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, FEBRUARY 5, 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 6:05 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, February 5, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Sayad, Becker, Argus. Aldermen Beauvais, Murphy, Brookman and Smith were absent. Alderman Murphy arrived in Executive Session at 6:17 p.m. Alderman Brookman arrived at 6:33 p.m. Alderman Beauvais arrived at 6:34 p.m.

Also present were: City Manager Niemeyer, Assistant City Manager Bajor, Interim Director of Finance Simpson, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Development Planner Gascoigne, Deputy Director of Community & Economic Development Angell and City Attorney Wiltse.

EXECUTIVE SESSION:

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

AYES: 5-Christiansen, Sayad, Becker, Argus, Arredia

NAYS: 0-None

ABSENT: 4-Beauvais, Murphy, Brookman, Smith

Motion declared carried.

The City Council recessed at 6:06 p.m.

The City Council reconvened at 7:05 p.m.

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

PRAYER:

The opening prayer was given by Reverend Gary Houdek, Golf Road Baptist Church, followed by the Pledge of Allegiance to the Flag.

PRESENTATION:

Alderman Becker and Christine Bajor, Environmental Services Coordinator, presented plaques of appreciation to the sixteen (16) schools who participated in decorating the 2006 holiday trees in Metropolitan Square; plaques were also presented to the Optimist Club of Des Plaines and the Des Plaines Education Association who made donations to the 2006 holiday ceremony.

Environmental Services Coordinator Bajor presented a plaque of appreciation to Alderman Becker for his dedication to this project for the past seven (7) years.

CITIZEN PARTICIPA.:

Mr. Andy Samborski, 2108 Sherwin Avenue, addressed the City Council stating that he is a crossing guard at Wolf and Rand Roads; he very concerned about the dangerous conditions there with reckless drivers; it is very dangerous for the children; also the timing on the "walk" light is very short; IDOT should adjust them; this is a problem throughout Des Plaines, not just at that corner; State Representative Elaine Nekritz is going to propose a House bill that would make aggravated reckless driving where a school crossing guard is performing official duties a Class 3 felony.

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement regarding "liberty" and its meaning (copy in City Council folder), and how it relates to the recent referendum on five (5)-corners TIF; he has asked this question before and he is asking it again - "What is your logical reasoning for ignoring the citizens’ authority on this TIF issue as evidenced by the referendum?" Alderman Brookman stated that she would like to remind everyone that she has voted consistently against this TIF.

ACQUISITION OF REAL PROPERTY/ACE RENT-A CAR, 2985 S. MANNHEIM:

Moved by Becker, seconded by Christiansen, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding acquisition of Ace Rent-A-Car, 2985 S. Mannheim Road; final approval of acquisition order and amount will take place at a future City Council meeting in open session. Upon roll call, the vote was:

AYES: 5-Beauvais, Christiansen,

Murphy, Becker, Arredia

NAYS: 3-Sayad, Brookman, Argus

ABSENT: 1-Smith

Motion declared carried.

CONSENT AGENDA:

Alderman Christiansen requested that Items 3, 3a, 5 and 5a be removed from the Consent Agenda; City Clerk McAllister requested that Items 14 and 14a be removed.

Moved by Murphy, seconded by Sayad, to establish a Consent Agenda except for Items 3, 3a, 5, 5a, 14 and 14a. Motion declared carried.

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

AYES: 7-Beauvais, Christiansen, Murphy,

Sayad, Brookman, Becker, Argus

NAYS: 0-None

ABSENT: 1-Smith

Motion declared carried. Staff recommendations and requests were approved; minutes were approved; Ordinances M—4-07 and Z-2-07 were placed on First Reading; and Resolutions R-18-07, R-19-07, R-20-07, R-21-07, R-22-07, R-23-07 and R-24-07 were adopted.

MINUTES:

Consent Agenda

Moved by Becker, seconded by Brookman, to approve minutes of the regular meeting of the City Council held January 16, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Becker, seconded by Brookman, to approve minutes of the Executive Session of the City Council held January 16, 2007. Motion declared carried as approved unanimously under Consent Agenda.

REGULATIONS/DUMPSTERS IN RIGHTS-OF-WAY:

Ordinance M—3-07

Alderman Christiansen stated his concern that three (3)-months seems like a long time to have a dumpster on a street; the dumpster should be on the owner’s property not in the street where it will take up parking spaces; does it have to be on a hard surface?; will the neighbors be notified?; will it be placed in close proximity to the job?

Moved by Christiansen, seconded by Sayad, to REFER BACK TO STAFF the proposed regulations of dumpsters in rights-of-way and Ordinance M—3-07, for further review.

Motion declared carried.

