02-19-2008114
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
TUESDAY, FEBRUARY 19, 2008
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
Tuesday, February 19, 2008.
ROLL CALL: Roll call indicated the following aldermen present:
Moylan, Murphy, Higgason, Brookman, Walsten and Argus.
Aldermen Beauvais and Smith were absent. Aldermen Smith
arrived in Exe cu ti ve Session at 6: 03 p .m. Alderman
Beauvais arrived in Executive Session at 6:30 p.m.
Also present were: City Manager Bajor, Acting Director of Finance
Wisniewski, Police
Engineering Oakley,
Community & Economic
Economic Development
Chief Prandini, Fire Chief Jaeger, Director of
Director of Public Works Dusckett, Director of
Development Conlan, Deputy Director of Community &
Angell and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER:
PUBLIC
HEARING/
2008
APPROPRIA. :
CALL TO
ORDER:
DISCUSSION:
Moved by Brookman, seconded by Higgason, to go into
Exe cu ti ve Session to discuss biannual review of Exe cu ti ve
Session minutes and audio recordings, probable-imminent
litigation, acquisition of real property and personnel.
Upon roll call, the vote was:
AYES: 6-Moylan, Murphy, Higgason,
Brookman, Walsten, Argus
NAYS: 0-None
ABSENT: 2-Beauvais, Smith
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:08 p.m.
Roll call indicated the
Beauvais, Moylan, Murphy,
Smith, Argus.
following aldermen present:
Higgason, Brookman, Walsten,
The opening prayer was given by Reverend Steve Hjelle,
Evangelical Free Church, followed by the Pledge of
Allegiance to the Flag.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES
PLAINES CIVIC CENTER, TUESDAY I FEBRUARY 19 I
2008
Mayor Arredia called the Public Hearing to order at 7:07
p.m. The Public Hearing was being held pursuant to legal
notice to give citizens the opportunity to comment on the
proposed Year 2008 Appropriations for fiscal year
beginning January 1, 2008 in the amount of $131,276,202.
Acting Director of Finance Wisniewski gave a brief
overview.
Mayor Arredia asked for comments from the aldermen and
the public. There were none. Further action on this
matter under Committee of the Whole this evening.
The Public Hearing adjourned at 7:08 p.m.
The City Council reconvened at 7:09 p.m.
CITIZEN
PARTICIPA.:
ACQUISITION
OF REAL
PROPERTY/
1401
REDEKER RD. :
PROBABLE-
IMMINENT
LITIGATION/
ILLINOIS
AMERICAN
WATER RATE
INCREASE:
BIANNUAL
REVIEW/
EXEC. SESS.
MINUTES:
EXECUTIVE
SESSION
AUDIO
RECORDINGS:
Resolution
R-25-08
PAGE TWO
115
2/19/08
Mr. Dion Kendrick, 943 Webster Lane, addressed the City
Council and read a statement (in City Council
folder) regarding the possibility of the City acquiriing
property in the Five Corners Area -TIF District #4; at
best, this is premature, and, at worst, a broken promise
by the City Council and administration; the City Council
gave its word that this development would be driven by
the developer-that means he fronts the money, not the
taxpayer; going back on your word is the ultimate
dishonor; don't do it; ever.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council stating that he also would like to talk about the
City acquiring property in the TIF District #4 area; this
has come up before in many different forms; he reminded
the City Council of the promises they made.
Moved by Murphy, seconded by Argus, to concur with
majority agreement in Executive Session that Staff be
authorized to proceed as directed regarding the
acquisition of property located at 1401 Redeker Road.
Upon roll call, the vote was:
AYES: 5-Beauvais, Murphy, Higgason, Smith, Argus
NAYS: 4-Moylan, Brookman, Walsten, Arredia
ABSENT: 0-None
Motion declared carried.
Moved by Brookman, seconded by Argus, to concur with
consensus in Executive Session that Staff be authorized
to file a Petition to Intervene in the rate increase case
filed by Illinois American Water Company, which is
pending before the Illinois Commerce Commission (ICC).
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 Brookman, seconded by Murphy, to concur with
consensus in Executive Session that the following
Executive Session minutes, or portions thereof, no longer
require confidential treatment and are available for
public inspection as recommended by City Attorney Wiltse
in his memo of February 7, 2008:
September 3, 2002 -Acquisition of Real Property
Esser Court
August 16, 2004 -Acquisition of Real Property
2687 and 2695 Mannheim -TIF #6
September 20, 2004 -Personnel
Economic Development Director
October 4, 2004 -Collective Bargaining
DPPFU -Local #4211
DPCOU -Chapter #241
October 18, 2004 -Collective Bargaining
DPPFU -Local #4211
It was also the consensus of the aldermen that the need
for confidentiality still exists as to all or part of the
remaining minutes. Motion declared carried.
