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02-20-2007184 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, TUESDAY, FEBRUARY 20, 2007 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, February 20, 2007. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus. Alderman Brookman was absent. Alderman Brookman arrived in Executive Session at 6:35 p.m. Also present were: City Manager Niemeyer, Assistant to the City Manager Palm, Director of Finance Simpson, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Development Planner Gascoigne, Deputy Director of Community & Economic Development Angell, Director of Emergency Communications Ornberg and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER: RECOGNITION: PUBLIC HEARING/ AMENDMENT TO CDBG ACTION PLAN: CALL TO ORDER: Moved by Becker, seconded by Murphy, to go into Executive Session to discuss acquisition of real property. 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 City Council recessed at 6:31 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following aldermen present; Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Associate Pastor Fred Joob, Christian Life Church, followed by the Pledge of Allegiance to the Flag. Fire Chief Heavey recognized the life saving efforts of Maine West High School Staff members, Shawn Apps, Rudy Johnson, John O'Hare, Angelo Vacarro and Eric Apgar who, working as a team, initiated CPR and applied an automated external defibrillator prior to the arrival of the paramedics to a resident who suffered a sudden cardiac arrest on December 29, 2006 in the faculty lounge at Maine West High School; the resident was still viable when the paramedics arrived due to the excellent care delivered by the Staff members. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, TUESDAY I FEBRUARY 20 I 2007 Mayor Arredia called the Public Hearing to order at 7:07 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed amendment to the 2006-2007 Community Development Block Grant Action Plan to add unexpected funding in the amount of $980,000 for infrastructure improvement projects on Dover Lane, Dover Drive and Prairie Avenue. ~ PUB. HEARING (Cont'd.) CITIZEN PARTICIPA. : ACQUISITION OF REAL PROPERTY/ TIF #4 - FIVE CORNERS AREA: ZONING CASE 06-130-CU CONDIT. USE/ 1255 LEE: Ordinance Z-5-07 CONSENT AGENDA: MINUTES: Consent Agenda PAGE TWO 185 2/20/07 City's Community Planner, Jon Branham, gave a brief overview. Mayor Arredia asked for comments from the aldermen and the public. There were none. Final action on this matter under Items 6 and 6a on the Consent Agenda this evening. The Public Hearing was adjourned at 7:09 p.m. The City Council reconvened at 7:10 p.m. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking why the City Council is considering acquisition of property in the Five Corners Area; this is supposed to be a developer-driven TIF. Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council stating that she agrees with what Mr. Burkross said regarding the City acquiring property in the Five Corners Area; she thanked the City for providing her with a copy of the 2006 Annual TIF Report; she also stated that the northwest corner of Golf and Rand Roads looks very bad; there is not much there; couldn't it be made to look nicer. Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement regarding what makes a right unalienable (in City Council folder); he also stated that voting citizens in Wards 2, 4, 6 and 8 can have a real voice in our government and the future direction it will take; vote for people who will stop the Five Corners TIF and the one along Oakton Street. Moved by Becker, seconded by Murphy, to concur with consensus in Executive Session to decline the owner's offer and not acquire a specific property in TIF District #4 -Five Corner Area. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Murphy, to POSTPONE until March 19, 2007, the matter of Zoning Case 06-130-CU, a Conditional Use to permit auto sales in C-3 General Commercial District on property located on 1255 Lee Street and Ordinance Z-5-07; scheduled to be discussed under Committee of the Whole this evening. Motion declared carried. Moved by Murphy, Consent Agenda. seconded by Beauvais, to establish a Motion declared carried. Moved by Sayad, seconded by Argus, 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. Staff recommendations and requests were approved; minutes were approved; Ordinance M-4-07 was adopted; Ordinance Z-4-07 was placed on First Reading; and Resolutions R-28-07, R-29-07, R-30-07, R-31- 07, R-32-07 and R-33-07 were adopted. Moved by Sayad, seconded by Argus, to approve minutes of the Special meeting of the City Council held January 29, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda. MINUTES (Cont'd.) ZONING CASE 06-133-CU CONDIT. USE/ 2200 DEVON: Consent Agenda Ordinance Z-4-07 AMENDMENT/ 2006-2007 COMM. DEVEL. BLOCK GRANT BUDGET: Consent Agenda Resolution R-28-07 AMENDMENT/ 2006-2007 COMM. DEVEL. BLOCK GRANT ACTION PLAN: Consent Agenda Resolution R-29-07 YEAR 2006-07 CDBG PUBLIC SERVICE CONTRACTS: Consent Agenda Resolution R-30-07 PAGE THREE 186 2/20/07 Moved by Sayad, seconded by Argus, to approve minutes of the regular meeting of the City Council held February 5, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to approve minutes of the Executive Session of the City Council meeting held February 5, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 06-133-CU, to grant request for Conditional Use to permit a real estate school within an existing office park business in C-2 Limited Office Commercial District on property located at 2200 Devon Avenue; and further recommend to place on First Reading Ordinance Z-4-07, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-5 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A REAL ESTATE SCHOOL TO OPERATE AT 2200 DEVON AVENUE, SUITE 2 46, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to approve amendment to the City's Community Development Block Grant (CDBG) Program Year 2006-07 Budget (approved by the City Council on September 18, 2006 -Resolution R-128-06 in the amount of $345,757) to add unexpected funding in the amount of $980,000 to be used for three (3) infrastructure improvement projects as follows: Dover Lane (between Dover Drive on the east and Dover Drive on the west), Dover Drive (between Pennsylvania Avenue on the east and Marshall Drive on the west), and Prairie Avenue (between Graceland Avenue on the east and Canadian National Railroad on the west); Mayor be authorized to execute revised documents to be submitted to HUD no later than March 1, 2007; and further recommend to adopt Resolution R-28-07, A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF DES PLAINES 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to approve amendment to City's Community Development Block Grant (CDBG) Action Plan for Program Year 2006-2007 (approved by the City Council on September 18, 2006 Resolution R-129-06) to add unexpected funding in the amount of $980, 000 to the Action Plan for infrastructure improvement projects on Dover Lane, Dover Drive and Prairie Avenue; Mayor be authorized to submit revised Action Plan to HUD for their review and approval; and further recommend to adopt Resolution R-29-07, A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF DES PLAINES 2006-07 CONSOLIDATED PLAN ACTION PLAN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to award Community Development Block Grant (CDBG) funded public service contracts for Year 2006-2007, as follows: Child Care Subsidy Program -CEDA Northwest -$8,000 Commun. For Sr. Employment -D.P. Sr. Center -$500 Emergency Shelter Program -City of D.P. -$350 Employment Service -CEDA Northwest -$7,000 Fair Housing Counseling -CEDA Northwest -$5,000 Safe Harbor Emerg. Shelter -The Harbour -$4,000 Shared Hous. & Homeless -Ctr. Of Concern-$15,000 Transitional House-Safe House -W.I.N.G.S. -$10,000 Transitional Housing Counsel. -CEDA Northwest -$2,000; and further recommend to adopt Resolution R-30-07, A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN THE CITY OF DES PLAINES AND VARIOUS NOT-FOR- PROFIT AGENCIES FOR THEIR ASSISTANCE IN ADMINISTERIN~ ==c-=--==~~~===--------------==========-==============-=~ R-30-07 (Cont'd.) YEAR 2005-06 CDBG PUBLIC SERVICE CONTRACTS - RETROACTIVE : Consent Agenda Resolution R-31-07 GROUND LEASE ESTOPPEL AGREEMENT/ 1700 HIGGINS: Consent Agenda Resolution R-32-07 RESCINDING R-72-04/ 243 WILLE RD. TIF #3: Consent Agenda Resolution R-33-07 BID AWARD/ 2007 CONCRETE IMPROVEMENTS: Consent Agenda ORDINANCE M-4-07 POTABLE WATER RESTRICTION/ 1350 MINER: Consent Agenda PAGE FOUR 187 2/20/07 THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to approve retroactively the Community Development Block Grant (CDBG) funded public services contracts for Year 2005-2006, as follows: Child Care Subsidy Program -CEDA Northwest -$9,000 Commun. for Sr. Employment -D.P. Sr. Center -$500 Emergency Shelter Program -City of D.P. -$350 Employment Services -CEDA Northwest -$8,000 Fair Housing Counseling -CEDA Northwest -$6,000 Safe Harbor Emerg. Shelter -The Harbour -$4,112 Shared Hous. & Homeless Prev. -Ctr. Of Concern-$15,000 Transit. Hous. & Safe House. -W.I.N.G.S. -$10,000 Transit. Housing Counseling -CEDA Northwest -$2,000; and further recommend to adopt Resolution R-31-07, A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN THE CITY OF DES PLAINES AND VARIOUS NOT-FOR- PROFIT AGENCIES FOR THEIR ASSISTANCE IN ADMINISTERING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Ground Lease Estoppel Certificate" with Mariner Higgins Centre, LLC, % Mariner Financial, Inc., 101 Arch Street, Suite 1510, Boston, MA 02110, to consent to assignment of lease agreement and agree to allow new purchaser to secure financing for the purchase and the operation