11-21-2005-
197
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, NOVEMBER 21, 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, November 21, 2005.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Becker, Smith and Argus.
Aldermen Murphy, Sayad and Brookman were absent.
Alderman Brookman arrived in Executive Session at 6:02
p.m. Alderman Murphy arrived at 7:00 p.m.
Also present were: City Manager Niemeyer, Director of Finance Egeberg,
Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley,
Director of Public Works Dusckett, Director of Community & Economic
Development Bleuher, Assistant City Attorney Bartel and City Attorney
Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PROCLAMATION:
CITIZEN
PARTICIPA. :
Moved by Christiansen, seconded by Beauvais, to go into
Executive Session to discuss acquisition of real property
and pending litigation. Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 3-Murphy, Sayad, 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 the following aldermen present:
Beauvais, Christiansen, Murphy, Brookman, Becker, Smith,
Argus.
The opening prayer was given by Janet Wright, 1st Reader
of the Christian Science Society, followed by the Pledge
of Allegiance.
Mayor Arredia read a proclamation honoring
Firefighter/Paramedic Wayne Hoffman for going "above and
beyond" when he stopped to assist a motorist on the I-294
Tollway who had been injured in a vehicle accident. The
motorist, Andrea Groodman, expressed her appreciation to
Firefighter Hoffman for his kind and caring assistance.
Mayor Arredia read a proclamation honoring Alice Martens
Chermak as she celebrates her lOOth birthday.
Mr. Ted Sherwood, 675 Pearson Street, addressed the City
Council on behalf of the many people who live in condos;
the declarations and by-laws of condo associations can
only be amended by 100% agreement of the homeowners; he
never received his copy of the declaration and by-laws
for his condo association until the day he moved in; if
he had known what they contained, he would never have
moved there; dogs are allowed -he doesn't like dogs;
renters are allowed -he doesn't think the units should
be rented; we need the City's help in changing the law
to not require 100% agreement. Mayor Arredia requested
a meeting be held with him, Aldermen Beauvais and Argus
and Mr. Sherwood to see what assistance can be given.
ACQUIS. OF
REAL PROP./
1300 s.
JEFFERSON &
1300 MINER:
PENDING
LITIGATION/
CITY v.
RED ELLA
(TRAILSIDE) :
PENDING
LITIGATION/
INFRASTRUCT.
MAINTENANCE
FEE:
CROSS
MERCHANDISING
OF ALCOHOL:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
DISANNEX. OF
O'HARE
STREETS -
PHASE "B":
Consent
Agenda
Ordinance
A-2-05
PAGE TWO
198
11/21/05
Moved by Becker, seconded by Brookman, to concur with
consensus in Executive Session that the City not acquire
the properties at 1300 S. Jefferson Street and 1300 Miner
Street for redevelopment. Motion declared carried.
Moved by Becker, seconded by Smith, to concur with
consensus in Executive Session that Staff be authorized
to contact the defendants' attorney regarding the City's
rejection of their offer to settle the case of City v.
Redella, and require the removal of the speed bumps
placed on Trailside Lane. Motion declared carried.
Moved by Becker, seconded by Brookman, to concur with
consensus in Executive Session to authorize payment of
$37,023.45 in final settlement of the Municipal
Infrastructure Maintenance Fee imposed on PrimeCo/US
Cellular sub class litigation in Case 98 CH 5500. Upon
roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
Moved by Murphy,
until December 5,
of Alcohol and
discussed under
meeting. Motion
seconded by Christiansen, to POSTPONE
2005, the matter of Cross Merchandising
Ordinance M-74-05, scheduled to be
Committee of the Whole later in the
declared carried.
Alderman Becker requested that Item 16 be removed from
the amended Consent Agenda.
Moved by Becker, seconded by Murphy,
Consent Agenda except for Item 16.
carried.
to establish a
Motion declared
Moved by Brookman, seconded by Christiansen, to approve
the Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinance M-
72-05 was adopted; Ordinances A-2-05 and M-73-05 were
placed on First Reading; and Resolutions R-169-05, R-170-
05 and R-171-05 were adopted.
