11-20-2006132
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, NOVEMBER 20, 2006
CALL TO ORDER: The regular meeting of the City Council of the City of
Des Plaines, Illinois, was called to order by Mayor
Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, November 20, 2006.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Brookman, Becker, Smith,
Argus. Alderman Sayad was absent.
Also present were: City Manager Niemeyer, Assistant City Manager /Director
of Human Resources Bajor, Interim Director of Finance Simpson, Police
Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Public
Works Director Dusckett, Development Planner Gascoigne, Deputy Director
of Community & Economic Development Angell and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
CITIZEN
PARTICIPA. :
Moved by Beauvais, seconded by Becker, to go
Executive Session to discuss pending litigation.
roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:12 p.m.
into
Upon
Roll call indicated the following aldermen present;
Beauvais, Christiansen, Murphy, Brookman, Becker, Smith,
Argus.
The opening prayer was given by Ghulam Farooqui, Islamic
Community Center, followed by the Pledge of Allegiance
to the Flag.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that Starbucks Coffee will soon be coming
to the Lee and Oakton area; they don't usually come to
a "blue collar" area; he is wondering why they chose that
area.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council stating that the meeting on the Riviera TIF
was recently postponed; the owner is asking for $15
million; every time he comes here he upgrades his project
and now he needs a TIF; his investors will not go along
with this project unless he gets a TIF; he thinks the
owner should downgrade the project to something he can
afford.
Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the City
Council to thank the City and Martam Construction for the
beautiful job they did on Crabtree Lane; she also stated
that several aldermen purchased condos in Metropolitan
Square; she understands that there is a State law that
prohibits elected officials from buying real estate in
TIF districts unless it is their primary residence; maybe
the Legal & Licensing Committee should look into this.
City Manager Niemeyer stated that Staff is developing an
ordinance to address this matter.
CITIZEN PART.
(Cont'd. )
PENDING
LITIGATION/
TRAVEL LODGE
3003
MANNHEIM -
TIF #6:
CONSENT
AGENDA:
MINUTES/
11/6/06:
PAGE TWO
133
11/20/06
Mr. Dion Kendrick, 943 Webster Lane, addressed the City
Council regarding the recent TIF referendum; our elected
officials serve on behalf of the people; they should
refrain from any legislation that would do an injustice;
there is a real injustice in the TIF laws; TIFs are
economic slavery; the property owner has no say; let our
people be free from this injustice.
Mr. Scott Olson, 285 Harding Avenue, addressed the City
Council stating that the aldermen should hold themselves
accountable to the people they represent; what was the
urgency in voting on the TIF ordinances less than 24
hours before the referendum was going to be voted on;
that mentality is not democracy.
Mr. Josh Connelly, 941 S. Golf Cul De Sac, addressed the
City Council asking that a stop sign be installed at
Seegers Road and Broadway; no one knows who has the
right-of-way; we have almost been hit there a couple of
times. Police Chief Prandini and Public Works Director
Dusckett said they would look into this matter.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council stating he doesn't know if it is appropriate for
elected officials to own condos in TIF areas but it
should be investigated; if it was in violation of the
law, they should be held accountable.
Ed, co-owner of Geiser-Berner Plumbing Heating & Air
Conditioning, 1484 Rand Road, addressed the City Council
to thank all the voters who came out on election day and
voted for or against the referendum; the City Council
should consider rescinding their vote on the TIF
ordinances.
Moved by Murphy, seconded by Beauvais, to concur with
majority agreement in Executive Session that Staff be
authorized to negotiate the purchase of the Travel Lodge,
3003 Mannheim Road -TIF #6, for the purchase price of
$5.575 million. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Sayad
Motion declared carried.
A resident requested that Item 1 be removed from the
Consent Agenda, and Alderman Christiansen requested that
Item 8 be removed.
