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,
WEDNESDAY, JANUARY 3, 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Wednesday, January 3, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Sayad, Becker, Smith, Argus. Aldermen Christiansen, Murphy and Brookman were absent. Aldermen Murphy arrived in Executive Session at 6:35 p.m.

Also present were: City Manager Niemeyer, Interim Director of Finance Simpson, Police Chief Prandini, Deputy Fire Chief Zern, Director of Engineering Oakley, Assistant Public Works Director Bernar, Development Planner Gascoigne, and City Attorney Wiltse.

EXECUTIVE SESSION:

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

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

NAYS: 0-None

ABSENT: 3-Christiansen, Murphy, Brookman

Motion declared carried.

The City Council recessed at 6:31 p.m.

The City Council reconvened at 7:00 p.m.

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

PRAYER AND PLEDGE:

The opening prayer was given by Captain Jay Davis, The Salvation Army, followed by the Pledge of Allegiance to the Flag.

RECOGNITION:

Police Chief Prandini introduced and recognized Dagny Gebert, who recently received the Senior Citizen Volunteer Award through the Illinois TRIAD1, for her over 30 years of service to the City in a variety of ways - spreading happiness and joy to countless numbers of children and residents.

CITIZEN PARTICIPA.:

Dr. Madlan McKernan, 1920 Andy Lane, addressed the City Council stating that there is going to be an increase in our garbage bill; they will be providing us with carts and recyling carts; she doesn’t have that much garbage or recyling items; residents should only be charged when they use the garbage service; perhaps the carts could be scanned when they are used and then charge the homeowner; she is sure the technology is out there.

Attorney Bob Gildo, 120 N. Hale Street, Third Floor, Wheaton, IL 60187, addressed the City Council stating that he has been retained by property owners in the TIF District #4 - Five Corners Area to evaluate the legality of this TIF designation; we would like to know what determination was made in Executive Session regarding acquisition of property; we are available to talk to the City about this. Mayor Arredia advised Mr. Gildo to contract City Attorney Wiltse.

Ms. Carrie Vergil, 974 Webster Lane, addressed the City Council regarding the speeding on Webster Lane between Algonquin Road and Thacker Street; this speeding has made the neighborhood very unsafe; she has called the Police Department but they need more coverage; also she would like Walnut Avenue and Webster Lane changed to a stop intersection.

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read sections from the U.S. Constitution regarding civil rights; we have come before you many times and you gave us polite attention but no consideration; you were bound to listen to the voters even though the referendum was not binding; he is asking the City Council to rescind this unjust action taken regarding TIF District #4.

Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council stating she is concerned about the proposed increase in the ambulance fee; people who can’t afford the increase might not call for help; she hopes the City will consider lowering it; she is also concerned about the new garbage program; she doesn’t want those big bins; she asked if the 2005 Annual TIF Report has been completed yet. City Manager Niemeyer said no.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking when the 2005 Annual TIF Report will be ready. City Manager Niemeyer said shortly. Mr. Burkross also asked that the City do a better job of getting the notices out for meetings; he just received a notice five (5) days after the meeting was held.

Phil, who lives at 446 W. Touhy Avenue, Lot #393, addressed the City Council concerned about illegal aliens receiving Social Security benefits when many legal citizens cannot live on what they receive; also do not cut the benefits to the armed forces.

Mr. Mike Van Slambrouck, 286 Stratford Road, addressed the City Council stating that he thought TIF District #4 - Five Corners Area was suppose to be a "developer-driven" TIF.

ACQUISITION OF REAL PROPERTY/TIF DISTRICT #4 - FIVE CORNERS AREA:

Moved by Becker, seconded by Murphy, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding acquisition of real property in TIF District #4 - Five Corners Area. Motion declared carried. Alderman Sayad and Mayor Arredia voted no.

CONSENT AGENDA:

A resident requested that Items 3 and 3a be removed from the Consent Agenda; and City Clerk McAllister requested that Items 7, 7a, 8, 8a, 9, 9a, 10 and 10a be removed.

Moved by Beauvais, seconded by Becker, to establish a Consent Agenda except for Items 3, 3a, 7, 7a, 8, 8a, 9, 9a, 10 and 10a. Motion declared carried.

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

AYES: 6-Beauvais, Murphy, Sayad,

Becker, Smith, Argus

NAYS: 0-None

ABSENT: 2-Christiansen, Brookman

Motion declared carried. Staff recommendations and requests were approved; minutes were approved; Ordinance M—67-06 was adopted; Ordinances T-1-07, T-2-07 and T-3-07 were placed on First Reading; and Resolution R-5-07 was adopted.

