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04-16-2007227 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 16, 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 6:03 p.rn. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 16, 2007. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Brookman, Smith. Alderman Becker arrived in Executive Session at 6:08 p.rn. Alderman Argus arrived in Executive Session at 6:12 p.rn. Alderman Beauvais arrived at 7:00 p.rn. Also present were: City Manager Niemeyer, Acting Director of Finance Simpson, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan, Deputy Director of Community & Economic Development Angell, Environmental Services Coordinator Bajor, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: Moved by Sayad, seconded by Smith, to go into Executive Session to discuss personnel, pending litigation and acquisition of real property. Upon roll call, the vote was: AYES: 5-Christiansen, Murphy, Sayad, Brookman, Smith NAYS: 0-None ABSENT: 3-Beauvais, Becker, Argus Motion declared carried. The City Council recessed at 6:04 p.rn. The City Council reconvened at 7:00 p.rn. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. MAYOR PRO TEM: Moved by Murphy, seconded by Sayad, to elect Alderman Christiansen as Mayor Pro Tern in the absence of Mayor Arredia. Motion declared carried. PRAYER AND PLEDGE: RECOGNITION: PUBLIC HEARING/SPEC. SVS. AREA #9 624-640 ALGONQUIN: The opening prayer was given by Father Kounavis, St. John Greek Orthodox Church, by the Pledge of Allegiance to the Flag. Demetri followed Mayor Pro Tern Christiansen read a proclamation proclaiming April 15-21, 2007 as National Volunteer Week and recognized the City's Meals-On-Wheels volunteers who deliver meals to those in need. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, APRIL 16, 2007 228 4/16/07 PAGE TWO CALL TO ORDER: Mayor Pro Tern Christiansen called the Public Hearing to order at 7: 10 p. m. The Public Hearing was being held pursuant to legal notice to consider the establishment of Special Service Area #9 for resurfacing of parking lot at 624 -64 O W. Algonquin Road and the funding of the property owner's share of the improvement. DISCUSSION: Assistant City Attorney Bartel briefly reviewed this request from the owner of 624-640 W. Algonquin Road to create Special Service Area #9 for parking lot improvements at 624-640 W. Algonquin Road. PUBLIC HEARING/SPEC. SVS. AREA #10 642-658 w. ALGONQUIN: Mayor Pro Tern Christiansen asked for comments from the public and aldermen. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking if the property is privately owned and how are the monies repaid to the City. City Attorney Wiltse stated that the property is privately owned and it is repaid to the City, with interest, through an extra levy. Mr. Ronald Moore, 1480 Jefferson, addressed the City Council stating that he was against this Special Service Area when it came before the City Council in June of 2006; none of the store fronts in this plaza are vacant; the owners should apply for a loan to repave the property. There will be further discussion and action on this matter later in the meeting under Consent Agenda. The Public Hearing was adjourned at 7:16 p.m. The City Council reconvened at 7:17 p.m. MINUTES OF THE PUBLIC HEARING HELD IN ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, PLAINES CIVIC C~NTER, MONDAY, APRIL 16, 2007 THE DES CALL TO ORDER: Mayor Pro Tern Christiansen called the Public Hearing to order at 7:18 p.m. The Public Hearing was being held pursuant to legal notice to consider the establishment of Special Service Area #10 for resurfacing of parking lot at 642-658 W. Algonquin Road and the funding of the property owner's share of the improvement. DISCUSSION: Assistant City Attorney Bartel briefly reviewed this request from the owner of 642-658 W. Algonquin Road to create Special Service Area #10 for parking lot improvements at 642-658 W. Algonquin Road. Mayor Pro Tern Christiansen asked for comments from the public and aldermen. There will be further discussion and action on this matter later in the meeting under Consent Agenda. The Public Hearing was adjourned at 7:19 p.m. The City Council reconvened at 7:20 p.m. ELECTION: CITIZEN PARTICIPA. : ACQUISITION OF REAL PROPERTYL ACE RENT-A- CAR, 2985 S. MANNHEIM: AWARD RFP/ALARM MONITORING SYSTEM: CONSENT AGENDA: 229 4/16/07 PAGE THREE City Attorney Wiltse read a statement reminding anyone speaking this evening that tomorrow is Election Day and speakers should not make any comments regarding candidates or issues in any of the Ward races. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that Assistant to the City Manager Eric Palm will soon be leaving his position with the City and he will be missed; he had the pleasure of interfacing with Eric Palm and he was always very polite and accommodating; he will be hard to replace. Ms. Donna Catlett, 1755 S. Wolf Road, addressed the City Council stating that the Des Plaines Arts Council has long embraced gardening as an artistic pursuit; she invited everyone to attend "The Art of Nature" a rain garden symposium on April 21, 2007 at 11:00 a.m. at the Science & Arts Academy, 1825 Miner Street. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that there is a need for a traffic signal at Perry and Lee Streets; last Monday there were two accidents; this corner is very unsafe; it is also a school crossing. Mr. Wayne Serbin, 83 5 Pearson Street, addressed the City Council stating that tomorrow is Election Day; let's shoot for a high vote count; let's show the candidates that we appreciate that they are running for office. Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council stating that the most important responsibility of a citizen is that he be involved in government and vote; many significant issues currently face our City including infrastructure, flooding, taxes, property rights, etc. Moved by Murphy, seconded by Sayad, to concur with majority agreement in Executive Session that Staff proceed as directed regarding the acquisition of the Ace Rent-A-Car, 2985 S. Mannheim Road, located in TIF #6; final action on this matter, including the dollar amount of any purchase will be reported at a subsequent meeting in open session. Motion declared carried. Aldermen Brookman and Becker voted no. Moved by Beauvais, seconded by Becker, to TABLE the Award RFP/Alarm Monitoring System and Wireless Network matter scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. Alderman Murphy requested that Item 6 and 6a be removed from the Consent Agenda; Alderman Brookman requested that Item 9 and 9a be removed and Alderman Christiansen requested that Items 12, 12a and 14 be removed. Moved by Brookman, seconded by Murphy, to establish a Consent Agenda except for Items 6, 6a, 9, 9a, 1 2 , 12a and 14. Motion declared carried. CONSENT (Cont'd.) MINUTES: Consent Agenda RESCIND ORD. M-24-06, SPEC. SVS. AREA #9: Consent Agenda Ordinance M-19-07 SPEC. SVS. AREA #9 I 624-640 w. ALGONQUIN: Consent Agenda Ordinance M-20-07 230 4/16/07 PAGE FOUR Moved by Becker, seconded by Brookman, 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; Ordinance M-13-07 was adopted; Ordinances M-19-07, M-20-07, M-21-07, M-23- 07 and Z-12-07 were placed on First Reading; and Resolutions R-63-07, R-64-07, R-66-07 and R-67-07 were adopted. Moved by Becker, seconded by Brookman, to approve minutes of the regular meeting of the City Council held April 2, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Brookman, to minutes of the Executive Session of the City meeting held April 2, 2007. Motion declared as approved unanimously under Consent Agenda. approve Council carried Moved by Becker, seconded by Brookman, to concur with Staff recommendation to rescind Ordinance M-24- 06, approved by the City Council on June 19, 2006, which created Special Service Area #9 for the repair of the parking areas behind the strip centers at 624-640 and 642-658 W. Algonquin Road, because these parcels are not physically contiguous with one another, which is required by the Cook County Map Department who has instructed the City to create two (2) separate Special Service Areas, one for each parcel; and further recommend to place on First Reading Ordinance M-19 -0 7 I AN ORDINANCE RESCINDING ORDINANCE M-24-06, WHICH CREATED SPECIAL SERVICE AREA #9 FOR THE REPAIR OF THE PARKING AREAS AT 624- 640 W. ALGONQUIN ROAD AND 642-658 W. ALGONQUIN ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve creation of Special Service Area #9 for the repair of a portion of the parking area