03/16/2009MINUTES 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, MARCH 16, 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, March 16, 2009.
ROLL CALL: Roll call indicated the following aldermen present:
Murphy, Higgason, Walsten, Smith and Argus. Aldermen
Beauvais, Moylan and Brookman were absent. Alderman
Beauvais arrived in Executive Session at 6:04 p.m.
Alderman Moylan arrived in Executive Session at 6:20 p.m.
Alderman Brookman arrived at 7:34 p.m.
Also present were: 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, Director of Human Resources Earl, Assistant City
Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER:
PUBLIC
HEARING/
VILLAGE OF
NILES REV.
BONDS:
CALL TO
ORDER:
Moved by Murphy, seconded by Argus, to go
Session to discuss collective bargaining
Upon roll call, the vote was:
AYES: 5 -Murphy, Higgason, Walsten, Smit
NAYS: 0 -None
ABSENT: 3 -Beauvais, Moylan, Brookman
Motion declared carried.
into Executive
and personnel.
h, Argus
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:04 p.m.
Roll call indicated the following aldermen present:
Beauvais, Moylan, Murphy, Higgason, Walsten, Smith,
Argus.
The opening prayer was given by Reverend Gary Houdek,
Golf Road Baptist Church, followed by the Pledge of
Allegiance to the Flag.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES
PLAINES CIVIC CENTER, MONDAY, MARCH 16, 2009
Mayor Arredia called the Public Hearing to order at 7:05
p.m. The Public Hearing was being held pursuant to legal
notice to give citizens the opportunity to comment on the
proposed issuance by the Village of Niles, Illinois of
revenue bonds in a principal amount not to exceed
$5,000,000 to refinance all or a portion of the costs of
acquiring, constructing, renovating and equipping
educational facilities located in Niles and Des Plaines.
DISCUSSION: Director of Community & Economic Development Conlan gave
a brief overview of this matter. Further action on this
matter under Consent Agenda, Items 6 and 6a.
Mayor Arredia asked for comments from the aldermen and
the public. There were none.
The Public Hearing adjourned at 7:07 p.m.
The City Council reconvened at 7:08 p.m.
3/16/09
PAGE TWO
CITIZEN Mr. Brian Burkross, 2133 Webster Lane, addressed the City
PARTICIPA.: Council stating that he is President of the Citizens for
Political Reform; they are hosting a "Meet & Greet"
Candidates Night at Friendship Park on Thursday, March
19, 2009 from 7:00 p.m. to 9:00 p.m.; everyone is invited
to attend and meet the candidates; he thanked Alderman
Argus for her assistance in arranging the availability
of Friendship Park for this event.
Mrs. Kathy Krus, 888 Mason Lane, addressed the City
Council stating that she and her neighbors have a problem
with the Science & Arts Academy with the noise and
activities on their property; we were told the playground
would only be used by younger children and during limited
hours; children are out there from 10:00 a.m. to 3:00
p.m. everyday and then again at 6:00 p.m.; we have gone
to the Staff of the Science & Arts Academy, but they are
not cooperative; they told us to sue them.
Alderman Beauvais stated that the neighbors are looking
to the City for reasons why the Science & Arts Academy
are not following through on the requirements of their
Conditional Use; the Staff needs to look at the minutes
to see what was promised.
Mayor Arredia requested Staff to arrange a meeting with
all parties in his office to resolve this problem.
COLLECTIVE Moved by Smith, seconded by Murphy, to concur with
BARGAINING/ majority agreement in Executive Session that Staff be
MAP #240 authorized to proceed as directed regarding negotiations
UNION: with the MAP #240 Police Union. Motion declared carried.
Aldermen Beauvais and Moylan voted no.
ZONING CASE Moved by Murphy, seconded by Argus, to POSTPONE until
08 -45 -PUD April 20, 2009, the matter of Zoning Case 08 -45 -PUD,
2550 requesting approval of Preliminary PUD (Two -Phase) for
DEMPSTER: property located at 2550 Dempster Street and Ordinance
Z-14-09. Motion declared carried.