Moved by Brookman, seconded by Murphy, to concur with
consensus in Executive Session that those Executive
Session audio recordings which qualify for destruction,
be retained and City Council not adopt Resolution R-25-
08. 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.
CONSENT
AGENDA:
MINUTES/
2/4/08:
EXEC. SESS.
MINUTES/
2/4/08:
Consent
Agenda
ZONING CASE
07-64-CU
CONDIT. USE/
851 s.
ELMHURST:
Consent
Agenda
Ordinance
Z-4-08
FINAL PLAT/
811, 819 AND
851
ELMHURST RD.:
Consent
Agenda
Resolution
R-26-08
FACADE
REHABILITA.
PROGRAM
REBATE/
2777
MANNHEIM:
Resolution
R-27-08
J. J.O
2/19/08
PAGE THREE
Alderman Argus requested that Item 1 be removed from the
Consent Agenda, and Alderman Moylan requested that Items
5 and 5a be removed.
Moved by Murphy, seconded by Argus, to establish a
Consent Agenda except for Items 1, 5 and 5a. Motion
declared carried.
Moved by Murphy, seconded by Brookman, 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. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-4-08 and M-5-08 were adopted; Ordinance Z-4-08 was
placed on First Reading and Resolution R-26-08 was
adopted.
Alderman Argus stated that she would like to make an
amendment to the minutes of the regular meeting of the
City Council held February 4, 2008 to add her comments
regarding the selection of Jason Bajor as City Manager;
she will provide the amendment to City Clerk McAllister
for consideration on March 3, 2008.
Moved by Murphy, seconded by Smith, to POSTPONE until
March 3, 2008 approval of minutes of the regular meeting
of the City Council held February 4, 2008. Motion
declared carried.
Moved by Murphy, seconded by Brookman, to approve
minutes of the Executive Session of the City Council
held February 4, 2008. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 07-64-CU, to grant request for
Conditional Use, with conditions, to permit construction
of an accessory drive-through facility as part of a
full-service financial ins ti tut ion (bank) on property
located at 851 S. Elmhurst Road in C-3 General
Commercial District; and further recommend to place on
First Reading Ordinance Z-4-08, AN ORDINANCE ALLOWING
FOR A CONDITIONAL USE PERMIT TO PERMIT A DRIVE-THRU
FACILITY WITH FOUR LANES FOR TRAFFIC AS PART OF A FULL-
SERVICE FINANCIAL INSTITUTION, AT 851 ELMHURST ROAD, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
recommendation of Des Plaines Plan Commission to approve
Final Plat for Vandercar Subdivision, 811, 819 and 851
Elmhurst Road; Mayor and City Clerk be authorized to
execute same; and further recommend to adopt Resolution
R-2 6-08, A RESOLUTION APPROVING THE FINAL PLAT FOR
VANDERCAR SUBDIVISION LOCATED AT 811, 819 AND 851
ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Alderman Moylan stated that we should divide these funds
between many companies and not give them to just one
company.
Alderman Murphy stated that these requests for funds go
through an extensive review process; she can't think of
a better use of TIF funds than this.
Moved by Murphy, seconded by Brookman, to concur with
recommendation of Des Plaines Economic Development
Commission to authorize payment of $30,410/TIF District
#6 Funds, to Cafe la Cave Restaurant, as the City's~
FACADE
(Cont'd.)
PURCHASE/
IMAGING
CAMERAS FOR
FIRE DEPT.:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-4-08
INSPECTION
SITES/PUBLIC
PASSENGER
VEHICLES:
Consent
Agenda
ORDINANCE
M-5-08
CITY OF
CHICAGO WATER
RA TE IN CREA. :
Consent
Agenda
REAPPOINT. :
WARRANT
REGISTER:
2008
APPROPRIA.
PAGE FOUR
117
2/19/08
Rehabilitation Rebate Program, for property located at
2 7 7 7 Mannheim Road; and further recommend to adopt
Resolution R-27-08, A RESOLUTION AUTHORIZING THE PAYMENT
OF $30,410 TO CAFE LA CAVE RESTAURANT, OWNER OF 2777
MANNHEIM ROAD, DES PLAINES, ILLINOIS, 60018, AS THE
CITY'S CONTRIBUTION OF THE PROPERTY'S FACADE
REHABILITATION. Upon roll call, the vote was:
AYES: 7-Beauvais, Murphy, Higgason,
Brookman, Walsten, Smith, Argus
NAYS: 1-Moylan
ABSENT: 0-None
Motion declared carried.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation to accept proposal from
Environmental Safety Group, Inc., 570 E. North Frontage
Road, Bolingbrook, IL 60440, for purchase of five (5)
Bullard T3 Thermal Imaging Cameras with Accessories in
the amount of $49,995/2006 Budgeted Funds for the Fire
Department in the amount of $24,997.50 and Foreign Fire
Insurance Tax Board Funds in the amount of $24,997.50;
and it would be in the best interest of the City that
usual bid procedures be waived (ESG is sole source for
Bullard T3 Cameras). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2008 Concrete & Alley
Improvements, MFT Section 08-00203-00-RP, returnable by
3:00 p.m., Thursday, March 6, 2008. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to adopt
Ordinance M-4-08, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS," CHAPTER 12, "PUBLIC PASSENGER
VEHICLES I II SECTION 3 I "PUBLIC PASSENGER VEHICLE
INSPECTIONS," OF THE CITY OF DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Murphy, seconded by Brookman, to adopt
Ordinance M-5-08, AN ORDINANCE AMENDING TITLE 9, "PUBLIC
UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS,"
SECTION 7, "RATES" OF THE DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Presented for consideration (no action required) was the
Mayoral reappointment of Don Rosedale to the Board of
Fire & Police Commissioners. Final action on this
matter under Consent Agenda on March 3, 2008.
