09-20-2004273
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, SEPTEMBER 20, 2004
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, September 20, 2004.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith, Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Brookman arrived in Executive Session at 6:10 p.m.
Alderman Beauvais arrived at 7:12 p.m. Alderman Brookman
left the meeting at 9:45 p.m.
Also present were: City Manager Niemeyer, Director of Finance Egeberg,
Police Chief Prandini, Fire Chief Farinella, Director of Engineering
Oakley, Director of Public Works Dusckett, Director of Community
Development Bleuher, Director of Human Resources Bajor, Cable Coordinator
Palm, Assistant City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PROCLAMATION:
CITIZEN
PARTICIPA. :
PLACEMENT OF
APPOINTMENTS-
REAPPOINT. ON
AGENDA:
Moved by Sayad, seconded by Argus, to go into Executive
Session to discuss personnel and potential litigation.
Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 2-Beauvais, Brookman
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated
Christiansen, Murphy,
Argus.
the following aldermen present:
Sayad, Brookman, Becker, Smith,
The opening prayer was given by Pastor Gary Houdek, Golf
Road Baptist Church, followed by the Pledge of
Allegiance.
Mayor Arredia read a proclamation proclaiming the weeks
before the November 2nct election as the Season of Citizen
Participation, and encouraged eligible citiznes to
register to vote by October 5, 2004 and to vote on
November 2, 2004.
Mr. Marty Moylan, 1405 Oakwood Avenue, addressed the City
Council regarding the billboards in town; do we know the
value of these signs; what is going on at City Hall?;
this is reflecting negatively on our City; was there a
competitive bid process followed; he requests that a
moratorium be placed on approval of further billboards
until this has been investigated.
Moved by Sayad, seconded by Argus, that City Attorney be
authorized to prepare necessary ordinance to place
appointments-reappointments as a separate item on the
City Council agenda. MOTION DECLARED FAILED. Aldermen
Sayad, Becker and Argus voted yes; Aldermen Christiansen,
Murphy, Brookman and Smith voted no.
Alderman Beauvais arrived at 7:12 p.m.
APPOINTMENT
OF NEW
FIRE CHIEF:
ECONOMIC
DEVELOPMENT
DIRECTOR
POSITION:
STATEMENT
ON
BILLBOARDS:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
HOURS FOR
BUSINESS-
CONSTRUCTION
NOISE:
Ordinance
M-58-04
PAGE TWO
274
9/20/04
Moved by Murphy, seconded by Sayad, to concur with
consensus in Executive Session that Deputy Fire Chief
John Heavey be appointed as the new Fire Chief effective
October 1, 2004. Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
consensus in Executive Session that Staff be authorized
to have Job Evaluation Committee review the proposed
position of Economic Development Director with a
projected salary range of $65,000 to $B5,000; and
advertise for this position. Motion declared carried.
City Attorney Wiltse read a Statement on Billboards,
dated September 20, 2004, regarding the sale of Premere
Outdoor, Inc. to another company, Lamar Advertising; the
involvement of Mr. James Dvorak, and the subsequent
meeting Staff had with the U.S. Attorney regarding this
matter (copy of statement attached).
A resident requested that Items 2 and 2a be removed from
the Consent Agenda; Aldermen Becker and Brookman
requested that Items B and Ba be removed; and Alderman
Christiansen requested that Item 12 be removed.
Moved by Beauvais, seconded by Sayad,
Consent Agenda except for Items 2, 2a,
Motion declared carried.
to establish a
B, Ba and 12.
Moved by Brookman, seconded by Sayad, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: B-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-59-04, M-60-04 and Z-46-04 were placed on First
Reading; and Resolutions R-lOB-04, R-109-04 and R-110-04-
were adopted.
Moved by Brookman, seconded by Sayad, to approve minutes
of the regular meeting of the City Council held September
7, 2004, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Mr. Ronald Moore, 14BO Jefferson Street, addressed the
City Council asking for a clarification of the various
types of equipment; also noise sometimes begins before
7:00 a.m. as contractors get their equipment ready to
operate.
City Attorney Wiltse stated that the Staff can review the
ordinance before final adoption to see where it can be
clarified and strengthened.
