03-19-2007202
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 19, 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 7:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, March 19, 2007.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith and Argus.
Also present were: City Manager Niemeyer, Director of Finance Simpson,
Deputy Police Chief Schneider, Fire Chief Heavey, Deputy Fire Chief
Jaeger, Deputy Fire Chief Zern, Director of Engineering Oakley, Director
of Public Works Dusckett, Development Planner Gascoigne, Deputy Director
of Community & Economic Development Angell, Assistant City Attorney
Bartel and City Attorney Wiltse.
PRAYER AND
PLEDGE:
CITIZEN
PARTICIPA. :
CONSENT
AGENDA:
The opening prayer was given by Reverend Steve Hjelle,
Evangelical Free Church, followed by the Pledge of
Allegiance to the Flag.
Mrs. Rhonda Popko, 33B Harding Avenue, addressed the City
Council stating that the Des Plaines Arts Council will
be sponsoring A Rain Garden Symposium at the Science &
Arts Academy, 1B25 Miner Street, on Saturday, April 21,
2007 from 11:00 a.m. to 1:00 p.m.; she encouraged
residents to come and learn how to install a rain garden,
how to purchase native plants and learn about rain
barrels, and ways to help keep our creeks and rivers from
becoming more polluted.
Phil, who lives at 446 W. Touhy Avenue, Lot #393,
addressed the City Council stating his concerns about
illegal aliens and the benefits they are getting -social
security cards and credit cards; we have to follow the
rules; we are not treated the same; something is wrong
and we have to get a handle on this; let's work together
on this.
Alderman Smith requested that Items 3 and 3a be removed
from the Consent Agenda; Alderman Murphy requested that
Items 6, 6a, B and Ba be removed; Alderman Brookman
requested that Items 9, 9a and 13 be removed; and City
Clerk McAllister requested that Item 15 be removed.
Moved by Sayad, seconded by Beauvais, to establish a
Consent Agenda except for Items 3, 3a, 6, 6a, B, Ba, 9,
9a, 13 and 15. Motion declared carried.
Moved by Brookman, seconded by Argus, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: B-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-7-07, M-B-07 and Z-6-07 were
adopted; Ordinance Z-B-07 was placed on First Reading,
and Resolutions R-39-07, R-41-07, R-44-07, R-45-07 and
R-47-07 were adopted.
MINUTES:
Consent
Agenda
EXPANSION OF
EDC/CHAMBER
OF COMMERCE :
Ordinance
M-11-07
ZONING CASE
07-03-LSA
CONDIT. USE
(SIGNS)/
2655 s.
MANNHEIM:
Consent
Agenda
Ordinance
Z-8-07
TIME EXTEN.
CONDIT. USE/
240 POTTER:
Consent
Agenda
Resolution
R-39-07
TIME EXTEN.
FINAL PLAN/
2323 E. GOLF:
Resolution
R-40-07
PAGE TWO
203
3/19/07
Moved by Brookman, seconded by Argus, to approve minutes
of the regular meeting of the City Council held March 5,
2007, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to approve minutes
of the Executive Session of the regular meeting of the
City Council held March 5, 2007. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Murphy, to concur with Staff
recommendation to amend Title 2, Chapter 13 -"Economic
Development Commission," Section 2-13-3B to increase the
membership from thirteen (13) to fourteen (14) to add the
Exe cu ti ve Director of the Des Plaines Chamber of Commerce
& Industry; and further recommend to place on First
Reading Ordinance M-11-07, AN ORDINANCE AMENDING TITLE
2, "BOARDS AND COMMISSIONS," CHAPTER 13 "ECONOMIC
DEVELOPMENT COMMISSION," SECTION 3, "COMMISSION
MEMBERSHIP," OF THE CITY OF DES PLAINES CITY CODE.
Motion declared carried.
