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, JULY 16, 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, July 16, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Walsten, Argus. Aldermen Beauvais, Brookman and Smith absent. Alderman Brookman arrived in Executive Session at 6:34 p.m. Alderman Beauvais arrived at 7:38 p.m.

Also present were: Acting City Manager Bajor, 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, Management Intern Palmer and City Attorney Wiltse.

EXECUTIVE SESSION:

Moved by Murphy, seconded by Higgason, to go into Executive Session to discuss biannual review of Executive Session minutes and probable-imminent litigation. Upon roll call, the vote was:

AYES: 5-Moylan, Murphy, Higgason,

Walsten, Argus

NAYS: 0-None

ABSENT: 3-Beauvais, Brookman, Smith

Motion declared carried.

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

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

Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Brookman, Walsten, Argus.

PRAYER:

The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag.

PRESENTATION:

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; this will be part of the Strategic Plan for the City.

CITIZEN PARTICIPA.:

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that a firefighter recently died in New York when he fell off a roof carrying 100 lbs. of equipment; we should make sure that our firefighters= equipment are right for their weight.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that Metropolitan Square was recently sold; we were told the land would not be A flipped@ but it was; the City should come up with some measure that will prevent this from happening in the future?; also, he was amazed that only one (1) consultant was presented for the City Council consideration for TIF #4; you were not given any information on the other companies; you should not take a vote until you have the data on the other firms; he believes the plan should have been done before the TIF was created.

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder) and requested that an analysis of the votes cast at the November election be distributed to the aldermen; the voters overwhelming rejected TIF #4 by a margin of almost 4 to 1; you could have this area designated as a special taxing district to fund the revitalization project; remove the threat of eminent domain from your ordinance for the purpose of taking property from one citizen and handling it over to another.

Alderman Beauvais entered the meeting at 7:38 p.m.

BIANNUAL REVIEW OF EXEC. SESS. MINUTES:

Moved by Brookman, seconded by Murphy, to concur with consensus in Executive Session that the following Executive Session minutes or portions thereof, no longer require confidential treatment and are available for public inspection as recommended by City Attorney Wiltse in his memo of July 3, 2007:

September 18, 2000 -Acquisition of Real Property

600 Algonquin Road

September 4, 2001 -Personnel/Hiring of City Manager

Probable Litigation

New Library Change Order

November 19, 2001 -Acquisition of Real Property

Wille Road TIF #3 Land Purchase

February 19, 2002 -Acquisition of Real Property

Rand Road Levee, Right-Of-Way

March 4, 2002 -Performance Evaluation Criteria

City Manager Scott Miller

May 5, 2003 -Probable-Imminent Litigation

Vacation of City Streets for

O= Hare Expansion

-Personnel

Hiring of City Manager D. Niemeyer

April 5, 2004 -Pending Litigation

170 N. Wolf Road

January 17, 2006 -Executive Session Minutes

July 17, 2006 -Executive Session Minutes

It was also the consensus of the aldermen that the need for confidentiality still exists as to all or part of the remaining minutes. Motion declared carried.

PROBABLE-IMMINENT LITIGATION/ICC COMPLAINT RE RAILROAD CROSSINGS:

Moved by Brookman, seconded by Murphy, to concur with consensus in Executive Session that Staff be authorized to prepare and file a complaint with the Illinois Commerce Commission complaining of the frequency of railroad crossing blockages by Union Pacific and Canadian National railroads due to the number of gate malfunctions and the duration of the malfunctions. Motion declared carried.

CONSENT AGENDA:

City Clerk McAllister requested that Items 1, 4, 4a, 10 and 10a be removed from the Consent Agenda.

Moved by Murphy, seconded by Higgason, to establish a Consent Agenda except for Items 1, 4, 4a, 10 and 10a. Motion declared carried.

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

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Argus

NAYS: 0-None

ABSENT: 1-Smith

Motion declared carried. Staff recommendations and requests were approved; minutes were approved; Ordinance Z-16-07 was adopted; Ordinances MC 36-07, Z-18-07 and Z-19-07 were placed on First Reading; and Resolutions R-97-07, R-98-07, R-100-07, R-101-07 and R-102-07 were adopted.

MINUTES/6/25/07:

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council requesting that the minutes of the Special meeting of the City Council held June 25, 2007 be postponed for his review.

Moved by Murphy, seconded by Brookman, to POSTPONE until August 6, 2007, approval of the minutes for the Special meeting of the City Council held June 25, 2007. Motion declared carried.

MINUTES:

Consent Agenda

Moved by Murphy, seconded by Beauvais, to approve minutes of the regular meeting of the City Council meeting held July 2, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Murphy, seconded by Beauvais, to approve minutes of the Executive Session of the City Council held July 2, 2007. Motion declared carried as approved unanimously under Consent Agenda.

