02/02/2009MINUTES 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, FEBRUARY 2, 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, February 2, 2009.
ROLL CALL: Roll call indicated the following aldermen present:
Moylan, Murphy, Higgason, Walsten, Smith and Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Beauvais arrived in Executive Session at 6:15 p.m.
Also present were: City Manager Bajor, Assistant City Manager Slowinski,
Acting Director of Finance Wisniewski, Police Chief Prandini, Fire Chief
Jaeger, Director of Engineering Oakley, Acting Director of Public Works
Laux, Director of Community & Economic Development Conlan, Director of
Information Technology Duebner, Assistant City Attorney Bartel and City
Attorney Wiltse.
EXECUTIVE Moved by Murphy, seconded by Higgason, to go into
SESSION: Executive Session to discuss collective bargaining and
biannual review of Executive Session minutes. Upon roll
call, the vote was:
AYES: 6 -Moylan, Murphy, Higgason,
Walsten, Smith, Argus
NAYS: 0 -None
ABSENT: 2 -Beauvais, Brookman
Motion declared carried.
PRAYER:
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:10 p.m.
Roll call indicated the following aldermen present:
Beauvais, Moylan, Murphy, Higgason, Walsten, Smith,
Argus.
The opening prayer was given by The Reverend Dr. Daryl
Merrill, Jr., Christian Life Church, followed by the
Pledge of Allegiance to the Flag.
RECOGNITION: Fire Chief Jaeger introduced Police Detective Mike Heene,
Fire Investigators Brian Carmicheal, Dave Schuman and
Steve Ehas, who are being recognized for their
outstanding work that led to the six (6) -year conviction
of an arsonist who set fire to an apartment building on
Graceland Avenue in October of 2007.
CITIZEN
PARTICIPA.:
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that he recently attended a Town Meeting
on gang activities; he asked Police Chief Prandini where
there is gang activity in Des Plaines. Police Chief
Prandini stated that there are small pockets around the
City, but the main area of gang activity is at Howard
Avenue and Mannheim Road.
COLLECTIVE Moved by Beauvais, seconded by Mruphy, to concur with
BARGAINING/ majority agreement in Executive Session that Staff be
MECCA UNION: authorized to proceed as directed regarding negotiations
with the MECCA Union (Public Works). Motion declared
carried. Aldermen Moylan and Smith voted no.
P"'
BIANNUAL
REVIEW/
EXECUTIVE
SESSION
MINUTES:
CONSENT
AGENDA:
2/2/09
PAGE TWO
Moved by Smith, seconded by Murphy, to concur with
consensus in Executive Session that the following
Executive Session minutes or portions thereof, no longer
require confidential treatment and are available for
public inspection, as recommended by City Attorney Wiltse
in his memo of January 22, 2009:
January 21, 2002 -PENDING LITIGATION
United Feather & Down
-PENDING LITIGATION
Music Factory, 1428 Lee Street
-PENDING LITIGATION
Music Factory, 1428 Lee Street
-PENDING LITIGATION
United Feather & Down
-ACQUISITION OF REAL PROPERTY
Walgreen's, Miner Street - TIF #1
-PENDING LITIGATION
Swallow Const. vs. Hardin Paving
-PENDING LITIGATION
Oakton Street Annexation
-ACQUISITION OF REAL PROPERTY
Beverly Foundation Property
-PENDING LITIGATION
Harden Paving vs. City
-PENDING LITIGATION
Soundwall/TIF #6
-ACQUISITION OF REAL PROPERTY
Beverly Foundation Property
-PENDING LITIGATION
Elmdale Condos/Beau Drive
-PENDING LITIGATION
Hardin Paving vs. City
-PROBABLE-IMMINENT LITIGATION
Herlihy/Soundwall - TIF #6
Brownfields Grant/Walgreens,
1378 Miner St.
-PROBABLE-IMMINENT LITIGATION
Brownfields Grant/Walgreens,
1378 Miner St.
-PENDING LITIGATION
Annexation/1901 Elmhurst Road
-PENDING LITIGATION
Annexation/1901 Elmhurst Road
-PROBABLE-IMMINENT LITIGATION
Brownfields Grant/Walgreens,
1378 Miner St.
-PENDING LITIGATION
Hardin Paving vs. City
-PENDING LITIGATION
Hardin Paving vs. City
-PROBABLE-IMMINENT LITIGATION
ICC -Railroad Complaint
-EXECUTIVE SESSION MINUTES
Biannual Review
It was also the consensus of the aldermen that the need
for confidentiality still exists as to all or part of the
remaining minutes. Motion declared carried.
