funds; and further recommend to adopt Resolution R-122-06, A RESOLUTION AUTHORIZING THE EXECUTION OF TWO GRANT AGREEMENTS BETWEEN THE ILLINOIS EMERGENCY MANAGEMENT AGENCY AND THE CITY OF DES PLAINES FOR GRANTS IN THE AMOUNT OF $22, 410 AND $20, 300. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute agreement with French & Associates, Ltd., 153 Nanti Street, Park Forest, IL 60466, to prepare Building Elevation Plan in the amount of $22, 400 and Hazard Mitigation Plan in the amount of $25,300, for a total amount not-to-exceed $47,700; City to be partially reimbursed from IEMA Grants approved earlier in the meeting with City matching up to 25% of the total cost for an approximate cost range to the City of $5,962.50 to $11,925/Capital Projects Funds; and further recommend to adopt Resolution R-123-06, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN FRENCH & ASSOCIATES AND THE CITY OF DES PLAINES TO PROVIDE TECHNICAL SUPPORT IN PREPARING A HAZARD MITIGATION PLAN AND A BUILDING ELEVATION PROJECT FOR THE METHODIST CAMPGROUND. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to approve purchase of One (1) 2006 Morbark Model 18 Hurricane Branch Chipper through the Federal Government General Services Administration Contract #GS-30F-0018N from Alexander Equipment Company, Inc., 4728 Yender Avenue, Lisle, IL 60532, in the amount of $34,116/Budgeted CERF Funds; and authorize trade-in of 1995 Morbark Model 17 Branch Chipper. Motion declared carried as approved unanimously under Consent Agenda.~ PURCHASE/ BOBCAT WORK MACHINE: Consent Agenda BID AWARD/ SODIUM CHLORIDE SALT: Consent Agenda BID AWARD/ PARKING FARE COLLECTION SYSTEM: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENT/ REAPPOINT . : ORDINANCE Z-30-06 CONDIT. USE/ 1150 N. RIVER ROAD: ORDINANCE Z-31-06 CONDIT. USE/ 1150 N. RIVER ROAD: ORDINANCE Z-33-06 CONDIT. USE/ 1533 ELLINWOOD: PAGE SIX 088 9/5/06 Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to accept proposal from Atlas Bobcat, Inc., 5000 North River Road, Schiller Park, IL 60176, for purchase of One (1) Bobcat Toolcat Turbo 5600 Work Machine in the amount of $67,453/Budgeted 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 Murphy, seconded by Sayad, to concur with Staff recommendation to award bid for Supply and Delivery of Sodium Chloride Salt to the lowest bidder, Cargill, Inc., 24950 Country Club Blvd., Suite 450, North Olmsted, OH 44070, at a cost of $35. 90 per ton through May 1, 2007 /MFT Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation to award bid for Furnishing and Installing Parking Fare Collection System to the lowest bidder, meeting City's needs, Total Parking Solutions, Inc., 2721 Curtiss Street, Downers Grove, IL 60515, for Option 2 in the amount of $52,091/$30,000 from Metra Grant and $22,091 from Parking Fund Improvements. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for demolition of residence at 2250 Ballard Road, returnable by 3:00 p.m., Thursday, September 21, 2006; and void Resolution R-109-06 referred back to Staff on August 7, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Say ad, seconded by Murphy, to waive the two week waiting period and approve Mayoral appointment to the LIBRARY BOARD of Maria G. Bahamon, term to expire June 30, 2007; and approve Mayoral reappointment to the LIBRARY BOARD of Rhys Read, term to expire June 30, 2009. Motion declared carried. Moved by Smith, seconded by Argus, to advance to Second Reading and adopt Ordinance Z-30-06, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A FOOD SERVICE TRAINING FACILITY WITH SALES TO THE GENERAL PUBLIC IN ACCORDANCE WITH SECTION 7.5-1 C. OF THE DES PLAINES ZONING ORDINANCE IN AN I-1 INSTITUTIONAL ZONING DISTRICT AT 1150 N. RIVER ROAD, DES PLAINES, ILLINOIS (Case 06-75-CU). 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 Smith, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-31-06, AN ORDINANCE PERMITTING THE INSTALLATION OF TWO NEW GROUND SIGNS IN ACCORDANCE WITH SECTION 11.8 OF THE DES PLAINES ZONING ORDINANCE AT 1150 N. RIVER ROAD, DES PLAINES, ILLINOIS (Case 06-76-LSA). 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 Beauvais, seconded by Murphy, to advance to Second Reading and adopt Ordinance Z-33-06, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-8 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A MASSAGE THERAPY FACILITY AT AN EXISTING PHYSICAL THERAPY AND REHABILITATION FACILITY AT 1533 ELLINWOOD STREET, DES PLAINES, ILLINOIS (Case 06-82-CU). Upon roll call, the vote was: 1'/ Z-33-06 (Cont'd.) PARKING OF TRAILERS: WARRANT REGISTER: TIF MONITORING REPORT: PAGE SEVEN AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. 