Moved by Becker, seconded by Murphy, to concur with Staff
recommendation to amend Title 5, Chapter 3, Section 1 -
"Nuisances Declared" by restoring Subsection O -"Use of
Equipment" to the City Code, which prohibits building or
construction noise between the hours of 7:00 p.m. and
7: 00 a. m., Monday through Saturday, and between the hours
of 6:00 p.m. and 10:00 a.m. on Sundays and holidays,
except for work on public improvements and work of public
service utilities, within 600' of any building used for
residential or hospital purposes; and further recommend
to place on First Reading Ordinance M-58-04, AN ORDINANCE
AMENDING TITLE 5, "PUBLIC HEALTH AND SAFETY" CHAPTER 3,
"NUISANCES" SECTION 1, "NUISANCES DECLARED" BY ADDING O,
"USE OF EQUIPMENT" TO THE DES PLAINES CITY CODE. Motion
declared carried.
LICENSE
AGREEMENT/
101 E.
MILLERS:
Consent
Agenda
Ordinance
M-59-04
SALE OF CITY
PROPERTY/
NWMC AUCTION:
Consent
Agenda
Ordinance
M-60-04
ZONING CASE
04-47-A
MAP AMEND./
772 OAKTON:
Consent
Agenda
Ordinance
Z-46-04
CLASS 6b
PROPERTY TAX
EXEMPTION/
350 HOWARD:
Consent
Agenda
Resolution
R-108-04
AMENDMENTS/
2003-2004
CDBG BUDGET
& ACTION
PLAN:
Consent
Agenda
Resolution
R-109-04
Resolution
R-110-04
PAGE THREE
275
9/20/04
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation to grant request to permit
installation of a brick paver driveway apron in the City-
owned right-of-way adjacent to property located at 101
E. Millers Road; Mayor and City Clerk be authorized to
execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-59-04,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH
IN THE PUBLIC RIGHT-OF~WAY WITH OWNERS PETER AND MARGARET
VASSOS, 101 EAST MILLERS ROAD, DES PLAINES, ILLINOIS
(Case BC 04-46-LA). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation to authorize to sell by auction at
the annual Northwest Municipal Conference Surplus Vehicle
and Equipment Auction to be held on Saturday, October 9,
2004, Mt. Prospect Public Works, 1700 W. Central Road,
Mt. Prospect, fifteen (15) surplus vehicles that are
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-60-04, AN ORDINANCE AUTHORIZING
THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE
WITH CITY CODE SECTION 1-12-4. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
recommendation of Des Plaines Plan Commission, re Zoning
Case 04-4 7-A, to grant request for Map Amendment to
rezone from R-1 Single-Family Residential District to C-3
General Commercial District to permit expansion of
existing recreational trailers sales business situation
on adjacent lot to the west, with seven (7) conditions,
on property located at 772 W. Oakton Street; and further
recommend to place on First Reading Ordinance Z-46-04,
AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM
R-1 SINGLE-FAMILY RESIDENTIAL TO C-3 GENERAL COMMERCIAL
AT 772 WEST OAKTON STREET, DES PLAINES, ILLINOIS (Case
04-47-MA) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation to authorize City to support and
consent to the granting of a Cook County Real Estate
Classification 6(b) property tax exemption to Cozzini
Bros., Inc., 4300 W. Bryn Mawr, Chicago, IL 60646, to
reoccupy and substantially rehabilitate property located
at 350 Howard Avenue; and further recommend to adopt
Resolution R-108-04, A RESOLUTION AUTHORIZING 6(b)
CLASSIFICATION FOR REAL PROPERTY LOCATED AT 350 HOWARD
AVENUE IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY
REAL PROPERTY CLASSIFICATION ORDINANCE. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation to approve amendments to the 2003-
2004 Community Development Block Grant Budget and
Consolidated Plan Action Plan (approved by the City
Council on August 4, 2003); and the revised documents be
submitted to U.S. Department of Housing and Urban
Development (HUD) no later than September 27, 2004; and
further recommend to adopt:
RESOLUTION R-109-04 - A RESOLUTION APPROVING AMENDMENTS
TO THE CITY OF DES PLAINES 2003-2004 COMMUNITY
DEVELOPMENT BLOCK GRANT BUDGET; and
RESOLUTION R-110-04 - A RESOLUTION APPROVING AMENDMENTS
TO THE CITY OF DES PLAINES CONSOLIDATED ACTION PLAN
PROJECT YEAR 2003.
