04/20/2009MINUTES 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, APRIL 20, 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, April 20, 2009.
ROLL CALL: Roll call indicated the following aldermen present:
Moylan, Murphy, Higgason, Walsten, Smith and Argus.
Aldermen Beauvais, and Brookman were absent. Alderman
Brookman arrived in Executive Session at 6:05 p.m.
Alderman Beauvais arrived in Executive Session at 7:05
p.m.
Also present were: City Manager Bajor, Assistant City Manager Slowinski,
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 Moved by Moylan, seconded by Walsten, to go into
SESSION: Executive Session to discuss collective bargaining,
probable -imminent litigation and acquisition of real
property. Upon roll call, the vote was:
AYES: 6 -Moylan, Murpy, 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 7:11 p.m.
Roll call indicated the following aldermen present:
Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten,
Smith, Argus.
The opening prayer was given by Father John Clemons, Our
Lady of Hope Catholic Church, followed by the Pledge of
Allegiance to the Flag.
PROCLAMATION: Mayor Arredia read a proclamation declaring May 15, 2009
as Operation Prom Night, which is scheduled to be held
at Maine West High School on Friday, May 15, 2009, and
will involve presentations about the dangers and
consequences of driving while impaired or distracted;
Mayor Arredia urged everyone to attend this very
important program about the dangers of drunk driving.
PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE
HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES
AMENDMENT PLAINES CIVIC CENTER, MONDAY, APRIL 20, 2009
CDBG ACTION
PLAN:
CALL TO
ORDER:
Mayor Arredia called the Public Hearing to order at 7:18
p.m. The Public Hearing was being held pursuant to legal
notice to give citizens the opportunity to comment on the
2008 Community Development Block Grant (CDBG) Annual
Action Plan to re -program funds in the amount of $200,000
for eligible physical improvement infrastructure.
4/20/09
PAGE TWO
PUB. HEARING Director of Community & Economic Development Conlan gave
(Cont'd.) a brief overview of this matter. Further action on this
matter under Consent Agenda, Items 7 and 7a.
Mayor Arredia asked for comments from the aldermen and
the public. There were none.
The Public Hearing adjourned at 7:20 p.m.
The City Council reconvened at 7:21 p.m.
CITIZEN Mr. Nick Mitchell, owner of Grazie's Restorante, 1050 E.
PARTICIPA.: Oakton Street, addressed the City Council regarding the
late fee notice he received for his business license; he
never received a renewal notification; he has had his
business in Des Plaines for 27 years; he has served this
community in many ways; he is being assessed a 100%
penalty; this procedure needs to be reviewed.
Alderman Beauvais asked Staff how this could be resolved.
City Manager Bajor that an ordinance was just passed
lengthening the notice time but that won't take effect
until next year.
Moved by Murphy, seconded by Brookman, that the process
of assessing late fees for non-payment of business
licenses be placed on the agenda for May 4, 2009 for
further review. Motion declared carried. Alderman Smith
voted no.
Mrs. Sandra Norlin, Administrator, Des Plaines Public
Library and John Hecker, Executive Director, Des Plaines
Park District and a member of the Des Plaines Rotary
Foundation, addressed the City Council regarding the
annual "Do the Dewey" to be held at the Library on
Saturday, April 25, 2009, 7:00 to 10:00 p.m.; everyone
is urged to attend this gala event.
Mr. Nick Mitchell again addressed the City Council
regarding the late fee notice he received for non-payment
of his business license; would his late fee be waived?
Moved by Beauvais, seconded by Higgason, that the matter
of the business license late fee payment for Grazie's
Restorante, 1050 E. Oakton Street, be placed on the
agenda for May 4, 2009 for discussion.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council asking if all past due business licenses will be
discussed at this meeting. Alderman Beauvais said yes.
Motion declared carried. Alderman Smith voted no.
Moved by Beauvais, seconded by Murphy, to rescind the
previous motion because this matter will be heard by the
Administrative Hearing Officer. Motion declared carried.
COLLECTIVE Moved by Smith, seconded by Moylan, to concur with
BARGAINING/ majority agreement in Executive Session to ratify the
MAP 282, collective bargaining agreement with MAP 282, Dispatch
DISPATCH Union, 9-1-1, for a period of four (4) years beginning
UNION, January 1, 2008 through December 31, 2011; Mayor and City
9-1-1: Clerk be authorized to execute same; and further
recommend to adopt Resolution R-53-09, A RESOLUTION
Resolution RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
R-53-09 EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE
METROPOLITAN ALLIANCE OF POLICE, DES PLAINES CIVILIAN
Ordinance CHAPTER #282. Upon roll call, the vote was:
M-25-09 AYES: 5 -Beauvais, Moylan, Higgason, Walsten, Smith
NAYS: 3 -Murphy, Brookman, Argus
ABSENT: 0 -None
Motion declared carried.
