City Council Meeting Minutes

MINUTES OF THE SPECIAL 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, JUNE 25, 2007

CALL TO ORDER: The Special 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 Monday, June 25, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus. Alderman Beauvais was absent. Alderman Beauvais arrived at 6:35 p.m.

Also present were Acting City Manager Bajor, Acting Director of Finance Simpson, Police Chief Prandini, Deputy Fire Chief Jaeger, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Emergency Communications Ornberg, Director of Community & Economic Development Conlan, Deputy Director of Community & Economic Development Angell and Assistant City Attorney Bartel.

STRATEGIC PLAN AND GOALS:

Acting City Manager Bajor reviewed his memo of June 19, 2007, which outlined the series of strategic planning and goal setting workshops that were held to establish the list of strategic goals prioritized by the nature of the goal, i.e. short-term or long-term, routine or complex; and its perceived importance to the community and/or organization.

Acting City Manager Bajor gave a PowerPoint presentation and reviewed the mission statement along with a set of beliefs and visions for the City which will be used as a guidepost in the consideration of current and potential challenges facing the City.

Alderman Walsten stated that we need to insert other things, like the Green Plan, when it is necessary.

Alderman Smith stated that perhaps we should look at the list of goals and reprioritize if necessary. Acting City Manager Bajor asked that reprioritization wait until after the 2008 Budget process has been completed.

Acting City Manager Bajor stated that he will be presenting the mission statement along with the set of beliefs and visions on a subsequent City Council agenda with a resolution; he asked that the aldermen contact him if they have any questions or concerns.

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

PUBLIC SAFETY - Alderman Beauvais, Chair

CRIME FREE MULTI-UNIT HOUSING PROGRAM:

Police Chief Prandini reviewed his memo of June 14, 2007, regarding his request for an amendment to Section 10-3-4 - Licensing of Residential Properties Used for Rental Purposes of the City Code to include the Crime Free Multi-Unit Housing Program which is intended to provide assurances that the City and owners of rental properties have additional measures in place to respond to and mitigate chronic complaints caused by tenants of rental properties.

Police Chief Prandini stated that there would be additions to the ordinance that would require attendance of a Crime Free Multi-Unit Housing Program Seminar by the owner/landlord before a valid operating license will be issued by the City; and also a current list of tenants and the units they occupy must be provided.

Police Officer John Gitzinger gave a PowerPoint presentation detailing the scope of the Crime Free Multi-Housing Program; this program has been successful in reducing crime in Schaumburg= s rental units by over 15%; Palatine, Mt. Prospect and Rosemont have recently adopted similar ordinances as a deterrent to crime; goals of the program include reducing crime in rental property; reduce the fear of crime; improve communication and trust; and enhance the quality of life for the residents of Des Plaines.

Alderman Murphy stated that she is absolutely opposed to this program especially the release of tenant names; there should be hearings on this matter with anyone that would be impacted by this; this would be a violation of privacy rights; we need additional information and hearings held before a decision is made.

Moved by Murphy, seconded by Brookman, to recommend to the City Council that further discussion on the Crime Free Multi-Unit Housing Program and Ordinance M-32-07 be POSTPONED until a hearing is held with valid operating licensed owners/landlords of rental properties.

Alderman Smith asked how often would the tenant names have to be submitted to the Police Department. Police Chief Prandini said every time there is a change. Alderman Smith stated that we should look at this a little bit more.

Alderman Higgason would like to know how senior citizen housing facilities would be affected by this.

Alderman Brookman stated that she is opposed to this program; she owns rental property in other communities and their lease covers things like this; she would like a copy of the ordinances from the other communities who have a like program.

Mayor Arredia stated that the owner of the property is not always known; tenants sometimes pay through a Trust; there are quite a few buildings like that.

Alderman Moylan stated that we have to hold the landlords accountable; he will be voting for this amendment.

Alderman Murphy stated that she understands that the police have to have more tools, but we have to follow due process; the City should still notify all the landlords even though some of them won= t come to the hearing; when you talk about submitting these names to the Police Department, she has a real problem with that.

Acting City Manager Bajor asked if we could eliminate the requirement that tenant names be submitted to the Police Department. Police Chief Prandini said yes.

Alderman Higgason asked how would we get the owner/landlord names. Police Chief Prandini said from the Finance Department where they are licensed.

