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02-06-2006239 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, FEBRUARY 6, 2006 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, February 6, 2006. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Argus. Aldermen Beauvais, Brookman and Smith were absent. Alderman Beauvais arrived in Executive Session at 6:05 p.m. Alderman Brookman arrived in Executive Session at 6:11 p.m. Also present were: City Manager Niemeyer, Acting Director of Finance Sloth, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Bleuher, Assistant City Manager/Director of Human Resources Bajor, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA: Moved by Sayad, Seconded by Argus, to go into Executive Session to discuss acquisition-sale of real property, setting price for sale of property, potential-imminent litigation and personnel. Upon roll call, the vote was: AYES: 5-Christiansen, Murphy, Sayad, Becker, Argus NAYS: 0-None ABSENT: 3-Beauvais, Brookman, Smith Motion declared carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus. The opening prayer was given by Reverend Jan Niemeyer, First Presbyterian Church of Des Plaines, followed by the Pledge of Allegiance. Mayor Arredia introduced Christine Bajor, Environmental Services Coordinator, who presented plaques of appreciation to the twenty-one (21) schools for creating ornaments and decorating the holiday trees at the Des Plaines Library Plaza; plaques were also presented to the Optimist Club of Des Plaines and Riviera/Grazie! Ristorante and Banquet who made donations to the 2005 holiday ceremony. Phil, who lives at 446 W. Touhy Avenue, Lot #393, addressed the City Council stating that the toilet seat in the bathroom at the Dunkin Donuts on Elmhurst Road has been broken for many weeks; he has reported it to the City. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that long-time resident of Des Plaines, Vince Powers, has moved to another community; he was very active in our community; his actions made us think; we need more people like him; he will be missed. POTENTIAL- IMMINENT LITIGATION/ POST OFFICE, 684 LEE ST.: SETTING PRICE FOR SALE- LEASE OF PROPERTY/ WILLE ROAD- PHASE II - TIF #3: Resolution R-12-06 ACQUIS. OF PROPERTY/ 2655-2695 s. MANNHEIM - TIF #6: Resolution R-23-06 PERSONNEL/ TERMINATION OF EMPLOYEE: PAGE TWO 240 2/6/06 Moved by Becker, seconded by Christiansen, to concur with consensus in Executive Session to approve Change Orders #2, #3, #4 and #5 in an amount less than $5,000, for the build-out of the proposed new U.S. Post Office Facility on property located at 684 Lee Street; Staff be authorized to prepare Settlement Agreement between the City, the U.S. Post Office, Charter Construction, Franczak & Associates and Cheshire Cheese, LLC; and Mayor and City Clerk be authorized to execute said agreement. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Moved by Becker, seconded by Argus, to concur with majority agreement in Executive Session that Mayor and City Clerk be authorized to execute "First Amendment to Vacant Land Purchase Agreement" with Wille Road Redevelopment, LLC, 5520 W. Touhy Avenue, Skokie, IL, 6007 7, consent to the assignment of the development rights for the Wille Road-Phase II -TIF #3 Project to AMB Property II, L.P., One O'Hare Centre, 6250 N. River Road, Suite 1100, Rosemont, IL 60018; and further recommend to adopt Resolution R-12-06, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE VACANT LAND PURCHASE AGREEMENT FOR WILLE ROAD TIF #3 PHASE II. Upon roll call, the vote was AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 1-Brookman ABSENT: 1-Smith Motion declared carried. Moved by Becker, seconded by Murphy, to concur with consensus in Executive Session that Mayor and City Clerk be authorized to execute "Redevelopment Agreement and Agreement of Purchase and Sale" for property located at 2655-2695 S. Mannheim Road -TIF #6, with Des Plaines Mannheim, LLC-Tartan Realty Group, Inc., 30 W. Monroe Street, Suite 1000, Chicago, IL, 60606, in the amount of $775,000; and further recommend to adopt Resolution R-23- 06, A