behind the strip center at 624- 640 W. Algonquin Road, as requested by the owner of the property, at a cost of $25,500; owner's share of the cost to be repaid to the City from the tax levies for the years 2007 through 2021, inclusive, and shall be in an amount not-to-exceed $3,000 annually; and further recommend to place on First Reading Ordinance M-20-07, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER NINE IN THE CITY OF DES PLAINES, ILLINOIS ( 624-64 0 WEST ALGONQUIN ROAD PARKING LOT) . Motion declared carried Agenda. as approved unanimously under Consent SPEC. SVS. AREA #10 I 642-658 w. ALGONQUIN: Consent Agenda Ordinance M-21-07 AMENDMENT/. TELECOMM. TAX ORDINANCE: Ordinance M-22-07 AMENDMENT/ MASSAGE ESTABLISHMENTS ORDINANCE: Consent Agenda Ordinance M-23-07 231 4/16/07 PAGE FIVE Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve creation of Special Service Area #10 for the repair of a portion of the parking area behind the strip center at 642- 658 W. Algonquin Road, as requested by the owner of the property, at a cost of $25,500; owner's share of the cost to be repaid to the City from the tax levies for the years 2007 through 2021, inclusive, and shall be in an amount not-to-exceed $3,000 annually; and further recommend to place on First Reading Ordinance M-21-07, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER TEN IN THE CITY OF DES PLAINES, ILLINOIS (642-658 WEST ALGONQUIN ROAD PARKING LOT) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Smith, to POSTPONE until May 7, 2007, Staff recommendation to amend Title 4, Chapter 3, Article 1 "Municipal Telecommunications Tax" to revise the City Code as required by the Illinois Department of Revenue to comply with recent changes made by Public Acts 92- 878, 93-2986 and 94-793; these are housekeeping changes which do not change the intent, rate or impact of the tax; and further recommend to place on First Reading Ordinance M-22-07, AN ORDINANCE AMENDING TITLE 4 I "BUSINESS REGULATIONS" CHAPTER 3 I "MUNICIPAL OCCUPATION TAXES I II ARTICLE 1. I "MUNICIPAL TELECOMMUNICATIONS TAX" OF THE DES PLAINES CITY CODE. Moved by Sayad, seconded by Brookman, to adopt a substitute motion to DENY Staff recommendation to amend Title 4, Chapter 3, Article 1 "Municipal Telecommunications Tax." Upon roll call, the vote was: AYES: 4-Murphy, Sayad, Brookman, Argus NAYS: 4-Beauvais, Christiansen, Becker, Smith ABSENT: 0-None MOTION DECLARED FAILED (a tie vote lS a faile d vote) . Upon roll call or:i. the o rig inal motion, the vote was: AYES: 5 -Beauvais, Christiansen, Mur phy, Becker, Smith NAYS: 3-Sayad, Brookman, Argus ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Brookman, to concur with Staff recommendation to amend Title 4, Chapter 10 "Massage Establishments" of the City Code to reflect new State licensing procedures and allow massage as an accessory use to already licensed businesses; and further recommend to place on First Reading Ordinance M-23-07, AN ORDINANCE AMENDING TITLE 4 I "BUSINESS REGULATIONS I II CHAPTER 10 "MASSAGE ESTABLISHMENTS, " OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 07-04-CU/ COND. USE/ 1450 TOUHY: ------ Consent Agenda Ordinance Z-12-07 2007 PRIVATE ACTIVITY VOLUME BOND CAP: Resolution R-62-07 IDOT AGREEMENT, FAA VISION 100 FUNDS, LAND USE PLANNING: Consent Agenda Resolution R-63-07 232 4/16/07 PAGE SIX Moved by Becker, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 07-04-CU, to grant request for Conditional Use to permit operation of a Class A restaurant (Longhorn Steakhouse) , accessory to a hotel, in C-2 Limited Office Commercial District on property located at 1450 E. Touhy Avenue; and further recommend to place on First Reading Ordinance Z-12-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO OPERATE A CLASS A RESTAURANT, ACCESSORY TO LIMITED OFFICE COMMERCIAL WITH SECTION 7. 3 05 C. OF A HOTEL, DISTRICT THE ZONING IN THE C-2 I IN ACCORDANCE CODE AT 1450 EAST TOUHY A.VENUE I DES PLAINES I ILLINOIS. Motion declared carried as Consent Agenda. approved unanimously under Moved by Becker, seconded by Say ad, to concur with Staff recommendation to authorize City to reserve its entire 2007 Private Activity Volume Bond Cap of $4,806,835, for possible future use as an industrial attraction and retention incentive "until allocated or sold". Moved by Brookman, seconded by Murphy, adopt a substitute motion to concur with Staff recommendation to authorize City to reserve its entire 2007 Private Activity Volume Bond Cap of $4,806,835, for possible future use as an industrial attraction and retention incentive. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad Brookman, Smith, Argus NAYS: 1-Becker ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Beauvais, to adopt Resolution R-62-07, A RESOLUTION RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad Brookman, Smith, Argus NAYS: 1-Becker ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute "Agreement of Limited Agency" with IDOT's Division of Aeronautics, One Langhorne Bond Drive, Capital Airport, Springfield, IL 62707, for reimbursement of $750,000 for land use compatibility planning through the Federal Aviation Administration's Vision 100/Section 160 Program; and further recommend to adopt Resolution R-63-07, A RESOLUTION SUPPORTING THE AGREEMENT OF LIMITED AGENCY BETWEEN THE CITY OF DES PLAINES AND IDOT FOR SECURING FUNDING FOR PLANNING AND PROMOTION OF COMPATIBLE LAND USES UNDER THE FEDERAL AVIATION ADMINISTRATION VISION 100 CENTURY OF AVIATION REAUTHORIZATION ACT. Motion declared carried as approved unanimously under Consent Agenda. PUBLIC IMPROVEMENTS/ 2229 & 2233 WESTVIEW: Consent Agenda Resolution R-64-07 SOCIAL SERVICE AGENCIES FUNDING: Resolution R-65-07 DRIVEWAY VARIATION/ 1751 SPRUCE: Consent Agenda 233 4/16/07 PAGE SEVEN Moved by Becker, seconded by Brookman, to concur with Staff recommendation to accept Public Improvements for Guzzetti Subdivision, 2229 and 2233 Westview Drive, that include a rear yard storm sewer and a public sidewalk; and authorize release of Letter of Credit in the amount of $36,110 (cash warranty of $3,611 will be held for 18 months; and further recommend to adopt Resolution R-64-07, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR GUZZETTI SUBDIVISION LOCATED AT 2229 AND 2233 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as Consent Agenda. approved unanimously under Moved by Beauvais, seconded by Sayad, to concur with Staff recommendation to approve funding for Social Service Agencies/Organizations as follows: Avenues to Independence The Center of Concern Children's Advocacy Center Des Plaines Senior Center Meal Program The Harbour, Inc. Journey from P.A.D.S. to HOPE Maine Center, Inc. North Shore Senior Center Northwest Center Against Sexual Assault Northwest Suburban Day Care Center Rainbow Hospice Self-Help Closet & Pantry of Des Plaines Shelter, Inc. Suburban Primary Health Care Council The Volunteer Center $ 1,665 6,115 2,215 6,855 4,215 4,715 4,515 6,465 2,615 9,015 2,815 9,015 2,265 1,750 765 $65,000 and further recommend to adopt Resolution R-65-07, A RESOLUTION AUTHORIZING THE DISBUSEMENT OF $65,000.00 IN BUDGETED FUNDS TO FIFTEEN SOCIAL SERVICE AGENCIES. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen*, Murphy, Sayad NAYS: Brookman, Becker, Smith**, Argus 0-None ABSENT: 0-None Motion declared carried. * Alderman Christiansen the funding for The Center Board of Directors) and abstained from voting on of Concern (member of the the Self-Help Closet & Pantry of Des Plaines (a family member is a member of the Board) -conflict of interest; ** Alderman Smith abstained from voting on the funding for the Des Plaines Senior Center Meal Program (member of the Board of Directors) conflict of inter est. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments to permit 9'6" addition to existing driveway of 8'6" wide x 27' long, for a total width of 18' , on property located at 1 751 Spruce Avenue. Motion declared carried as approved unanimously under Consent Agenda. PURCHASE/TWO FORD FUSION 14S POLICE VEHICLES: PURCHASU SQUAD CARS & FORD EXPLORER FOR POLICE DEPT. : Consent Agenda PURCHASE/ MONITOR/ DEFIBRILLATOR FOR FIRE DEPT. : Consent Agenda PURCHASE/DUMP TRUCKS FOR PUBLIC WORKS DEPT. : Consent Agenda PURCHASE/ SNOWPLOW KITS FOR PUBLIC WORKS: Consent Agenda PROPOSAL/SHOP VEHICLE EXHAUST SYSTEM AT PUBLIC WORKS: Consent Agenda 234 4/16/07 PAGE EIGHT Moved by Sayad, seconded by Becker, to concur with Staff recommendation to approve purchase of two (2) 2007 Ford Fusion 14S Police Vehicles through the Suburban Purchasing Cooperative from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423, in the amount of $14,472 each for a total amount of $28,944/CERF Funds. 