Motion declared carried as approved unanimously under
Consent Agenda.
CONSTRUCTION
CONTRACT/
METROPOLITAN
SQ. PARKING
GARAGE:
Resolution
R-112-04
PARKING PAD
VARIATION/
2 3 9 ARDMORE :
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
2004 HOLIDAY
LIGHTS-
DECORATIONS:
APPOINTMENTS/
REAPPOINT . :
Consent
Agenda
PAGE FOUR
276
9/20/04
Moved by Becker, seconded by Christiansen, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute construction agreement with Power
Construction Company, LLC, 2360 Palmer Drive, Schaumburg,
IL 60173, to construct a four (4)-story, 458 space
parking garage and related infrastructure improvements
in the Metropolitan Square Development, 551 Lee Street,
in the amount of $6,295,726/TIF #1 Funds; and further
recommend to adopt Resolution R-112-04, A RESOLUTION
AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A
CONSTRUCTION CONTRACT AGREEMENT WITH POWER CONSTRUCTION
COMPANY FOR THE CONSTRUCTION OF THE CITY OWNED PARKING
GARAGE IN THE METROPOLITAN SQUARE DEVELOPMENT.
Moved by Brookman, seconded by Murphy, to suspend the
rules to permit public input on this matter. Motion
declared carried.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
City Council stating that there wasn't a copy of the
agreement in the packet at the Des Plaines Library; he
would like to know what the changes were.
Alderman Brookman questioned how this garage could be
built without an agreement; who authorized this? City
Manager Niemeyer stated that he has the authority through
a resolution adopted by the City Council to enter into
certain contracts for this project.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Aldermen Sayad and Argus requested that for the record
they are voting NO on construction of the 4th story of
the parking garage.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation to grant request for Variation to
Section 10-1-11 of the Building Code Amendments to permit
enlargement of existing driveway to create a 4' wide x
39. 6' long parking pad in the front yard of property
located at 239 Ardmore Road. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for One (1) Compact Utility Tractor,
returnable by 3:00 p.m., Wednesday, October 20, 2004.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Sayad, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2005 Curbside Calendar, returnable
by 3:00 p.m., Wednesday, October 6, 2004. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Christiansen, seconded by Brookman, to NOT
authorize the City Clerk to advertise for bids for 2004
Holiday Lights-Decorations, and the possibility of
extending the contract with the current provider be on
the October 4, 2004 agenda. Motion declared carried.
Moved by Brookman, seconded by Sayad, to approve Mayoral
appointments/reappointments as follows:
Appointments:
SPECIAL EVENTS COMMISSION
Joanne Troost, term to expire August 31, 2007
Deidre' Troost-Rhodes, term to expire August 31, 2005
~
REAPPOINT.
(Cont'd. )
REAPPOINT . :
ORDINANCE
M-59-04
LIC. AGREE./
101 MILLERS:
ORDINANCE
M-60-04
SALE OF CITY
PROPERTY/
NWMC AUCTION:
ORDINANCE
Z-46-04
MAP AMEND./
772 OAKTON:
WARRANT
REGISTER:
PAGE FIVE
Reappointments:
LIBRARY BOARD
Mary Ellicson, term to expire June 30, 2007
Susan Weinberg, term to expire June 30, 2007
SPECIAL EVENTS COMMISSION
Lucille Adamick, term to expire August 31, 2008
277
9/20/04
Gayle Mountcastle, term to expire August 31, 2008
Richard Gravesmill, term to expire August 31, 2008
Motion declared carried as approved unanimously under
Consent Agenda.
