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01/05/2009MINUTES 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, JANUARY 5, 2009 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, January 5, 2009. ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Brookman, Walsten, Smith and Argus. Alderman Beauvais was absent. Alderman Beauvais arrived in Executive Session at 6:08 p.m. Also present were: City Manager Bajor, Assistant City Manager Slowinski, Acting Director of Finance Wisniewski, Police Chief Prandini, Deputy Fire Chief Eilken, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan, Director of Information Technology Duebner and City Attorney Wiltse. EXECUTIVE Moved by Higgason, seconded by Murphy, to go into SESSION: Executive Session to discuss collective bargaining and personnel. Upon roll call, the vote was: AYES: 7 -Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 1 -Beauvais Motion declared carried. PRAYER: CITIZEN PARTICIPA.: 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, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus. The opening prayer was given by Reverend Valentin Popovici, Romanian Baptist Church, followed by the Pledge of Allegiance to the Flag. Mr. John Milstead, 2515 Church Street, addressed the City Council wishing everyone a Happy New Year; also bikers should be more careful when riding at night; he almost hit two (2) bikers the other night backing out of his driveway. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that a man recently died from carbon monoxide in a downtown condominium building while repairing a dryer; nothing has been done by the City for a solution; perhaps the City Code should be looked at regarding proper ventilation. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the weather in New York on New Year's Eve was very cold but one million people turned out; the next day 41 tons of garbage was picked up by City workers; the Mayor of New York publicly thanked the workers; did the City thank the workers here in Des Plaines for working in the cold weather on New Year's Eve?; he appreciates what they did. CITIZEN (Cont'd.) PERSONNEL/ SEVERANCE PACKAGE FOR EMPLOYEES: COLLECTIVE BARGAINING/ MAP LOCAL #240 POLICE UNION: CONSENT AGENDA: MINUTES: Consent Agenda 1/5/09 PAGE TWO Mr. Mike Elliott, Illinois Flood Action Group, addressed the City Council stating that they have received a number of complaints regarding flood insurance; Mayor Arredia made an appointment with Illinois Attorney General Lisa Madigan's office to see what can be done; Mayor Arredia said we just can't complain, we need perspective as to what can be done; we should set goals; he thanked Mayor Arredia for his assistance. Moved by Smith, seconded by Moylan, to concur with majority agreement in Executive Session that laid off employees be offered the following severance package: --management level employee - three (3) months of salary (January through March) and six (6) months of paid health insurance (January through June); --MECCA employees: crew leader - six (6) months of paid health insurance (January through June); two (2) MECCA employees - two (2) months of salary (January and February) and six (6) months of paid health insurance (January through June); the MECCA employees not selecting paid health insurance, two (2) months of salary (January and February); one (1) MECCA employee - six (6) months of paid health insurance (January through June); - -AFSCME employees - three (3) months of salary (January through March) and six (6) months of paid health insurance (January through June); - -two (2) part-time employees - provide prorata salary equivalent to three (3), months of salary (January through March) and no paid health insurance; and Staff be authorized to prepare the necessary documentation for the bargaining units and for each employee to effectuate their respective severance package. Upon roll call, the vote was: AYES: 5 -Moylan, Higgason, Brookman, Walsten, Smith NAYS: 3 -Beauvais, Murphy, Argus ABSENT: 0 -None Motion declared carried. Moved by Brookman, seconded by Higgason, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding negotiations with MAP Local #240 Police Union. Motion declared carried. Alderman Murphy requested that Items 5 and 5a be removed from the Consent Agenda. Moved by Murphy, seconded by Beauvais, to establish a Consent Agenda except for Items 5 and 5a. Motion declared carried. Moved by Brookman, seconded by Murphy, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-1-09, R-2-09, R-3-09 and R-4-09 were adopted. Moved by Brookman, seconded by Murphy, to approve minutes of the Special meeting of the City Council held December 11, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to approve minutes of the regular meeting of the City Council held December 15, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. am MINUTES (Cont'd.) EXTENSION OF TIME/ VARIATION 1382-98 PRAIRIE AVE.: Ordinance Z-1-09 2009 GIS DATABASE SERVICES/ MUNICIPAL GIS PARTNERS: Consent Agenda Resolution R-1-09 PUBLIC IMPROVEMENTS/ 2217 & 2225 SPRUCEWOOD: Consent Agenda Resolution R-2-09 AMBULANCE BILLING SERVICES: Consent Agenda Resolution R-3-09 1/5/09 PAGE THREE Moved by Brookman, seconded by Murphy, to approve minutes of the Executive Session (Session One) of the City Council held December 15, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to approve minutes of the Executive Session (Session Two) of the City Council held December 15, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Argus, to concur with Staff recommendation to grant request for second Extension of Time, through March 22, 2010 (first Extension of Time approved by the City Council on May 5, 2008 - Ordinance Z-6-08 until March 22, 2009), for construction of a 40 -unit condominium development with variations (approved by the City Council on March 19, 2007 - Ordinance Z-7-07), for property located at 1382- 1398 Prairie Avenue; and further recommend to place on First Reading Ordinance Z-1-09, AN ORDINANCE GRANTING AN EXTENSION OF ORDINANCE Z-7-07 WHICH AUTHORIZED TWO MAJOR VARIATIONS TO SECTIONS 7.3-8 E. AND 10.8-2 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF A 40 -UNIT CONDOMINIUM DEVELOPMENT WITH A LOT AREA OF 27,900 SQUARE FEET WITH NO INTERIOR PARKING LOT LANDSCAPING AT 1382-1398 PRAIRIE AVENUE DES PLAINES, ILLINOIS (Case 06-134-V). Upon roll call, the vote was: AYES: 6 -Beauvais, Moylan, Higgason, Brookman, Smith, Argus NAYS: 1-Walsten ABSENT: 0 -None PRESENT:1-Murphy Motion declared carried. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize Mayor and City Clerk to execute "GIS Consortium Service Provider Contract" with Municipal GIS Partners, Inc., 3500 Western Avenue, Suite 200, Highland Park, IL 60035, to provide 2009 GIS Database Services at a cost not -to -exceed $175,277/GIS Budgeted Funds; and further recommend to adopt Resolution R-1-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN MUNICIPAL GIS PARTNERS, INC. AND THE CITY OF DES PLAINES FOR GIS DATABASE SERVICES FOR CALENDAR YEAR 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to accept Public Improvements for Cashel Hill Subdivision, 2217 and 2225 Sprucewood Avenue, consisting of public sidewalks, storm sewer and driveway aprons; authorize release of Letter of Credit in the amount of $6,767 (cash warranty in the amount of $3,412 will be held for 18 months); and further recommend to adopt Resolution R-2-09, A RESOLUTION ACCEPTING* THE PUBLIC IMPROVEMENTS FOR CASHEL HILL SUBDIVISION LOCATED AT 2217 AND 2225 SPRUCEWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to accept proposal from Medical Reimbursement Services, Inc., P.O. Box 438495, Chicago, IL 60643, to provide Ambulance Billing Services for the period January 1, 2009 to December 31, 2011, in the amount of 6.0% of collections; City Manager and City Clerk be authorized to execute "Consulting Services Agreement;" and further recommend to adopt Resolution R- 3-09, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM MEDICAL REIMBURSEMENT SERVICES, INC. FOR AMBULANCE BILLING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ MULTI-PURPOSE UTILITY MAINTENANCE MACHINE: Consent Agenda Resolution R-4-09 REAPPOINT.: Consent Agenda APPOINTMENTS: WARRANT REGISTER: RESTRUCTURING OF TIF DISTRICT #3: 1/5/09 PAGE FOUR Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for purchase of Multi - Purpose Utility Maintenance Machine to the lowest bidder, Atlas Bobcat, Inc., 5050 N. River Road, Schiller Park, IL 60176, in the total bid amount of $77,823/Budgeted Funds; and further recommend to adopt Resolution R-4-09, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIBLE BID OFFER FROM ATLAS BOBCAT, INC. FOR THE PURCHASE OF A MULTI-PURPOSE UTILITY MAINTENANCE MACHINE AT A COST OF $77,823. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to approve Mayoral reappointments to the SPECIAL EVENTS COMMISSION of Lucille Adamick and Joyce Solvig, terms to expire August 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) was the Mayoral appointment to the LIBRARY BOARD OF TRUSTEES of Selma D'Souza (completing term of Maria Bahamon) . (final action on this matter under Consent Agenda on January 20, 2009) MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION - Alderman Smith, Chair Moved by Hiaaason, seconded by Brookman, to recommend to the City Council approval of the January 5, 2009 - Warrant Register, in the total amount of $13,424,140.90, and further recommend that Resolution R-5-09 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Murphy, Chair Director of Community & Economic Development Conlan reviewed his memo of December 5, 2008 regarding the financial performance of TIF District #3; an analysis was done of various measures by which the revenues derived from the new development could be adjusted to cover the cost of the bonds issued for property acquisition and site preparation; the analysis indicated that extending the term of the TIF district, thus allowing the bonds to be refinanced, would provide the debt coverage necessary for the District to perform financially; authorizing a 12 -year extension of the life of the TIF district by the City (from 2022 to 2034), is the first step in the process. Director Conlan stated that deferring payments until later years would provide significant relief to the general fund; the district begins fully covering its debt in the year 2016 and, prior to that, the subsidy required between 2009 and 2015 would total only $872,511, an amount that is only 9.7% of the total $8.967 million subsidy required under the current structure. Director Conlan stated that once the City authorizes the 12 -year extension, the approval of the Joint Review Board (representatives of the County, Township, School Districts, community colleges and Park Districts) is required; finally, the extension