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 Brookman, to concur with Staff recommendation to approve purchase of nine (9) Ford Crown Victoria Interceptor Squad Cars and one (1) 2007 Ford Explorer through the Illinois State Bid Program from Landmark Ford, Inc., 2401 Prairie Crossing Drive, Springfield, IL 62707, in the total amount of $201,693/2007 CERF Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve purchase of one (1) ZOLL M-Series, Med-Pro Plus Monitor Defibrillator and Accessories from ZOLL Medical Corporation, 269 Mill Road, Chelmsford, MA 01824, in the total amount of $24,207/2007 CERF 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 Brookman, to concur with Staff recommendation to approve purchase of three (3) Tandem-Axle Dump Trucks through the Illinois State Bid Program from Prairie International Trucks, Inc., 401 S. Dirksen Parkway, Springfield, IL 62703, in the total amount of $318, 521/2007 CERF Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve purchase of four (4) Western Snowplow Kits from Lindco Equipment Sales, Inc., 2168 E. 88th Drive, Merrillville, IN 46410, in the total amount of $13,952/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 Brookman, to concur with Staff recommendation to accept proposal from K&K Sales and Service, Inc., 1032 W. Elmwood Lane, Bartlett, IL 60103, for repairs to shop vehicle exhaust system, at a cost of $8,979/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-13-07 SALE OF CITY PROPERTY/NWMC AUCTION: Consent Agenda RESOLUTION R-66-07 RETAIL ASSISTANCE PROGRAM: Consent Agenda AGREEMENT/ GEOTECHNICAL ENG. SERVICES/ 2007 CIP: Consent Agenda Resolution R-67-07 235 4/16/07 PAGE NINE Moved by Becker, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for one ( 1) Tow- Behind Self-Contained Leaf Loader, returnable by 3: 00 p. m., Friday, May 4, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Water System Leak Detection Survey, returnable by 3:00 p.m., Friday, May 4, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Underground Fuel Storage Tank and Dispenser Replacement, returnable by 3:00 p.m., Wednesday, May 9, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Demolition of 3003 Mannheim Road (Travelodge) and 3036 Orchard Place (AC Pavement Striping), returnable by 3:00 p.m., Thursday, May 10, 2007. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, Ordinance M-13-07, DISPOSITION OF seconded by Brookman, to adopt AN ORDINANCE AUTHORIZING THE PERSONAL PROPERTY IN ACCORDANCE WITH PUBLIC CITY CODE SECTION 1-12-4. Motion declared carried as Consent Agenda. approved unanimously under Moved by Becker, seconded Resolution R-66-07 AS by Brookman, AMENDED, A to adopt RESOLUTION AUTHORIZING THE CITY OF DES PLAINES RETAIL ASSISTANCE PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Brookman, to concur with Staff recommendation to accept proposal from American GeoEngineering, Inc., 399-A Wall Street, Glendale Heights, IL 60139, to perform soil and material testing for 2007 Capital Improvement Program in the total amount of $43, 500/MFT Funds; and Mayor and City Clerk be authorized to execute necessary agreement; and further recommend to adopt Resolution R-67-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN AMERICAN GEOENGINEERING, INC. AND THE CITY OF DES PLAINES FOR GEOTECHNICAL ENGINEERING SERVICES TO BE PERFORMED FOR THE 2 0 0 7 CAPITAL IMPROVEMENT PROGRAM AT A COST NOT TO EXCEED $43, 500. 00. Motion declared carried as approved unanimously under Consent Agenda. WARRANT REGISTER: LOBBYIST CONTRACT/ ALL-CIRCO: CONCRETE "WAVES" DISPOSAL OPTIONS/ REMOVED FROM RIVER RD. & MINER ST.: 236 4/16/07 PAGE TEN MAYOR PRO TEM CHRISTIANSEN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Smith, seconded by Murphy, to recommend to the City Council approval of the April 16, 2007 Warrant Register, in the total amount of $3,538,884.27; and further recommend that Resolution R-83-06 be adopted at appropriate time this evening. Motion declared carried. Alderman Christiansen abstained from voting on Voucher #03248 The Center of Concern, in the amount of $6, 115 (conflict of interest -member of the Board of Directors) and Voucher #91944 -Self - Help Closet & Pantry, in the amount of $9,015 (conflict of interest a family member serves on the Board) . Alderman Smith abstained from voting on Voucher #13253 -Des Plaines Senior Center, in the amount of $6, 855 (conflict of interest -member of the Board of Directors) . Alderman Sayad reviewed City Manager Niemeyer's memo of April 5, 2007, regarding whether to renew the City's contract with lobbyist All-Circo for the period November 1, 2006 through October 31, 2008. John Kelly, All-Circo, Inc., addressed the City Council and answered questions from the Aldermen. Moved by Murphy_~econded by Becker, to concur with Staff recommendation and recommend to the City Council to renew the contract with lobbyist All- Circo, Inc., 111 W. Washington Street, Suite 192 0, Chicago, IL 60620 for a two-year period from November 1, 2006 through October 31, 2008 in the amount of $75,000 per year and City Attorney be authorized to draft necessary resolution. Motion declared carried. PUBLIC WORKS -Alderman Smith, Chair Environmental Services Coordinator Bajor reviewed her memo of April 5, 2007, which recommends donating three (3) waves to the Historical Society and disposal of the remainder of the "waves" to a recycling facility. Aldermen Becker and Sayad stated that they are interested in obtaining one or more of the "waves". Alderman Argus stated that she has a resident who is interested in obtaining three (3) or four (4) "waves". Alderman Murphy stated that they should be put out for bid. "WAVES" (Cont'd.) RADLEIN RETENTION BASIN SIGN/ESSER COURT: 237 5/15/06 PAGE ELEVEN Alderman Beauvais stated that some of them should be placed along the Riverwalk and then auction off one (1) or two (2) at the Taste of Des Plaines. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that they should be displayed and sold as pieces of art at the art show. Moved by Becker, seconded by Sayad, to recommend to the City Council approval of the donation of three (3) waves to the Des Plaines Historical Society, place five (5) along the Riverwalk and conduct a silent auction at the Taste of Des Plaines for the remaining waves; all proceeds to be donated to the Healthy Community Partnership Foundation. Moved by Brookma~ seconded by Smith, to adopt a substitute motion to recommend to the City Council approval of the donation of three ( 3) "waves" to the Des Plaines Historical Society and hold the remaining "waves" for possible placement along the Riverwalk or in front of City Hall; and Staff to look into other options. Upon roll call, the vote was: AYES: NAYS: 5-Beauvais, Christiansen, Sayad, Brookman, Smith 3-Murphy, Becker, Argus ABSENT: 0-None Motion declared carried. Director of Public Works Dusckett reviewed his memo of April 5, 2007 which states that Staff was directed to investigate the status of a proposed sign installation at the Radlein Detention Basin; Mr. James Johnson from Thermal Construction has made an offer to donate $200-$300 towards a sign because the property abuts his proposed development. Alderman Murphy stated that the City Council should establish a policy that private entities pay sign costs. Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the installation of a sign at the Radlein Detention Basin, accept donation from Mr. James Johnson of Thermal Construction in the amount of $200-$300 towards the sign, and approve City funds in an amount not-to-exceed $ 700, for a total installation cost of approximately $1,000. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that Mr. Radlein was a wonderful person; his family has done a lot for the community. Motion declared carried. Alderman Murphy voted no. MAYOR PRO TEM CHRISTIANSEN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. ORDINANCE Z-12-07 CONDITIONAL USE/1450 TOUHY: ORDINANCE M-23-07 AMENDMENT/ MASSAGE ESTABLISHMENT ORDINANCE: ORDINANCE M-15-07 CHANGE OF ADDRESS, LATE FILING, PENALTIES & APPEAL PROCESS: ORDINANCE M-17-07 CREATION OF ETHICS OFFICER POSITION: ORDINANCE M-18-07 TIF PROPERTY OWNERSHIP BY CITY OFFICIALS & STAFF: ORDINANCE M-17-07 CREATION OF ETHICS OFFICER POSITION: RECONSIDER- ATION 238 4/16/07 PAGE TWELVE Moved by Becker, seconded by Sayad, to advance t o Second Reading and adopt Ordinance Z-12-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO OPERATE A CLASS A RESTAURANT, ACCESSORY TO A HOTEL, IN THE C-2, LIMITED OFFICE COMMERCIAL DISTRICT IN ACCORDANCE WITH SECTION 7.305 C. OF THE ZONING CODE AT 1450 EAST TOUHY AVENUE, DES PLAINES, ILLINOIS. (CASE #07-04-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. Moved by Murphy, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-23-07, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 10 "MASSAGE ESTABLISHMENTS," OF THE CITY OF DES PLAINES CITY CODE. was: Upon roll call, the vote AYES: 8-Beauvais, Brookman, NAYS: 0-None ABSENT: 0-None Christiansen, Murphy, Becker, Smith, Argus Motion declared carried. Sayad, Moved by Murphy, seconded by Becker, to adopt Ordinance M-15-07, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE I fl CHAPTER 9 I "CODE OF ETHICS I fl SECTION 5 I "DISCLOSURE I fl OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 6-Beauv ais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Murphy, seconded by Argus, to adopt Ordinance M-1 7-07 I AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE I fl CHAPTER 9 I "CODE OF ETHICS I fl: SECTION 10, "ENFORCEMENT AND PENALTIES," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: NAYS: 4-Beauvais, Murphy, Smith, Argus 4-Christiansen, Sayad, Brookman, Becker ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote). Moved by Murphy, seconded by Becker, to POSTPONE until May 7, 2007, adoption of Ordinance M-18-07, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF DES PLAINES REGARDING TAX INCREMENT ALLOCATION REDEVELOPMENT. Motion declared carried. Moved by Smith, seconded by Murphy, to reconsider the vote on the motion to adopt Ordinance M-1 7-07, Creation of Ethics Officer Position. 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. M-17-07 ---- (Cont'd.) WARRANT REGISTER: Resolution R-61-07 LOBBYIST CONTRACT/ ALL-CIRCO: CONCRETE "WAVES" DISPOSAL OPTIONS/ REMOVED FROM RIVER RD. & MINER ST.: 239 4/16/07 PAGE THIRTEEN Moved by Smith, seconded by Murphy, to adopt a substitute m~tion to POSTPONE until May 7, 2007, adoption of Ordinance M-17-07, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE I II CHAPTER 9 I "CODE OF ETHICS I II SECTION 10 I "ENFORCEMENT AND PENALTIES I II OF THE CITY OF DES PLAINES CITY CODE. carried. Motion declared Moved by Sayad, seconded by Becker, to concur with recommendation of Cammi t tee of the Whole to adopt Resolution R-61-07, 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: $3, 538, 884. 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. Alderman Christiansen abstained from voting on Voucher #03248 The Center of Concern, in the amount of $6, 115 (conflict of interest -member of the Board of Directors) and Voucher #91944 -Self- Help Closet & Pantry, in the amount of $9,015 (conflict of interest a family member serves on the Board) . Alderman Smith abstained from voting on Voucher #13253 -Des Plaines Senior Center, in the amount of $6, 855 (conflict of interest -member of the Board of Directors). Moved by Sayad, seconded by Becker, to concur with recommendation of Committee of the Whole to renew the contract with lobbyist All-Circa, Inc., 111 W. Washington Street, Suite 1920, Chicago, IL 60620, for a two-year period from November 1, 2006 through October 31, 2008, in the amount of $75,000 per year 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. Moved by Smith, seconded by Becker, to concur with recommendation of Committee of the Whole to approve the donation of three ( 3) waves to the Des Plaines Historical Society and hold the remaining "waves" for possible placement along the Riverwalk or in front of City Hall; and Staff to look into other options. 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. RADLE IN RETENTION BASIN SIGN/ESSER COURT: AD JOUR.J.'1MENT : 240 4/16/07 PAGE FOURTEEN Moved by Smith, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve the installation of a sign at the Radlein Detention Basin, accept donation from Mr. James Johnson Thermal Construction in the amount of $200- $300 towards the sign, and approve City funds in an amount not-to-exceed $700, for a total installation cost of approximately $1, 000. 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 Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:21 p.m. Nancy Pet CLERK APPROVED BY ME THIS ~~'-l~~-