City Council Meeting Minutes

MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER,
MONDAY, APRIL 2, 2007

CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 5, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Sayad, Becker, Smith, Argus. Aldermen Beauvais, Murphy and Brookman were absent. Alderman Murphy arrived in Executive Session at 6:08 p.m. Alderman Brookman arrived in Executive Session at 6:10 p.m. Alderman Beauvais arrived at 8:30 p.m.

Also present were: City Manager Niemeyer, Assistant to the City Manager Palm, Acting Director of Finance Simpson, Police Chief Prandini, Fire Chief Heavey, Assistant Director of Engineering Duddles, Director of Public Works Dusckett, Deputy Director of Community & Economic Development Angell, Assistant City Attorney Bartel, and City Attorney Wiltse.

EXECUTIVE SESSION:

Moved by Sayad, seconded by Argus, to go into Executive Session to discuss acquisition of real property, probable-imminent litigation, and pending litigation. Upon roll call, the vote was:

AYES: 5-Christiansen, Sayad,

Becker, Smith, Argus

NAYS: 0-None

ABSENT: 3-Beauvais, Murphy, Brookman

Motion declared carried.

The City Council recessed at 6:01 p.m.

The City Council reconvened at 7:10 p.m.

Roll call indicated the following aldermen present; Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus.

PRAYER:

The opening prayer was given by Roberta Hemmati, Des Plaines Baha’i Community, followed by the Pledge of Allegiance to the Flag.

PROCLAMATION:

Mayor Arredia read a proclamation proclaiming April 29 - May 5, 2007 as Operation Prom Night Week; the various agencies and organizations involved work to educate students about the tragedies of impaired and distracted driving which are the leading causes of death for 15 to 20 year olds in the United States.

RECOGNITION:

Special Events Commission Chairman Linda Forman and New Year’s Eve Chairman Jim Wozny presented plaques of appreciation to three (3) local businesses who gave generously to the New Year’s event: Pesche’s Flower Shop & Greenhouses who provided the carriage rides ($2,400); Des Plaines Honda Motorcycles who provided the trolley rides ($800) and four (4) bicycles ($160); and Harris Bank who provided decorations ($1,200).

CITIZEN PARTICIPA.:

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that the Des Plaines Residents for Political Reform will be holding a candidates forum at Prairie Lakes on April 10, 2007 from 7 p.m. to 9 p.m.; this program is open to the public; he urged all residents to come and meet the candidates who are on the ballot for the April 17, 2007 election.

Mr. Burkross also read a statement (in City Council folder) regarding the responsibilities of public office and asked several questions that he would like reviewed by the Legal & Licensing Committee.

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder) regarding the five (5) corner TIF and eminent domain.

Mr. Mark Walsten, 2303 Magnolia Street, addressed the City Council stating that he keeps hearing complaints about the new garbage program; he thinks the City Council acted too quickly on this; seniors have a real problem with the bulky cans; they are hard to move around; communications with the City needs to be improved; people should be able to come up and speak without giving their name and address.

PROBABLE-IMMINENT LITIGATION/POST OFFICE FACILITY 684 LEE ST.:

Moved by Murphy, seconded by Christiansen, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding outstanding issues relating to the build out of the U.S. Post Office Facility at 684 Lee Street; final action on this matter, if any, will be taken in open session at a future City Council meeting. Motion declared carried. Alderman Sayad voted no.

PENDING LITIGATION/CLOSING OF WILLE ROAD MWRD:

Moved by Murphy, seconded by Christiansen, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding the closing of Wille Road by MWRD; final action on this matter, if any, will be taken in open session at a future City Council meeting. Motion declared carried.

ACQUISITION OF REAL PROPERTY/NEW POLICE STATION:

Moved by Sayad, seconded by Becker, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding the location for a new police station; with final action on this matter, if any, to be taken in open session. Motion declared carried.

CONSENT AGENDA:

City Clerk McAllister requested that Items 3, 3a, 12 and 12 a be removed from the Consent Agenda.

Moved by Murphy, seconded by Becker, to establish a Consent Agenda except for Items 3, 3a, 12, and 12a. Motion declared carried.

