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06-04-2007261 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, JUNE 4, 2007 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order b y Mayor Anthony W. Arredia at 6:04 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci v i c Center on Monday, June 4, 2007. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten . Aldermen Smith and Argus were absent. Alderman Argus arrived in Executive Session at 6:10 p.m. Also present were: Assistant City Manager Baj or, Acting Direct or of Finance Simpson, Police Chief Prandini, Fire Chief Heavey , Direct or of Engineering Oakley, Director of Public Wo rks Dusckett, Director of Community & Economic Development Conlan, Deput y Directo r o f Community & Economic Development Angell, Assistant City Attorney Bartel, and Ci ty Attorney Wiltse. EXECUTIVE SESSION: PRAYER: CITIZEN PARTICIPA. : REPORT/ COMMITTEE ON COMMITTEES: Moved by Moylan, seconded b y Murphy , t o go Session to discuss setting price for property and personnel. Upon roll call, AYES: 6-Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten NAYS: 0-None ABSENT: 2-Smith, Argus Motion declared carried. The City Council recessed at 6 :05 p.m. The City Council reconvened at 7:00 p.m. into Executive sale -leas e of the vote was : Roll call indicated the following aldermen present; Beauvais, Moylan, Murphy, Higgason, Brookman, Wals t en , Argus. The opening prayer was given b y Reverend Andre Papkov, Holy Virgin Protection Cathedral, followed b y t h e Pledge of Allegiance to the Flag. Dr. Madlan McKernan, 1920 Andy Lane, addressed the City Council stating that now that the gas prices hav e gon e up so high, people should consider riding the ir b ikes ; the City should put in a bike path down River Roa d to Oakton Community College; instead of driv ing , p eop le should ride their bikes. Moved by Beauvais, seconded by Murphy, to c on cur wit h recommendation of Committee on Committees t o a p p r ove t he following City Council Committee assignme nts, e f fective June 4, 2007 to May, 2009: BUILDING CODE COMMUNITY DEVELOPMENT Chairman -Higgason Chairman -Murphy Vice Chair.-Moylan Vice Chair. - Be auvai s Member -Walsten Member -Argus COMMUNITY SERVICES Chairman -Moylan Vice Chair.-Murphy Member -Smith ENGINEERING Chairman -Walst en Vice Chair. -Argus Member -Broo kman FINANCE & ADMINISTRATION LEGAL & LICENSING Chairman -Smith Chairman -Brookman Vice Chair.-Brookman Vice Chair. -Smith Member -Beauvais Member -Higgason COMMITTEES (Cont'd.) APPOINTMENT/ ACTING CITY MANAGER: SETTING PRICE FOR SALE- LEASE OF PROPERTY/ ESSER COURT: CONSENT AGENDA: MINUTES: Consent Agenda AMENDMENT/ HOMELAND SECURITY- EMERGENCY MGMT. AGENCY: Ordinance M-29-07 ZONING CASE 07-19-CU-V CONDIT. USE & VARIATION/ 3067 s. MANNHEIM RD . : Consent Agenda Ordinance Z-14-07 PAGE TWO 262 6/4/07 PUBLIC SAFETY Chairman -Beauvais Vice Chair.-Higgason PUBLIC WORKS Chairman Vice Chair. Member -Argus -Walsten Member. -Moylan -Murphy Motion declared carried. Moved by Brookman, seconded by Argus, consensus in Executive Session to appointment of Assistant City Manager City Manager effective immediately. carried. to concur with approve Mayoral Baj or as Acting Motion declared Moved by Murphy, seconded by Higgason, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding vacation of Esser Court, 2064 S. River Road; report back to the City Council; and final action will take place at a future City Council meeting in open session. Motion declared carried. Alderman Brookman requested that Items 3 and 3a be removed from the Consent Agenda; City Clerk McAllister requested that Items 6 and 6a be removed; and Alderman Murphy requested that Item 17 be removed. Moved by Beauvais, seconded by Moylan, to establish a Consent Agenda except for Items 3, 3a, 6, 6a and 17. Moved by Brookman, seconded by Walsten, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Staff recommendations and requests were approved; minutes were approved; Ordinance T-5-07 was adopted; Ordinances Z-14-07 and Z-15-07 were placed on First Reading; and Resolutions R-82-07, R-83- 07, R-84-07, R-85-07, R-86-07 and R-87-07 were adopted. Moved by Brookman, seconded by Walsten, to approve minutes of the regular meeting of the City Council held May 21, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to approve minutes of the Executive Session of the City Council held May 21, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, that the matter of amending Title 2, Chapter 5 -"Emergency Management Agency" of the City Code to meet State and Federal guidelines