MAP 282
(Cont'd.)
COLLECTIVE
BARGAINING/
MAP LOCAL
#240 POLICE
UNION AND
MECCA UNION -
PUB. WORKS:
PROBABLE -
IMMINENT
LITIGATION/
REIMBURSE.
WILLE ROAD
TIF #3:
PROBABLE -
IMMINENT
LITIGATION/
FENCE - 1277
SECOND AVE.:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
RESCINDING
ORD. M-33-06/
2515 SCOTT:
Consent
Agenda
Ordinance
M-22-09
4/20/09
PAGE THREE
Moved by Smith, seconded by Beauvais, to placed on First
Reading Ordinance M-25-09, AN ORDINANCE AMENDING TITLE
I, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION
AND COMPENSATION PLAN," SECTION 4, "COMPENSATION PLAN,"
SCHEDULE III "PUBLIC -SAFETY PERSONNEL - EMERGENCY
COMMUNICATIONS -UNION" OF THE CITY CODE. Motion declared
carried. Aldermen Murphy, Brookman and Argus voted no.
Moved by Smith, seconded by Beauvias, to concur with
majority agreement in Executive Session that Staff be
authorized to proceed as directed regarding negotiations
with MAP Local #240 Police Union and MECCA Union -Public
Works. Motion declared carried. Aldermen Brookman and
Argus voted no.
Moved by Smith, seconded by Beauvais, to concur with
majority agreement in Executive Session to approve
payment to Wille Road, LLC, a/k/a Colliers, Bennett &
Kahnweiler, 6250 N. River Road, Suite 11-100, Rosemont,
IL 60018, in the amount of $240,000 for the acquisition
and dedication of Wille Road right-of-way pursuant to
Section 3.12 of the Redevelopment Agreement. Upon roll
call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith
NAYS: 1 -Argus
ABSENT: 0 -None
Motion declared carried.
Moved by Smith, seconded by Murphy, to concur with
consensus in Executive Session that Staff be authorized
to negotiate a settlement regarding the illegal
construction of a fence on property located at 1277 S.
Second Avenue. Motion declared carried. Alderman
Brookman voted no.
City Clerk McAllister requested that Items 5 and 5a be
removed from the Consent Agenda.
Moved by Murphy, seconded by Higgason, to establish a
Consent Agenda except for Items 5 and 5a. Motion
declared carried.
Moved by Murphy, seconded by Brookman, 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-19-09 and Z-15-09
were approved; Ordinances M-22-09 and M-23-09 were placed
on First Reading; and Resolutions R-55-09, R-56-09, R-57-
09, R-58-09, R-59-09, R-60-09, R-61-09, R-62-09, R-63-09
and R-64-09 were adopted.
Moved by Murphy, seconded by Brookman, to approve minutes
of the regular meeting of the City Council held April 6,
2009, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to approve minutes
of the Executive Session of the regular meeting of the
City Council held April 6, 2009. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to rescind Ordinance M-33-06, AN
ORDINANCE REGARDING THE CONSTRUCTION OF A MUNICIPAL STORM
WATER SEWER ALONG SCOTT STREET IN DES PLAINES, ILLINOIS,
approved by the City Council on August 21, 2006, because
petitioners have changed their minds and do not wish to
execute the Recapture Agreement; and further recommend
to place on First Reading Ordinance M-22-09, AN
M-22-09
(Cont'd.)
RESCINDING
ORD. M-36-06/
513 ROSE:
Consent
Agenda
Ordinance
M-23-09
INTERGOVERN.
AGREEMENT/
EXTENSION OF
TIF DISTRICT
#3:
Resolution
R-54-09
2009 PRIVATE
ACTIVITY
VOLUME BOND
CAP:
Consent
Agenda
Resolution
R-55-09
2008 CDBG
ACTION PLAN
AMENDMENT/
INFRASTRUCT.
IMPROVEMENTS:
Consent
Agenda
Resolution
R-56-09
4/20/09
PAGE FOUR
ORDINANCE RESCINDING ORDINANCE M-33-06, WHICH AUTHORIZED
A RECAPTURE AGREEMENT WITH MIKE AND VICKIE PASCHEN FOR
THEIR INSTALLATION OF A STORM WATER SEWER SYSTEM AT 2515
SCOTT STREET, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to rescind Ordinance M-36-06, AN
ORDINANCE REGARDING THE CONSTRUCTION OF A MUNICIPAL STORM
WATER SEWER ALONG ROSE AVENUE IN DES PLAINES, ILLINOIS,
approved by the City Council on September 18, 2006,
because petitioner has changed his mind and does not wish
to execute the Recapture Agreement; and further recommend
to place on First Reading Ordinance M-23-09, AN ORDINANCE
RESCINDING ORDINANCE M-36-06, WHICH AUTHORIZED A
RECAPTURE AGREEMENT WITH BRIAN KRAUSE FOR HIS
INSTALLATION OF A STORM WATER SEWER SYSTEM AT 513 ROSE
AVENUE, DES PLAINES, ILLINOIS. Motion declared carried
as approved unanimously under Consent Agenda.