RESOLUTION AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT AND AGREEMENT OF PURCHASE AND SALE WITH DES PLAINES MANNHEIM, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, FOR THE PROPERTY AT 2655-2695 SOUTH MANNHEIM ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Moved by Becker, seconded by Sayad, to concur with majority agreement in Executive Session to terminate the employment of Deputy Director of Community & Economic Development Leroy Molinari; Staff be authorized t o prepare a Settlement Agreement of six (6) months salary, six (6) months of health insurance and Mr. Molinari to waive the right of any claims including a hearing before the Civil Service Commission. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Brookman, Becker NAYS: 2-Murphy, Argus ABSENT: 0-None Motion declared carried. CONSENT AGENDA: MINUTES: Consent Agenda ZONING CASE 05-94-CU CONDIT. USE/ 1300 RAND: Consent Agenda Ordinance Z-7-06 ZONING CASE 05-95-CU CONDIT. USE/ 1535 LEE: Consent Agenda Ordinance Z-8-06 AMENDMENT TO REDEVELOPMENT AGREEMENT/ METRO SQ. - TIF #5 Consent Agenda Resolution R-13-06 PAGE THREE 241 2/6/06 Moved by Sayad, Consent Agenda. seconded by Brookman, to establish a Motion declared carried. Moved by Beauvais, seconded by Becker, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker NAYS: 0-None ABSENT: 2-Smith, Argus Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-1-06 and Z-4-06 were adopted; Ordinances M-3-06, Z-7-06 and Z-8-06 were placed on First Reading; and Resolutions R-13-06, R-14-06, R-15-06, R-16-06, R-17-06, R-18-06 and R-20-06 were adopted. Moved by Beauvais, seconded by Becker, to approve minutes of the regular meeting of the City Council held January 17, 2006, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to approve minutes of Executive Session of the City Council held January 17, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 05-94-CU, to grant request for a Conditional Use to permit a dog training facility (domestic pet service) in C-3 General Commercial District on property located at 1300 Rand Road; and further recommend to place on First Reading Ordinance Z-7-06, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A DOMESTIC PET SERVICE AT 1300 RAND ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with recommendation of Des Plaines Zoning Board of Appeals re Zoning Case 05-95-CU, to grant request for a Conditional Use to permit a massage therapy service at an existing beauty salon in C-4 Regional Shopping District on property located at 1535 Lee Street; and further recommend to place on First Reading Ordinance Z-8-06, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW MASSAGE THERAPY AT A SALON BUSINESS AT 1535 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "First Amendment to Redevelopment Agreement" with TDC & JFA Des Plaines, LLC, 1400 S. Wolf Road -Building 100, Wheeling, IL 60090 (Tucker-Freed), (approved by the City Council on July 21, 2003 Resolution R-8 9-03), to complete several outstanding issues within the Lee/Perry Downtown Redevelopment Area, TIF #5; approve the Final Plat of Subdivision for Metropolitan Square Phase I-A; and further recommend to adopt Resolution R-13-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND TDC & JFA DES PLAINES, LLC. Motion declared carried as approved unanimously under Consent Agenda. VACATION/ JEFFERSON & -PEARSON FOR 520 PERRY: Consent Agenda Ordinance M-3-06 PLATS OF DEDICATION/ CRABTREE LANE: Consent Agenda Resolution R-14-06 PURCHASE OF COPIERS/ CITY CLERK'S OFFICE AND PUB. WKS.: Consent Agenda Resolution R-15-06 TREE TRIMMING CONTRACT EXTENSION: Consent Agenda Resolution R-16-06 TREE & STUMP REMOVAL CONTRACT EXTENSION: Consent Agenda Resolution R-17-06 PAGE FOUR 242 2/6/06 Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize vacation of remaining portions of Jefferson Street and Pearson Street in Metropolitan Square (previous vacation of the portions approved by the City Council in conj unction with PUD approval on May 2, 2005 -Ordinance M-21-05 and September 9, 2005 -Ordinance M-64-05), in exchange for 520 Perry Street from Metropolitan