PROHIBIT POTABLE GROUNDWATER/1350 MINER:

Consent Agenda

Ordinance M-4-07

Moved by Becker, seconded by Brookman, to concur with Staff recommendation to prohibit the use of groundnwater (well water) as a potable water supply by installation of or use of potable water supply wells or by any other method within a 2,500' radius of property located at 1350 Miner Street; and further recommend to place on First Reading Ordinance M—4-07, AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE BY ANY OTHER METHOD AT 1350 MINER STREET/NORTHWEST HIGHWAY IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda.

ZONING CASE 06-125-V VARIATION/901 GRACELAND:

Ordinance Z-3-07

Moved by Christiansen, seconded by Becker, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 06-125-V, to grant request to permit no interior parking lot landscaping, instead of the 5% interior parking lot landscaping as required for the proposed construction of a seven (7)-unit condominium development in R-4 Central Core Residential District on property located at 901 Graceland Avenue; and further recommend to place on First Reading Ordinance Z-3-07, AN ORDINANCE AUTHORIZING A MAJOR VARIATION TO SECTION 10.8-3 C. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT NO INTERIOR PARKING LOT LANDSCAPING INSTEAD OF THE REQUIRED 5% INTERIOR PARKING LOT LANDSCAPING AT 901 GRACELAND AVENUE, DES PLAINES, ILLINOIS. Motion declared carried.

TEXT AMEND./CLASS A RESTAURANTS, ETC.:

Consent Agenda

Ordinance Z-2-07

Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve Text Amendment to the Zoning Case, Table 7.3-1 - "Commercial District Use Matrix," Condition Six (6), regarding the conditions and requirements for Class "A" restaurants, taverns and lounges in the C-2 Limited Office Commercial District, to remove the existing language and replace it with a new Condition Six (6) which would read: "when located on the ground floor/level and incorporated within, or accessory to, an office/hotel use;" and further recommend to place on First Reading Ordinance Z-2-07, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE, TABLE 7.3-1, "COMMERCIAL DISTRICT USE MATRIX," CONDITION SIX (6). Motion declared carried as approved unanimously under Consent Agenda.

FINAL PLAT/2100 CLEARWATER:

Consent Agenda

Resolution R-18-07

Moved by Becker, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Chicago Faucets Subdivision, 2100 Clearwater Drive; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-18-07, A RESOLUTION APPROVING THE FINAL PLAT FOR CHICAGO FAUCETS SUBDIVISION LOCATED AT 2100 CLEARWATER DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

MFT FUNDING/2007 MAINT. STREETS & HIGHWAYS:

Consent Agenda

Resolution R-19-07

Moved by Becker, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to execute and certify IDOT Resolution for Year 2007 Maintenance of Streets and Highways/Motor Fuel Tax Section 07-00000-00-GM in the amount of $621,000, as follows: Sidewalk Improvements - $250,000; Curb Removal & Replacement - $75,000; Maintenance of Traffic Signals - $38,000; Street Pavement Marking - $40,000; Ice Control - $140,000; Electric Energy for Street Lighting - $28,000 and Material Testing - $50,000; and further recommend to adopt Resolution R-19-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION "RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAYS CODE," FOR THE PURPOSE OF MAINTAINING STREETS AND HIGHWAYS IN THE CITY. Motion declared carried as approved unanimously under Consent Agenda.

CONTRACT EXTENSION/UTILITY BILLING SERVICES:

Consent Agenda

Resolution R-20-07

Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve three-year extension to contract with Third Millennium Associates, Inc., 328 S. Jefferson Street, Chicago, IL 60661 (originally approved by the City Council on March 16, 1998 - Resolution R-20-98, and first extension approved by the City Council on February 19, 2002 - Resolution R-17-02), to provide Utility Billing Services at the same fixed price established in 1999 of $0.218 per utility bill (approximately $22,236 annually)/Budgeted Funds, effective February 5, 2007; and further recommend to adopt Resolution R-20-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THIRD MILLENNIUM ASSOCIATES, INC. AND THE CITY OF DES PLAINES FOR UTILITY BILLING PRODUCTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda.

CONTRACT EXTENSION/VEHICLE LICENSE APPLIC. PROD. SERVICES:

Consent Agenda

Resolution R-21-07

Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve three-year extension to contract with Third Millennium Associates, Inc., 328 S. Jefferson Street, Chicago, IL 60661 (originally approved by the City Council on February 16, 1999 - Resolution R-9-99 and first extension approved by the City Council on October 21, 2002 - Resolution R-107-02) to provide Vehicle License Billing Services at the Year 2000 rate of $.286 per license application, effective February 5, 2007; and further recommend to adopt Resolution R-21-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THIRD MILLENNIUM ASSOCIATES, INC. AND THE CITY OF DES PLAINES FOR VEHICLE LICENSE APPLICATION PRODUCTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda.