Mr. Dion Kendrick, 943 Webster Lane, addressed the City
Council asking why this TIF is being extended. City
Manager Bajor said so that the City can refinance the
bonds so that the funds can be used to refund the bonds.
Moved by Murphy, seconded by Beauvais, to concur with
Staff recommendation that City Manager and City Clerk be
authorized to execute "Intergovernmental Agreement for
the City of Des Plaines Wille Road Tax Increment
Financing District (TIF 3)" with the Board of Education,
Township High School District #214 and Board of
Education, Elk Grove Community Consolidated School
District #59, to approve an additional twelve (12) years
to the term of TIF District #3, such extension will
terminate TIF District #3 no -later -than December 31, 2035
(TIF District #3 was approved by the City Council on
August 7, 2000 - Ordinance M-40-00); and further
recommend to adopt Resolution R-54-09, A RESOLUTION
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF DES PLAINES, THE BOARD OF
EDUCATION OF TOWNSHIP HIGH SCHOOL DISTRICT 214 AND THE
BOARD OF EDUCATION OF ELK GROVE COMMUNITY CONSOLIDATED
SCHOOL DISTRICT 59 REGARDING WILLE ROAD TAX INCREMENT
FINANCING DISTRICT #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 Murphy, seconded by Brookman, to concur with
Staff recommendation to authorize City to reserve its
entire 2009 Private Activity Volume Bond Cap of
$5,130,720, for future industrial and/or mortgage revenue
bond purposes that have not yet, been determined; and
further recommend to adopt Resolution R-55-09, A
RESOLUTION RESERVING VOLUME CAP IN CONNECTION WITH
PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to approve amendment to the 2008
Community Development Block Grant (CDBG) Annual Action
Plan to re -program funds in the amount of $200,000 for
eligible physical improvement infrastructure to be
approved by the City Council; and further recommend to
adopt Resolution R-56-09, A RESOLUTION APPROVING
AMENDMENTS TO THE CITY OF DES PLAINES ANNUAL ACTION PLAN
PROJECT YEAR 2008. Motion declared carried as approved
unanimously under Consent Agenda.
SOCIAL SVS.
AGENCIES -
ORGANIZATIONS
FUNDING:
Consent
Agenda
Resolution
R-57-09
LAND LEASE
AGREEMENT
RENEWAL/
520 RIVER
ELKS LODGE:
Consent
Agenda
Resolution
R-58-09
LAND LEASE
AGREEMENT
RENEWAL/
520 RIVER RD.
SALES
TRAILER:
Consent
Agenda
Resolution
R-59-09
MEMBERSHIP/
WEST CENTRAL
MUN. CONFER
TREE CONSOR.:
Consent
Agenda
Resolution
R-60-09
4/20/09
PAGE FIVE
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to approve funding for Social
Service Agencies/Organizations as follows:
Avenues to Independence
Bessie's Table
Children's Advocacy Center/NWCC
Des Plaines Senior Ctr. Meal Program
Journey from P.A.D.S. to HOPE
Kenneth Young Center
Maine Center, Inc.
Maine Niles Assoc. Of Spec. Recrea.
North Shore Senior Center
Northwest Center Against Sexual Assault
Northwest Suburban Day Care Center
Rainbow Hospice and Palliative Care
Self -Help Food Closet & Pantry of D.P.
Shelter, Inc.
Suburban Primary Health Care Council
The Center of Concern
The Harbour, Inc.
The Salvation Army -Comm. Counsel. Ctr.
The Volunteer Center
$ 1,000
2,750
2,000
3, 750
4,750
2,100
5,000
1,000
7,750
2,750
9,500
2,700
10,250
2,250
2,000
7,700
4,000
3,000
750
$75,000
Budgeted Funds; and further recommend to adopt Resolution
R-57-09, A RESOLUTION AUTHORIZING THE DISBURSEMENT OF
$75,000 IN BUDGETED FUNDS TO NINETEEN SOCIAL SERVICE
AGENCIES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Manager and City Clerk be
authorized to execute fifth renewal of "Land Lease for
520 D.P. River Road" with Des Plaines Elks Lodge #1526,
495 Lee Street, Des Plaines, (lease approved by the City
Council on February 5, 2007 - Resolution R-25-07; first
renewal on May 7, 2007 - Resolution R-77-07, second
renewal on December 17, 2007 - Resolution R-162-07, third
renewal on May 19, 2008 - Resolution R-72-08 and fourth
renewal on November 3, 2008 - Resolution R-139-08) to
permit temporary parking on property located at 520 S.