Moved by Becker, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was:

AYES: 7-Christiansen, Murphy, Sayad,

Brookman, Becker, Smith, Argus

NAYS: 0-None

ABSENT: 1-Beauvais

Motion declared carried. Staff recommendations and requests were approved; minutes were approved; Ordinance M—11-07 was adopted; Ordinance M—13-07 was placed on First Reading; and Resolutions R-50-07, R-51-07, R-52-07, R-53-07, R-54-07, R-55-07, R-56-07, R-57-07, R-58-07, and R-60-07 were adopted.

MINUTES:

Consent Agenda

Moved by Becker, seconded by Sayad, to approve minutes of the regular meeting of the City Council held March 19, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda.

SALE OF CITY PROPERTY/NWMC AUCTION:

Consent Agenda

Ordinance M-13-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to authorize the sale by auction at the annual Northwest Municipal Conference Surplus Auction to be held Saturday, May 12, 2007, 10:00 a.m., Arlington Heights Public Works Facility, 222 N. Ridge Avenue, Arlington Heights, IL 60005, various Public Works Department vehicles and equipment that are deemed no longer necessary or useful to or for the best interest of the City; and further recommend to place on First Reading Ordinance M—13-07, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Agenda.

CLASS 6(b) PROPERTY TAX ABATEMENT INCENTIVE/401 TOUDY:

Resolution R-49-07

Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council asking how much is this worth over the life of the exemption. Deputy Director of Community & Economic Development Angell said it is difficult to say because we did not ask for an application until last summer, but Staff estimates that if the property remains vacant the City would receive $22,043 annually and if the 6(b) is granted, the City would receive $44,017 annually.

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council stating that these tax rebates are given so businesses can improve their company; it gives them a break.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking what was on the site before. Deputy Director of Community & Economic Development Angell said an empty steel manufacturing plant. Mr. Burkross asked who can request a 6(b). Deputy Director Angell said it is just for property owners or prospective owners.

Mr. Jim Brookman, 702 Howard Street, addressed the City Council asking if there is a commitment on the part of the owner to do what they say they will do. Deputy Director Angell said there is a commitment on the owner with Cook County, not the City.

Moved by Sayad, seconded by Becker, to concur with Staff recommendation that City be authorized to support and consent to the granting of a Cook County Real Estate Classification 6(b) Industrial Development property tax abatement incentive to ProLogis Logistical Services, Inc., to assist with the construction of a 154,000 sq. ft. warehouse-distribution center on property located at 401 Touhy Avenue, PIN #09-31-200-002; and further recommend to adopt Resolution R-49-07, A RESOLUTION AUTHORIZING THE 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER #09-31-200-002-0000, LOCATED AT 401 EAST TOUHY AVENUE IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Upon roll call, the vote was:

AYES: 7-Christiansen, Murphy, Sayad,

Brookman, Becker, Smith, Argus

NAYS: 0-None

ABSENT: 1-Beauvais

Motion declared carried.

VACATION OF PUB. UTILITY EASEMENT/250 WILLE RD. TIF #3:

Consent Agenda

Resolution R-50-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Plat of Vacation for the vacation of a 15' wide and 500' long public utility easement along the eastern edge of property located at 250 Wille Road in TIF District #3, to Jacob and Hafner Associates, 1901 S. Meyers Road, Suite 350, Oakbrook Terrace, IL 60181; and further recommend to adopt Resolution R-50-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A PLAT OF VACATION FOR PUBLIC UTILITY EASEMENT AT 250 WILLE ROAD, DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda.

PLAT OF DEDICATION/PORTION OF WILLE ROAD -TIF #3:

Consent Agenda

Resolution R-51-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City be authorized to accept Plat of Dedication from Wille Road, LLC, 5520 W. Touhy Avenue, Skokie, IL 60077, for approximately 1,100' of the southern portion of Wille Road bordering 251 Wille Road, as a public roadway in TIF District #3; and further recommend to adopt Resolution R-51-07, A RESOLUTION APPROVING A PLAT OF DEDICATION FOR A PORTION OF WILLE ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

ACCEPT PUBLIC IMPROVEMENTS/2318 & 2324 WEST VIEW:

Consent Agenda

Resolution R-52-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to accept Public Improvements for New Westview Subdivision, 2318 and 2324 Westview Drive, that include a storm sewer and a public sidewalk; and authorize release of surety in the amount of $11,250 (the cash warranty in the amount of $1,250 will be held for 18 months); and further recommend to adopt Resolution R-52-07, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR NEW WESTVIEW SUBDIVISION LOCATED AT 2318 AND 2324 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

ENGRG. DESIGN SVS./MAPLE ST. PUMPING STATION:

Consent Agenda

Resolution R-53-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Consulting Services Agreement" with MWH Americas, Inc., 175 W. Jackson Boulevard, Chicago, IL 60604, to provide engineering design services for improvements to the Maple Street Water Pumping Station, in the not-to-exceed amount of $149,737/Water Fund; and further recommend to adopt Resolution R-53-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONSULTING SERVICES AGREEMENT BETWEEN MWH AMERICAS, INC. AND THE CITY OF DES PLAINES FOR ENGINEERING DESIGN SERVICES. Motion declared carried as approved unanimously under Consent Agenda.

CONTRACT EXTENSION/GAS & DIESEL FUEL:

Consent Agenda

Resolution R-54-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation approve one (1)-year extension of contract with Avalon Petroleum, 7601 W. 191st Street, Tinley Park, IL 60477 (approved by the City Council on April 17, 2006) for Purchase and Delivery of Gas and Diesel Fuel, at the 2006 over average price of $0.013 for lead-free gasoline and $0.022 over average price for diesel fuel/Budgeted Funds; and further recommend to adopt Resolution R-54-07, A RESOLUTION APPROVING A ONE YEAR EXTENSION OF AN AGREEMENT FOR GASOLINE AND DIESEL FUEL BETWEEN THE CITY OF DES PLAINES AND AVALON PETROLEUM COMPANY, INC. Motion declared carried as approved unanimously under Consent Agenda.

TACO AGREEMENT/EXXONMOBIL OIL/1602 D.P. RIVER:

Consent Agenda

Resolution R-55-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Tiered Approach to Corrective Action Objectives Agreement (TACO)" with ExxonMobil Corporation, 3225 Gallows Road, Room 8B008, Fairfax, VA 22037, for their property located at 1602 Des Plaines-River Road, to address the remediation of the subsurface contaminates within the City right-of-way under Oakton Street at 1733 Oakton Street, at no cost to the City; and further recommend to adopt Resolution R-55-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A "TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES" BETWEEN THE CITY OF DES PLAINES AND EXXONMOBIL OIL CORPORATION FOR THE PROPERTY LOCATED AT 1602 DES PLAINES RIVER ROAD IN DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

VEHICLE ENFORCEMENT AGREEMENT/ 2655-2695 MANNHEIM:

Consent Agenda

Resolution R-56-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Agreement for Enforcement of Municipal Ordinances on Private Property" for police, traffic and parking enforcement for property located at 2655-2695 Mannheim Road (Des Plaines Mannheim, LLC % Tartan Realty Group, Inc.); and further recommend to adopt Resolution R-56-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE REGULATIONS" AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND DES PLAINES MANNHEIM, LLC % TARTAN REALTY GROUP, INC. FOR PROPERTY LOCATED AT 2655-2695 MANNHEIM ROAD, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. 4/2/07

ANNUAL FIRE DEPT. PHYS./ALEXIAN BROS.

Consent Agenda

Resolution R-57-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to accept proposal from Alexian Brothers Medical Center, 1060 S. Elmhurst Road, Mt. Prospect, IL 60056, to provide Fire Department physicals for the period April 2, 2007 to December 31, 2008, in the amount not-to-exceed $42,000 per year/Budgeted Funds; Mayor and City Clerk be authorized to execute necessary document; and further recommend to adopt Resolution R-57-07, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM ALEXIAN BROTHERS OCCUPATIONAL HEALTH TO PERFORM ANNUAL PHYSICAL EXAMINATIONS FOR THE DES PLAINES FIRE DEPARTMENT. Motion declared carried as approved unanimously under Consent Agenda.