Ordinance
Z-14-09
CONSENT
AGENDA:
Moved by Higgason, seconded by Murphy, to establish a
Consent Agenda. Motion declared carried.
Alderman Brookman entered the meeting at 7:34 p.m.
Moved by Higgason, seconded by Beauvais, 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, and Staff recommendations and
requests were approved; Ordinances M-10-09, M-12-09 and
Z-5-09 were approved; Ordinances M-15-09, M-16-09 and M-
17-09 were placed on First Reading; and Resolutions R-
32-09, R-33-09 and R-34-09 were adopted.
MINUTES: Moved by Higgason, seconded by Beauvais, to approve
Consent minutes of the regular meeting of the City Council held
Agenda March 2, 2009, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Beauvais, to approve
minutes of the Executive Session of the regular meeting
of the City Council held March 2, 2009. Motion declared
carried as approved unanimously under Consent Agenda.
DEPUTY
EXECUTIVE
COORDINATOR/
EMA:
Consent
Agenda
Ordinance
M-15-09
SALE OF CITY
PROPERTY/
NWMC AUCTION:
Consent
Agenda
Ordinance
M-16-09
POLITICAL
ACTIVITIES AT
CITY HALL:
Consent
Agenda
Ordinance
M-17-09
VILLAGE OF
NILES BOND
ISSUE/SCHOOL
PROJECTS:
Consent
Agenda
Resolution
R-32-09
RTA TECH.
ASSISTANCE
AGREEMENT/
CUMBERLAND
TRAIN STA.:
Consent
Agenda
Resolution
R-33-09
3/16/09
PAGE THREE
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation to amend Title 2, Chapter 5 -
"Homeland Security and Emergency Management Agency" of
the City Code to amend Section 2-5-4 to delete the
position of EMA Coordinator and add the position of
Deputy Executive Coordinator/EMA; and further recommend
to place on First Reading Ordinance M-15-09, AN ORDINANCE
AMENDING TITLE 2, "BOARDS AND COMMISSIONS," CHAPTER 5,
"HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCY," OF
THE CITY OF DES PLAINES CITY CODE. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation to authorize to sell by auction at
the annual Northwest Municipal Conference Spring Vehicle
& Equipment Auction to be held Saturday, May 2, 2009,
10:00 a.m., Arlington Heights Public Works Facility, 222
N. Ridge Avenue, various Public Works Department vehicles
and equipment that is deemed no longer necessary or
useful to or for the best interest of the City; and
further recommend to place on First Reading Ordinance
M-16-09, AN ORDINANCE AUTHORIZING THE DISPOSITION OF
PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH THE DES
PLAINES CITY CODE SECTION 1-12-4. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation to amend Title 1, Chapter 9, Section
12 - "Political Activities" of the City Code to add new
Sections 1-9-12:A.3 and 1-9-12:A.4 to permit candidate
forums to be held at City Hall and permit a limited
distribution of campaign literature and materials at
these forums; and further recommend to place on First
Reading Ordinance M-17-09, AN ORDINANCE AMENDING TITLE
1, "ADMINISTRATIVE," CHAPTER 9, "CODE OF ETHICS," SECTION
12, "POLITICAL ACTIVITIES," OF THE DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation to support and approve the Village
of Niles issuing Revenue Bonds - Alliance for Character
in Education Project/Series 2009, in the amount of
$4,910,000, to finance two (2) school projects for The
Willows Academy, 1012 Thacker Street, Des Plaines and
Northridge Preparatory School, 8320 Ballard Road, Niles;
and further recommend to adopt Resolution R-32-09, A
RESOLUTION APPROVING THE ISSUANCE BY THE VILLAGE OF
NILES, COOK COUNTY, ILLINOIS OF NOT TO EXCEED $4,910,000