Des Plaines River Road until November 1, 2009; and
further recommend to adopt Resolution R-58-09, A
RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY LAND
LEASE BETWEEN THE CITY OF DES PLAINES AND DES PLAINES
ELKS LODGE #1526 FOR PROPERTY LOCATED AT 520 D.P. RIVER
ROAD. Motion declared carried as approve unanimously
under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Manager and City Clerk be
authorized to execute second renewal of "Land Lease for
520 D.P. River Road" with River Plaines Associates, LLC,
Sertus Capital Partners, LLC, 225 W. Hubbard Street,
Suite 600, Chicago, IL 60610, (lease was approved by the
City Council on May 5, 2008 - Resolution R-69-08, first
renewal on November 3, 2008 - Resolution R-138-08) to
permit parking of their sales trailer (Everleigh
Condominiums) on the easternmost portion of property
located at 520 S. Des Plaines River Road until November
1, 2009; and further recommend to adopt Resolution R-59-
09, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO
ENTER INTO A TEMPORARY SHORT TERM LAND LEASE BETWEEN THE
CITY OF DES PLAINES AND RIVER PLAINES ASSOCIATES, LLC FOR
THE EASTERNMOST PORTION OF 520 D.P. RIVER ROAD. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to authorize City to continue
participation in the West Central Municipal Conference -
Suburban Tree Consortium for the next five (5) years
until 2013; and further recommend to adopt Resolution R-
60-09, A RESOLUTION EXPRESSING CONTINUED PARTICIPATION
IN THE SUBURBAN TREE CONSORTIUM FIVE YEAR CONTRACTUAL BID
PROGRAM. Motion declared carried as approved unanimously
under Consent Agenda.
INTERGOVERN.
AGREEMENT/
D.P. PARK
DISTRICT FOR
SECURITY
SERVICES:
Consent
Agenda
Resolution
R-61-09
WAIVE RIGHT
OF PURCHASE/
LIBRARY
PROPERTY:
Consent
Agenda
Resolution
R-62-09
O'HARE LAKES
PUMPING
STATION
REPAIRS/
2350 DEVON:
Consent
Agenda
Resolution
R-63-09
ENTERTAINMENT
CONTRACT/
TASTE OF
DES PLAINES:
Consent
Agenda
Resolution
R-64-09
4/20/09
PAGE SIX
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Manager and City Clerk be
authorized to execute two (2) -year "Intergovernmental
Agreement" with the Des Plaines Park District, 2222 Birch
Street, to provide security services by trained
reserve/auxiliary police officers at various Des Plaines
Park District facilities during summertime hours from May
25 through September 7, 2009 and from May 31 through
September 6, 2010, at a cost of $29 per hour for each
police officer (the officer will receive $25 per hour
with the difference covering administrative costs); and
further recommend to adopt Resolution R-61-09, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF SECURITY
SERVICES AT ALL PARK DISTRICT FACILITIES BETWEEN THE CITY
OF DES PLAINES AND THE DES PLAINES PARK DISTRICT. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to authorize City to waive right -of -
first -refusal to purchase from the Des Plaines Library
surplus computer printers and various other computer
components which the Library Board has deemed to be no
longer necessary or useful; and further recommend to
adopt Resolution R-62-09, A RESOLUTION AUTHORIZING THE
WAIVER OF THE CITY'S FIRST RIGHT TO PURCHASE PUBLIC
PERSONAL PROPERTY THAT WAS DEEMED NO LONGER NECESSARY BY
THE DES PLAINES PUBLIC LIBRARY BOARD OF TRUSTEES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to accept proposal from Gasvoda &
Associates, Inc., 1530 Huntington Drive, Calumet City,
IL 60409, to repair and reinstall one of the KSB storm
water pumps at O'Hare Lakes Pumping Station, 2350 Devon
Avenue, in the amount of $34,117/Water-Sewer Fund; and
it would be in the best interest of the City that usual
bid procedures be waived; and further recommend to adopt
Resolution R-63-09, A RESOLUTION AUTHORIZING GASVODA &
ASSOCIATES, INC. TO REPAIR ONE KSB STORM WATER PUMP AT
O'HARE LAKES PUMPING STATION. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Manager be authorized to
execute contracts for the 2009 Taste of Des Plaines (June
5-7, 2009) as follows:
- -Hi Fi Events, Inc., 625 Woodwind Drive, Plano, IL
60545, for sound and lighting - $3,500;
- -The Safes, % Patrick O'Malley, 417 N. Western, Park
Ridge, IL 60068, band performance - $700;
- -IMAJE, Inc., 6309 Maple Drive, Indianapolis, IN 46220,
band performance - $4,000;
--The Barefoot Hawaiian, Inc., 1401 Oakton Street, Des
Plaines, performance - $550;
- -Tom Carey Music, Inc., 133 S. Mitchell Avenue,
Arlington Heights, IL 60005, performance - $1,000;
- -Hi Fi Events, Inc., 625 Woodwind Drive, Plano, IL
60545, performance - $4,000;
- -Edge Entertainment Limited, 3006 N. Laramie Avenue,
Chicago, IL 60641, performance - $2,250;
all from budgeted funds; and further recommend to adopt