TEMPORARY PARKING LOT AGREEMENT/170 RIVER -TIF #4:

Resolution R-58-07

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking what is on the site now and will there be a flood problem. Petitioner Chris Pesche said there is one (1) house, two (2) garages and a dog training school. Assistant Director of Engineering Duddles said that there will be no flood problems; the water will either run onto the petitioner’s property or Rand Road.

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Temporary Parking Lot Improvement Agreement" with Pesche’s Garden Center & Greenhouse, 170 S. River Road, for a period not-to-exceed three (3)-years while a comprehensive redevelopment plan is being prepared for this TIF District #4; and further recommend to adopt Resolution R-58-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY PARKING LOT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND PESCHE’S GARDEN CENTER AND GREENHOUSES. Upon roll call, the vote was:

AYES: 5-Murphy, Sayad, Becker, Smith, Argus

NAYS: 1-Brookman

ABSENT: 1-Beauvais

ABSTAIN:1-Christiansen - conflict of interest (a relative is employed by Pesche’s)

Motion declared carried.

D.P. PARK DISTRICT 5K RUN-WALK/TASTE OF DES PLAINES:

Consent Agenda

Resolution R-60-07

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to grant request from Des Plaines Park District, in cooperation with the Des Plaines Special Events Commission, to hold their 5K Run-Walk on Saturday, June 2, 2007, from 7:45 a.m. to 10:30 a.m., on various streets to kick off the Taste of Des Plaines; and further recommend to adopt Resolution R-60-07, A RESOLUTION ACKNOWLEDGING THE DES PLAINES PARK DISTRICT’S 5K RUN-WALK TO BE HELD ON JUNE 2, 2007 AND AUTHORIZING THE CLOSING OF STREETS FOR THE 5K RUN-WALK. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/AMBULANCE:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to approve purchase of one (1) Medtec Ambulance from Foster Coach, Inc., 1231 W. 4th Street, Sterling, IL 60181 (sole source), through the Northwest Municipal Conference Joint Government Purchasing Program, in the amount not-to-exceed $127,916/2007 CERF Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/VEHICLE FOR FIRE DEPT.:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to purchase one (1) 2007 Ford Explorer for the Fire Department, through the State of Illinois Official Joint Purchase Program, from Landmark Ford, Inc., 2401 Prairie Drive, Springfield, IL 62707, in the total amount of $21,658/2007 CERF Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/2007 SPRING TREE PLANT.:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to authorize purchase of trees and plantings for the 2007 Spring Tree Planting through the West Central Municipal Conference - Suburban Tree Consortium, 1127 S. Mannheim Road, Suite 102, Westchester, IL 60154, in the not-to-exceed amount of $30,000/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/PRINTER- PLOTTER FOR PUB. WORKS:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to accept proposal from Clifford-Walk, 255 E. Helen Road, Palatine, IL 60067, for one (1) 42" Printer-Plotter for Public Works Department in the total amount of $10,195/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/SEWER TELEV. & VIDEO EQP.:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to accept proposal from Cues, 3600 Rio Vista Avenue, Orlando, FL 32805 (sole source), for purchase of sewer televising and video equipment in the total amount of $31,850/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda.

JANITORIAL SERVICES/PARKING GARAGES:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to accept proposal from Advanced Janitorial Systems, P.O. Box 1264, Des Plaines, for Parking Garage Janitorial Services through December 31, 2007, as follows: $546 per month for Des Plaines Library Garage and $637 per month for Metropolitan Square Garage/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/MESSAGE BOARD FOR PUBLIC WORKS:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to approve purchase of one (1) Model #KKMB9055-150 Message Board for the Public Works Department through the Federal Government General Services Administration, Contract #GS-07F-0005K, from K&K Systems, Inc., 68 Palmetto Road, Tupelo, MS, 38801, in the total amount of $13,659/Budgeted Water Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/GLOBAL POSITIONING SYS., ENGRG. DEPARTMENT:

Consent Agenda

Moved by Becker seconded by Sayad, to concur with Staff recommendation to approve purchase of one (1) Trimble GeoXT Handheld Global Positioning System device for Engineering Department from Precision Midwest, 30W196 Calumet Avenue, Warrenville, IL 60555 (exclusive distributor), in the total amount of $7,341/GIS Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/AUTODESK SOFTWARE NETWORK LIC.:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to approve purchase of additional network license for Autodesk Civil 3D 2007 Software for Engineering Department from DLT Solutions, 13861 Sunrise Valley Drive, Herndon, VA 20171 (exclusive distributor), in the total amount of $6,902.28/Capital Projects Funds. Motion declared carried as approved unanimously under Consent Agenda.