Alderman Brookman stated that she understands that Staff is just trying to do a good job, but you have to be careful that we don= t trample on property rights; this has to be referred back to committee and it should be the Legal & Licensing Committee; we have to be careful that we don= t find ourselves in Court; she is still 100% against this.

Alderman Walsten stated that perhaps we could eliminate the names and move forward with this amendment.

Alderman Smith stated that he is still concerned about privacy with these broad changes.

Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that it is difficult to find out who lives in a building; his condo association has strict rules; he thinks this is a good idea but maybe there should be hearings.

Moved by Moylan, seconded by Argus, to adopt a substitute motion to recommend to the City Council to approve amendment to Section 10-3-4 - Licensing of Residential Properties Used for Rental Purposes to include Crime Free Multi-Unit Housing Program but eliminate the requirement that the licensee will provide a current list of tenants and the units they occupy. MOTION DECLARED FAILED (Aldermen Beauvais, Moylan, Walsten and Argus voted yes; Alderman Murphy, Higgason, Brookman and Smith voted no - a tie vote is a failed vote).

Motion declared carried on the original motion. Aldermen Beauvais, Moylan and Argus voted no.

CHRONIC NUISANCE ABATEMENT:

Police Chief Prandini reviewed his memo of June 14, 2007, requesting that the current Chronic Property Nuisance Abatement Ordinance be amended to improve the Police Department= s ability to resolve nuisance activity on a timely basis;, i.e. expand the time frame of three (3) reported incidents to 180 consecutive days and expand three (3) reported incidents involving prostitution and drug activity to 365 consecutive days.

Police Chief Prandini stated the amendment would also expand the description of Nuisance Activity to allow the Police Department to use the ordinance to its fullest extent; also the amendment would expand the description of the property to enable the Police Department to enforce the ordinance when an owner or tenant of the property commits crimes on a public way in vicinity of the property, i.e. street corner drug activity.

Alderman Brookman stated that Section 5-4-5:D.6. of the proposed ordinance be amended to remove the word A title;@ she also believes the specific Nuisance Activity definitions should remain as they are in the current ordinance; the proposed language is too broad; this should go back to committee; we should go slowly on this.

Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he likes it that people on a street corner could be removed; there has been so much killing of children on street corners in Chicago.

Moved by Beauvais, seconded by Higgason, to recommend to the City Council to amend the proposed Chronic Property Nuisance Abatement Ordinance to retain the definitions of Nuisance Activity in Section 5-4-1 - A through M; add additional specific offenses; delete A Any activity that constitutes a felony, misdemeanor, business offense or petty offense under federal, state or municipal law;@ remove the word A title@ from Section 5-4-5:D.6 and clarify intent of that section; and further recommend to place on First Reading Ordinance MC 33-07 - AS AMENDED.

Moved by Brookman, seconded by Murphy, to adopt a substitute motion to recommend to the City Council that the proposed amendment to the Chronic Nuisance Abatement Ordinance be referred back to committee for further review. MOTION DECLARED FAILED (Aldermen Murphy, Brookman and Smith voted yes; Aldermen Beauvais, Moylan, Higgason, Walsten and Argus voted no).

Motion declared carried on the original motion. Aldermen Brookman and Smith voted no.

FIRE STATION NEEDS ANALYSIS:

Deputy Fire Chief Jaeger reviewed his memo of June 18, 2007, which states that funds were approved in the 2007 Budget for the City to conduct a Fire Station Needs Analysis which will project costs associated with the four (4) or five (5) fire station project, scheduled to be presented to the City Council on August 13, 2007.

Deputy Fire Chief Jaeger stated that Staff is recommending that Sente, Rubel, Bosman, Lee provide the Fire Station Needs Analysis; they were the architect of choice for the major building addition to Fire Station #3; they are also currently providing professional services to the Police Department.

Moved by Higgason, seconded by Argus, to concur with Staff recommendation and recommend to the City Council to accept proposal from Sente, Rubel, Bosman, Lee, 1161 A A@ Lake Cook Road, Deerfield, IL 60015, to provide a Fire Station Needs Analysis in the amount of $10,900/Budgeted Funds; it would be in the best interest of the City that usual bids procedures be waived; and further recommend to adopt Resolution R-90-07 at appropriate time this evening. Motion declared carried.