CONTRACT EXTENSION/HVAC MAINT., BEDCO:

Consent Agenda

Resolution R-22-07

Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve one-year extension of contract with Bedco Mechanical, 322 N. Wolf Road, Mt. Prospect, IL 60056 (original bid approved by the City Council on January 7, 2002, first extension approved by the City Council on November 1, 2004 - Resolution R-123-04 and second extension approved by the City Council on December 19, 2005 - Resolution R-175-05) for Maintenance of Heating and Air Conditioning Systems at the Civic Center, Police Department, Public Works Department and the Train Station, for the period of January 1, 2007 through December 31, 2007, in the amount of $6,498/Budgeted Funds; and further recommend to adopt Resolution R-22-07, A RESOLUTION AUTHORIZING A ONE-YEAR EXTENSION OF AN AGREEMENT FOR HEATING AND AIR CONDITIONING MAINTENANCE SERVICES BETWEEN THE CITY OF DES PLAINES AND BEDCO MECHANICAL. Motion declared carried as approved unanimously under Consent Agenda.

VEHICLE ENFORCEMENT AGREEMENT/1433 PERRY:

Consent Agenda

Resolution R-23-07

Moved by Becker, seconded by Brookman, 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 1433 Perry Street (Perry Street Commons Condo Association); and further recommend to adopt Resolution R-23-07, 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 PERRY STREET COMMONS CONDO ASSOCIATION FOR PROPERTY LOCATED AT 1433 PERRY STREET, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda.

CONTRACT EXTENSION/AMBULANCE FEE BILLING-COLLECTION SVS. AGREE.:

Consent Agenda

Resolution R-24-07

Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve one-year extension of contract with Medical Reimbursement Services, Inc., P.O. Box 43895, Chicago, IL 60643 (originally approved by the City Council on March 1, 2004 - Resolution R-21-04) to provide Non-Resident Ambulance Fee Billing/Collection Services at the 2004 rate of 8% of collections, effective March 1, 2007 through February 28, 2008; and further recommend to adopt Resolution R-24-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A ONE YEAR EXTENSION OF A CONSULTING SERVICES AGREEMENT BETWEEN MEDICAL REIMBURSEMENT SERVICES, INC. AND THE CITY OF DES PLAINES FOR AMBULANCE BILLING SERVICES. Motion declared carried as approved unanimously under Consent Agenda.

TEMPORARY PARK. LEASE/520 D.P. RIVER RD.:

Resolution R-25-07

Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation that City Manager be authorized to execute "Land Lease" with Des Plaines Elks Lodge #1526, 495 Lee Street, Des Plaines, to permit temporary parking on property located at 520 S. Des Plaines River Road until May 31, 2007; required certificate of insurance has been provided; and further recommend to adopt Resolution R-25-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY LAND LEASE BETWEEN THE CITY OF DES PLAINES AND DES PLAINES ELKS LODGE #1526 FOR PROPERTY LOCATED AT 520 D.P. RIVER ROAD. Upon roll call, the vote was:

AYES: 6-Beauvais, Christiansen, Murphy,

Sayad, Brookman, Argus

NAYS: 0-None

ABSENT: 1-Smith

ABSTAIN:1-Becker (conflict of interest - member of Des Plaines Elks Lodge #1526)

Motion declared carried.

C.O. #1/2006 STREET IMPROVEMENTS-CONTRACT 2:

Consent Agenda

Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve Change Order #1 to contract with Chicagoland Paving Contractors, Inc., 225 Telser Road, Lake Zurich, IL 60047 (approved by the City Council on May 15, 2006) for 2006 Street Improvements - Contract 2, to add additional sidewalk removal and replacement, and additional unsuitable subgrade soil removal and replacement, in the amount of $36,569.14/Capital Projects Fund ($32,360.99) and Special Service Area #7 ($4,208.15), for a new contract total of $519,173.39. Motion declared carried as approved unanimously under Consent Agenda.

2007 MEMBERSHIP DUES/MABAS:

Consent Agenda

Moved by Becker, seconded by Brookman, to concur with Staff recommendation to approve annual membership dues for 2007 with MABAS (Mutual Aid Box Alarm System) Division 3, 1815 Glenview Road, Glenview, IL 60025, in the amount of $5,000/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE Z-3-07 VARIATION/901 GRACELAND:

Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-3-07, AN ORDINANCE AUTHORIZING A MAJOR VARIATION TO SECTION 10.8-3 C. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT NO INTERIOR PARKING LOT LANDSCAPING, INSTEAD OF THE REQUIRED 5% INTERIOR PARKING LOT LANDSCAPING, AT 901 GRACELAND AVENUE, DES PLAINES, ILLINOIS (Case 06-125-V). Upon roll call, the vote was:

AYES: 7-Beauvais, Christiansen, Murphy,

Sayad, Brookman, Becker, Argus

NAYS: 0-None

ABSENT: 1-Smith

Motion declared carried.