Moved by Brookman, seconded by Christiansen, to approve
minutes of the regular meeting of the City Council held
November 7, 2005, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to approve
minutes of Executive Session of the City Council held
November 7, 2005. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to approve dis annexing of Phase
B Territory (area west of the railroad tracks along the
common boundary line between Des Plaines and Chicago) for
O'Hare area streets, water connection service and other
related issues, to the City of Chicago for the amount of
$200,000 (Phase A disannexation was approved by the City
Council on October 3, 2005 -Ordinance A-1-05 for the
amount of $600, 000); and further recommend to adopt
Ordinance Z-2-05, PHASE B DISCONNECTION AND EXCLUSION
ORDINANCE DIS-ANNEXING AND EXCLUDING CERTAIN TERRITORY
IN THE CITY OF DES PLAINES. Motion declared carried as
approved unanimously under Consent Agenda.
LIQ. LIC.
CLASIFICA.
UPDATE:
Consent
Agenda
Ordinance
M-73-05
2005
PROPERTY
TAX LEVY
NOTICE:
Consent
Agenda
Resolution
R-169-05
CONTRACTS/
2005-06
NEW YEAR'S
EVE
CELEBRATION:
Consent
Agenda
Resolution
R-170-05
UNDERGROUND
STORAGE TANK
REMOVAL/
2661-75
MANNHEIM
TIF #6
Consent
Agenda
Resolution
R-171-05
PAGE THREE
199
11/21/05
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to amend Title 4, Chapter 4 -
"Intoxicating Liquors," Section 4-4-5 to delete one (1)
Class A Tavern Liquors Dealers License (previous owner
for property located at 1881 Oakton Street) and add one
(1) Class E Restaurant and Dining Room Liquor License
(present owner for property located at 1881 Oakton
Street) -HOUSEKEEPING ACTION; and further recommend to
place on First Reading Ordinance M-73-05, AN ORDINANCE
AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4
"INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND
NUMBERS," OF THE DES PLAINES CITY CODE TO DELETE ONE
CLASS A LIQUOR LICENSE AND ADD ONE CLASS E LIQUOR
LICENSE, CHANGING THE CLASSIFICATION, FOR LAM'S PLACE,
AT 1881 OAKTON STREET, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation that pursuant to the Cook
County Truth In Taxation Act, the public is hereby
notified that the City intends to consider a 2005
Property Tax Levy of 4.3% or $23,071,616, and a public
hearing will be held on this matter on December 5, 2005;
and further recommend to adopt Resolution R-169-05, A
RESOLUTION OF THE CITY COUNCIL TO NOTIFY THE PUBLIC THAT
IT INTENDS TO HAVE A 2005 PROPERTY TAX LEVY. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation that Mayor and City Clerk be
authorized to execute two (2) "Agreement for Services"
with Woolson Production Group, 1739 Chestnut Avenue,
Building #5, Glenview, IL 60025, to provide DJ music and
diamond drop countdown, in the amount of $4, 500; and
stage display in the amount of $1,500; for a total amount
of $5,500/Budgeted Funds; for the New Year's Eve
Celebration on December 31, 2005; and further recommend
to adopt Resolution R-170-05, A RESOLUTION AUTHORIZING
CONTRACTS BETWEEN WOOLSON PRODUCTION GROUP AND THE CITY
OF DES PLAINES FOR DJ MUSIC, A DIAMOND DROP COUNTDOWN AND
A STAGE DISPLAY SECTION FOR THE NEW YEAR'S EVE 2005-2006
FESTIVITIES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, 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 three (3) additional heating oil
underground storage tanks on property located at 2661-75
Mannheim Road, TIF #6 (removal of two (2) tanks was
previously approved by the City Council on September 19,
2005 in the amount of $6,990), and report their findings
to the Illinois Environmental Protection Agency, for an
estimated cost of $9,650/TIF #6 Funds; and further
authorize removal of the storage tanks by Albrecht
Enterprises, Inc., 1684 E. Oakton Street, Des Plaines,
at a cost of $2,100 per tank, with soil removal at $36.75
per ton and fill replacement at $12.50 per ton/all from
TIF #6 Funds; and further recommend to adopt Resolution
R-171-05, A RESOLUTION ACCEPTING THE PROPOSAL AND
AUTHORIZING THE EXECUTION OF A LETTER OF AGREEMENT
BETWEEN GSG CONSULTANTS, INC. AND THE CITY OF DES PLAINES
FOR ENVIRONMENTAL ENGINEERING SERVICES IN TIF #6. Motion
declared carried as approved unanimously under Consent
Agenda.
PURCHASE OF
MICROPHONES/
POLICE CARS:
Consent
Agenda
PURCHASE OF
TAPED TELE.
LINES/POLICE
DEPARTMENT:
Consent
Agenda
PAYMENT/
RACIAL
PROFILING
DATA LICEN. :
Consent
Agenda
c.o. #6 & #7/
SCADA SYSTEM
MAPLE ST. &
CENTRAL RD.