REVENUE BONDS (ALLIANCE FOR CHARACTER IN EDUCATION
PROJECT) SERIES 2009 FOR THE PURPOSE OF REFUNDING CERTAIN
OUTSTANDING BONDS ISSUED BY THE ILLINOIS FINANCE
AUTHORITY AND THEREBY REFINANCING ALL OR A PORTION OF THE
COSTS OF ACQUIRING, CONSTRUCTING, RENOVATING AND
EQUIPPING EDUCATIONAL FACILITIES FOR THE WILLOWS ACADEMY
IN DES PLAINES, ILLINOIS AND THE NORTHRIDGE PREPARATORY
SCHOOL IN NILES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation to authorize City to apply with the
Regional Transportation Authority for a Technical
Assistance Agreement for the Cumberland Transit Oriented
Development Plan to foster the development of sustainable
neighborhoods within walking distance of the Cumberland
Station; RTA to fund the project in an amount not -to -
exceed $125,000 (no cost to the City); and further
recommend to adopt Resolution R-33-09, A RESOLUTION
AUTHORIZING APPLICATIONS FOR AND EXECUTION OF A TECHNICAL
ASSISTANCE AGREEMENT UNDER THE REGIONAL TRANSPORTATION
AUTHORITY'S GENERAL AUTHORITY TO MAKE SUCH GRANTS FOR THE
CUMBERLAND TRANSIT ORIENTED DEVELOPMENT PLAN. Motion
declared carried as approved unanimously under Consent
Agenda.
REPAIR OF
PUB. WORKS
5 -TON DUMP
TRUCK:
Consent
Agenda
Resolution
R-34-09
ADVERTISING
FOR BIDS:
Consent
Agenda
REAPPOINT.:
Consent
Agenda
ORDINANCE
M-10-09
PROHIBIT
POTABLE
GROUNDWATER/
1602 RIVER:
Consent
Agenda
ORDINANCE
M-12-09
FEE INCREASE/
CITY PARKING
LOTS &
FACILITIES:
Consent
Agenda
ORDINANCE
Z-5-09
RESCIND ORD.
Z-27-08/
2675
MANNHEIM:
Consent
Agenda
ORDINANCE
M-17-09
POLITICAL
ACTIVITIES AT
CITY HALL:
3/16/09
PAGE FOUR
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation to authorize repair of Public Works
5 -Ton Dump Truck, #365, by Patten Industries, Inc., 635
W. Lake street, Elmhurst, IL 60126, in the amount of
$15,467.87/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-34-09. A
RESOLUTION AUTHORIZING PATTEN INDUSTRIES TO REPAIR A
PUBLIC WORKS 5 -TON DUMP TRUCK. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Disposal of Aggregate Materials,
returnable by 3:00 p.m., Wednesday, April 1, 2009.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Tents, Tables and Chairs for the
Taste of Des Plaines (June 5-7, 2009), returnable by 3:00
p.m., Wednesday, April 1, 2009. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2009 Concrete & Alley Improvements
- MFT 09 -00206 -00 -RP, returnable by 3:00 p.m., Thursday,
April 2, 2009. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Higgason, seconded by Beauvais, to approve
Mayoral reappointment to the ECONOMIC DEVELOPMENT
COMMISSION of Barry Collins, term to expire April 30,
2012. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Beauvais, to adopt
Ordinance M-10-09, AN ORDINANCE PROHIBITING THE USE OF
GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION
OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER
METHOD AT 1602 RIVER ROAD IN THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Beauvais, to adopt
Ordinance M-12-09, AN ORDINANCE AMENDING TITLE 7, "MOTOR
VEHICLES AND TRAFFIC," CHAPTER 7, "PARKING LOTS," SECTION
7, "CITY PARKING LOTS, PARKING FACILITIES AND TIME
LIMITS," OF THE CITY OF DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Higgason, seconded by Beauvais, to adopt
Ordinance Z-5-09, AN ORDINANCE RESCINDING ORDINANCE Z-27-
08, WHICH ALLOWED A CONDITIONAL USE PERMIT TO PERMIT A
CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 28 PERSONS
AT 2675 SOUTH MANNHEIM ROAD, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenga.