Square Commercial, Inc.; and further recommend to place on First Reading Ordinance M- 3-06, AN ORDINANCE FOR THE VACATION OF PORTIONS OF JEFFERSON STREET AND PEARSON STREET IN METROPOLITAN SQUARE AS ARE MORE FULLY DESCRIBED HEREIN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to accept and approve two (2) Plats of Dedication for Crabtree Lane; one (1) Plat for the north cul-de-sac and one (1) Plat for the southern portion; and further recommend to adopt Resolution R-14- 06, A RESOLUTION APPROVING THE ACCEPTANCE AND APPROVAL OF TWO PLATS OF DEDICATION FOR CRABTREE LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to award bid through the State of Illinois Bid Program to Imagistics, 100 Oakview Drive, Trumbull, CT 06611, for purchase of a copy machine for the City Clerk's Office in the amount of $8,219 with a Monthly Maintenance Agreement at a cost not-to-exceed $156.35 for 29,500 copies plus $0.0053 copy volume overage; a copy machine for the Public Works Department in the amount of $ 4, 4 7 8 with a Monthly Maintenance Agreement at a cost not-to-exceed $73 for 10,000 copies plus $0.007 copy volume overage/all from Equipment Replacement Fund; and further recommend to adopt Resolution R-15-06, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF TWO COPY MACHINES AND ANNUAL MAINTENANCE AGREEMENTS BETWEEN IMAGISTICS AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize one (1)-year extension of contract with Robert W. Hendricksen, 2131 S. Foster Avenue, Wheeling, IL 60090 (approved by the City Council on April 4, 2005) to provide 2006 Tree Trimming through December 31, 2006, at a cost not-to-exceed $150,000 (2005 price)/Budgeted Funds; it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-16-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF A ONE-YEAR EXTENSION TO THE CONTRACT BETWEEN THE CITY OF DES PLAINES ,AND R. W. HENDRICKSEN FOR TREE TRIMMING. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize one (1)-year extension of contract with Robert W. Hendricksen, 2131 S. Foster Avenue, Wheeling, IL 60090 (approved by the City Council on April 4, 2005) to provide 2006 Tree & Stump Removal through December 31, 2006 at a cost not-to-exceed $50,000 (2005 price) /Budgeted Funds; it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-17-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF A ONE-YEAR EXTENSION TO THE CONTRACT BETWEEN THE CITY OF DES PLAINES AND R. W. HENDRICKSEN FOR TREE AND TREE STUMP REMOVAL. Motion declared carried as approved unanimously under Consent Agenda. PUBLIC IMPROVEMENTS/ PETER'S RESUBDIVISION 2251 & 2263 WESTVIEW: Consent Agenda Resolution R-18-06 AGREEMENT/ AERIAL PHOTOGRAPHY FOR GIS: Consent Agenda Resolution R-20-06 MAINT. SVS. PLAN/SUPPORT FOR GIS SOFTWARE: Consent Agenda LIQ. LIC./ 1450 E. TOUHY AVE.: Consent Agenda LIQ. LIC./ 1143 s. LEE ST.: Consent Agenda LIQ. LIC./ 101 w. OAKTON ST.: Consent Agenda PARKING PAD VARIATION/ 2839 SCOTT: Consent Agenda PAGE FIVE 243 2/6/06 Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to accept Public Improvements for Peter's Resubdivision, 2251 and 2263 Westview Drive, that include capping the existing water well, construction of rear yard storm sewer and public sidewalks; authorize release of the entire $27, 594 performance completion bond (cash warranty of $2,759 will be held for 18 months); and further recommend to adopt Resolution R-18-06, A RESOLUTION APPROVING THE ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR PETER'S RESUBDIVISION LOCATED AT 2251 AND 2263 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Agreement for Professional Services" with Ayres Associates, Inc., 1802 Panbkratz Street, Madison, WI 53704, to provide aerial photography to complete the entire 58.3-quarter sections in the City for the City's Geographical Information System (GIS), at a cost not-to-exceed $125,876/2006 CIP Funds; it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-20-06, 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 Beauvais, seconded by Becker, to concur with Staff recommendation to approve Maintenance Service Plan that provides support, patches