06-05-2006026
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 5, 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 7:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, June 5, 2006.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
Also present were: City Manager Niemeyer, Interim Director of Finance
Simpson, Police Chief Prandini, Fire Chief Heavey, Director of
Engineering Oakley, Director of Public Works Dusckett, Director of
Community & Economic Development Bleuher, Deputy Director of Community
& Economic Development Angell, Assistant City Manager/Director of Human
Resources Baj or, Assistant City Attorney Bartel and City Attorney Wiltse .
PRAYER AND
PLEDGE:
ANNOUNCEMENT:
PUBLIC
HEARING/SPEC.
SVS. AREA #8
CRABTREE LA. :
CALL TO
ORDER:
DISCUSSION:
The opening prayer was given by Reverend Steven Hjelle,
Evangelical Free Church of Des Plaines, followed by the
Pledge of Allegiance to the Flag.
Mayor Arredia announced that the Des Plaines Relay for
Life will take place on June 17, 2006 at Maine West High
School; Jemma Cabral, a 1995 Maine West graduate and two-
time cancer survivor, is the event chairman; Des Plaines
has set a goal of $100,000.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES
PLAINES CIVIC CENTER, MONDAY, JUNE 5, 2006
Mayor Arredia called the Public Hearing to order at 7:10
p.m. The Public Hearing was being held pursuant to legal
notice to consider the establishment of Special Service
Area #8 for the installation of curbs and gutters on
Crabtree Lane, and the funding by the property owners.
City Attorney Wiltse briefly reviewed this request by a
majority of the homeowners on Crabtree Lane to create
Special Service Area #8 for the installation of curb and
gutters at a total annual tax levy for years 2006 through
2020 of approximately $4,200.
Mayor Arredia asked for comments from the public and from
the aldermen.
Ms. Irene Serwa, 1011 Crabtree Lane, addressed the City
Council stating that this has been a long and arduous job
getting this street repaired; they have been asking that
the street be repaired since 1985; we have waited a long,
long time; increasing our taxes will be very difficult;
take the cost of the curbs and gutters out of the Capital
Improvement Program.
Mrs. Sue Grish, 980 Crabtree Lane, addressed the City
Council stating that the City trucks do a lot of damage
on this street because the street is so narrow; she
doesn't believe the residents should be responsible for
curbs and gutters.
There will be further discussion and action on this
matter later in the meeting under Consent Agenda.
PUB. HEARING
(Cont'd.)
PUBLIC
HEARING/SPEC.
SVS. AREA #9
624-658 w.
ALGONQUIN:
CALL TO
ORDER:
DISCUSSION:
PUBLIC
HEARING/
SCHOOL BONDS
1825-65
MINER ST.:
CALL TO
ORDER:
DISCUSSION:
PAGE TWO
The Public Hearing was adjourned at 7:19 p.m.
The City Council reconvened at 7:20 p.m .
027
6/5/06
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES
PLAINES CIVIC CENTER, MONDAY JUNE 5, 2006
Mayor Arredia called the Public Hearing to order at 7:21
p.m. The Public Hearing was being held pursuant to legal
notice to consider the establishment of Special Service
Area #9 for resurfacing of parking lot at 624-658 W.
Algonquin Road and the funding of the property owner's
share of the improvement
Director of Engineering Oakley briefly reviewed this
request from the owner of 624-640 W. Algonquin Road to
create Special Service Area #9 for parking lot
improvements at 624-640 and 642-658 W. Algonquin Road,
at a total annual tax levy for years 2006 through 2020
of approximately $4,750.
Mayor Arredia asked for comments from the public and
aldermen.
Attorney Jacob Reiss, 6767 N. Milwaukee Avenue, Niles,
IL 60714, representing the property owner at 624-640 W.
Algonquin Road, addressed the City Council stating that
he just received documents, i.e. funding estimates, and
there are a number of things his client did not know; he
would like some more time to review this information.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council asking if this would be discussed again
later in the meeting under Consent Agenda. Mayor Arredia
said yes, if someone requests that it be removed from the
Consent Agenda. Mr. Moore said that he is requesting
that this matter be removed from the Consent Agenda.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council asking if this matter would not come under the
Klaeren requirement. City Attorney Wiltse said no.
There will be further discussion and action on this
matter later in the meeting under Consent Agenda.
The Public Hearing was adjourned at 7:31 p.m.
The City Council reconvened at 7:32 p.m.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES
PLAINES CIVIC CENTER, MONDAY, JUNE 5, 2006
Mayor Arredia called the Public Hearing to order at 7:33
p.m. The Public Hearing was being held pursuant to legal
notice to consider proposed issuance of $8 million in
revenue bonds to Science & Arts Academy for construction
of their new school building at 1825 and 1865 Miner
Street.
City Attorney Wiltse briefly reviewed this request for
School Facility Revenue Bonds by the Science & Arts
Academy to fund cost of acquiring land and constructing
and equipping a new, single-story 50,000 sq. ft. school
building on their property located at 1825 and 1865 Miner
Street.
Mayor Arredia asked for comments from the public and the
aldermen. ~
PUB. HEARING
(Cont'd.)