PRINTING/2007 VEHICLE STICKERS:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation to approve printing of 2007 Vehicle Stickers by Rydin Decal, 700 Phoenix Lake, Streamwood, IL 60107, in the total amount of $6,665/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda.

ADVERTISING FOR BIDS:

Consent Agenda

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Three (3) Ferno Model 28A Pro-Flex Chair Cot Ambulance Stretchers, returnable by 3:00 p.m., Wednesday, April 18, 2007. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for purchase of Draeger Breathing Apparatus Components, returnable by 3:00 p.m., Wednesday, April 18, 2007. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for purchase of Motorola Portable Radios, returnable by 3:00 p.m., Wednesday, April 18, 2007. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2007 Street Improvements - MFT 07-00200-00-RS, returnable by 3:00 p.m., Thursday, April 19, 2007. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Water Plant HVAC Installation, returnable by 3:00 p.m., Monday, April 23, 2007. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Furnishing of Riprap Material and Disposal of Debris, returnable by 3:00 p.m., Wednesday, April 25, 2007. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Purchase of Fire Hydrants and Auxiliary Valves, returnable by 3:00 p.m., Wednesday, April 25, 2007. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Becker, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Repair and Utility Location of Street Lights and Underground Wiring, returnable by 3:00 p.m., Wednesday, April 25, 2007. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M—11-07 EXPANSION OF EDC COMM./CHAMBER OF COMMERCE:

Consent Agenda

Moved by Becker, seconded by Sayad, to adopt Ordinance M—11-07, AN ORDINANCE AMENDING TITLE 2, "BOARDS AND COMMISSIONS," CHAPTER 13 "ECONOMIC DEVELOPMENT COMMISSION," SECTION 3, "COMMISSION MEMBERSHIP," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.

Alderman Beauvais entered the meeting at 8:30 p.m.

MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE

FINANCE & ADMINISTRATION - Alderman Sayad, Chair

WARRANT REGISTER:

Moved by Christiansen, seconded by Smith, to recommend to the City Council approval of the April 2, 2007 - Warrant Register, in the total amount of $2,311,694.27, and further recommend that Resolution R-59-07 be adopted at appropriate time this evening. Motion declared carried.

COMMUNITY DEVELOPMENT - Alderman Becker, Chair

RETAIL ASSISTANCE PROGRAM:

Alderman Becker stated that the 2007 Budget contains funding for the new Retail Assistance Program, but the City Council needs to approve the program before its administration by the Economic Development Commission; this is a one-time grant funded through Tax Increment Financing Program Funds to a maximum amount of $10,000 to assist with furnishings, equipment, relocation expenses, visual merchandising, marketing, advertising, etc.

Aldermen requested that the program guidelines be amended to include a "claw back" clause and a time frame as to how long the company has to remain in business.

Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council to approve the Retail Assistance Program, as amended to include a "claw back" clause and a time frame as to how long the company has to remain in business once the assistance is given; to be administered by the Economic Development Commission, with approval of the City Council, to a maximum of $10,000 per business, to assist retail businesses to enhance and improve their businesses; and City Attorney be authorized to draft necessary resolution. Motion declared carried.

LEGAL & LICENSING - Alderman Murphy, Chair

REAL ESTATE TRANSFER TAX:

City Attorney Wiltse reviewed this matter that had been discussed by the Legal & Licensing Committee on April 27, 2006, but recommendation was made to bring to the City Council; the draft ordinance being presented for consideration reaffirms that sellers should be responsible for paying the Real Estate Transfer Tax and shall not be shifted from the seller to the buyer by contract or any other means.

Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the Committee of the Whole stating that this ordinance will have no teeth; this is between the buyer and the seller.

Mr. Carmen Sarlo, 3051 Scott Street, addressed the Committee of the Whole stating that if there are violations, they should go to the seller.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that is we force the seller to pay the tax, he will just increase his price.