and upgrades to all the software that multiple users are using to build and access the Geographic Information System (GIS), from ESRI Corporation, 380 New York Street, Redlands, CA 92373, in the amount of $8,265.75/Budgeted Funds; effective February 26, 2006 through February 25, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to approve Change of Ownership for Class A -Tavern Liquors Dealers License for property located at 1450 E. Touhy Avenue, d/b/a Radisson Hotel O'Hare; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to approve Change of Ownership for Class H-2 Beer and Wine Only Liquor License for property located at 1143 S. Lee Street, d/b/a White Hen Pantry #0-9104-5, contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to approve Change of Ownership for Class B -Bulk Sales Dealers Liquor License for property located at 101 W. Oakton Street, d/b/a Sam's Club #6464; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit construction of two (2) parking pads in the rear yard of property located at 2839 Scott Street; one parking pad to be 15' wide x 42' long for a total of 536 sq. ft., the second parking pad to be 14' wide x 12. 5' long for a total of 175 sq. ft. Motion declared carried as approved unanimously under Consent Agenda. PURCHASE/ SOFTWARE LICENSES: Consent Agenda PURCHASE/ SOFTWARE PACKAGE, FIRE DEPT.: Consent Agenda PURCHASE/ INTERFACES FOR CAD SYSTEM: Consent Agenda POSITIONING SYSTEM DEVICE/ ENGRG. DEPT . : Consent Agenda ADD. NETWORK SOFTWARE LICENSE/ ENGRG . DEPT . : Consent Agenda DESIGN JET PRINTER/ ENGRG. DEPT . : Consent Agenda FOREIGN FIRE INS. TAX BD./ PURCHASE OF CAMERAS: Consent Agenda PURCHASE/ END LOADER: Consent Agenda PAGE SIX 244 2/6/06 Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize purchase of two (2) ARCView Floating Software Licenses from Environmental Systems Research Institute, Inc. (ESRI), 880 Blue Gentian Road, Suite 200, St. Paul, MN 55121, to provide easy access for City employees to City maps and data without the expense of purchasing each user their own individual license, in the amount of $5,614.81/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to approve purchase of Firehouse software package, including all necessary licenses, from ACS Firehouse Solutions, 3345-106th Circle, Urbandale, IA 50322, to enhance the reporting and public safety tools available to the Fire Department and the community through an improved interface, at a cost of $24, 637. SO/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to approve purchase of two ( 2) Firehouse Interfaces from Geac Public Safety, 5509 Grey Street, Tampa, FL 33609, at a cost of $15,300/Budgeted Funds; to be used in conjunction with the City's (CAD) System. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to accept proposal from Precision Midwest, 3Sl40 Barkley Avenue, Warrenville, IL 60555, for one (1) Trimble GeoXT Handheld Global Positioning System Device, through the Federal General Services Administration Bid Program, in the amount of $7,640/Capital Projects Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to accept proposal from DLT Solutions, 13861 Sunrise Valley Drive, Herndon, VA, 20171, for an additional network license for Autodesk Civil 3D 2006 Software, through the Federal General Services Administration Bid Project, in the amount of $5,592.60/Capital Projects Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to accept proposal from Clifford- Wald, 255 E. Hellen Road, Palatine, IL 60067, for an HP DesignJet 4000PS (42") Printer, in the amount of $9,645 (after $1, 000 rebate) /Capital Projects Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with recommendation of Des Plaines Foreign Fire Insurance Tax Board and approve purchase of six (6) Bullard T3 Thermal Max Imaging Cameras, from Environmental Safety Group, Inc., 570 E. North Frontage, Bolingbrook, IL 60440, in the amount of $58,794 (no cost to the City); and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to approve purchase of one (1) John Deere Model 544J End Loader, through the Federal General Services Administration Contract #GS-30F-1021D, from John