Moved by Murphy, seconded by Beauvais, to advance to
Second Reading Ordinance M-17-09, AN ORDINANCE AMENDING
TITLE 1, "ADMINISTRATIVE," CHAPTER 9, "CODE OF ETHICS,"
SECTION 12, "POLITICAL ACTIVITIES," OF THE DES PLAINES
CITY CODE. 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.
3/16/09
PAGE FIVE
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
WARRANT Moved by Brookman, seconded by Walsten, to recommend to
REGISTER: the City Council approval of the March 16, 2009 - Warrant
Register, in the total amount of $3,910,528.20, and
further recommend that Resolution R-36-09 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT - Alderman Murphy, Chair
ZONING CASE Director of Community & Economic Development Conlan
09 -5 -PUD -A reviewed his memo of Mach 4, 2009, regarding the request
MAP AMEND. & by HNI, LLC/Oxford Development Company, 4104 N. Harlem
PRELIM. PUD/ Avenue, Chicago, IL 60634, re Zoning Case 09 -5 -PUD -A, for
3003 approval of Map Amendment and Preliminary Planned Unit
MANNHEIM: Development (PUD) with Exceptions to permit construction
of a nine (9) -story hotel, two (2) freestanding
restaurants and a freestanding retail shopping building
on property located at 3003 Mannheim Road; the Des
Plaines Plan Commission and staff are recommending
approval.
Mr. Brian Duggan, Director of Development, Harlem Irving
Companies, made a PowerPoint presentation (in the City
Council file), introduced his team, reviewed the history
of this project, reviewed the requested variations and
parking needs, and answered questions from the aldermen.
Architect Wally Funk, Cubellia, 325 N. LaSalle Street,
Suite 700, Chicago, IL 60610, described the hotel and
the adjourning buildings and answered questions from the
aldermen.
Moved by Beauvais, seconded by Araus, to concur with
recommendation of Des Plaines Plan Commission and Staff
and recommend to the City Council, re Zoning Case 09 -05 -
PUD -A, to grant request for Map Amendment to rezone a
portion of property located at 3003 Mannheim Road from
C-2 Limited Office Commercial District to C-3 General
Commercial District; and to place on First Reading
Ordinance Z-12-09 at appropriate time this evening.
Alderman Argus made the following comments and requested
that City Clerk McAllister make them part of the record:
"The Harlem Irving development of the two hotels is
financed with union pensions. Also, in the redevelopment
contract, on page 4, it states that the work to be done
requirement will be with union labor, rather than
prevailing wage which is what our City code requires.
Alderman Moylan is a business agent for Electrical Union
134 this is his main concern union labor.
Alderman Moylan is running for Mayor. He has been
receiving thousands of dollars from all kinds of
unions unions from Chicago, Elmwood Park and suburbs
other than Des Plaines he has received thousands of
dollars from pipe fitters, sheetmetal workers, electrical
unions, heating and air conditioning, etc. unions. How
can he in good conscience vote for this contract? the
same unions who are giving him money will be working on
these hotels. Is this not a form of pay -to -play???? I
believe Alderman Moylan who has accepted all this money
has a conflict in voting for this contract. I think
unions and people who do not live in our city are trying
to determine who the mayor of Des Plaines will be and
this is wrong.
Madame City Clerk, I would like my statements put in the
minutes of tonite's meeting."
3/16/09
PAGE SIX
3003 MANNHEIM City Attorney Wiltse stated that since no union contracts
(Cont'd.) were being voted on this evening for this project, there
was no conflict of interest.
Alderman Walsten stated that 97% of projects in this City
are union; this is going to be a union job; he doesn't
see a conflict.