Moved by Murphy, seconded by Becker,
Consent Agenda except for Items 1 and 8.
carried.
to establish a
Motion declared
Moved by Brookman, seconded by Argus, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Staff recommendations and requests were approved; minutes
were approved; Ordinances M-45-06 and Z-39-06 were
adopted; and Resolutions R-147-06, R-148-06 and R-149-06
were adopted.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council requesting that the minutes of the regular
meeting held November 6, 2006 regarding Ordinance M-42-
06 -Approving Redevelopment Plan and Project -TIF #4,
be amended to add some additional comments.
MIN.-11/6/06
(Cont'd.)
MINUTES/
EXEC. SESS.
11/6/06:
Consent
Agenda
PUBLIC
IMPROVEMENTS/
700
NORTHWEST
HIGHWAY:
Consent
Agenda
Resolution
R-147-06
REDUCTION OF
PUB. IMPROV.
SURETY/
2269
SPRUCEWOOD:
Consent
Agenda
Resolution
R-148-06
VEHICLE
ENFORCEMENT
AGREEMENT/
1475 E.
OAKTON ST.:
Consent
Agenda
Resolution
R-149-06
POLICE SGT.
PROMOTIONAL
EXAMINATION
SERVICES:
Consent
Agenda
FACTORY-
REBUILT
ENGINE/FIRE
LADDER TRUCK
#83:
Consent
Agenda
PAGE THREE
134
11/20/06
Moved by Murphy, seconded by Smith, to POSTPONE until
December 4, 2006, approval of minutes of the regular
meeting of the City Council held November 6, 2006, and
Mr. Brian Burkross is to provide his recommended
amendments to the minutes. Motion declared carried.
Moved by Brookman, seconded by Argus, to approve minutes
of the Executive Session of the City Council held
November 6, 2006. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to accept Public Improvements for
Concord Commons Townhouses, Phase One, 7 0 0 Northwest
Highway, that include streets, fire hydrants, storm and
sanitary sewers, public sidewalks and street lights;
authorize release of surety in the amount of $90,421.50
(cash warranty of $35,464 will be held for 18 months);
and further recommend to adopt Resolution R-147-06, A
RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR CONCORD
COMMONS TOWNHOUSES, PHASE I, AT 700 NORTHWEST HIGHWAY,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request for Reduction of
Public Improvement Surety for Donovan's Second
Subdivision, 2269 Sprucewood Avenue, from $16, 575 to
$12,025 (cash warranty of $4,550 to be held to secure
the remaining public improvements) ; and further
recommend to adopt Resolution R-148-06, A RESOLUTION
APPROVING SECOND REDUCTION OF PUBLIC IMPROVEMENT SURETY
FOR DONOVAN'S SECOND SUBDIVISION LOCATED AT 2269
SPRUCEWOOD AVENUE, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute "Agreement for Enforcement of
Municipal Ordinances on Private Property" for police,
traffic and parking enforcement for property located at
1475 E. Oakton Street (Oakton Dental Medical Plaza); and
further recommend to adopt Resolution R-149-06, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER
TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE
REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE
CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES
PLAINES AND OAKTON DENTAL MEDICAL PLAZA FOR PROPERTY
LOCATED AT 1475 EAST OAKTON STREET, DES PLAINES,
ILLINOIS FOR PARKING ENFORCEMENT. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to accept proposal from Resource
Management Associates, 17037 S. Oak Park Avenue, Tinley
Park, IL 60477, to provide Police Sergeant Promotional
Examination Services in the amount of
$25,379.03/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 Argus, to concur with
Staff recommendation to accept proposal from Inland
Detroit Diesel-Allison, Inc., 210 Alexandra Way, Carol
Stream, IL 60188, to install a factory-rebuilt engine on
Fire Ladder #83, at a cost not-to-exceed
$35,275.80/Vehicle Maintenance Division General 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.