Deere Company, P.O. Box 8806, Moline, IL 61266, in the total amount of $129,649/Budgeted CERF Funds, which includes a trade-in allowance of $19,000 for a 1994 John Deere 444E End Loader, Serial #001481; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. ~ PURCHASE/ RADIOS FOR POLICE DEPARTMENT: Consent Agenda 2006 MEMBERSHIP DUES/MABAS: Consent Agenda POLICE TRAINING/ NORTHWESTERN UNIVERSITY: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENT: Consent Agenda ORDINANCE M-1-06 WATER RATE INCREASE: Consent Agenda ORDINANCE Z-4-06 CONDIT. USE/ 240 POTTER: Consent Agenda PAGE SEVEN 245 2/6/06 Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to approve purchase of 26 Motorola PR 1500 Portable Radios, with accessories for the Police Department, from Communications Direct, Inc., 735 Hunter Drive, Unit F, Batavia, IL 60510, in the amount of $23,268, to be paid from Illinois Citizens Corps Second Chance Grant Program monies (no cost to the City ) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize 2006 membership dues to Mutual Aid Box Alarm System (MABAS), Division III (City is already a member of Division I), 1815 Glenview Road, Glenview, IL 60025, in the amount of $5,000/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation to authorize payment to Northwestern University Center for Public Safety-Business Office, P.O. Box 11409, Evanston, IL 60204, for one (1) Police Sergeant to attend Northwestern University-School of Staff and Command's 10-week course beginning in March, 2006, in the amount of $8, 943/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2006 Concrete Improvements, returnable by 3:00 p.m., Thursday, February 23, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 30 Fire Hydrants, returnable by 3:00 p.m., Wednesday, February 22, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Sewer Lining and Televising, returnable by 3:00 p.m., Wednesday, March 1, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Furnishing of Riprap Material and Disposal of Debris, returnable by 3:00 p.m. Wednesday, March 1, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to approve appointment to the SPECIAL EVENTS COMMISSION OF John Bogus z, term to expire August 31, 2 0 0 7. declared carried as approved unanimously under Agenda. Mayoral Matthew Motion Consent Moved by Beauvais, seconded by Becker, to adopt Ordinance M-1-0 6, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS," SECTION 7, "RATES" OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Becker, to adopt Ordinance Z-4-06, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO AUTHORIZE THE EXPANSION OF A PLACE OF WORSHIP IN ACCORDANCE WITH SECTION 7.2-4C. OF THE ZONING CODE AT 240 POTTER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda ~ ORDINANCE M-3-06 VACATION OF JEFFERSON & PEARSON FOR 520 PERRY: ORDINANCE Z-7-06 CONDIT. USE/ 1300 RAND: WARRANT REGISTER: REPORT/ UNDERSIZED LOT 1770 MORSE AVE.: REPORT/ UNDERSIZED LOTS 1715 LUNT AVE.: PAGE EIGHT 246 2/6/06 Moved by Becker, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-3-06, AN ORDINANCE FOR THE VACATION OF PORTIONS OF JEFFERSON STREET AND PEARSON STREET IN METROPOLITAN SQUARE AS ARE MORE FULLY DESCRIBED HEREIN. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-7-0 6, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A DOMESTIC PET SERVICE AT 1300 RAND ROAD, DES PLAINES, ILLINOIS (Case 05-94-CU). Upon roll call, the vote was AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, 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 & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Brookman, to recommend to the City Council approval of the February 6, 2006 - Warrant Register, in the total amount of $4,783,571.95, and further recommend that Resolution R-19-06 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker stated that Section 5. 