Moved by Brookman, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 07-03-LSA, to grant request for a
Conditional Use for a Localized Alternative Sign Plan,
with conditions, to permit multiple signs for Starbuck's
Coffee in C-2 Limited Office Commercial District on
property located at 2655 S. Mannheim Road; and further
recommend to place on First Reading Ordinance Z-8-07, AN
ORDINANCE GRANTING A LOCALIZED SIGN ALTERNATIVE
REGULATION PLAN/CONDITIONAL USE PERMIT IN ACCORDANCE WITH
SECTION 11.8 OF THE DES PLAINES ZONING ORDINANCE TO ALLOW
MULTIPLE SIGNS AT 2655 S. MANNHEIM ROAD, 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 from Chicago Mar
Thoma Church for an additional six (6) months of time
requirement for Conditional Use for submission of
construction plans for expansion of a place of worship
on property located at 240 Potter Road (as required in
Ordinance Z-4-06 approved by the City Council on February
6, 2006), to and including October 3, 2007; and further
recommend to adopt Resolution R-39-07, A RESOLUTION
GRANTING AN EXTENSION OF SIX MONTHS FOR THE CONDITIONAL
USE FOR THE EXPANSION OF A PLACE OF WORSHIP GRANTED BY
ORDINANCE Z-4-06 FOR THE PROPERTY COMMONLY KNOWN AS 240
POTTER ROAD, DES PLAINES (Case 05-86-CU). Motion
declared carried as approved unanimously under Consent
Agenda.
Several aldermen expressed concern about the number of
time extensions that have been given this project; what
is being planned for this site?
Moved by Beauvais, seconded by Murphy, to DENY request
for time extension to and including March 12, 2008, for
submission of final plan of development for the Water's
Edge Condominium Project, 2323 E. Golf Road.
Alderman Brookman stated that the City has done this
before for other projects; it would make it much more
difficult to market this property without this time
extension.
Moved by Murphy, seconded by Sayad, to adopt a substitute
motion to POSTPONE until April 2, 2007, further
discussion on the request for time extension to and
including March 12, 2008, for submission of final plan
of development for the Water's Edge Condominium Project,
2323 E. Golf Road; and Staff be authorized to meet with
owner of the property to determine what is being planned
for this property. Motion declared carried. Alderm~~
Brookman voted no. ~
ASSIGNMENT
OF LEASE/
1501 MINER
(TRAIN ST.
COFFEE SHOP) :
Consent
Agenda
Resolution
R-41-07
FINAL PLAT/
HARRINGTON
DEV. SUBDIV.
2343 BIRCH:
Resolution
R-42-07
FINAL PLAT/
ATHENA CARLA
SUBDIVISION
2134 DOUGLAS:
Resolution
R-43-07
FINAL PLAT/
DELGADO'S
ELEVENTH
SUBDIV. I 2110
SPRUCEWOOD:
Consent
Agenda
Resolution
R-44-07
PUBLIC
IMPROVEMENTS/
52 E.
NORTHWEST
HIGHWAY:
Consent
Agenda
Resolution
R-45-07
PAGE THREE
204
3/19/07
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to approve assignment of Lease
Agreement with Ankur USA Inc., (d/b/a Kaffeccino, 1465
Ellinwood Street), approved by the City Council on April
21, 2003 -Resolution R-42-03) to Emmanuel Binyamin, for
125 sq. ft. of space as a Coffee Shop in the Des Plaines
Transit Center, 1501 Miner Street, for a monthly rent of
$206.64 with an annual increase of 5% each January 1st ;
the Lease term is ten (10) years; and further recommend
to adopt Resolution R-41-07, A RESOLUTION AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF DES
PLAINES AND EMMANUEL BINYAMIN, D/B/A KAFFECCINO LOCATED
AT 1501 MINER STREET IN THE DES PLAINES TRANSIT CENTER.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Harrington Development Subdivision, 2343
Birch Street; Mayor and City Clerk be authorized to
execute same; and further recommend to adopt Resolution
R-42-07, A RESOLUTION APPROVING THE FINAL PLAT FOR
HARRINGTON DEVELOPMENT SUBDIVISION LOCATED AT 2343 BIRCH
STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote
was:
AYES: 5-Christiansen, Brookman, Becker, Smith, Argus
NAYS: 3-Beauvais, Murphy, Sayad
ABSENT: 0-None
Motion declared carried.
Moved by Christiansen, seconded by Becker, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Athena Carla Subdivision, 2134 Douglas
Avenue; Mayor and City Clerk be authorized to execute
same; and further recommend to adopt Resolution R-43-07,
A RESOLUTION APPROVING THE FINAL PLAT FOR ATHENA CARLA
SUBDIVISION LOCATED AT 2134 DOUGLAS AVENUE, DES PLAINES,
ILLINOIS. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
ABSTAIN:l-Brookman (conflict of interest -daughter owns
property)
Motion declared carried.
