04-02-2007214
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, APRIL 2, 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 6:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Ci vie Center on
Monday, April 5, 2007.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Sayad, Becker, Smith, Argus. Aldermen
Beauvais, Murphy and Brookman were absent. Alderman
Murphy arrived in Executive Session at 6:08 p.m.
Alderman Brookman arrived in Executive Session at 6:10
p.m. Alderman Beauvais arrived at 8:30 p.m.
Also present were: City Manager Niemeyer, Assistant to the City Manager
Palm, Acting Director of Finance Simpson, Police Chief Prandini, Fire
Chief Heavey, Assistant Director of Engineering Duddles, Directo r of
Public Works Dusckett, Deputy Director of Community & Economic
Development Angell, Assistant City Attorney Bartel, and City Attorney
Wiltse.
EXECUTIVE
SESSION:
PRAYER:
PROCLAMATION:
RECOGNITION:
CITIZEN
PARTICIPA. :
Moved by Sayad, seconded by Argus, to go into Executive
Session to discuss acquisition of real property,
probable-imminent litigation, and pending litigation.
Upon roll call, the vote was:
AYES: 5-Christiansen, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 3-Beauvais, Murphy, Brookman
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:10 p.m.
Roll call indicated
Christiansen, Murphy,
Argus.
the following aldermen present;
Sayad, Brookman, Becker, Smith,
The opening prayer was given by Roberta Hemmati, Des
Plaines Baha'i Community, followed by the Pledge of
Allegiance to the Flag.
Mayor Arredia read a proclamation proclaiming April 29 -
May 5, 2007 as Operation Prom Night Week; the various
agencies and organizations involved work to educate
students about the tragedies of impaired and distracted
driving which are the leading causes of death for 15 to
20 year olds in the United States.
Special Events Commission Chairman Linda Forman and New
Year's Eve Chairman Jim Wozny presented plaques of
appreciation to three ( 3) local businesses who gave
generously to the New Year's event: Pesche's Flower Shop
& Greenhouses who provided the carriage rides ($2,400);
Des Plaines Honda Motorcycles who provided the trolley
rides ($800) and four (4) bicycles ($160); and Harris
Bank who provided decorations ($1,200).
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council stating that the Des Plaines Residents for
Political Reform will be holding a candidates forum at
Prairie Lakes on April 10, 2007 from 7 p.m. to 9 p.m.;
this program is open to the public; he urged all
residents to come and meet the candidates who are o n the
ballot for the April 17, 2007 election. ~
~
CirjIZEN PART.
(Cont'd.)
PROBABLE-
IMMINENT
LITIGATION/
POST OFFICE
FACILITY
684 LEE ST.:
PENDING
LITIGATION/
CLOSING OF
WILLE ROAD
MWRD:
ACQUISITION
OF REAL
PROPERTY/
NEW POLICE
STATION:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
SALE OF CITY
PROPERTY/
NWMC AUCTION:
Consent
Agenda
Ordinance
M-13-07
PAGE TWO
215
4/2/07
Mr. Burkross also read a statement (in City Council
folder) regarding the responsibilities of public office
and asked several questions that he would like reviewed
by the Legal & Licensing Committee.
Mr. Dion Kendrick, 943 Webster Lane, addressed the City
Council and read a statement (in City Council folder)
regarding the five (5) corner TIF and eminent domain.
Mr. Mark Walsten, 2303 Magnolia Street, addressed the
City Council stating that he keeps hearing complaints
about the new garbage program; he thinks the City Council
acted too quickly on this; seniors have a real problem
with the bulky cans; they are hard to move around;
communications with the City needs to be improved; people
should be able to come up and speak without giving their
name and address.
Moved by Murphy, seconded by Christiansen, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding outstanding issues
relating to the build out of the U.S. Post Office
Facility at 684 Lee Street; final action on this matter,
if any, will be taken in open session at a future City
Council meeting. Motion declared carried. Alderman
Sayad voted no.
Moved by Murphy, seconded by Christiansen, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding the closing of Wille
Road by MWRD; final action on this matter, if any, will
be taken in open session at a future City Council
meeting. Motion declared carried.
Moved by Sayad, seconded by Becker, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed regarding the location for a new
police station; with final action on this matter, if any,
to be taken in open session. Motion declared carried.
City Clerk McAllister requested that Items 3, 3a, 12 and
12 a be removed from the Consent Agenda.
Moved by Murphy, .seconded by Becker, to establish a
Consent Agenda except for Items 3, 3a, 12, and 12a.
Motion declared carried.