c.o. #1
ADDITION/
LANDSCAPE
DESIGN AT
GATEWAY PARK
RIVER AND
MINER:
BID AWAIID/
HOUSE
DEMOLITION/
1109 JOSEPH
SCHWAB RD.:
Consent
Agenda
ORDINANCE
M-45-06
PROHIBIT
POTABLE
GROUNDWATER/
1190 WOLF:
Consent
Agenda
ORDINANCE
Z-39-06
TEXT AMEND./
RECOVERY OF
DEVELOPMENT
COSTS:
Consent
Agenda
WARRANT
REGISTER:
2006
PROPERTY TAX
LEVY NOTICE:
PAGE FOUR
135
11/20/06
Moved by Christiansen, seconded by Becker, to concur
with Staff recommendation to authorize additional
payment of $7,350 to Change Order #1 to contract with
ILT Vignocchi, Inc., 25865 W. Ivanhoe Road, Wauconda, IL
60084, for Landscape Design, Removal and Installation at
Gateway Park, River Road and Miner Street (approved by
the City Council on September 18, 2006 in the amount of
$241,655 and part of Change Order #1 in the amount of
$15, 000 approved by the City Council on November 6,
2006); to complete the lighting plan for the northwest
corner of River Road and Miner Street; for a new
contract amount of $264,005. Upon roll call, the vote
was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to award bid for Demolition of
House at 1109 Joseph Schwab Road (Public Works
Facility), to the lowest bidder, M&R Demolition, 5300 S.
Lawndale Avenue, McCook,, IL 60525, in the total bid
amount of $14,500/Building & Ground Fund. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Argus, to adopt Ordinance
M-45-06, AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER
AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF
POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT
1190 SOUTH WOLF ROAD IN THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Argus, to adopt Ordinance
Z-39-06, AN ORDINANCE AMENDING ARTICLE 3 OF THE ZONING
CODE BY ADDING NEW SECTION 3.10 PROVIDING FOR RECOVERY
OF COSTS AND FEES INCURRED BY THE CITY OF DES PLAINES IN
CONNECTION WITH PROCESSING A PETITION FOR DEVELOPMENT.
Motion declared carried as approved unanimously under
Consent Agenda.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Smith, Vice Chair
Moved by Christiansen, seconded by Murphy, to recommend
to the City Council approval of the November 20, 2006 -
Warrant Register, in the total amount of $4,909,800.06,
and further recommend that Resolution R-150-06 be
adopted at appropriate time this evening. Motion
declared carried.
Moved by Becker, seconded by Christiansen, to concur
with Staff recommendation and recommend to the City
Council that a public hearing be held on December 4,
2006 to notify the public that the City intends to
consider a 2006 Property Tax Levy of 5.8% or
$23,674,226; and Resolution R-153-06 be adopted at
appropriate time this evening. Motion declared carried.
ZONING CASE
06-79-CU-V
CONDIT. USE
& VARIATION/
2350 E.
DEMPSTER:
ORDINANCE
Z-40-06
MAP AMEND./
1419 LEE:
ORDINANCE
Z-41-06
PRELIMINARY
PUD/1419-
1439 LEE:
PAGE FIVE
136
11/20/06
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker reviewed this matter regarding the
request from existing place of worship on property
located at 2350 E. Dempster Street to construct a two
(2)-story administration/education addition and a
single-story chapel to replace existing chapel, and
permit the dome of the proposed chapel to reach a height
of 55' instead of the permitted 35'; both Des Plaines
Zoning Board of Appeals and Staff recommend approval of
this request.
Petitioner's attorney, Daniel Dowd, 701 Lee Street, Des
Plaines; Architect Tim Wilkins; President of the Church
Council Panos Topalis; and Pastor John Rallis of St.John
the Baptist Greek Orthodox Church, addressed the
Committee of the Whole and answered questions from the
aldermen.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that this is not the
first church to ask for a height variation; if you give
it to one you must give to all; this church is a very
good neighbor; it is a beautiful church.
Ms. Kathryn Macaluso, 815 E. Oakton Street, addressed
the Committee of the Whole stating that she would like
to congratulate this church; it is beautiful; a real
asset to the community.