CITIZEN
PART I CI PA. :
CONSENT
AGENDA:
PAGE THREE
028
6/5/06
Attorney Mark Laughman, Katten, Muchin, Rosenman, LLP,
525 W. Monroe Street, Chicago, IL 60661, bond counsel for
the City, addressed the City Council stating that all
documents are in order and the City is protected. Mr.
Don Dall, Chief Financial Officer for the Science & Arts
Academy, also addressed the City Council and answered
questions from the aldermen.
Mrs. Kathy Krus, 888 Mason Lane, addressed the City
Council asking when this project will happen; do they own
the property yet? Mr. Dall said that once the bonds are
approved, they can close on the property in ten ( 10 )
days.
Mrs. Kathy Krus asked what would happen to the City if
they don't get the money. Mr. Laughman said the City is
not giving them any money; they City is lending its name
to the bond issue only.
There will be further discussion and action on this
matter later in the evening under Consent Agenda.
The Public Hearing was adjourned at 7:37 p.m.
The City Council reconvened at 7:38 p.m .
Mr. Scott Olson, 285 Harding Avenue, addressed the City
Council stating that he is an employee of Geiser-Berner
Plumbing Heating & Air Conditioning, 1484 Rand Road and
a member of the Triangle Business Owners Association;
asking what will be the impact be on the school systems
if TIF #4 is approved; the Joint Review Board voted
against this TIF; all the entities will lose money on
this TIF.
Phil, who lives at 446 W. Touhy Avenue, Lot #393,
addressed the City Council stating that the parking lot
at the Dunkin Donuts on Elmhurst Road needs to be
repainted including the handicapped spaces; also t he
trees need to be trimmed.
Ms. Trish Wojton, owner of New Beginnings at 1460 Rand
Road addressed the City Council stating that the Joint
Review Board has voted against this TIF; a study has been
done and the area is not blighted.
Ms. Danielle Fato, representing Suburban Transmissions,
1500 Rand Road, addressed the City Council stating that
there are a 100 businesses in this area; what will happen
to all the employees?; many of them are middle-age; what
if they lose their jobs and have no health insurance.
Hank, representing Hydraulic Pneumatic Corporation, 1413
Redeker Road, addressed the City Council stating that he
attended the Joint Review Board meeting; he believes the
City is being misguided by the TIF consultant; KMA did
not provide all the information; this could be a
financial disaster; this TIF has extensive opposition;
an organization with a web site has been formed to oppose
this TIF.
Mrs. Barbara Van Slambrouck, 286 Stratford Road,
addressed the City Council stating that she is part
commercial property owner and a resident; she has been
trying to find something that would convince the City not
to approve this TIF; the City needs many things, like a
fire station, etc.; there is so much else you can do with
this money; vote no.
Alderman Beauvais requested that Items 3, 3a and 15 be
removed by the Consent Agenda, a resident requested that
Items 4 and 4a be removed and City Clerk McAllister
requested that Items 5 and Sa be removed.
CON. AGENDA
(Cont'd.)
MINUTES:
Consent
Agenda
SPECIAL SVS.
AREA #8/
CRABTREE LN. :
Ordinance
M-19-06
PAGE FOUR
029
6/5/06
Moved by Brookman, seconded by Sayad, to establish a
Consent Agenda except for Items 3, 3a, 4, 4a, 5, Sa and
15. Motion declared carried.
Moved by Sayad, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
The minutes were approved; Staff recommendations and
requests were approved; Ordinances Z-22-06 and Z-23-06
were placed on First Reading; and Resolutions R-73-06,
R-85-06, R-86-06, R-87-06, R-88-06 and R-89-06 were
adopted.
Moved by Sayad, seconded by Beauvais, to approve minutes
of the regular meeting of the City Council held May 15,
2006, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve minutes
of Executive Session of the City Council held May 15,
2006. Motion declared carried as approved unanimously
under Consent Agenda.
Alderman Brookman stated at length her feelings that
these improvements should be done by the City.
City Attorney Wiltse reminded the City Council that in
2000 and 2001, the question of whether several streets
were public or private arose; several streets, for the
purpose of discussion, were referred to by the phase
"private streets" pending his review of each street;
certain streets were later determined to be public, but
others such as Apple Creek Lane, Crabtree Lane and Forest
Edge Lane were determined to be private.
City Attorney Wiltse also stated that the owners adjacent
to Crabtree Lane determined that in exchange for the City
paying for reconstructing their street, they would
dedicate the right-of-way property to the City; these
Plats have been signed and recorded.
City Attorney Wiltse further stated that eleven (11)
property owners were asked, in writing, whether they
wanted the creation of a Special Service Area for the
optional provision of curbs and gutters and/or the
provision of sanitary sewers; nine (9) of the eleven (11)
property owners signed letters stating that they wanted
a Special Service Area for the provision of curbs and
gutters; only three ( 3) stated they wanted sanitary
sewers.
Moved by Beauvais, seconded by Murphy, to permit public
input on this matter. Motion declared carried.
Mr. Julius Rothschild, 1053 Apple Creek Lane, addressed
the City Council stating that he always thought part of
Apple Creek Lane was public, at least 1/3.
