09-19-2005166
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 19, 2005
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 19, 2005.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Argus.
Aldermen Brookman, Becker and Smith were absent.
Alderman Smith arrived in Executive Session at 6:02
p.m. Alderman Becker arrived in Executive Session
at 6:19 p.m.
Also present were: City Manager Niemeyer, Director of Finance
Director
Director
Attorney
Egeberg, Deputy Police Chief Schneider, Fire Chief Heavey,
of Engineering Oakley, Director of Public Works Dusckett,
of Community & Economic Development Bleuher, Assistant City
Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
PROCLAMATION:
Moved by Sayad, seconded by Argus, to go into
Executive Session to discuss pending litigation,
setting price for sale-lease of property and
probable-imminent litigation and executive session
minutes. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Murphy,
Sayad, Argus
NAYS: 0-None
ABSENT: 3-Brookman, Becker, Smith
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Becker,
Smith, Argus.
The opening prayer was given by Pastor Cobb of the
Brentwood Baptist Church, followed by the Pledge of
Allegiance to the Flag.
Mayor Arredia announced that the City of Des Plaines
has won two Governor's Home Town Awards John
Hecker, Director of Parks and Steve Schaefer,
Commander VFW Post #2992 explained the award won for
the Lake Park Memorial Pavilion project and Debra
Walusiak explained the award won by the Self-Help
Closet and Pantry.
Mayor Arredia introduced Congresswoman Jan
Schakowsky who addressed the City Council regarding
flood mitigation program grant funding.
Mayor Arredia read a Proclamation in support of the
National Anthem Project.
CITIZEN
PARTICIPA.:
PENDING
LITIGATION/
SIGN
ORDINANCE:
Ordinance
Z-26-05
SET. PRICE
SALE-LEASE
PROPERTY/
CITY OF
CHICAGO
(O'HARE
STREETS) :
Resolution
R-131-05
Ordinance
A-1-05
167
9/19/05
PAGE TWO
Mr. Wayne Serbin, 835 Pearson Street, addressed the
City Council stating that there has been flooding in
New York this past weekend; people were in row
boats; he applauds the Mayor for his efforts
regarding flood relief in Des Plaines.
Mr. Steve Schaefer, 835 Pearson Street and Mr. Andy
Samborski, 2108 Sherwin Avenue, addressed the City
Council stating that the Veterans of Foreign Wars
Post #2992 and the Knights of Columbus Council #3627
are gathering donations of personal items to send to
soldiers in Iraq and are urging residents to show
their support.
Ms. Magdalena Sobanska, 700 Dempster Street, Mt.
Prospect, addressed the City Council stating that
the board members of the Birch Manor Condominium
Association, which is in the Waycinden area, need
help protesting their water bills. Mayor Arredia
suggested that they contact his office to set up a
meeting.
Ms. Cheri Ferrari, 1293 Spaulding, Mundelein,
addressed the City Council stating that she is the
Chairperson for Kiwanis Peanut Day this year; please
support them on September 23rd and 24th for this good
cause.
Moved by Smith, seconded by Sayad, to concur with
consensus in Executive Session that the City Council
place on First Reading Ordinance Z-26-05 amending
Article 11. 3 - 3 -"Issuance of Sign Permits" of the
Zoning Code by deleting portions of subparagraph
C. 1. and 2. and deleting the second subsection in
its entirety. Motion declared carried.
Moved by Smith, seconded by Murphy, to waive the
rules to permit public input on this matter. Motion
declared carried.
Moved by Smith, seconded by Beauvais, to advance to
Second Reading and adopt Ordinance Z-26-05, AN
ORDINANCE AUTHORIZING A TEXT AMENDMENT TO ARTICLE
11, "SIGNS I II SECTION 11. 3 -3 I "ISSUANCE OF THE
PERMIT, /1 OF THE CITY OF DES PLAINES ZONING CODE.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Moved by Smith, seconded by Becker, to concur with
majority agreement in Executive Session to approve
the adoption of the Intergovernmental Agreement with
the City of Chicago; and further recommend to adopt
Resolution R-131-05, A RESOLUTION AUTHORIZING THE
EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF CHICAGO AND THE CITY OF DES PLAINES FOR
THE ACQUISITION OF PORTIONS OF FAIRHOPE AVENUE,
HINSDALE ROAD, ARMSTRONG ROAD, ARMSTRONG COURT, SELL
ROAD, HENKE PLACE AND TORIS ROAD, DES PLAINES,
ILLINOIS. Upon roll call, the vote was:
O'HARE STREETS
(Cont'd.)