Moved by Becker, seconded by Sayad, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried. Staff recommendations and
requests were approved; minutes were approved; Ordinance
M-11-07 was adopted; Ordinance M-13-07 was placed on
First Reading; and Resolutions R-50-07, R-51-07, R-52-07,
R-53-07, R-54-07, R-55-07, R-56-07, R-57-07, R-58-07, and
R-60-07 were adopted.
Moved by Becker, seconded by Sayad, to approve minutes
of the regular meeting of the City Council held March
19, 2 007, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to authorize the sale by auction at the
annual Northwest Municipal Conference Surplus Auction to
be held Saturday, May 12, 2007, 10: 00 a.m., Arlington
Heights Public Works Facility, 222 N. Ridge Avenue,
Arlington Heights, IL 60005, various Public Works
Department vehicles and equipment that are deemed no
longer necessary or useful to or for the best interest
of the City; and further recommend to place on First
Reading Ordinance M-13-07, AN ORDINANCE AUTHORIZING THE
'f
M-13-07
(Cont'd.)
CLASS 6 (b)
PROPERTY TAX
ABATEMENT
INCENTIVE/
401 TOUDY:
Resolution
R-49-07
VACATION OF
PUB. UTILITY
EASEMENT/
250 WILLE RD.
TIF #3:
Consent
Agenda
Resolution
R-50-07
PLAT OF
DEDICATION/
PORTION OF
WILLE ROAD -
TIF #3:
Consent
Agenda
Resolution
R-51-07
PAGE THREE
216 4/2/07
DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE
WITH CITY CODE SECTION 1-12-4. Motion declared carried
as approved unanimously under Consent Agenda.
Mrs. Barbara Van Slambrouck, 286 Stratford Road,
addressed the City Council asking how much is this worth
over the life of the exemption. Deputy Director of
Community & Economic Development Angell said it is
difficult to say because we did not ask for an
application until last summer, but Staff estimates that
if the property remains vacant the City would receive
$22,043 annually and if the 6(b) is granted, the City
would receive $44,017 annually.
Mr. Dion Kendrick, 943 Webster Lane, addressed the City
Council stating that these tax rebates are given so
businesses can improve their company; it gives them a
break.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council asking what was on the site before. Deputy
Director of Community & Economic Development Angell said
an empty steel manufacturing plant. Mr. Burkross asked
who can request a 6(b). Deputy Director Angell said it
is just for property owners or prospective owners.
Mr. Jim Brookman, 702 Howard Street, addressed the City
Council asking if there is a commitment on the part of
the owner to do what they say they will do. Deputy
Director Angell said there is a commitment on the owner
with Cook County, not the City.
Moved by Sayad, seconded by Becker, to concur with Staff
recommendation that City be authorized to support and
consent to the granting of a Cook County Real Estate
Classification 6(b) Industrial Development property tax
abatement incentive to ProLogis Logistical Services,
Inc., to assist with the construction of a 154,000 sq.
ft. warehouse-distribution center on property located at
401 Touhy Avenue, PIN #09-31-200-002; and further
recommend to adopt Resolution R-49-07, A RESOLUTION
AUTHORIZING THE 6(b) CLASSIFICATION FOR REAL PROPERTY
WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER #09-31-
200-002-0000, LOCATED AT 401 EAST TOUHY AVENUE IN DES
PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY
CLASSIFICATION ORDINANCE. Upon roll call, the vote was:
AYES: 7-Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute Plat of Vacation for the vacation of a 15'
wide and 500' long public utility easement along the
eastern edge of property located at 250 Wille Road in
TIF District #3, to Jacob and Hafner Associates, 1901 S.