Motion declared carried on the motion to approve.
Moved by Higgason, seconded by Walsten, to concur with
recommendation of Des Plaines Plan Commission and Staff
and recommend to the City Council, re Zoning Case 09 -5 -
PUD -A, to approve Preliminary Planned Unit Development
(PUD) with Permitted Exceptions to permit construction
of a nine (9) -story hotel, two (2) free-standing
restaurants and free-standing retail shop(s) in C-3
General Commercial District on property located at 3003
Mannheim Road; and place on First Reading Ordinance Z-13-
09 at appropriate time this evening. Motion declared
carried.
PUBLIC SAFETY - Alderman Beauvais, Chair
RED LIGHT Police Chief Prandini reviewed his memo of March 4, 2009,
CAMERA regarding the additional information requested by the
ENFORCEMENT City Council on February 17, 2009 concerning the
PROGRAM Automated Red Light Camera Enforcement Program and the
AGREEMENT: awarding of the RFP; a matrix was presented comparing the
prices of the vendors that returned their RFP; the matrix
showed that RedSpeed Illinois provided the most monthly
net revenue.
Mr. Mike Liebert, Sales Representative, RedSpeed
Illinois, LLC, 400 Eisenhower Lane North, Lombard, IL
60148, addressed the Committee of the Whole and answered
questions from the aldermen.
Alderman Murphy stated that she has received several
calls from her residents who are opposed to the Red Light
Camera Enforcement Program.
Alderman Brookman stated that she is opposed to this
program; the vendor is getting rich on the backs of the
residents.
A gentleman from Buffalo Grove who drives through Des
Plaines on a daily basis addressed the Committee of the
Whole stating that he has not heard one word about
improving these intersections so they would be safer;
what did the City do to correct the fatal accident at
Touhy Avenue and Mt. Prospect Road last Sunday;? there
are studies that show accidents do go up with the Red
Light Program/cameras are a safety failure.
Moved by Beauvais, seconded by Higgason, to concur with
Staff recommendation and recommend to the City Council
that City Manager and City Clerk be authorized to execute
"Agreement" with RedSpeed Illinois, LLC, 400 Eisenhower
Lane North, Lombard, IL 60148, to provide an Automated
Red Light Camera Enforcement Program, at designated
locations, at a cost of $1,499 per camera for monthly
maintenance fees plus additional service fees to a
maximum of $35.94 per ticket; and Resolution R-25-09 be
adopted at appropriate time this evening. Motion
declared carried. Aldermen Moylan, Brookman and Smith
voted no.
RED LIGHT
CAMERA ENFOR.
PROGRAM/
INDEMNIFY
STATE RE IDOT
EQUIPMENT:
HOWARD AVE.
WATER TANK
PAINTING &
ASSET
MANAGEMENT:
MINER STREET
WATER TANK
PAINTING &
ASSET
MANAGEMENT:
LATE FEES/
BUSINESS
LICENSES:
3/16/09
PAGE SEVEN
Mr. Robert Liberman, Manager, RedSpeed Illinois, LLC,
addressed the Committee of the Whole explaining the
requirements of the IDOT permit process, and answered
questions from the aldermen.
Moved by Walsten, seconded by Murphy, to concur with
Staff recommendation and recommend to the City Council
that City agrees to indemnify and hold harmless the State
of Illinois for any claims that may be made against the
State of Illinois, its employees, agents and the Illinois
Department of Transportation (IDOT) as a result of
attachment and operation of photo enforcement equipment
to IDOT facilities; and Resolution R-27-09 be adopted at
appropriate time this evening. Motion declared carried.
Aldermen Moylan, Brookman and Smith voted no.
PUBLIC WORKS - Alderman Argus, Chair
Mr. Bill Murfree, Water Systems Consultant, Utility
Service Company, 286 Bent Grass Circle, DeKalb, IL 60115,
made a PowerPoint presentation (in City Council file)
describing his company; how they will be painting the
water tank; and answered questions from the aldermen.
