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05-01-2006001 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, MAY 1, 2006 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, May 1, 2006. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus. Alderman Smith arrived in Executive Session at 6:30 p.m. Also present were: City Manager Niemeyer, Interim Director of Finance Simpson, Police Chief Prandini, Deputy Police Chief Schneider, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Bleuher, Deputy Director of Community & Economic Development Angell, Assistant City Manager /Director of Human Resources Baj or, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: CITIZEN PARTICIPA. : Moved by Brookman, seconded by Sayad, to go into Executive Session to discuss collective bargaining and personnel. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Argus NAYS: 0-None ABSENT: 1-Smith Motion declared carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:10 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Reverend Dr. Daryl Merrill, Jr., Christians Life Church. Mayor Arredia, along with Aldermen Sayad and Argus, introduced Coach Segal of the Elk Grove High School Cheerleading Team who, in turn, introduced the team who just won the Illinois State Cheerleading Championship. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he recently met the first declared candidate for the position of Mayor of Chicago; this candidate stated that he is in favor of term limits because of corruption. Ms. Debra Walusiak, Community Resource Director for the Self-Help Closet and Food Pantry of Des Plaines, addressed the City Council who, along with representatives of the Des Plaines Post Office, encouraged residents to participate in the 14th Annual Des Plaines Letter Carriers Food Drive to be held Saturday, May 13, 2006; please leave food by your door to be picked up by the letter carriers for the less fortunate of Des Plaines. Mr. Eugene Cohn, managing partner of Maine Scrap Metal LLC, 1274 Rand Road, addressed the City Council stating that they have been in business for over 40 years; people enjoy doing business with them; please reconsider what you are planning to do in the five (5) corners area; he presented petitions with 200 additional signatures. ~ CITIZENS (Cont'd.) COLLECTIVE BARGAINING/ MAP CHAPTER #240: Resolution R-66-06 Ordinance M-17-06 COLLECTIVE BARGAINING/ MAP CHAPTER #282: Resolution R-67-06 Ordinance M-18-06 PAGE TWO 002 5/1/06 Hank, a representative of a business at 1413 Redeker Road, addressed the City Council stating that he is also right in the middle of the five ( 5) corners area; 90 businesses are located in that area; we support business in Des Plaines; if you put in a large retailer, it will put us out of business; measure the success of your other TIFs. Mr. Scott Olson, 285 Harding Avenue, addressed the City Council stating that he is an employee of Geiser-Berner Plumbing Heating & Air Conditioning, 14 84 Rand Road; there have been many businesses displaced in other TIFs and not relocated; why does the City think developers will want our property; these businesses have faithfully paid their taxes over the years; small businesses have been the backbone of our City for a long time. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that Maine Scrap Metal has been a good business over the years; we don't have another place to take our scrap in Des Plaines; many communities wish they had a place to take their scrap metal. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he has heard a lot of discussion about the five (5) corners; there should be a referendum to see how the residents feel about this issue; the deadline is August 29th; he encourages business owners to get organized and get a referendum on this matter. Moved by Beauvais, seconded by Christiansen, to concur with majority agreement in Executive Session to ratify the collective bargaining agreement with MAP (Metropolitan Alliance of Police) -Chapter #240, for a period of three (3) years and eight (8) months beginning May 1, 2004 through December 31, 2007; Mayor and City Clerk be authorized to execute same; and adopt Resolution R-66-06, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE METROPOLITAN ALLIANCE OF POLICE, DES PLAINES POLICE CHAPTER #240. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with majority agreement in Executive Session to place on First Reading Ordinance M-17-06, the Compensation Plan for MAP Chapter #240. Motion declared carried. Alderman Argus voted no. Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-17-06, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 B., "ADOPTION OF COMPENSATION PLAN," SCHEDULE I-B "PUBLIC- SAFETY PERSONNEL (POLICE) UNION" OF THE CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Murphy, to concur with majority agreement in Executive Session to ratify the collective bargaining agreement MAP (Metropolitan Alliance of Police) -Chapter #282, for a period of two (2) years and eight (8) months, beginning May 1, 2005 through December 31, 2007; Mayor and City Clerk be authorized to execute same; and adopt Resolution R-67-06, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT W~ MAP #282 (Cont'd.) ZONING CASE 06-16-PUD/ REZONING & PRELIMINARY PUD & PLAT: ORDINANCE M-14-06 LIQ. LIC./ 570 OAKTON: CONSENT AGENDA: MINUTES: Consent Agenda SPECIAL SVS. AREA #8/ CRABTREE LN . : Ordinance M-19-06 PAGE THREE 003 5/1/06 THE METROPOLITAN ALLIANCE OF POLICE, DES PLAINES CIVILIAN CHAPTER #282. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Sayad, to concur with majority agreement in Executive Session to place on First Reading Ordinance M-18-06, the Compensation Plan for MAP Chapter #282. Motion declared carried. Alderman Argus voted no. Moved by Beauvais, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-18-06, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 B., "ADOPTION OF COMPENSATION PLAN," SCHEDULE I-C "PUBLIC- SAFETY PERSONNEL -EMERGENCY COMMUNICATIONS -UNION" OF THE CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Sayad, to POSTPONE until June 5, 2006, the matter of Zoning Case 06-16-PUD, 2811- 2845 S. Mannheim Road, and Ordinances Z-19-06 and Z-20- 06, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Moved by Murphy, seconded by Christiansen, to POSTPONE until June 5, 2006, the approval of Ordinance M-14-06, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE FOR X.S. LIQUORS, INC., D/B/A X.S. LIQUORS, LOCATED AT 570 EAST OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried. Alderman Beauvais requested that Items 2 and 2a be removed from the Consent Agenda; and City Manager Niemeyer requested that Items 9 and 9a be removed. Moved by Murphy, seconded by Sayad, to establish a Consent Agenda except for Items 2, 2a, 9 and 9a. Motion declared carried. Moved by Sayad, seconded by Smith, to approve the Consent Agenda. 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. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-16-06 was adopted; Ordinances M-20-06, M-21- 06 and M-22-06 were placed on First Reading; and Resolutions R-68-06, R-69-06, R-70-06, R-71-06, R-73-06, R-74-06 and R-75-06 were adopted. Moved by Sayad, seconded by Smith, to approve minutes of the regular meeting of the City Council held April 17, 2006, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to POSTPONE until June 5, 2006, discussion on the request for a Special Service Area #8 on Crabtree Lane and Ordinance M-19-06. Motion declared carried. PUBLIC PASSENGER VEHICLE STANDING- PARKING TIMES: Consent Agenda Ordinance M-20-06 ALLEYS REPAVING, RESURFACING, RECONSTRUC. & SUBDIVISION REQUIREMENT: Consent Agenda Ordinance M-21-06 Ordinance M-22-06 TIME EXTEN./ FINAL PLANS, 2077 DEMPSTER: Consent Agenda Resolution R-68-06 ADDITIONAL ENGRG. SVS./ 2005 CIP - CONTRACT D, AREA #4: Consent Agenda Resolution R-69-06 PAGE FOUR 004 5/1/06 Moved by Sayad, seconded by Smith, to concur with Staff recommendation to amend Title 4, Chapter 12 -"Public Passenger Vehicles," Section 4-12-10 of the City Code to prohibit public passenger vehicles (taxi cabs and limousines) to stand or park on private property or in a parking lot which is located on the same premises as a grocery store, delicatessen or convenience food store for a period longer than ten (10) minutes; and further prohibit public passenger vehicles to stand or park in a parking lot which is located on the same premises as a restaurant with drive-up facilities for a period longer than fifteen (15) minutes; and further recommend to place on First Reading Ordinance M-20-06, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 12, "PUBLIC PASSENGER VEHICLES," SECTION 10, "PROHIBITED ACTS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to amend Title 8, Chapter 1 -"Streets and Sidewalks" of the City Code to add a new Section 8-1-12 - "Alley: Repaving, Resurfacing and Reconstruction;" and amend Title 13, Chapter 3 -"Subdivision Regulations" to add a new Section 13-3-2-2K -"Additional Improvements Within City Limits" to provide that a developer or builder of a multi-family, apartment, townhome or condominium