05-21-2007252
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, MAY 21, 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 6:06 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines
Civic Center on Monday, May 21, 2007.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Becker,
Smith. Alderman Argus arrived in Executive Session
at 6:08 p.m. Alderman Brookman arrived in Executive
Session at 6:09 p.m.
Also present were: Assistant City Manager Bajor, 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 Fire Chief Jaeger
and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
CITIZEN
PARTICIPA.:
Moved by Sayad, seconded by Murphy, to go into
Executive Session to discuss setting price for sale-
lease of property, probable-imminent litigation and
personnel. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried.
The City Council recessed at 6:07 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
First United Methodist Church,
Pledge of Allegiance to the Flag.
Bonnie Campbell,
followed by the
Mr. Wayne Serbin, 835 Pearson Street, addressed the
City Council stating that he was at the Mt. Prospect
Public Works facility for their annual Open House on
May 19th; it was very enjoyable and informative.
Mr. Steve Schaefer, 835 Pearson Street, addressed
the City Council stating that May 24th and May 25th
are Poppy Day; please give generously; the Veterans'
groups in Des Plaines will be holding several
ceremonies and a parade on Memorial Day.
Mr. John Milstead, 2515 Church Street, addressed the
City Council stating that he lives at Church Street
and Potter Road; the Mosque parking on Fridays
overflows to his street, the cars block the
mailboxes and mail is then not delivered.
CITIZEN PART.
(Cont'd.)
PERSONNEL/
EVALUATION-
CONTRACT OF
CITY MANAGER:
SETTING PRICE
FOR SALE-LEASE
OF PROPERTY/
2942 CURTIS
STREET:
Ordinance
M-24-07
PROBABLE-
IMMINENT
LITIGATION/
POST OFFICE
FACILITY
684 LEE ST.:
CONSENT
AGENDA:
253
5/21/07
PAGE TWO
Ms. Ann Bahnsen, 321 Lynn Court, addressed the City
Council stating that she wants to thank Alderman
Christiansen and Alderman Becker for their years of
service; she presented a plaque to Alderman Sayad as
special thank you for being the best 4th Ward
Alderman ever.
Moved by Murphy, seconded by Say ad, to concur with
consensus in Executive Session that the City Council
accept the resignation of City Manager David
Niemeyer, effective May 21, 2007, and as a condition
of the resignation, authorize the Mayor to sign a
settlement agreement, authorizing seven ( 7) months
salary and a contribution of $10,000 to his 457
Nationwide (PEBSCO) Deferred Compensation Plan on
his anniversary date of July 21st . Motion declared
carried.
Moved by Becker, seconded by Brookman, to concur
with consensus in Executive Session to vacate an
alley at 2942 Curtis Street and setting the price
for the sale of that property at $90, 000 to Randy
Drozdowicz, 2811 Scott Street, Des Plaines, IL
60018; and further recommend to place on First
Reading Ordinance M-24-07. Motion declared carried.
Moved by Becker, seconded by Brookman, to advance to
Second Reading and adopt Ordinance M-24-07, AN
ORDINANCE FOR THE VACATION OF 2942 CURTIS STREET IN
DES PLAINES AS IS MORE FULLY DESCRIBED HEREIN.
roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Upon
Moved by Murphy, seconded by Christiansen, to concur
with consensus in Executive Session and settle the
dispute between the City and Franczak & Associates
in the amount of $8, 500 regarding the build out of
the U.S. Post Office facility at 684 Lee Street and
authorize the Mayor to sign and the City Clerk to
attest the Settlement Agreement. Upon roll call,
the vote was:
AYES: 8-Beauvais,
NAYS:
Brookman,
0-None
ABSENT: 0-None
Christiansen, Murphy, Sayad,
Becker, Smith, Argus
Motion declared carried.
Alderman Becker requested that Items 7 and 7a be
removed from the Consent Agenda; Alderman Murphy
requested that Item 14 be removed and Alderman
Brookman requested that Item 15 be removed.
Moved by Beauvais, seconded by Sayad, to establish a
Consent Agenda except for Items 6, 6a, 14 and 15.
Motion declared carried.
CONSENT
(Cont'd.)
MINUTES:
Consent
Agenda
TRAFFIC
RESTRICTION/
ALLES STREET:
Consent
Agenda
Ordinance
T-4-07
TRAFFIC
RESTRICTION/
WHITE STREET:
Consent
Agenda
Ordinance
T-5-07
25k.
5/21/07
PAGE THREE
Moved by Murphy, 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.
The minutes were approved;
requests were approved;
adopted; and Ordinances
placed on First Reading.