Presented for consideration (no action required) were the
following Mayoral reappointments:
LIBRARY BOARD -Eldon Burk
BOARD OF FIRE AND POLICE COMMISSIONERS -Don Rosedale
(final action on this matter under Consent Agenda on
October 4, 2004)
Moved by Sayad, seconded by Murphy, to advance to Second
Reading and adopt Ordinance M-59-04, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE
PUBLIC RIGHT-OF-WAY WITH OWNERS PETER AND MARGARET
WASSOS, 101 EAST MILLERS ROAD, DES PLAINES, ILLINOIS
(Case 04-46-LA). Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Murphy, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-60-04, AN ORDINANCE
AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY
IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Upon roll
call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Argus, seconded by Sayad, to advance to Second
Reading and adopt Ordinance Z-46-04, AN ORDINANCE
GRANTING A REQUEST FOR A MAP AMENDMENT FROM R-1, SINGLE-
FAMILY RESIDENTIAL TO C-3, GENERAL COMMERCIAL AT 772 WEST
OAKTON STREET, DES PLAINES, ILLINOIS (Case 04-47-MA).
Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Murohv, seconded by Christiansen, to recommend
to the City Council approval of the September 20, 2004 -
Warrant Register, AS AMENDED, in the total amount of
$4,964,798.28; and further recommend that Resolution R-
111-04 be adopted at appropriate time this evening.
Motion declared carried.
SALARIES OF
ELECTED
OFFICIALS:
PAGE SIX
278
9/20/04
Moved by Sayad, seconded by Murphy, to recommend to the
City Council that the salary of the Mayor NOT be
increased.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole asking why an increased is not
being considered for the Mayor and aldermen; it seems
unfair. Alderman Sayad said that Mayor Arredia requested
that his salary not be increased.
Motion declared carried.
Moved by Sayad, seconded by Argus, to recommend to the
City Council that the salary of the aldermen NOT be
increased. Motion declared carried.
Moved by Sayad, seconded by Murphy, to recommend to the
City Council that the monthly telephone expense for
elected officials be increased from $14.89 to $25.
MOTION DECLARED FAILED (Aldermen Murphy, Sayad and Argus
voted yes; Aldermen Beauvais, Christiansen, Brookman,
Becker and Smith voted no).
Moved by Sayad, seconded by Murphy, to recommend to the
City Council to eliminate the monthly expense allowances
and allocate those funds to the base salaries. MOTION
DECLARED FAILED.
Moved by Sayad, seconded by Becker, to recommend to the
City Council that the annual salary for the City Clerk
for the next four (4) years be established at $55,000.
Motion by Brookman to adopt a substitute motion and
recommend to the City Council that the salary for the
City Clerk be increased by 4% for the next four (4)
years, DIED FOR LACK OF A SECOND.
Moved by Smith, seconded by Beauvais, to adopt a
substitute motion to recommend to the City Council that
a salary range be established for the position of City
Clerk from $47,500 to $69,592.
City Attorney stated that should not be done for an
elected official without specific yearly dollar amounts.
Alderman Beauvais withdrew her second.
Moved by Becker, seconded by Christiansen, to adopt a
substitute motion to recommend to the City Council that
the salary for the City Clerk be established at $55,000
for the first year; $56,650 for the second year; $58,350
for the third year; and $60,100 for the fourth year.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that City Clerk McAllister
has helped a lot of students learn about City government;
she has donated a lot to the City; you are wrong and out
of line; this is a very important office.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole asking where this proposed salary
will put City Clerk McAllister in the salary survey.
Alderman Smith said it would be right in the middle. Mr.
Burkross asked if there could be another form of
compensation. City Attorney Wiltse stated there is the
step approach which has been suggested.
MOTION DECLARED FAILED ON THE SUBSTITUTE MOTION (Aldermen
Beauvais, Murphy, Brookman, Argus voted no; Aldermen
Christiansen, Sayad, Becker, Smith voted yes; a tie vote
is a failed vote).
SALARIES
(Cont'd.)
NEW AUDITING
SERVICES:
PAGE SEVEN
279
9/20/04
Moved by Murphy, seconded by Brookman, to adopt a
substitute motion to recommend to the City Council that
the salary of the City Clerk be increased by 3% from
$47,500 to $48,925 for the next four (4) years. MOTION
DECLARED FAILED (Aldermen Murphy and Brookman voted yes;
Aldermen Beauvais, Christiansen, Sayad, Becker, Smith and
Argus voted no).
MOTION DECLARED FAILED ON THE ORIGINAL MOTION.