Meyers Road, Suite 350, Oakbrook Terrace, IL 60181; and
further recommend to adopt Resolution R-50-07, A
RESOLUTION AUTHORIZING THE EXECUTION OF A PLAT OF
VACATION FOR PUBLIC UTILITY EASEMENT AT 250 WILLE ROAD,
DES PLAINES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City be authorized to accept Plat of
Dedication from Wille Road, LLC, 5520 W. Touhy Avenue,
Skokie, IL 60077, for approximately 1,100' of the
southern portion of Wille Road bordering 251 Wille Road,
as a public roadway in TIF District #3; and further
recommend to adopt Resolution R-51-07, A RESOLUTION
APPROVING A PLAT OF DEDICATION FOR A PORTION OF WILLE
ROAD, DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
ACCEPT PUBLIC
IMPROVEMENTS/
2318 & 2324
WESTVIEW:
Consent
Agenda
Resolution
R-52-07
ENGRG. DESIGN
SVS./MAPLE
ST. PUMPING
STATION:
Consent
Agenda
Resolution
R-53-07
CONTRACT
EXTENSION/
GAS & DIESEL
FUEL:
Consent
Agenda
Resolution
R-54-07
TACO
AGREEMENT/
EXXONMOBIL
OIL/1602
D. P. RIVER:
Consent
Agenda
Resolution
R-55-07
VEHICLE
ENFORCEMENT
AGREEMENT/
2655-2695
MANNHEIM:
Consent
Agenda
Resolution
R-56-07
PAGE FOUR
217
4/2/07
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to accept Public Improvements for New
Westview Subdivision, 2318 and 2324 Westview Drive, that
include a storm sewer and a public sidewalk; and
authorize release of surety in the amount of $11,250
(the cash warranty in the amount of $1,250 will be held
for 18 months); and further recommend to adopt
Resolution R-52-07, A RESOLUTION APPROVING THE PUBLIC
IMPROVEMENTS FOR NEW WESTVIEW SUBDIVISION LOCATED AT
2318 AND 2324 WESTVIEW DRIVE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute "Consul ting Services Agreement" with HWH
Americas, Inc., 175 W. Jackson Boulevard, Chicago, IL
60604, to provide engineering design services for
improvements to the Maple Street Water Pumping Station,
in the not-to-exceed amount of $149,737/Water Fund; and
further recommend to adopt Resolution R-53-07, A
RESOLUTION AUTHORIZING THE EXECUTION OF A CONSULTING
SERVICES AGREEMENT BETWEEN NWH AMERICAS, INC. AND THE
CITY OF DES PLAINES FOR ENGINEERING DESIGN SERVICES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation approve one ( 1) -year extension of
contract with Avalon Petroleum, 7601 W. 19pt Street,
Tinley Park, IL 60477 (approved by the City Council on
April 17, 2006) for Purchase and Delivery of Gas and
Diesel Fuel, at the 2006 over average price of $0.013
for lead-free gasoline and $0.022 over average price for
diesel fuel/Budgeted Funds; and further recommend to
adopt Resolution R-54-07, A RESOLUTION APPROVING A ONE
YEAR EXTENSION OF AN AGREEMENT FOR GASOLINE AND DIESEL
FUEL BETWEEN THE CITY OF DES PLAINES AND AVALON
PETROLEUM COMPANY, INC. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute "Tiered Approach to Corrective Action
Objectives Agreement (TACO)" with ExxonMobil
Corporation, 3225 Gallows Road, Room 8B008, Fairfax, VA
22037, for their property located at 1602 Des Plaines-
River Road, to address the remediation of the subsurface
contaminates within the City right-of-way under Oakton
Street at 1733 Oakton Street, at no cost to the City;
and further recommend to adopt Resolution R-55-07, A
RESOLUTION AUTHORIZING THE EXECUTION OF A "TIERED
APPROACH TO CORRECTIVE ACTION OBJECTIVES" BETWEEN THE
CITY OF DES PLAINES AND EXXONMOBIL OIL CORPORATION FOR
THE PROPERTY LOCATED AT 1602 DES PLAINES RIVER ROAD IN
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute "Agreement for Enforcement of Municipal
Ordinances on Private Property" for police, traffic and
parking enforcement for property located at 2655-2695
Mannheim Road (Des Plaines Mannheim, LLC % Tartan Realty
Group, Inc.); and further recommend to adopt Resolution
R-56-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER
TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE
REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE
CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES
PLAINES AND DES PLAINES MANNHEIM, LLC % TARTAN REALTY
GROUP, INC. FOR PROPERTY LOCATED AT 2655-2695 MANNHEIM
ROAD, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT.
Motion declared carried as approved unanimously u~~
Consent Agenda. yi•-
ANNUAL FIRE
DEPT. PHYS./
ALEXIAN BROS.