Moved by Brookman, seconded by Argus, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Delgado's Eleventh Subdivision, 2110
Sprucewood Avenue; Mayor and City Clerk be authorized to
execute same; and further recommend to adopt Resolution
R-44-07, A RESOLUTION APPROVING THE FINAL PLAT FOR
DELGADO'S ELEVENTH SUBDIVISION LOCATED AT 2110 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 to accept Public Improvements for
Des Plaines Community Senior Center Subdivision, 52 E.
Northwest Highway, that include a sanitary sewer and
water main; authorize release of surety in the amount of
$15, 962 (the City has waived the standard cash warranty);
and further recommend to adopt Resolution R-45-07, A
RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR DES
PLAINES COMMUNITY SENIOR CENTER SUBDIVISION LOCATED AT
52 EAST NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
AGREEMENT/
OAKTON COMM.
COLLEGE
JULY 4TH
FESTIVITIES:
Consent
Agenda
Resolution
R-47-07
c.o. #1/
2007 STREET
IMPROVEMENTS
CONTRACT 1
CDBG GRANT
DOVER DRIVE :
RELOCATE
FIBER OPTIC
LINES/J. J.
SCHWAB RD.
LEVEE 50
PROJECT:
Consent
Agenda
EMERGENCY
CEILING
REPAIRS/
DES PLAINES
LIBRARY:
PAGE FOUR
205
3/19/07
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation that City Manager be authorized to
execute "Contract for Use of Facilities" with Oakton
Community College, 1600 E. Golf Road, to use the Des
Plaines campus for the 4th of July 2007 Festival and
Fireworks on Wednesday, July 4, 2007, 1:00 p.m. to 11:00
p.m.; City to provide Certificate of Insurance; and
further recommend to adopt Resolution R-47-07, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF DES PLAINES AND OAKTON COMMUNITY
COLLEGE FOR USE OF THE OAKTON COMMUNITY COLLEGE CAMPUS
FOR THE 4TH OF JULY EVENT FOR THE YEAR 2007. Motion
declared carried as approved unanimously under Consent
Agenda.
Alderman Brookman stated that we shouldn't be doing
business with Orange Crush because of their business
practices; they have been barred from doing work for the
State of Illinois.
Alderman Murphy stated that Alderman Brookman' s
statements were not true; they are not barred from doing
work for the State of Illinois.
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation to approve Change Order #1 to contract
with Orange Crush, L.L.C., 321 S. Center Street,
Hillside, IL 60162, for 2007 Street Improvements
Contract 1 (approved by the City Council on March 5, 2007
in the amount of $893,753) to use up the full CDBG Grant
of $980,000, to extend the current limit of Dover Drive
to include Marshall Drive and Mt. Prospect Road, in the
amount of $86,247. 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 Brookman, seconded by Argus, to concur with
Staff recommendation to approve payment to Illinois
Department of Natural Resources, One Natural Resources
Way, Springfield, IL 62702, to relocate fiber optic lines
along Joseph J. Schwab Road, in conj unction with the
Levee 50 Flood Control Project, in the amount of
$16,916.91; City of Park Ridge will reimburse the City
for 35% or $5,920.92 (pursuant to Levee 50 Sponsorship
Agreement) for a total cost to the City of
$10,995.99/Capital Projects Fund. Motion declared
carried as approved unanimously under Consent Agenda.
A general discussion was held on who is responsible for
repairing the roof and why wasn't this sent out for bid.
Director of Public Works Dusckett said this has been
determined an emergency situation, but in the meantime
they are pursuing an agreement with the original roofer
to make the repairs.
Moved by Sayad, seconded by Angus, to concur with Staff
recommendation to accept proposal from Leopardo
Companies, Inc., 5200 Prairie Stone Parkway, Hoffman
Estates, IL 60192, for emergency ceiling repairs at the
Des Plaines Library, 1501 Ellinwood Street, in the amount
of $28,707/Building & Grounds Funds; and it would be in
the best interest of the City that usual bid procedures
be waived. 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.
CITY-WIDE
GARAGE SALE
DAYS:
Consent
Agenda
PATIO
VARIATION/
1782 LUNT:
Consent
Agenda
ORDINANCE
M-7-07
PROHIBIT
POTABLE
GROUNDWATER/
10 W. GOLF:
Consent
Agenda
ORDINANCE
M-8-07
SALE OF PUB.