to the National Incident Management System (NIMS), to add Homeland Security language and the creation of the position of Executive Coordinator of the Des Plaines Homeland Security and Emergency Management Agency and placing of Ordinance M-29-07 on First Reading, be POSTPONED and ADDED to the agenda of the Public Safety Committee meeting to be held Tuesday, June 12, 2007 at 8:30 a.m. in the Law Library, Sixth Floor of City Hall. Motion declared carried. Moved by Brookman, seconded by Walsten, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 07-19-CU-V, to grant request for Conditional Use to permit the expansion of existing drive-thru as part of commercial development (McDonald's Restaurant) in C-3 General Commercial District, and grant request for Variation to permit a total of 58 parking spaces instead of the required 61 parking spaces; on property located at 3067 Mannheim Road; and further recommend to place on First Reading Ordinance Z- 14-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING DRIVE THROUGH FACILITY AS PART OF A COMMERCIAL DEVELOPMENT, WITH A VARIATION T~ Z-14-07 (Cont'd.) ZONING CASE 07-15-LSA CONDIT. USE (SIGNS)/ 1419-1439 LEE STREET: Consent Agenda Ordinance Z-15-07 CLASS 6 (b) PROPERTY TAX INCENTIVE/ 2100 CLEARWATER: Resolution R-81-07 PAGE THREE 263 6/4/07 ALLOW 58 PARKING SPACES, INSTEAD OF 61 PARKING SPACES, AS REQUIRED AT 3067 MANNHEIM ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur wi~h recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 07-15-LSA, to grant request for a Conditional Use for a Localized Alternative Sign Plan, with conditions, to permit installation of fifteen (15) signs for Starbuck's Coffee and Bank of America in C-4 Regional Shopping District on property located at 1419- 1439 Lee Street (Oaklee Plaza); and further recommend to place on First Reading Ordinance Z-15-07, 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 1419-1439 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Mr. John Hecker, Executive Director, Des Plaines Park District and resident, 984 Walter Avenue, addressed the City Council requesting that the Des Plaines Park District receive advance notification of any and all petitions for Class 6(b) property tax incentives that come before the City Council; we have a vested interest in protecting our tax base and would like the opportunity to review financial information and Staff's analysis; we request that this matter be tabled until all taxing bodies have the opportunity to review this information. Alderman Murphy stated that the City is simply making a recommendation to Cook County; the Des Plaines Park District should go to Cook County; it is their decision. Moved by Brookman, seconded by Walsten, to POSTPONE until July 2, 2007, further discussion on the City's support and consent to granting a Cook County Real Estate Classification 6(b) property tax abatement incentive for 2100 Clearwater Drive. Moved by Murphy, seconded by Argus, to suspend the rules to permit public input on this matter. Motion declared carried. Mr. Jason Rosenberg, representing the petitioner, Panattoni Development Company LLC, 6250 N. River Road, Suite 4050, Rosemont, IL 60018, and Jim Owen, attorney for the petitioner, addressed the City Council and answered questions from the aldermen. Alderman Argus stated that she feels strongly that this 6(b) should be granted; we have a developer who is ready to redevelop this property that will give us jobs and taxes. Moved by Beauvais, seconded by Argus, to call for the question. Motion declared carried. Moved by Beauvais, seconded by Argus, to adopt a SUBSTITUTE MOTION to concur with Staff recommendation to authorize City to support and consent to the granting of a Cook County Real Estate Classification 6(b) property tax abatement incentive to Panattoni Development Company LLC, to assist with the construction of a 91,600 sq. ft. logistics facility on property located at 2100 Clearwater Drive, PIN #09-30-300-055; and further recommend to adopt Resolution R-81-07, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER #09-30-300-055- 0000, LOCATED AT 2100 S. CLEARWATER DRIVE IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Upon roll call, the vote was: \I CLEARWATER (Cont'd.) FACADE REHAB. FUNDS/ 1361 & 1365 PROSPECT AVENUE: Consent Agenda Resolution R-82-07 FINANCING/ 100' TOWER LADDER FIRE TRUCK: Consent Agenda Resolution R-83-07 VEH. ENFORCE. AGREEMENT/ 1744 & 1754 OAKTON ST.: Consent Agenda Resolution R-84-07 VEH. ENFORCE. AGREEMENT/ 1308-1312 PERRY AND 471-475 LAUREL: Consent Agenda Resolution R-85-07 PAGE FOUR AYES: 7-Beauvais, Moylan, Murphy, Higgason, Brookman, Walster, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. 