Staff recommendations and
Ordinance M-25-07 was
T-4-07 and T -5-07 were
Moved by Murphy, seconded by Argus, to approve
minutes of the Special meeting of the City Council
held April 30, 2007, as published. Motion declared
carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to approve
minutes of the Executive Session of the City Council
meeting held April 30, 2007. Motion declared
carried as approved unanimously
Agenda.
under Consent
Moved by Murphy, seconded by Argus, to approve
minutes of the regular meeting of the City Council
held May 7, 2007, as published. Motion declared
carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to
minutes of the Executive Session of the City
meeting held May 7, 2007. Motion declared
as approved unanimously under Consent Agenda.
approve
Council
carried
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to amend Title 7, Chapter 5,
Section 4 -"Stop Streets" of the City Code to move
Alles Street at Brown Street from Subsection 7-5-4C
as a three-way stop intersection; and further
recommend to place on First Reading Ordinance T-4-
07 I AN ORDINANCE AMENDING TITLE 7 I "MOTOR VEHICLES
AND TRAFFIC," CHAPTER 5, "ONE-WAY, STOP AND YIELD
STREETS I II SECTION 4 I "STOP STREETS I II OF THE CITY OF
DES PLAINES CITY CODE. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to amend Title 7, Chapter 3,
Section 4 -"Parking Limited in Designated Places,"
Schedule II F. of the City Code to delete three (3)-
hour parking restriction on the west side of White
Street from Algonquin Road to Ashland Avenue and
replace it with three ( 3) -hour parking restriction
on the west side of White Street 100' north of
Algonquin Road to Ashland Avenue (housekeeping
action) ; and further recommend to place on First
Reading Ordinance T-5-07, AN ORDINANCE AMENDING
TITLE 7 I "MOTOR VEHICLES AND TRAFFIC I II CHAPTER 3 I
"STOPPING I STANDING AND PARKING I II SECTION 4 I
"PARKING LIMITED IN DESIGNATED PLACES," SCHEDULE II,
SUBSECTION F. I "THREE HOUR PARKING LIMIT I II OF THE
CITY DES PLAINES CITY CODE. Motion declared carried
as approved unanimously under Consent Agenda.
INTERGOVERN.
AGREEMENT,
D.P. PARK
DISTRICT,
SECURITY
SERVICES:
Resolution
R-78-07
LIQ. LIC./
1249 s.
ELMHURST:
Consent
Agenda
LIQ. LIC./
1505 OAKTON:
Consent
Agenda
PATIO
VARIATION/
241 s.
WARRINGTON:
Consent
Agenda
255
5/21/07
PAGE FOUR
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council asking if the Auxiliary Police Officers
assigned to Des Plaines Park District facilities are
sworn Police Officers; what type of services will
they perform.
Police Chief Prandini stated that Auxiliary Police
Officers are not sworn Police Officers, but they do
go through specialized training; they can issue
tickets, but the Police Department will be called
with any problems or serious issues.
Moved by Becker, seconded by Sayad, to concur with
Staff recommendation to authorize Mayor and City
Clerk to execute "Intergovernmental Agreement" with
the Des Plaines Park District, 2222 Birch Street, to
provide security services by trained
Reserve/Auxiliary Police Officers at various Des
Plaines Park District facilities during summertime
hours from May 25, 2007 through September 4, 2007,
at a cost of $22.50 per hour for each police
officer; and further recommend to adopt R-78-07, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
SECURITY SERVICES AT ALL PARK DISTRICT FACILITIES
BETWEEN THE CITY OF DES PLAINES AND THE DES PLAINES
PARK DISTRICT. 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 Argus, to concur with
Staff recommendation to grant request for Change of
Ownership of Class A Tavern Liquors Dealers
License for property located at 1249 S. Elmhurst
Road, d/b/a Crab & Things; contingent upon
verification of fingerprints. Motion declared
carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to grant request for change of
Ownership of Class B Bulk Sales Dealers Liquor
License for property located at 1505 Oakton Street,
d/b/a Joey's Liquors; contingent upon verification
of fingerprints. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to grant request for Variation
to Section 4-7-11 of the Building Code Amendments
for property located at 241 S. Warrington Road, to
permit construction of a 22' x 14' rear patio that
would start 5' from building foundation (Code
prohibits patios from extending more than 15' from
the building foundation) . Motion declared carried
as approved unanimously under Consent Agenda.