PENDING
LITIGATION/
INFRASTRUCTURE
MAINTENANCE
FEE:
AMEND ORDER
OF AGENDA:
ORDINANCE
M-64-05
STREET-ALLEY
VACATION/
JEFFERSON
STREET:
Reconsider-
ation
CONSENT
AGENDA:
PAGE THREE
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 1-Argus
ABSENT: 1-Brookman
Motion declared carried.
168
9/19/05
Moved by Smith, seconded by Becker, to concur with
consensus in Executive Session to place on First
Reading Ordinance A-1-05, PHASE A DISCONNECTION AND
EXCLUSION ORDINANCE DIS-ANNEXING AND EXCLUDING
CERTAIN TERRITORY IN THE CITY OF DES PLAINES.
Motion declared carried.
Moved by Smith, seconded by Sayad to concur with
consensus in Executive Session to object to the
proposed Infrastructure Maintenance Fee settlement
and to direct the City Attorney and City Manager to
investigate the options available and report back to
the City Council. Motion declared carried.
Moved by Becker, seconded by Sayad, to amend the
order of the agenda to bring to the floor Item 2
under Unfinished Business, Reconsideration of
Ordinance M-64-05. Motion declared carried.
Moved by Sayad, seconded by Murphy, to RECONSIDER
motion approved by the City Council on September 6,
2005, as follows:
"Moved by Beauvais, seconded by Murphy, to adopt a
substitute motion to POSTPONE until October 3, 2005
further discussion on approval of vacation of a 16'
alley running northeast from Market Street to
Jefferson Street and a portion of Jefferson Street,
to complete the building of Building "B" in
Metropolitan Square; and Ordinance M-64-05" Motion
declared carried.
Moved by Becker, seconded by Sayad, to AMEND the
substitute motion to concur with Staff
recommendation to approve vacation of a 16' alley
running northeast from Market Street to Jefferson
Street and a portion of Jefferson Street, to
complete the building of Building "B" in
Metropolitan Square; and further recommend to place
on First Reading Ordinance M-64-05. Motion declared
carried.
Moved by Becker, seconded by Murphy, to advance to
Second Reading and adopt Ordinance M-64-05, AN
ORDINANCE FOR THE VACATION OF A PORTION OF JEFFERSON
STREET RIGHT-OF-WAY AND A SIXTEEN (16) FOOT ALLEY AS
ARE MORE FULLY DESCRIBED HEREIN. Upon roll call,
the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Deputy City Clerk Peterson requested that Item 2 be
removed from the Consent Agenda; Alderman Murphy
requested that Items 6 and 6a be removed; and
Alderman Sayad requested that Item 11 be removed.
CONSENT
(Cont'd.)
MINUTES:
Consent
Agenda
MINUTES/
8/29/05:
LIQ. LIC./
1472 MARKET:
Consent
Agenda
Ordinance
M-65-05
PAGE FOUR
Moved by Beauvais, seconded by Becker,
a Consent Agenda except for Items 2,
Motion declared carried.
169
9/19/05
to establish
6, 6a and 11.
Moved by Beauvais, seconded by Becker, to approve
the Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances M-61-05 and T-10-
05 were adopted; Ordinance M-65-05 was placed on
First Reading; and Resolutions R-133-05, R-134-05,
R-135-05 and R-136-05 were adopted.
Moved by Beauvais, seconded by Becker, to approve
minutes of the Special meeting of the City Council
held August 29, 2005, as published. Motion declared
carried as approved unanimously under Consent
Agenda.