PUMP. STA. &
TANK SITES:
Consent
Agenda
PATIO
VARIATION/
695 DULLES,
UNIT A:
Consent
Agenda
PATIO
VARIATION/
695 DULLES,
UNIT B:
Consent
Agenda
PAGE FOUR
200
11/21/05
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to approve purchase of 18
wireless microphones in conjunction with in-car video
systems for marked patrol vehicles from Kustom Signals,
Inc., P.O. Box 411882, Kansas City, MO 64141, in the
total amount of $10,990/U.S. Customs Asset Forfeiture
Funds (no cost to the City). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to approve purchase and
installation of taped telephone lines for non-emergency
calls to the Police Department's complaint desk and watch
commander's office from NICE Systems, Inc., P. 0. Box
9421, Uniondale, NY 11555; in the total amount of
$11,548.06/Budgeted Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to approve payment to Advanced
Public Safety, 500 Fairway Drive, Suite 204, Deerfield
Beach, FL 33441, for racial profiling licensing agreement
in the amount of $5,369.85/Budgeted Funds, for Racial
Profiling Data Collection Program as mandated by the
State of Illinois (purchase of software/printers were
approved by the City Council on April 5, 2004 in the
amount of $39,271.25/U.S. Customs Asset Forfeiture
Funds). Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to approve Change Orders #6 and
#7 to contract with Argon Electric Company, 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, Change Order
#4 approved by the City Council on September 19, 2005 in
the amount of $18,515.45, Change Order #5 approved by the
City Council on October 3, 2005 in the amount of
$12,758.49) for additional electrical components, timers
and switches at Maple Street and Central Road Pumping
Stations and all Tank Sites, in the amount of $12,464.71
for Change Order #6 and $14,158.89 for Change Order
#7/all funds from Water Budget; for a new total contract
amount of $599,007.39. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to grant request for Variation
to Section 10-1-11 of the Building Code Amendments for
property located at 695 Dulles Road, Unit A, to permit
construction of a 10.8' x 23' patio that would come to
be zero (0) feet from the property line (Code prohibits
patios from extending into the 5' side yard setback.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to grant request for Variation
to Section 10-1-11 of the Building Code Amendments for
property located at 695 Dulles Road, Unit B, to permit
construction of a 10.8' x 23' patio that would come to
be zero (0) feet from the property line (Code prohibits
patios from extending into the 5' side yard setback.
Motion declared carried as approved unanimously under
Consent Agenda.
BID AWARD/
SALT STORAGE
BUILDING AT
PUB. WORKS:
Consent
Agenda
ORDINANCE
M-72-05
ADMINISTRA.
APPROVAL/
LICENSE
AGREEMENTS:
Consent
Agenda
c.o. #2/
POST OFFICE
BUILD OUT
684 LEE ST.:
PAGE FIVE
201
11/21/05
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to accept single bid received
on October 11, 2005 for replacement of Salt Storage
Building at the Public Works Facility, 1111 Joseph Schwab
Road, from Dome Corporation of North America, 5450 East
Street, Saginaw, MI 48601, at the Alternate #2 bid amount
of $393,800/MFT Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to adopt
Ordinance M-72-05, AN ORDINANCE AMENDING TITLE 8, "PUBLIC
WAYS AND PROPERTY," CHAPTER 5, "RIGHT OF WAY LICENSE
AGREEMENT," OF THE CITY OF DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Alderman Becker stated that he removed this matter from
the amended Consent Agenda because some of these items
should be the responsibility of the property owner;
structural changes are not ours.
Moved by Smith, seconded by Beauvais, to concur with
Staff recommendation to approve Change Order #2 to
contract with Charter Construction Company, 3550 Salt
Creek Lane, Suite 116, Arlington Heights, IL 60005, for
the interior build out of the post office facility on
property located at 684 Lee Street (approved by the City
Council on August 1, 2005 in the amount of $222, 546;
amount originally approved by the City Council in
Executive Session on March 15, 2004 was $288,000; Change
Order #1 approved by the City Council on October 17, 2005
in the amount of $21,092.50); for relocation of plumbing
fixtures in the amount of $6,399.10 for a total build out
cost of $302,371.60 ($14,371.60 over the maximum amount
approved by the City Council on March 15, 2004). Upon
roll call, the vote was:
AYES: 3-Beauvais, Christiansen, Smith
NAYS: 4-Murphy, Brookman, Becker, Argus
ABSENT: 1-Sayad
MOTION DECLARED FAILED.