building may be required to repave, resurface or reconstruct the alley; and further recommend to place on First Reading: Ordinance M-21-06, AN ORDINANCE AMENDING TITLE 8, "PUBLIC WAYS AND PROPERTY," CHAPTER 1, "STREETS AND SIDEWALKS," BY ADDING SECTION 12, "ALLEYS: REPAVING, RESURFACING AND RECONSTRUCTING," OF THE DES PLAINES CITY CODE; and Ordinance M-22-06, AN ORDINANCE AMENDING TITLE 13 , "SUBDIVISION REGULATIONS," CHAPTER 3, "DESIGN IMPROVEMENTS," SECTION 2, "ADDITIONAL IMPROVEMENTS WITHIN CITY LIMITS," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to grant request for third extension of time of Conditional Use (approved by the City Council on May 5, 2003 -Ordinance Z-10-03; extended through May 8, 2005 by Resolution R-63-04 on May 17, 2004; and extended through May 8, 2006 by Resolution R-72-05 on May 16, 2005); for submission of construction plans for financial institution and drive-through facility on property located at 2077 Dempster Street; extension to be from May 9, 2006 through May 8, 2007; and further recommend to adopt Resolution R-68-06, A RESOLUTION GRANTING AN EXTENSION OF ONE YEAR FOR THE CONDITIONAL USE AND SUBMITTAL OF CONSTRUCTION PLANS FOR THE CONDITIONAL USE PERMIT GRANTED BY ORDINANCE Z-10-03 FOR THE PROPERTY COMMONLY KNOWN AS 2077 DEMPSTER STREET, DES PLAINES (Case 02-72-CU) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Supplemental Agreement" to contract with Homer Chastain & Associates, 8609 W. Bryn Mawr Avenue, Chicago, IL 60631 (approved by the City Council on May 16, 2005 -Resolution R-80-05, to perform Construction Engineering Services during the 2005 CIP -Contract D, Storm Water Master Plan Area #4 Project at a cost of $129, 626.80); for additional construction engineering services to complete the project due to the contract being behind schedule, in the amount of $30,000/funding from liquidated damages assessed to contractor (no cost to the City); and further recommend to adopt Resolution R-69-06, A RESOLUTION AUTHORIZING AN INCREASE IN THE CONSTRUCTION ENGINEERING SERVICES CONTRACT WITH HOMER CHASTAIN & ASSOCIATES IN THE CITY OF DES PLAINES OF $30, 000. Motion declared carried as approved unanimously under Consent Agenda. ~ AMENDED SPONSORSHIP AGREEMENT/ FLOOD CONTROL PROJECT LEVEE 50: Consent Agenda Resolution R-70-06 METRA PLATFORM RECONSTRUC./ BRICK PAVERS: Consent Agenda Resolution R-71-06 RENEWAL AGREEMENT/ BUS SHELTER ADVERTISING: Resolution R-73-06 IDNR GRANT AGREEMENT/ LEVEE 50, PHASE III PROJECT: Consent Agenda Resolution R-74-06 PAGE FIVE 005 5/1/06 Moved by Sayad, seconded by Smith, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Amendment Number One" to Sponsorship Agreement between the City, City of Park Ridge and the Illinois Department of Natural Resources (approved by the City Council on July 21, 1997 -Resolution R-33-97, for the Des Plaines River/Rand Park Flood Control Project - Levee 50), which provides a mechanism by which the Cities will pay for the land rights, utility relocation components of the construction and the discretionary components of the project; local cost for the land rights/utility relocation components to be shared as follows: City -65% or $256,750 and City of Park Ridge - 35% or $138,250; local cost of the discretionary components of the construction in the amount of $192,026 to be borne by the City was previously approved by the City Council on January 3, 2006; and further recommend to adopt Resolution R-70-06, A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE TO THE SPONSORSHIP AGREEMENT BETWEEN THE CITIES OF DES PLAINES AND PARK RIDGE AND THE STATE OF ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE DES PLAINES RIVER/RAND PARK FLOOD CONTROL PROJECT (LEVEE 50). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Proposal Letter' from Metra, 547 W. Jackson Blvd., Chicago, IL 60661, to reconstruct the north platform at the Des Plaines Train Station between Lee Street and Pearson Street with brick pavers to match the Miner Street and Ellinwood Street pattern; Union Pacific Railroad to provide the labor and the City will pay for the material in the amount of $15,342.80/TIF #1 Funds; and further recommend to adopt Resolution R-71-06, A RESOLUTION ACCEPTING THE PROPOSAL FROM UNION PACIFIC RAILROAD COMPANY FOR THE INSTALLATION OF BRICK PAVERS ON THE NORTHERN PLATFORM IN DOWNTOWN DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith, to POSTPONE until June 5, 2006, the "Renewal Agreement" with Illinois Convenience & Safety Corporation for advertising bus shelters in the City and Resolution