Moved by Sayad, seconded by Argus, to concur with Staff recommendation and recommend to the City Council that in commercial/multi-family developments, the legal obligation to pay the Real Estate Transfer Tax shall not be shifted from the seller to the buyer by contract or any other means; and Ordinance M—14-07 be placed on First Reading at appropriate time this evening. MOTION DECLARED FAILED (Aldermen Christiansen, Murphy, Sayad and Argus voted yes; Aldermen Beauvais, Brookman, Becker and Smith voted no - a tie voted is a failed vote).

CHANGE OF ADDRESS, LATE FILING, PENALTIES & APPEAL PROCESS:

Alderman Murphy reviewed this matter stating that what is being proposed is a policy to strengthen the City’s Ethics Ordinance regarding notification of change of address for City officials and Staff, and will also include enforcement mechanisms for dealing with the situation in which there may be a late filing of his/her economic interest statement; this mirrors State Statutes.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole questioning whether this really does mirror State Statutes; he feels the penalty is too severe. City Attorney Wiltse said the proposed ordinance change does mirror State Statutes.

Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he has been coming to City Council meetings since 1969; twenty (20) years ago an alderman moved out of town, a newspaper found out and the alderman resigned; it is important to give your change of address.

Mr. Jim Brookman, 701 Howard Avenue, addressed the Committee of the Whole stating that this ordinance goes too far; it is intrinsically wrong for the City to get involved in penalizing the aldermen like this.

Moved by Sayad, seconded by Argus, to concur with Staff recommendation and recommend to the City Council to approve proposed changes to the City’s Code of Ethics regarding notification of change of address for City officials and Staff, penalties for late filing of disclosure statements and appeal process; and Ordinance M—15-07 be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Brookman and Smith voted no.

COUNCIL RULES:

City Attorney Wiltse stated that at the request of the City Council, the Staff has been reviewing for some time the issue of breach of confidentiality by elected officials; under Illinois law, the ability to reprimand or censure are the main tools a public body may use; the proposed new Rule 35 will deal with the actions to be taken only after a determination has been made.

City Attorney Wiltse stated Staff is proposing a new Rule 36 which would clearly set forth limitations on all electronic paging, messaging and telephonic devices during the course of a City Council meeting; this would avoid disruptions.

City Attorney Wiltse stated that Staff is proposed a new Rule 37 which would limit the display of signs, banners and other items in the City Council Chambers regarding controversial issues.

Alderman Brookman stated that these changes will move toward closed government and away from democratic government; she finds the language threatening.

Alderman Smith stated that he thinks the City Council is over legislating how the aldermen act; he doesn’t think the display of banners has gotten out of hand; he doesn’t think these changes are necessary; he has a problem with the hearing process to determine guilt.

Alderman Murphy stated that she would like more information on the proposed Rule 35 before they move further on this matter.

Alderman Beauvais questioned how would they be able to enforce this rule; she understands that this is needed, but how would it be enforced?

Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that there is always going to be leaks; and as for electronic devices, why don’t you simply ask everyone to turn off their devices at the beginning of the meeting.

Mr. Ed Lehmann, 1484 Rand Road, addressed the Committee of the Whole asking where does legislation stop?; you have an unwritten Code of Conduct; how would you enforce these new rules?

Mr. Carmen Sarlo, 3051 Scott Street, addressed the Committee of the Whole asking how far do the aldermen want to take this - to the wall?; this has gone way out of proportion.

Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole stating that we are all adults; we don’t need petty little rules; signs should be allowed.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that he is truly amazed at the time being spent on these rules; there are much more important issues that you should be discussing.

Alderman Murphy stated that this matter should be tabled until the Attorney General can provide us with an opinion on the intent of the proposed Rule 35.

Moved by Brookman, seconded by Smith, to recommend to the City Council that implementation of the proposed new Rule 35, Rule 36 and Rule 37 be DENIED.

Moved by Christiansen, seconded by Sayad, to adopt a substitute motion and recommend to the City Council that further discussion on the proposed new Rule 35, Rule 36 and Rule 37, and Ordinance M—16-07, BE TABLED. Motion declared carried. Aldermen Brookman and Smith voted no.

