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03-05-2007192 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, MARCH 5, 2007 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, March 5, 2007. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus. Alderman Brookman was absent. Alderman Brookman arrived in Executive Session at 6:32 p.m. Also present were: Assistant City Manager Bajor, Assistant to the City Manager Palm, Director of Finance Simpson, Police Chief Prandini, Fire Chief Heavey, Assistant Director of Engineering Duddles, Director of Public Works Dusckett, Development Planner Gascoigne, Deputy Director of Community & Economic Development Angell and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER: PUBLIC HEARING/ 2007 APPROPRIAT . : CALL TO ORDER: DISCUSSION: Moved by Sayad, seconded by Murphy, to go Session to discuss setting price for property. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:00 p.m. into Executive sale-lease of Roll call indicated the following aldermen present; Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Deacon Jim Ernst, Our Lady of Hope Catholic Church, followed by the Pledge of Allegiance to the Flag. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY I MARCH 5 I 2007 Mayor Arredia called the Public Hearing to order at 7:04 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed Year 2007 Appropriations Ordinance for fiscal year beginning January 1, 2007, in the amount of $123,322,430. Director of Finance Simpson gave a brief overview. Mayor Arredia asked for comments from the aldermen and the public. There were none. There will be further action on this matter under Committee of the Whole later in the meeting. The Public Hearing adjourned at 7:06 p.m. The City Council reconvened at 7:07 p.m. CITIZEN PARTICIPA. : SETTING PRICE FOR SALE- LEASE OF PROPERTY/ ESSER COURT: CONSENT AGENDA: MINUTES: Consent Agenda PROHIBIT POTABLE GROUNDWATER/ 10 E. GOLF: Consent Agenda Ordinance M-7-07 SALE OF PUB. PERSONAL PROPERTY/ 3003 MANNHEIM: Consent Agenda Ordinance M-8-07 PAGE TWO 193 3/5/07 Ms. Kathryn Macaluso, 815 E. Oakton Street, addressed the City Council commending Firefighter Pete Dyer for the wonderful program he recently presented at Oakton Arms; she would like to encourage all residents to attend these programs; they are open to the public. Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder) warning residents along Oakton Street that they should be vigilant as their neighborhood is targeted to become the next TIF in Des Plaines; he urges citizens in Wards 2, 4, 6 and 8 to question the aldermanic candidates on the issue of too many TIF's and the abuse of eminent domain power that they use. Moved by Becker, seconded by Sayad, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding vacation of Esser Court, 2064 S. River Road, and report back to the City Council; final action will take place at a future City Council meeting in open session. Motion declared carried. Alderman Murphy requested that Items 7 and 7a be removed from the Consent Agenda; Alderman Brookman requested that Item 10 be removed; and Alderman Christiansen requested that Item 11 be removed. Moved by Beauvais, seconded by Becker, to establish a Consent Agenda except for Items 7, 7a, 10 and 11. Motion declared carried. Moved by Murphy, seconded by Brookman, 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 Motion declared carried. Staff recommendations and requests were approved; minutes were approved; Ordinance M-5-07 was adopted; Ordinances M-7-07, M-8-07 and Z-6-07 were placed on First Reading; and Resolutions R-35-07 and R-37-07 were adopted. Moved by Murphy, seconded by Brookman, to approve minutes of the regular meeting of the City Council held February 20, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to approve minutes of the Executive Session of the City Council meeting held February 20, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to prohibit the use of groundwater (well water) as a potable water supply by installation of or use of potable water supply wells or by any other method within 2,500' radius of property located at 10 W. Golf Road; and further recommend to place on First Reading Ordinance M-7-07, 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 10 WEST GOLF ROAD IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize sale of contents of 94 furnished rooms (televisions, beds, dressers and chairs) that are deemed no longer necessary or useful to or for the best interest of the City on City-owned property located at 3003 