4-1 of the Des Plaines Zoning Ordinance requires that building permit applicants with undersized lots of record must present their plans for construction to the City Council before a permit may be issued. NO ACTION IS REQUIRED BY THE CITY COUNCIL. Mr. David Williams has applied for a building permit to construct a single-family home on the undersized lot of record on property located at 1770 Morse Avenue, Lot 39; lot is 50' x 180.5' with a total area of 9,025 sq. ft.; based upon the review of the petitioner's plans, the proposed single-family residence is appropriate for the area. Alderman Becker stated that Section 5. 4-1 of the Des Plaines Zoning Ordinance requires that building permit applicants with undersized lots of record must present their plans for construction to the City Council before a permit may be issued. NO ACTION IS REQUIRED BY THE CITY COUNCIL. Mr. Acy Marsenic has applied for a building permit to construct a single-family home on each of the undersized lots of record on property located at 1715 Lunt Avenue; each lot is 50' x 180' with a total area of 9,000 sq. ft.; based upon the review of the petitioners's plans, the proposed single-family residence on each lot is appropriate for the area. REQUEST FOR TIME EXTEN. FOR PUD/ 1050 OAKTON: DOWNTOWN PARKING- TRAFFI C STUDY: PAGE NINE 247 2/6/06 Alderman Becker reviewed this matter; on May 7, 2001 the City Council approved a preliminary Planned Unit Development (PUD), Conditional Use and a height variation to develop a 300-uni t congregate living facility on property located at 1050 E. Oakton Street; on May 6, 2002, the City Council granted the petitioner a one (1)- year extension for the development; on April 7, 2003, an additional extension was granted until May 30, 2004; and on April 5, 2004, the final PUD was approved for a two (2)-year period. Petitioner Nick Mitchell addressed the Committee of the Whole and gave a brief presentation; he answered questions from the aldermen. Mr. Mitchell is requesting a two ( 2) -year extension for the final Planned Unit Development (PUD), Conditional Use and variation. Alderman Sayad asked Director of Community & Economic Development Bleuher if this two (2)-year extension was sufficient. Director Bleuher said yes based on the review of the site work and architectural development. Alderman Sayad requested that this be so stated in the record. Alderman Brookman stated that she has consistently voted no on this project; it is spot zoning and it is against our Zoning Code; it is a bad precedent to let this project drag on for five (5)-years without progressing; he should come back when he is ready and re-apply. Alderman Beauvais stated that it would be unfair to not give Mr. Mitchell this extension; he has spent a lot of money on this project. Moved by Sayad, seconded by Argus, to recommend to the City Council to grant request for time extension of the Planned Unit Development (PUD), Conditional Use and Height Variation (approved by the City Council on April 5, 2004 -Ordinance Z-13-04), until May 30, 2008, to develop a 300-uni t congregate living facility on property located at 1050 E. Oakton Street; and Resolution R-22-06 be adopted at appropriate time this evening. Mrs. Dolores Vels, 1019 Wicke Avenue, addressed the Committee of the Whole asking if the public is buying these units; he should have gotten his "ducks in a row;" there are not many people that go into the sales office; this building does not belong there; this is a shame. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that he was against this project because of the height; he thought Mr. Mitchel l was going to start selling units right away; he questioned whether this project was feasibible. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that this is a lot of money; Mr. Mitchell has put time on this; if we "pull the rug" on him, will we have a problem attracting other developers? Upon roll call on the motion, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 1-Brookman ABSENT: 1-Smith Motion declared carried. Deputy Director of Community & Economic Development Angell reviewed his memo of January 26, 2006, stating that four (4) proposals were received in response to a RFP issued for the development of a parking-traffic study for the downtown business district; they fully satisfied the scope of the work in the RFP; Staff is recommending Rich & Associates/T.Y.Lin