06-18-2007261
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, JUNE 18, 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 Civic Center on
Monday, June 18, 2007.
ROLL CALL: Roll call indicated the following aldermen present:
Moylan, Murphy, Higgason, Walsten, Smith, Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Beauvais arrived in Executive Session at 6:03 p.m.
Alderman Brookman arrived in Executive Session at 6:05
p.m.
Also present were: Acting City Manager Baj or, Assistant Director o f
Finance Raymond, Police Chief Prandini, Deputy Fire Chief Jaeger,
Director of Engineering Oakley, Director of Public Works Dusckett,
Director of Community & Economic Development Conlan, Deputy Director of
Community & Economic Development Angell and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER:
WELCOME:
INTRODUCTION:
RECOGNITION:
Moved by Smith, seconded by Argus, to go into Executive
Session to discuss personnel. Upon roll call, the vote
was:
AYES: 6-Moylan, Murphy, Higgason,
Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 2-Beauvais, Brookman
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:15 p.m.
Roll call indicated the
Beauvais, Moylan, Murphy,
Smith, Argus.
following aldermen
Higgason, Brookman,
present;
Walsten,
The opening prayer was given by Reverend Tim Roames, Good
News Christian Center, followed by the Pledge of
Allegiance to the Flag.
Mayor Arredia welcomed the students from Maine West High
School who are participating in the City's Clinical
Government Program, which is now in its 32nd year.
Deputy Fire Chief Jaeger introduced Fire Lieutenant Pete
Dyer who has been appointed as the new Division Chief of
Emergency Medical Services.
Mayor Arredia introduced Donna Catlett, President of the
Des Plaiens Arts Council, along with Council member Linda
Traina, who recognized the following 2007 scholarship
recipients:
Megan Bricks, Orchard Place Elementary School
Simon Giavaras, Algonquin Middle School
Samantha Haring, Maine West High School
Evania Hong, Central Elementary School
Chris Linenberger, Maine West High School
Tracy Matz, Elk Grove High School
Jacqueline Ortiz, Forest Elementary Scholol
Kaitlyn Piskorowski, Iroquois Community School
Willow Schneider, Maine West High School
ANNOUNCEMENT:
CITIZEN
PARTICIPA. :
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
PREVAILING
WAGE RATES:
Ordinance
M-30-07
DISPOSITION/
"WAVE"
STRUCTURES:
Ordinance
M-31-07
PAGE TWO
262
6/18/07
Mayor Arredia introduced Mary Dankowski, and members of
the Youth Commission, who announced that the Co-Rec High
School Softball League will play at Rand Park every
Saturday night beginning at 6:15 p.m.; there will be 14
teams with approximately 18 players on a roster.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that he volunteered at the recent Taste
of Des Plaines and saw first hand all the hard work done
by the Special Events Commission and its members; they
did all the "grunt" work; they chose to be on this
Commission which involves so much work.
Mrs. Barbara Van Slambrouck, 286 Stratford Road,
addressed the City Council stating that she and her
husband recently attended a conference in Washington
regarding eminent domain abuse; she passed out literature
and asked the aldermen to consider some of the
information.
Mr. Dion Kendrick, 943 Webster Lane, addressed the City
Council and read a statement (in City Council folder)
regarding the five (5)-corners TIF; he is requesting that
the aldermen either rescind the ordinance establishing
the TIF or remove the abusive power of eminent domain.
Alderman Murphy requested that Items 3, 3a, 14 and 15 be
removed from the Consent Agenda; Alderman Walsten
requested that Items 4 and 4a be removed; and City Clerk
McAllister stated that a resident requested that Items
7, 8 and 9 be removed.
Moved by Beauvais, seconded by Murphy, to establish a
Consent Agenda except for Items 3, 3a, 4, 4a, 7, 8, 9,
14 and 15. Motion declared carried.
Moved by Brookman, seconded by Walsten, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Staff recommendations and
requests were approved; minutes were approved; Ordinance
Z-14-07 was adopted; and Resolution R-88-07 was adopted.
Moved by Brookman, seconded by Walsten, to approve
minutes of the regular meeting of the City Council held
June 4, 2007, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Walsten, to approve
minutes of the Executive Session of the City Council
held June 4, 2007. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Moylan, seconded by Murphy, to concur with
Staff recommendation that pursuant to Section 820 ILCS
130/1 of the State Statutes (2004), City establish
prevailing rate of wages for laborers, mechanics and
other workers employed in performing construction of
public works projects for the City -ANNUAL REQUIREMENT;
and further recommend to place on First Reading
Ordinance M-30-07, AN ORDINANCE PURSUANT TO 820 ILCS
130/1, ET SEQ. (2004), AS AMENDED, PERTAINING TO WAGES
OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND
PREVAILING WAGE RATES. Motion declared carried.