R-73-06. Motion declared carried. Moved by Sayad, seconded by Smith, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Grant Agreement Contract #216" with Illinois Department of Natural Resources ( IDNR) to accept the balance of the Build Illinois Funds in the amount of $123,597 (original agreements approved by the City Council on December 20, 1999 -Resolution R-90-99 and on August 21, 2000 -Resolution R-59-00); for reimbursement of land rights and partial building demolition costs on the Levee 50, Phase III Project; and further recommend to adopt Resolution R-74-06, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES FOR THE CITY'S ACCEPTANCE OF BUILD ILLINOIS FUNDS FOR THE RAND PARK FLOOD CONTROL PROJECT AND THE REHABILITATION OF PRAIRIE CREEK AND FARMERS CREEK AND RESTORATION OF AREAS OF PRAIRIE CREEK AND FARMERS CREEK. Motion declared carried as approved unanimously under Consent Agenda. DESIGN SVS./ 2006 EMERG. VEHICLE PRE-EMPTION SYSTEMS: Consent Agenda Resolution R-75-06 PHASE I AND PHASE II ENVIRON. SITE ASSESSMENTS/ 2985 MANNHEIM, TIF #6: Consent Agenda LIQ. LIC. CHANGE OF OWNERSHIP/ 1440 OAKTON: Consent Agenda PATIO VARIATION/ 1071 s. SECOND AVE. : Consent Agenda PATIO VARIATION/ 419 s. WARRINGTON: Consent Agenda PATIO VARIATION/ 1150 KYLEMORE DR . : Consent Agenda BID AWARD/ EXTERNAL DEFIBRILLA . , FIRE DEPT.: Consent Agenda PAGE SIX 006 5/1/06 Moved by Sayad, seconded by Smith, to concur with Staff recommendation to accept proposal from Metro Transportation Group, Inc., 3100 W. Higgins Road, Suite 100, Hoffman Estates, IL 60195, to perform Design Services and Permitting for 2006 Emergency Vehicle Pre- Emption Systems at eight ( 8) locations throughout the City, at a cost not-to-exceed $10,500/2006 CIP Funds; and further recommend to adopt Resolution R-75-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ACCEPTING THE PROPOSAL BY METRO TRANSPORTATION GROUP, INC. TO DESIGN EMERGENCY VEHICLE PRE-EMPTION SYSTEMS AT EIGHT LOCATIONS THROUGHOUT THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to authorize amendment to contract with Gabriel Environmental Consults, 1421 N. Elston Avenue, Chicago, IL 60 622, to perform Phase I and Phase I I Environmental Site Assessments for 2985 Mannheim Road (AC Pavement Striping) and 3036 Orchard Place (Ace Rental Car) , TI F # 6, (approved by the City Counci 1 on January 17, 2006 -Resolution R-7-06 and Resolution R-8-06, in the total amount of $10, 667. 12) ; for additional site assessment at 2985 Mannheim Road, in the amount of $7, 750; bringing the total contract amount to $18, 417 .12; to be reimbursed under the City's $240, 000 Municipal Brownfield Redevelopment Grant. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to grant request for Change of Ownership of Class B Bulk Sales Dealers Liquor License for property located at 1440 Oakton Street, d/b/a Packy's Liquor Store; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments to permit construction of a patio in the rear yard of property located at 1071 S. Second Avenue, 28' from the building foundation and approximately 25' wide (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments to permit construction of a patio in the rear yard of property located at 419 S. Warrington Road, 27' from the building foundation and approximately 20' wide (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments to permit construction of a patio in the rear yard of property located at 1150 Kylemore Drive, 30' from the building foundation and approximately 42' wide (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to award bid for Six (6) Zoll AED Plus Automated External Defibrillators to the lowest bidder, Dixie Medical, Inc., P.O. Box 969, Franklin, TN 37065, in the total bid amount of $8,670/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ UNIFORM RENTAL, PUB. WORKS: Consent Agenda BID AWARD/ FENCE INSTALLATION: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENTS: Consent Agenda ORDINANCE M-16-06 SALE OF CITY PROPERTY/ NWMC AUCTION: Consent Agenda APPOINTMENTS: FEASIBILITY STUDY FOR TIF DISTRICT/ RIVIERA RESIDENTIAL PROJECT, 1050 OAKTON: PAGE SEVEN 007 5/1/06 Moved by Sayad, seconded by Smith, to concur with Staff recommendation to award bid for Uniform Rental to Lechner & Sons, 420 Kingston Court, Mt. Prospect, IL 60056, for a Year One annual cost of $11,864.06, Year Two annual cost of $11,845.86 and Year Three annual cost of $11,845.86/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to award bid for installation of fencing at three ( 3) City locations: Oakton Street