to perform the study in t ~ amount of $71,947. ~1 STUDY (Cont'd.) PAGE TEN 248 2/6/06 Deputy Director Angell stated that the Staff Traffic Advisory Committee (STAC) is recommending that the study expand the boundaries to the north to include the residential area northwest and east of the downtown business district; the cost to analyze the area north of Perry Street and south of Willow Street would be $6,000; and the cost to analyze the areas northwest and east of the business district would be $7,000; the combined cost for the downtown and residential studies would be $84,947 -$10,000/General Fund and $74,947/TIF #1 Funds. Mr. Richad A. Rich, Rich & Associates, Inc., 21800 W. Ten Mile Road, Suite 209, Southfield, MI 48075, and John LaPlante, T-Y-Lin International, 5960 N. Milwaukee Avenue, Chicago, IL 60646, addressed the Committee of the Whole and answered questions from the aldermen; the study will take four (4) to six (6) months; they will begin immediately. Alderman Beauvais stated that she has met with Rich & Associates and was very impressed with this group; she would have no qualms about hiring Rich & Associates to do this study; she would like a temporary ordinance requiring that 25% of the .5 of the 1.5 parking spaces on new construction be for guest parking until the study is done. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that parking is a problem on his block; everyone knows there is a parking problem and nothing is done. Mr. Richard Grosse, 750 Pearson Street, addressed the Committee of the Whole stating that he has lived here for four (4) years; he believes the ratio of two (2) parking spaces per unit is not sufficient; before you build another condominium, raise the number of parking spaces per unit and have enough parking for visitors. Mrs. Corrinne Keefe, 750 Pearson Street, addressed the Committee of the Whole asking if this 1.5 parking spaces per unit is Code in Des Plaines, why hasn't it been enforced; they have to be made to follow the law. Mary, a resident at 603 S. River Road, addressed the Committee of the Whole stating that the City has to provide more parking. Moved by Argus, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council to accept proposal from Rich & Associates, 21800 W. Ten Mile Road, Suite 209, Southfield, MI 48075, to perform a parking-traffic study throughout the City's downtown business district and properties south of Perry Street and east of Graceland Avenue at a cost of $71,947; and to add the residential neighborhood north of the downtown business district at an additional cost of $6,000 and to add the residential neighborhoods northwest and east of the downtown business district at an additional cost of $7,000; for a total of $84,947 -$10,000/General Fund and $74,947/TIF #1 Funds; Resolution R-21-06 be adopted at appropriate time this evening; and it would be in the best interest of the City that usual bid procedures be waived. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION ORDINANCE .M-2-06 HOME RULE SALES TAX INCREASE: ORDINANCE Z-6-06 PUD/RIVER ST. & RIVER RD.: PAGE ELEVEN 249 2/6/06 Moved by Christiansen, seconded by Beauvais, to adopt Ordinance M-2-06, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 3, "MUNICIPAL OCCUPATION TAXES" ARTICLE A., "MUNICIPAL RETAILERS' AND SERVICE OCCUPATION TAX" SECTION 3, "HOME RULE RETAILERS' AND SERVICE OCCUPATION TAX" OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Arredia NAYS: 3-Murphy, Brookman, Argus ABSENT: 1-Smith Motion declared carried. Moved by Becker, seconded by Murphy, to adopt Ordinance Z-6-06. Moved by Beauvais, seconded by Sayad, to adopt a substitute motion that the development will keep 25% of the . 5 of the 1. 