Moved by Walsten, seconded by Brookman, to authorize the
disposition of City's concrete "wave" structures
(formerly located at the northwest and southwest corners
of Miner Street and Des Plaines River Road), as follows:
two (2) "waves" to the Des Plaines Historical Society;
up to four (4) to the Des Plaines Park District, four
(4) for the City's Riverwalk, and the remainder oft~
"WAVES"
(Cont'd.)
ADDENDUM/
IDNR GRANT
AGREEMENT
CONTRACT
#216:
Consent
Agenda
Resolution
R-88-07
LIQ. LIC./
590 E.
CENTRAL RD . :
Consent
Agenda
PATIO
VARIATION/
2883
EISENHOWER:
PATIO
VARIATION/
458 N.
FIFTH AVE.:
PAGE THREE
263
6/18/07
"waves" be held at Public Works Department for future
disposition; and further recommend to place on First
Reading Ordinance M-31-07, AN ORDINANCE AUTHORIZING THE
DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE
WITH CITY CODE SECTION 1-12-4.
Moved by Beauvais, seconded by Brookman, to suspend the
rules to permit public input on this matter. Motion
declared carried.
Mr. Ron Friedman, 1613 Stockton Avenue, addressed the
City Council suggesting that this could become a City-
wide painting project; they would make a wonderful
canvas for people to paint and place around town; do not
make a decision tonight.
Moved by Murphy, seconded by Argus, to adopt a
substitute motion to POSTPONE until July 16, 2007,
further discussion on disposition of the concrete "wave"
structures; and an Ad Hoc Cammi ttee be formed with
Alderman Walsten as its Chair to review the options for
disposition of the "waves." Motion declared carried.
Moved by Brookman, seconded by Walsten, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute "Addendum Number One" to "Grant Agreement -
Contract #216" with Illinois Department of Natural
Resources (approved by the City Council on May 1, 2006 -
Resolution R-74-06), to extend the expiration date of
the Grant from June 30, 2007 to June 30, 2008, in order
for Maine Township to receive the balance of the Build
Illinois Funds in the amount of $187,353 to complete
their Prairie Creek (Kennedy Drive to Robin Drive)
restoration project; Des Plaines has already received
its share of the Grant in the amount of $123,597 for
land rights and partial building demolition costs on the
Levee 50, Phase III Project; and further recommend to
adopt Resolution R-88-07, A RESOLUTION AUTHORIZING THE
EXECUTION OF ADDENDUM NUMBER ONE TO AN INTERGOVERNMENTAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DES PLAINES
AND THE STATE OF ILLINOIS/DEPARTMENT OF NATURAL
RESOURCES FOR THE CITY'S ACCEPTANCE OF BUILD ILLINOIS
FUNDS FOR THE RAND PARK FLOOD CONTROL PROJECT AND THE
REHABILITATION OF PRAIRIE CREEK AND FARMERS CREEK AND
RESTORATION OF AREAS OF PRAIRIE CREEK AND FARMERS CREEK.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Walsten, to concur with
Staff recommendation to grant request for Change of
Ownership of Class B -Bulk Sales Dealers Liquor License
for property located at 590 E. Central Road, d/b/ a
Payless Liquors; contingent upon verification of
fingerprints. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Walsten, to concur with
Staff recommendation to grant request for Variation to
Section 4-1 7-11 of the Building Code Amendments to
permit construction of a 30' x 30' patio in the rear
yard of property located at 2883 Eisenhower Drive (Code
prohibits patios from extending more than 15' from the
building foundation) . Motion declared carried.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to grant request for Variation to
Section 4-1 7-11 of the Building Code Amendments to
permit construction of addition to existing patio that
would measure 33' x 14' in the rear yard of property
located at 458 N. Fifth Avenue (Code prohibits patios
from extending more than 15' from the building
foundation) . Motion declared carried.
PATIO
VARIATION/
2319
DOUGLAS AVE . :
REJECT BID &
READVERTISE/
DOWNTOWN
LANDSCAPING:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
Z-14-07
CONDIT. USE/
3067
MANNHEIM:
Consent
Agenda
ORDINANCE
Z-15-06
MAP AMEND./
755 SEEGERS:
ORDINANCE
Z-16-06
AS AMENDED
PRELIM. PUD/
755 SEEGERS:
WARRANT
REGISTER:
PAGE FOUR
264
6/18/07
Moved by Brookman, seconded by Murphy, to concur with
Staff recommendation to grant request for Variation to
Section 4-1 7-11 of the Building Code Amendments to
permit construction of a 36' x 18'6" patio in the rear
yard of property located at 2319 Douglas Avenue (Code
prohibits patios from extending more than 15' from the
building foundation). Motion declared carried.