MINUTES:

Consent Agenda

Moved by Sayad, seconded by Becker, to approve minutes of the regular meeting of the City Council held December 18, 2006, as published. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Sayad, seconded by Becker, to approve minutes of the Executive Session of the City Council held December 18, 2006. Motion declared carried as approved unanimously under Consent Agenda.

LIQ. LIC./1470 MINER:

Ordinance M—1-07

Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that he was not able to find a store front or address for this property; the City Council refused a liquor license for property right across the street from this property; he cannot see how this liquor license can be approved.

Alderman Becker stated that the liquor will be consumed on the premises and not carried out like it would have been across the street.

Moved by Becker, seconded by Smith, to concur with Staff recommendation to amend Title 4, Chapter 4 - "Intoxicating Liquors," Section 5 of the City Code to add a new Class H-1 - Restaurant, Beer and Wine Only Liquor License, for property located at 1470 Miner Street, d/b/a Fiesta Del Sol Express; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance M—1-07, 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 H-1 LIQUOR LICENSE FOR FIESTA DEL SOL EXPRESS, INC., D/B/A FIESTA DEL SOL EXPRESS LOCATED AT 1470 MINER STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was:

AYES: 6-Beauvais, Murphy, Sayad,

Becker, Smith, Argus

NAYS: 0-None

ABSENT: 2-Christiansen, Brookman

Motion declared carried.

TRAFFIC RESTRICTION/DRAKE LANE AT EIGHTH:

Consent Agenda

Ordinance T-1-07

Moved by Sayad, seconded by Becker, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title 7, Chapter 5, Section 4 - "Stop Streets" of the City Code to add Drake Lane, eastbound, as a stop street at Eighth Avenue; and further recommend to place on First Reading Ordinance T-1-07, 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/ALLES ST.:

Consent Agenda

Ordinance T-2-07

Moved by Sayad, seconded by Becker, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title 7, Chapter 5, Section 2 - "One-Way Streets" of the City Code to add Alles Street, from Brown Street to Harding Avenue, as one-way northbound; and further recommend to place on First Reading Ordinance T-2-07, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 5, "ONE-WAY STOP AND YIELD STREETS," SECTION 2, "ONE-WAY STREETS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.

PARKING RESTRICTION/ALLES ST.:

Consent Agenda

Ordinance T-3-07

Moved by Sayad, seconded by Becker, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title 7, Chapter 3 - "Stopping, Standing and Parking," Section 7-3-3 of the City Code to permit parking on both sides of Alles Street from Brown Street to Harding Avenue; and further recommend to place on First Reading Ordinance T-3-07, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 3, "PARKING PROHIBITED IN DESIGNATED PLACES," SCHEDULE I, OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.

GRANT OF DRAINAGE EASEMENT/245 WILLE RD. TIF #3:

Resolution R-1-07

Moved by Murphy, seconded by Argus, to POSTPONE until January 16, 2007, the matter of "Grant of Permanent Drainage Easement" Agreement with Wille Road Redevelopment, LLC, for a 15' Permanent Drainage Easement across the southern edge of 245 Wille Road in TIF District #3 - Phase II; and Resolution R-1-07. Motion declared carried.

GRANT OF DRAINAGE EASEMENT/255 WILLE RD. TIF #3:

Resolution R-2-07

Moved by Murphy, seconded by Argus, to POSTPONE until January 16, 2007, the matter of "Grant of Permanent Drainage Easement" Agreement with Wille Road Redevelopment, LLC, for a 15' Permanent Drainage Easement across the southern edge of 255 Wille Road in TIF District #3 - Phase II; and Resolution R-2-07. Motion declared carried.

PLAT OF VACA. UTIL. EASE./255 WILLE RD. TIF #3:

Resolution R-3-07

Moved by Murphy, seconded by Argus, to POSTPONE until January 16, 2007, the matter of Plat of Vacation for Utility and Access Easement for Wireless Cell Tower on property located at 255 Wille Road in TIF District #3 - Phase II; and Resolution R-3-07. Motion declared carried.

PLAT OF VACA. UTIL. EASE./301 WILLE RD. TIF #3:

Resolution R-4-07

Moved by Murphy, seconded by Argus, to POSTPONE until January 16, 2007, the matter of Plat of Vacation for Utility and Access Easement for the Wireless Cell Tower located on the western edge of property located at 301 Wille Road in TIF District #3 - Phase II; and Resolution R-4-07. Motion declared carried.