CHANGE OF LIQ. LIC. CLASSIFICA./1470 MINER:

Ordinance M-35-07

Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council asking for the definition of a Class A Liquor License (hard liquor can be served); he wants to make sure that this did not turn into a liquor store.

Moved by Murphy, seconded by Argus, to concur with Staff recommendation to grant request for Change of Classification from H-1 - Restaurant, Beer and Wine Only Liquor License to Class A - Tavern Liquors Dealers License for property located at 1470 Miner Street, d/b/a Fiesta Del Sol Express; and further recommend to place on First Reading Ordinance MC 35-07, AN ORDINANCE AMENDING TITLE 4, A BUSINESS REGULATIONS,@ CHAPTER 4, A INTOXICATING LIQUORS,@ SECTION 5, A LICENSE FEES AND NUMBERS,@ OF THE DES PLAINES CITY CODE TO DELETE ONE CLASS H-1 LIQUOR LICENSE AND ADD ONE CLASS A LIQUOR LICENSE, CHANGING THE CLASSIFICATION, FOR FIESTA DEL SOL EXPRESS, INC., D/B/A FIESTA DEL SOL EXPRESS, LOCATED AT 1470 MINER STREET, DES PLAINES, ILLINOIS. Motion declared carried.

SPECIAL EVENTS COMM. MEMBERSHIP:

Consent Agenda

Ordinance M-36-07

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to amend Title 2, Chapter 16 - A Special Events Commission,@ Section 2-16-1 of the City Code to reduce the total number of members from 15 to 13; delete the amount of time the chairman can serve; and further recommend to place on First Reading Ordinance MC 36-07, AN ORDINANCE AMENDING TITLE 2, A BOARDS AND COMMISSIONS,@ CHAPTER 16 A SPECIAL EVENTS COMMISSION,@ SECTION 1, A CREATION AND MEMBERSHIP@ OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.

ZONING CASE 07-28-CU CONDIT. USE/567 W. ALGONQUIN:

Ordinance Z-18-07

Moved by Murphy, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 07-28-CU, to grant request for Conditional Use to permit an existing church to construct a multi-purpose facility with a gymnasium in R-1 Single Family Residential District on property located at 567 W. Algonquin Road; and further recommend to place on First Reading Ordinance Z-18-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO AUTHORIZE THE EXPANSION OF A PLACE OF WORSHIP IN ACCORDANCE WITH SECTION 7.2-4C. OF THE ZONING CODE, AS AMENDED, TO ALLOW THE CONSTRUCTION OF A MULTI-PURPOSE FACILITY WITH A GYMNASIUM AT 567 WEST ALGONQUIN ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

TIME EXTEN./FINAL PLAT HARP GROUP TIF #6:

Consent Agenda

Ordinance Z-19-07

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to approve second time extension from September 24, 2007 through and including December 1, 2007, for approval of Final Plat for Planned Unit Development (PUD) for construction of two (2) hotel developments with associated parking (Harp Group), 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 (first extension approved June 25, 2007 - Resolution R-91-07); and further recommend to place on First Reading Ordinance Z-19-07, AN ORDINANCE GRANTING AN EXTENSION FOR THE PRELIMINARY PLANNED UNIT DEVELOPMENT, CONDITIONAL USE, WITH PERMITTED PUD BULK EXCEPTIONS GRANTED BY ORDINANCE Z-20-06 FOR THE PROPERTY COMMONLY KNOWN AS 2811-2845 MANNHEIM ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

FINAL PLAT/CEH SUBDIV. 2240 WESTVIEW:

Consent Agenda

Resolution R-97-07

Moved by Murphy, seconded by Beauvais, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Ceh Subdivision, 2240 Westview Drive; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-97-07, A RESOLUTION APPROVING THE FINAL PLAT FOR CEH SUBDIVISION LOCATED AT 2240 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

PUBLIC IMPROVEMENTS/2247 EASTVIEW DR.:

Consent Agenda

Resolution R-98-07

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to accept Public Improvements for Thomas= Third Subdivision, 2247 Eastview Drive, consisting of repairing the public sidewalk; authorize release of surety in the amount of $1,874 (cash warranty in the amount of $187.50 will be held for 18 months); and further recommend to adopt Resolution R-98-07, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR THOMAS= THIRD SUBDIVISON LOCATED AT 2247 EASTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

CITY= S MISSION STATEMENT & BELIEFS-VISIONS:

Resolution R-99-07

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council asking if the Mission Statement presented by Acting City Manager Bajor earlier in the meeting was the whole statement. Acting City Manager Bajor said yes; it grew out of the strategic planing sessions held with the aldermen; it will be on the Web site and in the Personnel Policy Manual.