Moved by Brookman, seconded by Walsten, to concur with
Staff recommendation to reject all bids received on June
6, 2007 for Comprehensive Landscape Plan for Downtown
Des Plaines to clarify bids specifications, and City
Clerk be authorized to readvertise for bids, returnable
by 3:00 p.m., Thursday, June 5, 2007. Motion declared
carried as approved unanimously under Consent Agenda
Moved by Brookman, seconded by Walsten, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Wolf Road-Central Road Pedestrian
Signal Improvements, returnable by 3:00 p.m., Thursday,
July 5, 2007. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Walsten, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Oakton Street Storm Water Pumping
Station Rehabilitation, returnable by 3:00 p.m., Monday,
July 23, 2007. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Walsten, to adopt
Ordinance Z-14-07, AN ORDINANCE ALLOWING FOR A
CONDITIONAL USE PERMIT TO EXPAND AN EXISTING DRIVE
THROUGH FACILITY AS PART OF A COMMERCIAL DEVELOPMENT,
WITH A VARIATION TO ALLOW 58 PARKING SPACES, INSTEAD OF
61 PARKING SPACES, AS REQUIRED, AT 3067 MANNHEIM ROAD,
DES PLAINES, ILLINOIS (Case 07-19-CU) . Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to POSTPONE until
July 2, 2007, Second Reading of Ordinance Z-15-06, AN
ORDINANCE GRANTING A MAP AMENDMENT FROM M-2 GENERAL
MANUFACTURING TO R-3 TOWNHOUSE RESIDENTIAL FOR THE
PROPERTY LOCATED AT 755 SEEGERS ROAD, DES PLAINES,
ILLINOIS (Case 06-03-PUD) . Motion declared carried.
Moved by Murphy, seconded by Higgason, to POSTPONE until
July 2, 2007, Second Reading of Ordinance Z-16-06, AN
ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY
PLANNED UNIT DEVELOPMENT (PUD) FOR 755 SEEGERS ROAD, DES
PLAINES, ILLINOIS (Case 06-03-PUD). Motion declared
carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Smith, Chair
Moved by Beauvais, seconded by Brookman, to recommend to
the City Council approval of the June 18, 2007 -Warrant
Register, in the total amount of $7,388,743.56, and
further recommend that Resolution R-89-07 be adopted at
appropriate time this evening. Motion declared carried.
DOWNTOWN
PARKING-
TRAFFIC
STUDY:
BID AWARD/
DEMOLITION OF
3003 MANNHEIM
AND 3036
ORCHARD PL . :
PAGE FIVE
COMMUNITY DEVELOPMENT -Alderman Murphy, Chair
265
6/1 8/07
Director of Community & Economic Development Conlan
stated that this is more than just a parking study , it
is a comprehensive tool in determining the course of
redevelopment in the downtown business districts for the
foreseeable future; the Study was prepared by Rich &
Associates, with T.Y. Lin International as sub-
contractor (approved by the City Council on February 6 ,
2006 -Resolution R-21-06 for a total of $84,947).
Planner John Revell, Rich & Associates, and Chief
Planner Jim Considine, T.Y. Lin International, gave a
PowerPoint presentation and answered questions from the
aldermen.
Mr. John Revell stated that one of their recommendations
is that the City adopt a standard of 1.75 parking spaces
per residential unit for future residential and mixed-
use projects in the downtown district; the current
parking space standard of 2.0 spaces per unit within the
Zoning Code is not necessarily applicable or desirable
in all instances; Staff supports this recommendation o f
1.75 spaces per unit and, where warranted, review the
standard where shared parking makes good economic and
design sense.
Alderman Brookman stated that she thinks that the 1.75
spaces per unit should be implemented throughout the
City.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that the one-way streets
downtown makes it rather complex to get around at times;
there should be a traffic light on Miner Street b y the
train station; it is very dangerous there.
Mr. Ron Moore, 1480 Jefferson Street, addressed the
Committee of the Whole asking why we needed a consultant
to tell us that we have surplus parking; it depends on
the time of day when the survey is taken; during the day
everyone is at work; also, the streets throughout the
City should be marked with parking spaces, so one car
can't take up two (2) parking spaces.
Mr. John Milstead, 2515 Church Street, addressed the
Committee of the Whole stating that there should be Ward
meetings about this; there is too much to understand a l l
at once.
Moved by Murohv, seconded by Beauvais, to concur with
Staff recommendation and recommend to the City Council
to approve Parking-Traffic Study as prepared by Rich &
Associates, 21800 W. Ten Mile Road, Suite 209,
Southfield, MI 48075, with T.Y. Lin International as
sub-contractor, and if any of the recommendations
involve policy changes or expenditure of funds, they
would be discussed in committee and then brought bac k t o
the City Council for approval. Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Murphy, seconded by Beauvais, to concur with
Staff recommendation and award bid for Demolition of
3003 Mannheim Road (Travelodge) and 3036 Orchard Place
(AC Pavement Striping) to the lowest bidder, Albrecht
Enterprises, 1684 E. Oakton Street, Des Plaines, in the
total bid amount of $123, 888/TIF District #6 Funds .