Mannheim Road (Travelodge), to KEEP, LLC, d/b/a Cooper Hotel Renovation Company, 1771c Dewes Street, Glenview, IL 60025, in the total amount of $2,350; authorize Mayor, City Manager and City Attorney to execute any documents necessary to perform said sale~ M-8-07 (Cont'd.) ZONING CASE 06-136-CU CONDIT. USE/ 2250 DEVON: Consent Agenda Ordinance Z-6-07 ENGRG. SVS./ OAKTON ST. RETENTION BAS IN IMPRV . : Consent Agenda Resolution R-35-07 FINAL PLAT/ 95 OAKWOOD: Resolution R-36-07 AGREEMENT/ AERIAL PHOTOGRAPHY GIS SYSTEM: Consent Agenda Resolution R-37-07 c.o. #1/ SANITARY SEWER CONNEC. LEVEE 50 1950 RAND: Consent Agenda PAGE THREE 194 3/5/07 and further recommend to place on First Reading Ordinance M-8-07, 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. Moved by Murphy, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 06-13 6-CU, to grant request for Conditional Use to permit a Child Care Center within an existing office park business in C-2 Limited Office Commercial District on property located at 2250 Devon Avenue; and further recommend to place on First Reading Ordinance Z-6-07, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-5 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A CHILD CARE CENTER TO OPERATE AT 2250 DEVON AVENUE, FIRST FLOOR, DES PLAINES, ILLINOIS (Case 06-136-CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute "Standard Form of Agreement Between Owner and Engineer for Professional Services" with Trotter and Associates, Inc., 16 N. First Avenue, St. Charles, IL 60174, to perform structural, electrical, mechanical and design services for replacement of storm water pumps at Oakton Street retention basin, in an amount not-to- exceed $69,032.75/2007 CIP; the proposal for this work was approved by the City Council on December 18, 2006; and further recommend to adopt Resolution R-35-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES ACCEPTING THE PROPOSAL FROM TROTTER AND ASSOCIATES, INC. FOR ENGINEERING SERVICES AT THE OAKTON STREET RETENTION BASIN AS PART OF THE 2007 CAPITAL IMPROVEMENT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to POSTPONE until March 19, 2007, discussion on approval of Final Plat for Adam Faliewicz' s First Addition to Des Plaines Subdivision, 95 Oakwood Avenue, and Resolution R-36-07, for further review by Staff. Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Agreement for Professional Services" with Ayres Associates, 1802 Pankratz Street, Madison, WI 53704, to perform Aerial Photography for the GIS System, in the amount not-to-exceed $32, 684/GIS Funds; it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-37-07, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN AYRES ASSOCIATES, INC. AND THE CITY OF DES PLAINES FOR AERIAL PHOTOGRAPHY FOR THE GIS SYSTEM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Change Order #1 to contract with Bolder Contractors, 440 Lake Cook Road, Deerfield, IL 60015, for East River Road-Bender Road Water and Sewer Improvements (approved by the City Council on December 18, 2006 in the amount of $1,100,988), to add construction of a new sanitary sewer connection to 1950 Rand Road (part of the Levee 50 Flood Control Project) in the amount of $39,725; City of Park Ridge will reimburse the City for 35% or $13, 903. 75 (pursuant to Levee 50 Sponsorship Agreement) for a total cost to the City of $25,821.25/Capital Projects Fund; for a new total contract amount of $1,140,713. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ 2007 STREET IMPROVEMENTS CONTRACT 1: BID AWARD/ 2007 FOREST- WOLF FLASH. BEACON INSTALLA. RETROFIT: APPOINTMENT/ REAPPOINT. : Consent Agenda ORDINANCE M-5-07 2007 COMPREHENSIVE PLAN: WARRANT REGISTER: 2007 APPROPRIA. : PAGE FOUR 195 3/5/07 Moved by Becker, seconded by Argus, to concur with Staff recommendation to award bid for 2007 Street Improvements -Contract 1 to the lowest bidder, Orange Crush, L.L.C., 321 S. Center Street, Hillside, IL 60162, in the total bid amount of $893,753/CDBG Fund. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to award bid for 2007 Forest- Wolf Flashing Beacon Installation Retrofit to the lowest bidder, H&H Electric Company, 2830 Commerce Street, Franklin Park, IL 60131, in the total bid amount of $11,186.30/Capital Projects Fund. 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 Brookman, to approve Mayoral appointment of Cynthia Mueller to the SPECIAL EVENTS COMMISSION, term to expire August 31, 2009, and Josephine Al-Naemy, Ronald Burton and Mary Dankowski to the YOUTH COMMISSION, terms to expire December 1, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to adopt Ordinance M-5-07, AN ORDINANCE ADOPTING THE COMPREHENSIVE LAND USE PLAN 2007 OF THE CITY OF DES PLAINES. 