Mrs. Kathy Krus, 888 Mason Lane, addressed the Committee
of the Whole asking how the painting of this water tank
will affect the neighborhood. Mr. Murfree said the tank
will be completely enclosed, keeping all the elements
inside; there will be no open air blasting.
Moved by Beauvais, seconded by Brookman, to concur with
Staff recommendation and recommend to the City Council
to authorize the City Manager and City Clerk to execute
ten (10) -year contract for "Water Tank Maintenance" with
Utility Service Company, Inc., P.O. Box 1350, 535
Courtney Hodges Boulevard, Perry, GA 31069, for the
Howard Avenue Water Tank (1402 Howard Avenue), in the
amount of $146,069 per year for years one (1) through
five (5); $40,594 per year for years six (6), seven (7)
and eight (8); annual fee for years nine (9) and ten (10)
shall not exceed $45,059 per year; plus one time payment
of $11,625 for a ten (10) -year performance bond; for a
total contract amount of $953,870/Budgeted Funds; and
Resolution R-37-09 be adopted at appropriate time this
evening. Motion declared carried.
Moved by Beauvais, seconded by Murphy, to concur with
Staff recommendation and recommend to the City Council
to authorize the City Manager and City Clerk to execute
ten (10) -year contract for "Water Tank Maintenance" with
Utility Service Company, Inc., P.O. Box 1350, 535
Courtney Hodges Boulevard, Perry, GA 31069, for the Miner
Street Water Tank (1850 Miner Street), in the amount of
$89,825 per year for years one (1) through five (5);
$27,545 per year for years six (6), seven (7) and eight
(8); annual fee for years nine (9) and ten (10) shall not
exceed $30,575; plus one time payment of $6,960 for a ten
(10) -year performance bond; for a total contract amount
of $599,870/Budgeted Funds; and Resolution R-38-09 be
adopted at appropriate time this evening. Motion
declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Mayor Arredia requested that the matter of imposition of
late fees on business licenses be placed on the agenda
for April 6, 2009, and no action be taken against firms
in violation until this matter is discussed at that
meeting.
3/16/09
PAGE EIGHT
LICENSES Moved by Brookman, seconded by Moylan, that Staff be
(Cont'd.) directed to delay any action against business owners in
violation of renewing their business license until this
matter is discussed on April 6, 2009. Motion declared
carried.
ORDINANCE Moved by Murphy, seconded by Higgason, to adopt Ordinance
Z-9-09 Z-9-09, AN ORDINANCE AUTHORIZING VARIATIONS TO SECTIONS
AS AMENDED 7.2-4D AND 8.1-3 OF THE CITY OF DES PLAINES ZONING
VARIATION/ ORDINANCE TO PERMIT THE CONSTRUCTION OF AN ABOVE GROUND
1738 CORA: SWIMMING POOL IN THE FRONT YARD WITH A FRONT YARD SET
BACK OF 24.5 FEET AND TO ALLOW TWO ACCESSORY STRUCTURES
AT 1738 CORA STREET, DES PLAINES, ILLINOIS (Case 08-18-
V). Upon roll call, the vote was:
AYES: 6 -Beauvais, Moylan, Murphy,
Higgason, Brookman, Walsten,
NAYS: 2 -Smith, Argus
ABSENT: 0 -None
Motion declared carried.
ORDINANCE Moved by Brookman, seconded by Higgason, to adopt
Z-10-09 Ordinance Z-10-09, AN ORDINANCE AUTHORIZING A VARIATION
VARIATION/ TO SECTION 8.1-3 OF THE CITY OF DES PLAINES ZONING
1440 WICKE: ORDINANCE TO PERMIT THE CONSTRUCTION OF AN ABOVE GROUND
SWIMMING POOL IN THE FRONT YARD AT 1440 WICKE AVENUE, DES
PLAINES, ILLINOIS (Case 08-20-V). Upon roll call, the
vote was:
AYES: 7 -Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith
NAYS: 1 -Argus
ABSENT: 0 -None
Motion declared carried.