Moved by Beauvais, seconded by Becker, to approve
minutes of the regular meeting of the City Council
held September 6, 2005, as published. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvais, seconded by Becker, to approve
minutes of the Executive Session of the City Council
held September 6, 2005. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Becker, to concur with
consensus in Executive Session to approve minutes of
the Executive Session of the Special meeting of the
City Council held August 29, 2005 AS AMENDED.
Motion declared carried.
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to amend Title 4, Chapter
4 "Intoxicating Liquors," Section 4-4-5 of the
City Code to ADD one ( 1) Class A Tavern Liquors
Dealers License for property located at 1472 Market
Street, d/b/a Cheeseburger in Paradise; contingent
upon verification of fingerprints; and further
recommend to place on First Reading Ordinance M-65-
05 I AN ORDINANCE AMENDING TITLE 4 I "BUSINESS
REGULATIONS" I CHAPTER 4 "INTOXICATING LIQUORS" I
SECTION 5, "LICENSE FEES AND NUMBERS", OF THE DES
PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE
FOR CHEESEBURGER-ILLINOIS, LIMITED PARTNERSHIP,
D/B/A CHEESEBURGER IN PARADISE AT 1472 MARKET
STREET, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent
Agenda.
LANDSCAPE
DESIGN
SERVICES:
Resolution
R-132-05
AMENDED
AGREEMENT/
POTTER RD.
WATER MAIN
CONSTRUCTION:
Consent
Agenda
Resolution
R-133-05
DESIGN
ENGINEERING
SERVICE
AGREEMENT/
LEVEE 50
PROJECT:
Consent
Agenda
Resolution
R-134-05
PUBLIC
IMPROV./
1460
WEDGEWOOD:
Consent
Agenda
Resolution
R-135-05
170
9/19/05
PAGE FIVE
Motion by Murphy, seconded by Argus, to solicit
proposals for Landscape Architect Services for
Gateway Park at the corners of River Road-Miner
Street and River Road-Ellinwood Street and VOID
Resolution R-132-05. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Murphy,
Argus, Arredia
NAYS: 3-Sayad, Becker, Smith
ABSENT: 1-Brookman
Motion declared carried.
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to amend contract with
Graef, Anhalt, Schloemer & Associates, Inc., 8501 w.
Higgins Road, Suite 200, Chicago, IL 60631 (approved
by the City Council on August 1, 2005, Resolution R-
119-05, for design engineering services to construct
a new 12" diameter water main in connection with the
Cook County Highway Department's reconstruction of
Potter Road from Emerson Street to Seminary Avenue)
to expand the project to connect the water main to
Dempster Street for an additional fee of $6,790, for
a new total contract amount not-to-exceed
$ 2 3 , 9 O 7 /Water Fund; and further recommend to adopt
Resolution R-133-05, A RESOLUTION AUTHORIZING A
CHANGE IN THE SCOPE OF THE AGREEMENT BETWEEN GRAEF,
ANHALT, SCHLOEMER & ASSOCIATES, INC. AND THE CITY OF
DES PLAINES FOR THE CONSTRUCTION OF A WATER MAIN
ALONG POTTER ROAD. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to authorize Mayor and
City Clerk to execute "Professional Service
Agreement" with Consoer Townsend Envirodyne
Engineers, Inc. , 3 0 3 E. Wacker Drive, Chicago, IL
60601, for land rights, utility relocation, certain
amenities and upgrades in material for the Levee 50
Project; City's 65% cost sharing of the total
project ($68,983) will be $44,838.95/Capital
Projects Fund; and City of Park Ridge's 35% cost
sharing will be $24,144.05; and further recommend to
adopt Resolution R-134-05, A RESOLUTION AUTHORIZING
THE EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT
BETWEEN CONSOER TOWNSEND ENVIRODYNE ENGINEERS, INC.