Upon roll call, the vote was:
AMENDMENT August 6, 2007
Page Five under "BID AWARD/DEMOLITION OF 3003 MANNHEIM
ROAD AND 3036 ORCHARD PLACE," before first paragraph
insert:
"Alderman Argus voiced concern over Metropolitan Square
and the City's lack of competitive bidding for the
demolition of the entire. site; demolition cost the
City's taxpayers over $1.4 million dollars.
Alderman Argus directed the following questions to Tim
Oakley:
1. How many individual change orders were there for the
additional $1,433,571.87 added to the project and what
were the individual dollar amourits? Who approved each
of these individual change orders?
2. How come the initial contract for the demolition of
the 1538 and 1550 Park Place buildings was not sent to
bid and simply entered in to between the city manager and
Albrecht?
3. When it was evident that additional building
demolition and environmental remediation was necessary
(at a cost of $1.4 million), who was notified? (And who
should be notified per procedues when this happens?)
4. You say that the City could not benefit from
competitive bidding or economy of scale for the
additional work because 'the work scope was added by
change order or individual invoice' as the city acquired
properties at the site. This makes it sound as though
nobody planned for or was aware that we would be in the
process of acquiring more sites. Shouldn't somebody
have been able to anticipate we would be acquiring more
sites?
5. How much of the additional $1.4 million was due to
new sites acquired and how much due to environmental
remediation?
6. Who was responsible for the overall plan of new
sites acquired? Who is responsible for the identification
of environmental remediation costs bef~re the project starts?
7. Wasn't there somebody in the finance department who
approved these payments to Tucker/Freed for an amount that
so exceeded the original contract that questioned why this
was happening? Are there any identified checks/balances
for the finance dept. to notify city controller/economic
development committee/or city council when such large
overages have occurred?
Alderman Argus stated that she would like some further
information re 3003 Mannheim Road to understand why Albrecht
believes that he can do the work for $132,000 less than the
engineer's estimates.
Alderman Argus stated that she could not approve any further
demolition/engineering projects until the city council members
obtain and approve a document that outlines the policies and
procedures that ensure a specific project is either managed
within a specified level of the original bid or follows
specific previously identified and out1ined procedures when it
is necessary to significantly exceed the original bid amount."
BID AWARD
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-89-07
DOWNTOWN
PARKING-
TRAFFIC
STUDY:
EXECUTIVE
SESSION:
PERSONNEL/
ETHICS
OFFICER
REPORT:
PAGE SIX
AYES: 7-Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith
NAYS: 1-Argus
ABSENT: 0-None
Motion declared carried.
266
6/18/07
Moved by Smith, seconded by Brookman, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-89-07, 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:
$7,388,743.56. Upon roll call, the vote was:
AYES: 8-Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Murphy, seconded by Brookman, to concur with
recommendation of Cammi ttee of the Whole to approve
Parking-Traffic Study as prepared by Rich & Associates,
21800 W. Ten Mile Road, Suite 209, Southfield, MI 48075,
with T.Y. Lin International as sub-contractor, and if
any of the recommendations involve policy changes or
expenditure of funds, they would be discussed in
committee and then brought back to the City Council for
approval. Motion declared carried.
Moved by Brookman, seconded by Walsten, to go into
Executive Session to discuss personnel. Upon roll call,
the vote was:
AYES: 6-Murphy, Higgason, Brookman,
Walsten, Smith, Argus
NAYS: 2-Beauvais, Moylan
ABSENT: 0-None
Motion declared carried.
The City Council recessed at 9:55 p.m.
The City Council reconvened at 10:18 p.m.
Roll call indicated the following aldermen present:
Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten,
Smith, Argus.
Moved by Brookman, seconded by Walsten, to concur with
consensus in Executive Session that the complaint
regarding the conduct of former Alderman Tom Becker was
reviewed extensively by the Ethics Officer, City
Attorney Wiltse, and it was determined that the
integrity of the hiring process of the Board of Fire and
Police Commissioners was not interfered with, nor
influenced, and was not compromised as a result of the
actions of former Alderman Tom Becker; and al though
former Alderman Tom Becker's actions may be viewed as
inappropriate, his actions did not violate the City's
Code of Ethics; and it was further agreed that Staff be
authorized to review and draft possible ordinances and
policy changes and report back to the City Council.
Upon roll call, the vote was:
AYES: 8-Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
ADJOURNMENT:
PAGE SEVEN
267
6/18/07
Moved by Murphy, seconded by Higgason, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:25 p.m.
~~Cl
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS g ·
DAY OF 2007