Mr. Ray Grish, 980 Crabtree Lane, addressed the City
Council and read from some 1996 minutes of the City
Council that states that the City deeded the right-of-
way; we've already paid $16,000 to the City for repairs;
these repairs should have been done in 1985 when we first
asked for them.
Moved by Beauvais, seconded by Brookman, to not establish
Special Service Area #8 and void Ordinance M-19-06; and
the City install curbs and gutters on Crabtree Lane at
a cost of $43, 200/CIP Funds. MOTION DECLARED FAILED
(Aldermen Beauvais and Brookman voted yes; Aldermen
Christiansen, Murphy, Sayad, Becker, Smith and Argus
voted no).
CRABTREE LANE
(Cont'd.)
SPECIAL SVS.
AREA #9/
624-658 w.
ALGONQUIN:
Ordinance
M-24-06
SCHOOL
FACILITY
REV. BONDS/
1825 AND 1865
MINER ST.:
Ordinance
M-25-06
PAGE FIVE
030
6/5/06
Moved by Becker, seconded by Sayad, to grant request from
a majority of the homeowners on Crabtree Lane that City
create Special Service Area #8 to fund the installation
of curbs and gutters; the owners' share of the costs to
be funded on their property tax bill for the tax levy
years 2006 through 2020 inclusive and shall be in a total
amount not-to-exceed $4,200 annually; and further
recommend to place on First Reading Ordinance M-19-06,
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL
SERVICE AREA NUMBER EIGHT IN THE CITY OF DES PLAINES,
ILLINOIS (CRABTREE LANE, CURBS AND GUTTERS).
Moved by Brookman, seconded by Beauvais, to adopt a
substitute motion to grant request from a majority of the
homeowners on Crabtree Lane that City create Special
Service Area #8 to fund the installation of curbs and
gutters; the owners' share of the cost to be funded on
their property tax bill for the tax levy years 2006
through 2020 inclusive, but at no interest; and Ordinance
M-19-06 be amended accordingly and placed on First
Reading. MOTION DECLARED FAILED (Aldermen Beauvais and
Brookman voted yes; Aldermen Christiansen, Murphy, Sayad,
Becker, Smith and Argus voted no).
Motion declared carried on the original motion (Aldermen
Christiansen, Murphy, Sayad, Becker, Smith and Argus
voted yes; Aldermen Beauvais and Brookman voted no).
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council asking why the City is doing this for a
private business owner; they can go out and get a loan;
he thinks this is outrageous for the City to be doing
this for a private commercial business.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to grant request from owner of
property located at 624-640 W. Algonquin Road that City
create Special Service Area #9 to fund the parking lot
improvements at 624-640 and 642-658 W. Algonquin Road;
owners' share of the costs to be funded on their property
tax bill for tax levy years 2006 through 2020 inclusive
and shall be in a total amount not-to-exceed $5, 000
annually; and further recommend to place on First Reading
Ordinance M-24-06, AN ORDINANCE PROPOSING THE
ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER NINE IN THE
CITY OF DES PLAINES, ILLINOIS ( 624-658 WEST ALGONQUIN
ROAD PARKING LOT). Motion declared carried.
This ordinance will be held on First Reading until June
19, 2006 to give the petitioner's attorney time to review
the various documents presented to him tonight.
City Attorney Wiltse requested that the motion include
an amendment to the Bond and Loan Agreement to add a new
Section 4.16 -Subordinated Debt.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize City to issue $7. 7
million in School Facility Revenue Bonds, Series 2006,
for Science & Arts Academy to fund cost of acquiring land
and constructing and equipping a new, single-story 50, 000
sq. ft. school building on their property located at 1825
and 1865 Miner Street; and amend "Bond and Loan
Agreement" to add new Section 4.16. Subordinated Debt -
"The parties agree that debt of the Borrower to the
Issuer evidenced by a City Note which may be issued
pursuant to the Agreement dated at of the date of this
Agreement between the Borrower and the Issuer (the 'City
Agreement'), and any lien of the Issuer on the assets of
the Borrower to secure the City Note, are senior to the
Subordinated Debt (as defined in the City Agreement), and
are subordinate to the debt of the borrower to the
Purchaser and to the liens of Purchaser on assets of the
borrower evidenced by the Bonds and the Related
Documents."; and Mayor and City Clerk be authorized~
---
SCHOOL BONDS
(Cont'd. )
REIMBURSEMENT
AGREEMENT/
BOND ISSUE,
1825 & 1865
MINER ST.:
Consent
Agenda
Resolution
R-85-06
ZONING CASE
06-24-CU
CONDIT. USE/
1365
PROSPECT:
Consent
Agenda
Ordinance
Z-22-06
ZONING CASE
06-40-LSA
CONDIT. USE/
SIGNS,
100 N. RIVER:
Consent
Agenda
Ordinance
Z-23-06
RENEWAL
AGREEMENT/
BUS SHELTER
ADVERTISING:
Consent
Agenda
Resolution
R-73-06
PAGE SIX
031
6/5/06
execute "Bond and Loan Agreement -AS AMENDED" with the
Science & Arts Academy and First Midwest Bank; and