Resolution R-64-09, A RESOLUTION APPROVING CONTRACTS FROM
VARIOUS PERFORMERS AND VENDORS FOR THE 2009 TASTE OF DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-19-09
AMENDMENT/
ELECTRONIC
GAMES &
AMUSEMENT
DEVICES:
Consent
Agenda
ORDINANCE
Z-15-09
CONDIT. USE/
110 S. RIVER:
Consent
Agenda
WARRANT
REGISTER:
ZONING CASE
08 -45 -PUD
PRELIM. PUD/
2550
DEMPSTER:
4/20/09
PAGE SEVEN
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2009 C.I.P. Street and Utility
Improvements - Contract A, returnable by 3:00 p.m.,
Thursday, May 7, 2009. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2009 C.I.P. Storm Water Master
Plan Area #3 - Contract C, returnable by 3:00 p.m.,
Thursday, May 7, 2009. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2009 C.I.P. Street Improvements,
MFT 09 -00207 -00 -RS, returnable by 3:00 p.m., Thursday,
May 7, 2009. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Holiday Lighting and Decorations,
returnable by 3:00 p.m., Thursday, May 7, 2009. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to adopt Ordinance
M-19-09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS," CHAPTER 5, "AMUSEMENTS," SECTION 2,
"SUPPLIER LICENSE FOR ELECTRONIC GAMES/AMUSEMENT
DEVICES," OF THE CITY OF DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Brookman, to adopt Ordinance
Z-15-09, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE
PERMIT TO PERMIT A DOG TRAINING FACILITY (DOMESTIC PET
SERVICE) AT 110 SOUTH DES PLAINES RIVER ROAD, DES
PLAINES, ILLINOIS (Case 09 -7 -CU). Motion declared
carried as approved unanimously under Consent Agenda.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
Mrs. Johanna Friend, 740 E. Golf Road, addressed the
Committee of the Whole stating that she has been trying
to get the street fixed near her house; there is a big
hole by the sewer. Mayor Arredia asked Director of
Engineering Oakley to resolve this matter.
Moved by Brookman, seconded by Beauvais, to recommend to
the City Council approval of the April 20, 2009 - Warrant
Register, in the total amount of $4,467,558.73, and
further recommend that Resolution R-65-09 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT - Alderman Murphy, Chair
Director of Community & Economic Development Conlan
reviewed this request for a Preliminary PUD (postponed
from March 16, 2009) to permit the construction of a
landscape sales/warehouse building over the location of
an existing building and an eventual "shade building" and
expansion of the retail garden center along Dempster
Street.
4/20/09
PAGE EIGHT
08 -45 -PUD Petitioner Mark Lurvey addressed the Committee of the
(Cont'd.) Whole describing the site, current and proposed, and
displayed design boards.
Mrs. Sherrill Robertson, 9386 Landings Lane, addressed
the Committee of the Whole stating that she lives across
the street from this site; because of the noise and dirt,
she cannot even open her windows and she lives on the 5th
floor; the trucks are there at 2:00 a.m. and 3:00 a.m.;
it is very difficult to live this way.
Maine Township Highway Commissioner Bob Provenzano
addressed the Committee of the Whole stating that he is
here on behalf of the residents; the main problem is the
heavy amount of trucks in the early a.m.; their concerns
have not be addressed; all parties should meet to try to
resolve this problem.
Mrs. Bellini, 2495 Seminary Avenue, addressed the
Committee of the Whole stating that she has been
overwhelmed by the expansion of Lurvey's; day and night
there is dust, dirt and noise which prevents the
residents from opening their windows; we have complained
many times to no avail; please deny this request; they
should relocate to another area in Des Plaines.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that an asphalt plant
tried to come into Des Plaines years ago with fumes,
noise, a 24-hour operation; this matter should be
deferred until the new City Council can consider this
matter.
Mr. Joe Bellini, 2495 Seminary Avenue, addressed the
Committee of the Whole stating that Lurvey's is not a
good neighbor; they do not do what they promised; in 2003
they said they would control the dirt, noise and parking;
it used to be nice here but now he feels like he is in
a construction zone.
A resident at 2521 Seminary Avenue addressed the
Committee of the Whole stating that we set up a City
government to protect the residents; Staff should be
responding to the residents as well as businesses; the
Staff seems to be stretching laws that are accommodating
Lurvey's.
Mr. Tom Winiecki, 2421 Seminary Avenue, addressed the
Committee of the Whole stating that he moved here in
1971; our complaints fall on deaf ears; he feels like he
is not part of Des Plaines.
