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12-04-2006138 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, DECEMBER 4, 2006 CALL TO ORDER: The regular meeting of the City Council of the City o f Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:05 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 4, 2006. ROLL CALL: Roll call indicated the following aldermen present: Sayad, Becker, Smith, Argus. Aldermen Beauvais, Christiansen, Murphy and Brookman were absent. Alderman Beauvais arrived in Executive Session at 6:22 p.m. Alderman Murphy arrived in Executive Session at 6:40 p.m. Alderman Brookman arrived in Executive Session at 7 :06. 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: PLEDGE OF ALLEGIANCE: RECOGNITION: PUBLIC HEARING/ 2006 TAX LEVY: CALL TO ORDER: Moved by Sayad, seconded by Argus, to go into Executi ve Session to discuss collective bargaining and pending litigation. Upon roll call, the vote was: AYES: 5-Sayad, Becker, Smith, Argus, Arredia NAYS: 0-None ABSENT: 4-Beauvais, Christiansen, Murphy, Brookman Motion declared carried. The City Council recessed at 6:06 p.m. The City Council reconvened at 7:10 p.m. Roll call indicated the following aldermen present; Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by City Clerk McAllister. Mayor Arredia introduced the 3 ~ and 4th Grade students from South School who performed a spoken version of the Pledge of Allegiance; South School was recently named "No Child Left Behind Blue Ribbon School" by the U.S. Department of Education. Mayor Arredia recognized Des Plaines Veterans of Foreign Wars Post #2992 and its members who were recent recipients of the 2006 Governor's Home Town Award for Veterans Involvement; the award was given for their "Support the Troops" programs in 2005. Mayor Arredia recognized resident John Burke for being the recipient of the Illinois Humanities Council Studs Terkel Humanities Service Award for 2006; he is being honored for contributing to the quality of life for the whole community through his extraordinary efforts on behalf of the Des Plaines Public Library and the Des Plaines Historical Society. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 4, 2006 Mayor Arredia called the Public Hearing to order at 7:27 p.m. The Public Hearing was being held pursuant to legal ----=:c-:-::-=c=-=====n=o=t=i=c=e=to discuss the proposed property tax levy increa,. TAX LEVY (Cont'd. ) DISCUSSION: CITIZEN PARTICIPA. : PENDING LITIGATION/ HARDIN PAVING V. CITY: REDEVELOP. AGREEMENT/ THE HARP GP. 2800 s. MANNHEIM: CONSENT AGENDA: PAGE TWO 139 12/4/06 for the City of Des Plaines for 2006 tax year levy, in the amount of $24,993,756, which represents a 4.2% increase over the previous year. Assistant City Manager/Director of Human Resources Bajor gave a PowerPoint presentation regarding the reasons for the tax levy, i.e. personnel, contractual services and commodities to provide services to the residents of Des Plaines. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking what was the point of this Public Hearing. City Manager Niemeyer said because it is required by law. Mr. Burkross questioned how he can intelligently comment of this matter without some information; it should have been made available to the public. There were no further comments from the aldermen and the public. There will be further action on this matter under Committee of the Whole later in the meeting. The Public Hearing was adjourned at 7:49 p.m. The City Council reconvened at 7:50 p.m. Ms. Kathryn Macaluso, 815 E. Oakton Street, addressed the City Council regarding the Riviera project being planned on Oakton Street; she is very concerned about the height of the building at nine ( 9) stories; it would be a monstrosity; she is truly outraged that the owner is requesting a TIF to pay for this project; funding a private project is not something residents should be asked to do. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he would like to see the i terns coming before the City Council before the meeting. City Clerk McAllister said there is a public review packet at the Des Plaines Library and in her off ice the Wednesday before every City Council meeting. Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council regarding the recent TIF referendum; in spite of the results of the election, the City Council seems determined to pursue this TIF; in this joyous Christmas season, we pray you will give back the freedom to residents to live and work in the five (5)-corners area; we have faith you will do the right thing. Moved by Murphy, seconded by Sayad, to concur with consensus in Executive Session that Staff be authorized to proceed at directed regarding the Hardin Paving v. City law suit. Motion declared carried. Moved by Becker, seconded by Argus, to REFER BACK TO STAFF the matter of a redevelopment agreement with The Harp Group (formerly LaQuinta Inns, Inc.), 2800 S. Mannheim Road, and Resolution R-158-06 and Ordinance M-66-06. Motion declared carried. Alderman Beauvais requested that Items 25 and 25a be removed from the Consent Agenda. Moved by Murphy, seconded by Sayad, to establish a Consent Agenda except for Items 25 and 25a. Motion declared carried. Moved by Brookman, seconded by Beauvais, to approve Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. the CON. AGENDA (Cont'd. ) MINUTES: Consent Agenda YEAR 2006 TAX LEVY/ SPEC. SVS. AREA #3: Consent Agenda Ordinance M-46-06 YEAR 2006 TAX LEVY/ SPEC. SVS. AREA #4: Consent Agenda Ordinance M-47-06 YEAR 2006 TAX LEVY/ SPEC. SVS. AREA #5: Consent Agenda Ordinance M-48-06 YEAR 2006 TAX LEVY/ SPEC. SVS. AREA #6: Consent Agenda Ordinance M-49-06 YEAR 2006 TAX LEVY/ SPEC. SVS. AREA #7: Consent Agenda Ordinance M-50-06 140 12/4/06 PAGE THREE Staff recommendations and requests were approved; minutes were approved; Ordinances M-46-06, M-47-06, M-48-06, M-4 9 -0 6 , M-5 0 -0 6 , M-51-0 6 , M - 5 2 -0 6 , M-5 3 -0 6 , M-5 4 -0 6 , M-55-06, M-56-06, M-57-06, M-58-06, M-59-06, M-60-06, M-61-06, M-62-06, M-63-06, M-64-06, T-10-06, T-11-06 and Z-43-06 were placed on First Reading; and Resolution R- 155-06 was adopted. Moved by Brookman, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held November 20, 2006, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to approve minutes of the Exe cu ti ve Session of the City Council held November 20, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to approve Year 2006 Tax Levy for Special Service Area Number Three (Cumberland Townhomes, 140-150 Northwest Highway) in the amount of $10,034, as provided in Ordinance M-42-94, and further recommend to place on First Reading Ordinance M-46-06, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THREE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to approve Year 2006 Tax Levy for Special Service Area Number Four (Woodland Townhomes, 1560-1568 Woodland Avenue) in the amount of $2,000, as provided in Ordinance M-11-95; and further recommend to place on First Reading Ordinance M-47-06, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to approve Year 2006 Tax Levy for Special Service Area Number Five (Westfield Lane Water Main) in the amount of $3,782, as provided in Ordinance M-30-03; and further recommend to place on First Reading Ordinance M-48-06, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to approve Year 2006 Tax Levy for Special Service Area Number Six ( 2150-21 72 Chestnut Street Parking Lot), in the amount of $981, as provided in Ordinance M-73-04; and further recommend to place on First Reading Ordinance M-49-06. AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SIX OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to approve Year 2006 Tax Levy for Special Service Area Number Seven (Woodland Townhomes Parking Lot) in the amount of $12,000, as provided in Ordinance M-35-05; and further recommend to place on First Reading Ordinance M-50-06, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL~ M-50-06 (Cont'd. ) ABATEMENTL YEAR 1996A GO BONDS: Consent Agenda Ordinance M-51-06 ABATEMENTL YEAR 1998 GO BONDS: Consent Agenda Ordinance M-52-06 ABATEMENTL YEAR 1999 GO BONDS: Consent Agenda Ordinance M-53-06 ABATEMENTL YEAR 2000 GO BONDS: Consent Agenda Ordinance M-54-06 ABATEMENTL YEAR 2001 GO BONDS: Consent Agenda Ordinance M-55-06 ABATEMENTL YEAR 2001B YEAR 2001C GO BONDS: Consent Agenda Ordinance M-56-06 ABATEMENTL 2002A GO BONDS: Consent Agenda Ordinance M-57-06 & 141 12/4/06 PAGE FOUR YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 1996A General Obligation Corporate Purpose Bonds in the amount of $463,220, as provided in Ordinance M-64-96; and further recommend to place on First Reading Ordinance M-51-06, ABATEMENT OF THE 2006 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS SERIES 1996A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 1998 General Obligation Corporate Purpose Bonds in the amount of $1,035,787.50, as provided in Ordinance M-24-98; and further recommend to place on First Reading Ordinance M-52-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 1998 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 1999 General Obligation Corporate Purpose Bonds in the amount of $ 902, 4 4 3. 