089 9/5/06 MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE PUBLIC SAFETY -Alderman Beauvais, Chair Police Chief Prandini reviewed his memo of August 23, 2006, in which he recommends that there be a time restriction on the parking of all types of trailers, campers, boats, etc. on public streets and they must be directly in front of a resident's dwelling or publi c parkway. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that people park their vehicles over the sidewalk or on the apron leading to the street; this goes on all the time. Alderman Christiansen stated that he will hold a meeting regarding unsightly vehicles on driveways. Mrs. Gloria Keane, 2048 Webster Lane, addressed the Committee of the Whole stating that she agrees wi t h Alderman Christiansen; we should try to make our City look better than any other place. Moved by Brookman, seconded by Argus, to concur with Staff recommendation and recommend to the City Council that Title 7, Chapter 3, Section 2 -"Parking Prohibi ted in Certain Places" of the City Code be amended to prohibit the parking of any trailer, camper, boat, recreational vehicle, motor vehicle on a public street directly in front of a resident's dwelling or public parkway for purposes of loading or unloading for a period longer than twenty-four hours unless there is a public safety concern; prior notification must be given to the Police Department; and Ordinance M-26-06 be placed on First Reading at appropriate time this evening. Motion declared carried. FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to remove Check #250909 in the amount of $220 from the Warrant Register for further review. Motion declared carried. Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the September 5, 2006 - Warrant Register -as amended, in the total amount of $2,940,062.85, and further recommend that Resolution R- 127-06 be adopted at appropriate time this evening. Motion declared carried. Mrs. Leslie Murphy, of Griffith, Murphy, LLC, 2658 Ewing Avenue, Evanston, IL 60201, addressed the Committee of the Whole and made a PowerPoint presentation of the monitoring memoranda they prepared for the City regarding Downtown TIF District #1, Lee Street-Perry Street TIF District #5, Wille Road-Mt. Prospect Road TIF District #3 and Mannheim Road-Higgins Road TIF District #6. Mrs. Murphy stated that the memoranda assesses the past and current performance of these four (4) TIF districts; it determined how successful each TIF district has been TIF MEMORAN. (Cont'd. ) REPORT/ UNDERSIZED LOT -324 BERKSHIRE: PAGE EIGHT 090 9/5/06 in achieving the goals and objectives set forth in the Redevelopment Plan for each district, and strategizing future direction for redevelopment, based upon the fiscal flexibility in each district; it is clear that all four (4) districts have been successful from a redevelopment perspective, creating new commercial, industrial, mixed- use, residential and government uses in areas of the City that needed an infusion of revenue and construction activity. Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the Committee of the Whole questioning if all the proper TIF forms have been filed. Deputy Director of Community & Economic Development Angell said that the City cannot file the 2005 report until an audit has been approved by the City Council. Mrs. Van Slambrouck stated that there are two (2) kinds of TIFs -good ones and bad ones; this is a bad one; the City should be more honest with the public. Ed, co-owner of Geiser-Berner Plumbing Heating & Air Conditioning, 1484 Rand Road, addressed the Committee of the Whole asking if there are any negatives to a TIF. Mrs. Murphy said yes, the ability to pay debt is one. Ed stated that there should be two (2) sides of the spectrum; creating a TIF is not necessarily a positive. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole questioning whether any TIF has been terminated. Deputy Director Angell said yes, TIF #2 in 2000. Mr. Burkross asked if we know how many new residents there are in these TIFs. Alderman Sayad said that the City is going to do a new census very soon. Mr. Burkross asked what new businesses have been attracted by a TIF. Deputy Director Angell said the warehouses in TIF #2. Mr. Burkross stated that a TIF should be a last resort. Alderman Brookman stated that this is a valid document; it condensed relative information that will be used for discussion; she encouraged the other taxing agencies to review the tape of this meeting and this data; Alderman Beauvais stated that this City is so much better off with these TIFs; she is glad that finally some positives have come out about TIFs. Alderman Sayad complimented Mrs. Murphy and her