Moved by Brookman, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals
and Staff and recommend to the City Council re Zoning
Case 06-79-CU-V to grant request for existing place of
worship to construct a two (2)-story
administration/education addition and single-story
chapel to replace the existing chapel, and approve the
dome of the proposed chapel to reach a height of 55'
instead of the permitted 35', on property located at
2350 East Dempster Street in R-1 Single Family
Residential District; and Ordinance Z-42-06 be placed on
First Reading at appropriate time this evening. Motion
declared carried. Alderman Beauvais abstained (conflict
of interest) .
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Murphy, seconded by Argus, to adopt Ordinance
Z-40-06, AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-3
GENERAL COMMERCIAL TO C-4 REGIONAL SHOPPING FOR THE
PROPERTY LOCATED AT 1419 LEE STREET, DES PLAINES,
ILLINOIS (Case 04-92-PUD-A). Upon roll call, the vote
was:
AYES: 5-Murphy, Becker, Smith, Argus, Arredia
NAYS: 3-Beauvais, Christiansen, Brookman
ABSENT: 1-Sayad
Motion declared carried.
Moved by Becker, seconded by Murphy, to adopt Ordinance
Z-41-06, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A
PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) AND PERMITTED
PUD BULK EXCEPTIONS FOR 1419-1439 LEE STREET, DES
PLAINES, ILLINOIS (Case 06-92-PUD-A) . Upon roll call,
the vote was:
AYES: 5-Murphy, Becker, Smith, Argus, Arredia
NAYS: 3-Beauvais, Christiansen, Brookman
ABSENT: 1-Sayad
Motion declared carried.
Z-41-06
(Cont'd. )
WARRANT
REGISTER:
Resolution
R-150-06
2006
PROPERTY TAX
LEVY NOTICE:
Resolution
R-153-06
ZONING CASE
06-79-CU-V
CONDIT. USE
& VARIATION/
2350 E.
DEMPSTER:
Ordinance
Z-42-06
ADJOURNMENT:
J.~ I
11/20/06
PAGE SIX
Alderman Beauvais stated for the record that she voted
against this ordinance because of the drive-through for
the bank.
Moved by Smith, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-150-06, 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:
$4,909,800.06. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
Moved by Smith, seconded by Christiansen, to concur with
recommendation of Committee of the Whole that a public
hearing be held on December 4, 2006 to notify the public
that the City intends to consider a 2006 Property Tax
Levy of 5.8% or $23,674,226, and further recommend to
adopt Resolution R-153-06, A RESOLUTION OF THE CITY
COUNCIL TO NOTIFY THE PUBLIC THAT IT INTENDS TO HAVE A
2006 PROPERTY TAX LEVY. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
Moved by Becker, seconded by Brookman, to concur with
recommendation of Committee of the Whole, re Zoning Case
06-7 9-CU-V, to grant request for existing place of
worship to construct a two (2)-story
administration/education addition and single-story
chapel to replace the existing chapel, and approve the
dome of the proposed chapel to reach a height of 55'
instead of the permitted 35', on property located at
2350 East Dempster street in R-1 Single Family
Residential District; and further recommend to place on
First Reading Ordinance Z-42-06. Motion declared
carried. Alderman Beauvais abstained (conflict of
interest) .
Moved by Becker, seconded by Murphy, to advance to
Second Reading and adopt Ordinance Z-42-06, AN ORDINANCE
ALLOWING FOR A CONDITIONAL USE PERMIT TO AUTHORIZE THE
EXPANSION OF A PLACE OF WORSHIP IN ACCORDANCE WITH
SECTION 7.2-4 C. OF THE ZONING CODE, AS AMENDED, AND A
VARIATION TO SECTION 7.2-4 D. TO ALLOW THE CONSTRUCTION
OF A DOME AT A HEIGHT OF 55 FEET AT 2350 EAST DEMPSTER
STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote
was:
AYES: 6-Christiansen, Murphy, Brookman
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
ABSTAIN:l-Beauvais (conflict of interest)
Motion declared carried.
Moved by Becker, seconded by Smith, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meet~t 8:20 p.m. ~~!?pQ~
Donna McAllister, MMC CITY CLERK
APPROVE~o
DAY OF ~ , 2006
Anth~~~/·M~YOR