Moved by Brookman, seconded by Murphy, to recommend to
the City Council that the salary of the City Clerk be
increased by 1% each year for the next four (4) years for
a total of 4%: $47,975 for the first year, $48,455 for
the second year; $48,939 for the third year; and $49,429
for the fourth year. MOTION DECLARED FAILED (Aldermen
Murphy, Brookman and Argus voted yes; Aldermen Beauvais,
Christiansen, Sayad, Becker and Smith voted no).
Moved by Smith, seconded by Becker, to recommend to the
City Council that a salary range be established for the
position of City Clerk beginning at $47,500, then be
increased incrementally for each year of the term for
seven (7) years, to a maximum of $69,592; and further
recommend that the current City Clerk be paid the maximum
annual amount of $69,592 for the next four (4) years, if
she is re-elected. MOTION DECLARED FAILED (Aldermen
Christiansen, Sayad, Becker and Smith voted yes; Aldermen
Beauvais, Murphy, Brookman and Argus voted no; a tie vote
is a failed vote).
Moved by Beauvais, seconded by Christiansen, to recommend
to the City Council that a salary range be established
for the position of City Clerk beginning at $47, 500, then
be increased incrementally for each year of the term for
seven (7) years, to a maximum of $60,000; the current
City Clerk be paid the maximum annual amount of $60,000
for the next four (4) years, if she is re-elected; and
further recommend that Ordinance M-61-04 -AS AMENDED,
be placed on First Reading at appropriate time this
evening. MOTION DECLARED CARRIED (Aldermen Beauvais,
Christiansen, Sayad, Becker and Smith voted yes; Aldermen
Murphy, Brookman and Argus voted no).
Director of Finance Egeberg reviewed his memo of
September 13, 2004, regarding the eleven RPFs that were
sent to auditing firms that were registered with the
Illinois Government Finance Officers Association; seven
(7) of these firms attended a pre-proposal meeting and,
subsequently, four (4) firms submitted quotes for
services.
Alderman Beauvais requested that the services include an
audit of the City's health insurance program.
Moved by Brookman, seconded by Sayad, to recommend to the
City Council that it would be in the best interest of the
City to accept proposal from PTW & Company, 2221 Camden
Court, Suite 300, Oak Brook, IL 60523, to perform
auditing services for a five (5)-year period, that would
include the City's heal th insurance program, in the
amount of $28,000 for 2004; $29,400 for 2005; $30,870 for
2006; $32,414 for 2007; and $34,034 for 2008.
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that the City should be
careful who they choose; this could cost the City money;
can we fine a company if they don't perform well and you
have to make a change?
Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
ZONING CASE
03-68-V
LOT COVERAGE
VARIATION/
1646 LINDEN:
(tabled item)
ORDINANCE
Z-47-04
VARIATION/
2800
MANNHEIM:
WARRANT
REGISTER:
Resolution
R-111-04
SALARIES
OF ELECTED
OFFICIALS:
PAGE EIGHT
280
9/20/04
Moved by Brookman, seconded by Murphy, to TAKE FROM THE
TABLE the matter of Zoning Case 03-68-V, 1646 Linden
Street, which was tabled on August 2, 2004. Motion
declared carried.
Alderman Becked reviewed this matter; the developer has
agreed to the addition of a residential fire spri nkl er
system in this development and it has been added t o hi s
drawings.
Moved by Brookman, seconded by Sayad, to concur with
recommendation of the Des Plaines Zoning Board of
Appeals, re Zoning Case 03-68-V, to permit construction
of four (4) duplex townhomes with a lot coverage of 36%,
instead of 30%, a side yard setback of 4' instead of 5',
include a residential fire sprinkler system i n t he
development; in R-2 Two-Family Residenti al Distri ct on
property located at 1646 Linden Street; and Ordinance Z-
39-04 be placed on First Reading at appropriate time thi s
evening.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Argus, to place on First
Reading Ordinance Z-47-04, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 7.3-6 D. OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO INCREASE THE PERMITTED HEIGHT OF A
HOTEL WITH A TOWER AT 2800 SOUTH MANNHEIM ROAD , DES
PLAINES, ILLINOIS (Case 04-40-V) . Motion declared
carried. Aldermen Beauvais and Brookman voted no.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-111-04, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$4,964,798.28 -AS AMENDED. Upon roll call, the vote
was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Argus, to concur with
recommendation of Committee of the Whole that the salary
of the Mayor and aldermen not be increased; and further
to not eliminate the monthly expense allowances and
allocate those funds to the base salaries. Motion
declared carried.