CREATION OF ETHICS OFFICER POSITION:

Alderman Murphy stated that both the Legal & Licensing Committee and Staff are recommending the creation of an ethics officer position in the City Code which would be appointed by the City Manager; this person would receive any violation complaints, investigate, make a written determination and make a recommendation to the City Council.

Alderman Brookman stated that she sees no need for an Ethics Officers; these matters should be handled by the City Attorney.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating he would recommend that the person be someone outside of the City-not a Staff person; perhaps it should be on a referendum.

Mr. Mark Walsten, 2303 Magnolia Street, addressed the Committee of the Whole also stating that perhaps this matter should be placed on a referendum.

Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole asking who handles these matters now. Alderman Murphy said that for the most part it is handled by the City Attorney. Mr. Kendrick said he doesn’t think this is necessary.

Mr. Ed Lehmann, 1484 Rand Road, addressed the Committee of the Whole stating that this should be handled by the City Manager.

Moved by Argus, seconded by Smith, to concur with Staff recommendation and recommend to the City Council that the City create the position of Ethics Officer in the City Code which would be appointed by the City Manager to receive any violation complaints, investigate, make a written determination, make a recommendation to the City Council; and Ordinance M—17-07 be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Sayad, Brookman and Becker voted no.

TIF PROPERTY OWNERSHIP BY CITY OFFICIALS & STAFF:

Moved by Smith, seconded by Becker, that the discussion on TIF Property Ownership by City Officials and Staff be POSTPONED until April 16, 2007. Upon roll call, the vote was:

AYES: 3-Becker, Smith, Argus

NAYS: 5-Beauvais, Christiansen,

Murphy, Sayad, Brookman

ABSENT: 0-None

MOTION DECLARED FAILED.

City Attorney Wiltse stated that the Legal & Licensing

Committee and Staff are recommending approval of the proposed home rule ordinance regarding ownership of property within a TIF District by elected officials and Staff; the ordinance clarifies circumstances under which property may be held.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that the proposed ordinance could be greatly simplified; you should find out what was the original intent of this law; a simple solution would be to write a single ordinance addressing specific concerns.

Mrs. Barbara Van Slambrouck, 286 Strafford Road, addressed the Committee of the Whole stating that this ordinance needs more revisions; you need to treat everyone the same; you need to keep the restrictions in the revision; this should protect property owner rights equally.

Moved by Becker, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council to approve the proposed home rule ordinance regarding ownership of property within a TIF District by City Officials and Staff; adding provisions about fair market value of property which is offered for sale to the public; Staff be authorized to contact City’s State legislators; and Ordinance M—18-07 - AS AMENDED, be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Brookman and Smith voted no. Aldermen Sayad and Argus abstained to void the appearance of impropriety.

MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION

ORDINANCE M—12-07 AMBULANCE FEE:

Moved by Becker, seconded by Christiansen, to adopt Ordinance M—12-07, AN ORDINANCE AMENDING TITLE 11, "FIRE REGULATIONS," CHAPTER 10 "FIRE AND AMBULANCE SERVICE," SECTION 2, "NONRESIDENT AMBULANCE FEE," TO "AMBULANCE FEE," OF THE CITY OF DES PLAINES CITY CODE.

Alderman Brookman stated that people are very upset over this ambulance fee; people are already paying for this in their taxes; this is wrong.

Upon roll call, the vote was:

AYES: 5-Beauvais, Christiansen,

Murphy, Becker, Smith

NAYS: 3-Sayad, Brookman, Argus

ABSENT: 0-None

Motion declared carried.

ORDINANCE Z-9-07 CONDIT. USE & VARIATION/1750 S. ELMHURST.:

Moved by Becker, seconded by Argus, to adopt Ordinance Z-9-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO AUTHORIZE THE EXPANSION OF AN EXISTING ASSISTED LIVING FACILITY IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE ZONING CODE AND AUTHORIZING A VARIATION TO SECTION 9.7 TO ALLOW A TOTAL OF 198 PARKING SPACES AT 1750 ELMHURST ROAD, DES PLAINES, ILLINOIS (Case 0-16-CU-V). Upon roll call, the vote was:

AYES: 6-Christiansen, Murphy, Sayad,

Becker, Smith, Argus

NAYS: 1-Brookman

ABSENT: 0-None

ABSTAIN:1-Beauvais - conflict of interest (she works

for another assisted living facility)

WARRANT REGISTER:

Resolution R-59-07

Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-59-07, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,311,694.27. Upon roll call, the vote was:

AYES: 8-Beauvais, Christiansen, Murphy, Sayad,

Brookman, Becker, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

RETAIL ASSISTANCE PROGRAM:

Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole to approve the Retail Assistance Program, as amended to include a "claw back" clause and a time frame as to how long the company has to remain in business once the assistance is given; to be administered by the Economic Development Commission, with approval of the City Council, to a maximum of $10,000 per business, to assist retail businesses to enhance and improve their businesses; and City Attorney be authorized to draft necessary resolution. Upon roll call, the vote was:

AYES: 8-Beauvais, Christiansen, Murphy, Sayad

Brookman, Becker, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried (further action on this matter under Consent Agenda on April 16, 2007).

REAL ESTATE TRANSFER TAX:

Ordinance M-14-07

Moved by Murphy, seconded Sayad, that in commercial/multi-family developments, the legal obligation to pay the Real Estate Transfer Tax shall not be shifted from the seller to the buyer by contract or any other means; and Ordinance M—14-07 be placed on First Reading. Upon roll call, the vote was:

AYES: 4-Christiansen, Murphy, Sayad, Argus

NAYS: 5-Beauvais, Brookman, Becker, Smith, Arredia

ABSENT: 0-None

MOTION DECLARED FAILED.

CHANGE OF ADDRESS, LATE FILING, PENALTIES & APPEAL PROCESS:

Ordinance M-15-07

Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole to approve proposed changes to the City’s Code of Ethics regarding notification of change of address for City Officials and Staff, penalties for late filing of disclosure statements and appeal process; and place on First Reading Ordinance M—15-07, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 9, "CODE OF ETHICS," SECTION 5, "DISCLOSURE," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 6-Beauvais, Christiansen, Murphy,

Sayad, Becker, Argus

NAYS: 2-Brookman, Smith

ABSENT: 0-None

Motion declared carried (further action on this matter under Unfinished Business on April 16, 2007).

COUNCIL RULES:

Ordinance M—16-07

Moved by Murphy, seconded by Christiansen, to concur with recommendation of Committee of the Whole that further discussion on the proposed new City Council Rule 35, Rule 36 and Rule 37, and Ordinance M—16-07, BE TABLED. Motion declared carried. Aldermen Brookman and Smith voted no.

CREATION OF ETHICS OFFICER POSITION:

Ordinance M-17-07

Moved by Murphy, seconded by Christiansen, to concur with recommendation of Committee of the Whole that City create the position of Ethics Officer in the City Code which would be appointed by the City Manager to receive any violation complaints, investigate, make a written determination, make a recommendation to the City Council; and place on First Reading Ordinance M—17-07, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 9, "CODE OF ETHICS,": SECTION 10, "ENFORCEMENT AND PENALTIES," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 5-Beauvais, Christiansen,

Murphy, Smith, Argus

NAYS: 3-Sayad, Brookman, Becker

ABSENT: 0-None

Motion declared carried (further action on this matter under Unfinished Business on April 16, 2007).

TIF PROPERTY OWNERSHIP BY CITY OFFICIALS & STAFF:

Ordinance M-18-07

Moved by Murphy, seconded by Becker, to concur with recommendation of Committee of the Whole to approve the proposed home rule ordinance regarding ownership of property within a TIF District by City Officials and Staff; adding provisions about fair market value of property which is offered for sale to the public; Staff be authorized to contact City’s State legislators; and place on First Reading Ordinance M—18-07 - AS AMENDED, AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF DES PLAINES REGARDING TAX INCREMENT ALLOCATION REDEVELOPMENT.

AYES: 4-Beauvais, Christiansen, Murphy, Becker

NAYS: 2-Brookman, Smith

ABSENT: 0-None

ABSTAIN:2-Sayad, Argus (to avoid the appearance of

impropriety)

Motion declared carried (further action on this matter under Unfinished Business on April 16, 2007).

ADJOURNMENT:

Moved by Murphy, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 12:00 a.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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