PATIO
VARIATION/
2279 WESTVIEW:
Consent
Agenda
PATIO
VARIATION/
2281 WESTVIEW:
Consent
Agenda
PATIO
VARIATION/
1086 PROSPECT:
Consent
Agenda
PARKING PAD
VARIATION/
1172 S. RIVER:
SANITARY SEWER
DAMAGE/
REIMBURSEMENT/
190 E.
FREMONT:
256
5/21/07
PAGE FIVE
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to grant request for Variation
to Section 4-7-11 of the Building Code Amendments
for property located at 2279 Westview Drive, to
permit construction of a 21' x 24' rear patio (Code
prohibits patios from extending more than 15' from
building foundation) Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to grant request for Variation
to Section 4-7-11 of the Building Code Amendments
for property located at 2281 Westview Drive, to
permit construction of a 17' x 24' rear patio (Code
prohibits patios from extending more than 15' from
building foundation) Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to grant request for Variation
to Section 4-7-11 of the Building Code Amendments
for property located at 1086 Prospect Lane, to
permit expansion of existing patio from 8' x 15' to
33' x 36' (Code prohibits patios from extending more
than 15' from the building foundation). Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Murphy, seconded by Christiansen, to concur
with Staff recommendation to grant request for
Variation to Section 4-7-11 of the Building Code
Amendments to permit construction of a 12' x 25'
parking pad on the north side of existing 18' x 60'
driveway, on property located at 1172 S. River Road.
Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to
POSTPONE until June 4, 2007, Staff recommendation to
authorize reimbursement to Armando Garduno, 190 E.
Fremont Avenue for damage done to his sanitary sewer
service by the contractor, DiPaolo Company, when
they constructed the 72" diameter storm sewer along
Fremont Avenue; reimbursement in the amount of
$13, 700/Capital Project Fund will be deducted from
contractor's final payment.
Moved by Brookman, seconded by Murphy, to adopt a
substitute motion to concur with Staff
recommendation to authorize reimbursement to Armando
Garduno, 190 E. Fremont Avenue for damage done to
his · sanitary sewer service by the contractor,
DiPaolo Company, when they constructed the 72"
diameter storm sewer along Fremont Avenue;
reimbursement in the amount of $13,700/Capital
Project Fund, will be deducted from contractor's
final payment. 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.
PURCHASE OF
TRAFFIC SIGN
MAKING SYSTEM:
Consent
Agenda
PURCHASE OF
ELECTRICAL
DISTRIBUTION
EQUIPMENT:
Consent
Agenda
BID AWARD/
LEAF LOADER:
Consent
Agenda
AWARD BID/
WATER SYSTEM
LEAK
DETECTION:
Consent
Agenda
AWARD BID/
UNDERGROUND
FUEL STORAGE
TANK &
DISPENSER:
Consent
Agenda
AWARD BID/
REPAIR &
UTILITY
LOCATION OF
STREET LIGHTS
& UNDERGROUND
WIRING:
Consent
Agenda
257
5/21/07
PAGE SIX
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to accept proposal from
Traff Tech, Inc., 828 W. Larabee Street, Park
Washington, WI 53074, for the purchase of
Computerized Traffic Sign Making System, in the
total amount of $23,825/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 Murphy, seconded by Argus, to concur with
Staff recommendation to accept proposal from Power
Temp Systems, Inc ., 914 Gemini, Houston, TX 77058,
to purchase Electrical Distribution Equipment in the
total amount of $6,393/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 Murphy, seconded by Argus, to concur with
Staff recommendation to award bid for Tow Behind
Self-Contained Leaf Loader to the lowest bidder, ODB
Company, 5118 Glen Alden Drive, Richmond, VA 23231,
in the total bid amount of $30, 143/Budgeted Funds.
Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to award bid for Two (2) -Year
Water System Leak Detection Contract to the lowest
bidder, D.S.M. Solutions, Inc., 43 North Street, #2,
Marcellus, NY 13108, for the Year One (1) cost of
$0.01856 per foot/$98 per mile and Year Two (2) cost
of $0. 01856 per foot/$98 per mile/Budgeted Funds.
Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to award bid for Underground
Fuel Storage Tank and Dispenser replacement to
Petroleum Technologies Equipment, 8447 W. 44th Place,
Lyons, IL 60534, in the bid amount of $123,115, and
approve option #1 (canopy) at a cost of $29,650, for
a total bid amount of $152, 765. Motion declared
carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation to award bid for Repair and
Utility Location of Street Lights and Underground
Wiring on an "as needed" basis to single bidder, H&H
Electric, 2830 Commerce Street, Franklin Park, IL
60131, as follows: Labor/7 a.m. to 3:30 p.m.,
Monday through Friday -$65 per hour; 3:30 p.m. to 7
a.m., nights and weekends -$97.50 per hour; Bucket-
Lift Truck -$35 per hour; Backhoe -$35 per hour;
Trencher -$20 per hour; Service Truck -$13.50 per
hour; Air Compressor -$10 per hour; Pickup Truck -
$11 per hour; Parts Markup -10% over contractor's
cost/all Budgeted Funds. Motion declared carried as
approved unanimously under Consent Agenda.