PERSONAL
PROPERTY/3003
MANNHEIM:
Consent
Agenda
ORDINANCE
Z-6-07
CONDIT. USE/
2250 DEVON:
Consent
Agenda
WARRANT
REGISTER:
AMBULANCE
FEE:
PAGE FIVE
201>'
3/19/07
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to approve "City-Wide Garage Sale"
for Des Plaines residents from May 11-13, 2007 for
residents in zip code 60016, and May 18-20, 2007 for
residents in zip code 60018; and City waive all garage
sale permit fees for these dates. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to grant request for Variation to
Section 4-7-11 of the Building Code Amendments to permit
construction of a new 14' x 40' patio onto an existing
8' x 40' patio in the rear of property located at 1782
Lunt Avenue. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Argus, to adopt 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 Brookman, seconded by Argus, to adopt 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 Brookman, seconded by Argus, to adopt Ordinance
Z-6-07, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
IN ACCORDANCE WITH SECTION 7.3-5C. 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.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Smith, seconded by Christiansen, to recommend
to the City Council approval of the March 19, 2007 -
Warrant Register, in the total amount of $2,816,791.38,
and further recommend that Resolution R-46-07 be adopted
at appropriate time this evening. Motion declared
carried.
Alderman Brookman stated that she will be voting no; she
has received many calls from residents who feel that they
are already paying for this through their property tax;
this is just a tax to raise money; she thinks this fee
is excessive and the language in the ordinance offensive;
there is no established policy to enforce this fee; this
fee should only be collected from the insurance
companies.
Mr. Tom Cosgrove, representative of Medical
Reimbursement, addressed the Committee of the Whole and
answered questions from the aldermen.
AMBULANCE FEE
(Cont'd.)
PAGE SIX
207
3/19 /07
Alderman Murphy stated that no one likes the ambulance
fee but how are we going to pay for the expansion of our
medical services, i.e. new ambulance?; almost every
community around us charges an ambulance fee; now might
be the time for us to do this.
Alderman Christiansen stated that we would not be doing
anything out of the "norm;" 81% of the communities charge
an ambulance fee.
Alderman Argus stated that she expressed her concerns
about this ambulance fee during the budget hearings; many
of her residents are out of work or on a fixed income;
they will not be able to afford this fee.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that perhaps the City
should consider outsourcing the ambulance services; this
works well in other communities; prove to him that it
won't work here.
Mrs. Barbara Van Slambrouck, 286 Stratford Road,
addressed the Committee of the Whole asking what
percentage of people use the ambulance services?; are
they over 65 or young people? Fire Chief Heavey said the
risk groups are children and the elderly. Mrs. Van
Slambrouck stated that she is against this fee; maybe it
could be cut in half; the numbers are too high.
Mr. Rano Bertolozzi, 1781 Lunt Avenue, addressed the
Committee of the Whole stating that he sees justification
on both sides; he thinks the City should go after the
insurance companies; we should impose additional fees on
the residents.
Moved by Brookman, seconded by Argus, to recommend to the
City Council that the City establish a policy of billing
insurance companies for reimbursement of the ambulance
fee.
Alderman Murphy stated that this policy would be illegal.
Moved by Murphy, seconded by Beauvais, to call for the
question. Motion declared carried. Aldermen Brookman
and Argus voted no.
Upon roll call on Alderman Brookman's motion, the vote
was:
AYES: 2-Brookman, Argus
NAYS: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation and recommend to the City Council that the
City establish a basic life support (BLS) ambulance
service fee of $450 for nonresidents and $400 for
residents; establish an advanced life support (ALS)
ambulance service fee of $550 for nonresidents and $500
for residents; and ancillary charges of $10 -Mileage,
$50 Oxygen, $50 EKG, $50 IV and $100
Immobilization; and Ordinance M-12-07 be placed on First
Reading at appropriate time this evening.
Moved by Becker, seconded by Murphy, to call for the
question. Motion declared carried. Alderman Brookman
voted no.