retention pond, employee parking lot behind City Hall and a tide gate outfall on Joseph Schwab Road as part of the Levee 50 Project, to the second lowest bidder, Built Best Fence, Inc., d/b/a BBF Erectors, Inc., 615 W. Factory Road, Addison, IL 60101, in the total bid amount of $68,996/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Disposal of Aggregate Materials, returnable by 3:00 p.m., Tuesday, May 23, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Purchase of Motorola Mobile and Portable Radios for Fire Department, returnable by 3:00 p.m., Wednesday, May 17, 2006. Motion declared carried as approved unanimously under Consent Agenda. ~ Moved by Sayad, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Purchase of Draeger Breathing Apparatus Components, returnable by 3:00 p.m., Wednesday, May 17, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to approve Mayoral appointments to the YOUTH COMMISSION OF Eileen and Tim Finnander, terms to expire December 1, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to adopt Ordinance M- 16-0 6, 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 Beauvais, seconded by Murphy, to waive the two (2) week waiting period and approve Mayoral appointments to the FIREFIGHTER'S PENSION BOARD of Susan Pekoe, term to expire May 1, 2007, and Nick Chiaro, term to expire May 1, 2008. Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker stated that Nick Michell of the Riviera Project is requesting that a feasibility study be done to determine whether a TIF District could be created for this project at 1050 Oakton Street; Mr Mjchell said ft€ wQ.l.lJ d pa¥ tlA.r co2t at the tea2ibility sti1d11 at $1 a, o..oo, ~eltidiR~ leejal anel Btirve,if'l~ fooo; ai;id al so Ph~I ( :~::~£ dll additieFtal lllClXillllllll GSB'B sf $4Q 1 QO.Q.,. "' A'\{ENDM..ENT Page 7 under "PEASIBILITY STUDY FOR TIF DISTRICT/RIVIERA RESIDEN1rik1.. PROJECT, 1050 Oakton, 11 :r..Jine Four after th<~ semicolon to the end of the sente~ce, ~.!:...~~~~ that language and ~~~~ HMr . Mitchell said he would pay all costs and expP-nses for a Phase I Feasibility Study to be conducted by Kane, ?:icKenna & Associates, Inc . , including any legal and ;:~urvey­ ing fees which may be necessary. Alderman Becker further stated that it is the Community Development Committee's recommendation to approve the Phase I Feasibility Study being conducted at Mr. Mitchell and Faithful Works LLC/ Riviera Retirement Resort's cost and expense." 1050 OAKTON (Cont'd. ) PAGE EIGHT 008 5/1/06 Petitioner Nick Mitchell, Attorney Paul Shadle, DLA Piper Rudnick Gray Cary US LLP, 203 N. LaSalle Street, Suite 1900 Chicago, IL 60601, and financial advisor, Michael S. Laube, NexGen Advisors, 125 S. Wacker Drive, Suite 2090, Chicago, IL 60606, addressed the Committee of the Whole and answered questions from the aldermen. Petitioner Nick Mitchell made a PowerPoint presentation describing the planned development at 1050 Oakton Street; this would be a developer-driven TIF District; there would be no condemnation involved; he will pay all costs for the feasibility study, no risk to the City; both the Economic Development Commission and the Community Development Committee recommended approval of this request for a feasibility study. Alderman Murphy asked Mr. Michell if he understands that even if the City approves having the study done, there is no guarantee that the City would go forward with the TIF. Mr. Michell said he understands that. Alderman Sayad questioned the numbers within the target population; how can people from that area afford to live there?; have you had any interest in this project? Mr. Michell said they have received 500 inquiries. A general discussion followed on all the financial aspects, i.e. how will the developer cut costs?, will they reduce the project? Moved by Argus, seconded by Christiansen, to concur with recommendation of the Economic Development Commission and Community Development Committee, and recommend to the City Council, to grant request from Faithful Works LLC/Riviera Retirement Resort, 1050 Oakton Street, Des Plaines, that Kane, McKenna & Associates, Inc., 150 N. Wacker Drive, Suite 1600, Chicago, IL 60606, be authorized to provide a Phase I, Phase II and Phase III Feasibility Study for a possible TIF District at 1050 Oakton Street, at a cost of $50, 000, to be borne by Faithful Works LLC/Riviera Retirement Resort. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that this developer has already spent $12-1/2 million on this project; he is going to pay for the study. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating we should meet with other taxing bodies and negotiate with them about their share; have another meeting; let's negotiate with them. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that the petitioner has said this is not just a Christian community yet they advertise it as such; this project was unanimously denied by the Des Plaines Plan Commission and Des Plaines Zoning Board of Appeals; have they done studies about what this will do to local retailers?; this project is not working. Alderman Beauvais stated she will be abstaining on this matter because she may have a conflict of interest. Moved by Sayad, seconded by Brookman, to POSTPONE until June 5, 2006, further discussion on this matter until it was been determined whether Alderman Beauvais needs to abstain from voting on this matter. MOTION DECLARED FAILED. Upon roll call on the original motion, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSTAIN:l-Beauvais ABSENT: 0-None Motion declared carried. WARRANT REGISTER: FREE VEH. STICKERS/ CITY VOLUNTEERS: WARRANT REGISTER: Resolution R-72-06 FREE VEH. STICKERS/ CITY VOLUNTEERS: FEASIBILITY STUDY FOR TIF DISTRICT/ RIVIERA RESIDENTIAL PROJECT, 1050 OAKTON: SINGLE BID/ WELLER CREEK BOX CULVERT CLEANING & TELEVISING: PAGE NINE 009 5/1/06 FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Smith, seconded by Christiansen, to recommend to the City Council approval of the May 1, 2006 -Warrant Register, in the total amount of $6,019,279.82, and further recommend that Resolution R-72-06 be adopted at appropriate time this evening. Motion declared carried. Moved by Sayad, seconded by Becker, to POSTPONE until May 15, 2006, discussion on the matter of free vehicle stickers for City volunteers. Motion declared carri ed. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-72-06, 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: $6,019,279.82. 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 Becker, to concur with recommendation of Committee of the Whole to POSTPONE until May 15, 2006, discussion on the matter of free vehicle stickers for City volunteers. Motion declared carried. Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole to grant request from Faithful Works LLC/Riviera Retirement Resort , 1 050 Oakton Street, Des Plaines, that Kane, McKenna & Associates, Inc., 150 N. Wacker Drive, Suite 1600 , Chicago, IL 60606, be authorized to provide a Phase I , Eh-ase TT aAd Pfia~e III Peasibility Study for a posaibl-e T·±F District at 1050 OaktoR etl!'99t 1 at a cost of ~50, 000, to... ae be:r;;ufii' ay Faithful Works LLC/Ri v ie:ra Retirg:wgt=lt ~sort~ Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSTAIN:l-Beauvais ABSENT: 0-None Motion declared carried. Alderman Sayad asked that the record show that just because he voted for the study does not mean that he will be voting for the creation of a TIF for this area. Moved by Murphy, seconded by Becker, that City Clerk McAllister be authorized to open single bid received on April 12, 2006, for Weller Creek Box Culvert Cleaning and Televising. Motion declared carried. City Clerk McAllister announced that the bid was received from Martam Construction, Inc., 1200 Gasket Drive, Elgin, IL 60120, in the amount of $236, 010. Mayor Arredia referred the bid to Staff for review and report. May 15, 2006 AMENDMENT Page 9 under "FEASIBILITY STUDY FOR TIF DISTRICT/RIVIERA RESIDENTIAL PROJECT, 1050 OAKTON." Line Seven to Line Ten after the word "Resort," delete that language and add: "Feasibility Study for a possible TIF District at 1050 Oakton Street, all costs and expenses including any legal and surveying fees which may be necessary to be borne by Faithful Works LLC/Riviera Retirement Resort." EXECUTIVE SESSION: SALARY OF CITY MANAGER: ADJOURNMENT: PAGE TEN 010 5/1/06 Moved by Sayad, seconded by Murphy, to go into Executive Session to discuss personnel. 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. The City Council recessed at 9:59 p.m. The City Council reconvened at 10:30 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Moved by Smith, seconded by Christiansen, to 4% increase in the salary of the City Manager July 21, 2005 for a total amount of $123,188. call, the vote was: AYES: 5-Beauvais, Christiansen, Becker, Smith, Arredia NAYS: 4-Murphy, Sayad, Brookman, Argus ABSENT: 0-None Motion declared carried. approve a effective Upon roll Moved by Becker, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meet nadjo~ at ;:=_35 p.m. ~~f1~;__ __ -CITY CLERK -----· APPROVED BY ME THIS ~l DAY OF Anth