COMMUNITY DEVELOPMENT - Alderman Murphy, Chair

TIME EXTENSION/FINAL PLAT HARP GROUP HOTEL PROJ. TIF #6:

Alderman Murphy reviewed this request from Harp Group, LLC, the developer of the Harp Group Hotel Project, for a 90-day extension for approval of the Final Plat for the Planned Unit Development (PUD) for construction of two (2) hotel developments with associated parking on property located at 2811-2845 S. Mannheim Road (Mannheim Road and Pratt Avenue).

Attorney Patrick Brankin, Schain, Butrney, Ross & Citron, Ltd., 222 N. LaSalle Street, Suite 1910, Chicago, IL 60611, representing the petitioner; Mr. Tim Franzen, parking official with the Harp Group, addressed the Committee of the Whole and answered questions from the aldermen.

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council to approve 90-day time extension from June 26, 2007 to September 24, 2007, for approval of Final Plat for Planned Unit Development (PUD) for construction of two (2) hotel developments with associated parking for property located at 2811-2845 S. Mannheim Road, TIF District #6, as required in Ordinance Z-20-06, approved by the City Council on June 19, 2006; and further recommend to adopt Resolution R-91-07 at appropriate time this evening. Motion declared carried.

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

CRIME FREE MULTI-UNIT HOUSING PROGRAM:

Ordinance M-32-07

Moved by Higgason, seconded by Brookman, to concur with recommendation of Committee of the Whole that further discussion on the Crime Free Multi-Unit Housing Program and Ordinance MC 32-07 be POSTPONED until a hearing is held with valid operating licensed owners/landlords of rental properties. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Walsten, Smith

NAYS: 2-Beauvais, Argus

ABSENT: 0-None

Motion declared carried.

CHRONIC NUISANCE ABATEMENT:

Ordinance MC 33-07

As Amended

Moved by Beauvais, seconded by Argus, to concur with recommendation of Committee of the Whole to amend proposed Chronic Property Nuisance Abatement Ordinance to retain the definitions of Nuisance Activity in Section 5-4-1 - A through M; add additional specific offenses; delete A Any activity that constitutes a felony, misdemeanor, business offense or petty offense under federal, state or municipal law;A remove the word A title@ from Section 5-4-5:D.6 and clarify intent of that section; and further recommend to place on First Reading Ordinance MC 33-07 - AS AMENDED, AN ORDINANCE AMENDING TITLE 5, A PUBLIC HEALTH AND SAFETY,@ CHAPTER 4, A CHRONIC NUISANCE PROPERTY ABATEMENT,@ OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried. Alderman Brookman voted no.

FIRE STATION NEEDS ANALYSIS:

Resolution R-90-07

Moved by Beauvais, seconded by Murphy, to concur with recommendation of Committee of the Whole to accept proposal from Sente, Rubel, Bosman, Lee, 1161 A A@ Lake Cook Road, Deerfield, IL 60015, to provide a Fire Station Needs Analysis in the amount of $10,900/Budgeted Funds; it would be in the best interest of the City that usual bids procedures be waived; and further recommend to adopt Resolution R-90-07, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR A FIRE DEPARTMENT SPACE NEEDS STUDY WITH SRBL, ARCHITECTS, LTD. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

TIME EXTENSION/FINAL PLAT HARP GROUP HOTEL PROJ. 2811-2845 MANNHEIM RD. TIF #6:

Resolution R-91-07

Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole to approve 90-day time extension from June 26, 2007 to September 24, 2007, for approval of Final Plat for Planned Unit Development (PUD) for construction of two (2) hotel developments with associated parking, for property located at 2811-2845 S. Mannheim Road, TIF District #6, as required in Ordinance Z-20-06, approved by the City Council on June 19, 2006; and further recommend to adopt Resolution R-91-07, A RESOLUTION AUTHORIZING AN EXTENSION OF 90 DAYS FOR THE SUBMISSION OF THE FINAL PLAT FOR HARP DES PLAINES, LLC, FOR THE PROPERTY LOCATED AT MANNHEIM ROAD AND PRATT AVENUE. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

ADJOURNMENT:

Moved by Beauvais, seconded by Argus, that the Special meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:27 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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