Consent
Agenda
Resolution
R-57-07
TEMPORARY
PARKING LOT
AGREEMENT/
170 RIVER -
TIF #4:
Resolution
R-58-07
D.P. PARK
DISTRICT SK
RUN-WALK/
TASTE OF
DES PLAINES:
Consent
Agenda
Resolution
R-60-07
PURCHASE/
AMBULANCE:
Consent
Agenda
PURCHASE/
VEHICLE FOR
FIRE DEPT.:
Consent
Agenda
PAGE FIVE
218
4/2/07
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to accept proposal from Alexian Brothers
Medical Center, 1060 S. Elmhurst Road, Mt. Prospect, IL
600S6, to provide Fire Department physicals for the
period April 2, 2007 to December 31, 2008, in the amount
not-to-exceed $42,000 per year/Budgeted Funds; Mayor and
City Clerk be authorized to execute necessary document;
and further recommend to adopt Resolution R-S7-07, A
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM
ALEXIAN BROTHERS OCCUPATIONAL HEALTH TO PERFORM ANNUAL
PHYSICAL EXAMINATIONS FOR THE DES PLAINES FIRE
DEPARTMENT. Motion declared carried as approved
unanimously under Consent Agenda.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council asking what is on the site now and will
there be a flood problem. Petitioner Chris Pesche said
there is one (1) house, two (2) garages and a dog
training school. Assistant Director of Engineering
Duddles said that there will be no flood problems; the
water will either run onto the petitioner's property or
Rand Road.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that Mayor and City Clerk be authorized
to execute "Temporary Parking Lot Improvement Agreement"
with Pesche's Garden Center & Greenhouse, 170 S. River
Road, for a period not-to-exceed three (3)-years while
a comprehensive redevelopment plan is being prepared for
this TIF District #4; and further recommend to adopt
Resolution R-S8-07, A RESOLUTION AUTHORIZING THE
EXECUTION OF A TEMPORARY PARKING LOT AGREEMENT BETWEEN
THE CITY OF DES PLAINES AND PESCHE'S GARDEN CENTER AND
GREENHOUSES. Upon roll call, the vote was:
AYES: S-Murphy, Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Beauvais
ABSTAIN:l-Christiansen -conflict of interest
(a relative is employed by Pesche's)
Motion declared carried.
Moved by B~cker, seconded by Sayad, to concur with Staff
recommendation to grant request from Des Plaines Park
District, in cooperation with the Des Plaines Special
Events Commission, to hold their SK Run-Walk on
Saturday, June 2, 2007, from 7:4S a.m. to 10:30 a.m., on
various streets to kick off the Taste of Des Plaines;
and further recommend to adopt Resolution R-60-07, A
RESOLUTION ACKNOWLEDGING THE DES PLAINES PARK DISTRICT'S
SK RUN-WALK TO BE HELD ON JUNE 2, 2007 AND AUTHORIZING
THE CLOSING OF STREETS FOR THE SK RUN-WALK. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to approve purchase of one ( 1) Medtec
Ambulance from Foster Coach, Inc., 1231 W. 4th Street,
Sterling, IL 60181 (sole source), through the Northwest
Municipal Conference Joint Government Purchasing
Program, in the amount not-to-exceed $127,916/2007 CERF
Budgeted Funds. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to purchase one (1) 2007 Ford Explorer
for the Fire Department, through the State of Illinois
Offic.ial Joint Purchase Program, from Landmark Ford,
Inc., 2401 Prairie Drive, Springfield, IL 62707, in the
total amount of $21,658/2007 CERF Budgeted Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
PURCHASE/
2007 SPRING
TREE PLANT . :
Consent
Agenda
PURCHASE/
PRINTER-
PLOTTER FOR
PUB. WORKS:
Consent
Agenda
PURCHASE/
SEWER TELEV.
& VIDEO EQP. :
Consent
Agenda
JANITORIAL
SERVICES/
PARKING
GARAGES:
Consent
Agenda
PURCHASE/
MESSAGE BOARD
FOR PUBLIC
WORKS:
Consent
Agenda
PURCHASE/
GLOBAL
POSITIONING
SYS. I ENGRG.
DEPARTMENT:
Consent
Agenda
PURCHASE/
AUTODESK
SOFTWARE
NETWORK LIC.:
Consent
Agenda
PRINTING/
2007
VEHICLE
STICKERS:
Consent
Agenda
PAGE SIX
219
4/2/07
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to authorize purchase of trees and
plantings for the 2007 Spring Tree Planting through the
West Central Municipal Conference Suburban Tree
Consortium, 1127 S. Mannheim Road, Suite 102,
Westchester, IL 60154, in the not-to-exceed amount of
$30, 000/Budgeted Funds. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to accept proposal from Clifford-Walk,
255 E. Helen Road, Palatine, IL 60067, for one (1 ) 42"
Printer-Plotter for Public Works Department in the total
amount of $10,195/Budgeted Funds; and it would be in the
best interest of the City that usual bid procedures be
waived. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to accept proposal from Cues, 3600 Rio
Vista Avenue, Orlando, FL 32805 (sole source), for
purchase of sewer televising and video equipment in the
total amount of $31,850/Budgeted Funds; and it woul d be
in the best interest of the City that usual bid
procedures be waived. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to accept proposal from Advanced
Janitorial Systems, P.O. Box 1264, Des Plaines, for
Parking Garage Janitorial Services through December 31,
2007, as follows: $546 per month for Des Plaines Library
Garage and $637 per month for Metropolitan Square
Garage/Budgeted Funds; and it would be in the best
interest of the City that usual bid procedures be
waived. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to approve purchase of one ( 1) Model
#KKMB9055-150 Message Board for the Public Works
Department through the Federal Government General
Services Administration, Contract #GS-07F-0005K, from
K&K Systems, Inc., 68 Palmetto Road, Tupelo, MS, 38801,
in the total amount of $13, 659/Budgeted Water Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker seconded by Sayad, to concur with Staff
recommendation to approve purchase of one ( 1) Trimble
GeoXT Handheld Global Positioning System device for
Engineering Department from Precision Midwest, 30Wl96
Calumet Avenue, Warrenville, IL 60555 (exclusive
distributor), in the total amount of $7,341/GIS Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to approve purchase of additional network
license for Autodesk Civil 3D 2007 Software for
Engineering Department from DLT Solutions, 13861 Sunrise
Valley Drive, Herndon, VA 20171 (exclusive distributor),
in the total amount of $6,902.28/Capital Projects Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to approve printing of 2007 Vehicle
Stickers by Rydin Decal, 700 Phoenix Lake, Streamwood,
IL 60107, in the total amount of $6,665/Budgeted Funds;
and it would be in the best interest of the City that
usual bid procedures be waived. Motion declared carried
as approved unanimously under Consent Agenda.