7 6, as provided in Ordinance M-6-99; and further recommend to place on First Reading Ordinance M-53-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 1999 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2000 General Obligation Corporate Purpose Bonds in the amount of $421,497.50, as provided in Ordinance M-25-00; and further recommend to place on First Reading Ordinance M-54-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2001 General Obligation Corporate Purpose Bonds in the amount of $37 3, 2 8 0, as provided in Ordinance M-30-01; and further recommend to place on First Reading Ordinance M-55-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2001A and Year 2001C General Obligation Corporate Purpose Bonds in the amount of $1, 020, 875 for Series 2001B and $309, 810 for Series 2001C, as provided in Ordinance M-72-01; and further · recommend to place on First Reading Ordinance M-56-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B AND SERIES 2001C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2002A General Obligation Corporate Purpose Bonds in the amount of $107,822.82, as provided in Ordinance M-28-02; and further recommend to place on First Reading Ordinance M-57-06, ABATEMENT OF THE 2006 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2002A. Motion declared carried as approved unanimously under Consent Agenda. ~ ABATEMENT/ YEAR 2003A & YEAR 2003C GO BONDS: Consent Agenda Ordinance M-58-06 ABATEMENTL YEAR 2003B GO BONDS: Consent Agenda Ordinance M-59-06 ABATEMENTL YEAR 20030 GO BONDS: Consent Agenda Ordinance M-60-06 ABATEMENTL YEAR 2004A YEAR 2004B GO BONDS: Consent Agenda Ordinance M-61-06 ABATEMENTL YEAR 2005A YEAR 2005B YEAR 2005C GO BONDS: Consent Agenda Ordinance M-62-06 ABATEMENTL YEAR 2005E YEAR 2005F YEAR 2005G GO BONDS: Consent Agenda Ordinance M-63-06 ABATEMENTL YEAR 20050 GO BONDS: Consent Agenda Ordinance M-64-06 & & & PAGE FIVE 142 12/4/06 Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2003A and Year 2003C General Obligation Corporate Purpose Bonds in the amount of $541,507.50 for Series 2003A and $124,207.50 for Series 2003C, as provided in Ordinance M-4 3-03; and further recommend to place on First Reading Ordinance M-58-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A AND SERIES 2003C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2003B General Obligation Corporate Purpose Bonds in the amount of $84,069.29, as provided in Ordinance M-45-03; and further recommend to place on First Reading Ordinance M-59-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE REFUNDING BONDS, SERIES 2003B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2003D General Obligation Corporate Purpose Bonds in the amount of $543,777.50, as provided in Ordinance M-58-03; and further recommend to place on First Reading Ordinance M-60-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2003 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2004A and Year 2004B General Obligation Corporate Purpose Bonds in the amount of $753,543.76 for Series 2004A and $829, 120 for Series 2004B, as provided in Ordinance M-2 9-04; and further recommend to place on First Reading Ordinance M-61-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2004 GENERAL OBLIGATION BONDS, SERIES 2004A AND SERIES 2004B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2005A, Year 2005B and Year 2005C General Obligation Corporate Purpose Bonds in the amount of $247,737.50 for Series 2005A, $41,025 for Series 2005B and $246,037.50 for Series 2005C, as provided in Ordinance M-70-04; and further recommend to place on First Reading Ordinance M-62-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005A, SERIES 2005B AND SERIES 2005C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2005E, Year 2005F and Year 2005G General Obligation Corporate Purpose Bonds in the amount of $881,212.50 for Series 2005E, $224,437.50 for Series 2005F and $48,750 for Series 2005G, as provided in Ordinance M-20-05; and further recommend to place on First Reading Ordinance M-63-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005E, SERIES 2005F AND SERIES 2005G. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize abatement of Year 2005D General Obligation Corporate Purpose Bonds in the amount of $671,547.50, as provided in Ordinance M-92-04 (which authorized the refunding of the 1998 GO Bonds); and further recommend to place on First Reading Ordinance M-64-06, ABATEMENT OF THE 2006 TAX LEVY FOR THE 2005 TAXABLE GENERAL OBLIGATION REFUNDING BONDS,r;;J0- M-64-06 (Cont'd. ) PARKING RESTRICTION/ DOVER AND PENNSYLVANIA: Consent Agenda Ordinance T-10-06 PARKING RESTRICTION/ DOVER DRIVE: Consent Agenda Ordinance T-11-06 ZONING CASE 06-114-V VARIATION/ 2099 MINER: Consent Agenda Ordinance Z-43-06 FINAL PLAT/ 1420 WEDGEWOOD: Resolution R-154-06 IEMA CITIZEN CORPS GRANT/ POLICE EQUIPMENT: Consent Agenda Resolution R-155-06 ALERTS SYS. AGREEMENT/ POLICE DEPT . : Consent Agenda PAGE SIX 143 12/4/06 SERIES 20050. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title 7, Chapter 3, Section 9 "Residential Parking Only" of the City Code to add the south side of Dover Drive from west property line of 255 Dover Drive to west property line of 93 Dover Drive, and both sides of Pennsylvania Avenue from Oakton Street north to Dover Drive, as Residential Parking Only; and further recommend to place on First Reading Ordinance T- 10-06, AN ORDINANCE .AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 9, "RESIDENTIAL PARKING ONLY," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title 7, Chapter 3, Section 3 -"Parking Prohibited in Designated Places" of the City Code to add that parking be prohibited on the north side of Dover Ori ve from Marshall Ori ve to Mt. Prospect Road; and further recommend to place on First Reading Ordinance T- 11-06, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 3, "PARKING PROHIBITED IN DESIGNATED PLACES," SCHEDULE I, OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals , re Zoning Case 06-114-V, to grant request for Variation to permit construction of a monument sign on the same site as an existing pole sign contingent upon the sign having a setback of 7' from the Miner Street (north ) property line, in C-2 Limited Office Commercial District on property located at 2099 Miner Street; and further recommend to place on First Reading Ordinance Z-43-06, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 11.6 B. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A MONUMENT SIGN IN CONJUNCTION WITH A POLE SIGN AT 2099 MINER STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to POSTPONE until December 18, 2006, approval of the Final Plat for Pandya Estates Subdivision, 1420 Wedgewood Avenue and Resolution R-154-06. Motion declared carried. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize City to accept Illinois Emergency Management Agency/Citizen Corps Grant in the amount of $6,500; monies to be used to purchase traffic trailer and essential equipment necessary to respond to a homeland security or natural disaster in Des Plaines; and further recommend to adopt Resolution R-155-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE ILLINOIS EMERGENCY MANAGEMENT AGENCY AND THE CITY OF DES PLAINES FOR A GRANT IN THE AMOUNT OF $6,500. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize payment to Illinois Public Safety Agency Network, 231963 Momentum Place, Chicago, IL 60689, for ALERTS System for Police Mobile Data Terminal, January 1, 2007 through July 1, 2007, in the amount of $10, 342/2007 Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. f- PATIO VARIATION/ 616 DEBRA DRIVE: Consent Agenda PARKING PAD VARIATION/ 2649 SCOTT: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE T-10-06 PARKING RESTRICTION/ DOVER AND PENNSYLVANIA: ORDINANCE T-11-06 PARKING RESTRICTION/ DOVER DRIVE: ORDINANCE Z-43-06 VARIATION/ 2099 MINER: PAGE SEVEN 144 12/4/06 Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to grant request for an after-the- f act Variation to Section 4-7-11 of the Building Code Amendments, for property located at 616 Debra Drive, to permit a 21' -6" x 10' addition to existing concrete patio with brick pavers (Code prohibits patios from extending more than 15' from the building foundation); contingent upon petitioner paying a $150 fine for building without a permit. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, 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 8' x 68' parking pad to the side of existing driveway on property located at 2649 Scott Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2006 Emergency Vehicle Preemption Systems, returnable by 3:00 p.m., Friday, December 29, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Murphy, to advance to Second Reading and adopt Ordinance T-10-06, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 9, "RESIDENTIAL PARKING ONLY," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Argus, seconded by Murphy, to advance to Second Reading and adopt Ordinance T-11-06, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 3, "PARKING PROHIBITED IN DESIGNATED PLACES," SCHEDULE I, OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Becker, seconded by Brookman, to advance to Second Reading and adopt Ordinance Z-43-06, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 11.6 B. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A MONUMENT SIGN IN CONJUNCTION WITH A POLE SIGN AT 2099 MINER STREET, DES PLAINES, ILLINOIS (Case 06-114-V). Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair WARRANT REGISTER: 2006 ESTIMATED TAX LEVY: PAGE EIGHT 145 12/4/06 Moved by Smith, seconded by Murphy, to recommend to the City Council approval of the December 4, 2006 -Warrant Register, in the total amount of $3,065,499.05, and further recommend that Resolution R-157-06 be adopted at appropriate time this evening. Motion declared carried. Assistant City Manager/Director of Human Resources Bajor gave a PowerPoint presentation regarding the proposed estimated 2006 Tax Levy; the Illinois Property Tax Extension Limitation Law (PTELL) requires that the City adopt a tax levy ordinance and file it with the County Clerk's Office by the last Tuesday in December (December 26, 2006); the City retains the option of reducing the levy amount even after it is approved and filed with the County Clerk's Office through the subsequent approval and filing of an abatement ordinance prior to June 1, 2007. Assistant City Manager/Director of Human Resources Bajor stated that Staff is recommending a 4.23% 2006 Tax Levy in the amount of $24,993,756; which is a $1,015,207 or 4.23% increase in the 2005 tax extension. Alderman Sayad stated that he is very uncomfortable with this because we don't have a budget yet; he doesn't think he can vote for this tonight; he wants to see a budget first; he doesn't think we can go any further. Alderman Argus stated that she agrees with Alderman Sayad; she would feel better if she could see a budget; could the Staff give us something by December 18, 2006. Alderman Smith stated that the City has a deadline i t has to meet; we do have some numbers to go on t onight ; he is not that uncomfortable setting a tax levy number tonight; we have to face the reality that we don't have a budget tonight; he does not have a problem with placing the ordinance on First Reading tonight. Alderman Becker asked how close are we to having a budget. Assistant City Manager Bajor said Staff could provide a "thumbnail" picture by December 18 , 2006. Alderman Brookman stated that she thinks the City Manager should have come to the City Council f o r direction not Jason Bajor or Eric Palm; Jason and Eric are doing a "yeoman's job"; she would feel very remiss moving forward tonight; she understands this is not a final vote tonight and we do have to collect some taxes to pay our expenditures; please give us something by December 18, 2006. Alderman Murphy stated that she agrees with almost a ll that has been said tonight, but we are between a "roc k and a hard place"; it is wrong to expect the City Council to approve this but we know we have to; she would suggest that between now and Second Reading of this ordinance, we receive a copy of salaries and benefits because that is 80% of the budget. Moved by Smith, seconded by Beauvais, to concur with Staff and recommend to the City Council to approve the 2006 Property Tax Levy in the amount of $24, 003, 756 (4.23%), and Ordinance M-65-06 be placed on First Reading at appropriate time this evening. Motion declared carried (Aldermen Beauvais, Murphy, Smith, Argus