WARRANT Moved by Smith, seconded by Brookman, to concur with
REGISTER: recommendation of Committee of the Whole to adopt
Resolution R-36-09, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R-36-09 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$3,910,528.20. 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.
ZONING CASE Moved by Murphy, seconded by Beauvais, to concur with
09 -5 -PUD -A recommendation of Committee of the Whole, re Zoning Case
MAP AMEND./ 09 -5 -PUD -A, to grant request for Map Amendment to rezone
3003 a portion of property located at 3003 Mannheim Road from
MANNHEIM: C-2 Limited Office Commercial District to C-3 General
Commercial District; and further recommend to place on
Ordinance First Reading Ordinance Z-12-09. Motion declared
Z-12-09 carried.
ZONING CASE Moved by Murphy, seconded by Higgason, to concur with
09 -5 -PUD -A recommendation of Committee of the Whole, re Zoning Case
PRELIM. PUD/ 09 -5 -PUD -A, to approve Preliminary Planned Unit
3003 Development (PUD) with Permitted Exceptions, to permit
MANNHEIM: construction of a nine (9) -story hotel, two (2) free-
standing restaurants and free-standing retail shop(s) in
Ordinance C-3 General Commercial District on property located at
Z-13-09 3003 Mannheim Road; and further recommend to place on
First Reading Ordinance Z-13-09. Motion declared
carried.
RED LIGHT Moved by Beauvais, seconded by Argus, to concur with
CAMERA recommendation of Committee of the Whole that City
ENFORCEMENT Manager and City Clerk be authorized to execute
PROGRAM "Agreement" with RedSpeed Illinois, LLC, 400 Eisenhower
AGREEMENT: Lane North, Lombard, IL 60148, to provide an Automated
Red Light Camera Enforcement Program, at designated
Resolution locations, at a cost of $1,499 per camera for monthly
R-25-09 maintenance fees plus additional service fees to a
maximum of $35.94 per ticket; and further recommend to
adopt Resolution R-25-09, A RESOLUTION AUTHORIZING THE
RED LIGHT
(Cont'd.)
RED LIGHT
CAMERA ENFOR.
PROGRAM/
INDEMNIFY
STATE RE IDOT
EQUIPMENT:
Resolution
R-27-09
HOWARD AVE.
WATER TANK
PAINTING &
ASSET
MANAGEMENT:
Resolution
R-37-09
MINER STREET
WATER TANK
PAINTING &
ASSET
MANAGEMENT:
Resolution
R-38-09
3/16/09
PAGE NINE
CITY TO ACCEPT A PROPOSAL FROM REDSPEED ILLINOIS, LLC FOR
AN AUTOMATED RED LIGHT CAMERA ENFORCEMENT PROGRAM IN DES
PLAINES. Upon roll call, the vote was:
AYES: 5 -Beauvais, Murphy, Higgason,
Walsten, Argus
NAYS: 3 -Moylan, Brookman, Smith
ABSENT: 0 -None
Motion declared carried.
Moved by Beauvais, seconded by Murphy, to concur with
recommendation of Committee of the Whole that City agrees
to indemnify and hold harmless the State of Illinois for
any claims that may be made against the State of
Illinois, its employees, agents and the Illinois
Department of Transportation (IDOT) as a result of
attachment and operation of photo enforcement equipment
to IDOT facilities; and further recommend to adopt
Resolution R-27-09, A RESOLUTION AGREEING TO INDEMNIFY
THE STATE OF ILLINOIS FOR PHOTO ENFORCEMENT EQUIPMENT
ATTACHED TO IDOT FACILITIES. Upon roll call, the vote
was:
AYES:
5 -Beauvais, Murphy, Higgason,
Walsten, Argus
NAYS: 3 -Moylan, Brookman, Smith
ABSENT: 0 -None
Motion declared carried.