AND THE CITY OF DES PLAINES FOR DESIGN ENGINEERING
SERVICES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to accept Public
Improvements for Delgado's Seventh Resubdivision,
1460 Wedgewood Avenue, that include a storm sewer,
catch basin and sidewalk; and authorize release of
surety in the amount of $11, 062 (cash warranty of
$1,163 will be held for 18 months); and further
recommend to adopt Resolution R-135-05; A RESOLUTION
APPROVING THE ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
DELGADO'S SEVENTH RESUBDIVISION AT 1460 WEDGEWOOD
AVENUE, DES PLAINES, ILLINOIS. Motion declared
carried
Agenda.
as approved unanimously under Consent
UNDERGROUND
STORAGE TANK
REMOVAL/
2661-75
MANNHEIM:
Consent
Agenda
Resolution
R-136-05
PATIO
VARIATION/
645 w.
MILLERS RD . :
c.o. #4/
SCADA SYSTEM
MAPLE ST. &
CENTRAL RD.
PUMPING
STATIONS:
Consent
Agenda
PURCHASE/
TRAFFIC SPEED
BOARD:
Consent
Agenda
PURCHASE/
CANINE
VEHICLE:
Consent
Agenda
171
9/19/05
PAGE SIX
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to accept proposal from
GSG Consultants, Inc., 855 W. Adams, Suite 200,
Chicago, IL 60607, to provide environmental
engineering services for the removal of two (2)
heating oil underground storage tanks on property
located at 2661-75 Mannheim Road, TIF #6, and report
their findings to the Illinois Environmental
Protection Agency, for an estimated cost of
$6, 990/TIF #6 Funds; and further authorize removal
of the storage tanks by Albrecht Enterprises, Inc.,
1684 E. Oak ton Street, Des Plaines, in the total
amount of $4,200/TIF #6 Funds; and further recommend
to adopt Resolution R-136-05, A RESOLUTION ACCEPTING
THE PROPOSAL AND AUTHORIZING THE EXECUTION OF A
LETTER OF AGREEMENT BETWEEN GSG
AND THE CITY OF DES PLAINES
ENGINEERING SERVICES IN TIF #6.
CONSULTANTS, INC.
FOR ENVIRONMENTAL
carried
Agenda.
as approved unanimously
Motion
under
declared
Consent
Moved by Sayad, seconded by Murphy, to concur with
Staff recommendation to grant request for Variation
to Section 10-1-11 of the Building Code Amendments
to permit construction of an 18' x 19.67' patio in
the rear yard of property located at 645 W. Millers
Road (Code prohibits patios from extending more than
15' from the building foundation) and homeowner
provide updated Plat of Survey. Motion declared
carried.
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to authorize Change Order
#4 to contract with Argon Electric, Inc., 2472 E.
Oakton Street, Arlington Heights, IL 60005, for
Supervisory Control and Data Acquisition (SCADA)
System Upgrade (approved by the City Council on July
6, 2004 in the amount of $527, 495, Change Order #1
and #2 approved by the City Council on June 6, 2005
in the amount of $8,112.27, Change Order #3 approved
by the City Council on June 20, 2005 in the amount
of $5, 502. 58) to install new pressure switches for
monitoring pump discharge pressure at the Maple
Street and Central Road Pumping Stations, in the
amount of $18, 515. 45/Water Funds, for a new total
contract amount of $559.625.30. Motion declared
carried as approved unanimously under Consent
Agenda.
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to authorize purchase of a
replacement Traffic Speed Board from Decatur
Electronics, 715 Bright Street, Decatur, IL 60522,
in the total amount of $7,420/U.S. Customs Assets
Forfeiture Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to authorize purchase
through the Illinois State Bid Program of One ( 1)
2005 Chevrolet Tahoe (police package) to be used as
Canine Vehicle, from Miles Chevrolet, Inc., P.O. Box
3160, 150 W. Pershing Road, Decatur, IL 62524, in
the total amount of $26,865/Illinois Asset
Forfeiture Funds. Motion declared carried as
approved unanimously under Consent Agenda.