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-11-07
EXPANSION OF
EDC COMM./
CHAMBER OF
COMMERCE:
Consent
Agenda
PAGE SEVEN
220
4/2/07
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to
advertise for bids for Three (3) Ferno Model 28A Pro-
Flex Chair Cot Ambulance Stretchers, returnable by 3:00
p.m., Wednesday, April 18, 2007. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, 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, April 18, 2007. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to
advertise for bids for purchase of Motorola Portable
Radios, returnable by 3:00 p.m., Wednesday, April 18,
2007. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to
advertise for bids for 2007 Street Improvements -MFT
07-00200-00-RS, returnable by 3:00 p.m., Thursday, April
19, 2007. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to
advertise for bids for Water Plant HVAC Installation,
returnable by 3:00 p.m., Monday, April 23, 2007. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to
advertise for bids for Furnishing of Riprap Material and
Disposal of Debris, returnable by 3:00 p.m., Wednesday,
April 25, 2007. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to
advertise for bids for Purchase of Fire Hydrants and
Auxiliary Valves, returnable by 3:00 p.m., Wednesday,
April 25, 2007. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation that City Clerk be authorized to
advertise for bids for Repair and Utility Location of
Street Lights and Underground Wiring, returnable by 3:00
p.m., Wednesday, April 25, 2007. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Becker, seconded by Sayad, to adopt Ordinance
M-11-07, AN ORDINANCE AMENDING TITLE 2, "BOARDS AND
COMMISSIONS," CHAPTER 13 "ECONOMIC DEVELOPMENT
COMMISSION," SECTION 3, "COMMISSION MEMBERSHIP," OF THE
CITY OF DES PLAINES CITY CODE. Motion declared carried
as approved unanimously under Consent Agenda.
Alderman Beauvais entered the meeting at 8:30 p.m.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
WARRANT
REGISTER:
RETAIL
ASSISTANCE
PROGRAM:
REAL ESTATE
TRANSFER
TAX:
PAGE EIGHT
221
4/2/07
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Christiansen, seconded by Smith, to recommend
to the City Council approval of the April 2, 2007 -
Warrant Register, in the total amount of $2,311,694.27,
and further recommend that Resolution R-59-07 be adopted
at appropriate time this evening. Motion declared
carried.
COMMUNITY DEVELOPMENT -Alderman Becker, Chair
Alderman Becker stated that the 2007 Budget contains
funding for the new Retail Assistance Program, but the
City Council needs to approve the program before its
administration by the Economic Development Commission;
this is a one-time grant funded through Tax Increment
Financing Program Funds to a maximum amount of $10,000
to assist with furnishings, equipment, relocation
expenses, visual merchandising, marketing, advertising,
etc.
Aldermen requested that the program guidelines be
amended to include a "claw back" clause and a time frame
as to how long the company has to remain in business.
Moved by Christiansen, seconded by Sayad, to concur with
Staff recommendation and recommend to the City Council
to approve the Retail Assistance Program, as amended to
include a "claw back" clause and a time frame as to how
long the company has to remain in business once the
assistance is given; to be administered by the Economic
Development Commission, with approval of the City
Council, to a maximum of $10,000 per business, to assist
retail businesses to enhance and improve their
businesses; and City Attorney be authorized to draft
necessary resolution. Motion declared carried.
LEGAL & LICENSING -Alderman Murphy, Chair
City Attorney Wiltse reviewed this matter that had been
discussed by the Legal & Licensing Committee on April
27, 2006, but recommendation was made to bring to the
City Council; the draft ordinance being presented for
consideration reaffirms that sellers should be
responsible for paying the Real Estate Transfer Tax and
shall not be shifted from the seller to the buyer by
contract or any other means.
Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the
Committee of the Whole stating that this ordinance will
have no teeth; this is between the buyer and the seller.
Mr. Carmen Sarlo, 3051 Scott Street, addressed the
Committee of the Whole stating that if there are
violations, they should go to the seller.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that is we force the
seller to pay the tax, he will just increase his price.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation and recommend to the City Council that in
commercial/multi-family developments, the legal
obligation to pay the Real Estate Transfer Tax shall not
be shifted from the seller to the buyer by contract or
any other means; and Ordinance M-14-07 be placed on
First Reading at appropriate time this evening. MOTION
DECLARED FAILED (Aldermen Christiansen, Murphy, Sayad
and Argus voted yes; Aldermen Beauvais, Brookman, Beck~
and Smith voted no - a tie voted is a failed vote). '\}''
CHANGE OF
ADDRESS I LATE
FILING,
PENALTIES &
APPEAL
PROCESS:
COUNCIL
RULES:
PAGE NINE
222
4/2/07
Alderman Murphy reviewed this matter stating that what
is being proposed is a policy to strengthen the City's
Ethics Ordinance regarding notification of change of
address for City officials and Staff, and will also
include enforcement mechanisms for dealing with the
situation in which there may be a late filing of his/her
economic interest statement; this mirrors State
Statutes.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole questioning whether this really
does mirror State Statutes; he feels the penalty is too
severe. City Attorney Wiltse said the proposed
ordinance change does mirror State Statutes.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that he has been coming
to City Council meetings since 1969; twenty (20) years
ago an alderman moved out of town, a newspaper found out
and the alderman resigned; it is important to give your
change of address.
Mr. Jim Brookman, 701 Howard Avenue, addressed the
Committee of the Whole stating that this ordinance goes
too far; it is intrinsically wrong for the City to get
involved in penalizing the aldermen like this.
Moved by Sayad, seconded by Argus, to concur with Staff
recommendation and recommend to the City Council to
approve proposed changes to the City's Code of Ethics
regarding notification of change of address for City
officials and Staff, penalties for late filing of
disclosure statements and appeal process; and Ordinance
M-15-07 be placed on First Reading at appropriate time
this evening. Motion declared carried. Aldermen
Brookman and Smith voted no.
City Attorney Wiltse stated that at the request of the
City Council, the Staff has been reviewing for some time
the issue of breach of confidentiality by elected
officials; under Illinois law, the ability to reprimand
or censure are the main tools a public body may use; the
proposed new Rule 35 will deal with the actions to be
taken only after a determination has been made.
City Attorney Wiltse stated Staff is proposing a new
Rule 36 which would clearly set forth limitations on all
electronic paging, messaging and telephonic devices
during the course of a City Council meeting; this would
avoid disruptions.
City Attorney Wiltse stated that Staff is proposed a new
Rule 37 which would limit the display of signs, banners
and other items in the City Council Chambers regarding
controversial issues.
Alderman Brookman stated that these changes will move
toward closed government and away from democratic
government; she finds the language threatening.
Alderman Smith stated that he thinks the City Council is
over legislating how the aldermen act; he doesn't think
the display of banners has gotten out of hand; he
doesn't think these changes are necessary; he has a
problem with the hearing process to determine guilt.
Alderman Murphy stated that she would like more
information on the proposed Rule 35 before they move
further on this matter.
Alderman Beauvais questioned how would they be able to
enforce this rule; she understands that this is needed,
but how would it be enforced?
COUNCIL RULES
(Cont'd.)
CREATION OF
ETHICS
OFFICER
POSITION:
PAGE TEN
223
4/2/07
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Cammi ttee of the Whole stating that there is always
going to be leaks; and as for electronic devices, why
don't you simply ask everyone to turn off their devices
at the beginning of the meeting.
Mr. Ed Lehmann, 1484 Rand Road, addressed the Committee
of the Whole asking where does legislation stop?; you
have an unwritten Code of Conduct; how would you enforce
these new rules?
Mr. Carmen Sarlo, 3051 Scott Street, addressed the
Committee of the Whole asking how far do the aldermen
want to take this -to the wall?; this has gone way out
of proportion.
Mr. Dion Kendrick, 943 Webster Lane, addressed the
Committee of the Whole stating that we are all adults;
we don't need petty little rules; signs should be
allowed.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that he is truly amazed
at the time being spent on these rules; there are much
more important issues that you should be discussing.
Alderman Murphy stated that this matter should be tabled
until the Attorney General can provide us with an
opinion on the intent of the proposed Rule 35.
Moved by Brookman, seconded by Smith, to recommend to
the City Council that implementation of the proposed new
Rule 35, Rule 36 and Rule 37 be DENIED.