Moved by Argus, seconded by Murphy, to concur with
recommendation of Committee of the. Whole to authorize
City Manager and City Clerk to execute ten (10) -year
contract for "Water Tank Maintenance" with Utility
Service Company, Inc., P.O. Box 1350, 535 Courtney Hodges
Boulevard, Perry, PA 31069, for the Howard Avenue Water
Tank (1402 Howard Avenue), in the amount of $146,069 per
year for years one (1) through five (5) ; $40,594 per year
for years six (6) , seven (7) and eight (8) ; annual fee
for years nine (9) and ten (10) shall not exceed $45,059
per year; plus one time payment of $11,625 for a ten
(10) -year performance bond; for a total contract amount
.of $953,870/Budgeted Funds; and further recommend to
adopt Resolution R-37-09, A RESOLUTION AUTHORIZING THE
EXECUTION OF A CONTRACT WITH UTILITY SERVICE COMPANY FOR
PAINTING AND MAINTENANCE SERVICES FOR THE HOWARD AVENUE
WATER TANK. Upon roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy, Higgason,
Brookman, Smith, Argus
NAYS: 1-Walsten
ABSENT: 0 -None
Motion declared carried.
Moved by Argus, seconded by Murphy, to concur with
recommendation of Committee of the Whole to authorize
City Manager and City Clerk to execute ten (10) -year
contract for "Water Tank Maintenance" with Utility
Service Company, Inc., P.O. Box 1350, 535 Courtney Hodges
Boulevard, Perry, GA 31069, for the Miner Street Water
Tank (1850 Miner Street), in the amount of $89,825 per
year for years one (1) through five (5); $27,545 per year
for years six (6) , seven (7) and eight (8) ; annual fee
for years nine (9) and ten (10) shall not exceed $30,575;
plus one time payment of $6,960 for a ten (10) -year
performance bond; for a total contract amount of
$599,870/Budgeted Funds; and further recommend to adopt
Resolution R-38-09, A RESOLUTION AUTHORIZING THE
EXECUTION OF A CONTRACT WITH UTILITY SERVICE COMPANY FOR
PAINTING AND MAINTENANCE SERVICES FOR THE MINER STREET
WATER TANK. Upon roll call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy, Higgason,
Brookman, Smith, Argus
NAYS: 1-Walsten
ABSENT: 0 -None
Motion declared carried.
3/16/09
PAGE TEN
ORDINANCE Moved by Murphy, seconded by Moylan, to advance to Second
Z-12-09 Reading and adopt Ordinance Z-12-09, AN ORDINANCE
MAP AMEND./ GRANTING A MAP AMENDMENT FROM C-2 LIMITED OFFICE
3003 COMMERCIAL TO C-3 GENERAL COMMERCIAL DISTRICT FOR A
MANNHEIM: PORTION OF THE PROPERTY LOCATED AT 3003 SOUTH MANNHEIM
ROAD, DES PLAINES, ILLINOIS (Case 09 -5 -PUD -A). 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.
ORDINANCE Moved by Murphy, seconded by Moylan, to advance to Second
Z-13-09 Reading Ordinance Z-13-09, AN ORDINANCE TO ALLOW A
PRELIM. PUD CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT
3003 DEVELOPMENT (PUD) WITH PERMITTED PLANNED UNIT DEVELOPMENT
MANNHEIM: BULK EXCEPTIONS FOR 3003 MANNHEIM ROAD, DES PLAINES,
ILLINOIS (Case 09 -5 -PUD -A). 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.
ADJOURNMENT: Moved by Walsten, seconded by Murphy, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:50 p.m.
1
APPROVED BY ME THIS
DAY OF (•
1
Arredia, MAYOR
, 2009
Donna McAllister, MMC. - CITY CLERK