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to authorize adoption of the City of Des Plaines= Mission Statement and Beliefs-Visions; and further recommend to adopt Resolution R-99-07, A RESOLUTION AUTHORIZING THE ADOPTION OF THE CITY OF DES PLAINES= MISSION STATEMENT. Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Argus

NAYS: 0-None

ABSENT: 1-Smith

Motion declared carried.

EQUIPMENT TRANSFER AGREEMENT/TOWNSHIP OF MAINE:

Consent Agenda

Resolution R-100-07

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute A Transfer Agreement@ with Township of Maine, 1700 Ballard Road, Park Ridge, IL 60068, to divide shared equipment purchased with funds from the A Build Illinois@ program to maintain creeks and waterways within the two (2) jurisdictions; the City shall retain ownership of 2001 Komatsu Track Carrier and Township of Maine shall retain ownership of 2001 IHI Compact Excavator and 2001 Contrail Utility trailer; and further recommend to adopt Resolution R-100-07, A RESOLUTION AUTHORIZING THE EXECUTION OF AN EQUIPMENT TRANSFER AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE TOWNSHIP OF MAINE. Motion declared carried as approved unanimously under Consent Agenda. 　

CONTINUED PARTICIPATION SUBURBAN TREE CONSORTIUM:

Consent Agenda

Resolution R-101-07

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to authorize City to continue participation in the five (5)-year contractual bid program through the Suburban Tree Consortium, % West Central Municipal Conference, 1127 S. Mannheim Road, Suite 102, Westchester, IL 60154, (entered into on March 15, 1999 - Ordinance MC 11-99, continued participation on September 18, 2000 - Resolution R-64-00, and July 15, 2002 - Resolution R-73-02) to jointly purchase parkway trees on behalf of a number of municipalities in an effort to realize cost savings and ensure a reasonable supply and variety of suitable parkway trees; and further recommend to adopt Resolution R-101-07, A RESOLUTION EXPRESSING CONTINUED PARTICIPATION IN THE SUBURBAN TREE CONSORTIUM FIVE YEAR CONTRACTUAL BID PROGRAM. Motion declared carried as approved unanimously under Consent Agenda.

NACCHO GRANT AGREEMENT/MEDICAL RESERVE CORPS:

Consent Agenda

Resolution R-102-07

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to authorize Chief of Police, or his designee, to execute A Agreement@ with National Association of County and City Health Officials, 1100 17th Street, N.W., Suite 200, Washington, D.C. 20036, for grant money in the amount of $10,000, to be used for the creation of the City= s Medical Reserve Corps; and further recommend to adopt Resolution R-102-07, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS (NACCHO) AND THE CITY OF DES PLAINES (CITY). Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/WATER PLANT HVAC INSTALLATION:

Consent Agenda

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to award bid for Water Plant HVAC Installation to the lowest bidder, KHB Group LLC, d/b/a Midwest Mechanical Group, 540 Executive Drive, Willowbrook, IL 60527, in the voluntarily reduced bid amount of $159,091, using alternative equipment and design/Water Fund. Motion declared carried as approved unanimously under Consent Agenda.

REAPPOINT.-APPOINTMENTS:

Consent Agenda

Moved by Murphy, seconded by Beauvais, to approve Mayoral reappointments-appointments as follows:

Reappointments:

ARCHITECTURAL COMMISSION

William Muehlenbeck, term to expire August 31, 2010

CONSUMER PROTECTION COMMISSION

Michael Lake, term to expire August 30, 2010

Tom Mattox, term to expire August 30, 2011

Richard Arthur, term to expire August 30, 2011

LIBRARY BOARD

Maria Bahamon, term to expire June 30, 2010

Eldon Burk, term to expire June 30, 2010

PLAN COMMISSION

Carl Kowalski, term to expire April 30, 2011

Don Kellerman, term to expire April 30, 2012

POLICE PENSION BOARD

Gaston Freeman, term to expire April 30, 2009

Appointments:

LIBRARY BOARD

Matthew Bogusz, term to expire June 30, 2010

SPECIAL EVENTS COMMISSION

Joyce Solvig, term to expire August 31, 2008

John G. Paul, term to expire August 31, 2011

Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE Z-16-07 CONDIT. USE/1974 MINER:

Consent Agenda

Moved by Murphy, seconded by Beauvais, to adopt Ordinance Z-16-07, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-5C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW AN EDUCATIONAL FACILITY FOR HEALTHCARE TO OPERATE AT 1974 MINER STREET, DES PLAINES, ILLINOIS (Case 07-22-CU). Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE Z-15-06 MAP AMEND./755 SEEGERS:

Moved by Murphy, seconded by Higgason, to PLACE ON PENDING for further review Second Reading of Ordinance Z-15-06, AN ORDINANCE GRANTING A MAP AMENDMENT FROM MC 2 GENERAL MANUFACTURING TO R-3 TOWNHOUSE RESIDENTIAL FOR THE PROPERTY LOCATED AT 755 SEEGERS ROAD, DES PLAINES, ILLINOIS (Case 06-3-PUD). Motion declared carried.