5 parking spaces per unit for guest parking and the developer will create new additional parking for River Street before final approval of the Planned Unit Development ( PUD) and there will be no financial incentives for this project at the northeast corner of River Road and River Street; and adopt Ordinance Z-6-06 -AS AMENDED, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) AND PERMITTED PUD BULK EXCEPTIONS FOR THE NORTHEAST CORNER OF RIVER ROAD AND RIVER STREET, DES PLAINES, ILLINOIS (Case 05-92-PUD). Moved by Beauvais, seconded by Murphy, rules to permit public input on this declared carried. to suspend the matter. Motion Father Robert Setmeyer, 711 S. River Road, addressed the City Council stating that he is very concerned that the new building will have 144 units and only ten (10) guest parking spaces; this doesn't seem right; is there going to be extra parking in the Metropolitan Square?; that will do harm to those businesses. Ms. Patty Haugeberg, 1702 Mill Street, addressed the City Council stating that she is very glad to hear that there is going to be a parking study done, even though half of the downtown is already developed. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that he thought this project was defeated at a previous meeting; someone changed their vote; we are choking every street. Mark, a resident at 1685 Mill Street, addressed the City Council stating that he is president of their condo association; he loves Des Plaines but you have a fiduciary duty to the city but also to the quality of life of the residents that are already here; we don't want a condo ghetto. Evelyn, a resident at 603 S. River Road, addressed the City Council stating that she has lived here for 21 years; we have no visitor parking; she used to park in Metropolitan Square before that was developed; you can't expect people to walk from the new parking deck; it is too far. Mr. Clay Mott, 659 S. River Road, addressed the City Council stating that he personally welcomes the new building, but please be sure that you give us adequiate parking. All the aldermen took note of what was said by these residents. Z-6-06 (Cont'd. ) WARRANT REGISTER: Resolution R-19-06 DOWNTOWN PARKING- TRAFFI C STUDY: Resolution R-21-06 TIME EXTEN./ PUD, 1050 OAKTON ST.: Resolution R-22-06 ADJOURNMENT: PAGE TWELVE 250 2/6/06 Upon roll call on the substitute motion, the vote was: AYES: 6-Beauvais, Christiansen, Murphy. Sayad, Brookman, Becker NAYS: 1-Argus ABSENT: 1-Smith Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-19-06, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $4,783,571.95. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Moved by Becker, seconded by Brookman, to concur with recommendation of Committee of the Whole to accept proposal from Rich & Associates, 21800 W. Ten Mile Road, Suite 209, Southfield, MI 48075, with T. Y. Lin International as sub-contractor, to perform a parking- traffic study throughout the City's downtown business district and properties south of Perry Street and east of Graceland Avenue at a cost of $71,947; and to add the residential neighborhood north of the downtown business district at an additional cost of $6,000 and to add the residential neighborhoods northwest and east ·of the downtown business district at an additional cost of $7,000; for a total of $84,947 -$10,000/General Fund and $74,947/TIF #1 Funds; and adopt Resolution R-21-06 -AS AMENDED, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN RICH AND ASSOCIATES, INC. AND T.Y. LIN INTERNATIONAL AND THE CITY OF DES PLAINES FOR PARKING- TRAFFIC STUDIES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole to grant request for time extension of the Planned Unit Development (PUD), Conditional Use and Height Variation (approved by the City Council on April 5, 2004 -Ordinance Z-13-04), until May 30, 2008, to develop a 300-unit congregate living facility on property located at 1050 E. Oakton Street; and adopt Resolution R-22-06, A RESOLUTION GRANTING AN EXTENSION OF TWO YEARS FOR THE PLANNED UNIT DEVELOPMENT, CONDITIONAL USE AND VARIATION GRANTED BY ORDINANCE Z-13- 04 FOR THE PROPERTY COMMONLY KNOWN AS 1050 EAST OAKTON STREET, DES PLAINES (Case 00-68-PUD-CU). Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 1-Brookman ABSENT: 1-Smith Motion declared carried. Moved by Say ad, seconded by Becker, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:25 p.m. APPROV~Y ME T~~ DAY OF_~--~~---=-~=--~~~' 2006 .. -· ) / / ( ~-~-- Anthony W. Arredia, MAYOR PAGE THIRTEEN 250 2/6/06 CITY CLERK