Ms. Greta Ranum, 2404 Seminary Avenue, addressed the
Committee of the Whole stating that she wakes up all
night long with the noise from Lurvey's; we were there
first; then it was a very quiet neighborhood; please help
us get our lives back.
Mr. Mark Lurvey addressed the Committee of the Whole
stating that the City should put a decibel meter out
there; he doesn't think there is as much noise as people
are saying.
Alderman Murphy stated that the issue is whether Lurvey's
should expand their business; this matter should be
referred back to committee and Staff for further review.
Moved by Murphy, seconded by Smith, to recommend to the
City Council that Zoning Case 08 -45 -PUD, 2550 E. Dempster
Street, and Ordinance Z-14-09, be referred back to
committee for further review and report.
Moved by Beauvais, seconded by Moylan, to adopt a
substitute motion and recommend to the City Council to
DENY request, re Zoning Case 08 -45 -PUD, for Preliminary
Planned Unit Development (PUD), 2550 E. Dempster Street;
08 -45 -PUD
(Cont'd.)
MEMORANDUM OF
UNDERSTANDING
FOREST CITY/
TIF #4:
GRANT
APPLICATION/
NEIGHBORHOOD
STABILIZATION
PROGRAM:
CASINO NON-
INTERFERENCE
WITH HIRING/
CONTRACTORS:
4/20/09
PAGE NINE
and petitioner be held to the zoning criteria for this
property. MOTION DECLARED FAILED (Aldermen Beauvais and
Moylan voted yes).
Motion declared carried on the original motion. Alderman
Beauvais voted no.
Director of Community & Economic Development Conlan
reviewed this matter of the City approving a Memorandum
of Understanding with Forest City Enterprises, Inc.,
setting out the expectations of each party for the
redevelopment of the Five Corners Redevelopment Area Plan
in TIF District #4 (Golf Road -Rand Road -River Road); a
redevelopment agreement will follow in a year of so.
Mr. John Milstead, 2515 Church Street, addressed the
Committee of the Whole stating that there was suppose to
be more meetings with S. B. Friedman & Company. Director
Conlan said that a meeting will be held within the next
30 to 40 days; there are going to be additional meetings.
Mr. Scott Olson, 285 Harding Avenue, addressed the
Committee of the Whole asking if properties within the
district have been identified as contaminated. Director
Conlan said the City knows that there are at least four
(4) properties; the City can assist with the removal of
the contaminates through grant funding.
Moved by Beauvais, seconded by Argus, to concur with
Staff recommendation and recommend to the City Council
that City Manager and City Clerk be authorized to execute
"Memorandum of Understanding" with Forest City
Enterprises, Inc., 50 Public Square, Suite 1000-B,
Cleveland, OH 44113, to set out the expectations of each
party as a preliminary statement of interest for the
redevelopment of the Five Corners Redevelopment Area Plan
in TIF District #4 (Golf Road -Rand Road -River Road) until
a formal Redevelopment Agreement is prepared for
consideration; and Resolution R-66-09 be adopted at
appropriate time this evening. Motion declared carried.
Alderman Murphy reviewed this matter of applying for
funding under the Neighborhood Stabilization Program to
address the home foreclosure crisis in Des Plaines.
Moved by Higgason, seconded by Brookman, to concur with
Staff recommendation and recommend to the City Council
that the City be authorized to support the application
for funds through the State of Illinois under the
Neighborhood Stabilization Program to address the home
foreclosure crisis in Des Plaines; and Resolution R-67-09
be adopted at appropriate time this evening. Motion
declared carried.
LEGAL & LICENSING - Alderman Brookman, Chair
Alderman Brookman stated that the language in this
ordinance should be looked at very carefully; the
committee should look at this; this hasn't been mandated
by the Gaming Board; we should have seen ordinances from
other communities.
Moved by Murphy, seconded by Argus, to recommend to the
City Council that the proposed Ordinance M-24-09
establishing a policy of non-interference with hiring or
contractor selection for the planning, development or
operation of the new Casino be referred to committee for
review and report.
Alderman Moylan stated that this matter should be
discussed and voted on tonight; this would send a strong
message that the City would be beyond reproach.
CASINO
(Cont'd.)
TRAFFIC AND
PARKING ORD.
UPDATE:
BID AWARD/
STREET LIGHTS
REPAIR &
UTILITY
LOCATION:
Resolution
R-50-09
ORDINANCE
M-20-09
AMENDMENT/
BUS. LICENSES
LATE FEES:
ORDINANCE
M-21-09
AMENDMENT/
BUS. LICENSES
LATE FEES:
WARRANT
REGISTER:
Resolution
R-65-09
4/20/09
PAGE TEN
Alderman Murphy stated that she has a lot of issues with
this ordinance; this should be discussed in committee.