ADVERTISING
FOR BIDS/
COMPREHENSIVE
LANDSCAPE PLAN
FOR DOWNTOWN:
Consent
Agenda
ORDINANCE
M-25-07
LIQ. LIC./
647 N. WOLF:
Consent
Agenda
ORDINANCE
T-4-07
TRAFFIC
RESTRICTION/
ALLES STREET:
WARRANT
REGISTER:
258
5/21/07
PAGE SEVEN
Moved by Murphy, seconded by Argus, to concur with
Staff recommendation that City Clerk be authorized
to advertise for bids for Comprehensive Landscape
Plan for Downtown Des Plaines, returnable by 3: 00
p.m., Wednesday, June 6, 2007. Motion declared
carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to adopt
Ordinance M-2 5 -0 7, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS I II CHAPTER 4 I "INTOXICATING
LIQUORS I" SECTION 5 I "LICENSE FEES AND NUMBER, II OF
THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR
LICENSE FOR ARA II, INC., D/B/A MGM BILLIARDS
LOCATED AT 647 N. WOLF ROAD, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Beauvais, seconded by Murphy, to advance to
Second Reading and adopt Ordinance T-4-07, AN
ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND
TRAFFIC," CHAPTER 5, "ONE-WAY, STOP AND YIELD
STREETS," SECTION 4, "STOP STREETS," OF THE CITY OF
DES PLAINES CITY CODE. Upon roll call, the vote
was:
AYES: 8-Beauvais,
Brookman,
NAYS: 0 -None
ABSENT: 0-None
Christiansen, Murphy, Sayad,
Becker, Smith, Argus
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION -Alderman Sayad, Chair
Moved by Smith, seconded by Christiansen, to
recommend to the City Council approval of the May
21, 2007 -Warrant Register, in the total amount of
$5,200,255.94; and further recommend that Resolution
R-79-07 be adopted at appropriate time this evening.
Motion declared carried.
Alderman Christiansen abstained from voting on
Voucher #102015 The Center of Concern, in the
amount of $3, 750 (conflict of interest -member of
the Board of Directors).
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
WARRANT
REGISTER:
Resolution
R-79-07
RECESS:
PRESENTATION:
SWEARING-IN
CEREMONY:
COUNCIL
RECONVENED:
APPOINTMENTS/
REAPPOINT.:
259
5/21/07
PAGE EIGHT
Moved by Sayad, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-79-07, 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: $5,200,255.94. 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 #102015 The Center of Concern, in the
amount of $3, 750 (conflict of interest -member of
the Board of Directors)
Mayor Arredia recessed the meeting at 7:36 p.m. for
the presentation of plaques to the outgoing elected
officials and the swearing-in of the newly elected
officials.
Mayor Arredia presented plaques of appreciation to
the outgoing aldermen: Tom Christiansen Second
Ward, Dick Sayad Fourth Ward and Tom Becker
Sixth Ward.
Judge Mathias W. Delort administered the Oath of
Office to the following newly-elected officials:
Martin J. Moylan -Alderman -Second Ward
Jean Higgason -Alderman -Fourth Ward
Mark Walsten -Alderman -Sixth Ward
Rosemary Argus -Alderman -Eighth Ward
Mayor Arredia called the meeting back to
7: 54 p. m. Roll call indicated the
aldermen present: Beauvais, Moylan,
Higgason, Brookman, Walsten, Smith, Argus.
order at
following
Murphy,
Moved by Argus, seconded by Higgason, to approve the
following Mayoral appointments/reappointments:
Appointments:
SPECIAL EVENTS COMMISSION
Tom Christiansen, term to expire August 31, 2009
Timothy Vana, term to expire August 31, 2010
Reappointments:
ECONOMIC DEVELOPMENT COMMISSION
Cortney Anderson-Wascher, term to expire April 30,
2011
Graham Hills, term to expire April 30, 2011
Robert Shambora, term to expire April 30, 2011
Patricia Smith, term to expire April 30, 2011
Motion declared carried.
Presented for consideration (no action required) was
the following appointment:
CONSUMER PROTECTION
Lisa DuBrock (replacing Bob Porada)
(final action on this matter under Consent Agenda on
June 4, 2007)
COMMITTEES ON
COMMITTEES:
ADJOURNMENT:
260
5/21/07
PAGE NINE
Moved by Murphy, seconded by Moylan, to elect
Alderman Beauvais as Chairman of the Committee on
Committees. Motion declared carried.
Alderman Beauvais announced that the
Committees will meet to reorganize
Committees on Wednesday, May 30, 2007,
in Room 101.
Committee on
the Council
at 6:30 p.m.
Moved by Brookman, seconded by Murphy, that the
regular meeting of the City Council adjourn. Motion
declared carried . Meeting adjou at 8:00 p.m.
/
"" Nancy Pete son -DEPUTY CLERK
APPROVED BY ME THIS ;;;<, ~
DAY OF , 2007