January 28, 2002
February 4, 2002
February 19,2002
August 5, 2002
December 15, 2003
June 7, 2004
December 20, 2004
January 17, 2005
February 7, 2005
March 7, 2005
April 18, 2005
January 17, 2006
June 19, 2006
July 17, 2006
August 21, 2006
September 5, 2006
September 18,2006
December 4, 2006
December 18, 2006
July 16, 2007
July 7, 2008
City Clerk McAllister requested that Items 3 and 3a be
removed from the Consent Agenda.
Moved by Murphy, seconded by Beauvais, to establish a
Consent Agenda except for Items 3 and 3a. Motion
declared carried.
Moved by Higgason, seconded by Smith, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy,
Higgason, Walsten, Smith, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Minutes were approved, and Staff recommendations and
requests were approved.
MINUTES:
Consent
Agenda
FACADE REHAB.
REBATE PROG./
777 S.
ELMHURST:
Resolution
R-16-09
REAPPOINT.:
Consent
Agenda
REAPPOINT.:
AMEND THE
AGENDA:
PRESENTATION/
MIDWEST
GAMING AND
ENTERTAINMENT
10TH CASINO
LICENSE:
2/2/09
PAGE THREE
Moved by Higgason, seconded by Smith, to approve minutes
of the regular meeting of the City Council held January
20, 2009, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Smith, to approve minutes
of the Executive Session of the City Council meeting held
January 20, 2009. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Beauvais, to concur with
recommendation of Des Plaines Economic Development
Commisison to authorize payment of $13,222.83/Budgeted
Funds, to JAV Enterprise (Jiffy Lube), as the City's
contribution for exterior facade improvements under the
Facade Rehabilitation Rebate Program for property located
at 777 S. Elmhurst Road; and further recommend to adopt
Resolution R-16-09, A RESOLUTION AUTHORIZING THE PAYMENT
OF $13,222.83 TO JAV ENTERPRISE, INC. D/B/A JIFFY LUBE,
OWNER OF 777 SOUTH ELMHURST ROAD, DES PLAINES, ILLINOIS,
60016, AS THE CITY'S CONTRIBUTION OF THE PROPERTY'S
FACADE REHABILITATION. Upon roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy,
Higgason, Walsten, Smith, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Higgason, seconded by Smith, to approve Mayoral
reappointment to the SPECIAL EVENTS COMMISSION of Gayle
Mountcastle, term to expire August 31, 2012. Motion
declared carried as approved unanimously under Consent
Agenda.
Presented for consideration (no action required) was the
Mayoral reappointment to the YOUTH COMMISSION of Karen
S. Briskey. (final action on this matter under Consent
Agenda on February 17, 2009)
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
Moved by Murphy, seconded by Beauvais, to amend the
agenda to bring forward the presentation by Midwest
Gaming & Entertainment, LLC regarding the 10th Casino
License, scheduled to be held later in the meeting.
Motion declared carried.
Alderman Murphy stated that Midwest Gaming &
Entertainment, LLC, have been invited to give a review
of their presentation before the Illinois Gaming Board,
which awarded the 10th Casino License to Midwest Gaming
& Entertainment on December 22, 2008.
Mr. Greg Carlin and Mr. Scott Strusiner, representing Mr.
Neil Bluhm, Chairman of Midwest Gaming & Entertainment,
gave a lengthy PowerPoint presentation (in the City
Council file) regarding their bid before the Illinois
Gaming Board.
Mr. Gary Clark, 900 Lee Street, addressed the Committee
of the Whole asking how many jobs will be created. Mr.