Upon roll call on Alderman Becker's motion, the vote was:
AYES: 5-Beauvais, Christiansen,
Murphy, Becker, Smith
NAYS: 3-Sayad, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
ZONING CASE
06-130-CU
CONDIT. USE/
AUTO SALES,
1255 LEE:
ZONING CASE
05-16-CU-V
CONDIT. USE
& PARKING
VARIATION/
1750 s.
ELMHURST:
PAGE SEVEN
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
208
3/19/07
Alderman Becker reviewed this request for a Conditional
Use to permit a used motor vehicle sales business in a
C-3 General Commercial District on property located at
1255 Lee Street; the Des Plaines Zoning Board of Appeals
voted 5-2 for approval with conditions.
Attorney Endy Zemenides, 6336 N. Cicero Avenue, Suite
202, Chicago, IL 60646, addressed the Committee of the
Whole and answered questions from the aldermen; the hours
will be 9 a.m. to 8 p.m., there will be no loud speaker
system.
Alderman Becker stated that he is against used car lots;
they would have to prove to the City what they generate
from sales.
Alderman Murphy stated she doesn't like to see used car
lots either but the Zoning Code allows it and it would
be an improvement to the site.
Moved by Christiansen, seconded by Beauvais, to recommend
to the City Council to DENY request, re Zoning Case 06-
130-CU, to permit a used motor vehicle sales business in
a C-3 General Commercial District on property located at
1255 Lee Street; and VOID Ordinance Z-5-07. Upon roll
call, the vote was:
AYES: 5-Beauvais, Christiansen,
Sayad, Becker, Argus
NAYS: 3-Murphy, Brookman, Smith
ABSENT: 0-None
Motion declared carried.
Alderman Becker reviewed this request, re Zoning Case 05-
16-CU-V, for a Conditional Use and Variation to permit
expansion of an existing assisted living center in C-3
General Commercial District on property located at 1750
S. Elmhurst Road, and permit a total of 198 parking
spaces instead of the required 255 parking spaces; the
Des Plaines Zoning Board of Appeals voted 6-0 to approve
this request.
Alderman Brookman stated that she has serious concerns
about this request; this would negatively impact the
banquet facility next door; it would place a burden on
our City services; this is the second expansion on this
property; the demand on additional EMS services will be
staggering; the owner should agree to a substantial
annual contribution to off set the cost of the EMS
services.
Attorney for the petitioner, Barry Collins, Tuttle,
Vedral & Collins, P.C., 733 Lee Street, Suite 210, Des
Plaines, and Hilel Shapiro, Administrative Director,
Asbury Court Retirement Center, addressed the Committee
of the Whole and answered questions from the aldermen.
Alderman Argus stated that many of the residents are
former residents of Des Plaines; the parking can be
worked out between Asbury Court Retirement Center and
Crown Banquet; they can share the parking spaces.
Alderman Sayad stated that he has a serious problem with
the parking; he drove by Saturday night and it was very,
very crowded; there should be someone out there directing
the parking.
Mrs. Helen Seaman, 1520 Ridge Lane, addressed the
Committee of the Whole stating that her father has been
a resident at Asbury Court Retirement Center since
October and she has never had a problem with parking.
Alderman Beauvais stated that
voting on this matter because
assisted living facility.
she will abstain from
she works for another
t
1750 ELMHURST
(Cont'd.)
ZONING CASE
06-92-PUD-A
FINAL PUD &
FINAL PLAT/
1419-1439
LEE ST.:
ZONING CASE
07-11-TA
TEXT AMEND . /
ELECTRONIC
MESSAGE
BOARDS:
PAGE EIGHT
209
3/19/07
Moved by Argus, seconded by Becker, to concur with Staff
reconunendation and reconunend to the City Council to grant
request, re Zoning Case 05-16-CU-V, to permit expansion
of existing assisted living center in C-3 General
Conunercial District on property located at 1750 s.
Elmhurst Road; permit a total of 198 parking spaces
instead of the required 255 parking spaces; and Ordinance
Z-9-07 be placed on First Reading at appropriate time
this evening.
Motion by Alderman Brookman to DENY request, re Zoning
Case 05-16-CU-V, to permit expansion of existing assisted
living center in C-3 General Conunercial District on
property located at 1750 S. Elmhurst Road and permit a
total of 198 parking spaces instead of the required 255
parking spaces, died for lack of a second.