voted yes; Aldermen Sayad, Brookman, Becker voted no) . COMMUNITY DEVELOPMENT -Alderman Becker, Chair ASSIGNMENT/ BUSINESS DEVELOPMENT AGREEMENT 855 RAND RD. : MINUTES/ 11/20/061 146 12/4/06 PAGE NINE Alderman Becker reviewed this matter regarding the request from Midway Kia, Inc. for assignment of City's Business Development Agreement with Gateway Imports, Inc. for property located at 855 Rand Road (approved by the City Council on June 16, 2003 -Resolution R-74-03); for operation of a new and used car auto dealership; this assignment would adjust the base amount and rebates related to this dealership; this assignment is stronger for the City. A general discussion was held as to whether the City has given these considerations to other businesses; are these considered incentives. Alderman Becker stated we have done this in the past for other businesses; i.e. Sam's Club, Cisco, O'Hare Honda, Mancari. Moved by Brookman, seconded by Sayad, to recommend to the City Council that the request for assignment of Business Development Agreement for property located at 855 Rand Road to Midway Kia, Inc. Be REFERRED BACK TO STAFF for further review. Petitioner Mario Weber, 4747 S. Pulaski Road, Chicago, IL 60632 and Attorney Kevin Wolfberg, Schain, Burney, Ross & Citron, Ltd., 222 N. LaSalle Street, Suite 1910, Chicago, IL 60601, addressed the Committee of the Whole and answered questions from the aldermen. Mr. Weber stated that Midway Kia, Inc. will bring a great record with lots of experience to Des Plaines; they have made a considerable investment and are committed to making this business succeed. Moved by Murphy, seconded by Sayad, to make a SUBSTITUTE MOTION to recommend to the City Council to approve assignment of Business Development Agreement with Gateway Imports, Inc. (approved by the City Council on June 16, 2003 -Resolution R-74-03) to Midway Kia, Inc. for operation of a new and used car auto dealership on property located at 855 Rand Road; and Resolution R-159- 06 be adopted at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith seconded by Brookman, to approve amendment to minutes of the regular meeting of the City Council held November 20, 2006, as follows: Page Seven - "Ordinance M-42-06," after Paragraph One, add: "Alderman Smith stated: This is a question, is our voting tonight on this issue not also considered electioneering since we are stating our opinion by the vote? City Attorney Wiltse stated: I have not had the opportunity to research the answer to this question. I do not think so, but if you vote to allow the dialog, then I think we may have a problem." Motion declared carried. Moved by Brookman, seconded by Murphy, to approve minutes of the regular meeting of the City Council held November 20, 2006 AS AMENDED. Motion declared carried. WARRANT REGISTER: Resolution R-157-06 2006 ESTIMATED TAX LEVY: Ordinance M-65-06 ASSIGNMENT/ BUSINESS DEVELOPMENT AGREEMENT 855 RAND RD. : Resolution R-159-06 ADJOURNMENT: APPROVE DAY OF 147 12/4/06 PAGE TEN Moved by Sayad, seconded by Murphy, to concur with recommendation of Committee of the Whole to adopt Resolution R-157-06, 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: $3,065,499.05. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole to approve the 2006 Property Tax Levy in the amount of $24, 003, 756 (4.23%), and further recommend to place on First Reading Ordinance M-65-06, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007. Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Smith, Argus, Arredia NAYS: 3-Sayad, Brookman, Becker ABSENT: 1-Christiansen Motion declared carried. Moved by Becker, seconded by Brookman, to concur with recommendation of Committee of the Whole to approve assignment of Business Development Agreement with Gateway Imports, Inc. (approved by the City Council on June 16, 2003 -Resolution R-74-03) to Midway Kia, Inc. for operation of a new and used car auto dealership on property located at 855 Rand Road; and further recommend to adopt Resolution R-159-06, A RESOLUTION ACCEPTING ASSIGNMENT OF A BUSINESS DEVELOPMENT AGREEMENT BETWEEN GATEWAY IMPORTS, INC. AND THE CITY OF DES PLAINES TO MIDWAY KIA, INC. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Beauvais, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:24 p.m. ~~ Donna McAllister, MMC CITY CLERK Anthony W. Arredia, MAYOR