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, 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:

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.

PRAYER AND PLEDGE:

The opening prayer was given by Bonnie Campbell, First United Methodist Church, followed by the Pledge of Allegiance to the Flag.

CITIZEN PARTICIPA.:

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.

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.

PERSONNEL/EVALUATION-CONTRACT OF CITY MANAGER:

Moved by Murphy, seconded by Sayad, 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.

SETTING PRICE FOR SALE-LEASE OF PROPERTY/2942 CURTIS STREET:

Ordinance M-24-07

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. 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.

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

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, Christiansen, Murphy, Sayad,

Brookman, Becker, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

CONSENT AGENDA:

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.

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; Staff recommendations and requests were approved; Ordinance M-25-07 was adopted; and Ordinances T-4-07 and T-5-07 were placed on First Reading.

MINUTES:

Consent Agenda

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 under Consent Agenda.

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 approve minutes of the Executive Session of the City Council meeting held May 7, 2007. Motion declared carried as approved unanimously under Consent Agenda.

TRAFFIC RESTRICTION/ALLES STREET:

Consent Agenda

Ordinance T-4-07

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, 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. Motion declared carried as approved unanimously under Consent Agenda.

TRAFFIC RESTRICTION/WHITE STREET:

Consent Agenda

Ordinance T-5-07

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, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 4, "PARKING LIMITED IN DESIGNATED PLACES," SCHEDULE II, SUBSECTION F., "THREE HOUR PARKING LIMIT," 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

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.

LIQ. LIC./1249 S. ELMHURST:

Consent Agenda

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.

LIQ. LIC./1505 OAKTON:

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.

PATIO VARIATION/241 S. WARRINGTON:

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

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.

PATIO VARIATION/2281 WESTVIEW:

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.

PATIO VARIATION/1086 PROSPECT:

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.

PARKING PAD VARIATION/1172 S. RIVER:

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.

SANITARY SEWER DAMAGE/REIMBURSEMENT/190 E. FREMONT:

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

Moved by Murphy, seconded by Argus, to concur with Staff recommendation to accept proposal from TraffTech, 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.

PURCHASE OF ELECTRICAL DISTRIBUTION EQUIPMENT:

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.

BID AWARD/LEAF LOADER:

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.

AWARD BID/WATER SYSTEM LEAK DETECTION:

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.

AWARD BID/UNDERGROUND FUEL STORAGE TANK & DISPENSER:

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.

AWARD BID/REPAIR & UTILITY LOCATION OF STREET LIGHTS & UNDERGROUND WIRING:

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

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.

ORDINANCE M-25-07LIQ. LIC./647 N. WOLF:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance M-25-07, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," 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.

ORDINANCE T-4-07 TRAFFIC RESTRICTION/ALLES STREET:

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, Christiansen, Murphy, Sayad,

Brookman, Becker, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

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 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

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).

RECESS:

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.

PRESENTATION:

Mayor Arredia presented plaques of appreciation to the outgoing aldermen: Tom Christiansen – Second Ward, Dick Sayad – Fourth Ward and Tom Becker – Sixth Ward.

SWEARING-IN CEREMONY:

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

COUNCIL RECONVENED:

Mayor Arredia called the meeting back to order at 7:54 p.m. Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus.

APPOINTMENTS/REAPPOINT.:

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:

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 Committee on Committees will meet to reorganize the Council Committees on Wednesday, May 30, 2007, at 6:30 p.m. in Room 101.

ADJOURNMENT:

Moved by Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:00 p.m.

Nancy Peterson – DEPUTY CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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