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 February 19, 2008 -
Warrant Register, in the total amount of $2,870,923.61,
and further recommend that Resolution R-28-08 be adopted
at appropriate time this evening. Motion declared
carried.
Acting Director of Finance Dorothy Wisniewski gave a
PowerPoint presentation regarding the annual
appropriation ordinance which is required to be passed
within the first quarter of its fiscal year; the
APPROPRIA.
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-28-08
2008
APPROPRIA. :
Ordinance
M-6-08
PAGE FIVE
116
2/19/08
appropriation ordinance specifies the sums of money
deemed necessary to defray all expenses and liabilities
in the calendar year 2008; the total appropriation
request for all City funds is $131,276,202.
Alderman Murphy stated that there could have been some
compromises in the appropriation; she cannot support
this ordinance.
Alderman Argus stated that she, too, cannot support this
ordinance; we should have been able to cut expenses in
the budget.
Alderman Brookman stated that she also will be voting no
for the same reasons.
Alderman Beauvais stated that we would have had to cut
personnel if we reduced the appropriation; she doesn't
think the residents would want that.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that we are getting
"killed" with other taxes on other levels; this budget
was very disappointing to the residents of Des Plaines;
he doesn't see the justification for this budget.
Moved by Moylan, seconded by Higgason, to concur with
Staff recommendation and recommend to the City Council
approval of the 2008 Appropriations in the total amount
of $131,276,202, of which the General Fund expenditures
are $55,292,903; and Ordinance M-6-08 be placed on First
Reading at appropriate time this evening. MOTION
DECLARED FAILED (Aldermen Beauvais, Moylan, Higgason,
Argus voted yes; Aldermen Murphy, Brookman, Walsten,
Argus voted no - a tie vote is a failed vote) .
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Smith, seconded by Brookman, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-28-08, 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:
$2,870,923.61. 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 Smith, seconded by Moylan, to concur with Staff
recommendation to approve 2008 Appropriations in the
total amount of $131,276,202, of which the General Fund
expenditures are $55,292,903; and further recommend to
place on First Reading Ordinance M-6-08, AN ORDINANCE
MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY
OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL
PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING
DECEMBER 31, 2008. Upon roll call, the vote was:
AYES: 5-Beauvais, Moylan, Higgason, Smith, Arredia
NAYS: 4-Murphy, Brookman, Walsten, Argus
ABSENT: 0-None
Motion declared carried (final action on this matter
under Unfinished Business on March 3, 2008).
ORDINANCE
Z-4-08
CONDIT. USE/
851 s.
ELMHURST:
EXECUTIVE
SESSION:
PERSONNEL/
EMPLOYMENT
AGREEMENT FOR
CITY MANAGER:
ADJOURNMENT:
DAY OF
PAGE SIX
119
2/19/08
Moved by Argus, seconded by Murphy, to advance to Second
Reading and adopt Ordinance Z-4-08, AN ORDINANCE
ALLOWING FOR A CONDITIONA USE PERMIT TO PERMIT A DRIVE-
THRU FACILITY WITH FOUR LANES FOR TRAFFIC AS PART OF A
FULL-SERVICE FINANCIAL INSTITUTION, AT 851 ELMHURST
ROAD, DES PLAINES, ILLINOIS (Case 07-64-CU) . 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 Brookman, seconded by Murphy, to go into
Executive Session to discuss personnel. 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.
The City Council recessed at 8:03 p.m.
The City Council reconvened at 9:06 p.m.
Roll call indicated the
Beauvais, Moylan, Murphy,
Smith, Argus.
following aldermen present:
Higgason, Brookman, Walsten,
Moved by Brookman, seconded by Higgason, to concur with
majority agreement in Executive Session to proceed as
directed regarding the Employment Agreement for City
Manager Jason Bajor and report back to the City Council
in Executive Session on March 3, 2008. Motion declared
carried.
Moved by Murphy, seconded by Higgason, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:07 p.m.
~rt?Relk
Donna McAllister, MMC CITY CLERK
MAYOR