Moved by Smith, seconded by Moylan, to adopt a substitute
motion and recommend to the City Council that the
proposed Ordinance M-24-09, establishing a policy of non-
interference with hiring or contractor selection for the
planning, development or operation of the new Casino be
referred to committee for review and report but with
strong support of the concept. Motion declared carried.
ENGINEERING - Alderman Walsten, Chair
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation and recommend to the City Council to
approve proposed ordinances re Parking Restrictions,
Right -of -Way Controls, Turn Restrictions, Through Traffic
Restrictions and Code Violations Fines, in order to bring
the City Code in line with current field conditions; and
Ordinances T-2-09, T-3-09, T-4-09, T-5-09 and T-6-09 be
placed on First Reading at appropriate time this evening.
Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Beauvais, seconded by Argus, to award bid for
Repair and Utility Location of Street Lights and
Underground Wires to the lowest bidder, H & H Electric,
2830 Commerce Street, Franklin Park, IL 60131, in the
total not -to -exceed amount of $32,500; and further
recommend to adopt Resolution R-50-09, A RESOLUTION
AUTHORIZING ACCEPTANCE OF A PROPOSAL FROM H & H ELECTRIC
CO. FOR THE REPAIR AND UTILITY LOCATION OF STREET LIGHTS
AND UNDERGROUND WIRES IN THE CITY OF DES PLAINES. Upon
roll call, the vote
AYES: 7 -Beauvais,
Brookman,
NAYS: 0 -None
ABSENT: 0 -None
ABSTAIN:1-Moylan (to avoid the appearance of impropriety)
Motion declared carried.
was:
Murphy, Higgason,
Walsten, Smith, Argus
Moved by Higgason, seconded by Walsten, to adopt
Ordinance M-20-09, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS," CHAPTER 1, "GENERAL LICENSE
REGULATIONS, SECTION 6, "LICENSE FEES," OF THE CITY OF
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.
Moved by Murphy, seconded by Beauvais, to adopt Ordinance
M-21-09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS," CHAPTER 2, "BUSINESS REGULATIONS
CERTIFICATES," SECTION 4, "FEES AND PENALTIES," OF THE
CITY OF 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.
Moved by Smith, seconded by Murphy, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-65-09, 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
R-65-09
(Cont'd.)
ZONING CASE
08 -45 -PUD
PRELIM. PUD/
2550
DEMPSTER:
Ordinance
Z-14-09
MEMORANDUM OF
UNDERSTANDING
FOREST CITY/
TIF #4:
Resolution
R-66-09
GRANT
APPLICATION/
NEIGHBORHOOD
STABILIZATION
PROGRAM:
Resolution
R-67-09
CASINO NON-
INTERFERENCE
WITH HIRING/
CONTRACTORS:
Ordinance
M-24-09
TRAFFIC AND
PARKING ORD.
UPDATE:
Ordinance
T-2-09
Ordinance
T-3-09
Ordinance
T-4-09
Ordinance
T-5-09
Ordinance
T-6-09
4/20/09
PAGE ELEVEN
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$4,467,558.73. 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 Higgason, to concur with
recommendation of Committee of the Whole that Zoning Case
08 -45 -PUD, 2550 E. Dempster Street, and Ordinance Z-14-
09, be referred back to committee for further review and
report. Motion declared carried. Alderman Beauvais
voted no.
Moved by Murphy, seconded by Argus, to concur with
recommendation of Committee of the Whole that City
Manager and City Clerk be authorized to execute
"Memorandum of Understanding" with Forest City
Enterprises, Inc., 50 Public Square, Suite 1000-B,
Cleveland, OH 44113, to set out the expectations of each
party as a preliminary statement of interest for the
redevelopment of the Five Corners Redevelopment Area Plan
in TIF District #4 (Golf Road -Rand Road -River Road) until
a formal Redevelopment Agreement is prepared for
consideration; and further recommend to adopt Resolution
R-66-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BETWEEN FOREST CITY
ENTERPRISES, INC. AND THE CITY OF DES PLAINES REGARDING
TIF DISTRICT #4 IN THE CITY OF DES PLAINES. Upon roll
call, the vote was:
AYES: 7 -Beauvais, Moylan, Murphy,
Higgason, Walsten, Smith, Argus
NAYS: 1 -Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Murphy, seconded by Higgason, to concur with
recommendation of Committee of the Whole that the City
be authorized to support the application for funds
through the State of Illinois under the Neighborhood
Stabilization Program to address the home foreclosure
crisis in the Des Plaines; and further recommend to adopt
Resolution R-67-09, A RESOLUTION APPROVING THE
APPLICATION FOR FUNDS UNDER THE NEIGHBORHOOD
STABILIZATION PROGRAM. 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 Brookman, seconded by Murphy, to concur with
recommendation of Committee of the Whole that the
proposed Ordinance M-24-09, establishing a policy of non-
interference with hiring or contractor selection for the
planning, development of operation of the new Casino be
referred to committee for review and report but with
strong support of the concept. Motion declared carried.