further recommend to place on First Reading Ordinance M-
25-0 6, AN ORDINANCE APPROVING AND AUTHORIZING THE
ISSUANCE AND SALE OF SCHOOL FACILITY REVENUE BONDS,
SERIES 2006 (SCIENCE AND ARTS ACADEMY) OF THE CITY OF DES
PLAINES, ILLINOIS; THE EXECUTION OF A BOND AND LOAN
AGREEMENT -AS AMENDED, AND OTHER DOCUMENTS RELATED
THERETO; AUTHORIZING THE SALE OF SAID BONDS TO THE
PURCHASER THEREOF; AND RELATED MATTERS THERETO. Motion
declared carried.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute "Agreement" with Science & Arts Academy which
provides that upon the issuance of the $7.7 million in
School Facility Revenue Bonds, Series 2006, for
construction of their new school building at 1825 and
1865 Miner Street, the Science & Arts Academy will pay
any and all incurring costs related to the bond issue;
and further recommend to adopt Resolution R-85-06, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE SCIENCE AND ARTS ACADEMY, AN ILLINOIS NOT-
FOR-PROFIT CORPORATION (SAA) AND THE CITY OF DES PLAINES
(CITY) . Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 06-24-CU, to grant request for Conditional
Use, with conditions, to permit office uses on the first
and second floor of existing building on property located
at 1365 Prospect Avenue in C-1 Neighborhood Shopping
District; and further recommend to place on First Reading
Ordinance Z-22-06, AN ORDINANCE GRANTING A CONDITIONAL
USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING
ORDINANCE TO PERMIT OFFICE USES ON THE FIRST AND SECOND
FLOORS OF AN EXISTING BUILDING AT 1365 PROSPECT AVENUE,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 06-40-LSA, to grant request for
Conditional Use for a Localized Sign Alternative Regular
Plan to permit replacement of existing ground sign with
a new ground sign containing an electronic message board
on property located at 100 N. River Road in I-1
Institutional District; and further recommend to place
on First Reading Ordinance Z-23-06, AN ORDINANCE
PERMITTING THE REPLACEMENT OF A GROUND SIGN WITH A NEW
GROUND SIGN CONTAINING AN ELECTRONIC MESSAGE BOARD IN
ACCORDANCE WITH SECTION 11.8 OF THE ZONING CODE AT 100
N. RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute "Renewal Agreement" with Illinois
Convenience & Safety Corporation, 6624 W. Irving Park
Road, Chicago, IL 60634 (original agreement approved by
the City Council on March 4, 1996 -Resolution R-10-96)
for advertising bus shelters in the City; IC&SC to pay
the City 15% of advertising revenues; term of renewal
agreement to be for ten (10) years from date of approval;
and further recommend to adopt Resolution R-73-06, A
RESOLUTION AUTHORIZING THE EXECUTION OF A RENEWAL
AGREEMENT BETWEEN THE CITY OF DES PLAINES AND ILLINOIS
CONVENIENCE & SAFETY CORPORATION FOR THE INSTALLATION AND
MAINTENANCE OF ADVERTISING IN BUS SHELTERS AT VARIOUS
LOCATIONS ALONG BUS ROUTES IN DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
TRANSFER OF
MWRD JUNCTION
STRUCTURE TO
CITY/
LEVEE 50:
Consent
Agenda
Resolution
R-86-06
REVISED IDOT
INTERGOVERN.
STREET MAINT.
AGREEMENT
RENEWAL:
Consent
Agenda
Resolution
R-87-06
RENEWED
AGREEMENT/
INTERIM DIR.
OF FINANCE:
Consent
Agenda
Resolution
R-88-06
AGREEMENT/
OAKTON COMMU.
COLLEGE,
JULY 4TH
FESTIVITIES:
Consent
Agenda
Resolution
R-89-06
OUTSIDE
POSTER
BANNERS/
DOWNTOWN:
Consent
Agenda
PAGE SEVEN
032
6/5/06
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute "Bill of Sale" with Metropolitan
Water Reclamation District of Greater Chicago, 100 E.
Erie Street, Chicago, IL 60611, to transfer jurisdiction
of the combined sewer junction structure, located within
the Miner Street right-of-way adjacent to 1842 Miner
Street and the proposed Levee 50 flood wall, from MWRD
to the City for the sum of $10; and further recommend to
adopt Resolution R-86-06, A RESOLUTION AUTHORIZING THE
EXECUTION OF A BILL OF SALE BETWEEN THE CITY OF DES
PLAINES AND THE METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Manager and City Clerk be
authorized to execute revised ten ( 10) -year
"Intergovernmental Agreement" renewal with Illinois
Department of Transportation (IDOT), 201 W. Center Court,
Schaumburg, IL 60196 (originally approved on June 6, 2005
-Resolution R-90-05), to perform maintenance services,
i.e. street sweeping, snow plowing on section of State
roads, from July 1, 2005 through June 30, 2015, with
initial one (1)-year term and then annual renewal
thereafter; for the estimated total compensation amount
for the ten (10)-year period of $1,091,688.67, instead
of the estimated first year only total of $89,712; and
further recommend to adopt Resolution R-87-06, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS
DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES
FOR MAINTENANCE SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Manager and City Clerk be
authorized to execute "Service Agreement" with Bob G.