of its business from 1700 Higgins Centre, LLC (assigned to them on November 15, 1993 Resolution R-67-93 from the original lease approved on September 14, 1984 with Phil Mappa d/b/a Higgins Centre Venture), for property located at 1700 Higgins Road; and further recommend to adopt Resolution R-32-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF A GROUND LEASE ESTOPPEL AGREEMENT BETWEEN MARINER HIGGINS CENTRE, LLC AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to rescind Resolution R-72-04 (approved by the City Council on June 7, 2004), granting a permanent storm water easement across the southern portion of property located at 243 Wille Road -TIF District #3, to Wille Road LLC, as required by the Metropolitan Water Reclamation District, because the owner has sold the property; and further recommend to adopt Resolution R-33-07, A RESOLUTION RESCINDING RESOLUTION R-72-04 WHICH AUTHORIZED THE CITY OF DES PLAINES TO OBTAIN A PERMANENT STORM WATER EASEMENT ON THE PROPERTY AT 243 WILLE ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to award bid for 2007 Concrete Improvements to the lowest bidder, Schroeder & Schroeder, Inc., 7306 Central Park, Skokie, IL 60076, in the total bid amount of $331,500/MFT Funds, Section 07- 00000-01-GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to adopt Ordinance M-4-07, AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT 1350 MINER STREET/NORTHWEST HIGHWAY IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Z-4-07 CONDIT. USE/ 2200 DEVON: APPOINTMENT/ REAPPOINT. : WARRANT REGISTER: SELECTION OF AUDITOR: 2007 BUDGET FINAL REVIEW: PAGE FIVE 188 2/20/07 Moved by Becker, seconded by Murphy, to advance to Second Reading and adopt Ordinance Z-4-07, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-5 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A REAL ESTATE SCHOOL TO OPERATE AT 2200 DEVON AVENUE, SUITE 246, DES PLAINES, ILLINOIS (Case 06-133- CU). 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. Presented for consideration (no action required) were the following appointment and reappointments: Appointment: SPECIAL EVENTS COMMISSION Cynthia Mueller (replacing Tim Vana) Reappointments: YOUTH COMMISSION Josephine Al-Naemy, Ronald Burton, Mary Dankowski (final action on these matters under Consent Agenda on March 5, 2007) MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair Alderman Christiansen stated that he will abstain from voting on Voucher #873 in the amount of $1,098.20 and Voucher #865 in the amount of $658.60, which are reimbursements for a recent City trip. Moved by Smith, seconded by Christiansen, to recommend to the City Council approval of the February 20, 2007 - Warrant Register, in the total amount of $2,782,526.86; and further recommend that Resolution R-34-07 be adopted at appropriate time this evening. Motion declared carried (Alderman Christiansen abstained from voting on Voucher #873 and Voucher #865). Director of Finance Simpson reviewed his memo of February 6, 2007, regarding the proposals received from certified public accountants to audit the City's financial statements for the fiscal years ending December 31, 2006, 2007, 2008 with optional years 2009 and 2010. The selection committee interviewed three firms and is recommending that the City hire Virchow, Krause & Company. Moved by Sayad, seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council that the City retain Virchow, Krause & Company, 1301 W. 22nct Street, Suite 400, Oak Brook, IL 60523, to provide auditing services for fiscal years, 2006 (in the amount of $38, 700), 2007 (in the amount of $42, 700), 2008 (in the amount of $44,600), with optional years 2009 and 2010. Motion declared carried. Alderman Sayad stated that the aldermen have been provided with summaries of the status of the 2007 budget as well as the draft appropriation ordinance; the total General Fund expenditures are now estimated to be $53,164,095 and General Fund revenues are estimated to be $53,035,003; this information is for the aldermen's review; no action will be taken tonight; the BUDGET (Cont'd.) TELECOMMUNI- CATION TAX: APPROVE RFP / UPGRADE OF MUNICIPAL POLICE & FIRE ALARM SYS.: PAGE SIX 189 2/20/07 appropriation ordinance will be placed on First Reading on March 5, 2007 and Second Reading on March 19, 2007; the appropriation order must be filed with Cook County by March 31, 2007. City Manager Niemeyer stated that the proposed 2007 budget recommends a 2 % increase in the City's municipal telecommunication tax for a total o.f 3%; for this increase to take effect on July 1, 2007, the Illinoi s Department of Revenue needs the approved ordinance by March 20, 2007; the Committee of the Whole on February 8, 2007 voted 4 3 to implement the recommended increase. Alderman Sayad stated that he is opposed to this tax increase; people have told him that they are going to pass this increase on to their customers; the money we would need for the budget could be taken from our surplus funds; we don't need this tax increase. Alderman Brookman stated that she is opposed to increasing the tax; this is a revenue source that is not needed; we need to see how this will affect our business community; in the past the Chamber of Commerce has opposed this tax. Alderman Murphy stated that everyone is going to pay for this tax not just businesses; she is opposed to this tax; it will impact seniors the most. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that he doesn't think the aldermen can vote on this without talking about the whole budget; it would do the residents a disservice. Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole stating that businesses don't pay taxes, consumers pay taxes; businesses are just conduits to pass through taxes. Alderman Christiansen stated that this tax will be better than increasing the property tax; we are the only community in the area at 1%; most other communities are at 6%; Moodys looks at our ability to pay off bonds not just what we have in reserves; he is in favor of this tax. Alderman Argus stated that you can't take this tax off your income tax like you can property taxes. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation and recommend to the City Council that the City's Municipal Telecommunications Tax be increased 2% to a total of 3 %; and Ordinance M-6-07 be placed on First Reading at appropriate time this evening. Moved by Beauvais, seconded by Christiansen, to call for the question. Motion declared carried. Alderman Brookman voted no. Alderman Christiansen's motion DECLARED FAILED (Aldermen Beauvais, Christiansen, Becker and Smith voted yes; Alderman Murphy, Sayad, Brookman and Argus voted no - a tie vote is a failed vote) . PUBLIC SAFETY -Alderman Beauvais, Chair Director of North Suburban Emergency Communications Center Ornberg reviewed her memo of February 8, 2007, regarding her recommendation that the City approve an RFP to obtain proposals to provide a radio-based alarm system for the 296 fire alarms and 37 burglar alarms~ ALARM SYSTEMS (Cont'd.) WARRANT REGISTER: Resolution R-34-07 SELECTION OF AUDITOR: TELECOMMUNI- CATION TAX: Ordinance M-6-07 PAGE SEVEN 190 2/20/07 throughout the City which are monitored by the North Suburban Emergency Communications Center; the proposed vendors will be required to include the equipment, installation and all required maintenance, as well as guarantee the rate for subscribers for five (5) years; unless the City chooses to own the system, there is no cost to implement this program. Moved by Murohv, seconded by Brookman, to concur with Staff recommendation and recommend to the City that Staff be authorized to solicit proposals through an RFP to provide a radio-based alarm system that will include the equipment, installation and all required maintenance, as well as guarantee the rate for subscribers for five (5) years. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-34-07, 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: $2,782,526.86. 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 (Alderman Christiansen abstained from voting on Voucher #873 in the amount of $1,098.20 and Voucher #865 in the amount of $658.60, which are reimbursement for a recent City trip). Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole that the City retain Virchow, Krause & Company, 1301 W. 22nd Street, Suite 400, Oak Brook, IL 60523, to provide auditing services for fiscal years, 2006 (in the amount of $38,700), 2007 (in the amount of $42,700), 2008 (in the amount of $44,600), with optional years 2009 and 2010. 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 Christiansen, seconded by Becker, to concur with recommendation of Committee of the Whole that the City's Municipal Telecommunications Tax be increased 2 % to a total of 3%; and further recommend to place on First Reading Ordinance M-6-07, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 3, "MUNICIPAL OCCUPATION TAXES" BY ADDING ARTICLE I., "MUNICIPAL TELECOMMUNICATION TAX" TO THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Becker, Smith, Arredia NAYS: 4-Murphy, Sayad, Brookman, Argus ABSENT: 0-None Motion declared carried (further action on this matter under Unfinished Business on March 5, 2007). RFP/UPGRADE OF MUNICIPAL POLICE & FIRE ALARM SYS.: ADJOURNMENT: PAGE EIGHT 191 2/20/07 Moved by Beauvais, seconded by Murphy, to concur with recommendation of Committee of the Whole that Staff be authorized to solicit proposals through an RFP to provide a radio-based alarm system that will include the equipment, installation and all required maintenance, as well as guarantee the rate for subscribers for five (5 ) years. Motion declared carried. Moved by Becker, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:25 p.m. ~k@Q_fZ= Donna McAllister, MMC CITY CLERK AP PRO~ DAY OF ~ , 2007 Anthony W ~ MAY~R