Upon roll call on Alderman Argus' motion, the vote was:
AYES: 5-Christiansen, Murphy,
Becker, Smith, Argus
NAYS: 2-Sayad, Brookman
ABSENT: 0-None
ABSTAIN:l-Beauvais (conflict of interest -she works
for another assisted living facility)
Motion declared carried.
Alderman Becker reviewed this request, re Zoning Case 06-
92-PUD-A, to approve Final PUD to construct a retail
shopping center consisting of our ( 4) separate buildings,
including two (2) drive-through facilities and several
Permitted PUD Exceptions; and approve Final Plat of
Subdivision in C-4 Regional Shopping District on property
located at 1419-1439 Lee Street.
Attorneys for the petitioner, David Grobarb, Lowis &
Gellen, 500 Lake Cook Road, Deerfield, IL, addressed the
Conunittee of the Whole and answered questions from the
aldermen. Also in attendance were petitioner, Chuck
Markopolous, Axiom Development Corporation; civil/traffic
engineer, Peter Olsen; architect Steve Weiss; and
attorney, Melissa Dakich, Lowis & Gellen.
A general discussion was held on curb cuts, landscaping,
traffic flow.
Moved by Murphy, seconded bv Sayad, to concur with
reconunendation of Des Plaines Plan Conunission and Staff,
and reconunend to the City Council, re Zoning Case 06-92-
PUD-A, to grant request for approval of Final Planned
Unit Development ( PUD) and Permitted PUD Exceptions;
place on First Reading Ordinance Z-10-07 at appropriate
time this evening; and approve Final Plat for Akton
Realty Subdivision and adopt Resolution R-48-07 at
appropriate time this evening; all for property located
at 1419-1439 Lee Street in C-4 Regional Shopping
District. Motion declared carried.
Alderman Becker stated that there have been requests to
permit Electronic Message Boards in certain districts of
the City; the proposed Text Amendment would provide a
business owner, agency or facility the opportunity to
advertise specials, display public service information
or provide other items of public interest quickly and
efficiently.
Moved by Beauvais, seconded by Brookman, to concur with
Staff reconunendation and reconunend to the City Council,
re Zoning Case 07-11-TA, to approve Text Amendment to
Article 11, "Signs," and Article 13.3, "Definitions" of
the Zoning Code regarding Electronic Message Boards; and
Ordinance Z-11-07 be placed on First Reading at
appropriate time evening. Motion declared carried.
REGULATIONS
OF DUMPSTERS
IN RIGHTS-OF
WAYS:
Ordinance
M-3-07
FINAL PLAT/
FALKIEWICZ'S
FIRST ADD.
SUBDIVISION
95 OAKWOOD:
Resolution
R-36-07
ORDINANCE
M-9-07
2007
APPROPRIA-
TIONS:
ORDINANCE
Z-7-07
VARIATION/
1382-1398
PRAIRIE:
PAGE NINE
210 3/29/07
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Christiansen, seconded by Becker, to concur with
Staff recorrunendation to amend Title 8, Chapter 1
"Streets and Sidewalks" of the City Code to add a new
Section 13 -"Regulations of Dumpsters Located in Traffic
Rights-of-Way" to permit the placement of dumpsters in
the City's rights-of-way at a fee of $15 per month for
a three (3)-month maximum period with one (1) additional
three (3)-month maximum period permitted as authorized
by the Director of Public Works at an additional cost of
$15 per month; and further recorrunend to place on First
Reading Ordinance M-3-07, AN ORDINANCE AMENDING TITLE 8,
"PUBLIC WAYS AND PROPERTY," CHAPTER 1, "STREETS AND
SIDEWALKS," BY ADDING SECTION 13, "REGULATION OF
DUMPSTERS LOCATED IN TRAFFIC RIGHTS-OF-WAY," TO THE DES
PLAINES CITY CODE. Motion declared carried.