company for this memoranda; it was well done. COMMUNITY DEVELOPMENT Alderman Becker, Chair Alderman Becker reviewed this matter and questioned whether this was a legal lot of record. Development Planner Gascoigne said he would verify this. Petitioner Mukesh Patel, 832 Plainfield Road, Joliet, IL 60432, addressed the Committee of the Whole and answered questions from the aldermen. Moved by Murphy, seconded by Christiansen, to recommend to the City Council that this non-conforming lot of record for 324 Berkshire Lane be REFERRED back to Staff for further review. Motion declared carried. ORDINANCE Z-29-06 VARIATION/ 2211 WEBSTER AVE . : WARRANT REGISTER: Resolution R-127-06 PARKING OF TRAILERS: Ordinance M-26-06 SINGLE BID/ LANDSCAPE DESIGN GATEWAY PARK: PAGE NINE 091 9/5/06 MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Brookman, seconded by Beauvais, to adopt Ordinance Z-29-06, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3 E. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (OVERSIZED SHED) AT 2211 WEBSTER LANE, DES PLAINES, ILLINOIS (Case 06-64-V) . Upon roll call, the vote was: AYES: 3-Beauvais, Christiansen, Brookman NAYS: 5-Murphy, Sayad, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Say ad, seconded by Murphy, to concur with recommendation of Committee of the Whole to adopt Resolution R-127-06 -AS AMENDED, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,940,062.85. 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 Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole that Title 7, Chapter 3, Section 2 -"Parking Prohibited in Certain Places" of the City Code be amended to prohibit the parking of any trailer, camper, boat, recreational vehicle, motor vehicle on a public street directly in front of a resident's dwelling or public parkway for purposes of loading or unloading for a period longer than twenty-four hours unless there is a public safety concern; prior notification must be given to the Police Department; and further recommend to place on First Reading Ordinance M-26-06. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-26-06, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 2, "PARKING PROHIBITED IN CERTAIN PLACES," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Argus, that City Clerk be authorized to open single bid received on August 28, 2006 for Landscape Design, Removal and Installation at Gateway Park, River Road and Miner Street. Motion declared carried. City Clerk McAllister opened the bid and announced that the bid for Landscape Design, Removal and Installation at Gateway Park, River Road and Miner Street was received from ILT Vignocchi, Inc., 25865 W. Ivanhoe Road, Wauconda, IL 60084, in the total bid amount of $200,755. Mayor Arredia referred the bid to Staff for review and report. EXECUTIVE SESSION: SETTING PRICE FOR SALE- LEASE OF PROPERTY/ VACATION OF ESSER COURT: PENDING LITIGATION/ ANNEXATION - 1901 s. ELMHURST RD . : Resolution R-116-06 Ordinance A-1-06 ADJOURNMENT: PAGE TEN 092 9/5/06 Moved by Sayad, seconded by Murphy, to go into Executive Session to discuss setting price for sale-lease of property, pending litigation and probable-imminent litigation. 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. The City Council recessed at 11:06 p.m. The City Council reconvened at 11:57 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Moved by Murphy, seconded by Sayad, to concur with consensus in Executive Session that City set the price for the sale of the south half of Esser Court right-of- way to the adjourning property owner and petitioner, Jim Johnson, Jet Properties, Inc., 2064 S. River Road, Des Plaines, for the appraised amount of $60,400. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Argus, to concur with consensus in Executive Session that Mayor and City Clerk be authorized to execute "Annexation Agreement" with 8400 Partners, LLC, 935 W. Chestnut Street, Unit 425, Chicago, IL 606176-1076, for property located at 1901 S. Elmhurst Road; City settle the daily fines imposed by the Des Plaines Administrative Hearing Officer for pending citations in the amount of $4,000; and further recommend to adopt Resolution R-116-06, A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS 1901 ELMHURST ROAD. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Murphy, to adopt Ordinance A-1-06 (approved by the City Council on August 21, 2006), AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, PROPERTY COMMONLY KNOWN AS 1901 ELMHURST ROAD, DES PLAINES, ILLINOIS. 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 Murphy, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carr~~ed at 12~a.m. (12(?CL .__ Donna McAllister, MMC CITY CLERK