Moved by Christiansen, seconded by Sayad, to adopt a
substitute motion and recommend to the City Council that
further discussion on the proposed new Rule 35, Rule 36
and Rule 37, and Ordinance M-16-07, BE TABLED. Motion
declared carried. Aldermen Brookman and Smith voted no.
Alderman Murphy stated that both the Legal & Licensing
Committee and Staff are recommending the creation of an
ethics officer position in the City Code which would be
appointed by the City Manager; this person would receive
any violation complaints, investigate, make a written
determination and make a recommendation to the City
Council.
Alderman Brookman stated that she sees no need for an
Ethics Officers; these matters should be handled by the
City Attorney.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating he would recommend that
the person be someone outside of the City-not a Staff
person; perhaps it should be on a referendum.
Mr. Mark Walsten, 2303 Magnolia Street, addressed the
Committee of the Whole also stating that perhaps this
matter should be placed on a referendum.
Mr. Dion Kendrick, 943 Webster Lane, addressed the
Committee of the Whole asking who handles these matters
now. Alderman Murphy said that for the most part it is
handled by the City Attorney. Mr. Kendrick said he
doesn't think this is necessary.
Mr. Ed Lehmann, 1484 Rand Road, addressed the Committee
of the Whole stating that this should be handled by the
City Manager.
ETHICS OFF.
(Cont'd.)
TIF PROPERTY
OWNERSHIP BY
CITY
OFFICIALS &
STAFF:
ORDINANCE
M-12-07
AMBULANCE
FEE:
PAGE ELEVEN
224
4/2 /07
Moved by Argus, seconded by Smith, to concur with Staff
recommendation and recommend to the City Council that
the City create the position of Ethics Officer in the
City Code which would be appointed by the City Manager
to receive any violation complaints, investigate, make
a written determination, make a recommendation to the
City Council; and Ordinance M-17-07 be placed on First
Reading at appropriate time this evening. Mot ion
declared carried. Aldermen Sayad, Brookman and Becker
voted no.
Moved by Smith, seconded by Becker, that the discussion
on TIF Property Ownership by City Officials and Staff be
POSTPONED until April 16, 2007. Upon roll call, the
vote was:
AYES: 3-Becker, Smith, Argus
NAYS: 5-Beauvais, Christiansen,
Murphy, Sayad, Brookman
ABSENT: 0-None
MOTION DECLARED FAILED.
City Attorney Wiltse stated that the Legal & Licensing
Committee and Staff are recommending approval of the
proposed home rule ordinance regarding ownership of
property within a TIF District by elected officials and
Staff; the ordinance clarifies circumstances under which
property may be held.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that the proposed
ordinance could be greatly simplified; you should find
out what was the original intent of this law; a simple
solution would be to write a single ordinance addressing
specific concerns.
Mrs. Barbara Van Slambrouck, 286 Strafford Road,
addressed the Committee of the Whole stating that thi s
ordinance needs more revisions; you need to treat
everyone the same; you need to keep the restrictions in
the revision; this should protect property owner rights
equally.
Moved by Becker, seconded by Murphy, to concur with
Staff recommendation and recommend to the City Council
to approve the proposed home rule ordinance regarding
ownership of property within a TIF District by City
Officials and Staff; adding provisions about fair market
value of property which is offered for sale to the
public; Staff be authorized to contact City's State
legislators; and Ordinance M-18-07 -AS AMENDED, be
placed on First Reading at appropriate time this
evening. Motion declared carried. Alderman Brookman
and Smith voted no. Aldermen Sayad and Argus abstained
to void the appearance of impropriety.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Becker, seconded by Christiansen, to adopt
Ordinance M-12-07, AN ORDINANCE AMENDING TITLE 11, "FIRE
REGULATIONS," CHAPTER 10 "FIRE AND AMBULANCE SERVICE,"
SECTION 2, "NONRESIDENT AMBULANCE FEE," TO "AMBULANCE
FEE," OF THE CITY OF DES PLAINES CITY CODE.
Alderman Brookman stated that people are very upset over
this ambulance fee; people are already paying for this
in their taxes; this is wrong.
Upon roll call, the vote was:
AYES: 5-Beauvais, Christiansen,
Murphy, Becker, Smith
NAYS: 3-Sayad, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
ORDINANCE
Z-9-07
CONDIT. USE
& VARIATION/
1750 s.