Moved by Brookman, seconded by Murphy, to concur with
recorrunendation of Des Plaines Plan Corrunission to approve
Final Plat for Adam Falkiewicz's First Addition to Des
Plaines Subdivision, 95 Oakwood Avenue (between Westgate
and Warrington Roads) ; Mayor and City Clerk be authorized
to execute same; and further recorrunend to adopt
Resolution R-36-07, A RESOLUTION APPROVING THE FINAL PLAT
FOR ADAM FALKIEWICZ FIRST ADDITION TO DES PLAINES
SUBDIVISION LOCATED AT 95 OAKWOOD AVENUE, 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 Becker, seconded by Smith, to 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: 5-Beauvais, Christiansen,
Becker, Smith, Arredia
NAYS: 4-Murphy, Sayad, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Christiansen, to AMEND
Ordinance Z-7-07, as follows: Page 3, Section 4:3.,
delete "The petitioner agrees to enter into a shared
parking agreement with the City, if the City Manager
determines at a future date that parking conditions have
changed and a shared parking agreement has become
necessary." and add "If the City Manager and the City
Council determine that a parking problem exists in the
area, the City Manager and City Council may review the
issue and allocate a number of permit parking spaces, for
overnight parking. The number of permit parking spaces
to be added shall be determined at that time. Such
permit parking spaces shall be available to any resident
of the area, by application to the City." Upon roll
call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Z-7-07
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-46-07
AMBULANCE
FEE:
Ordinance
M-12-07
ZONING CASE
06-130-CU
CONDIT. USE/
AUTO SALES
1255 LEE:
Ordinance
Z-5-07
ZONING CASE
05-16-CU-V
CONDIT. USE
& PARKING
VARIATION/
1750 s.
ELMHURST:
Ordinance
Z-9-07
PAGE TEN
211
3/19/07
Moved by Becker, seconded by Beauvais, to adopt Ordinance
Z-7-07 -AS AMENDED, AN ORDINANCE AUTHORIZING TWO MAJOR
VARIATIONS TO SECTIONS 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 (Case 06-134-V). 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 Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-46-07, 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:
$2,816,791.38. 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 Murphy, to concur with
recommendation of Committee of the Whole that the City
establish a basic life support (BLS) ambulance service
fee of $450 for nonresidents and $400 for residents;
establish an advanced life support (ALS) ambulance
service fee of $550 for nonresidents and $500 for
residents; and ancillary charges of $10 -Mileage, $50 -
Oxygen, $50 -EKG, $50 -IV and $100 -Immobilization;
and further recommend to place on First Reading Ordinance
M-12-07, AN ORDINANCE AMENDING TITLE 11, "FIRE
REGULATIONS," CHAPTER 10 "FIRE AND AMBULANCE SERVICE,"
SECTION 2, "NONRESIDENT AMBULANCE FEE," TO "AMBULANCE
FEE" OF THE CITY OF DES PLAINES CITY CODE. Upon roll
call, the vote was:
AYES: 5-Beauvais, Christiansen,
Murphy, Becker, Smith
NAYS: 3-Sayad, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to DENY request,
re Zoning Case 06-130-CU, to permit a used motor vehicle
sales business in a C-3 General Commercial District on
property located at 1255 Lee Street; and VOID Ordinance
Z-5-07. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen,
Sayad, Becker, Argus
NAYS: 3-Murphy, Brookman, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole to grant
request, re Zoning Case 05-16-CU-V, to permit expansion
of existing assisted living center in C-3 General
Commercial District on property located at 1750 S.
Elmhurst Road; permit a total of 198 parking spaces
instead of the required 255 parking spaces; and further
recommend to place on First Reading Ordinance Z-9-07, AN
ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO
AUTHORIZE THE EXPANSION OF AN EXISTING ASSISTED LIVING
FACILITY IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE
ZONING CODE AND AUTHORIZING A VARIATION TO SECTION 9.7
TO ALLOW A TOTAL OF 198 PARKING SPACES AT 1750 ELMHURST
ROAD, DES PLAINES, ILLINOIS. Motion declared carried.
Aldermen Sayad and Brookman voted no. Alderman Beauvais
abstained -conflict of interest (she works for anoth~
assisted living facility). v·-·
ZONING CASE
06-92-PUD-A
FINAL PUD &
FINAL PLAT/
1419-1439
LEE ST. :
Ordinance
Z-10-07
Resolution
R-48-07
ZONING CASE
07-11-TA
TEXT AMEND . /
ELECTRONIC
MESSAGE
BOARDS:
Ordinance
Z-11-07
ORDINANCE
Z-9-07
CONDIT. USE
& PARKING
VARIATION/
1750 s.
ELMHURST:
ORDINANCE
Z-8-07
CONDIT. USE/
2655 s.