Simpson for his services as Interim Director of Finance,
at an hourly rate of $60, June 2, 2006 until June 30,
2006, renewal upon the agreement of both parties
(original agreement approved on March 20, 2006
Resolution R-45-06); and further recommend to adopt
Resolution R-88-06, A RESOLUTION AUTHORIZING THE
EXECUTION OF A SERVICE AGREEMENT BETWEEN BOB G. SIMPSON
AND THE CITY OF DES PLAINES FOR HIS SERVICES AS INTERIM
DIRECTOR OF FINANCE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Manager and City Clerk 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 2006 Festival
and Fireworks on Tuesday, July 4, 2006, 1:00 p.m. to
11: 00 p.m.; and City to provide Certificate of Insurance;
and further recommend to adopt Resolution R-89-06, 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 2006. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from Rangel
Designs, 206 1/2 W. State Street, Suite 201, Geneva, IL
60134, for the purchase of ten (10) customized outdoor
poster banners in the amount of $3, 080, and accept
proposal from SwingFrame, 151 S. Main Street, Freeport,
NY 11520, for the purchase of ten (10) illuminated swing
poster cases in the amount of $4,985; for a total cost
of $8, 065/TIF #1 Funds; 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. p;rt
PATIO
VARIATION/
990 CARLOW:
PURCHASE OF
WATER-TRASH
PUMP/PUBLIC
WKS. DEPT.:
Consent
Agenda
BID AWARD/
RADIOS FOR
FIRE DEPT.:
Consent
Agenda
BID AWARD/
BREATHING
APPARATUS,
FIRE DEPT.:
Consent
Agenda
ORDINANCE
M-19-06
SPECIAL SVS.
AREA #8/
CRABTREE LN. :
ORDINANCE
M-25-06
SCHOOL FAC.
REV. BONDS/
1825-1865
MINER ST.:
PAGE EIGHT
033
6/5/06
Moved by Beauvais, seconded by Christiansen, to DENY
request for Variation to Section 4-7-11 of the Building
Code Amendments for property located at 990 Carlow Drive
to permit construction of a 55' wide patio that would
extend 36' from the building foundation (Code prohibits
patios from extending more than 15' from the building
foundation) .
Moved by Smith, seconded by Brookman, to adopt a
substitute motion to GRANT request for Variation to
Section 4-7-11 of the Building Code Amendments for
property located at 990 Carlow Drive to permit
construction of a 55' wide patio that would extend 36'
from the building foundation (Code prohibits patios from
extending more than 15' from the building foundation).
Motion declared carried (Aldermen Beauvais, Christiansen
and Murphy voted no).
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize purchase through the
Federal Government General Services Administration,
Contract #GS-07F-94916, of One (1) 6" Godwin Ori-Prime
Model CD150M Water-Trash Pump for the Public Works
Department in the total amount of $26,575.40/CERF Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award bid for purchase of Eight
(8) Motorola COM 1250 Mobile Radios and Seven (7)
Motorola PR Portable Radios to the lowest bidder,
Communications Direct, 735 Hunter Drive, Unit F, Batavia,
IL 60510, in the total bid amount of $8,727.80/Budgeted
Funds. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award bid for purchase of Draeger
Breathing Apparatus Components to the lowest bidder
Mettam Safety Supply, 1222 E. Voorhees, Danville, IL
61834, in the total bid amount of $9,215.60/Budgeted
Funds. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Christiansen, to advance to
Second Reading and adopt Ordinance M-19-06, AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA
NUMBER EIGHT IN THE CITY OF DES PLAINES, ILLINOIS
(CRABTREE LANE, CURBS AND GUTTERS). Upon roll call, the
vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 2-Beauvais, Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-25-06, AN ORDINANCE
APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF SCHOOL
FACILITY REVENUE BONDS, SERIES 2006 (SCIENCE AND ARTS
ACADEMY) OF THE CITY OF DES PLAINES, ILLINOIS, THE
EXECUTION OF A BOND AND LOAN AGREEMENT -AS AMENDED AND
OTHER DOCUMENTS RELATED THERETO; AUTHORIZING THE SALE OF
SAID BONDS TO THE PURCHASER THEREOF; AND RELATED MATTERS
THERETO. 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
Z-22-06
CONDIT. USE/
1365
PROSPECT:
ORDINANCE
Z-23-06
CONDIT. USE/
100 N. RIVER:
RE-APPOINT./
APPOINTMENTS:
WARRANT
REGISTER:
PAGE NINE
034
6/5/06
Moved by Becker, seconded by Brookman, to advance to
Second Reading and adopt Ordinance Z-22-06, AN ORDINANCE
GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE
DES PLAINES ZONING ORDINANCE TO PERMIT OFFICE USES ON THE
FIRST AND SECOND FLOOR OF AN EXISTING BUILDING AT 1365
PROSPECT AVENUE, DES PLAINES, ILLINOIS (Case 06-24-CU).