Moved by Becker, seconded by Brookman, that Staff be
authorized to take this matter back to the current
landlord to review the contract, plans, drawings.
Moved by Beauvais, seconded by Christiansen, adopt a
substitute motion to approve Change Order #2 to contract
with Charter Construction Company for the interior build
out of the post office facility on property located at
684 Lee Street, and Staff be authorized to meet with all
parties to review the contract and any possible future
change orders. Upon roll call, the vote was:
AYES: 4-Beauvais, Christiansen, Smith, Argus
NAYS: 4-Murphy, Brookman, Becker, Arredia
ABSENT: 1-Sayad
MOTION DECLARED FAILED (a tie vote is a failed vote).
Upon roll call on Alderman Becker's motion, the vote was:
AYES: 3-Murphy, Brookman, Becker
NAYS: 4-Beauvais, Christiansen, Smith, Argus
ABSENT: 1-Sayad
MOTION DECLARED FAILED.
Moved by Beavvais, seconded by Brookman, to POSTPONE
until December 5, 2005, further discussion on Change
Order #2 to contract with Charter Construction Company
for the interior build out of the post office facility
on property located at 68 4 Lee Street and, in the
meantime, Staff be authorized to meet with all parties
to review the contract, plans, drawings and any possible
future change orders. Upon roll call, the vote was:
POST OFFICE
(Cont'd. )
REAPPOINT-
MENT:
WARRANT
REGISTER:
2006
CAPITAL
IMPROVEMENT
PROGRAM
(CIP) :
ORDINANCE
M-69-05 -
AS AMENDED
PARKING
FINES/FIRE
DEPARTMENT:
ORDINANCE
Z-27-05 -
AS AMENDED
TEXT. AMEND./
PUD MINOR
CHANGE
APPROVAL:
PAGE SIX
AYES: 6-Beauvais, Christiansen, Murphy,
Brookman, Becker, Argus
NAYS: 1-Smith
ABSENT: 1-Sayad
Motion declared carried.
202
11/21/05
Presented for consideration (no action required) was the
Mayoral reappointment of George Prosiliakos to the
ARCHITECTURAL COMMISSION (final action on this matter
under Consent Agenda on December 5, 2005).
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Smith, Vice Chair
Moved by Christiansen, seconded by Becker, to recommend
to the City Council approval of the November 21, 2005 -
Warrant Register, in the total amount of $7,453,958.21;
and further recommend that Resolution R-1 72-05 be adopted
at appropriate time this evening. Motion declared
carried.
ENGINEERING -Alderman Argus, Chair
Director of Engineering Oakley gave a PowerPoint
presentation of the 2006 Capital Improvement Program as
recommended by the Engineering Department which includes
streets, sidewalks, sewers and infrastructures in the
amount of $7,390,350; funds to come from Capital Projects
fund, Motor Fuel Tax ad Water Fund.
Moved by Beauvais, seconded by Becker, to concur with
Staff recommendation and recommend to the City Council
to approve the 2006 Capital Improvement Program (CIP) in
the amount of $7,390,350. Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Christiansen, seconded by Murphy, to adopt
Ordinance M-69-05 -AS AMENDED/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.
Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Sayad
Motion declared carried.
Moved by Becker, seconded by Christiansen, to adopt
Ordinance Z-27-05 -AS AMENDED/AN ORDINANCE AUTHORIZING
A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE,
SECTION 3.5-7, "CHANGES IN THE PLANNED UNIT DEVELOPMENT
AFTER APPROVAL." Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Sayad
Motion declared carried.
WARRANT
REGISTER:
Resolution
R-172-05
2006
CAPITAL
IMPROVEMENT
PROGRAM
(CIP) :
ADJOURNMENT:
PAGE SEVEN
203
11/21/05
Moved by Smith, seconded by Brookman, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-172-05, 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:
$7,453,958.21. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
Moved by Argus, seconded by Beauvais, to concur with
recommendation of Committee of the Whole to approve t he-
2006 Capital Improvement Program (CIP) in the amount of
$7,390,350. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Sayad
Motion declared carried.
Moved by Christiansen, seconded by Beauvais, that the
regular meeting of the City Council adjourn. Motion
declared carrie~~ned at 8:30 p.m.
Donna McAllister, MMC CITY CLERK
APPROVEf1Y ME THijl ____ l 3 __ _
DAY OF ~ , 2005
Anthony ~YO;