Carlin said approximately 1,000.
FINANCE & ADMINISTRATION - Alderman Smith, Chair
2/2/09
PAGE FOUR
WARRANT Moved by Murphy, seconded by Argus, to recommend to the
REGISTER: City Council approval of the February 2, 2009 - Warrant
Register, in the total amount of $2,495,949.68, and
further recommend that Resolution R-17-09 be adopted at
appropriate time this evening. Motion declared carried.
PUBLIC SAFETY - Alderman Beauvais, Chair
TRAFFIC CODE Police Chief Prandini reviewed his memo of January 21,
AMENDMENT/ 2009, regarding his recommendation that the City's
DISOBEYED Traffic Code be amended to include "Disobeyed Railroad
RAILROAD Signals" for enforcement of pedestrian railroad crossing
SIGNALS: violations; enforcement would be through the
Administrative Hearings Program which would enhance
revenues for the City that would normally be kept within
the Cook County court system.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that the money then would
come to us direct without going through Todd Stroger.
Moved by Higgason, seconded by Argus, to concur with
Staff recommendation and recommend to the City Council
that Title 7, Chapter 2 - "Traffic Code," Section of 7-2-
1 of the City Code be amended to add "Bridge and Railroad
Signals and Crossings" for enforcement of pedestrian
railroad crossing violations through the Administrative
Hearings Program; and Ordinance M-4-09 be placed on First
Reading at appropriate time this evening. Motion
declared carried.
AMENDMENT/ Police Chief Prandini reviewed his memo of January 21,
ADMINISTRA. 2009, regarding his recommendation that the
HEARINGS Administrative Hearings Program ordinance be amended to
PROGRAM: allow the Police Department to enforce all the violations
cited in Title 4, Chapter 12 - "Public Passenger
Vehicles" of the City Code.
Moved by Higgason, seconded by Argus, to concur with
Staff recommendation and recommend to the City Council
that Title 1, Chapter 16 - "Administrative Hearings
Program" of the City Code be amended to include all Title
4 - "Business Regulations" violations; allow the
imposition of a maximum fine of $50,000 per violation per
day exclusive of costs; and Ordinance M-5-09 be placed
on First Reading at appropriate time this evening.
Motion declared carried.
AMENDMENT/ Alderman Beauvais reviewed Police Chief Prandini's
CRIME -FREE recommendation to require mandatory participation in the
MULTIHOUSING Crime -Free Housing Program for rental property owners who
PROGRAM: obtain licenses for residential properties that are used
for rental purposes.
Moved by Walsten, seconded by Higgason, to concur with
Staff recommendation and recommend to the City Council
that Title 10, Chapter 3, Section 10-3-4-1 - "Crime -Free
Multihousing Program" of the City Code be amended to
require mandatory participation in the Crime -Free
Multihousing Program for all rental property owners that
are licensed by the City; and Ordinance M-6-09 be placed
on First Reading at appropriate time this evening.
Motion declared carried.
COMMUNITY SERVICES - Alderman Moylan, Chair
SPECIAL Alderman Moylan stated that there seems to be some
EVENTS concern regarding whether to have a 4th of July parade
COMMISSION/ included in the Special Events Commission's schedule this
4TR OF JULY year; or, if the money is not there, hold only a 4th of
PARADE: July parade; and can earmarked funds be used. City (�
2/2/09
PAGE FIVE
SPEC. EVENTS Attorney Wiltse said there are no earmarked funds; they
(Cont'd.) are sales proceeds and not really escrow funds, so they
can be used.
Alderman Higgason stated that a parade is tradition in
Des Plaines; it is important because it brings a spirit
to our City; people would prefer to see the parade
continue.
Alderman Walsten asked if the salary of the recently
resigned Director of Public Works could be used for the
parade. City Manager Bajor said the cost of this
person's severance package would not match the cost.
Alderman Walsten stated that he would like to see both
events; they make the community better.
Alderman Murphy stated that the Special Events Commission
is doing a phenomenal job bringing money into these
events; she wonders if there is enough time to put a
parade together at this point; she also would like to
know what is the actural cost that would be needed.