264 6/4 /07 Moved by Brookman, seconded by Walsten, to concur with recommendation of Des Plaines Economic Development Commission to authorize payment of $8,085/2007 Facade Rehabilitation Program Funds, to J&L Professional Services, as the City's contribution for exterior facade improvements for property located at 1361 and 1365 Prospect Avenue; and further recommend to adopt Resolution R-82-07, A RESOLUTION AUTHORIZING THE PAYMENT OF $8,085 TO J&L PROFESSIONAL SERVICES, OWNER OF 1365 PROSPECT AVENUE, DES PLAINES, ILLINOIS, 60018, AS THE CITY'S CONTRIBUTION OF THE CONSTRUCTION OF THE BUILDING'S FACADE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation that Acting Director of Finance be authorized to enter into a five (5)-year equipment loan with CitiCapital Municipal Finance, 450 Mamaroneck Avenue, Harrison, NY 10528, in the amount not-to-exceed $400,000, at an interest rate not-to-exceed 4.11 %, for a apportion of the purchase of a 100' Tower Ladder Fire Truck ($950,156); and further recommend to adopt Resolution R-83-07, A RESOLUTION AUTHORIZING THE ACTING DIRECTOR OF FINANCE TO ENTER INTO A FIVE-YEAR EQUIPMENT LOAN WITH CITICAPITAL MUNICIPAL FINANCE IN AN AMOUNT NOT TO EXCEED $400,000 AT AN INTEREST RATE NOT TO EXCEED 4.11%. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Agreement for Enforcement of Municipal Ordinances on Private Property" for police, traffic and parking enforcement for property located at 1744 and 1754 Oakton Street (Oakton Courts Condominium Association III); and further recommend to adopt Resolution R-84-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND OAKTON COURTS CONDOMINIUM ASSOCIATION III FOR PROPERTY LOCATED AT 1744 AND 1754 OAKTON STREET, DES PLAINES, ILLINOIS, FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Agreement for Enforcement of Municipal Ordinances on Private Property" for police, traffic and parking enforcement for property located at 1308-1312 Perry Street and 471-475 Laurel Avenue (Laurel Perry Condo Association) ; and further recommend to adopt Resolution R-85-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND LAUREL PERRY CONDO ASSOCIATION FOR PROPERTY LOCATED AT 1308-1312 PERRY STREET AND 471-475 LAUREL AVENUE, DES PLAINES, ILLINOIS, FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. JULY 4TH FIREWORKS CONTRACT & EXTENSION/ MAD BOMBER: Consent Agenda Resolution R-86-07 "OUR LADY OF CANDELARIA" PROCESSION/ VARIOUS STREETS: Consent Agenda Resolution R-87-07 LIQ. LIC./ CHANGE OF OWNERSHIP 1730 s. ELMHURST: Consent Agenda BID AWARD/ 2007 STREET LANE MARKING: Consent Agenda BID AWARD/ 2007 STREET & UTILITY IMPROVEMENTS CONTRACT A: Consent Agenda BID AWARD/ SEWER CLEANING & TELEVISING: Consent Agenda BID AWARD/ DEMOLITION OF 3003 MANNHEIM AND 3036 ORCHARD PL . : PAGE FIVE 265 6/4/07 Moved by Brookman, seconded by Walsten, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Agreement" and "Contract Extension" with Mad Bomber Fireworks Products, P.O. Box 418, Kingsbury, IN 46345 (original contract approved by the City Council on February 19, 2002), for the Fourth of July fireworks display for an additional three (3 )- year period for the years 2008, 2009 and 2010, at the current annual contract amount of $16,000 per year/General Fund; and further recommend to adopt Resolution R-86-07, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR FIREWORKS DISPLAYS FOR THE 4TH OF JULY FESTIVITIES EACH YEAR BETWEEN MAD BOMBER FIREWORKS PRODUCTS AND THE CITY OF DES PLAINES FROM 2008 THROUGH THE YEAR 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation to grant request from St. Mary Church to permit "Our Lady of Candelaria" religious procession and temporary/partial closure of various streets in the area on Saturday, June 9, 2007, from 3 :30 p.m. to approximately 6:00 p.m.; contingent upon execution of a Hold Harmless Agreement; and further recommend to adopt Resolution R-87-07, A RESOLUTION AUTHORIZING THE TEMPORARY/PARTIAL CLOSURE OF STREETS FOR A RELIGIOUS PROCESSION JUNE 9, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation to grant request for Change o f Ownership of Class G -Banquet Hall Liquor Lic ense f o r property located at 1730 S. Elmhurst Road, d/b/a Flo r yan Banquets (formerly Crown Jewel) ; contingent upon verification of fingerprints. Motion declared carri ed as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation to award bid for 2007 Street Lane Marking through the Northwest Municipal Conference to Superior Road Striping, Inc., 1967 Cornell Co urt, Melrose Park, IL 60160, on an "as needed" basis as follows: 4" line $0.36/linear ft.; 6" line $0.57/linear ft.; 12" line -$1.25/linear ft.; 24" line -$2.25/linear ft.; letters and symbols -$2.75/sq. ft.; and marking removal -$0.80/sq. ft.; in the not-to- exceed amount of $40, 000/MFT Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation to award bid for 2007 Street and Utility Improvements -Contract A to the lowest bidder, Orange Crush LLC, 321 S. Center Street, Hillside, IL 60162, in the total bid amount of $2,395,687/Capital Projects Fund, Water Fund and SSA #9 and #10. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to c oncur with Staff recommendation to award bid for Sewer Cleaning and Televising to the lowest qualified bidder, National Power Rodding, 2500 W. Arthington Street, Chicago , IL 60612, as follows: 8" pipe -$3.36 per foot; 10" pipe - $2.71 per foot; 12" pipe -$2.86 per foot and 15" pipe - $3. 36 per foot/Budgeted CIP Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Moylan, to POSTPONE until June 18, 2007, the bid award for Demolition of 3003 Mannheim Road (Travelodge) and 3036 Orchard Place (AC Pavement Striping) to the lowest bidder, Albrecht Enterprises, 1684 E. Oakton Street, Des Plaines, in the total bid amount of $123,888/TIF District #6 Funds, for further review. Motion declared carried. REJECT BID & READVERTISE/ WATER PLANT HVAC: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENT: Consent Agenda ORDINANCE T-5-07/ TRAFFIC RESTRICTION/ WHITE ST.: Consent Agenda ORDINANCE Z-15-07 CONDIT USE (SIGNS)/ 1419-1439 LEE STREET: WARRANT REGISTER: PAGE SIX 266 6/4/07 Moved by Brookman, seconded by Walsten, to concur with Staff recommendation to reject single bid received on April 23, 2007 for Water Plant HVAC Installation in the amount of $398, 300 because it was significantly over budget ($150,000); Staff prepare new specifications and City Clerk be authorized to readvertise for bids, returnable by 3:00 p.m., Monday, July 2, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Water Division Utility Step Van, returnable by 3:00 p.m., Wednesday, June 20, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Fence Installation (Central Road Pumping Station and Washington Street Bridge ), returnable by 3:00 p.m., Wednesday, June 20, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to approve Mayoral appointment to the CONSUMER PROTECTION COMMISSION of Lisa DuBrock, term to expire August 30 , 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, to adopt Ordinance T-5-07, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 4, "PARKING LIMITED IN DESIGNATED PLACES," SCHEDULE II, SUBSECTION F., "THREE HOUR PARKING LIMIT," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to advance to Second Reading and adopt Ordinance Z-15-07, 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 1419-1439 LEE STREET, DES PLAINES, ILLINOIS (Case 07-15-LSA) . Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMIN. Alderman Brookman, Vice Chair Moved by Beauvais, seconded by Higgason, to recommend to the City Council approval of the June 4, 2007 -Warrant Register, in the total amount of $2, 4 05, 617.37, and further recommend that Resolution R-80-07 be adopted at appropriate time this evening. Motion declared carried. ZONING CASE 06-03-PUD-A MAP AMEND. & PRELIMINARY PUD/ 755 SEEGERS: PAGE SEVEN COMMUNITY DEVELOPMENT -Alderman Murphy, Chair 267 6/4/07 Director of Community & Economic Development Conlan reviewed Zoning Case 06-03-A-PUD regarding request to rezone property located at 755 Seegers Road from M-2 General Manufacturing District to R-3 Townhouse Residential District, and request for approval of Amendment to Planned Unit Development (approved by the City Council on January 3, 2005 for Phase I -Ordinance Z-54-04) to develop a Phase II of the project, which would consist of thirty-four (34) townhouses on a 3 .21 acre site, adjacent to the existing Concord Commons Phase I (700 Northwest Highway). Mr. Rick Burton, representing the petitioner, Lennar Communities of Chicago, 2300 Barrington Road, Suite 540, Hofman Estates, IL 60195, addressed the Committee of the Whole and answered questions from the aldermen. Alderman Beauvais stated that the ordinance should state that the PUD is not transferable without the consent of the City. Mayor Arredia stated that the conditions in the ordinance should clearly state that the petitioner will insert a provision in the Homeowner's Association Declaration that the townhouse Homeowner's Association will be responsible for all landscape maintenance and shall pay for all parking enforcement costs. Mr. Greg Nedohin, 4 7 N. Fifth Avenue, addressed the Committee of the Whole stating that the homes being proposed are very plain; they will seriously impact the traffic because of the entrance to the project on Seegers Road; it is very difficult to see who is coming down the street now with the fences from R. G. Smith Company; he is concerned about the lack of green space in the project; where is all the water going to go -has this been fully considered; he is also concerned about the impact on the schools and his property value; he thinks the area will look like a slum. Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the Committee of the Whole asking if she heard correctly that the EPA rating was only slightly above the allowed level. Mr. Burton said that is not the case; we have been meeting the EPA requirements since January of 2006; there was some contamination, but it is now air-borne. Mrs. Van Slambrouck also stated that the City should do another traffic study to make sure the first one is still valid. Alderman Brookman agreed stating that the City should do another study before this ordinance is approved. Director of Engineering Oakley stated that the traffic study was done based on the addition of these thirty- four new townhouses; it is valid. Moved by Murphy, seconded by Argus, to concur with recommendation of Des Plaines Plan Commission and Staff, and recommend to the City Council, re Zoning Case 06-03- A-PUD, to grant request for Map Amendment to rezone property located at 755 Seegers Road from M-2 General Manufacturing District to R-3 Townhouse Residential District, and approve Amendment to Planned Unit Development (approved by the City Council on January 3, 2005 for Phase I -Ordinance Z-54-04) to develop a Phase II of the project, which would consist of thirty-four (34) townhouses on a 3.21 acre site, adjacent t o the existing Concord Commons Phase I (700 Northwest Highway); and amend the required conditions to state~ SEEGERS (Cont'd.) WARRANT REGISTER: Resolution R-80-07 ZONING CASE 06-03-A-PUD MAP AMEND./ 755 SEEGERS: Ordinance Z-15-06 ZONING CASE 06-03-A-PUD PRELIMINARY PUD/ 755 SEEGERS: Ordinance Z-16-06 ADJOURNMENT : PAGE EIGHT 268 6/4/07 that the PUD is not transferable without the consent of the City, the petitioner will insert a provision in the Homeowner's Association Declaration that the townhouse Homeowner' s Association will be responsible for all landscape maintenance and shall pay for all parking enforcement costs; and further recommend to place Ordinance Z-15-06 (Map Amendment) and Ordinance Z-16-06 -AS AMENDED (Preliminary PUD) 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 Brookman, seconded by Murphy, to concur with recommendation of Committee of the Whole to adopt Resolution R-80-07, 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: $2,405,617.37. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Moved by Murphy, seconded by Moylan, to concur with recommendation of Committee of the Whole, re Zoning Case 06-03-A-PUD, to grant request for Map Amendment to rezone property located at 755 Seegers Road from M-2 General Manufacturing District to R-3 Townhouse Residential District, and place on First Reading Ordinance Z-15-06, AN ORDINANCE GRANTING A MAP AMENDMENT FROM M-2 GENERAL MANUFACTURING TO R-3 TOWNHOUSE RESIDENTIAL FOR THE PROPERTY LOCATED AT 7 55 SEEGERS ROAD, DES PLAINES, ILLINOIS. Motion declared carried. Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole, re Zoning Case 06-03-A-PUD, to grant request for approval of Amendment to Planned Unit Development (approved by the City Council on January 3, 2005 for Phase I -Ordinance Z-54- 04) to develop a Phase II of the project, which would consist of thirty-four (34) townhouses on a 3.21 acre site, adjacent to the existing Concord Commons Phase I (700 Northwest Highway), and amend the required conditions to state that the PUD is not transferable without the consent of the City, the petitioner will insert a provision in the Homeowner's Association Declaration that the townhouse Homeowner's Association will be responsible for all landscape maintenance and shall pay for all parking enforcement costs; and further recommend to place on First Reading Ordinance Z-16-06 - AS AMENDED, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) FOR 755 SEEGERS ROAD, DES PLAINES, ILLINOIS. Motion declared carried. Moved by Murphy, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9: 02 p.m. 6: -~C£>c ~h. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS ~~..-....;Oo.....-~~