ORDINANCE Z-2-07 TEXT AMEND./CLASS A RESTAURANTS, ETC.:

Moved by Becker, seconded by Sayad, to advance to Second Reading and adopt Ordinance Z-2-07, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE, TABLE 7.3-1, "COMMERCIAL DISTRICT USE MATRIX," CONDITION SIX (6). Upon roll call, the vote was:

AYES: 7-Beauvais, Christiansen, Murphy,

Sayad, Brookman, Becker, Argus

NAYS: 0-None

ABSENT: 1-Smith

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 Christiansen, seconded by Murphy, to recommend to the City Council approval of the February 5, 2007 - Warrant Register, in the total amount of $3,494,025.49; and further recommend that Resolution R-26-07 be adopted at appropriate time this evening. Motion declared carried.

COMMUNITY DEVELOPMENT - Alderman Becker, Chair

2007 COMPREHENSIVE PLAN:

Deputy Director of Community & Economic Development Angell stated that the last and current Comprehensive Plan was revised in 1998; Staff has been working on a complete revision since June of 2005; several public hearings and public input meetings have been held along with a review by the Des Plaines Plan Commission; revisions resulting from these meetings and hearings were incorporated into the preliminary draft presented to the City Council on June 5, 2006; the City Council provided additional revisions to the Plan.

Mr. Phil Hanegraaf, Associate Vice President, HNTB Corporation, 111 N. Canal Street, Suite 1250, Chicago, IL 60606, the City’s planning consulting firm, addressed the Committee of the Whole and answered questions from the aldermen.

Mr. Hanegraaf stated that the revisions suggested by the aldermen were very valuable; approval of the Plan is necessary before a complete revision of the zoning code is begun; the Comprehensive Plan is just a guide or vision for land use development within Des Plaines - it is not "set in stone" but a document that can and must be changed as the City experiences diverse types of growth.

Deputy Director Angell and Mr. Hanegraaf reviewed the Comprehensive Plan and its accompanying maps with the aldermen, noting the various revisions.

Alderman Beauvais asked when the Zoning Code will be revised. Deputy Director Angell said that will be a two (2) process costing approximately $100,000 in 2007 and $100,000 in 2008, 80% of which is reimbursable.

Alderman Beauvais asked if this will affect redevelopment during these two (2) years. Deputy Director Angell said yes, there will be a lag that is why the Staff needs an approved Comprehensive Plan to use as a guide.

Alderman Becker stated that future Staff reports should show what the current zoning of a piece of property is and then what the Comprehensive Plan suggests.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole asking if the Plan was on the Internet. Deputy Director Angell said no, but the complete Plan and maps are at the Library; it would be very difficult to put it on the Internet because of the volume.

Mr. Burkross stated that the public has not had the ability to have access to this information; he would like to see what was actually changed; he would have liked to have seen the Plan before; the residents should be able to give their input if a project is rezoned.

Alderman Becker stated that there are public hearings held when a piece of property is rezoned and the neighbors are notified of the meeting.

Moved by Becker, seconded by Argus, to concur with Staff recommendation and recommend to the City Council to approve the 2006 Comprehensive Plan and Ordinance M—5-07 be placed on First Reading at appropriate time this evening.

Several aldermen complimented Mr. Hanegraaf and HNTB Corporate for a job well done.

Alderman Brookman requested that the record show that her vote for the Comprehensive Plan should not imply her support of the five (5)-corners TIF.

Motion declared carried.

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

WARRANT REGISTER:

Resolution R-26-07

Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-26-07, 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: $3,494,025.49. Upon roll call, the vote was:

AYES: 7-Beauvais, Christiansen, Murphy,

Sayad, Brookman, Becker, Argus

NAYS: 0-None

ABSENT: 1-Smith

Motion declared carried.

2007 COMPREHENSIVE PLAN:

Ordinance M-5-07

Moved by Becker, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve the 2007 Comprehensive Plan and place on First Reading Ordinance M—5-07, AN ORDINANCE ADOPTING THE COMPREHENSIVE LAND USE PLAN 2007 OF THE CITY OF DES PLAINES.

Alderman Brookman requested that the record show that her vote for the Comprehensive Plan should not imply her support of the five (5)-corners TIF.

Upon roll call, the vote was:

AYES: 7-Beauvais, Christiansen, Murphy,

Sayad, Brookman, Becker, Argus

NAYS: 0-None

ABSENT: 1-Smith

Motion declared carried.

ADJOURNMENT:

Moved by Murphy, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:27 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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