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 Christiansen, to advance
to Second Reading and adopt Ordinance Z-23-06, AN
ORDINANCE PERMITTING THE REPLACEMENT OF A GROUND SIGN
WITH A NEW GROUND SIGN CONTAINING AN ELECTRONIC MESSAGE
BOARD IN ACCORDANCE WITH SECTION 11.8 OF THE ZONING CODE
AT 100 N. RIVER ROAD, DES PLAINES, ILLINOIS (Case 06-40-
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.
Being presented for consideration (no action required)
were the following Mayoral re-appointments/appointments:
Re-Appointments:
ECONOMIC DEVELOPMENT COMMISSION
Mary Howard, Donald Roberts, James Ulett
SPECIAL EVENTS COMMISSION
James Wozny
ZONING BOARD OF APPEALS
Arnie Seegers
Appointments:
ARCHITECTURAL COMMISSION
Prafula Dunung (replacing Paul Lippold)
ECONOMIC DEVELOPMENT COMMISSION
Richard Grosse (replacing Rick Ornberg)
PLAN COMMISSION
Cornell Bar (replacing Corrinne Zobott)
SPECIAL EVENTS COMMISSION
Mary Klabacha (replacing Susan Locsmandy)
ZONING BOARD OF APPEALS
Brett Ludwig (replacing Dan Fletcher)
(final action on these matters under Consent Agenda on
June 19, 2 0 0 6)
Moved by Christiansen, seconded by Sayad, to waive the
two (2) -week waiting period and approve Mayoral
appointment to the SPECIAL EVENT COMMISSION OF Mary
Klabacha, term to expire August 31, 2010. 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 Smith, to recommend
to the City Council approval of the June 5, 2006 -
Warrant Register, in the total amount of $4,233,978.35,
and further recommend that Resolution R-84-06 be adopted
at appropriate time this evening. Motion declared
carried.
PURCHASE OF
AERIAL
LADDER FIRE
TRUCK:
REPORT/
UNDERSIZED
LOT
1630
GREENLEAF:
ZONING CASE
06-16-PUD
2811-2845 s.
MANNHEIM:
PAGE TEN
PUBLIC SAFETY -Alderman Beauvais, Chair
035
6 /5 /06
Fire Chief Heavey reviewed his memo of June 5, 2006,
regarding his recommendation that the City purchase a new
Ladder Truck to replace Truck 81; this would be a 2006
budgeted expenditure from Capital Equipment Replacement
Fund (CERF) .
Moved by Becker, seconded by Brookman, to concur with
Staff recommendation and recommend to the City Council
to approve purchase of One (1) Aerial Ladder Truck from
Pierce Manufacturing, P.O. Box 2017, Appleton WI, 54912,
and their exclusive Midwest vendor, Global Emergency
Products, 1402 N. Farnsworth Avenue, Aurora, IL 60505,
through either the Northwest Municipal Conference or the
Houston Galveston Area Council (HGAC) Joint Government
Purchasing Programs, for an amount not-to-exceed
$1, 000, 000/2006 CERF Budgeted Funds. Motion declared
carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker stated that 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. Tadeusz Zmuda has applied for a building permit to
raze existing single-family residence and construct a new
single-family residence on each undersized lot, 50' x
180' with a total lot area of 9,000 sq. ft.; on property
located at 1630 Greenleaf Avenue; based upon the review
of the petitioner's plans, the proposed single-family
residences are appropriate for the area.
Alderman Becker reviewed this request from Harp Des
Plaines, LLC, 377 Butterfield Road, Suite 690, Lombard,
IL 60148, for a Map Amendment and approval of Preliminary
Planned Unit Development (PUD) and Preliminary Plat for
property located at 2811-2845 S. Mannheim Road; both the
Des Plaines Plan Commission and Staff are recommending
that this request be granted.
Attorney Patrick Brankin, Schain, Butrney, Ross & Citron,
Ltd., 222 N. LaSalle, Suite 1910, Chicago, IL 60611,
representing the petitioner, addressed the Committee of
the Whole.
Mr. Brankin requested that Ordinance Z-20-06 be amended
to remove the name of LaQuinta Inn with a building height
of 87' and show an unnamed entity at this time.
A lengthy discussion was held on the request to permit
a total of 203 parking spaces for the two (2) hotel
development instead of the required 372 parking spaces.
Mr. Tim Franzen, parking official with The Harp Group,
addressed the Committee of the Whole stating that the
primary users of the hotels are expected to be travelers
coming through O'Hare Airport for whom a shuttle service
will be provided; a majority of their employees will use
public transportation.
Aldermen Beauvais, Murphy and Sayad expressed their
strong concern that 203 parking spaces will not be
sufficient for this development.
Mr. Peter Dumont, President of The Harp Group, stated
that the parking issue has been carefully planned and
they feel they will be able to meet their needs with 203
parking spaces.