Moved by Sayad, seconded by Murphy, that the monthly
telephone expense for elected officials be increased from
$14.89 to $25. Upon roll call, the vote was:
AYES: 5-Christiansen, Murphy, Sayad,
Brookman*, Argus
NAYS: 3-Beauvais, Becker, Smith
ABSENT: 0-None
Motion declared carried.
*Alderman Brookman asked leave of the body to change her
vote to no on the previous motion. There were no
objections. Voting yes on the motion were Aldermen
Christiansen, Murphy, Sayad and Argus; voting no were
Aldermen Beauvais, Brookman , Becker and Smith; this
created a tie vote which Mayor Arredia broke by voting
no. MOTION DECLARED FAILED.
SALARIES
(Cont'd. )
NEW AUDITING
SERVICES:
ZONING CASE
03-68-V
LOT COVERAGE
VARIATION/
1646 LINDEN:
Ordinance
Z-39-04
PETITIONS/
SPECIAL
SERVICE AREA
2150 AND 2172
CHESTNUT:
ADJOURNMENT:
PAGE NINE
281
9/20/04
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole that a salary
range be established for the position of City Clerk
beginning at $4 7, 500, then be increased incrementally for
each year of the term for seven (7) years, to a maxi mum
of $60,000; the current City Clerk be paid the max i mum
annual amount of $60,000 for the next four (4) years; and
place on First Reading Ordinance M-61-04 -AS AMENDED,
AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER
7, "CITY OFFICIALS," SECTION 5, "OFFICIAL SALARIES," OF
THE DES PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen,
Sayad, Becker, Smith
NAYS: 3-Murphy, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Committee of the Whole that it would
be in the best interest of the City to accept proposal
from PTW & Company, 2221 Camden Court, Suite 300, Oak
Brook, IL 60523, to perform auditing services for a five
(5)-year period, that would include the City's health
insurance program, in the amount of $28,000 for 2004;
$29,400 for 2005; $30,870 for 2006; $32,414 for 2007; and
$34,034 for 2008. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Christiansen, to concur with
recommendation of Committee of the Whole, re Zoning Case
03-68-V, to permit construction of four (4) duplex
townhomes with a lot coverage of 36%, instead of 30%, a
side yard setback of 4' instead of 5', include a
residential fire sprinkler system in the development; in
R-2 Two-Family Residential District on property located
at 1646 Linden Street; and place on First Reading
Ordinance Z-39-04, AN ORDINANCE AUTHORIZING A VARIATION
TO SECTION 7.2-5 D. OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT CONSTRUCTION OF FOUR RESIDENTIAL
DUPLEX TOWNHOUSES WITH A LOT COVERAGE OF 36% AND A SIDE
YARD SETBACK OF 4 FEET IN R-2 TWO-FAMILY RESIDENTIAL
DISTRICT AT 1646 LINDEN STREET, DES PLAINES, ILLINOIS.
Motion declared carried (final action on this matter
under Consent Agenda on October 4, 2004).
Mayor Arredia referred petitions received by the City
Clerk's Office on September 1, 2004, requesting a Special
Service Area be created by the City for paving of the
parking area at 2150 and 2172 Chestnut Avenue, to Staff
for review and report.
Alderman Brookman left the meeting at 9:45 p.m.
Moved by Beauvais, seconded by Becker, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:50 p.m.
~{Q<!Q;fl;
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS
DAY OF ~ ' 2004
~I
Anthony W 6fud;;: /MAYOR
Statement on Billboards 9/20/04
The City Manager and the City Attorney have been looking into the questions ·
regarding the sale of Premere Outdoor, Inc. to another company Lamar Advertising. As a
result of their inquiries and specifically as a result of demands for documents by the City
Attorney and Assistant City Attorney, we were supplied with a document indicating that
James Dvorak had a stock interest in Premere Outdoor.
Due to concerns regarding the previous disclosure of Mr. Dvorak's contact with
the City, the City Attorney, City Manager and the Mayor agreed that the best course of
action was to take our concerns to the office of the top law enforcement prosecutor in
Illinois.