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 Christiansen, seconded by Smith, to recommend to the City Councikl aspproval of the March 5, 2007 - Warrant Register, in the total amount of $2,754,678; and further recommend that Resolution R-38-07 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad stated that the 2007 Appropriations include expenditures of $53,164,095, which is over approximately $130,000 of the total anticipated revenues of $53, 035, 003; the deficit could be taken from the surplus general funds. Assistant City Manager Bajor stated there are a number of options the City could take to defray the deficit in addition to taking it from the surplus general funds, i.e. the revenue from the Telecommunication Tax and new ambulance fees would balanced out the deficit. Alderman Argus stated that she will not be supporting the Telecommunication Tax or the ambulance fees; her residents are concerned about the actual costs; she asked Fire Chief Heavey what they actually were. Fire Chief Heavey said non-residents would pay $450 for basic life support and residents would pay $400; non-residents would pay $550 for advanced life support and residents would pay $500 (there would be no charge if the pati~ APPROPRIA. (Cont'd.) PAGE FIVE 196 3/5 /0 7 is not transported); and then there would be additional costs for mileage, oxygen, EKG, IV and immobilization. Alderman Brookman stated that she received a call from the Des Plaines Park District; they are concerned about the Telecommunication Tax; they will have to pass the cost along to the residents; she will be voting no on this tax; it is not necessary at this time; she is also concerned about the ambulance fee; residents may not call because they do not have insurance or money ; this is often a life-saving service; the level of the fee is excessive and also the additional charges; there is no clear policy on how these fees will be collected; she will be voting no on the ambulance fee; also we should resolve the fire station location before we add more personnel. Alderman Murphy asked if the City will have t o pay the Telecommunication Tax. Assistant City Manager Baj or said no, the City is exempt. Alderman Murphy stated that she is against the Telecommunication Tax; it is difficult to impose an ambulance fee but costs are escalating; if we want a fourth ambulance we need to find a way to pay for it; the City will work with the people for payment of the fees. Moved by Christiansen, seconded by Smith, to amend the 2007 Appropriations to increase the budget for the Special Events Commission to $100,000. Alderman Argus stated that she will continue to oppose giving money to this Commission; how does the Taste o f Des Plaines benefit our businesses; she is for helping our own businesses; we are already using public money for these events for our police, fire and public works personnel. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole questioning the funding for the Special Events Commission and their three (3) separate funds; what happens to the money the Commission might raise for a specific event if it is not all used? Assistant City Manager Bajor said it could be used for other events sponsored by the Special Events Commission. MOTION DECLARED FAILED (Aldermen Christiansen, Becker and Smith voted yes; Aldermen Beauvais, Murphy, Sayad, Brookman and Argus voted no). Moved by Smith, seconded bv Becker, to amend the 2007 Appropriations to add back the position of Assistant Director of Human Resources in the amount of $94,652 . MOTION DECLARED FAILED (Aldermen Becker and Smith vo ted yes; Aldermen Beauvais, Christiansen, Murphy , Sayad, Brookman and Argus voted no). Moved by Becker, seconded by Beauvais, to amend the 2007 Appropriations to add back the position of Homeland Security Director in the amount of $72,464. Upon roll call, the vote was: AYES: 3-Beauvais, Becker, Smith NAYS: 5-Christiansen, Murphy, Sayad, Brookman, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Becker, seconded by Beauvais, to ratify action taken at the Committee of the Whole meeting on February 8, 2007, that the 2007 Appropriations fund six (6) new Firefighter/Paramedics at a cost of $533,897 and one (1 ) new Ambulance at a cost of $272,350. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that he is not against hiring these six (6) people or buying the ambulance, but he thinks we should look at other items; he questione~ ===--==-==-=-=--========-====~~=----========~--=~~-=-c APPROPRIA. (Cont'd.) ZONING CASE 06-134-V RESIDENTIAL PROJECT/ 1382-1398 PRAIRIE: PAGE SIX 197 3/5/07 the exact number of new personnel needed; this seems to be a costly solution; there are other alternatives that should be looked at. Mr. Martin Moylan, 1405 Oakwood Avenue, addressed the Committee of the Whole stating that the additional personnel is necessary to keep pace with the growing population; residents are against privatizing the Fire Department. Alderman Murphy stated that she has come to the conclusion that the Fire Department Staff have done a lot of investigation on this matter; we don't have to wait for the Study; the ambulance is mobile; it can be at any station. Alderman Christiansen stated that he would like to only hire three (3) new Firefighter/Paramedics now and purchase the ambulance next year. Alderman Brookman stated that we should wait until we get the Fire Station Location Study. Alderman Argus stated that she is still concerned about the Eighth Ward; we should consider a satellite station out there. Moved by Beauvais, seconded by Becker, to call for the question. Motion declared carried. Upon roll call on Alderman Becker's motion, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Becker, Smith NAYS: 3-Christiansen, Brookman, Argus ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Becker, to recommend to the City Council approval of the 2007 Appropriations in the total amended amount of $116,732,829, of which the General Fund expenditures are $53,091,631; and Ordinance M-9-07 be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Smith NAYS: 3-Murphy, Brookman, Argus ABSENT: 0-None Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed this request to permit construction of a 40-unit condominium development with a lot area of 27,900 sq. ft. instead of a minimum lot area of 65, 500 sq. ft., allow no interior parking lot landscaping instead of 5% interior parking lot landscaping, and permit the development to have a 0'-0" (north) landscape buffer instead of the required 7'-0", on property located at 1382-1398 Prairie Avenue. Petitioner Ray Franczak and his attorney, Barry Collins, Tuttle, Vedral and Collins, 733 Lee Street, Des Plaines, addressed the Committee of the Whole and answered questions from the aldermen. Mr. Franczak stated that they are requesting no incentives from the City; they will contribute $20,000 to the improvement of the park at Lee Street and Prairie Avenue. Alderman Beauvais asked where the people will park who use to park in the lot that is there now. Mr. Franczak said there is a new parking deck in Metropolitan Square; he has agreed to enter into a shared parking agreeme~ PRAIRIE AVE. (Cont'd.) PAGE SEVEN 198 3/5/07 with the City if, at a future date, parking conditions have changed and a shared parking agreement becomes necessary; he is providing the required parking spaces per dwelling in this project. Mr. William Maher, 872 Mason Lane, addressed the Committee of the Whole asking that this request be denied; this is a 50% increase in required lot size; he thinks Mr. Franczak is being unreasonable to request this size condo building; how many people will walk over to the new parking deck to park; they won't. Mr. Martin Moylan, 1405 Oakwood Avenue, addressed the Committee of the Whole asking how many more homes are going to be torn down to make way for development; you should change the ordinance to require more green space and more of a set back for future development. Ms. Kathy Krus, 888 Mason Lane, addressed the Committee of the Whole stating that this meeting was not well publicized; you are letting the residents down; she is against this project; it is way too dense; way too high; there is going to be less public parking available. Mrs. Susan Casson, 700 Graceland Avenue, addressed the Committee of the Whole stating that she has attended several meetings; she also opposes this project because of the density and parking; she hopes the City will not permit this building to go up. Mr. Clarence Casson, 700 Graceland Avenue, addressed the Committee of the Whole stating that his condo unit over looks the parking lot across the street from the proposed site; this lot is always 70% occupied Monday through Friday. Ms. Lillian Dombrowski, 700 Graceland Avenue, addressed the Committee of the Whole stating that the parking lot across from the proposed site is not empty; the proposed site is too small for this project; she is totally against this project. Mr. William