ORDINACE Z-16-06 AS AMENDED PRELIMINARY PUD/755 SEEGERS:

Moved by Murphy, seconded by Walsten, to PLACE ON PENDING for further review Second Reading of Ordinance Z-16-06, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) FOR 755 SEEGERS ROAD, DES PLAINES, ILLINOIS (Case 06-03-PUD). Motion declared carried.

ORDINANCE Z-18-07 CONDIT. USE/567 W. ALGONQUIN:

Moved by Argus, seconded by Murphy, to advance to Second Reading and adopt Ordinance Z-18-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO AUTHORIZE THE EXPANSION OF A PLACE OF WORSHIP IN ACCORDANCE WITH SECTION 7.2-4C. OF THE ZONING CODE, AS AMENDED, TO ALLOW THE CONSTRUCTION OF A MULTI-PURPOSE FACILITY WITH A GYMNASIUM AT 567 WEST ALGONQUIN ROAD, DES PLAINES, ILLINOIS (Case 07-28-CU). Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Argus

NAYS: 0-None

ABSENT: 1-Smith

Motion declared carried.

APPOINTMENT:

Presented for consideration (no action required) was Mayoral appointment to the SPECIAL EVENTS COMMISSION of Sister Clare Marie (replacing Mark Walsten). (final action on this matter under Consent Agenda on August 6, 2007)

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

FINANCE & ADMINI. - Alderman Brookman, Vice Chair

WARRANT REGISTER:

Moved by Beauvais, seconded by Murphy, to recommend to the City Council approval of the July 16, 2007 - Warrant Register, in the total amount of $4,064,267.31, and further recommend that Resolution R-103-07 be adopted at appropriate time this evening. Motion declared carried.

BUILDING CODE - Alderman Higgason, Chair

BILLBOARD LIGHTING STANDARDS:

Ordinance M-7-05

The matter of establishing billboard lighting standards and Ordinance MC 7-05 was referred back to Staff for further review on February 7, 2005.

Alderman Walsten stated that lighting of the billboards has been a disaster as far as he is concerned; we need to look at this a little further so that it is in the best interest of the residents.

Alderman Beauvais stated that she cannot support Section 6 of the proposed ordinance stating that the lamps shall be mounted no further than 8' perpendicular to the outdoor sign or billboard; this will cause too much light spillage.

City Attorney Wiltse stated that without this ordinance the City will not be able to control the lighting of billboards; the City would run the risk of different kinds of lights.

Alderman Murphy stated that she would like to see no lighting; that would meet all of IDOT= s requirements:

Alderman Brookman asked it we knew what other communities are doing about lighting standards. City Attorney Wiltse said he doesn= t know what other communities are doing, but these are industry standards.

Alderman Brookman stated that she hopes this will be sent back to Staff for further review.

Alderman Walsten stated that he likes Alderman Murphy= s suggestion that we not have lights at all.

Alderman Brookman stated that she would like a sign by sign detailed analysis of what can be done for each billboard under our current ordinance and with the proposed changes.

Mr. Chris Peterson, 2156 Estes Avenue, addressed the Committee of the Whole stating that the sign by his house was lit one (1) time to see how it would look; his whole street was blue; they did turn off the lights; the catwalk should be specified as part of the sign.

Mr. John Leone, 2184 Estes Avenue, addressed the Committee of the Whole stating that he has a sign 15' from his property line; his property value has gone down.

Moved by Murphy, seconded by Brookman, to recommend to the City Council to TABLE the matter of Billboard Lighting Standards and Ordinance MC 7-05 for further review. Motion declared carried.

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

WARRANT REGISTER:

Resolution R-103-07

Moved by Brookman, seconded by Murphyn, to concur with recommendation of Committee of the Whole to adopt Resolution R-103-07, 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: $4,064,267.31. Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Argus

NAYS: 0-None

ABSENT: 1-Smith

Motion declared carried.

BILLBOARD LIGHTING STANDARDS:

Ordinance M-7-05

Moved by Higgason, seconded by Brookman, to concur with recommendation of Committee of the Whole to TABLE the matter of Billboard Lighting Standards and Ordinance MC 7-05 for further review. Motion declared carried.

ADJOURNMENT:

Moved by Beauvais, seconded by Moylan, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:50 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

Living In Des Plaines  |  Your Local Government  |  Your City Services
Economic Development  |  Online City Reference Desk
  Search  |  Site Map  |  Home

Send feedback to the City by clicking here.
Click here to report a website technical issue.

This site is best viewed in Internet Explorer 7.0 or higher or Firefox 2.0 or higher.

Site Use Policy

All information © 2008 Des Plaines, Illinois