MANNHEIM ROAD
(Cont'd. )
2006
COMPREHENSIVE
PLAN
REVISION:
PAGE ELEVEN
036
6/5/06
Mr. Dumont also stated that they will be giving the City
$100,000 before the end of June, 2006, for vacation of
City's right-of-ways on this site, with the remaining
amount of $400,000 upon issuance of Certificate o f
Occupancy.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
Committee of the Whole asking if this developer will be
given any incentives by the City. Director of Community
& Economic Development Bleuher said no.
Alderman Sayad asked Mr. Dumont if they were going to ask
for incentives. Mr. Dumont said no.
Alderman Sayad asked that the record show that Mr. Dumont
stated that The Harp Group will be requesting no
incentives for this development.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Des Plaines Plan Commission and Staff
and recommend to the City Council, re Zoning Case 06-16-
PUD, to grant request for Map Amendment to rezone
property located at 2811-2845 S. Mannheim Road from C-2
Limited Office Commercial to C-3 General Commercial
District and Ordinance M-19-0 6 be placed on First Reading
at appropriate time this evening; and further recommend
to approve Preliminary Planned Unit Development (PUD) and
Preliminary Plat to permit construction of two (2) hotels
and associated parking of 203 parking spaces instead of
the required 372 parking spaces on this 3.9 acre site,
and place on First Reading Ordinance Z-20-06, as amended
to remove reference of LaQuinta Inn as one of the hotels,
at appropriate time this evening; and City Attorney be
authorized to draft necessary Redevelopment Agreement
which will include that The Harp Group will receive no
incentives for this development and they will pay the
City $100,000 for vacation of City's right-of-ways on
this site with the remaining $400,000 being paid upon
issuance of Cgrtifieate sf Qgg~anc1~
'f}lc. P.>v&. I. 1' Jn/ I:. e~,,r.
Alderman Brookman stated that after reviewing the parking
situation for this development, she cannot support this
request.
Alderman Murphy stated that if The Harp Group could
provide for overflow parking, she would think
differently; she loves this project but cannot support
this because of the parking.
Upon roll call, the vote was:
AYES: 4-Christiansen, Becker, Smith, Argus
NAYS: 4-Beauvais, Murphy, Sayad, Brookman
ABSENT: 0-None
MOTION DECLARED FAILED (a tie vote is a failed vote) .
Director of Community & Economic Development Bleuher
reviewed his memo of May 26, 2006, which outlined the
preparation for this final draft of the 2006
Comprehensive Plan; several public hearings and public
input meetings have been held; the City's 1995
Comprehensive Plan was revised in 1998; this is just a
guide for development; a policy document.
Mr. Phil Hanegrast, Associate Vice President, and Gina
Trimarco, Project Manager, with HNTB Corporation, 111 N.
Canal Street, Suite 1250, Chicago, IL 60606, the City's
planning consulting firm retained on April 18, 2005 -
Resolution R-66-05, for a total fee of $105,071, gave a
PowerPoint presentation of their key recommendations/
statements.
The aldermen presented their questions and concerns about
the Plan and specific sites in the City.
COMP. PLAN
(Cont'd. )
ORDINANCE
M-14-06
LIQ. LIC./
570 OAKTON:
MINUTES/
EXEC. SESS.
5/1/06:
ORDINANCE
M-23-06
VEHICLE
IMMOBILIZA. :
WARRANT
REGISTER:
Resolution
R-84-06
PAGE TWELVE
037
6/5/06
Moved by Becker, seconded by Christiansen, to TABLE
further discussion on the 2006 Comprehensive Plan and the
aldermen provide the Staff with their questions and
concerns.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of Whole stating that it would be a good idea
to postpone this discussion to another meeting; it would
help if we could get a copy of the PowerPoint
presentation.
Ms. Terri Nelson, 1330 Rand Road, addressed the Committee
of the Whole stating that she is concerned that the new
Plan does not allow for mobile home parks; it was in the
old Plan but not in this one.
Ms. Marie Olson, 593 Nelson Lane, addressed the Committee
of the Whole stating that you have to have enough time
to discuss this and not start talking about this at 10:30
at night; it is very comprehensive with a lot of issues;
it should come to the public for full discussion.
A resident at 330 N. East River Road addressed the
Committee of the Whole stating that he has property in
the five (5)-corner area and is very concerned about what
is going to happen there; he appreciates that this is
being postponed; he is very concerned about what will
happen to his property; let the people know.
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Brookman, seconded by Murphy, to TABLE adoption
of Ordinance M-14-06, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING
LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE
DES PLAINES CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE
FOR X. S. LIQUORS, INC., D/B/A X. S. LIQUORS LOCATED AT
570 EAST OAKTON STREET, DES PLAINES, ILLINOIS. Motion
declared carried.
Moved by Becker, seconded by Christiansen, to approve
minutes of the Execution Session of the City Council held
May 1, 2006.
Moved by Sayad, seconded by Brookman, to adopt a
substitute motion to POSTPONE until June 19, 2006
approval of the minutes of the Executive Session of the
City Council held May 1, 2006. Motion declared carried.
Moved by Becker, seconded by Beauvais, to adopt Ordinance
M-23-06, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES
AND TRAFFIC," OF THE DES PLAINES CITY CODE BY ADDING
CHAPTER 11, "VEHICLE SEIZURE AND IMPOUNDMENT FOR
VIOLATIONS." 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 Brookman, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-84-06, 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:
$4,233,978.35. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None f ABSENT: 0-None
Motion declared carried.