Alderman Argus stated that maybe The Taste of Des Plaines
could be only two (2) days instead of three (3) and have
the parade too.
Alderman Smith stated that by looking at the cost spread
sheet provided to the aldermen, he thinks we would have
enough money to do both events.
Chairman of the Special Events Commission, Linda Forman,
read a statement (in the City Council file) outlining the
Commission's understanding of the financial situation
regarding The Taste of Des Plaines and the possibility
of their coordinating a parade too; the Commission is
asking for a clear decision in writing as to whether they
should proceed with The Taste of Des Plaines, add the
parade or not do either.
A member of the Special Events Commission, Gayle
Mountcastle, read a statement (in the City Council file)
from the Executive Director of the Des Plaines Chamber
of Commerce and Industry, Barbara Ryan, urging the City
to find the means to keep The Taste of Des Plaines and
the parade.
Alderman Walsten stated that he thinks the City is
getting a "better bang for the buck" with The Taste of
Des Plaines; we could have a smaller parade.
Alderman Higgason stated that it is important to have a
parade; everyone - seniors, children, churches
participate; maybe we should have a "community effort"
parade; the parade should go on.
Moved by Murphy, seconded by Walsten, to recommend to the
City Council that the Special Events Commission organize
and manage The Taste of Des Plaines event and the 4th of
July Parade (and fireworks) within their 2009 budgeted
amount of $48,922.11. Motion declared carried. Alderman
Higgason voted no.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
ORDINANCE Moved by Smith, seconded by Beauvais, to adopt Ordinance
141-09 M-1-09, AN ORDINANCE AMENDING SCHEDULE IV -B, "CLERICAL,
2009 SALARY ACCOUNTING AND MISCELLANEOUS PERSONNEL/NON-UNION,"
SCHEDULE & SCHEDULE V-A, "TECHNICAL, ENGINEERING AND INSPECTION
POSITION PERSONNEL/UNION," SCHEDULE V -B, "TECHNICAL, ENGINEERING
CHANGES: AND INSPECTION PERSONNEL/NON-UNION," SCHEDULE VII -A,
"MANAGEMENT PERSONNEL/NON-UNION," AND SCHEDULE VII -B,
2/2/09
PAGE SIX
M-1-09 "MANAGEMENT PERSONNEL/NON-UNION," OF SECTION 1-8-4
(Cont'd.) "CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 8,
TITLE 1, OF THE CITY CODE OF DES PLAINES, TO REFLECT A
3.5%INCREASE EFFECTIVE JANUARY 1, 2009 TO DECEMBER 31,
2009. Upon roll call, the vote was:
AYES: 5 -Beauvais, Moylan, Higgason, Walsten, Smith
NAYS: 2 -Murphy, Argus
ABSENT: 1 -Brookman
Motion declared carried.
ORDINANCE Moved by Smith, seconded by Walsten, to adopt Ordinance
M-2-09 M-2-09, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE
2009 EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY,
APPROPRIA.: ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL
APPROPRIATION BILL," FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009. Upon roll
call, the vote was:
AYES: 6 -Beauvais, Moylan, Higgason,
Walsten, Smith, Argus
NAYS: 1 -Murphy
ABSENT: 1 -Brookman
Motion declared carried.