GISDATA BASE SERVICES/MUNICIPAL GIS PARTNERS:

Consent Agenda

Resolution R-5-07

Moved by Murphy, seconded by Argus, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "GIS Consortium Service Provider Contract" with Municipal GIS Partners, Inc., 188A Skokie Valley Road, Highland Park, IL 60035, to provide 2007 GIS Database Services at a cost not-to-exceed $165,233/GIS Funds; and further recommend to adopt Resolution R-5-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN MUNICIPAL GIS PARTNERS, INC. AND THE CITY OF DES PLAINES FOR GIS DATABASE SERVICES FOR CALENDAR YEAR 2007. Motion declared carried as approved unanimously under Consent Agenda.

APPOINTMENT:

Consent Agenda

Moved by Sayad, seconded by Becker, to approve Mayoral appointment to the ZONING BOARD OF APPEALS of Robert J. Porada, term to expire April 30, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-67-06 PROHIBIT POTABLE GROUNDWATER/1590 LEE:

Consent Agenda

Moved by Sayad, seconded by Becker, to adopt Ordinance M—67-06, AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT 1590 LEE STREET IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE T-2-07 TRAFFIC RESTRICTION/ALLES ST.:

Moved by Beauvais, seconded by Murphy, to advance to Second Reading and adopt Ordinance T-2-07. AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 5, "ONE-WAY, STOP AND YIELD STREETS," SECTION 2, "ONE-WAY STREETS," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 6-Beauvais, Murphy, Sayad,

Becker, Smith, Argus

NAYS: 0-None

ABSENT: 2-Christiansen, Brookman

Motion declared carried.

ORDINANCE T-3-07 PARKING RESTRICTION/ALLES ST.:

Moved by Beauvais, seconded by Murphy, to advance to Second Reading and adopt Ordinance T-3-07. AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 3, "PARKING PROHIBITED IN DESIGNATED PLACES," SCHEDULE I, OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 6-Beauvais, Murphy, Sayad,

Becker, Smith, Argus

NAYS: 0-None

ABSENT: 2-Christiansen, Brookman

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:

Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole asking if the budget and financial statements were on-line. City Manager Niemeyer said not yet.

Moved by Smith, seconded by Murphy, to recommend to the City Council approval of the January 3, 2007 - Warrant Register, in the total amount of $3,301,617.26; and further recommend that Resolution R-6-07 be adopted at appropriate time this evening. Motion declared carried.

COMMUNITY DEVELOPMENT - Alderman Becker, Chair

REPORT/UNDERSIZED LOT - 324 BERKSHIRE:

Alderman Becker stated that 5.4-1 of the Des Plaines Zoning Ordinance requires that building permit applicants with undersized lots of record must present their plans for construction to the City Council before a permit may be issued. NO ACTION IS REQUIRED BY THE CITY COUNCIL.

Mr. Mukesh Patel has applied for a building permit to build a single-family residence on an existing lot of record at 324 Berkshire Lane; property is 91.56' x 36.56' with a total lot area of 6,773 sq. ft.; petitioner has removed the patio and re-situated the air conditioning condensers to meet all setback requirements; based upon the review of the petitioner’s plans, the proposed single-family residence is appropriate for the area.

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

FINAL PLAT/2264-2268 DOUGLAS:

Resolution R-156-06

Moved by Becker, seconded by Smith, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Northwest Subdivision (formerly Mauro), 2264 and 2268 Douglas Avenue (between Jarvis and Jarlath Avenues); Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-156-06, A RESOLUTION APPROVING THE FINAL PLAT FOR NORTHWEST (FORMERLY MAURO) SUBDIVISION LOCATED AT 2264 AND 2268 DOUGLAS AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was:

AYES: 6-Beauvais, Murphy, Sayad,

Becker, Smith, Argus

NAYS: 0-None

ABSENT: 2-Christiansen, Brookman

Motion declared carried.

WARRANT REGISTER:

Resolution R-6-07

Moved by Sayad, seconded by Becker, to concur with recommendation of Committee of the Whole to adopt Resolution R-6-07, 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: $3,301,617.26. Upon roll call, the vote was:

AYES: 6-Beauvais, Murphy, Sayad,

Becker, Smith, Argus

NAYS: 0-None

ABSENT: 2-Christiansen, Brookman

Motion declared carried.

ADJOURNMENT:

Moved by Becker, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 7:55 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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