Maher, 872 Mason Lane, addressed the Committee of the Whole stating that the parking lot across the street from the proposed site is not a good alternative; there is a scarcity of parking. Moved by Murohv, seconded by Beauvais, to recommend to the City Council, re Zoning Case 06-134-V, to grant request for Variations to permit construction of a 40- unit condominium development with a lot area of 27,900 sq. ft. instead of a minimum lot area of 65,500 sq. ft.; permit no interior parking lot landscaping instead of 5 % interior parking lot landscaping; permit development to have 0' -0" (north) landscape buffer instead of the required 7'-0"; and further require that the petitioner enter into a shared parking agreement for 20 additional spaces and the petitioner contribute $20, 000 for the improvement of the park at Lee Street and Prairie Avenue. Upon roll call, the vote was: AYES: 4-Beauvais, Christiansen, Murphy, Brookman NAYS: 4-Sayad, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote) . Moved by Sayad, seconded by Argus, to recommend to the City Council, re Zoning Case 06-134-V, to grant request for Variations to permit construction of a 40-unit condominium development, with conditions, with a lot area of 27,900 sq. ft. instead of a minimum lot area of 65,500 sq. ft.; permit no interior parking lot landscaping instead of 5 % interior parking lot landscaping; permit development to have 0' -0" (north) landscape buffer instead of the required 7 '-0"; and further require that the petitioner contribute $20,000h1 for the improvement of the park at Lee Street and "'' PRAIRIE AVE . (Cont'd.) REDEVELOPMENT AGREEMENT/ HARP D.P. LLC 2800 MANNHEIM - TIF #6: O'HARE CORRIDOR PRIVILEGE TAX/2800 MANNHEIM - TIF #6: ORDINANCE M-6-07 TELECOMMUNI. TAX: PAGE EIGHT 199 3/5/07 Prairie Avenue; and further recommend to place on First Reading Ordinance Z-7-07 at appropriate time this evening. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 2-Beauvais, Brookman ABSENT: 0-None Motion declared carried. Alderman Becker reviewed this request from Harp Des Plaines LLC for a redevelopment agreement with the City prior to approval of their final PUD for construction of two (2) hotels on property located at 2800 Mannheim Road in TIF District #6 so they can get approval of their financing and move the project forward; Harp Des Plaines LLC is not asking for any TIF increment financing, but they are requesting that the City increase the O'Hare Corridor Privilege Tax by 1% and rebate the revenue generated by room rentals back to Harp Des Plaines LLC for reimbursement to the City for construction costs. Petitioner Tim Franzen, The Harp Group, Two Mid America Plaza, Suite 6 04, Oakbrook Terrace, IL 60181, and his attorney Pat Brankin, 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. Martin Moylan, 1405 Oakwood Avenue, addressed the Committee of the Whole asking why the City should raise this tax to help build these hotels; let's redirect this money for a new police station or fire station. Moved by Sayad, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council to approve the redevelopment agreement with Harp Des Plaines LLC regarding the hotel developments on property located at 2800 Mannheim Road in TIF District #6; and Resolution R-158-06 be adopted at appropriate time this evening. Motion declared carried. Alderman Beauvais voted present. Alderman Becker stated that the increase in the O'Hare Corridor Privilege Tax by 1 % (from 3 % to 4%) will be in conjunction with the hotel development proposed by Harp Des Plaines LLC on property located at 2800 Mannheim Road in TIF District #6; the revenue generated by room rentals will be rebated back to Harp Des Plaines LLC for reimbursement to the City for construction costs. Moved by Murphy, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council that the O'Hare Corridor Privilege Tax be increased from 3% to 4% for hotels and motels located within the Mannheim- Higgins Tax Increment Financing District TIF #6, bounded by Mannheim Road, Higgins Road and the Wisconsin Central Railroad; and Ordinance M-66-06 be placed on First Reading at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Christiansen, to adopt Ordinance M-6-07, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 3, "MUNICIPAL OCCUPATION TAXES" BY ADDING ARTICLE I., "MUNICIPAL TELECOMMUNICATIONS TAX" TO THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Becker, Smith, Arredia NAYS: 4-Murphy, Sayad, Brookman, Argus ABSENT: 0-None Motion declared carried. WARRANT REGISTER: Resolution R-38-07 2007 APPROPRIA. - AS AMENDED: Ordinance M-9-07 ZONING CASE 06-134-V RESIDENTIAL PROJECT/ 1382-1398 PRAIRIE: Ordinance Z-7-07 REDEVELOPMENT AGREEMENT/ HARP D.P. LLC 2800 MANNHEIM - TIF #6: Resolution R-158-06 O'HARE CORRIDOR PRIVILEGE TAX/2800 MANNHEIM - TIF #6: Ordinance M-66-06 PAGE NINE 200 3/5/07 Moved by Sayad, seconded by Murphy, to concur with reconunendation of Conunittee of the Whole to adopt Resolution R-38-07, 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: $2,754,678. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Becker, to concur with recommendation of Committee of the Whole to approve 2007 Appropriations in the total amended amount of $116,732,829, of which the General Fund expenditures are $53,091,631; and place on First Reading Ordinance M-9- 07, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Smith NAYS: 3-Murphy, Brookman, Argus ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Christiansen, to concur with recommendation of Conunittee of the Whole, re Zoning Case 06-134-V, to grant request for Variations to permit construction of a 40-unit condominium development, with conditions, with a lot area of 27,900 sq. ft. instead of a minimum lot area of 65,500 sq. ft.; permit no interior parking lot landscaping instead of 5% interior parking lot landscaping; permit development to have 0'-0" (north) landscape buffer instead of the required 7'-0"; require that the petitioner contribute $20,000 for the improvement of the park at Lee Street and Prairie Avenue; and further reconunend to place on First Reading Ordinance Z-7-07, AN ORDINANCE AUTHORIZING TWO MAJOR VARIATIONS TO SECTION 7.3-8 E. AND 10.8-2 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF A 40-UNIT CONDOMINIUM DEVELOPMENT WITH A LOT AREA OF 27,900 SQUARE FEET WITH NO INTERIOR PARKING LOT LANDSCAPING AT 1382-1398 PRAIRIE AVENUE, DES PLAINES, ILLINOIS. Motion declared carried (Alderman Beauvais voted no) . Moved by Becker, seconded by Christiansen, to concur with reconunendation of Committee of the Whole to approve the redevelopment agreement with Harp Des Plaines LLC, Two Mid America Plaza, Suite 604, Oakbrook Terrace, IL 60181, regarding the hotel developments on property located at 2800 Mannheim Road in TIF District #6; and adopt Resolution R-158-06, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND HARP DES PLAINES, LLC FOR THE REDEVELOPMENT AND CONSTRUCTION OF TWO HOTELS AT MANNHEIM ROAD AND PRATT AVENUE. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 1-Beauvais ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole that the O'Hare Corridor Privilege Tax be increased from 3% to 4% for hotels and motels located within the Mannheim-Higgins Tax Increment Financing District -TIF #6, bounded by Mannheim Road, Higgins Road and the Wisconsin Central Railroad; and further recommend to place on First Reading Ordinance M-66-06. Upon roll call, the vote was: M-66-06 (Cont'd.) ORDINANCE M-9-07 2007 APPROPRIA. - AS AMENDED: ZONING CASE 06-134-V RESIDENTIAL PROJECT/ 1382-1398 PRAIRIE: Ordinance Z-7-07 ADJOURNMENT: PAGE TEN AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 1-Beauvais ABSENT: 0-None Motion declared carried. 201 3/5/07 Moved by Becker, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-66-06, AN ORDINANCE INCREASING THE O'HARE CORRIDOR PRIVILEGE TAX FROM THREE PERCENT (3 %) TO FOUR PERCENT (4 %) UPON HOTELS AND MOTELS LOCATED WITHIN MANNHEIM/HIGGINS TIF #6 IN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 2-Beauvais, Brookman ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Beauvais, to advance to Second Reading and adopt Ordinance M-9-07, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007. Upon roll call, the vote was: AYES: 4-Beauvais, Christiansen, Becker, Smith NAYS: 4-Murphy, Sayad, Brookman, Argus ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote) . Moved by Sayad, seconded by Becker, to advance to Second Reading and adopt Ordinance Z-7-07, AN ORDINANCE AUTHORIZING TWO MAJOR VARIATIONS TO SECTION 7.3-8 E. AND 10.8-2 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF A 40-UNIT CONDOMINIUM DEVELOPMENT WITH A LOT AREA OF 27,900 SQUARE FEET WITH NO INTERIOR PARKING LOT LANDSCAPING AT 1382-1398 PRAIRIE AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 4-Sayad, Becker, Smith, Argus NAYS: 4-Beauvais, Christiansen, Murphy, Brookman ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote) . Moved by Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:10 p.m. ~-)A~ Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS DAY;;~ ~redia, ' 2007 MAYOR