must be approved by an Act of the General Assembly and signed by the Governor. Several aldermen expressed concern about this TIF district and would like to see the documentation that created this TIF. TIF #3, (Cont'd.) ELECTRICITY METERING/ WIND TURBINE FARMS: Resolution R-7-09 MINUTES/ 12/1/08: 1/5/09 PAGE FIVE Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that he also agrees that this TIF was a catastrophe from the beginning; he is not in favor of TIFs but if this is a solution you must get the other bodies to agree and the General Assembly. Moved by Beauvais, seconded by Argus, to concur with Staff recommendation and recommend to the City Council to approve amendment to Ordinance M-40-00 (approved by the City Council on August 7, 2000), which approved the Tax Increment Redevelopment Plan and Project No. 3 (Wille Road/Mt. Prospect Road - TIF #3), to extend the 23 -year completion date (2022) for the TIF #3 Redevelopment Project to 35 years (2034) to allow the TIF Project to meet its debt obligation; and Resolution R-6-09 be adopted at appropriate time this evening. Motion by Alderman Moylan that an outside attorney be hired to review the documentation regarding the development of TIF District #3, was ruled out of order by Chairman Murphy. City Attorney Wiltse said that motion could be made after the vote on the main motion. Alderman Moylan asked when the City Council could expect to receive the Staff's review of these documents. City Manager Bajor said by the second meeting in February. Motion declared carried on Alderman Beauvais' motion. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Walsten, seconded by Argus, to concur with Staff recommendation that City be authorized to affirm its support for the pending renewable energy legislation for net aggregate metering for all electricity generated at wind turbine farms; and further recommend to adopt Resolution R-7-09, A RESOLUTION IN SUPPORT OF NET AGGREGATE ELECTRICAL METERING FOR ILLINOIS UNITS OF LOCAL GOVERNMENT AND SCHOOL DISTRICTS. Alderman Walsten requested that a presentation be made at the next City Council meeting regarding this pending renewable energy legislation and its benefits. Alderman Smith stated that he doesn't know why a presentation is necessary since the City Council is voting on this matter this evening. Upon roll call, the vote was: AYES: 7 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Argus NAYS: 1 -Smith ABSENT: 0 -None Motion declared carried. Moved by Murphy, seconded by Argus, to approve amendment to the minutes of the regular meeting of the City Council held December 1, 2008 as follows: Page Nine - "2009 BUDGET," after Third Paragraph insert: "Alderman Argus asked the following of City Attorney David Wiltse: Wayne Serbin has just made the observation that Alderman Marty Moylan is a "union representative." As a paid union representative and business agent for a union, is it a conflict of interest for Alderman Marty Moylan to vote on union contracts, on a budget that eliminates City union employees and/or a motion that retains City union employees? City Attorney David Witlse said that Alderman Moylan does not have a conflict because he is voting on a different union (other than his own)." Motion declared carried. 1 1 1 MINUTES (Cont'd.) WARRANT REGISTER: Resolution R-5-09 RESTRUCTURING OF TIF DISTRICT #3: Resolution R-6-09 ORDINANCE Z-1-09 EXTENSION OF TIME/ VARIATIONS 1382-98 PRAIRIE AVE.: ADJOURNMENT: 1/5/09 PAGE SIX Moved by Murphy, seconded by Higgason, to approve minutes of the regular meeting of the City Council held December 1, 2008 - AS AMENDED. Motion declared carried. Moved by Smith, seconded by Higgason, to concur with recommendation of Committee of the Whole to adopt Resolution R-5-09, 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: $13,424,140.90. Upon roll call, the vote was: AYES: 8 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole to approve amendment to Ordinance M-40-00 (approved by the City Council on August 7, 2000), which approved the Tax Increment Redevelopment Plan and Project No. 3 (Wille Road/Mt. Prospect Road - TIF #3), to extend the 23 -year completion date (2022) for the TIF #3 Redevelopment Project to 35 years (2034) to allow the TIF Project to meet its debt obligation; and further recommend to adopt Resolution R-6-09, A RESOLUTION APPROVING AN AMENDMENT TO ORDINANCE M-40-00, THE REDEVELOPMENT PLAN AND PROJECT FOR THE CITY OF DES PLAINES, ILLINOIS TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT NO. 3 (WILLE ROAD/MOUNT PROSPECT ROAD - TIF #3). Upon roll call, the vote was: AYES: 8 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Beauvais, seconded by Higgason, to advance to Second Reading and adopt Ordinance Z-1-09, AN ORDINANCE GRANTING AN EXTENSION OF ORDINANCE Z-7-07 WHICH AUTHORIZED TWO MAJOR VARIATIONS TO SECTIONS 7.3-8 E. AND 10.8-2 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF A 40 -UNIT CONDOMINIUM DEVELOPMENT WITH A LOT AREA OF 27,900 SQUARE FEET WITH NO INTERIOR PARKING LOT LANDSCAPING AT 1382-1398 PRAIRIE AVENUE, DES PLAINES, ILLINOIS (Case 06-134-V). Upon roll call, the vote was: AYES: 6 -Beauvais, Moylan, Higgason, Brookman, Smith, Argus NAYS: 1-Walsten ABSENT: 0 -None PRESENT:1-Murphy Motion declared carried Moved by Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:25 p.m. Donna McAllister, MMC - CITY CLERK APPROVED BY ME THIS a. ..3 DAY OF W. A- redia, MAYOR 2009