PURCHASE OF
AERIAL
LADDER FIRE
TRUCK:
ZONING CASE
06-16-PUD
REZONING AND
PRELIMINARY
PUD AND PLAT/
2811-2845 s.
MANNHEIM:
Ordinance
Z-19-06
Ordinance
Z-20-05
ORDINANCE
Z-19-06:
2006
COMPREHENSIVE
PLAN
REVISION:
PAGE THIRTEEN
038
6/5/06
Moved by Beauvais, seconded by Becker, to concur with
recommendation of Committee of the Whole to approve
purchase of One ( 1) Aerial Ladder Truck from Pierce
Manufacturing, P.O. Box 2017, Appleton, WI 54912, and
their exclusive Midwest vendor, Global Emergency
Products, 1402 N. Farnsworth Avenue, Aurora, IL 60505,
through either the Northwest Municipal Conference (NWMC)
or the Houston Galveston Area Council (HGAC) Joint
Government Purchasing Programs, for an amount not-to-
exceed $1,000,000/2006 CERF Budgeted Funds. 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 Beauvais, to concur with
recommendation of Committee of the Whole, re Zoning Case
06-16-PUD, to grant request for Map Amendment to rezone
property located at 2811-2845 S. Mannheim Road from C-2
Limited Office Commercial to C-3 General Commercial
District, and place on First Reading Ordinance Z-19-06,
AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-2 LIMITED
OFFICE COMMERCIAL TO C-3 GENERAL COMMERCIAL DISTRICT FOR
THE PROPERTY LOCATED AT 2811-2845 MANNHEIM ROAD, DES
PLAINES, ILLINOIS. Motion declared carried. Alderman
Brookman voted no.
Mr. Peter Dumont, President of The Harp Group, addressed
the City Council stating they understand the aldermen's
concern about the parking and they will enter into
contracts with other office buildings in the area to use
their parking lots; they will cover the shortfall of 169
parking spaces.
Alderman Murphy asked that that be put in writing and
made part of the Redevelopment Agreement.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Des Plaines Plan Commission, re Zoning
Case 06-16-PUD, and approve Preliminary Planned Unit
Development (PUD) and Preliminary Plat to permit
construction of two (2) hotels and associated parking of
203 parking spaces instead of the required 372 parking
spaces on property located at 2811-2845 S. Mannheim Road,
and place on First Reading Ordinance Z-20-06, as amended
to remove reference of LaQuinta Inn as one of the hotels,
AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY
PLANNED UNIT DEVELOPMENT (PUD) AND PERMITTED PUD BULK
EXCEPTIONS FOR 2811-2845 SOUTH MANNHEIM ROAD, DES
PLAINES, ILLINOIS; AND City Attorney be authorized to
draft necessary Redevelopment Agreement which will
include that The Harp Group will receive no incentives
for this development; they will pay the City $100,000
before the end of June, 2006, for vacation of City's
right-of-ways on this site with the remaining $400,000
being paid upon issuance ot_ Certifi cat~ gf Occup21rioy; and
The Harp Group to provide in writing the contracts they
will have with other office buildings to provide
additional 169 parking spaces. Motion declared carried.
Alderman Brookman voted no.
Alderman Brookman asked "leave of the body" to change her
vote from no to yes on placing Ordinance Z-19-06 on First
Reading. There were no objections.
The vote on the motion to place on First Reading
Ordinance Z-19-06 was declared unanimous.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to TABLE further
discussion on the 2006 Comprehensive Plan and the
aldermen provide the Staff with their questions and
concerns. Motion declared carried.
SINGLE BID/
DISPOSAL OF
AGGREGATE
MATERIALS:
ADJOURNMENT:
PAGE FOURTEEN
039
6/5/06
Moved by Becker, seconded by Brookman, that City Clerk
McAllister be authorized to open single bid received on
May 23, 2006 for Disposal of Aggregate Materials. Motion
declared carried.
City Clerk McAllister announced that the bid was received
from Beverly Materials, LLC, 1100 Brandt Drive, El gin,
IL 60120, for Disposal of Aggregate Materi a l s f or
Division A -at the unit price of $15/ton for 2006-2007,
$16.25/ton for 2007-2008 and $17.25/ton for 2008-2009;
Division B -at the unit price of $17.00/ton for 2006-
2008, $18.50 for 2007-2008 and $19.50/ton for 2008-2009;
Division C -at the unit price of $13. 75/cu. yd. for
2006-2007, $15.65/cu. yd. for 2007-2008 and $17.75 cu.
yd. for 2008-2009;
Division D -$16,397 for 2006-2007, $18,375 for 2007-2008
and $20,310 for 2008-2009; and
Division E -$17, 397 for 2006-2007, $19, 500 for 2 007-
2008, and $21,435 for 2008-2009.
Mayor Arredia ref erred the bid to Staff for review and
report.
Moved by Becker, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:05p.m.
~dn-Ua .. fr~
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS ~d__,(~~~