Accordingly, on or about September 8, the Mayor, Dave Niemeyer, and I agreed
that I should contact the office of the United States Attorney for the Northern District of
Illinois to request a meeting regarding the recent revelations. I did call the U.S.
Attorney's office and discussed the scope and concerns that we had. I was told that they
were interested in meeting with us. We were specifically requested by the U. S.
Attorney's office to keep the contact with them and the pending meeting completely
confidential. A meeting was arranged and several dozen pages of documentation were
pulled from City files and forwarded to the U.S. Attorney's Office in Chicago with our
request to meet, review and discuss these issues. A confidential memo dated Sept. 9th
which disclosed the Dvorak name in connection with Premere Outdoor, but did not
disclose the pending meeting with the U. S. Attorney was leaked, verbatim to the press,
by persons unknown.
By way of background on these issues: in June 2004, representatives of Lamar
Advertising Company contacted City officials to follow up on new billboard permit
applications. City officials asked why Lamar was inquiring instead of Premere Outdoor.
We were told that Lamar had purchased the assets of Premere Outdoor. Staff asked
orally for records on the ownership transfer and on July 30, 2004, Assistant City Attorney
Ray Bartel sent a letter again demanding the documents. Staff review of our file has
showed that five permits were filed by Premere or Premere/Lamar.
At the City Attorney's request, Lamar produced documents which showed the
purchase of assets, and City officials learned, for the first time, that Jam es Dvorak had a
stock ownership interest in Premere Outdoor. This information was brought to the
attention of the City Manager, Alderman Becker, as chair of Community Development,
and Mayor Arredia. Approximately one week later, Alderman Smith and Alderman
Sayad, as Chair and member of the Legal and Licensing Committee, were privately and
separately informed of the Dvorak stock ownership interest in Premere Outdoor. A
meeting of the Legal and Licensing Committee was set for September 1, 2004 to discuss
four specific issues including the transfer of assets from Premere to Lamar. Copies of the
Agenda packet were given to the news reporter present and later faxed to two other news
reporters. On September 1, 2004, the City Attorney was directed by the Legal and
Licensing Committee to further investigate the corporate ownership changes.
Billboard statement page two.
As a result of the situation, Staff and the Mayor determined prior to the meeting
with the U. S. Attorney, that the City should begin a new disclosure policy to reveal
ownership interest of applicants and developers. A copy of the City of Chicago
disclosure form has been obtained and is being modified for Des Plaines use.
The City Attorney has also met with the attorney for Premere Media and real
estate manager for Viacom who seeks to become the successor to the five billboard sites
not finalized by Lamar. Viacom is a Fortune 100 company, which owns, among other
companies, CBS, MTV, Paramount Pictures, Showtime, Simon & Schuster and
Blockbuster Video.
At the request of City officials, on Friday, September 17, 2004, Mayor Arredia,
City Attorney, Dave Wiltse, and City Manager, Dave Niemeyer met for an hour with an
attorney in the criminal investigations division of the U.S. Attorney's Office in Chicago.
A full and candid discussion of the development of the billboard program and the concern
regarding any perception of the existence of Mr. Dvorak's name as a part owner of
Prem ere Outdoor and a part owner and former officer of Premere Media was had.
After further discussion with the U.S. Attorney's representative, it became clear to
us that the best step to take to protect Des Plaines interests and reputation was to continue
with the new efforts to require full disclosure of ownership, business or personal
relationships before entering into any contract. Specifically the new requirements for
employee disclosure and the use of a new disclosure form for applicants and developers
was discussed and seen as the right step to ensure full disclosure in the future and protect
the City's reputation.
The U.S. Attorney declined to make any further comment at this time regarding
the materials forwarded to their office.
Further specific details on the various corporations will be forthcoming from the
City attorney's office with recommendations and reported to the Legal and Licensing
Committee and the full City Council.
I will complete my report on the changes in corporate ownership and the
remaining billboard sites. The matter will be reported to the Council in mid October.
Until such time as the City Attorney's investigation is concluded, all contacts,
requestions for information and questions should be directed to City Attorney Wiltse.
{/[11/~· K, )l/.ittf'
David R. Wiltse
City Attorney for Des Plaines
1-847-391-5302