POLICE
TRAINING/
SCHOOL OF
STAFF AND
COMMAND:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-61-05
RECAPTURE
AGREEMENT/
1777 CENTRAL:
Consent
Agenda
ORDINANCE
T-10-05
PARKING
RESTRICTION/
WEBSTER LANE:
Consent
Agenda
WARRANT
REGISTER:
CROSS
MERCHANDISING
OF ALCOHOL:
172
9/19/05
PAGE SEVEN
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to authorize payment to
Northwestern University Center for Public Safety-
Business Office, P.O. Box 1409, Evanston, IL 60204,
for one (1) Commander to attend the School of Staff
and Command from September 26, 2005 to December 2,
2005 (fall session) in the amount of $6,018/U.S.
Asset Forfeiture Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Becker, to concur
with Staff recommendation to authorize City Clerk to
advertise for bids for replacement of Salt Storage
Building at the Public Works Facility, 1111 Joseph
Schwab Road, returnable by 3 : O O p. m. , Wednesday,
October 5, 2005. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Becker, to adopt
Ordinance M-61-05, AN ORDINANCE REGARDING THE
CONSTRUCTION OF A MUNICIPAL STORM WATER SEWER ALONG
CENTRAL AVENUE
STREET IN DES
BETWEEN
PLAINES,
SYCAMORE STREET AND CURTIS
ILLINOIS. Motion declared
carried
Agenda.
as approved unanimously under Consent
Moved by Beauvais, seconded by Becker, to adopt
Ordinance T-10-05, AN ORDINANCE AMENDING TITLE 7 I
"MOTOR VEHICLES AND TRAFFIC, II CHAPTER 3 I "STOPPING,
STANDING AND PARKING I II SECTION 3 I "PARKING
PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES
PLAINES CITY CODE. 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
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Christiansen, seconded by Murphy, to
recommend to the City Council approval of the
September 19, 2005, -Warrant Register, in the total
amount of $3,841,427.18; and further recommend that
Resolution R-164-05 be adopted at appropriate time
this evening. Motion declared carried.
LEGAL & LICENSING -Alderman Smith, Chair
Alderman Smith stated that Albertson's (Jewel-Osco)
recently contacted the City regarding the
possibility of changing the liquor license ordinance
to allow cross merchandising of alcohol.
Ms. Connie Zaio, Compliance Manager, Jewel-
Osco/Albertson' s, Inc., 1955 W. North Ave., Melrose
Park, IL 60160, addressed the Committee of the Whole
and answered questions from the Aldermen.
Alderman Becker stated that he is against this
ordinance; this would make alcohol more accessible
to minors; cameras are more prevalent in the liquor
department.
ALCOHOL
(Cont'd.)
COMMITTEE ON
COMMITTEES:
WARRANT
REGISTER:
Resolution
R-164-05
CROSS
MERCHANDISING
OF ALCOHOL:
ADJOURNMENT:
173
9/19/05
PAGE EIGHT
Alderman Murphy stated that this ordinance needs to
be reviewed; what is the minimum square footage?
City Attorney Wiltse stated that he recommends that
the cross merchandising ordinance only be available
to stores over a minimum square footage.
Moved by Beauvais, seconded by Christiansen, to
recommend to the City Council that City Attorney be
authorized to prepare ordinance regarding cross
merchandising of alcohol for beer and wine only and
investigate and suggest a minimum square footage and
any other changes. Motion declared carried.
Alderman Becker voted no.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
It was the consensus of the Aldermen
reorganize the Council committees on
October 19, 2005 at 7:00 p.m. in Room 101.
to meet to
Wednesday,
Moved by Sayad, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-164-05, 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: $3, 841, 427 .18. Upon
roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Moved by Smith, seconded by Christiansen, to concur
with recommendation of Committee of the Whole that
City Attorney be authorized to prepare ordinance
regarding cross merchandising of alcohol for beer
and wine only and investigate and suggest a minimum
square footage and any other changes. Motion
declared carried. Alderman Becker voted no.
Moved by Becker,
regular meeting of
declared carried.
seconded by Beauvais, that the
the City Council adjourn. Motion
Meeting adjourned at 8:48 p.m.
// ,--\
CITY CLERK
APPROVED BY ME THIS
DAY OF
MAYOR