ELMHURST.:
WARRANT
REGISTER:
Resolution
R-59-07
RETAIL
ASSISTANCE
PROGRAM:
REAL ESTATE
TRANSFER
TAX:
Ordinance
M-14-07
CHANGE OF
ADDRESS, LATE
FILING,
PENALTIES &
APPEAL
PROCESS:
Ordinance
M-15-07
225
4/2/07
PAGE TWELVE
Moved by Becker, seconded by Argus, to adopt Ordinance
Z-9-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE
PERMIT TO AUTHORIZE THE EXPANSION OF AN EXISTING
ASSISTED LIVING FACILITY IN ACCORDANCE WITH SECTION 7.3-
6 C. OF THE ZONING CODE AND AUTHORIZING A VARIATION TO
SECTION 9.7 TO ALLOW A TOTAL OF 198 PARKING SPACES AT
1750 ELMHURST ROAD, DES PLAINES, ILLINOIS (Case 0-16-CU-
V). Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
ABSTAIN:l-Beauvais -conflict of interest (she works
for another assisted living facility)
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-59-07, 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:
$2,311,694.27. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
recommendation of Committee of the Whole to approve the
Retail Assistance Program, as amended to include a "claw
back" clause and a time frame as to how long the company
has to remain in business once the assistance is given;
to be administered by the Economic Development
Commission, with approval of the City Council, to a
maximum of $10,000 per business, to assist retail
businesses to enhance and improve their businesses; and
City Attorney be authorized to draft necessary
resolution. 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 (further action on this matter
under Consent Agenda on April 16, 2007).
Moved by Murphy, seconded Sayad, that in
commercial/multi-family developments, the legal
obligation to pay the Real Estate Transfer Tax shall not
be shifted from the seller to the buyer by contract or
any other means; and Ordinance M-14-07 be placed on
First Reading. Upon roll call, the vote was:
AYES: 4-Christiansen, Murphy, Sayad, Argus
NAYS: 5-Beauvais, Brookman, Becker, Smith, Arredia
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Murphy, seconded by Argus, to concur with
recommendation of Committee of the Whole to approve
proposed changes to the City's Code of Ethics regarding
notification of change of address for City Officials and
Staff, penalties for late filing of disclosure
statements and appeal process; and place on First
Reading Ordinance M-15-07, AN ORDINANCE AMENDING TITLE
1, "ADMINISTRATIVE, II CHAPTER 9, "CODE OF ETHICS, II
SECTION 5, "DISCLOSURE," OF THE CITY OF DES PLAINES CITY
CODE. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Argus
NAYS: 2-Brookman, Smith
ABSENT: 0-None
Motion declared carried (further action on this matter
under Unfinished Business on April 16, 2007).
COUNCIL
RULES:
Ordinance
M-16-07
CREATION OF
ETHICS
OFFICER
POSITION:
Ordinance
M-17-07
TIF PROPERTY
OWNERSHIP BY
CITY
OFFICIALS &
STAFF:
Ordinance
M-18-07
ADJOURNMENT :
226
4/2/07
PAGE THIRTEEN
Moved by Murphy, seconded by Christiansen, to concur
with recommendation of Cammi ttee of the Whole that
further discussion on the proposed new City Council Rule
35, Rule 36 and Rule 37, and Ordinance M-16-07, BE
TABLED. Motion declared carried. Aldermen Brookman and
Smith voted no.
Moved by Murphy, seconded by Christiansen, to concur
with recommendation of Committee of the Whole that City
create the position of Ethics Officer in the City Code
which would be appointed by the City Manager to receive
any violation complaints, investigate, make a written
determination, make a recommendation to the City
Council; and place on First Reading Ordinance M-17-07,
AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER
9, "CODE OF ETHICS,": SECTION 10, "ENFORCEMENT AND
PENALTIES," OF THE CITY OF DES PLAINES CITY CODE. Upon
roll call, the vote was:
AYES: 5-Beauvais, Christiansen,
Murphy, Smith, Argus
NAYS: 3-Sayad, Brookman, Becker
ABSENT: 0-None
Motion declared carried (further action on this matter
under Unfinished Business on April 16, 2007).
Moved by Murphy, seconded by Becker, to concur with
recommendation of Committee of the Whole to approve the
proposed home rule ordinance regarding ownership of
property within a TIF District by City Officials and
Staff; adding provisions about fair market value of
property which is offered for sale to the public; Staff
be authorized to contact City's State legislators; and
place on First Reading Ordinance M-18-07 -AS AMENDED,
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF DES PLAINES REGARDING TAX INCREMENT ALLOCATION
REDEVELOPMENT.
AYES: 4-Beauvais, Christiansen, Murphy, Becker
NAYS: 2-Brookman, Smith
ABSENT: 0-None
ABSTAIN:2-Sayad, Argus (to avoid the appearance of
impropriety)
Motion declared carried (further action on this matter
under Unfinished Business on April 16, 2007).
Moved by Murphy, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 12:00 a.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME ~IS
DAY OF¥-
Anthony ~:, 1
MAYOR
' 2007