Moved by Walsten, seconded by Beauvais, to concur with
recommendation of Committee of the Whole to approve
proposed ordinances re Parking Restrictions, Right -of -Way
Controls, Turn Restrictions, Through Traffic Restriction
and Code Violations Fines, in order to bring the City
Code in line with current field conditions; and further
recommend to place on First Reading the following
ordinances:
Parking Restrictions - Ordinance T-2-09, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER
3, "STOPPING, STANDING AND PARKING," OF THE CITY OF DES
PLAINES CITY CODE. Motion declared carried.
Right -Of -Way Controls - Ordinance T-3-09, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER
1
TRAFFIC ORD.
(Cont'd.)
4/20/09
PAGE TWELVE
5, "ONE-WAY, STOP AND YIELD STREET," OF THE CITY OF DES
PLAINES CITY CODE. Motion declared carried.
Turn Restrictions - Ordinance T-4-09, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER
4, "MISCELLANEOUS DRIVING RULES," SECTION 3, "TURNING AND
BACKING MOVEMENTS," OF THE CITY OF DES PLAINES CITY CODE.
Motion declared carried.
Through Traffic Restrictions - Ordinance T-5-09, AN
ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 5, "ONE-WAY, STOP AND YIELD STREETS," SECTION 1,
"THROUGH STREETS," OF THE CITY OF DES PLAINES CITY CODE.
Motion declared carried.
Code Violations Fines - Ordinance T-6-09, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER
10, "TRAFFIC ENFORCEMENT AND PENALTIES," SECTION 6, "CODE
VIOLATION FINES," OF THE CITY OF DES PLAINES CITY CODE.
Motion declared carried.
PETITIONS/ Petitions were received in the City Clerk's Office from
1776 JUNIOR Alderman Beauvais on Wednesday, April 1, 2009, from
TERRACE: residents on Junior Terrace, asking the City to take
action against the forced removal of the fence at 1776
Junior Terrace. Staff has issued an opinion (in City
Council file) regarding this matter and is recommending
that the wall/fence be removed.
ADJOURNMENT: Moved by Murphy, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:35 p.m.
APPROVED BY ME THIS`��
DAY OF
Anthony 'rredia, MAYOR
, 2009
Donna McAllister, MMC - CITY CLERK
n
May 5, 2009
Changes to the minutes of April 20th 2009 City Council Meeting.
Page 9, "Memorandum of Understanding Forest City/TIF #4"
There was no mention of the items I brought up during discussion on this issue. Following are the comments 1
gave:
1. I raised a Concern about the time and notification of the committee meeting held by Alderman Murpt y to
discuss this issue. The meeting was held at 8:30 am and I stated that it is very difficult for residents to
attend meetings on a working day in the AM, and that this meeting was not listed on the web site. I d,
acknowledge that Alderman Murphy stated there would be a committee meeting at the previous city
council meeting, but made no mention of the purpose of this meeting. I also stated that no meeting
notice was mailed to my home, nor was it for many other residents.
2. I asked what if the new council did not approve of this memorandum, I was told by the city that the ft ,w
alderman could reject this memorandum if they choose to.
3. I asked for clarification by the city on a statei'rient made by the Mayor that property owners are
responsible for cleaning up contaminated land. The city and the Mayor stated that if grant money wc old
not cover the cost of cleaning up contaminated land, the land owner would be held responsible, tax
payers money would not be used for this purpose.
4. At the committee meeting to discuss this issue Alderman Murphy stated that there were many issues
which must be completed before the new alderman take office. I asked why? 1 stated that I thought n any
of these issues should not be done in a hurry, this usually leads to problems in the future.
5. 1 then asked why the city would not incorporate some language into this memorandum which inform
Forest City of their position concerning land acquisition in this TIF. 1 reminded the city that they have aid
publically during the TIF referendum on this issue that tax payer monies would not be used to acquire
land in this TIF. I reminded the city that during the budget meetings of 2008 the Mayor reiterated tha- the
city made promises that tax payer moneys would not be used to purchase land in this TIF. The city has
now stated that they may have to do so if the situation arouse where there was only one or two hold iut
land owners, which threatened the progress of this TIf, I asked that this be incorporated into this
memorandum. Jason Bajor attempted to answer why this is not necessary, however when I reminded him
that this document should represent not only the developer, but the residents and land owners he se, ves,
he appeared to back down on his position, however there was no indication that this language would )e
placed in the memorandum.
1 have had to reconstruct these statements from my notes of the April 20th 2009 city council meeting.
made more statements but these were the points I wanted to get across to the elected body.
Thank You
Brian Burkross
E00Ij S,Ld?ISV9 11I 'IVO L096 L8Z ELL XVd 5T:ST 6002/50/2O