MANNHEIM
(SIGNS) :
PAGE ELEVEN
212 3/19/07
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole, re Zoning Case
06-92-PUD-A, to grant request for approval of Final
Planned Unit Development (PUD) and Permitted PUD
Exceptions; and further recommend to place on First
Reading Ordinance Z-10-07. Motion declared carried.
Moved by Becker, seconded by Murphy, to advance to Second
Reading and adopt Ordinance Z-10-07, AN ORDINANCE
GRANTING A REQUEST FOR FINAL APPROVAL OF A PLANNED UNIT
DEVELOPMENT (PUD) WITH PERMITTED PUD BULK EXCEPTIONS FOR
1419-1439 LEE STREET, 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 Becker, seconded by Argus, to concur with
recommendation of Committee of the Whole to approve Final
Plat for Akton Realty Subdivision, 1419-1439 Lee Street;
Mayor and City Clerk be authorized to execute same; and
further recommend to adopt Resolution R-48-07, A
RESOLUTION APPROVING THE FINAL PLAT FOR AKTON REALTY
SUBDIVISION LOCATED AT 1419-1439 LEE STREET, 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 Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole, re Zoning Case
07-11-TA, to approve Text Amendment to Article 11,
"Signs," and Article 13.3, "Definitions" of the Zoning
Code regarding Electronic Message Boards; and further
recommend to place on First Reading Ordinance Z-11-07,
AN ORDINANCE AMENDING ARTICLE 11, "SIGNS," AND ARTICLE
13. 3 "DEFINITIONS" OF THE CITY OF DES PLAINES ZONING
CODE. Motion declared carried.
Moved by Argus, seconded by Becker, to advance to Second
Reading and adopt Ordinance Z-9-07, AN ORDINANCE ALLOWING
FOR A CONDITIONAL USE PERMIT TO AUTHORIZE THE EXPANSION
OF AN EXISTING ASSISTED LIVING FACILITY IN ACCORDANCE
WITH SECTION 7.3-6 C. OF THE ZONING CODE AND AUTHORIZING
A VARIATION TO SECTION 9.7 TO ALLOW A TOTAL OF 198
PARKING SPACES AT 1750 ELMHURST ROAD, DES PLAINES,
ILLINOIS. Upon roll call, the vote was:
AYES: 4-Christiansen, Becker, Smith, Argus
NAYS: 3-Murphy, Sayad, Brookman
ABSENT: 0-None
ABSTAIN:l-Beauvais -(conflict of interest -she works
for another assisted living facility)
MOTION DECLARED FAILED.
Moved by Becker, seconded by Christiansen, to advance to
Second Reading and adopt Ordinance Z-8-07, AN ORDINANCE
GRANTING A LOCALIZED SIGN ALTERNATIVE REGULATION
PLAN/CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION
11.8 OF THE DES PLAINES ZONING ORDINANCE TO ALLOW
MULTIPLE SIGNS AT 2655 S. MANNHEIM ROAD, DES PLAINES,
ILLINOIS (Case 07-03-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.
ORDINANCE
M-3-07
REGULATIONS/
DUMPSTERS IN
RIGHTS-OF
WAY:
ORDINANCE
Z-11-07
TEXT AMEND . /
ELECTRONIC
MESSAGE
BOARDS:
ADJOURNMENT:
PAGE TWELVE
213
3/19/07
Moved by Christiansen, seconded by Beauvais, to advance
to Second Reading and adopt Ordinance M-3-07, AN
ORDINANCE AMENDING TITLE 8, "PUBLIC WAYS AND PROPERTY,"
CHAPTER 1, "STREETS AND SIDEWALKS," BY ADDING SECTION 13,
"REGULATION OF DUMPSTERS LOCATED IN TRAFFIC RIGHTS-OF-
WAY," TO THE 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 Beauvais, seconded by Brookman, to advance to
Second Reading and adopt Ordinance Z-11-07, AN ORDINANCE
AMENDING ARTICLE 11, "SIGNS," AND ARTICLE 13.3,
"DEFINITIONS" OF THE CITY OF DES PLAINES ZONING CODE.
Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Sayad,
Brookman, Becker, Argus
NAYS: 2-Murphy, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Smith, seconded by Sayad, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:30 p.m.
---. ~---' -)a~
APPROVED BY ME THIS
DAY OF ~~' , 2007
Anthony~--MA--Y_O_R __ _