INTERGOVERN. Moved by Walsten, seconded by Higgason, to concur with
AGREEMENT/ Staff recommendation to authorize City Manager and City
SCHOOL Clerk to execute "Agreement" with School District #62,
RESOURCE 777 E. Algonquin Road, to provide a School Resource
OFFICER, Officer to rotate between Algonquin, Chippewa and
SCHOOL DIST. Iroquois schools for nine (9) months beginning January
#62: 5, 2009; School District #62 to reimburse the City for
the officer's base salary and benefits; and further
Resolution recommend to adopt Resolution R-10-09, A RESOLUTION
R-10-09 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMMUNITY
CONSOLIDATED SCHOOL DISTRICT 62 FOR THE PAYMENT OF A
POLICE OFFICER'S SALARY BY DISTRICT 62 TO PROVIDE A
SCHOOL RESOURCE OFFICER FOR THE SCHOOL DISTRICT. Upon
roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy,
Higgason, Walsten, Smith, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
WARRANT Moved by Smith, seconded by Walsten, to concur with
REGISTER: recommendation of Committee of the Whole to adopt
Resolution R-17-09, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R-17-09 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$2,495,949.68. Upon roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy,
Higgason, Walsten, Smith, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
TRAFFIC CODE Moved by Beauvais, seconded by Murphy, to concur with
AMENDMENT/ recommendation of Committee of the Whole that Title 7,
DISOBEYED Chapter 2 - "Traffic Code," Section 7-2-1 of the City
RAILROAD Code be amended to add "Bridge and Railroad Signals and
SIGNALS: Crossings" for enforcement of pedestrian railroad
crossing violations through the Administrative Hearings
Ordinance Program; and further recommend to place on First Reading
M-4-09 Ordinance M-4-09. Motion declared carried.
Moved by Beauvais, seconded by Murphy, to advance to
Second Reading and adopt Ordinance M-4-09, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER
2, "TRAFFIC CODE," SECTION 1, "ADOPTION OF ILLINOIS
VEHICLE CODE; VIOLATIONS," OF THE CITY OF DES PLAINES
CITY CODE. Upon roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy,
Higgason, Walsten, Smith, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
1
2/2/09
PAGE SEVEN
AMENDMENT/ Moved by Beauvais, seconded by Argus, to concur with
ADMINISTRA. recommendation of Committee of the Whole that Title 1,
HEARINGS Chapter 16 - "Administrative Hearings Program" of the
PROGRAM: City Code be amended to include all Title 4 - "Business
Regulations" violations; allow the imposition of a
Ordinance maximum fine of $50,000 per violation per day exclusive
M-5-09 of costs; and further recommend to place on First Reading
Ordinance M-5-09. Motion declared carried.
Moved by Beauvais, seconded by Murphy, to advance to
Second Reading and adopt Ordinance M-5-09, AN ORDINANCE
AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 16,
"ADMINISTRATIVE HEARINGS PROGRAM," OF THE DES PLAINES
CITY CODE. Upon roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy,
Higgason, Walsten, Smith, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
AMENDMENT/ Moved by Beauvais, seconded by Argus, to concur with
CRIME -FREE recommendation of Committee of the Whole that Title 10,
MULTIHOUSING Chapter 3, Section 10-3-4-1 - "Crime -Free Multihousing
PROGRAM: Program" of the City Code be amended to require mandatory
participation in the Crime -Free Multihousing Program for
Ordinance all rental property owners that are licensed by the City;
14,-6-09 and further recommend that Ordinance M-6-09 be placed on
First Reading at appropriate time this evening. Motion
declared carried.
Moved by Beauvais, seconded by Walsten, to advance to
Second Reading and adopt Ordinance M-6-09, AN ORDINANCE
AMENDING TITLE 10, "BUILDING REGULATIONS," CHAPTER 3,
"PROPERTY MAINTENANCE AND OCCUPANCY," SECTION 4,
"LICENSING OF RESIDENTIAL PROPERTIES USED FOR RENTAL
PURPOSES," SUBSECTION 1, "CRIME -FREE MULTIHOUSING
PROGRAM," OF THE CITY OF DES PLAINES CITY CODE. Upon
roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy,
Higgason, Walsten, Smith, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
SPECIAL Moved by Murphy, seconded by Walsten, to concur with
EVENTS recommendation of Committee of the Whole that the Special
COMMISSION/ Events Commission organize and manage The Taste of Des
EVENTS: Plaines event and the 4th of July Parade (and fireworks)
within their 2009 budgeted amount of $48,922.11. Motion
declared carried.
ADJOURNMENT: Moved by Murphy, seconded by Walsten, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:00 p.m.
Donna McAllister, MMC - CITY CLERK
APPROVEE THIS L 4?
DAY OF , 2009
Anth Arredia, MAYOR